HomeMy WebLinkAboutPollock Company
Augusta Richmond GA
. DOCUMENT NAME: \=0\ \OC-'<.- Corn~
DOCUMENT TYI?E: C~OC/-t
Y~AR: C\'6
BOX NUMBER: Ol.\
FILE NUMBER: \~L\l
NUMBER OF PAGES: 30
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CONTRACT
This Contract is entered into on and as of January 2, 1998,
by and between Augusta, Georgia, by and through the Augusta-
Richmond County Commission, and the Pollock Company.
This contract is prepared in accordance with the Purchasing
Regulations of Augusta-Richmond County and shall be controlled by
provision thereof.
1. DEFINITIONS
As used in this Contract the terms below are defined as
follows:
a. "Augusta" shall mean Augusta, Georgia, acting by
and through the Augusta-Richmond County
Commission.
b. "Using Department" shall mean all departments
listed on Attachment "A" attached hereto and
incorporated herein by reference,
e. "Commission" shall mean the Augusta-RiChmond
County Commission.
2. TERM; TERMINATION
a. This Contract shall be for an initial term of
three (3) years, beginning January 2, 1998. This Contract may be
renewed for two additional terms of one (1) year each~ by the
mutual written consent of the parties, unless earlier terminated.
b. The parties agree that Augusta may terminate this
Contract or any work or delivery required hereunder., from time to
time, either in whole or in part, in accordance with Sections
1.24 through 1.25.3 of RFP No, -97-108.
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Termination, in whole or in part, shall be effected by
delivery of a Notice of Termination signed by the Mayor, mailed
or delivered to Contractor, and specifically setting forth the
effective date of termination,
Upon receipt of such Notice, Contractor shall:
i. Cease any further deliveries or work due
under this Contract, on the date, and to the
extent, which may be specified in the Notice;
ii. Place no further orders with any subcontractors
except as may be necessary to perform that portion
of this Contract not subject to the Notice;
iii, Terminate all subcontracts except those made with
respect to Contract performance not subject to the
Notice;
iv. Settle all outstanding liabilities and claims
which may arise out of such termination, with the
ratification of the Purchasing Department of
Augusta; and
v. Use its best efforts to mitigate any damages which
may be sustained by him as a consequence of
termination under this clause.
After complying with the provisions of paragraph iii,
above, the Contractor shall submit a termination claim, in no
event later than six months after the effective date of
termination, unless an extension is granted by the Director of
Purchasing.
The Director of Purchasing, with the approval of the
Commission, shall pay from the Using Department's budget
reasonable costs of termination, including a reasonable amount
for profit on services delivered or completed, In no event shall
this amount be greater than the original contract price, reduced
by any payments made prior to Notice of Termination, and further
reduced by the price of the services not delivered, or those
services not provided.
This Contract shall be amended accordingly, and the
Contractor shall be paid the agreed upon amount.
In the event that the parties cannot agree on the whole
amount to be paid to Contractor by reason of termination under
this clause, the Director of Purchasing shall pay to the
Contractor the amounts determined as follows, without duplicating
any amount which may have already been paid under the preceding
paragraph of this clause:
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i. with respect to all Contract performance prior to
the effective date of Notice of Termination, the
total of:
a. Cost of the work performed;
b. The cost of settling and paying any
reasonable claims as provided in subparagraph
iv above;
c. A sum as profit on (a) determined by the
Director of Purchasing and approved by the
Commission to be fair and reasonable.
ii. The total sum to be paid shall not exceed the
Contract price, as reduced by the amount of
payments otherwise made, and as further reduced by
the Contract price of services not terminated.
In the event that Contractor is not satisfied with any
payments which the Director of Purchasing shall determine to be
due under this clause, the Contractor may appeal any claim to the
Commission in accordance with the. "Disputes" clause of this
Contract.
Contractor shall include a provision similar to this
one in any subcontract, and shall specifically include a
requirement that subcontractors make all reasonable efforts to
mitigate damages which may be suffered. Failure to include such
provisions shall bar Contractor from any recovery from Augusta
whatsoever of loss or damage sustained by a subcontractor as a
consequence of termination for convenience.
c. Either party may terminate this Contract, without
further obligation, for the default of the other party or its
agents or employees with respect to any agreement or provision
contained herein.
d. In the event Contractor sells, transfers or
relinquishes, whether involuntarily or voluntarily, its ownership
interest in the corporation, partnership or proprietorship
identified in this Contract, this Contract shall terminate in
accordance with section 1.14 of the RFP.
3. INCORPORATION OF DOCUMENTS
The following documents are hereby incorporated by
reference into this Contract:
a. Contractor's Proposal: Copier Management Service
for Augusta-Richmond County, RFP #97-108
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b. Augusta's RFP: RFP No. 97-108, Copier Services,
August 13, 1997 (date).
In the event of any inconsistency between the
Contractor's Proposal and Augusta's RFP, the terms and conditions
of the RFP shall control.
4. PROVISION OF SERVICES
Contractor hereby agrees to provide to Augusta the
services described herein and further outlined in Attachment B,
Scope of Work. The Scope of Work shall take precedence over the
documents set forth in section 3 in the event of inconsistency.
5. CONTRACT AMOUNT
In return for the services identified above, and
subject to the "Non-Appropriation of Funds" clause herein,
Augusta certifies that sufficient funds are budgeted and
appropriated and shall compensate the Contractor a base monthly a
amount of Twenty-Two Thousand Eight Hundred Thirty-Nine and
68/100 Dollars ($22,839.68), in accordance with the pricing
structure contained in Attachment "C," which is attached hereto
and incorporated herein by reference (the "pricing Structure"),
for the 36-month term of this Agreement. Contractor shall not
invoice, or receive any payments in excess of this amount, except
pursuant to the provisions of the pricing Structure and/or
section 11 herein. Contractor specifically 'acknowledges and
agrees that it shall not receive payment or reimbursement for
expenses, including those relating to travel, purchase of
supplies or related items.
6. METHOD OF PAYMENT
Contractor shall submit monthly invoices listing the
services performed and completed as outlined in Attachment B.
The invoice should cite the backup itemized charges separately
for service to each cost center. An original summary invoice
shall be sent to: Accounting Department, Room 105, 530 Greene
street, Augusta, Georgia 30911,
Augusta will make payment to Contractor within 30 days
of receipt of a correct invoice based upon the Pricing Structure.
Payment will be based on unit prices.
7. TIME OF ESSENCE AND COMPLETION
Time shall be of the essence to this Contract, except
where it is herein specifically provided to the contrary.
Contractor shall provide the contract services in
accordance with the schedules set forth in Attachments Band C.
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8. KEY PERSONNEL
a. Contractor shall assign to this Contract the
following key personnel:
i. steve Baxter
ii. Diane Inglett
iii. Tammy Williams
b. During the period of performance, Contractor shall
make no substitutes of key personnel unless the substitution is
necessitated by illness, death, or termination of employment.
Contractor shall notify the Augusta-Richmond County Director of
Purchasing within five (5) calendar days after the occurrence of
any of these events and provide the following information,
providing a detailed explanation of the circumstances
necessitating the proposed substitutions, complete resumes for
the proposed substitutes, and any additional information
requested by the Augusta-Richmond County Director of Purchasing.
Proposed substitutes should have comparable qualifications to
those of the persons being replaced. The Augusta-Richmond County
Director of Purchasing will notify the Contractor within fifteen
(15) calendar days after receipt of all required information of
the decision on substitutions. This clause will be modified to
reflect any approved changes of key personnel,
9. INSPECTION AND ACCEPTANCE
All tasks and reports shall be conducted and completed
in accordance with recognized and customarily accepted industry
practices, and shall be considered complete when the products are
approved as acceptable by the Contract Administrator in writing.
In the event of rejection of any report or deliverable,
Contractor shall be notified in writing and shall have ten (10)
working days from date of insurance of notification to correct
the deficiencies and re-submit the report/deliverable. Failure
to submit acceptable work within said ten-day period shall
constitute a breach of this contract for which the Contractor may
be held in default.
