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.
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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