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Finance Committee Meeting Committee Room- 2/23/2009- 1:00 PM
FINANCE
1. Report from the Administrator/Attorney regarding appropriate uses for
hotel/motel tax revenues for contractual obligations. (Referred from
December 8 Finance and February 17 Commission meetings)
Attachments
2. Consider a request from the Alzheimer's Association for city sponsorship
through the purchase of tickets for the 5th Annual "A Night to Remember".
Attachments
3. Consider a request from the Augusta South Rotary Club for city sponsorship
through the purchase of tickets for the annual Spaghetti Dinner benefiting
the Youth Challenge Academy at Ft. Gordon.
Attachments
4. Consider a request from Ms. Bobbie Baker regarding a refund of the
overpayment of taxes for the years 2004 through 2007 on the property
located at 2121 Turtle Court.
Attachments
5. Consider a request from the Boys and Girls Clubs of Augusta for city
sponsorship through the purchase of tickets for the 22nd Annual Steak and
Burger Dinner.
Attachments
6. Presentation by Ms. Bonnie Cox of Cherry, Bekaert and Holland related to
the audit.
Attachments
7. Approve Memorandum of Understanding with Clean Augusta Downtown
Initiative, Inc.
Attachments
8. Consider a request from Outdoor Specialist, Inc. regarding a tax abatement
for free port exemption of property tax assessment.
Attachments
9. Consider a request from W. Lee Flowers and Company, Inc. regarding a
waiver of penalties for the Augusta IGA grocery store for the 2007 and 2008
tax years and a reduction in half of the interest.
Attachments
Finance Committee Meeting
2/23/2009 1:00 PM
Alcohol and Hotel Tax Revenues
Department:Clerk of Commission
Caption:Report from the Administrator/Attorney regarding appropriate uses for
hotel/motel tax revenues for contractual obligations. (Referred from
December 8 Finance and February 17 Commission meetings)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 1
Finance Committee Meeting
2/23/2009 1:00 PM
Alzheimer's Association
Department:Clerk of Commission
Caption:Consider a request from the Alzheimer's Association for city sponsorship
through the purchase of tickets for the 5th Annual "A Night to Remember".
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 2
Attachment number 1
Page 1 of 2
Item # 2
Attachment number 1
Page 2 of 2
Item # 2
Finance Committee Meeting
2/23/2009 1:00 PM
Augusta South Rotary Club
Department:Clerk of Commission
Caption:Consider a request from the Augusta South Rotary Club for city sponsorship
through the purchase of tickets for the annual Spaghetti Dinner benefiting
the Youth Challenge Academy at Ft. Gordon.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 3
Attachment number 1
Page 1 of 1
Item # 3
Finance Committee Meeting
2/23/2009 1:00 PM
Bobbie Baker
Department:Clerk of Commission
Caption:Consider a request from Ms. Bobbie Baker regarding a refund of the
overpayment of taxes for the years 2004 through 2007 on the property
located at 2121 Turtle Court.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 4
Attachment number 1
Page 1 of 1
Item # 4
Attachment number 2
Page 1 of 2
Item # 4
Attachment number 2
Page 2 of 2
Item # 4
Finance Committee Meeting
2/23/2009 1:00 PM
Boys and Girls Clubs
Department:Clerk of Commission
Caption:Consider a request from the Boys and Girls Clubs of Augusta for city
sponsorship through the purchase of tickets for the 22nd Annual Steak and
Burger Dinner.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 5
Attachment number 1
Page 1 of 2
Item # 5
Attachment number 1
Page 2 of 2
Item # 5
Finance Committee Meeting
2/23/2009 1:00 PM
Cherry Bekaert and Holland
Department:Clerk of Commission
Caption:Presentation by Ms. Bonnie Cox of Cherry, Bekaert and Holland related to
the audit.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 6
Finance Committee Meeting
2/23/2009 1:00 PM
Clean Augusta Downtown Initiative, Inc(CADI) Memorandum of Understanding
Department:Finance
Caption:Approve Memorandum of Understanding with Clean Augusta Downtown
Initiative, Inc.
Background:The Clean Augusta Downtown Initiative was created in 2008 and is funded
by the revenues from the Business Improvement District (BID). Because of
the timing of the availability ofthe funds a Memorandum of Understanding
was entered into to allow funds to be disbursed before the revenues are
collected .