10. ASSIGNABILITY OF CONTRACT
Neither this Contract, nor any part hereof, may be
assigned by Contractor to any other party without the prior
express written permission of Augusta.
11. MODIFICATIONS OR CHANGES TO THIS CONTRACT
All modifications and changes to this Contract shall be
in writing and signed by both parties.
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The Contract Administrator, with the approval of the
Commission, shall have the authority to order changes in this
Contract which affect the cost or time of performance. Such
changes shall be ordered in writing specifically designated to be
a "change Order." Such change orders shall be limited to
reasonable changes in the services to be provided or the time of
delivery; provided that the Contractor shall not be excused from
performance under the changed Contract by failure to agree to
such changes, and it is the express purpose of this provision to
permit unilateral changes in the Contract now subject to the
conditions and limitations herein,
Contractor need not perform any work described in any
Change Order unless it has received a written certification from
Augusta that there are funds budgeted and appropriated sufficient
to cover the cost.of such changes.
Contractor shall make a demand for payment for
completed changed work within thirty (30) days of completion of
Change Order, unless such time period is extended in writing, or
unless the Director of Purchasing requires submission of a cost
proposal prior to the initiation of any changed work or services.
Later notification shall not bar the honoring of such claim or
demand unless Augusta is prejudiced by such delay.
No claim for changes ordered hereunder shall be
considered if made after final payment in accordance with the
Contract.
12. EMPLOYMENT DISCRIMINATION - CONTRACTS OVER $10,000
During the performance of this Contract, Contractor
agrees as follows:
a. Contractor will not discriminate against any
employee or applicant for employment because of
race, religion, color, sex, disability, or
national origin, except where religion, sex, or
nation origin is a bona fide occupational .
qualification reasonably necessary to the normal
operation of Contractor, Contractor agrees to
post, in conspicuous places, notices setting forth
the provisions of this nondiscrimination clause.
b. Contractor, in all solicitations or advertisements
for employees placed by or on behalf of
Contractor, will state that such Contractor is an
equal opportunity employer.
c. Notices, advertisements, and solicitations placed
in accordance with Federal law, rule, or
regulation shall be deemed sufficient for the
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purpose of meeting the requirements of this
section.
Contractor will include the provisions of the foregoing
paragraphs a, b, and c in every subcontract or purchase order
over $10,000 so that the provisions will be binding upon each
subcontractor or vendor.
15. EXAMINATION OF RECORDS
Contractor agrees that Augusta or any duly authorized
representative shall, until the expiration of three (3) years
after final payment hereunder, have access to and the right to
examine and copy any directly pertinent books, documents, papers,
and records of Contractor involving transactions related to this
Contract.
Contractor further agrees to include in any subcontract
for more than $10,000 entered into as a result of this contract,
a provision to the effect that the subcontractor agrees that
Augusta, or any duly authorized representative, shall, until the
expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine and copy any
directly pertinent books, documents, papers, and records of such
Contractor involved in transactions related to such subcontract,
or this Contract. The term subcontract as used herein shall
exclude subcontracts or purchase orders for public utility
services at rates established for uniform applicability to the
general public.
The period of access provided in the paragraphs above
for records, books, documents, and papers which may be related to
any arbitration, litigation, or the settlement of claims arising
out of the performance of this contract or any subcontract shall
continue until any appeals, arbitration, litigation, or claims
shall have been finally disposed of,
16. DISPUTES
Disputes by Contractor with respect to this Contract
shall be decided in the first instance by the Augusta-Richmond
County' Director of Purchasing, who shall reduce her decision to
writing. Further appeal shall be made in writing to the
Commission, Decisions by the Commission shall be final and
binding unless set aside by a court of competent jurisdiction as
fraudulent, capricious, arbitrary, or so grossly erroneous as
necessarily to imply bad faith, or not be supported by any
evidence. Pending a final determination of a properly appealed
decision of the Director of Purchasing, Contractor shall proceed
diligently with the performance of the Contract in accordance
with that decision.
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17. INTEGRATION CLAUSE
This Contract, and any and all exhibits thereto, and/or
documents incorporated by reference into this Contract, shall
constitute the whole agreement between the parties. There are no
promises, terms, condition, or obligations other than those
contained herein, and this Contract shall supersede all previous
communications, representations, or agreements, written or
verbal, between the parties hereto related to the provision for
Services described herein.
IN WITNESS WHEREOF, the parties have set their hands and
seals as of the date first written above.
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Pr inted name: R .
As its President
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AUGUSTA RICHMOND COUNTY
COPIER MANAGEMENT SUMMARY
(2-1-98)
ORIGINAL BID (RFP-97-108)
96 NEW COPIERS
1,045,200 COPIES PER MONTH
36 MONTH BASE: $ 19,441.00 PER MONTH
FINAL CONTRACT (includes new add on/deletions/customer
reassigned)
101 NEW COPIERS
4 CUSTOMER OWNED REASSIGNED
105 TOTAL UNITS
1,227,940 COPIES PER MONTH
36 MONTH BASE: $ 22,839.68
9 ADDITIONAL UNITS IN SERVICE
182,740 ADDITIONAL COPIES
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COPIER MANGEMENT SUMMARY
DEPARTMENT
MODEL
ADDITIONAL
COPIES
**Clerk of Court SD-2060 25,385/month
5th floor
**Clerk of Court SD-2060 25,385/month
5th floor
**Clerk of Court SD-2060 25,385/month
6th floor
**Clerk of Court SD-2060 25,385/month
Law Enforcement Ctr
*Bush Field SD-2060 15,OOO/month
* Juvenile Court SF-2030 15,OOO/month
* Marina SF-2114 800/month
CUSTOMER OWNED REASSIGNED
Fire Dept Admin EP-6000 15,OOO/month
Phinnizy Rd Jail 2- EP-6000' s 30,OOO/month
Roads/Bridges SF-2035 5,400/month
TOTAL ADDITIONAL COPIES:
182,740/month
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LEGEND
*Net add on unit that was not included on Attachment III ofRFP-97-
108,
**Customer approved upgrade
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.PO~~OCK.JFFICE KACHINECOMPANY
CustoRer IteR LIst By Location .
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lDcation............
