HomeMy WebLinkAboutPHOTOGRAPHY SERVICES AGREEMENT BETWEEN TED AND GLADYS' SONS DBA PHOTOGRAPHY SERVICESPHOTOGRAPHY SERVICES AGREEMENT
PRODUCTS
EMPLOYEES
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by and between 74_40 o.J Ptays Sons' d44 Sparfay "x 4 1
Augusta, Georgia acting through the Augusta Recreation, Parks and Facilities Department.
This agreement is made and entered into this .28' day of Fderuary , 2013
and
The Augusta Recreation, Parks and Facilities Department has identified a need to
contract the Photography Services at organized events to an outside vendor at the following
locations:
• Fleming Athletic Complex,
• Eisenhower Park, May Park, and
• Diamond Lakes Regional Park to include the Youth Athletic Complex and the Adult
Athletic Complex. Other locations may be added as authorized by the Augusta
Recreation, Parks and Facilities Department.
The contract will be entered into for a period of one (1) year with an option for renewal
for one (1) additional year. The contract will be in effect from April 1 2013 until March 31
2014.
Vendor has acknowledged and understands the following conditions of the Photography
Services Agreement.
All items for resale are the responsibility of the vendor. The Augusta Recreation, Parks and
Facilities Department assumes no liability associated with the sale of photography products
produced.
After the initial product list has been established, any changes in product or pricing must be
submitted in writing to the Augusta Recreation, Parks and Facilities Department for written
approval.
The Augusta Recreation, Parks and Facilities Department requires that all photography
services employees be professional, polite, courteous, and dressed appropriately at all times.
The Augusta Recreation, Parks and Facilities Department requires a minimum of two (2)
employees at each location at all times.
INDEPENDENT CONTRACTOR: The Vendor shall perform the services under this
Agreement as an independent contractor and nothing contained herein shall be construed to
be inconsistent with this relationship or status. Nothing in this Agreement shall be interpreted
or construed to constitute the Vendor or any of its agents or employees to be the agent,
employee, or representative of Augusta, Georgia.
REQUIREMENTS
The following services are required to be delivered by the photography services provider:
• All photography products offered to consumers must be produced in color.
• Photographer must provide order forms to the recreation department for
distribution to participants for each sport in advance of each scheduled picture day.
• Photographer must provide one (1) photo plaque (8 "x 8" plaque with 5 "x 7" photo)
for each sponsored team. The name plate must include the Augusta Recreation,
Parks and Facilities Department, the sponsor name, and the current year. Sponsor
plaques must be delivered to the recreation department for distribution.
• Photographer must provide a team photo certificate of appreciation for each head
coach participating in the youth athletic programs. Team Picture Certificates must
be delivered to recreation department for distribution.
• All photographs must be paid for by the buyer on the scheduled picture day.
Purchased photographs must be individually packaged and delivered to the buyer no
later than fourteen (14) days after schedule picture day. Photographer must submit
price of packages offered to participants and must include sales tax and cost of
mailing if applicable.
• Photographer must handle all customer service and complaint issues and schedule
any retakes in a timely manner if product is substandard.
• Photographer must provide sufficient personnel at each picture day location to
handle questions, payments, and photography services.
• Photographer must have Business License, State of Georgia Sales Tax Number,
E- Verify Number and Federal Tax Number.
• Defective pricing: To the extent that the pricing provided by CONSULTANT is
erroneous and defective, the parties may, by agreement, correct pricing errors to
reflect the intent of the parties.
PAYMENTS
The contracted photographer will be responsible for a fee total of Two - Thousand, Five Hundred
Dollars ($2,500) each year of the Photography Services Agreement. All fees are to be made
payable to the Augusta Recreation, Parks and Facilities Department. The first payment of One-
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Thousand, Two - Hundred and Fifty Dollars ($1,250) will be due within thirty (30) days of the
acceptance date of the contract. The remaining amount of One- Thousand, Two - Hundred and
Fifty Dollars ($1,250) will be due prior to September 1 of the contract year.
