HomeMy WebLinkAboutSecond Amendment Contract Between Augsta Metropolitan Convention & Visitors Burea ,Inc.
Augusta Richmond GA
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YEAR: \ ct q <6
BOX NUMBER: '7
FILE NUMBER: l (.} Il 3
NUMBER OF PAGES: 10
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JanUlIry 5. 1998
SECOND AMENDMENT TO PROFESSIONAL
SERVICES CONTRACT BETWEEN
AUGUSTA METROPOLITAN CONVENTION
AND VISITORS BUREAU, INC. AND
AUGUSTA, GEORGIA
THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES CONTRACT
BETWEEN AUGUSTA METROPOLITAN CONVENTION AND VISITORS BUREAU, INC.
AUGUSTA, GEORGIA is entered into as of the 1st day of March, 1998,
by and between the Augusta Metropolitan Convention and Visitors
Bureau, Inc. (the "AMCVB") and Augusta, Georgia, acting by and
through the Augusta-Richmond County Commission ("AUGUSTA").
WHEREAS,
the parties
certain
entered
into
that
Professional Services Contract effective December 3, 1996, which
Contract was amended by a First Amendment approved by AUGUSTA on
October 21, 1997 (collectively, the "Contract"); and
WHEREAS, the Contract provides that AUGUSTA shall pay to
the AMCVB not less than forty (40%) percent of all monies collected
from its hotel-motel tax levied pursuant to O.C.G.A. ~ 48-13-50, et
seq" plus the sum of One Hundred Twenty-five Thousand and nO/lOa
($125,000.00) Dollars per annum, to be paid in equal monthly
installments; and
WHEREAS, the parties desire to amend said Contract to
provide for the additional hotel-motel tax to be collected under an
Ordinance attached hereto as Exhibit A, and to provide criteria for
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JllInullIry 5. 1999
entities to receive monies from said additional taxi and to provide
for a Committee to determine eligibility for such additional taxi
NOW, THEREFORE, for and in consideration of the mutual
covenants and promises contained herein, and other good and
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto intending to be legally
bound, do hereby agree and amend said Contract as follows:
l. Section 3.l of the contract is hereby deleted in its
entirety and the following substituted therefor:
3.l
(a)
In consideration of the professional
services to be performed by the AMCVB under the terms of
this Contract, AUGUSTA shall pay to the AMCVB not less
than thirty-three and one-third percent (33 l/3%) of all
monies collected after the effective date of the increase
in its hotel-motel tax to six percent (6%) levied
pursuant to O.C.G.A. 48-l3-50 et seq. for each year or
portion of year thereafter, plus the sum of One Hundred
Twenty-Five Thousand and nO/lOO Dollars ($125,000.00) per
annum from revenues from the taxes on the sale of mixed
drinks, to be paid in equal monthly installments.
AUGUSTA shall make said payments to AMCVB monthly on or
before the l5th day of each month and on a like day each
month during the term of this Agreement, commencing on or
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Jemuary 5, 1998
before the l5th day of January, 1997,
(b) Notwithstanding any prior provision of
this Agreement, it is hereby understood and agreed that
the AMCVB shall be paid the sum of $l25, 000.00 for
calendar year 1997 (in addition to the hotel-motel tax
monies for said year). An adjustment shall be made, as
necessary to effectuate this provision, as to any
wholesale beer and/or mixed drink taxes previously paid
to AMCVB during calendar year 1997, and such adjustment
shall be made as to the December, 1997 payment.
