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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 \ ~ .- NUMBER OF PAGES: :J .,. 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 . ''i'-',', ....-, 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 . '>- . 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 .'? '\ .. 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". 7" . _ ~.' -, 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 ~ " ,. ~. c, 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 ~. ~*::i co/~-C . ~y: A: (its Mayo~~ C AByTI: ES~o.:jt~ .... .... J ByrMnl.: i ~ ~ As ~ary Title: