NOTICE OF AWARD:	AGENCY CONTRACT-OPEN

CONTRACT NUMBER:

Award Date:

State of Georgia	AGENCY:	Court of Appeals

Court of Appeals	334 State Judicial Building

General	40 Mitchell Street

Atlanta, Georgia 30334

VENDOR NAME & ADDRESS:
ATTN : Charles Carpenter	G.C.C.
DATEK , Limited	Type of Purchase:
3060 Pharr Court North	Effective Date:
Atlanta, Georgia 30305	Expiration Date:

Buyer Code:

Buyer Name:	Court of Appeals	VENDOR NO:

Telephone:	(404) 656-3450

You are hereby awarded the above Contract for the period indicated above. The Contract includes the invitation to bid. The attached agency Contract terms and conditions and the attached item scheduled:

SPECIAL INSTRUCTIONS: Microfilming to be done in accordance with specifications as outlined in Exhibit A attached hereto and incorporated herein by reference.

VENDOR DATA SHEET

AGENCY CONTRACT-OPEN

1.	Firm: _____________________________________________________________

Address:___________________________________________________________

__________________________________________________________________

2.	Orders to be mailed to:

Firm: _____________________________________________________________

Address:___________________________________________________________

__________________________________________________________________

3.	Payments to be mailed to:

Firm: _____________________________________________________________

Address:___________________________________________________________

__________________________________________________________________

4.	Contract Administrator:

Name:_____________________________________________________________

Title:______________________________________________________________

Address:___________________________________________________________

Telephone:______________________ Toll Free Phone No: (800) _____________

5.	Orders will be shipped within _______days after receipt of Purchase Release Order.

6.	Cash Discount ______________% ___________________days

7.	Payment Terms:	Net 30 days

8.	Initial one:

Bid offer is limited to this Agency only ______________________

Bid offer is available to all State agencies_____________________

Bid offer is available to all State agencies and Political Subdivisions_______

NOTE: ALL EXCEPTIONS to the terms and conditions should be noted on a separate sheet as in accordance to paragraph 7 of the Invitation to Bid, Additional Instructions.

CONTRACT NUMBER:

EFFECTIVE DATE:

EXPIRATION DATE:

STATE OF GEORGIA

OPEN CONTRACT

Agreement made this ______day of _______, 19__, by and between the Court of Appeals of Georgia, hereinafter referred to as the Court, and DATEK , Ltd., hereinafter referred to as Vendor.

WHEREAS, the Court is charged with the responsibility for the establishment of a records retention schedule for Court documents; and

WHEREAS, sealed bids have previously been solicited for the Contract of microfilming certain court documents; and

WHEREAS, the Court has previously determined that the Vendor above named was the lowest responsible bidder (one of the lowest responsible bidders), on such items within the statutory meaning of that term; and

WHEREAS, the Court has determined that the Vendor should continue the microfilming project due to Vendor's estimate of cost, common knowledge of Court's needs and facility of achievement of the Court's purposes;

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, it is agreed as follows:

1.	CERTIFICATION.

The Court does hereby certify the above named Vendor was the lowest responsible bidder for the goods and services requested in the Court's initial request for bid, a copy of which is attached hereto as Exhibit A and incorporated herein by reference.

2.	ORDERS.

Orders shall be placed individually and from time to time by the Court, by the issuance of a Purchase Order referencing the goods and services to be supplied under this Contract. No shipment shall be authorized until such issuance of a Purchase Order.

3.	PAYMENT.

The Court shall pay for the goods and services described in Exhibit E and as set out in Exhibit B and Exhibit D, said copy to be made a part of the completion of the Contract.

4.	PRICE.

The price quoted and listed shall be Thirteen Thousand One Hundred Eighty-Two Dollars and No Cents ($13,182.00) the same being the total of the bid price from the total estimate of costs described in Exhibit B and the bid price and total additional costs described in Exhibit D, and shall be firm throughout the term of this Contract.

5.	TERM.

The term of Contract shall be from beginning date of its signing by both parties and shall extend until such time as is reasonably necessary to complete the project, but in no event shall it extend beyond June 30, 1998.

6.	DELIVERY.

Vendor shall be responsible for picking up the records to be microfilmed and returning the records to be microfilmed and for delivery of the finished microfilm, duplicates, reader printers and other items described in Exhibit B, Exhibit D and Exhibit E.

7.	FREIGHT.

Any freight charges shall be the responsibility of the Vendor.

8.	RENEWAL.

There shall be no renewal of this Contract, except under the express agreement and written consent of the parties.

9.	EXTENSION.

In the event this Contract shall terminate or be likely to terminate prior to the completion, the parties, with the written consent of the Vendor and the Court extend this Contract for such prior as may be necessary to afford the parties a reasonable opportunity to complete the Contract.

