The URL can be used to link to this page

Home My WebLink AboutDCA Agreements Augusta Richmond GA DOCUMENT NAME: \) C AA'){GG~}r) e.lVTS DOCUMENT TYPE: 'A OJ (( (;SG In 8~T & YEAR: ;). DO d.. BOX NUMBER: J to FILE NUMBER: ) {p ~ 5 cr NUMBER OF PAGES: 835 o 3-~L-~9'd @ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $30,000 in Local Assistance funds for Augusta/Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds for operational expenses for Delta Leadership Training Program in Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers 1. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, t?/a--). Laura J. Meadows Commissioner LJM/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L:.J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this JL day of June, 2002, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and DELTA LEADERSIDP TRAINING PROGRAM hereinafter referred to as the "ORGANIZATION"); WITN ESSE T H: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUSTA a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUST A deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERA nON of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of$30,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perform the following services, which AUGUSTA has determined renders a substantial benefit to its citizens, to wit: To provide programs for the disadvantaged, thereby promoting public health and safety, including operational funding. AUGUSTA has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 / Police and ftre protection; r Garbage and solid waste collection and disposal; ./ Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of trafftc on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, puriftcation, and distribution of water; r Public housing; r Public transportation; r Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUST A has agreed to provide the State with any information, documents and/or photographs that AUGUST A, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or financial statement of AUGUSTA and any future audits or [mancial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUST A documentation of Fund use or a copy of audited ftnancial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved fmdings of AUGUST A concerning expenditure of the Funds, whether based on an audit report, fmancial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such fmdings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any infonnation AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's perfonnance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. S 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. S 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under S 501(c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: ''No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of La Grange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernaturaI beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as dermed above. 10. AUGUSTA may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of termination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be determined the Grant from the State to AUGUSTA is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to. AUGUST A any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: J~UA-V) ~ . DELTNLl;{\.DERSHIP TRAINING PROGRAM I J I (, {./~ 4--lr ~~~~~.~~ , IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. DELTA LEADERSHIP TRAINING PROGRAM ORGANIZA '(ION /lL' ...J . By: UVu..a:L-. ~ As its f/lt~c....~ / ATTEST: Title: Sworn to d sub~cribed before me this I iDoJe' day of ~L Notary Pue ~ My Commission Expires:nL1 rz ~ Oe.c d O!Lf.-. ~ I;r - ;;';;; ':!~ ~. - -.. ~ ....-0 -~ /. ',? ~' .~ 5 y: AUGUSTA-RICHMOND COUNTY COMMISSION JAMESB. WALL CiTY A TIORNEY LEE BEARD TOMMY BoYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS Boo YOUNG Mayor P.O. Box 2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RlCHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: DELTA LEADERSHIP TRAINING PROGRAM From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY A TIORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLlMI B. KUHLKE, JR. WM. "WILLIE" JL MAyS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 F A.X No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: DELTA LEADERSHIP TRAINING PROGRAM From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis CC: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1. Attached is Copy State Grant Documentation for ~-C-L-~tate Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. {}-/-rtJ S J] ~S /Y I L-Lt/L -~ -A"t-rS Name t.~'..J ~ . f..dJ.o Telephone No. (70bJ~~ - 3~ 7<0 Address (p'easeArint) Signature ~~ 1)~ - ~ ~+ ~~ k~ HUA-V-U.,) 111& A-- ;f~ Au-~I-.-, 6ft 3D901 . Page 1 .('\ -"if Grant No. 03-C-1r892 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS TffiS AGREEMENT entered into this 1st day of July. 2002. 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"). WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of a.c.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts. an amount not to exceed $30.000 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. Accountability. 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 returned 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: $30.000 Within twenty days of the Department's receipt of the executed Agreement. $30.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. ""~ ~ Grant No. 03-c-L-892 Page 2 of 5 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. 1345-10-20 through 1345-10-28 and O.C.G.A. 1336-67A-l through 1336-67A-6 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 LeI!a11v Bindinl! Act. The Recipient certifies that it is duly organized. validly existing 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 a. Monitoring and Auditinl!. 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 the Department. until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of O.C.G.A. 1336-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of O.C.G.A. 1336-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 8. ODen 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 A.l!encv or PartnershiD. 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. ~'i- ~v Grant No. 03-C-L-892 Page 3 of 5 11. Satisfaction. In the event the Department determines. in its sole discretion. that the Recipient: (1) has failed to comply with the terms of this Agreement in a timely manner; (ii) 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. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectartan aid. In the words of the Constitution. "No money shall ever be taken from the public treasury. directly or indirectly. in aid of any church. sect. cult. or religious denomination or of any sectarian institution." Ga. Const.. Art. 1. Sec. II. Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange. 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally. without reference to such beliefs and practices. 1988 Op. AU'y Gen. AU'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God. 153 Ga. at 433. or. as the dictionary puts it. belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second . College Edition 1044 (1982). ''The term 'church'is one of very comprehensive signification. and imports an organization for religious purposes. for the public worship of God." 153 Ga. at 433. "Sect". "cult" and "denomination" also relate to "a distinct organization." with "a common system of faith." "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization." but may also mean a "custom. practice. relationship. or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement. it is the responsib1l1ty of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it. and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire A.!!reement. This Agreement 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. [Executions on following page] ... .;..- Grant No. 03-G-L-892 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT FOR THE DEPARfMENT OF COMMUNIlY AFFAIRS By: ~7lA-G f By: ~6 \A.l~.u.s-S Laura J. Meadows. Co~oner Federal Employers ID Number: 58-2204274 Attachments: Exhibit A. "Scope of Services" ,... ~ Grant No. 03-C-L-892 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County for operational expenses for Delta Leadership Training Program in Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public durtng stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. Office of the Mayor Bob Young, Mayor Room 806, Munidpal Buildjng 530 Greene Street, Augustar GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329 Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA TION .. . GRANT NO. AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. . 03-CL-15 $50,000 ARC Animal Control 0;3-CL-2Q $15,000 Augusta Ballet 03-CL-887 $25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 . Harrisburg Westend 03-CL-16 $35,000 Aug usta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond Academy , 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 Augusta Neighborhood 03-CL-26 $5,000. Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 Services CSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 African/American Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, GEORGIA DEPA.RTlVIENT OF COMMUNITY AFFAIRS Laura Meadows COl'vIMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20,2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following . Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant~o.03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 GrantNo.03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 GrantNo.03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-891 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAl. HOUSING ~ OPPORTUNITY . L.:J 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231' (404) 679-4940 www.dca.state.ga.us An Equal Opportlmicy Employer @ Recycled Paper STATE OF GEORGIA DEPARTMENT' OF COMMUNITY AFFAIRS, , ATLANTA, GA BANK 1100-1000 GROSS AMOUNT . ~ 'e Page 001 OF 001 VQI1dor No; 0000013727 Vendor Name; AUGUS TA/R I CHMOND C.OUNTY INVOICE NUMBER 03-C-L-13 03-C-L-14 03-C-L-1!i. 03-C-L-16. 03-C-L-17 03-C-L-18 03-C -L-18.T 03-C-L-19i 03-C-L-20 03-C-L-21 03-C-L-22 03-C-L-23, 03-C-L-24; , 03-C-L-25 03-C-L-26' 03-C-L-27 03-C-L-29 03-C-L-30 03-C-L-31 03-C-L-886' 03-C-L-887: 03-C-L- i188i, 03-C-L-89Cr 03-C-L-891 03-C-L-892,' 03-C-L-893< , 03-C-L-894. 03-C-L-895~ 03-C-L-896. ' 03-C-L-897 03-C- L-898J ,03-C-L-899' , Check No:.' . I . . Check Date;; Check T alai ;', . 0000058381 08/14/2002 $650,000.00 , 000041613;, 000041614. 000041616~, 000041617 000041619' 000041621 00004160'1 000041624; 000041626~ 000041630: 000041632, ' 000041636; 000041636, 000041638s. 000041641' 00004'1683; 000041685; , 000041587: 0000416991 000041604': 000041606" 0000416091. 000041620: 000041623~ 000041627' 000041631:, , 00004163.s;.: 000041637':", . 000041640: .'.. . 000041644' 00004164'P 000041660~ AMOUNT . PAID 50,000.00 26,000..00' 50, 000.00' 35 000 00: 25: 000.: 00 15,000.00, 10,000..00. 10,000'.00: 15,000.00 10,000.00 10,000.00: 5 000 00" 10;000:00 5,000.00 5,000.00. 5:,000.00 10,000.00; 40,000.00: 60' 000 OO~' 16: 000: 00. 2!: ,1.)00'. CO- - 25,000.00: 30,000.00' 10:,000.00: 30,000.00; 25,000..00: 16.,000'.00; 20',000:.00 15,000'.00: 16,000'.00: 26,000. DO: 16" 000.. OO~ 08/13/2002: 08/13/2002' 08/13/2002 08/13/2002 08/13/2002: 08/13/2002 08/13/2002. 08/13/2002' 08/13/2002. 08/13/2002- 08/13/2002: 08/13/2002. 08/1312002 08/13/2002' 08/13/2002 08/13/2002'- 08/13/2002" 08/13/2002 08/ 13/2002~ 08/13/2002' 08/13/2002.' 08/13/2002' 08/13/2002 08/13/2002 08/13/2002 08/13/2002' 08/13/2002 08/13/2002. 08/13/2002' 08/13/2002: 08/13/2002" 08/13/2002. .~Jts,;';~~i> ,Ar1i~.. ..".~,. '."'.' "'....., \~,'.~.;,:7.~:j:it {.t~1.:' J~&~..'.~~:. WACHOVIA BANk';:..' _. 1-. " ;..::cr'~~w.::'~~~ . ,-..' . . ',. '." ' -. .::~pi ~~~': ~~~'OF~GEO:B:(;fA~~?i'" ,::;,-,;;.>,"j tieA"Rb'tM~liF: CaMMUN:I,M:~Jffi"A;i' , j' r.'{,B:O.::>EXECll!l'tW,E', P'ARK' SOtl.TRijl~fE.::, I :.,.,,,. .;:i;;""";'" ... ,.. 303 . ~..f:~.",::: '~';i,? "'~"~';~\ ~:~ to u';~"Orde ~}o .,y~iU:GUS'Ti~jR I c'H~B1itr., COU~" "$> '. i,:'i: , ,.. ~~~; GR~~NE, STREi~r ' '. , :;'::' . . l~i~:' ':::~~':~ ..:....:~~~? ~ ','-:':"~~.:' ~.~, Pey,execUy '~illf.t.:.~,~NDRED(FIFTY"'.:'1;!l.OUSAND' ,.A'NOI OO~~ ..~~~~ .,,1" ,', I'.'i.~' ",..,,:t. 0 .'~". 60,000.00' 25,000.00 60,000.00 35,000.00 25,000.00 n. 15,000.00' 10,000.00 10,000.00 .... :" 16,000.00 '. " 10,000.00 10,000.00, . " 6,000.00 ~. 0' 10,000.00" : '. 5,000.00 ,. 5,000.00 '. 5,000.00 10,000.00' 40,000.00 50,000.00' .. .. 16,000.00: .. 26,000.00 , 26,000.00; 30,000.00 , 10,000.00 ., 30,000.00; 25 ,000.00; 16,000.00'. 20,000.00 16,000.00' 15,000.00: 25,000.00. 15,000.00' " _, 0 _ :'.~ _ '( 0.00: . '" 0.00. ',' 0.00 0.00:. 0.00 '. O. OO~ 0.00 0.00. 0.00. 0.00' o . OO~' ~ 0.00" 0.00::' 0.00' , ", 0.00:; . O,.OOc" 0'.00' ': 0.00.. 0.00,; 0.00' 0..00.: 0.00: . 0..00;" 0,00: '. " 0;.00;' , '. 0 OO~.. '- 0:00' .' 0.00:;' . . 0'.00' ",:. 0.00:' 0'.00: 0,00, . ' .:~ , : ;'t ." I ~ I 1 I J .1 !]I .~ ~! '~~l , . ";~,, ." . CM'CIo,No. ' ;.::.\l! ' "P",; 1") .~"1" ~ . . . ..:i1 .. '~." f ":-?hl" V~Nii:t.';a000013727i;' ..:~;:r'l~: :~~;,.~~,~. ~~1~~": :~l ..--fl; , ~~'''.~ "'\ :~~'~I ,"9" $660.000.00 .;; : ~.~.".t/... '::'~!I ~ . .........~..IIl,.".. ..q, . "{j! ~~: .:~; .7";, ,';r '11;) ,..~~:.,~ II /~~{.: ";~,":' .......". >1.1~~1.. 11100000 58 ~8 ~1I1 1:0 b ~OOOO ~Ol: 0'7 0 ~ '7 ~ b Sill ,.:<t"~";:~~;.,.,_ . .:l: Tn CI '~r Q'<!: tf"'_"-"'''_'';;J~'''''~'''''''-'l''\' U. " ,,~-: :1Ir<" ,ir,/! r iP e:.r::..l" Iii "-."!. ;011" ~.." "~ ~,",...j; U-,j'~ .:L.::J~~~ ~.... ...... ~j ii''b. a .~.~.,u-tt.:l"ln..1:1r.....~.t:'":r.r...~ Lena J. 8o.'""jrer.r Cr"lC ClErk ,:i ~:of'.lmi:.;sj0n l\.~ancy ~Y~lJra'N,;;ki Deputy Clerk R(lO,T\ 306 .- ML:nidpa! 3uilding 5.30 G~!::ef"!e S~'i2et -. ::I,u:;UST A, t:;,\. 309 n (706) S21..182'j - i=AX (7,jij) 821.-1838 September 5, 2002 Honor2ble Charies W. \Nalker, Senator Augusta-Richmond Leglsiative Delegation P.O. Sox 1282 Augusta, Georgia 30903-1282 Dear Senator IN a!ker: As requested, enclosed are the following 2003 DCA Local Assistance Grant Awards: AGENCY AMOUNT I I Auausta Mini Theater $50,000 I Auausta Mini Theater $50,000 Southside Tutorial Program $20,000 1 Lucy C. Laney Hiqh School $15,000 Richmond Academv $25,000 Auausta Sallet $25,000 Delta House $25,000 . .. Golden Harvest Food Sank $10,000 Delta Leadership Trainina Proaram $30,000 Southside Tutorial Proaram $20,000 If I can be of further assistance, please feel free to call me at 706-821-1820. Enclosures: AUGUSTA-RICHMONO.COUNTY COMMISSION 083915 " " ,":,:,: ":" , , DESCRIPTION, """,, :.::.......:".,..J .~. !(~:P.OCNUMBER:.i .'"INVOICE:NUMBER""" i " ',.;INVOICE'AMOUNT:,. ....".- :~..i.:,,:.~j'. :-. ." /.... ..... :,;:;.;.: 'i:~NE:r'AMOUNT' ;:~~':::-. w PRANT 03CL892 30 , 000 00 0 00 30 , 000 00 , . .. - CHECK NUMBER CHECK DATE TOT." NVOICES DISC TOTAL CHECK TOTAL 083915 08/30/02 30 I 000 00 0 00 3 0 , 000 00 I' I I I' .. II :' I ",,<,' J "" ,..,' \ .;' . . " ~ " '-" .~... ,,",.!' "Iii: 't" I, ~; :11":'.' '.,1" 'AUGlJSTA.;RICHMOND COUf\J!TY , ,'r CO~MISSI9,N. )~I:"I 011"":" , ROOM 105, ACCOUNTING'DEPAR!,MEN:r\"';;,~I,t(, , '" >:530'GREENESTREET " ' ,,,",,." "t,;' "," / .-~i- ~:~~G.~STA,~~EpRGI~,'~O:~~~',~"~':;' ".:',I/~I.':';:~ <~,~;\;r,;,' '. 'PHONE("106) 821-2334'.' ' , .,: ",(. .,-"::,11)". f~ ,r/ '-: '.' ;.' .,~-~: " .1~~ .~ 1\'~,2'~:'~~:~' I I I : I I I I I ~~,;<:~ ~1~").,~I.'wll~..,'-' lL..'.:>jr;! ..': 'i1'~';~!'I!'~",' UIIII~"t.'). rl~: ,,~'<~,'~ 1 - , ' .J '. .. ',.r ~ .:~: ,.,1 0"0'('1. 71 "KrnN 0' C"E' 'N', 'T'S "~'::""'.. e' Ftl""" I, 1,~.l"U.:'J.W ".. ,,:"t;J, lil'llll"/'..I',,- ~ rl" jJ t~~ \"",/"" ,""tl,:. _.r"",,"~.,;'"' :I~' ,,:I'~ 1",11":; :" 1,1I1),.J:l' \,,, } r ,I /, r"~ "dl ;~ i:~' jli,,,,I~. l;rI. I~/,r..,~. 11,1,1 " ;Ij, ",,'j' ',I ,~' ~'~tf,~I", .l'"' II~ I r ,.',' ". 1"]~~ ":' ,,'1)",' \~ ""'~I ' ~',I'"Jj,~). fJ :~'~.'''''~~I i :11 n, I:~, ':r,r, ,II'~ ,~.;,~ .' f 'lill'~,l ~! tr.'~~, ',',il /~ f'\ ""b/i/VOID A'F.Ji~~)90 DA'(Si,) "Ji:i\{. ;;j~:i; ;Wj~~jI~J~~jQA~i''':i#j~: i1:;#[iji~~~1~~iAi~f ,,, '~;~ (~~3,i' 0':8:73 0/(3'2/: :' ',:& 8 3-91 ~n ,'~::/.~{J '~~':~l" .,~:!~""/",, ':..~~~":;;,'__.' ':~ ":'." II" ."r-- ~ ,,' , ~ ''''} PAY TOTHL ORDER,' ,'"OF T01031 ID ELT A LEAD,:sRSH T1?:~;TR.:A;J:N![I~G;:"PROG~> ~_"'-.'.,' t. ,,'" "I' S''::'STI :r~'t~ <>.,,1 '.~')lI," :,.C'"~\..~ . _:':'.'j 111!J PHI.LL ,P " , ".",, ;/: <"'.."",,'/.; . .., ,'" .....,,) ~ ,I; .,'1 . ~ .:1 ". -,I .~~ AUGUSTA',,",,'GA 30901,-< ",~;:;,' /":,,"",;";1' '.. - '. '. -~.;--;: - '. {~~~<(~~ \:j,'r':':>"'~'~;~;';'~ r~~~~1 r~~:?~~:~f:.~'~':~~~ , :;'.~.;~ ;,!::-.' '-,1 r.,~~ ,~,", Ji7J" /l;'i~:j1.";,'~~r,~ ,I/("KI'"" :.~ '~'A0~~a' J(![:: ~~I'GJ~}~jl\ . ,t ' 'p'" ... ,..1 e.J". ". 1'1. \"'~ ., ~ ~ ....~. \ , ',' ASSISTANT COMPTROLLER, :', I. , "f /-, ,; . ~~ ~~, . "C"J~~./;p~ II,I.~,,:.' ,ij~~~~' ~':~,~' > ~~.~::::'~ ,'Y,'" ..' FIRST UNION NATION~t! BANK .' AUGUSTA, GEORGIA I I ~ " ;.- /, III 0 8 j g ~ 5 III ':0 b 1.000 2 27': 208000070287 bill " i GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following . Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 GrantNo.03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. eaUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. . Atlanta, Georgia 3032Y-2231 . (404) 679-4940 w\vw.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper Honorable Bob Young August 20, 2002 Page 2 . , ~ I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. UMIja Enclosures ~C).;J(~ Laura J. Meadows Commissioner 03-C-L- f595- CD GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $20,000 in Local Assistance funds for AugustaJRichmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds for operational expenses for Southside Tutorial Program in Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers I. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, d aM-J Laura J. Meadows Commissioner UM/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this...&- day of June, 2002, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and SOUTHSIDE TUTORIAL PROGRAM hereinafter referred to as the "ORGANIZATION"); WIT N E SSE T H: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUSTA a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of $20,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the tenns set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the FW1ds' the ORGANIZATION agrees to perform the following services, which AUGUSTA has detennined renders a substantial benefit to its citizens, to wit: To provide programs for the disadvantaged, thereby promoting public health and safety. AUGUSTA has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 r r r / Police and fire protection; r / Garbage and solid waste collection and disposal; Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purification, and distribution of water; r Public housing; r Public transportation; r Libraries, archives, and arts and sciences programs and facilities; Terminal and dock facilities and parking facilities; Codes, including building, housing, plumbing, and electrical codes; or Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUSTA has agreed to provide the State with any information, documents and/or photographs that AUGUST A, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor perfomlance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or fmancial statement of AUGUST A and any future audits or [mancial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUSTA documentation of Fund use or a copy of audited financial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved findings of AUGUSTA concerning expenditure of the Funds, whether based on an audit report, financial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such findings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. 9 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. 9 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under 9 501(c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article I, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the perfonnance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City oj LaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as dermed above. 10. AUGUSTA may tenninate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time oftennination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be detennined the Grant from the State to AUGUSTA is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUSTA any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. SOUTHSIDE TUTORIAL PROGRAM ORGANIZATION ATTEST: Title: rfY - " '" ? \~ t~u ~ .~~ \c~'- .~ : , 5 AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY A TIORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. Will. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: 1WALL@CO.R1CHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: SOUTHSIDE TUTORIAL PROGRAM From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY A TIORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.R1CHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tem MEMORANDUM To: SOUTHSIDE TUTORIAL PROGRAM From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis cc: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1. Attached is Copy State Grant Documentation forl~-C-L-~tate Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. Name~ L. ~m.#~~ TelephoneNo.~t- 73?-~~z., (Plea~ep.rint Signature Address 75,4 ;c.,jJ 3#/67 (1"t )73J-~/) J;L . Page 1 ,':., ., Grant No. 03-C-L-895 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUmTYAFFMRS AGREEMENT FOR GRANTING OF STATE FUNDS TinS AGREEMENT entered into this 1st day of July. 2002, 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") . WHEREAS. the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of a.c.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 authoIity 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 Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts. an amount not to exceed $20.000 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. Accountability. 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 pIinciples. Any funds not expended for the purposes provided herein shall be returned 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: $20,000 Within twenty days of the Department's receipt of the executed Agreement. $20,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. fr" .i Grant No. 03-C-L-895 Page 2 of 5 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. a.c.G.A. ~45-10-20 through ~45-10-28 and a.c.G.A. ~36-67A-l through ~36-67A-6 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 Lel!ally Bindinl! Act. The Recipient certifies that it is duly organized. validly existing 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 a. Monitorinl! and Auditinl!. 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 the Department, until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of a.c.G.A. ~36-81-8.1 with respect to the completion and submission to the State Auditor of a "State . of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of a.c.G.A. ~36-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 8. Open MeetinlZs. 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. ....'\ .7 Grant No. 03-C-L-895 Page 3 of 5 11. Satisfaction. In the event the Department determines. in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (lii) 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, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly. in aid of any church, sect, cult. or religious denomination or of any sectarian institution." Ga. Const.. Art. I, Sec. II. Par. VII. (b). The "Sectarian Aid" clause prohibits the peIiormance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange, 153 .Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, .the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433. or, as the dictionary puts it. belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes. for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization." with "a common system of faith." "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom. practice. relationship. or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it. and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire AIlreement. This Agreement 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. [Executions on following page] .... ~ :; Grant No. 03-C-L-895 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date fIrst written above. FOR THE RECIPIENT FOR THE DEPARfMENT OF COMMUNIlY AFFAIRS By: ~:~~ , BY:~~~~ Laura J. Meadows, Co~oner Federal Employers ID Number: 58-2204274 Attachments: Exhibit A, "Scope of Services" 4i: * Grant No. 03-C-L-895 Page 5 of 5 EXHmIT A The Local Assistance Grant shall be used by Augusta-Richmond County for operational expenses for Southside Tutorial Program in Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose. the purpose must be accomplished through a contract for services by the named private entity. or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity. such as improvement of a facility. Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. .... .. / Office of the Mayor Bob Young, Mayor Room 806, Municipal Buildjng 530 Greene Street, Augustar GA 30911 (706) 821-1831 - FAX. (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N,E. Atlanta, Georgia 30329. Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA TION .. . GRANT NO. AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. . 03-CL-15 $50,000 ARC Animal Control 03-CL-2Q $15,000 Augusta Ballet 03-CL-887 .$25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food. 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 . Harrisburg Westend 03-CL-16 $35,000 Aug usta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond Academy 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 Services CSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 African/American. Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. GEORGIA DEPARTMENT OF COMMUNITY ~L\FFAIRS Laura Meadows COl'ilMISSlONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20,2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following . Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EaUAL HOUSING ~ OPPORTUNITY ~ 60 Executive Park South, N.E.' Atlanta, Georgia 30329-2231' (404) 679-4940 www.dca.state.ga.us An Equal OppomLlliry Employer @ Recycled Paper Page 001 OF 001. Vendor No: 0000013727 Vendor Name: AUGUSTA/R ICHMONO C.OUNTY INVOICE NUMBER 03-C-L-13 03-C-L-14. 03-C-L-15 03-C-L-16. 03-C-L-17. 03-C-L-1a 03-C-L-1S:7' .03-C-L-19, 03-C-L-20 03-C-L-21 03-C-L-22 03-C-L-23, 03-C-L-24; . 03-C-L-25 03-C-L-26: 03-C-L-27 03-C-L-29 03-C-L-30 03-C-L-31 03-C-L-886' 03-C-L-88T .03-C-L-1I8S,', 03-C-L-890. 03-C-L-S91 .03-C-L-892: 03-C.-L-893: .03-C-L-894. 03-C-L-895. 03-C-L-S96: 03-C-L-897'. 03-C-L-89S, 03-C-L-S99' 'STATE OF GEORGIA OEPARTMENr OF COMMUNITY AFFAIR~ ATLANTA, GA BANK 1100-1000 08/13/2002.' 08/13/2002 08/13/2002. OS/13/2002. 08/13/2002.: 08/13/2002' 08/13/2002 OS/13/2002.- 08/13/2002 08/13/200Z 08/13/2002' OS/13/2002: 08/13/2002. 08/13/200X 08/13/2002' 08/13/2002- OS/13/2002:. 08/13/2002- 08/13/2002, 08/13/2002.' 08/13/2002,. 08/13/2002' 08/13/2002' OS/13/2002, 08/13/2002 08/13/2002. 08/13/2002 08/13/2002 OS/13/2002 OS/13/200X OS/13/2002" OS/13/2002.' 000041613... 000041614~ 000041616;. 000041617. 000041619, 000041621. 00004160.' . 000041624: 000041626:. 000041630' 000041632, 000041635: 000041836; 0000416381. 00004.1641. 0000415S3' . 000041585; 000041587: 000041599; 000041804: 000041606' 000041609, 000041620; 000041623 000041627. 00004163 h: 0000416341: 00004163.7,;.:- 000041840~ 000041644j 000041647~ 000041660~ . GROSS AMOUNT 50,000..00. . 25,000.00. 50,000.00 35,000.00 25,000.00 15,000.00' 10,000.00 10,000.00 15,000.00 10,000.00. 10,000.00, 5,000.00' 10,000.00:- 5 000 00' 5:000:00 5,000.00 . 10,000.00 40,000.00. 50 000 00' 15: 000: 00' 25,000.00. 25,000.00. 30.000.00.. 10,000.00 30,000.00: 26,000.00, 16.000 . OO~. 20,000.00 16,000.00' 15,000.00: 25,000.00. 15,000..00 /I .": . Check No:. . Check Date:: Check Total;... . DISCOUNT , TAKEN. ',: j 0.00: 0.00 0.00 0.00 0.00 0.00. . 0.00 0.00 0.00. 0.00' 0.00.' . 0.00' 0.00. :' 0.00 . 0.00:' .0.00:' O.OOl. 0.00. 0.00., 0.00: O..OQ: 0.00::. ... 0..00. . . '.'." . : ,.. 0.00:'. .0'.00: . O. OO~ .. ," .. . O. OO~' , 0.00; 0'.00: 0.00;. 0'.00: 0,00; . "'J: ' . ':.-.' :;'!~. < .':. .,' .; . .J~ ...,,1 :;. .....,., '';''" . .". .1.:;" '~.., . . ..,>'t'~:\r.~_\!~:~:. \.:. . ....- ii;7~';~~~[ ~:. :. . '~:~:'/::~' ~\W4:~lf~'tE:,OE .GEOF.l~~\;.? " EJ~~.~EN~Q:F. C~MMUNJ;:mNJtl1{A\~ .,' ,~,ao.:';"E:'lfEClJ!'WV,E.. P-ARK SOlJTHr.~~.~. ''''.'''~ .A'NO,lt" Gj\>,303 . :\it~~;::'" :~.'./' .. ~~/C.;, ;-'...I;'.~~"~ .. ;}Tf. ;~d .~.~~;:t; ,::;~~/:' -. ,.~. '\ '. .";:'"~~. "".:'~ f .~~~~ >;':.:~;'~;;' ~~4f.l . 114}:Hl02 ...,;, ..... . ChKk"Oatv,. '->!, _..,J' ,~~. :~~r., ",,;,:.jl~~~-'~ :.-('~: P"ay lIltlie.Ordei: 'l.)Jl.lGUS,TA)R I eHMONO' COUNn,' ':. ",. .'5"30;. GREENE. S.:rR5C\T"' .. .c.. '..:~ii,,:>t~J:.>".. . .".~~i( .q" Pa~.Exactly 'S~;;HUNDRED~ F I F TY:,::1rHOUS AND ' ..A"N.b~ 00 .:~~&v' ;"~' ,_, ;;~~". -:,,:.~,:l~, fl WACHOV IA Bi~f~}\~ ':':"\-'~'-.' ....;::;:..~. . "~' l~t.. " ~'~~~~~. .....1t'. .'~..:::RO...... ..~lf;~. . ~W ;:, .':11:.,'1< ~, . ,ft:;: .:f~: :.f!~.-:~sJt.... :" ':- ' 000005S381 . OS/14/2002. . $650,000. OO'.~: ":1::1 ; ~'.j AMOUNT PAID 50,000.00 25,000.00' 50,000.00. 35 000. 00 25:000:00 15,000.00, 10,000..00. .. , 10,000'.00. 15,000,00 10 000. 00' 10;000:00 S, 000 . 00' 10 000 00 5'000' 00' 5: 000: 00, 5. 000 00' . 10: 000: 00; 40,000.00:. 50. 000; 00: 15:000:00~ 2: ,OQO. CO::., I 25,000..00: . I 30,000.00' 10:,000.00' 30 000 00 25: 000,: 00: 15,000.00: 20',000..00: 16.,000.00, 16,000.00., 26,000.00: 16,000.00' ,,' .. J T~l :~I ~I ~11 ;~: "~l ~I $650,000. 00 ';~I :~~I . :*"-.... ". 7"'''M~':-~~ '. .;,.\1 ~~! ::~: ,}~~ -'I;'" ':!i~\~;:,,""t),~ ,,100000 58 ~8 ~1I1 1:01; .0000 .01: O? o.? L.I; Sill Page 0.0.1 OF 0.0.1. Vendor No: 0.0.0.0.0.13727 Vendor Name; AUGUSTA/R ICHMONO C.OUNTY .;~:0: ~~i1 ~~J U~::~~4~ ~. ~ I!J4...'r,~ r";':~:~\:1:~ 'boll'. .....1',. ....~ . aaY14iio02.';- .. . CMcldlata' p'a~ to ~~. Ord~~:~USIT'~;t'R I CH~d~;- COU~~~'- '~ , . ~fJt{ ~;19. GREENE. STREi~T. .' .,' '~~i1~e~., . -.'~1/ Pa~',Exactly '~~Xf:;HiJNDRE'D'~ F IFTy;\-:i;loUSAND' '~.D~~.~~~ . . ./~... INVOICE NUMBER C3-C-L-13 C3-C-L-14, C3-C-L-15- C3-C-L-16. C3-C-L-17. C3-C-L-1S C3-C-L-1S.T .C3-C-L-19, C3-C-L-2C C3-C-L-21 C3-C-L-22 C3-C-L-23 C3-C-L-24: C3-C-L-25 C3-C-L-26: C3-C-L-27 . C3-C-L-29 C3-C-L-3C C3-C-L-31 C3-C-L-SS6 C3-C-L-SS7' .C3-C-L-lISS. C3-C-L-S90 C3-C-L-S91" C3-C-L-S92' C3-C-L-S93: C3-C-l-S94. C3-C-L-S95~ C3-C-L-S96.. . C3-C-L-S97. C3-C-L-S9Si C3-C-L-S99; . INVOICE DATE CS/13/2CC2: 0.8/13/20.0.2. CS /13/20.0.2. CS/13/2CC2 0.8/13/20.0.2. 0.8/13/20.0.2' CS/13/2CC2. CS/13/2CC2 CS/13/2CC2 CS/13/2CC2' 0.8/13/20.0.2: CS/13/2CC2 CS/13/2CC2: 0.8/13/20.0.2' 0.8/13/20.0.2 0.8/13/20.0.2:. CS/13/2CC2' CS/13/2CC2-. CS/13/2CC2, 0.8/13/20.0.2. CS/13/2CC2' 0.8/13/20.0.2.- CS/13/2CC2' CS/13/2CC2. CS/13/2CC2. CS/13/2CC2. CS/13/2CC2. CS/13/2CC2 CS/13/2CC2: CS/13/2CC2' CS/13/2CC2-' CS/13/2CC2'. ~~: : WACHOVIA BANK.;~.:f;.. ~'';' ~-'~" . ,..;::rc..',<:?~"~"."'.', STATE OF GEORGIA DEPARTMENT CF CCMMUNITY AFFAIRS ATLANTA, GA BANK 110.0.-10.0.0. Check No; . . Check Date:; "- Check Total: . CCCCC5S3S1 CS/14/2CC2 _ $650. 0.0.0.. Co. .;, , .:-~ ..:A '.;\1 GROSS AMOUNT DISCOUNT . . TAKEN AMOUNT PAID 50.,0.0.0..0.0.: 25,00.0.. Co.' 50. , 0.0.0. . Co.. 36 0.0.0.. Co.: 25: COO.: Co. 15,0.0.0..0.0. 10.,0.0.0. .0.0., . 10.,0.0.0..0.0. 15,0.0.0..0.0. 10. 0.0.0. Co.' 10.:0.0.0.:0.0. S, 0.0.0.. Co.' 10. ,.0.0.0.. Co.: 6. 0.0.0. Co.. 5;0.0.0.:0.0. 5,0.0.0.. Co.. 10.,0.0.0.. CC~ 40. , 0.0.0.. cc~ 50..,0.0.0.. Co.: 15,0.0.0.. Co.: 2E, aoc. CO:. ' 25,0.0.0.. Co.: . 30.,0.0.0.. Co.'. 10.:,0.0.0.. Co.. 30.,0.0.0..0.0. 25,0.0.0.:. Co.: . 16,0.0.0.. CO: 20..,0.0.0.. Co. 15,0.0.0.. Co., 16.,0.00... Co... 25,0.0.0..0.0. 16.,0.0.0.. Co.: 0.0.0.0.41613. 0.0.0.0.41614:. 0.0.0.0.41616, 0.0.0.0.41617. 0.0.00.41619. 0.0.0.0.41621'. 0.0.0.0.4160..1. 0.0.0.0.41624. 0.0.0.0.41626. 0.0.0.0.41630.' 0.0.0.0.41632: 0.0.0.0.41635: 0.0.0.0.41636: CCCC4163S:. 0.0.0.0.41641 CCCC4.15S3' CCCC415S5:. CCCC415S7 0.0.0.0.41599' 0.0.0.0.4160.4:' 0.0.0.0.4160.6 0.0.0.0.4160.91 0.0.0.0.41620.; 0.0.0.0.41623 0.0.0.0.41627' CCCC41631:,~ . 0.0.0.0.41634>- 0.0.0.0.41637. 0.0.0.0.41640.: . 0.0.0.0.4164.4' CCCC41647~: 0.0.0.0.41650.: 50.,0.0.0..0.0. 25,0.0.0. . Co.' . 50.,0.0.0..0.0. 36,0.0.0..0.0. 25,0.0.0..0.0 15,0.0.0..0.0. 10.,0.0.0..0.0. 10.,0.0.0..0.0. 15,0.0.0..0.0. 10.,0.0.0..0.0. 10. , 0.0.0. . Co., 5,0.0.0.0.0. 10. 0.0.0 Co.' 5;0.0.0.:0.0. 5,0.0.0..0.0. 5,0.0.0.0.0. 10. ,0.0.0. Co.' 40.,0.00.0.0 50.,0.0.0,. Co.' 15,0.0.0..0.0.; 25, COO. Co. . 25 , 0.0.0 . CC~ 30.,0.0.0..0.0. 10,0.0.0.0.0. 30. , 0.0.0 . Co.: 25 I 000.00 .", ,"r.~.~ 15,0.0.0..0.0.' 20.,0.0.0..0.0.' 15,0.0.0.. Co.' 15,0.0.0.. Co.: 25,0.0.0..0.0. 15,0.0.0..0.0. " 0..0.0.: 0. .0.0.. . 0..0.0. 0..0.0. 0..0.0. 0. .0.0.. 0..0.0. 0..0.0.: C. Co.: 0. .0.0.' 0..0.0.' 0. .0.0.: 0..0.0. . :'. 0..0.0. .. 0. .0.0.:..,.. 0..0.0.:-",,, 0. .0.0.,. ., 0..0.0. 0..0.0.': 0...0.0. 0.:.00., 0.0.0., . 0..0.0. 0..0.0.: .. .0..;.0.0.: ., 0.. CO.:., 0.'.0.0.:. 0..0.0.: 0'.0.0.. 0..0.0.:- 0.'.0.0.; 0.,0.0.: , . :, ," .1 ;" . " -'.1'_: :~f ",',1. '" ...... l I .~ ~I ~I " -:-- ':"'~ ' ClieClIc No, . ._:~I ~~~;" t;~""~1' ~<' '~~'CCCC .' .'....1 ('it"": ,v,'~'1.r No!<\!.::g. 1372 7ftJ1 ,.5f~ .\:::),~.: ,:d\'l'l,.:1'~.";1 --+~~~ i ~~"$I ;\S,h $650..0.0.0.. Co. ';~I .~~ ~I ~. ...i:.......... """""'..0\....... . ...:;l .";jl .:~: :~~; :~: 4' ,..~.~ .~:.:~~.~ ;':\l~ ",~,"!1'~!:;" ;;~~.'.'~::;. \". '~'" 4.'.'il'~!, .~~l:.~~~~:'~5~:~~~ ' .*;JjA';!;I.... !~- 111000005838 .111 I:O!; .0000 .01: O? O.? L. b Sill O~.;,,~; ~ -- . ... T;!... C I .Ii.... O..;r -, ........ ~_. ~.r af"'~ .,,,". ~ ," Ul!.~it: or !I ~!e erln.. r ~~J;;UlJ~Hij[,ll,~;:t.i!~,.J~ll!'l Lena J. 8o."]perl cr"lC ClErk .Jf ~o!71mi~si0n i\~a::cy ~1i!l)ravu''Ski Deputy Clerk R(IOi':l 30()- Mcr,icipai 3uil.jing 5.30 G~ce!:e 5iTBet.. Au:;U~;TA, (:;~. J0911 {70G} :.Q 1.. H2'j - ;:AX (7.jij; 82:-1828 September 5, 2002 Honorable Charles W. iNaiker, Senator Augusta-Richmond Legisiative Delegation P.O. Box 1282 Augusta, Georgia 30903-1282 Dear Senator \^I a!ker: As requested, enclosed are the foilowing 2003 DCA Local Assistance Grant Awards: AGENCY AMOUNT I Auqusta Mini Theater $50,000 I ! Auqusta Mini Theater $50,000 Southside Tutorial Proqram $20,000 I Lucy C. Laney Hiqh School $15,000 Richmond Academv $25,000 AUQusta Ballet $25,000 Delta House $25,000 - Golden Harvest Food Bank $10,000 Delta Leadership TraininQ ProQram $30,000 Southside Tutorial ProQram $20,000 If I can be of further assistance, please feel free to call me at 706-821-1820. Enclosures: AUGUSTA-RICHMOND COUNTY COMMISSION 084257 .",:,i'.' . "DESCRIPTION n ....,.. .. . ~:.: , .... .:<.:~:::c: . '..'. ;.,:;.::;:::~: P.O, NUMBERC ~.;INVOICENUMBER{' ',.';.iUNVOICE'AMOUNT.< .,.......: '<;:,::.-.,.;:::."::":{:;.):', NET:AMOUNT>.>./: pRANT 0 3 CL8 95 2 0 , 0 0 0 0 0 0 0 0 2 0 , 0 0 0 0 0 CHECK NUMBER CHECK DATE TOTAL INVOICES OISC TOTAL CHECK TOTAL 0 84 2 57 0 8 / 3 0 / 0 2 2 0 , 0 0 0 0 0 0 0 0 2 0 , 0 0 0 0 0 O. " , 0 ., 0 1'.-.', ."...,Il...... .;~ . I, :~~ : ~,lI'i,;: ':/ r.' . ':"1, ~'."il . I, 'I t,~~illll''" ,Ifilllll'~ AUGUSTA-RICHMOND COUNTY . ",. COMMISSI,ON frl" ""J"" +-''':~'i-.'-'' .;c-. ,,'" .~ ,; ~"J-.'.J',~f ROOM,t05j'ACCOUNTING'" DEPARTMENT,. ", ,,,":"'~t,:,I,,'lit, . ~'.~- t~ :~:'~.:<' 539~~REENE ST~EE:r i III'/,'I<~ .;'~~~~~~I~f '~,', . <,,~; ,P~,gGU~TA;;~EORGI~,~9,~tl:' '~,il,I"11' i;J','Pf:l!'lNE\796) 821-23341'< '.,""', ;':;-:'",C ~-K~..r'~ "<::.-Z,-~.ftr . ~~"~' J. nl"\.,~~~" ; I"I;~'~JI~IIII"~' '...T..;:";;.:':':t" 1..:.. :\_ " -f --oJ..f -~ - 'J,.. ,. ':i"!t~K;PA!i;~!Wll!;ill u4bY9HggKiN9~~f1 1<1" ,~"I'~f HtlIt " '~, .! > . 1;:,~;,~:g\13 0 (~:f/' "'il'.5II::Ii'.J1' . . .....: .Q5l,4':i.57 : ' .." , . f. ". . ." .: ' . :*.* *.* * * *:..~.**\:j[9< * *t:-:.*.*.t *'*.* * .it:**.*:*,* *-"t,) *i'ft/*.* **S\t'"i' *'*.',*,j*j=k*'$20 ,.!-. _' "c'.~ J~--:" .J_: _~. 4iF.-'~ I' ,.7. ,0:."'1"1 : ~...:,',':' .~r<.' I .I11'~'I"~ 'i'~I.\11. ~.' tJ 1,1",1'" '~'.": .'" I '. '"Jr' f.'rei ,,.,; ..;;f~. .c. .'j/ - ,.; ., ..ct.. J"" 1>".\,., "."")\,. ~':1 ",I,' ,I ",,0., ,.; _.~ '~j;~i;;:;~ .~}; ;:'.{: !:~~\ ~'~>./t~; .,:;'r!v.:~:lt;'ll'/'": 11~::j,;~ ~f:~::..:;~,;:}. z:.h, q.>;<"":/-o/ .3....~:.,~."';. ..F'1<:' ..V\,'.I. "".:""':')1'1''''(<'.'' F~~~ ~-Z::t~. t~~l~~~t~:r~~~< "-'~~'~1't~?' ~.~:~~'~:~~.' V>,.1~,~, ~:r(~~~'V . " . ",.-:,11,,,_ ..-<- "'-'. ., ';'il1'~~~'" Q'Q'8ANDNo.€ENT;S :'~~ )'. " ""': ',' ,~''',~ J',:p~~/,ill' (' 'I~"" I. '~:lll/ U;"',,,,, t ~,II _VI,r ""'; 11"'/ 'tn' ,11I'Illi-:I:,ll .~,:II;~~I, l~:/ ~1"~.'~'"I'II;': ,~l~~f.,:,I:~~r 1 '''''111::1,; "f/ j' ,I:.w'.~ : -ft:l~IJ" 'I ',1,111:'" :11!I'..'.II' .l1'~~ ./: ~~,~I:,,~~' "."c:d VOID\A!F.JiE~:90 DA)"~~, . ;',' I -'~ ~~x . TOTHE. ORDER' .' OF~ 75566 ::8 QEJ'H S LDE };r.TiJTORi'I,:~ :~J:~9n3;O' Or.;iVE';RIf:; 1,' '~lff' . 'jo ~.. '. i_ ., '"," ,;.,. .:' '. 4 '~h-~ AU~USTA>';GA 3'9~9,'6~:;1 .... :'l" _:~~;;,'" . ""';'~:'f: '.<~'~I'.',~;)?!' \E?JR:O:G?~ t,,:".,~~_,;. ..,~-".(~~: """<I"',I~I" 'c.: .', ".'}", ....' ~ :;':f%J; ~~:,fJ:lil<.:>; ~T~.:;t . .'- ~ ~~'r _c.r~~~~~r. '-I :~ ,~~:;!~ .-,,,;1.-' I l ,.:, .;. ',. _. .J_, i~-:! 1',' .Ie.':':" . ,.}n: ; '!.~llll~'"lt. ',~l?@, ;~11,',fii~I?-~~~~~; ~~~I~~l"'~, 1.;>~:IUOyi'?ft.I~, -JtCt. ~~ ~.I~~W/~\~ .~": ..; .:ASSIST4~T cb~PI'TROl:~~<R, : 1~ ~ ?:::I, \" .':1,."..1 ,'<":~"./ /;',( ... ~ .:.,.t':J::~":,~'"J~'~ FIRSt'dN\bN NA+lbN~t'B;:-r,~~ ,I,:. \',(::' AUGUSTA, GEORGIA I ) . ~~.'--. III 0 8 L. 2 5 7 III I: 0 b .. 00 0 2 2 7 I: 2 0 8 0 0 0 0 70 2 8 7 b III GEORGIA DEPARTlVIENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant~o. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 GrantNo.03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant ~o. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. eaUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us All Equal Opportunity Employer @ Recycled Paper .; . Honorable Bob Young August 20,2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. 2C).41~ Laura J. Meadows Commissioner uMfja Enclosures D"3 -{-l- f?1d cry ._f.R " - ~ > "~It GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young Mayor of AugustaJRichmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $30,000 in Local Assistance funds for AugustaJRichmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds for the Southeast Bum Foundation in Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers 1. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, J \ l' j.A-. C:XfAAA.~o' .. Laura J. Meadows Commissioner LJMJja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper -~ Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX. (706) 821-1838 August 9, 2002 Fiscal Year 2003 Georgia Local Assistance Grant Recipient: ORGANIZATION GRANT AWARD Southeastern Firefighters' $30,000 Burn Foundation Enclosed are two copies of a contract between Augusta, Georgia and your agency regarding your Fiscal Year 2003 Georgia Department of Community Affairs Local Assistance Grant Award, which was awarded to you through the efforts of the Augusta- Richmond County Legislative Delegation. Please execute both copies of the contract along with the audit statement and return promptly to my attention. The city requires the execution of both documents before the release of any funds. Should you have any questions or need any additional information, please feel free to call me at 706-821-1820. Very truly yours, t!!!.pt~ Clerk of Commission Enclosures: .. AUGUSTA-RICHMOND COUNTY COMMISSION JAMEsB. WALL CITY A TIORNEY LEE BEARD TOMMY BoYLES ULMER BRIDGES ANDy CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, Ja. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILUMIS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.R1CHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: SOUTHEASTERN FmEFIGHTERS' BURN FOUNDATION From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Mfairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the lan~age included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. AUGUSTA-RICHMOND COUNTY COMMISSION JAMESB. WALL CiTY ATTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BoBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAlIIS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL;JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: SOUTHEASTERN FIREFIGHTERS' BURN FOUNDATION From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this K day of June, 2002, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUST A"); and SOUTHEASTERN FIREFIGHTERS' BURN FOUNDATION hereinafter referred to as the "ORGANIZATION"); WITNE SSE TH: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUSTA a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUST A deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUST A and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of $30,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perform the following services, which AUGUSTA has determined renders a substantial benefit to its citizens, to wit: To provide health services including assistance to burn survivors and their families. AUGUSTA has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 rY""' Police and fIre protection; r / Garbage and solid waste collection and disposal; Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purifIcation, and distribution of water; r Public housing; r Public transportation; r Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUSTA has agreed to provide the State with any information, documents and/or photographs that AUGUSTA, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or fmancial statement of AUGUSTA and any future audits or fInancial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUSTA documentation of Fund use or a copy of audited fmancial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved findings of AUGUST A concerning expenditure of the Funds, whether based on an audit report, fmancial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such fmdings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUST A deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under ~ 501 (c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article I, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the perfonnance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of La Grange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a conunon system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a conununity or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as dermed above. 10. AUGUSTA may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of termination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. II. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be determined the Grant from the State to AUGUSTA is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUST A any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Riclunond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: SOUTHEASTERN FIREFIGHTERS' BQRN FOUNDATION ~~ ~t<"1 C~~ Dr. ~'\J.s~ 30)'0, IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. SOUTHEASTERN FIREFIGHTERS' BURN FOUNDATION :;~(~ ~~s~G-:-~~~ Sworn to and subscribed /,,;. before ~;~ ". -. ~" A' ") i ~~<~< : "" ~~. ' ,.... ...-yb ~~ ~:=} "'::NQtaryPu li~ . ~ i:- ~~My CQm:mi~sio.n E~pires: ~ ~ ", c> /~~!~~JY.!ub~. ~lchmOi1d County, _Geor(}'.o .., , .... ~_..nl.,....s"[Ap",~,'(Jlkil;tH~92('f!S ,_ ,,~ (~_ /' ; :... ... I .... ,L..: ~ -, .: AJ.._. t< .. 'i. ,: !V.r: I . . yr AsilsM~ ATIESt/m Cl :. ", 5 ~ ~. ~~~# August 15, 2002 Ms. Lena 1. Bonner Clerk of Commission Municipal Building, Room 806 530 Greene Street Augusta, Georgia 30911 Re: Grant Proceeds Dear Lena: Thanks very much for your letter of August 9,2002 concerning out two state grants through the Georgia Department of Community Affairs. The executed copies are enclosed. I hope you are doing well and thanks again for your help. Yours very truly, ~{1-1 Charles A. DeVaney Enclosures 1109 Medical center Drive., Suite 8-A. Augusta, Georgia 30309 (706) 650-2876 or (800) 650-2876. (706) 651-6389 · Fax (706) 855-8625 email: sfbt2876@aoLcom · Visit our Web Site: www.thebumcenter.org . . Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis cc: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1. Attached is Copy State Grant Documentation for~C-L-8"fOstate Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices. please provide a point of contact below with a telephone number that he/she may be reached. Name Ghl4L/es A J2e.UANt)' Telephone No. 70(" - b SZJ- J.fi II, (Please print) Signature ~ O<r ~ 1101 fY\.ed.lCA- 1€- Or. 5Ul k ~- A-ujus. {A.} 6-A - 3clo'j Address . Page 1 ,I , , Grant No. 03-C-L-890 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS TinS AGREEMENT entered into this 1st day of July, 2002, 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"). . WHEREAS. the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS. 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 WHEREAS. the Department is authorized by the provisions of O.C.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS. 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 Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts, an amount not to exceed $30,000 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 returned 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: $30.000 Within twenty days of the Department's receipt of the executed Agreement. $30,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. . . f. \ Grant No. 03-C-L-890 Page 2 of 5 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. 1345-10-20 through 1345-10-28 and O.C.G.A. 1336-67A-l through 1336-67A-6 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 Lel!allv Bindinl! Act. The Recipient certifies that it is duly organized, validly existing 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 a. Monitoring and Auditinl!. 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 the Department, until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of O.C.G.A. 1336-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of O.C.G.A. 1336-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 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 Agencv 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. . . , \ Grant No. 03-C-L-890 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) 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 (tv) has violated any federal, state or local law. ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution. "No money shall ever be taken from the public treasury. directly or indirectly, in aid of any church. sect, cult, or religious denomination or .of any sectarian institution." Ga. Const., Art. I. Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrWlge, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett. the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433. or. as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). ''The term 'church' is one of very comprehensive signification. and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect". "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith." "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it. and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement 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. [Executions on following page] .' .. . . Grant No. 03-C-L-890 Page 4 of 5 IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the date fIrst written above. FOR THE RECIPIENT FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS By: ~ . MaYorl~6 ~ By: ~IJ ul~ Laura J. Meadows, C sioner Federal Employers ID Number: 58-2204274 Attachments: Exhibit A. "Scope of Services" l .. . Grant No. 03-C-L-890 Page 5 of 5 EXHmIT A The Local Assistance Grant shall be used by Augusta-Richmond County for the Southeast Burn Foundation in Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. Office of the Mayor Bob Young, Mayor Room 806, Municipal Buildjng 530 Greene Street, Augustar GA 30911 (706) 821-1831 - FAX. (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329 Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA TION u . GRANT NO. AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co, . 03-CL-15 $50,000 ARC Animal Control 03-CL-20 $15,000 Augusta Ballet 03-CL-887 $25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food. 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 . Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 I Richmond Academy 03-CL-893 $25,000 I I Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney ., 03-cL-27 $5,000 Good Hope Social . /-- ? 03-CL-28 $5,000 Services cSRA Transitional Ctr. 03-cL-29 $10,000 New Savannah Rd. , 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 African! American. Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, GEORGIA DEPARTlVIEI\T OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following . Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 GrantNo.03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. eQUAL HOUSING ~ OPPORTUNITY -L:J 60 Executive Park South, N.E.. Atlanta, Georgia 30329-22310 (404) 679-4940 www.dca.state.ga.us An Equal Opport1.miry Employer @ Recycled Paper STATE OF GEORGIA . DEPARTMENT. OF COMMUNITY. AFFAIRS. ATLANTA, (lA BANK 1100-1000 GROSS AMOUNT 50,000.00 . 25,000.00 50,000.00 35,000.00. 25,000.00 15,000.00 10,000.00 10,000.00 15,000.00 10,000.00 10,000.00, 5,000.00' 10,000.00:: 5,000.00: 5,000.00 5,000.00 10,000,00. 40,000.00. 50,000..00' 15,000.00,' 25,000..00. 25,000.00' 30,000.00. 10,000.00 30,000,00,' 25 , 000 .00, 15. 000 00' 20;000:00 15,OOO..00! 15,000.00:: 25,000.00. . 15,000.00 Page 001 OF. 001 Vendor No: 0000013727 Vendor Nama:. AUGUSTA/RICHMOND C.OUNTY INVOICE NUMBER 03-C-L-13 03-C-L-14. 03-C-L-15 03-C-L-1S. 03-C-L-17. 03-C-L-18 03-C-L-18.7' 03-C-L-19. 03-C-L-20 03-C-L-21 03-C-L-22 03-C-L-23 03-C-L-24; . 03-C-L-25 03-C-L-2S: 03-C-L-27 03-C-L-29 03-C-L-30 03-C-L-31 03-C-L-886' 03-C-L-88T . 03-C-L-1l88;. 03-C-L-890' 03-C-L-891: 03-C-L-892> 03-C-L-893: 03-C-L-894. 03.-C~L-895' 03-C-L-89S; 03-C-L-897. 03-C-L-898, 03-C- L- 899' ~. ."', INVOICE . DATE 08/13/2002: 08/13/2002 08/13/2002 08/13/2002; 08/13/2002: 08/13/2002' 08/13/2002 08/13/2002' 08/13/2002 08/13/2002' 08/13/2002; 08/13/2002~ 08/13/2002 08/13/200X 08/13/2002: 08/13/2002: 08/13/2002 08/13/2002 08/13/2002, 08/13/2002.'. 08/13/2002' 08/13/2002- 08/13/2002' 08/13/2002., 08/13/2002. 08/13/2002- 08/13/2002 08/13/2002 08/13/2002, . 08/13/2002 08/13/2002" 08/13/2002.. 000041613;, 000041614; 000041616'~ 000041617' 000041619' 00004162f 000041601 . 000041624; 000041626:.. 000041630:: 00004.1632: . 000041635, 000041636 000041638:. 000041641. 000041583. 000041585; 000041587: 0000415991 000041604: . 000041606' 0000416091 000041620: 000041623, 00004162'- 000041631:', 0000416341 . 000041637. 000041640: 0000416441 000041647: 000041650;. -, .. . ,-. .: 4 .:,...._.c.._....~~. .,''lL- " ""~~' >-:,'1'; / :';~;'?~~.'rl' ,. :F';e1 .'.-~l ' ::.~~! ~"'>~' :'!:or\'~~;' J'~': '';'.1.' lo:l.... ~f ,({ .~ y U/2002 '" ChIlCIc-Oat.' 2~.~. '. ,:):.w~~/ /.~,i<:: A'UGUS,TAI/R I CHMONO( COUNTY<' >' !'.~.cr: GR.~~NE; s. T.RE;~;'!'. .. ~7k;'~~)if~.: ...:~~) . ":"'.4~?' Sll)(t-HUNDREO;F I FTY:o.r.HOUSAND' .~.;;~tb~ : ..~' I' ~.:!..:fi:;.,' , .~ Pay. exactly . ....1,... ,~,~~~9t~ ~t~, ...... WACHOV IA BANK.;::~'. . ._ 1_ ',.: .' ,......'lr~~i;.$'"~.~...., ~ ,..\ .' >~~~ ,.~~~.,. ""~" ........:,:.. {a.: ~ ''':, :/", ~'.. %<i.1i ;;q;{i ';~V t"~l~ .-~,T')~ :.;jl~':',;~JI;;' ..I~:~:~~~~~..,~;. . ":<~I. .. V,!jQ ,.;J;ji. ..:,~~~~;,P ~-.. ,.... I" ~'. ':-, '. ' 1, : '.: . . .' :".~,",.:~~\L/;: '. . ., .'" ~', 11.00000 58:l8 ~II. 1:0 b ~OOOO ~Ol: 07 0.7 '" b 511. . Check No: Check Date:; Check Totalo 000005838f 08/14/2002., $650,000. 00' ~.~ ..' , :: 0.00; 0.00. 0.00 0.00 0.00 0.00. 0.00. 0.00, 0.00, 0.00' 0.00: 0.00: . 0.. OO~. ":"':" 0.00.: .. O. OO~:.,.., .0.00:., .. 0.00,. " 0.00. 0.00'.' . " .:. 0..00'. O..OQ:. ' 0.00;:: 0..00., 0.00; ..0:.00:.. '. O. OO~ .-..: r~'~' .0'.00. 0,00: - . 0'. OO~;' . 0..00., .... 0'.00: . 0.00. . AMOUNT . PAID 50,000:.00. 25.,000..00' 50,000.00. 35 000 00. 25; 000.: 00 'I 15,000.00 10,000.00, . , 10,000'.00 15,000.00 10,000.00:' .10,000.00; 5,000 . 00' 10 000 00 5:000:00 5,000.00 5,000:.00. 10,000.00; 40,000.00'. 50.,000.00: 15.,000.00: I 2=, (lOO . Co:. . 25:,000.00: I 30 000 00'. 10:: 000 : 00: 30,000.00: 25,000.00: 15,000: 00) 20.,000.00. 15,000.00, 15,000..00: 25,000..00: 15.,000.00: '. I ,', .. '.-.'. .I ....:.", t.." l I I ::,~ 111 ,..'~ ~ .""1 ]1 '~1! .}jj ..;$1 $650,000. 00 ';~I """'I , ,~! ..'r! ..1 ,-', ..~~ ''J! :'j:'t . ::.:-;:.~, ", ~ .'. ..'t.~- .~.."."y ..~~,~ Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 -- Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX. (706) 821-1838 September 5, 2002 Mr. Charles A. DeVaney, Executive Director Southeastern Firefighters Burn Foundation 1109 Medical Center Drive Suite 8A Augusta, Ga. 30909 Dear Charles: Enclosed is a check in the amount of $40,000 representing total payment of your FY2003 State of Georgia appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program 03-CL-187 and 03-CL-890. If I can be of further assistance, please feel free to call me at 706-821-1820. Enclosure: P.S. All is well and thanks for asking. AUGUSTA-RICHMOND COUNTY COMMISSION 084248 ,p..:.."'},,,';)., ~.,: ',","".:;' DESCRIETlONk~1'A\:i' .".-~.'. .... .. :::::;::'::::~~0~~V.:: ,t L,P.Oi.NUMBER':::,.' ::,.,INVOICENUMBERi : "",:,ii"dNVOICE"AMOUNT1.l:W:W ~.;;.t:~~~:::;~H:i::~~~::~~f~~i~~;~~\~ %",:h:":." ;.;'o,:)"NETiAMOUNT,,/}ij,' fLlOCAL ASSISTANCE GRANT AWAF D 03CL187 10 , 00 0 00 0 " 0 0 10 , 00 0 ." 00 fLlOCAL ASSISTANCE GRANT AWAF ~} 03CL8 90 3 0 t 00 0 00 0 . 0 0 3 0 , 0 0 0 0 0 .. - - - - - - .- -. CHECK NUMBER CHECK OATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 0 84248 08/3 0/ 02 40 , 000 00 0 " 0 0 4 0 , 0 00 00 ,0 II' , I' "II :' '~,~- ~'I',.t ~~~ . ~, ".&f.~" . 'r .u",.",,~-. --~^~'.;'~IiIS"'A RICHMONr:\,r."'~'~IN."r,\F.,.j L.' ~~ Y..;~ ~'?~~~'" -: c , . ,L.A' ~~~':,~:!h:~~,'~j4:~ 'i{~ ", '" : '.' IIIOB 4 248111 ':0 b l.OOO 2 271: 208000070 2B 7 bill GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 GrantNo.03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 GrantNo.03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EaUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park Sout);, KK . Atlanta, Georgia 30329-2231- (404) 679-4940 \vww.dca.state.ga.us All Equal Opportunity Employer @ Recycled Paper Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. 2C).;J1~ Laura J. Meadows Commissioner uMij a Enclosures .. Office of The Clerk of Commission Lena J. Bonner, Ct-'lC Clerk of Comm:ssion Nancy Morawski Deputy Clerk Room 806 -- Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX. (706) 821-1838 September 5, 2002 Mr. Charles A. DeVaney, Executive Director Southeastern Firefighters Burn Foundation 1109 Medical Center Drive Suite 8A Augusta, Ga. 30909 Dear Charles: Enclosed is a check in the amount of $40,000 representing total payment of your FY2003 State of Georgia appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program 03-CL-187 and 03-CL-890. If I can be of further assistance, please feel free to call me at 706-821-1820. Enclosure: P.S. All is well and thanks for asking. o ~ ~~-L-f67 GEORGIA DEPARTMENT OF @ COMMUNITY AFFAIRS Laura Meadows COMMISSIONER July 1,2002 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $10,000 in Local Assistance funds for Augusta-Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds for expansion of the Shirley Badke Retreat for families of burn patients in the City of Augusta. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers I. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, d~-~~. Laura J. Meadows Commissioner LJM/j a Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 August9,2002 Fiscal Year 2003 Georgia Local Assistance Grant Recipient: ORGANIZATION GRANT AWARD Southeastern Firefighters' $10,000 Burn Foundation Enclosed are two copies of a contract between Augusta, Georgia and your agency regarding your Fiscal Year 2003 Georgia Department of Community Affairs Local Assistance Grant Award, which was awarded to you through the efforts of the Augusta- Richmond County Legislative Delegation. Please execute both copies of the contract along with the audit statement and return promptly to my attention. The city requires the execution of both documents before the release of any funds. Should you have any questions or need any additional information, please feel free to call me at 706-821-1820. ;;;;;jJ~ Lena J. Bonner, Clerk of Commission Enclosures: AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY A TIORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLlAJIlS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RlCHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: SOUTHEASTERN FIREFIGHTERS' BURN FOUNDATION From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this IZ day of June, 2002, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and SOUTHEASTERN FIREFIGHTERS' BURN FOUNDATION hereinafter referred to as the "ORGANIZATION"); WIT N E SSE T H: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUSTA a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUST A deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERA nON of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of $1 0,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perform the following services, which AUGUSTA has detennined renders a substantial benefit to its citizens, to wit: To provide health services including assistance to burn survivors and their families, including expansionof the Shirley Badke Retreat. AUGUST A has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 r Police and fire protection; r Garbage and solid waste collection and disposal; IV' Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purification, and distribution of water; r Public housing; r Public transportation; r Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the. State of Georgia, it is acknowledged that upon request AUGUSTA has agreed to provide the State with any information, documents and/or photographs that AUGUST A, the State of Georgia, or any of their departme~ts, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or financial statement of AUGUSTA and any future audits or financial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUSTA documentation of Fund use or a copy of audited financial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved fmdings of AUGUSTA concerning expenditure of the Funds, whether based on an audit report, fmancial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such findings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. 9 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. 9 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under 9 501(c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City oj laGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct orgaruzation," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as defined above. 10. AUGUST A may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of termination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be detennined the Grant from the State to AUGUST A is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUSTA any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZA nON 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: SOUTHEASTERl'f. FIREFIGHTERS' BUB.,.N FOUNDATION ~7 t-lt~Ul-1 CM~~ Dr. ,~",' I tHI-. J:05i>'j' IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. qJY: By: As its - ~iv.:~~~iU;2h "Swomtc and subscp,bed :" bcfJle m~ 'trtjs -'--.L~ay of ~? -_,...:~,k~sL-, 2002. i;rl~r.~_r:,<~ ~ ;;;;:; ~ ~ ~ . 0lJota~ p);~ie ~ ~ ~/oo, 'Iyty Conur.1ssie51 Expires: ~ .~~~~... '~-! Z- ,~:~ ~ ~ co ".,~- . " ~J!~ ;;Ji:.:. -;'~ ~lIc:. Rlchmond~. Gsonm "J, ~ C6ri\mission Expires October 29.2005 5 Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis CC: David Persaud, Tammy Strange r Date: 08/07/02 Re: Attached Grant Documentation - \ , . t.- ,> 1. Attached is Copy State Grant Documentation for l>J..C-L-J!1State Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices. please provide a point of contact below with a telephone number that he/she may be reached. Name CIA. M l E'S A ~If NJt:y Telephone No, "'/66 - "S"O- ;)..5' /(. (Please print) S~nature ~ f6-~w~ Address-1J 0)" fV\ e_.lr Ce ~ f0r. 5'\.Jt k ~-A- Avjl>.s~ ~, 30707 . Page 1 ,. " Grant No. 03-C-L-187 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 151 day of July, 2002, 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"). WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of O.C.G.A. 850-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts, an amount not to exceed $10,000 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. 111e 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 returned 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: $10,000 Within twenty days of the Department's receipt of the executed Agreement. $10,000 Total Disbursement 4. Applicable Dates. The effective date of thisAgreement is specified on page one. ,of6> .. Grant No. 03-C-L-187 Page 2 of 5 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. 845-10-20 through 845-10-28 and O.C.G.A. 836-67A-1 through 836-67A-6 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 Lel!ally Binding Act. The Recipient certifies that it is duly organized. validly existing 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 conforn1ance with all applicable laws to make this Agreement and actions hereunder valid. enforceable and legally binding acts of the Recipient. 