Analysis:The 2009 revenues will be collected when property taxes are paid.
Approving this MOU will allow the funds to be disbursed before being
collected. This is a continuation of the procedure that was developed and
approved in 2008 for this program.
Financial Impact:The 2009 MOU approves advancing a portion of the anticipated collections.
Total projected revenues for 2009 are $343,000.
Alternatives:None
Recommendation:approve MOU
Funds are Available in
the Following
Accounts:
271-07-5520/5721110
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 7
1
MEMORANDUM OF UNDERSTANDING
THIS CONTRACT and AGREEMENT (hereinafter referred to as ³Agreement´) was
made and entered into this ___ day of February 2009, by and between the Augusta-Richmond
County (hereinafter referred to as "ARC"), a political subdivision of the State of Georgia through
its Board of Commissioners, KHUHLQDIWHU³%oard´ and Clean Augusta Downtown Initiative, Inc.
(hereinafter referred to as "CADI").
WHEREAS, the Georgia General Assembly saw a necessity for revitalizing established
city business districts which are deteriorating in large cities of Georgia and established the City
Business Improvement District Act KHUHLQDIWHUUHIHUUHGWRDV³$FW´ to restore and promote
commercial and other business activity within those districts.
WHEREAS, Board is authorized pursuant to O.G.G.A. §36-30- RI WKH $FW ³WR
provide supplemental services or contract with non- SURILWRUJDQL]DWLRQV´WRHIIHFWWKHSXUSRVHRI
the Act in Augusta, Georgia.
WHEREAS, Board is also authorized by law, pursuant to O.C.G.A. §36-60-14, to enter
into agreements for one year or less with private non-profit organizations in accordance with
§§501(c)(3) and 501(c)(6) of the Internal Revenue Code, for the purpose of increasing trade,
industry, or new business into the county, or the improvement of general welfare of the county;
WHEREAS, Board has recognized the importance of the mission of the CADI;
WHEREAS, CADI is a non-profit organization with 501(c)(6) status with the Internal
Revenue Service;
WHEREAS FURTHER, CADI has entered into a construction project with financial
commitments, which necessitates a source of revenue to meet these commitments to complete
this project and ARC is willing to provide such revenues as herein specified for CADI; and
WHEREAS FURTHER, Board desires to assist CADI by advancing monies with a
security interest in this endeavor;
NOW, THEREFORE, in consideration of their mutual covenants and within the
limitations of this Agreement, Board and CADI hereby agree that:
SECTION I
Board covenants and agrees to advance an aggregate principal amount of two hundred
ninety-one thousand six hundred dollars ($291,600), to bear zero percent (0%) interest per
annum, and CADI covenants and agrees to pledge tax revenues which will be collected in
December of 2009 as security for payment the advance.
Attachment number 1
Page 1 of 6
Item # 7
2
a. DURATION
This Agreement shall commence on the date of the delivery of the funds to CADI,
and shall be in effect until 11:59 p.m. on December 31, 2009 when the anticipated
revenue from the special tax is anticipated; however, CADI has the option to extend the
Agreement for up to thirty days. Such option must be exercised in writing no more than
thirty (30) days prior to the termination date of the Agreement.
b. FUNDING SOURCE
The Board shall issue payment to be made from funds derived from its general funds
or any other funds lawfully available to it for such purposes to provide monies sufficient
to fulfill its obligation.
c. SECURITY INTEREST
In order to assure that the ARC will acquire payment from CADI, the parties hereby
agree that there is hereby a superior lien created on the tax revenues that will be received
by CADI in December of 2009.
d. LEGISLATIVE MODIFICATION
Notwithstanding any other provision of this Agreement to the contrary, in the event
that any federal, state, or local law, rule, regulation, or interpretation thereof, restricts,
prohibits, or in any way materially changes the method or amount of reimbursement or
payment for services under this Agreement any time during the Term of this Agreement,
then this Agreement shall, to the extent permitted by the laws of Georgia, be deemed
amended by the parties to provide for payment of compensation and other fees in a
manner consistent with any such prohibition, restriction, or limitation.
