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HomeMy WebLinkAboutAugusta Mini Theatre (2) Augusta Richmond GA DOCUMENT NAME: J\~ree~~ DOCUMENT TYPE: ~rce~~~1I YEAR:'L-OO \ BOX NUMBER: \~ FILE NUMBER: \ 55L\O NUMBER OF PAGES: ~ \ \ Phase IV May 14, 2001 STATE OF GEORGIA RICHMOND COUNTY AGREEMENT THIS AGREEMENT made and entered this /~day of ~~1 ' 2001, between Augusta, Georgia, acting by and through the Augusta- Richmond County Commission, a political subdivision of the State of Georgia (hereinafter referred to as the "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 /::3 held on September 19, 2000, effective January 1, 200'1; and WHEREAS, the Augusta-Richmond County Commission approved a Resolution providing that the proceeds of the tax would be used to include, inter alia, "capital outlay projects consisting of recreational, cultural, and historical facilities"; and WHEREAS, the Augusta-Richmond County Commission desires to contract with the above named Organization to construct the capi tal outlay proj ect identified herein as the Augusta Mini Theatre, Inc. Project (hereinafter referred to as "Project"), which 1 Phase IV May 14, 2001 was a part of the Capital Improvement Plan approved by the Augusta- Richmond County; 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: $150,000.00 for the calendar year 2001. 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 Organization shall not use any portion of distributions received from the County for any expense other than for capital costs associa ted with construction of the Proj ect. No costs of the Organization for personnel or indirect cost of the Organization 2 Phase IV May 14, 2001 shall be charged against these funds. 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 Project in 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 expendi tures of the Organization for the proj ect 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 to the performance of any contract awarded, or to be bid upon, or 3 Phase IV May 14, 2001 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. 4 Phase IV May 14, 2001 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 Proj ect. 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. 5 Phase IV May 14, 2001 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. 11. Organization acknowledges that all records relating to this Agreement and the services to be provided under the agreement may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). Organization shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 12. All claims, disputes and other matters in question between the County and the Organization arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Organization, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. IN WITNESS WHEREOF, the County and Organization have caused these presents to be executed by their respective duly 6 . ..' " Phase IV May 14, 2001 authorized officials, the day and year first above written. ORGANIZATION: ~~~~~{~~ 7 '. . Exhibit "Aft . . ..- . . Augusta Mini Theatre Executive Summary The Possibility On October 8, 1975, Tyrone Butler tUnied Possibility into reality when he created an environment to showcase the talents of his students. He created the Augusta Mini Theatre. , The Purpose The purpose of this facility is to provide a place where area residents can develop their artistic skills through classroom training and the:: presentation of that development through stage performances and recitals. The Planning In late July of 1999, the Augusta Mini Theatre (AMT) initiated a comprehensive programming and preliminary design effort. With the pro~essional assistance of2KM Architects, Inc., the AMT began to formalize their requirements for an exciting theatre, outstanding school, and successful business. The Product .The culmination of the planning resulted in a complete program and Preliminary Design for the New Augusta Mini Theatre. The facility will include approximately 26,000 square feetofbuilding and the development of 3.25 acres of land. Pnnuiry elements include a 400 seat theatre, four studios for drama, dance, music, and art, a multi-purpose room, and administrative offices. The unveilmg of this dream occurred at the 25th Anniversary Celebration of the Augusta Mini Theatre on October 8, 2000. The Price At the conclusion of the Preliminary Design, 2KM Architects Inc. retained Harris & Associates to provide a preliminary Cost Estimate. Probable costs were estimated at $3,412,284 or $147.1 0 per square foot. The fully developed potential investment for this project could reach $4,997,504. The 25th Anniversary officially kicked-off an intense fund raising campaign. .........,~"-" ..... ....... " The Potential The need for an arts facility in the Martin Luther King area could not be greater. An expanded facility will decrease the current waiting list for new students wishing to participate; provide a positive and needed venue for after school activities and cultural enrichment projects. Ground breaking is scheduled for October, 2001.