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HomeMy WebLinkAboutEast Central Georgia Regional Lidrary Augusta Richmond GA DOCUMENT NAME: e.o.."2>\- c.crm-O:.\ ge..cx~ \0.. '(et:O \O\\OJ-..- \ \'OY(l'(3 DOCUMENTTYPE:~~~ YEAR: t) \ BOX NUMBER: \l..\ FILE NUMBER: \~"1 \1 NUMBER OF PAGES: 8 " ,. -. 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 1 , 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 2 . 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 3 . 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. 4 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 5 " 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 6 . .. .. 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)