7 a. Monitoring 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 Deparbnent 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 the Department, until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of O.C.G.A. 836-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of O.C.G.A. 836-81-8.1 shall result in the forfeiture of such. grant and the return to the state of any such grant funds that have been received by the Recipient. 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 Agency 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. .. Grant No. 03-C-L-187 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (Hi) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any fecleral, state or local law. ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid, (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. I, Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City oj LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Anny to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement 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. [Executions on following page] ., ~ Grant No. 03-C-L-187 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT By: 1Pt!f~ Mayor ,/ <r rf Federal Employers ID Numb.er: 5'??"~d ;lO~;2 ?tf Attachments: Exhibit A, "Scope of SerVices" FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS By: .~~~ Laura J. Meadows, . Grant No. 03-C-L-187 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County for expansion of Shirley Badke Retreat for families of burn patients in the City of Augusta. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. · To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 Services cSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 Africanl American. Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, Office of the Mayor Bob .Young, Mayor Room 806, Municipal Buildjng 530 Greene Street, Augustar GA 30911 (706) 821-1831 - FAX. (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1 , 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329. Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA TION . GRANT NO. AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. . 03-CL-15 $50,000 ARC Animal Control 03-CL-20 $15,000 Augusta Ballet 03-CL-887 .$25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum . Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 . Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond t\cademy 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 GEORGIA DEPARTlVlENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following . Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No, 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5 ,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. eQUAL HOUSING ~ OPPORTUNITY L:.J 60 Executive Park South, N.R.' Atlanta, Georgia 30329-2231' (404) 679-4940 www.dca.state.ga.us An Equal OppomLlticy Employer @ Recycled Paper STATE OF GEORGIA OEPARTMENT OF COMMUNITY AFFA1R& . ATLANTA, GA ... Page 001 OF 001 Vendor No: 0000013727 Vendor Name:. AUGUST.A/RICHMONO COUNTY INVOICE NUMBER 03-C-L-13 03-C-L-14 03-c-L-15. 03-C-L-16. 03-C-L-17. 03-C-L-18 03- C - L - 1 8.7' .03-c-L-19 03-C-L-20 03-C-L-21 03-C-L-22 03-C-L-23 03-C-L-24, . 03-C-L-25 03-C-L-26:. : 03-C-L-27 . 03-C-L-29: 03-C-L-30 ... 03-C-L-31 03-C-L-886: 03-C-L-887~ . 03-C.-L-888,. 03-C-L-890' 03-C-L-891c 03-C-L-892,- 03-C-L-893> 03-C-L-894, 03-C~L-89S' 03-C-L-896.- . 03-C-L-897~. 03-C-L-898. .03-C-L-899' INVOICE DATE 08/13/2002' 08/13/2002 08/13/2002. 08/13/2002. 08/13/2002: 08/13/2002' 08/13/2002 08/13/2002'. 08/13/2002. 08/13/2002- 08/13/2002, 08/13/2002' 08/13/2002 08/13/2002: 08/13/2002'. 08/13/2002, 08/13/2002-: 08/13/2002. 08/13/2002: 08/13/2002: 08/13/2002' 08/13/2002. 08/13/2002' 08/13/2002,. 08/13/2002 08/13/2002- 08/13/2002 08/13/2002. 08/13/2002 08/13/2002 08/13/2002' 08/13/2002' . Check No: :: .. Check Date:: Check Total: . '., BANK 1100-1000 GROSS , DISCOUNT AMOUNT . . TAKEN .. 50,000.00. ';', 0.00, 25,000.00' ",'., 0.00. 50,000.00: 0.00 35,000_00 0.00 25,000.00 .,-. "0' .' ~ I. 0.00 .. 15,000.00 ! 0.00' 10,000.00 0.00 10,000.00 .... 0.00. 15,000.00 0.00 10,000.00 .. . . , 0.00' 10,000.00, 0.00' 5,000.00' 0.00' 10,000.00: 0.00' 5,000.00 0.00:. 5,000.00 0.00:. 5,000.00 0.00:'" 10,000.00' 0.00. 40,000.00 .0,.00 "'.,' 50,000.00 0.00., 15,000. OO~ 0..00 25,000.00. . .. O'.OQ:' 25,000.00: cLoo:: . 30,000.00 "i" 0.00 . 10,000.00 0.00:. 30,000.00, 0.00;... . .h' 25,000.00;, . .. ' O. OO~::. 15,000. OO~. 0..00:. 20,000.00 0.00; .. 15,OOO.00e 0'.00: .. ... 15.000.00:. O. OO~ 25,000.00. 0.00: 15,000.00' 0.00, .. 000041613, 0000416141- 000041616:. 000041617' 000041619' 000041621 . 000041601 000041624; 000041626; 000041630' . 000041632, . 000041635;. 000041636 000041638;. 000041641 00004.,683.. 000041685~. 000041687: ' 000041699; 00004160<l, . 000041606'. . 000041609f .. 000041620, . 000041623, 000041627' 000041631" 000041634>, 00004163.7... 000041640" 00004164.4~ 00004.164'7'. 000041660; " .j>.. ""1 , :-...:i.'. ., .-' ,., . . - '....~ '. ::r;J...- '~)~:"',;:~:~ ,. r. ~;~:.::--ti~:/.'~~ >";tj . ':~ 3f:i~5P1f~~OlrGEOF.l~~~.:~ & ,.~,;..:,...:.~..~:,:.-_,...'...f'i:;..' ~:l " ,~~~~.~'[,\'....K~..~~~'t, ~~ - :;Ji~,,?~i>, ::~ ",. .~~ 30~~ .'"t;~;~b . .... '~_-~ .... k J~~:' .' ...01.....' . . :,. "~,7,.~J~~!f~:ti~02..:~::ji., ,. ',"~.:-:':. _ ::.;~::~~:~~~>,:.: P,;~loth80rd"". '{i.UG. us/r.A~iRICHNciN(j,;.. COUNirY":..t'. , . I;, 5.~9;. GREENE: STREET'. )"...,..' . '. . . - :',." "JtW' ':,f: p '.... "k~.;'. "',. :.<,. ~ PllV:~,aCUY .'~~:~NORE?;. F IF;Y':;!E'PUSAND'. }':~1 00' .~'~:';:;:'P;. tli;, WACHOVIA~~~;.f;' .," .... ,~., 1.....'1S.~~~'.~,,'.., ':".~ ~ ;~I >."! :/~ ~ :~! ';j)l .:~I : \~! l-\'!, "~i j~l ."~' $660,000. 00;~1 .' ,,,..~ . """'...r..'~( ,.. .~ .,~i ."~: "~r :~~:' ":~~~~+ '~~~&, 1;~}~.;.\. ;.... ,*~).:' l~;)~~ .... :~. ::~~:< ~:<i~ . ,~~ 11100000 58 ~8 .111 1:0 b .0000 .01: O? o.? ... b Sill 0000058381 08/14/2002. c, . $650 000.00.';' . , I ~:~ ; "I';j AMOUNT PAID 50,000.00.:' 25,000.00' . 50,000.00 . 36 000. 00. 25;000:00 15,000.00 10,000.00, _. , 10,000..00 15,000.00 10,000.00: .10,000.00: 5,000.00: 10,000.00 5,000.00 5.,000.00, 5 000: 00' . 10:000:00; 40, 000.. OO~ 50.,000.00: 15,000..00: ' 2E , I)QO. Co.:: - 1 25,000.00: 30,000.00" 10:,000.00' 30,000.00' 25,000,.00: 15,000: 00: 20.,000.00 15,000.00: 16,000..00: 25,000.00: 16,,000..00' , 381; . Cl\eclI-\,!o. rNo~SotJ00013 72. 7 ,_~~'ii~l'.fn':~~' . .~. :iji ~'~? .,.:~,.,UlC.~ AUGUSTA-RICHMQND COUNTY COMMISSION 084248 .'""';;.'::;:.::"'.. --'i,DESCRII?T.IOW". '.,'. :":'':~.;'::<':::'' .., .~. 'c":':, .:,'';i,:':: .I?Oi,NUMBER., ':'INVOICE-NUMBER>.:,. .. . .,:,INVOICE'.AMOUNT.,}H}:'t ?:.~.j~~::~:::~:';; :::'::::"%:::~::::}::} ..;-'" ''',>".':NET:AMOUNr: ,.:,,:,.. iLJOCAL ASSISTANCE GRANT AWAJ; D 03CL187 10 , 0 00 00 0 00 10 , 0 0 0 00 :uOCAL ASSISTANCE GRANT AWAJ; D 03CL890 3 0 , 00 0 00 0 0 0 3 0 I 00 0 00 , ~ - u - '. CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 0 8424 8 08/3 0/ 02 4 0 I 000 00 0 00 4 0 , 0 00 00 'k * * * * * *:* * *.*-.*'* * *,*,;*;.f * ,*~~-*.:1f"~':t * * ~ "i~~'*.*i~.;;'* ~ .j.f"* * * * ';;,*",:Jr.i*i*',C"4,O 010.0~N08E~.'F.S. V;,...., ,~t"~;;"'- ~I' [-.. ~..p ~.' _t"'..... ," Jl~"'rrf..:'!' lJ.111 TIll~r1 I.,.... "'111~J1: \-tll~ I '~IZ" '~\.I I I~.II".!'~ I 1~11'1I1 t .:' ~~1 -h'~' I'-.r: ,..t_ ~ ..iJl"~ ~ ~:I :/;_'..J J"(. .._!1:J.. ,M" I. Il,; t I ~L...\P~ II't.-l- J tl~I~I~'" ~"I"l\ i~.~l'\ ~1, .~."jl I.. ) 1 ' T"-,oJ.,..<.::rttt_~_l! ,T-.....~ r~'{c:=yi t1~~", r-,~::' ..:jr~ ,....) I~"""~ .~"'~l l"~""1 .tl'"~/"j filll',l uW ,~~' 'r-"':'" , ~~ ~,~{ , "I, t-J,.;,:t_o- ~"_~, ':'~?.t ,;l~,: ~';~~ . ":V~j,,, - . Ic)~ ;', ",'/ r\~,'<1 ;c"I".?';tt,. V~( ~,"~ ", ~F<_~l;;FJ ~-.-"~...~ ;~.~ '-C~ ~r ~'l,.~::r; ~~i'_..,";',(o 1;;...1'~, t'l~1... 1'1 1,4 \ill' ~IIII..1'l'f~" pH!,:) "-,.~lf...PI"''' . ~~ ~~d...:;~ ~'fi ~,'f<...:': .;?'t:,;cij,i' . ,"l~< ~,1l/~ ':(%/&.' ;,.J'11~:"",:,,'1 . I "I, VOI.D AI', I f ' ~':...;.~ I ~j'l'\;;~l: I . f...- ~" ., I ...Ai-j;' ~.. .'~ .~~..-~"'-" " II' , I' "11:' I I I' '>j"~~I'/~'!",,:i ~"';'; !j',lr!1':i!."";.'i:~' ~:>~~,e'rf~'" "'.. '1'1,~~4~~~ 'rjl~:;~_~ t",'~~I~~,fA' . AUGUSTA~RICHMONDCOUNTY . /T;,C' ,~<.. '.sq~lVIlss,19N,'t:'",~, ~tf~ll~.:,~'::.:.;r .'.:-:'/'" ,ROOi\1 ,105, ACCOUNTING DEPAR1MEN:r;';,',lr 1?~~. ~:,"~~ 'i,".: .'. '>:;:. .e"/":fi3.O.G.REE.. NE STREElI" ~IIU~I:' ll,", >, . .~i~,,""t:i; .v:u"") "-::- ;~''''~_. ;;,_A.~llG,U"S}:A,~G~ORGI~ ".~P~ll,1,:"'"";~il~~~::J~! ~ .._":',~ .' /? '"I-:'PHONE(7,06) B21-2334,,",.'f~,,il;I,.,,I~~;p' .~i'\>; ...-~~_~~rt,:;,1~..I'" !-1X~'~~ ::-I~_r. -- ,:i_~;III~~~1 'I~;'_ -li~ I;~~> _ .', ..;~~ .2:Qll .61.0 .j I \..,' ~... -,;.... ,. ?p~y TOTI-!E,. ,ORDER ;. ,'OF ':~ :-,!.~~~ . ~'; ,_c<' .t 78232_ . ,. .SD1J-IT'HEA.$Ji'ERN . F:,t'F(Fdg I~CS;HIII$~S.~,'~". .. 'B" r"TDiT', o"r.ThTr-(':""T. I':8N.' ;","\J!: ,'P..<~\l"""'.'.l"~ .,' ULU'l, F :l::)J.~J:../I1.. '0 ,'~~'~" ';""':"f ~,I",II'.l I~',~~:l ;'1"1 o'g.,: MElD:} CAL \'CTR~i~DR;~SU:idrE~~:kA AUGUSTA;;'.,GA 3'Qi:9;6i9"'" ::.-:~ :~~t:I';_f . . /.~:~?L=;<.;:;~~ ' ".- ~; _ J'..,f .:~kf,~ ~~ t::' ' ."','o(~' ;/ _I. ,..' , , '"";. F;~)(l" ...;~~,",. d,,',!:J0';.;I9.:%~'" .:'. ~~;1r"'~:;::,'liif~..j,: S~,I~i ~14'i.':~I~",. · ::;I';~.~' '~.:-,; ':~1tV~,~l ~( '~~~i'~~:'~~~,~ .<-, ,".' , .. .ASSISTA~T COMP:TRO'~LE,~ ~;:';\~: i ~:~,) ,."~I,.";,( i ,...+ .. c'~'''''~',)'; I' ." ',,"" fj! ,,1;~ ,-,,\~-~, "i",~,~:3' ~';i:~I: , _:'" ".' - ". I. .~~I:I'~,)li'J "-"!:r.T:1i/I" f: r,ll; ~~ ,.'I~~~ t~~;i~'~~'~ . ,:' .. FIRST urJ'lbN NATlb.NAl: BkN'K '~~~J) . AUGUSTA,GEORGIA ,.. 11108 lo 2 lo8111 ':0 b ~OOO 2 27': 208000070 287 bill ;. GEORGIA DEPARTlVIENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following . Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 GrantNo.03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EOUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E,. Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper . , Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ~C).;1(~ Laura J. Meadows Commissioner uMija Enclosures .. 03 -c-L-89~ w a OJ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $15,000 in Local Assistance funds for Augusta/Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds for lighting and equipment at West Augusta Little League in Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The fIrst deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the fIrst payment. Please note that your Federal Employers I. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, J \ 1'~ CXQM.~ U. . Laura J. Meadows Commissioner UM/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this 1L day of June, 2002, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and WEST AUGUSTA LITTLE LEAGUE hereinafter referred to as the "ORGANIZATION"); WITN ESSE TH: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUSTA a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of $15,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perform the following services, which AUGUST A has detennined renders a substantial benefit to its citizens, to wit: To provide recreational programs and facilities, including additional lighting for West Augusta Little League Fields. AUGUST A has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 r Police and fire protection; r Garbage and solid waste collection and disposal; r Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; / Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purification, and distribution of water; r Public housing; r Public transportation; r Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUSTA has agreed to provide the State with any information, documents and/or photographs that AUGUST A, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or financial statement of AUGUST A and any future audits or financial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUST A documentation of Fund use or a copy of audited financial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved fmdings of AUGUSTA concerning expenditure of the Funds, whether based on an audit report, fmancial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such fmdings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUST A the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. 9 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. 9 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under 9 501(c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of LaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as defined above. 10. AUGUSTA may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of termination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be determined the Grant from the State to AUGUST A is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUSTA any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: TILE LEAGUE 'f!..,-/ IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. WEST AUGUSTA UTILE LEAGUE ORGlZ ~ By: ~ , As. qly ATIEST~ Title: ~... Sworn to and sub~bed beti re me this ~ day of ,2002. bI" iJJr;Jlio'1,ge'}? 5 Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX. (706) 821-1838 August 9, 2002 Fiscal Year 2003 Georgia Local Assistance Grant Recipient: ORGANIZATION West Au ustd Little Lea GRANT AWARD $15,000 Enclosed are two copies of a contract between Augusta, Georgia and your agency regarding your Fiscal Year 2003 Georgia Department of Community Affairs Local Assistance Grant Award, which was awarded to you through the efforts of the Augusta- Richmond County Legislative Delegation. Please execute both copies of the contract along with the audit statement and return promptly to my attention. The city requires the execution of both documents before the release of any funds. Should you have any questions or need any additional information, please feel free to call me at 706-821-1820. Very truly yours, Lena J. onner, Clerk of Commission Enclosures: AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY A TIORNEY LEE BEARD TOMMY BoYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMONO.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: WEST AUGUSTA LITTLE LEAGUE From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. AUGUSTA-RICHMOND COUNTY COMMISSION JAMESB. WALL CITY ATTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.R1CHMOND.OA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: WEST AUGUSTA LITTLE LEAGUE From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis cc: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1. Attached is Copy State Grant Documentation for~-C-L-~State Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. Name~ 1~~";;kl~5-f4. ~L'TelephoneNo. ;23Y-O?9'? (Ple~~ ~ Signature . _ AddreSU ~-7 ~ P-.3' .tJ 'YJt;/ . Page 1 ~ '-. Grant No. 03-C-L-896 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1st day of July, 2002, 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") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of O.C.G.A. 950-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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. Accountability. 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 returned 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 twenty days of the Department's receipt of the executed Agreement. $15.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. ... \ Grant No. 03-C-L-896 Page 2 of 5 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. 1345-10-20 through 1345-10-28 and O.C.G.A. !336-67A-1 through !336-67A-6 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 LeI!a1lv Bindinl! Act. The Recipient certifies that it is duly organized, validly existing 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 conforinance with all applicable laws to make this Agreement and actions hereunder valid. enforceable and legally binding acts of the Recipient. 7 a. Monitorlnl! and Auditinl!. 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 the Department, until such findings are resolved to the satisfaction. of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of O.C.G.A. 1336-81-8.1 with respect to the completion and submission to the State Auditor of a MState of Georgia Grant Certification FormM for the funds covered by this Agreement. The failure to comply with the requirements of O.C.G.A. 1336-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 8. ()Pen 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!ency 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. .~ "i Grant No. 03-C-L-896 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) 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, ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly. in aid of any church, sect, cult, or religious denomination or of any sectarian institution," Ga. Const.. Art. I, Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith." "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization." but may also mean a "custom. practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God .or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement 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. [Executions on following page] . . .~ \ Grant No. 03-c.L-896 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT By: ~!~6~ Federal Employers ID Number: 58'~a:2() 9c:J 7( Attachments: Exhibit A, "Scope of Services" FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS By,~\M~~ Laura J. Meadows, co~ner '0 ~ l_ ~ Grant No. 03-C-L-896 Page 5 of 5 EXHmIT A The Local Assistance Grant shall be used by Augusta-Richmond County for lighting and equipment at West Augusta Little League in Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 Services cSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. Co Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 African/American. Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, Office of the Mayor Bob Young, Mayor Room 806, Municipal Buildjng 530 Greene Street, Augustar GA 30911 (706) 821-1831 - FAX. (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329. Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA TION " . GRANT NO. . . AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. . 03-CL-15 $50,000 ARC Animal Control 03-CL-20 $15,000 Augusta Ballet 03-CL-887 $25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 M useuin Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 . Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond Academy 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS ATLANTA, GA- . .BANK. 1100-1000 GROSS AMOUNT 50,000..00. . 25,000.00 50,000.00. 35,000.00 25,000.00 15,000.00' 10,000.00 10,000.00 15,000.00 10,000.00. 10,000.00. 5,000.00 10,000.00' 5 , 000 . 00, 5,000.00 5,000.00. 10,000.00 40,000.00. 50,000.00' 15,000. OO,~ 25,000.00: .. 25,000.00' 30,000.00. 10,000.00 30,000. DO: 25,000,00;, 15 000 00: 20:000:00 15,000.00: 15,000.00 25,000.00. 15,000.00. - ;'1 ., Page 001 0 F 00 1 . Vendor No: 0000013727 Vendor Name: AUGUS T.A/R I CHMOND COUNTY :'~1 .1.,,&1.1 ~J~~ :~~ ~,~.f\ 14/7002"'" . ChotclrOata. . ~ "..~~ 6' p;;~ to~~ Onl. .. .US'TA'i./R I C.H'~ON. o~i' COU~;r:y,; I~~" .~~':~~()'~GREENE,STRE:ET" .,; ;jf~",/:W .':'.;;'; . "<iiV . :~.~ Pay. Exactly ..sixtHUNDRED~ F IFTy;".;tHOUSAND' ' ":':.L~?~ ..' ". :/'..:J;rJ." INVOICE NUMBER 03-C-L-13 03-C-L-14. 03-C-L-15' 03-C-L-16. 03-C-L-17. 03-C-L-18 03-C-L-18.7' 03-C-L-19: 03-C-L-20 03-C-L-21 03-C-L-22 03-C-L-23. 03-C-L-24, . 03-C-L-25. 03-C-L-26. 03-C-L-27 03-C-L-29 03-C-L-30 03-C-L-3t 03-C-L-886' . 03-C-L-887' 03-C.-L-1l88: 03-C-L-890' 03-C-L-891. 03-C-L-892' . 03-C~L-893 .03-C-L-894. 03-C~L-895 03-C-L-896.. 03-C-L-897" 03-C-L-898, : 03-C-L-899' .fil.;\:' Ie'::" :~~W.~~1~;;' .. ...,';;};\",..t' ." '~i:-~~~~;:'\~~; WACHOV IA BANKt~. _'.o-;-.~.'" .....:::.f'..n.J,:~.-.. ~"..'. INVOICE DATE 08/13/2002; 08/13/2002 08/13/2002. 08/13/2002 08/13/2002: 08/13/2002'. 08/13/2002. 08/13/2002' 08/13/2002 08/13/2002r 08/13/2002. 08/13/2002.. 08/13/2002: 08/13/2002: 08/13/2002' 08/13/2002i 08/13/2002r 08/13/2002: 08/13/2002: 08/13/2002~. 08/13/2002; 08/13/2002. 08/13/2002.. 08/13/2002, 08/13/2002 08/13/2002 08/13/2002' 08/13/2002 08/13/2002: 08/13/2002' 08/13/2002" 08/13/2002' Check No:' . . . . Check Oate:: Check Total:: 0000058381 08/14/2002 <. $650,000.00; :;; AMOUNT PAID 50,000.00: 25,000..00 50,000.00 35,000.00 25,000.00 15,000.00 10,000..00: . 10,000.00 15,000.00 10,000,00: 10,000..00: !i,OOO.OO 10,000.00 5,000.00 5,000.00. 5: 000 00' 10: 000: 00. 40,000.00: 50.,000.00: 15,000..00: 2=, (lCO. CO,: . ' 25,000.00: . 30,000.00:, 10:,000.00' 30,000.00: 25,000:.00: 15,000.. DO: 20.,000..00 15.,000..00; 15.,000..00; 25,000:.00: 16" ODD.. DO: :.~~; 000041613 000041614: .000041616;. 000041617. 000041619' 000041621" 000041601 000041824: 000041628~ 000041830' 000041832, 000041635~ 000041836, 000041638J 000041641. . 000041583. . 000041585) 000041587' 0000415991 000041804::. 000041608" 000041809' 000041620; 000041823:, 000041627 000041631~'. 000041634l- . 000041637.,. 000041640" 00004164.4" 000041647'. 000041660; . . , 0.00: 0.00. . 0.00. 0.00 0.00 0.00' 0.00 0.00 0.00, 0.00' 0.00' ... 0.00: 0.00 '> . 0.00:, .. . 0.00: .a..oo~' I ..'~" 0.00" ., O',.OQ,:. ,-. .',' 0.00' 0..00:. . 0.. ocr, 0.00;. . O. DO:. . . 0.00; ',: . O~.OO~...' . 0.00:.' '-:." . 0'.00: O. OO~:.. 0'.00: _. 0.00:. . 0.00:. 0.,00; . ,',' :.... . "'-.' ' :.:;"':--' " :. ~. ~ . ',: : , -; : -. ~" (I<; . . . ,"'>!~~>- ,- .,-;' ;:~'.':j'.::.: .~. " " ". ; ,..; .~. -:::, :';~' < ".'~ . " ... .,\.-,}1/ <.)~ :.'.-.;.,>.... ,:,'; to', t, :.. i, " .,','r,' ,"1/:. ,,': ," : :.~~} ~'j~~t.: ~ \.~~J . :1:. ::~' .' ,I :~I ~ :-.1 ~~w: . I -.' . Ch8ckNo, .~.., I \ .', ~ .,~.~:;. ......,. 't~' .. ': ~ 1 '~. '. J,~~:..VbcliirNOlVoao00013727 .~I . ,j;~ r...1 ,~~t::.' . . ~tt:'~ ~:~~'M01:~t'~ :~i :'$,1 $650,000. 00;~1 ~I '.'~"I\"I"" '..,,-~! ."~. '~ .;:w ....~Jl .~~: ~; :'I~',J "~"':'.~ .,.."",... -I "~,.... 1110000058 :i8 ~1I1 1:0 b ~OOOO ~Ol: O'i' 0 ~ 'i' ... b Sill Office of The Clerk of Commission Lel~a J. Bonne., CIViC Clerk of Commission Nancy rVlorawsl<i . Deputy Clerk Room 806 - fviunicipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 September 5, 2002 Mr. James Knight West Augusta Little League 2437 Boxwood Court Augusta, GA. 30904 Dear Jimmy: Enclosed is a check in the amount of $15,000 representing total payment of your FY2003 State of Georgia appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program 03-CL-896. If I can be of further assistance, please feel free to call me at 706-821-1820. Very. truly yours, d4 nn r, Clerk of Commission Enclosure: AUGUSTA-RICHMOND COUNTY COMMISSION 084330 :",,,..,:,.,:,.. )W"':1;'~ -"DESCRIPTION',:, .: ~~ J. '..,c, ...., .. >.:..~..7H...y" )'.'P.O,'NUMBERf:' "INVOICENUMBERV. ,',-,', ':<:INVOICE'AMOUNP:/':: :.,V:, ,..;., ::::'."':". .:.,;:, ...::..':" ...... '.NEI?AMOUNTi:)/. .'.-~. !.JOCAL ASSISTANCE GRANT AWAF ~ 03CL896 15 I 000 00 0 0 0 15 , 000 00 .. .-. CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 0843 3 0 0 8 /3 0/ 02 15 , 000 00 0 . 0 0 15 , 00 0 00 O. II , j I' ..11 :. ., , ,. ~:.~I>\!.JIl":'''''''' ~,;" dtlt . I .. 0 .~:,'ojI."~jjl- " 1.,1;-,"1" .4....I,'~\J,:, ~'.,d'~,~'I? '_'I1_~r,,~(t'Jllrt~ . AUGUSTA-RICHMOND COUNTY ., - ::-,- CQIIj1MISSIPN 'v'" ".,,",",,~ ' ,l>w .'" ,,-- , - - -"- l- R90M 105; ACCOUNTING:OEPAR:T:MENTI ~~. ~'", J,"I:'I~ i-l\~ 'CflEeK'OATEk/"h.' ;'.:'" CHE€lK(NOl? !,~:./ .. ' "'530 GREENE STREET' . r ,,'.. j "'I, ,'"; ,,' ., _ ~ " .. , "",.. , , .'," "" " . , , 11["11 1::1"1' ',j,,~, >"',.1 _I," ,J" " .. , , . ,- 'AUGUSrA"GEORGIA 30911,.' 'J" ' >., d ,,'~ I" I "1,1\ r,(S"73 0 I 02-' - 0 S 433 0 . - - , ,. ~. ' I I~ III~ "f" I ',ur ,,t u., h)~' rl ~ ... ~ I" " .' _,PHONE(706j821-2334V,) "I"'~ '':'11'_'" \'",,;:..' ,~''', ;'.' c"r~~' :.:" .J (~:i-; -.J~Ti ~-1~' ~, ~Il ;'/ '~r~:.r"~II".'~ IIII~I,,/I~ '''''J''Al'' ' J..""..t:,"oi '~~~_j-;'~-,d". ,- ~. .' Ii' ~ ,;: PAY i". - .~ TO THE ,. ClRDER'. OF " " ',,~ ;:*.*..** ** *:~;**'*~-I!**jc:* *- ~ **- 'If. *"~*:t,*c*.*. *"!<. t *~;~i* * *'t.,* ~ ~ f,~*;;fl*'$is,. ,. ".::, '" . '?1{fi ,~!)", c~i i~} ~1k /<j~ '1+~LI:;;r, :\j)tt',;:;~1::) t:~:''J ;i'~~:;).~:~j ,.. ..of .,) ,,!'{ ~~:r~>;"'I \.',. ~W .-f-.p r'''')r--''\' ? i=:"i'. ,~~._-_ :ir",.;~f~'!I"I'f::1,< 1',1\'..1' <~ L'llilll'~ql,i1,~I,1 , ~.<. :, i1,~~, ,~g: -> _ ~~{y.' ~~j ;~1p:~'-'" . - ~4i'; l "~"<~;> 01" '~k~;~~ V~I'~~"I~I, -' '5i97 , Jf W,EST AUGUSTA UE:ii]TLE.1:i'EA:GUE ,., ?~A"3':( Bo.x~cid,D j:~9UR~ .;..'.~ ;J:;,'~ '.",': :AUGU S T A';,':I~G};\ 3~O"9 0 4~<:~ . :;.~,"~,'.:.,~.'.:'~;'~,.~" ", . ) (....:.~,i~~;f. '., --,'~~.-~~,"~:~',:l" '"'"" .:.i.u ' .. r"'~'l , ~:"' ..... .' ., "'0" . . iI" ...' . _,''" ~., . 0;O\.oANDNo:eEN.'I:S~1,,:t ';J',.c~~" ~~I:,<,/,,~-'.'~~;:"i'II"',"'. t~::::I:I:',<,~~" '~?h"~ jj);/il..' .t1i'"" .. '~i~Jl~'~. ....,1'1., (,' :II~'}'~ r,l,.'" ~.' ".~~~Jl'>' ,\,",~,','I:t' ~"~:ry""~ rj~r ~..'l) +' .~<,I:.f lll;::"I:~I' 1,,~,~1>~, '11,JH~'i;,~' ~":'''''~III;~I.I. '.":<',IIIIIF{nq::~iil~~ 1~~~~I'IIi.' ~J~~ "'..~4!' vOIO""'I7t,I;;R90 DAY,:?,~ I" , I.' .:/ \1'"' ","I " (" ~~'l:~..' . /:1',:, ,f:::;~~ "-' " ..<~11~~r~.: ...~-'-,-,. ~ ;~~i'" . . , ,c'~"F~. >;'i;',. ~0/,~'ir,:";"~:;;~~J '11~i'"", . . 'r~~~:'-.tLJ&Yv#.>~.'10'., ~~S'~~~'~i,'~';:,!~;:,~ ::.;.; -f"->-.:'ASSISJA'NT COMPTRoLtER 'l~~;,'I:~'}"':"~~ ;-...\-'.... l:) ~ ,:: . ~,:.~:; ..,~;<)!.~~~:J~'i \,;~"::,".'1.~~(I~l:;:?':,I:.'.~>,' ~::~.<:,~. _:~~',~:":}:'~_j:,'~;~{:,iU; ~-~/ . FIRST'UNION NATIONAL BANK ,I, "';G' ~ AUGUSTA, GEORGIA , / c - . >'~:T ~") I' ,.:.:~~ - ~ t III 0 a l, l l 0 III I: 0 b 1. 0 0 0 2 2 7 I: 20 aDo 00 7 0 2 a 7 b III . ' GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COLVIMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us An Equal Opponunity Employer @ Recycled Paper Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. uMija Enclosures ~C).;J(~ Laura J. Meadows Commissioner Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 September 5, 2002 Mr. James Knight West Augusta Little League 2437 Boxwood Court Augusta, GA. 30904 Dear Jimmy: Enclosed is a check in the amount of $15,000 representing total payment of your FY2003 State of Georgia appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program 03-CL-896. If I can be of further assistance, please feel free to call me at 706-821-1820. Enclosure: GEORGIA DEPARTlVIENT OF COMMUNITY. AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20,2002 Roy E. Barnes GOVERNOR . Enclosed is a check in the amount of $650,000 representing payment for the following . Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 GrantNo.03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 GrantNo.03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY ~ 60 Executive Park South, N.E, · Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us An Equal OppomllLit)' Employer @ Recycled Paper .~ .-.... ... 04 .:i,6 1):;; -{~L-:Jc.f @ ,.. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER July 1,2002 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $10,000 in Local Assistance funds for Augusta-Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds to contract for services with Beulah Grove Community Resource Center in Augusta- Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers I. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, cX'~-.-~. Laura J. Meadows Commissioner LJM/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L:.J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper ." . ~ , x Grant No. 03-C-L-24 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1st day of July. 2002. 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"). WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of O.C.G.A. 850-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts, an amount not to exceed $10,000 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 confonnance 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 returned 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: $10.000 Within twenty days of the Department's receipt of the executed Agreement. $10.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. .~ Grant No. 03-C-L-24 Page 2 of 5 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. ~45-1O-20 through ~45-1O-28 and O.C.G.A. ~36-67A-1 through ~36-67A-6 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 Legally Binding Act. The Recipient certifies that it is duly organized, validly existing 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 a. Monitoring 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 the Department, until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of O.C.G.A. ~36-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement.. The failure to comply with the requirements of O.C.G.A. ~36-81-8.1 shall result in the forfeiture of such grant and the. return to the state of any such grant funds tha't have been received by the Recipient. 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 Agency 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. TIle 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. ,t~ Grant No. 03-C-L-24 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) 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, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., . Art. I, Sec. II, Par. VlI. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennettv. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Gp. AU'y Gen. AU'y Gen: No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," With "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasC?nably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noi1compliance. 13. Entire Mreement. This Agreement 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. [Executions on following page] ~ ~ i " Grant No. 03-C-L-24 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT ~'j~~(f(j Mayor ~ ' LfF' By: Federal Employers ID Number: 58-2204274 Attachments: Exhibit A, "Scope of Services" FOR THE DEPARTMENT OF COMMUNITI AFFAIRS BY:~ ~~lA3$ Laura J. Meadows. C~ner " i ~ ~ -~ Grant No. 03-C-L-24 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County to contract for services with Beulah Grove Community Resource Center in Augusta-Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose. the purpose must be accomplished through a contract for services by the named private entity. or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity. such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate. suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites_ These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY ATTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILUAJlIS BOB YOUNG Mayor P.O. Box 2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: BEULAH GROVE COMMUNITY RESOURCES CENTER From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for .services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization qeing eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this LL day of June, 2002, between AUGUST A, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and BEULAH GROVE COMMUNITY RESOURCES CENTER hereinafter referred to as the "ORGANIZATION"); WIT N ESSE T H: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUSTA a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUST A and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of $10,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZA nON agrees to perform the following services, which AUGUSTA has determined renders a substantial benefit to its citizens, to wit: To provide programs for the disadvantaged, thereby promoting public health and safety, including providing health care and counseling services. AUGUSTA has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 r Police and fire protection; r Garbage and solid waste collection and disposal; ~ Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purification, and distribution of water; r Public housing; r Public transportation; r Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUST A has agreed to provide the State with any information, documents and/or photographs that AUGUSTA, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or [mancial statement of AUGUSTA and any future audits or financial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUSTA documentation of Fund use or a copy of audited financial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved findings of AUGUST A concerning expenditure of the Funds, whether based on an audit report, financial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such findings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUST A deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under ~ 501(c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article I, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of LaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUST A that it is not so organized and that it is not a religious ORGANIZATION as dermed above. 1 O. AUGUSTA may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of ternunation, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be determined the Grant from the State to AUGUSTA is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUSTA any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: BEULAH GROVE COMMUNITY RESOURCES CENTER ~ e;~(S . ~ P A ~ Sr Au 611& T-A-f 614- .3l>'1t>1 IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. ~y: BEULAH GROVE COMMUNITY RESOURCES CENTER ORGANIZATION A TIES1<- Title:~ __;;}! A TIEST: .S:'t-~- ~ ~ ~::: -:;. '''-, 1 r: J> . ,.-.!.....i:- ~ ~~'-- -J'JOU!!J-< IC.;., ~ eorgla ~ -., }A.. .~ . RIt~i~mt"oUnty. o.;:,,;;"'~'c.~~1 ~'~OOOber 19, 2002 "",~' ..~ " ~ . ,; .', .,,~ 5 Office of The Clerk of Commission Ler:a ], Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX. (706) 821-1838 August 9, 2002 Fiscal Year 2003 Georgia Local Assistance Grant Recipient: ORGANIZATION Beulah Grove Communit Center GRANT AWARD $10,000 Enclosed are two copies of a contract between Augusta, Georgia and your agency regarding your Fiscal Year 2003 Georgia Department of Community Affairs Local Assistance Grant Award, which was awarded to you through the efforts of the Augusta- Richmond County Legislative Delegation. Please execute both copies of the contract along with the audit statement and return promptly to my attention. The city requires the execution of both documents before the release of any funds. Should you have any questions or need any additional information, please feel free to call me at 706-821-1820. Enclosures: AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY A DORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: BEULAH GROVE COMMUNITY RESOURCES CENTER From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis CC: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1 . Attached is Copy State Grant Documentation forl> ~C-L~ State Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. Name t; /??n O/y'VI~ Telephone No. ~d 4.- /t>J?'to . (Please pont) P f) Slgnature~ .~ Address 14- ?Lf-jJ4)7J- Shu..c '* fJtA.OL;-} -/~ CCA ?C-70/ . Page 1 Office of The Clei"k of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 September 16, 2002 Rev. Sam Davis Beulah Grove Community Resource Center, Inc. 1434 Poplar Street Augusta, Georgia 30901 Dear Rev. Davis: Enclosed is a check in the amount of $10,000.00 representing total payment of your FY2003 State of Georgia appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program 03-C-L-24. If I can be of further assistance, please feel free to call. 1;;}4uv Lena J. Bonner Clerk of Commission Enclosure: ldD6 AUGUSTA-RICHMOND CQ~JNTY COMMISSION 084790 .,.,,:,.'. :' '. K".",'i"DESCRIPTlON\i.""".' .. ...': :::::'{" .:~:::L:J.0;;~r~ pc. "liI:11BER.: ",' INVOICE:NUMBER:N +&INVOICE,:AMOUNT>itt::,::: ::::~;ti~i~:;t}:: .. P'--,".", ... ......:-::::,;: X'}NETAMOUNP:N;:'} 3RANT 0 3 CL2 4 1 0 , 0 0 0 0 0 0 0 0 1 0 ! 0 0 0 0 0 .. CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 0 8 4 7 9 0 0 9 / 1 3 / 0 2 1 0 , 0 0 0 0 0 0 0 0 1 0 , 0 0 0 0 0 r ;;U~:~"i::l"~I;II.'lIlm~'iIllIlUtlh'II:I~.II:"\.1f'l.J"II:A'll:.l:IIII1;;m,,.tl~tHUlIIWm;lIUUI:~,~'1":t~lhliI'l:.1:1~,fI~I:I:H~~'U'I"'.'I:I:IM'1:1:.:tI)l:tWIII~~1:tI'jl.:t~IJ"~,H:t'.'ml.t':fi:I:t""llfJ=tU,...t:I:l\'jlltf"l!!W!'~U:"'1(lW~ "'<." ,:' ;,di' "",-/t ~~.;',I:'>:~''''",,:'' (,'11'11,'.,"""', ":;,dl!.I,""I.\",:,i~;',." ~"t>,I.:Il~ ,'~,~'toll.~!I:;11r '. . if!ltlJ!Z~i1l't ,'.:,:,':r~-~/:I:"':'~" ~III~ "......"i~'/;,,".J",' ' '. '-j,,/,, ':.~~-J,~j':";/ : ~-...i."j ""~-,'.:r~-t.. AUGUSTA:RICHMOND COUNTY. .., .., ' '", . '. ..' ' .. '::'. . :(;4:022 .. . ~o ~'r ,c:OMMISS!O~i:~r."i",':'", ;'..r: '" p, .... . .ROOM 105; ACCOUNTING:'DEPARTMEN;rI"";'~II21 ;l~i~,!)fl;ii!<,,;p)1i:t,E;~~:~P~'i; r .,. igi;ig9K;;N'(j~(:WJg: ...'~ J. ./., ii530GREENE STREE;r!:':~";' :",;~",,:,.,} .1"",",.,,;l .,' .' .' T GEORGIA ~091" ' It ~lll_""" t ~II"~, ~'~I'i1;I~'~, - : '..C . ,. ,.AUGUS, A., .... .,. ,,,',' .''''','''.rI J~'~':~ i~:1,"': .0~9"713/o'2 084-7;90 :: ~ PHO.NE,(706) 821-2334(,',1 "~';~"" ",',;"" . ~'J'~:"~ >~/:_' ~...,-. .~.~~, >\-~...- "_, -" .i1.l'(I,.J .'",<...~, 1-.1~ ".'I,..,~,. ' ....., , .~ , ," '. ....*"*. * * * * ~''!<~* * ~~* * *:w:. *.1"IJ' '!' *'*'0*: *:~: *;"!<~*. *:* ~r~":!< *;~~;*,* :* ;*-:t';".~';* * ':J<;,~~\*;-k:*:.'$' 1.0 , ,~. ., .,- ; (,;::~. "~7 :~~" i:;~:: 0 ~, ).:1,';',::-. ' ; ',i:~. ,. ,':;f /';',.:';~:i .~~',:"..I~'~}: '~':'~:'I:'~.' ,',\. >\ ',.,.' ~.: ~'1..~,i.. . ~ - . ,.,.~ '-':1,,~ J~~<~F,,," ,,1!'_~:~ '~-':"-~{_~-'- ~~'_<_'~,rl" ~> OQ'oM:iEJNQ,eEMiI',S .':?{~ ,;;?h:"a, .' ,;">~1 :I,/:'Y . fm~JI~':;::~:t~:~~\;~ , J" . ' r~: I~;..' \ f r1"', .. d j,fi ,.!-tt.l<..ih:,' VOIl:):;:FT~RI9~DAysj ::~;:';'" '_' .... J ~,~.... PAY TO'THe.: ORDER"- ..OF' 78669 ,BBU:cAH , GB.O~' C.oNjMUN[~T"Y;~,;"t:( . RESOURCEJi CENT:ER "i'NC.-':,; t ..: . . r _' " ,t Ii,'.' , _', 11, " ~",t,' ].43-4';' PO~I:tA:R SWREAl:IF ,.' .1tlrGUSTA/,i,GA 3'6~9~~"il? ;::;:;:1 'i .~"m~ .~ .:IG~;dl J!63 aiJ)ltLf(/GJ~:r.;c .: '_ . , ' , " . ",' .'. '-, .', '. ,:', ~ T c" .-; '''''''I~' ,).1\ .' ,,{,,.. ,,) __'~"J .'__ .....- \ ~ASSISTANT COM~TROLLE~ ~~~~'::?r ~~;I(";' ',::r'~ , ." ""> " ! !.,;'.'n'/I':: :'~~-'I:~~.' ,!' ,.' ,~'"'::~~~\ ~~:;~-':~~':':,t~/' FIRS;-;UNION.NA"flcjNALBAN'K .,!:.r;C,\., AUGUSTA, GEORGIA. , ,~ .)' ,- ~ 'f "~I" .t . -'--I '~ -, III 0 8 ~ 7 g 0 III ':0 b l.000 2 27': 208000070 287 bill GEORGIA DEPARTlVIENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. eaUAL HOUSING ~ OPPORTUNITY L.::..I 60 Executive Park South, N.E. . Atlanta, Georgia 30329-22310 (404) (;79-4940 www.dca.state.ga.us All Equal Opporftlllity Employer @ReCYcled Paper . Honorable Bob Young August 20,2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ~C).;I(~ Laura J. Meadows Commissioner uMija Enclosures J -~ 03 r-L-.:Jj:cJ @ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER July 1,2002 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $5,000 in Local Assistance funds for Augusta-Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds to contract for services with Neighborhood Improvement Programs in Augusta-Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers I. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, cx'~-.-~. Laura J. Meadows Commissioner LJM/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679.4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper , .. Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 August 9,2002 Fiscal Year 2003 Georgia Local Assistance Grant Recipient: ORGANIZATION GRANT AWARD Augusta Neighborhood $5,000 Improvement, Inc. Enclosed are two copies of a contract between Augusta, Georgia and your agency regarding your Fiscal Year 2003 Georgia Department of Community Affairs Local Assistance Grant Award, which was awarded to you through the efforts of the Augusta- Richmond County Legislative Delegation. Please execute both copies of the contract along with the audit statement and return promptly to my attention. The city requires the execution of both documents before the release of any funds. Should you have any questions or need any additional information, please feel free to call me at 706-821-1820. ;;;~~ Lena J. Bonner, Clerk of Commission Enclosures: AUGUSTA~RICHMOND COUNTY COMMISSION JAMES B. WALL CITY ATTORNEY LEE BEARD TOMMY BoYLES ULMER BRIDGES ANDy CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, In STEPHEN E. SHEPARD MARION WILUAMS BOB YOUNG Mayor P.O. Box 2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMONO.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: AUGUSTA NEIGHBORHOOD IMPROVEMENT, INe. From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of'an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis CC: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1. Attached is Copy State Grant Documentation for !!!C-L~ State Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. Name Melinda S. Rider Telephone No. (706 1790-4440 (Please print) \' iIuilt ~ Signature -,,/I 'f/Ld4J Address 2467 Golden Camp Road. Au~usta. GA 10C}06 . Page 1 ". ST ATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this A day of June, 2002, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and AUGUSTA NEIGHBORHOOD IMPROVEMENT, INC. hereinafter referred to as the "ORGANIZATION"); WIT N E SSE T H: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUSTA a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of $5,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perform the following services, which AUGUSTA has determined renders a substantial benefit to its citizens, to wit: To provide programs for the disadvantaged, thereby promoting public health and safety, including operational funds. AUGUSTA has the power to perfoml such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 r Police and fire protection; r Garbage and solid waste collection and disposal; r Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purification, and distribution of water; r Public housing; r Public transportation; r Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUSTA has agreed to provide the State with any information, documents and/or photographs that AUGUSTA, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUST A upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or fmancial statement of AUGUSTA and any future audits or fmancial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUSTA documentation of Fund use or a copy of audited financial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved fmdings of AUGUSTA concerning expenditure of the Funds, whether based on an audit report, financial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such fmdings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.c.G.A. ~ 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under ~ 501 (c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City oj LaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supematural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as defined above. 10. AUGUSTA may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of termination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be determined the Grant from the State to AUGUSTA is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUST A any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: AUGUSTA NEIGHBORHOOD IMPROVEMENT, INC. Neighborhood Improvement Project, Inc. 2467 Golden Camp Road Augusta, GA 30906 IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. AUGUSTA NEIGHBORHOOD IMPROVEMENT, INC. ORGANIZATION By: lI!pj~ ~ Asits res ent A!fEML Title: Executive Director cflY Sworn to and subscribed before me this ~day of f\l' jU S + , 2002. ~~ O.ci4d- Notary Publ My ~mmiSSion Expires: -/3 -Ol.{ 1000"'''''''' ...<p' 1\.. 'l A. l.i.. 1111... ....t~\~c....... OL..... ,.,.,,;0. 00 '. rA"iII, ,:0 ho,V.' O~AR"". 'VI . i "'... ~ r -.. \. 1 : Expires ~ : ; : GC'ORG1A : ; - . ~ ... \ ..., June 13, 2004 ~: : . It. 0." \11....PUB\..'\ .... I -,~ C~.o.G..... I"'\.~ !iii' I,,_,~ r-"-J" ....". ViaND v ,0" 410".110 'GO II 1.0'" 5 . " ; Grant No. 03-C-L-26 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1st day of July, 2002, 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"). WHEREAS. the State of Georgia desires to promote the health and welfare of its citizens; . and WHEREAS. 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 WHEREAS. the Department is authorized by the provisions of a.c.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS.. 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 Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts, an amount not to exceed $5,000 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 returned 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: $5,000 Within twenty days of the Department's receipt of the executed Agreement. $5,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. . ... ., Grant No. 03-C-L-26 Page 2 of 5 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. a.c.G.A. 845-10-20 through 845-10-28 and a.c.G.A. 836-67A-l through 836-67A-6 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 existing 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 a. Monitoring 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 the Department. until su'ch findings are resolved to the satisfaction of .the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of a.c.G.A. 836-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of a.c.G.A. 836-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 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 afficial Code of Georgia Annotated. 9. No Agencv 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. '.' ~ 1 Grant No. 03-C-L-26 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the tenns of this Agreement in a timely manner; (H) has failed to complete all or a portion of the actions required under the Agreement; (Hi) 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, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. I, Sec. II. Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City oj LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect". "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive . signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement 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. [Executions on following page] '. .. r Grant No. 03-C-L-26 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT By: ~1~i( I) Federal Employers ID Number: S 8" d::J()t/~/1 Attachments: Exhibit A, "Scope of Services" FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS BY~~ Laura J. Meadows. C~~oner . '.' .. ;1 Grant No. 03-C-L-26 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used .by Augusta-Richmond County to contract for services with Neighborhood Improvement Programs in Augusta-Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate. suppose the appropriation is for a grantJor renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated tenn. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . 1t is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 GrantNo.03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E.. Atlanta, Georgia 30329.2231. (404) 679-4940 www.dca.state.ga.us An Eqllal Opportunity Employer * Recycled Paper Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. uMlja Enclosures 2C).#!~ LauraJ. Meadows Commissioner Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 Services CSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 African/American. Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, Office of the Mayor Bob Young, Mayor Room 806, Munidpal Buildjng 530 Greene Street, Augustar GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329. Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA TION - . GRANT NO. AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. . 03-CL-15 $50,000 ARC Animal Control 0;3-CL-20 $15,000 Augusta Ballet 03-CL-887 '$25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum . Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 . Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm, Ctr. 03-CL-23 $5,000 Richmond Academy 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 STATE OF GEORGIA . DEPARTMENT OF COMMUNrTY AFFArRS ATLANTA, GA' .BANK. 1100-1000 GROSS . AMOUNT 50,000.00' 25,000.00 50,000.00,' 35,000.00' 25,000.00 15,000.00 10,000.00' 10,000.00 15,000.00 10,000.00 10,000.00. 5',000.00 10,000.00' 5,000.00 5,000.00 5,000.00. 10,000 . 00' 40',000.00 . 50,000.00' 16,000.00. 26,000. OO~ . 25 000 00: 30;000:00 10,000.00 30,000.00,' 26,000.00, 16 000 00' 20:000:00 16 000' 00, 15: 000: 00: 26,000.00. 15,000'.00 . . Page 001 OF 001 Vendor No: 0000013727 Vendor Name: AUGUSTA/R ICHMOND COUNTY INVOICE NUMBER INVOICE DATE 03-C-L-13 03-C-L-14 03-C-L-15 03-C-L-16' 03-C-L-17' 03-C-L-1& 03-C-L-1 g.7' . 03-C-L-1 9; 03-C-L-20 03-C-L-21 03-C-L-22 03-C-L-23. 03-C-L-24, . 03-C-L-25 03-C-L-26: . 03-C-L-27 03-C-L-29 03-C-L-30 03-C-L-31 03-C-L-S86'.. 03-C-L-S87' 03"C~L-888" 03-C-L-S90' 03-C-L-S9t 03-C-L-S92: 03-C.-L-S93; 03-C-L-S94, 03-C"L-S95' 03-C-L-896.. 03-C-L-897' 03-C-L-898; : 03-C-L-S99~. Check No: ." Check Date:. _- Check Total: '.- .. 0.00. 0.00. 0.00 0.00 0.00 0.00' . 0.00 . 0.00. 0.00. 0.00' 0.00.' : 0.00: 0.00 ." 0.00. ...... : ,. 0.00:;..-:' .0.00," . O.OOl" 0..00 0.00', 0..00. .... ,'. O..OQ: 0.00:: . 0.00. '." .. .' 0.00'. . . 0'.00: '.0.00:. .0.00:.' 0.00; 0'.00; '. 0.00'. . 0'.00:. 0.00; -,', ." . t . '\ ~ . ~ ..;., . ',':, '\ :: ~l' I.:';. ~::~.-::.~ .i". ", ";." ." ,"- .J,', "_, " '~. ". ",'t' ,". :.".~ : I .. .....-.....- )~>;(; ii:~..~r:~~~~;~~IflT~'i:::. .::~!> ~~:<; , " , K U..""'..~.., . 't' '. ,.' {~,)6.0:.'.:E:X'ECIk'RfV.E., e'AR . SO '''''''l''',.~;. :~~ ':.[~ <;;.~;>~~~t . . ,. :~~ 30:~~T.t,~.;.. ~'" ~,":!-" 'I~"'~"" -,.-~~;~~.,.j :~~:, ":,. ~~~~:~f:~2. .~j~1-', ,>~. "i/::,;.r'~':'~~"'N~5~;".:c ,;;_~'~' :::.;~t::;/i"7::: Pay to t1i.'Ord..r.:o~A1lIGUSIT'A'/R I CHMONO> COUNlrY'< :::t;:. .'. 'c .'. ~i'J:i:"s:. _~O:.,' GRE. ENE. STREi.'E. ,T" "'..:.': - C<~t\ . _ . ,,;;~~( ~~.;<. -;.,' ~~l~~;~i> .-:,:~~;'" . :"").A~.:~'.'. .-:. ., PB~;Ex8CUY 's~ix~i,,,UNDREC'~ F I FTY~;~!HOUSAND' . ""<:J5,?Ji::6.o' : .,' . ..~.;;iJ." ~~~!jtZli ft;~t; ......;'\'.,.~, WACHOV IA BA'Fjk...'~; ._ '.-'~". .....o.~.;;e-<::t-..~..~,.,'.'~' ;~t '.:\.....: ."::t~:; .......... :; ~;,: 0000058381 . 08/14/2002:\ . $650,000. oo::~ -;;~ ;. : !~j AMOUNT PAID 50,000.00 25,000.. 00' 50,000.00 35,000'.00 25,000..00 15,000.00. 10,000'..00. 10,000_00 15,000.00 10,000'.00' 10,000..00: 5,000.00 10,000.00 5 000. 00 5:000:00 5:,000:.00' 10,000.00: 40, 000_ OO~ 50',000.00: . 15,000:.00' 2=,000'.00.:. .. 25:,000'.00: 30,000.00': 10:,000.00: 30' 000 00: . 25: 000,: OO~ 16,000. OO~ 20', 000:. OO~ 16,000.00. 15 000 00' 26; 000: 00: 16-,000:.00' -, .,' .' . ., .....~I"" "" 'f.1 ..g "~ ~]I '~l .;~: 'ii.ii :ii _'.1 $650,000. 00;~1 '~11 -"1! ""1 .~i ,:,,~, . -~~ '~;i 1:':' ,;p " '1"4.81 o~; 'if! ,,;~' ,\<"ft ~ ,~.,'~/.fif . . i 0$8381: ::';~Xi;'{\.~~::~f ,y1#t~~~~00:13 727 ., '[ ~ ., .,,@;,. .;;&:",. 'd~'''''''''lir..-..... ':'~h... :1 ,,,':l,~:..,~:. ~.;~:..... ....;.i~.::.~' ,.':'--. r. ~ ......_. '. .......,r.....'''...-.. 1110000058:\8 .111 1:0 b .0000 .01: O? o.? L. b Sill =~ Office of The Clerk of Commission Lena J. Benner, Cf'1C Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 September 5, 2002 Honorable Ben Allen, Representative Augusta-Richmond Legislative Delegation 1124 Laney-Walker Blvd. Augusta, Georgia 309012837 Dear Representative Allen: As requested, enclosed are the following 2003 DCA Local Assistance Grant Awards: AGENCY AMOUNT Lucy C. Laney Museum $5 J 000 Good Hope Social Services $5,000 CSRA Transitional Center, Inc. $10,000 AUQusta NeiQhborhood Improvement, Inc $5,000 AUQusta African American Historic Comm. $10,000 Shiloh Comprehensive Center $5,000 If I can be of further assistance, please feel free to call me at 706-821-1820. ~ ~rulY yours t?'~~. onner Clerk of Commission Enclosures: .. AUGUSTA-RICHMOND COUNTY COMMISSION 083795 ""i::","" ,'::i,,: DESCRII?:T10N;' ..,..;,;.;.... " ~ }~..~:;;:~m:?~.::~~~}}::~;:;:::'; ,;~:1i..;t;}; :}~p.m.NuMBER{ :,.'INVOICE'NI:JMBERr<:;' ;:;":{ UNVOICE'AMOUNn:,:",\:',\: ::,::-"'-:i,:~~;:.:~ :::;NEJ\AMOUNT- ' '" l.JOCAL ASSISTANCE GRANT AWAF 0 03CL2 6 5 , 0 0 0 0 0 0 00 5 , 00 0 0 0 - .- CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 0 83795 08/3 0/ 02 5 , 000 0 0 0 00 5 , 000 00 :::uI;""i:("-lInl...m....lltl"lh~l:la.:'.~...:it{II~'.:.I:IIII1:a:'.l":i~:l1II1~II'p.IIII:'~"1)t::l~III:l'1:.1~;I:U:I::tf,.....'..,."'U:l:lM'1:1:.,1.:lWIlI:..~~~jl:l~..'1:\;;t'.'h'II......:I:NIfUl~aUltW:h'jlll"'1.,'1.::t:J'UIIH r .~II".',.,II:,'.' ~"'II_ I,' \.l,~' I',' I ~111~1.} Iljul,i't-'IIf'l:.r ~llIlr -J l,;fjrl~J ~IIII~~'> '~I"4t:uLI,' ~'I~-...~uf' j~:~J filll"t~U":",~} i"-.,..o=~, 1,if".:..fi..&.....,iJr ~~~, AUGUSTA~RICHMOND COUNTY ." . . J '. C.ort'MlsslqN ,"'"', : ,~~.,;,,! ':"ROO~106; ACCOUNTING! DEPAR:r:MEN;l,.,~'~~~I~;I'JI:; . >:/:.630'GREENE STREET,""'; i'~"'/;;'~~'i +A:UGUSJArGEORGIA)Q~~~:,,' I;;\,~, ;\,,';;;1 ~ -~cpHONe:(7061821 2334J '"," """,U yYI.l'"' ~?:d-~: ~~t; _.;':~'+~" - ~." ~;:~/. . " 'r~~I;I~'~:,,'~!;~~ . '.. ~--,r:. fI~~/,~ ; t~~I~\ 1,~I"'"J',,11 " ~d:"' t,-1~"'''''-",~ .',IIP ~I'-'~\W"I',~'~ ~'I'" 'i,l'"~; ',:t,* *$"'5'~~ iii 1'('0' "'O,,:~ "II. j' "',Il .,:' . 11' ; ,\!J;\::III,'~}I..,;,~ ~,,, . ',II I' "'I . ""'~,'./ I "'yo ;,r ''';;jj I,? 11%'IIJ'lIi~ ,', llJ.'dll'. ,,11''''''1111 1",."11,,, ., ~ _ ' , ".... . . '. ":'$ ., ,',I ,-' , ,', _ . . '..:' . ,;',*"**.* * -I< * .** *,*'*' * *,*i*'*.,* **7* **;**.* ** *,;*;tr *:*:11<;* *.,,*,* ** * *1*,*>*:*,/< $ 5 ';-~ ;",1"" I':": 'r -=;i:', "L;:;( /~~~:~ ~'~f;:r .>L~_~ ':iltt~:~, ~>~., \, ~ ". ~~~~'t,- ,~t~ F,\ '~t,,l ,;,>"'1"111" ~R~.. <,;,;1: :~Il ;l~:,:'I,;"'~"'I'''~'':II'II'~',L' ,_ I ~,";' 'l' l"'~":fl ':. .:;;~ ,1:=J+;1 }r-~'''';I ?......~ .~,~~.,'fOt .;t-r{~,,,,, o"~,~-l_-: . '~""~.-....:I,"'li~II~';:<~t~:, i","liI":.'~i~ t<I":',':ls.tj~,I,,,II,1Jt " ,)/1, ,I' i '.7' ".';f i0,/1 ~:; 7~,1~J< :;~d, .,., i'nl,;j.:d,,;t!,:"~,~:; \,i ';";nl\ .~','""r tl',...p,~ ~ >,Il:.>.'~," . '~#_/~~~~j~~~~' ::~;! :r4t~f..:'.~:'" . "i;~i :~,~,;.::.: "-~f~ '~:P;I:/ :,~~,'~,\ ,~:,i::.'I,,;,~,I~~~~.~H~. ~, I" "~_/ >;.r-<'.r"--',7? ~J;':. .l'-""M-\~""'" ,. _1:,J,A....... ('.11"~. ~~ .,~ ,\l.4~ 1- ~, ." .:..; 1;..... c --f4~}~' _. ~,~, ) :;"""'-"'\,~,""';.. ' . '-'f'~' "'t' -"-'../~ ......"'.. r....: O:O:0~N~I~E!:;!1'p ~,';,1 \..\ '{' ,," ,,;1 ~""$ /~~:,~ 1~~lli~JI~ (tr'l .r,LI' I t ~..1 ~~I.ul,l.~ it' ;~,Ii,l ~/..Jl~J, ~"'{"Jd-,j, ..J l>H ,r'~ .. r~ '..1b'1~ J:~I:,. \ JI~ .f'~" .~ .1(1 VOID AF.itER 90 DA:t~!, , PAY TcrtHE'~ ' ORDERc . 'OF . ~:'~1 .r,f'" " ..~ " T04616 " ,'.. ,-" AUGUS TA;NEliGHB0RHOOP.\,il If,' ..: _:. ",""',;,"', ,"-;"~''''~,;,\ ~,,\':,~ TMPROVEMENT: INC i-,-) "',~'~ .. , . .. ":'.1,. , - ',~, r ,I":'" "r';r" ,',. , ,I '.2',4 6 7' GODBEN CAMP~.RD;'"" ~, ,~' , . ,I"' , . ' , " ':, ,'" ~ "".' ,~. ~AUGUS TA /"','GA 3 0 9061:, ~.;.~,~ ~ ~~..L ;:.' . "IT~'~'i: , L,';.~ .: .1" ~~;.; . - '-";(J ~n" sgj;;': l;;,!~,~{,'!;r,Io",,'A"-.p;t"~ "'''I'"'''~>; ,~<C-_l ,I ..~~'rl'l ,I. ~~O.~'::i", -'1.. -, y; 9# "'.... Ii ~ "I. H I <fll, ff 0"",11 ".II~1 ~^/1A-..\ . :". ASSISTANT COMp'TRO~LER ',".:;"~ 'fi'~',., ""r,j :/;: ~,-~~;:,"~'~" ?:' ,~I:,:,~ '\ \" ::,";' '. :':,~~I~' '~~'~~I'. ~~'~:':j ,.~' ,;,,;,,~/ ,~":?_, FIRsi':UN'ION NATIONAl:: BAr:li< (i:;~~"': AUGUSTA, GEORGIA . III 0 a 3 7 g 5 III I: 0 b . 0 0 0 2 2 7 I: 20 aDo 0 0 7 0 2 a 7 b III .~ , ' GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 GrantNo.03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park Sautll, N.E. . Atlanta, Georgia 3032Y-2231 . (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper Honorable Bob Young August 20, 2002 Page 2 I ~ I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. uMlja Enclosures ~C).;J(~ Laura J. Meadows Commissioner _ f 63 -{- L-:J'j @ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $10,000 in Local Assistance funds for Augusta-Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds to contract for services with CSRA Transitional Center, Inc. for programs to combat juvenile delinquency in Augusta-Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers I. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, cx'~~. Laura J. Meadows Commissioner LJM/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 August9,2002 Fiscal Year 2003 Georgia Local Assistance Grant Recipient: ORGANIZATION CSRA Transitional Center, Inc. GRANT AWARD $10,000 Enclosed are two copies of a contract between Augusta, Georgia and your agency regarding your Fiscal Year 2003 Georgia Department of Community Affairs Local Assistance Grant Award, which was awarded to you through the efforts of the Augusta- Richmond County Legislative Delegation. Please execute both copies of the contract along with the audit statement and return promptly to my attention. The city requires the execution of both documents before the release of any funds. Should you have any questions or need any additional information, please feel free to call me at 706-821-1820. Very truly yours, ~fl1~ Clerk of Commission Enclosures: .. AUGUSTA-RICHMOND COUNTY COMMISSION JAMESB. WALL CITY ATTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, -JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: CSRA TRANSITIONAL CENTER, INe. From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY ATTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: 1WALL@co.RlCHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: CSRA TRANSITIONAL CENTER, INC. From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this K day of June, 2002, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and CSRA TRANSITIONAL CENTER, INC. hereinafter referred to as the "ORGANIZATION"); WIT N E SSE T H: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUSTA a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERA nON of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of $10,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perform the following services, which AUGUSTA has detennined renders a substantial benefit to its citizens, to wit: To provide programs for the disadvantaged, thereby promoting public health and safety, including providing counseling and alternative programs to combat juvenile delinquency. AUGUST A has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 / Police and fire protection; r Garbage and solid waste collection and disposal; r/ Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purification, and distribution of water; r Public housing; r Public transportation; r Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUST A has agreed to provide the State with any information, documents and/or photographs that AUGUSTA, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or [mancial statement of AUGUSTA and any future audits or fmancial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUSTA documentation of Fund use or a copy of audited financial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved findings of AUGUSTA concerning expenditure of the Funds, whether based on an audit report, [mancial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such findings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold hannless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUST A, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. 9 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. 9 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7 . ORGANIZATION certifies that it is a tax exempt entity under 9 50 I (c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article I, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words ofthis prohibition have their ordinary meanings. In Bennett v. City of LaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as defined above. 10. AUGUSTA may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of termination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be determined the Grant from the State to AUGUSTA is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUST A any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: CSRA TRANSITIONAL CENTER, INC. 1345 Druid Park Augusta, Georgia 30904 IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. CSRA TRANSITIONAL CENTER, INC. ORGANIZATION By:~ ~~ As its Presi ffI ATTEST: ~~...~~~ "\ Title: Dlrec or ~ Sworn,t()an~ sub~~?ed efo~~.)1W thi!,.~ '9,ay of ,"" ,'" iJ;!;;!- _C~.'" 20 2 1;;,: :::: ',",- " ,'" ::'t" ~. ~ ir.7":-'7,..:-~.. ":; ~ ~~,' .... ~ ~; :>."f ~ _~ ';', ;;. ~ ~- :. }"J."."....... ~.~ ,. ~ I~~ ,~~C"- -;c . ~'-'?f,' E K1rktfna A. Glaze Nl3'~o~, IS, SloflExplres2 Notary Public Elbert Co.1fttu Geo~ /Y1'l.L>!.{ 'f-,r' \ .,;....,<1-.... ,~"'~, . ~"L~~ T'._<f }" My COmmission expires June 27 2 ~'r! W -, ---~- e.. ".. .~~-' , GO~'a eunr s9Jlcbg UOISSlwwOO J;W 81tuOeE) .~OO J.leql3 'Ollqrld Ar8JoN 8Z8JE> "v 8UJPl.lDI 5 CSRA TRANSITIONAL CENTER. INe. STATEMENT OF REVENUES AND EXPENDITURES January 1 - December 31, 2001 REVENUES State of Georgia (DJJ Contract) State of Georgia (DJJ Contract) AugustalRichmond County Commissioner AugustalRichmond County Commissioner International Paper Company Contributions Interest on Bank Deposit TOTAL INCOME $25,600.00 14,400.00 3,125.00 45,000.00 1,500.00 684.28 43.71 $90.352.99 Total different from original sheet because it represents a refund of$53.00 from on overcharge by a store. EXPENDITURES TelephonelUtilities Payroll-Director/Staff Supplies/Printing/Publications Recreational Activities/Snacks Equipment/Office Taxes Accounting Fees TransportationIV an Expenses Advertising . Building Lease Misc. Expenses Bank Service Charge TOTAL $ 2,005.22 51,139.77 3,220.11 1,366.06 1,099.67 13,611.14 622.80 465.00 630.80 9,367.25 283.85 159.08 $83.970.75 SCHEDULE OF EACH EMPLOYEEIINDEPENDENNT CONTRACTOR'S SALARY Charles Bartholomew (Director) Annette Thrower (Secretary) Nancy Woodward (Case Manager) Cindy Beck (Case Manager) Catherine Arnold (Tutor Coordinator) Daryl Dunn (Recreation Coordinator) Pierce Mims (Van Driver) Faye Hardy (Consultant) Stephanie Gamble (Consultant) Janet Lenard (Consultant) TOTAL $10,414.50 10,344.28 4,287.98 13,567.63 2,970.00 4,441.50 2,998.40 1,575.00 540.00 1,000.00 $52.139.29 Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis cc: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1. Attached is Copy State Grant Documentation for ~-C-L-..:21state Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. . 