7:54 1/08/98
Page: 1
AUR7590 -AUGUSTA RICHMOND COUNTY
Order-line IteA ,.,.",.,....".,...",."..".,. Expires Serial Nunber
21363&- 1 CF-900
21362G- 8 SF-2020
1099 REYNOLDS 5T, UPSTAIR 21362G- 25 SF-2029
1999 REYNOLDS ST.DOWNSTAI 21362&- 23 SF-2020
1237 LANEY WALKER BLVD 21362&- 41 SF-2020
1447 JACKSON RD.FBIEDMAN 21362&- 37 SF-2020
1568 BROAD STREET 21362G- 89 SF-2020
1568 BROAD IT. 21362G- 26 SF-2114
1815 HARVIN GRIFFIN RD 21362&- 19 SF-2030
1820 DOU& FERNARD PKWY 21362G- 94 SF-2030
1927 LUMPKIH ROAD 21362G- 40 SF-2020
1941 PHINEZY ROAD-JAIL 21362&- 98 EP-6000
1941 PHINIZY ROAD 21362G- 99 EP-6000
2020 LUMPKIN RD TAG ~FFIC 21362G- 86 SF-2114
2098 GREENLAND RD-RAMGE 21362G- 70 SF-2020
2098 GREENLAND RD-RANGE 21362G- 69 SF-2020
2260 WALTON WAY/APPLEBY 21362&- 36 SF-2020
2314 TOBACCO ROAD/RCCI 21362&- 51 SF-2035
2314 TOBACCO ROAD 21362&- 27 SF-2114
2316 TOBACCO ROAD 21362G- 57 SF-2020
2822 CENTRAL AVE 21362G- 95 SF-2020
328 RIVERFRONT DRIVE 21362G- 88 SF-2030
360 BAY STREET SUITE 240 21362G- 29 SF-2020
360 BAY ST.ST 450 21362&- 11 SF-2020
401 WALTON WAY 724-4798 90960G- 1 SF-2027N
401 WALTON WAY RH 121 21362G- 76 SF-2030
MINOLTA DIGITAL FULL COLOR COP 12/31/98
SHARP COPIER' 12/31/98 76609150
NOTE : CLERK OF COURT
SHARP COPIER' 12/31/98 76608080
NOTE : TRAINING-SUPPLIES COVERED
SHARP COPIER 12/31/98 76606010
NOTE : OPERATIONS-SUPPLIES COVERE
SHARP COPIER 12/31/96 76605400
NOTE : SUPPLIES COVERED/WALLACE B
SHARP COPIER 12/31/98 76605460
NOTE : SUPPLIES COVERED
SHARP COPIER 12/31/98 76608680
NOTE : TREES & PARKS
SHARP COPIER 12/31/98 76608525
NOTE : STREETS & DRAINS
SHARP COPIER BASE 12/31/98 76606500
NOTE : SUPPLIES COVERED
SHARP COPIER BASE 12/31/98 76608208
NOTE: WATER TREATKEHT-SUPP.COVER
SHARP COPIER 12/31/98 76606870
NOTE : SUPPLIES COVERED/MAXWELL B
MINOLTA COPIER 12/31/98 3115465
NOTE : SUPPLIES COVERED
MINOLTA COPIER 12/31/98 3115205
NOTE: SHERIFF'S DEPT
SHARP COPIER 12/31/96 76608405
NOTE : SUPPLIES COVERED
SHARP COPIER 12/31/96 76605110
NOTE : SUPPLIES COVERED
SHARP COPIER 12/31/98 76609650
NOTE : SUPPLIES COVERED
SHARP COPIER 12/31/98 76606990
NOTE : SUPPLIES COVERED
SHARP COPIER 12/31/98 56201585
NOTE: CORRECTIONAL INST,
SHARP COPIER 12/31/96 76607375
NOTE: SUPPLIES COVERED-GARAGE II
SHARP COPIER 12/31/98 76608890
NOTE : ROADS & BRIDGES
SHARP COPIER. 12/31/98 76605880
NOTE : SUPPLIES COVERED/WATER OPE
SHARP COPIER BASE 12/31/98 76607958
NOTE: SUPPLIES' COVERED/TRAFFIC
SHARP COPIER 12/31/96 76608860
NOTE : HUMAN RELATIONS
SHARP COPIER 12/31/98 76605200
NOTE: CORONER'S OFFICE
SHARP COPIER BASE 1/31/98 46201567
NOTE : MUNICIPAL COURT
SHARP COPIER lASE 12/31/98 76610566
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Location.""..",. .
401 UALTON WAY RM 121
401 WALTON WAY RM 216
401 WALTON WAY RH J275
491 WALTON WAY RHB275
491 WALTON WAY RH .B275
401 WALTON WAY RM B275
401 WALTON WAY RH A21I
401 WALTON WAY RM A113
491 WALTON WAY RH 216
491 WALTON WAY
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535 15TH ST,
. .PO~1::0CK..OFFICE MACHINE COMPANY
CustoA~, IteR list By location
IteM .""..."..",....",.,."..,.., EX9ires Serial NUAber
HOTE : STATE COURT SOLICITOR/ EKS
SHARP COPIER BASE 12/31/98 76606328
HOTE : STATE COURT SOLICITOR/ EKS
SHARP COPIER BASE 12/31/98 76213669
HOTE : STATE COURT
SHARP COP1ER BASE
NOTE: SHERIFF'S OFFICE/ EMS
SHARP COPIER BASE 12/31/98 76608078
NOTE: SHERIFF'S CIVlllSUPP,COVER
SHARP COPIER 12/31/98 76608970
NOTE : SUPPLIES COVERD/ RECORDS
SHARP COP.IER 12/31/98 76608060
NOTE: SUPPLIES COVERED/EVIDENCE
SHARP COPIER 12/31/98 76607280
NOTE: STATE COURT/SUPPLIES COVER
SHARP COPIER BASE 12/31/98 76605550
NOTE : JUVENILE COURT
SHARP COPIER
NOTE : CLERK OF COURT
SHARP COPIER 12/31/98 76607495
NOTE : CIVIL COURT CLERK/GAYNELL
SHARP COPIER 12/31/98 66205898
NOTE : RECORDS RETENTION
SHARP COPIER . .
NOTE: SUPPLIES COVERED
SHARP COPIER
NOTE : SUPPLIES COVERED
SHARP COPIER
NOTE : SUPPLIES COVERD
SHARP COPIER BASE
NOTE : SUPPLIES COVERED
SHARP COPIER BASE 12/31/98 76608198
NOTE: EMERGENCY HGT, SUPPLIES CO
CANON ELECTRONIC T/W 12/31/98 FA2012275
SHARP COP1ER BASE 12/31/98 76609638
NOTE : SUPPLIES COVERED
SHARP COPIER 12/31/98 76609336
NOTE: 4146 MACK LANE-SUPPLIES CO
SHARP COPIER 12/31/98 76609380
NOTE : SUPlIES COVERED
SHARP COPIER
NOTE : SUPPLIEl COVERED
SHARP COPIER
NOTE : SUPPLIES COVERED
SHARP COPIER
HOTE : SUPPLIES COVERED
SHARP COPIER BASE
HOTE : SUPPLIES COVERED
SHARP COPIER BASE .
NOTE : SUPPLIES COVERED
SHARP COPIER BASE
HOTE : SUPPLIES COVERED
SHARP COPIER .
Order-Line
21362&- 75 Sf-2930
21362&- 72 5D-2869
21362&- 71 SF-2030
21362G~ 68 SF-2030
21362G- 63 SF-2020
21362&- 58 SF-2020
21362G- 22 SF-2020
.21362G- 10 SF-2030
21362G- 9 SF-2114
21362G- 6 SF-2114
21362G- 53 SF-2050
b02 &REENE ST, EXT SERV, 21362G- 28 SF-2020
992 GREENE ST,HAIN LIBRAR 21362G- 39 SF-2020
902 &REENE ST LIBRARY
902 GREENE ST MAIN LIBRAR 21362G- 38 SF-2020
911 4TH STREET
ACCOUNTING DEPT
ADMIN OFFICE RH 801
ANIMAL CONTROL
21362&- 35 SF-2030
21362G- 18 SF-2030
20209E- 1 AP-740
21362&- 2 SF-2030
BOARD OF ELECTIONS RM 104 21362&- 17 SF-2020
21362G- 3 SF-2114
BUSH FIELD ADHIN OFFICE
BOARD OF ELECTIONS RM 104 213b2G- 16 SF-2020
CARPENTER SHOP-I1S7 5TH
CIVIL COURT RH 500
21362G- 97 SD-2060
21362&- 4 SF-2114
213b2&- 33 SF-2030
DA'S OFFICE 551 GREENE 5T 21362G- 14 SF-2030
DA'S OFFICE 551 GREENE ST 21362&- 13 SF-2030
DA'S OFFICE 551 GREEN ST 21362&- 12 SF-2050
7: 54 1/08/98
Page: 2
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12/31/98 76697968
12/31/98 76608095
12/31/98 76608050
12/31/98 76609450
12/31/98 76608090
12/31/98 7b606348
12/31/98 76609449
12/31/98 76214729
12/31/98 76608155
12/31/98 76607978
12/31/98 76606368
12/31/98 76606238
12/31/98 66204642
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..PO~~OCK..OFFICE MACHINE COMPANY
CustoAei IteR list By location
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location............
