HomeMy WebLinkAboutAugusta Mini Theatre
Augusta Richmond GA
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STATE OF GEORGIA
RICHMOND COUNTY
AGREEMENT
THIS AGREEMENT made and entered this ~day Of~#~fr
1997, between Richmond County, Georgia, acting by and through the
Augusta-Richmond County Commission, a political subdivision of the
State of Georgia (hereinafter referred to Augusta-Richmond County) ,
and Augusta Mini Theatre Inc. (hereinafter referred to as the
"Organization") ;
WIT N E SSE T H:
WHEREAS, a Special County 1% Sales and Use Tax was
approved by the qualified voters of Richmond County in a referendum
held on September 19, 1995, effective January 1, 1996; and
WHEREAS, the Board of Commissioners of Richmond County
approved a Resolution providing that the proceeds of the tax would
be used to include, inter alia, "capital outlay proj ects consisting
of recreational, cultural, and historical facilities"; and
WHEREAS, prior to consolidation, Richmond County, Georgia
and the City Council of Augusta, entered into a "Special County
Sales and Use Tax Agreement" dated August 15, 1995, which
identified certain historical and cultural improvements to be
funded by said Tax; and
WHEREAS, the Augusta-Richmond County Commission desires
to contract with the above named Organization to construct the
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capital outlay proj ect identified herein as the Augusta Mini
Theatre Inc. Project (hereinafter referred to as "Project"), which
was a part of the Capital Improvement Plan approved by the Board of
Commissioners of Richmond County and/or the historical and cultural
improvements referenced in the above described "Special County
Sales and Use Tax Agreement"i
NOW, THEREFORE, for and in consideration of the mutual
covenants and agreement between the parties, it is agreed as
follows:
1. The County agrees to appropriate the following sums
to the Organization for the purpose of constructing the Project,
to-wit:
$102,000.00
$298,000.00
for the calendar year 1996i and
for the calendar year 1997;
2. The Organization agrees to use such funds as may be
paid to it pursuant to this Agreement solely and exclusively for
the construction of the above described Project, which Project,
including the Project Budget, is more specifically described on
Exhibit A attached hereto and incorporated herein.
3. The Organization warrants and represents that the
estimated maximum cost of the Project as set forth in "Exhibit A"
is accurate in the best judgment of the Organization. The
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Organization shall not use any portion of distributions received
from the County for any expense other than for capital costs
associated with construction of the Project. The Organization
shall keep any funds received from the County in a separate account
from other funds of the Organization and shall not comingle the
County distributions with other funds of the Organization prior to
their expenditure. The Organization shall maintain a record of
each and every expense for which the proceeds of the Tax are used.
The Organization shall submit to the County monthly accounting for
all funds received from the County, the amounts expended on the
Project during the term of this contract, including any amount
expended on such proj ect ln the then current year, and the
estimated percentage of completion of said Project.
4. The County, including any auditors employed by
Richmond County, shall have the right to verify and test the
expenditures of the Organization for the Project sufficient to
determine that the monies are being spent for the Project, and in
accordance with Georgia law .regarding expenditures of Special
Purpose Local Option Sales Tax monies. Official representatives of
the County may, at reasonable times and upon reasonable notice to
the Organization, inspect the official records of the Organization
relating to this Project. The County shall also have the right to
inspect the Project at any reasonable time for any purpose related
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to the performance of any contract awarded, or to be bid upon, or
to be awarded, by the Organization for this Project.
5. The County's financial obligation to the
Organization or to fund the construction of said Project shall not
exceed the amount set forth in this Agreement.
6. Each of the parties hereto warrants and represents
to the other than it will comply with all the requirements of the
laws of the State of Georgia, the provisions of this Agreement, and
will take such other actions as may be necessary to insure that the
validity of the collection and expenditure of the Special County 1%
Sales Use Tax shall be maintained throughout the period of this
Agreement and the period that the tax is to be imposed.
7. The Organization shall comply with the purchasing
policies of Augusta-Richmond County regarding advertising for bids,
securing bid, payment, and performance bonds, and contracting.
Payments to the contractor employed by the Organization shall be
made directly by the County, after having received certification
from the Organization and approval of the pay request up to the
maximum amount funded to the Organization by the County. If the
total project cost exceeds the amount funded by the County the
Organization shall provide proof of other funding sources. All
other payments to the Organization shall be made only upon
presentation of verified invoices.
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8.
The Organization will maintain the
following
insurance during the performance of the Contract:
A. Comprehensive General Liability Insurance in force
at all times,
including Products/Completed Operations,
and
Automobile Liability Insurance in the combined single limits of
$1,000,000.
The coverage is intended to apply as primary and is
not affected by any insurance which the certificate holder may
carry in its own name.
The Organization shall maintain Worker's
Compensation and Employer's Liability Insurance for the benefit of
its workers.
The above requirements shall also extend to the
Organization's contractors and sub-contractors engaged in the
Project.
B. Prior to the commencement of work, the Organization
will provide the Augusta-Richmond County Commission with a
certificate of insurance evidencing the above coverage and as well
as showing the Augusta-Richmond County Commission as "additional
insured" .
9 . All contracts between the Organization and the
contractor to construct the proj ect shall be submitted to the
County for approval, and shall contain a provision that the
contract shall not be valid and binding upon the Organization until
approved by the Augusta-Richmond County Commission.
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10. This Agreement constitutes the entire agreement
between the parties as to the matters described herein and may not
be amended except by an instrument in writing signed by the duly
authorized officers of each of the parties hereto.
IN WITNESS WHEREOF, the County and Organization have
caused these presents to be executed by their respective duly
authorized officials, the day and year first above written.
ORGANIZATION:
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ATTEST:
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