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19820628SCMeeting31 Tybee Island, Georgia June 28, 1982 A special meeting of the Tybee Island City Council was called by Mayor- pro -tem William C. Fleetwood, in the absence of Mayor Michael J. Counihan, on Monday, June 28th, 1982. This meeting was called for the purpose of accepting a grant from the Governor's Emergency Fund to be used for emergency stabilization of the Tybee Island seawall, and no other business was transacted. A majority of the City Council were contacted, and approved the Resolution and contract as follows: Council members approving and signing were: Julianne J. Meyers, Jerome W. Bettencourt, John J. Owen, Jr. and William C. Fleetwood. There were no opposing votes. Councilmen James L. Fabrikant, Jr. and Nick C. Alexander were unavailable at the time of the signing; however, a majority was available for signing, and the Resolution passed without dissent. There being no further business, the meeting was adjourned. Mayor- pro -tem 2. ,,,C.C.4.541.01A-Aft, -(-1)64.0•S lerk of Council NOTE: COPIES OF RESOLUTION, COMMISSIONER'S LOITER, AND CONTRACT ARE AT'T'ACHED TO, AND BECOME A PART OF, THESE MINUTES. 1 STATE OF GEORGIA COUNTY OF A RESOLUTION APPROVING A CONTRACT AND AUTHORIZING ACCEPTANCE OF A GRANT FROM THE GOVERNOR'S EMERGENCY FUND FOR RECREATIONAL PURPOSES WHEREAS, THE CITY OF TYBEE ISLAND has made ,application to the governor for a grant TO BE USED FOR B E1 E ICY STABILIZATION OF THE TYBEE ISLAND SEA WIZ, WHEREAS, the Governor has responded to this request by an allocation to the Department of Natural Resources of $20,000.00 from the Governor's Emergency Fund for the purpose of providing a financial grant -in -aid; NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY RESOLVED THAT THE CITY-OF TYBEE- ISLAND CITY COUNCIL 1. hereby approves the contract between the Department of Natural Resources, State of Georgia, and Island ; and the City of Tybee 2. understands and agrees to be bound by all the terms and conditions of said contract; and 3. accepts with gratitude the generous grant by Governor George Busbee; and 1 31 -A -2 4. hereby authorizes and directs the Mayor- pro -tem and the Clerk of Council to sign documents and to execute this agreement by and on behalf of the City of Tybee Island. READ AND DULY ADOPTED BY THt a meeting held this 28th day of June ATTEST: , 1982 STATE OF GEORGIA ARTICLES OF AGREEMENT THIS AGREEMENT made and entered into this day of in the year of Nineteen Hundred Eighty Two (1982) by and between the DEPARTMENT OF NATURAL RESOURCES (hereinafter referred to as the "DEPARTMENT "), whose address is 270 Washington Street, S. W., Atlanta, Georgia 30334, acting for and on behalf of the State of Georgia, and the CITY OF TYBEE ISSLAND (hereinafter referred to as the "GRANTEE ") whose address is Post Office Box 128, Tybee Island, Georgia 31 -B -1 1 W I T N E S S E T H WHEREAS, the provision of adequate public recreation and park facilities, equipment, and areas; 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, the Ga. Laws 1937, pp. 264, 275 as amended (Ga. Code Ann. Sec. 43 -124), requires the DEPARTMENT to provide the above mentioned services and facilities; and WHEREAS, the DEPARTMENT is authorized by Ga. Laws 1974, p. 273, (Ga. Code Ann. Sec. 43 -1707) to make grants as funds are available to any county, municipality, local govern- ment or combination thereof to further or assist in furthering any of the services, purposes, duties or responsibilities or functions vested in the DEPARTMENT; and WHEREAS, the GRANTEE has an emergency need to employ a qualified consultant to prepare a feasibility study for a pro- posal seawall along the southern end of Tybee Island, Chatham County, Georgia and the cost of this study is higher than may be adequately borne by the GRANTEE; and 1 WHEREAS, the Governor has made-available to the DEPARTMENT the sum of $20,000.00 from his emergency funds to assist the GRANTEE with the above project; NOW, THEREFORE, in consideration