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Home My WebLink AboutWalton Foods Inc. d/b/a Gurleys Supermarket DOCUMENT NAME: DOCUMENT TYPE: YEAR: ) q q(j) BOX NUMBER: ) FILE NUMBER: NUMBER OF PAGES: Augusta Richmond GA kJo-L-\-oo Food <0, InC. d/b/tIt C,L>Y'\~~ ';U \k-r~",.d::d"" Q ~ 'lee.. ("\Qi/\ + ) I-lotS G , i SUBSTATION AGREEMENT THIS SUBSTATION AGREEMENT (th is made and entered into this 1 day of 1996, by and between Walton Foods, Inc" d/b/a Gurley Supermarket #8678, 1931 Walton Way Augusta, Georgia 30901 (hereinafter "Substation") 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 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 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 adjustments 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, 1 . 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 stubsj 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 COLLECTIONSj 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. 2 ';' 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 their 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 abover 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 3 ... ~. 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. 4 ~ . j . 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. T)ou3 lru rlev' BY:' I TITLE: PreSi denj ~ d/~1t7 ATTEST, df1d)1~ erk 5