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. Name Charles Bartholomew Telephone NO.7 0 6-7 38- t) n fi n (Please print) Signature C \.... ~ ~ ~~. ... <:I.. ~ Address 1345 Druid Park Avenue, Auqusta,. Georqia 30904 . Page 1 ~.:. ~.i..' Grant No. 03-C-L-29 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1 sl day of July. 2002, 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"). WHEREAS. the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS. the Department is authorized by the provisions of a.c.G.A. 950-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS. 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 Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts. an amount not to exceed $10,000 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 confonnance 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 returned 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: $10.000 Within twenty days of the Department's receipt of the executed Agreement. $10,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. '" Grant No. 03-C-L-29 Page 2 of 5 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, a.c.G.A. ~45-1O-20 through ~45-10-28 and a.c.G.A. ~36-67A-l through ~36-67A-6 and that the aforementioned parties shall continuously comply with the same throughout the ternl of this Agreement. Additionally, the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Legally Binding Act. The Recipient certifies that it is duly organized, validly existing 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 a. Monitoring 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 expenditu.res 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 the Department, until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the tenns and conditions of a.c.G.A. ~36-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Fornl" for the funds covered by this Agreement. The failure to comply with the requirements of a.c.G.A. ~36-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. . 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 afficial Code of Georgia Annotated. 9. No Agency 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 perforn1ing any and all obligations under this Agreement. 10. Termination. The Department may ternlinate this Agreement. with or without cause. upon five business days written notice to the Recipient. If at the time of tennination. any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. I' ':f Grant No. 03-C-L-29 Page 3 of 5 11. Satisfaction. In the event the Department detennines, in its sole discretion, that the Recipient: (i) has failed to comply with the terrns of this Agreement in a timely manner; (ii) 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, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. 1. Sec. II, Par. VII. (b). The "SectaIian Aid" clause prohibits the perforrnance of a public function through a contract for services by a religious organization. Bennett v. City oj LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The AmeIican Heritage Dictionary Second College Edition 1044 (l982). 'The terrn 'church' is one of very comprehensive signification. and imports an organization for religious'purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar . meaning related to "organization." but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiIies as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement 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. [Executions on following page] .. ;. Grant No. 03-C-L-29 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS By: ~i~& BY:~~ ~~~ Laura J. Meadows. co~oner Federal Employers ID Number: 5 8' ~.:J-O~..:J 7 Y Attachments: Exhibit A. "Scope of Services" s; Grant No. 03-C-L-29 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County to contract for services with CSRA Transitional Center, Inc. for programs to combat juvenile delinquency in Augusta-Richmond County. . If the preceding statement of purpose designates a pnvate program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate. suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 GrantNo.03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L.::J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ~C).;J(~ Laura J. Meadows Commissioner uMlja Enclosures Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 Services CSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 Africanl American' Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, Office of the Mayor Bob Young, Mayor Room 806, Munidpal Buildjng 530 Greene Street, Augustar GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329. Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA TION .. . GRANT NO. . . AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. . 03-CL-15 $50,000 ARC Animal Control 03-CL-2Q $15,000 Augusta Ballet 03-CL-887 $25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food. 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum. Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 . Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 ',' Shiloh Comm. Ctr. 03-CL-23 $5,000 I Richmond Academy 03-CL-893 $25,000 I Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 Page 001 OF 001' Vendor No: 0.0.0.00. 13727 Vendor Name:. AUGUSTA/R ICHMOND C.OUNTY STATE OF GEORGIA . DEPARTMENT' OF COMMUN ITY' AFF.AIRS, ATLANTA, GA Check No: ' '. Check Date:: . Check Total: INVOICE NUMBER C3-C-L-13 C3-C-L-14, C3-C-L-15, C3-C-L-16' C3-C-L-17' C3-C-L-18 C3-C-L-18.7' . 03-C-L-1 9: C3-C-L-2C C3-C-L-21 C3-C-L-22 C3-C-L-23 C3-C-L-24, C3-C-L-25 C3-C-L-26: . C3-C-L-27 C3-C-L-29 C3-C-L-3a C3-C-L-31 03-C-L-886 C3-C-L-887' C3-C.-L-S88'. C3-C-L-89C C3-C-L-891' . C3-C-L-892.' C3-C-L-893: 'C3-C-L-894, C3.-C-L-895' C3-C-L-896:- 03-C-L-897" C3-C-L-898.. .C3-C-L-899' INVOICE DATE 0.8/13/20.02' 0.8/13/20.02 0.8/13/20.0.2' 0.8/13/20.02, 08/13/2002' 08/13/20.02' 0.8/13/20.0.2. 0.8/13/20.0.2' 0.8/13/20.0.2 0.8/13/20.0.2.' 08/13/20.02 0.8/13/20.0.2' 0.8/13/20.0.2: 0.8/13/20.02' 0.8/13/2002' 0.8/13/20.02, 0.8/13/2002' 0.8/13/2.0.0.2' 0.8/13/20.0.2- 0.8/13/20.0.2:' 0.8/13/20.0.2' 0.8/13/20.0.2' 0.8/13/20.0.2' 0.8/13/20.0.2.. 0.8/13/2002 0.8/13/20.02- 0.8/13/20.0.2 . 0.8/13/20.0.2, 0.8/13/20.0.2 0.8/ 13120C2~ 0.8/13/200.2" 08/13/20.0.2.' sANK 110.0-10.0.0. GROSS AMOUNT 50. , 0.0.0. , Co.' . 25,000. . Co.. 50.,0.00..0.0. 35,0.0.0.. Co.' 26,00.0..00 15, 0.0.0.00.' 10.,0.0.0..0.0 10,00.0..0.0. 16,0.0.0..0.0. 10.,0.0.0..0.0. 10.,0.0.0..00., . 5,000..0.0. 10.,0.0.0..0.0.' 5,000..0.0. 6,0.0.0..0.0 5,00.0. Co. ' 10. ,0.0.0.00. 40.,0.0.0..00. .50,0.0.0..00. 15 000. 00: 25: 000.: CO . 26,0.0.0. . CO.' 30,0.00..0.0. 10.,0.0.0..0.0. 30,00.0. . CO.: 26,0.0.0..0.0. 15 0.0.0. 0.0.: 20.:0.0.0.:00. 15,0.0.0.. CO.,' 15,0.0.0.. CO.: 25,0.00..00 16,0.0.0..0.0. " " .1,,: '., 0.0.0041613:. 0.0.0.0.41614: 0.0.0.041616':. 0.0.0.0.41617" 0.0.0.04161 Q', 000.041621" ' 0.0.0.0.4160.1 0.0.0.0.41624:- 0.0.0.0.41626, 0.0.0.0.41630.' 0.0.0.0.4.1632' 0.0.0.0.41635: 0.0.0.0.41836.: 0.0.0.0.41638; 0.0.0.0.41641 0.0.0041583' 0.0.0.0.41585; CCC04158T 0.0.0.0.41599' 00.00.41604:: 0.0.0.0.4160.6' OCCC416C9~ 0.0.0.0.41620.: 0.0.0.0.41623. 0.0.0.0.41627' CCC04163L' 0.00.0.41634\. 0.0.0.0.4163.7,',. 0.0.0.0.41640.;: 0.0.0.0.418440 0000.4184.7-' 0.0.0.0.41660.: ' ".,.; . "" . DISCOUNT . . TAKEN, ,1-' 0..0.0.: 0..0.0.' 0..0.0., 0..0.0.: 0..00 C. co.' 0..0.0. 0..0.0, 0..0.0.. 0..0.0.' O. co.: 0..0.0.' 0..0.0.'::' 0..0.0..:; .' 0..0.0.:,.... 0..0.0.:- ,', " 0..0.0, C.CCq 0. .0.0.','. 0...0.0." ...;'.;.... 0...0.0.: C. Co.;: . C.. CO.,. , ..: c.ccr.' .' 0.'.0.0.: .. " '. g: gg~<:. '.'. 0;00; .., ..", 0.'. cO.: 0...0.0.. . 0.0.0.: 0..0.0.': '" .. 4 <.... ;~,.-~' -,: .". "r.o'" . ," ',,:' ~. ' ..' ';', :'J: . ';1 .;:~.V:'.~._::.:;.;::. ... ~ . . .. ' ,', - .'" :,.' ,,'-- . .::.' :, . . ~:~lj'i~OE:GE0:~~4t~r~~'-~~i. o:EItA'R.~QE: COMMUN:rc~A.~A\I . ,.. r.'i(,ao.:,'EiX'J:ClJ!mVoE'.. P.'4RI(' SOUTHftN.,,'E::: ?f~57 'J,. ~, ~ 3C379i.r~~~' '., ,~:~02::~~~ "/.~ CN~6 :.,. . .,~:~~~ >[..!.~.~,.,~:'.... ;.~." . . 'f, .,.. ~';'l;.)2; .,:.:}t~F, .:~',\ '"';:',, ',! Fay totti.'Ord' .A'UIlUS,r:WRICHMONo.' CCUN;r,yc, " . ... ~~. ~~.9:; GRE;~NE, S.TRE~:!, .. "':, :.~. ~~n~~~~ .-,~~"' '. ~1f' Pay~y . SiID<t HUNDREO:, I' I FTY;7''!iHOUSAND ','~~~~~' ~.: , ;"~:iiP" ~:.).-, ,~"'"I/H~ '.' .~iL"J"')~'" .:Pi~:',j,:'i!.K "'-~t -t~~.>u . . . :~R~;~ii~: '-,",.: WACHOVIA B~jU1;' .;' :... '-..' ," ..~.~~..,~,..,.,", .?~t;: '::J~t "~ -;~~. ;:ttk~ .~f.> )?r'" III 0 0 0 0 0 58 :3 8 1.111 I: 0 b I. 0 0 0 0 I. 0 I: 0 7 0 * 7 l. b Sill .:., 0.0.000.58381 0.8/14/20.0.2. 'c;: $650.,000. CO.', q -:;~ ',., AMOUNT PAID 50.,00.0.0.0.' 25,0.0.0..0.0. 50. , CO.O . CO' 35 CO.O CO 25: 0.0.0.,: CO. 1S,OOC.CC. 10.,0.0.0..0.0.: .' , 10.,0.0.0..0.0. 1S,CCO.CO 10.,0.0.0..0.0.\ la, CO.O ..00.: 5, CO.o . CO.' 10.,0.0.0..0.0. 5,0.0.0..0.0. 5.,0.0.0.. co. 5,0.0.0.0.0- 10. 0.0.0.: co.: 40.: 0.0.0.: CO: . 60.',0.0.0.. co.: 15, 0.0.0.. CC~ 2E, 000. CQ..:. 25.,00.0.. co.: 30.,0.0.0..00.': 10:, coO. . CC~ 30.,0.0.0.. CO.'. 26,0.0.0... CO: 16,000.: 00.; 20.:,0.0.0.. CO 15,0.0.0.. CO.: 16,0.0.0.'. co.; 25,0.0.0..00.: 15" 0.0.0." CC~ I I . , . ~ Office of The Clerk of Commission Lena J. Benner, G1C Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 September 5, 2002 Honorable Ben Allen, Representative Augusta-Richmond Legislative Delegation 1124 Laney-Walker Blvd. Augusta, Georgia 309012837 Dear Representative Allen: As requested, enclosed are the following 2003 DCA Local Assistance Grant Awards: AGENCY AMOUNT Lucy C. Laney Museum $5,000 Good Hope Social Services $5,000 CSRA Transitional Center, Inc. $10,000 Augusta Neighborhood Improvement, Inc $5,000 Augusta African American Historic Comm. $10,000 Shiloh Comprehensive Center $5,000 If I can be of further assistance, please feel free to call me at 706-821-1820. Enclosures: AUGUSTA-RICHMOND COUNTY COMMISSION 083900 ,'." '.? ,'DESCRIPifION" , "",'P.O:NUMBERi' ":,INVOICENUMBER:" "'".........;}INVOICE'AMO UNTo',.},:" ..' .. .. ;:::::~8~:t: ':t:::': ", NEIAMOUNT' .... :-::;'.5:;:; '"',;.:,~:.:, LOCAL ASSISTANCE GRANT AWAR D 03CL29 10 , 000 00 0 00 10 , 000 00 - CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 083 900 08/30/02 10 , 000 00 0 00 10 , 000 00 illl,:"''1:Utllill~'h''m''lIl11t~llm=all:r:~'''It{I1~jJ~:IIII1:1:''Ut:(tt;1I1pW~~.,III1:t,~'1":WIl:l'l:.1=,;IIii1I:1~a~",.w',"~illlJ~":1:t:lll:lWI'I,i"''i~ifll_~n.~';I~:filHII.'''''':I'll''~l'.alliilH:_I':hTIIIH:''5i'l..:l:"'IIII~_~r~ r- ". ~. ,'J, ..I' . .. .~. ,Jl" ,. p .~I " ~I.. -' .. ",. t-f) i j.'j~~ ~I' < ,," ",,: ' ,101( ~ ",I~.',' ~."; ~!I'I' '~<r" . t, ,J' ". "1~ . -, . ','lot ~r",III~; 1",';01".. . ~I~":/ '" .11, 'Ill.: j',~': "~I,,:I" , ..... ",.' .~ . . .-. =::.. _ ~~ r'" ' \-:'- _ ~"'! . -' ~"';; .J .;' 'AUGUSTA~RICHMOND COUNTY .11, ..'" ':. ." .... ~ .,' ",' ..64'{)22 , , 610'; "'I , . COIYIMISS.!ON ~1'" './ en. . f R,?OM'105, A'CCOl:JNTlNq;DEPARiTMEN,T'l(~;';~;e" . >: 530 GREENE STR~ET ,,',' ( !",,;"I ,'",,~,:~ . .," ..AI:JGUSrA, GEORGIA,30911"I,I':r,.J'( 'lr,,!,~, ~~; "~:PH6.NE(7p6) 821-2334'";J';~,,\;~~. ,,{(A~: _: . ~; ~T:i~'-__?" ,_~,ll~. "...", ;,J~~~f~'Jt ~;~~ ,~~~i4~t'lK':bA;fEi~,~;.Wti%';;r.<'fci;:~'b . TNO'#.~:;O!4 ::',:"" (4',,,/ .~.!L 0,...' ....,~. . ..'" A;:;.. .1"", ".~.t~. ,f,I.I;!.J~,..,..""""", < .. : H,':'~:I',.Ii, II~,,";I,,\ '':'1I1~{'d..l ,;~'_:. ~-:-_'~_T :, l~ ,':.",-. ~ .~,_' -;:+ 1 ili~~~ !~il;'J0'8113 0 j:oz~.' ~ "0 8 3' 9,0 0>.; , ~: . ~~!~::'~l ~"::,~,~'~~:-:,~:,I;I ~I,!.r" .~~~~.~. . ,-. _~~ .$",~' ~ - ". ,:';~'I \ . ~,_:~~~:r~; ,'*,*,* * * * *,* * *.*'* * * *,* * * *. *-*,* *i*.* * * * *r*'* * *'=*,* *,"Ii:f*'* * * *"*1* * ,*'$,1 0 ,.... ~ , ., po I ~ I (/"'7; ""P," 'fi.:'lP:" 'j '~~~' ~I; \'./'Jl; )" :,.+ fl f'~~.. ..~, .~ ~-'-.t,:rt. .:~s~'~~j,r~..i~>-;jl,.'It;ll"I~l:'~\ ~'li~"~ \;jl\~II"""~~~IIII~,'\'41"~tlllr J,: ' ~~_----tu_ ~~--";',... ~',>1 ....;:"t -N"':' ;';~r" " 'Jac,,-: lr~ ~,~fl~ ;;v:.llP r-'~""...., ~ 1;/; ~I~WII~~ ~" , ~~. }" " ..,-'~' -.;, . "1',,~l ~~ ,'" ""~ (, I" , I ,'.. ,~...~.~'J ",.J',. ',,-.'c" ......~--=-.~ '"' t,1.\.........,~. "j'~": ,1' ....;...~! "Il,/,> ~,'" I ,_,,,..,~,,,!II.>ll"~ _~~. ", r<. u" ,,.. .~=-". - 'r.'f.! ,~_~., " '.;....:".!.t'" ..-' I,' ,~<l'T ~. ' .'. "', , r",,": ..r~ r.- ;t.:;r ~ I,..... . ,-c--"/"'1i'c,,~:'l." ~ -:;'.1 .',". ,.r:~,,~, ~. ;-'1c,:t ,ff,J{c_. ,",I" ,JI .iI'_1 :~~-., ,;,;;'~~:r.~~r-' ~i~ ,~~;~ ,t.: 'I,,~~ 1~~~.,<~'~';~~1 h'~r"I'I~1 '1'~~:'",.,,'" '.. , '" ~I r:: *"II"'~ 0'010ANDNOCENTS li' ,IJ 1,",.,:or"l1>, I ~;~ I' '" l;.(.t t" ,.....:~,. I!t~ II;~ ~~2~' j'~n~II' 1,,1/, '1~I,H~,~L~1- , T' .: I' ~ '" 10\" ~oIl" 111 t, ,~J~ "21 ~Ir' r'It,' .~- ~ V'l1" '- ~I;tl~~ r' }l;'~t!,1 llr-" I 'I ~ ,ll I ~,' .".~ ",. - i':: 1':" 'f. , , "~ 'I 'I~~l \". ... \ .,Jl~"'~I" it"""1 'k ..,.~ , . ,~"..;' VOID AI51jE~,90 DAi(~l t, , t' .. ~ '...., "-'-"- r1~tJ C,' " "~-"'7~ ,'n }')j /.,,5:.'-:;,;,...1' ~iii"j ,'"M'~I" I "ie' AV~;a' ~: O<b~,Z;;~:n1A'.:;h .-, l,"1 II" J>' ...) ':l '>-t, .....:.:.1 I I";" '. "'fJ,f. " .: 'ASSISl'ANT CbMPTRO~e:ER ' ," , : :~ . r ,--. < ~,;./ ~ 'I'~""'I . - .\; ( A ,~ ~ 0" f I. - <'':: ~r_~". I:~,~},(;J _,~,~t,;,tr~"./JJ,I.I.I:, j ,..'1,1':, _ . . c:"- FIRST-UNION NATIONALBANK"',~", AUGUSTA, GEORGIA PAY ;to THE ',ORDER .~ , ~.'OF ,:,', - -../ :1" . ~j~:' ,~'~~/~~t~j ....._.'-.. ,. ,~~"<''rf:.:)' ~:)~ ~ ,... '., . .~ - .~.. . .) 11'08 :)t~ooll' ':0 b ~ooo 2 271: 208000070 287 bill GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 GrantNo.03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY J..:J 60 Executi-c Park SoutL, N.E. . Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ;;;l C).;Jf~ Laura J. Meadows Commissioner uMija Enclosures () "3 -{ -L -d8' 6> . GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER July 1,2002 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $5,000 in Local Assistance funds for Augusta-Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds to contract for services with Good Hope Social Services Ministries for after-school enrichment and tutorial programs in Augusta-Richmond County. I must call your attention to two provisionS in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers I. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, cx'~-.-~. Laura J. Meadows Commissioner LJM/ja Enclosure cc: Richmond County Legislative Delegation - EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper ; - '. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR August 20, 2002 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Allegood: Enclosed is a check in the amount of $5,000 as payment for Local Assistance Grant #03-C-L-28 to Augusta-Richmond County. Also enclosed is a copy of the executed contract for your files. Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these rep0l1ing requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. Sincerely, ~Q4~ Laura J. Meadows Commissioner UM/ja Enclosures EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E.. Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper 'Page 001 OF 001 Vendor No: 0000013727 Vendor Name: AUGUS T A/R ICHMOND COUNTY INVOICE NUMBER INVOICE DATE 08/14/2002 03-C-L-28 , -' - ~' . . ," - ' ; P,;'~ >~ ,:- ,:,08/1612002' : Check bate STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS ATLANTA, GA BANK 1100-1000 GROSS' AMOUNT 5,000.00 000041677 ,/ ~ .,... ~.I',.,.~ ..__.+ - >_.'. ',' STATE OF:GEORGIA :,: DEPARTMENT OF COMMUNITY' AFFAIRS;': . 60..EXECUTIVE' PARK SOUTH N.. E.. ' ' ATLANTA, GA 30329-2231 ,,' " 6' S"'l. No _' ..... . ._ 'to' _,,' '~. , ,Pay to tho Orde. of" 'AUGUSTA/RICHMOND COUNTY' . , , " " " d 530', GREENE STREE.T ,,-', ;.';' /:<::"<',>,:, , ',- , ,: ' '~,'J. ;,'::;:~ ~,>:' ;>;,~ : Pay Exactly 'i=i~,E THOUSANDA'ND 0011 00 "S:i:~******~****~.,**~,!,.,**~;;~*,*~*~***, ' , . ~,; "",~',:'~" WACHOV IA BANK' ..:..,: 'I['e '::'":" ,- ~"I.'" -_:.... . ,'. ,':' 1110000058.... '1 2111 Check No: Check Date: Check Total: DISCOUNT TAKEN 0.00 0000058492 08/16/2002 $5,000.00 AMOUNT PAID 5,000.00 .'-6~t~ 1,/610 ~ i " , 0000058:492 Check No Venda. No: 0000013727 1"_. .?~&'~ , ~' ; " " . ...~ )..'0;:..... , ',~. 1_~..r ....; _ .,' .'.';' '..~, It ' . ':",' __ _ ~_ . J -" ~ . , r.'_:>'.~ ...-..'';''.t ."'; _,.,:;..;,:~. ,'";,;:.::'":,,', ,: _ $6,000.00 Void allllr, 50 claya .!: . " ( I I '1 ,I ;J I 'I 1j ., " " " 'j 'I -:) ]! ':0 I; .0000 .0.: O? o. ? ....1; Sill ""l.. ';' .' '. ..-.=_ ','.w::,':;", Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 August 9, 2002 Fiscal Year 2003 Georgia Local Assistance Grant Recipient: ORGANIZATION Good Hope Social Services I I GRANT AWARD $5,000 I I Enclosed are two copies of a contract between Augusta, Georgia and your agency regarding your Fiscal Year 2003 Georgia Department of Community Affairs Local Assistance Grant Award, which was awarded to you through the efforts of the Augusta- Richmond County Legislative Delegation. Please execute both copies of the contract along with the audit statement and return promptly to my attention. The city requires the execution of both documents before the release of any funds. - Should you have any questions or need any additional information, please feel free to call me at 706-821-1820. Very truly yours, dmijd~ Lena J. Bonner, Clerk of Commission Enclosures: AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY ATTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDy CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RlCHMOND.GA.us GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: GOOD HOPE SOCIAL SERVICES From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Mfairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this -Ii- day of June, 2002, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and GOOD HOPE SOCIAL SERVICES hereinafter referred to as the "ORGANIZATION"); WI T NE S SE TH: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUSTA a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of$5,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perform the following services, which AUGUSTA has determined renders a substantial benefit to its citizens, to wit: To provide programs for the disadvantaged, thereby promoting public health and safety, including providing after school programs. AUGUSTA has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 ~ Police and fire protection; r / Garbage and solid waste collection and disposal; Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purification, and distribution of water; r Public housing; r Public transportation; r Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUST A has agreed to provide the State with any information, documents and/or photographs that AUGUSTA, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or [mancial statement of AUGUSTA and any future audits or [mancial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUST A documentation of Fund use or a copy of audited financial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved fmdings of AUGUST A concerning expenditure of the Funds, whether based on an audit report, financial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such fmdings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUST A, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUST A, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. 9 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZA nON acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. 9 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under 9 501(c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article I, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City afLaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as defined above. 10. AUGUSTA may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of termination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be determined the Grant from the State to AUGUST A is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUSTA any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZA nON arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: GOOD HOPE SOCIAL SERVICES IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. GOOD HOPE SOCIAL SERVICES ORGA~ BY:~ As' . ATIEST: Title: q)y Sworn to and subscribed befor this. day of ,2002. !tj~ary .,~ubli~l Ric~mo~d CoUt'liy, G@Cirgi~ _. 'J CommISSIon Exprr~s-lIt1arch 2006, . 5 Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis CC: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1. Attached is Copy State Grant Documentation for ~C-L-~ State Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices. please provide a point of contact below with a telephone number that he/she may be reached. Name G;#n Telephone N;7D~- Jdd' \"<is>~ 0(1. esl . Page 1 ..... i; Grant No. 03-C-L-28 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1 st day of July, 2002. 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") . WHEREAS. the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS. 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 WHEREAS. the Department is authorized by the provisions of a.c.G.A. ~50-8-8 to grant and administer public funds 'in furtherance of the public purposes specified therein; and WHEREAS. 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 forU1 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 Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts, an amount not to exceed $5,000 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 returned to the Department, no lateI' 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: $5,000 Within twenty days of the Department's receipt of the executed Agreement. $5.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. ~~ v Grant No. 03-C-L-28 Page 2 of 5 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. a.c.G.A. 845-10-20 through 845-10-28 and a.c.G.A. 836-67A-1 through !336-67A-6 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 Binding Act. The Recipient certifies that it is duly organized. validly existing 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. 7a. Monitoring 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 furtber grants or other funds from the Department, until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of a.c.G.A. 836-81-8.1 with respect to the completion ~nd submission to the State Auditor of a"State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of a.c.G.A. 836-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 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 Agencv 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 perfomling 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 tennination. any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by tlle Department. r". '" Grant No. 03-C-L-28 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) 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, ordinance or regulation, the Recipient shall be .required to return to the Department all funds disbursed under this Agreement. upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect. cult, or religious denomination or of any sectarian institution." Ga. Const:, Art. I. Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City oj LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433. or, as the dictionary puts it. belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement. it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otheIWise, 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. [Executions on following page] .' ...' (/ Grant No. 03-C-L-28 Page 4 of 5 IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS By: ~1~atf BY~ v1~ Laura J. Meadows, CoJ1(~er Federal Employers ID Number: 5g-- d~ ~ t/.,J ?tf Attachments: Exhibit A, "Scope of Services" : ... .~'J Grant No. 03-C-L-28 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County to contract for services with Good Hope Social Services Ministries for after-school enrichment and tutorial programs in Augusta- Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. · To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society.s papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. '. Office of the Mayor Bob Young, Mayor Room 806, Munidpal Buildjng 530 Greene Street, Augustar GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329. Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA TION .. . GRANT NO. AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. 03-CL-15 $50,000 ARC Animal Control 03-CL-20 $15,000 Augusta Ballet 03-CL-887 $25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 . Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond Acaderny 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-C L -28 $5,000 Services CSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 African/American Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, Office of The Clerk of Commission Lena J. Benner, 01C Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 September 5, 2002 Honorable Ben Allen, Representative Augusta-Richmond Legislative Delegation 1124 Laney-Walker Blvd. Augusta, Georgia 309012837 Dear Representative Allen: As requested, enclosed are the following 2003 DCA Local Assistance Grant Awards: AGENCY AMOUNT Lucy C. Laney Museum $5,000 Good Hope Social Services $5,000 CSRA Transitional Center, Inc. $10,000 AUQusta NeiQhborhood Improvement, Inc $5,000 Augusta African American Historic Comm. $10,000 Shiloh Comprehensive Center $5,000 If I can be of further assistance, please feel free to call me at 706-821-1820. Enclosures: AUGUSTA-RICHMONO'COONTY COMMISSION 083997 .:, .. .<..'DESCRIP;rION" ..~ .' '.,'. "',,'i.' .., ,. .'.<- ~~~.~ .V' P,OFNlIIlD.BER? ::,INVOICE.NUMBER .. ,0 ",.'ANVOICE:AMO liNT:',',;: ,'.:, \~ ~'::1;::::::::'.:,:~;~n~f::~: :,:'K"\<';''":'' ""NEFAMOUN"\.' .' GRANT 0 3 CL2 8 5 , 0 0 0 0 0 0 0 0 5 , 0 0 0 0 0 CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 0 8 3 9 9 7 0 8 / 3 0 / 02 5 , 0 0 0 0 0 0 0 0 5 , 0 0 0 . 0 0 :UI:"''1::l"II:'I~'''I:n..'''llIIMthfll:l~I.:N.'''''I.U1:6'.:II:lIlI);I:''Ht:tttal~llw.nllml~'i":lH.:Ii'~~:.,~Ia:m.."".wl'I:I:tMll:l:t:lII:lWII1:"'1::t\fjl:l~I.'l:l:tl."~lt.h.'I:I~"tt~l'I::llIlI":I:h'iIU""."~1:m'1I11H "_1' ',I ," !:. "I: .:....( ,~"~},, ' L ."-'"~~t ,. ,r<II'i:',,:,\i"II.II#11~"",:~~,~ "HI:t~lll~",It>I'''' ~",~,":".,u.'fI' """I'~:',,jI~I<",!jl-:. ":.J"~I~II";n':jli.'~I'P(~.",," I -! "'. . :--!~]_;:.-- 'AUGUSTA-RICHMOND COUNTY . . .~,::~4 ,~.oMMlsSlqN'iit ,,,J"~"'->:,,, , .~.?O~,1 !l5;;A:CCOUNTlNG'OEPA~T~E~T~I,01~~I~" " " ;"" 53,O.GR~Nc stR~ET ~.:,,,,~I/,.,i . ,t }I,,~ "~IJG,uS.TA,;<?e,oRG\Jli ~~n" I',;I/l;~~'~) , ,,~P~ON~J7061821-2334!1 .. """!',,';~~r~ '_...~I .t~':-c.:~-:'~ p ~ "q "" '!il"/ _,1 '~':,,4:;. ~ ki:, ~\ ;'1 If '," (~ I', ,~ " \ ," "'I .I . ::..\ I .., "* * * * * * ***'*,*.* * * *~'*_* **'* *3i*,,* * * ~,* if * ~;.*t*~* **<*'~f*'*'*"~~*j'k',* * $'5 I O;O~O.AN:BNOGEmS ~I',_:.,' t'~L"};~Ii< ~'\' -., '~~I' ':.~ r;~-(.""r~--_;Y~ f"":~"_: r_if;-~-,,;~..~rJ)~J, ~i,':I~t~';l'1f'~('~ ;t(f',1,,>f'.~.,.\14 _J.~j~"',II \\IUII;,I~" 'IJ.' I~ j' ~ r......./ ,.t;;I"'I" ,r;...~\ ':"/.. ~ >l'I.~I'~' "~,t \ .~~ ",,' ~:rrr -~~~ "rdT.,.. ~"' 'till '''fll'''II~I,~ ~r '~r;rr" '~U:J I 1'~ "1' ~~~~ ..1"1~'~ ~'" ;,,:f:~ -,4 ,.~_t--I .I'\.~~ "',?,,3'J:.oo-!"'_\"" :"~"J'l''f-. ~llllIt :t"Jr'l rll;;Jj' .Vr"U\ ll,T-I'I'l " l~,14 ~,,,,I} r~~1;I'l!(~I,"'J:~I~lr .~';JU" , ""-' I"< ~. t Jj 1 ~~ ~ 1', ..- . if.., f' ~ ~ 't. \ "I (" , S" I ... . I <lJ' ,.." ,Iii; I 'tlI tl" .r'~rt) 10' Z J' ".jil< \ c'- ~ p..A-f' '_':It: -.ITs! ~~.I ~--l" .~ 0' > ~~~ I:; .:r,;...f r '~~~ I'- .11"0 ~f1 jJ.>!JIi" ~.... '"~ 'P" "/ ""1~ .,"i}l f ~ 'i )~#'j- '11iD,~'J ~... ,tI ~ _ ~~r/ .I-1;? j. I j=r <-r;'-~ ~/\-r'>(~ ,,~.._ . . '.t,:."..1..~, 'r.,:t..~I.r(~ ,) f ~'~1 A I, ,~)". '. " i~ 11 "1<:' 'r \~/,) t...... jtl-~~ v~. ~r', ~ ,~l ~~~'. '(,/'" ~,"e'/..,' ",;..'.' ..j.l.ii-~'."" ..,\"';:';:~."" ,,,,"'"',,.~" 1"11"'.)' ~)I~"rc'c: ',:~IVOIDAEI'ER'90DA:Y;S; t,p'th?' , I :- ,~ '.~-4'"'' ~""""..'~ ~"~'. ~ >~~t;..";' .,...... /... _I......' ,--~, ",J . T04194 I :, 'GOOD HOPE is,0C:c-.~.\];lfFISERlifI'\C2ESh 1::,... ..r~cJ '.f _' ',~,~ ':" ,T, c' '-"" "I" ]". "'i'"" <~~','I',:;l")"--'~.'I,I:II'~ , 71 Q. E CEDAR, S'TREETei;"":,, :i.'~" ".';1',,;'! .;: f'~':""_'.'f,~,~,\.,'_'~.,.,:-.""_.,,'r'_~,,,',-,:::.;r 'AUGUSTA'II'GA 3bi90~:it<1;;i ,;~t,I"),,.,;,~,..,~,:,", >" ~. c': ;<{/ \;:.t;f;)~:' ;'>~~ \'~:~i~;I;;lf~' "_. V;J:-7':;""::'S~' (.',,i'R 'i~~'.H(,~',~~:~:.,.j';~'"'\ ,r.1!i~~ " ~3i; )/' ::m~a; )~~. #~~;*'\;;~;" . ,.;'....,.~. 'l':ss,~;ANT ~R~~TRqLL~R' :",~J' (;9"""~' "r;~? :,';,1 ,. ":~:','I~' . 'c>~'( .~'",:.~.f~ t:~~~~:.{~> ., FIRST'l:JNION NATIONAL BANK "",<~", AUGUSTA, GEORGIA F!AY ~ Td~T'HE,' ORDER\ OF, ," . : .~ -' :::~:.~: 1110 B :1 g g 7 III I: 0 b 1. 0 0 0 2 2 7 I: 2 0 BODO 0 7 0 2 B 7 b III 0.3 ~[-L -jg' G) GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER July 1,2002 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $15,000 in Local Assistance funds for Augusta-Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds for exhibition improvements and expansion of education programs at the Augusta Museum of History. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers I. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, cx'~-.-~. Laura J. Meadows Commissioner LJM/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opponunity Employer * Recycled Paper STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this /;fi day of June, 2002, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County CoI111llission, (hereinafter referred to as "AUGUSTA"); and AUGUST A MUSEUM OF mSTORY hereinafter referred to as the "ORGANIZATION"); WITNESSETH: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUSTA a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUST A and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of$15,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution ofthis Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perform the following services, which AUGUST A has determined renders a substantial benefit to its citizens, to wit: To provide archives and arts and science programs and increase the programs and services. AUGUSTA has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 r Police and fire protection; r Garbage and solid waste collection and disposal; r Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purification, and distribution of water; r Public housing; r / Public transportation; Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUST A has agreed to provide the State with any information, documents and/or photographs that AUGUST A, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or financial statement of AUGUST A and any future audits or financial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUSTA documentation of Fund use or a copy of audited fmancial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved findings of AUGUSTA concerning expenditure of the Funds, whether based on an audit report, [mancial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such findings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUST A has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even ifsuch claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. S 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. S 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under S 501(c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution," This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of LaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattem of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUST A has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as defmed above. 10. AUGUSTA may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of tennination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be determined the Grant from the State to AUGUSTA is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUSTA any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court ofRiclunond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: AUGUSTA MUSEUM OF HISTORY ~~~ t<pttrfJLtJ s ST 6;1 ~ TA-:, ~4 '31)901 IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. AUGUSTA MUSEUM OF HISTORY :;GA~ As its E1lL.c..ViJ 1/ t J)'~~ ATTEST: ~ )?( ~~ Title: ~~ ~~ fY Sworn to and subscribed bxfore me this .!..:1:.- day of (tU~-US+ ,~2.. ./ ~Cu;r1LLLu1.Jl ~ Notary Public My COnmllssion Expires: I ~mo OFFICIAL SEAL i ffM..t 'f;) Notary Public, Georgia I 0~J!1 . '1 Columbia County I ~/ JAQUELlNE T. JONES M CO;T;mission Ex ires Au US! 2, 2005 5 Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 August 9, 2002 Fiscal Year 2003 Georgia Local Assistance Grant Recipient: ORGANIZATION Au usta Museum GRANT AWARD $15,000 Enclosed are two copies of a contract between Augusta, Georgia and your agency regarding your Fiscal Year 2003 Georgia Department of Community Affairs Local Assistance Grant Award, which was awarded to you through the efforts of the Augusta- Richmond County Legislative Delegation. Please execute both copies of the contract along with the audit statement and return promptly to my attention. The city requires the execution of both documents before the release of any funds. Should you have any questions or need any additional information, please feel free to call me at 706-821-1820. Enclosures: AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY ATTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, '" STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box 2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.R1CHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: AUGUSTA MUSEUM OF mSTORY From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis cc: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1. Attached is Copy State Grant Documentation for o3-C-L- J g State Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. Name E/(, CA )' t.A (,/..A1/€".5 Telephone NI 76~) 722- B'frt (Please print} ::::e ::clt::~ . Page 1 - tl, .:..? Grant No. 03-C-L-18 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1st day of July. 2002. 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"). WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of a.c.G.A. 850-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 Proiect. 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 returned 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 twenty days of the Department's receipt of the executed Agreement. $15.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. .... "'" Grant No. 03-C-L-18 Page 2 of 5 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 945-10-28 and a.c.G.A. 936-67 A-I through 936-67 A-6 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 Binding Act. The Recipient certifies that it is duly organized. validly existing 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 a. Monitoring 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 the Department, until such findings are resolved . to the satisfaction of the Department. 7 b. Grant Certification Form. The' Recipient agrees to comply with the terms and conditions of O.C.G.A. 936-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of O.C.G.A. 936-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 8. Open Meetinl!s. 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 Agency 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. TIle 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 tern1inate 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. .. ., Grant No. 03-C-L-18 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) 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, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult. or religious denomination or of any sectarian institution." Ga. Const., Art. I, Sec. II, Par. V1I. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City oj LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). 111is is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes. for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do S0. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement constitutes the entire agreement among and between the parties. 111ere are no representations, oral or otherwise, otl1er 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. [Executions on following page] .... i<' Grant No. 03-C-L-18 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT By: Federal Employers ID Number: 5 8'-- dodO Lj ~ 7 r FOR THE DEPARfMENT OF COMMUNITI AFFAIRS tf ~~ By: ~er Attachments: Exhibit A, "Scope of Services" '. jIW' Grant No. 03-C-L-18 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County for exhibition improvements and expansion of education programs at the Augusta Museum of History. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance.' GEORGIA DEPARTlVIENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room SO 1 Augusta, Georgia 30911 Dear Mayor Young: August 20,2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following . Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-lS Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-1S7 Grant No. 03-C-L-S86 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-S91 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-S94 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L.:.J 60 Executive Park South, N.R. . Atlanta, Georgia 30329-223J . (404) 679-4940 www.dca.state.ga.us An Equal Opponunity Employer @ Recycled P{'per Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ~CJ.;J(~ Laura J. Meadows Commissioner uMIja Enclosures Office of the Mayor Bob Young, Mayor Room 806, Municipal Buildjng 530 Greene Street, Augustar GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329 Deaf Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA TION "" GRANT NO. AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. . 03-CL-15 $50,000 ARC Animal Control 03-CL-20 $15,000 Augusta Ballet 03-CL-887 $25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 " Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond Academy 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 Services CSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 African/American. Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, Page 001 OF' 001 Vendor No: 0000013727 Vendor Name:. AUGUSTA/R ICHMONO C.OUNTY STATE OF GEORGIA . DEPARTMENT OF COMMUN ITY AFFAIRS; . ATLANTA, GA 0000058381 .' 08/14/2002 $650,000.00 . ::: .' '\~ ":-j BANK. 110'0'-10'00 INVOICE INVOICE GROSS NUMBER DATE AMOUNT a3-C-L-13 C8/13/20C2~' COCC41613~ 50,00'0.00' a3-C-L-14 08/13/20'0'2 00'0'041614: 25,00'0. CO" a3-C-L-15. 0'8/13/20'0'2' 0'00'0'4 161 6~ 50',0'0'0' . 0'0'. a3-C-L-16' 0'8/13/200'2, 0'0'00'41817 36,0'0'0'.0'0 a3-C-L-17 08/13/20'0'2, 0'0'00'41819' 25,0'0'0'.0'0 a3-C-L-18 08/13/20'02 00'0041821 15,0'0'0.0'0' 03-C-L-18.7' 08/13/20'0'2 00'0'0'4180'1 10',0'0'0'.0'0' .03-C-L-19: 0'8/13/20'0'2 00'0'0'41624; 10',0'00.0'0' a3-C-L-20 08/13/200'2 acca41826~, . 15,0'0'0'.00' a3-C-L-21 0'8/13/20'0'2' 0'0'00'41630" 10',0'0'0.00' a3-C-L-22 0'8/13/20'0'2. 0'0'0'041632. 10' , 0'00 . 00. a3-C-L-23 08/13/20'0'2' 00'0'0'41636, 5',0'0'0'.0'0' a3-C-L-24. . 0'8/13/20'02: 00'0'0'41838. 10',0'0'0'.0'0" a3-C-L-26 08/13/200'2, 00'00'41838; 5,00'0'.0'0" C3-C-L-26' 08/13/20'0'2 0'0'0'0'41641' 5,00'0'. CO'. C3-C-L-27 C8/13/2CO~ 00'0'0'41583' 5,00'0'.0'0 03-C-L-29 08/13/20'0'2' 00'0'0'41685; 10' ,0'0'0' . CO C3-C-L-30 08/13/200'2, 0'0'0'0'41587: 40',0'0'0'.0'0' 03-C-L-31 0'8/13/20'0'2, 0'0'0'0'415991 . 50', 0'0'0'.. OC~ 03-C-L-886: 08/13/20'0'2:' 0'0'0'0'4160'4: 16,0'0'0'. CO'.' C3-C-L- 887' 0'8/13/20'0'2' 0'0'0'0'4160'6' -. 26,0'0'0'.00': . Oa-c- L -118 8i.' 0'8/13/20'0'2' 0'0'0'0'4160'9' 25 , 0'0'0' . CO''' 03-C-L-89C' 08/13/20'0'2:. 00'0'0'41620'; 30' , 0'0'0' . 00. C3-C-L-891, 08/13/20'0'2. 0'00'0'41623: 10',00'0.00 03-C-L-892. 0'8/13/20'02 00'0'0'41627 30, COO. CO' C3-C-L-893. 08/13/200'2 OC004163h:. 25,00'0.00: . . a3-C-L-894. 0'8/13/2002 . 000041634t ,.' 15',0'0'0.0'0" 03.-C-L-896' 0'8/13/2002, 0'0'0'041637:" 20,0'0'0.0'0' C3-C-L-896i 08/13/200'2 0'0'0041640: . :." 15,0'00'.0'0'" . 03-C-L-897: 0'8/13/20'0'2: 0'0'0041644; ... , 15,00'0.0'0', 03-C-L-898: 0'8/13/2002' CCC04184.7~, 25,0'00'.0'0 C3-C-L-899~ 0'8/13/20'0'2." 00'00'41650:. . 15,0'0'0.0'0 lit ..: . $:<iL ~'. , '., I <~.~;~ '!;'^ Cof......1.T.~. _ . asY14)2i)'C2~.:4~'q . ..... 'CIleckOalll'" ";. ' .~~ to;~ OnM~lfaUSIT.tR I CH~ri~it;- COUN~~' ,IF . ;t$..f 5'30': GREENE. STREET' 1 . . ~9~J,~~ ':.::' . ~~fl '7:'. ' . Pay.ExacUy ~~~H~NORED~ F I FTY"';'\!l:fOUSANO 'A'ND; cO' .'it<~# .)' .::,,,,;-' ....,.W'... .~,*W;il; . ~"'~~~:-'l~~ "lp .- . .::~~t0:j~f . ''':: WACHOV IA ettNk,/t> .... ~""; \-.'.,'. ...,;;:;;r,.....~~'..., 7-',~\ f~:.; ':~ ....~~ "~~~~~'~r,':- .," .. Check No: '.' Check Date:: . Check Total: "\'. ," <' . DISCOUNT TAKEN AMOUNT PAID 50' , 000. CO. 25,000.00' 50',0'00.00' 35,000'. CO' 25,0'0'0'.00' 16,000'.0'0' 10',0'00.00. . 10,0'0'0'. CO. 15,0'0'0.0'0' 10,0'0'0.0'0': '10', COO .0'0: 5, CO'O . CO': 10,0'00.00 5,00'0'.0'0' 5.,0'0'0' . 00 5 000' 00" 10: 0'0'0': CO'; 40, COO' . 00' 50',0'0'0'. CO" 15',0'0'0'.. CO'. 2!: , OCO. C'C~ - ' 25', COO'. 00: 30; COO . 00" 10:,000.00' 30 COO' 00" 25: 000:: 00: 15., 0'00.00: 20",00'0. CO" 15,0'0'0'. CO: 16,000'. CO': 26,0'0'0.00: 16',000..00" ":". 0.00', 0' .00. 0.00 0.00. 0.00 0.00' 0.00' . 0'.0'0': 0.00: 0.0'0" 0'.0'0: 0.0'0': 0'.0'0' 0.00::,:: . 0' 00':,.... 0: 0'0::.,""- 0.0'0', ' 0'..0'0'..: .,_: 0.0'0:, C. all 0..0'0': 0'.0'0:: . 0'.0'0. 0'.0'0:' . 0:. CO:. '. .0'..0'0';.',,' . . a'. oa~.'. 0'.0'0': ' 0".00: 0.0'0' . 0.00: 0',0'0"; '-,; :1..... . . . . ,r~ ~.~t.. I,:: :.. .... ,., :('." . ;\b.__, ~I ']1' {M Jl '~l '.~i ......11 J~I $850' ,000. CO ;~i .:~\ j! . .,1' . "~il .~; .n: 'OJ! .t!~? "'~"~ . Voril:afbu:,1lO daye . . .. '.~ -:';~;}rt. ';~J"'til 5e~, :;.~ t~; 11100000 58 ~B 1.111 1:0 b 1.0000 1.01: 07 0 I. 7 ... b Sill . .~ 1 l 1 ~ J Office of The Clerk of Commiss~on Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 September 5, 2002 Honorable Jack Connell, Chairman Augusta-Richmond Legislative Delegation 328 10th Street Augusta, Georgia 30901 Dear Mr. Chairman: As requested in your memorandum dated July15, 2002, enclosed are the following 2003 DCA Local Assistance Grant Awards: AMOUNT $25,000 $35,000 $15,000 If I can be of further assistance, please feel free to call me at 706-821-1820. vell);IY your ~ onner Clerk of Commission Enclosures: AUGUSTA-RICHMOND COUNTY COMMISSION 083794 .".' '" ....:, ,',~ .,.,,{:;: DESCRIPTIO W.' '_'_-,'- -.'C,' ".... X' P.O"NUMBER'.:; 'INVOICE. NUMBER'. ':nNVOICE'AMO UNT)"J::tj '~~;:;:~::$'i~:::::~::::::~i~~:~:~~:::::::~':~ :~ >:.- ~:':;;., ::',':""',NErAMOUNTi"',," .;......;. '...... ~. . :::' ::;~~~;:~.:.--t.:.\: :~~::::~;:i;:: ( s l.JOCAL ASSISTANCE GRANT AWARD 03CL18 15 , 000 00 0 00 15 , 000 . 00 u - CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 083794 08 /3 0/02 15 , 000 00 0 00 15 , 000 00 ,. II , , I' "11 'I I I' ~I'~ J:"~U~3111Iy JIll" JI'.!",,~L' , '.Ji,lill~~-.r:II_:II~\' II' I' , , I 1'~1~:,~1', ' .,iI~''...r.~~.''~I~I;.... . 'I";";:.:' ". , -':"'.1-.:'" ...t'J'~' Y,,~. ~. .0:1'';: ~ ~ r;~''', " "'.' II', , 1,11 i' III~ "\11 ";, , "I ~~(, ~ll I'" ,f'. . ~;,~ l,i~II'i o/-"',\~ "W' . "."'>>:UG051'A:';R'ICHMOf\J:D COUN,TY "-_, CP_MMISSION4\i,;I~ '~"j' ' .-" ~ >-; ROO~M..1 OS:'~ACCOWNTING,PDEPA~~:J\1ENr>.:'~"~ >.' '" , .' . 530'GREENE STREEP""'itf / :~{ , ~!,\;JGlJ~TA~.G~RGIA,?q~'1~~P:,:(;;,~!,t~1 ~:"~:'PRONe(706)' 821-2334;!.1;' W:.l','I,1" .(, ~~~ . ~~=~'.~ ~,'~;"<~~.' '~~'::L'~(~lj~~~~ .'-i..'__" ,~;.;,~-., ;'~ 'j ./.4 ,):'i" . .' . .",' ", ,," 'II' ' . ," '. ** *,* * * *,*,* *,~* **,*",!,~* ,* *r*i**'+i* *,1<** *~,,::,* *~'''''* *c!~(1<.';*"~ **1~,*:~,*:$,r5 , ~,~(;"\?~Jl fl.~~ ~ r~J} )It~\f,~~;;'~~i8;i ~,::~,~i , ' . 0'0 0ANDN0<2EN,m.::S ~!l' f^T::l"'~':~:<-' ,I' I' . ( . ' ," 'e ., "",1 ~" J:'j;~'"' , ... ~ \ I' r ~~)',:;..r , Jf!';;1 ~ ,t~: lit!' \il' ~I,,,-I,,, IIjl. J1lr"j." ;,.>'.:/ ~~.A ;,' r1 tl;:. \ <" ,~~. ~.l,lIi\. ~ .. <1, 1,1 r, ~!" ~.." ,1 ,:J~tj'~ '" ,>'VOID'~J;J'EJ~.90DAYS.J W..1.\l '.1. t"- I ',~ PAY TO THE: 'oRDER;' ~ OF' . " 75574 "AUGUSTAc 1,MUS'ETTM ,( ~:' C,:' I:f';'l "!!'""':;'1" . :-.,., c,_~ . l,/,r'i.'r. ' ,j'}', ..;p U,l;~)..~!~n,~'~:f,.'. f,"'~'~" IIJ!:,i}:, Jf'1~:~ .5 60'~ REYNOLDS ~S.TREET;>\I",(. ";'!,..\ '1-":~~ - - . _ .' ", -",' ... );' '~ '~ ,;'~: 1 ~...;-liil r.J;.A:'! '~-.,' '1 <AUGUSTA -,G:A 3b;90.:t~'.! r:1~~, '.\.,;;~i ).,,:/\)", t c:~:<~":' ' \.>r::~ ,<':,~_~:::;,,:t;~,:t S~(~1,r, flfi:::j;V .};~ ,~ . ~1r~:.,~ '. '~: ,:",.;?,;.f . :'"'1- I-J~I.";. . ',.~, ~~~ . ' ""'-IfiJ" >'f')/'" 0j:""'"'' '1""~~""1;I' ;",,",;' ''''I~-j'l'::\'\ ',' >c ," > '" ' ,', 'c;;J' ..," ", .,' .',' , ~'.~' -~ -.. ~ ,I'. I. ~'.' .1.>'" ", . '"./" I I""\A J'.:,...-,t ,I, ;~!;~.<;~ ,~'.~I!~'l ',II' '..~:' 1.'~ .:.":. ~"':>~>~ ~1';lft~/;~,~i;~'~:J 1 ~'., ;'.,;--: ~~SSIS,T~NT COMPTROLLSI3~~~'~ :'",:1 I;):;:,~ t~~~-~ .-:.:.;-:_', 1:1,1':liP<;:.'ll,~,~l' \ ,_..,:~.~", ~1J:;ll'.' ~ .,;~:!;~~,ci.'""~:J~. :~~: ~:.V FIRS-fUNioN NATlb':J'A'~BAN~K"\:;:;i~~-~~~'" '- AUGUSTA, GEORGIA .~:~:.~ ~:'.;:r< '.' ,'f., ," ";':\,:,~5,.-' ,( J <~~ ~~-~ III 0 a 1 7 g L. III I: 0 b ~ 0 0 0 2 2 7 I: 2 0 aDo 0 0 7 0 2 a 7 b III GEORGIA DEPARTlVIENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.R . Atlanta, Georgia 30329-2231' (404) 679.4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper Honorable Bob Young August 20,2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ;;;;l C).;J(~ Laura J. Meadows Commissioner uMfja Enclosures {J?J L [-L -/.h @ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER July 1,2002 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $35,000 in Local Assistance funds for Augusta-Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds to contract for services with the Harrisburg Neighborhood Association for food and essentials for the needy in Augusta-Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. . If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers I. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, cx'~~. Laura J. Meadows Commissioner LJM/j a Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this I~ay of June, 2002, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and HARRISBURG WESTEND NEIGHBORHOOD ASSOC. hereinafter referred to as the "ORGANIZATION"); WI T NE S SETH: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUSTA a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUST A and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of $35,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perform the following services, which AUGUST A has determined renders a substantial benefit to its citizens, to wit: To provide programs for the disadvantaged, thereby promoting public health and safety. AUGUSTA has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 . ? rV Police and fire protection; r Garbage and solid waste collection and disposal; v" Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purification, and distribution of water; r Public housing; r Public transportation; r Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUSTA has agreed to provide the State with any information, documents and/or photographs that AUGUSTA, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or financial statement of AUGUSTA and any future audits or [mancial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUST A documentation of Fund use or a copy of audited financial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved findings of AUGUSTA concerning expenditure of the Funds, whether based on an audit report, financial statement, project completion report of independent investigation of AUGUST A, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such fmdings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUST A has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. S 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. S 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under S 501 (c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, 3 ;, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of LaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out o~ belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as defined above. 10. AUGUST A may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of tennination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be detennined the Grant from the State to AUGUSTA is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUSTA any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: HARRISBURG WESTEND I)lEIGHBORHOOD ASSOC. ~:3 75 q ""Ro '5ttJft\lA ON N \'i\~"H.c~2.., 6'1'\ .."1D~{)? IN WIlNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. HARRISBURG WESTEND NEIGHBORHOOD ASSOC. ORG~/J: ~ B~{,Y~~~f~ A:rrnST~ /'YtL )?~ Title: C 1~ ~~. Sworn to and subscribed before me this .i!I- day of /I Uj usr ,2002. 9;tary~bll#r My Commission Expires: I J- t:, -;ld'?J ~ . ~GYfTA, GEORGIA AMJy: ~ ~ 1 v As its Mayor; ATTEST: ~ "'-~ ~. ~ ~ ;-. \:ij '- - :;;-. ..... r- '"" - 't~ l . ~ .. ..~ . ~~ .',:>- ~ ---? "'" ~ , ' ,/ ~. 5 :. Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 August 9, 2002 Fiscal Year 2003 Georgia Local Assistance Grant Recipient: ORGANIZATION GRANT AWARD Harrisburg Westend Neighborhood $35,000 Association Enclosed are two copies of a contract between Augusta, Georgia and your agency regarding your Fiscal Year 2003 Georgia Department of Community Affairs Local Assistance Grant Award, which was awarded to you through the efforts of the Augusta- Richmond County Legislative Delegation. Please execute both copies of the contract along with the audit statement and return promptly to my attention. The city requires the execution of both documents before the release of any funds. Should you have any questions or need any additional information, please feel free to call me at 706-821-1820. Very truly yours, Lena J. onner, Clerk of Commission Enclosures: Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 August 9,2002 Fiscal Year 2003 Georgia Local Assistance Grant Recipient: ORGANIZATION GRANT AWARD Harrisburg Westend Neighborhood $35,000 Association Enclosed are two copies of a contract between Augusta, Georgia and your agency regarding your Fiscal Year 2003 Georgia Department of Community Affairs Local Assistance Grant Award, which was awarded to you through the efforts of the Augusta- Richmond County Legislative Delegation. Please execute both copies of the contract along with the audit statement and return promptly to my attention. The city requires the execution of both documents before the release of any funds. Should you have any questions or need any additional information, please feel free to call me at 706-821-1820. Very truly yours, Lena J. onner, Clerk of Commission Enclosures: AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY A TIORNEY LEE BEARD TOMMY BoYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUIILKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box 2125 454 GREENE STREET AUGUSTA, GA 30903 Bus, (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: HARRISBURG WESTEND NEIGHBORHOOD ASSOC. From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope' of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY A TIORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CIIEEK BOBBY G. HANKERSON WILLIAM B. KUIILKE, JR. WM. "WILLIE" H. MAYS, III STEPIIEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus, (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RlCHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: HARRISBURG WESTEND NEIGHBORHOOD ASSOC. From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis CC: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1. Attached is Copy State Grant Documentation for D5-C-L- 1ft? State Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. Name _-r (-I d. j (Please print) Signature ~ Address .3 7.3 9 5hioes I Telephone No. '/ () In 95/ 5 3 ~ J ~ 7? r, 5 UJ rnm 01) .AI ~ JlJa r -f;'/}f/Z Ga..3 0 9 cJ I . Page 1 ..". l..':J ",- Grant No. 03-C-L-16 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1 st day of July, 2002, 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"). WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of a.c.G.A. 950-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 $35,000 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 returned 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: $35,000 Within twenty days of the Department's receipt of the executed Agreement.. $35,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. " . - \, . Grant No. 03-C-L-16 Page 2 of 5 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, a.c.G.A. ~45-1O-20 through .~45-1 0-28 and a.c.G.A. ~36-67 A-I through ~36-67 A-6 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 Legally Binding Act. ll1e Recipient certifies that it is duly organized, validly existing 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 a. Monitoring 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 the Department, until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of a.c.G.A. ~36-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of a.c.G.A. ~36-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 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 afficial Code of Georgia Annotated. 9. No Agency 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 tenninate this Agreement, with or without cause. upon five business days written notice to tl1e Recipient. If at the time of tenninatioh, any funds under this Agreement have not been disbursed to Recipient, said funds shall be retained by the Department. ..... ~ Grant No. 03-C-L-16 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion. that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) 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. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution. "No money shall ever be taken from the public treasury. directly or indirectly, in aid of any church. sect. cult. or religious denomination or of any sectarian institution." Ga. Const., Art. I. Sec. II. Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. Clty of LaGrange. 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally. without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of'this prohibition have tl1eir ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433. or. as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification. and imports an organization for religious purposes. for the public worship of God." 153 Ga. at 433. "Sect". "cult" and "denomination" also relate to "a distinct organization." with "a common system of faith." "holding sentiments Or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice. relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). , In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement. it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it. and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement 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. [Executions on following page] ...... l-> Grant No. 03-C-L-16 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT ~ Mayor 1~ tI By: Federal Employers lD Number: 5 3-:J::.lIJ~;27f Attachments: Exhibit A, ~Scope of Services" FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS By: vJ.~ Laura J. Meadows, issioner ~ .. Grant No. 03-C-L-16 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County to contract for services with the Harrisburg Neighborhood Association for food and essentials for the needy in Augusta-Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate. suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. Office of the Mayor Bob Young, Mayor Room 806, Municipal Buildjng 530 Greene Street, Augustar GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329, Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA TION - ' GRANT NO. AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. ' 03-CL-15 $50,000 ARC Animal Control 03-CL-20 $15,000 Augusta Ballet 03-CL-887 $25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food. 03-CL-891 $10,000 Bank . Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 ' Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond Academy 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10.000 ARC Opportunities 03-CL-25 $5,000 Augusta Neighborhood 03-CL-26 $5,.000 , Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-C L -28 $5,000 Services CSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40 I 000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 African! American' Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, , ' GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following . Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C- L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 3032Y-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Oppommity Employer @ Recycled Paper Honorable Bob Young August 20,2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ~C).;J(~ Laura J. Meadows Commissioner urviIja Enclosures Page 001 OF 001 Vendor No: 00000t3727 Vendor Nama: AUGUSTA/RICHMOND C.DUNTY INVOICE NUMBER 03-C-L-13 03-C-L-14 03-C-L-15. 03-C-L-16' 03-C-L-17 03-C-L-18 03-C-L-18T 03-C-L-19i 03-C-L-20 03-C-L-21 03-C-L-22 03-C-L-23 03-C-L-24, 03-C-L-25 03-C-L-26;' 03-C-L-27 03-C-L-29' ' 03-C-L-30 '. 03-C-L-31 03-C-L-886' 03-C- L- 88." 03-C~L-1l88.,' 03-C-L-890' 03-C-L-89t 03-C-L-892. 03-C- L- 8 93;' 03-C-L-894, 03-C,..L-895' 03-C-L-896, 03-C-L-897' 03-C-L-898i : 03-C-L-899' .:.:._.4......_. INVOICE DATE 08/13/2002" 08/13/2002' 08/13/2002' 08/13/2002. 08/13/2002: 08/13/2002' 08/13/2002. 08/13/2002:, 08/13/2002. 08/13/2002' 08/13/2002.' 08/13/2002. 08/13/2002: 08/ 13/2002~ 08/13/2002 08/13/2002~ 08/13/2002' 08/13/2002 08/13/2002' 08/13/2002.' 08/13/2002' 08/13/2002 08/13/2002' 08/13/2002. 08/13/2002', 08/13/2002' 08/13/2002' 08/13/2002. 08/13/2002 . 08/13/2002' 08/13/2002" 08/13/2002' STATE OF GEORGIA 'DEPARTMENT OF COMMUNITY AFFAIR~ ATLANTA, GA .. .BANK 1100-1000 GROSS AMOUNT 50,000.00 25,000.00 50,000.00 36,000.00' 25,000.00 15,000.00 10,000.00 10,000.00 15,000.00 10,000.00 10,000.00, ., 5,000.00 10,OOO.ocr 5,000.00 5,000.00 5,000.00 10,000,00 40,000.00 50,000.00' 16,000.00: 25 000 00 25: 000: 00: 30,000.00 10,000.00 30,000.00: 25,000.00: 15,000.00: 20,000.00 15,000.00' 15,000.00, 25,000.00 15,000.00 000041613: 000041614~ 000041616;. 000041617 000041619" 000041621' 000041601 . 000041624: 000041626~ 00004'1630: 000041632' ' 000041635: 000041836, 000041638t 000041641' 000041583' , 000041585; 000041587; 000041599i 000041604; , 000041606' 0000416091 000041620; 000041623. 00004162T 00004163 h 0000416341. , 000041637',. 000041640~ 0000416440 000041847~' 000041650: ' " " , Check No: ' . Check Date:: Check Total: 0000058381. 08/14/2002 ", $650,000.00 , :~! ;1 ,.,.AMOUNT PAID , ' '. ' 0,00: 0,00 " ' 0.00 0.00 0.00 0.00' 0.00 0.00. 0.00, 0.00' 0.00' .' 0.00' , 0.00 ':" 0.00 ,:', g : gg;, ~,.':' 0.00" 0.00', , 0.00'." . 0.00'" 0,.00: 0,.00:: 0..00'. .. 0.00; , 0:.00:,., ',O.OO~ <." , 0'.00,' 0.00:"',.- 0'.00: . O".OOr 0'.00; 0.00', . .', 50,000.00 25',000.00 50,000.00' 35 000' 00' 25:000:00 15,000.00, 10,000,.00: 10,000'.00, 15,000.00 10,000.00' 10,000.00: 5,000.00, 10,000.00 5,000.00 5,000.00, 5,000.00' 10,000.00: 40,000.00: 50',000.00: 15,000.00: 2!:- , 000 . 00: - 26,000'.00: I 30,000.00' 10:,000.00' 30,000.00 25,000,.00; 15.,000.00; 20:,000,.00, 16',000'.00: 16,000.00: 25,000.00, 15',000,.00: , . , . '.. ,'- ... :.. . ;"': ., .... '...;. '., , .. '~'.> " .:' '. , " .I'," ",:'.' ,,::.\'.. , .' -:.~ -,'j" ," ,,' /':-: '.....,- ;-',',' , - ;.~.r;.,.~ . .:.-:. : ., ':.~ ~',: .,:......' ~'~'. '~L ',:' :' .' !'I~~.'~1.~'~::~I' ~~: ~~1;~.OEGE€)F.:l~<.,; 17eJrA'R,T./iml,nr;QF. COMMUN'I~~A!~~A;I '..' .:..;,:':'1'fl';;E:XECUlrtl7v.E:, P'ARK' SOtJTfI(j!N-~E;; ',_1~:~,'.;1 . ':,:;' :.' \;t", ~> . '~ "':;c, ~~l.i .~1.~"'" j~~ ~<:;. "l', .~~~ T~ ~~.. " '1,";,," ," .iG:I'c'1j;' , 114~02 ':~ "'~"'k- ;/)1; ':"':~i.. A, c~'A!UGUS,TA'/RICHMONOl COU~1:W, ,".. t" : !,~,9: GRE~,Nc; S,TREi~T ,"'" '~~f, ~Ft~~~. ,.}~~.;,~ .......,~~.. ,:#~: '~HUNDREDc F I FTYi"''liHOUSAND' . ,~~kf~7 " ,.,~':ifJ;," P"y,Exac1Iy J.te',;;~ !i.,;;;.; ,;" ~ ,J. .;.. .,\~.[pi~V~;}: ._ _.1 ;~~~, ..... BANK,;,.. . ..~'~.!.'~.~.,.....,....\ .. W~~HOVIA X" .";;[f:" '-. .~~ :...f{b~ t~t!l. 11100 0 0 0 5 8 ~ 8 . III I: O!; .0000 .0 I: O? D.? L. !; Sill Office of The Clerk of Commiss~on Lena J. Bonner, CMe Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 September 5, 2002 Honorable Jack Connell, Chairman Augusta-Richmond Legislative Delegation 328 10th Street Augusta, Georgia 30901 Dear Mr. Chairman: As requested in your memorandum dated July15, 2002, enclosed are the following 2003 DCA Local Assistance Grant Awards: AMOUNT $25,000 $35,000 $15,000 If I can be offurther assistance, please feel free to call me at 706-821-1820. Enclosures: AUGUST~-RICHMONO COUNTY COMMISSION 084011 ~'.,:. >:,~, .~ ~,"<'-' > :>DESCRIPT10N' '".A, " P.Oo'NUMBERk' ,:INVOICENUMBERl: ::;i;';:;:::":::' INVOICE!AMOUNTf ::~'.~.i:. ., ":;';NETAMOUNT{)' .. " "..,- l.JOCAL ASSISTANCE GRANT 03CL16 35 I 000 00 0 00 35 I 000 00 CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 084011 08/30/02 35 I 000 00 0 00 35 I 000 00 .. II ' to "11 :' 't "':',;II>,'''<rl' l.,/. l"i1I1"i1I~.t.r '~II"l,~",,~,,;I''l'''' _ _ ..lll ~"~::IU';()~:'tF "'AUGUSTA~RICHMOND COUNTY -,-,'~, ;c.'