HomeMy WebLinkAboutSPLOST VI OUTSIDE AGENCY AGREEMENT BETWEEN AUGUSTA, GA AND PENDLETON KING PARK FOUNDATION, INC. STATE OF GEORGIA)
RICHMOND COUNTY)
SPLOST VI OUTSIDE AGENCY AGREEMENT
This AGREEMENT made and entered into this 6th day of September, 2016,
between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter
referred to as "Augusta"), and Pendleton King Park Foundation, Inc., (hereinafter
referred to as the "Organization").
WITNESSETH
WHEREAS, the voters of Augusta, Georgia on June 16th 2009, approved the
imposition of the Special Purpose County One Percent Sales and Use Tax ("SPLOST
VI"),) and designated the use of the proceeds of said tax for certain capital outlay
projects, as defined on O.C.G.A. 48-8-111(a) and further approved a project priority
payment order in an Intergovernmental Agreement entered into by and between Augusta,
Georgia, and the municipalities of Hephzibah and Blythe; and
WHEREAS, the Augusta Commission approved SPLOST funding for certain
recreational, historical and cultural improvement capital outlay projects to be
implemented through various outside agencies as provided in guidelines adopted on
February 19th 2009; and
WHEREAS, Augusta has determined that the project described on Exhibit A (the
"Project") is beneficial to the citizens of Augusta as it provides and enhances
recreational, historical and/or cultural resources in Augusta; and
WHEREAS, Augusta has determined that is more cost effective, avoids
duplication of services and is in the best interest of Augusta and the citizens of Augusta
to contract with Organization to undertake the Project, rather than Augusta directly
constructing and operating the project; and
WHEREAS, the Augusta desires to contract with the above named organization to
construct and operate the Project, which was a part of the approved capital outlay
projects; and
WHEREAS, the sum of $200,000 from the proceeds of said tax (the "SPLOST
Funds") has been allocated to the Organization for the Project and Augusta has agreed to
advance a portion of the funds to the Organization to allow for the Project to begin upon
the satisfaction of the conditions provided below.
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements between the parties, it is agreed as follows:
SECTION 1 - APPROPRIATION AND USE OF FUNDS
1.1 Augusta agrees to appropriate the SPLOST Funds to be used by Organization on
behalf of Augusta for the purpose of constructing the Project as provided in Exhibit "A"
hereto attached and incorporated herein.
1.2 The Organization agrees to use such funds that it may receive, pursuant to this
Agreement, solely and exclusively for the construction of the above described Project;
said Project, including the Project Budget, is more specifically described in Exhibit"A".
1.3 Said disbursement to Organization is an authorized use of said proceeds, under
O.C.G.A. Section 48-111(e), as said use benefits a "cultural, recreational, or historical
facility or a combination of such purposes," and this Agreement is entered into on behalf
of and for the benefit of Augusta and Organization and also as an acknowledgement that
upon distribution of the funds by Augusta to Organization, that Augusta will have fully
met its SPLOST VI project obligation to Organization.
SECTION 2 - RESPONSIBILITIES AND OBLIGATIONS OF
ORGANIZATION
In consideration of the disbursement of the SPLOST Funds, Organization shall observe
all conditions that the law and/or this Agreement imposes on the use of said SPLOST
Funds, which shall include,but not be limited to the following:
2.1 Organization shall use said proceeds only in connection with the capital outlay
Project and only for the purposes described in Exhibit A, which is attached hereto and
made a part hereof.
2.2 Organization covenants not to use any of said funds for any part of its
maintenance and operation budget, now or in the future.
2.3 Organization will set up any and all banking accounts necessary or convenient to
segregate the account containing SPLOST Funds from its other accounts. Organization
shall keep any SPLOST Funds that it receives from Augusta in a separate account fund
and shall not commingle Augusta distributions with other funds of the Organization prior
to their expenditure.