TERM
The term of the agreement for photography services will be entered into for a period of one (1)
year with an option for renewal for one (1) additional year. The final decision determining the
continuation or cancellation shall be that of the Director of the Recreation, Parks and Facilities
Department based upon evaluation of the photography services provided.
The Director of the Recreation, Parks and Facilities Department shall make the final decision
determining the continuation or cancellation of this agreement; such determination shall be
based upon evaluation of the photography services provided.
Insurance requirements
The Vendor shall, at all times that this Agreement is in effect, cause to be maintained in force
and effect an insurance policy(s) that will ensure and indemnify Augusta, Georgia against
liability or financial loss resulting from injuries occurring to persons or property or occurring as
a result of any negligent error, act, or omission of the CONSULTANT in performance of the work
during the term of this Agreement.
The Vendor shall provide, at all times that this agreement is in effect, Worker's Compensation
insurance in accordance with the laws of the State of Georgia.
The Vendor shall provide, at all times that this Agreement is in effect, Insurance with limits of
not less than:
A. Workmen's Compensation Insurance — in accordance with the laws of the State of Georgia.
B. Public Liability Insurance — in an amount of not less that One Million ($1,000,000) Dollars for
injuries, including those resulting in death to any one person, and in an amount of not less
than One Million ($1,000,000) Dollars on account of any one occurrence.
C. Property Damage Insurance — in an amount of not less than One Million ($1,000,000)
Dollars from damages on account of an occurrence, with an aggregate limit of One Million
($1,000,000) Dollars.
D. Valuable Papers Insurance — in an amount sufficient to assure the restoration of any plans,
drawings, field notes, or other similar data relating to the work covered by the Project.
E. Professional Liability Insurance — in an amount of not less than One Million ($1,000,000)
Dollars or an amount that correlates to the aggregate fee on the project should it exceed
$1,000,000.
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Augusta, Georgia will be named as an additional insured with respect to Vendor's liabilities
hereunder in insurance coverage's identified in items (b) and (c).
The policies shall be written by a responsible company(s), to be approved by Augusta, Georgia,
and shall be noncancellable except on thirty (30) days' written notice to Augusta, Georgia. Such
policies shall name Augusta, Georgia as co- insured, except for worker's compensation and
professional liability policies, and a copy of such policy or a certificate of insurance shall be filed
with the Director at the time of the execution of this Agreement.
RIGHT TO INSPECT PREMISES.
Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or
work site of Vendor or any subcontractor of Vendor or subunit thereof which is pertinent to the
performance of any contract awarded or to be awarded by Augusta, Georgia.
EVALUATION
The Augusta Recreation, Parks and Facilities Department will conduct evaluations at the mid-
point of each season and at the conclusion of each season. Either party reserves the right to
terminate the contract if needed with a minimum of a sixty (60) day written notice. Augusta,
Georgia may terminate this contract in part or in whole upon written notice to the Vendor. The
Vendor shall be paid for any validated services under this Contract up to the time of
termination.
TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT.
To the extent that it does not alter the scope of this agreement, Augusta, Georgia may
unilaterally order a temporary stopping of the work, or delaying of the work to be performed by
Vendor under this agreement.
SPECIFIED EXCUSES FOR DELAY OR NON - PERFORMANCE.
Vendor is not responsible for delay in performance caused by hurricanes, tornadoes, floods,
and other severe and unexpected acts of nature. In any such event, the contract price and
schedule shall be equitably adjusted.
TERMINATION OF THE AGREEMENT FOR DEFAULT
Failure of the Vendor, which has not been remedied or waived, to perform or otherwise comply
with a material condition of the Agreement shall constitute default. Augusta, Georgia may
terminate this contract is part or in whole upon written notice to the Vendor pursuant to this
term.
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HOLD HARMLESS
Except as otherwise provided in this agreement, Vendor shall indemnify and hold harmless
Augusta, GA, and its employees and agents from and against all liabilities, claims, suits,
demands, damages, losses, and expenses, including attorneys' fees, arising out of or resulting
from the performance of its Work.
