HomeMy WebLinkAboutGurleys Supermarket
Augusta Richmond GA
DOCUMENT NAME: GUy I L:J S SU~ fY'-.a.x--k-'-
DOCUMENT TYPE: 09 ve.e(l1V1..+
YEAR: 1 q 0 (j)
BOX NUMBER:
FILE NUMBER: })lo ~lo
NUMBER OF PAGES:
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SUBSTATION AGREEMENT
THIS SUBSTATION AGREEMENT (the is made and
entered into this 7 day of , 1996, by and
between Steve Gurley, Gurleys Supermarket 8671, 843 Laney Walker
Boulevard, Augusta, Georgia 30901 (hereinafter "$ubstation") and
Augusta-Richmond County, by and through the Augusta-Richmond County
Commission-Council (hereinafter "Commission-Council")
WIT N E SSE T H:
WHEREAS, Substation desires to provide collection services for
Augusta-Richmond County water billings (the "Bills") to the
Commission-Council and the Commission-Council desires to obtain
said services from Substation.
NOW, THEREFORE, for and ln 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.
1.2 The Substation shall stamp each Bill for which
payment is made with a stamp provided by the Commission-Council.
1.3 The Substation shall not make any adjustments to any
Bills for which payment is received. The Substation shall refer
any requests for apjustments to the office of the Director of
Consolidated Revenues.
1.4 The Substation shall
payable to Augusta-Richmond County.
refund any monies to any customer.
process only checks made
The Substation shall not
1.5 The Substation shall make no charge to customers
paying Bills through the Substation.
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2. COLLECTION PROCEDURES.
2.1 The Commission-Council shall accept payments in the
form of checks only. In the event Substation accepts cash payments
for Bills, the Substation shall deliver all such payments to the
Commission-Council in the form of a check on the Substation's
account.
2.2 All payments for the preceding day shall be
collected by the Commission-Council on the following morning. The
Commission-Council shall issue receipts to the Substation on a
daily basis which document the amounts collected by the Commission-
Council 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 the Commission-Council to the
Substation described in Section 3 below. For purposes of this
section, "mishandling" includes, but is not limited, to: loss of
payment stubs; late turnover of payment stubs to the Commission-
Council; incorrect stamping or processing of payment stubs.
3. PAYMENT TO SUBSTATION BY COMMISSION-COUNCIL.
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 the Commission-Council in a monthly report prepared
from the daily receipts issued to the Substation, and shall include
any deductions required under 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
Commission-Council collections strictly separated from the
Substation's own funds. The Substation shall secure the
Commission-Council collections against loss. The Substation is
strictly liable to the Commission-Council for any collections which
are stolen, destroyed or otherwise lost while in the Substation's
possession.
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5. ACCESS TO LOCATION AND RECORDS.
The Substation shall allow any authorized agent of the
Commission-Council 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 the Commission-Council is
the property of the Commission-Council. 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 Agreement for th8ir personal
benefit or for any other purpose not contemplated by this
Agreement.
7. PUBLICITY.
In order to notify the public that Bills may be paid at the
Substation, the Commission-Council may use the Substation's name on
its billing forms, in newspaper advertising, on signs or notices,
or in other forms of publicity. Further, the Commission-Council
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; provided,
however, that the Commission-Council 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 of the Substation and are not employees of the
Commission-Council. Neither the Substation nor any of its
employees shall be deemed to be employees of the Commission-Council
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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 Agreement shall be effective from
, 1996 through December 31, 1996, and
shall be automatically renewed under the same 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 The Commission-Council shall have the right to
immediately terminate this Agreement should the Substation's
performance under this Agreement, in the sole discretion of the
Commission-Council, be deemed unsatisfactory for any reason or in
any way. Notice of termination shall be given by the Commission-
Council in writing and shall be effective immediately upon delivery
to the location of the Substation set out above.
10.3 The Substation shall have the right to terminate
this Agreement upon 60 days' written notice to the Commission-
Council at the following address:
Mayor Larry E. Sconyers
8th Floor, City-County Bldg. (11)
Augusta, GA 30911
10.4 Upon termination of this Agreement by either party,
the Substation shall, within two (2) days, return to the
Commission-Council all collections, records, receipts and other
property of the Commission-Council 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.
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11.2 This Agreement shall be governed by the laws of the
State of 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 Agreement
must be in writing and signed by both parties hereto.
11.5 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.
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TITLE: 0 (.f./ /V e/2-
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