e. INDEMNIFICATION
CADI hereby waives, releases, relinquishes, discharges and agrees to indemnify,
protect and hold harmless the ARC and the Board, and their respective employees,
agents, partners, representative, directors, servants, attorneys, predecessors, successors, DQG DVVLJQV KHUHLQDIWHU UHIHUUHG WR DV WKH ³,QGHPQLWHHV´ IURP DQ\ DQG DOO FODLPV
demands, liabilities loss, costs, and/or expenses for any loss or damage, including but not
limited to bodily injury, personal injury, death, property damage, libel, slander,
defamation and/or invasion of privacy arising out of CADI¶VSHUIRUPDQFHXQGHUWKLV
Agreement as a result of any act of omission, whether intentional or negligent on the part
of CADI¶VHPSOR\HHVor agents, or as a result of the application or violation of any
pertinent federal, state or local law, rule or regulation by CADI¶VHPSOR\HHV or agents.
Attachment number 1
Page 2 of 6
Item # 7
3
This indemnification applies notwithstanding the fact that third parties or the Indemnitees
may be partially responsible for the situation resulting in the claim or the claim results in
a monetary obligation that exceeds any contractual commitment.
This indemnification extends to the successors and assigns of CADI, and survives the
termination of the Agreement, and to the extent, allowed by law, the bankruptcy of
CADI. This indemnification does not apply if the claim arises from the willful and
wanton misconduct or sole negligence of the Indemnitees.
If, and to the extent such damage or loss as covered in this indemnification is covered
by the State Tort Claims Fund established and maintained by the Department of
Administrative Services, CADI agrees to reimburse any and all amounts paid out by the
State Tort Claims Fund. To the full extent permitted by the Constitution and the laws of
the State of Georgia and the terms of the State Tort Claims Fund, CADI and its insurers
waive any right of subrogation against the Indemnitees and insurers participating
thereunder.
CADI shall, at its expense, be entitled to, and shall have the duty to participate in the
defense of any suit against the Indemnitees. No settlement or compromise of any claim,
loss, or damage entered into by the Indemnitees shall be binding upon CADI unless
approved in writing by CADI. No settlement or compromise of any claim, loss, or
damage entered into by CADI shall be binding upon the Indemnitees unless approved in
writing by the Indemnitees.
f. TERMINATION
The Board may, in its sole discretion, determine that CADI is failing to substantially
comply with the terms and conditions of this Agreement. The Board shall provide
written notice thereof to CADI. The notice must identify specific incidents or
circumstances comprising the failure of performance. As soon as is practicable, but no
more than five (5) business days after receipt of said notice, the appropriate
representative of both parties shall meet to discuss the complaint. In the event the
complaint is not resolved within the amount of time mutually agreed upon by both
parties, the Board may terminate this Agreement upon three (3) calendar days written
notice to CADI. CADI shall refund to ARC the previously paid monies pro rata from the
date of termination for unearned services.
This Agreement may be terminated immediately in the event that any of the following
occurs: CADI becomes insolvent or liquidation or dissolution of CADI is initiated; a
voluntary or involuntary bankruptcy petition is filed by or against CADI under the United
States Bankruptcy Code or any similar petition under any state insolvency law; an
assignment is made by CADI for the benefit of creditors; a proceeding for the
appointment of a receiver, custodian, trustee, or similar agent is initiated with respect to
CADI.
Attachment number 1
Page 3 of 6
Item # 7
4
Either party may terminate this Agreement by providing thirty (30) days written
notice to the non-terminating party. CADI shall refund to ARC the previously paid
monies for unearned services.
g. AGENCY
Neither Party becomes the agent of the other under this Agreement, and each will
continue to perform its statutory functions and the functions transferred or retained under
this Agreement at its own, sole cost and responsibility, independently of the other.
Neither party will be responsible for the contracts, nor other obligations of the other
except as specifically stated and transferred hereinabove.
h. SEVERABILITY
If any term or provision in this Agreement shall be deemed illegal or unenforceable;
then, notwithstanding the offending terms or provisions, this Agreement shall remain in
full force in effect and such terms or provisions shall be deemed stricken.
i. ASSIGNMENT
Neither Board nor CADI shall assign its respective obligations arising out of this
Agreement, without the prior written consent of the other party.
j. WAIVER
The waiver by either party of any breach of any provision contained in this
Agreement shall not be deemed to be a waiver of such provision on any subsequent
breach of the same or any other provision contained in this Agreement.
k. OTHER PROVISIONS
During the performance of this Agreement, the parties agree to abide by the terms of
Executive Order 11246 on nondiscrimination and will not discriminate against any
person because of race, color, religion, sex or national origin. The participants will take
affirmative action to ensure that applicants are employed without regard to their race,
color, religion, or national origin.
