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HomeMy WebLinkAboutAUGUSTA MINI THEATRE PROJECT SPLOST IV \ , STATE OF GEORGIA ) ) RICHMOND COUNTY ) SUPPLEMENTAL CONTRACTOR AGREEMENT FOR NEW FACILITIES FOR THE AUGUSTA MINI THEATRE PROJECT This AGREEMENT made and entered into this Jft- day of ~,2007, between Augusta, Georgia, acting by and through the Augusta-Richmond County Commission, a political subdivision of the State of Georgia (hereinafter referred to as "Augusta" or "County"), and the Augusta Mini Theatre Inc., (hereinafter referred to as the "Organization" or "The Augusta Mini Theatre"); WITNESSETH: WHEREAS, the voters of Augusta, Georgia, on September 19, 2000, approved the imposition of the Special Purpose County One Percent Sales and Use Tax ("SPLOST IV"), effective January 1, 2001, and designated the use of the proceeds of said tax for certain capital outlay projects, as defined on O.C.G.A. 48-8-111(a), and further approved a project priority payment order in an Intergovernmental Agreement entered into by and between Augusta, Georgia, and the municipalities of Hephzibah and Blythe; WHEREAS, the Augusta-Richmond County Commission approved SPLOST funding request guidelines for outside agencies on August 7, 2000; WHEREAS, the Augusta-Richmond County Commission desires to contract with the above named Organization to construct the capital outlay project identified herein as the Augusta Mini Theatre Project (hereinafter referred to as "Project"), which was a part of the approved capital outlay projects for recreational, historical and cultural improvements, referenced in the above-described Intergovernmental Agreement; . . WHEREAS a portion of the interest on proceeds of Phase IV of said tax in the amount of $700,000.00 are now available for use by The Augusta Mini Theatre, Inc., according to the disbursement schedule adopted in said Intergovernmental Agreement; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements between the parties, it is agreed as follows: SECTION 1- APPROPRIATION AND USE OF FUNDS 1.1 The County agrees to appropriate the following sums to the Organization for the purpose of constructing the prt~oo,ooo, payable in the following installments: Q First Installmen~une 1,2007 -' ~,..,~ ,I... ~ (I , (dates) -eI:;p AJA ( /LJ~dateS) ..rJ/;ftl / ( dates) 1.2. The Organization agrees to use such funds that it may receIve, pursuant to this Agreement, solely and exclusively for the construction of the above described Project; said Project, including the Project Budget, is more specifically described at "Exhibit A," attached hereto and incorporated herein. 1.3 Said disbursement to The Augusta Mini Theatre, Inc. is an authorized use of said proceeds, under O.C.G.A. Section 48-8-111(E), as said use benefits a "cultural, recreational, or historical facility or a combination of such purposes;" and this Agreement is entered into on behalf of Augusta, Georgia and The Augusta Mini Theatre, Inc., a Georgia not for profit corporation, to recognize and acknowledge that Augusta has fully funded its SPLOST IV project obligation to Organization by payment of $700,000 in full made on or about the time this contract is entered into. 2 SECTION 2 - RESPONSIBILITIES AND OBLIGATIONS OF ORGANIZATION 2.1 In consideration of the disbursement of said funds, The Augusta Mini Theatre, Inc. shall observe all conditions that the law and/or this Agreement impose on the use of said funds, which shall include, but not be limited to, the following: 2.2 The Augusta Mini Theatre, Inc. shall use said proceeds in connection with a capital outlay project known as Mini Theatre New Facilities Project at 2546 Deans Bridge Road, Augusta, Georgia. Said real estate and improvements are more particularly described at Exhibit A-I, which is attached hereto and made a part hereof. 2.3 The Augusta Mini Theatre, Inc., covenants not to use said momes as part of its maintenance and operation budget. 2.4 The Augusta Mini Theatre, Inc. will set up any and all banking accounts necessary or convenient to segregate the account containing said SPLOST money from its other accounts. The Augusta Mini Theatre, Inc. shall make quarterly reports of expenditures regarding this project commencing with the end of the second quarter of 2007 to wit: June 30, 2007 and quarterly thereafter until the end of the quarter in which the project is deemed completed as determined by the Augusta Finance Department. The initial report is due ten (10) business days next following the end of each said quarter. Said reports shall be delivered to Augusta Finance Department, Municipal Building, Augusta, Georgia 30911 to the attention of Ms. Donna Williams, Interim Finance Director for Augusta, Georgia, or her designee, Mr. Tim Schroer, the accountant for the SPLOST program. 2.5 The Organization shall keep any funds that it receives from the County in a separate account and fund and shall not commingle the County distributions with other funds of the Organization prior to their expenditure. The Organization shall maintain a record of each and 3 . . every expense, in compliance with the generally accepted accounting principles, for which the proceeds of the tax are used. The Organization shall submit quarterly accounting reports to the County for all funds that the Organization receives from the County. Said accounting reports shall set forth the amounts expended on the Project during the term of this contract, which shall include any amount expended on such Project in that current year, and the estimated percentage of said Project's completion. (See Exhibit A). 