? COMMISSlqN ,:II;',:,~II ..-;,,"'1,,:'- ,':::.,: ~t~~0!'1.A,05t:.A..l::COUNTING"DEP~R~!Y1E~I~:I;UI(ifc!;.I~,:~\ ", ,~. "0 '. '" 530 GRE~NE STRE;EiT ,>,,,,, I I"" ~" ':\;,l i ~~! .'>~'~'::AUG\J~TA,GE:ORGIA;30~i1..1'7 '"'\:",! kZI~ ,'. :;", . ;.;:,,- ...~" ,,'PHO' N'E (7"06) 821 23 34": . ",,~ ',n.'I,>,\. ''''') I'" ,- -G" A-f""'-'--'i ..p~Jr ;: - .' r ' -." - _' IljI,f .1 ,'J'I~'III~rl"l'II~ ..;....:.:::."_,~.../ ~'~-~,'i~:-.d _<.~_." T- 1: ,,'P, ,,: f "', ;,,~,~~I;. ' "f I I' J_I~~~~ ~111~;r.d~~'"I," - -~-:,!'~J ". ~'~/:U~~ , I " I ~i':.."jI~I~ .~k- .,7..,~ J-,CT r. I~ 'c'. "* * * * * * *:*"k *.V*,,* *'* *_*.* * 'ft*.*,;,,:*.-*.* *,l *I,"/i..*':;'i:*'*'*,,*"*'* * * il?:k,,*ik'*Cc'3 5 'Ob'OANDNOC'EmS'~~;:;:tf:'~;";;.:;~:' I''''',,' " :~ \ ":'. .J >;'Jt-e ,';'_~ "".l'>I~'-"\ "'I;::~l"jd\:' r\I~I':i'.,."I) l:r",:',,"r~(.',1 .,...' , ." I"'~ """'%,r:; ","'.(,J.. r "" _ I :.-::\ ".~ ~ rr.:.~_; '~"1 ~1)7Hj ~~~;.; :;')f,t l,,_: ~ pl~f ~I~ 'J' "J~I! ~~l, ~~ lt4"4 ~ II'....'\. I'",,~',.\o c, r. l~",rrl"t '~Y'I';" ,~II~~ f,""';.t ~i!ii"~lir )" a ~I 1"1 ~ J. f ...r" ~~... ~ ~~~..} J" 1 r n I '~:fl','...~\ .:__">" f-""~""'';;.I'" r',I,',,"'~;.I'";11 ~,;",,"I' ,1~,""I';;,r ~',,'.'~ j; , ::;. r--;"';: 3:" ~:1." <~) ~"ff~ "r-.X;-J\",-rJ=~_;:t -I" l ;~tlt~~lt~r: '\:-i~~ 1\11 ,,?'~l ll/:dll t',r,~';\ ;~I-~\~j ~l;.',III".;' ::1"\ .~:"yt,~ l~i "jfJ;,~,I~ .';!",.,f",,,!!" ,I.'_~ '\1', , ~'~J:~~:" , 0,,: ="'~. ...~{f~ ~r t ~:~~~7Jt\ 5~~i:~ :',,-'~~~~j~~l~"~I'I\ tl,' "W~l \?>,r I/:~:'I' . ';~,"'~ ,'I', ",{' \~:!:~)l,c""~lil'~ . 1t,~",,~,I~' ,1:1<':;r"'L;\:~'~r'~'r' , " ~,,",O' 'k "_ 7.... "'.~ " . ':"'\Cl'Io' '1"'- """ ' ,,<, ,f/';: VO,ID AFii:E~j90DAY:st, ,,,,,~,i"~':",, ~K.~ TO~916 '~', ~~~y ~:~:~,...~~ '" 'ii:ff~~<~~:, ,~~t~~~~'.;:.,.., "~:"""I"" jg?'l:;-'~ CJ)~~r.I"~~;~1 \ ;'C;"IJ8 tr::i;:""~", .'," .'~.' 'RISBURG'..-,.WES.T.".'E.ND. 1~r;,"1',,, 1t1I'I"'....,I'"<, "1'" ; . 'Fel'!;!, ~r;\'..,r,"'; ,sor f>' , r ' >",1. " r, c', "."""~,,,,~" ;:~~~1 .' . t .." ' .,.t' ,.;tl' ....~".. ,-,-,~ 1\ . ~ .r~4f ~~--'- faF..-=J. (~,:r.. r~ja- .... -J' "., : ~"r,L~-:...:...'li. ,<::.c; .N~'3IG9~Bc5~HG.:' OG~1'6DM' o.'AN-:~NS?, ':~",l'~:~.~c~'~: c' ::'q:': , ',~.;,".'.~:..,',.~.,.."\:'. .i"_~";'.~,;\) ,~-:-,~.:.:,..e",",-,~,:',~,'~"",c~'~,',,',,_',.~:',':' ',:' '/ ;;~..; . :~;:' '>~~~,I,~TA~T C~fF\iRO~'~~~. f~,'~) ~'.~'i,:.:,.J;;~ 3~/ '." ROS..\,!"l~, '(~::: ;,,::,,,~ '::~:;,. :" .:. 'c-..~,,' ", 1 f:~:.:~:.j" "1<":<; ",'/.", l~'/. N " ~,;;;>~~:;'~Ir;'- 'MARTINEZ')\t,GA 30'9~6\7 <l::;:).~.;;'.':~>'" FIRSTtJNION NATIol'\J;iile.(Nk AUGUSTA, GEORGIA PAY , ~TO l'HE:. ." .- \ :O,RDE~.: : . ;OF:. ~',) ~i' ~ --'::.-,. 11108 L. 0 * * III -:0 b },OOO 2 27': 208000070 287 bill 't iio GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following , Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L.::J 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportwliry Employer @ Recycled Paper -:; Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ;:;;l C).;J1~ Laura J. Meadows Commissioner uMlja Enclosures 1.- o 3~(-L--lf @ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER July 1,2002 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $25,000 in Local Assistance funds for Augusta-Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds for program enhancements for the Augusta Players in Augusta-Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers I. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, c?I~-.-~. Laura J. Meadows Commissioner UM/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329.2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this X day of June, 2002, between AUGUST A, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and AUGUSTA PLAYERS hereinafter referred to as the "ORGANIZATION"); WIT N E SSE T H: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUST A a proposal to provide certain services as set forth in the Application for funding filed with the State, , which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUST A and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of $25,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perform the following services, which AUGUST A has detennined renders a substantial benefit to its citizens, to wit: To provide art programs and facilities and to provide the Artreach Theater Program. AUGUSTA has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 '" ..:.\ r Police and fire protection; r Garbage and solid waste collection and disposal; r Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purification, and distribution of water; r Public housing; r I Public transportation; Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUSTA has agreed to provide the State with any information, documents and/or photographs that AUGUSTA, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or fmancial statement of AUGUSTA and any future audits or financial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUST A documentation of Fund use or a copy of audited financial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved findings of AUGUST A concerning expenditure of the Funds, whether based on an audit report, financial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such fmdings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold hannless and indemnify AUGUST A, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUST A deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. S 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. S 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under S 501(c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: ''No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City afLaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supematural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUST A that it is not so organized and that it is not a religious ORGANIZATION as defined above. 1 O. AUGUSTA may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time oftennination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be detennined the Grant from the State to AUGUSTA is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUST A any monies paid pursuant to this Agreement. , 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: AUGUSTA PLAYERS ii!:t1%:~~~~y- IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. AUGUSTA PLAYERS ORG1lliN ~ B~i~ _ ;'~I ~ ~;J~ST: ~1:t.~ ATTEST: ' Sworn to and subscribed before me this ~claY of , ,,> " '2002. .. ,': ,:;:... s. 'S='4~ ..J; '-....".,.~....~.... 5 Office of The Clerk of Commission Lena J. Bonner, Ov1C Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 August9,2002 Fiscal Year 2003 Georgia Local Assistance Grant Recipient: GRANT AWARD $25,000 Enclosed are two copies of a contract between Augusta, Georgia and your agency regarding your Fiscal Year 2003 Georgia Department of Community Affairs Local Assistance Grant Award, which was awarded to you through the efforts of the Augusta- Richmond County Legislative Delegation. Please execute both copies of the contract along with the audit statement and return promptly to my attention. The city requires the execution of both documents before the release of any funds. Should you have any questions or need any additional information, please feel free to call me at 706-821-1820. Enclosures: AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY A TIORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 82 J -2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: AUGUSTA PLAYERS From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY ATTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G; HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box 2125 454 GREENE STREET AUGUSTA, GA 30903 Bus, (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: AUGUSTA PLAYERS From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Mfairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis cc: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1 . Attached is Copy State Grant Documentation for ~1--C-L-!..!L State Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. Name 1) f.bO R J9 d 'E f,! / fl-S TelePhg-~~) F fd in ~';71? 7 (Please pfJ' G Signature jJukJ0(J/~~ Address I.M / G~ e OJ e she e PI- ,0..1I if:: .30/, 4p /.1. ~IBI G/l .5 rJ PM . Page 1 ,,- -- :; Grant No. 03-C-L-14 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1st day of July. 2002, 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"). WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of a.c.G.A. 950-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 $25,000 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 confonnance 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 returned 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: . $25,000 Within twenty days of the Department's receipt of the executed Agreement. $25,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. .,. ." Grant No. 03-C-L-14 Page 2 of 5 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. 845-10-20 through 845-10-28 and O.C.G.A. S36-67A-1 through 836-67A-6 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 Binding Act. The Recipient certifies that it is duly organized, validly existing 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 a. Monitoring 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 the Department. until such findings are resolved to the satisfaction of the Department. 7 b, Grant Certification Form. The Recipient agrees to comply with the terms and conditions of O.C.G.A. 836-81-8.1 with respect to the completion and submission to the State Auditor of a UState of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of O.C.G.A. 936-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 8. Open Meetin~s. 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 Geo!"gia Annotated. 9. No Agencv 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 tenninate this Agreement. with or without cause. upon five business days written notice to the Recipient. If at the time of tennination, any funds under this Agreement have not been disbursed to Recipient, said funds shall be retained by the Department. ... .... Grant No. 03-C-L-14 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) 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, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectanan aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. I. Sec. II. Par. VlI. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Anny to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice. relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it. and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement 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. [Executions on following page] ''it J" Grant No. 03-C-L-14 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT FOR THE DEPARfMENT OF COMMUNI1Y AFFAIRS By: ~~ Mayor } b cf By: \ ~ '^^~ - Laura J. Meadows, ~~ssioner Federal Employers ID Number: 5 C?-02~()~-...?7ij Attachments: Exhibit A. "Scope of Services" ~ J' Grant No. 03-C-L-14 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County for program enhancements for the Augusta Players in Augusta-Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society, An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. Office of the Mayor Bob Young, Mayor Room 806, Munidpal Buildjng 530 Greene Street, Augustar GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329 Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA TION - ' GRANT NO. ' . AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. ' 03-CL-15 $50,000 ARC Animal Control 03-CL-20 $15,000 Augusta Ballet 03-CL-887 '$25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food. 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 M useuiTI Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 ' Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond Academy 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 Services CSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 African/American Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, Page 0.0.1 o.F 0.0.1 Vendor No: 00.0.0.013727 Vendor Nama: AUGUSTA/RICHMo.ND C,o.UNTY STATE OF GEORGIA DEPARTMENT' OF COMMUNITY AFFAIRS; , ATLANTA, GA .BANK 110.0.-10.0.0. "Check No: ," ' . Check Date:: Check Total:' INVOICE NUMBER o.3-C-L-13 C3-C-L-14 C3-C-L-1S, C3-C-L-16' 03-C-L-17' 03-C-L-18 C3-C-L-1S,7' 03-C-L-19; 03-C-L-2C C3-C-L-21 o.3-C-L-22 03-C-L-23 C3-C-L-24; , ' C3-C-L-25 C3-C-L-26: 03-C-L-27 C3-C-L-29 C3-C-L-3C 03-C-L-31 03-C-L-886 0.3 -C- L- 8S7~ Oa-C-L-SSS; C3-C-L-890 C3-C-L-891 C3-C-L-892' C3-C-L-893; , 03-C-L-894, C3,-C~L-S95; 03-C-L-S96. 03-C-L-897:' C3-C-L-89S: : 03-C-L-899' INVOICE DATE C8/13/2CC2~ 0.8/13/20.0.2' 0.8/13/20.0.2' CS/13/2CC2, o.S/13/2Co.2' 0.8/13/20.0.2' 0.8/13/200.2, 0.8/13/20.0.2 0.8/13/20.0.2, 0.8/13/20.0.2' 0.8/13/20.0.2' 0.8/13/20.0.2' CS/13/2CC2: 0.8/13/20.0.2', CS/13/2CC2, 0.8/13/20.0.2- 0.8/13/20.0.2' 0.8/13/20.0.2 0.8/13/20.0.2' 0.8/13/20.0.2: 0.8/13/20.0.2 0.8/13/20.0.2 0.8/13/20.0.2' 0.8/13/20.0.2 0.8/13/20.0.2 0.8/13/20.0.2- 0.8/13/20.0.2 0.8/13/20.0.21 CS/13/2CC2' 0.8/13/20.0.2: CS/13/2CC2" CS/13/2CC2' 0.00.0.41613', ' CCCC41614~ COCC41616~ 0.0.0.0.41617 0.0.0.0.41619' 0.0.0.0.41621" 0.0.0.0.4160.1 , 0.0.0.0.41624: CCCC41626~ 0.0.0.0.41630.' 0.0.0.0.4.1632' 0.0.0.0.41635: 0.0.0.0.41 B36' CCCC4163S:, 0.0.0.041641 0.0.0.0.41583, CCCC415S5: 0.0.0.0.41587, CCCC4159gi CCCC416C4~, 0.0.0.0.4160.6' CCCC416C9~ 0.0.0.041620.; 0.0.0.0.41623" 0.0.0.0.41627 0.0.0.0.4163 L 0.0.0.041634;, . 0.0.0.041637,', 0.0.0.0.41640.:' 0.0.0.0.41644; 0.0.0.0.4.164,7:, CCCC4165C~ ' . :; GROSS AMOUNT 50. , 0.0.0. . Co.' 25,0.0.0. . Co.' 50. , COO, Co.. 35,00.0..0.0. 25,0.00..0.0. 15,000,0.0. 10.,0.0.0..0.0. 10.,0.0.0.0.0. 15,000.0.0. 10.,00.0.0.0. 10.,000. Co., 5,000.0.0. 10.,0.0.0..0.0. 5,0.0.0. Co., 5, COo.. Co.: 5,0.0.0.0.0. 10,0.00..0.0. 40. ,Ceo. . co., 50.,0.0.0. co.' 15, ace. co.: 25, ace. co. ., 25,000. co.' 30,0.0.0.0.0. 10.,0.0.0.0.0. 30. ,0.0.0. .0.0.; 25,0.0.0..0.0. 15' 0.0.0. co.', 20.:0.0.0.:0.0. 15,0.0.0.. co.' 15,0.0.0.0.0.; 25 , 0.0.0. . co., 15,0.0.0.. co., , '.' ',t, . . DISCOUNT . TAKEN " . . .~ 0. ,co.: 0..0.0.. 0..0.0. 0..0.0.. 0..0.0. 0..0.0.', 0..0.0., 0..0.0.. 0. .0.0.. 0. .0.0.' C. co..- 0..0.0.' 0..0.0. 0. .0.0.', '.' 0..0.0.: . ,0..0.0.,'-,.-"" 0..0.0.. . 0..0.0.. 0. .0.0.'.' 0.,.0.0.:' C,.o.Q:' 0.0.0.:" " 0..0.0.. .' C. CC~. " .. ".: " 0.'.0.0.:, ,0..0.0..:,' , . 0..0.0." 0.,0.0.; 0.'.0.0.' 0..0.0.', . 0.'.0.0.: 0..0.0.: . . ~'," 'c. ,. .. .>': I,': " . ..,..,' l~~_.-...._~..'........ .. '7a.~.~ ,'. ._;.~~~;~ . ~. . ...t~;.:.:'.':;.':.;.:.~_.. ,>.:'t. iii~; ~1f~t~olrGEO.B$lt4.L'~i ;,~\~ liEP,'A'R.T.MENlt;\';QF. COItlItlUNiI~A1!mA;I ";f~~ ~, K tl:tu'1U' ~ i?"~~";"".~.' ,,,, i;\'o.....'~EXECUimv.E;, P.'AR s'o.tJ '~t"",. '., ....Rt,,' "', "..<'li~.: ':h. ~(~, :!,,!::A!Nt1l'Al' ll/l>; 3Q3~' 1~5;,; ~ ... ~:.; b'l:1">llXf~t-, ,'" ",-,.. . i${;;"d.l:~~' __,;~Lf:;;~~~,. .j'!~1{:2" ~to~.O~~1~JGUS'T~~'RIC'HM~]#:COUN,TY'~ ~l' ':;" ",f;i-j.- ~;19; G~EI:NE: STREET" fl~ ""'~. ..~ . " ,~,,"!\ '~r.f;-,1. s,~'$.}f .. '.;f;t.'rt t#! .. , . ,," ...~~'n;t"~. .~. , . I ~." . ~t~I.:1"j:' l.i: ", '~:~ " Pay,Exac1ly "UXt:HtJNOREO;F IFTy,,:'1:HOUSAND ,A'~b' 00. "~' .', ,,;Sl;f~.*'*******~''*.*~.'''' , ~~~.~ :,,;. . "a.~" "".~ .~~,~ . ~~' . ,"lr.'~~, ,~; , "'''~~'''''';..,. "",.', .1: itfr} '~(':-{ ~~~.". . . t.~:.~ .~~-;'!i~:' WACHOVIA BANk.;::,' .'.o:r..~'.~t"":'\" ?~f~,: " nl .:;[: ~ , ~~~ '''~'~~~'~~l'~ .~-, 0.0.0.00.58381 0.8/14/20.0.2: $650,000,.00 ; .~~ AMOUNT PAID 50.0.0.0.. co.,' 25,0.0.0.. co.' 50,0.0.0. . co.' 35 0.0.0' 00' 25: 0.0.0,: co. 15,0.0.0. . co., 10.,0.0.0. .00.. . 10.,0.0.0..0.0. 15,00.0..0.0. 10.,0.0.0.. co' 10.,00.0. ..0.0.: S,CCC.CC 10,0.0.0..00.' . I 5: 0.0.0.. co.' , I 5:0.00.:0.0.. 5 00.0. co.' 10: 0.0.0.: co.; 40, 0.0.0.. CC~ 50.' 00.0. co.: 15': Coo.: co.: 2:,1)00.. CQ:: " I 25',0.0.0.'. co: I 30.,000..00.' 10.: 00.0. 00.': 30: 0.0.0.: co.; 25,0.0.0,. co.: 15,0.00.':0.0.; 20',OOC.CCi 15, coo.. co., 15',0.00..0.0.; 25,0.0.0.. CO: 15"0.0.0.:. CO' ",:;", .,' . ,'".> -' '. ~ .--~ ;~ .;;,j '~~ /~! ,~l ',JI $650.,0.0.0.. oc;~1 .-al .!\ "'~! ,,;jj! .'.:]~ ":f~l - '.~ ';1:'~81 C~: i: ~ ;-r~;~~ '1A~ ....;r~~~~ C"". . .- 381t ,Iii/:t \~t~E~r~r~&3:~()?'13 727 ]'" , ",tifil .....'Va.' , ",,,..~'I::'i"""" : ~ f.:ij<-:.' .~~?M' '~1"""'~~ : ~~r;- ," .. :~{~! :, "'~:..T;j. . j.....'... :~*.~... . ~....',... 11100 000 58 318 .111 I: 0 b .0000 .0 I: O? D.? L. b 5,,1 .~ :'!.i~ .,...:;.I-.:.u::.,,~~ ".1 :~ :~':j , l Office of The Clerk of Commissijon Lena ]. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUST.A., GA. 30911 (706) 821-1820 - FAX. (706) 821-1838 September 5, 2002 Honorable Jack Connell, Chairman Augusta-Richmond Legislative Delegation 328 10th Street Augusta, Georgia 30901 Dear Mr. Chairman: As requested in your memorandum dated July15, 2002, enclosed are the following 2003 DCA Local Assistance Grant Awards: AMOUNT $25,000 $35,000 $15,000 If I can be of further assistance, please feel free to call me at 706-821-1820. Enclosures: AUGUSTA..RICHMOND COUNTY COMMISSION 083797 "': ':"'",,<:<:> DESCRIPTION",' ",';.< " .;. ". ".,. . ~'" .::~ .-..'-. :.:::,:y~: ':,'hf'.O;',NUMB ER,:" ;,,'INVOICENUMBER" ~}(.~:.:: ?INVOICEAMOUNFiN,,,, ,::",;:::,. .~'.;;~.t..;: ~-~:::~:::':.:1', . '.... "X~:.: '" (::lNET,:AMOU NT;,':?'''''' ..,. ....... ~OCAL ASS I STANCE GRANT AWAF D 0 3 CL14 2 5 I 0 0 0 0 0 0 0 0 2 5 I 0 0 0 0 0 " - - CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 0 8 3 7 9 7 0 8 / 3 0 / 02 2 5 I 0 0 0 0 0 0 0 0 2 5 I 0 0 0 0 0 < ,. -.,J...:;.-:jt-;..... . RATION:. ) I:" ,; :; , """.f~U:",~ o '~ 1~,,;d~'J~' ". I',., ...~l'l_'~~t' #~I!:I~...(",~ . I . "f. "' I I' ~'AOGUSTA'~RICHMd~HD cciU:Ntv' ~I~ '~i/i1;~"" ,',-,. ..~-<' ~OMMISSI9N ""I'" . ,";l'e"'r " R00M'105;,ACCOUNTING DEPARTMENT,' ,,:$' t;,~~~}~ , . 53lrGREENE STRE;ET )r",I" ,I: I'" \'ll'~>",! ..' :~,~YGUSJA"c>EORGIA}?~i1,1;.;' ~:'::')' ",:4;,'1' .. :r=~>;Pl-!9N~'(796) 821-2~~~~'(Jlr '~I~<r >,I~~~/~,I l~I' 1'~7 -.,-:"i!i*: ' I~~."h-oftll/. "....jl<I..,~~I." "H1H~', O' " , I " ."t :' ~. ... ...1 . if 1;.-i-........ ,,-Tz.l:.. . ~ .i> ~~;~ '~~~i~9!${Q~~:~;1:tf' it2,~~Bi.~KiN~~ti}' '<of. ;~:'i8 ?X7:9 ?~:'~:. . "<I ,''-: . III"'. , ' ***.* * * ~*,* * *;'*;* *** *(-1: * _*,*';'" *,* *,*** ~.** **'*;* *:.*W*::k* *1:*':*I-,E'*'$'2S' ," -:',~.,.,l'i'~,'-'I' ~..i"=i:'<} ,_~~ ~. ' :~~<'~'~'- ,,'~~i::_' .~:<' /::: -~:~~ ~'}~'j';~. ~~;'I~~.:. l;II''1~,>'~r:., A;~""'! r~~;I~\ }t~~;',,;,'(: "';"',;W~>/ ., ",. '~.-j~ ;.~';>.r~,' V...;~> A~:':':'A', ',"" 1 ',., .,"c, /, A~, \;r,,~,\ (...., ~ .~'.A' ~ /" 1I11~" ;~:~'~~=_. ~;~~;~ jUC;::; _; '~;~~<~:~~$~" i<~'"--.'~~~<" '$~,\., ': ~:",;'::~.I.,::.. ~~<","} f<::',"l ~~I~J,,~~:I~ fE /J '~~'.1;;~J-~1 _,:.l~-:j~"'.:i :-!'j: . 1'''~':;' : 7\o....L:!'l!'~," I~" ,=..\ ,/,f1r.'I",".:' . "': _~ .c....&~~ :~;.::::.~~,:..:..--. ~.'~~~~' ~."-'.;.l>;~-l. '-".t'.,..Ib ~"'.J.>.~ '-", {', o 0~OANQNOgElNJ:l;iS l:t'il~ ,''1 ~lIq~ ' 'nl"~II~" ~11'1I,j .t,,;+H.Ii{1 ~,II'\{ '- I';.."~~ ~:f\"ll I ~~rfl . &,1 P' ,I '111....~' ;J-:......~y II ~;I\rl&{ .' " 11' '''''''"'''''\ 1 1}-F.i"1 'lll.t~ttr"'~f ~i~r,l i "'~IJ1~pl 1 r'l'. " tf'1~1 ~~'t~,~ r;,~,<*'.vOID A'F;;T:ERJ9~ DA"'[S:, ,{"I~,,, PAY ,;j'OTHE.., ORDER: . ',OF '...., . r~r:~;";1 ~ ~-~;~' T04224 ~~Y9;VS TIF:c;)?I.0~'ES RT:R~:E;:~'E'~:~ -t;~~ ;t~ ~"t'> 'i .1'20);: ,GRg;f:l'ifI2.' ,~~,,/~"\: l;'-;~ ,,'.', I ( ~"i!1 .AU GU.S~l A ()GA 3.',09 0 ~,:r:':J ,,!;(~~ ,I, '1 ,',.... - . - - --- ~ ~ ~-; :~.I,r'I~' ';,t~','..." r:,: ~T" '-' .-.,~';/ <~>:'~>i;"I;~',' "~;:~ .,< ~_.- P~0 ~< '; ~~ ~f?~ :.{;:j~~,; ,'] ': j ,f,!. .~_~ ';7' :,.~ .. I" -_ ',~~~'l : _'I'~;i,':-", :. :'~CI~"'~I:I~:1 ',~,,, " ~'< "/.C,.o' '_ "1"?;, i:Y1./i:~l:1'~~:.4'~d;J "~"'" ~".:;:::~~;~-:~' _'~~~.l~}" ~f 0~f(~~~';:.~"~~UI;',~~~;: ,: ::',~ '_~ Mi~!SJ,~NT COMPJRO,~~~~, \.,' r,,'.!,;.';.I#:.{: .' _: -/: <";F' .,,:lr:,""~")';:J. ~,/1;~,'_,/~"1,~',',',,, ~,";!",'1J ('"Itt~l '>>,;;' / FIRsi\J~'ibN N.c\TIONIA'L:'BA~K' (R~:~;; AUGUSTA, GEORGIA III 0 8 l 7 g 7 III I: 0 b ~ 0 0 0 2 2 7 I: 2 0 8 0 0 0 0 7 0 2 8 7 b III GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-1S Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-S87 Grant No. 03-C-L-888 Grant No. 03-C-L-S90 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-S93 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-S99 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. eaUAL HOUSING ~ OPPORTUNITY L:.J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper .' Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ~C).;J(~ Laura J. Meadows Commissioner uMlja Enclosures . . ' GEORGIA DEPARTlVIENT OF COMMUNITY AFFAIRS Laura Meadows COMJ\1ISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following , Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. eQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E.. Atlanta, Georgia 30329-2231. (404) 679.4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper 4' . Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679--4943. ~C).;Jf~ Laura J. Meadows Commissioner uMlj a Enclosures j ZJ?J -(- / -~ ~ @ 8) -"" ... ",,'~ > GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMJ\f1SSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $5,000 in Local Assistance funds for Augusta-Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds to contract for services with Shiloh Comprehensive Community Center in Augusta-Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denominatiqn or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers I. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, d~-.-~. Laura J. Meadows Commissioner LJM/ja Enclosure cc: Richmond County Legislative Delegation EaUAL HOUSING ~ OPPORTUNITY L.:.J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of June, 2002, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and SIDLOH COMPREHENSIVE COMMUNITY CENTER hereinafter referred to as the "ORGANIZATION"); WIT N E SSE T H: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUSTA a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERA nON of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of $5,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perform the following services, which AUGUSTA has determined renders a substantial benefit to its citizens, to wit: To provide programs for the disadvantaged, thereby promoting public health and safety, including providing after school programs. AUGUSTA has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 IV' Police and fIre protection; r Garbage and solid waste collection and disposal; rV Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purifIcation, and distribution of water; r Public housing; r Public transportation; r Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUST A has agreed to provide the State with any information, docmnents and/or photographs that AUGUST A, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUST A upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or fmancial statement of AUGUSTA and any future audits or financial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUSTA documentation of Fund use or a copy of audited fInancial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved fmdings of AUGUSTA concerning expenditure of the Funds, whether based on an audit report, financial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such findings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. 9 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. 9 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under 9 501(c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of LaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supematural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as dermed above. 10. AUGUSTA may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of termination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be determined the Grant from the State to AUGUSTA is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUSTA any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: SHILOH COMPREHENS 8 . . COMMUNITY CENTER IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. SHILOH COMPREHENSIVE COMMUNITY CENTER ORGANIZATION -~, ct. ~A' GEORGIA~. As its Mayor t.1y CommISsion expires JuIJ 5 Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 August 9, 2002 Fiscal Year 2003 Georgia Local Assistance Grant Recipient: ORGANIZATION GRANT AWARD Shiloh Comprehensive $5,000 Community Center Enclosed are two copies of a contract between Augusta, Georgia and your agency regarding your Fiscal Year 2003 Georgia Department of Community Affairs Local Assistance Grant Award, which was awarded to you through the efforts of the Augusta- Richmond County Legislative Delegation. Please execute both copies of the contract along with the audit statement and return promptly to my attention. The city requires the execution of both documents before the release of any funds. Should you have any questions or need any additional information, please feel free to call me at 706-821-1820. Enclosures: AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY ATTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUIILKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box 2125 454 GREENE STREET AUGUSTA, GA 30903 Bus, (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: 1WALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: SHILOH COMPREHENSIVE COMMUNITY CENTER From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY ATTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDy CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box 2125 454 GREENE STREET AUGUSTA, GA 30903 Bus, (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: SHILOH COMPREHENSIVE COMMUNITY CENTER From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The fIrst concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis CC: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1. Attached is Copy State Grant Documentation for~-C-L-*State Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. ~ken-;e- (b% IL Name K4+h '2>. e....... Q UJfo r- J Telephone NO('1Dl.) 733 -(flY! '7 ("lOb) 4-~ J -0'/5 Signature Address ) 10 3 . Page 1 :, j Grant No. 03-C-L-23 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1st day of July. 2002, 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") . . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of a.c.G.A. 1350-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 $5.000 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 returned 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: $5,000 Within twenty days of the Department's receipt of the executed Agreement. $5,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. "' .; .. Grant No. 03-C-L-23 Page 2 of 5 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. a.C.G.A. 945-10-20 through 945-10-28 and a.c.G.A. 936-67A-l through 936-67A-6 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 existing 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 a. Monitoring and Auditing. ,Upon request, the Recipient agrees to provide the Department with any infonnatio~, documents and/or photographs the Department deems necessary to monitor perfonnance 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 the Department. until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the tenns and conditions of a.c.G.A. 936-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of a.c.G.A. 936-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 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 afficial Code of Georgia Annotated. 9. No Agencv 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 perfonning any and all obligations under this Agreement. 10. Termination. The Department may tenninate 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. '\ 'f' Grant No. 03-C-L-23 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) 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, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. I, Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court. indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise, other tllan 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. [Executions on following page] '\. ~ Grant No. 03-C-L-23 Page 4 .of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT FOR THE DEPARTMENT OF COMMUNllY AFFAIRS By: By: ~ tU~u...:>S Laura J. Meadows. Com;;(~er Federal Employers ID Number: 58-2204274 Attachments: Exhibit A. uScope of Services" , "'\. ... Grant No. 03-C-L-23 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County to contract for services with Shiloh Comprehensive Community Center in Augusta-Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantiaL No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. Office of the Mayor Bob Young, Mayor Room 806, Municipal Buildjng 530 Greene Street, Augustar GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329, Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA TION " ' GRANT NO. AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. . 03-CL-15 $50,000 ARC Animal Control 03-CL-20 $15,000 Augusta Ballet 03-CL-887 $25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 ' Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond AcadelnY 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 Services CSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 African/American Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, , ' GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 '$ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EOUAL HOUSING ~ OPPORTUNITY L.:.J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ~C).;J(~ Laura J. Meadows Commissioner UM/ja Enclosures STATE OF GEORGIA DEPARTMENT' OF COMMUNITY' AFFAIRS, ' ATLANTA, GA BANK 1100-1000 GROSS AMOUNT Page 001 OF 001' Vendor No: 0000013727 Vendor Name:. AUGUST'A/RICHMOND COUNTY INVOICE NUMBER 03-C-L-13 03-C-L-14 03-C-L-15 03-C-L-16' 03-C-L-17' 03-C-L-1S 03-C-L-1S7 ' 03-C-L-19, 03-C-L-20 03-C-L-21 03-C-L-22 03-C-L-23 03-C-L-24, ' 03-C-L-25 03-C-L-26:' 03-C-L-27 03-C-L-29 03-C-L-30 03-C-L-31 03-C-L-SS6' 03-C-L-SS.7' 03-C-L-1l88i, 03-C-L-890' 03-C-L-S91~ 03-C-L-S92: 03-C-L-S9$ , 03-C-L-S94, 03,-C~L-895', 03-C-L-S96;' 03-C-L-897, 03-C-L-S98, ,03-C-L-899' INVOICE DATE OS/13/2002' OS/13/2002 08/13/2002' OS/13/2002, OS/13/2002~ OS/13/2002' OS/13/2002 OS/13/2002" OS/13/2002: OS/13/2002' OS/13/2002; 08/13/2002~ 08/13/2002, 08/13/2002: OS/13/2002' OS/13/2002~ 08/13/2002' 08/13/2002' OS/13/2002' 08/13/2002" OS/13/2002' OS/13/2002 08/13/2002 OS/13/2002. 08/13/2002, 08/13/2002- OS/13/2002 08/13/2002 08/13/2002 OS/13/2002 OS/13/2002,' OS/13/2002" Check No: .' " Check Dale:: Check Total:', . 000041613. ' 000041614: 000041616:, 000041617 000041619' 000041621 000041601 , 000041624: 000041626~, 000041630' 00004,1632: 000041635; 000041636; 000041638: 000041641 0000415S3';. 000041585;' ',' 000041587:' 000041599' 000041604:, 000041606' 0000416091. .' . 000041620; , 000041623, 000041627' 000041631,'" 0000416341 000041637:, , 000041640: 0000416441 00004164" 000041650:, , ",.. . 50,000.00 0.00: ' 25,000,00' .. 0.00 50,000.00 0.00 35,000.00 .. 0.00: 25,000.00 - .. 0.00 15,000.00 '" .. ", .', 0,00: 10,000.00 .. 0.00 10,000.00 0.00. 15,000.00 0.00: 10,000.00' 0.00' 10,000.00, 0.00: ': 5,000.00 0.00.' ..' 10,000.00 " 0.00 ' . 5,000.00, " 0.00'.' 5,000.00 0.00::,."," 5,000.00 0.00',.'., " ," , , 10,000.00 0.00, 40,000.00 0'.00, 50,000.. 00 .',' 0.00,; 15,000.00,' 0.00 25,000.00: 0.00: . 25,000.00 0.00, 30,000.00, 0.00, .' .. 10,000.00 0'.00:," 30,000.00: O~. 00:. , '."-... ..~ . 25,000.00' ':. "._'~ o OO~:'" 15,000.00' 0:00< 20,000.00' 0;00: 15,000.00; 0'.00' 15,000.00: 0..00" 25,000; 00" 0'.00: 15,000.00 0;00, . " '. -, ~, .. ',' " .' " ~-i '':':'' : ,.:-.".,. " "_l,", ?t~,: .....~~... : ::.~' . ~Sll ....-.. ., , I ~. .-,. '('. , ..",c.c..._. ~~.~ "" '~i{~~ii&OffGE(!):~~i~Yr ;;~~ D'EP.'A'R~'Ii~al"- COMMUN,r~NF.~A\I i(;h,:~A . ~';\~~"';EX'ECU!mr~E . P.G<~RK303S02tJTRII1N-~;'::.., ".i.,"Ii' : '. .i 'i':., ,. '" "~;":; It' .~%~~~ ~ ~. J I . ,~:~". ^i;'-, /_'~~';:,. <: ;;1ir ~~ lotha,Orde " '~~US,i~~'I'R I C'H~~t&. COU~~~! ;':~~: . ~\"~.,( 5{iQ; llRE.ENEc STRE;E,T' ' ~~",f~: :::;:"..~,4~~' Pay,Exaclly . S~~HUNDREO, F I FTY,/1:ROUSAND ' ~.~~.- ~,;. ....r:'t.iif...... ~.,t~ o{.~\:'~~~ .~'%,I; W ACHOV IA BANK,"" ~'... ,- -.... . .~ . ......:tr~..~~.'r,.,.;.1 ~,....~ ~i~~~ 1 O~: ~I "')lj ~i;~'.".1 ".;'(>i ~,;,_:, .'1!r~~~ 38I;,~1 , '.' , '~"'. -', Check,Na, "~I ': j~~.'J;J" " , ~ .,'.' I .,~~~'. v~r Na~';'a'O 0 0 0 1372 7 .,~! IL~ ,l. " .,'tW;.' ~tj;.l~' ;Jf~'~~' :~, "~"6.!"[ \..:.~.;,a .~~".1 ....:A...:~ - .~i .' ,..:~t. t',;~ ::;#:~.J.~l , "':to" '\"'r , .' ;~f.::>c:~yI, .,,~. ~~,~650,OOO.00 :;~! ....':.,.. .'-".1 Vald:atla~~ daya : :}~ '. ...,.<.11, J. (~L}:. ~~~1 . ~~ ji~;~:~ '~'l 1,.: .] ..~,~ '.'4~' ~Wi~ " ;,u.' ';l :!~:,. '~~~ 11-0000058 :38 .11- 1:0 b .0000 .01: 07 0.7 ... b 511- :':~ 00000583S 1.' Os / 14/2002, ",: , $650,000.00', :~; ..\~ AMOUNT . PAID 50,000.00, 25,000.00' 50,000.00 35,000.00 25,000,.00 15,000.00 10,000.00, . 10, 000 . 00 . 15,000,00 10,000'.00' 10,000.00 5,000.00: 10 000 00 5:000:00 5,000.00. 5,000,.00' 10,000.00: 40 000 OO~ 50:000: 00: 15', 000. OO~ 2E, 000, 00:. " I 25,000'.00: I 30,000.00'. , 10:,000.00' 30,000.00: 25,000'.00: 15,,000.00; 20' 000 00 15: 000: 00, 15',000.00: 25,000.00; 15.,000'.00' ! I Office of The Clerk of Commission Lena J. Bcnner, G1C Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 September 5, 2002 Honorable Ben Allen, Representative Augusta-Richmond Legislative Delegation 1124 Laney-Walker Blvd. Augusta, Georgia 309012837 Dear Representative Allen: As requested, enclosed are the following 2003 DCA Local Assistance Grant Awards: AGENCY AMOUNT Lucy C. Laney Museum $5,000 Good Hope Social Services $5,000 CSRA Transitional Center, Inc. $10,000 Auqusta Neiqhborhood Improvement, Inc $5,000 Auqusta African American Historic Comm. $10,000 Shiloh Comprehensive Center $5,000 If I can be of further assistance I please feel free to call me at 706-821-1820. Enclosures: . AUGUSTA-RICHMOND COUNTY COMMISSION 084227 .. . 'DESCRIPTION,,'. " .j.. ;:'~:.::.~ ,,' !'p,mSNUMBER: , idNVOICENUMBER' '.INVOICE,AMOUNLA,," tiJ.,::::~:~{;::~@~:}}:::::~<'::~;::; .:,-'":0" ii','<\',{:"~NNET{A MOUNT',.:::- ...,. l.JOCAL ASSISTANCE GRANT AWAR D 03CL2 3 5 , 000 00 0 . 00 5 , 0 00 00 CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 0 84227 08/3 0/ 02 5 , 000 0 0 0 00 5 , 000 00 O' II . . " "11 :' '0 !~Ii~v O' .u"I~~~~~J,,'LU o "'~I!lr,:':"I~.>I' II' . 0 ., 0 ~:..:',,,~~~-1,.,,,,r , --..: '....."'.!;-- --..,;- ;.. -~- .; , '.; . . ,r 'j' . _' "', ;',* * "/<,ff * -k:*"*..** if* *, *'"1<'1<':...*:1< * ,}~**''if*''*...*.** *"'!it * *.;t,~* 'ti!::~~'!f;*.* f:~,,*i~:*'fi$Si ~ .1'1'....'.",'.1 ""f ~-r=-j. ":~ ':'<l"'}~.~~,ljo!-" ,~-':T-,I :It, ,."('.1. ,j ..~t'd' '~~'~l' j\iHt!r'II""d~""J~,l\ ,""rr_,l'~ ~,;.i,';:'f'~"V"'''! .' .r"I-"It-,1 ~'.,.... '"==~"'~ ~-;..:, 7=:'D-~';"i .~'-'<""~ ~-i":.~==-...F\:-._", A;':"". - ."...... :.,",: t,r;!~)IIi.l"'j 'iU'" Jt'~l '~,>','>' l.r'i':'." ~.,~>~'~~ 'I I t" I ~., ~r=~ .~~" .~ :ff. ...-"'j..;r. 1",;->' ~-:h+-4' -,.l ~ ,- ,1-1"1....1 \r~.-....,~ll'I' ..#~11"1~ (~I ,11~~r."irl'~ 'I,I,'~ II ,; . ''tjT.:':~; )~;!c'i t-;~.i :~O;,~:';\;:~) t~~})~? \~~!; ~~~t,1 f:;~~'f ~;~;'~r\f'~r/" m, .~';>:'~ T ,r/. ,0'>,' ' .j;-., ;',"'. " ~""~ W. ,ii""" ,1', 'i c...".(" , ,-=--~J '. -t=-......::~_~.. ~4[...D' ~~..... ". :;;- ~...".I-i,,'. ~,,~ ,'"I' , 'I " (,p"., - ~.... [' 0;o;0AW~NO~E~T,S \,,~;\,~ i'7\'~~"'" rr: ,.. ~ Y:'!" i}!' ~,,: 14.- ~,...."\ ..",/:).1 ~ 1 m I.:j Jt'l~ 11~; \~. ~ /' 11Hwlll, l \1)c"I\' ~ l~I,II... ~~'~,,/l ' "'.Jt f ,\ '1,,1 r ,l.1')l" ~iilll 'lr;r "",, j !""rU~ l~~!' I .. r' ),,'J, iI',' f Jl',.,n'f '"il ,~.;:rr , ~~iI'", lf~jI\'~ ~ iJ1))- I :./..; er;~n,l~ ~~/,l:11"" ~r<' \', 'f.) VOID AI#:i;~R'9'6 DAY~:~, \" , :';';' ,~AY TO'THE~, :;ORDER,'. OF. ',::~ ;~ T01040 r.SH it 'LO H ','C;;bt1:BIR:EH;gN:$\IVJ??;~ .J# ~ " _' ~:.''''',' 11,'" ...,J: '. ,," .",11 COMMUNITY .,CENTER\;"; ",:-', -, _ '. _. . ", ~ I l ,1 .', t, . ' )~ , hi....' l .. ,1:'6,35,: 15T.H"jISTRElE'I~'I';~f ' ,f 'r';' " _<~,l, ,! - ..,.... "", k\.., .'. ' -:A:UGUSTA/'~@A. '3'O~9'0.fLE"' :~~- .-:~=~.. t ~: ~:?;."~l:~>, / " ~ r'~ ~ ~:-~ -'-'-< , '-""-.-.!- , '-;-,i ,.O-,.i.-t.._t '-#. . . , ' , ':=,"~~~" '~'!"III'~: i~t '/~1\'1~t~;.,//"~i~"";;- :~~;e~:I~': '~~;;~:;l[j~~,~ >4t,~' ~~~~%~~r.:,;~.I,~". , 'ASSISTANT COMPTROLLER, If. "~" ",>,,; '. ,,':") "";,, ,'oJ t, :,:i (~',.}-" ~ ',': ,', ,i;,-, "..,,, ,>t FIRST UNION NAtib~~LB..{~~: b1~~~:,;;-" AUGUSTA, GEORGIA , " , ~.' :' ," ~. ,; ':;.' '1_",./ ,~ ;.-~'" -:.~;-) f-J /'1 .I III 0 B L. 2 2 7 III I: 0 b J. 0 0 0 2 2 7 I: 20 BODO 0 7 0 2 a 7 b III . GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following , Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 GrantNo.03-C-L-187 GrantNo.03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EaUAL HOUSING ~ OPPORTUNITY L.:.J 60 Executive Park Soul];, N.R.. Atlanta, Georgia 3032Y-:2231. (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper 4 . Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ~C).;Jf~ Laura J. Meadows Commissioner UMlja Enclosures C 2> ~ t:,. - L-;;) ::l- GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER July 1,2002 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $10,000 in Local Assistance funds for Augusta-Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds to contract for services with Augusta African/American Historical Community in Augusta- Richmond County to identify historical locations. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers 1. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, 0'~-.- ~. Laura J. Meadows Commissioner LJM/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this K day of June, 2002, between AUGUST A, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and AUGUSTA AFRICAN/AMERICAN mSTORICAL COMMUNITY hereinafter referred to as the "ORGANIZATION"); WIT NE S SETH: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUSTA a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUST A and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of$lO,OOO.OO (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the tenns set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perform the following services, which AUGUSTA has detennined renders a substantial benefit to its citizens, to wit: To provide information and to identify historical locations. AUGUSTA has the power to perfoml such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 r Police and fire protection; r Garbage and solid waste collection and disposal; r Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purification, and distribution of water; r Public housing; r Public transportation; rI Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUSTA has agreed to provide the State with any information, documents and/or photographs that AUGUSTA, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or fffiancial statement of AUGUSTA and any future audits or financial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUSTA documentation of Fund use or a copy of audited fmancial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved findings of AUGUSTA concerning expenditure of the Funds, whether based on an audit report, financial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such findings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUST A deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's perforn1ance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. 9 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. S 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under S 501(c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article I, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City oj LaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a conununity or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as defmed above. 10. AUGUSTA may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of tennination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be detennined the Grant from the State to AUGUST A is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUSTA any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with retum receipt requested) addressed as follows: AUGUSTA AFRICAN/AMERICAN HISTORICAL COMMUNITY 360 BAY STREET SUITE 101 AUGUSTA, GA. 30901 IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. AUGUSTA AFRICAN/AMERICAN HISTORICAL COMMUNITY ~STA' GEORGIA o~ ~ ,.,./ '/1 ' ~: B~ ~ N"i~' n.n .... -- A>< its. "yo AITEs::~:~w,fl/-1<l< ~ Title:~l ATIES Sworn to and:'s~ribed before me this _ day of ,2002. ~~.~ ~ry Public ., My Commission Expires: ~Qtary Pu,tk:fTchtTiOOct Cillllty, Qeo, . Al:kln'lO Myr~"":__ ", . ~ J"!,lI'" .Y"".'~ 8Xj)res May 14,2005 . 5 Office of The Clerk of Commission Lena J. Bonner, CMe Oerk of Commission Nancy Morawski Deputy Clerk Room 806 - Munidpal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 August 9, 2002 Fiscal Year 2003 Georgia Local Assistance Grant Recipient: ORGANIZATION GRANT AWARD Augusta African/American Historic $10,000 Community Enclosed are two copies of a contract between Augusta, Georgia and your agency regarding your Fiscal Year 2003 Georgia Department of Community Affairs Local Assistance Grant Award, which was awarded to you through the efforts of the Augusta- Richmond County Legislative Delegation. Please execute both copies of the contract along with the audit statement and return promptly to my attention. The city requires the execution of both documents before the release of any funds. Should you have any questions or need any additional information, please feel free to call me at 706-821-1820. ~~ Lena J. Bonner, Clerk of Commission Enclosures: Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis cc: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1. Attached is Copy State Grant Documentation for Q3-C-L-~tate Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an extemal auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. . 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. Name Edward McIntyre Telephone No. 706~724~6788 (Please print) ~ Signature~ \ Address 360 Bay S t r e e t, Sui tell, Au g us t a, Ga. 30901 . Page 1 t""".:'" " ;; Augusta African-American Historical Committee Financial Statement 12/1 0101 Assets: Cash on Hand CD's (3) Interest Sub- Total $3,032.38 7,035.29 10,067.67 Liabilities: None Total Assets minus Liabilities $10,067.67 Prepared by: Richard S. Burkeen "" ~ @ "" ..... ll\l c=> ...... I ,- ... ~ t;= 0..... Q." w" o:.c: zal O~ B2 cc.c: ~~ cc" 0:0 ~..... .. ..... o .. E :l Z Ql ... III C ~ u ~ o Cl J!l III U ... @ ..... ... ..... o ... tl!o o III II G.I III s:: II i II II tl: &; I (1) .:I: :lIO I: I: 1':1 I ~ E = o @ "'U" ~: GIg! Ulll =i!ll liE DyD I:@I EeE 0il!C:;:: 61 .. a:t UIlI" II II 1:8..... 000 :Iii" A.~ILUI"elll Ud!IlIA e 1':1" .. 1W..U.p :J1l-::J_l'f,II!.J:ll g i !: o.............1!S .....~~~~~~.c: "'MM..IltGlCll<)l ~""'''"IN""r: 00.........................@ ...""ooooo~ en c;.FQIIIc-P C - - ~ 'C ~ C @ w I> ~iUliiii 0...1"".."""", ~ III .. miii I: II OA .c:t!I tSill Qj; tom c .... II 0 flIlla Ul;a1G1.!:!>o aaB..:!:.. UC:Ul5t! ooo..t!lU ILDA~~U1 y S si c i -... 00 :i:..... &::0 Eo-... III III ell '" eo ..... il"fQI:3: 1Il:""~til G i C ~"'''''''I!I coo@ (:)...............~ ~t=mt: ..................0 ~:::~ c - - g 'C 01 C II w Ila .c@",,@:j ~~ ~ ~ c@@@ ~"""".... GIlD Cc 00 fg Gl It.. y.!1: C GI GI atoD: .. II II .!!!1Ia1 D.!I: D"- c:!: 0..0 "'~z ~ cc ~ e c z cc a: o ... C :l o E cc ... C!I ill a A Ql U C III jij [Q Cl C 'c C :l 0: CD .. ..: o .. ci ooiiiiiiiiiie OOGlooOGt ":1'':"1'8'" .....11I .. .... -- C'4lPll1 1ft ~- iii: llt .: 8' cO 11IM CD --~~ CDCDO""" ....CD...... ci chi ci ci ci Glen..""" 1DIDIDIDIDe cillillilli...... eCDCD CDMIII tlicoicoi CD III III MMO ......... CD M coi III o ... fi ~ "" M -It. , . -. .' Grant No. 03-C-L-22 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered'into this 1st day of July, 2002. 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") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 ) WHEREAS, the Department is authorized by the provisions of a.c.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 $10,000 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 returned 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: $10,000 Within twenty days of the Department's receipt of the executed Agreement. $10,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. .! 'i Grant No. 03-C-L-22 Page 2 of 5 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. a.c.G.A. ~45-10-20 through ~45-10-28 and a.c.G.A. ~36-67A-l through ~36-67A-6 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 Binding Act. The Recipient certifies that it is duly organized, validly existing 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 a. Monitoring 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 the Department, until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of a.c.G.A. ~36-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of a.c.G.A. ~36-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 8. Open Meetinl!s. 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 Agencv 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 perfonning 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. (I Grant No. 03-C-L-22 Page 3 of 5 n. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (H) has failed to complete all or a portion of the actions required under the Agreement; (Hi) 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, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. I, Sec. II, Par. VU. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City oj LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State [rom asserting noncompliance. 13. Entire Agreement. This Agreement 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. [Executions on following page] A Grant No. 03-C-L-22 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT FOR TIfE DEPARfMENT OF COMMUNllY AFFAIRS By: By:~6 LJJ~~ LauraJ. Meadows, Com~er Federal Employers 10 Number: 58-2204274 Attachments: Exhibit A, "Scope of Services" .. -" Grant No. 03-C-L-22 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County to contract for services with Augusta African/American Historical Community in Augusta-Richmond County to identifY historical locations. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementatiOIi. might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. Office of the Mayor Bob Young, Mayor Room 806, Municipal Buildjng 530 Greene Street, AugustaI' GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329, Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA TION " ' GRANT NO. ' " AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. ' 03-CL-15 $50,000 ARC Animal Control 03-CL-20 $15,000 Aug usta Ballet 03-CL-887 $25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food' 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 ' Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond Academy 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 Services CSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 African/American' Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, GEORGIA DEPARTlVIENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 . $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. eaUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper : Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ~C).41~ Laura J. Meadows Commissioner UMlja Enclosures Page 0'0'1 o.F 0'0'1 Vendor No: 0'0'0'0'0' 13727 Vendor Nama:. AUGUSTA/R ICHMo.ND C.o.UNTY INVOICE NUMBER C3-C-L-13 C3-C-L-14, .C3-C-L-1S C3-C-L-16: 03-C-L-17' C3-C-L-18 C3-C-L-18,T C3-C-L-19; C3-C-L-2D C3-C-L-21 C3-C-L-22 C3-C-L-23 C3-C-L-24, ' C3-C-L-25 C3-C-L-26' ' C3-C-L-27 C3-C-L-29 C3-C-L-3D C3-C-L-31 C3-C-L-886' C3-C-L-88," C3-C-L-1I88,: C3-C-L-89D C3-C-L-891~ C3-C- L- 892. C3-C'-L-893; . C3-C-L-894. C3-C-L-895' C3-C-L-896" C3-C-L-897' C3-C-L-898: C3-C-L-899' , '''-',:'' INVOICE DATE 0'8/13/20'0'2; 0'8/13/20'0'2 0'8/13/20'0'2' 0'8/13/20'0'2 0'8/13/20'0'2' 0'8/13/20'0'2' 0'8/13/20'0'2, 0'8/13/20'0'2 0'8/13/20'0'2 0'8/13/20'0'2' 0'8/13/20'0'2: 0'8/13/20'0'2: C8/13/2DC2~ C8/13/2CCX 0'8/13/20'0'2' 0'8/13/20'0'2: 0'8/13/20'0'2' 0'8/13/20'0'2, 0'8/13/20'0'2::, 0'8/13/20'0'2:" C8/13/2CD2~ 0'8/13/20'0'2' 0'8/13/20'0'2' 0'8/13/20'0'2, 0'8/13/20'0'2 0'8/13/20'0'2- 0'8/13/20'0'2 0'8/13/20'0'2 0'8/13/20'0'2' 0'8/13/20'0'2 0'8/13/20'0'2'; 0'8/13/20'0'2' STATE OF GEORGIA DEPARTMENT o.F Co.MMUNITY ~F~AIRL ATLANTA, GA BANK 110'0'-10'0'0' Check No: " Check Date:: Check Total: , 0'0'0'0'0'68381',; 0'8/14/20'0'2 $660' , 0'0'0' . CD ,:i; r ~~J , AMOUNT PAID GROSS AMOUNT DISCOUNT . ,TAKEN; 0'0'0'0.41613, 60',0'0'0',0'0' 0..0'0'; -, 60',00'0'.00' 0'0'0'0'41614: 25,0'0'0'.00' 0'.00': 25,00'0'.. CD 00'0'0'41616: 50',0'0'0'.0'0' " : 0'.0'0 50',0'0'0'.0'0' 0'0'0'0'41617 35,0'0'0', CD' 0'.0'0' 36,000". aD' 0'0'0'0'41619< 25,000,0'0 , . . 0'.00 25,000,. CO' 0'0'0'0'41621' 15,0'0'0'.0'0" ", ", 0'.0'0" , ' 15,00'0'.00' 00'00'4160'1- 10',00'0.0'0 0'.00' 10',000.0'0': .' 0'00041 624~ 10',000'.00 .'., 0'.0'0. 10,000.00': 0'00'0'41626; 15,0'00'.0'0' . - 0'.0'0, 15.0'0'0'.. CD 0000'41630" 10',000'.00' 0' .0'0" 10,000'.00: 0'0'00'41632: 10, ODD. CO', 0'.0'0" 10',0'0'0' .0'0: 0'0'0'0'41636: 5',0'00. CO 0' .0'0" . S, aDO . CO: 0'00'0'41636, 10,00'0.0'0> ,. ..... 0'.0'0' 10,000'.0'0 00'0'0'41638.. 5, aDO . CD, 0' .0'0' 5,0'00'.0'0' 0'0'0'04164 l' 5,0'00'.0'0' 0'.0'0':" 5,00'0'.0'0' 0'00'0'4'1583> . 5,0'0'0'.0'0' " 0'.0'0'.' 5:,0'0'0':. CO 0'0'0'0'41585; 10',000.00 0".0'0, .t.' 10,000.0'0 0'000'41587' 40,000'.00, 0'.0'0'; 40' , 0'00. aD; 0'000416991 50', COD. 00' 0'.0'0" 50",000,. CO': 0'00'041604;, . 16,0'0'0.00'; ;"',.' 0'.0'0':" 15', COO. CO'. 0'00041606:. -. .- 26,0'00'.0'0': , 0',.00'.' 2:,000 '. co:.. I ODOD416D9i 25,000'.00: 0' .0'0', " 25',000.00: I 0000'41620; 30, COD .00', 0'.0'0', ' . ~".., , 30',000.00:: 0'0'0041623.. 10,000.00 0.0'0 <.' 10:,000.00' 000'041627 30,0'0'0'.00': C.CQ.'. '.",,:-'. .- 30, COD. CO'; 000C41631~.: 26.000.00: ',0.0'0":' '",:',.." 26,00'0,. CO'; 0'0'0'0'41634> 16,0'0'0'. CO': 0'.0'0" .' .- 16,0'0'0'. CO'; 0'0'0'0'41637:, , , 20',0'0'0'.0'0' 0'.0'0"; " 20",0'0'0'. CO' 0'0'0'0'41640': 16,0'0'0' . CO': 0". CO': 16,0'0'0'. CO', 0'0'0'0'41644; 16,0'0'0.0'0' 0'.0'0'. 16',0'0'0. CO': 0'0'0'0'41647:- 25,0'0'0' . CO', 0".0'0': 26,0'0'0'.0'0': 0'0'0'0'41660'; 16,0'0'0.0'0' , ,: 0',0'0: 15" 0'0'0'" CC~ " , :.,' .- . '," .' -' l I 4 f 0- t,", " ......,~ "~I '~l :.~. '~I. '~I .~]: ......It ~I "'I ...-;; :~I ...jl ",~i! , ,oi'!! ,:ib 1: ."r';. l~ ~f~~ 14';2:0C2"';:~~~ , ClMc:k-Dato., ..~~ :"~~' ", .~..ff~:~~ .~ :.:. A'UGUS.TA\/R I CHMOND:; CO-UNiTyt ~l9; GR~E~E: STReiff:' " ct1}iJt~~. \;"<~'~ '. .... '~:flf~' ~NDRE;Dj,F I F!.Y~:~.o.USAND' ;~;:~.-;~t!i;.~,,:' .". ,t.:~:.~?;;/.."~~ ~~'.' ~1f~"&~oE:GE.Qa~fA\,.;'" liEP.~:~hWEN~aF: C~/tl"'UN.ri~N-!i1A;, i:t8.0,;,exeCU!li\llltE:. P.I\RK' SlltJ.TIf!h~..E;. '....'. ,,~.li1i' AiN.,~At tr~ 3Q32:9'iiS1;;;;"." ':t:~,.'" !U'., "J A~..".t:-- ,~:;:" . it'" : ?l~~'''''''''- ,. 00SS'381' ".;,Y, . :. "S~,N~5' .',: ....;~,~>$\i::}~~.~' ," ;" ,.,;S~}""',>r,~;/~~",.~.,' , :,', 7~~4. """~t;~ .__ ',;;:...' .,,"li.~: .VandCir'NOt\>,aoOo.O.'13727 '..; ~; t\ttl \~iJ',... tt.q:,(.'~:n :1." ',' '.~f~,.,', .~..~:itr~;:....... ,_t" ~;u.~~:(""l...1v" '1'~'~ 'i .. .\' :1. .'jtt:i\\:.-1.... .,;r"":'\".M\i1.-.... "",,:,' .'~,~ 'k~, MJJ~;.;:l;~~ . ,('~!i '. ,I ~. :, "r~~...;~~~j~ : *'ffi:'J"-~. ~~~ \'?Ji.,..~ f~ ", .,;, "~~ .... 'J : -, : ~~.t~11~" }~.~t;,...,' :f".HI $650,000.00 A'NO, CD,-It1Cp. ,",,****,"**~*!)[*.;~****'-~;r7Jii1r: '.. ':':..;,;.~l, ',,:,...* ":~~~.. ':,' ....7'~.~.';...,:";:;.~>y~>..~<., _':" .... "~..",,.,.... :..:).! .' Pay, Exactly ~~{:~?t.. '.'\~":\'''','' .V~1l; WACHOV IA BANk,;:-'" ~,:.I-..'...".. .....::,;,-...~~..+., ;~~,: :~- : ',;~t ."""""" "l~t~,-' 't~f' t.~\f ::~ ..;r.c'.,,,,,,~ II- 0 0 0 0 0 5 8 ~ 8 l. II- I: 0 b l. 0 000 l. 0 I: 0 7 0 l. 7 l. b 511- Office of The Clerk of Commission Lena J. Benner, 01C Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 September 5, 2002 Honorable Ben Allen, Representative Augusta-Richmond Legislative Delegation 1124 Laney-Walker Blvd. Augusta, Georgia 309012837 Dear Representative Allen: As requested, enclosed are the following 2003 DCA Local Assistance Grant Awards: AGENCY AMOUNT Lucy C. Laney Museum $5,000 Good Hope Social Services $5,000 CSRA Transitional Center, Inc. $10,000 AUQusta NeiQhborhood Improvement, Inc $5,000 Auqusta African American Historic Comm. $10,000 Shiloh Comprehensive Center $5,000 If I can be of further assistance, please feel free to call me at 706-821-1820. Enclosures: AUGUSTA-RICHMOND COUNTY COMMISSION 083780 .:, >, ,L':'::".'..,' ',:DESCRIRTJON:.: ':'. .' "~:, :F .. ..... .-.Y. o .':~.:.~ ':':,:,:P,O.:NUMBER':- :::INVOICE:NUMBER'> . :X" ~ .INVOICE'AMOUNT' .. , . "", ),'. .j:~::;.::~t?{#~:i~i~ i:~./~~:<~:::.':-::"'::: ::',NE"l?AMO U NT':':::::,: wOCAL ASSISTANCE GRANT AWAR D 03CL2 0 10 I 000 00 0 00 10 I 000 . 00 CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 0 8378 0 08/3 0/ 02 10 I 000 00 0 00 10 I 0 00 00 \' -. ,. II . , .. '"II :' I I , : I I I f II'~~~~I) I,;"~"'.,[I)~_I'< (~"'III~~,.l/- t'~r " ~. ;"'~~~ ~I~,!~:,~:",i" " I ~, ~UGdSTA~RrCHMO~'6 cOut<iiY , '... ~9MMISSI9N ",,", '",,, ,..' , ' . ROOM '1Poi,ACCOUNTINGDEPART,~Ef'-!~; ",,~' :r;t--i:', "" 1530,GREENE STREET I' ...1. l "I.' ~l~'"j '. KU. GlJSTA,,,GEORGIA., 30911."li ";.'~..",;(r,'10~",,' ..~. __' ..~', _.- . - '. .j'liI", < . I'" 1 III 1;',,"'"4- 'or r'PHONE:(706) 821-2334','" ',,'" ,II' "':1)'/\;" ~~~~ ~,' ~<, ~-,' ~~ i,I'F~ };II~"/ ~ "\tl',il~'>,,~I;I~i:I'I"/ -..l ; ~--'~-. ;~,~ ~. ::ijg~~(QA!-P;~01~J::&; ;;'1;~@!iil;q:KrN~a1'f;$.<;', " :1)~ ,/t: G8~}3 01'02 ;:<os3:;Js6<tS .,~:~~.,.,C~.}If ~11\.j.lll~l"tl' ----~ -. "'... I"., ',. .. I _..~'._'_ ... _ ...J 7 ~p- 64-022 610 p:-'~.: - ,I .j ~ . 'I .." -'~/ , , ' : \. ,,* * ** * * *,'!5/*if:*!* * *:~.*;'~ *t,*:*/;*,~ ~:** ~:*:,,;*:~;-b*~,*,i.~"\\!" *~:~~*;~*<$.:J- 0 I iJ .. . ~ '." .\~t, :;c~~) ~j; :fu2;;L "1~;:~; ,!I~(::i~t: f;tl fs:~}::i, T05954 , ,'AUGUSTA. AFRICAN<,liAMERICA::N':)"" ':._..-r_ "", ';'","'.~ "..,:tc' ">."""I"~.'lfl'I'~""., ',',".~,'," ~'''J''-,''I'''''';)'I. HI STORJ:c'.;, COMMUNI rY: :", ',. :~,~,) '--r'.':, , 3 6' 0' BAY' 's" ;'R' "'EE"T" I, ,;,".:" ',;~ '", '~"..:" ;:.r,~;, : ... _ ._,..~';. v." ":.ll~ ; jl':'~ -;':,!~.I~t~' :I!,;~'i-~~ 1::"" I,~,~;J/ AUGUSTA/,',c;A 309\0):' I 21:S','~;;,s," O'OOANbNO~,ENTS :.,,~I\~ ,~~~,~ I;::? <;<, > , '~2'~;;:) j t,~.; ~,'I' ,~' 1 \.r' ~ n I: t - , "" ,I ( 1"i1).)j.1~ II ,..-"rt'~ '::;" .~~,"'~~~' ': t ',:~:" "'\:~ \ '~"" I:" t,:r,", ':,~t ,~) 1,I'h:'.; VOld"A'~}~~,9o',DA~~"; " H '/ PAY .TOT-HE ORDER OF . ~-< { _:-::;~I ,--':~~" /Ciri'.j(J '~"~'" J50i /e,.""}':t'{I',,, "J,'''C/,''}.;. ,';,~;t">",, . ' '~'.\It./~,t,~'. ~7~ 0~~~~~'~~;~i'IJ', .: " ,~ ASSISTANT CO"MPTRo'LLER 'i)o! ':/:c :";'~" '~t _,(,.~..;~,i '_.,"'-'/':\I'~.,.' Iv.).,...; '.....~ 'I ' _ _ . l.f,"i.1,~ _. -;. 1 . ~ FIRST UNION NATIONAL SKNK' <"" AUGUSTA, GEORGIA ' ~ .......7""_ 1-,":.,1 .;,.l~; _<'~' . ',' .r.,., . " .r-.- 1'" , ' ./ 1110 B J 7 BOlio I: 0 b l. 0 0 0 2 2 71: 20 BODO 0 70 2 B 7 bill .. GEORGIA DEPARTlVIENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following , Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L.:.J 60 Executive Park Soutll, N.E. . Atlanta, Georgia 30329-2231. (404) 679.4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ~C).;J(~ Laura J. Meadows Commissioner LJMJj a Enclosures ,. ~-3 -C-L-~~ @ a ~ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $25,000 in Local Assistance funds for Augusta/Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds for operational funding for Delta House and Lucy Craft Laney Museum in Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers I. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, d~--). Laura J. Meadows Commissioner UM/ja Enclosure cc: Richmond County Legislative Delegation EaUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. - Atlanta, Georgia 30329-2231- (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT TillS AGREEMENT, made and entered into this K day of June, 2002, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and DELTA HOUSE AND LUCY CRAFT LANEY MUSEUM OF BLACK mSTORY hereinafter referred to as the "ORGANIZATION"); WIT NE S SETH: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUSTA a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of$25,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Fnnds, the ORGANIZATION agrees to perform the following services, which AUGUSTA has determined renders a substantial benefit to its citizens, to wit: To provide archives, and arts and science programs and for organization support. AUGUSTA has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 ., r Police and fire protection; r Garbage and solid waste collection and disposal; r Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purification, and distribution of water; r Public housing; r Public transportation; ,/ Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUSTA has agreed to provide the State with any information, documents and/or photographs that AUGUSTA, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or fmancial statement of AUGUSTA and any future audits or financial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUSTA documentation of Fund use or a copy of audited fmancial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved findings of AUGUSTA concerning expenditure of the Funds, whether based on an audit report, financial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such fmdings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even ifsuch claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUST A the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. g 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. g 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under g 501(c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article I, Section 2, Paragraph 7: ''No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of LaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as defined above. 10. AUGUSTA may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of termination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be determined the Grant from the State to AUGUSTA is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUSTA any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: DELTA HOUSE AND LUCY CRAFT LANEY MUSEUM OF BLACK HISTORY 1.. r~ P~0 ~-- +f~__ GA "3.09l/ , IN WTINESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. DELTA HOUSE AND LUCY CRAFT LANEY MUSEUM OF BLACK HISTORY GEORGIA ORGANIZATION By: Cfr~~ t.~ O\~ .- :~.. -^A..~y: As its ' '. ~ h( qr AUGUSTA, ATTEST: Title: Sworn to and sub~bed be ore me this ~ day of ,2 02. Notary Pub c My CorJ)ion E~ireH. " 7 - !-" DD~ " - '-" - -' t; ~~ -:r. '7 Jf . w"L?:' . ! ~;' ~ ...IH 5 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure infonnation to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L.:..I 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ~c).;J(~ Laura J. Meadows Commissioner UM/ja Enclosures AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY ATTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDy CHEEK BOBBY G. HANKERSON WILLlAIII B. KUHLKE, JR. WM. "WILLIE" H. MAyS, III STEPHEN E. SHEPARD MARION WILLI AlliS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus, (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Adrninistrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: DELTA HOUSE AND LUCY CRAFT LANEY MUSEUM OF BLACK mSTORY From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local' government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. AUGUSTA-RICHMOND COUNTY COMMISSION JAMESB. WALL CITY ATTORNEY LEE BEARD TOMMY BoYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS . BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus, (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Adrninistrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: DELTA HOUSE AND LUCY CRAFT LANEY MUSEUM OF BLACK mSTORY From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis CC: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1 . Attached is Copy State Grant Documentation for ~C-L~ State Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. (-5 n;J~ t1/LCC-e - SSm Name ~ ~ /~honeNo. l.:{f~ S57~ (Please ~rint) . ~ . Signature ~ ~ ~ Address /f/G f~rv-- ~ o Page 1 .' ? ~ Grant No. 03-C-L-888 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS TffiS AGREEMENT entered into this 15t day of July. 2002. 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") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of a.c.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 $25,000 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 returned 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: $25,000 Within twenty days of the Department's receipt of the executed Agreement. $25,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. ., Grant No. 03-C-L-888 Page 2 of 5 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, a.c.G.A. ~45-10-20 through ~45-10-28 and a.c.G.A. ~36-67A-1 through ~36-67A-6 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 Lee:a1ly Binding Act. The Recipient certifies that it is duly organized, validly existing 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 a. Monitoring 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 the Department, until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of O.C.G.A. ~36-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of O.C.G.A. ~36-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 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 Agency 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. . :' if Grant No. 03-C-L-888 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (1) has failed to comply with the terms of this Agreement in a timely manner; (ii) 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, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly. in aid of any church, sect. cult, or religious denomination or of any sectarian institution." Ga. Const., Art. I. Sec. II. Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). ''The term 'church' is one of very comprehensive signification. and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it. and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire A!!reement. This Agreement 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. [Executions on following page] <oF ~, Grant No. 03-C-L-888 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS By: <lA~~G Mayor I rpI BY:~S AA~~ Laura J. Meadows, Co~oner Federal Employers ID Number: 58-2204274 Attachments: Exhibit A. "Scope of Services" 'C .. Grant No. 03-C-L-888 Page 5 of 5 EXmBIT A The Local Assistance Grant shall be used by Augusta-Richmond' County for operational funding for Delta House, Lucy Craft Laney Museum in Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for serVices by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. · To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. · It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. Office of the Mayor Bob Young, Mayor Room 806, Municipal Buildjng 530 Greene Street, Augustar GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329. Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA TION - . GRANT NO. . . AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. . 03-CL-15 $50,000 ARC Animal Control 0;3-CL-20 $15,000 Augusta Ballet 03-CL-887 $25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 . Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond Academy 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 Augusta Neighborhood 03-CL-26 $5,,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 Services CSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 African! American' Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. GEORGIA DEPARTlVIENT OF COMMUNITY AFFAIRS Laura Meadows COrvlMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following . Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L..26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 GrantNo.03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. eQUAL HOUSING ~ OPPORTUNITY J..:J 60 Executive Park South, N.E. . Atlanta, Georgia 30329..2231' (404) 679-4940 www.dca.state.ga.us An Equal OpportttlLicy Employer @ Recycled Paper Page 001 OF 001' VQ1ldor No: 0000013727 Vendor Name:. AUGUS T'A/R ICHMOND C.OUNTY INVOICE NUMBER 03-C-L-13 03-C-L-14, . 03-C-L-15. 03-C-L-16' 03-C-L-17 03-C-L-1a 03-C-L-l/f.7' 03-C-L-19, 03-C-L-20 03-C-L-21 03-C-L-22 03-C-L-23 03-C-L-24; . 03-C-L-25 03-C-L-26' 03-C-L-27 03-C-L-29 03-C-L-30 03-C-L-31 03-C-L-886' 03-C-L-88'T' 03-C-L-1I88,: 03-C-L-890' 03 -C- L- 891, 03-C-L-892. 03-C~L-893: :03-C-L-894, 03-C-L-895, 03-C-L-896. 03-C-L-89?;' 03-C-L-898. , 03-C-L-899~ STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFA.IRS, ATLANTA, GA BANK 1100-1000 08/13/2002; 08/13/2002' 08/13/2002' 08/13/2002. 08/13/2002: 08/13/2002' 08/13/2002. 08/13/2002' 08/13/2002 08/13/2002' 08/13/2002: 08/1312002', 08/13/2002 08/13/2002: 08/13/2002' 08/13/2002,' 08/13/2002' 08/13/2002: 08/13/2002: 08/13/2002' 08/13/2002' 08/13/2002' 08/13/2002 08/13/2002" 08/13/2002' 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002' 08/13/2002' 08/13/2002' :c:~~ ;:-:*f "~'~...,';.~.' ":-1'. ..,- l ~ ;I~r WACHOVIA BANK."~; , , ;"'-'-':. ,'...:ll:'~-/;:::'.~~,"l"""1 ;,:iit, 'th' : ::i~.' ~,.,. 000041613. 000041614~ 000041616::. 0000416t7 000041619 000041621' ' 000041601 000041624 000041626~ ' 000041630' 00004.1632: . 000041636': 000041636' 000041638; 000041641 00004'1583 . 000041585; 000041587: 000041599' 000041604': . 000041606' .!. 0000416091 ' 000041620: ' 000041623, 000041627' 000041631, 000041634. 000041637" . 000041640:' 000041644: 000041647~ 000041660:, , GROSS AMOUNT 50,000.00 25,000.00 50,000.00 35.000.00' 25,000.00 15,000.00' 10,000.00 10,000.00 15,000.00 10,000.00' 10,000.00. 5,000.00 10,000.00: 5,000.00 5,000.00, 5,000.00 10,000.00 40 , 000 . DO: 50,000.00 16,000.00.' 26,000.00: , 25,000.00' 30,000.00 10,000.00 30,000.00: 25.000.00. 16,000 .OO~ 20,000.00 16,000.00' 15,000.00-: 25,000.00: 15 , 000 . 00. DISCOUNT' . TAKEN ',. "" 4 " ....< ":1," :1, .' .,' ,',. ~"'..;::'> t..:'. t~;;.....~""';'......'...,;'::..;~ . ~~, "";~.v"i~.'..' f- ,.f,\~.:'~;.;:'.,. ~~:S~~"t~.OE:GEOR~~~~',) .. '~P'~~,'tM~Ol':'.C~MM~N'I~~A; . , . '..,EiO.,-,E'X'ECUili.lrv,e., PARK SOt/.tAllf~..E;... .. c' ~:'~~'l1l:: ,G'1t; 3Q3:z.9' t.,':l':,' '\~~":K """'~:"'s . ... ..~ .t*;S;; . ~.. ;~, ~.., if 'i~f> , .J!~ "~.~~r,.~.-' 1110000058 :38 ~1I1 1:0 b ~oooo ~ol: 07 0.7 L. b Sill :1 .:.J Check No:. .. . Check Date:: Check Total: 0000058381 '. 08/14/2002 '. $650,000.00 ;:~ ;~ . (.j AMOUNT PAID 0.00, 0.00, '. . 0.00 0.00 0.00 0.00' 0.00 0.00 0.00. 0.00' 0.00'- 0.00 0.00" .:.. 0.00,.. ". . . 0.00" . 0.00. 0.00," 0..00:. 0.00' 0.00" 0..00: 0.00;: . 0.00: 0.. Ocr. .0:.00:. . . .' g.: gg: ~ ,. , '..... 0.00: ' 0'.00' 0.00, 0'. OO~ 0.00, . :,.,.: ," 50,000.00 25,000.. 00' 50,000.00' 35 000' 00: . 25:000:00 15,000.00. 10,000..00. . 10,000'.00 15,000.00 10,000'.00' 10,000..00 5,000.00. 10,000.00 5,000.00 5,000.00. 5:,000:.00' 10 000 00. 40' 000' OO~ 50: 000 : aD: 15,000,,00 2E , 000. 00..: - I 25,000'.00: 30,000.00' 10:,000.00' 30.,000.00: 25,000,.00: 15,000.00: 20',000..00-: 16,000.00, 16,000.00: 26,000.00: 15.., 000:.. OO~ I J l j ~ ! I .' !: """.,..:iI ~~ :ii 'nl ..:~ '~ "'" ~I JI .~~~ l;j Jbt "~I $650,000. 00 ;~I ~~! . ...\! ','}i'l ,J! ~.~~; . .~~. ':,;'; .':. ': .~, - , '.'~ ',r.' ',: . ':,,:-~ .~ ;'" -.."I:'..,..v..... '11' <1' ~'~i' .,~,.~~ .o;<r~.;::.;~::.....- ._.:J: T'a, CI 'k' ,;!; !f"'....,_"._.';:.r-",..~.,....'.!l"i' ,.. '1 " ~ -:: :!r<' II!} ~ ,e ~ r ~ If (;. - '!: ;,,, " ~ · ': ,~ " ,~"".., ~ "'!l :. j,dJ;.~"'h:P ~"' ~. VB ~.....,..tJ_tl.:lI....t1.:f,.r....~...~,....1 Lena J. 8o'1r:er 1 cr.J!c Clerk tJf ~::or.1mi~jcn r'~anc'l ~V!tJrav.;~ki Deputy Clerk Room 30G- ML:I-,!cipai oEJilding 5.30 G:-!~ene 5tr2etF' AuGU~;TAr (~~- J09tt (706) S21.,13L,j - !=AX (7')6; 821.-1823 September 5, 2002 Honorable Charies W. \Nalker, Senator Augusta-Richmond Legisiative Deiegation P.O. Box 1282 Augusta, Georgia 30903-1282 Dear Senator \^I a!ker: As requested, enclosed are the foilowing 2003 DCA Local Assistance Grant Awards: AGENCY AMOUNT I Auqusta Mini Theater $50,000 I ! Auqusta Mini Theater $50,000 ! Southside Tutorial Proqram $20,000 I I Lucy C. Laney Hiqh School $15,000 Richmond Academy $25,000 Auqusta Ballet $25,000 Delta House $25,000 . -- Golden Harvest Food Bank $10,000 Delta Leadership Traininq Proqram $30,000 Souths ide Tutorial Proqram $20,000 If I can be of further assistance, please feel free to call me at 706-821-1820. Enclosures: AUGUSTA-RICHMOND COl)NTY COMMISSION 083914 ..,........-:.. .' ',"'i.i'.C'.';'-. .\DESCRIPTION\ .;' .).< :{}{Y:/~'. ~::';-' "'-. ;~::::.: . :::-;.:~;;::-:;~.:;.~~: "'.:P.O.'.NUMBERi.. <; INVOICE'NUMBER, ~~" INVOICEAMOUNTi::::t}', -:;.:.~, .:':,.,:,:: ;,~;::;:.:::.:&:~;:~,:.,: :;+:.:::-- """ ',,::NET'AMOUNT,;~c).):. ~RANT 03 CL8 8 8 2 5 I 0 0 0 0 0 0 0 0 2 5 I 0 0 0 0 0 , ,- CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 0 8 3 9 14 0 8 / 3 0 / 02 2 5 I 0 0 0 0 0 0 0 0 2 5 I 0 0 0 0 0 ,. II . , I' "11 :' ./ ~I:'.~I, ~/.i ,. t':'..l':I'-""<',',!",~ '0' ",t.'J~'i t ll:J ~MII.~,....'" , I " 0 ~, ,":"-"',1.,,',,,,, ' ,...,,1:,. .':: ..,,/.,1J'''~' ~.yl"'.".,,'..ti,'.". "~A[JGUSTA~RICHMOND COUNTY CRM.MISSlpN --":'0 ':', ,':,. ~OO~ 105, ACCOUNTING DEPA~:!iIi"ENT1" '-:.~~,~ .:, . 530iGREENE ST~E;.ET """" , :.,,:; t~':bi"~' . '~AUG,USTA"GEORGIAI~0911': ~'P;:' .;;; ~e~i . :,:'PHONE,(!06) 821-2334,1,:\/>: ':<1:" :I~, i;",::~,~t, , . < 1",,,;)':;':~"II""\' .1,"'I:"..,:/I~.' 1'.--" ""~. r '.. rr" . 64~22 610 (:T:';"~~ d~,II"'I"'':'''' . "\i:~, ", ~ ,'. "i~'" i~~s~~t~~~1~~Tt1AMQ~gN,mWm~:~17~]~ !,IIt',,".,i1':,'.t'll"~:j . t',/)'j <IIII,"::~~_ :t'.A:I:",:;l '*i* $'2;5 0 O,01::o,(i)!:'i"'"'~",:",,, ,"'_~.,,,,,',./., :J:;' ~1,:."'~\4t ,I',,~~~'l'I:tl 1 ......, 'J'., . ~/;~~, r. ,~;r -. :':>:084'~(14 -'~g .- \;,;1ittq)i~P~'LN9J@1tf@ 01' 1',. '* **** * *,*,* * *.** * *.*** ***,*"*r.*,* * * * *\* * *<*"*-**'*1,,*1*,-** 79*'1*-* * $,12 5 J ~ ~ :. _ r'1; I " t,.~:;-r"y\"" 1 '\I'IL:l, ~~1tt1.lll ",' ,U ",'~ 't1f, j. I' I, ;'c." 1 :ly"" .. ' J'" I~ ~ ~"'_ -, ~f.,,~'$ -l"j/;~, '.r_-JI ~','. ~ ~~ tW ~ I ,\~II" 111~1...F.',r V;.~~ {I~:tl "I J >-: -' .;--,:, 7(f~ ~ L'&" ..'-=j.! '. t~,1i",\'T~~ I ~\l~.r .' ~~,.lr >..; I~:\ ";,,I.!r' ,~it\k r_,t'-./ .."~ ".f-C~-r ~ji'-Al.lfl,:~-_.,,;;', . ":"""(~:;.r'-' ,':;C~~"" . ~"il' ,u'i"'"J ~1"{)I~,:,.,'f",I"dll'" ;~~,. ,.-}I,-__~:i-.o;1;: :~1\Y".F"''''~-("''-' ~'~l'~-,-~u:'. ,. ,'::!-'oo1r~ ~d~,'/ 'filld''.~~~ \(-'~ ',!u'","'.' '.....t'iE~~'" ~~;-:~/.:-)..". :~...~:~~..;. ", .. :':t'flllt~)~~.., . "I'~~411~',,~,~/"., 1:~'~,lr I~,J'~"..,I' O!O,O~NO'CENTS ;~t,,,~;:F';~~:j' /.. -::-~'."/ill ,;..",,"'1' 1 ,i".',.': -,' . ,,"i1"I"':;7"':~~ P'~f,""'~f,"".",t"", ~'/ '.':~rl II~I~ "f'I~I' ,u/,I~;lr' :~,,{I."'I "J)h;"~~"~' _~pa,,~)r l~'I,I/'.A '<:"!L~Iu'1 \' .:I,.~ : I 1",1/ ~(tt"'i(. jlIII"~''''1 -~ri;l::':i1;: 'l~'~Y'f.J 't~,>",.,:;!:,/ :::':'_ ~~,~ ,"""I~ ,,;..". ,~:{ 1'111/:';',,1 ,ri/~ dl;J.-~;IIP';~.rf ",ri "I~"!VOID'AFrER'90 DA:fSI;. (~':k~~:I?' ... ~,d ,r . " " .. " ..... ,,,I... ... " . .\.J: "',' . , , ~ PAY TO THE-. 'OR'DER " OF ,T04227 ~DELTA HOUSE"~&J~:WOY . " :. _.','.' ~ ,',:' , ,',', 1-.11 " LANEY MUSEUM >;'::i.:."C . I. ""', . 1116 PHitnlPS ST~ AUGUSTA/"~GA 3 0'9;0'1 f:.?'A'RrT. r-. :,c""l i>', I'~ 1,." ,'''f,,~' ~II'~ ' t, (l~ (;',~"I~~~~"; .:~, .' '1>',0' ~;~., .<." , t!;; 7tJ ,.' "'J" ." ~--TT' , . ~;,P"r""_ " J~;2'):~' hr~'~'f'I'tr~:t~ A'1J~""'r. ~r:r\~~~.i:,' " :,~~~~~. ~,L~:~/Y1/~~~fI4}: .9;P/ ~~;p?:~"~~,;'t,l~ '_' J ; ,"ASSISTANT COMPTROLLER, :' :-<,1 .::;n/ J:';J " ,"~',r;:rl~~.t,'~~~ ~:'f~..."~'.~~.", ,i:,:lt~.~. (~;l.: { ,,' FIRST~ciNION Ntl..tl()N~[' BAN'14 AUGUSTA, GEORGIA. ,j - ~ ~ ~.'~~~-: ~;~ III 0 a ] 11 ~ ~ III I: 0 b ~ 0 0 0 2 2 7 I: 20 aDo 0 0 7 0 2 a 7 b III .. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No, 03-C-L-22 Grant No. 03-C-L-23 Grant No, 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 GrantNo.03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 GrantNo.03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EaUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper ~ . Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ;;;;;l C).;Jf~ Laura J. Meadows Commissioner uMija Enclosures ...,.: i. ~, 03 -{'-L-.;JJ @ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E, Barnes GOVERNOR July 1,2002 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $5,000 in Local Assistance funds for Augusta-Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds to contract for services with Lucy Craft Laney Museum in Augusta-Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers 1. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, d~~). Laura J. Meadows Commissioner LJM/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L.:.J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679.4940 www.dca.state.ga.us An Equal Opponunity Employer * Recycled Paper ",-'":t .~ Grant N~. 03-C-L-27 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 15t day of July, 2002, 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"). \V!IEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of O.C.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 $5,000 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 returned to the Department. no later than completion of the project. 3. Disbursement of Funds. Subject to the availability of funds for such purpose, the Departm~nt shall pay the Recipient in accordance with the following payment schedule: $5,000 Within twenty days of the Department's receipt of the executed Agreement. $5,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. ':' Grant No, 03-G-L-27 Page 2 of 5 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 945-10-28 and O.C.G.A. 936-67 A-I through 936-67 A-6 and that the aforementioned parties shall continuously comply with the same throughout the tern1 of this Agreement. Additionally, the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Legallv Binding Act. The Recipient certifies that it is duly organized. validly existing 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 a. Monitoring 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 the Department, until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. l11e Recipient agrees to comply with the terms and conditions of O.C.G.A. ~36-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of O.C.G.A. 936-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 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 Agencv 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. ,', \ , ,~ Grant No;, 03-C;-L-27 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) 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. ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution. "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectalian institution." Ga. Const., Art. I, Sec. II, Par. VlI. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City oj LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief i'n God or otller supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision .of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement 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. [Executions on following page] 14. ....." Grant No,.. 03-C-L-27 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT ~(~~ By: Federal Employers ID Number: 58-.d~~;J '7<f' / Attachments: Exhibit A, "Scope of Services" FOR THE DEPARTMENT OF COMMUN11Y AFFAIRS By: ~LNl-A ~ vl-~~ Laura J. Meadows, c~oner .~" ~'~ Grant No~ 03-CwL-27 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County to contract for services with the Lucy Craft Laney Museum in Augusta-Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 August 9, 2002 Fiscal Year 2003 Georgia Local Assistance Grant Recipient: ORGANIZATION GRANT AWARD Lucy Craft Laney Museum $5,000 of Black History Enclosed are two copies of a contract between Augusta, Georgia and your agency regarding your Fiscal Year 2003 Georgia Department of Community Affairs Local Assistance Grant Award, which was awarded to you through the efforts of the Augusta- Richmond County Legislative Delegation. Please execute both copies of the contract along with the audit statement and return promptly to my attention. The city requires the execution of both documents before the release of any funds. Should you have any questions or need any additional information, please feel fr~e to call me at 706-821-1820. Lena J. Bonner, Clerk of Commission Enclosures: AUGUSTAbRICHMOND COUNTY COMMISSION JAMES B. WALL CITY A TIORNEY LEE BEARD TOMMY BOYl.ES Ul.MER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WIl.l.lAM 8. KUHLKE, JR. WM. "WIl.l.lE" H. MAYS, 111 STEPHEN E. SHEPARD MARION WIl.l.lAJIIS BOB YOUNG Mayor P.O. Box 2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWAU.@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: LUCY CRAFT LANEY MUSEUM OF BLACK mSTORY From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. L~ ~L~~ tJ! g'tad~~ ad ~ ~ 1116 PHILLIPS STREET &- AUGUSTA, GA 30901 &- 706.724.3576 Voice/Fax August 26, 2002 Lena J. Bonner 530 Greene Street Municipal Building - Room 806 August~ GA 30911 Dear Mrs. Bonner; Enclosed you will fmd the signed copies of the fiscal year 2003 Georgia Local Assistance Grant. If you have any questions or concerns, please feel free to call us here at the museum. Sincerely, ~L~ Christine Miller-Betts, Executive Director Lucy Craft Laney Museum of Black History cmb/kpj AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY ATTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLlAl\1S BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administralor RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: LUCY CRAFT LANEY MUSEUM OF BLACK mSTORY From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concem is for funds for a grant to a local govemment for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supematural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this K day of June, 2002, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and LUCY CRAFT LANEY MUSEUM OF BLACK mSTORY hereinafter referred to as the "ORGANIZATION"); WI T NE SSE TH: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUSTA a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of $5,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perform the following services, which AUGUST A has detennined renders a substantial benefit to its citizens, to wit: To provide archives, and arts and science programs and for organization support. AUGUST A has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 r Police and fire protection; r Garbage and solid waste collection and disposal; r Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purification, and distribution of water; r Public housing; r / Public transportation; Libraries, archives, and arts and sciences programs and facilities; r Tenninal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUSTA has agreed to provide the State with any information, documents and/or photographs that AUGUSTA, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or financial statement of AUGUSTA and any future audits or [mancial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUST A documentation of Fund use or a copy of audited financial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved fmdings of AUGUSTA concerning expenditure of the Funds, whether based on an audit report, financial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such findings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUST A has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUST A, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under g 501(c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article I, Section 2, Paragraph 7: ''No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of LaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as defined above. 10. AUGUSTA may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of termination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. II. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall ternlinate should it be determined the Grant from the State to AUGUST A is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUST A any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION ) l 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: LANEY ~UM OF BLACK HISTORY IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. LUCY CRAFf LANEY MUSEUM OF BLACK HISTORY ORGANIZATION By: ~t:v~ ':'~ M;ffi~~< ATTEST: Title: .M ~ ~ Sworn to and subscribed before me this _ day of ,2002. Notary Public My Commission Expires: 5 Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis CC: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1. Attached is Copy State Grant Documentation forcS.-C-L-~ State Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. Name CH1u Srl~G N I LLe---e.tJl:telePhone No. 7 ~ 4-.- ~S7(...... (Pleas~~nt). ~ Signature ~ ~ )~~ - ~ Address_4-qct1 ~ 2J) . G~+-o-u..)y\ 1 G Vr- ~ ~ I :3 . Page 1 Page 0.0.1 OF 0.0.1 Vendor No: 0.0.0.0.0. 13727 Vendor Name: AUGUST'A/R ICHMOND C,OUNTY STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIR~ ATLANTA, GA '. Check No: :. '. Check Date:; . Check Total: : INVOICE NUMBER C3-C-L-13 03-C-L-14 03-C-L-15' 03-C-L-16' C3-C-L-17' C3-C-L-18 03-C-L-187 03-C-L-19' 03-C-L-2C 03-C-L-21 03-C-L-22 C3-C-L-23 03-C-L-24, C3-C-L-26 03-C-L-26: . 03-C-L-27 03-C-L-29 03-C-L-30. 03-C-L-31 03-C-L-SS6' 03-C-L-8S'r 03-C-L-lISS' 03-C-L-S90. 03-C-L-S91' .C3-C-L-S92.' C3-C-L-S93: C3-C-L-S94. C3-C~L-895'. C3-C-L-896.. C3-C-L-897" 03-C-L-S98. . C3-C-L-8991. INVOICE DATE 0.8/13/20.02' 0.8/13/20.0.2 08/13/20.02 0.8/13/20.0.2, 08/13/20.0.2. 0.8/13/20.0.2 0.8/13/20.0.2, 0.8/13/20.0.2. 0.8/13/20.0.2. 0.8/13/20.0.2' 0.8/13/20.0.2' 0.8/13/20.0.2' 0.8/13/20.0.2 0.8/13/20.0.2: 0.8/13/20.0.2 0.8/13/20.0.2;' OS/13/20.0.2~ CS/13/2C0.2, CS/13/2C02, 0.8/13/20.02' CS/13/20.0.2' CS/13/20.C2 CS/13/2CC2' 0.8/13/20.0.2:' 0.8/13/20.0.2 CS/13/20.0.2' OS/13/2C0.2 OS/13/2CC2 0.8/13/200.2 0.8/13/20.0.2' CS/13/2C0.2" CS/13/20.C2, "..; BANK 110.0.-10.0.0. GROSS AMOUNT 50. . 0.0.0. . DC' . 25,0.0.0..0.0. 50.,0.0.0..0.0. 35,0.0.0..0.0. 25,0.0.0..0.0. 15,0.0.0..0.0. 10.,0.0.0..0.0. 10.,0.0.0..0.0. 15,0.0.0..0.0. 10.,0.0.0..0.0.' 10.,0.0.0.. Co., 5,0.0.0..0.0. 10.,0.0.0..0.0. 5,0.0.0..0.0. 5,0.0.0..0.0. 5,0.0.0..0.0. 10.,0.0.0..0.0. 40. 0.0.0. Co.' 50.:0.0.0.:0.0.' 16,0.0.0..0.0..' 26:,0.0.0.. Co.. , 25,0.0.0..0.0. 30. ,0.0.0. . Co.. 10.,0.0.0..0.0. 30. , 0.0.0.. Co.; 25,0.0.0.. Co.: 15,0.0.0. .0.0.: 20.,0.0.0..0.0. 15,CCC.CCC 15,0.0.0..0.0. 25,0.0.0. . co... 15,0.0.0..0.0.' 0.0.0.0.41613. Co.CC41614~ 0.0.0.0.41616'. 0.0.0.0.41617 0.0.0.0.41619. 0.0.0.0.41621 . 0.0.0.0.4160.1 0.0.0.0.41624: Co.o.0.41626~ 0.0.0.0.41630. 0.0.0.0.41632, 0.0.0.0.41635; 0.0.0.0.41636. Co.o.0.4163S:. 0.0.0.0.41641 0.0.0.0.415 S3' . 00.0.0.41585: 0.0.0.C415S7: 0.0.0.0.41699; 0.0.0.0.4160.4, . 0.0.0.0.4160.6' 0.0.0.0.4160.9; o.CCC4162C~ ' 0.0.0.0.41623, 0.0.0.0.41627' 0.0.0.0.41631\. 0.0.0.0.416341. 0.0.0.0.41637: 0.0.0.0.41640.; 0.0.0.0.41644; Co.o.C4164.7~' 0.0.0.0.41660.; '" ~'2~. ('~:r~~:; , )~ "T<.. M~ .....d~:~,C2 .,~ . . , ~~.~. . ..... ...... ;p;~ to;;;~'o~~\US,':i~/R I ~H~~rif:' COUNin:.r " <'. . ;,r~ ~~9'; GREENE, STRE;ET' " J"'~::, ~., "':~~~~/ff~' .;!:;~~~~ ."",)~,~'/' Pay ExacUy SJJ<<17HUNDRED, FIFTY.,,:;tHOUSAND' .:~,~~~~ :. ,1' ".~~._,. ~fj, WAC H cv IA Bi~k..-\f;' .: . ~.... '--'.~" .' .....:::r:'7:J.'~...t:"3Z:.'i::'~:.. "." -\. :~i' ; ....?:~~.:. . . '~.. .'.~. ." "'~~~"" "1!"" ~~l~.' '.~':O- '... DISCOUNT' -TAKEN C. co.: 0..0.0. 0..0.0. 0..0.0. 0..0.0. 0..00': 0..00 0.0.0.. 0.0.0. 0. .00.' 0.00; 0.0.0.' o 00. '. 0: 00 ;". o 00.... 0: 00::.:', 0.00.' 0,.00. 0.00'. 0.,.00.:'" 0..00.: 0. .0.0.:. 0..00. ".0..00:. . . .' 0.:.00.:. ",' . 0..00:' C. OC~ , 0..00.; '. c'. Oc~ ' 0..00., 0..00.' 0.0.0.' ",'1'1' . : . ;,'\.' o.Co.o.0.5S381 '.: 0.8/14/20.0.2 $650. , 0.0.0. . Co.: , AMOUNT PAID 50.,0.0.0..00. 25,00.0..00.' 50.,0.0.0..0.0. 35,0.0.0..00. 25,0.0.0..0.0. 10,0.0.0..0.0. 10.,0.0.0. ..00.. 10.,0.0.0..00. 15,0.0.0..0.0. 10. 0.0.0. 00.: 10.: 0.0.0. :00.' 5,0.0.0..00. 10.,0.0.0..00.: 5 0.0.0. 00. 5:0.0.0. :00.. 5,0.0.0... Co.' 10.,0.0.0..00.. 40. , 0.0.0. . co.: 50.',0.0.0.. CO.:. 16,0.0.0... Co.: , 2E !lOo.' Co,-. 25: 0.0.0.': 00.: . I 30.,0.0.0..0.0.\ 10.:,0.0.0..00.' 30..,0.0.0..00.: 25,0.0.0.,. co.. 15,0.0.0..0.0.: 20.',0.0.0.. Co. 16,0.0.0.. Co., 16,0.0.0.. Co.: 25,0.0.0..00.: 16-,0.0.0... Co.; ,'.t-, "'1 ~~: !. :~ ii, :11l' ~ .,~ ~l .:;, :~l "='1' .~I ',~l ':~I ",~ ',~I ..,1 ."~I ;-~i ',''3' IJ .;' ....:;.:,':,' :.'f~:~~:'.v~.:iici~90q'13 727 t ,If.<..,. .1"~ . ""'l/',:-l "'~'~{\o'''-' " '2~1\.,' '~~r:d' .......... .~~. ,.;}..;,;.,. "'" $<1:" . ."~"'~ ..~'~;:f~;;.~f ..,~_ . ~.~~65C,o.o.C.CC V~t~ days ~~~ (~ ~~kti1 .,~~~ 11-0000058 :38 1.11- 1:0 b 1.0000 1.01: O? 0 I.? ~ b 511- ..~; :,I;'f "~:,:J:"~ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EaUAL HOUSING ~ OPPORTUNITY L.:.J 60 Executive Park South, N,E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper Honorable Bob Young August 20,2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ;;;l C).;J(~ Laura J. Meadows Commissioner uM/ja Enclosures Office of the Mayor Bob Young, Mayor Room 806, Municipal Buildjng 530 Greene Street, Augustar GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329. Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA liON GRANT NO. AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. . 03-CL-15 $50,000 ARC Animal Control 03-CL-20 $15,000 Augusta Ballet 03-CL-887 . $25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food. 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 . Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond Academy 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 Services CSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 Africanl American Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Office of The Clerk of Commission Lena J. Benner, Cf'1C Clerk of Commission NancY Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 September 5, 2002 Honorable Ben Allen, Representative Augusta-Richmond Legislative Delegation 1124 Laney-Walker Blvd. Augusta, Georgia 309012837 Dear Representative Allen: As requested, enclosed are the following 2003 DCA Local Assistance Grant Awards: AGENCY AMOUNT Lucy C. Laney Museum $5,000 Good Hope Social Services $5,000 CSRA Transitional Center, Inc. $10,000 Auqusta Neighborhood Improvement, Inc $5,000 Auqusta African American Historic Comm. $10,000 Shiloh Comprehensive Center $5,000 If I can be of further assistance, please feel free to call me at 706-821-1820. ~ :IY yours t7~{0. onner Clerk of Commission Enclosures: . AUGUSTA-RICHMOND COUNTY COMMISSION 084087 <;:',{.:, , .,;. /"~"~'. :':DESCRIPTION: '~~~;::'" :"::v' .. ':~' ..::'.~ , ";~::Y~: :i:P.O>NUMBERV {dNVOICE-NUMBERh ~~'::.,-;::' INVOICE'AMOUNT:;:"?',',:' .... ',/~::'::l" " ;."~: "'... ::"';"';~ ",i"W:"i:NET<AMOU NT,::::i:':' r:;RANT 0 3 CL2 7 5 f 0 0 0 0 0 0 0 0 5 I 0 0 0 0 0 CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 0 8 4 0 8 7 0 8 / 3 0 / 0 2 5 f 0 0 0 0 0 0 0 0 5 I 0 0 0 0 0 I * * * 'IJ.*;'i< *:!",'f* *'-~.*'** *:~, *c * *:ic~.:t, *:*t{~~*'*i~~~* , '{~~Y .. ~'" ~,,-.:,:t;l~':';trl:, ". ~;II '" .v..\"'~;t; , '1:'<::'", . ~~, ;"'~~~'~: ,....-~~,l "' I I' :j;11~~',:~ .l"~i~~~II'~ , . ,t I "0 . , '1~\lll!Y', !:"}i~'; ..O'~.I~/.l4'" '. I I. II .. .. I I : j "'iJIW~IBGOS-fA~:~icHMO~b cO"UNrr .~ , .". .COMMISSIQN",'li..;' :'~~~.RoOMit05;;ACCOUNTINGr,DEPA'R'TME Y;5;' }Si~, ",:L, 530 GREENE STREE::T ~~l::liil(( c",. . r<<-f '~AUGUSTAiGEORGIA\,1 ':~;f~~!~( ~~.tt~~~(i06) 821-~~: ":+""_.::. >f n:....:.. -~_!i--" '~'''''_'',c ANDNOCENTS :0",~;,1 P",;;1l-,~,i'>' , , , 1,11,' "" il '}~';> ~ ~ "J<:! ""!',1;1 'Ill"'} I"",~~f r '," ,~",'iI':A !'I;.r. "Ii 'i'rfJ:'f <'"~ ',,.tl\)' t1f!"~,"1 ... ~ I' ;., ',.( " . . 11~1:t ,1!:I' ( tn~ ~~1I,,1,. t~"-,,I'I, . ,.l ~ . ""-VI:' J,",A:> 1'1 ,If foJ-',~ ~\'tj;" ,. 11 VOID'AF.iT!=R.90 DAY~~. ""\~,,;,.;.- -;.. T05971.. '" . ~I.iUGY CRA<E'T""1Jl\NEY,; ,MtJSEUM'~:~,0,,l;'. " '_ -'K, "," .," ,-,-!" ...... ,- '.-1111 ~ H. - -,.. . ,,,..,,, 1...11,-," ..\- '" j-,,.r I", il','I",..~ "";",,,01 'r",IIr-'\';"I,'I. \ e.B'T 7\r.CK HIS""ORY.'" ,,' r' .,","'. ." ' -~; ~' ,.' .:~,. "".- I ;,1,1,..1., 11'\'1 .,.';,,;1.J1.' l"4.~dl'" . .'-- ".' ...."'~,, ",..., 'jl_~,~'i","" I~h'~ J)~~ ;~111.6 ' PHIL~I?S .';ST,.~'J3iET'~ ~':~1t~'':'W :AUGUSTA,-:::..'GA 3 0901:; ~;~:';(" ~":i:~~",t :~~.';:~! ., . ;7r~'~\ ~-_:'<"~~ , ,~~:.~~jl - __ .', .', - . " ',-..,.;It"-,.. . -. "":,-, <', ""~r I,,"" . T ..~ ~::;,.'1'"~.r.t~ W'I'~". ~.~ /:~:;<Il"t,,; ~l;(jj "1', ".j- ~~.~~ ~:/.I7t)~I~ I'~~l.. f~~;~..</~~i:,:;'<~ .;" ,", p" . . ASSISTANTCOMPTROLtER '~':.'" ....,:;-:'". ;":,, ::~~a. ~- - ....;~ <~:>1"1'\~""1I1,< i:~~.~~:,~,':" l~"r~::I,I:":.-II'. '~II:~.'~~;'(II \'7:~,~~'<:;~::~"'- ~d . ,>;.' j'. FIRS'F UNION NATIONAL BANK l~"""\,, . AUGUSTA, GEORGIA PAY , 'TOTHE , 'ORDER c. 'OF'_ , I", ,,-: III 0 8 ~ 0 8 7 III I: 0 b }. 0 0 0 2 2 7 I: 2 0 8 0 0 0 0 7 0 2 8 7 b III .. GEORGIA DEPARTlVIENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following . Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No, 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L.:.J 60 Executive Park South, N.E.. Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Papa Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. 2C).;J(~ Laura J. Meadows Commissioner uM/j a Enclosures Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Mr. David Persaud, Finance Director FROM: Lena J. Bonner, Clerk of Commission DA TE: December 5, 2003 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed are the following final payments from the Department of Community Affairs for the following local grant recipients. Please issue Augusta-Richmond County checks as follows: Or anization 1m erial Theater. Ho e House for Women AKA's Historical Pro ram State Court Solicitor Grant No. & Amount 01-CL-428 - $6,250 00-CL-405 - $3,750 00-CL-488 - $2,500 00-CL-362 - $1,250 Jack & Jill 00-CL-505 - $2,500 Pur ose New Seatin o erational funds o erational funds Technology 1m rovements o erational fund . , Thanks Enclosures: i' Office of The Clerk of Commission February 27,2004 Lena J. Bonner, CMe Clerk of Commission Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 Nanc;y Morawski Deputy Clerk Ms. Clemestine R. Williams, President Zeta Xi Omega Chapter Alpha Kappa Alpha Sorority, Inc, P.D Box 1455 Augusta, Ga. 30903 Dear Ms. Williams: Enclosed is a .check in the amount of $2,500.00 representing final payment (25%) of your '00 Georgia Department of Community Affairs Local Assistance Grant No. OO-C-L- 488. If we can be'of any further assistance, please let us know. ~ Lena J. oniler Clerk of Commission Enclosure: Zeta Xi Omega Chapter Alpha Kappa Alpha Sorority, Inc. Post Office Box 1455 Augusta, Gerogia 30903 Mrs. Lena Bonner Augusta Municipal Building 530 Green Street Augusta, Georgia 30911 Dear Mrs. Bonner: I am writing this letter in reference to Project 00-C1488 to let you know that the project has been completed. Therefore, I am asking that we receive the Local Assistant Grant. Thank you. Sincerely, Clemestine R. Williams, President 1- l" GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Mike Beatty COMMISSIONER Sonny Perdue GOVERNOR November 21,2003 Honorable Bob Young Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is the final payment in the amount of $2,500 for Local Assistance Grant #00-C-L-488 to Augusta-Richmond County. If you have any questions, please call Bobby Stevens at (404) 679-4943. Sincerely, ~~I't Mike Beatty Commissioner MB/ja Enclosure #1( gr EQUAL HOUSING~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper ;'AUGtJSTA-RICHMOND COUNTY COMMISSION 117507 ", ,,>\",Y"-7DESCRIRTION,,"'" "",',,, !'ill, W,P.O:,NUMBER\; ',INvOICE NUMBERi", "nNVOICEAMOUNT',', ~::::::~ '~~;..-{.{::~r <,:.>.-,...>~-,.;' '.'<<.:v:-:.>' ,:'~NETi'AMOUNT?<',,""" " ,'.,.;:::-:: "".' :-;.;.;.:.,,/..: 3RANT 0 OCL4 8 8 2 , 5 0 0 0 0 0 0 0 2 , 5 0 0 0 0 -. --, - - - - - -- - - - -' - CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 1 1 7 5 0 7 0 1 / 0 9 / 04 2 , 5 0 0 0 0 0 0 0 2 , 5 0 0 0 0 - ,-=,:,.=::: -J ~:-", - 0610 r\ PAY" - TO THE ORDER OF .75575 AKAIS L III ~ ~ 7 5 0 7111 I: 0 b ~ 00 0 2 2 7 I: 20 8 0 0 0 0 7 0 2 B 7 b III {' GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Mike Beatty COMMISSIONER Sonny Perdue GOVERNOR August 15, 2003 Honorable Bob Young Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: On September 2, -1999, we entered into an agreement with Augusta-Richmond County for Local Assistance Grant #00-C-L-488 in the amount of $10,000 for operating funds for AKA's historical program in Richmond County. The first payment of $7,500 was made on November 8, 1999; however, there is a balance remaining of $2,500. Due to the length of time this grant has remained open, we must request that you complete the project and return the Request for Final Payment form to our office no later than December 31,2003. If we do not receive the form by that date, any remaining balance for this grant will be deobligated, pursuant to item #10 of the grant agreement, and returned to the State Treasury. Thank you for your assistance in this matter. If you have any questions, please contact Bobby Stevens at 404.679.4943. Thank you. Sincerely, /fM 7ti;~ Mike Beatty Commissioner MBlbsa Enclosure EQUAL HOUSING~ OPPORTUNITY L.:.J 60 Executive Park South, N.E. 0 Atlanta, Georgia 30329-22310 (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper ,. " 6;.~ ~fi~ '''_0' ~ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E.- Atlanta, Georgia 30329-2231 RECIPIENT: AKA's Historical Program LA GRANT AGREEMENT NUMBER: 00-CL-488 LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT GENERAL INSTRUCTIONS: This form is to be completed once you have fulfilled the scope of work as outlined in your grant agreement. Be sure to indicate the name of the Local Assistance Grant (LAG) recipient and the LAG grant number at the top of tlus form. The grant recipient is the entity that appears in the grant agreement and the grant number appears in the upper left-hand corner of tl1e grant agreement. The certification statement below must be signed by the Chief Elected Official or by someone who is officially authorized to sign on the recipient's behalf. Please return the form to the above listed address. If you have any questions, please contact Bobby Stevens at (404) 679-4943. CERTIFICATION: This is to request final payment on the Local Assistance Grant of the above referenced grant number. In making this request, I hereby certify that the "Scope of the Project" as identified in Exhibit A of the above referenced Grant Agreement number has been completed. I further certify that all funds provided by this grant have been spent in accordance with the terms and conditions of the Agreement and that all the information stated herein is true and accurate. Authorized Signature ~Gc..- ~ ,~ N d Tot! Bob Young, Mayor ame an 1 e , Date November 7, 2003 J' , ,-, u W u :!!:* ci ...JW W w(/) 0: -::) :I: <Jl ....z 0: ;:9 0 01- Z ...J::) 0: wt: W all- > 00 0 Zz Cl Cl- ... cn~. 0 ((- 0 og 0: 0-<( c( ::OZ 0 <LL m I- W 00 a: _0 > ~LL 0: W -0 1Il ((Wi W 3:> 0: I- a:, ...J OW <( ZOO 0: W W Oce 0 a w ... * u - w a: w :I: W I, en a: I I 0 c U z >< w OtJ911712 Page 001 OF 001 Vendor No: 0000013727 Vendor Name: AUGUST A - RICHMOND COUNTY STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS ATLANTA, GA BANK 1100-1000 Check No: Check Date: Check Total: 0000067498 11/19/2003 $2,500.00 II I I '_J t ", i I I I INVOICE NUMBER I INri'~~E I VOUI5HER I 00-c-L-488 11/18/2003 000055221 . GROSS AMOUNT 2,500.00 I DISCOUNT TAKEN I AMOUNT PAID 0.00 2,500.00 I i I 1-1 I I e. ;e as I, e; ,n ;l .;; 'ii 'J. " ." " :" "' '" ~ , :._ J /,\ .g oJ " G ~ <i, " " C; '" '" 8 r, \; r; ~; : -, :; i I " I ! :.~ ,- , . ::FE ::1EViC"lSi=' SlOE ~OR OPEN~i\!G INSTRUCTIONS COMMUNITY AFFAIRS, DEPT OF 60 EXECUTIVE PARK SOUTH N.E. ATLANTA, GA 30329-2231 AUGUSTA-RICHMOND COUNTY 530 GREENE STREET ROOM 118 AUGUSTA, GA 30911 G AGENCY 42800 BANK 1100-1000 MAG NO. 0000067498 FORM 001 OF 001 0t,79T171c + f.r--'--ll'J ~', . ! I U~~-h '~." '.-~" =....,.. " ~.....- .. . ,J 1~',;'.'~_;' ?,~G;'",~ "i71b ",',1'1'/19/20'03 Check balD ,;;.) - Paytothe,Orde~of AUGUSTA-RICHMOND COUNTY' ' 530 GREENE ISTREET C,f: ,._ '~;~'t:',~ t,n ~'\.'j',}J Pay &ac~y TWei THOUSA~D F I'VE HUNDRED ~~D:qOI ,,-,;,'--:1' I I ....J 428010000011 " II """ "" I I .~~OOOOO~08~t. € l Uc:JU ! L \,7:'.:- --.,.,-;_... -. 00000674'98 Check No Vendor No: 0000013727 C ll? 'l '~ S3~Q3i 3AOlAl3H 11 ..,~e". No $2,500.00 Void aflDr 60 daya WACHOVIA BANK,N.A., ATLANTA, GA . .' e:r:,,,"-::':~:...i~~;-rtt""'::'~ 1-~, ';,:~_""::"~-~""''''~"1l"1ml,:;-,~~'~I~'':'''JPJt'~~'-2'''J>::i::,~~7.i'''''.:.z=..:::'~;,.'t.__~'...."7:-.':"'"._.;;;. '. .,_......_:,._";-1'";... ~":"'~J, !_..,::"-,":::-~~:..:Jl'"",,__ , j'" .':"1,'1~'> 11-00000 b '7 ~ gBII- 1:0 b .000 2 2 '71: 20000 '70 . '7 ~ b 50"- ;. ., GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS j Jim Higdon COMMISSIONER September 7, 1999 Roy E, Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: The attached contract when executed commits state funds in the amount of $10,000 for operating funds for the AKA's historical program. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contact. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning two copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. The Department of Community Affairs is pleased to assist the General Assembly and Augusta- Richmond County in the administration of this grant. If you have any questions, please feel free to call me or either Amy Thompson at 404.679.3154 or Bobby Stevens at 404.679.4943. C;;:;" Jim Higd~ Commissioner JH/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L:.J Jtft( 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper .- Application for Local Assistance Grant Local Assistance Grams are made pursuant to a.CoG.A. ~50-8-8(a) which provides in peninent pan: "The department shall make grants to eligible recipients or qualified local governments, which grants are specified by amount, recipient, and purpose in an appropriation to the department" 1. Recipient identified by the General Assembly in Appropriations Act: Richmond County 2. Amount appropriated by General Assembly: $10,000 3. Purpose of the Local Assistance Gram as specified by the General Assembly in the Appropriations Act: Operating funds for AKA's historical program in Richmond County 4. Informarion Required by the Depamnent of Community Affairs for Award: a. Please provide a derailed description of the project, location, type of work to be initiated, and for what purposes the funds awarded through this grant would be used. Attach addition~ pages if necessary. The Local Assistance Grant as specified by the General Assembly will be utilized solely for the purpose dedicated to the operations and functions of the AKA's historical program in Richmond County. This grant will help to facilitate our incurred administrative costs, e.g. personnel and daily operational costs, e.g. utility bills, monthly rental fees, work materials, etc. b. Please provide a budget for the proposed project, listing all revenues and expenditures. Local Assistance Grant Project Revenues J t / tJ() 6 I .I / /0 ( {J()() Project Expenditures Local GoV[. Other Total c. Provide expected project start up and project completion dates: - - --- B~~nning Dau Completion Dau . . . , Name: G e Of ~~'VI e. 2- ~ C, C\ C u VYI "r 5. Contact Information: Please provide the following contact information for the grant. ( Ci \ (/~ W ( \ \ "1\ c\ Address: ('(\ t (\ J City: A '^ ~ u s, t C,-- Telephone{7c0138'- 2'-1-), 5 - Facsimile: Name: Address: City: Telephone: Facsimile: 6. Certification State: (~I-\ Zip: 30 q 0 tf E-mail: State: Zip: E-mail: I, the undersigned authorized representative of the local government described in this application, certify that to the best m knowledge, the information in this application is true and correct and the Local Assistance Grant subject to plica' n will e used for purposes ouclined above. I further certify the local government described in thi ap . er and. authority to expend funds for the purposes set forth herein. G \clwe q ~1J~i~/r1.~i::; i'7 IJl(H /J)~. k'): c,,~ I 1./clJ..J-z-- Title {J Dau For additional information or assistance, please conract Amy Thompson at (404) 679-3154 or Bobby Stevens at (404) 679-4943. 5/99 AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES 8. WALL CITY ATTORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: JWall@co.richmond.gaus ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM RICHARD L. COLCLOUGH FREDDIE L. HANDY WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, m J. B. POWELL STEPHEN E. SHEPARD LEE BEARD Mayor Pro Tern CHARLES R. OLIVER, P E, CPA Administrator MEMORANDUM To: AKA Historical Preservation From: James B. Wall Date: ..september 9,1999 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 concerning local assistance grants for fiscal year ] 999-2000. In that memorandum, he addressed two issues and concerns. The first concem is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. The previous contract which we have used with private entities, which you may have already signed, meets the first requirement, i.e., it is a contract for services; however, I am concerned the DCA may reject the earlier contract because it does not clearly show the scope of services as being in aid of a lawful activity with a benefit substantially to the County. Therefore, I have revised the contract to provide additional language in this regard. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. . The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquires as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, 1 have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. I have attached two copies of the contract, slllce we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. ..., 4>' STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this .5~ day of rY/1hf 1999, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "Augusta"); and Alpha Kappa Alpha Sorority, Inc. (hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of Community Affairs and to Augusta a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, Augusta deems the services to be provided by the Organization as essential and necessary for the citizens of Augusta and acknowledges that the Organization can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. Augusta agrees to appropriate to the Organization, and the Organization accepts, the sum of $10,000.00 (the "Funds"), to be paid to Organization upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the Organization agrees to perform the following services, which Augusta has determined renders a substantial benefit to its citizens, to wit: To provide a historical program for citizens of Richmond County. 1 ~~ ~r Augusta has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: Q Police and fire protection; o Garbage and solid waste collection and disposal; o Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; C Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; o Parks, recreational areas, programs, and facilities; o Storm water and sewage collection and disposal systems; C Development, storage, treatment, purification, and distribution of water; o Public housing; o Public transportation; ~ Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; C Codes~ including building, housing, plumbing, and electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. 2 :;. ;- 4. The Organization shall hold harmless and indemnify Augusta, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 50-14-1, et seq.) if the Organization receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). Organization shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. Organization certifies that it is a tax exempt entity under ~ 3 . ., ;;;ii' 501(c) of the Internal Revenue Code. 8. Organization acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of LaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious~ connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982) . "The term I church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect~, "cult~ and ~denomination~ also relate to a ~distinct organization," with "a common system of faith," ~holding sentiments or doctrines~ which distinguish it. ~ Insti tution~ may have a similar meaning related to ~organization,~ but may also mean a ~custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. Organization certifies that Augusta has made inquiry of 4 .~ '.- -;;.., Organization as to whether it is "organized out of belief in God or other supernatural beings" 'and Organization hereby certifies to Augusta that it is not so organized and that it is not a religious organization as defined above. 10. Augusta may terminate this Agreement, with or without cause, upon five business days written notice to the Organization. If at the time of termination, any funds under this Agreement have not been disbursed to the Organization, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, Organization agrees that this Agreement shall terminate should it be determined the Grant from the State to Augusta is in violation of any law or be declared invalid for any reason, and Organization shall refund or reimburse to Augusta any monies paid pursuant to this Agreement. IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. ATTEST: Title: _ .~By: CWN' ~AS Vfr~EST: Alpha Kappa Alpha Sorority, Inc. ORG~IZATION J1 By: As Sl-lOrn to and subscribed bE:fo;t:'f} me this e day of ()c.-h~Ir:4 ~-999. Cm-I:r(iyy. r . _ ~~... Iv" Notary g)1blic My ~on~lssion Expires: s:;:"-.:" ~)(.c. ,!;felT. 5 f:"" oi Grant No. 00-C-L-488 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS TffiS AGREEMENT entered into this 2nd day of September 1999, by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and Richmond County. a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of O.C.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specifled therein; and WHEREAS, 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 $10,000 to be used solely for the purposes specifled in the attached Exhibit A, which is incorporated herein by reference and made a part of the Agreement. 2. AccountabUitv. 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 returned 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: $7,500 Within ten days of the Department's receipt of the executed Agreement. $2,500 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $10,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. '{ " Grant No. 00-C-L-488 Page 2 of 5 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 ~45-1O-28 and O.C.G.A. ~36-67A(1) through ~36-67A(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 Lega1lv Binding Act. The Recipient certifies that it is duly organized, validly existing 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. Monitoring and Auditinl!. 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 the 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 Agency 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: (i) has failed to comply with the terms of this Agreement in a timely manner; (if) has failed to complete all or a portion of the actions required under the Agreement: (Hi) 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, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. '. Grant No. 00-C-L-488 Page 3 of 5 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. I. Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City oj LaGrWlge, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this proWbition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433. or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect". "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice. relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this proWbition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Ae:reement. This Agreement 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. [Executions on following page] . '.. .' Grant No. OO-C-L-488 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS By: Attachments: Exhibit A, "Scope of Services" . '. .'-,\. Grant No. OO-C-L-488 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Richmond County for operating funds for AKA's historical program in Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance oroprevent the State from asserting noncompliance. . -I GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR November 8, 1999 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed are the first payment in the amount of $7,500 and a copy of the executed contract under Local Assistance Grant #00-C-L-488 to Augusta-Richmond County. Also enclosed is a Local Assistance Grant Request for Final Payment Form. This form must be completed and returned once you have completed your project and expended the full amount of the grant funds. Upon receipt of this form we will issue the final payment. Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5] 15. I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Amy Thompson at (404) 679-3154. JH/ja Enclosures EaUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opponunity Employer * Recycled Paper ~ ,j GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Mike Beatty COMMISSIONER Sonny Perdue GOVERNOR August 15,2003 Honorable Bob Young Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: On August 4, 1999, we entered into an agreement with Augusta-Richmond County for Local Assistance Grant #00-C-L-362 in the amount of $5,000 for technology improvements for the State Court Solicitor's Office in Richmond County. The first payment of $3,750 was made on October 13, 1999; however, there is a balance remaining of $1,250. Due to the length of time this grant has remained open, we must request that you complete the project and return the Request for Final Payment form to our office no later than December 31,2003. If we do not receive the form by that date, any remaining balance for this grant will be deobhgated, pursuant to item #10 of the grant agreement, and returned to the State Treasury. Thank you for your assistance in this matter. If you have any questions, please contact Bobby Stevens at 404.679.4943. Thank you. Sincerely, ;dU~ Mi ke Beatty Commissioner MB/bsa Enclosure EQUAL HOUSING~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Mike Beatty COMMISSIONER Sonny Perdue GOVERNOR November 21,2003 Honorable Bob Young Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is the final payment in the amount of $1,250 for Local Assistance Grant #00-C-L-362 to Augusta-Richmond County. If you have any questions, please call Bobby Stevens at (404) 679-4943. Sincerely, ~~~~ Mike Beatty Commissioner MB/j a Enclosure )tit f);4 J;uh/ EQUAL HOUSING~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper .lIoS lj '11. ~ ol. 00002 :'l. 2 2 ooo~ lj 0:' .1I1. b '1l.lj 00000.11 , '- _ .~,:::::,-,::::::-::--.-;t .;.~!;" -. ,_ . 1 J . ~-:''':;,..~ ,.:-,.-.,""::.-~~",;;;:::-........~"""...""'-rllLl'I",",,,,,illli.,"~,.:~'_'.",""I"_~~'~:1J~~'"';I,I:~'~I~"""...::!."j).,u;;;I1'rt;'J:~~'l!:[r","". ---.,., J'''' , , . ,. lie 'l1.LNI11ll1 "11' N ')INI1B 11l MHOI1'" " 1- , ",' sAsp 09 '''Us P"'^ t.iH.ElOOOOO :oN'oPUU^ ON ~~elQ L6tL900000 I,,~,~.::,-. .!" : .:':'t. s, 'b'6i~69 QN~,:}:I.~ 1::1 C3~QNnH. 0,"':1. ONI1SnOH.L 3NC An~s><3 ASd , , " '1 .. OO'OSl;'l$ * * ** ;:.;:i~~* ***** :.""~ ~~h ',1 ""j'''','' ....,.. I .L" ~ . , ~J' ON 'l>8s' Ol , "" :l.33~lS, 3N33~El OE9, , ,!'A}.Nnoo CNCI'lHOI ~-l1.LsnElnl1 IO.'epJO G'lloiAsd " :j~ I I..,~ i !qSQ ~~ulQ EOOl;16l/l,l','" . ,l.,"';jf.: ,j.:>~~~','~~~;' I,",:'~ ~ . , . ---""" 1,:;:' ................. .1. -' c ,;,~. 3 W---.:'.. 'I 1 uL___JU 2 REMOVE iEDGES 1,2, & 3 3 3 1 I: [_--'-~jJ J 2 2141639 + ~oo ~O ~oo ~~O~ L6~L900000 'ON ~v~ OOO~-OO~~ ~B 008~17 A::lN3~V 2 *428010000010* I IIGO( y~ 'Y~Sn~nY BII NOOH ~33H~S 3N33H~ 0(5 A~NnOJ aNOHHJIH-Y~Sn~nY ~e~~-6~eoe V~ 'VlNV1~V '3'N H~nos ~~Vd 3^I~n::l3X3 09 ::10 ~d3a 'S~IV~~V A~INnN~O::l 0~00000~08~~ -:,,:'''~J . 'j"'-~~-+ , -~~'.r \',--:.:\Ui\.='; ,...../~I ~,r: ~,-! -If :,: ... ',-- 1-- u W ci ~;, .....w W en(/) a: _:::J m i=z a: ::Q 0 z Of- a: .....:::J W w!::: > mf- 0 (/) Cl Zz CJ- LL (j)~ 0 0:- 0 O~ a: 0..<( <( ::EZ 0 <l:Li: lD I- UJ en 0: > .0 0: WLL UJ ?- m -0 UJ O:w :::> a: f-O: ..... OW <( Z(/) a: W UJ 00: 0 C UJ LL * I J , : I ~..J ~ w 0: W J: W " (/) 0: I 0 c U Z X w 6E911712 .-- -- .-. .~--------.-.-~-...-----.-_._._.- Page 001 OF 001 Vendor No: 0000013727 Vendor Name: AUGUSTA-R ICHMOND COUNTY STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS ATLANTA, GA BANK 1100-1000 Check No: Check Date: Check Total: 0000067497 11/19/2003 $1,250.00 II I I I. ' t II I , 1-..: INVOICE NUMBER I INVOICE I VOUCHER I DATE 10 00-c-L-362 11/18/2003 000055222 GROSS AMOUNT 1,,250 _ 00 I DISCOUNT TAKEN T AMOUNT PAID 0.00 1,250.00 1--' I , , , , '-, ! i ,. ~ I '" -' ;,; .c ,n c . 10 "- '" ~ " ;j Ul , ; 5 ~ L~ :€: = !:: '- G " I , - '.-- 1l .., " ~~ C'~ -c ,- i;:' :r I J ~~ c. '. Page 1 of 1 Lena Bonner From: Sheryl Jolly Sent: Tuesday, November 04,200311 :19 AM To: Lena Bonner Subject: RE: 1999-2000 Local Assistance Will you let me know when the next installment comes in? Thanks again. sbj -----Original Message----- From: Lena Bonner Sent: Tuesday, November 04,2003 11;15 AM To: Sheryl Jolly Subject: RE: 1999-2000 Local Assistance Yes, it was submitted to the Accounting Department on October 20,1999. Check with Donna in accounting and if she can't find it let me know I've have copies of everything. Sorry we didn't let you know about the money, I guess we thought Accounting would notify you. Lena -----Original Message----- From: Sheryl Jolly Sent: Tuesday, November 04,2003 10:44 AM To: Lena Bonner Subject: RE: 1999-2000 Local Assistance Absolutely. I was not aware that this money had been approved nor was I aware we had actually received any of the amounts. Did this go to the general fund? Thank you for your assistance. SBJ -----Original Message----- From: Lena Bonner Sent: Tuesday, November 04,2003 10:40 AM To: Sheryl Jolly; Jo Harris Subject: 1999-2000 Local Assistance Good morning, As you may recall, in 1999 the Solicitor's Office received the above reference grant award in the amount of $5000 through the Ga. Department of Community Affairs for technology improvements for your office, which you received 75% percent of the grant ($3,750) in October of 1999. The State has notified us that a request for final payment of the grant in the amount of $1, 250 has not been submitted. Please let me know if you would like to request final payment of the grant award. Thanks Lena 11/612003 t ~ ~~\~ ~ ............... GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. · Adanta, Georgia 30329-2231 RECIPIENT: State Court Solicitor's Office LA GRANT AGREEMENT NUMBER: 00-CL-362 LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT GENERAL INSTRUCTIONS: CERTIFICATION: Authorized Signature Name and Tide This form is to be completed once you have fulfilled the scope of work as outlined in your grant agreement. Be sure to indicate the name of the Local Assistance Grant (LAG) recipient and the LAG grant number at the top of this form. The grant recipient is the entity that appears in the grant agreement and the grant number appears in the upper left-hand corner of the grant agreement. The certification statement below must be signed by the Chief Elected Official or by someone who is officially authorized to sign on the recipient's behalf. Please return the form to the above listed address. If you have any questions, please contact Bobby Stevens at (404) 679-4943. This is to request final payment on the Local Assistance Grant of the above referenced grant number. In making this request, I hereby certify that the "Scope of the Project" as identified in Exhibit A of the above referenced Grant Agreement number has been completed. I further certify that all funds provided by this grant have been spent in accordance with the terms and conditions of the Agreement and that all the information stated herein is true and accurate. ~ V ~---X ..~ Bob Young, Mayor Date November 7, 2003 .. l I I Wb /ll) [ 'j}qvr ~ -r0 ~fYM-P~Ifl&r GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. ~ Atlanta, Georgia 30329-2231 State Court Solicitor's Office LA GRANT AGREEMENT NUMBER: OO-C-L-362 RECIPIENT: LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT GENERAL INSTRUCTIONS: This form is to be completed once you have fulfilled the scope of work as outlined in your grant agreement. Be sure to indicate the name of the Local Assistance Grant (LAG) recipient and the L\G grant number at the top of this form. The grant recipient is the entity that appears in the grant agreement and tile grant number appears in the upper left-hand corner of the grant agreement. The certification statement below must be signed by the Chief Elected Official or by someone who is officially authorized to sign on the recipient's behalf. Please return the form to the above listed address. If you have any questions, please contact Bobby Stevens at (404) 679-4943 or Amy Thompson at (404) 679-3154. CERTIFICATION: This is to request final payment on tile Local Assistance Grant of the above referenced grant number. In making this request, I hereby certify that the "Scope of the Project" as identified in Exhibit A of the above referenced Grant l\greement number has been completed. I further certify that all funds provided by this grant have been spent in accordance with the terms and conditions of the Agreement and that all the information stated herein is true and accurate. CL-v Bob Young, Mayor Name and Title ,\ .. 1 GEORGIA DEPARTMENT OF COMMlJ~ITY AFFAIRS .....---..- RECEIVED AUG 2 7 1999 " Jim Higdon COMMISSIONER (AUGUSTA.RICH GOVERNOR August 25, 1999 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: This commits state funds in the amount of $5,000 to Augusta-Richmond County for technology improvements for the State Court Solicitor's Office. After reviewing the agreement, please execute it by signing and returning two copies to me at your earliest convenience. I will sign for the Department and return a copy to you along with a check for $3,750 representing the first payment due under the contract. The Department of Community Affairs is pleased to assist the General Assembly and Augusta-Richmond County in the administration of this grant. If you have any questions, please feel free to call me. ~~~ Commissioner JH/ja Enclosure cc: Richmond County Legislative Delegation JJAM ~ dO~ -t- Jv; tS:t 60 Executive Park South, N.E.. Atlanta, Georgia 30329-2231 · (404) 679-4940 EQUAL HOUSING _ OPPORTUNITY - www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper ;;; Application for Local Assistance Grant Local Assiscance Grants are made pursuanc co O.e.G.A. ~50-8-8(a) which provides in pertinene part: "The deparr:ment shail make ~ants to eligib& recipients or qualified local governments, which ~ants are specified by amount. r-"?cipient, and purpose in an appropriation to the department" 1. Recipie:l.C identified by the Gene:a1.Assembly in Appropriations Act: Richmond County 2. Amoune appropriated by Gened Assembly: 55,000 3. Purpose of me Lod Assisunce Gram as spedied by the Gene:a.l Assembly :n me Appropriations Act: Technology improvements for the State Court Solicitor's Office in Richmond County 4. Information Required by the Department or Community Affairs for Award: a. Ple:l.Se provide a deui1ed description of me project, location, type of work (0 be initiated. and for what purposes the funds awa..rded through clti.s grant would be used. Attach addicional pages if nec::ssary. The funds received from this grant will be used to purchase a laptop computer for attorney use in our office. The laptop will be utilized in various ways: I. To access a defendant's infonnation in the courtrQ.om -- without being forced to leave and subsequently holding up courtroom procedures. 2. Its mobility would allow attorneys to take it home to work on legal briefs, as well as the office manager to work on the budget. 3. It can be carried into the courtroom to aid in the presentation of a case. 4. It can also be taken to meetings outside of the office for note taking and presentation purposes. 5. Toe laptop's ability to run by battery power allows it to be used during a power outage, here in the office or courtroom, to access vital infonnation. b. Ple:l.Se provide a budget for me proposed projc::::. listing all n:'1enues and expendicures. Project Revenues Project Expenditures Local Assistance Grant N/A 55.000.00 Lod GOvt. Ocher Tow $5,000.00 c. Provide expected project st:U't up and project completion dates: The laptop will be used for. an indefinite period of time. .illL - ~ - 22- - - --- BTn"i"t Dau c-.plm4n Dau "!' 5. Concacr Informacion: Pl<:as<: provid<: ch<: following concact informacion for ch<: grant. Nam<:: Jo Shaw Address: 401 Walton Way- ~. Joint Law Enforcement Center, Room 121 Cicy: Augusta Stac<:: GA Zip: 30901 Td<:phon<::( 706) 821-1175 Facsimil<:~706) 821-1183 E-mail: jh4475@co.richmond.ga.us Nam<:: Address: City: Scat<:: Zip: Td<:phon<:: Facsimil<:: E-mail: 6. Certification I, th<: undersigned authorizd r<:presencativ<: of the local governm<:nc described in chis application, c<:rcifY that to the best of my knowledge, th<: information in chis application is true and correct and the Local Assisranc<: Grant subject co chis appu tion . I b<: us<:d for the purposes our1ind above. I further certifY the local governmenc described in chis applica . n has isite power and authority to expend funds for me purposes set forth herein. 07 22 99 Dare Sheryl B. Jolly Namr (pkau print) Solicitor-General TiriL For addicional informacion or assistance, please concact Amy Thompson at (404) 679-3154 or Bobby Scevens at (404) 679-4943. 5/99 ... .~,.... i~~~"'l!._~~('"Y:. tY~~<tj, ~ ..": (;~. T:I-~l.4-' c-~ [j "~.j '<~ 'GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS ~. '.- ". RECEIVED .i~LJG 2 '71999 Jim Higdon COMMISSIONER (AllGUSTA-RIC GOVERNOR August 25, 1999 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: This commits state funds in the amount of $5,000 to Augusta-Richmond County for technology improvements for the State Court Solicitor's Office. After reviewing the agreement, please execute it by signing and returning two copies to me at your earliest convenience. I will sign for the Department and return a copy to you along with a check for $3,750 representing the first payment due under the contract. The Department of Community Affairs is pleased to assist the General Assembly and Augusta-Richmond County in the administration of this grant. If you have any questions, please feel free to call me. q;~o~ Commissioner JH/ja Enclosure cc: Richmond County Legislati ve Delegation EQUAL HOUSING ~ OPPORTUNITY L.:..I JJAVAdJ 1/fRJ ao~ -l- j~; 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Emp/over @ Recycled Paper .,. . ... Grant No. OO-C-L-362 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS TffiS AGREEMENT entered into this 4th day of August 1999, by and between the Department of Community Mfairs of the State of Georgia (hereinafter referred to as the "Department") and Richmond County, a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient"). WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of O.C.