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HomeMy WebLinkAboutNSC Discovery Center Augusta Richmond GA DOCUMENT NAME: N SC UI' Se00 e YLj Q.ej\W DOCUMENT TYPE: G 5 (U rNWl t YEAR: I qq (0 BOX NUMBER: I FILE NUMBER: ) ~ U 7L/- NUMBER OF PAGES: l.y ..t- _. J STATE OF GEORGIA RICHMOND COUNTY AGREEMENT ~f /~ THIS AGREEMENT made and entered this / /' day of f'//~ ' 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 NSC Discovery Center, Inc. (hereinafter referred to as the "Organization") i 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 1, 1996i 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"i 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 Taxi and WHEREAS, the Augusta-Richmond County Commission-Council desires to contract with the above named Organization to construct 1 . . the capital outlay proj ect identified herein as the National Science Center proj ect (hereinafter referred to as "Proj ect") , 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"i 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: $1. 5 million for the calendar year 1996i $ -0- for the calendar year 1997i $ -0- for the calendar year 1998i $ -0- for the calendar year 1999i 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 6f 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 Project. 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 proj ect during the term of this contract, including any amount expended on such proj ect 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 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 has previously contracted with Beers Construction Company for this Project, which has posted a payment and performance bond. Therefore, County shall make payment directly to the Organization who shall certify that the funds are used in accordance with the terms hereof. 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 4 ",.J .. 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, 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. The Organization will provide the Augusta-Richmond County Commission-Council with a certificate of lnsurance evidencing the above coverage and as well as showing the Augusta- Richmond County Commission-Council as "additional insured". 9. This Agreement constitutes the entire agreement between the parties as to the matters described hereirt 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 5 .. authorized officials, the day and year first above written. COUNTY ATTEST: As its 6 ~ , " STATE OF GEORGIA RICHMOND COUNTY AGREEMENT THIS AGREEMENT made and entered this /ifday of ~, by and througn the 1996, between Richmond County, Georgia, acting Augusta-Richmond County Commission-Council, a political subdivision of the State of Georgia (hereinafter referred to Augusta-Richmond County), and NSC Discovery Center, Inc. (hereinafter referred to as the "Organization") i 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 1, 1996i 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 re~reational, 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 IS, 1995, which identified certain historical and cultural improvements to be funded by said Taxi 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 National Science Center proj ect (hereinafter referred to as "proj ect") , 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"i 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: $1. 5 million for the calendar year 1996i $ -0- for the calendar year 1997i $ -0- for the calendar year 1998i $ -0- for the calendar year 1999i 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 Project. 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 in the then current year, and the esti~ated 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 has previously contracted with Beers Construction Company for this Project, which has posted a payment and performance bond. Therefore, County shall make payment directly to the Organization who shall certify that the funds are used in accordance with the terms hereof. If the total proj ect 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 4 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, inc.luding Products/Completed Operations, 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 ln'the Project. B. 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. 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 WHEI\EOF, the County and Organization have caused these presents to be executed by their respective duly 5 , . authorized officials, the day and year first above written. ORGANIZATION: ~ ../" ~,' - '/ k: -~~' .' - As s ~6!;',;.r-LfJ ATTEST: As its 6 ~ i " Augusta-Richmond County, Georgia CPB#57-8637-096 CAPITAL PROJECT BUDGET NATIONAL SCIENCE CENTER FORT DISCOVERY BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following capital project budget is hereby adopted: Section 1. The project authorized is for Augusta-Richmond County's participation in the design and construction of the National Scien~e Center's Fort Discovery located at One Seventh Street along the Savannah River. The Natio~al Science Center's Fort Discovery is a hands-on science center, housing over 250 interactive exhibits focused on communications, electronics, computers, and technology, In addition, FOli Discovery will house four classrooms for workshops and seminars, a computer lab, a much-expanded Teacher Resource Center, a store, a restaurant, a technology theater and serve as a launchpad for educational programs that will serve students across the Central Savarmah Region Area, Georgia and the nation. Fort Discovery will serve all of the county's constituents, including adults, children, families, minorities, the disadvantaged and the physically challenged through workshops, special programs, after-school programs, staff development, science and math summer camps, and the opportunity to experience science and math in creative and exciting new ways, The required funding to meet the project budget was $38 million, A gift of the facility valued at $20 million and $10 million from the State of Georgia for the exhibits boosted this project. A gift from the City of Augusta of $1.5 million and a commitment from Augusta-Richmond County has brought the required funding below $5 million to be given from private sector partners. The amount of participation from Augusta- Richmond County is $1,500,000 and is to be funded by Special 1 % Sales Tax, Phase III as this project is on the approved list. Section 2, The following revenues are anticipated to be available to the Commission Council to complete the project: Special I % Sales Tax, Phase ill Adopted this.J. . $1,500,000 day of IJf} ~ pproved: ,1996. .~. ~ APPROVED 1 MAY 7 19961 (AUGUSTA-RICHMOND COUNTY COMMISSION) I ___~__ III" _"---"