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HomeMy WebLinkAboutProfessional Services Contract Agreement Augusta Richmond GA DOCUMENT NAME: 'PIZO~E-<;;S/ONAt- Se;R\!ICe;S C-o",-r-eACr ~ ')tW6M6dJJ DOCUMENT TYPE: tl9 R.~G fYJ 00T YEAR: BOX NUMBER: ~ FILE NUMBER: I Y ?- S- -3 NUMBER OF PAGES: q .. . ..... ..... PROFESSIONAL SERVICES CONTRACT AGREEMENT WHEREAS, Augusta, Georgia (hereinafter the "City") desires to improve the physical quality of community life; and WHEREAS, the problem of proper solid waste handling is an increasing dilemma to Augusta, Georgia; and WHEREAS, the Augusta-Richmond County Commission recognizes the need for educating its citizens with respect to alternatives for proper solid waste management; the need for programs within the community to aid in sustained reduction of litter; the need for monitoring litter accumulation and waste reduction in the City; the need for educating citizens of ordinances related to the handling of litter; and WHEREAS, Augusta/Richmond Clean & Beautiful, Inc., is a nonprofit community services organization (hereinafter "Augusta/Richmond Clean & Beautiful") chartered to promote public interest in the general improvement of the City's environment; to initiate, plan, direct and coordinate programs for litter control for the community on a sustainable basis; to study, investigate and develop plans for improving the cleanliness of the City by beautifying the streets, highways, alleys, river, canal, stream banks, lots, yards and other similar places in the City; to encourage the placing, planting and preservation of trees, flowers, plants, shrubbery and other objects or ornamentation in " '';;;'. ". '. the City; to advise and recommend plans to the Augusta-Richmond County Commission, other agencies of the City, as well as the private sector, to promote public interest in the general improvement of the City; and WHEREAS, Augusta/Richmond Clean & Beautiful shall employ a full-time Director (the IIDirectorll) and desires for the City to pay the Director and provide an automobile allowance and optional health insurance benefits therefor as well as paying withholding tax, FICA taxes and other similar items; and WHEREAS, the City is willing to undertake these obligations on behalf of Augusta/Richmond Clean & Beautiful; NOW, THEREFORE, in consideration of the following mutual promises, covenants, and conditions, the City and Augusta/Richmond Clean & Beautiful agree as follows: 1. The term of this Agreement is one year to begin January 1, 1999 through December 31, 1999. 2. As a means of providing the following enumerated services and programs, the City shall provide Thirty-Five Thousand Dollars ($35,000.00) in Eight Thousand Seven Hundred Fifty Dollar ($8,750.00) increments paid quarterly with the first payment being made on or before January 15, 1999, to Augusta/Richmond Clean & Beautiful, and in consideration thereof Augusta/Richmond Clean & Beautiful shall utilize, reasonably and 2 .... in good faith, those funds to develop, to sustain, to assist in and to deliver to the citizens of the City programs and services related to improving litter control; solid waste handling; beautification of the City's natural environment; and sanitation and safety in the City, said services to include specifically the following: A. Study and provide ongoing public input and advice to the City on solid waste management issues; B. Promote and provide assistance with the ADOPT-A- STREAM program to improve water quality; C. Provide and administer a continuous information and education program to City citizens about litter control, recycling, and beautification of the environment; D. Receive and coordinate on following through with enforcement agencies on complaints regarding illegal dumping and littering; E. Receive and coordinate on following through with enforcement agencies on complaints regarding requests for roadside cleanup and illegal dump eradication; F. Provide assistance to the City's Public Works Department by providing information regarding placement of signs deterring dumping; 3 ...... .~ G. Develop, initiate, promote and administer programs for recycling and waste reduction with the City; H. Provide assistance to the City regarding in-house recycling and waste reduction programs; I. Administer and coordinate the ADOPT-A-MILE program; J. Administer and coordinate the ADOPT-A-HIGHWAY program; K. Procure in-kind donations of volunteer labor, goods and services for various projects such as: SPRING INTO LITTER, FALL INTO LITTER, ADOPT-A-MILE, ADOPT-A-HIGHWAY. L. Provide information to Augusta citizens upon request regarding sanitation services, landfills, and waste reduction/recycling services; M. Maintain a library of informational materials including videos, slides, periodicals and written reports about beneficial solid waste management practices. The City Administrator shall be notified prior to Augusta/Richmond Clean & Beautiful undertaking services provided under this Agreement. All programs must be approved prior to implementation by Augusta/Richmond Clean & Beautiful. Such programs include but are not limited to: 4 ~ . . A. Educational activities; B. Adopt-A-Highway; C. Adopt-A-Stream; and D. Recycling Activities. 