2.6 The Augusta Mini Theatre, Inc. accepts the following conditions for disbursement of said funds: A. The Organization must allow said facility to be used by the public for both the staging of events and attendance. This section shall not preclude the Organization from charging reasonable and ordinary fees for any event held at said facility. B. Prior to receipt of said monies, the Organization shall furnish Augusta with a budget, scope of work and the projected time for completion of the work of said improvements, for which purpose the money is appropriated (See Exhibit A) which is accepted by the County. 2.7 The Organization shall comply with the purchasing policies of Augusta-Richmond County regarding the advertising for bids, the securing of bids, and payment, performance bonds, and contracting. Payments to any sub-contractor employed by the Organization shall be made directly by the Organization, subject to County's audit and approval. If the total project costs exceed the amount funded by the County, the Organization shall provide proof of other funding sources. Payments by the Organization to sub-contractors shall be made only upon presentation of verified invoices. 2.8 The Organization will maintain the following insurance during the performance of the Contract: 4 A. Comprehensive General Liability Insurance shall be maintained in force at all times and shall include the following coverages: Products/Completed Operations and Automobile Liability Insurance in the combined single limits of $1,000,000. This coverage shall be intended to apply as primary and shall not be affected by any insurance that 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 apply to the Organization's contractors and sub-contractors who are engaged in the Project. B. Prior to the commencement of work, the Organization will provide the Augusta- f- Richmond County Commission with a certificate of insurance, which evidences the above coverage and shows the Augusta-Richmond County Commission as an "additional insured." SECTION 3 - RESPONSIBILITIES AND OBLIGATIONS OF THE COUNTY 3.1 Augusta enters this contract to improve the quality of life of its citizens and to provide its citizens with additional facilities for delivery of recreational services than it could if it were to construct and operate similar facilities without the participation of the Organization. Augusta shall have the right, by and to this contract, for not less than 50 years of public use and availability of the facility that is the subject of this contract. 3.2 The County and any auditors employed by Augusta shall have the right to verify and audit the expenditures of the Organization and the Project, sufficient to determine that the monies are being appropriately spent for the Project, in accordance with Georgia laws that govern the expenditures of Special Purpose Local Option Sales Tax monies. Official representatives of the County may inspect the official records of the Organization, which relate to this project, at reasonable times and upon reasonable notice to the Organization. The County shall also have the right to inspect the Project at any reasonable time for any purpose related to 5 the performance of any contract awarded, or to be bid upon or awarded, by the Organization for this Project. SECTION 4 - OBLIGATIONS OF THE ORGANIZATION AND COUNTY 4.1 Each of the parties hereto warrants and represents to the other that it will comply with all the requirements of the laws of the State of Georgia. 4.2 After approval of this contract, all contracts between the Organization and any sub- contractor shall be submitted to the County Administrator for administrative review. If any irregularity or illegality appears, the Administrator may submit any such questions to the Augusta-Richmond County Commission. 4.3 This Agreement constitutes the entire agreement between the parties as to the matters described herein and may not be amended except by a written instrument, signed by each party's duly authorized officers. 4.4 Breach of contract with respect to any of the terms of this Agreement, or with respect to the use of funds, shall terminate the County's obligations under this Agreement; shall terminate the County's obligation for the payment of any future funds; and shall entitle the Parties to all remedies provided by law. IN WITNESS WHEREOF, the County and Organization have caused these presents to be executed by their respective, duly authorized officials, on the date entered above. SEAL By: 6 ORGANIZATION: THE AUGUSTA MINI THEATRE, INC. By: :).~'1" >>;/!r- As its .D I '" r e e.. If ATTEST: As its F:\Users\SShepard\STEVE\CITY\Mini theater SPLOST agreement.DOC 7 EXHIBIT "A" CONTRACTOR: The Augusta Mini Theatre, Inc. PROJECT NAME: New Facilities for Augusta Mini Theatre, Inc. DESCRIPTION OF PROJECT/SCOPE OF WORK: Construction of Theatre and related arts school buildings on property owned by Augusta Mini Theatre, Inc. PROJECTED TIME OF CONSTRUCTION: Design completed; construction to commence on or about June 1, 2007. PROJECTED BUDGET: See attached submission from Tyrone J. Butler FINANCIAL ANALYSIS: Project cost $2,400,000 Available Revenues in Hand $1,200,000 Appropriation from SPLOST V $ 500,000 J2f~~~LOSTIV $ 700.000 $2,400,000 TOTAL: $2,400,000 i S {, 5'1 07 TOTAL 8 EXHIBIT "A-I" LOCATION/LEGAL DESCRIPTION OF PROPERTY ON WHICH PROJECT IS LOCATED: See contract awarded under Phase V. 9