HomeMy WebLinkAboutAugusta Neighborhood Improvement Corporation
Augusta Richmond GA
DOCUMENT NAME: A'l) ~ Dj' bo,l,ex::cllm!('rllll e.ment a,f"~ra/;iOn
DOCUMENT TYPE: ~e.,,-,,^,e.n.f:.
YEAR: 02
BOX NUMBER: 1 L1
FILE NUMBER: ) 5 q \ ~
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NUMBER OF PAGES: :J
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AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE BEARD
TOMM\' IloYl.ES
Ul.MER /lRIDGES
ANDY CIIEEK
/lOBBY G, HANKERSON
WIl.LlAM Il. KlJIll.KE, Jll.
WM. "WILLIE" H. MAYS, III
STEPHEN E. SIIEPARD
MARION WIl.LlAMS
BOB YOUNG
Mayor
P.O. Box2125
454 GREENE STREET
AUGUSTA, GA 30903
/lus. (706) 821-2488
FAX No: (706) 722-5984
E-MAIL: JWALL@CO.RICHMOND.GA.IJS
GEORGE R. KOLB
Administrator
RICHARD L. COLCLOUGH
Mayor Pro Tem
February 8, 2002
Ms. Lena Bonner
Clerk, Commission
8th Floor, City-County Bldg.
Augusta, GA 30911
Dear Lena:
I enclose herewith a duplicate original of the Contract between ANIC and
Augusta for the Augusta Commons Phase I. Please include this in the City's permanent records.
By carbon copy of this. letter, I am forwarding a copy to Teresa-Smith and Donna
Williams.
With best personal regards, I am
Yours very truly,
~
James B. Wall/~
JBW/sjp.
Enclosure- .
cc: Ms. Teresa Smith (via telecopier )
_Ms. Sandra. Grimes (via telecopier) __,
. Ms:Donna Williams
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STATE OF GEORGIA )
)
COUNTY OF RICHMOND )
FUNDING AGREEMENT
THIS AGREEMENT, made and entered into this~day ofbve-h/J5tt2001,
between AUGUSTA NEIGHBORHOOD IMPROVEMENT CORPORATION, a
Georgia Non-Profit Corporation, (hereinafter referred to as "ANIC") and
AUGUSTA, . GEORGIA, a political subdivision of the State of Georgia, (hereinafter
referred to as the "Augusta"): .
WITNESSETH
WHEREAS, the Development ,Authority of Richmond County (hereafter
referred to as "Authority") was named as the recipient of a Local Assistat:\ce Grant in
the amount ofTen Million Dollars ($10,000,000.) approved and appropriated by the
General Assembly of the State of Georgia, as amended in its supplemental budget for
the State Fiscal Year 1999-2000, and is scheduled to receive additional sums for State
Fiscal Years 2000-2001 and 2001-2002; and,
WHEREAS, the purpose of said Grant is to provide funds to Tourism,
Community and Economic Development, Housing and the Medical Research and
Healthcare Facilities in the City of Augusta/Richmond County, including
administration and land acquisition, improvements and other capital outlay and
development costs, and
WHEREAS, ANIC, having a. similar public purpose, initially prepared and
submitted a list of proposed projects along with their estimated cost and other
sources of funding, with the Georgia Department of Community Mfairs, (hereinafter
referred to as "DCA") which project list and descriptions may be subsequently
amerided with the approval of the Authority and DCA, and
WHEREAS, ANIC, by and through its Board of Directors, has now approved
as a project, a funding proposal to .Augusta in the amount of $750,000.00 with
$500,000.00 coming from the 1 ?99~2000 funds and $250,000.00 coming from the
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2000-2001 funds, to finance i~).pa~the .construction of Phase I of the Augusta
Common facility in Augusta, Georgia,: in acco,rdance with the plans and specifications
designed by the project engineer and planner. .
WHEREAS, Augusta has and does represent to ~IC that it possesses the
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necessary staff, faculties and experts, training and experience, to administer the
project funds and to render the services authorized hereunder, and
WHEREAS, ANIC deems the services to be provided by Augusta as essential
and necessary for the citizens of Augusta, Georgia, and based upon Augusta's
representations and proposal, believes that Augusta can provide said services in a
cost-effective and efficient manner.
NOW THEREFORE, for and consideration of the mutual covenants and
agreement of the parties hereto, it is agreed as follows:
1. ANIC has approved $750,000.00 to be used by Augustato help finance
Phase I construction of Augusta Common, according to existing plans and
specifications. Partial payments shall be paid as draw requests are received by
ANIC. The approved draw sum shall be paid not more frequently than once
each month upon receipt froin Augusta of a . request for payment.
