COMPENSATION AND CONSIDERATION Clause Samples
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COMPENSATION AND CONSIDERATION. 4.1. Compensation and Consideration.
(a) Pursuant to O.C.G.A. § 48-8-89(d)(2), Glynn County and the City of Brunswick were required to commence renegotiations for the distribution of the Local Option Sales Tax (hereinafter referred to as “LOST”) proceeds at the call of the county governing authority before July 1, 2022. By letter dated June 16, 2022, the Glynn County Board of Commissioners issued the call for LOST renegotiation proceedings to commence on June 28, 2022. Following the commencement of renegotiation proceedings, officials and representatives of Glynn County and ▇▇▇▇▇▇▇▇▇ met on several occasions to discuss the LOST distribution. Those discussions resulted in a proposed resolution for the LOST distribution, the details of which proposed that the County would receive 73% of the LOST proceeds and the City would receive 27% of the LOST proceeds for the ten-year period commencing January 1, 2023, and ending December 31, 2032, subject to the County continuing to provide the traffic signal maintenance and animal services described herein.
(b) County and City hereby agree to the renegotiated distribution and allocation of the Local Option Sales Tax (hereinafter referred to as “LOST”) proceeds set forth in this Section below for the ten-year period commencing January 1, 2023, and ending December 31, 2032, which distribution takes into account the criteria set forth in O.C.G.A. § 48-8-89, as well as the value of the services to be provided by the County under this Agreement. County and City agree that the County will receive 73% of the LOST proceeds and the City will receive 27% of the LOST proceeds. County and City hereby approve and authorize the immediate execution of a Certificate of Distribution in the form of, and on the terms, conditions, and percentages set forth in the Certificate of Distribution attached hereto as Exhibit “B” and incorporated herein by reference. County and City hereby further authorize and direct the immediate delivery of such executed Certificate of Distribution to the Georgia Department of Revenue. The terms, conditions, and percentages set forth in the Certificate of Distribution attached hereto as Exhibit “B” shall remain effective and in place until December 31, 2032 (unless otherwise provided for under applicable law), or the parties negotiate a different and entirely new Certificate of Distribution and submit same to the Department of Revenue, whichever may be sooner. This Agreement is explicitly subject to and conting...
COMPENSATION AND CONSIDERATION. No compensation shall be paid by the Contractor to the City. No compensation shall be paid by the City to the Contractor. Consideration for this Agreement is granting ▇▇▇▇▇▇▇▇ Roadhouse use of the Lodge at no charge.
COMPENSATION AND CONSIDERATION. The total amount to be reimbursed to the Assisted Business under the Contract shall be up to $7,242.00 per eligible net new job created by the Assisted Business for documented costs with reimbursement not to exceed a total of
a) An eligible net new job is defined as the following:
i) A new job to the company that was created or filled on or after January 10, 2018;
ii) Have at a minimum, an average of thirty-five (35) working hours per week on an annual basis; and
iii) The job pays wages that meet or exceed $18.99 per hour, including the value of employee benefits that meet the requirements of the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001, et seq. The County will not reimburse the Assisted Business for any costs incurred prior to January 10, 2018, nor for any expenses not included in the approved budget or not clearly and accurately supported by the Assisted Business’s records. The Assisted Business shall satisfy the matching funds requirements consistent with the purposes expressed in the County’s application and shall meet or exceed the 1:2 required match ratio.
a) The Process for reimbursement of the Assisted Business’s eligible costs and expenses shall be as follows:
i) The Assisted Business will request reimbursement from the County or its representative by submitting all information set forth in Section 3: REPORTING of this contract.
ii) Within ten business days of receiving a complete request for reimbursement from the Assisted Business, and based on those documents, the County or its representative will submit a pre-approval Request for Payment to the Department.
iii) After pre-approval is granted, the County will submit a final Request for Payment to the Department.
iv) The County or its representative will then reimburse the Assisted Business the full amount received from the Department for each eligible expense submitted and approved by the Department. The Assisted Business acknowledges and understands that reimbursement as described above is contingent and dependent upon proper and timely completion of the Project, timely submittal of all required documentation, timely reporting as set forth in Section 3, approval by the Department of all reimbursement payments, and compliance with all terms and conditions hereunder.
