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HomeMy WebLinkAboutPHOTOGRAPHY SERVICES AGREEMENT BETWEEN TED AND GLADYS' SONS DBA PHOTOGRAPHY SERVICESPHOTOGRAPHY SERVICES AGREEMENT PRODUCTS EMPLOYEES ▪ 5 3L 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- Page 2 of 8 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. Page 3 of 8 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. Page 4 of 8 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 Page 5 of 8 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. Page 6 of 8 [SIGNATURES ON FOLLOWING PAGE] Page 7 of 8 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