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HomeMy Public PortalAboutonegeorgia-08242018103807.pdfMemorandum of Agreement OneGeorgia Authority and the City of Tybee Island THS AGREEMENT is made by and between the OneGeorgia Authority, having principal offices at 60 Executive Park South, NE, Atlanta, GA 30329 (hereinafter referred to as "Authority") and the City of Tybee Island, P.O. Box 2749, 403 Butler Avenue, Tybee Island, GA 31328 (hereinafter known as "Jurisdiction"). WHEREAS, Georgia's beaches sustained damage during Hurricane Irma, Hurricane Matthew, and other naturally -occurring events; WHEREAS, in an effort to offset capital outlays necessary for expenses related to beach renourishment expenses, the FY18 amended budget (HB 683, as signed by the Governor on March 9, 2018) designated ten million dollars ($10,000,000.00) to the Authority for beach renourishment projects; and WHEREAS, the Authority seeks to issue one time grants to impacted Jurisdictions for reimbursement of beach renourishment activities. In consideration of the mutual premises and covenants herein contained and intending to be legally bound, the parties hereto agree as follows: 1 .Definitions 1.1 "One-time grant" shall mean an amount of up to $5,000,000 that shall be available to the Jurisdiction. 2. Term The term of this Agreement shall commence on July 1, 2018 and end on April 30, 2020. 3. Compensation 3.1 The Authority will disburse the amount of up to $5,000,000 in periodic reimbursement payments to the Jurisdiction. The Jurisdiction may begin submitting request for disbursements under this Agreement for eligible activities in accordance with Section 5 of this Agreement, upon execution of this Agreement. The Jurisdiction must be in compliance with all requirements in this Agreement at the time the reimbursement request is submitted to the Authority. The Authority shall disburse payments for all eligible activities in reimbursement requests within 30 days of receipt of the reimbursement request. The executed agreement shall be received by the person denoted below no later than August 31, 2018: Georgia Department of Community Affairs Attn: Anna Hensley 60 Executive Park South, NE Atlanta, GA 30329 Anna. Hensleyadca.cia.gov (404) 679-4912 3.2 Funds will be disbursed to: City of Tybee Island PO Box 2749 Tybee Island, GA 31328 3:3 Should work resulting in the expenditure of all funding not be completed by April 30, 2020, the Authority shall make the balance of funds available to another recipient with funding under this program who has fully expended its funding and has additional projects that could commence immediately following turtle nesting season. Should another recipient have no needs for remaining funding following. April 30, 2020, this Jurisdiction will be given the opportunity to expend the funds. If, however, multiple jurisdictions have funding remaining at the conclusion of the performance period, the Authority, through the Commissioner of the Department of Community Affairs, shall be the sole arbiter in determining the allocation of remaining funds. 4. Compliance 4.1 Any jurisdiction designated for this one-time grant must be in compliance,as of the date of disbursement, with all state audit, reporting and planning requirements as required for receipt of state funds. 4.2 The Jurisdiction must maintain compliance with all state and federal laws in its administration of eligible activities. 5. Eligible Activities 5.1 Funds allocated to the Jurisdiction may be used for necessary studies, planning/consulting/engineering activities, obtaining necessary state and/or federal permits, construction or reconstruction of beaches and/or dunes (including dredging and placement of sand), location -appropriate natural vegetation necessary to maintain dunes, construction/reconstruction of dunes, installation of rock revetments, or other activities deemed appropriate by the Authority. 6. Miscellaneous 6.1 All notices and other communication required or permitted to be given under this Agreement shall be addressed to the parties at their respective addresses set forth below unless by such notice a different person or address shall have been designated. Georgia Dept. Community Affairs Attn: Anna Hensley 60 Executive Park South, NE Atlanta, GA 30329 Anna.Nenslay(&dca. ga.gov City of Tybee Island Mayor Jason Buelterman P.O. Box 2749 Tybee Island, GA 31328 mavoracitvoftubee.orq 6.2 The parties to this Agreement are and shall remain independent contractors and nothing herein shall be construed to create a partnership, agency or joint venture between the parties. 6.3 All questions concerning the validity, operation, interpretation and construction of this Agreement will be governed by and determined in accordance with the laws of the State of Georgia. Venue with respect to any action shall be in the Superior Court of Fulton County. 6.4 No waiver by either party of any breach of any provision hereof shall constitute a waiver of any other breach of that provision or any other provision hereof. 6.5 This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof and merges all prior discussions between them; and neither party shall be bound by conditions, definitions, warranties, understandings or representations with respect to such subject matter other than as expressly provided therein. This Agreement may not be modified or altered except in writing by an instrument duly executed by authorized officers of both parties. No other terms and conditions, oral or written, be they consistent, inconsistent, or additional to those contained herein, shall be binding upon the parties, unless and until such terms and conditions shall have been specifically accepted in writing by the parties. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS] 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers the day and year set forth below. For the Georgia Department of Community Affairs G. Christopher Nunn, Commissioner Date: 2- r O /8' For City of Tybee Island Jason Buelterman, Mayor Date: 3ac X011