of the promises, condi- tions 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 facili- ties to: (a) utilize the financial grant -in -aid to help offset expenses of performing emergency maintenance on the southend seawall at Tybee Island; (b) develop, operate and maintain the facili- ties for all of the people of the State of Georgia; (c) execute and complete this PROJECT by the 31st day of December, Nineteen Hundred.Eighty Two (1982); (d) maintain satisfactory financial accounts, documents, and records on this project and to submit them to the DEPARTMENT upon completion of the PROJECT or upon the DEPARTMENT'S request for retention and possible auditing. 31 -B -3 (2) The DEPARTMENT will, in consideration of such under- takings by the GRANTEE, pay to the GRANTEE the sum of TWENTY THOUSAND DOLLARS ($20,000.00) upon the signing of this Agree- ment by both parties thereto. (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 3 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 en- force the same, nor shall the waiver by the DEPARTMENT of any breach of any provision hereof 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 convenants that it presently has no interest and shall not acquire any interest, direct or in- direct, 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. (6) The parties to this Agreement certify that the pro- visions of law contained in the Act prohibiting full -time appointive officials and employees of the State from engaging in certain transactions affecting the State, approved February 13, Nineteen Hundred Fifty -Six (1956) (Ga. Laws 1956, p. 60), as amended, and unofficially codified in Sections 85 -913 through 85 -918 of the Ga. Code Annotated, have not and will not be violated in any respect in regard to this Agreement. -4- (7) If the Contractor is a nonprofit contractor as defined in Subsection (1)(b) Ga. Laws 1976, p. 1414, as amended, then the Contractor agrees to comply with the provisions of said Act, and in particular the requirements of Section 3 thereof, and with such further instructions and requirements as the State of Georgia may subsequently require in the implementation of said Act. (8) This Agreement and all rights, privileges and respon- sibilities shall be interpreted and construed according to the laws of the State of Georgia. 1 1 1 (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. IN WITNESS WHEREOF, the parties have executed this Agree- 1 ment to be given effect as of the day and year first above written. GEORGIA DEPARTMENT OF NATURAL RESOURCES BY: WITNESS JOE D. TANNER, COMMISSIONER THE S S GRANTEE: CITY OF TYBEE ISLAND BY:x W.M. Fleetwood, Mayor pro tein Julianne Meyers 1 1 1 Jr<e Eixnuer RECYCLEODQe■ SPAPER COMMISSIONER 31 -C -1 pejrxrtme itt of 'cNatur iI ilestrurces 270 WASHINGTON ST.. S.W. ATLANTA. GEORGIA 30334 (404) 656.3500 June 23, 1982 The Honorable Michael J. Counihan Mayor, City of Tybee Island Post Office Box 128 Tybee Island, GA 31328 Dear Mayor Counihan: As you are aware, Governor George Busbee has approved a Governor's Emergency Fund Grant in the amount of $20,000 for performing emergency maintenance on the southend seawall at Tybee Island. You will find enclosed several documents which need to be executed prior to July 1, 1982, by appropriate officials. (1) A Resolution authorizing acceptance of the grant, (2) A Grant Contract, (two signed copies) and (3) Resolution Certificate. Please complete each document and forward all copies as quickly as possible to Lonice Barrett, Room 815, 270 Washington Street, S. W., Atlanta, Georgia 30334. Upon receipt of these documents the contracts will be executed, processed and a check issued to the City. My staff is preparing a news release which will be distributed to your area news media. If you have any questions concerning this process, please contact Lonice Barrett at 404 - 656 -3500. JDT:cb Enclosures (4) Si cerely, D. Tanner cc Senator Tom Coleman Representative Bobby Phillips Tom Perdue AN EQUAL EMPLOYMENT /AFFIRMATIVE ACTION EMPLOYER