HomeMy WebLinkAboutGreater Augusta Arts Council (3)
Augusta Richmond GA
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Phase IV
May 14, 2001
STATE OF GEORGIA
RICHMOND COUNTY
AGREEMENT
THIS AGREEMENT made and entered this /iblday of ~,
2001, between Augustaf 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 the GREATER
AUGUSTA
ARTS
COUNCIL
(hereinafter
referred
1::0
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 proj ects consisting of
recreational, cultural, and historical facilities"; and
WHEREAS, the Augusta-Richmond County Commission desires
to contract with the above named Organi za tion to construct the
capital outlay project identified herein as the Greater Augusta
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Phase IV
May 14, 2001
Arts Council Project (hereinafter referred to as "Project"), 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 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 proj ect, which Proj ect,
including the Project Budget, is more specifically described on
Exhibit A attached hereto and incorporated herein.
3. The Organization warrants and represents that the
estimated maximumco'st 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
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Phase IV
May 14, 2001
Organization for personnel or indirect cost of the Organization
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
eveTy 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
expendi tures of the Organization for the proj ect 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
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Phase IV
May 14, 2001
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 ~nd 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
maqe 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
Organization shall provide proof of other funding sources. All
other payments to the Organization shall be made only upon
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Phase IV
May 14, 2001
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 insuri=mce 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 proj ect 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
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May 14, 2001
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 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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Phase IV
May 14, 2001
authorized offi~ials, the day and year first above written.
COUNTY
~.ET:~~
C e k
ORGANIZATION:
GREATER AUGUSTA ARTS COUNCIL
By: {?l1~ ~
As its .Exec.- . I r
AZ~~
As . ts 51 ~-r
7
Greater Augusta Arts CounclI
Post Office Box 1776
Augusta, Georgia 30903
(706) 826-4702
Fax (706) 826-4723
Exhibit A
Use of SPLOST funds
The Greater Augusta Arts Council has formed a Performing Arts Center
Committee comprised of, Board Members, Community Leaders, and Executive
Directors of local Arts Organizations. We propose to use the SPLOST funds to
hire a consultant/consulting firm to work with this committee and local
organizations including: The City of Augusta, Richmond County Board of Ed.,
Augusta State University, The Augusta Library and Augusta Technical College, to
put together a plan for the Center. Travel to existing Performing Arts centers will
be involved.
Some points we hope to establish:
.
Need
Description of proposed facility
Management and operation
Management authority
Anticipated Facility users
Operational strategies and considerations
Capitalization and financial plan
.
.
.
.
.
.
We will work to ensure we complement any resear'ch currently underway, utilizing
these funds to get the most comprehensive plan possible.