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HomeMy WebLinkAboutDepartment of Natural Resources (5) Augusta Richmond GA DOCUMENT NAME: d~. ffi m-\u'(aJ \'-€..3u.J(Ce.S DOCUMENT TYPE: ~Y~ex-Hr YEAR: ~I BOX NUMBER: 03 FILE NUMBER: \ ~~L\ 9 NUMBER OF PAGES: -5 " . , Contract for State Grant #412-~90511 STATE OF GEORGIA COUNTY OF FULTON ,/ .~ " ARTICLES OF AGREEMENT ') y THIS AGREEMENT, made and entered into the 71 day of October in the year of Nineteen Hundred Ninety-seven (1997), by and between the DEPARTMENT OF NATURAL RESOURCES (hereinafter referred to as the "DEPARTMENT"), whose address is 205 Butler Street, S.E., Atlanta, Georgia 30334, acting for and on behalf of the state of Georgia, and the AUGUSTA-RICHMOND COUNTY CONSOLIDATED GOVERNMENT (hereinafter referred to as the "GRANTEE"), whose address is 530 Greene street, Augusta, Georgia 30911. WITNESSETH WHEREAS, the provision of adequate public recreation and park facilities, equipment, and area; the preservation of scenic, historical, ecological, and scientific sites, and the safe maintenance of such areas and facilities is an obligation of state government and a benefit to all the people; and WHEREAS, Section 12-3-32 of the Official Code of Georgia Annotated (O.C.G.A.) requires the DEPARTMENT to provide the above- mentioned services and facilities; and WHEREAS, the DEPARTMENT is authorized by Section 12-3-5 of the O.C.G.A. to contract with any county, municipality, local govern- ment or combination thereof or any public or private corporation or person to further or assist in furthering any of the services, purposes, duties or responsibilities or functions vested in the DEPARTMENT; and . ~ , . . . - 2 - WHEREAS, the GRANTEE has a need to make recreational improvements for the citizens of Augusta and Richmond County and the costs of the Project are higher than may be adequately borne by the GRANTEE; and WHEREAS, the Governor has made available to the DEPARTMENT the sum of FOUR THOUSAND SIX HUNDRED DOLLARS ($4,600) from his discre- tionary funds to assist the GRANTEE with the above project; NOW, THEREFORE, in consideration of the promises, conditions and covenants hereinafter set forth, the parties hereby agree as follows: (1) The GRANTEE agrees by the necessary negotiations, agreements, contracts and use of its own personnel and facilities to: (a) utilize the financial grant-in-aid to help offset expenses of purchasing and installing lighted buoys in needed areas of the Savannah River; (b) develop, operate and maintain the facilities for all of the people of the State of Georgia; (c) execute and complete this PROJECT by the 31st day of December, Nineteen Hundred Ninety-nine (1999); (2) The DEPARTMENT will, in consideration of such undertak- ings by the GRANTEE, pay to the GRANTEE the sum of FOUR THOUSAND SIX HUNDRED DOLLARS ($4,600) upon the signing of this Agreement by both parties thereto. . ~ . , , - 3 - (3) The GRANTEE and the DEPARTMENT mutually agree: that this Agreement is based upon the condition that if the GRANTEE fails to perform fully that which it herein agrees to perform, this contract shall be void and of no effect and in such event, any funds thus far paid by the DEPARTMENT to the GRANTEE shall be returned, and shall be due and owing to said DEPARTMENT, but if such condition is -fully and truly performed, this Agreement shall be and remain in full force and effect. (4) The failure of the DEPARTMENT at any time to require performance by the GRANTEE of any provision thereof, shall in no way affect the right of the DEPARTMENT thereafter to enforce the same, nor shall the waiver by the DEPARTMENT of any breach of any provision thereof be taken or held to be a waiver of any succeeding breach of the provision or as a waiver, modification or rescission of the contract itself. This agreement and the proceeds of this agreement may not be assigned nor may the performance thereunder be assigned except with the prior written consent of the Commissioner of Natural Resources. (5) The GRANTEE covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The GRANTEE further covenants that in the performance of this Agreement it will not contract with or employ any such person, firm, corporation or association having any such interest. . ..., - 4 - (6) The parties to this Agreement certify that the provisions of law contained in the Act prohibiting full and part-time appoint- ive officials and employees of the state from engaging in certain transactions affecting the state contained in a.C.G.A. Sections 45- 10-20 through 45-10-28 have not and will not be violated in any respect in regard to this Agreement. (7) If the GRANTEE is a nonprofit contractor as defined in a.C.G.A. section 50-20-2, then the GRANTEE agrees to comply with the provisions of a.C.G.A. sections 50-20-1 through 50-20-8, and in particular the requirements of a.C.G.A. section 50-20-3, and with such further instructions as the State of Georgia may subsequently require in the implementation of said provisions. (8) The Agreement and all rights, privileges, and responsi- bilities shall be interpreted and construed according to the laws of the state of Georgia. (9) This Agreement is at all times subject to applicable state and Federal laws, standards, rules and regulations now existing or which may be hereafter enacted or adopted. (10) This Agreement represents the sole and complete understanding of the terms of this Agreement between the parties hereto and may be amended, changed, or modified only by a written document signed by the parties hereto. (11) This Agreement is executed in two (2) counterparts, each of which is deemed an original of equal dignity with the other and which is deemed one and the same instrument as the other. . . .. . .. - 5 - IN WITNESS WHEREOF, the parties have executed this Agreement to be given effect as of the day and year first above written. GEORGIA DEPARTMENT OF NATURAL RESOURCES BY ~W~ Witness Burt Weerts, Director Parks, Recreation and Historic sites AUGUSTA-RICHMOND COUNTY CONSOLIDATED GOVERNMENT Je~~ BY lUM /~~~ My COmmission Expires Dec. 5. 2001 TIIi$ doMllllllpp/VVtd It .,~~~7 ...... .< .... ~ - - .., ....: '" ....:..--- .. /-/-....- -::. __II _, ..:::: ,. .............. . " " .."'.........