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HomeMy WebLinkAboutGovernors Emergency Fund Augusta Richmond GA DOCUMENT NAME: GDVeV noY'S Evner-<je-nC-j F\J-\(\ at DOCUMENT TYPE: A ~ y:eey'(\~Vl-\-- YEAR: )~,g ? BOX NUMBER: 5 FILE NUMBER: 13/ Z 3 NUMBER OF PAGES: l-p - ." 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~ JHJlj a Enclosures ;iJfl;Ll~~' * Recyckd Paper t;/Iff (i;o Executive Park South, N.E. - Atlanta, Georgia 30329-2231- (404) 679-4940 An Equal Opportunity Employer ZeD Miller GOVERNOR ~; tS:t IQUAL HOUIIINQ OPPORTUNITY ... , ,Grant No. GEF-98-E014-93 -- 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 4 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: :\~~~ Jim Higdon, Commissioner ~~~~t:~C,~ . . Ii . 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. - - 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 ... INVOIC:e: BUSINESS ACCOUNT REFERENCE ORDER DISCOUNT AMOUNT CHECK NOTE 98-65178 1 15.000.00 I I I I I I I , , I - .. I i I I I , , ~_y-~C?.~ y...... , ......\~ : :> ';"1:;-'; 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. gt~~ 11'000 :l ~ :l7 711' 1:0 b .0000 .01: 07 O. 7 ~ b 511'