2. Said Contract is further amended by adding the following
paragraphs, to-wit:
3.5. In addition to the monies paid to the AMCVB
under Section 3.1 hereof, such hotel-motel tax monies
paid by AUGUSTA to the AMCVB, after the effective date of
the increase in its hotel-motel tax to six percent (6%),
levied pursuant to a.C.G.A. 48-13-50 et seq. for each
year or portion of year thereafter, shall be distributed
pursuant to the following criteria, as determined by a
Committee to be composed of the Mayor Pro-Tern of Augusta
as an ex-officio voting member, the two Commissioners who
are members of the Board of Directors of the AMCVB, and
four members of the AMCVB Board of Directors appointed to
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January S. 199B
said Committee annually by said Board, one of whom shall
be the Chairman of the AMCVB Board and one shall be the
representative of the hotel/motel industry. The term of
Mayor Pro-Tern shall be as provided in the Consolidation
Act; the term of the Commission representatives shall be
for a term of two years as set forth in the By-Laws of
the AMCVB; the terms of the two members of the AMCVB
Board, other than the Chairman and the representative of
the hotel/motel industry, shall be for one year and
shall be selected annually; the term of the
representative of the hotel/motel industry shall be for
a term concurrent with his term on the AMCVB; and the
term of the Chairman shall be for one year:
(a) All funds to be distributed to a
qualifying entity pursuant to this section must be
pursuant to a detailed application and contract for such
funds, approved and signed by the applicant and the AMCVB
prior to distribution of any funds.
(b) To qualify as an eligible entity, such
organization must represent an ongoing, sustainable
activity, as determined by the above referenced
Committee, and must be recognized as not for profit by
the Internal Revenue Service. The ongoing, sustainable
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January 5, 1998
activity may be an attraction, association, organization,
or a governmental or quasi-governmental entity.
(c) Grant Contracts must be used for marketing
and other qualified expenses directed toward increasing
hotel/motel room nights and towards bringing people to
Augusta from outside the metropolitan area. Such Grants
may not be used (1) for capital expenditures; (2) as
interest or the reduction of deficits or loans; (3)
projects restricted to private or exclusive
participation, other than certain grand and pre-opening
expenses; or (4) for scholarships, endowments, or cash
awards of any description. Further, no qualified entity
may serve as a fiscal agent for a non-qualified entity.
(d) Applicant should be able to demonstrate
the ability to execute its project without depending on
continued financial assistance from these funds. It
should be the intention of the organization seeking funds
to be self-sustaining.
(e) Funds may be authorized through a contract
for not more than five (5) years, or annually, based upon
qualifications.
(f) An annual audit by a qualified independent
accounting firm, or by a qualified government auditor, is
required for each Grant, and for each year during the
Grant.
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January 5, 1998
3. All other provisions, terms and conditions of the
Contract remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals as of the day and date first above written.
AUGUSTA, GEORGIA by and through
the Augusta-Richmond County
Comm's n
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Thill doCImtnt applO'led as
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[SEAL].'
AUGUSTA METROPOLITAN CONVENTION
AND VISITORS BUREAU, INC.
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By
As ltS: C i-ll~\(tN\~
.~ ATTEST:
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.~at~retarY
[SEAL]
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ORDINANCE NO. S797
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AN ORDINANCE TO AMEND AUGUSTA-RICHMOND COUNTY
CODE SECTION 2-2-27; TO PROVIDE FOR AN EXCISE
TAX AT THE RATE OF SIX (6%) PERCENT; TO AMEND
AUGUSTA-RICHMOND COUNTY CODE SECTION 2-2-32; TO
PROVIDE FOR THE USE OF THE HOTEL AND MOTEL TAX;
TO PROVIDE AN EFFECTIVE DATE; TO REPEAL
CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION, AND
IT IS HEREBY ORDAINED BY AUTHORITY OF SAME AS FOLLOWS:
Section 1. Augusta-Richmond County Code ~ 2-2-27 is hereby
amended by striking said section in its entirety, and substituting in
lieu thereof the following, to-wit:
S 2-2-27.
LEVIED; AMOUNT.
There is hereby levied and imposed an excise tax at
the rate of six percent (6%) of the charge to the public
for and upon the furnishing for value to the public of
any room or rooms, lodging or accommodations furnished
by any person or legal entity within Augusta-Richmond
County operating a hotel, motel, inn, lodge, tourist
camp, tourist cabin or other place in which rooms I
lodging or accommodations are regularly furnished for
value. Such tax shall not include the sale or charges
for any rooms, lodgings or accommodations furnished for
a period of more than ten (lO) consecutive days, or for
the use of meeting rooms.
