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HomeMy WebLinkAboutMEMORANDUM OF UNDERSTANDING FOR THE GEORGIA ENVIRONMENTAL FINANCIAL AUTHORITY OF UP TO $50,000 TO INSTALL A 60KW PHOTOVOLTAIC PANEL ARRAY ON THE FRIEDMAN BRANCH LIBRARY • MEMORANDUM OF UNDERSTANDING FOR GEORGIA ENVIRONMENTAL FINANCE AUTHORITY (GEFA) REBATE GEFAContractSEP PY2016 06 ARCPLS by and between Augusta, GA and the Augusta Richmond County Library System 1. Parties. This Memorandum of Understanding (hereinafter referred to as "MOU") is made and entered into by and between Augusta, Georgia (Augusta), whose address is 535 Telfair Street, Augusta Georgia, 30901, and the Augusta-Richmond County Public Library System (ARCPLS), whose address is 823 Telfair Street, Augusta, Georgia 30901. 2. Purpose. The purpose of this MOU is to establish the terms and conditions under which SPLOST funds allocated to the ARCPLS will be reimbursed to Augusta through a GEFA rebate,in an amount not to exceed $50,000.00.This rebate was awarded to ARCPLS, and administered by,the Georgia Environmental Finance Authority(GEFA) under contract GEFAContractSEP PY2016 06 ARCPLS. 3. Term of MOU. This MOU is effective upon the day and date last signed and executed by the duly authorized representatives of the parties to this MOU and the governing bodies of the parties' respective counties or municipalities and shall remain in full force and effect for a period of 24 months, or upon termination, whichever occurs first. The Term may be renewed by mutual written agreement of the parties on a month-to-month,annual or extended term basis. Each party agrees to make a written request to the other of its desire to extend the Term no less than ninety • (90)days prior to the expiration of the Term. 4. Termination. Either party may terminate this MOU for cause. "Cause" shall mean a breach or default of any obligation hereunder which default is incapable of cure,or which, being capable of cure has not been cured within thirty (30) days after notice o0f such default (or such additional cure period as the non-defaulting party may authorize). 5. Notices. All notices, requests, or other communications hereunder shall be in writing and either transmitted via overnight courier, hand delivery, or certified or registered mail, postage prepaid and return receipt requested to the parties at the following addresses. Notices will be deemed to have been given when received. TO ARCPLS TO AUGUSTA Augusta-Richmond County Public Library Augusta 823 Telfair Street 535 Telfair Street Augusta, GA 30901 Augusta, GA 30901 Attn: Mashell Fashion, Director Attn: Hardie Davis,Jr., Mayor 6. Responsibilities of Augusta. Augusta will provide funding from Special Purpose Local Options Sales Tax VII (SPLOST VII), designated for use by ARCPLS, to install a solar photovoltaic system on the roof of the Friedman Branch Library located at 1447 Jackson Road in Augusta. 7. Responsibilities of ARCPLS. ARCPLS will reimburse Augusta the full amount of the rebate • issued to ARCPLS by GEFA for installation of the solar panels up to$50,000.00.These funds are to J be credited to the SPLOST balance available to ARCPLS for library improvements as approved by • the voters of Augusta. 8. General Provisions A. Amendments. Either party may request changes to this MOU. Any changes, modifications, revisions or amendments to this MOU which are mutually agreed upon by and between the parties to this MOU shall be incorporated by written instrument, and effective when executed and signed by all parties to this MOU. B. Applicable Law. The construction, interpretation and enforcement of this MOU shall be governed by the laws of the State of Georgia. The Superior Court of Augusta shall have jurisdiction over any action arising out of this MOU and over the parties, and the venue shall be the Augusta, Georgia. C. Entirety of Agreement. This MOU represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations and agreements, whether written or oral. D. Severability. Should any portion of this MOU be judicially determined to be illegal or unenforceable, the remainder of the MOU shall continue in full force and effect, and either party may renegotiate the terms affected by the severance. • 9. Signatures. In witness whereof, the parties to this MOU through their duly authorized representatives have executed this MOU on the days and dates set out below, and certify that they have read, understood, and agreed to the terms and conditions of this MOU as set forth herein. The effective date of this MOU is the date of the signature last affixed to this page. Augusta-Richmond County Public Library System ` ' ' 7 )(0/1/11Y), L 6/I /2O/7 [Name and Title ] Date ,y, 4i ; ; r i - I4 )Z� J'T [Name and Title] Date gusta: -.01* , ftC• ,HM°l144_ .t i. r. IF et 041. H fen1 Hardie 441vJ . { e: S ,. P Date 0 icht/i 71 ir • %.,0,--4..,te 0,„. s tort If I t es : Cle 9 Oipn` I Date Ihi®stibwww'*