HomeMy WebLinkAboutGang S. Kim D/B/A Laney Supermarket
Augusta Richmond GA
DOCUMENT NAME: Gk..1:Y3' tll'Y\ d I b / c>- kno.t ~~e! \'y'orK-e..-t
DOCUMENT TYPE: ~ -cexnei~
YEAR: 02
BOX NUMBER: 17
FILE NUMBER: l (s; 517
NUMBER OF PAGES: 14
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STATE OF GEORGIA )
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COUNTY OF RICHMOND )
SUBSTATION AGREEMENT
THIS SUBSTATION AGREEMENT (the "Agreement") is made and entered into this
..'5 M day of D,€..c , 2002, by and between GANG S. KIM d/b/a LANEY
SUPERMARKET, 840 Laney':'Walker Blvd., Augusta, Georgia 30901 (hereinafter "Substation")
and AUGUST A, GEORGIA, a political subdivision of the State of Georgia (hereinafter
"Augusta").
WITNESSETH:
WHEREAS, Substation desires to provide collection services for Augusta water billings
, (the "Bill~") and Augusta desires to obtain saidps~rvices from Substation.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
below, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto, intending to be legally bound, do hereby agree as
follows:
1. DUTIES AND RESPONSIBILITIES OF SUBSTATION.
1.1 The Substation shall not accept payments for Bills, which have an overdue
, balance; only Bills with a current balance may be paid at the Substation. D
1.2 The Substation shall stamp each Bill for which payment is made with a
stamp provided by Augusta.
1.3 The Substation shall not make any adjustments to any Bills for which
payment is received. The Substation shall refer any requests for adjustments to the office
of the Director of Consolidated Revenues. '
1:4' The Substation shall process only checks made pay~ble to Augusta. The
Substation shall not refund any monies to any customer.
1.5 The Substation shall make no charge to customers paying Bills through the
Substation.
2. COLLECTION PROCEDURES.
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2.1 Augusta shall accept payments in the form of checks only. Inthe event
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Substation accepts cash payments for Bills, the Substation shall deliver all such payments
to Augusta in the foml of a check on the Substation's account.
2.2 All payments for the preceding day shall be collected by Augusta on the
following morning. Augusta shall issue receipts to the Substation on a daily basis, which
document the amounts collected byAugusta from the Substation for the preceding day.
2.3 Any late fees assessed due to mishandling by the Substation shall either be
paid by the Substation upon demand or shall be deducted from the payment by Augusta to
the Substation described in Section 3 below. For purposes ofthis section, "mishandling"
includes, but is not limited, to: loss of payment stubs; late turnover of payment stubs to
Augusta; incorrect stamping or processing of payment stubs.
3. PAYMENT TO SUBSTATION BY COMMISSION.
The Substation shall be paid the amount of $0.25 per Bill collected. This amount shall be
paid to Substation on a monthly basis for the month immediately preceding. This amount shall
be calculated by Augusta in a monthly report prepared from the daily receipts issued to the
, Substation, and shall include any deductions:required ~nder this Agreement.
4. SECURITY OF COLLECTIONS; LIABILITY OF SUBSTATION.,
The Substation shall be responsible for all collections it receives under this Agreement
during the time the Substation has such collections in its possession. The Substation shall keep
Augusta collections strictly separated from the Substation's own funds. The Substation shall
secure Augusta collections against loss. The Substation is strictly liable to Augusta for any
collections which are stolen, destroyed or otherwise lost while in the Substation's possession.
5. ACCESS TO LOCATION AND RECORDS.
The Substation shall allow any authorized agent of Augusta to inspect its location where
collections under this Agreement are carried out, and any records, receipts or documents
maintained by it in connection with this Agreement at any time during the term of this
Agreement. Such inspections shall only occur during regular business hours of the Substation.
6. CONFIDENTIALITY.
All customer account information of Augusta is the property of Augusta. Neither the
Substation nor any of its employees shall divulge to any third party any information received as a
result of the collections performed under this Agreement. The Substation, its officers, directors,
agents, representatives and employees are prohibited from using any information obtained by
virtue of this Agreem.ent for their personal benefit or for any other purpose not contemplated by
this Agreement.
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7. PUBLICITY.
In order to notify the public that Bills may be paid at the Substation, Augusta may use the
Substation's name on its billing forms, in newspaper advertising, on signs or notices, or in other
forms of publicity. Further, Augusta'may require Substation to post appropriate signs at its
location noted above, which signs show the Substation's status as a collector of the Bills.
8. COSTS AND EXPENSES.
The Substation is responsible for all of its costs associated with entering into and
performing this Agreement; provide9,.however, that Augusta shall pay all necessary expenses for
transmitting reports, records and/or payment under this Agreement.
9. INDEPENDENT CONTRACTOR STATUS.
All those employed by the Substation to perform the services outlined in this Agreement
on behalf of Substation shall be employees ofthe Substation and are not employees of Augusta.
Neither the Substation nor any of its empl,?yees shall be deemed to be employees of Augusta for
any purpose whatsoever, but shall be acting at all times as independent contractors responsible
only to the Substation.
10. TERM AND TERMINATION.
10.1 This Agreementshall be effective from _De~en1bfr {lJ'f , 2002
through December 31,2003, and shall be automatically renewed under the s,ame terms
and conditions from year to year thereafter unless either party shall notify the other in
writing of its desire to terminate said agreement within 30 days of the initial term or any
annual renewal thereof.
10.2 Augusta shall have the right to immediately terminate this Agreement
should the Substation's performance under this Agreement, in the sole discretion of
Augusta, be deemed unsatisfactory for any reason or in any way. Notice, of termination
shall be given by Augusta in wriiingand shall be effective immediately upon ddivery to
the location of the Substation set.outabove.
10.3 The Substation shall have the right to terminate this Agreement upon 60
days' written notice to Augusta at the following address:
George Kolb
City Administrator
'530 Greene Street
Augusta, Georgia 30911
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10.4 Upon termination of this Agreement by either party, the Substation shall,
within two (2) days, return to Augusta all collections, records, receipts and other property
of Augusta held in its possession.
11. MISCELLANEOUS PROVISIONS.
11.1 This Agreement is the entire agreement between the parties and any
previous terms, conditions or agreements between the parties, whether oral or written, are
superseded by and merge into this Agreement.
11.2 This Agreement shall be interpreted according to the laws of the State of
Georgia. The parties through the execution of this agreement, speyifically consent to the
jurisdiction and venue of Richmond County Georgia, and waive any right to contest the
jurisdiction and venue in the Superior Court of Richmond County, Georgia.
11.3 Each party represents that it has received the necessary authorization to
enter into and perform this Agreement.
11.4 Any modifications or amendments to this Agreementmust be in writing
and signed by both parties hereto.
11.5 If any section, subsection, or provision of this Agreement is found to be
void or unenforceable it shall be severed leaving the remaining in full force and effect.
11.6 This Agreement may not be assigned without the prior written consent of
Augusta-Richmond County. Any change in the ownership of the Substation shall be
deemed an assignment of this Agreement requiring such consent.
WHEREFORE, the parties hereto have set their hands and seals as of the date first above
written. ' -
GANG S. KIM d/b/a! LANEY SUPERMARKET
BY~~
ang S. Kim
~B'Y:
ATTEST: ~~/CJ
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