COMPENSATION AND CONSIDERATION. The total amount to be reimbursed to the Assisted Business under the Contract shall be up to $(X,XXX less grant admin) per eligible net new job created by the Assisted Business for documented costs with reimbursement not to exceed a total of $(total BSTF award, minus grant administration) dollars for the entire Contract. The Government will not reimburse the Assisted Business for any costs incurred prior to (date of award), nor for any expenses not included in the approved budget or not clearly and accurately supported by the Assisted Business’s records. The Government will authorize the Assisted Business to draw up to $(total BSTF award minus grant administration) against the funding reserved for the Assisted Business by the Department. Unless otherwise authorized by the Government, the Assisted Business may receive grant funds periodically over the Contract period only upon documenting the expenditure of the required matching funds and the creation of the eligible net new jobs by the Assisted Business, and after incurring eligible expenses. If the Government determines that the Assisted Business has failed to satisfactorily carry out the duties and responsibilities under the Contract, the Government may revoke the Assisted Business's ability to access additional funds until such time as the Government and the Assisted Business agree on a plan to remedy the deficiency. The Government may recapture funds and return funds to the Department if: At the end of the contract period the Department has overpaid based on the number of net new jobs at the end of the contract period; or The Assisted Business ceases operations at the Project Site within the contract period. The Government reserves the right to withdraw a commitment for any BSTF funds which remain un-disbursed at Contract closeout or at the end of the Contract period. The Assisted Business certifies that no request for reimbursement submitted for eligible expenses under this Contract shall duplicate any expense submitted to the Department for reimbursement under any other program administered by the Department.
COMPENSATION AND CONSIDERATION. 4.1 For City elections that are to be conducted contemporaneously with a countywide General election, pursuant to this Agreement and to action of the Board of Commissioners on August 3, 2016, the City will not be charged for the cost of said election.
4.2 For City elections that are to be conducted contemporaneously with a countywide Special election, the City will share in the costs of conducting the election, plus a 10% administrative fee of the actual election costs based on the municipality’s pro-rata share of the number of electors in the municipality versus the total number of electors in the County. The City will pay the actual cost of such election based on a budget prepared in accordance with the form attached hereto as Exhibit B.
i) An estimate of the City’s pro-rata share of the election costs based on the number of electors will be provided to the City and 75% of that amount is due to the County ninety (90) days prior to Election Day.
ii) Following the election, the actual costs of the election will be determined, as well as the City’s pro-rata share of the actual costs.
iii) If based on the estimated election, costs a refund is due to the City, said refund will issue within ninety (90) days after the election.
iv) If based on the estimated election costs the City owes the County an additional amount for the election, the County will issue an invoice for that amount which is due and payable within thirty (30) days of receipt.
4.3 For City elections that are not conducted contemporaneously with any countywide election, the City will pay the actual cost of such election based on a budget prepared in accordance with the form attached hereto as Exhibit B.
i) The City will pay the County the sum determined in Exhibit B for the election to be maintained in a separate election account. Said amount is due ninety (90) days prior to Election Day.
ii) Following the election, the actual costs of the election will be determined.
iii) If based on the payment made in compliance with Exhibit B a refund is due to the City said refund will issue within ninety (90) days after the election.
4.4 Failure to timely remit the funds owed will result in a 10% per month penalty.
COMPENSATION AND CONSIDERATION. Pursuant to this Agreement and O.C.G.A. § 21-2-2-45(c) now and as it may be amended hereafter, the City shall pay to the County all costs incurred in performing the functions agreed upon herein. City agrees to pay County the actual costs incurred by County in conducting City Elections as stated on the County’s invoice. City shall remit said funds to County within thirty (30) days of receipt of invoice.
COMPENSATION AND CONSIDERATION. In exchange for good and valuable consideration, the recital of which all parties acknowledge receipt thereof, and in consideration for the terms and services outlined in this Agreement, the City will pay to the County the actual costs associated with the collection of taxes by the Tax Commissioner on behalf of the City subject and pursuant to the following payment terms: or within 30 days of the mailing of an
6.1 For the initial 2017 tax year, the City shall pay the County, by check or electronic fund transfer, the later of June 1st of the tax year, invoice by the County, a fee of two dollars per parcel, not to exceed $25,000.00 plus $500.00 of which $500.00 shall be retained by the County for reimbursement of the cost to the County for providing service to the City. The remaining amount shall be distributed annually as an annual salary supplement to the Tax Commissioner by the County pursuant to O.C.G.A. 48-5-359.1 for such services, duties and responsibilities necessary to collect City taxes. Commented [WJA4]: Should this be “no later than June 1st of the tax year”.