3. (a) Augusta/Richmond Clean & Beautiful shall employ a full-time Director to direct and oversee all services and programs to be provided pursuant to this Agreement. The salary from all sources to such Director in compensation for duties on behalf of Augusta/Richmond Clean & Beautiful shall not exceed $36,050.04. This amount shall not be increased, except by such percentage as from time to time shall be granted to all Augusta, Georgia employees generally, unless otherwise specifically approved by the Augusta-Richmond County Commission. In addition, the City shall supply to the Director an annual automobile allowance of one thousand eight-hundred and nO/lOO dollars ($1,800.00) under the terms of the Director's employment by Augusta/Richmond Clean & Beautiful. (b) It is the intention of Augusta, Georgia and Augusta/Richmond Clean & Beautiful that the Director's salary constitute compensation for full-time services. Therefore, should the Director undertake to perform services comparable to those described in this agreement for any entity other than Augusta, Georgia, the Director's salary shall be reduced in an 5 .' . . . ~ L amount equal to the compensation which he or she receives for such services from such other entity or entities. (c) In the event that Augusta/Richmond Clean & Beautiful shall employ an Administrative Assistant, Augusta, Georgia shall pay all salary and other amounts due to the Administrative Assistant as authorized by the Authority or its Executive Director. The Administrative Assistant will be provided by the City on behalf of Augusta/Richmond Clean & Beautiful with all fringe benefits provided to employees of the City in positions comparable to the Administrative Assistant. (d) Augusta, Georgia shall provide said Director and Administrative Assistant with such health insurance benefits as are provided to City employees, so long as each so elects and is eligible. (e) All amounts paid by the City to or on behalf of the Director and Administrative Assistant under the terms of employment by Augusta/Richmond Clean & Beautiful and pursuant to this agreement, whether through direct payment, indemnification, employer's contribution to FICA, or otherwise, shall be deducted from the amount of $35,000.00 referenced in Section 2 hereof, prior to such funds being transferred to Augusta/Richmond Clean & Beautiful. The balance of any and all funds expended by the City on behalf of Augusta/Richmond Clean & Beautiful beyond the 6 ~ ..... referenced $35,000.00, including but not limited to amounts expended for the referenced automobile allowance, Director's health benefits, and Administrative Assistant's salary and benefits, shall be billed to Augusta/Richmond Clean & Beautiful annually, to be paid in full within thirty (30) days. 5. It is recognized and understood by both parties that the Administrative Assistant shall be an at-will employee of Augusta/Richmond Clean & Beautiful. Augusta/Richmond Clean & Beautiful, however, agrees to abide by the Personnel policies and Procedures of Augusta, Georgia, as now existing or hereafter amended, as such policies and procedures relate to said employee; provided, however, any decision from the Personnel Board relating to said Administrative Assistant shall be appealed to Augusta/Richmond Clean & Beautiful, which shall have final decision making authority regarding any such appeal. 6. To the extent allowed by law, Augusta/Richmond Clean & Beautiful shall indemnify and hold the City harmless against all expenses (including attorneys fees), damages, judgments, fines, and amounts paid in settlement actually or reasonably incurred by the City as a result of acts or omissions of the Director. The City shall have the right to deduct all such amounts from the amount of $35,000.00 referenced in Section 2 hereof, prior to such funds being transferred to Augusta/Richmond Clean & 7 .' ... ...... ...... . Beautiful. 7. This Agreement is not intended to terminate, to limit, or otherwise to preempt community services by Augusta/Richmond Clean & Beautiful. 8. This Agreement is not intended to preempt, now or in the future, the field of government activity dealing with the subject areas set forth in paragraph 2 of this Agreement. The parties, separately, are free to act further in these areas. 9. It is hereby declared to be the intention of both parties that the sections, paragraphs, sentences, clauses and phrases of this Agreement are severable, and if any section, paragraph, sentence, clause or phrase of this Agreement shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses and phrases of this Agreement. 10. All provisions of this Agreement shall be construed in accordance with the laws of the State of Georgia. 11. This Agreement shall not become legally binding until fully executed by the City and Augusta/Richmond Clean & Beautiful. 8 oj " ,''' ... ....- '" " 12. This Agreement shall not constitute the parties hereto as joint venturers or partners and neither party shall be deemed to be an agent of the other. IN WITNESS WHEREOF, these presents have been approved by the governing bodies of the parties and duly executed by the proper officials of each. AUGU /lJ BY : ~~.i MAYO ~TTEST: C AUGUSTA/RICHMOND CLEAN & BEAUTIFU C. M;A,:ONOLL"l}~ DOU.~IUIJ , SECRETARY G L€. N~ '" ~f\~~O,u,S~c... APPROVED AS TO FORM: COUNTY ATTORNEY DATE: 9