2.4 The Organization shall maintain a record of each and every expense, in
compliance with the generally accepted accounting principles, for which the proceeds of
the tax are used. The Organization shall submit quarterly accounting reports to Augusta
for all funds that the Organization receives from Augusta. Said accounting reports shall
set forth the amounts expended on the Project during the term of this contract, which,
shall include any amount expended on such Project in that current year, and the estimated
percentage of the completion of the Project. The initial report of expenditures regarding
the Project shall be made within 10 business days of the first installment of the SPLOST
Funds being made available to Organization as provided on Exhibit "B," and quarterly
thereafter until the end of the quarter in which the project is deemed completed as
determined by the Augusta Finance Department. Quarterly reports are due within ten (10)
business days following the end of each said quarter and shall be delivered to Augusta
Finance Department, 535 Telfair Street, Suite 800, Augusta Georgia 30901 to the
attention of Mr. Tim Schroer, Deputy Finance Director.
2.5 Organization accepts the following conditions for disbursement of said funds:
A. Unless otherwise agreed by Augusta, no funds shall be made available to
Organization until such time as the tax has been collected as provided in the disbursement
schedule adopted in the Intergovernmental Agreement, and the Organization has raised a
minimum of twenty five (25%) percent of the SPLOST Funds (the "Matching Funds").
Only cash or cash equivalents raised subsequent to June 16, 2009 shall qualify as
Matching Funds. Pledges, in-kind donations or other donations or contributions will not
qualify as Matching Funds.
B. Upon the Augusta executing an acknowledgement that the minimum amount of
Matching Funds has been raised by the Organization, the Organization may expend the
Matching Funds on the Project, provided that the same recording keeping requirements as
provided in 2.4 are kept for expenditures of Matching Funds.
C. Prior to receipt of the SPLOST Funds or the expenditure of Matching Funds,
Organization shall furnish Augusta with a copy of Organization's current audited
financial statements (and annual thereafter until the Project is completed), budget, scope
of work and the projected time for completion of the work on the Project, which must be
approved by Augusta prior to starting work on the Project. In addition, Organization
must provide Augusta with a W-9, E-verify number, and SAVE Program verification
prior to SPLOST funds being distributed to Organization. Disbursement of SPLOST
Funds shall be according the schedule attached here as Exhibit"B."
D. Organization shall comply with the purchasing policies of Augusta-Richmond
County regarding the advertising for bids, the securing of bids, and payment,
performance bonds and contracting. Payments to any sub-contractor employed by the
Organization shall be made directly by the Organization, subject to Augusta's audit and
approval. If the total project costs exceed the amount funded by Augusta and the
Matching Funds, the Organization shall provide proof of other funding sources. Payments
by the Organization to sub-contractors shall be made only upon presentation of verified
invoices.
E. Organization hereby acknowledges and agrees that as the Project is to benefit the
citizens of Augusta by providing and enhancing the recreational, historical and/or cultural
resources in Augusta, the Project must be open to and available for public use. Provided
however, this section shall not preclude the Organization from charging reasonable and
ordinary fees for the use of the Project.
F. Augusta shall have the right, by and through this contract, for not less than twenty
five years of public use and availability of the facility that is the subject of this
Agreement (the "Servitude"). In the event that Organization desires to sell, dispose of or
transfer title or ownership of the Project prior to the expiration of the Servitude, then in
such event Organization shall reimburse Augusta, Georgia an amount equal to the
fraction determined by the number of years remaining on the Servitude as the numerator
and the total number of years of the Servitude as the denominator multiplied by
$1,000,000.00. (Example: if the Project is sold at the end of year 10, 15 years would
remain on the Servitude. 15/25 = .6 x $1,000,000,000 = $600,000. $600,000 would be
reimbursed to Augusta, Georgia).
2.6 The Organization will maintain the following insurance during the performance
of the Contract:
A. Comprehensive General Liability Insurance shall be maintained in force at all times
and shall include the following coverages: Products/Completed Operations and
Automobile Liability Insurance in the combined single limits of $1,000,000. This
coverage shall be intended to apply as primary and shall not be affected by any insurance
that Augusta may carry in its own name. The Organization shall maintain Workers
Compensation and Employer's Liability Insurance for the benefit of its workers. The
above requirements shall also apply to the Organization's contractors and subcontractors
who are engaged in the Project.
B. Prior to the commencement of work, the Organization will provide Augusta with a
certificate of insurance, which evidences the above coverage and names Augusta,
Georgia as an "additional insured."
SECTION 3 - RESPONSIBILITIES AND OBLIGATIONS OF AUGUSTA
3.1 Augusta enters this contract to improve the quality of life of its citizens and to
provide its citizens with additional facilities for delivery of recreational, historical and
cultural services in a more cost effective manner than it could if it were to construct and
operate similar facilities without the participation of the Organization.
