HomeMy WebLinkAboutSPLOST VI OUTSIDE AGENCY AGREEMENT BETWEEN AUGUSTA, GEORGIA AND BOYS AND GIRLS CLUBS OF THE CSRA, INC. STATE OF GEORGIA)
RICHMOND COUNTY)
SPLOST VI OUTSIDE AGENCY AGREEMENT
This AGREEMENT made and entered into this_leWiiday of 1 0,211 ,
2013,between Augusta,Georgia,a political subdivision of the State of Georgia(hereinafter
s 16 i 15 Cl u�5 (hereinafter referred to as the
referred to as "Augusta"), and ,y,;„4 C St2.4 ti uric
"Organization").
WITNESSETH
WHEREAS, the voters of Augusta, Georgia on June 16'x' 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$500,000 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 A:ency
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EXHIBIT A
ORGANIZATION: _Boys&Girls Clubs of the CSRA,Inc.
PROJECT: E.W.Hagler Club Renovation
DESCRIPTION OF PROJECT/
SCOPE OF WORK: iatrte vo,. - C5Ve E.W . ' (1 X
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PROJECTED TIME OF
CONSTRUCTION: August,2016 to June,2017
COST OF PROJECT WORK:
Total Project Budget': $3,650,000
(see attached budget)
SOURCES OF FUNDING:
SPLOST Funds2: $ 500,000
SPLOST Matching Funds: $ 125,000
OTHER: $ 3,0251000*
Total: $ 3,650,000
I See attached budget.
2 $xx,xxx 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
$125,000, 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.
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