No member of or delegate to Congress, or resident Commissioner, shall be admitted
to any share or part of this Agreement or any benefit that may arise therefrom; but this
Attachment number 1
Page 4 of 6
Item # 7
5
provision shall not be construed to extend to this Agreement if made with a corporation
for its general benefit.
The parties agree that any contracts developed and awarded pursuant to this
Agreement and all work and procedures related to said contracts, shall, at all times,
conform to the applicable federal and state laws, rules, regulations, orders and approvals,
including specifically, procedures and requirements relating to labor standards, equal
employment opportunity, nondiscrimination, compliance with Americans with
Disabilities Act, anti-solicitation, information, and auditing and reporting provisions.
l. GOVERNING LAW
This Agreement shall be construed in accordance with, and governed by, the laws of
the State of Georgia, and jurisdiction shall lie in the Superior Court of Richmond County.
m. COMPLETE AGREEMENT
This Agreement sets forth all provisions and understandings between the parties.
There are no provisions, understandings, representations, or inducements, either oral or
written, between the parties other than those hereinabove set forth. It is further
understood and agreed that no subsequent alteration, amendment, modification, change or
addition to this Agreement shall be binding upon the parties hereto unless the same is
reduced to writing and signed by the parties to this Agreement.
23. NOTICE
All notices under this Agreement shall be deemed duly given upon delivery, if
delivered by certified mail to the party at the addresses set forth below:
Fred Russell Robert Kuhar
ARC-County Administrator CADI President
530 Green Street, Suite 806 416 Eighth Street
Augusta, Georgia 30901 Augusta, Georgia 30901
24. REPRESENTATION AND WARRANTY
EACH PARTY HERETO REPRESENTS AND WARRANTS TO THE OTHER
THAT: (A) THE EXECUTION AND DELIVERY OF THIS AGREEMENT AND THE
PERFORMANCE OF ITS OBLIGATION HEREUNDER BY SUCH PARTY HAVE
BEEN DULY AUTHORIZED, AND THAT THE AGREEMENT IS A VALID AND
LEGAL AGREEMENT BINDING ON SUCH PARTY AND ENFORCEABLE IN
ACCORDANCE WITH ITS TERMS; AND (B) THE EXECUTION AND DELIVERY
Attachment number 1
Page 5 of 6
Item # 7
6
OF THIS AGREEMENT AND THE PERFORMANCE OF ITS OBLIGATIONS
HEREUNDER BY SUCH PARTY DOES NOT AND WILL NOT CONFLICT WITH,
OR RESULT IN, BREACH OF ANY AGREEMENT, INDENTURE, OR OTHER
INSTRUMENT BINDING ON SUCH PARTY.
IN WITNESS WHEREOF, this Agreement is executed as the date first written
above.
Augusta-Richmond County Clean Augusta
Downtown Initiative, Inc.
By:___________________________ By:___________________________
Name: David S. Copenhaver Name: Robert Kuhar
Title: Mayor Title: President
Attest: __________________________ Attest:________________________
Lena Bonner, Clerk of Commission Sanford Loyd, Treasurer
[SEAL] [SEAL]
Attachment number 1
Page 6 of 6
Item # 7
Finance Committee Meeting
2/23/2009 1:00 PM
Outdoor Specialist Inc.
Department:Clerk of Commission
Caption:Consider a request from Outdoor Specialist, Inc. regarding a tax abatement
for free port exemption of property tax assessment.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 8
Attachment number 1
Page 1 of 1
Item # 8
Attachment number 2
Page 1 of 3
Item # 8
Attachment number 2
Page 2 of 3
Item # 8
Attachment number 2
Page 3 of 3
Item # 8
Finance Committee Meeting
2/23/2009 1:00 PM
W. Lee Flowers and Company
Department:Clerk of Commission
Caption:Consider a request from W. Lee Flowers and Company, Inc. regarding a
waiver of penalties for the Augusta IGA grocery store for the 2007 and 2008
tax years and a reduction in half of the interest.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 9
Attachment number 1
Page 1 of 2
Item # 9
Attachment number 1Page 2 of 2
Item # 9