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Augusta Richmond GA
DOCUMENT NAME: GDVeV noY'S Evner-<je-nC-j
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DOCUMENT TYPE: A ~ y:eey'(\~Vl-\--
YEAR:
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BOX NUMBER: 5
FILE NUMBER: 13/ Z 3
NUMBER OF PAGES:
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GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIOI~R
July 2, 1998
Honorable Larry E. Sconyers
M'~yor, Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Sconyers:
Enclosed is the Governor's Emergency Fund check in the amount of
$15,,000 to Augusta-Richmond County to light the Fifth Street Bridge.
I am pleased that we were able to assist you, and if you have any
questions, feel free to call me.
:don \L~
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Enclosures
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Recyckd Paper
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(i;o Executive Park South, N.E. - Atlanta, Georgia 30329-2231- (404) 679-4940
An Equal Opportunity Employer
ZeD Miller
GOVERNOR
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IQUAL HOUIIINQ
OPPORTUNITY
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,Grant No. GEF-98-E014-93
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STATE OF GEORGIA
COUNTY OF DEKALB
STATE OF GEORGIA
DEPARTMENT OF COMMUNITY AFFAIRS
AGREEMENT FOR GRANTING OF STATE FUNDS
THIS AGREEMENT entered into this 23rd day of June, 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. ")
W1D~REAS, the State of Georgia desires to promote the health ai1d 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
wm~REAS, the Department is authorized by the provisions of a.c.G.A. g50-8-8 to grant and
administer public funds in furtherance of the public purposes specified therein; and
WHlCREAS, 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 funds 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 Project. The Department shall upon the terms and conditions contained
herein grant to Recipient. and the Recipient hereby accepts, an amount not to exceed $15.000 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 retumed 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:
$15,000
Within ten days of the Department's receipt of the
executed Agreement.
$15,000
Total Disbursement
4. Hold Hannless 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.
,
Grant No. GEF-98-EOI4-93
iti
Page 2 of 4-
5. 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. ~45-10-20
through ~4E;-1O-28 and a.c.G.A. ~36-67A(1) 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.
6. Enforceable and Legallv Bindinl! Act. The Recipient certifies that it is duly organized,
validly exisl1ng 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.
7. Monitorlnl! 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 1he Department, until such findings are resolved to the satisfaction of the Department.
8. Open Meetings. 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.
9. No Al!encv 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.
10. Termination. 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.
11. Satisfaction. In the event the Department determines. in its sole discretion, that the
Recipient: (iJ has failed to comply with the terms of this Agreement in a timely manner; (it) has failed to
complete all, or a portion of the actions required under the Agreement; (iii) has acted in any way
contrary to the purposes for which the grant was awarded; or (iv) has violated any federal. state or
local law, o:rdinance or regulation. the Recipient shall be required to return to the Department all
funds disbursed under this Agreement, upon request.
,Grant No. GEF-98-EOI4-93
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Page 3 of4
12. Entire Agreement. This i\greement 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 COUNIY
By: /~ ~
r yor
Attest: ~t,;~9I~
Title: f,LJk:
Attachment:;: -Exhibit A, "Scope of Services"
FOR THE DEPARTMENT OF COMMUNITI AFFAIRS
By:
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Jim Higdon, Commissioner
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. Grant No. GEF-98-E014-93
Page 4 of 4
EXHIBIT A
The Governor's Emergency Fund Grant shall be used by Augusta-Richmond County to light the
Fifth Street Brtdge.
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Pago 00 1 OF 001 STATE OF' GEORGIA Check No: 000343'1~1
Vendor No: 58-2204274 003 DEPARTMENT OF COMMUNITY AFFAIRS System No: 00038634 '
Check Total: $15,000.00 ATLANTA, GEORGIA 30329-2231 Check Date: 07/01/98 I
BANK CODE 504 I
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INVOIC:e: BUSINESS ACCOUNT REFERENCE ORDER DISCOUNT AMOUNT CHECK NOTE
98-65178 1 15.000.00
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07/01/98
Check Date
STATE OF GEORGIA
DEPARTMENT OF COMMUNITY AFFAIRS
ATLANTA, GEORGIA 30329-2231
00034377
64,1
610
Check No
Pay to the Order or
AUGUSTA-RICHMOND CO
530 GREENE STREET
System No: 00038634
VeDdor No: 582204274 003
Pay EXllctly
FIFTEEN THOUSAND AND ND/100 ********************************
$15.000.00
Void arter 60 days
WACHCoVIA BANK OF GEORGIA. N.h.
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11'000 :l ~ :l7 711' 1:0 b .0000 .01: 07 O. 7 ~ b 511'