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:
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STATE OF GEORGIA
RICHMOND COUNTY
AGREEMENT
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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
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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.
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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
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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
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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
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authorized officials, the day and year first above written.
COUNTY
ATTEST:
As its
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"
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:
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As s ~6!;',;.r-LfJ
ATTEST:
As its
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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.
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APPROVED 1
MAY 7 19961
(AUGUSTA-RICHMOND COUNTY COMMISSION) I
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