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 $5,000 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 returned 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: $3,750 Within ten days of the Department's receipt of the executed Agreement. $1,250 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $5,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. .or ~ - i' Grant No. OO-C-L-362 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 vi~lated any applicable federal, state or local conflict of interest laws. ordinances, mles or regulations, including but not limited to, O.C.G.A. ~45-10-20 through ~45-10-28 and O.C.G.A. ~36-67A(l) through ~36-67A(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 Lega1lv Bindine: Act. The Recipient certifies that it is duly organized, validly existing 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. Monitorine: and Auditine:. 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, fmancial 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 the Department, until such findings are resolved to the satisfaction of the Department. 8. Open Meetine:s. 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 Agencv 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: (i) has failed to comply with the terms of this Agreement in a timely manner; (il) 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, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. ".J . . "'~ Grant No. 00-C-L-362 Page 3 of 4 12. Entire A.l!reement. This Agreement 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. By: rI FOR THE DEPARfMENT OF COMMUNI1Y AFFAIRS By: Attachments: Exhibit A. "Scope of Services" 1,;4 -:... r ..".~ .. Grant No. OO-C-L-362 Page 4 of 4 EXmBIT A The Local Assistance Grant shall be used by Richmond County for technology improvements for the State Court Solicitor's Office in Richmond County. i- GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Mike Beatty COMMISSIONER Sonny Perdue GOVERNOR August 15,2003 Honorable Bob Young Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: On November 9, 1999, we entered into an agreement with Augusta-:-Richmond County for Local Assistance Grant #00-C-L-600 in the amount of $5,000 for installation of a therapeutic whirlpool at Belle Terrace Swim Center - Augusta Recreation and Parks Department. The first payment of $3,750 was made on December 3, 1999; however, there is a balance remaining of $1,250. Due to the length of time this grant has remained open, we must request that you complete the project and return the Request for Final Payment form to our office no later than December 31, 2003. If we do not receive the form by that date, any remaining balance for this grant will be deobligated, pursuant to item #10 of the grant agreement, and returned to the State Treasury. Thank you for your assistance in this matter. If you have any questions, please contact Bobby Stevens at 404.679.4943. Thank you. Sincerely, 1J1d ~ --' Mike Beatty Commissioner MBfbsa Enclosure 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 EQUAL HOUSING~ & d OPPORTUNITY L:J www.ca.state.ga.us JY'YJ ^ 11/1 A dJ ./'t? A~ ~ual.Opportunity Employer 1/1 [ (f,t}{l(.V1'1 tJ.r * Recycled Paper ..-... 4'"0' G~ . ~";;"~ -- GEORGIA.DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 RECIPIENT: Augusta Recreation LA GRANT AGREEMENT NUMBER: 00-CL-600 LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT GENERAL INSTRUCTIONS: This form is to be completed once you have fulfilled the scope of work as outlined in your grant agreement. Be sure to indicate the name of the Local Assistance Grant (LAG) recipient and the LAG grant number at the top of this form. The grant recipient is the entity that appears in the grant agreement and the grant number appears in the upper left-hand corner of the grant agreement. The certification statement below must be signed by the Chief Elected Official or by someone who is officially authorized to sign on the recipient's behalf. Please return the form to the above listed address. If you have any questions, please contact Bobby Stevens at (404) 679-4943. CERTIFICATION: This is to request final payment on the Local Assistance Grant of the above referenced grant number. In making this request, I hereby certify that the "Scope of the Project" as identified in Exhibit A of the above referenced Grant Agreement number has been completed. I further certify that all funds provided by this grant have been spent in accordance with the terms and conditions of the Agreement and that all the information stated herein is true and accurate. Name and Title ~~~ '0 Bob -Young, Mayor Date November 7, 2003 Authorized Sie-oature GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Mike Beatty COMMISSIONER Sonny Perdue GOVERNOR January 8, 2004 Honorable Bob Young Mayor, Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is a check in the amount of $1,250 representing final payment for Local Assistance Grant #00-C-L-600 to Augusta-Richmond County. If you have any questions, please contact Bobby Stevens at (404) 679-4943. Sincerely, JW~ Mike Beatty Commissioner MB/ja Enclosure EQUAL HOUSING~ OPPORTUNITY L:J 60 Executive Park South, N,E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper .. ,;,~) ,1t'~ STsATE OF::GEOAGIA , , ,DEPARTMENT ,OF COMMUNITY.: AFFA I r:::,:fi {;.\,60:f I:)(EClJT.IVE':J>,l\RKICSOUT;HIJ'... E. . - . . , : . ATLANTA. .GA ~0329~2231 ~: lCjff,!,j -' i;\ 'IT <: ((5;rf'(f~: . 5"""""" NO~~ -J~lf\ _cs:~" ~rl'I'I'~III"" j,'. : .iRl ~ ~fJ .' ~ ...:( i'~, ~,'lrl~> ***** '",'T~ . C~)B~k/~p: :. ' . V'"ndor,No: 00000137:27 .t.../~., i~rJ;. ~;:'t :.~. .poy Exactly ~.i:;J.\s,,- '-If c, ~~ID ii' , r,!,j' ,:"""U '!~ ik:g,-gl! $1 .250. OC .~, :"1:1.''''', l~t .;\,' (.';' ~, ~ :~'; .':';,\ @( '",j >~\\'JJ IE>> r~) liB 0\ ;\'=;,.'nJ\~U..r:: ~~:;:=..- :"~. ;....~-..-. f" . ';~ I "',-.0.:...,.,.,- \:.~-. \}i~( lf~,q'_~, .\- ~ f",:\(Q) WACHOVIA':BA~N'K N,.tt~~ ~:' ATE)~f~T.A?' GA '~;,;l,j~<J~\0r}~ / ?(f~' ':;;~,",-,'"'::":""~~~~-''''''==--=' "'~ d 11-00000 b8:lS b"- 1:0 b ~OOO 2 271: 20000 70 ~ 7 L. b 50"- " GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Mike Beatty COMMISSIONER Sonny Perdue GOVERNOR November 21,2003 Honorable Bob Young Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is the final payment in the amount of $3,750 for Local Assistance Grant #00-C-L-405 to Augusta-Richmond County. If you have any questions, please call Bobby Stevens .at (404) 679-4943. Sincerely, ~~ Mike Beatty Commissioner MB/ja Enclosure ~~ 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 EQUAL HOUSING~ d OPPORTUNITY L.:J www.ca.state.ga.us An Equal Opportunity Employer * Recycled Paper Office of The Clerk of Commission Lena J. Bonner, CMe Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 . (706) 821-1820 - FAX (706) 821-1838 February 16, 2004 Gerald O. Carrier, Ph.D. Executive Director Hope House, Inc. P.O. Box 3597 Augusta, Ga. 30914 Dear Dr. Carrier: Enclosed is a check in the amount of $3,750.00 representing final payment (25%) of, your '00 Georgia Department of Community Affairs Local Assistance Grant No. OO-C-L- 405. . If We can be of any further assistance, please feel free to call. Enclosure: i AUGUSTA-RICHMOND COUNTY COMMISSION 117675 1:<(, ."",..,,' .';DESCRIPTION ":q~.!::~>:::.:~{::}}. :,::::::::: ....... ,-." ., }tP.Ol'NUMBER,,; =m NVOICEiNUMBER cH}':'INVOICE,AMOlTNT':;/X', ;.~::,~~~:~~:)}.:~::~:::::~ ':t::~:~~::E ~:~~::::/::. .... ".NETAMOUNT\.%\; ~RANT 0 OCL4 0 5 3 , 7 5 0 0 0 0 0 0 3 , 7 5 0 0 0 - -.. . .- CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 1 1 7 6 7 5 0 1 / 0 9 / 04 3 , 7 5 0 0 0 0 0 0 3 , 7 5 0 . 0 0 h-:-.o= - - ~-;-+ -' '..,'P..,..';" HOPE HOUSE FOR WOMEN * * * * * *** * ******** *********** *'*********** * * * * * * * $3, 750ANDNOCENTS ~W':.~, i!III;(~ ,fll'l,II"n"J. 'l'lil'l'/, ~ I'll"'.... ~',('~jP ;,:,~~Ii ,l::~(?,t "~'l:;'l rl';:';'III(fi~',~~ ;,IN.l ;:,; ",,11,,1' ", "",Id I"",':"" 1';",,:;;:-,1 ~''':~ (~:t:Y9'p,~J\Ft~~:,1~90 DA~~ ~~}~l\ \1'1!1,llil':'~i ..~:;:!i!. " j, '/ I" i ~"<"IJl ~'''(I''l ~., ~,"i ""'~H"'"""" '1,,'1,,1,'11/ 'V'llli,,:II.'1 '(,I' !Il'. ,1,11.",1 ',11111" '~ ;il'I'.... >1 .a, J I ., , ~u ....' _ " ~'I ~'i~,1 _ ',c ;,.).1 Jl 'C ,,,I, .~ /O~a ~W~C;~~ '- . ~-; -: - ';'.. AssH~iANT ldM'PTROU"G~i~~]',( " ~,;1~1 fl"I~"'t' ~~ :-1"" IIri-:t I~J' ~r:,~I~III.II,J 1I.tI,H\~1 . [ul ,. rl"'-IIII; l~ IIJ-II r . ~I~ ~1'IUI,; 'f' :. u"J- I' (1', pi'; ... I I{;II ' 11,1" I~ r-"~ <rt m F.IRST UNI0N'NATl0N~L BANK, ~" 1,1' 14~r I i,r AU~~,~~~;, GEq~/~J,~I~:':'S~"I,I(' ~~j~ ~J;~,~I~ s:ml V'" ~ r . , i' ~I' ~'i',1 ':'i.,'.I~. 11:.,,1' PAY' TO THE I. ORDER" I.. OF'. , " r .. " '=, -.,.', ..,...;~ ,~- .., ,,_F II' ~ ~ 7 b 7 5 II' I: 0 b ~ 00 0 2 2 7 I: 208 0 0 DO? 0 2 8 7 b II' u W Z* ::Jw ooUJ _::J 1=z ;;;:Q 01- ...J::J W!:: ml- UJ Zz Cl- U;~ a:- O~ D..c( ::;:z <(ii: !i;a: -0 Wu. I- -0 a:w 5:> I-a: OW ZOO W Oa: o lJ lJ Cl w a: '" a: o z a: w > o Cl u. o c a: <( o III W > a: w '" ill a: ..l <( a: ill o ill U. .. ~ ill a: ill :I: ill 1--' en a: 1 I 0 c J z X ill 2P911712 Page 001 OF 001 VandorNo: 0000013727 Vendor Name: AUGUSTA-RICHMOND COUNTY STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS ATLANTA, GA BANK 1100-1000 Check No: Check Date: Check Total: 0000067500 11/19/2003 $3,750.00 /I INVOICE NUMBER I INVOICE I VOUCHER I DATE 10 I : ,~ t 00-c-L-406 11/18/2003 000055223 GROSS AMOUNT 3,750.00 I DISCOUNT TAKEN I AMOUNT PAID 0.00 3,760.00 Ii I I I~ -' I I ~ .~ trS U Q .() ., a; 10 a.. ~ " ~ ~ 'J> 0 ~ (; ~ ~ ~ m ~ , ,. , ~ ,. ]- :(i ~ [j> !!' ~ ci: ,- ~ ,:;: I , .1105 :I'" r!. ~ Or!. 00002 :Ir!. 2 2 OOO~ :I 0:1 .11005 r!. :I 00000.11 I L. +~ .'-'.-'-~"-' .-...,,- -- ' . ,~ ' , . . "::~.1_'O.',-':"'"':'",;-:::':-"<-""""-bo...~~"':~.4~~~ ,,~~.':;:..;+)..,':r,~; Jt_''',"~,::'!...:..;!''l'':':;,~,.''_-~!F'-,''..';:'''''~':::'C:I;~.:.:::;.a.~~;.;.,;..~.-m'~~~;;:::::'':~';- .~ VD 'V1NVllV '"V"N '~N~B Vl^OHOV~ 0.1."" og.'OU" PIO^ ' 00"05l.'E$ l.l:l.EIOOOOO :oN'opuO^ ON ~o04:J OOSL900000 ~L.._3_;. " :---+'--~I, 1[j _.__jJ 2 *428010000013* II 11I1 III II II II II "' II II e:~00000~08l:t7 I l_ r- ,.- ****~~*;';':*",** SOOI/OO':ONV, AH1:I.03~ONnH N3^3S ONvsnOHl 33~Hl A,-"BlgADd , ;1 ":.'/ ~'~~ ~',,", ON 'b~S" EI REMOVE ~DGES ~, 2. &2 J - 133~lS 3N33~D OE5. ..')<~Nnoo ONOI'lHOI~-V1SmlnV 1010p.lO OIflDl"-Dd "lDQ ~08lf:J EOOU61/'H C-'~",LI .-..... "4 _ _ I, .....~ ~... _.__ _ ':In &.i1" ~.~_ 3 -. - - -.' ~. ;: ";:1 !:;? . ! i ~ i ;_; - + 2141642 ~OO :10 ~OO ~~O:l OO5L900000 'ON 9VW OOO~-OO~~ ~B 008l:t7 A:)N39V 2 TT60E y~ 'Y~sn~nY 8TT NOaH ~~~H~S ~N~~H~ OES A~NnOJ aNONHJIH-Y~Sn~nY ~e:l:l:-6l:e:0e: V9 'V~'iV '3'N Hinos ~~Vd 3^Iino3X3 09 :10 id30 'S~IV:I:lV AiINnNWO:) SI\lOl~:;)r.:LSN! n:-m\,:!o;:~l_' ,10.:. :"<: ::-:':~):..~ '.:: : GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Mike Beatty COMMISSIONER Sonny Perdue GOVERNOR August 15,2003 Honorable Bob Young Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: On February 24, 2000, we entered into an agreement with Augusta-Richmond County for Local Assistance Grant #00-C-L-405 in the amount of $15,000 for operation of Hope House for Women in Richmond County. The first payment of $11,250 was made on January 4,2000; however, there is a balance remaining of $3,750. Due to the length of time this grant has remained open, we must request that you complete the project and return the Request for Final Payment form to our office no later than December 31,2003. If we do not receive the form by that date, any remaining balance for this grant will be deobligated, pursuant to item #10 of the grant agreement, and returned to the State Treasury. Thank you for your assistance in this matter. If you have any questions, please contact Bobby Stevens at 404.679.4943. Thank you. Sincerely, ~~ Mike Beatty Commissioner MBlbsa Enclosure EQUAL HOUSING~ OPPORTUNITY 1.:.f 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper (/!.9;M/~"" .." , I-oj 1- uo '> ~..._..' ~ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 RECIPIENT: Hope House for Women LA GRANT AGREEMENT NUMBER: 00-CL-405 LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT GENERAL INSTRUCTIONS: CERTIFICATION: Authorized Signature This form is to be completed once you have fulfilled the scope of work as outlined in your grant agreement. Be sure to indicate the name of the Local Assistance Grant (LAG) recipient and the LAG grant number at the top of this form. The grant recipient is the entity that appears in the grant agreement and the grant number appears in the upper left-hand corner of the grant agreement. The certification statement below must be signed by the Chief Elected Official or by someone who is officially authorized to sign on the recipient's behalf. Please return the form to the above listed address. If you have any questions, please contact Bobby Stevens at (404) 679-4943.. This is to request final payment on the Local Assistance Grant of the above referenced grant number. In making this request, I hereby certify that the "Scope of the Project" as identified in Exhibit A of the above referenced Grant Agreement number has been completed. I further certify that all funds provided by this grant have been spent in accordance with the terms and conditions of the Agreement and that all the information stated herein is true and accurate. ~ ~K , ~ Name and Tide Bob Young, Mayor Date November 7, 2003 j{ope j{lfYD/J.Sep Inc. POST OFFICE BOX 3597 AUGUSTA, GA 30914 (706) 737-9879 Ms. Lena Bonner Grant Administrator 530 Greene Street Room 806 Augusta, Georgia, 30911 November 4, 2003 Dear Ms. Bonner: Hope House, Inc. was awarded a Local Assistance grant from DCA in 2000. The grant number is 00-CL-405. The funds were allocated for operation expenses of the program. The project is completed, and we therefore request the final draw down payment from your office. If further information is required, please don't hesitate to contact us. Your time and efforts concerning this matter are greatly appreciated. ff~' Ge ld O. Carrier, Ph.D. Executive Director Hope House, Inc. ..~"- , Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commi~lon Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Mr. David Persaud, Finance Director FROM: Lena J. Bonner, Clerk of Commission DATE: January 30,2004 SUBJECT: Check request Please issue a check from acct. no,101-01-33145311810, to the Augusta Metro Chamber of Commerce for 2004 Annual Meeting Tickets in the amount of $300 for purchase of tickets for membe~of the Augusta Commission, which wasapproved by the Commission on January 20, 2004. . Enclosure is a check from the Georgia Department of Community Affairs in the amount of $1,250 representing final payment for a Local Assistance Grant 000-C-L-600 for the Augusta Recreation Department Enclosure is a check from the Georgia Municipal Association in the amount of $250 . representing reimbursement for Mayors' Day registration for Commissioner Lee Beard. Enclosure is a check from Kilpatrick Stockton, LLP in the amount of $500 representing sponsorship of the Farewell Reception for Commissions Bill Kuhlke, Ulmer Bridges and Attorney Jim WaiL Please deposit in the donation account 101-000000-1228113. Enclosures: Thank you GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Mike Beatty COMMISSIONER Sonny Perdue GOVERNOR November 21, 2003 Honorable Bob Young Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is the final payment in the amount of $6,250 for Local Assistance Grant #01-C-L-428 to Augusta-Richmond County. If you have any questions, please call Bobby Stevens at (404) 679-4943. Sincerely, ~~ Mike Beatty Commissioner MB/ja Enclosure ~-a/) 1k1N 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 EQUAL HOUSING~ d OPPORTUNITY L.:.J www.ca.state.ga.us An Equal Opportunity Employer * Recycled Paper Office of The Clerk of Commission Lena ], Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 February 16, 2004 Ms. Lara E. Plocha Assistant to the Director Imperial Theatre. P.O. Box 31126 Augusta, Ga. 30903 Dear Ms. Plocha: .. Enclosed is a check in the amount of $6,250.00 representing final payment (25%) of _ your '01 Georgia Department of Community Affairs Local Assistance Grant No. 01-C-L- 428. . If we can be of any further assistance, please feel free to call. . ~1fi~ ~~ . B nner. . Clerk of Commission . Enclosure: AUGUSTA-RICHMOND COUNTY COMMISSION 117687 ,', "",' .' DESCRIPTION . ,.; f~; " ,. '..'. ;.',,,',):.::..; ::%P.O,'NuMBER'> ":::'INVOICEiNUMB ER". ;.' '.4':i.INVOICEAMOUNT> ..... ~R; {::'::f:~. )~;~:-::\::;:~:{?~ "':"'?",NET>AMOUNT..' )}/~ 3RANT 0 1CL42 8A 6 I 2 S 0 0 0 0 . 0 0 6 f 2 S 0 0 0 - .-. -- - -- CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 1 1 7 6 8 7 0 1 / 0 9/ 04 6 f 2 S 0 0 0 0 0 0 6 f 2 S 0 0 0 ,. " I rrit ~ r lill./i'lt,jl;III!'" AI~lG\l!l.s '1--"'",'....",111' II ' , I' .'1. :' .1-' '~,!:\::,!'/,. .f'::::':liifi:. _ _ ';)i~.!;'i' ";1111~~'I}!i,'.' _ _11,~:"~il:ii~'I< _ -ul:l:~;,}~:: ,-,1~f,n\i'1 0 N mlm~)U NJffiMflg,' ",illi"..! . -.!......i ',_" ;' Idi...1I1 - -,;ill~,,;'~,'~.j..<1 COMMISSION . '. , RqOM 105,ACCOUNTlNG DEP~RTMEN;\ili - . 530GREENE,STREET;:c1~;I'-:':'" . AUGUSTA, GEORGIA 3091~~1 PHONE (i06) B2~ "2334 ',1'<;11(' ~ ::. " . -", ~l(::~:)i:t ~ 610 '1", i" PAY" , TO THE. ORDER OF ass 7"0' IMPERIAL THEATRE '-'1,'1,\ . ..~: A7~a. ~ 0-J~C;">'t--o. ASSISTANT COMPT~OLl:ER'':-. \' ~.., :~, .:1,.. ' t FIRSTUNION'NATlON'AL BANK AUGUSTA, GEORGI~, '" . VOID.AFTER90 r;>AYS 11:7687 *** * * * ******** * * ** * * *** *** * * * * * * ** *,** **** * ** * * * $6 f 250ANDNOCENTS 'I", "'I ,,,I.. , 'j'l < J- 1:1 'I' l' ."' ~I. <\,,;:~:\)iJ~'r,.,. ) I ,"., j""" ,~,<;, I~~?~.' ",1'" utJ" ..- ~~j;;1{i':: III .. .. 7 b B 7 III I: 0 b .. 0 0 0 2 2 7 I: 2 0 BODO 0 7 0 2 B 7 bill u w ci 2* ::Jill ill cn({J a: -::> en ~L a: ;;::9 a z o!; a: --'1- ill w- > IDI- a ({J Zz Cl (,'J- LL w:i a a:- c o~ a: 0.<>: <( ~~ a <(LL lD liia: ill > 0 -0 a: W WLL ill a: I- en -0 W a:w ill J: ;;::> a: W ...0: --' (Jl OW <( a: z({J a: 0 W ill 00: C C C ill Z )( LL W * TtJ9Tt71~ ,:= r ~.J \ .~.It -;;,~ \ ',-5 ~ in l -,,'" i~ \~~i.. c,g j ~~:.. 'k~ , ~ I"; . "' 2. l _ :. 1. Page 001 OF 001 VandorNo: 0000013727 Vandor Name: AUGUSTA -R ICHMOND COUNTY STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS ATLANTA, GA BANK 1100-1000 Check No: Check Date: Check Total: 0000067499 11/19/2003 $6,250.00 INVOICE NUMBER I 1~2,!~E I VOUlgHER I 01-c-L-428 11/18/2003 000055224 GROSS AMOUNT 6,250.00 I DISCOUNT TAKEN I AMOUNT PAID 0.00 6,250.00 :- ~r1 'r '~ ~ . ~ '. .1105 lJ ~ c!.. ~ Dc!.. 00002 :Ic!.. 2 2 ooo~ lJ 0:1 .lIb b ~ c!..lJ 00000.11 "=-~ '''''"'"-''''''''<;~ :~--"-~~. ':/i" , '?~~-r=o ~:,':,WVU , ',':' r>\'~"~ii ' , ,1 :~,;,',2;~~ ~ ...~. =-~~-~--:-.-._+-.:_" ., , sA"" 09 JIlUU PIO^ .'.... '....,' c 00'OSl:'9$ Ll:L&lOOOOO :oNJOPU8^ ON ~~"'l:> 66tL900000 _,"_~_.' ~~..'... _ :.~::J _ 3 1~U~2 l:~00000~08l:tr ~'r'.:'~ ~~:",'''' * * * ~.:**,*iI:'*.* * *,*;.::* ~~~Jf}t~'~H?j ~jJ::~j 1''::' "'"",,~ 'I ~:.;~ <;'i:t::fi.:) t{j "II!iili!"~"""::"z.-,,,...;:;-:;"""I "IT1W"'":Ja::"II'II~n.l1llDl~ V~ 'V!NV1!V "V'N '~NVB VIAOHOVM .-.(.:"~'-, l;J~"':-?r sC':ao~ioo C1NV'~ A.L~I:I C13~ONnH' OIU CNVSnoHJ., XIS A~?~X3 ADd 1,,~;;I,:;:::i~1 ~1~::'~~1~'~~ .'~,~~~(~~"~I~." . h' ~," "-'f" ,-' :'::~::.::,"Jt:,;; :;:; ,!33~!S 3N33~~ .0&5' . ';~"'l';',I;;:,+:; ;i'=:": i".....:!NnOO C1NOWHOI~-V!Sn~nV .iu8p.10a'llOJAud :'~~~::~u~'~,,/ ~i.:~;~.~ {<~:-.'r': .." .,' . \' . ON 'baS l:l .__, ,..J2i~tf" lIIDQ ~~8l1:) &0!Jl:f6l/H;,.,. . .w', ~~"..~~" J<'r~~r~ ' ~..~ -1-1t"':i:.1_~ .Ll! 3...,/, 1 w=~lr. 2 LL__~U 2141641 REMOVE iEDGES 1, 2, 11 3 3 ~OO .::10 66trL900000 ooo~-oo~~ OOBl:tr ~ 00 l'UIO.::l 'ON SVN ){N\fS A:>N3SV tt60( y~ 'Y~Sn~nY 8 '['I HOOH ~~3H~S ~N~3H~ 0(5 A~NnOJ aNOHHJIH-Y~Sn~nY ~El:l:-6l:EOE V~ 'V~N\il~V '3'N H~nos ~~Vd 3^I~n:>3X3 09 .::10 ~d3a 'S~IV.::I.::IV A~INnNNO:> SNOi.l:)I1l:USNf 'DNI;\;3dO HO.:! ::iGl8 =::;~"!.fI ,:;1, :,;:.::: . IMlERIAL November 13,2003 Lena Bonner Augusta-Richmond County . Room 806, Municipal Building 530 Greene Street Augusta, GA 30911 THEAIRE Theatre rental on Grant Award 01CL428 Dear Ms. Bonner: Thank you for contacting us regarding the balance on Grant 01 CL 428 ($25,000) for the Imperial Theatre. We received $18,750 in October 2000 . We have fulfilled the terms of the grant and installed the orchestra level seats. We respectfully request the balance of the grant, payable upon the contract fulfillment. I understand that amount is $6,250.00. Please let me know if you need further information for me (706/722-8293 or 706/951-0580). Sincerely, L. ~ Lara.E. Plocha Assistant to the Director P.O. Box 31126 Augusta, Georgia 30903 . 706/722-8293 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Mike Beatty COMMISSIONER Sonny Perdue GOVERNOR August 27, 2003 Honorable Bob Young Mayor Augusta-Richmond County 530 Greene Street August, Georgia 30911 Dear Mayor Young: On August 28, 2000, we entered into an agreement with Augusta-Richmond County for Local A~sistance Grant #01-C-L-428 in the amount of $25,000 to repair and purchase/install ~ew seating for the Imperial Theater in AugustaJRichmond County. The first payment of $18)50 was made on August 28,2000; however, there is a balance remaining of $6,250. Due to the length of time this grant has remained open, we must request that you complete the project and return the Request for Final Payment form to our office no later than December 31,2003. If we do not receive the form by that date, any remaining balance for this grant will be deobligated, pursuant to item #10 of the grant agreement, and returned to the State Treasury. Thank you for your assistance in this matter. If you have any questions, please contact Bobby Stevens at 404.679.4943. Thank you. Sincerely, ~~ Mike Beatty Commissioner MB/bsa Enclosure EQUAL HOUSING~ OPPORTUNITY L.:.J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 RECIPIENT: Imperial Theater LA GRANT AGREEMENT 01-CL-428 NUMBER: LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT GENERAL INSTRUCTIONS: CERTIFICATION: This form is to be completed once you have fulfilled the scope of work as outlined in your grant agreement. Be sure to indicate the name of the Local Assistance Grant (LAG) recipient and the LAG grant number at the top of this form. The grant recipient is the entity that appears in the grant agreement and the grant number appears in the upper left-hand corner of the grant agreement. The certification statement below must be signed by the Chief Elected Official or by someone who is officially authorized to sign on the recipient's behalf. Please return the form to the above listed address. If you have any questions, please contact Bobby Stevens at (404) 679-4943. This is to request final payment on the Local Assistance Grant of the above referenced grant number. In making this request, I hereby certify that the "Scope of the Project" as identified in Exhibit A of the above referenced Grant Agreement number has been completed. I further certify that all funds provided by this grant have been spent in accordance with the terms and conditions of the Agreement and that all the information stated herein is true and accurate. ~ N d T. 1 Bob Young, Mayor ame an It e D November 7) 2003 ate " l' (i; ~.;.". -- GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 Imperial Theater RECIPIENT: LA GRANT AGREEMENT NUMBER: Ol-C-L-428 LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT GENERAL INSTRUCTIONS: CERTIFICATION: Authorized Signature Bob Young~ Mayor Name and Title This form is to be completed once you have fulfilled the scope of work as outlined in your grant agreement. Be sure to indicate the name of the Local Assistance Grant (LAG) recipient and the LAG grant number at the top of this form. The grant recipient is the entity that appears in the grant agreement and the grant number appears in the upper left-hand cotner of the grant agreement. The certification statement below must be signed by the Chief Elected Official or by someone who is officially authorized to sign on the recipient's behalf. Please return the form to the above listed address. If you have any questions, please contact Bobby Stevens at (404) 679-4943 or Amy Hill at (404) 679-3154. This is to request final payment on the Local Assistance Grant of the above referenced grant number. In making this request, I hereby certify that the "Scope of the Project" as identified in Exhibit A of the above referenced Grant Agreement number has been completed. I further certify that all funds provided by this grant have been spent in accordance with the terms and conditions of the Agreement and that all the infotnlation stated herein is true and accurate. Date ~ . -, Application for Local Assistance Grant Local Assistance Grants are made pursuant to O.e.G.A. ~50-8-8(a) which provides in pertinent part: 'The department shaD make grants to eligible recipients or qualified local governments, which grants are specified by amount, recipient, and purpose in an appropriation to the department" 1. Recipient identified by the General Assembly in Appropriations Act: Augusta/Richmond County 2. Amount appropriated by General Assembly: $25,000 3. Purpose: of the Local Assistance Grant ,as specified by the General Assembly in the Appropriations Act: Repair and purchase/install new seating,for the Imperial Theater in Augusta/Richmond County , r 4. Information-Required by the Department of CoOlmuniry Affairs for Award: a. Plc:asc: provide a derailed description of the project, location. rype of work to be initiated, and for what purposes the funds awarded through this grant would be used. Attach additional pages if necessary. To provide art-programs and facilities by replacing the deteriorated existing seating. b. Please provide a budget for the proposed project, listing all revenues and expenditures. Project Revenues Project Expenditures Local Assistance Grant $25,000.00 Local Govt. Other $175,000.00 $200,000.00 Total $200,000.00 c. Provide expected project start up and project completion dates: Q..L ..J.2.. - ..Q.L Btpnninl DIlU Q..L - Q.L - ....Ql Completion DIIt~ I. 5. Contact Information: Please provide the following contact information for the grant. Name: Greg Goodwin Address: Imperial Theatre P.O. Box 3 1 1 26 City: Augusta State: GA Zip: 30 9 0 3 Telephone: 706 / 7 22-829 3 Facsimile: 706/11 ? -1 ?O? E-mail:gre'J@; lUperail th€Hitre. com Name: Address: Ciry: State: Zip: Telephone: Facsimile: E-mail: 6. Certification I. the undersigned authorized representative of the locil_governmem described in this application, certify that to the best of my,1 owle<;!ge, the information in this application is true and correct and the Local Assistance Grant subject to this aB6r tio ill e used for the purpos outlined abo~e. I further certify the local government described in this appf re itc: power and thoriry to expend funds for the purposes set forth herein. , ; t..A-. Aut uz- /S ___ 00 A mmtativ~ <2::J,~~A- DaU FeaJ~ f}4ar Titk For additional information or assistance, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Georgia Department of Communiry Affairs 60 Executive Park South, NE Atlanta. GA 30329-2231 www.dca.state.ga.us 6/00 '. ;.. '.; GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 12, 2000 Honorable Bob Young, Mayor Augusta/Richmond County 530 Greene Street Augusta, Georgiaa 30911 Dear Mayor Young: I am pleased to advise you that $25,000 in Local Assistance Grant funds has been included in the Fiscal Year 2001 State Budget. A brief description of the purpose for the grant is included on the enclosed application form. To begin the paperwork necessary to receive this grant, please complete in detail the attached application form and return it to my office. Once we have received and approved the application, we will forward a contract to you. We are delighted to assist you with your community development activities. If you have questions, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Thank you. SinC~relY~ ~don Commissioner JH:bsa Enclosure EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329.2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper ". ,,~ -. , STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this~day of ~~ 2000, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "Augusta"); and IMPERIAL THEATER hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of Community Affairs and to Augusta a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, Augusta deems the services to be provided by the Organization as essential and necessary for the citizens of Augusta and acknowledges that the Organization can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. Augusta agrees to appropriate to the Organization, and the Organization accepts, the sum of $25,000.00 (the "Funds"), to be paid to Organization upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the Organization agrees to perform the following services, which Augusta has determined renders a substantial benefit to its citizens, to wit: To provide art programs and facilities. 1 ~ 1 ~ Augusta has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: o Police and fire protection; o Garbage and solid waste collection and disposal; o Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; o Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; o Parks, recreational areas, programs, and facilities; o Storm water and sewage collection and disposal systems; o Development, storage, treatment, purification, and distribution of water; o Public housing; o Public transportation; , Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; o Codes, including building, housing, plumbing, and electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. 2 1/ '- ..." 0., . 4. The Organization shall hold harmless and indemnify Augusta, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 50-14-1, et seq.) if the Organization receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). Organization shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. Organization certifies that it is a tax exempt entity under ~ 3 "" ..., ';- i. 501(c) of the Internal Revenue Code. 8. Organization acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of LaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982) . "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive ,signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. Organization certifies that Augusta has made inquiry of 4 ~ ., ,,,, , Organization as to whether it is "organized out of belief in God or other supernatural beings" and Organization hereby certifies to Augusta that it is not so organized and that it is not a religious organization as defined above. 10. Augusta may terminate this Agreement, with or without cause, upon five business days written notice to the Organization. If at the time of termination, any funds under this Agreement have not been disbursed to the Organization, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, Organization agrees that this Agreement shall terminate should it be determined the Grant from the State to Augusta is in violation of any law or be declared invalid for any reason, and Organization shall refund or reimburse to Augusta any monies paid pursuant to this Agreement. IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. IMPERIAL THEATER ",::~'2LL_ON $(".'~~~ ~ ( ,'.-..~ '-->. i3 ';,ATTZST,:.~ :: iTi tlB"'-. ~ :;~. ;. :"'c,", .....:;- ~ ;; Sworn ~ hefo "' ..to ~and subscribed me thi:~ 15'" day of , 2000. Expires: ELlZABll H ::;WAIN Notary Public, Chatham County, Ga. My CommIssion Expires May 4, 2001 My 5 7 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS September I, 2000 ~iii Roy E. Barnes ERNOR Jim Higdon COMMISSIONER Honorable Bob Young Mayor of Augusta 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: The attached contract when executed commits state funds In the amount of $25,000 to Augusta/Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination oI;/sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contact. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning the two copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. The Department of Community Affairs is pleased to assist you and the General Assembly in the administration of this grant. If you have any questions, please feel free to call me or either Amy Hill at 404.679.3154 or Bobby Stevens at 404.679.4943. SinC~reIY~ ~don Commissioner RECEIVED JH/cm Enclosure cc: Richmond County Legislative Delegation ~FP 05 2000 ~i.- Augusta-Ricilmona County EQUAL HOUSING ~ OPPORTUNITY L:.I 60 Executive Park South, N.E. 0 Atlanta, Georgia 30329-22310 (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper " Grant No. Ol-C-L-428 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS TillS AGREEMENT entered into this 28th day of August 2000, 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"). WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of O.C.G.A. 950-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts. an amount not to exceed $25,000 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 returned 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: $18,750 Within ten days of the Department's receipt of the executed Agreement. $6,250 Upon receipt by the Department of WIitten certification of project completion in accordance with this Agreement. $25,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. .... 1 Grant No. 01-C-L-428 Page 2 of 5 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. ~45-1O-20 through ~45-10-28 and O.C.G.A. ~36-67A(l) through ~36-67A(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 Lel!allv Bindinl! Act. The Recipient certifies that it is duly organized. validly existing 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. Monitorinl! 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 fmancial statement of the Recipient and any future audits or financial statements until a'11 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 the Department, until such fmdings 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 Agency 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. II. Satisfaction. In the event the Department determines. in its sole discretion. that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) 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. ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. ~ ,. . Grant No. 01-C-L-428 Page 3 of 5 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. 1, Sec. II, Par. VlI. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutraily. without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433. or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar. meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission.will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement 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 WIiting. [Executions on following page] '1l ; . Grant No. Ol-C-L-428 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT FOR THE DEPARTMENT OF COMMUNITI AFFAIRS ~ By: By: ~MaYOr ~ Attachments: Exhibit A. KScope of Services" . ;.' ,.,- ; Grant No. Ol-C-L-428 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used Augusta/Richmond County to repair and purchase/install new seating for the ImpeIiaI Theater in Augusta/Richmond County. . If the preceding statement of purpose designates a pIivate program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named pIivate entity, or the pIivate entity that conducts the named program. If the appropIiation specifies not only an implementing entity but also a use of funds by the entity. such as improvement of a facility, Grant Recipient must impose that . use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate. suppose the appropriation is for a grant for renovating the facility of an histoIical society. An appropIiate implementation might be a contract for services in which the histoIical society promises that its historical displays will be open to the public duIing stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own histoIical sites. These are illustrations only. · It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. STATE OF GEORGIA GRANT CERTIFICATION FORM As required by House Bill 1364 of the 1998 Session of the General Assembly, each grant of state funds to a local government from the governor's emergency fund or from a special project appropriation shall be conditioned upon the receipt by the state auditor of a properly completed grant certification form. One Grant Certification Form should be prepared for each grant awarded to the local government The Grant Certification Form(s) should be submitted to the State Auditor with one ~py of the annual audit report. Questions concerning the preparation and submission of this form should be referred to Local Government Audit Section of the Georgia Department of Audits and Accounts. Instructions for Completion 1. Complete lines A through K on page 2 of this form. Please note that one fOIm should be used for ~ grant from the governor's emergency fund or from a special project appropriation. 2. The appropriate officials should sign and date the section entitled "Certification of Local Government Officials." 3. Attach Independent Accountant's Report. 4. Mail the Grant Certification Form (including Independent Accountant's Report) with one copy of the audited annual financial report to: State of Georgia, Department of Audits and Accounts Local Government Audits Division 254 Washington Street, S.W. Suite 322 Atlanta, Georgia 30334-8400 5. If the local government meets the eligibility criteria for an agreed upon procedures engagement in accordance with the provisions of the Official Code of Georgia Annotated Section 36-81-7, the local government is responsible for ensuring that the procedures performed by the independent certified public accountant are sufficient in scope to enable the CPA to complete the Independent Accountant's Report. These procedures include examination of grant application and award documentation to become familiar with the terms and conditions of the grant; verification of receipt of grant proceeds; and evaluation of the local government's documentation of expenditures. The purpose of these procedures is to comply with the provisions of House Bill 1364 requiring certification that the grant funds were used solely for the express purpose or purposes for which the grant was made. 6. _ Whether the local government engages an independent certified public accountant to perfonn an audit or perfonn the agreed upon procedures, for purposes of meeting the requirements of House Bill 1364 the independent CPA should be engaged to examine management's assertion of compliance with the requirement to use grant funds solely for the express purpose or purposes for which the grant was made. The independent CPA should conduct the engagement in accordance with the standards for examination engagements for compliance attestation contained in the Codification of Statements on Standards for Attestation Engagements. 7. This fonn and the accompanying Independent Accountant's Report is required to be filed with the state auditor in conjunction with the annual audit for each year in which grant funds are expended or remain unexpended by the local government. 8. Questions concerning the provisions of House Bill 1364, the State of Georgia Grant Certification Form, or attestation engagements should be referred to Edward Blaha, Deputy Director, Local Government Audit Section, at the address listed above; telephone (404) 651-5115; fax (404) 651- 5608; or e-mail blahaef@mail.audits.state.ga.us . , STATE OF GEORGIA GRANT CERTIFICATION FORM A Local Government B Information For Year Ended , ! C State A warding Agency , D Grant Identification Number E Grant Title F Grant A ward Date G Grant Amount H Balance - Prior Year (Cash or Accrued or Deferred Revenue) I Grant Receipts or Revenue Recognized J Grant Disbursements or Expenditures K Balance - Current Year (Cash or Accrued or Deferred Revenue) (Line H + Line I - Line 1) Certification of Local Government Officials I have reviewed the information presented above and certify that it is accurate and correct. I further certify that the proceeds of the grant award identified above were used solely for the express purpose or purposes for which the grant was made. I understand that failure to comply with the provisions of the law applicable to this grant award shall result in a forfeiture of such grant and the return to the state of any such grant funds received. Signature of Chief Elected Official Date Signature of Chief Financial Officer Date .. , . IndeDendent Accountant's ReDort We have examined management's assertion included in the accompanying State of Georgia Grant Certification Form about [name of government]'s compliance during the fiscal year ended [date] with the requirement to use grant proceeds solely for the purpose or purposes for which the grant was made for:each of the following grant award(s): [Individually identify each grant award of governor's emergency funds and/or special project appropriation.] Management is responsible for [name of government]'s compliance with this requirement. Our responsibility is to I express an opinion on management's assertion about the [name of government]'s compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name of government]'s compliance with this requirement and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on [name ofgovernment]'s compliance with the specified requirement. In our opinion, management's assertion that [name of government] complied with the aforementioned requirement for the fiscal year ended [date] is fairly stated, in all material respects. , .. Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 October 18, 2000 Mr. Greg Goodwin Imperial Theatre P.O. Box 31126 Augusta, Georgia 30903 Dear Greg: Enclosed is a check in the amount of $18,750 representing 75 percent of your fiscal year 2001 State Appropriations under the Georgia Department of Community Affairs Local Assistance Grant Program. Should you have any questions or need any additional information, please feel free to call. Enclosure: , AUGUSTA-RICHMOND COUNTY COMMISSION 039492 F.:._,..,..,,,. ;';:::,~.,,~, ' -),DESCRlPTION' d_': ';__ -_i-:-:.' ..; P.OiNUMBER . INVOICE NUMBEFl .' --- INVOICEAMOUNT --.-".. "- "'~. ". ' :_NET,AMOUNTc'-. '. 3RANT 01CL428 18, 750 .00 0 .00 18, 750 00 .. . - - - - - - - - - - '. - -- - - - CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 039492 10/06/00 18, 750 00 0 00 18, 750 00 " I ~~~ ~_'it~J~~..r:J ,1'".... ~:=" -l_ 64-137 &,11' , , '. m~..~iti:~twr!fM6UN;tJf"',i .' .,~ * S'f:a ,.7'5:6:';:0:0,' '"i- . Ii ~ :":, ..' ,,' '",:,1'" "II' r ~iIJ~;:(I'.'J,t~Jr;!~~';f;f~~itr~ · .' t~li', ',I: .....,,". .,., I ~ \ [' 'I' :'h *'"k!~~*I* *..* * *.*.** ** 1'.*,* *::*,*~**,$,lB, 15'0ANt>NOCENTS"3~ . v,t .r;;~ '!..'~'I' j t, ;1::, ""'_' ;:;i" --. ,." ~"l:,,:' "', )1,:?::~J,:.,i :f;,~~ j- f:';"' t1?~f;:/' . .'" , VOII)'A'~eR ~ DAYS). . w,:.~: :.I'l_-:== ~~ ~Z:' 75570 ;~B~RIlU. THEATRE. ~r~~ \'" ::,,::';..;, ',," !',.<, ('. ~~~;~~ ~ I I~ . 'I ~~? f;XzO~lt: ,fb? .tP~(.f~':",,>\. ,f.~ . . l .<-;: " ASSISTANTCOMFrROi..L.ER' . , . 'i'~ .,1' i':;,1 . ;.::~~,~' .:;. :.-/;~:t ~/'" ~'l:"~""';'~ ,:.","'/': P,\I'_,,~:,: //,.,.,11,"/ ~~~ ,-':-~:;~.. REGIONS BANK~OF;GEORGIA' AUGUSTA. GEORGIA _":III,t'l,,III:',11 1110 j t1 .... t1 2 III I: 0 b ~ ~ 0 ~ j 7 5 I: b 8 j 0 ~.... 8 j t1 .... III \ Office of The Clerk of Commission lena J. Bonner, CMC Clerk of Commission Nancy ~1orawskl Deputy Clerk Room 806 - Municipal Building 530 Gleellt: 5i.J t::t:i. - A\.iG\.i5lA, GA. 30;ii (706) 821-1820 - FAX (706) 821-1838 September 27, 2000 Mr. Greg Goodwin, Executive Director C/o Ms. Elizabeth Brownlee Imperial Theater P.O. Box 31126. Augusta, Georgia 30903 Dear Greg: Enclosed is a check in the amount of $15,000 representing final payment of your FY2000 State of Georgia appropriations Grant No. 00-C-L-403 and 00-C-L-486 through the Georgia Department of Community Affairs Local Assistance Grant Program. If I can be of further assistance, please feel free to call. nner, Clerk of Commission Enclosure: Authorized pick up Ms. Elizabeth Brownlee Date 10/2/ ()() I \ .- AUGUSTA-RICHMOND COUNTY COMMISSION 038522 <>,'-':. ---._--. DESCRIPTION -' P.O. NUMBER -INVOICE NUMBER' INVOICE AMOUNT. -- NET AMOUNT GRANT 00CL403 2,500.00 0.00 2,500.00 GRANT 00CL486 12,500.00 0.00 12,500.00 - ~ , - CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 038522 09/22/00 I 15,000.00 0.00 15,000.00 " II I , " "11 :' /tr:~~l~i!l:r~,~~)~ - -, ~>c :, . ~,,::~I~I:M?:'<i!II..!~ ."- '" ;.:~::"I'~~', I . :FA'-RICHM.oND' COU NTY 'e.arll,~'llSS,ION';f, . :~~ A€C.elmTING: DEPA&TMEN'f' ';"', . ESTREET'II' {-Ii' .n -, RGIA~,3()911:1:' " ~ Olll 821-2334f 1;'" tll,' , : '~'~ I, ,. , . . " I II' " , , I " I ~~~.,i -~:c.;.:Y ~~-J ''''-~~~ ;;re" d~'. :1';11/ ' I' .""<'. "ii . c""o ",,~,r-..i-l " 0 3,8~5'~ :.(;--~j;-;~~ - &4-137 611 ~~-~~ r'_'!. ,- . - . i~;;~~,Ar.,OQr..i.tnF~r\Y~ff;;lii;1" . t-" " ~ -, . " ,". , ,': ;~:* $1.5, 00,0 . 00 ' . .." . I, . , r *i-"l.f<i;*:o'}" * * *.*.,* *,*":*:;* ****;* * *':1'",,*;*"*-$:1.5 o:aOANBNOCENTS I J~tJ~1tc ' .'; 'I ,:",1', :",'. ;,'_ ",/'_ ' 'Ii' '<.; '. :, '; ":',; ,', ~ ~rr, i.> . ~ , II. ' " . -'" ,w -, :::i.~~::~~.-, ",',., I .' ',' -'VOID AFTER'SO DAYS , ',"1' " .' ~ ;' : 75570 PAY ~!~ {~*IAL. " "1 ,{ I' Ie j ,. -:',~A". . ~/). ".d'~' -, '. .' .';'[ ltJ~a< J,tj'. t<J~c;/'?'\..-O,: ~~?::~~:'.~~,S~TANT ~M7R~:U:ER ;i;, i' ,'; .:: - .~ REGIONS BANK OF GEORGIA AUGUSTA, GEORGIA 1110 18 5 2 2 II' ': 0 b . .0 . 1 7 5 I: b 8 10 . 48 1 g 411' GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Mike Beatty COMMISSIONER Sonny Perdue GOVERNOR November 21, 2003 Honorable Bob Young Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is the final payment in the amount of $2,500 for Local Assistance Grant #00-C-L-505 to Augusta-Richmond County. If you have any questions, please call Bobby Stevens at (404) 679-4943. Sincerely, ~~~ Mike Beatty Commissioner MB/ja Enclosure 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper EQ HOUSING~ OPPORTUNITY L.:J Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 February 16, 2004 Ms. Shelia L. McFalls c/o Ms. Sharon.Henderson Financial Secretary Jack and Jill of America, Inc. Augusta, Chapter 2507 Castlewood Court Augusta, Ga. 30904-3362 Dear Ms. Henderaon: . Enclosedis a checkin the amount of $2,500:00 representing final payment,(25%) of your '00 Georgia Department of Community Affairs Local Assistance Grant No: OO-C",L- 505. If we can be of any further assistance, please feel free to call. . Very truly yo ~ . Bonner Clerk of Commission Enclosure: Jack and Jill of America. Inc. Augusta Chapter P. O. Box 14575 Augusta, GA 30919-0575 December 30, 2003 Ms. Lena Bonner Augusta Commissioners Office Municipal Building 530 Greene Street Room 806 Augusta, GA 30911-4413 Dear Ms. Bonner: 2000 GRANT AWARD I am writing this letter to inform you that the Augusta Chapter of Jack and Jill of America. Inc. has fulfilled its obligation to the 2000 Grant Award and we would like to receive the final payment of $2500.00. It is my understanding, based on discussions between you and Dr. Marsha Moorman. that these funds can be deposited into the Chapter's operations account because we provide services to the children in the community. If this assumption is incorrect. please let the Chapter know. The Chapter would also like to receive a copy of the criteria. if any. that is associated with the use of the funds. The check can be made payable to Jack and Jill of America, Inc., Augusta Chapter and can be mailed to the Chapter's Financial Secretary at the following address: Mrs. Sharon Henderson 2507 Castlewood Court Augusta, GA 30904-3362 Please feel free to contact me if you have any questions, comments. or concerns. I can be reached at 952-6819 (work), or 737-8333 (home), or slmcfalls1@hotmail.com (e-mail). ;ArT ;j, l{{l!~0L. MCF~l'f!Pddh--- Augusta Chapter President c: Mrs. Sharon Henderson Mrs. Deborah Brown Jack and Jill of America. Inc. Augusta Chapter P. O. Box 14575 Augusta. GA 30919-0575 December 30. 2003 Ms. Lena Bonner Augusta Commissioners Office Municipal Building 530 Greene Street Room 806 Augusta. GA 30911-4413 Dear Ms. Bonner: 2000 GRANT AWARD I am writing this letter to inform you that the Augusta Chapter of Jack and Jill of America, Inc. has fulfilled its obligation to the 2000 Grant Award and we would like to receive the final payment of $2500.00. It is my understanding. based on discussions between you and Dr. Marsha Moorman, that these funds can be deposited into the Chapter's operations account because we provide services to the children in the community. If this assumption is incorrect, please let the Chapter know. The Chapter would also like to receive a copy of the criteria, if any, that is associated with the use of the funds. The check can be made payable to Jack and Jill of America. Inc.. Augusta Chapter and can be mailed to the Chapter's Financial Secretary at the following address: Mrs. Sharon Henderson 2507 Castlewood Court Augusta, GA 30904-3362 Please feel free to contact me if you have any questions. comments. or concerns. I can be reached at 952-6819 (work), or 737-8333 (home), or slmcfallsl@hotmail.com (e-mail). ~T:' Vl!YJ!e~L.~~~ Augusta Chapter President c: Mrs. Sharon Henderson Mrs. Deborah Brown AUGUSTA-RICHMOND COUNTY COMMISSION 117695 ."._>:::,.': .:DESCRIPTION", 3RANT ~,., ", ,- ".-~.....' l- -" F_ -.';' - i' :'P.O::,NUMBER-;: HINVOICENUMBERc:;' :-^/':INVOICE'AMOUNT" - '." .,-,--:.;'"'' oil:'':'::. ... ",,:";P':HNET"AMOUNT:':?',."'" 00CL505 2,500 00 0 00 2,500 00 117695 CHECK DATE 01/09/04 TOTAL INVOICES DISC TOTAL CHECK TOTAL CHECK NUMBER 2,500.00 0 00 2,500.00 I' I" , I' "11 :. r \ _"'I ,I~:',:':H/I~i 110:::, ;',1';,'/ li>:':',I" "<""':'.,):'<::ill'" ,:,i';'.": iI,::',",,: >:I'I~;'I"''''- ( AW,Gl!J'5liA~RI0f;1MON~I[(;:OUNi;ny'"O'c ". " . COMMISSION "11, .~". . ROOM 105, ACCOUNTING DEPARTMEN;T - '.,- 530,GREENE'STRECJ:\'ii'l't 1'f;:T?' AUGl.\STA"GEOR9IA 309~~'!~!' !~~'Ifi : PHONE (70,6) 821~2334!~'1,1"_ ,.::,:1":' . . '.,' ',~,F:I.'~~I.;~~,;,/ ~;i,i.~:':I'i:",i II" " I I I I I "I I ~ 610 117695 ;*;gA~H~9J~{NQ~,*@lm ******************************************'fr****$2,500ANDNOCENTS \' ,Ir I . VOID AFTER90 DAYS "',i I' , d'S56,9 JACK & JILL OUTREACH PROG PAY _ TO THE 'ORDER OF "r ,.' 1 ~,.I .,,' JOOYWla ~ ,uJ~ C;-I?'t--O, AssisTANT C6MPT~OLl:ER " , " "1:": . ~ ..\' I,', 'i' ~'...... " , ,.,'"" ..,.." FIRST UNIGN'NATIONAL B;t(NK ,""' AUGUSTA, GEORqlA , ' .,,," ,.I:..!?' :'" ..1, ' III ~ ~ 7 b CiSIII -:0 b ~OOO 2 27-: 208000070 287 bill ---, u u w ci ~>:. ..JW UJ III en a: -::> (/) 1=z a: ~Q e z 01- a: ..J::> UJ wI:: > ml- e en CJ Zz 0- U. -..J e 1Il<( ce- O OU a: z c( Q.c( ::;:z e <u: CD .... UJ III a: > .0 a: Wu. UJ I- IJl -0 a:w UJ ~>- a: ....a: ..J OW c( Zen a: W UJ oa: 0 0 UJ U. * - w ce W J: W " 1Il ce I I 0 c U Z >< W 8E911712 Page 001 OF 001 Vendor No: 0000013727 Vendor Name: AUGUST A -R I CHMOND COUNTY ..,._-,-~--~-~..,.--~-----..-----~-~ ~ - -. STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS ATLANTA, GA BANK 1100-1000 Check No: Check Date: Check Total: 0000067496 11/19/2003 $2,500.00 ,I : I I....) INVOICE NUMBER I INJ2~E I VOUI5HER I t 00-c-L-505 11/18/2003 000055220 GROSS AMOUNT 2,500.00 I DISCOUNT TAKEN I AMOUNT PAID 0.00 2,500.00 II I I I-.-J II I I '-> i I ;2 U ." ;; .; ., i'; '" "- "'v " ~ i I ':Z ~ U ;;; " <) ~. C ~ C ..,: , " , z " I..: 8 ~ 2 .", .v '" ~ /<'. I~ ~ i Q "- I I i' ,::1:' .:-". V2i;,'::O-: :,1.':<::: :::-~W OF~:;'.!I\\;:;; !1\~~UCT~::'r~S COMMUNITY AFFAIRS. DEPT OF 60 EXECUTIVE PARK SOUTH N.E. ATLANTA, GA 30329-2231 AUGUSTA-RICHMOND COUNTY 530 GREENE STREET ROOM 118 AUGUSTA, GA 30911 l AGENCY 42800 BANK 1100-1000 MAG NO. 0000067496 FORM 001 OF 001 8E91171G + ':J Iii I ' Z " I '- '-,-;::'"_____ .Ji' r:- " S '& '(; I ~_ S:H~:J;::; 3^OrA!3~ t: ~..n~ ~-~ , I,77b , " ' 11/19/2003 Chock Dale 9 s~~. No - ". PaylothoOrdorol AUGUSTA-RICHMOND COUNt~," 530 GREENE STREET"~. 'i'" , ~j';, ~ 7'0', ... ." ..'., Pay Exactly TWO THOUSANO FIVE HUNDRED AN,D',00/100, S *********"~:~*'***.**** . .. t I I 428010000009 " 11111""" 1111" I " ""I .6000000~OB~t. G f] I~_:~J [j ~ / C 0000067496 Chock No VondorNo: 0000013727 $2,500.00 Void',after 60 days nJtt2f ~~~l~~~~~'!;.!;'~~.J~-~~ ':"::"~=;"-~"'~'''''::''''-l;.7;;;'=~-,"''''-~--'''--~~,"""",-''-'='c ,"'~_ '"'..-'.', -\ 11100000 b 7... g bill 1:0 b .000 2 271: 2000070.7... b 50111 _.,"tJ~'_I"'"""".":>._':_.l..:":t.-". ."",).'~"""""-:-:'~j":;':;;;~;:;"":"""3'1, .~....... .....~:P "f::' ~'='i . . : : ....... GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Mike Beatty COMMISSIONER Sonny Perdue GOVERNOR August 15,2003 Honorable Bob Young Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: On September 9, 1999, we entered into an agreement with Augusta-Richmond County for Local Assistance Grant #00-C-L-505 in the amount of $10,000 for operating funds for the Jack and Jill Outreach Program for disadvantaged youth/foster children in Richmond County. The first payment of $7,500 was made on October 20, 1999; however, there is a balance remaining of $2,500. Due to the length of time this grant has remained open, we must request that you complete the project and return the Request for Final Payment form to our office no later than December 31, 2003. If we do n'ot receive the form by that date, any remaining balance for this grant will be deobligated, pursuant to item #10 of the grant agreement, and returned to the State Treasury. Thank you for your assistance in this matter. If you have any questions, please contact Bobby Stevens at 404.679.4943. Thank you. Sincerely, /tfd ~~ Mike Beatty Commissioner MB/bsa Enclosure EQUAL HOUSING~ OPPORTUNITY L:.J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 RECIPIENT: Jack &Ji11 LA GRANT AGREEMENT NUMBER: 00-CL-S05 LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT GENERAL INSTRUCTIONS: CERTIFICATION: Authorized Si nature Name and Title This form is to be completed once you have fulfilled the scope of work as outlined in your grant agreement. Be sure to indicate the name of the Local Assistance Grant (LAG) recipient and the LAG grant number at the top of this form. The grant recipient is the entity that appears in the grant agreement and the grant number appears in the upper left-hand cotner of the grant agreement. The certification statement below must be signed by the Chief Elected Official or by someone who is officially authorized to sign on the recipient's behalf. Please return the form to the above listed address. If you have any questions, please contact Bobby Stevens at (404) 679-4943. This is to request final payment on the Local Assistance Grant of the above referenced grant number. In making this request, I hereby certify that the "Scope of the Project" as identified in Exhibit A of the above referenced Grant Agreement number has been completed. I further certify that all funds provided by this grant have been spent in accordance with the terms and conditions of the Agreement and that all the information stated herein is true and accurate. ~ Bob Young November 6. 2003 Date GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, NE · Atlanta, Georgia, 30329-2231 Jack & Jill RECIPIENT: LAGGRANT AGREEMENT NUMBER: 00-C-L-505 LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT GENERAL INSTRUCTIONS: This form is to be completed once you have fulfilled the scope of work as outlined in your grant agreement. Be sure to indicate the name of the Local Assistance Grant (LAG) recipient and the LAG grant number at the top of this form. The grant recipient is the entity that appears in the grant agreement and the grant number appears in the upper left-hand comer of the grant agreement. The certification statement below must be signed by the Chief Elected Official or by someone who is officially authorized to sign on the recipient's behalf. Please return the form to the above listed address. If you have any questions, please contact Laura Jones at (404) 679-3154. CERTIFICATION: This is to request final payment on the Local Assistance Grant of the above referenced grant number. In making this request I hereby certify that the "Scope of the Project" as identified in E.xhibit A of the above referenced Grant Agreement number has been completed. I further certify that all funds provided by this grant have been spent in accordance with the terms and conditions of the Agreement and that all the information stated herein is true and accurate. Authorized Signature Bob Young, Mayor Name and Title GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER September 10, 1999 Roy E. Barnes GOVERNOR- Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: The attached contract when executed commits state funds in the amount of $10,000 for operating funds for the Jack & Jill Outreach Program for disadvantaged youth/foster children in Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contact. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning two copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. The Department of Community Affairs is pleased to assist the General Assembly and Augusta- Richmond County in the administration of this grant. If you have any questions, please feel free to call me or either Amy Thompson at 404.679.31 S4 or Bobby Stevens at 404.679.4943. - l~~~ ~~ Jim Higdon ~ -' Commissioner JH/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L:J ./JAwlf!)5 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer . I1>t. Recycled Paper /1 W , Application for Local Assistance Grant Local Assiscanct: GrantS are made pursuant co O.e.G.A. ~50-8-8(a) which provides in pertinent part: "The department shall rmzke grants to eligible recipients or qualified local go va-nments, which grants are specified by amqunt. recipient. and purpose in an appropriation to the department" 1. Recipient idt:ntified by che General Assembly in Appropriations Ac:: Richmond County 2. AmOUnt appropriated by General Assembly: $10,000 3. Purpose of the Local Assistanct: Grant as specified by the General Assembly in che Appropriations Act: Operating funds for the Jack & Jill Outreach Program for disadvantaged youth/foster children in Richmond County 4. Information Requirt:d by the Department of Communiry Affairs for Award: a. Please provide a derailed description of the project, 10CIrion. type of work to be initiated, and for what purposes the funds awarded through this grant would be used. Attach additional pages if necessary. b. Please provide a budget for che proposed project, listing all revenues and t:."Cpenditures. Project Revenues Project Expenditures Local Assiscanct: Grant o Local Govt. 10 I 000 . 0 0 I c/ /0; 000 . 00 Ocher Total c. Provide expected projecc Start up and project completion dates: - - --- &rinnin! Dau Completion Dau 5. Contact Information: Please provide che following contact information for the: grant. Name: rn ~ K ~ hG\.. -S. Y"YY90 n0J6J) ?O.~QX \4,5rS ?fte ~l<ie.n.+- Address: City: ~ J ~\ S +0-. Telephone: [70/'1)73 <:S -l gOl Scate: &!\- Zip: ~OqCJ b' Facsimile: E-mail: Name: Address: City: State: lip: Telephone: Facsimile: E-mail: 6. Certification I, the undersigned authorized representative of the local government described in this application. certifY that to the best of my ledge. the information in this application is rrue and correa and the Local Assistance Grant subject to this a pli on ill be used for the purposes outlined above. I further cen:ii)r the local government described in this appli al ~e p er and authoriry to expend funds for the purposes set forth herein. Dau IY\.Cq'2-~ "'0... - j . tJ\..oo YV-~Lu) Name (pIau print) ?nJ?~\ C~ €A\t- Tirk For additional informacion or assistance. please contact Amy Thompson at (404) 679-3154 or Bobby Stevens at (404) 679-4943. 5/99 AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY A TfORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: JWall@co.richmond.ga.us ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM RICHARD L. COLCLOUGH FREDDIE L. HANDY WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, m J. B. POWELL STEPHEN E. SHEPARD LEE BEARD Mayor Pro Tern CHARLES R. OLIVER, P E, CPA Administmtor MEMORANDUM To: Jack & Jill Outreach Program From: James B. Wall Date: September 9, 1999 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 concerning local assistance grants for fiscal year 1999-2000. In that memorandum, he addressed two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the fornl of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. The previous contract which we have used with private entities, which you may have already signed, meets the first requirement, i.e., it is a contract for services; however, I am concerned the DCA may reject the earlier contract because it does not clearly show the scope of services as being in aid of a lawful activity with a benefit substantially to the County. Therefore, I have revised the contract to provide additional language in this regard. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquires as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. I have attached two copies of the contract, SInce we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. . GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR June 1, 1999 Honorable Bob Young, Mayor Augusta-Richmond County Room 801 City-County Municipal Building Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $10,000 in Local Assistance Grant funds for Augusta- Richmond County has been included in the Fiscal Year 2000 State Budget. A brief description of the purpose for the grant is included on the enclosed application form. To begin the paperwork necessary to receive this grant, please complete in detail the attached application form and return it to my office. Once we have received and approved the application, we will forward a contract to you. We are delighted to assist you with your community development activities. If you have questions, please contact Bobby Stevens at (404) 679-4943 or Amy Thompson at (404) 679- 3154. Thank you. Since. ly. ~ 1m Higdon Commissioner JH: bsa Enclosure eQUAL HOUSING ~ OPPORTUNITY L:.J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679.4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper " ; Grant No. OO-c-L-50S STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 9th day of September 1999, by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and Richmond County. a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of O.C.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts, an amount not to exceed $10,000 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 returned 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: $7,500 Within ten days of the Department's receipt of the executed Agreement. $2,500 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $10.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. t '1 Grant No. 00-C-L-505 Page 2 of 5 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 ~45-10-28 and O.C.G.A. ~36-67A(l) through ~36-67A(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 Lei!a11y Bindini! Act. The Recipient certifies that it is duly organized. validly existing 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. Monitorini! 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 the 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 Agency 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: (1) has failed to comply with the terms of this Agreement in a timely manner: (11) has failed to complete all or a portion of the actions required under the Agreement: (111) 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. ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. .. Grant No. OO-C-L-505 Page 3 of 5 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution. "No money shall ever be taken from the public treasury. directly or indirectly, in aid of any church. sect. cult. or religious denomination or of any sectarian institution." Ga. Const., Art. I. Sec. II. Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange. 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally. without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification. and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice. relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement. it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it. and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire A.E!reement. This Agreement 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. [Executions on following page] -. Grant No. OO-C-L-505 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS By: Attachments: Exhibit A. ~Scope of Services" ( .. .. ~ ... ,l ~ . Grant No. OO-c-L-505 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Richmond County for operating funds for the Jack and Jill Outreach Program for disadvantaged youth/foster children in Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose. the purpose must be accomplished through a contract for services by the named private entity. or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity. such as improvement of a facility. Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. ",- -" ~. STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of ~, 1999, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "Augusta"); and JACK & JILL OUTREACH PROGRAM (hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of Community Affairs and to Augusta a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, Augusta deems the services to be provided by the Organization as essential and necessary for the citizens of Augusta and acknowledges that the Organization can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. Augusta agrees to appropriate to the Organization, and the Organization accepts, the sum of $10,000.00 (the "Funds"), to be paid to Organization upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the Organization agrees to perform the following services, which Augusta has determined renders a substantial benefit to its citizens, to wit: To provide a program for disadvantaged youth/foster children so as to promote public safety. 1 i . ~ t Augusta has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: ~ Police and fire protection; o Garbage and solid waste collection and disposal; o Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; o Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; o Parks, recreational areas, programs, and facilities; o Storm water and sewage collection and disposal systems; o Development, storage, treatment, purification, and distribution of water; o Public housing; o Public transportation; o Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; o Codes, including building, housing, plumbing, and electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. 2 ~ ", . , . 4. The Organization shall hold harmless and indemnify Augusta, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. S; 50-14-1, et seq.) if the Organization receives as a direct allocation tax funds which constitute.more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. S; 50-18-70, et seq.). Organization shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. Organization certifies that it is a tax exempt entity under S; 3 ",," 501 (c) of the Internal Revenue Code. 8. Organization acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of LaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982) . "The term I church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Insti tution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. Organization certifies that Augusta has made inquiry of 4 -. . ~ . . ..' . < Organization as to whether it is "organized out of belief in God or other supernatural beings" and Organization hereby certifies to Augusta that it is not so organized and that it is not a religious organization as defined above. 10. Augusta may terminate this Agreement, with or without cause, upon five business days written notice to the Organization. If at the time of termination, any funds under this Agreement have not been disbursed to the Organization, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, Organization agrees that this Agreement shall terminate should it be determined the Grant from the State to Augusta is in violation of any law or be declared invalid for any reason, and Organization shall refund or reimburse to Augusta any monies paid pursuant to this Agreement. IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. ATTEST: Title: By: ~TEST' JACK & JILL OUTREACH PROGRAM ORGANIZATION By'~~p~9~~tUO Sworn to and su~~s~ibed b 0 e me this ~ day of 1 9. Notary P lic My~mmission Expires: ~ ~~ro ~O "".~'c- .~ ~ '-' ~ - ~ ~ . j i "r ~- f -4 ~ -"'1'_"i "I ;;:;~:t;i ....... ~ 5 "i ... August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329 Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta-Richmond County grant recipients: ORGANIZA TION GRANT NO. AMOUNT v Richmond County 03-CL-886 $15,000 _ Marshal's Dept. e-- -: Augusta-Richmond Co. 03-CL-15 $50,000 0/ ARC Animal Control 03-CL-20 $15,000 -.. ,/ Augusta Ballet 03-CL-887 $25,000..... ..... Delta Leadership 03-CL-892 $30,000 "., v Golden Harvest Food 03-CL-891 $10,000- Bank V Southeastern Firefighters 03-CL-890 $30,000 - V National Legacy 03-CL-889 $25,000 / Foundation Delta House/Laney 03-CL-888 $25,000 ., Museum v/ Master City 03-CL-894 $15,000 .,; Souths ide Tutorial 03-CL-895 $20,000 - v" Barton Village Assoc. 03-CL-21 $10,000- V Augusta Museum 03-CL-18 $15,000- v Rachel LongStreet 03-CL-17 $25,000 - v Rachel Longstreet 03-CL-898 $25,000 - ....v Harrisburg Westend 03-CL-16 $35,000- ./ Augusta Players 03-CL-14 $25,000- v Augusta Mini Theater 03-CL-13 $50,000 _ v '", .~;~ v y Shiloh Comm. Ctr. 03-CL-23 $5,000 - y Richmond Academy 03-CL-893 $25,000 .} r Beulah Grove Resources 03-CL-24 $10,000 .- y J.....- ARC Opportunities 03-CL-25 $5,000 . Augusta Neighborhood 03-CL-26 $5,000 - v Improvement, Inc. y Lucy C. Laney 03-CL-27 $5,000 ~ Good Hope Social 03-CL-28 $5,000 ...... Services v CSRA Transitional Ctr. 03-CL-29 $10,000 ~ V -' New Savannah Rd. 03-CL-30 $40,000 -- Social Services v Augusta Mini Theater 03-CL-31 $50,000 ... v Southeastern Firefighters 03-CL-187 $10,000.- v v' Lucy. C. Laney 03-CL-899 $15,000 Y'" v Augusta Boxing 03-CL-897 $15,000 ./ V West Augusta Little 03-CL-896 $15,000- / League / V Beyond The Ark 03-CL-19 $10,000 Oy.tteach Services I' Augusta 03-CCCCL-22 $10,000 ~ African/American Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, Bob Young, Mayor Enclosures: 2 ., o 3 'CC-L-~tfr @ .. :.-:= ,,,' > GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $15,000 in Local Assistance funds for Augusta/Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds to provide lighting and purchase equipment at Master City Little League in Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates t9 the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers I. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, J \ 1'~ ex 4<<''- d. Laura J. Meadows Commissioner EQUAL HOUSING ~ OPPORTUNITY L.:J UMlja Enclosure cc: Richmond County Legislative Delegation 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper . , . . \~ Grant No. 03-G-L-894 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1st day of July, 2002, 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") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of O.C.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 authoIity 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. Accountability. 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 pIinciples. Any funds not expended for the purposes provided herein shall be returned 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 twenty days of the Department's receipt of the executed Agreement. $15,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. -; .~ . '( Grant No. 03-C-L-894 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of tJ:le 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. ~45-1O-20 through ~45-10-28 and O.C.G.A. S36-67A-l through S36-67A-6 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 Bindine: Act. The Recipient certifies that it is duly organized, validly existing and in good standing under the laws of the State of Georgia; that it has all the requisite power and authortty 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 a. MonitorinJ! 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 the Department, until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of O.C.G.A. ~36-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of O.C.G.A. ~36-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 8. Open Meetinl!s. 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 Agency 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 tenninate this Agreement, with or without cause, upon five business days WIitten notice to the Recipient. If at the time of tennination. any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. ~.. . ,( Grant No. 03-c-L-894 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) 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, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult. or religious denomination or of any sectarian institution." Ga. Const., Art. 1, Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes. for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith." "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related. to "organization," but may also mean a "custom, practice, relationship. or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement 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. [Executions on following page] ; ;. ~1( Grant No. 03-C-L-894 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first WIitten above. FOR TIlE RECIPIENT FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS By: f By: ~~ vA.~U:IS Laura J. Meadows. C6bWi.ssioner Federal Employers ID Number: 58-2204274 Attachments: Exhibit A, "Scope of Services" ~4 -:. ~ Grant No. 03-C-L-894 Page 5 of 5 EXHmlT A The Local Assistance Grant shall be used by Augusta-Richmond County for lighting and purchase equipment at Master City Little League in Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for senrices by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for senrices. The senrices must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for senrices in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. AUGUSTA-RICHMOND COUNTY COMMISSION . _-_"/-,:,OESCRlpTION",/ !~":,{'",~,,,-,,;"h,,'\' >:~~',~M1f~:}::~:/i "_" p.Oi",IUMBER;;, idlNVO CE'NUMBER,)- 'UdHNVOICJ;AMOUNT.'- ;~:tn f.lli~i*~m*;~~1t: ~lW'.'r~?b:;: 'NETAMOUNT - . ., .... ,. . -"P," .. ':';i"~,t:'i:i/;~: :;:..-::,: : ::. - - ex:;:;;';:';;:"-": IUOCAL ASSI STANCE GRANT AWAF In v'..JCL8 9 6 15 , 0 0 0 . 0 0 0 0 0 15 , 0 0 0 . 0 0 . I . -: CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL n 84 3 3 0 0 8 /3 0 / 0 2 1 5 , 0 0 0 . 0 0 0 . 0 0 1 5 , 0 0 0 . 0 0 .~ ~ 084330 -,. . ". '-- ~ . J' i AUGUSTA:RICHMOND COUNTY COMMISSION ROOM 105, ACCOUNTING DEPARTMENT 530 GREENE STREET AUGUSTA, GEORGIA 30911 PHONE (706) 821-2334 -- . ...'. ,. CHEcKDATE ~:"";:c~EcI(No.<>t\ < .~ '. 0 8 / 3 0 / 0 2 0 8 4 3 3 0 : {AMOUNT ' **$15,000.00 **********************************************$15,OOOANDNOCENTS NON NEGOTIABLE COpy TOTHE ORDER OF 5797 WEST AUGUSTA LITTLE LEAGUE 2437 BOXWOOD COURT AUGUSTA, GA 30904 11108 L. :l :l01l1 1:0 b ~OOO 2 271: 208000070 287 bill . Office of The Clerk of Commission mrJ:-Bonner;-cMe Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 October 23,2002 Master City Little League C/o Mr. Wayne Chancey P.O. Box 6223 Augusta, Georgia 30906 Dear Mr. Chancey: Attached is a check in the amount of $15,000 representing total payment of your FY2003 State of Georgia appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program for the Master City Little League. If I can be of further assistance, please feel free to call me at 706-821-1823. Enclosure: .pt~ I) ufJ 7::s rt /tJ-dfl12;;l.. Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis or CC: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1. Attached is Copy State Grant Documentation for ..QJC-L-894 State Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an extemal auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. Name LAr'(\1 J)e~~aAI\)Cer- Telephone No. 7910' JhR- (Please print) Signature ~ Address . Page 1 Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Oerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Deputy Finance Director FROM: Lena J. Bonner, Clerk of Commission DATE: October 7, 2002 SUBJECT: Department of Community Affairs Local Assistance Grant Awards Please issue an Augusta-Richmond County check to the following Local Assistance Grant recipient. Funds to cover this disbursement were sent to you on August 22, 2002 as listed in the enclosed letter. ue GRANT AWARD $15,000 Enclosed are copies of the contracts between State of Georgia, Augusta, Georgia and Master City Little League along with the audit statement. As always, we appreciate your continued help. Enclosure: Office of The Clerk of Commission Lena J. Bonner, CMe Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 August 9, 2002 Fiscal Year 2003 Georgia Local Assistance Grant Recipient: ue GRANT AWARD $15,000 Enclosed are two copies of a contract between Augusta, Georgia and your agency regarding your Fiscal Year 2003 Georgia Department of Community Affairs Local Assistance Grant Award, which was awarded to you through the efforts of the Augusta- Richmond County Legislative Delegation. Please execute both copies of the contract along with the audit statement and return promptly to my attention. The city requires the execution of both documents before the release of any funds. Should you have any questions or need any additional information, please feel free to call me at 706-821-1820. Enclosures: AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY ATTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BoBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND_GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: MASTER CITY LITTLE LEAGUE From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of June, 2002, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and MASTER CITY LITTLE LEAGUE hereinafter referred to as the "ORGANIZATION"); WITNESSETH: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUSTA a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERA nON of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of$15,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perform the following services, which AUGUSTA has detennined renders a substantial benefit to its citizens, to wit: To provide recreational programs and facilities, including additional lighting and equipment for Master City Little League. AUGUST A has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 r Police and fire protection; r Garbage and solid waste collection and disposal; r Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; / Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purification, and distribution of water; r Public housing; r Public transportation; r Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUSTA has agreed to provide the State with any information, docwnents and/or photographs that AUGUSTA, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or financial statement of AUGUSTA and any future audits or fmancial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUST A documentation of Fund use or a copy of audited financial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved findings of AUGUSTA concerning expenditure of the Funds, whether based on an audit report, financial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such findings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUST A has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under ~ 501(c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City afLaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supematural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as dermed above. 10. AUGUSTA may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of termination, any ftmds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be determined the Grant from the State to AUGUSTA is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUSTA any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: MASTER CITY UTILE LEAGUE g~~\~ t~'-~ 60~O(' IN WTINESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year fIrst above written. MASTER CITY UTILE LEAGUE ORGANIZATION By ft.4 f;J;;J-,(, Mi ~ AITEST~~~ ?Ly TItle: t. c;Y Sworn to and subscribed before me this _ day of ,2002. Notary Public My Commission Expires: 5 ~ AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY A TIORNEY LEE BEARD TOMMY BoYLES ULMER BRIDGES ANDY CHEEK BODDY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.R1CIIMOND.GA.US GEORGE R. KOLB Administrator IDCHARDL.COLCLOUGH Mayor Pro Tern MEMORANDUM To: MASTER CITY LITTLE LEAGUE From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The fIrst concern is for funds for a grant to a local government for the benefIt of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefIt to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certifIcation that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certifIcation, please call me. O'3-C-.L-I'1 I, GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $10,000 in Local Assistance funds for Augusta-Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds to contract for services with the Beyond The Ark Outreach Services B.T.A. in Augusta- Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should . this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit, If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers 1. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, 0'~-~). Laura J. Meadows Commissioner LJM/j a Enclosure cc: Richmond County Legislative Delegation eQUAL HOUSING ~ OPPORruNITY L.:.J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-223] · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper f, Grant No. 03-C-L-19 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1 st day of July, 2002, 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") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of O.C.G.A. 950-8-8 to grant and administer public funds in furtherance of the public purposes speCified therein; and WHEREAS, 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 Pro1ect. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts. an amount not to exceed $10,000 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 ge:perally accepted accounting principles. Any funds not expended for the purposes provided herein shall be returned 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: $10,000 Within twenty days of the Department's receipt of the executed Agreement. $10,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. 'i y. Grant No. 03-C-L-19 Page 2 of 5 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, a.c.G.A. 845-10-20 through 845-10-28 and a.c.G.A. 836-67A-1 through 836-67A-6 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 LegaIlv Binding Act. The Recipient certifies that it is duly organized, validly existing 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 a. Monitoring 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 the Department, until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of a.c.G.A. 936-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of a.c.G.A. 836-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 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 afficial Code of Georgia Annotated. 9. No AlJ: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 perfonning any and all obligations under this Agreement. ' 10. Termination. The Department may tenninate 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. .. }. Grant No. 03-C-L-19 Page 3 of 5 11. Satisfaction. In the event the Department detennines, in its sole discretion, that the Recipient: (i) has failed to comply with the tenns of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (Hi) 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, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult. or religious denomination or of any sectarian institution." Ga. Const., Art. I, Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Anny to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The tenn 'church' is one of very comprehensive signification. and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice. relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement. it is the responsibility of the Grant Recipient'to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. - 13. Entire Agreement. This Agreement 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. [Executions on following page] ... ). Grant No. 03-C-L-19 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT FOR THE DEPARTMENT OF COMMUNITI AFFAIRS ~ Mayor BY:~ vl~ Laura J. Meadows. c~ner By: Federal Employers ID Number: 58-2204274 Attachments: Exhibit A. "Scope of Services" '" '.. Grant No. 03-C-L-19 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County for contract for services with the Beyond The Ark Outreach Services B.T.A. in Augusta-Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the retum is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. r~fijl;;~;aJ! . .-~ 7 Augusta-Richmond Counw Finance Department - ~.. Memo To: State Grant Recipient From: AI Denis CC: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1 . Attached is Copy State Grant Documentation for J)J-C-L-12- State Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. Name k'u'( l ~Y\ (Please print) Signatu~ \ Address ;;). ~ 0 '3 L, t-kw~J ~ Telephone Noild ,,) 7 q d -" b 7 {J 'by. ~v..--o-k I ~ .~die)L ~ v.. ~c..- (. . Page 1 Office of The Clerk of Commission . - - --- - -- - -Lena }. -Bonner, CMC- - - - <- Clerk of Commission Nancy Morawski Deputy Oerk Room.806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 October 23, 2002 Beyond The Ark C/o Karlton L. Howard 2403 Sumac Drive Augusta, Georgia 30906 Dear Mr. Howard: Attached is a check in the amount of $10,000 representing total payment of your FY2003 State of Georgia appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program for Beyond The Ark. If I can be of further assistance, please feel free to call me at 706-821-1823. Ve~ tru::;:L d!!!/fHitf/#t4/ Clerk of Commission Enclosure: ~..L-.4y- 16Id'l(()~ AUGUSTA-RICHMOND COUNTY COMMISSION 087257 ", ::,{'DESCRIPTION, ,. .., "", ,':"::',f':, ,~. :P.01>NUMBERi; "INVOICE':NUMBER." V..J:, INVOICEAMOUNT ........ ., "":".t.':"r,-::;:NETiAMOUNT::::+:':':" 3 RANT 03CL19 10 , 000 00 0 00 10 , 000 00 CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 087257 10/18/02 10 , 000 00 0 00 10 , 000 00 I' " , I .0 "11 :' o' I ." : IliiJ.-~, .~I~t~I~,II" ~".}~"~~:~;l' '" t.,l'~~~ ~ , , " I ',: 1 *'*,,* *,* * ~ i. ~ "~>,';~' . ,,' :',',,;"';>, . l;f",~~llfjJl~). ""t..,."~;;!./dl,~ =~~. '~l.jFJ."-<" ~, ,-.".:....'," *1* *~* \*,* *~,*,'* *,,*':K~*'* *'~*$'k!*,*~C>~O ' , ~I llII' .I -.,. '.II.: c It;~f ~ ~ ,-,~"" "It ~ [ ...~... I L ' "<I;' '('d" ,~"Vl' j~' I, "I ,~' I",:~' "'#1',' ! It;.!.' ,J, ' 1~'1~ t II~' n~' ,JlilI.\'~IJ {1;tf{I~ .~ ~ "'J e:,... .'Jl:lII.... ltR'\' iI~~ i1 ';IH -:.trl,t ~1~~~llr1 hW~ ( I, l' ~J.fl _p_l I,.. ~p~ 'll~1r~1f 0M{.:.o' ~,/-.: 'rl~ ~ ~'~'<~*.: ': :'~;1:i,":~;':j;'? ~~,;~:' 'J ,f.:" ' O~0:@AN@NQG}EN;r S~:;~~: ",.,~" !r,,"~ ' 'I';,"}'''''' ;1,1"" jll ~I':~t/ ;II~" ~,Hf';I:':% .1~ni'~"11 )~. ~I~"'~" . . ,r ~~f~il 'I'~I_~'~ 1~':~' r,.l'II~-1' l~f\I~;~{ l\~i:r.tJ~ ~~~ it, . A'/l ~:I~:'-':ll ';"~':I~I',:fl:" ,...:'_.... )"'",I.~ 1'\.(~II"'1, .'~ f,,~:; ,';1. '.l"lr :,L" "";,'~"'J(' ~"',c~,"_ "i l' ,,, ,? ':'{:;;';.' VOID AttrE~;90D~~~ I' 'I. ,,'" ~ 'r "'" :\" ,I :.,\' PAY TO THE. ,ORDERc , , OF T06245 ,BJt;YOND ''rHE'~ARKi','::',.t; :~:r.f, ;"';;':.:~Iiil'",,' h'/'O"'" KART'T" O'N"" T" ;H""O'W' ';~':iLl:r'\i, ",) /II'.., '"~t': ~-~',_.:,'" ~ ;u'~'".J ~~i.,. ,,~~;~j' tt"",III"t' /nl"-' 2 03' SUMA"C,r, 'DR' . ", ,:,.."~,,, '/,:1,1, 1~,,'I~'''>!r:'; ~"",~ -' '.j;". '....1>, ",'/' ..t: ",~. .' I".:r',j} ,t <(, .~f :;"1,1 ""f1~.)I,,/' 'AU: GUSTA">' GA 30'9'0'-'6" "..,."Iol",r/l', . .' , "'.., .' '. - '. . ~, '" ..(.1 .\: ,,,j!< /,' i~ 70 :tt~. . ~:~;::\ :~ f ~. ~?~~~~y -.'( ),::';' ",'~,r, -;r,-~. 'r"'J/f3'U",,,,:, @!J"'~"\7i?'''':''A''I~\>''c j~r'''-t' " i.-~.J,t-1: ';-~-'. ~r//\I"1,..f.A'h' '"I """""I'I'~(~~~I~ ~- <.) ::;,,~~f ~_. _ '4' r v ~r~t1'\' ;,' ."~'. ::"" ",,",1.>1" :~I~ _ -f ~~,<,~' :'~,':"\ ' Ild~;~ d..;""" // ,:":".i' ~ASSISfANTC6MPTRo'~CER 11 /rlif,r'\.f:./ 111\ d~^ " "'-,.. ,,-t/c' ' ',....' 'c, (/"1' ", ~,,\ -l'.J"~jll'f .'1 ~~ f ':,-:- .><i'~"_:1~; "/' ~'t',~/,I"J;'~~ ~ti~'I:,,> /:::"..'. (;t,~ "Ir;t'"rc~:;<~;,)~~' ~- <>y' FIRST. UNION NATIONAL BANk .l1"fr ~~ AUGUSTA, GEORGIA I ! i I \. III 0 a 7 2 5 7 II' I: 0 b ). 0 0 0 2 2 7 I: 20 aDo 0 0 7 0 2 a 7 b III Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM FROM: .~ Donna Williams. Deputy Fi~an~e Director /~a J. Bonner, Clerk of Commission TO: DATE: August 22, 2002 SUBJECT: Department of Community Affairs Local Assistance Grant Awards Enclosed are checks in the amount of $5,000 and $650,000 from the Department of Community Affairs. Please issue Augusta-Richmond County checks to the following Local Assistance Grant recipients: ORGANIZATION GRANT NO. AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. . Auqusta-Richmond Co. 03-CL-15 $50,000 ARC Animal Control 03-CL-20 $15,000 Auausta Ballet 03-CL-887 $25,000 Dtc Delta Leadership 03-CL-892 $30,000 Golden Harvest Food 03-CL-891 $10,000 ~ Bank Southeastern Firefiqhters 03-CL-890 $30,000 I. Delta House/Laney 03-CL-888 $25,000 Museum Master City 03-CL-894 $15,000 Souths ide Tutorial 03-CL-895 $20,000 ~~ Barton Villaae Assoc. 03-CL-21 $10,000 Auqusta Museum 03-CL-18 $15;000 ~ Rachel LonaStreet 03-CL-17 $25,000 64 Rachel Lonastreet 03-CL-898 $25,000 Harrisbura Westend 03-CL-16 $35,000 Auausta Players 03-CL-14 $25,000 Auqusta Mini Theater 03-CL-13 $50,000 6 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond Academy 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10,000 It: L ~ 'K- 'L ~ ~ ::>t:- i:::. ~ elL of'- e.. ~ K- ~ r '.'\c." ARC Opportunities 03-CL-25 $5,000 'cJ1c Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Lanev 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 ~ Services CS RA Transitional Ctr. 03-CL-29 $10,000 1'.c New Savannah Rd. 03-CL-30 $40,000 Social Services Auausta Mini Theater 03-CL-31 $50,000 0 Southeastern Firefiqhters 03-CL-187 $10,000 0 Lucy. C. Laney 03-CL-899 $15,000 oK- Auqusta Boxina 03-CL-897 $15,000 Qlt.. West Augusta Little 03-CL-896 $15,000 6L Leaque Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 African/American Historical Community These payments represent total grant award for each recipient. Thank you. Enclosure: Checks Cc: Mr. David Persaud, Finance Director 2 t::" K- ~~5D t:- t- ~ Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Deputy Finance Director FROM: Lena J. Bonner, Clerk of Commission DATE: October 10,2002 SUBJECT: Department of Community Affairs Local Assistance Grant Awards Please issue an Augusta-Richmond County check to the following Local Assistance Grant recipient. Enclosed for your records are copies of the State Contract and City Agreement. ORGANIZATION Be ond the Ark. GRANT NO. 03-CL-19 AMOUNT $10,000 Funds to cover this disbursement were forwarded to your office on August 22, 2002. Thank you. Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 October 3, 2002 Fiscal Year 2003 Georgia Local Assistance Grant Recipient: ORGANIZATION Bevond The Ark Outreach Services GRANT AWARD , $10,000 I I Enclosed are two copies of a contract between Augusta, Georgia and your agency regarding your Fiscal Year 2003 Georgia Department of Community Affairs Local Assistance Grant Award, which was awarded to you through the efforts of the Augusta- Richmond County Legislative Delegation. Please execute both copies of the contract along with the audit statement and return promptly to my attention: The city requires the execution of both documents before the release of any funds. . Should you have any questions or need any additional information, please feel free to call me at 706-821-1820. Enclosures: !i () 3-C-I--I1 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $10,000 in Local Assistance funds for Augusta-Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds to contract for services with the Beyond The Ark Outreach Services B.T.A. in Augusta- Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item l2) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers 1. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, cX'~~~~. Laura J. Meadows Commissioner LJM/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper ~. 't: Grant No. 03-C-L-19 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1 sl day of July, 2002, 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") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of O.C.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 Pro1ect. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts, an amount not to exceed $10,000 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 returned 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: $10,000 Within twenty days of the Department's receipt of the executed Agreement. $10,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. ~ b Grant No. 03-C-L-19 Page 2 of 5 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. 945-10-20 through 945-10-28 and O.C.G.A. 936-67A-1 through 936-67A-6 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 Binding Act. The Recipient certifies that it is duly organized, validly existing 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 confonnance with all applicable laws to make this Agreement and actions hereunder valid, enforceable and legally binding acts of the Recipient. 7 a. Monitoring 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 Deparbnent, shall preclude the Recipient from applying for or receiving any further grants or other funds from the Department: until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. TI1e Recipient agrees to comply with the terms and conditions of O.C.G.A. 936-81-8.1 with respect to the completion and submission to the State Auditor of a "State . of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of O.C.G.A. 936-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 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 Agencv 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 ternlination, any funds under this Agreement have not been disbursed to Recipient, said funds shall be retained by the Department. ,~ ... Grant No. 03-C-L-19 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) 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, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution. "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. I, Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have tlleir ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or. as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization." with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it. and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. . 13. Entire Agreement. This Agreement 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. [Executions on following page] '-'f. " Grant No. 03-C-L-19 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT By: ~. Mayor Federal Employers 10 Number: 58-2204274 Attachments: Exhibit A. "Scope of Services" FOR THE DEPARTMENT OF COMMUNITI AFFAIRS BY'~~~ Laura J. Meadows. C6 ~ner "i- ~" Grant No. 03-C-L-19 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County for contract for services with the Beyond The Ark Outreach Services B.T.A. in Augusta-Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose. the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility. Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. '. o 3 -C-1--I7 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 80 1 Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $10,000 in Local Assistance funds for Augusta-Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds to contract for services with the Beyond The Ark Outreach Services B.T.A. in Augusta- Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the fIrst payment. Please note that your Federal Employers 1. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, c?t~~~. Laura J. Meadows Commissioner LJM/j a Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper Grant No. 03-C-L-19 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1st day of July, 2002, 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") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of a.c.G.A. 850-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 $10,000 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 returned 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: $10,000 Within twenty days of the Department's receipt of the executed Agreement. $10,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. Grant No. 03-C-L-19 Page 2 of 5 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, a.C.G.A. 845-10-20 through 845-10-28 and a.c.G.A. 836-67A-l through 836-67A-6 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 Binding Act. The Recipient certifies that it is duly organized, validly existing and in good standing under the laws of the State of Georgia; that it has all the requisite power and authoIity 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 a. Monitoring 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 the Department. until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of a.c.G.A. 836-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of a.c.G.A. 836-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 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 Agencv 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. '- Grant No. 03-C-L-19 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) 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, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. I. Sec. II. Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it. belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). ''The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement. it is the responsibility of the Grant Recipientto comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it. and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. ' 13. Entire Agreement. This Agreement 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. (Executions on following page] \. Grant No. 03-C-L-19 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first WIitten above. FOR THE RECIPIENT FOR THE DEPARTMENT OF COMMUNITI AFFAIRS By: ~ vJ.~ Laura J. Meadows, c~ner By: Federal Employers ID Number: 58-2204274 Attachments: Exhibit A, "Scope of Services" ~ Grant No. 03-C-L-19 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County for contract for services with the Beyond The Ark Outreach Services B.T.A. in Augusta-Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility. Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. f' , (J3-(-L-~ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER July 1,2002 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $15,000 in Local Assistance funds for Augusta-Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds to expand operation of the Augusta-Richmond County Animal Control. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers I. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, J \7'~ ex Q,M.-'- a. # Laura J. Meadows Commissioner LJMJja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679.4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper ..... " :~ Grant No. 03-C-L-20 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1 st day of July, 2002, 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") . WHEREAS, the State of Georgia desires to promote the healtl~ and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of O.C.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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. TIle 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 returned 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 twenty days of the Department's receipt of the executed Agreement. $15.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. "t~' I ' . , >1 Grant No. 03-C-L-20 Page 2 of 5 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. ~45-1O-20 through ~45-1O-28 and a.c.G.A. ~36-67A-l through ~36-67A-6 and that the aforementioned parties shall continuously comply with the same throughout the tenn of this Agreement. Additionally, the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Legallv Binding Act. The Recipient certifies that it is duly organized, validly existing 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 confornlance with all applicable laws to make this Agreement and actions hereunder valid. enforceable and legally binding acts of the Recipient. 7 a. Monitoring 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 the Department, until such findings are resolved to the satisfaction of the Department. . 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of a.c.G.A. ~36-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of a.c.G.A. ~36-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 8. Open Meetinf!s. 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 Agencv 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 perfonning any and all obligations under this Agreement. 10. Termination. The Department may tenninate this Agreement, with or without cause, upon five business days written notice to the Recipient. If at the time of ternlination, any funds under this Agreement have not been disbursed to Recipient, said funds shall be retained by the Department. , :.: Grant No. 03-C-L-20 Page 3 of 5 11. Satisfaction. In the event the Department deternlines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) 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, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. 1, Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or. as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and ':denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In otller words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise, other tllan 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. [Executions on following page] -;--- 'I Grant No. 03-C-L-20 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT FOR THE DEPARTMENT OF COMMUNITI AFFAIRS By: 'U,~, Mayor i '6 rf By:~M~ Laura J. Meadows, Co~~er Federal Employers ID Number: 58-2204274 Attachments: Exhibit A, "Scope of Services" !' ....... ,-.. Grant No. 03-C-L-20 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County to expand operation of the Augusta-Richmond County Animal Control. · If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate. suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. -, Office of the Mayor Bob Young, Mayor Room 806, Municipal Buildjng 530 Greene Street, Augustar GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329 Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the fallowing fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA TION " . GRANT NO. . " AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. . 03-CL-15 $50,000 ARC Animal Contral 0;3-CL-20 $15,000 Augusta Ballet 03-CL-887 .$25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta Hause/Laney 03-CL-888 $25,000 Museum Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond Academy 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 Services CSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 Africanl American. Historical Community '.' As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, .' GEORGIA DEPARTl\1ENT OF COMMUNITY AFFAIRS Laura Meadows COlVTh-USSlONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 GrantNo.03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. eaUAL HOUSING ~ OPPORTUNITY L...:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us An Equal Opporrunity Employer @ Recycled Paper Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ~CJ.;t(~ Laura J. Meadows Commissioner uMlja Enclosures .' STATE OF GEORGIA 'OEPARTMENT OF COMMUNITY AFFAIR& ATLANTA, GA BANK 1100-1000 ;1 :,:: Paga 001 OF 001 Vendor No: 0000013727 Vendor Name: AUGUSTA/R I CHMONO C.OUNTY ';,;:~- . ~ ,.~. i~ ;~,; ~~J;t' ::~'..~".";-;~' .. c..'.:~~~ W ;-:.--( .;.:;~~~,-~;;'~: "'~77. _ :/14/7002.' :,::~. ,.' ,Chec~Da!-' ..' . ..Jiiit:'\.v". " . ' 1t.. " .. ~"Bi: ,"l,. , ' " ,8" Pay to tho Ordo;.~"of.lbWGUS,TA\fR I CHMOND\ COUNirY," ': .;;,'-:J~:;"~::\t),; GREENE. STRE,:E,T '~~Y;~~l~~r. ~::~;" ,,' .~~g'~" , Pay.ExBClly '~:Xi.;HiJNOREO: FIFTY/:T:HOUSANO' ...:~.,. ::.:.:;;" INVOICE NUMBER 03-C-L-13 03-C-L-14 03-C-L-15 03-C-L-16. 03-C-L-17. 03-C-L-18 03-C-L-18/ 03-C-L-19; 03-C-L-20 03-C-L-21 03-C-L-22 03-C-L-23 03-C-L-24. 03-C-L-25 03-C-L-26: 03-C-L-27 03-C-L-29 03-C-L-30 03-C-L-31 03-C-L-886 03-C-L-88T 03-C-L-888: 03-C-L-890 03-C-L-89t 03-C-L-892 03-C-L-893: 03-C-L-894. 03-C~L-895' 03-C-L-896, 03 -C - L - 8 97~. 03-C-L-898, .03-C-L-899' :r~ WACHOVIA B.AN~:~.. ~.. ,-. . . ,....tl.-..~~.r INVOICE DATE 08/13/2002: 08/13/2002' 08/13/2002. 08/13/2002. 08/13/2002: 08/13/2002' 08/13/2002 08/13/2002" 08/13/2002 08/13/2002' 08/13/2002 08/13/2002, 08/13/2002' 08/13/2002' 08/13/2002' 08/13/2002" 08/13/2002' 08/13/2002: 08/13/2002' 08/13/2002: 08/13/2002' 08/13/2002' 08/13/2002' 08/13/2002' 08/13/2002 08/13/2002- 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002' 08/13/2002: Check No: Check Date:: . Check Total: 0000058381 08/14/2002 $650,000.00 . :~; ::-:! GROSS AMOUNT 50,000.00' . 25,000.00 50,000.00 35,000.00 25,000,00 15,000.00' 10,000.00 10,000.00 15,000.00 10,000.00 10,000,00 5,000.00 10,000.00' 5,000.00' 5,000,00 5,000.00 10,000.00 40,000.00 50,000.00' 15.000,00.' 25,000.00 25,000.00. 30,000.00. 10,000.00 30,000.00; 25,000.00 15,000.00' 20,000.00 15,000,00' 15,000.00. 25,000.00 15,.000.00 . DISCOUNT .1'AKEN . AMOUNT PAID 50,000,00. 25,000.00' 50,000.00 35 000' 00 ' , 25: 000,: 00 15,000.00 10,000.00: . 10,000.00. 15,000.00 10 000 00' 10: 000 :00: 5,000.00 10,000.00' 5,000.00 5,000.00 5,000.00. 10.000.00, 40,000.00: 50',000.00' 15,000.00: 2= .000. CO- - 25,000.00: 30,000.00' 10. 000 00' 30: 000: 00. 25,000,.00: 15,000.00; 20',000..00. 15,000.00, 15,000.00: 25,000.00: 15.,000..00 000041613 000041614:- 000041616; 000041617' 000041619' 00004162:1 000041601 000041624: 000041626~, - 000041630: 000041632: 000041635; 000041636: 000041638,. 000041641 000041583 000041585: . 000041587 000041599' 000041604: 000041606. 0000416091. 000041620; 000041623 000041627 00004163 L 00004163<S; 000041637' 000041640: 000041644, 00004164.7.' 000041650: . . I . 0.00: 0.00. 0,00 0,00 0,00 0.00' 0.00 0.00 0.00. 0.00. 0,00: . 0.00 0.00 0.00 o 00:. . .0:00.". 0.00".: 0.00. 0.00' 0..00. 0..00, 0.00:: 0.00, 0.00: .0.:.00: .,0.00: 0.00,' 0.00'; 0'.00' 0.00' 0.00; 0,00. ,.,'. '" . " ....~. .,; .. , .. ::~,~ ;:c-~~, ", I ,....~,', ~ ' '~_; . .', :i~-~~~OE:GEQeGF4.t:'i ':--:::-~:":~::i'-::j;'kQ61 O~: ~i.., I),EItA'RhToMEN.r.:Ii'ClF. CaMMUN-I~',AiJffiU :-."i~ "i1 .S,a:o.:,'E:XE:Cl1!~E . P'ARK SUtlTR!l-'t+{E:;, {l~f ~ ->~/4'I;J:":':~'. -~' ~ 3Q~U /*~ ~.' .~\~n ';/ ~~ ',,~'~'.' " --~""". 15 .. ,... : fJ006S838 1, ~l No )~", <', ~;'" _. -", ",:a. ~!,U>\ .7;' , ',$F"'l}> "~'."f, ..f~'-'V"N~i':aOU0013727 "'h'~!' ~'t. " ;,J , '/'" ......,"" "MP'-'\' , " 'l'/i'" ',' ", '.~ J """-,,.,J. -;~;,.",^,"'. . 3~1 , \, t'i\I'.~ . ~,t, ". --':'1f~ '<i .;.~. ::', \~~,,,~~ i '~~~~1~ . :~'):~:..r \t~ ..~l .', ,.:,. ,:. "',. " d;'~, ':;:" '.. '.\<"r. $650 000 00 ,)1 I~ ,,' ~~ ' . ," 1'1.' .:-.-, ",.,;8"' 'i{~f' ':,'I;;....."~ . t:~L.:~ ,,,,,')!,. , . ',.~ IT:S~'***.**.*-**;*'~~*"~ _....~5~~Ir;<:,d, . :~."" ,.:;1 _~l:I " . . '.\~. . > ,.....<Y.:W~:' .~....., (..<'C, " . ,"1:i:..."... . -"'.l""r'"'' .-.q! '. . '. .' . '. . ' ". - :.~! .~i ':~j 1c;. Ij' :~1 ,'.::.:.::l';.:.'~ 'If . . ":r.f.:~ xt'\ ~~j.~i:. 1.~11.~~::ipf:~:}h' ...~..,.C:.~;'.~_f,r ,.", ,'~,,~ ,#~l~~: l'~....~,.. ;~.':; . .~..~ 11100000 58 ~8 ~1I1 1:0 b ~OOOO ~Ol: O? O..? ~ b Sill .~ 6'3-{7_L-IS- , t GEORGIA DEPARTl\1ENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $50,000 in Local Assistance funds for Augusta-Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds for planning money for railroad track removal in downtown Augusta. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the f'lrst payment. Please note that your Federal Employers 1. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, 0'~--~. ~ Laura J. Meadows Commissioner LJM/ja Enclosure cc: Richmond County Legislative Delegation EaUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper l Grant No. 03-C-L-15 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1st day of July, 2002, 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") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of a.c.G.A. 950-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 $50,000 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 returned 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: $50,000 Within twenty days of the Department's receipt of the executed Agreement. $50,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. , t. Grant No. 03-C-L-15 Page 2 of 5 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. a.c.G.A. 945-10-20 through 945-10-28 and a.c.G.A. 936-67A-l through 936-67A-6 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 Lega1lv Binding Act. The Recipient certifies that it is duly organized. validly existing 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 a. Monitoring 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 fmancial statements unW 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 the Department. until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of a,c.G.A. 936-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of a.c.G.A. 936-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 8. Open Meetinl!s. 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 Agencv 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. o J; Grant No. 03-C-L-15 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the tenns of this Agreement in a timely manner; (ii) 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, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a), One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken. from the public treasury, directly or indirectly, in aid of any church, sect. cult. or religious denomination or of any sectarian institution." Ga. Const., Art. I, Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the perfonnance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it. belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). ''The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith." "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of beIief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement 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. [Executions on following page] IV Grant No. 03-C-L-15 Page 4 of 5 IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the date first v.rritten above. FOR THE RECIPIENT FOR THE DEPARfMENT OF COMMUNITI AFFAIRS By: ~l~-tf Mayor --, 6 . BY:~ V\i.~~ Laura J. Meadows. Co~er Federal Employers ID Number: 58-2204274 Attachments: Exhibit A, "Scope of Services" ,. Grant No. 03-C-L-15 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County for planning money for railroad track removal in downtown Augusta. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity. or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. . " GEORGIA DEPARTl\1ENT OF COMMUNITY AFFAIRS Laura Meadows COMlVUSSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following . Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grantl'ro.03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grantl'ro.03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115, eQUAL HOUSING ~ OPPORTUNITY L...:J 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal OpportllHity Employer @ Recycled Paper Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. uMlja Enclosures ~CJ.;t(~ Laura J. Meadows Commissioner ~ ~ .. ,.\ :. () 3~ (~-t-g-~p .'. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $15,000 in Local Assistance funds for Augusta/Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds for equipment for Richmond County Marshall's Office. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers 1. D. Number is required to process this grant. You must enter this number on page 4 of the coptract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) . 679-4943. Sincerely, eX' (lA4 ,.-J Laura J. Meadows Commissioner UM/ja Enclosure cc: Richmond County Legislative Delegation eaUAL HOUSING ~ OPPORTUNITY L.:.J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper , f,' .. " ~, Grant No. 03-C-L-886 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS Tms AGREEMENT entered into this 1st day of July. 2002. 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") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of a.c.G.A. 1350-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 authoIity 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 pIinciples. Any funds not expended for the purposes provided herein shall be returned 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 twenty days of the Department's receipt of the executed Agreement. $15.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. '. '.~ ' Grant No. 03-C-L-886 Page 2 of 5 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 945-10-28 and O.C.G.A. 936-67A-1 through 936-67A-6 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 LeI!:a11v Binding Act. The Recipient certifies that it is duly organized. validly existing 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 a. Monitoring 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 furth.er grants or other funds from the Department. until such findings are resolved to the satisfaction of the Department. . 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of a.c.G.A. 936-81-8.1 with respect to the completion and submission to the State Auditor of a MState of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of O.C.G.A. 936-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 8. Open MeetinJls. 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 Agencv 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. .~ 0 ,.... Grant No. 03-C-L-886 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion. that the Recipient: (1) has failed to comply with the terms of this Agreement in a timely manner; (ii) 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, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties Is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. 1. Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally. without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett. the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433. or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect". "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom. practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement 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. [Executions on following page] , , ~ . ..",-;~ Grant No. 03-C-L-886 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS By: ~~~-c{tf By: ~ ~ uJ.ta\~~ Laura J. Meadows. Co~ner Federal Employers ID Number: 58-2204274 Attachments: Exhibit A, "Scope of Services" *.... . ,c. ".. . ;. Grant No. 03-C-L-886 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County for equipment for the Richmond County Marshal's Office. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose. the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility. Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. '. .., ;. GEORGIA DEPARTlVIENT OF COlVIlVIUNITY AFFAIRS Laura Meadows COiVTh-USSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 . Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following . Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No, 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 CirantNo.03-C-L-24 Grant No. 03-C-L-25 Cirant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. eQUAL HOUSING ~ OPPORTUNITY L...:J 60 Executive Park South, N.E.. Atlanta, Georgia 30329.2231. (404) 679-4940 www.dca.state.ga.us An Equal Opporrunity Employer @ Recycled Paper ., 0'3 - C-L-..:;J/ <]) _ i GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $10,000 in Local Assistance funds for Augusta:"Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds to contract for technology computer center within the Barton Village Community in Augusta- Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney, The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. . Please note that your Federal Employers 1. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, d~). Laura J, Meadows Commissioner LJMJj a Enclosure cc: Richmond County Legislative Delegation eQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329.2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821.1820 - FAX (706) 821-1838 August 9, 2002 Fiscal Year 2003 Georgia Local Assistance Grant Recipient: ORGANIZATION Barton Villa e Communit Association GRANT AWARD $10,000 Enclosed are two copies of a contract between Augusta, Georgia and your agency regarding your Fiscal Year 2003 Georgia Department of Community Affairs Local Assistance Grant Award, which was awarded to you through the efforts of the Augusta- Richmond County Legislative Delegation. Please execute both copies of the contract along with the audit statement and return promptly to my attention. The city requires the execution of both documents before the release of any funds. Should you have any questions or need any additional information, please feel free to call me at 706-821-1820. Very truly yours, iM Lena J. B nner, Clerk of Commission Enclosures: AUGUSTA-RICHMOND COUNTY COMMISSION JAMESB. WALL CITY ATTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G, HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box 2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALl.@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: BARTON VILLAGE COMMUNITY ASSOCIATION From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition, Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. AUGUSTA-RICHMOND COUNTY COMMISSION JAMESB. WALL CITY ATTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G, HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E, SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O, Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: BARTON VILLAGE COMMUNITY ASSOCIATION From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the fonn of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this It-liiay of June, 2002, between AUGUST A, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and BARTON VILLAGE COMMUNITY ASSOCIATION hereinafter referred to as the "ORGANIZATION"); WIT N E SSE T H: WHEREAS, the ORGANIZATION has submitted to the Georgia Department ofConununity Affairs and to AUGUSTA a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of $10,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perform the following services, which AUGUSTA has determined renders a substantial benefit to its citizens, to wit: To provide programs for the disadvantaged, therby promoting publich health and safety, and for organization support. AUGUSTA has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 rei Police and fire protection; r Garbage and solid waste collection and disposal; r/ Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purification, and distribution of water; r Public housing; r Public transportation; r Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUSTA has agreed to provide the State with any information, documents and/or photographs that AUGUST A, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUST A upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or fmancial statement of AUGUSTA and any future audits or financial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUSTA documentation of Fund use or a copy of audited financial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved fmdings of AUGUSTA concerning expenditure of the Funds, whether based on an audit report, financial statement, project completion report of independent investigation of AUGUST A, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such findings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold hannless and indemnify AUGUST A, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. S 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. S 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under S 501(c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of laGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as defined above. 10. AUGUSTA may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of termination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be determined the Grant from the State to AUGUST A is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUST A any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: BARTON VILLAGE COMMUNITY ASSOCIATION IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. BARTON VILLAGE COMMUNITY ASSOCIATION ORGANIZATION BY:~~ As its ~~(.:....,c: , '->-)e~s.@(:~ ~ ATTEST: Title: ATTEST: Sworn to and subscribed before me this _ day of ,2002. Notary Public My Commission Expires: 5 I Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis CC: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1. Attached is Copy State Grant Documentation for fS-C-L-.:J../ State Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. Name.~C"~~t.""'~'~~~""" Telephone No. "J'Db-~'-,' ~ d-. (Please print) Signature~~~ Address 0\n~~ \...r-,~~(">.. ~,,~, ~-":>~.Me>- ~ ~~\)\.v . Page 1 i r. Grant No. 03-C-L-21 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1 st day of July, 2002, 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"). WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of a.c.G.A. 950-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 Proiect. The Deparbnent shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts, an amount not to exceed $10,000 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 returned 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: $10,000 Within twenty days of the Department's receipt of the executed Agreement. $10.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. ( Grant No. 03-C-L-21 Page 2 of 5 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. 