7:54 1/08/98
Pa~e: 3
Order-line ItePl ..,.....,'~,......,..,....,..,.... Expires Serial NUflber
ECONOMIC DEV. tl 10TH 51 21362G- 15 SF-2050
EXT SERVICE-601 &REENE S1 21362&- 20 SF-2114
FIRE DEP1- .1 10TH ST
21362&- 96 EP-6000
HUMAN RESOURCES ROOM 601 21362G- 30 SF-2059
INDIGEHT DEFENSE
21362G- 43 SF-2030
INMATE STORE
29B76H- 1 SF-2014
IT-ANNEX 101 MUNICIPAL Bl 21362G- 31 SF-2030
JAIL ADMIN 401 WALTON WAY 21362G- 65 SD-2060
JAIL/BOOKING 21362G- 66 SD-2060
JUDGE OVERSTREET RM 312 21362&- 82 SF-2020
LANDFIll 4312 DEANS BR.RD 21362&- 52 SF-2030
lICENSE ~ INSPECTION
21362&- 42 SF-2030
MAYOR'S OFFICE RH .806
21362G- 49 50-3962
NARC-346 WATKINS STREET 21362G- 67 SF-2930
PAYROLL - SHERIFF'S DEPT 21362G- 62 SF-2114
PUBLIC WORKS/ENGINEERING 21362&- 48 SF-2114
PUBLIC YORKS/ENGINEERING 21362G- 47 SF-2030
PURCHASING-RM 605
21362G- 50 SD-3062
REC DEPT-2027 LUMPKIN RD 21362&- 55 SF-2114
REC DEPT-2027 lUMPKIN RD 21362&- 54 50-2060
RECORDS - SHERIFF'S DEPT 21362G- 64 SD-2060
RISK MANAGEMENT RM 217 21362G- 56 SF-2030
RM 105 ACCOUNTING 21362&- l' SF-2020
RM 106 TAX ASSESSORS 21362G- 84 SF-2030
RK 1~6 TAX ASSESSOR 21362G- 83 SF-2930
RM 116 WATER WORKS 21362G- 90 SF-2030
RH 117 TAX COMMISSIONER 21362G- 85 SF-2030
NOTE : SUPPLIES COVERED
SHARP COPIER 12/31/98 6629650B
NOTE: .1 10TH ST! SUITE 439
SHARP COPIER 12/31/98 76608175
NOTE : SUPPLIES COVERED
H~NOLTA COPIER 12/31/98 3118071
NOTE : SUPPLIES COVERED
SHARP COPIER 12/31/98 66206528
NOTE ~ SUPPLIES COVERED
SHARP COPIER BASE 12/31/98 76609628
NOTE: 411 WATKINS STREET
SHARP COPIER 10/31/98 66507798
NOTE: SUPPLIES COVERED/798-5572
SHARP COPIER BASE 12/31/98 76607838
NOTE : SUPPLIES COVERED
SHARP COPIER 12/31/98 76211926
NOTE : SUPPLIES COVERED
'SHARP COPIER 12/31/98 66221966
NOTE: 401 WALTON WAY RM B195
SHARP COPIER . 12/31/98 76609160
NOTE : SUPPLIES COVERED
SHARP COPIER BASE 12/31/98 76608968
NOTE ~ SUPPLIES COVERED
SHARP COPIER BASE 12/31/98 76610158
NOTE: 1815 HARVIN GRIFFIN RD
SHARP COPIER SYSTEM 12/31/98 76214758
NOTE : SUPPLIES COVERED
SHARP COPIER BASE 12/31/98 76607938
'SHARP COPIER 12/31/98 76609416
NOTE: 491 WALTON WAY RH B275
SHARP COPIER 12/31/98 76608415
NOTE : 1815 HARVIN GRIFFIN RD
SHARP COPIER BASE 12/31/98 76606218
NOTE : 1815 MARVIN GRIFFIN RD
SHARP COPIER SYSTEM 12/31/98 76214858
NpTE : SUPPLIES COVERED
SHARP COPIER 12/31/98 76607345
NOTE : SUPPLIES COVERED
SHARP' COPIER 12/31/98 76216229
NOTE : SUPPLIES COVERED
SHARP COPIER 12/31/98 76216399
NOTE: 401 WALTON WAY RH B275
SHARP COPIER BASE 12/31/98 76610598
NOTE : SUPPLIES COVERED
SHARP COPIER 12/31/98 76605160
NOTE : SUPPLIES COVERED
SHARP COPIER BASE 12/31/98 76607943
NOTE : ~UPPLIES COVERED
SHARP COPIER BASE 12/31/98 76609648
NOTE : SUPPLIES COVERED
SHARP COPIER BASE 12/31/98 76609578
NOTE : SUPPLIES COVERED
SHARP COPIER BASE 12/31/98 76607828
.'\ ( 0;.
EKR18.9
~
.. '01 -;
.,PO,llOCICOFFICE MACHINE COMPANY
CustoAe, IteR List By Location
7:54 1/08/98
Page: 4
location,.....,",..
RM 207 FINANCE
21362G- 21 SF-2030
Order-Line IteR ."..,.",.,.....".,...".,..." Ex~ires Serial NURber
RM 305 SUPERIOR COURT
21362&- 81 SF-2030
RM 319 SUPERIOR COURT
21362&- 80 SF-2030
RM 401 PROBATE COURT
21362&- 45 SF-2030
RM 401 PROBATE COURT
21362&- 44 SF-2020
RM 604 SUPERIOR COURT
21362&- 92 SF-2030
RM 701 EN&INEERlnG
21362G- 46 SF-2038
RM 705 CIVIL COURT CLERK, 21362G- 5 SF-2030
ROOM 503 CLERK OF COURT 21362G- 7 SF-2030
ROOM 905 LAW lIBRARY 21362&- 34 SF-2020
SHERIFF DEPT - CID 21362&- 60 SF-2030
SOUTHGATE SUB STATION 21362&- 73 SF-2020
STATE COURT JUDGE 21362&- 78 SF-2020
TA& OFFICE 491 LANEY WALK 21362&- 87 SF-2020
WATER OPT-2822 CENTRAL AV 21362&- 91 SF-2114
WATER SEWER-2760 PEACH OR 21362&- 93 SF-2114
WINDSOR SPRING@BOYKIN RD 21362&- 24 SF-2020
NOTE : SUPPLIES COVERED
SHARP COPIER BASE 12/31/98 76606378
NOTE : SUPPLIES COVERED
SHARP COPIER BASE 12/31/98 76606198
NOTE : SUPPLIES COVERED
SHARP COPIER BASE 12/31/98 76607788
NOTE : SUPPLIES COVERED
SHARP COPIER BASE 12/31/98 76689658
NOTE : SUPPLIES COVERED
SHARP COPIER 12/31/98 76605890
NOTE : SUPPLIES COVERED! PROBATE
SHARP COPIER BASE 12/31/98 76606318
NOTE : SUPPLIES COVERED
SHARP COPIER BASE 12/31/98 76610228
NOTE : SUPPLIES COVERED
SHARP COPIER BASE 12/31/98 76606388
HOTE : SUPPLIES COVERED
SHARP COPIER BASE 12/31/98 76608158
NOTE : SUPPLIES COVERED
SHARP COPIER 12/31/98 76607710
NOTE : lAW lIBRARY
SHARP COPIER BASE 12/31/98 76609718
NOTE: 401 WALTON WAY RM 8275
SHARP COPIER 12/31/98 76609460
NOTE : 1631 &ORDON HWY
SHARP COPIER 12/31/98 76607038
NOTE: 401 WALTON WAY RM A246
SHARP COPIER 12/31/98 76614448
NOTE : SUPPLIES COVERED
SHARP COPIER 12/31/98 76605055
NOTE : SUPPLIES COVERED
SHARP COPIER 12/31/98 76607215
HOTE : SUPPLIES COVERED
SHARP COPIER 12/31/98 76605210
HOTE : FIRE DEPT-SUPPlIES COVERED
~l~!
'''1''.':
-:;
"
..
ACKNOWLEDGEMENT
Lease Account Number:
The undersigned Lessee has agreed to enter into a Tax Exempt Lease Purchase Agreement with
POLLOCK LEASING
, as Lessor, dated as of JANUARY
10th ,1998
, and hereby acknowledges that Lessee is required to file Internal
Revenue Service Fonn 8038-G, Infonnation Return for Tax Exempt Governmental Obligations,
or 8038-GC, Consolidated Infonnation Return for Small Tax Exempt Governmental Bond
Issues. Leases and Installment Sales. in connection with said Tax Exempt Lease Purchase
Agreement. The undersigned Lessee hereby represents and warrants that it will comply with all
required Internal Revenue Service rules and regulations pertaining to Fonn 8038-G or 8038-GC,
as applicable.
