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HomeMy WebLinkAboutSoutheastern Natural Science Academy I Augusta Richmond GA I DOCUMENT NAME: ,:5:=0..-*:),' e~-e rr, DCl.tu. rCl\ 0C" e I'\ee Acodern ~ - ' DOCUMENT TYPE: A C\:,ee..n.~e.rtt ~'.., I YEAR: 0 L BOX NUMBER: Il FILE NUMBER: t G 5 I Or NUMBER OF PAGES: Co " \' - i' AGREEMENT .. ... ~ THIS AGREEMENTmacle this :{U ~t..,. ,2002'between.Augusta-Richmond County (City) and the SoutheastemNatural Sciences Academy (Academy). WITNESSETH THAT: WHEREAS, the City has entered an agreement with the Department of Natural Resources, Wildlife Resources Division, State of Georgia (Department) to receive a $15,000 grant for partial funding of work described in Exhibit "A", project proposal, which is attached hereto and made a part thereof; and WHEREAS, the City wishes to enter an agreement with the Academy whereby the Academy would perform the work described in Exhibit "A": NOW, THEREFORE, the City and the Academy in consideration of mutual promises and benefits flowing to the parties hereto as hereinafter stated agree as follows: ARTICLE I. OBJECT OF WORK.. The Academy agrees to perform all funded services and deliver all funded items set forth in Exhibit "A" project proposal; ARTICLE II. PERIOD OF PERFORMANCE. The work should corruhence on the date of this agreement as set forth above and continue through March 21, 2003. ARTICLE III. FUNDING. ACCOUNTING. AND PAYMENTS. The Academy shall perform the work set forth in Exhibit "A" and then submit an invoice to the City for an amount not to exceed $15,000 upon completion of the project. The invoice shall provide sufficient detail to detennine that the work described in Exhibit "A" has been completed and that the total project cost has exceeded $30,000. The City will then submit this invoice for payment by the Department pursuant to the contract between the Department and the City. When payment is made by the Department to the City, then the i' ';. City will make payment to the Academy. In no case shall the City be responsible for reimbursement of costs for which the City is not compensated by the Department. At any time prior to three years after payment is received by the Academy, the Academy shall have made such audit of the books and records of the Academy as the City deems proper in accordance with the provisions of this contract. ARTICLE IV. KEY PERSONNEL TECHNICAL DIRECTOR. AND CONFERENCES. a) Supervisor. Performance under this agreement will be under the supervision of George Patty, Executive Director, Augusta-Richmond County Planning Commission. Any modification of the scope of work provided for in Exhibit" A" must be approved by Mr. Patty. b) Project Conferences. Project conferences may be held at the request of the Department or the City. The Academy shall attend such conferences and provide the opportunity to review and evaluate work progress. At any time that the Supervisor feels that progress of the project is not consistent with Exhibit "A", this Contract, or the Contract between the City and the Department, the Academy shall do whatever is necessary to resolve the discrepancy. ARTICLE V. TERMINATION. It is the intent of the parties hereto that this contract will not be terminated prior to completion. In the event termination becomes necessary in the best interest of the City, the Supervisor may terminate the contract at any time giving the Academy notice in writing. The Academy shall, unless the notice directs otherwise, immediately discontinue all work and placing of all orders for materials, facilities and supplies in connection with this contract and shall promptly cancel all 2 " ,. outstanding com.rii:itments hereunder, including all subcontracts, insofar as such commitments to subcontractors are chargeable to this contract. In the event of termination, the City shall not be responsible for the reimbursement of costs for which the City is not compensated by the Department. ARTICLE VI. APPLICABILITY AND COMPLETENESS. a) This Agreement is at all times subject to applicable to State and Pederallaws, standards, rules and regulations now existing or which may be hereafter enaced or adopted. b) The failure 0 f the City at any time to require performance by the Academy of any provision hereof, shall in no way affect the right of the City thereafter to enforce the same, nor shall the waiver by the City of any breach of any provision thereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. c) The parties hereto certify that the law containing the act prohibiting full-time appointive officials and employees of the State from engaging in certain transactions affecting the State, as defined in a.c.G.A. 45-10-20 through 45-10- 28, has not and will not be violated in any respect in regard to this Contract. d) . If the Academy is a nonprofit corporation, as defined in O.C.G.A. 50-20-2, then the Academy agrees to comply with the provisions ofO.C.G.A. 50-20-1, et.seq., and in particular the requirements of O.c.G.A. 50-20-3, and with such further instructions and requirements as the State of Georgia may subsequently require in the implementation of said provisions. 3 " .... ARTICLE VII. DRUG-FREE WORK PLACE. The Academy certifies that: 1) A drug-free workplace will be provided for the contractor's employees during the performance of this contract; and 2) It will secure any subcontractor hired to work in a drug-free workplace the following written certification: "As part of the subcontracting agreement the contractor certifies to the subcontractor that a drug-free workplace will be provided for the employees during the performance of this contract pursuant to paragraph 7 of subsection B of Code Section 50-24-3. Contractor may be suspended, terminated, or debarred if it is determined that: 1) The Contractor has made false certification herein above: or 2) The Contractor has violated such certification by failure to carry out the requirements of Official Code of Georgia Section 50-24~3. ARTICLE VIII. Neither part of this agreement shall discriminate because of race, color, sex, creed, national origin, age, religion, veteran status or disability in the performance of duties described herein. ARTICLE IX. This contract represents the sole and complete understanding of the terms of this Agreement between the parties hereto and may be amended, changed or modified only by a written document signed by the parties hereto. 4 ;h.. _-.- ~' - ,. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be given effect on Bob Young, Mayo FEI No. 58-22042 4 Date of Signature: /J~. ~A+ '~s: SOUTHEASTERN NATURAL SCIENCES ACADEMY By: ~ 5?~ c- Date of Signature: iv/2>f/c2 , . Witness: 1~.hOlClhLO NQY1l-t1'\..<A ~. 5 --' Office of The Clerk of Commission ,.. Lena J. Bonner, CMC Clerk of Commission NanCY Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Mr. George Patty, Executive Director ARC Planning Commission FROM: Lena J. Bonner, Clerk of Commission DATE: October 14, 2002 SUBJECT: Contract Please have the enclosed contract executed by the Southeastern Natural Science Academy, which was approve by the Augusta Commission on October 3, 2002. Retain a photocopy for your files and return the original to the Clerk's Office for the City's official file. Should you have any questions or need any additional information, please feel free to call. Thank you. Enclosure: Contract