Section 2. Augusta-Richmond County Code ~ 2-2-32 is hereby
amended by deleting said section in its entirety, and substituting in
lieu thereof the following, to-wit:
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~ 2-2-32.
DISTRIBUTION OF PROCEEDS.
(a) Sixteen and two-thirds percent (16
2/3%) of the hotel-motel excise tax imposed by this
section is hereby appropriated to the Augusta-
Richmond County Coliseum Authority for the
construction and expansion of the civic center or
coliseum as provided in O.C.G.A. ~ 48-13-51 (a) (4) ,
and such proceeds from the hotel-motel tax shall be
delivered to such Authority each month.
(b) An additional twenty-three and one-third
percent (23 1/3%) of the hotel-motel excise tax
imposed by this section is hereby appropriated to
the Augusta-Richmond County Coliseum Authority for
the support, construction and expansion of the
civic center or coliseum as provided in O.C.G.A. ~
48-13-51 (a) (4), and such proceeds from the hotel-
motel tax shall be delivered to such Authority each
month.
(c) An additional ten percent (10%) of the
hotel-motel excise tax imposed by this section is
hereby appropriated to the Augusta-Richmond County
Coliseum Authority for the support of the civic
center or coliseum as provided in O.C.G.A. ~ 48-13-
51 (a) (4), and such proceeds from the hotel-motel
tax shall be delivered to such Authority each
month.
(d) Thirty-three and one-third percent (33
1/3%) of the hotel-motel excise tax imposed by this
section is hereby appropriated to the Augusta
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Metropolitan Convention and Visitors Bureau, Inc.
(e) An additional sixteen and two-thirds
percent (16 2/3%) is hereby appropriated as
follows:
(i) For calendar year 1998, the full
amount shall be paid to the Augusta-Richmond County
Museum;
(ii) For calendar year 1999, Three
Hundred Thousand Dollars ($300,000), to be paid in
twelve (12) equal monthly payments, shall be paid
to the Augusta-Richmond County Museum and the
balance shall be paid to the Augusta Metropolitan
Convention and Visitors Bureau, Inc., to be used
solely as provided in subparagraph (f) hereof;
(iii) For calendar year 2000, Two
Hundred Thousand Dollars ($200,000), to be paid in
twelve (12) equal monthly payments, shall be paid
to the Augusta-Richmond County Museum and the
balance shall be paid to the Augusta Metropolitan
Convention and Visitors Bureau, Inc., to be used
solely as provided in subparagraph (f) hereof;
(iv) For calendar year 2001, One Hundred
Thousand Dollars ($100,000), to be paid in twelve
(12) equal monthly payments, shall be paid to the
Augusta-Richmond County Museum and the balance
shall be paid to the Augusta Metropolitan
Convention and Visitors Bureau, Inc., to be used
solely as provided in subparagraph (f) hereof;
(v) For calendar year 2002 and each
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year thereafter, said amount shall be paid to the
Augusta Metropolitan Convention and Visitors
Bureau, Inc., to be used solely as provided in
subparagraph (f) hereof.
(f) Amounts paid to the Augusta Metropolitan
Convention and Visitors Bureau, Inc. pursuant to
subsections (e) (ii) through (e) (v) hereof shall be
used solely as provided in the contract between the
Augusta Metropolitan Convention and Visitors
Bureau, Inc. and Augusta, Georgia.
Section 3.
This ordinance shall become effective on the
first day of the second month following its adoption,
Section 4.
All ordinances or parts of ordinances in
conflict herewith are hereby repealed,
Duly adopted by the Augusta-Richmond County Commission this
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First Reading:
December 30, 1997
atht~ .:)d. /9'J g
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Second Reading
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