HomeMy Public PortalAbout090_FoTT Community Service Agreement MAYOR CITY MANAGER
Jason Buelterman ,� .Ly Diane Schleicher
CITY COUNCIL � 'L`?f CLERK OF COUNCIL
Shirley Sessions, Mayor Pro Tem + + J 1 Vivian 0. Woods
Wanda D. Doyle i, �►
Bill Garbett CITY ATTORNEY
Frank Schuman, Sr. 'r;� Edward M. Hughes
Kathryn Williams ''fit I s
Wolff
Paul Wol
CITY OF TYBEE ISLAND
City Council Agenda Item Request
Agenda Item Requests must be submitted to the Clerk of Council by 10:OOam the Friday prior to the
scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next
scheduled agenda.
Council Meeting Date for Request: 9/9/10
Item: Friends of Tybee Theater
Explanation: Agreement between the City and Friends of Tybee Theater submitted by Bubba Hughes
Budget Line Item Number (if applicable):
Paper Work: XX Attached* Already Distributed
To Be Handed Out at Council Meeting (by Requester)
Audio/Video Presentation **
Thirteen copies for packets must be provided with request.
** Audio /video presentation must be submitted to the IT department at City Hall
at least 48 hours prior to the meeting.
NOTE: Request will be postponed if necessary information is not provided.
Submitted by: Diane Schleicher
Phone / Email: ext 109
Comments:
Date given to Clerk of Council 9/1/10
* * *
P.O. Box 2749 — 403 Butler Avenue, Tybee Island, Georgia 31328 -2749 * Certified *
(866) 786 -4573 — FAX (866) 786 -5737 City of 1
I Ethics f
www.cityoftybee.org v �,�� B `Lyy
CONTRACT FOR COMMUNITY SERVICE PROGRAM
THIS AGREEMENT is made and entered into this day of
2010 by and between the FRIENDS OF TYBEE THEATER, a Georgia non-profit
corporation, hereinafter referred to as "FOTT", and the CITY OF TYBEE ISLAND, a
Georgia municipal corporation, hereinafter referred to as "City."
WHEREAS, FOTT is a qualified, non-profit corporation that owns title to the
Tybee Post Theater located within the municipal limits of the City; and
WHEREAS, FOTT has made major renovations to the roof and facade of the Post
Theater structure and has provided basic life safety provisions; and
WHEREAS, FOTT conducted the first live performance inside the Post Theater in
40 years under a temporary Certificate of Occupancy on June 5, 2010 to a sold out
audience; and
WHEREAS, FOTT's current objective is to upgrade specific components of the
building to facilitate performances inside the building which will provide cultural and
social benefits for residents and will attract visitors to the City and provide substantial
benefit to the City as a result; and
WHEREAS, FOTT will use crafts (electricians, plumbers and carpenters),
contractors and vendors to accomplish a variety of tasks to enable use of the building for
additional events; and
WHEREAS, the City has allocated S65,000.00 in its budget for the current fiscal
year in order to provide and support physical improvements to the Post Theater.
NOW, THEREFORE, it is hereby agreed that in consideration of the mutual
promises and covenants contained herein and for other good and valuable consideration,
each party conveys to the other as stated herein, and it is hereby agreed as follows:
1. City will provide matching funds to FOTT up to $65,000.00 for qualified
capital projects for the Tybee Post Theater which may include, but is not limited to,
electrical, plumbing, lighting, stage, ventilation, presentation equipment (sound,
projector), access (doors, sidewalks, paving), seeding or landscaping, and insurance,
permits and fees, if any.
2. FOTT will select projects, contractors, craftsmen and materials using its
best judgment to meet the objective of initiating operation of the facility.
3. FOTT will supplement vendor invoice lists of vendors that specify the
materials and work performed in support of disbursement requests submitted to the City.
4. FOTT will inspect and approve the work completed and will pay 50% of
the total cost prior to submitting the invoices for the match.
5. City will disburse the balance of 50% to FOTT within 15 days of
submission or will provide a notice within such time if for any reason there are questions
or procedural irregularities with a submission and in such event, the parties agree to
investigate promptly and in good faith to work to resolve any issues pertaining thereto.
6. FOTT will convey the payment from the City to the specified vendor,
contractor or craftsperson for the balance of the invoice within 15 days of its receipt from
the City.
7. FOTT will maintain an accounting of all projects and reimbursements and
will provide such to the City on a quarterly basis until the total of $65,000.00 has been
matched and a final accounting has been delivered to the City.
8. FOTT will pay to the City the amount of $1.00 for each paid admission to
performances in the Post Theater for a period of years.
9. FOTT will make the building available for inspection by the City as
necessary and as deemed appropriate by the City.
10. The City will have no responsibility for supervision of the work performed
and will have no liability to contractors or workmen who operate inside the Post Theater.
11, FOTT will indemnify and hold harmless the City from and for any and all
claims, demands, causes of action, or suits of whatsoever kind or nature arising from or in
any way related to improvements to the Tybee Post Theater and/or any performances or
events held in such facility or in connection therewith.
12. This Contract will terminate no later than the day of ,
, unless notice of an intention to renew is provided by the City to FOTT no later
than November 30, 2010 and in the event notice of renewal is provided, this Contract will
be extended until all matching funds contemplated herein are paid or until December 31,
2011, whichever shall first occur.
WHEREFORE, we have set forth hereinafter our hands and seals as of the date
and year first above mentioned.
CITY OF TYBEE ISLAND, GEORGIA
By:
Mayor, Jason Buelterman