10.	NON-EXCLUSIVE CONTRACT.

This Contract is entered into solely for the convenience of the Court of Appeals of the State of Georgia, and it in no way precludes the Court from obtaining like goods and services from other vendors. Prior approval of the Vendor is not required.

11.	QUANTITIES.

Quantities shall be as estimated in Exhibit B, Exhibit D and Exhibit E.

12.	COMPLIANCE WITH STATUES.

The Vendor shall comply with all laws, ordinances, rules and regulations of any governmental entity pertaining to the delivery of goods and services to the Court pursuant to this Contract.

13.	APPLICABLE LAW.

This Contract shall be governed in all respects by the laws of the State of Georgia.

14.	TRADING WITH STATE EMPLOYEES.

This Contract does not and will not violate the provisions of the Official Code of Georgia Annotated §45-10-20 et seq.

15.	TITLE AND RISK OF LOSS.

Title to any of the items ordered and liability for risk of loss shall remain with the Vendor until delivery to and acceptance by the Court.

16.	ADDITIONAL TERMS.

Neither the State nor the Court shall be bound by any terms and conditions included in any Vendor packaging, invoice, catalog, brochure, technical data sheet, or other document which attempts to impose any condition in variance with or in addition to the terms and conditions contained herein.

17.	ASSIGNMENT AND DELEGATION.

This Contract or any performance required by it shall not be assigned or delegated in whole or in part without the express written consent of the Court.

18.	WAIVER.

The waiver by the Court or the breach of any provision contained in this Contract shall not be deemed to be a waiver of such provision on any subsequent breach of the same or any other provision contained in the Contract. No such waiver or waivers shall serve to establish a course of performance between the parties in contradiction to the terms hereof.

19.	STANDARDS AND SPECIAL CONDITIONS.

Standards and special conditions are attached hereto as Exhibit C and incorporated herein by reference.

20.	ENTIRE AGREEMENT.

This Contract, as executed and approved, shall constitute the entire agreement between the parties, and no change in or modification of this Contract shall be binding upon the State or the Court unless the change or modification shall be in writing, consented to and approved by the Court.

CONTRACT NUMBER:

IN WITNESS WHEREOF, the parties have executed this Contract on the date first written above.

DATEK , Limited

Vendor

Vendor Signature

Charles J. Carpenter

William L. Martin, III

Clerk and Court Administrator

Court of Appeals of Georgia

REQUISITION NUMBER:

COURT OF APPEALS OF GEORGIA

SPECIAL TERMS AND CONDITIONS

Special terms and conditions are attached hereto incorporated herein by reference as Exhibit C.

Exhibit C:	Court of Appeals of Georgia Microfilm Contract Specifications for DATEK , Limited.

VOLUME AND RECORD DESCRIPTION

The estimated volume of records is 250,000 documents. The information to be microfilmed is the file folder contents, which contain documents generated in the Court of Appeals of Georgia for direct appeals in docket years .

FILM APPLICATION SPECIFICATIONS AND REQUIREMENTS

Documents are to be filmed by Vendor at Vendor's premises at 24x reduction. Film type used must be two silver halide emulsion on a polyester base, and three diazo duplicate rolls on open spools required for each Direct Appeal docket year. Microfilm produced must conform to the Micrographic Standards as approved by the State Records Committee and as published by the Georgia Department of Archives and History which include: film density .9 to 1.2, and residual less than 1.4 micrograms/CM of sodium thiosulphate.

The Court will remove duplicious material from the file folders. The Vendor shall remove all paper clips and staples. The Vendor will microfilm the case record as is, no document preparation is required. The Vendor will begin each roll of film with a series title page and resolution target and end each roll with a certificate of authenticity. The Vendor will prepare an index label for each roll of film produced, which consists of the beginning and ending case numbers, roll number and date of filming each roll.

The Vendor will provide a miscellaneous roll to fill in any files which are missing at the time of microfilming.

VENDOR INSPECTION, TESTING AND VERIFICATION RESPONSIBILITY

The Vendor will inspect all microfilm images produced to insure image legibility, readability, integrity and image count correctness. Microfilm images must contain all of the recorded information shown on the original document, free of obstructions, shadows or glare which impair the legibility of the document. All film to be inspected and tested in accordance with the quality standards specified in the Micrographic Standards as approved the State Record Committee as published by the Georgia Department of Archives and History. The Vendor will re-microfilm any film rolls which are not legible or do not meet quality standards at no additional costs to the Court. The Vendor will verify, in writing to the Court, that all inspections and testing have been accomplished and that film provided meets all expectations outlined in these specifications.