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
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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
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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
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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;
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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:
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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
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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
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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 &
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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.
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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
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APPROVED AS TO FORM:
COUNTY ATTORNEY
DATE:
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