AUGUSTA-RICHMOND COUNTY
CONSOLIDATED GOVERNMENT
Date:
,
,
......."\-..
'oJ
,_ i
..
QUALIFIED TAX EXEMPT OBLIGATION RIDER
This Rider is made a part of that certain Lease Agreement dated as of 1-10 , 19~
(the "Lease") by and between A Rr rnn c:: -r.:mrt- ("Lessee") as Lessee, and
POLLOC.K T.F.AS TN(; ("Lessor") as Lessor, for the purpose of
designating the Lease as a "Qualified Tax Exempt Obligation" for purposes of Section 265(b)(3)
of the Internal Revenue Code of 1986, as amended. With respect to such designation, the Lessee
hereby agrees, warrants and represents as follows:
I. The Lease is designated by Lessee as a "Qualified Tax Exempt Obligation" for purposes of
Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
2. The property that is subject to the Lease will be owned and operated by the Lessee in
performance of its public purposes; said property will not be subject to the use or control of
any entity other than Lessee.
3. . Lessee agrees that it has not designated more than $10,000,000 of tax exempt obligations
during the current calendar year as qualified tax exempt obligations. Lessee reasonably
anticipates that the total amount of qualified tax exempt obligations to issue be during the
current calendar year will not exceed $10,000,000.
4. For purposes of Paragraph 3 of this Rider, the amount of tax exempt obligations stated as
either issued or designated as qualified tax exempt obligations includes tax exempt
obligations issued by all subordinate entities of Lessee, as provided in Sections 265(b)(3) of
the Internal Revenue Code of 1986.
IN WITNESS WHEREOF, I have set my hand this
19 98
10th day of JanllAry
AUGUSTA RICHMOND COUNTY
CONSOLIDATED GOVERMENT
Lessee:
By:
Title:
GEORGIA BANK & ThUST CoMPANY
OF AUGUSTA
January 10,2001
'.
Augusta Richmond County
530 Greene St
Augusta GA 30911
Lease #25
To Whom It May Concern:
The above referenced lease has been paid out. Enclosed please find your stamped
contract and the following documents if applicable:
( )Lien Released Title:
( )Your contract contains amounts for Credit Life or Credit Disability. Please
contact the dealership where the vehicle was purchased regarding any
rebates to which you may be entitled.
(X)Lien Released Financing Statement(s) for Georgia and South Carolina will be
forwarded by the Clerk of Court.
( )Security Deed will be forwarded by the Clerk of Court or the Attorney upon
Cancellation.
)Certificates of Deposit, Stock(s), or Savings Assignment(s): Please contact your loan
officer for release of these items, if you have not already done so.
( ) Life Insurance Policy
( ) Other:
If you have any questions regarding this letter,please call the Loan Servicing
Department (706) 739-0123 ext. 3037. Thank you for doing business with Georgia
Bank & TrustCompany. .
Sincerely,
Q~~
a:;ice Wolff
Loan Operations
Enclosure
3530 Wheeler Road
Augusta. Georgia 30909
706-738-6990
www.georgiabankandtrust.com
Post Ornce Box 15367
Augusta, Georgia 30919-5367
Fax 706-737-3106
THIS STATEMENT IS PRESENTED TO A FILING OFFICER FOR FILING PURSUANT TO THE UNIFORM
COMMERCIAL CODE, STATE OF GEORGIA.
lA. Debtor Name and Mailing Address:
ACi(;TJSJTA !~Ia~r:;()l'i[; (~C.\..:r-~~~'~:(
o Individual (last, First, Middle Name)
o Business (legal Business Name)
530 GREENE
AUGUSTA GA
ST
30911
1 B. Enter SocialSecuri~Jffax 10#
2A. Debtor Name and Mailing Address:
1 C. 0 Check if exempt under Item 6A
o Individual (last. First, Middle Name)
o Business (legal Business Name)
2B. Enter Social Securityffax 10#
3A. Debtor Name and Mailing Address:
2C. 0 Check if exempt under Item 6A
o Individual (last, First, Middle Name)
o Business (legal Business Name)
. : 0
1 :12-1::I~0 - D
o -
01.'''1
5. Assignee Name and Mailing Address
o Individual (last, First, Middle Name)
o Business (legal Business Name)
3B. Enter Social Securityffax 10#
3C. 0 Check if exempt under Item 6A 6A.
Exceptions for Social Securityffax 10#: (1) Pursuant to O.C.G.A. 11-9-402(9), this UCC-3 statement
relates to an original financing statement filed to perfect a security interest in collateral already
subject to a security interest in another jurisdiction when it was brought into this state or when the
debtor's location was changed to this state. or the debtor was not required to have such a number:
or (2) Pursuant to O.C.G.A. 11-12-102(2)-(3), this statement is a Transitional Filing relating to an
original financing statement filed prior to January 1, 1995.
4. Secured Party Name and Mailing Address: 0 Individual (last. First. Middle Name)
r'(' -tiP;" "IV q~p'sin~ss.Mge.l,8JJ.~iness Name)
(;EOP{~I j'.:.,.' 6J.\rJ~~ .& TFJ JST t., J. f~~..... \... k .. \U\JU!_l r...~
PO BOX 1 "i.167
AUC,US'f.l\ ('"A 30909
~
7 A. File Number of Original Financing Statement
121.-1 'J9H 0020,23
6B. 0 This statement is a transitional filing relating to an original financing statement filed prior to
January 1, 1995.
17B. County in which filed
R IC-!~-1(;N/)
17C.
Date of Original Filing
6/5/98
8. Type of Statement (Check only one)
A 0 Continuation. .The original Financing Statement between the Debtor and Secured Party bearing the file number shown above is still effective. If collateral cons.ists ONLY of consumer goods as
defined in O.C.G.A 11-9-109 and the secured obligation is originally $5,000 or less, give maturity date (MONTH/OA Y/YEAR) or state "None"
B 0 Release, The Secured Party reieases the collateral described in Item 9A. below from the Financing Statement bearing the file number shown above.
C 0 Partial Assignment. Some of the Secured Party's rights under the Financing Statement bearing the file number shown above have been assigned to the aSSignee above named. A description of the
collateral subject to the assignment is set forth in Item 9A below.
o 0 Assignment. The Secured Party has assigned to the Assignee above named all the Secured Party's rights under the Financing Statement bearing the file number shown above.
E 0 Amendment. The Financing Statement bearing the file number shown above is amended as set forth in Item 9A below.
F)( i!J Termination. The Secured Party no longer claims a security interest under.the Financing Statement bearing the file number shown above.'
9A. Description (Required tor Release, Assignment or Amendment)
9C. Enter collateral code(s) from back
of form that best describes
collateral covered by this filing:
9B. 0 Products of collateral are also covered.
10. Signature(s) of Debtor(s)
90. Number of additional sheets
presented:
11. Signature(s) of Secured Party(ies)
CFnRGIA flANK &- '{'RUST CCMPJ\NY OF AUGUSTA
A:~-: ! .'!-f..'~
CORcrf1iEY CUt.iN I!\it;HAM
LCW-..i OPEf<Afl(JNS uFFrCSR
12. Return Copy To: Name and Address.
I
~\\.K~U/rr.~ R..r!,.:H:~.\~.'~~jlJ {:fJiN'T"{
I
STATE OF GEORGIA - STATEMENTS OF CONTINUATION,
RELEASE, ASSIGNMENT, AMENDMENT, TERMINATION.
UCC-3 (REVISED 1/1/1995)
FORM MUST BE TYPED.
READ INSTRUCTIONS ON BACK BEFORE FILLING OUT FORM.
