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
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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
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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.
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By:
rf As its Mayor
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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
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(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
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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
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to the performance of any contract awarded, or to be bid upon, or
to be awarded, by the Organization for this Project.
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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
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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
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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.
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ORGANIZATION:
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PAINE LIITLE LLP
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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
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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.
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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