6.2 For all subsequent tax years, the City shall pay the County, by check or electronic fund transfer, no later than June 1st of the tax year, or within 30 days of the mailing of an invoice by the County, a fee of two dollars per parcel, not to exceed $25,000.00, plus $500.00 of which $500.00 shall be retained by the County for reimbursement of the cost to the County for providing service to the City. The remaining amount shall be distributed annually as an annual salary supplement to the Tax Commissioner by the County pursuant to O.C.G.A. 48-5-359.1 for such services, duties and responsibilities necessary to collect City taxes.
6.3 The City shall notify the Tax Commissioner when payment has been rendered to the County within 2 business days of such payment.
6.4 The County shall distribute said salary supplement to Tax Commissioner on the first payroll check following the receipt of payment from the City.
6.5 The amounts for subsequent years may be modified based on changes to City boundaries, the annexation of additional parcels, or by adjustment of the number of parcels from year to year within the City.
COMPENSATION AND CONSIDERATION. This Article has been amended to reflect the ▇▇▇▇▇▇ County Board of Commissioners’ action of August 7, 2019. Hereby, Article 4 and Exhibit B of the existing agreement shall be amended as follows:
4.1 For City elections that are to be conducted contemporaneously with a countywide General, Special or Run-off election, pursuant to this Agreement and to action of the Board of Commissioners on August 7, 2019, the City will not be charged for the cost of said election.
4.2 For City elections that are not conducted contemporaneously with any countywide election, the City will pay based on a budget prepared in accordance with the form attached hereto as Exhibit B.
i) The amounts in Exhibit B will be calculated based on a charge of $2.96 per voter for municipal general elections and special general elections, and a charge of $2.46 per voter for any necessary municipal runoff elections and special runoff elections.
ii) Payment of estimated fees due to ▇▇▇▇▇▇ County is due upon execution of the agreement.
iii) Following the election, the final fees due to ▇▇▇▇▇▇ County will be determined.
COMPENSATION AND CONSIDERATION. 4.1 The Boards of Education shall pay the County all costs incurred in performing the Election on a pro rata basis according to the proceeds of the SPLOST to be received by each Board of Education.
4.2 The projected costs of the Election shall be in accordance with the budget attached hereto as Exhibit “A” and made a part hereof by reference. The Boards of Education shall remit payment of the projected costs, as reflected in Exhibit “A,” to the County. The County shall maintain these funds in a separate election account (“Election Account”), and all expenses and charges incurred in connection with the Election shall be recorded and paid from the Election Account.
4.3 Within 120 days after the date of the Election, the County shall furnish to the Boards of Education a complete written statement showing all costs and expenses incurred in the Election and refund any excess in the election account or collect any deficit which may be in the Election Account.
4.4 The County shall promptly refund the Boards of Education any excess fund remaining the Election Account. If there is a deficit in the Election Account, the Boards of Education shall promptly submit payment to the County in the amount of the deficit. Invoices received by the County after the date of the statement will be forwarded to the Boards of Education, and shall be counted against the above-referenced excess or deficit, as the case may be. If any dispute arises relating to the Election Account or the amounts owed by the Boards of Education, the parties shall attempt in good faith to resolve their differences as quickly and amicably as possible. The Boards of Education shall have the right to examine the Election Account and review related records and documentation.
COMPENSATION AND CONSIDERATION. 3.1 Pursuant to this Agreement, the City shall retain all Payments collected under the Ground Lease.
3.2 The City shall be responsible for all costs of collection and enforcement of any Payments under the Ground Lease.
3.3 In consideration of the Authority’s transfer to the City of the administration of the Ground Lease, the City shall pay the Authority the sum of two thousand three hundred and fifty dollars ($2,350.00). Such fee shall be due and payable within five (5) business days of the City’s receipt of the Ground Lease Tenant’s Commencement Fee, as defined in Paragraph 1 of the Ground Lease.