HomeMy WebLinkAboutEast Central Georgia Regional Lidrary
Augusta Richmond GA
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Phase IV
June 28, 2001
STATE OF GEORGIA
\
RICHMOND COUNTY
AGREEMENT
THIS AGREEMENT made and entered this cJ..tJ!-day of /tJue/1lIJEi-,
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 EAST CENTRAL
GEORGIA REGIONAL
LIBRARY
(hereinafter
referred
as
the
to
"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
held on September 19, 2000, effective January 1, 2001; 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 Proj ects s 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 ects identified herein as the East Central
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,
Phase IV
June 28, 2001
Georgia Regional L~brary proj ects (hereinafter referred to as
"Projects"), which 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 Projects,
to-wit:
Materials for new facilities:
$100,000.00 for the calendar year 2001;
$100,000.00 for the calendar year 2002;
$200,000.00 for the calendar year 2003;
$200,000.00 for the calendar year 2004; and
$400,000.00 for the calendar year 2005.
South Augusta Branch:
$1,625,000.00 for the calendar year 2002.
Main Branch:
$1,500,000.00 for the calendar year 2002;
$1,000,000.00 for the calendar year 2004; and
$4,875,000.00 for the calendar year 2005.
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 Projects, which Projects,
including the Projects Budget, is more specifically described on
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Phase IV
June 28, 2001
Exhibit A attached hereto and incorporated herein.
3. The Organization warrants and represents that the
estimated maximum cost of the Projects 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 Projects.
No costs of the
Organization for personnel or indirect cost of the Organization
I
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
Projects during the term of this contract, including any amount
expended on such proj ects in the then current year, and the
estimated percentage of completion of said Projects.
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 Projects sufficient to
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Phase IV
June 28, 2001
determine that the monies are being spent for the Projects, 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 Projects. The County shall also have the right to
inspect the Projects 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 Projects.
5.
The
County's
financial
obligation
to
the
Organization or to fund the construction of said Projects 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.
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Phase IV
June 28, 2001
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 Projects 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.
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
Projects.
B. Prior to the commencement of work, the Organization
will provide the Augusta-Richmond County Commission with a
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Phase IV
June 28, 2001
certificate of in~urance 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 ects 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.
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 fOT 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
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Phase IV
June 28, 2001
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
authorized officials, the day and year first above written.
COUNTY
tJL/~Y:
I~ As its Mayo
A~~
Cle k
ORGANIZATION:
EAST CENTRAL GEORGIA REGIONAL
LIBRARY
By: a-g7S:d.~~/r
As 1 t s Chairman of Board ~
u
7
AUGUSTA-RICHMOND COUNTY PUBLIC LIBRARY
GARY SWINT
DIRECTOR
902 GREENE STREET
AUGUSTA, GEORGIA 30901-2294
(706) 821-2600 . FAX (706) 724-6762
Exhibit A
DESCRIPTION OF PROJECTS
The Phase IV SPLOST monies allocated for the East Central Georgia Regional
Library will be used for two new buildings in Richmond County, One is a South Augusta
Branch to be located in the Diamond Lakes Regional Park. It will be a joint facility
shared with the Augusta Recreation Department. The other building will be a new
Headquarters Library to be located in downtown Augusta.
Of the total of $1 0,000,000 approved, $1,000,000 is to be used for materials as
outlined in the Agreement between Richmond County and the Library. This is to purchase
books, audio and video tapes to be placed in the new libraries.
$1,625,000, allocated in calendar year 2002 for the South Augusta Branch, will be
combined with $700,000 carryover from SPLOST Phase III. The combined figure of
$2,325,000 is projected as the total cost for building and furnishing the Library's portion
of the Diamond Lake facility.
$7,375,000 is earmarked for a new Main Branch Library. $1,500,000 will be used
in 2002 to purchase a site and develop a building program. $1,000,000 in 2004.and
$4,875,000 in 2005 is for architectural fees and actual construction. It is hoped that an
additional $7,000,000 to $10,000,000 will be raised through grants and private donations.
This would bring total project cost to between $14,000,000 and $18,000,000 depending on
the amount the library receives in donations,
PROJECT
SPLOST FUNDING OTHER FUNDING TOTAL COST
PHASE N
Materials for Facilities
$1,000,000
$1,000,000
$2,000.000
South Augusta Branch
$1,625,000
$ 700,000 $2,325,000
(Phase III Carryover)
Main Branch
$7,375,000
$7,000,000+ $14,375,000+
(Grants + Donations)