HomeMy WebLinkAboutFore Augusta Foundation, Inc. (2)
Augusta Richmond GA
DOCUMENT NAME: -A'Q ( e.eyY\ t (\ \--
DOCUMENT TYPE: .A ~:.r e-~-\
YEAR: 1-00 \
BOX NUMBER:
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FILE NUMBER:
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NUMBER OF PAGES:
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Phase IV
May 14, 2001
STATE OF GEORGIA
RICHMOND COUNTY
AGRE:EMENT
THIS AGREEMENT made and entered this ~day of ~~1 '
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 FORE AUGUSTA
FOUNDATION, INC. (hereinafter referred to as the "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 projects 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 ect identified herein as the Fore Augusta
Project (hereinafter referred to as "Project"), which was a part of
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May 14, 2001
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 Project,
to-wit:
$100,000.00 for the calendar year 2001.
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 proj ect Budget, is more specifically described on
Exhibit A attached hereto and incorporated herein.
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.
No costs of the
Organization for personnel or indirect cost of the Organization
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May 14, 2001
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 Project
during the term of this contract, including any amount expended on
such Project in 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
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
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Phase IV
May 14, 2001
to be awarded, by the Organization for this Project.
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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 Oiganization by the County.
If the
total project 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.
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Phase IV
May 14, 2001
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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 with a
certificate of insurance 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 Project 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.
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Phase IV
May 14, 2001
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 for 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
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
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May 14, 2001
authorized officials, the day and year first above written.
AUGUST - ICHMOND COUNTY
COMMI S N
/UJ By:
L1F~' As its Mayor
MVAT~T:~
ile7fft
ORGANIZATION:
INC.
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. EXHIBIT A
I Description of Proiect
This project is a six-hole golf course, driving range, putting green, and
clubhouse/training facility. The mission of the facility is offering the opportunity
for children between the ages of 8 and 17 to learn the game of golf. Children in
the programs will also be required to take preparation for life classes.
In order to help underwrite its operating cost, the facility is also open to the public
for adult and children play, A brochure is enclosed which more fully explains the
objectives and operating procedures of The Fi.rst Tee Augusta.
II Cost ofProiect
Golf Course
Less USGA Grant
$1,852,180
25.000
Golf Course - Net
Golf Course Equipm~nt
$1,827,180
$196,220
Clubhouse/Training Facility
Sitework, Road and Parking
$448,529
$261.323
$709,852
Less Due From City of Augusta
Phase IV SPLOST
$100.000
Net
$609,852
$28.397
Office Equipment
Total Cost of P'roject
$2.661.649