HomeMy WebLinkAboutAgreement for Granting of State Funds
Augusta Richmond GA
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Grant No. 98-C-LB179
STATE OF GEORGIA
COUNTY O:F DEKALB
STATE OF GEORGIA
DEPARTMENT OF COMMUNITY AFFAIRS
AGREEMENT FOR GRANTING OF STATE FUNDS
THIS AGREEMENT entered into this 12th day of May. 1998, by and between the Department
of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and Augusta-
Richmond County, a political subdivision of the State of Georgia (hereinafter referred to as the
"Recipient"),
wm~REAS, the State of Georgia desires to promote the health and welfare of its citizens; and
wm~REAS, mutual cooperation and assistance between the state and its political subdivisions
is beneficial to the administration of programs to assist the citizens of the state; and
WHE:REAS, the Department is authorized by the provisions of a.c.G.A. ~50-8-8 to grant and
administer public funds in furtherance of the public purposes specified therein; and
WHEREAS, the Recipient warrants that it is a validly existing and in good standing under the
laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and
expend fune.s for the purposes set forth herein;
NOW. THEREFORE. in consideration of the mutual covenants and warranties contained herein
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged. the parties agree and covenant as follows:
1. Scope of Proiect. The Department shall upon the terms and conditions contained
herein grant to Recipient. and the Recipient hereby accepts. an amount not to exceed $950,000 to be
used solely for the purposes specified in the attached Exhibit A, which is incorporated herein by
reference and made a part of the Agreement.
2. Accountabilitv. The Recipient agrees to expend said funds solely in conformance with
this Agreement and to account for said funds in accordance with generally accepted accounting
principles. Any funds not expended for the purposes provided herein shall be returned to the
Department, no later than completion of the project.
3. Disbursement of Funds. Subject to the availability of funds for such purpose, the
Department shall pay the Recipient in accordance with the following payment schedule:
$712,500
Within ten days of the Department's receipt of the executed
Agreement.
$237,500
Upon receipt by the Department of written certification of project
completion in accordance with this Agreement.
$950,000
Total Disbursement
4. Applicable Dates. The effective date' of this Agreement is specified on page one.
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Grant No. 98-C-LB179
Page 2 of 4
5. Hold Harmless Oblil!ations. The Recipient shall hold the Department. its agents and
employees, harmless from against any and all claims resulting from or arising out of this Agreement,
including but not limited to. damage claims for injury to persons or property. The Recipient has
requested the funds herein and expressly acknowledges that the Department, its agents and
employees. has neither assumed nor undertaken any legal duties to the Recipient or others except to
provide funds as agreed to herein. The Recipient agrees to make no claims or demands against the
Department. its agents or employees. for any damage that may result from or arise out of this
Agreement. even if such claims or demands are made against the Recipient.
6. Conflicts of Interest. The Recipient warrants and represents that all of the officials.
agents and employees of the Recipient have not violated any applicable federal. state or local conflict of
interest laws, ordinances. rules or regulations, including but not limited to. O.C.G.A. ~45-1O-20
through ~4!)-1O-28 and O.C.G.A. ~36-67A(l) through S36-67A(4) and that the aforementioned parties
shall continuously comply with the same throughout the term of this Agreement. Additionally, the
Recipient attests that all officials of the Recipient have certified the same.
7. Enforceable and Lel!a1lv Bindinl! Act. The Recipient certifies that it is duly organized.
validly exisijng and in good standing under the laws of the State of Georgia; that it has all the
requisite power and authority to enter into this Agreement and to assume the responsibilities herein
including the expenditure of funds; and that all necessary actions have been and will be taken in
conformance with all applicable laws to make this Agreement and actions hereunder valid. enforceable
and legally binding acts of the Recipient.
8. Monitoring and Auditing. Upon request. the Recipient agrees to provide the
Department with any information. documents and/or photographs the Department deems necessary
to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate
books. records and accounts reflecting its administration of Agreement funds and compliance with all
applicable laws. Such documentation shall be retained for at least three years from the completion of
said project and shall be made available to the Department upon request. The Recipient further agrees
that an accounting of these funds shall be included in the next regularly scheduled audit or financial
statement of the Recipient and any future audits or financial statements until all expenditures of
Agreement funds have been accounted for. The Recipient acknowledges and agrees that any
unresolved findings of the Department concerning expenditure of project funds, whether based on an
audit report, financial statement. project completion report or independent investigation of the
Department. shall preclude the Recipient from applying for or receiving any further grants or other
funds from the Department, until such findings are resolved to the satisfaction of the Department.
9. Oven Meetinj!s. The Recipient certifies that in approving this Agreement, it has
complied with all the open meeting requirements of Chapter 14 of Title 50 of the Official Code of
Georgia Annotated.
