HomeMy WebLinkAboutOne Stop Convenience Store
Augusta Richmond GA
DOCUMENT NAME: ~ S\b;> UStVeD \~ S-\O'((J
DOCUMENT TYPE: OC6'<'eeffief1-t-
YEAR: q 1$
BOX NUMBER: Dl.\
FILE NUMBER: \'6Sllsl
NUMBER OF PAGES:
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SUBSTATION AGREEMENT
THIS SUBSTATION AGREEMENT (th7n"Agreement") is made and
entered into this 3-. day of ~t')(/ , 1998, by and
between Larry Olinger d/b/a One stop Convenience Store, 2382
Barton Chapel Road, Augusta, Georgia 30906 (hereinafter
"Substation") and Augusta, Georgia (hereinafter "Augusta").
WIT N E SSE T H:
WHEREAS, Substation desires to provide collection services
for Augusta water billings (the "Bills") and Augusta desires to
obtain said services 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.
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
payable 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.
checks
Bills,
in the
2.1 Augusta shall accept payments in the form of
only. In the event Substation accepts cash payments for
the Substation shall deliver all such payments to Augusta
form of a check on the Substation's account.
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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 by Augusta 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 of this 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-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 Augusta 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
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 Agreement for their personal benefit or for any
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other purpose not contemplated by this Agreement.
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;
provided, 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 of the Substation and are not employees of Augusta.
Neither the Substation nor any of its employees 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 Agreement shall be effective from
~~~Af ~ , 1998 through December 31, 1998, 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 Augusta shall have the right to immediately
terminate this Agreement ,should the Substatton'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 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 Augusta at the
following address:
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Mayor Larry E. Sconyers
Eighth Floor, City-County Building (11)
Augusta, Georgia 30911
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 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.
LARRY OLINGER D/B/A ONE STOP
NIENCE STOR
4-0
linger
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