Accordingly, ANIC will fund the payments in advance, upon a receipt of a
detailed draw request. Augusta. shall provide periodic financial reports to
account for the funds paid in advance by ANIC. Augusta may. transfer this
funding within its Phase I construction budget from one line item to another,
so long as the funds from ANIC are for capital cost and not for operational or
admini.strative costs of Augusta and so long as the Phase I budget remains
balanced overall. Any funds not needed or expended for Phase I shall be
returned to ANI C.
2. The Organization, in consideration of such funding grant(s), .agrees to
perform the services or actions set forth herein, and to complete the projects
set forth in the said application or subsequent applications and Grants, as
supplemented or amended, and further agrees to expend said funds only for
the aforesaid project(s) and public purposes and to account to ANIC for such
funds in accordance with generally accepted Accounting principals. The
submitted propo~al for project entitled AUGUSTA COMMON, PHASE I,
Final Design Program Memorandum is attached hereto as Exhibit "A" and by
reference is made apart hereof.
3. Augusta acknowledges that the funds it receives hereunder are "public
funds" as defined under the laws of the State of Georgia, and, to the best of
Augusta's ability, that all of said funds deposited in its banking account shall
be secured by the banking institution in the manner provided in. s.l.lch laws and
statutes for the deposit of "public funds".
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4. Augusta agrees that it will comply with the legislative act and any
amendments thereto as well as all requirements of the appropriations and
Grants which ANIC received and which enabied ANIC to grant the funding
proposal of Augusta. .. .
5. Upon request, Augusta agrees to provide ANIC with all information
ANIC deems necessary to fulfill.its obligations under the Grant Agreement or
Agreements with the State of. Georgia or DCA,. or as required by the
Development Authority of Richmond County; and, further agrees to give
ANTC the right to audit all records related to this Agreement, and Augusta's
performance thereunder, or hereunder.
6. The Organization further agrees to timely complete and supply any and
all reports required by ANIC to allow ANIC to furnish such reports to the
State and DCA as they shall require in administration of said Grants and to
furnish ANIC with detailed monthly financial reports on a project by project
basis including the status of each project, the funds expended thereon and such
other information as ANIC may require.
7. The Organization further acknowledges that under the Open Meetings
Law for the State of Georgia (O.C.G.A. ~ 50-14-1 et seq.) ANIC has received
as a direct allocation of tax funds more than 33 1/3% of its funds from all
sources, and is required to comply with the Open Meetings Law.. In addition,
. Augusta as a municipality is subject to the Open Meetings Law. Further,
Augusta acknowledges that, unless exempted, all records relating to this
Agreement are subject to the Open Records Act (O.C.G.A. ~ 50-18-70, et seq.).
8. The Organization further certifies and agrees that it is a political
subdivision of the State of Georgia.
9. Each party will act in performing this Agreement at its own sole cost,
risk and responsibility with respect to third parties. State law presently
provides for liability for torts of state agencies and authorities through the
Georgia Tort Claims Act (O.C.G.A. ~ 50-21-20 et. seq.). Nothing herein,
however, shall be deemed a waiver. of the sovereign immunity of Augusta.
10. ANIC shall review the applications for funding of proje.cts and their
sponsors under the provisions. of the Grant or Grants; and, that upon its
approval of such project or sponsor, no disbursement will be approved by
ANIC and no expenditure shall be made by Augusta there from which would
be a violation of the Constitution or the Laws of the State of Georgia. ANIC
may review the construction and completion of each project as it may approve
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for funding hereunder, and require each project or sponsor thereof to account
for the expenditure of funds of the received Graiits; and to. otherwise comply
with the. provisions the Authority applications entered into by ANIC and
contracts between the Authority and DCA.
By its acceptance of project funds from ANIC under its grant(s) from the
Development Authority of Richmond County, Augusta agrees to assume,
perform and fulfill of the obligations, covenants and agreements imposed upon
ANIC therein or herein, in such manner and at time and place, as if Augusta
was the. direct recipient funds, including without limitation, the reimbursement.
of unused project funds or misappropriation of funds and the accounting
thereon to DCA.
II. Insurance requirement mutually deleted.
12. This Agreement shall commence on the date first above written and
shall continue until all projects funded have been completed and a final
accounting of funds expended hereunder have been rendered to ANIC, the
S~ate of Georgia, DCA and the Authority, as the case may require, but not to
exceed a term of five (5~ years.
13. In the event Augusta breaches this contract or any substantial condition
thereof, funding shall cease, notwithstanding that the project described in this
contract has not been completed and all support of ANIC shall be withdrawn.
IN WITNESS WHEREOF, the undersigned have caused these presents to be
executed by their proper officers and hereunto set their hands and affixed their seals,
. the day and year first above written.
AUGUSTA NEIGHBORHOOD. AUGUSTA, GEORGIA
IMPROVEMENT ~ORPORATION ~.
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As ~ary
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