10. No Agencv or Partnership. Nothing herein nor any actions of the parties hereto or their
agents or employees shall create any agency relationship, partnership or joint venture, between the
Department and the Recipient. The Department is not an agent or representative of the Recipient and
the Recipient is not an agent or representative of the Department. The Recipient shall be solely
responsible for performing any and all obligations under this Agreement.
11. Tennination. The Department may terminate this Agreement, with or without cause,
upon five business days written notice to the Recipient. If at the time of termination, any funds under
this Agreement have not been disbursed to Recipient, said funds shall be retained by the Department.
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Grant No. 98-C-LB179
Page 3 of 4
12. Satisfaction. In the event the Department determines, in its sole discretion, that the
Recipient: (i). has failed to comply with the terms of this Agreement in a timely manner; (il) has failed to
complete all or a portion of the actions required under the Agreement; (Hi) has acted in any way
contrary to the purposes for which the grant was awarded; or (tv) has violated any federal, state or
local law, ordinance or regulation, the Recipient shall be required t() return to the Department all
funds disbursed under this Agreement. upon request.
13. Entire Agreement. This Agreement constitutes the entire agreement among and
between the parties. There are no representations, oral or otherwise. other than those expressly set
forth herein. No amendment or modification of this Agreement shall be binding unless both parties
have agreed to said modification in writing.
IN 'WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first
written above.
FOR AUGUSTA-RICHMOND COUN1Y
FOR THE DEPARTMENT OF COMMUNITI AFFAIRS
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Attachments: Exhibit A, "Scope of Services"
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Grant No. 98-C-LB 179
Page 4 of 4
EXHmIT A
The Local Assistance Grant shall be used by Augusta-Richmond County for the plan and design of the
renovation of the Warren A. Candler Building.
.
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIOJ'iER
Zen Miller
GOVERNOR
May 28, 1998
Honorable Larry E. Sconyers
Mayor, Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Sconyers:
Enclosed are the first payment in the amount of $712,500 and a copy of
the executed contract under Local Assistance Grant 98-C-LB179 to Augusta-
Richmond County. Also enclosed is a Local Assistance Grant Request for
Final Payment Form. This form must be completed and returned once you
have completed your project and expended the full amount of the grant funds,
Upon receipt of this form we will issue the final payment.
If you have questions, feel free to call me.
don
SlOner
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Enclosures
*
60 Executive Park South, N.E. - Atlanta, Georgia 30329.2231- (404) 679-4940
An Equal Opportunity Employer
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.QUAL HOUSING
OPPORTUlllTY
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GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
Zen Miller
GOVERNOR
May 12, 1998
Honorable Larry E. Sconyers
Mayor, Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Sconyers:
This commits state funds in the amount of $950,000 to Augusta-Richmond
County for the plan and design of the renovation of the Warren A. Candler
Building.
.!\Iter reviewing the agreement, please execute it by signing and returning
two copies to me at your earliest convenience. I will sign for the Department and
return a copy to you along with a check for $712,500 representing the first payment
due under the contract.
The Department of Community Affairs is pleased to assist the General
Assembly and Augusta-Richmond County in the administration of this grant. If
you have any questions, please feel free to call me.
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Enclosure
cc: Riehmond County Legislative Delegation
*
cJO Executive Park South, N.E. - Atlanta, Georgia 30329.2231- (404) 679.4940
An Equal Opponunity Employer
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IICIUAL HOUSlNQ
OPPORTUNITY
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GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
60 Executive Park South, NE · Atlanta, Georgia, 30329-2231
RECIPIENT:
I LAG G RANT
AGREEMENT
NUMBER:
LOCAL AsSISTANCE GRANT
REQUEST FOR FINAL PAYMENT
GENERAL
INSTRUCTIONS:
This form is to be completed once you have fulfilled the scope of
work as outlined in yow: grant agreement. Be sw:e to indicate the
name of the Local Assistance Grant (LAG) recipient and the LAG
grant number at the top of this form. The grant recipient is the
entity that appears in the grant agreement and the grant number
appears in the upper left-hand comer of the grant agreement.
The certification statement below must be signed by the Chief
Elected Official or by someone who is officially authorized to sign
on the recipient's behalf. Please return the form to the above
listed address. If you have any questions, please contact Law:a
Jones at (404) 679-3154.
CERTIFICATION:
This is to request final payment on the Local Assistance Grant of
the above referenced grant number. In making this request I
hereby certify that the "Scope of the Project" as identified in
Exhibit A of the above referenced Grant Agreement number has
been completed. I further certify that all funds provided by this
grant have been spent in accordance with the terms and conditions
of the Agreement and that all the information stated herein is true
and accurate.
Authorized
Signature
Name and Ti~de
Date