PROHIBITION AGAINST CONTINGENT FEES
The Vendor warrants that no person or selling agency has been employed or retained to solicit
or secure this Agreement upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by Vendor for the purpose of securing business and
that the Vendor has not received any non - Augusta, Georgia fee related to this Agreement
without the prior written consent of Augusta, Georgia. For breach or violation of this warranty,
Augusta, Georgia shall have the right to annul this Agreement without liability or at its
discretion to deduct from the Agreement Price of consideration the full amount of such
commission, percentage, brokerage or contingent fee.
VENUE and JURISDICTION
The law of the State of Georgia shall govern the CONTRACT between Augusta, Georgia and
Vendor with regard to its interpretation and performance, and any other claims related to this
agreement.
All claims, disputes and other matters in question between Augusta, Georgia and Vendor arising
out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior
Court of Richmond County, Georgia. The Vendor, by executing this Agreement, specifically
consents to jurisdiction and venue in Richmond County and waives any right to contest the
jurisdiction and venue in the Superior Court of Richmond County, Georgia.
POINT OF CONTACT
Bobby Martin, Athletic Manager
Augusta Recreation, Parks and Facilities Dept.
(706) 796 -5025 / (706) 836 -7560
5
Michael Blumbeg
Ted & Glady$ Inc. dba Sportography
(770) 682 -5577 / (678) 570 -2537
ACKNOWLEDGEMENT
ac
Steven Clark
Ted & Glady,% Sons Inc.
(770) 682 -5577
"Contractor acknowledges that this contract and any changes to it by amendment, modification, change order
or other similar document may have required or may require the legislative authorization of the Board of
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Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge
concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's
provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification,
change order or other similar document, including the possibility that the Contractor may be precluded from
recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides
goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or
if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized
goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment
for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non - payment for
the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or
to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however
characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a
mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing
contracts
All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical
performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A.
§ 13- 10 -91, stating affirmatively that the individual, firm, or corporation which is contracting with
Augusta, Georgia has registered with and is participating in a federal work authorization program. All
contractors and subcontractors must provide their E- Verify number and must be in compliance with the
electronic verification of work authorized programs operated by the United States Department of
Homeland Security or any equivalent federal work authorization program operated by the United States
Department of Homeland Security to verify information of newly hired employees, pursuant to the
Immigration Reform and Control Act of 1986 (IRCA), P.L. 99 -603, in accordance with the applicability
provisions and deadlines established in O.C.G.A. § 13 -10 -91 and shall continue to use the federal
authorization program throughout the contract term. All contractors shall further agree that, should it
employ or contract with any subcontractor(s) in connection with the physical performance of services
pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s)
each subcontractor's E- Verify number as evidence of verification of compliance with O.C.G.A. § 13 -10 -91
on the subcontractor affidavit provided in Rule 300- 10- 01 -.08 or a substantially similar form. All
contractors shall further agree to maintain records of such compliance and provide a copy of each such
verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical
services
Local Small Business Language:
In accordance with Chapter 10B of the Augusta, GA. Code, Contractors agree to collect and maintain all records
necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program
and to make such records available to Augusta, Georgia upon request. The requirements of the Local Small
Business Opportunity Program can be found at www.auqustaga.gov. In accordance with AUGUSTA, GA. CODE,
Contractors shall report to Augusta, Georgia the total dollars paid to each subcontractor, vendor, or other
business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors, if
any, as required by Augusta, Georgia. Such utilization reports shall be in the format specified by the Director of
Minority and Small Business Opportunities, and shall be submitted at such times as required by Augusta,
Georgia. Required forms can be found at www.augustaga.gov. If you need assistance completing a form or
filing information, please contact the Local Small Business Opportunity Program Office at (706)821 -2406. Failure
to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to
exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor
and /or collecting liquidated damages.
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[SIGNATURES ON FOLLOWING PAGE]
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99!(70
Business License #
Ted & Glady's Sons Inc. dba Sportography Date
Augusta ' ecreation, Parks an acilities Department Dat
Mayor of Augusta, Georgia
(I 4 6 4
Date
z9 Y)6/04.4 , -/ ,
Attests' Cle oftornm ss iofl Date