3.2 Augusta and any auditors employed by Augusta shall have the right to verify and
audit the expenditures of the Organization and the Project, sufficient to determine that the
monies are being appropriately spent for the Project, in accordance with Georgia laws
that govern the expenditures of Special Purpose Local Option Sales Tax monies. Official
representatives of Augusta may inspect the official records of the Organization, which
relate to this project, at reasonable times and upon reasonable notice to the Organization.
Augusta 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
awarded, by the Organization for this Project.
SECTION 4- OBLIGATIONS OF THE ORGANIZATION AND COUNTY
4.1 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.
4.2 After approval of this contract, all contracts between the Organization and any
subcontractor shall be submitted to Augusta Administrator for administrative review. If
any irregularity or illegality appears, the Administrator may submit any such questions to
the Augusta Richmond County Commission.
4.3 This Agreement constitutes the entire agreement between the parties as to the
matters described herein and may not be amended except by a written instrument, signed
by each party's duly authorized officers.
4.4 Breach of contract with respect to any of the terms of this Agreement, or with
respect to the use of funds, shall terminate Augusta's obligations under this Agreement;
shall terminate Augusta's obligation for the payment of any future funds; and shall entitle
the Parties to all remedies provided by law.
IN WITNESS WHEREOF, Augusta and Organization have caused these presents
to be executed by their respective, duly authorized officials, on the date entered above.
AUGUSTA, GEORGIA
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Outside Agency
By:
Its: President
EXHIBIT A
ORGANIZATION: Pendleton King Park Foundation, Inc.
PROJECT: Park Interconnectivity
DESCRIPTION OF PROJECT/
SCOPE OF WORK:
The Park Interconnectivity project is a group of smaller projects designed to improve the
interconnectivity of Pendleton King Park with the citizens of Augusta. These projects listed in
prioritized order are to be performed as long as funds are available to complete:
1) ADA access throughout the improved portion of the park to include access to all gardens
and a speedtable/crosswalk for access to Bark Park across the entrance.
2) To break the connection of sediment runoff from the slopes into Lake
Elizabeth through improved collection of drainage and runoff and similar
improvements in some of the gardens in the park.
3) To re-establish the pavement on the wooded paths to allow a connection
with nature in the urban setting that is Pendleton King Park plus enhancing the
access to the park by the nearby neighborhoods.
4) Establish new parking to connect Bark Park more closely and
conveniently with its patrons.
5) Design and install new signage throughout the park to provide efficient
connection between the park features and the patrons of the park.
PROJECTED TIME OF CONSTRUCTION:
June 2016 - Publish RFPs
August 2016 - Award Contracts
September 2016 - Begin Projects
December 2016 - Complete Projects
January 2017 - Present Improvements to Public
EXHIBIT A- continued
ORGANIZATION: Pendleton King Park Foundation, Inc.
PROJECT: Park Interconnectivity
COST OF PROJECT WORK:
Total Project Budgets: $250,000
(see attached budget)
SOURCES OF FUNDING:
SPLOST Funds2: $ 200,000
SPLOST Matching Funds: $ 50,000
Total: $ 250,000
Project Budget:
Agency: Pendleton King Park Foundation
Project Name: Park Interconnectivity
Date: May 10, 2016
1)ADA Access $19,390
2)Erosion $56,000
3)Pavement $69,000
4)Parking $45,000
5)Signage $10,500
6)Engineering $35,855
7)Contingency $14,255
Total $250,000
I See attached budget.
2 $200,000 of the SPLOST Funds are available for disbursement upon the satisfaction of the Outside Agency's
obligations as contained herein. The balance of the SPLOST funds will be made available upon collection and
satisfaction of any SPLOST funding obligations having priority.
EXHIBIT B
1. Organization shall evidence a deposit in its capital fund account the amount of
$50,000, for its matching funds (the "Matching Funds Amount"), all of which must be
verifiable as raised on or after June 16, 2009 (the "Matching Funds").
2. Prior to Augusta providing funding for the Project, Organization shall expend one
hundred (100%) percent of the Matching Funds for construction of the Project and
provide the Finance Department evidence of the expenditure.