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HomeMy WebLinkAboutNew Hope Community Center Sale Tax Agreement Augusta Richmond GA DOCUMENT NAME: N e lU t\ Op e' CO",,"'" U tV I T'j C- e N'I &: R.. r;:; tcf LI<:" I A>C 1+ 9 R -C6fYJE:N1 DOCUMENT TYPE: A <J R.Et5 m t:;; tV .,- YEAR: 1 ~<1<1 BOX NUMBER: '1 FILE NUMBER: I 4 ':2 Y ~ NUMBER OF PAGES: } 0 i - j r ASSIGNMENT The within and foregoing Special Purpose Local Option Sales Tax Agreement between Augusta, Georgia and New Hope Community Center, Inc. is hereby assigned to the Augusta Housing & Neighborhood Development Department, who shall fulfill Augusta's obligations under the foregoing Agreement. ~~~ dS t>r if.. . __-~c~~lf dayof ~/ ff c.,"~ ....o...."oo~+ p..::, 0" "0 ~. ~~ p c; ~. ..- .... ~ I'A tf~.... . .'c "o..t." " "t: &'\';~; "'" Q .... ~ .. ."F, e . ~ p: . e I~"''' : ~ ~ ..:>: " . :::i ~ . ,... t'f') tjJ . . " ~ rli<;'~. 'l~1 I'A . EST. .. ill ~A .. 1996 .. "" '1'/>.. .. "" "'~Io. .......... - A IT .~\\ GeORG\\l- _-- . \ ~ I ,1999. By: rf As its Mayor ~ ~- j" , . . STATE OF GEORGIA RICHMOND COUNTY AGREEMENT THIS AGREEMENT made and entered this ~ day Of~ between Augusta, Georgia, acting by and through the Augusta- 1991, Richmond County Commission, a political subdivision of the State of Georgia (hereinafter referred to as County), and NEW HOPE COMMUNITY CENTER, INC. (hereinafter referred to as the "Organi za tion") ; 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, 1996; 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"; 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 Tax; and WHEREAS, the Augusta-Richmond County Commission desires to contract with the above named Organization to construct the capital outlay project identified herein as the New Hope Project 1 ; " (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"; 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: $250,000.00 for the calendar year 1998. 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 also agrees to the special terms and conditions set forth in Attachment "A". The Organization shall not use any portion of distributions received from the County for any expense other 2 ," than for capital costs associated with construction of the Project. No costs of the 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 bank account and fund 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 in accord with generally accepted accounting principles 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 3 i~ 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 that 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 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 presentation of verified invoices. 8. The Organization will maintain the following 4 .. 7" insurance during the performance of the Contract: A. Comprehensive General Liability Insurance in force a t 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 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 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 5 . . ,"'_ ,J authorized officers of each of the parties hereto. Breach of contract with respect to any of the terms or with respect to the use of funds shall terminate the County's obligation under this Agreement; shall terminate the County's obligation for the payment of any future funds; and shall entitle the Parties to all remedies provided by law. IN WITNESS WHEREOF, the County and Organization have caused these presents to be executed by their respective duly authorized officials, the day and year first above written. uJP B: ~y ~ As its Mayo ~~~ Cle k ORGANIZATION: 6 . . . ..~ . ;. -, I~.~J PAINE LIITLE LLP ----. . '. ). Attorneys at Law Suite 220 - Lafayette Center 945 Broad Street Augusta, Geol'ila 30901 TRAVERS W. PAINE III Telephone (706) 828-S000 Facsimile (706) 828-5001 Email tpaine@earthllnk.net December 28, 1998 Charles R. Oliver, CPA, PE Administrator Augusta-Richmond County Commission-Council 530 Greene Street, Suite 801 Augusta, Georgia 30911 Re: New Hope Community Center, Inc. Request for allocation of SPLOST funds Dear Mr. Oliver: This letter is written on behalf of the Board of Directors of New Hope Community Center, Inc. ("New Hope"), for the purpose of amending my letter of December 11, 1998, to now request the allocation of $250,000 in Special Purpose Local Option Sales Tax ("SPLOST') funds for capital improvements to New Hope property (the "Project") as more specifically described below. New Hope has begun an extensive long-range plan to repair and renovate the Property at 1336 Conklin Avenue (the red brick building traditionally known as Bethlehem Community Center). Through full utilization of the Property and with the support and encouragement of the Church, New Hope intends to accomplish the original mission and goals of Bethlehem Community Center, under the new name of New Hope Community Center. The building restoration plan generally consists of the following: Complete exterior and interior renovation of this historic building, which was the first such community center built in the United States. The building renovation will involve development of a restoration/construction design plan for improvement of electrical, plumbing and mechanical systems, with electronic and ADA modernization and restoration within compliance of applicable historic guidelines. In addition to the improvement to the general office space and meeting rooms, the building will receive a complete kitchen renovation to meet current code requirements, an area for a Computer Literacy and Play Station Program (which will involve renovation of a 2~t\1~ll"' "/\" -r"o S'PLoS,. ^"c;,~atT - ...... ~ J L substantial portion of the building in a manner to accept high-tech equipment and computers), and renovation of the block building for the Haven of Help (nursery) project (for delivery of drug addiction, prostitution, related violence, unwed/teen pregnancy mothers, self esteem and social skills programs). Total funding request. . 0 0 . . . 0 0 . . . . 0 . . 0 . 0 . $250,000 This letter is submitted for the consideration and approval of the finance committee and full commission-council. We appreciate your careful consideration of this funding request and ask that you please contact me directly if you have any questions. j TWPIII/cjc xc: Mayor Lany Sconyers Hon. Lee Beard Hon, Freddie Lee Handy Hon, Stephen E. Shepard Hon. Richard Colclough Hon, Hemy H. Brigham Hon, James B. Powell Hon. Jeny Brigham Hono Uhner Bridges Hon. William H. Mays ill Hon, Bill Kuhlke, Jr. Board of Directors of New Hope James B. Wall, Esq. Roger M. Whiteman, Esq, Rev. Richard W. Pease, M,S.W. Ms. Patricia Brown Ms. Connie 1. Takamine Ms, Gwendoline E. DeSantos C:\CAJ\CORPS\NEWHOPElSPLOST Reque:s112-28-98 AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY ATTORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: Jwall15391@aol.com ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM RICHARD 1. COLCLOUGH FREDDIE 1. HANDY WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS. III 1. B. POWELL STEPHEN E. SHEPARD LEE BEARD Mayor Pro Tern CHARLES R. OLIVER, P E, CPA Administrator June 10, 1999 Ms. Lena Bonner Clerk, Commission 8th Floor, City-County Bldg. Augusta, GA 30911 RE: Assignment of SPLOST Agreements to Augusta Housing and Neighborhood Development Department Beulah Grove and New Hope Dear Lena: Enclosed please find the original Assignments of Beulah Grove Community Resource Center and New Hope Community Center. Please include these in the City's permanent records. With best personal regards, I am Yours very truly, ~ James B. Wall JBW/sjp Enclosures