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HomeMy Public PortalAboutContract for FOTT 10 19 10 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 façade 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 up to $65,000.00 in its budget for the current fiscal year (07/01/10-06/30/11) 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 and fees, if any. 2. FOTT will provide documentation for its matching funds to the City’s Director of Finance. No borrowing/debt will be included in FOTT’s matching funds.. 3. FOTT will select projects, contractors, craftsmen and materials using its best judgment to meet the objective of initiating operation of the facility. 4. FOTT will supplement vendor invoice lists of vendors that specify the materials and work performed in support of disbursement requests submitted to the City. 5. FOTT will inspect and approve the work completed and will pay eligible invoices for matching funds before submitting it to the City for reimbursement. 6. City will reimburse FOTT the City’s share of the invoice 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. 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 until the City has been paid. 9. FOTT will be responsible for obtaining all city and county permits and the coordination of all required inspections, as well as payment of any permit fees, which are not permitted to be utilized as part of the match provided by the City and shall not be waived. 10. FOTT will make the building available for inspection by the City as necessary and as deemed appropriate by the City. 11. 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. 12, 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. 13. Except for FOTT’s obligations under Paragraph 8, this Contract will terminate no later than the 30th day of June, 2011. If the matching funds have not been met at the end of the City’s current fiscal year, and if the FOTT intends to continue the terms of this contract into the new fiscal budget year, the FOTT will need to renegotiate a new contract with the City prior to the adoption of the City’s annual budget. In any event, FOTT’s obligations under Paragraph 8 shall continue as provided herein. 14. Notwithstanding any other provisions in the above paragraph, FOTT will not submit any invoices with requested disbursements to the City in the calendar month of December, 2010 or which would call for payment by the City in the calendar month of December, 2010 and in no event shall the City be required to make any disbursements during the month of December, 2010. 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 Signed, sealed and delivered in the presence of: _______________________ Attest:________________________________ Witness City Clerk, Vivian Woods ______________________ Notary Agreed to as to form: __________________________ Edward M. Hughes City Attorney FRIENDS OF TYBEE THEATER By:_____________________________________ Signed, sealed and delivered in the presence of: _________________________ Attest:______________________________ Witness Secretary _________________________ Notary Public EMH/21/802-Tybee Theater/Contract for Community Services 09.15.10