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HomeMy WebLinkAboutBethlehem Community Center Augusta Richmond GA DOCUMENT NAME be.. th ) eheM [()vrlrY'un:1:J U h ley DOCUMENT TYPE: 0. 9 rttJ'tV.,{J! YEAR: J990J BOX NUMBER: ;) FILE NUMBER: I d- <t 9~ NUMBER OF PAGES: Co " STATE OF GEORGIA RICHMOND COUNTY AGREEMENT THIS AGREEMENT made and entered this ~ day of ~ 1996, between Richmond County, Georgia, acting by and through the Augusta-Richmond County Commission-Council, a political subdivision of the State of Georgia (hereinafter referred to Augusta-Richmond County), and Bethlehem Community Center, Inc. (hereinafter referred to as the "Organizationll); 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 I, 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 projects 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-Council desires to contract with the above named Organization to construct 1 the capital outlay project identified herein as the Bethlehem Community Center 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"; 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: $286,000.00 for the calendar year 1996; $302,194.00 for the calendar year 1997; $ -0- for the calendar year 1998; $ -0- for the calendar year 1999; and $ -0- for the calendar year 2000, 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. 2 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 associated with construction of the proj ect. 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 3 .- ..; 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 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 4 .,. Organization shall provide proof of other funding sources, All other payments to the Organization shall be made only upon presentation of verified invoices. 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-Council with a certificate of insurance evidencing the above coverage and as well as showing the Augusta-Richmond County Commission-Council as "additional insured". 9. All contracts between the contractor to construct the proj ect shall County for approval, and shall contain Organization and be submi t ted to a provision that the the the 5 .. contract shall not be valid and binding upon the Organization until approved by the Augusta-Richmond County Commission-Council, 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: ATTEST: #JL As its 14cJ.4 6