-i3U U(i,Ti-4E; fiT
AUGUSTA (;A ](j9 t 1
L
-1
!=:.TANnARn I=nRM 11r.r..~\ _ APP~n\Ji=n 1/1/1aa~ QV r..l=f"'ICr-I^ CIIDl:Olf"'\O rrH IOT'-, ecl."c' r>r"\r'\nr-n ......",,.. A' ,....., .............,......
INSTRUCTiONS
L THIS FORNI MUST 8E TYPED. DO NOT ~NR~TE \N FilING OFF{CER SPACE.
2. DEBTOi'~ AND SECURED P.~r::TY NAfv1ES ).\ND SOC1AL SE.CURiTYfTIN'S:
b.
Cn\j' i);~G i,1! n;~_!ni[: an,"! ;.~~~:lcjn:;::;~: ;:,r:aH be ~;nterecj 1n sach specs: for D2f.1!C!f' C'( Sscuf-ed F?,:.t~{. EHCh nerne ~~:; to rJe ShO'Nil :3sparately for every person or
entity ~n ~?~:h~~: c! thf: f()!!i..)\,,'.;in;} ~;ltu{~ricns: Individuai fFl!n;:~s; h.!~~LY:tr~cis and ~l'ji'JE=s: a!k/a (also knO'/fn as) name; Uk/a {rOrrnerly kr~()wn as) narnf;S:
nl,.:;kn~n1(::':-~3. p.;::.r"tn6( ns.n1(~S: p2rti1ersi1lp nEHnes: assurns.d narnes; business na!nes: trd(l(~ narn0S: d/b/a (doing ;JUSlneS5 as) narnes; f/cUb/a (fermerly
r.1,)n;i bu~:!ne::?:~: ,:;is) (!F~ms.:.;; ;)orpor?.tE- names: oihel" vari;.1.tion::;.
!l" the nr.,;p~2c! L!~)t:.!(;;' or SecLlred P;;:iny is an inc.iivi{iual [natural pi:~rsnn), ci''!(-=?cx ihe bo)( 1T18rked "indlviduaf anc! se1 f0rtrl the name in U'le following order:
Last I)~;.nh~, firs! n[~:n;~, rnkk,!!;;; name. if the Det'ttGr or Sr:CUJ'13Cl Partv nani8 IS 3 business narne. cl1eck ti16 box marked "Business::, and sat .forth the
!eqai husiness narTl8,
O.C.G.P" '1 '1 .9~€,i02_ 8t ~~eq.. rnEindates that each stcnement include ths DIElbtor's 3cc1al Security NUfnber. or. if other than 8 natural person: thl) Internal
Re./enue Ser./!c,-~ T2Apay(~r identification Nurnber. Oni)' t:xcepiions: a.C.G.A. 11-9.402(9) states that a fln2.ncing s!atemenl need net include such
inrorrrmUon if (1) it is tiled to perfe(~t a secur~ty intere.st in. collateral atreHdy :~Ut)j8Ct to a security lf1terest in i:H10rher jurisciiction when it is brougr!t into
t11fs S!3tC el1" \.vhc;.n UHJ Deb!ur:s location is ch0.ngec! t(} this stene or (2i U10 Debtor is not required to hav~3 such a number; any amenclrnent. continuation
staternenL 2:.;siqmllsnt, n::1e2:.S0. or rennination statement filf.~d with respect to any such financing statement is alSO 8),empt from rhe Social
SI~~CLHity/rax iD #: requirernent.
Pursuant to O.C,G./\ 11-12~'i02(~?') - (3), Staterrlents of Continuation, Arnenclmeni: Assignnient. R816~~se or Termination 2.ffecting original financing
staierndnts !Hc;;d pdc.'l' h"J \JarHia!j 1, 1995, ("Tr~.Hlsitioncil Fiiinus") ale not reqUIred to incl1.lt1e the Socia! Security Nurnber or Ji1t(~rnal Revenue Service
Taxpayet' ldentif'ics.t~on r~lurnbt3r of the Debtor: Indicale in lle!TI 68 if this tiling is 3 lransitional filing.
G.
d.
3. IF THE SPACE PROVIDED FOR Il.NY ITEM IS INADEQUATE:
a. Note "conUnuGc( in trH:) appropriate space(s}.
b. Continue tile item(sj, identifil~d cleariy by each Hen) number, on additional Z:)1!/1 x 11" sheet, Hea.d each a.dditional sheet w~th Debtor:s Nalne and
Social Security/Tax: iD #.
C. Indicate the number 01 additional pages attach eel in Iten) i'jumber 90.
4. ORIGINAL FINANCING STATEMENT INFORMATION:
Filing information reiating to tile original financing statement (.or the currently effective continuation statement) must be provided in Items 7 A, 76 and IC. ii
this statemEnt reiates to 2.n originai financing statement tiled prior to .January 1. 1995, indicate the same in Item 68.
5. TYPE OF STATEMENT
a. Indicate type 01 statemenl being Hied by checking the appropriate box in Item 8 - CHECf\ O~JE BOX ONLY.
b. If iiling a continuation statement ,vhere botl1 (i) the collateral describer! consists ONLY oi consumer goO(js fJl1d (2) tile secure(j obli\)ation is $5000 or
less. indicate tiE same in Item SA by giving the maturity date oi the secured obligation (MONTHiDAYIYEil,R) or specify that such obligation is not
subject to a m~\turiiy daie.
6. COLLATERAL DESCRIPTION:
a. Describe any released collateral. added collateral (or other amendment) or assigned rigllts in Item 9A.
b. Choose the collateral codels) belo'N thaI best describes the collateral set out in Item 9A and enter one or more in !tern 9C.
c. Collateral codes should be Included in Item 9C oi tile financing statement as the codes are essential to the indexing ot information on the UCC
Statewide Central index. These coilateral codes when entered on the financing statement witl be for indexin;) purposes only. The Secured Party is
responsible fOl" selecting U1e appropriate collatera! codes. No responsibiiity is assLlmed by tile Georgia Superior Court Cieri,s' Cooperative Authority as
to tiie correctness or adequacy of the codes selected by the Secured Party.
COLLATERAL CODES
0200 CHATTEL. PAF'ER
0300 DOCUMEhITS, INSTRlJr.;lEi'lTS (may include documents
or tille, receipt, negotiabie instruments, certificated
secudties)
0700 GOODS (Equipment)
0800 GOODS (Farm products) (may inciude crops, livestock, supplies
used or produced, products of crops or livestock)
0900 - GOODS (Fixtures)
1000 GOODS (Inventory)
01 CO ACCOUNTS
0400 GENERAL INTANGIBLES
1100 GOODS (Minerals) (or the iike (including oil ami 9<15) or accounts
from the sale at the wellhead or minehead)
1200 GOODS (Mobile)
1300 PROCEEDS
0500 GOODS (may include things ihat are movable. when
security intere~~t attaches, fixtures, unborn young of
animais, growing crops)
0600 - GOODS (Consumer goods)
THESE CODES ARE INSUFFICIENT TO SATISFY THE REQUIREMENT IN O.C.G.A. 11-9-40:2 THf,T TI-IIS FINANCING STATEMENT CONTAIN A
ST A TEfv1ENT INDICATING THE TYPES. OR DESCRIBING THE ITEMS. OF COLLATERAL
7. SIGNATURES
This form must be signe(j by the Secured Party oj record. If this ferm is signed by a person ottler than the Secured Party of recor(j, it must be
accompanied by ('1) a separate written statenlent of assignment signed by the Securee! Party of recoreJ or (2) pursuant to O.C.G.A 1'\ ~9.405(2), a copy of
the assignment instrument cOiltaining an original or photostatic. microphotographic. photographic copy. or optical image reproduction of the signature of
the Secured Party oi record, and (3) the uniform fee ior the l'i1ing of such separate statement or assignment as set forth in O.C.G.A. 15..6-7/. .A. financing
staten18n! rnay be amended by filing a writingj signed by both the Debtor and the Secured Party. except that VJil.~re the anlsnd:nent only changes the
name or address of trie secured party. or the address or the Socia! Security Number or Internal Revenue Service taxpayer Identification number oi Ute
debtor. or corrects oniy typograpnica\ or othor clerical errors set forth in the financing statement: such amen.dment may be tiled without being signed by Hie
debtor: [O.C.G./; 11-9-4Q2i4\]
8. COPIES OF FILING:
a. Remove S13cured Party and Debtor copies. Send tile first two copi{-:s (filing (;ffjcer aneJ acknowiedgment) to the Filing Officer \-Vitll the correct filing fee.
b. The Fning OfHcer wiii return the seclJnd copy ::ts ~{n aGkno\vle(iorn~nt ot the f~ling.
r Pleasf::.inliicat0 the f"l3l'ne and ll)aiHng G.clclr0:3S of tl10 p~rson or firm to \V110m thE; copy is to bs returned in Ih3m 'i2.
9. PERSONS NEEDING .ASSISTANCE shoulcl contact the G~1orgra Superior Court Clerks' Cooperative ,!l.uthority at 1875 Century Blvd., Suite 100. .At!::lnta.
GA 30345. Phone (404) 327.9058 or F!\X (404) :327-7877.
The UCC forms and uccompanying instructions do not r;:olace or change the requirements of Georgia's Unitorm Commercial Code. In addition to referring to I
if1e forms and accDmpanying instruc1iolls as we!! as the rules of tile Authority, all parties should ,it a minimum, consult the appropriate provisions 01 the I
Official Code of Geor~lja Annotated ("O.C.G.A") as well as an attorney lmowledgeable in the requirements of Georgia's Uniform Commercial Code. I
(page 2. of :.:~)
;.I-''J c:::
t-t c",-J
Georgi~ Banl( & Trust
. oi f\Ugusta
CONTRACT
JAN 0 8 20Gl
This Contract is entered into on and as o~~ry 2, 1998,
by and between Augusta, Georgia, by and throughr~~~ugusta-
Richmond County Commission, and the Pollock Company,
This contract is prepared in accordance with the Purchasing
Regulations of Augusta-Richmond County and shall be controlled by
provision thereof.
1. DEFINITIONS
As used in this Contract the terms below are def~ned as
~ollows :
a, "Augusta" shall mean August.a, Georgia, acting by
and through the Augusta-Richmond County
Commission.
b, "using Department" shall mean all departments
listed on 'Attachment "A" attached hereto and
incorporated herein by reference,
c, "Contract Administrator" shall mean the individual
and/or depart~ent assigned to administer this
Contract, to wit: the Augusta-Richmond County
Human Purchasing Department and its Director.
d. "Contractor." shall mean the Pollock Company, whose
authorized representative is steve Baxter, who is
responsible for the performance obligation of the
Contractor'under the Contract,
e, "Commission" shall mean the Augusta-RiChmond
County Commission.
2. TERM; TERMINATION -
a, This Contract shall be Ior an initial term of
three (3) years, beginning January 2, 1998, This Contract may be
renewed for two additional terms of one (1) year each, by the
mutual written consent of the parties, unless earlier terminated,
b, The parties agree that Augusta may terminate this
Contract or any work or delivery required hereunder, from time to
time, either in whole or in part, in accordance with .Sections
1,24 through 1,25,3 of RFP No~97-108,
1
Termination, in wh01e or in part,. shall be effected by
delivery of a Notice of Termination signed by the Mayor, mailed
or delivered to Contractor, and specifically se~ting forth the
effective date of termination,
Upon receipt of such Notice, Contractor shall:
i. Cease any further deliveries or work due
under this Contract, on the date, and to the
extent, which may be specified in the Notice;
ii, Place no further orders with any subcontractors
e~cept as may be necessary to perform ~hat portion
of this Contract not subject to the Notice;
iii. Terminate all'subcontracts except those made with
respect to Contract performance not subject to the
Notice;
iv, Settle all 'outstanding liabilities and claims
which may arise out of such termination, with the
ratification. of the Purchasing Department of
Augusta; and
v, Use its best efforts to mitigate any damages which
may be sustained by him as a consequence of
terwination under this cla~se,
After complying with the provisions of paragraph iii,
above, the Contractor shall submit a termination claim, in no.'
event later than six months after the effective date of
termination, unless an extension is granted by the Director of
Purchasing,
The Director of purchasing, with the approval of the
Commission, shall pay from the Using Department's budget
reasonable costs of termination, including a reasonable amount
for profit on services delivered or completed. In no event shall
this amount be greater than the original contract price, reduced
by any paYments made prior to. Notice of Termination, and further
reduced by the price of the services not delivered, or those
services not provided.
This Contract shall be amended accordingly, and the
Contractor shall be paid the agreed upon amqunt,
In the event, tha,t.: the parties cannot ag-ree on the whole
amount_ to be paid to Contractor' by reason of termination under
this clause, the Director of Purchasing shall pay to.the
Contractor the amounts determined as follows, without duplicating
any amount which may have already been paid under the preceding
paragraph of this clause:
2
i, with respect to all Contract performance prior to
the effecti~e date of Notice of Termination, the
total of:
a. Cost of the work performed;
b, Tpe cost of settling and paying any
reasonable claims as provided in subparagraph
iv above;
c. A sum as profit on (a) determined by the
Director of Purchasing and approved by the
Commission to be fair and reasonable,
ii. The total sum to be paid shall not exceed the
Contract price, as reduced by the amount of
payments otherwise made, and as further reduced by
the 'Contract price of services not terminated,
In the event that Contractor is not satisfied with any
payments which the Directpr of purchasing shall determine to be
due under this clause, th~ Contractor may appeal any claim to the
Commission in accordance with the. "Disputes" clause of this
Contract.
Contractor shall include a provision similar to this
one in any subcontract, and shall specifically include a
requirement that subcontractors make all reasonable efforts to
mitigate damages which may be suffered, Failure to include such
provisions shall bar Contractor from any recovery from Augusta
whatsoever of loss or damage sustained by a subcontractor as a
consequence of termination for convenience,
c. Either party may terminate this Contract, without
further obligation, for the default of the other party or its
agents or employees with respect to any agreement or provision
contained herein.
d. In the event Contractor sells, transfers or
relinquishes, whether involuntarily or voluntarily, its ownership
interest in the corporation; partnership or. proprietorship
identified in this Contract, this Contract shall-terminate in
accordance with Section 1,14 of the RFP.
3. INCORPORATION OF DOCUMENTS
The following documents are hereby incorporated by
reference into this Contract:
a, Contractor's Proposal: copier Management Service
for Augusta-Richmond County, RFP #97-108:
3
b. AugustaJs RFP: RFP No. 97-108, Copier Services,
August 13, 1997 (date),
In the event .of any inconsistency between the
Contractor's Proposal and Augusta's RFP, the terms and conditions
of the RFP shall control,
4. PROVISION OF SERVICES
Contractor hereby agrees to provide to August~ the
services described herein and further outlined in Attachment B,
Scope of Work, The Scope of ,Work shall take precedence, over the
documents ~et forth in Section 3 in the event of inconsistency.
5. CONTRACT AMOUNT
In return for the services identified above, and
subject to the "Non-Appropriation of Funds" clause herein,
Augusta certifies that sufficient funds are budgeted and
appropriated and shall compensate the Contractor a base' monthly a
amount of Twenty-Two Thousand Eight Hundred Thirty-Nine and
68/100 Dollars ($22,839,68), in accordance with the pricing
structure contained in Attachment "C," which is attached hereto
and incorporated herein by reference (the "Pricing Structure") ,
for the 36-month term of this Agreement, contractor shall not
invoice, or receive any payments in excess of this amount, except
pursuant to the provisions of the Pricing Structure and/or
Section 11 herein, Contractor specifically acknowledges and
agrees that it shall not receive payment or reimbursement for
expenses, including those relating to travel, purchase of
supplies or related items, . .
6. METHOD OF .PAYMENT
Contractor shall submit monthly invoices listing the
services performed and completed as outlined in Attachment B,
The invoice should cite the backup itemized charges sep~rately
for service to each cost center, An original summary invoice
shall be sent to: Accounti~g Department, Room 105, 530'Greene
Street, -Augusta, Georgia 30~ll.
Augusta will make payment to cont.ractor within 30 days
of receipt of a correc~ invoice based upon the Pricing Structure,
Payment will be based on unit prices,
7. TIME OF ESSENCE AND COMPLETION
Time shall be of the essence to this Contract, except
where it is herein specifically provided to the contrary,
Contractor shall provide the contract services in
accordance with the schedules set forth in Attachments Band C.
I
4
.
8. KEY PERSONNEL
a, Contractor shall assign to this Contract the
following key personnel:
i, steve Baxter
ii. Diane Inglett
iii, Tammy Williams
b. During the period of performance, Contractor shall
make no substitutes of key personnel unless the substitution is
necessitated by illness, death, or termination of emplOYment.
Contractor shall notify 'the Augusta-Richmond County Director of
Purchasing within five (5) calendar days after the occurrence of
any of these events and provide the following information,
providing a detailed explanation of the circumstances
necessitating the proposed substitutions, complete res~mes for
the proposed substitutes, and any additional information
requested by the Augusta-Richmond County Director of Purchasing,
Proposed substitutes should have comparable qualifications to
those of the persons being replaced, The Augusta-Richmond County
Director of Purchasing will notify the Contractor within fifteen
(15) calendar days after receipt of all required information of
the decision on substitutions, This clause will be modified to
reflect any approved changes of key personnel.
9. INSPECTION AND ACCEPTANCE
.All tasks and reports shall be conducted and completed
in accordance with recognized and customarily accepted industry
practices, and shall be considered complete when the products are
approved as acceptable by the Contract Administrator in writing,
In. the event of rejection of any report or deliverable, .
Contractor shall be notified in writing and shall have ten (10)
working days from date of insurance of notification to correct
the d~ficiencies and re-submit the report/deliverable. .Failure
to submit acceptable work within said ten-day period shall
constitute a breach of this contract for which the Contractor may
be held in default,
10. ASSIGNABILITY OF CONTRACT
Neither this Contract, nor any part hereof, may be
assigned by Contractor to any other party without the piior
express written permission of Augusta,
11. MODIFICATIONS OR CHANGES TO THIS CONTRACT
All modifications and changes to this ~ontract shall be
in writing and signed by bo'thparties.
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The Contract Administrator, with the approval of the
Commission, shall have the authority to order changes in this
Contract which affect the cost or time of performance, Such
chpnges shall be ordered in writing specifically designated to be
a "Change Order." Such change orders shall be limited to
reasonable changes in the services to be provided or the time of
delivery; provided that the Contractor shall not be excused from
performance under the changed Contract by failure to agree to
such changes, and it is the express purpose of this provision to
permit unilateral changes in the Contract now subject to the
conditions and limitations herein.
Contractor need. not perform any work described in any
Change Order unless it has received a written certification from
Augusta that there are funds budgeted and appropriated ~ufficient
to cover the cost of such changes,
Contractor shall make a demand for payment for
completed changed work within thirty (30) days of completion of
Change Order, unless such time period is extended in writing, or
unless the Director of Purchasing requires submission of a cost
proposal prior to the initiation of any changed work or services,
Later notification shall. not bar the honoring of such claim or
demand unless Augusta is prejudiced by such delay.
No claim for 'changes ordered hereunder shall be
considered if made after final payment in accordance with the
Contract.
12. EMPLOYMENT DISCRIMINATION - CONTRACTS OVER $10,000
During the performance of this Contract, Contractor
agrees as follows:
a, Contractor will not discriminate against any
employee or applicant for employment because of
race, reLigion, color, sex, disability, or
national origin,_ except where religion, sex, or
nation origin is a bona fide occupational
qualifiqatioR re~sonably necessary to the normal
operation of Contractor, Contractor agrees to
post, in conspicuous. places, notices setting forth
the provisions of this nondiscrimination clausa~
b, Contractor, in all solicitations or adver'tisements
for employees placed by or on behalf of
Contractor, will state that such Contractor is an
equal opportunity employer,
c, Notices,. advertfsements, and solicitations placed
in accordance with Federal law, rule, or
regulation shall be deemed sufficient for the
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purpose of meeting the requirements of this
section,
Contractor will include the provisions of the foregoing
paragraphs a,b, and c in every subcontract or purchase order
over $10,000 so that the provisions will be binding upon each
subcontractor or vendor.
15. EXAMINATION OF RECORDS
Contractor agrees that Augusta or any duly authorized
representative shall, until the expiration of three (3), years
after final payment he~eunder, have access to and the right to
examine and copy any directly pertinent books, documents, papers,
and records of Contractor involving transactions related to this
Contract,
Contractor further agrees to include in any subcontract
for more than $10,000 entered into as a result of this contract,
a provision to the effect that the subcontractor agrees that
Augusta, or any duly authorized representative, shall, until the
expir.ation of three (3) years after final payment under the
subcontract, have access to and the right to examine and copy any
directly pertinent books, documents, papers, and records of such
Contr~ctor involved in transactions related to such subcontract,
or this Contract, The term subcontract as used herein shall
exclude subcontracts or purchase orders for public utility
services at rates establishedo for uniform applicability to the
general public, '
The period of access provided in the paragrap~s above
for records, books, documents, and papers which may be related to
any arbitration, litigation, or the settlement of claims arising
out of the performance of this contract or any subcontract shall
continue until any appeals, arbitration, litigation, or claims
shalL have been finally disposed of,
16. DISPUTES
Disputes by Contractor with respect to this Contract
shall be decided in the first instance by the Augusta-Richmond
County Director of Purchasing, who shall reduce her decision to
writing. Further appeal shall be made in writing to the
Commission, Decisions by the 'Commission shall be final and
binding unless set aside by a court of competent jurisdiction as
fraudulent, capricious, arbitrary, or so grossly erroneous as
necessarily to imply bad faith, or not be supported by any
evidence, Pending a final determination of a properly appealed
decision of the Director of Purchasing, Contractor shall proceed
diligently with the performance of the Contract in accordance
with that decision,
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_I -I
17. INTEGRATION CLAUSE
..
This Contract, and any and all exhibits thereto, and/or
documents incorporated by reference into this Contract, shall
constitute the whole'agreement between the parties,' There are no
promises, terms, ~ondition,'or obltgations other than those
contained herein, and this Contract shall supersede all' previous
communications, representations, or agreements, written or
verbal, between' the p~rties hereto related to the provision for
Services described herein,
IN WITNESS WHEREOF;' the -- parties have set their hands and
seals as of the date first. written above,
[SEl'.L]
A'l'.,.,....S. 'l' , ~]r//? /7
_-~~;e-
Corporate Secretary .
[SEAL]
4UuO (j. JfrmS i P/LIuCA~J
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, '-'
THE
8
'..
17. INTEGRATION CLAUSE
::.
This.-Contract, and any and all exhibits thereto, and/or
documents incorporated by reference into this Contract, shall
constitute the whole agreement between the parties, There are no
promises, terms, c6nditiort;or obligations other than ~hose
contained herein, and this Contract shall supersede all previous
communications, representations, or agreements, written. or
verbal, 'between the partie~ hereto related to the provision for
Services described herein.
IN WITNESS WHEREOF, the parties have set their hands and
seals as of the date first written above,
A~T~
~: .fJ,i~;k raJ
[SEAL]
~ T'T"l;lS'l" , . '''J~'7.
A _..'~ ;?;-Z;-#;//
_ /1,=::/ t7:;;:;~ <_
Corporate S~cretary
[SEAL]
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4oUa.J~Si ~~J
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,:'''''- \j
THE
By:
8
~ . T" .
~.
CERTIFICATION:
I, Lena J, Bonner, Clerk of Commission, hereby certify that the above contract
is a true and correct copy of the contract between ARC and Pollock Company
approved by Augusta-Richmond County Commission in meeting April 6, 1998,
ffIk/iMe{Mt/!i/
1 rk of mm sion . .