1345-10-20 through 1345-10-28 and O.C.G.A. 1336-67 A-I through 1336-67 A-6 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 Lel!ally Binding Act. The Recipient certifies that it is duly organized. validly existing 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 a. Monitoring 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 the Department, until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of O.C.G.A. 1336-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of O.C.G.A. 1336-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 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 Agency or Partnership. Nothing herein nor any actions of the parties hereto or their agerlts 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 perfonning 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 tennination, any funds under this Agreement have not been disbursed to Recipient, said funds shall be retained by the Department. Grant No. 03-C-L-21 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) 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, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. I, Sec. II, Par. VII. . (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also.relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice. relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement 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. [Executions on following page] '. Grant No. 03-C-L-21 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS By: BY~~ \AA~ Laura J. Meadows. Co~sioner Federal Employers ID Number: 5y- ;J':;;~ Y,.27,/ Attachments: Exhibit A. "Scope of Services" ). , Grant No. 03-C-L-21 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County for technology computer center within the Barton Village Community in Augusta-Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose. the purpose must be accomplished through a contract for services by the named private entity. or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity. such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate. suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. Office of the Mayor Bob Young, Mayor Room 806, Municipal Buildjng 530 Greene Street, Augustar GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329 Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA lION .. . GRANT NO. AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. . 03-CL-15 $50,000 ARC Animal Control 0:3-CL-20 $15,000 Augusta Ballet 03-CL-887 . $25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 . Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond Academy 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 Services CSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 Africanl American. Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, GEORGIA DEPARTlVIENT OF COMMUNITY AFFAIRS Laura Meadows cOIliTh-USSlONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following . Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No, 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No, 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115, eQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. . Atlanta, Geurgia 30329-2231' (404) 679-4940 www.dca.state.ga.us An Equal Oppommity Employer @ Recycled Paper ,1 STATE OF GEORGIA OEPARTMENT' OF COMMUNITY AFFAIRS, ATLANTA, GA BANK 1100-1000 Page 001 OF 001 VQndorNo: 0000013727 Vendor Name: AUGUSTA/R ICHMONO C.OUNTY . Check No: Check Date:: . Check T atal: 0000058381 .' 08/14/2002 $650,000,00' ,::; ,.I , . INVOICE NUMBER 03-C-L-13 03-C-L-14 03-C-L-15' 03-C-L-16. 03-C-L-17 03-C-L-18 03-C-L-18.7' .03-C-L-19' 03-C-L-20 03-C-L-21 03-C-L-22 03-C-L-23 03-C-L-24, . 03-C-L-25 03-C-L-26: . 03-C-L-27 03 -C- L- 29' 03-C-L-30 03-C-L-31 03-C-L-886' 03-C-L-887' . 03-C- L-1I88, 03-C-L-890 03-C-L-89t 03-C-L-892' 03-C'-L-893: .03-C-L-894. 03-C-L-895', .03-C-L-896" 03-C-L-897. 03-C-L-898: 03-C-L-899' . INVOICE DATE 08/13/2002:' 08/13/2002 08/13/2002 08/13/2002 08/13/2002: 08/13/2002 08/13/2002 08/13/2002. 08/13/2002 08/13/2002' 08/13/2002 08/13/2002' 08/13/2002, 08/13/2002: 08/13/2002, 08/13/2002: 08/13/2002'~ 08/13/2002' 08/13/2002: 08/13/2002.'. 08/13/2002. 08/13/2002" 08/13/2002 08/13/2002' 08/13/2002 08/13/2002- 08/13/2002. 08/13/2002: 08/13/2002' 08/13/2002. 08/13/2002,' 08/13/2002.'. GROSS AMOUNT 50,000.00 ' 25,000,00' 50,000.00 35,000,00. 25,000.00 15 000 00: 10:000:00 10,000,00 15,000.00 10,000.00' 10,000,00' 5,000.00 10,000.00 5,000.00' 5,000.00 5,000.00 10,000.00 40,000.00 50,000.00' 15,000.00.' 25,000,00: 25,000.00 30,000,00 10,000.00 30,000,00, 25 , 000 . 00, . 15,000 .OO~ 20,000.00' 15,000.00' 15,000.00 25,000.00, 16 , 000 . 00. DISCOUNT . TAKEN .. AMOUNT PAID 50,000.00 25,000.00' 50,000.00 36,000,00 25,000..00 15,000.00 10,000..00, . 10,000.00. 15,000.00 10,000,00' 10,000..00 5,000.00 10,000.00 5 000 00 5;000:00, . 5,000.00 10,000.00. 40 000: 00' 50.' 000" 00: 15.; 000: 00. 2!: , 000. Co:.. I 25,000,00: I 30,000.00: 10:,000,00 30.,000.00: 25,000,,00: 15,000: OO~ 20',000.00: 15,000.00, 15.,000.00: 25,000.00: 15,000.00' 000041613. 000041614~ 000041611>:, 000041617 00004161 !t, 00004162f ' 000041601 000041624: 000041626~ 000041630: 000041632 000041635: 000041636' 000041638;. 000041641 000041583 000041585,: 000041587 000041599' 000041604, 000041606' 000041609\ 000041620; 000041623, 00004162T 000041631:: 000041634~ 000041637' 000041640:. 000041644; 000041647~ 000041650: . 0.00, 0.00, 0.00 0.00. 0.00 0,00' 0.00 ' 0.00. 0.00. 0.00' 0.00, 0.00. 0.00 0,00 o . 00: .. .0. OO~,' :,-', " ,'- 0.00, '. 0.00. . 0,00': 0.00 0..00: 0..00:., 0..00 . 0.00: 0: 00: ,0: CO}; .0',00:. 0.00. 0'.00: 0.00, 0'.00: 0,00: .'." :. c, . ~" ! : " . ......' . '-. -":7 - ~ --;--. . ..' i' , ., r ~ ',,:'."" . '.' '.,' II .. , ,.F"I.'- .......;-, ". r'". . . J : .' ~~ '~-',.-:--:-;:~t :," ,", _' ~,i~~:*,~' :'~;Y~: <;~~ ,1;'""(&1JAi"tEOE. GEQF.l.GI~._.:i ';j!>;'b .,~.:,'.'..:l....:.',.:~~..-.._,"..::. ct~A'RI'tM~:aF: COMMUN,Ii'M':W{",rR :j:!r~ ,.,,; ',;ya:o,\;EXECl1lr,W,E., P-'ARK' SOtJTHl1ft.l.~E:.:.1 ~~~~ <:,:;;;~~.l .~f;'~fJl>;~.il~k ~~, 30~~~ . :~# ,'_" ,., . . . ~:~~, ";,~o 'f; ;;;' oJ ~J.. ,:',i'.t!iir~';;;;iJ . ::~':,;~~O~,.;o38t ...<<. ...; ~t .', ""~""-, .. I""'"'' ~,':',... .,.-:,~."" ::' .: ,.ri!?~t ..:;..<'! ."'::"....V~i>!IarNa!if.aQ.000..13727 Pay latII.'.Orde, A'UGUSTA~/RICH"'ONi:FcoU~TW "I. ,.;:,:,:" '."."''0,', ", ..' -'. ".. f?:' {l,:r"..,'~f!,'a .~\i.~~L '.-J'~'f~J/'.... , " j.,. , : '" .: t :t -;.::-:-.' :':>:t... < ", :.... ',. ~"'~":"~Jf.<." ..~'-':;~;J " ~, " ~~g. GREENE. S.TREE,T' " ..,:".., '4" '.:itir';' ':~'", 1~f\)#~r. :' ;', ..jjj%n' ,'.~~' ,r,-.," :t' :.;~, " ,~~;'j.,:~;~! $650,000" 00 Pa~.ExaCtlY 'S.~lX~HUNDRED~ FIFTY;'.~~~aUSAND' .1\1~~ OO'j1f1:q" **~'.***.~~;*~ ~"~:~.<:.;....:5/'", ~:~~\/' .:~:\' :.,.,.~~rA _ ~'. .~. .... .. . _.. .'. . '""'ll;l<M>'"'' ~i'~ ~\~ .,~~ :~ 11 :~I 1i .-'~I '."1 ,) ."~j ..,1 ,~: .::~: ..!l ,'-:.:.' ~'" , .... " ..r: ;. .tf\~~~ILi".r. ];<;:}.- . i"",,,,,-I'Jti~'" . .""He '1';, ~SL:;j~';:f" ;':r~ :.).,~. ';\fq.u~ . ~fu~' :;W;~~:. .!~~~ .:,~~,~." l' t~!~~ .:&-~:.. .)~.~..: i~J~~ ~~CHaVIA ,_~~~tk.,. ;~~t.: :~l }~ -:. .:i\~ . . ~'!' t'!) . .~.." .,'.-::h.I.l:':"~ 11100000 58 ~8 l.1I1 1:0 b .0000 .01: O? O.? ~ b Sill AUGUSTA-RICHMOND COUNTY COMMISSION 083816 :''>;':.:.:' .".?:, ...:'.. DESCRIPTION . , ." u. . ., " 'J>~ '.P.O;.NUMBER .,. ,'INVOICENUMBEW h:.':':,..,: INVOICE,AMOUNT':::<. ",::1,".;.: . ,.;'NEFAMOUNT; ,..' '" IUOCAL ASSISTANCE GRANT AWAF D 03CL21 la, 000 00 0 00 la, 000 00 CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 083816 08/30/02 la, 000 .00 0 00 la, 000.00 O' II , , I' "11 :. ". I .. '~}:::I~~~ ~);'!~_~;~i.'" ,~,~~:I.II~'i~~'r II' li~i~\',~t1:'1 ~iJr,Il"~~l~'. , 0 " 0 ;I"~,'t,i";',:, ',1'.\\:,; ";"':~~' '~,I.' i"II~,~ ~I";,~': i". "''', 'I':" ,..,.! "I' -"(,'",;[" I:'l~t'" '"AUGUSTA~RICHMOt\.iD COUNTY p, '/ ~G.OMMISS,19N~!I:;;~,'''i';;i.~,,~ ., . -'<.ROOM.1 051;ACCOUNTlNG,'DEPAR;H~ENit.V,;":iJ\' . ... ,,\S30lGREENE STREET"" ,: ,,"?'f ;-")J" cAOGUSTA" GEORGIA~30911)',,,J: .1,i,ll~( ~,'~; PHONE (706) 821_2334,,1,,1 ':i,I,)/ ,,'I;%:I~!' F/;''-~ '-.t,'c..._- '~:--':;.':'i;:::~"~: . :"~"~:lP~,,F,:!I/ r . ' ',- .. ~~~i ;4i[~i~@~;P~gi(~~.;t!~~~~~~~~~~1;1m I<,~ 3 o. '7i:_.'~~.~"'.. ~~O 8 3'8;16~'~ .; \~.':'!I!I ;r"',lill.',I..~.',, ......,..- ,101 -~~'1_> ., oj_:~1"'::-' 'j<~:(- i ~--, -t'" . ~, " -.-'.' ~T.'~ * * *'* * *c* ~ * 'Ic:k ~*;:~ -I; **.~**~-ti*:,,'A;>.* *:t:.,,* *,;~;,** *!;~!~~*"t *',~li~\*'i~:+:-$l.O , .<~2~'{~~.r'kYf~: c~J;,~i't;h"! ,~~~ ~r':1 '~;il,~~" ., f,;~I:I~\ ~Iii?c. "'..'l":l'~ ,t_, ..... jGr=:~~l' :''-;~~-'j', :?I:~!f\ .iJf.'!""". .' ,tbt,t~~. I~"'''' It' ~'I~l~ "~;I~,,ljJ lllf"I,:ll"l!rt I:'i :;'~~F "'~,~ .J~ ~ '~;:~"" .; vV \L." . 1../:Ji"1 ' ~J)r:::t...l.l ?~';.''''~ :~~ .;;__ ,.-lit..i4)' -;:~h -C~'0'%.q: '~'r~;'~': 'ft ,:t.";f~"',,:i~8'l.,': ~&,i~{Yr. "~;\~~,~,lf ~. . ~~' ~)P- ~~'$o.1..yr~,,' . . ..;_ ~~~~;~- . ~-1~'::"II:llllq;~w-1'lrJ' l""'lll.li..ri' ~;i~ll" ~........ --:c-c..'~ ~*,,,,., "--",1" ~'_..Ii.. ~t1..,..,1' T"'~ . , . '..!,-l~ -,,{'r"'" ~ O,q,O,ANDNQCENT.S )t~, '1 r '""'~; ;~ 1', III l . ~ f II r. ~L ,1"'7 ,..f \ ~ H' 1;'llj1"11 II " "+1,1/ I, ~ 111 ('I ~JfHI.( ',I ',o.l 'Ii I~II. 1;- ,111 l" f ~ ,11,Jy ,riA ~Mf\ll I 1'lJ,J<I.. r ~u '~~~I r'll~~tH~ ~'I "'~""><!r-.l~"~ "~r"('" r ~.~I~'I~" 1/ "1'"'1"',, :n~~ /,~)L ~l111~,~j,'~I~t/ '1,,1;':n VOID'P/ETER'90,DA),S~\ '~,!",~~'."" ,Pf1:.'( TOTHE ORDER c. ,OF. TO 5 0 5 6, _. '. . ..' T. . "BAR TON '~'.V'I L,LAGE:"~,QQMMtJN~I~TY~>~AS SO'c;:~~ h~:-:~ 3645. L Ot-llJ ON , B~viY:(.I":' .' '\'r~\;:::,:'('., c:~./ AUGUSTA; 'GA 30:9 O;6:'~J~~::'~/;"~ '/,c:. -,~ "- . ~ :1. "",' ',~,:~\:' .~~j .I J ~:;,-,,~~~,~~,:~;., ,,"<-.."~ :l:...~','J-- ~Y'-~.,;---;,.. "~ . '".......,; - ;-,;[ J" :_+~,; ~2~~ '~j~;ri)(/ ;~~..."" d.iY;b ~ /A~i;:;;~. .#,;';;j, ~;".:; "I.",., ::',.1tJ~;b.,0';. U<.3J~'~'~~": [.~,~ " i'''f. ~'AS~ISTANIT CO-MPTROL:L~R III 1I, ~ ' "'~II,I .f; ".). -.. '~'(< ' '. ;, ','-~','::!, :,,),~'Y"";'~ :..'.~>,'~'. ~~",,~'~';',': ~~ -,~,>' " FIRST UNION NATIONAL BANK";::,'~'~ . AUGUSTA, GEORGIA ,J , <: III 0 a ~ a ~ b III I: 0 b ~ 0 0 0 2 2 7 I: 20 BODO 0 7 0 2 a 7 b III GEORGIA DEPARTlVIENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115, EQUAL HOUSING ~ OPPORTUNITY L...:J 60 Executive Park Soutb, N,E, . Atlanta, Georgia 3032~)-2231 . (404) 679-4940 www.dca.state.ga.us An Equal Opporrunity Employer @ Recycled Paper Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ~CJ.;t(~ Laura J. Meadows Commissioner uMlja Enclosures Office of The Clerk of Commission Lp.na ]. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 September 5, 2002 Barton Village Community Association C/O Michael Simmons 3645 London Blvd. Augusta, GA. 30904 Dear Michael: Enclosed is a check in the amount of $10,000 representing total payment of your FY2003 State of Georgia appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program 03-CL-896. If I can be of further assistance, please feel free to call me at 706-821-1820. VA ~UI:;;~'2 ~ ~~ Clerk of Commission Enclosure: ~-\o- 0-0- .' ~. ~. 03 -L-L-~7 @ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $25,000 in Local Assistance funds for Augusta/Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds for operational funds for the National Legacy Foundation in Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The fIrst deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the fIrst payment. Please note that your Federal Employers 1. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, J \ 1-.u.- ex Q,Nr. <"~ d. . Laura J. Meadows Commissioner UMJja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of June, 2002, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and NATIONAL LEGACY FOUNDATION hereinafter referred to as the "ORGANIZATION"); WIT N E SSE T H: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUST A a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incOIporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of $25,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the tenns set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perform the following services, which AUGUSTA has determined renders a substantial benefit to its citizens, to wit: To provide programs for the disadvantaged, thereby promoting public health and safety. AUGUSTA has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 q/ Police and fire protection; r Garbage and solid waste collection and disposal; I Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purification, and distribution of water; r Public housing; r Public transportation; r Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUSTA has agreed to provide the State with any information, documents and/or photographs that AUGUSTA, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or financial statement of AUGUST A and any future audits or financial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUST A documentation of Fund use or a copy of audited financial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved findings of AUGUSTA concerning expenditure of the Funds, whether based on an audit report, financial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such findings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. 9 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G,A. S 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under 9 501(c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article I, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the perfonnance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of laGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The tenn 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.J AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as dermed above. 10. AUGUSTA may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of termination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be determined the Grant from the State to AUGUSTA is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUST A any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: NATIONAL LEGACY FOUNDA nON AJ ~&")( /S$ 97 ff::.9~~~ ~<>t'. 3CJ9'/~ IN WTINESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. cry ATIEST: Title: ~ ~, ,-> ~- ~ :::J ~ 'j /' 'j . :;_,~c,~\,~/,. 5 ,.... ..., Grant No. 03-C-L-889 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1st day of July, 2002, 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") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of a.c.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 Protect. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts, an amount not to exceed $25.000 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. Accountability. 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 returned 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: $25.000 Within twenty days of the Department's receipt of the executed Agreement. $25.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. " .# Grant No. 03-C-L-889 Page 2 of 5 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. ~45-1O-20 through ~45-1O-28 and O.C.G.A. ~36-67A-l through ~36-67A-6 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 Legally Bindinl! Act. The Recipient certifies that it is duly organized. validly existing 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 a. Monitoring and Auditinl!. 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 fmancial 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 the Department. until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of O.C.G.A. ~36-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of O.C.G.A. ~36-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 8. Open MeetinJ!s. 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 ~ency 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 tennination. any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. .... i? Grant No. 03-c-L-889 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (tii) has acted in any way contrary to the purposes for which the grant was awarded; or (tv) has violated any federal. state or local law, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. 1, Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society.~' The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire AJ!reement. This Agreement 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. [Executions on following page] ... ~ Grant No. 03-C-L-889 Page 4 of 5 IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS By: ~7~'6- rf Mayor i By: ~~vl~ Laura J. Meadows. Co~ner Federal Employers ID Number: 58-2204274 Attachments: Exhibit A. "Scope of SeIVices" lib ~. Grant No. 03-C-L-889 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County for operational funds. for National Legacy Foundation in Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for . services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity. such as improvement of a facility. Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. Page 001 OF 001 , Vendor No: 0000013727 Vendor Name: AUGUSTA/R ICHMONO COUNTY INVOICE NUMBER INVOICE DATE 08/13/2002 03-C-L-889 000041615 STATE OF GEORGIA OEPARTMENT OF.COMMUNITY AFFAIRS' AnANTA~ GA .BANK 1100-1000 Check No: Check Date: Check Total: GROSS AMOUNT 25,000.00 DISCOUNT TAKEN 0.00 I.. I '", "~"""";"'1.- - ~_ l~~~ "STAJf~~OJ::~GE'ORGIA :\~~:i. /,,' OE.PARTMENT OF COMMUNITY AFFAIRS;,~ 60 EXECUTI,VE PARK SOUTH N. E. ",':' ATLANTK, GA. 30329-2231 ':'.. __~ _im_._~__~~~6;.~~2 ,.,If PaytD the Order 01. AUGUSTA/R ICHMONO. COUN.TY' ':::: I 530, GREENE.STREE,T, I' ;','~i,"" ,:~,:.,:,;:> PayExacUy . T\I;ENTY-FIVE THOUSANO ANO 00,/100 WACHOV IA BANK 0000058626 08/23/2002 $25,000.00 AMOUNT PAID 25,000 ,,00 . I I ~-;:",' '" ~ I .:'/~64::'1\f61 0 . ..... ,. : n;'::- ~. :.;. . .; , ~(J()OtiO'58626 ' .. Chock No V..""",No: 0000013727 3 , . Soq:-No "'<'I~ ' , . ~ .' ... ."... J I, . JI.'J- '. -\'~ ,,>,.t~ ;;"; '~':' ;.. '1"1:, . , .r' ';::'~::"7:"'\.'~ t _, ,i::.:;:,," "~';,;:~.; " . ,\ , S'*.**"*.*,******,*,**'***:**,***,**,*,, .. ~ :... ....' ...... X~d.rJ~ I'jl'. ...~' ,..,..~,., ~. d'. .... :.'.,'-,,", . 'r" -',., \ I W:. '~"'."'_~'",. , ,r""" -,. _ . ....r .....;-(~'I.... ..:.:... 11'0000058 b 2 bll' 1:0 b .0000 .01: O? o.? ... b 511' :'.L .~.. ( $26,000.00: .: Void alt8r 80 daya ;>:: - ~' "'''::' $'~":'""~ Office of the Mayor Bob Young, Mayor Room 806, Munidpal Buildjng 530 Greene Street, Augustar GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329 Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA liON . GRANT NO. . . AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co, . 03-CL-15 $50,000 ARC Animal Control 03-CL-20 $15,000 Augusta Ballet 03-CL-887 .$25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 . Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond Academy 03-CL-893 1. $25,000 Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 Services CSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The -Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 African/American. Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Assistant Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: September 5, 2002 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed is a check in the amount of $25,000.00 from the Department of Community Affairs, Please issue an Augusta-Richmond County check to the following Local Assistance Grant recipient: ORGANIZATION GRANT NO. AMOUNT National Legacy 03-CL-889 $25,000.00 Foundation This payment represents the total grant award for the recipient. Thank you. Enclosure: Check Cc: Mr. David Persaud, Finance Director AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY A TIORNEY LEE BEARD TOMMY BoYLES ULMER BRIDGES ANDy CHEEK BOBBY G, HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, 11/ STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P,Q. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: NATIONAL LEGACY FOUNDATION From: Jim WaD Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. 03 - {'L-g-g7 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR August 27, 2002 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is a check in the amount of $25,000 as payment for Local Assistance Grant #03-C-L-889 to Augusta-Richmond County. Also enclosed is a copy of the executed contract for your files. Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a fOlfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these rep0l1ing requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ;;2Q$~ Laura J. Meadows Commissioner UM/ja Enclosures EQUAL HOUSING ~ OPPORTUNITY L.:.J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY A TIORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAJIl B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLlAJIlS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus, (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: NA TIONAL LEGACY FOUNDATION From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. 'f j' .~ . . . , . Office of The Ci€:rk of Commission..~ ..,. Lena J. Bonner, CMe Oerk of Commission NanCy Morawski Deputy Clerk Room 806 - Municipal BuHding 530 Greene Street - AUGUSTA, GA, 30911 (706) 821-1820 - FAX (706) 821-1838 September 11 ,200.2 National Legacy Foundation C/O EddieGheeks, MD P.O.. Box 15299 Augusta,. Georgia 30917 Dear Dr. Cheeks: Enclosed is a check in the .amount of $25,000 representing total payment of your FY2003 State of Georgia appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program for the National Legacy Foundation. If I can of further assistance, please feel free to call me 2~ 706-821-1820. ,., ~. q(tl/d;'; ~ '" ,~} I.? A :,';i ~.. ~ .. Enclosure: ,., ~1 "'1 V;.1 ;,~, lj>1 1,'" i)J ~ '.:W ~:~-:~ ~, ' \,... r:. ~ =3 .{'-L -3U (j) (8 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER July 1,2002 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $40,000 in Local Assistance funds for Augusta-Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds to contract for services with New Savannah Road Social Services in Augusta-Richmond County, I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention, The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution, Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers 1. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943, Sincerely, 0'~~~~. Laura J, Meadows Commissioner LJM/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper Office of The Clerk of Commission Lena J. Bonner, CMC Cierk of Commission Nancy r"'orawski Deputy Clerk Room 806 - Munici;}y) Buil,iing 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - F.4X ,)'05) 821-1838 September 9, 2002 New Savannah Road Social Services 537 Brandermill Road Evans, GA. 30809 Dear Sir or Madam: Enclosed is a check in the amount of $40,000 representing total payment of your FY2003 State of Georgia appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program 03-CL-896. If I can be of further assistance, please feel free to call me at 706-821-1820. Enclosure: f'dt::"tJ UjJ 13lj.1!R ~I.A-'< t J 1-""1641- ~.,..-e-: '1-1 Q - ~i?I'-~ AUGUSTA-RICHMOND COUNTY COMMISSION JAMESB. WALL CITY ATTORNEY LEE BEARD TOMMY BoYLES ULMER BRIDGES ANDY CHEEK BOBBY G, HANKERSON WILLIAM B, KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: NEW SA V ANNAB ROAD SOCIAL SERVICES From: Jim Wall Date: July 26,2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August ),7, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me, Further, if you should have any questions concerning either the scope of services or the certification, please call me. STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this R day of June, 2002, between AUGUST A, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and NEW SAVANNAH ROAD SOCIAL SERVICES hereinafter referred to as the "ORGANIZATION"); WITNE S SE TH: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUST A a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUST A and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of $40,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perform the following services, which AUGUST A has detennined renders a substantial benefit to its citizens, to wit: To provide programs for the disadvantaged, thereby promoting health and safety. AUGUST A has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 IV Police and fire protection; r / Garbage and solid waste collection and disposal; Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purification, and distribution of water; r Public housing; r Public transportation; r Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUSTA has agreed to provide the State with any infonnation, documents and/or photographs that AUGUST A, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or financial statement of AUGUSTA and any future audits or financial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUSTA documentation of Fund use or a copy of audited [mancial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved findings of AUGUSTA concerning expenditure of the Funds, whether based on an audit report, financial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such findings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUST A has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. 9 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. 9 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law, 7. ORGANIZATION certifies that it is a tax exempt entity under 9 501 (c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prolnbition have their ordinary meanings. In Bennett v. City of LaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as defined above. 10. AUGUSTA may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of termination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be determined the Grant from the State to AUGUSTA is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUSTA any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: NEW SA V ANNAB ROAD SOCIAL SERVICES ./IJ- 9 ~ O~ sAY~lI ~.A Ifu'jl( s.r" I-PJ1/. ,!!JO?o/ IN WIlNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. NEW SA V ANNAB ROAD SOCIAL SERVICES ORGANIZATION ~ ~~~-- ~ ATTEST: 1p~_e...~ Title: C b{o rpJy Sworn to and subscribed before me this ~ day of n;t;i!,. L6+c _ .,20. O. 2. . cdf,-~ .1:;2~ /Notci'y Publi~: :2 . r 2 My Cfiaunisslon ExpiJes: , ~ ;;tJ'-~ (e> . - :.:J . ~ ....- :" /JIll "'":" 5 Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis cc: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1. Attached is Copy State Grant Documentation for ll?-C-L- 30 State Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3, This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. Name -::s- 0\ ~ "--'-\ \\, "- ~Y\o...'r i Telephone No, 'L q L - '},Dq '=\ 0" ~ 10 3 -11 tr ~ (Please print) . Signatur~^......1--:-\- ~"^"_ , ~ Address S"?\ (j rCJ\.~'~_:f~\d '- ROO\~1 t V C\'r'\S'1 C"J1 ~f)~61- . Page 1 AUGUSTA-RICHMOND COUNTY COMMISSION 084561 ..,/;~....-.~.' ....y... ;.:: DESCRIF.'TION: ..:::".;{.... 1,:."0.:'.'.' !f,P,O>NUMB ER{, ?qNVOICE~NUMBER\:>. V'~;:\I NVO ICEcA MO UNT,t)i".'" .....;~~;: 'N:::::'~",:'; .. '::-:-;..-:-."^;-:" ~r ::""iXN:{',NErA MO U NTh:i<i: GRANT 0 3 CL3 0 4 0 , 0 0 0 0 0 0 0 0 4 0 , 0 0 0 0 0 - - CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 0 8 4 5 6 1 0 9 / 0 6 / 0 2 4 0 I 0 0 0 0 0 0 . 0 0 4 0 I 0 0 0 . 0 0 'p~y iTO THt-., :,,;~~~~E::~fj~ '.:f~ :,,~ .. ,.' ,,'/.. 11'08 L. 5 b 1.11' 1:0 b 1.0002271: 208000070287 bill Page 001 OF 001 Vendor No: 0000013727 Vendor Name: AUGUSTA/RICHMONO COUNTY INVOICE NUMBER 03-C-L-13 03-C-L-14 03-C-L-15 03-C-L-16. 03-C-L-17 03-C-L-18 03-C-L-187 03-C-L-19 03-C-L-20 03-C-L-21 03-C-L-22 03-C-L-23 03-C-L-24 03-C-L-25 03-C-L-26 03-C-L-27 03-C-L-29 03-C-L-30 03-C-L-31 03-C-L-886 03-C-L-887 03-C-L-1l88 03-C-L-890 03-C-L-891 03-C-L-892 03-C-L-893 03-C-L-894 03-C-L-895 03-C-L-896 03-C-L-897 03-C-L-898 03-C-L-899 INVOICE DATE 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002 I,. ,ry(i;-:i~';' ..:; ."';.08/14/2002 . Check DalD ~".'i":"t 000041613 000041814 000041616 000041617 000041619 000041621 000041601 000041624 000041626 000041630 000041632 000041635 000041636 000041638 000041641 000041583 000041585 000041587 000041699 000041604 000041606 000041609. 000041620 000041623 000041627 000041631 000041634 000041637 000041640 000041644 000041847 000041650, /I STATE OF GEORGIA OEPARTMENT OF COMMUNITY AFFAIRS ATLANTA, GA, BANK 1100-1000 GROSS AMOUNT 60,000,00 25,000.00 50,000.00 35,000.00 25,000,00 15,000.00 10,000.00 10,000.00 16,000.00 10,000,00 10,000.00 5,000.00 10,000,00 6,000.00 5,000.00 6,000.00 10,000,00 40,000.00 50,000.00 15,000,00 26,000.00 26,000.00 30,000,00 10,000.00 30,000.00 25,000.00 16,000,00 20,000.00 15,000.00 15,000.00 26,000.00 15,000.00 DISCOUNT TAKEN Check No: Check Date: Check Total: 0.00 0,00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00' 0.00 ,0.00 0.00 0.00 0.00 0.00 0.00 0.00 ----~_..._...-. .'-':."S~,~l+.E::.OF'GEOR.:G~'~^" jl~,'f,h" ':~;~~: 'It -<. "11-"",":li~ 4 ". tl-\ - ~\.:~'i- ~"",1 o'EP AR.TMENrOF COMMUN n;Y"AF,F\A rRsh\;~Qr; '.~ eO' 'EXECU!['FVE ,PARK SOUTH1,~\ E. lR'~\' \!~~?.. .'" 1';~':rLANT,A;, GA. 30329,..~2~:ll ",~SS~:.:~! ~>':}f"l :"~: (;. 'f ~(~" '~~),"f',,~?;~ 16 ,,' /tseq, No , 1. , ,,'c' ... -..,t. ,,""'~'I:~ ':'~~~~;. ~ ,~. - , "f ' "~.'"."'~~...~,'\,~,,,.\, "" : ,J , I ( ~;~:t~.t':;~~ ",;;:[,:',' V,:,~ ,;~,' A'NO: 00/.:'1.0,0' "-s,, **********.~~'~***** . \ ,. ~"" '}_,',:'..1 " .- ';:~:;~'0' I";.' . Pay 10 the Ordllrof~ AUGUSTA/RICHMOND. COUNTY . '." 530: GREENE STRE.ET . . ,.: 'II PsyExllctly SlX HUNOREO. FIFTY THOUSANO WACHOVIA Bf\NK Volct.IIfm.60 days ......-.:.1 : :[:;.;. '~''1t: 'I(:./':~\ ~;;~\<s,:i'J' .c?\~\.' ., ~'"" \~w'.' ,- . f.~~ (:0 ,:,~~,.: :f> <';1 ::~;:~f~ :),.1 : : <, .,~ y' , "';~i _.,_'(t::..~.,,~~~;L~' l~ ".'':'~ .1.:.,."...:.... "-""'___ _ '\:, ) ". . ...............;;;~~ ':..l.il.."J'1"" . 11100000 58 ~8 .111 -:0 b .0000 .0-: 0'7 o. '7 a.. b SUI 0000058381 08/14/2002 $660,000.00 AMOUNT PAID 50,000.00 25,000.00 50,000.00 35,000.00 25,000.00 15,000.00 10,000,00 10,000.00 16,000.00 10,000.00 10,000.00 5,000,00 10,000.00 6,000.00 5,000.00 5,000,00 10,000.00 40,000.00 60,000.00 15,000.00 : 2E , 000 . co' . 25,000.00 II 30,000.00 10.,000.00 30,000.00 25,000.00 15,000.00 I 20,000.00 i 16,000.00 I 16,000.00 26,000.00 16,000.00 f l I i 1 ~ , '.~ ::il~ ,{i~. ~'~~4:~"/<6'0 ~~ir21 }(~:.~~": ': :,:.;::,;~ ' :\I:.-,{,ff''''':1i .,.', . \ ~'~~,~;~ ~., ;:~';:'~: - v "~': '~ " ~.> ""(;~y(;,l;" . ., .00000'58381 . . Check No. _.". I" ,_,' V:~~N~~,..,~.?OOO 13727 ..~- .......... ,'~: ~j " ,.1 "' 'i '~I -:1 :.1' i~ji :1 $650,000. 00~1 ;, ..I ,., 'I. ,. :' - ~ 'I "~ .._~ ":;~,",'~ Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 August9,2002 Fiscal Year 2003 Georgia Local Assistance Grant Recipient: ORGANIZATION New Savannah Road Social Services GRANT AWARD $40,000 1 1 Enclosed are two copies of a contract between Augusta, Georgia and your agency regarding your Fiscal Year 2003 Georgia Department of Community Affairs Local Assistance Grant Award, which was awarded to you through the efforts of the Augusta- Richmond County Legislative Delegation. Please execute both copies of the contract along with the audit statement and return promptly to my attention. The city requires the execution of both documents before the release of any funds. Should you have any questions or need any additional information, please feel free to call me at 706-821-1820. Very truly yours, b~ Lena J. Bonner, Clerk of Commission Enclosures: AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CiTY A TIORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G, HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, 1/1 STEPHEN E, SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus, (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: IWALL@CO.R1CHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: NEW SA V ANNAB ROAD SOCIAL SERVICES From: Jim WaD Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. ' The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. 7. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services .or the certification, please call me. ~ . , Grant No. 03-C-L-30 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1st day of July, 2002, 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") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS. 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 WHEREAS. the Department is authorized by the provisions of a.c.G.A. 950-8-8 to grant and. administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 $40.000 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 pIinciples. Any funds not expended for the purposes provided herein shall be returned 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: $40,000 Within twenty days of the Department's receipt of the executed Agreement. $40,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. , . fj Grant No. 03-C-L-30 Page 2 of 5 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. 1345-10-20 through 1345-10-28 and O.C.G.A. 1336-67A-l through 1336-67A-6 and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally. the Recip,ient attests that all officials of the Recipient have certified the same. 6. Enforceable and Legallv Binding Act. The Recipient certifies that it is duly organized. validly existing 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 a. Monitoring and Auditinl!. 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 the Department. until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of O.C.G.A. 1336-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Forn1" for the funds covered by this Agreement. The failure to comply with the requirements of O.C.G.A. 1336-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 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 Agencv 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. . ~ . Grant No. 03-C-L-30 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion. that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) 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. ordinance or regulation, the Recipient shall be required to retum to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution. "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. 1. Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City oj LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or. as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification. and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect". "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines!' which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement 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. [Executions on following page] j,) Grant No. 03-C-L-30 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT FOR THE DEPARfMENT OF COMMUNI1Y AFFAlRS By: 0:f7o~ By: ~~vJ~~ Laura J. Meadows, CO~ioner Federal Employers ID Number: S?;;J:J c)~o:J7V Attachments: Exhibit A, "Scope of Services" ~ & ...' Grant No. 03-C-L-30 Page 5 of 5 EXHmIT A The Local Assistance Grant shall be used by Augusta-Richmond County to contract for services with New Savannah Road Social Services in Augusta-Richmond County, . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose. the purpose must be accomplished through a contract for services by the named private entity. or the private entity that conducts the named program, If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. Office of the Mayor Bob Young, Mayor Room 806, Municipal Buildjng 530 Greene Street, Augustar GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329 Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmo~d County grant recipients: ORGANIZA liON - . GRANT NO. . . AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co, 03-CL-15 $50,000 ARC Animal Control 03-CL-20 $15,000 Augusta Ballet 03-CL-887 .$25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food 03-CL-891 $10,000 Sank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 . Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond Academy 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10.000 ARC Opportunities 03-CL-25 $5,000 Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 Services CSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 African/American. Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, GEORGIA DEPARTl\1ENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No, 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L...:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679.4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. uMlja Enclosures ~CJ.;t(~ Laura J. Meadows Commissioner ~ 'r J 6~-C-L~r7 GJ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $15,000 in Local Assistance funds for AugustalRichmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds to purchase equipment/uniforms for the Augusta Boxing Club in Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers 1. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, d ~--). Laura J. Meadows Commissioner UM/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAA (706) 821-1838 August 9, 2002 Fiscal Year 2003 Georgia Local Assistance Grant Recipient: ORGANIZATION Au usta Boxin Club GRANT AWARD $15,000 Enclosed are two copies of a contract between Augusta, Georgia and your agency regarding your Fiscal Year 2003 Georgia Department of Community Affairs Local Assistance Grant Award, which was awarded to you through the efforts of the Augusta- Richmond County Legislative Delegation. Please execute both copies of the contract along with the audit statement and return promptly to my attention. The city requires the execution of both documents before the release of any funds. Should you have any questions or need any additional information, please feel free to call me at 706-821-1820. Enclosures: ~~ @Jutb t;b~ PV ~ tfl1 ~ , ;. STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this Ii day of June, 2002, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and AUGUSTA BOXING CLUB hereinafter referred to as the "ORGANIZATION"); WIT N E SSE T H: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUST A a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of$15,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perform the following services, which AUGUST A has detennined renders a substantial benefit to its citizens, to wit: To provide recreational programs, including the purchase of boxing equipment. AUGUST A has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 t \ r Police and fIre protection; r Garbage and solid waste collection and disposal; r Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; 0/ Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purifIcation, and distribution of water; r Public housing; r Public transportation; r Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUSTA has agreed to provide the State with any information, docwnents and/or photographs that AUGUST A, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUST A upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or financial statement of AUGUSTA and any future audits or fmancial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUSTA documentation of Fund use or a copy of audited fInancial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved fmdings of AUGUST A concerning expenditure of the Funds, whether based on an audit report, financial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such findings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold hannless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all clainlS resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. 9 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. 9 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under 9 50l(c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, 3 (, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of La Grange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga, at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as defined above. 10. AUGUSTA may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of termination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be determined the Grant from the State to AUGUSTA is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUSTA any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Riclunond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 I' shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: AUGUSTA BOXING CLUB Iq~q WALrfo}J w~ A lAS",sf-,q, G"l.. 3 _ ~ 1. y , 36'10'1- IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper offic~JS and hereunto set their hands and affixed their seals, the day and year first above written. AUGUSTA BOXING CLUB ORGANIZATION By: 4V'?'n mo'/~ As its e xPc..~-f) lie ...L..-r · (),. r@C { "r ATTEST: Title; Sworn to and subscribed before me this 12...- day of ~~~ otary Public' . , My Commission Expi!es: ~ PUbl~ Ricl"imond County, Georgia L~ ~ ~nsJaooaiy ~o 2004 _ .:-.....-.:l......~~..~". . ....-- .~ 5 AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY A TIORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G, HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P,O, Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RlCHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: AUGUSTA BOXING CLUB From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY ATTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BODDY G, HANKERSON WILLIAM B. KUHLKE, JR, WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P,O, Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus, (706) 821-2488 FAX No: (706)722-5984 E-MAIL: JWALL@CO.RlCHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: AUGUSTA BOXING CLUB From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis CC: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1. Attached is Copy State Grant Documentation for~C-L- 89~tate Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. Name ~ ~ rHo (Co.. '(-t& r;Ob Telephone No, '7 33 75'3'3 (Please print) ~ Signature I CJY7 m t7J ~ , Address / r ). r W J1 ~ Td A/ C/U &1/ Ilt{ <;~ Ji/J' (; /' 1'1./ 5090 Lf- . Page 1 .1 " 1 Grant No. 03-C-L-897 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1st day of July, 2002, 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") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of a.c.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 returned 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 twenty days of the Department's receipt of the executed Agreement. $15,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. " -,~ Grant No. 03-C-L-897 Page 2 of 5 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. 1345-10-20 through 945-10-28 and O.C.G.A. 936-67A-I through 936-67A-6 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 existing 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 a. Monitoring 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 the Department, until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of O.C.G.A. 936-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of O.C.G.A. 936-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 8. Open Meetinlls. 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 A.t!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. . .. Grant No. 03-C-L-897 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (il) has failed to complete all or a portion of the actions required under the Agreement; (ili) 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, ordinanc'e or regulation. the Recipient shall be required to retum to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution. "No money shall ever be taken from the public treasury, directly or indirectly. in aid of any church. sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. I, Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes f~th in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supematural as creator and govemor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification. and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization." with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization." but may also mean a "custom. practice. relationship, or behavioral pattem of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supematural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement 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. [Executions on following page] '\-. "it. . Grant No. 03-C-L-897 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS By: BY:~ ol~ Laura J. Meadows.1{~ssioner Federal Employers ID Number: 5g~~;;uJlf47Y Attachments: Exhibit A, "Scope of Services" '"'.:; , I . Grant No. 03-C-L-897 Page 5 of 5 EXHmlT A The Local Assistance Grant shall be used by Augusta-Richmond County to purchase equipment/uniforms for the Augusta Boxing Club in Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. .. Office of the Mayor Bob Young, Mayor Room 806, Munidpal Buildjng 530 Greene Street, Augustar GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1 , 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329 Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA TION GRANT NO. AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. ' 03-CL-15 $50,000 ARC Animal Control 03-CL-20 $15,000 Augusta Ballet 03-CL-887 .$25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation . Delta House/Laney 03-CL-888 $25,000 Museum Master City 03-CL-894 $15,000 Souths ide Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 . Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond Academy 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $-10,000 ARC Opportunities 03-CL-25 $5,000 Au~usta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 Services CSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 African/American. Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, II STATE OF GEORGIA , OEPARTMENT OF COMMUNITY AFFAIR~ ATLANTA, GA ,BANK 1100-1000 Page 001 OF 001 Vendor No: 0000013727 Vendor Name:, AUGUSTA/R ICHMONO COUNTY Check No: " Check Date:: Check Total:' 000005S3Sf 08/14/2002, $650,000. 00' ~: "~ '"i'; INVOICE NUMBER 03-C-L-13 03-C-L-14, 03-C-L-15. 03-C-L-16: 03-C-L-17' 03-C-L-1S 03-C-L-1S7' ,03-C-L-19: 03-C-L-20 03-C-L-21 03-C-L-22 03-C-L-23 03-C-L-24; 03-C-L-25 , 03-C-L-26: 03-C-L-27 03-C-L-29 03-C-L-30 03-C-L-31 03-C-L-88& 03-C-L-8S7' ,03-C-L-1l8S,:. 03-C-L-890 03-C-L-89f 03-C-L-S92,' 03-C,.L-893~ 03-C-L-894, 03-C,.L-S96: 03-C-L-896" 03-C-L-S97:' 03-C-L-S9S. 03-C-L-S99' , GROSS AMOUNT 50,000.00 25,000.00 50,000.00 36,000.00 25,000.00 16,000.00 10,000.00 10,000.00 15,000.00 10,000.00' 10,000.00, 5,000.00 10,000.00' 5,000.00, 6,000.00 5,000.00 10,000.00 40,000.00 50,000.00' 15,000.00,' 25 ,000.00, . 25,000.00' 30,000.00 10,000.00 30,000.00; 26,000.00' 15,000.00' 20,000.00 15,000.00' 15,000.00: 25, 000 . 00., 15,000.00 DISCOUNT TAKEN, AMOUNT PAID 50,000.00 25,000.00' 50.000.00' 36 000' 00' 25: 000,: 00 15,000.00 10,000..00.. 10,000.00 15,000.00 10,000.00' '10,000.,00: S 000.00: 10 ;000.00: 5,000.00 5,000.00 5,000.00" 10,000.00 40,000 . OO~ 50',000.00: 15,000.00: 2= , 1)00'.00:. - 25:,000.00: 30,000.00'" 10:,000.00' 30 000' 00: 25: 000,: 00; 15, 000'. 00; 20,000,.00 15,000.00; 15 000' 00' 25:000:00: 16,,000..00: OS/13/2002: 08/13/2002 OS/13/2002' OS/13/2002 08/13/2002' 08/13/2002 OS/13/2002, OS/13/2002 08/13/2002 08/13/2002, OS/13/2002 08/13/2002: OS/13/2002 OS/13/2002' OS/13/2002 OS/13/2002: OS/13/2002: OS/13/2002, OS/13/2002, OS/13/2002:" OS/13/2002' OS/13/2002 08/13/2002: 08/13/2002' OS/13/2002' OS/13/2002' 08/13/2002' ' 08/13/2002, 08/13/2002' , 08/13/2002: 08/13/2002" OS/13/2002" 000041613. 000041614~ 000041616: 00004161,. 000041819, 000041821: ' 000041601 000041624. 000041626,. 000041630: 000041632' 000041635: 000041636 00004163S;, 000041641 0000415S3' 000041585; 000041587'- 000041599' 000041604' , 000041606' , , 000041609f 000041620; 000041623, 000041627' 00004 1631,' 000041634.. 000041637: 000041640' 000041644\ 00004164,'P 000041660: 0.00; 0,00, 0.00 0.00 0.00 0.00' 0.00 0.00 0.00: 0.00' 0.00: 0.00:' ...' 0.00:. 0.00,', ' ' o 00:,'. 0:00>'., 0.00: " 0,.00 0.00', 0.00" 0..00: 0.00'0, . 0.00, , O. OO~ , 0:.00:, ,0.00:,"" , 0.00," , 0.00; 0'.00' 0.00, 0.00: 0,00: . ,,;. ~ . .. .' ',';' .~.< .'.- ,',. ._~. .~. ,- '~~ ... r.,. " ,I ,.,,:. "':'-, '.. 4 '. " , , ,.-.;! : ';~:::~~ . .';.'" ;.:. . ~ ;;Ij' .i:J ':~l ~~! "'11 ~~I ::_~! oIi' ~I $650,000.00 .jl ':'''1 .;\~..... . ......,..,........,... '.~( ,', ,;': ',~I ..~ ~, "::!J::'~.,~ ,...... <~.. . .....r~1 .....n. ~ II .;t:') ",'i ~"""~' ... ...~~~.. "'f~ I P' ~; :1:'~.~ '-:. ~:. "I ,I ,.Lll;...~l L' -~ . 9- "'a ~7:-~~ t~...~~~t.. Dfi ~'~~~'1 .T,....:.~~. '/14/2002 '-, Check' Oata' :~'. :."~~: ~ ....:.:.i:~~.,... ..- ;"A'UGUSsTAVR I CHMONDf. COUN;fY,- . :';J "?.~9; GREE.NE: STRE!:.,: . ~;4i~t!:~~~~. :~:: ::" ," -Jl" 'Sji<t~.HUNOREO: FIFTY:" :tHOUSANO ':::L~i.j.lli':' "{~'" Pay lo.tna,O Pay, Exactly . :".'.' , , .'i~~" ",l~~'~ ,'('~J "~'lJ.ill1.% ';:'I~M,,""" ,",', ,~~t~tl '''''l ",j:. :'~1~,(:f~;J WACHOVIA B'iN"k,:W p..1-..... .....:::T...;~~...,'.... (V-"!'"-:., .~~~~~, : ':'ii-,., .";~~. ."........:s;:;::.. 1110000058 :l8 .111 1:0 b .0000 .01: 07 0.7 l. b Sill GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N,E, · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.lIs An Equal Opportunity Employer @ Recycled Paper ,', Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ;;;l C).;t(~ Laura J. Meadows Commissioner uM;ja Enclosures AUGUSTA-RI.CHMQND COUNTY COMMISSION 083783 , :~ DESCRIPTION' . .".~~:: ;;:::.::;:::: -: " ;.;j~~~ ';,,<P.O;,NUM9ER:< INVOICE. NUMBER .INVOICE>AMOUNfF\,:':":',,',. :~e~~j:;;::::;:'-.: ..,v.{::~~':~(' .. ,-,', ':',,,,,Y\NETiAMOUNT': . ,-, ....)..". IUOCAL ASSISTANCE GRANT AWAF D 03CL8 97 15 I 000 00 0 00 15 I 000 00 .. CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 083783 08/30/02 15 I 000 00 0 00 15 I 000 00 r. "", , '.'" :",:'" ;j1~:~~~~',::~I....:I~'tI'UI~"II~I!~I~::r'~..'I~~,~~~~:y~',~~:r""~~~~!I/~'!:,=~~:,I,:I"'~"OIlIl~"~:~=,I:~~,~~..'lIl,.".~::":",r,:::,:1~.~III~,~!:~~\'il,~;~~:~:~~.~"W.~'t:l#"~I'j:a:'.~:I~\"II~'I~"..I~:t~IUI/ ,', (' '~_ AUGU5-rA-RICHMONtl COUNTY ,:-" "., ,! . ':'" < :' , c '> - ~ ',. COMMISSION",:~, .,~ ,,'., ROOM 1 05~ACCOUNT1NGI DEPAlttMEN:r",,,';:\4:':1'1 - ,':- ' '-'_'~ -:::-53cO;GREENE STREET'",;i>,';',:~ ~~'I'rl<:'/:;r :1;d'1(~,,~1 AUGUSJA'..GEORGIP/'3091,1I'I'-, ~CI"~, I,K'",~ ~_- ~,.. . N'-"-' 70' 6)' 8 ' , : ,t,',,:p ,\' :'~j~'II~,;,n ,,.1'1~1~,'," j-,fl-!O "r::.!, 21-~"", ";,"~",",,, .1,,"," .f'~' ~7~,~,r'~ , .',", '.' ,'~'J,,;:" . ~.d,lr... "I . :~:,. ,};;]:G!!fE$.qJS1QAmThi?S1r;~ i:X~~\qBi;itJ<;,&Q~\;~~%\1* ~. ',I'~,II'~ ,~i""~~,. .:~ ,", ~ ';':,i';\.' (J'8/3 0 lcr2;:<' .. 'I"'~'r $-!',":;:'~I";:' :-.' ~~~/ .~':,I'<'" i. " " , (* *::: .~"* ~ *.t* *~~;*~r 0r ~~~,J: ~ ~\~'f *::j~*~r7\\~~ ;2f~i:;%t5 , 'r . < ~-'" ~"""'-"~ 1., ':',';if" d\' ~h-- ','1j~;! ~ ".11.-'';; \:'!":~'I \"."1'1" I"";' ,: "'~{~l;?~ :"~ __~i~;~:?~ '~.'<'.:~~' ':g~:~,:3i:~:'" i;'"~"":1 ":::~/>' . ":,"." . ", ~', t'liil'J':W' ':;:':"'"i" 1" ogo,~:Nq~?:t::J;~~ I~,i:f:~ ~S:'li'I~'~):~~ I:: ,:" .,' ,.::" : I, I. ,;,. . ': " ,'.", ,! '. ~.F'"' I': ,I ""t. '1" ,;.l .II"'IIL..., ~ l ,,~";~ ,H ,I,,,;. "",...It' "',,"1'.' 'lr,~~' _. . "",J'I ~,~.......i(1 .1..:'"",.,, l,"',"~'~'l ;,,;'Jt~ 't,' ,"" r,":J' ,,~' -;i~,;I\'~'\ \.i~1""1 }';.- "-<~,I'''''' 11:\,:,,1',:,';,,11".";" 'llt~:i.,:I:; ,':~'1"lr ~~,~~II~~;_';I~'III'III~~I~il :~i'i:':""~~ ,l ,. .'." :r';', . , j '1,1 "".,) ,,I" "",'......,:1- I' Irl'llJl: 1)-J. , ..':-::~> VOID'Afj1'E~:90 DAY$Y:':';,,"';'(' PAY :rO'tHE, ORDER - "OF ,.... .... ~'-.- . ,.-- ~ ,..JI~ T02795 AUGUSTA' BOlCING::G:EPB:%;"';\ '19'29" WALTOt{' WAY '/:"':'> " AUGUSTA:;\GA 3ib'90<1' .' . . - '.1). .~ ". " . I' ,~,.. , 1~"; , -.-~'. . !5~--~;' 7~;~; ,:<' . . . ", . -~"~." "7.'k)',c::,~ 'l~I~,il()?t~!~f"b(' : 'l!i",f""" 'I ' .<:~-~ :--'r~:_'1lYtlYVYl~t4.1 ?f!!/ ~.~~I'r)~~<~~'~',;'j'l ... <~ 'ASSISTANT COM~TROl:LER '''':'!' ',i ,,' " ",,'/> .} . " :'.:' . ,"",.'"t V'~';';",:\. i,~~::~:":,~~,: ,::~:~',~ _~, /:" /" _'~.,. FIRSr:uNION NAt;ON~L::BANK: ,,;,::::,,1 AUGUSTA, GEORGIA /. . >'~ 11.08 :178 :111. -:0 b ~OOO 2 27-: 208000070 28 7 bll. '. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COl'i~USSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20,2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No, 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L::J 60 Executive Park South, N.E, . Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. 2C).;Jt~ Laura J. Meadows Commissioner uMlja Enclosures ~ DON CHEEKS District 23 716 Westminster Court Augusta, Georgia 30909 (706) 736-1397 (0) (706) 736-6348 (H) COMMITTEES: The State Senate Atlanta, Georgia 30334 Appropriations Banking and Financial Institutions, Chairman Ethics Finance and Public Utilities, Vice Chairman Reapportionment Transportation, Vice Chairman 121-0 State Capitol Atlanta, Georgia 30334 (404) 656-0045 FAX (404) 651-6767 April 15, 2002 Mr. Tom Moraetes Augusta Boxing Club 1929 Walton Way Augusta, Georgia 30904 Dear Mr. Moraetes: It is indeed a pleasure for me to be in a position to assist in having $15,000 placed in the budget to purchase equipment and uniforms for the Augusta Boxing Club. Please know I am available if I can be of service to you as your Senator. Sincerely, 4~ Don Cheeks DClke - .cP'~ l ~I~~-:~~~O~~~- 9650 01 LANE LENEXA, K ,6215-1152 April 26, 2002 Dear Mr. Moraetes, I would like to thank you for your recent quote #(516979) of boxing equipment for $15,000, Due to the nature of your order, Ringside is the sole source provider of the equipment needed. As you know Ringside has been in business for over 20 years and we are committed to staying on top of the boxing world. Pi,ease let us know if their is anything we can do to help out in you fine boxing program. Sincerely, Darrin Clauder Sales Coordinator Ringside 877 4BOXING _.t.- '.,'-'-, '1 R1ngside,'lnc. 9650 Dice Lane . . Lenexa. KS 66215 , ,.. 1-877-4-BOXING WAIUllfJG_ BOXING IS ^ COmAG r sr001 IN WHtCli VIOLEtH BLO\....S AHE OEUI/ERI:::D 10 HEAD Nm BO(JY, AIm SUCH OlOWS CAN CAUSE SERIOUS IfUUP.Y, TltlS EOI..J1rMEtH CAt/Nor PROTECT BOXERS FROM INJURY'. AIm T IlERE "RE NO WA!1nMlT IES OF MJY KIND. EXPRESSED OR IMI'lUF.O, HIAT THIS EOUIPMEtH WILL PROTeCT BOXERS FHOM INJUUV. THOSE WHO BOX ASSUME THE RISK AND o^rmEf~ or tWIlI-f{ {.Nfl THIS EQUIPt.'EtH CANNor PROTECT -rHEM FH.r)U :;USH I1.lbl(3 [. --~~~ Packing slip O~i22/02 r.J:~~~:;;~~ Mail/to . IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM Shl to' , Tom Moraetes Georgia Amateur Boxing Assn./ Augusta Boxing Club 1929 Walton Way Augusta, GA 30904 1178 ID;;~ :rn(:IIII:.llleC:..;- r;:~~;1 QUOTATION (70~;;;~33 T;~:;,~"'n ..' r 0 .~ . Terms h" ~ _.:.. eomuuu:l.il.1 '1 I lII'rnill.ef'i17i.~nTii1II~ L~' , Ship VIA UPC Message: You may also visit us at our website at www.ringside.com! Thank you for your order! _______._..._n . -.. __n_n 6 SBG JR SUPER BAG GLOVES 44.990 -- 1269.9l JUNIOR SIZE - RED - P13 6 SBGM SUPER BAG GLOVES 44.990 -- 1269.9l MEDIUM - RED - P13 6 SBGL SUPER BAG GLOVES 44.990 -- 1269.9l LARGE - RED - P13 4 SBGX SUPER BAG GLOVES 44.990 -- M 79.9E X-LARGE - RED - P13 6 PSBG 10 10 OZ. PROFESSIONAL MODEL LACE 39.990 -- 039.9.:1 UP SUPER BAG GL.,OVES , .~!..~. ~r:r;r::1I..I. :.I."'. Ringside, Inc. 9650 Dice Lane Lenexa. Ks 66215 Ringside, Inc. 9650 Dice Lane Lenexa. Ks 66215 ship to I_I') Ringside, Inc. 9650 Dice Lane , " Lenexa, KS 66215 , '. 1-877-4-BOXING WARrUflG, AD)(Um IS ^ COU,^CT SPORI lt~ WIHCH VIOlErH 81.0\0'''$ MtF VELlVEREOIO Jl!:AD NJD 800'( NlO SUCH BLO.....S CAN CAUSE SERIOUS IIIJURY,lHiS EQUIPMEIH cAlmor PROTECT BOXERS mOM IflJURY, AtIO THERE AIH: '-;0 WARRAtHII::S OF ^N,' r:lrm, r:Xf'nr~'ir:o OR ff,tPlIr.fJ, IIlAT 1I11!1 t:QUIf'MrrH \\IIlL PH01ECI ROXEH~ fHUM 1f,j,JURV THOSr: WHQ AOX ASSUME THE RISK Arm DAt~GER rW I,JJlJRf AliD TillS EQUIPMENT CAlm or PROTECT lHEM FROM SUCH RISKS [ :h'~2l Packing slip 'l'~' ,....1:5~.11::t6:9.7~19.A~ 04/22/02 L =-, Mail to ' IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM Shl to' "'. :" Tom Moraetes Georgia Amateur Boxing Assn./ Augusta Boxing Club 1929 Walton Way Augusta, GA 30904. "1~1'11I1;.I"~I' 1178 , Sales 10 , DR lOR :rnUU;.llltol~. r;:;;', . Terms .. . QUOTATION . . : (706) 733-7533 You may also visit us at our website at www.ringside.com! Thank you for your order! . : . . , . . , . 6 PSBG 12 12 OZ. PROFESSIONAL MODEL LACE 39.990 -- ~39.9<1 UP SUPER BAG GLOVES 5 INBG R REGULAR INTERNATIONAL STYLE 34.990 -- 174.9!: BAG GLOVES 5 'NBG L LARGE INTERNATIONAL STYLE BAG 34.990 -- 74.95 GLOVES 4 PBG NEW STYLE POWER BAG GLOVE 64.990 -- D59.9E 6 RP 14E TRAINING GLOVES 64.990 -- ~89.9<1 RED - 14 OZ. - ELASTIC - P17 \ 1 Ringside, Inc. 9650 Dice lane Lenexa. Ks 66215 Ringside, Inc. 9650 Dice lane Lenexa, Ks 66215 ship to .- I_I I Rirtgside; Inc. 9650 Dice Lane , , . . Lenexa, KS 66215 ,. 1-877-4-BOXING WARNING" BOXI~JG IS A CQfHACI SPORr IN WHICH VIOlEUl BLOWS ARE DELIVER Ell TO HEAD AND BODY. ANO SUCH E3lO'tVS eMI CMJSE SERIOUS If~JURY. THIS EO\IIPMEtH CANNOT PROIEcr BOXERS FROM 1r~JUR"". Mm THERE ARE fW WARRANTIES ,-'IF At~'( KlfJO. EXPRESSED OR IMPliED. THAT 1111S EOUIPMENT WILL PROTECT HOXERS FROM INJURY THOSE l/'/HO BOX ASSUME HtE HISK AND O/\NGER (IF INJURY MoJD 11118 EOUIPMnn eMmOT PROlf;CT THEJ.1 F'HQM suetl nl!>1{3 L_ ~~1!J Packing slip O~i;2/02 r.I:~~~:~;~~ Mall to . IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM Shl to " Tom Moraetes Georgia Amateur Boxing Assn./ Augusta Boxing Club 1929 Walton Way Augusta, GA 30904 IIDJ:lf'UII:.l_~I' Salas 10 :IE'hu.;IIIM:.' I~;:~~~"~I .," ,Terms " [~ Ship VIA 1 I 1178 DR/DR QUOTATION Mnlin.eIi1Ji.~mm'IC-I r"l ::.I1I'11I~ll1Imiihul mrna'iTA (706) 733-7533 0.0 Lbs UPC Message: You may also visit us at our website at www.ringside.com! Thank you for your order! , -- ---- .hU._. .... ..........-~. .m1.::.I"("~I__I_:r.t~I.]. :.I:f~ 6 RP16E TRAINING GLOVES 64.990 -- 389.9L RED - 16 OZ. - ELASTIC - P17 6 RP 18E TRAINING GLOVES 64.990 -- 389.9~ RED - 18 OZ. - ELASTIC - P17 8 JRT14E 140Z. ELASTIC JUNIOR TRAINING 54.990 -- 439.9~ GLOVES 8 JRT16E 160Z. ELASTIC JUNIOR TRAINING 54.990 -- ~39.9~ GLOVES 6 SGA 10 RD SAFETY GLOVE 10 OZ RED/WHITE 59.998 -- ~59.9~ P 21 , I ! Ringside, Inc. 9650 Dice Lane Lenexa, Ks 66215 Ringside, Inc. 9650 Dice Lane Lenexa. Ks 66215 ship to ~ g' I I Ringside', Inc. 9650 Dice Lane , .' Lenexa, KS 66215 . ., 1-877-4-BOXING WARflING: BO;'WJG IS A CurHACT SPORT U~ WHICH VIOLEIH BLOWS ARE DELIVERED TO HEAD AND BODY. ^"O SUCH OLOWS CAN GAUSE SERIOUS INJURY, lHIS EOUIPMEtlT CANtlQT PAOTeCT 80:I(ERS FROM IN,IURY, AtID ntERE ARE IlO WARRAHTlES OF ANY KINO. EXPRESSED OR I~PlIED, lHATllllS EQUIPMENT WILL PROTECT BOXERS FROU INJUI~Y THOSE WHO BOX ASSUf.tE THE RISK AND DANGER OP INJIIRY ArW HHS EQUIPMENT CAWWl I"'nOTF.CT THEM FHUM SUCI1IW~KS 04"'22/02 r.I:51~9~~Al :lL'~41 Packing slip Mail to IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM Shl to.: --:J~,I~ : Tom Moraetes Georgia Amateur Boxing Assn./ Augusta Boxing Club 1929 Walton Way Augusta. GA 30904 lKJJ:I(.hll:'I.~I' , Sales ID I ['''1 You may also visit us at our website at www.ringside.com! :GI(:.1i1:.1IIe{:"-' [;:;6'" , Terms _.' .. QUOTATION (706) 733-7533 0.0 Lbs UPC , , 1178 I DR IDR on;r;n.IfrITo.~~'r" :.Iil.III~~mm.I:.l (;11;1"'.'" r'''~ . Ship VIA . Massage: Thank you for your orderl . Unit Pnce rJ':lC Extension PKG 6 SGA 10 BL SAFETY GLOVE 10 OZ BLUE/WHITE 59.998 -- p59.9~ P 21 6 SGA 12 RD SAFETY GLOVE 12 OZ RED/WHITE 59.998 -- p59.9~ P 21 6 SGA 12 BL SAFETY GLOVE 12 OZ BLUE/WHITE 59.998 -- 1359.9! P 21 4 JRHW 10 JR. HANDWRAP 10 PAIR PACK 29.990 -- 119.9{ 4 MHW 10 MEXICAN HANDWRAP 10 PAIR PACK 54.990 -- 1219.9{ 5 TIB TRAINERS TAPE BOX 15/BOX P26 11.990 -- 59.9! ; 1 Ringside, Inc. 9650 Dice Lane Lenexa. Ks 66215 I Ringside, Inc. \ 9650 Dice Lane I Lenexa. Ks 66215 I ship to ,.' I Ringside, Inc. 9650 Dice Lane , '~ . . Lenexa. KS 66215 ., 1-877-4-BOXING WARrlHlG" BOXING IS A COtllACT SPQRr Ir~ WHICH VIOLEUl BlO'NS ARE OElIVER!;O TO HEAD MID 130m. MlO SIJCH BLOWS CAN CAUSE SERIOUS INJURY JHIS EOUtf'MF.Nl CAtl1lOT PROJeCl BOXERS FROt.1 INJURY, Arm 1 HERE ARE NO WARRANTIES OF ANY KIND. EXPRESSED OR lMPllED.1HAl WI$ EOUIPMENT ~\'1lL PROTECT AOXER$ FROJ.lINJURY. TII0SE WHO BOY. ASSUME THE RISK AND OArlGER o~ IWURY Arm THIS EOUlr>t.1ENT CArmel PRQTF.cr litEM FROI,' SUCli Rl:;KS r-~~~~ Packing slip O~/~2/02 r.I:~.~~~;~~ Mail 10 . IMPORTANT RETURNS INFORMATION ON REvEnSE SIDE OF TIllS FORM Shl fo ~~)'i"l ' Tom Moraetes Georgia Amateur Boxing Assn./ Augusta Boxing Club 1929 Walton Way Augusta. GA 30904 .,', ..", . ..' ,Terms .' ". . 1178 Q :mFil'1l11 DR lOR :l;'If:1.:.IlIeI:.' l;:~'-I QUOTATION et'J'JEI.,lul:JJ."., et"rnin.MiTli..,fITiiI,l;J L"l r :.I.I'I'IJ.~rJIii1'I':1 . . ~ I Total 'NT r 0.0 Lb. r''''~ , Ship VIA (706) 733-7533 UPC Message: You may also visit us at our website at www.ringside.com! Thank you for your orderl ,- n, ..~..._. -... ~......-..:.-... 'm1."'l.tt~~...l'i'I'iEl.11 :.l:~~ 5 CG 1 SUPER GAUZE 90 RL P26 44.990 -- ?24.9~ 6 RPNF S RED NO-FOUL PROTECTOR p29 44.990 -- ?69.9~ SMALL 6 RPNF M RED NO FOUL PROTECTOR p29 44.990 -- ?69.9~ MEDIUM 6 RPNF L RED NO FOUL PROTECTOR p29 44.990 -- ')69.94 LARGE 4 RPNF X RED NO FOUL PROTECTOR p29 44.990 -- 79.9E X-LARGE I i Ringside, Inc. 9650 Dice Lane Lenexa, Ks 66215 Ringside, Inc. 9650 Dice Lane Lenexa, Ks 66215 ship to . . I_I I R;ngside, Inc. 9650 Dice Lane , ~ . . Lenexa, KS 66215 ,. 1-877-4-BOXING WARNING E1Q.xllm IS ^ CQtHACT SPORr I~l WHICH VIOlENT BLOWS ARE DELIVERED TO H(AD MID BOUY. AND SUGH BLOWS CAN CAlJSE SERIOUS fNJUflY.IHIS EQUIPMENT CANNor PROTECT BOXERS FROM lI~JURY, AND THERE ARE Nl) WARRAmlES or ArN KINO, EXPRESSED OR IMPLIED, THAT THIS EOUIf'MEIH Will PROTECT BOXERS FROM HlJURY. n-lOs= WHO BOX ASSUME:. IHE RISK AND DANGER OF r~lJURY AI'JIJ THIS EOUlPME:tH C^NI~OT PROTECT lHEM FROI'.l SUCH HlSY.S O~i~2/02 r.J:;~~~~~~ L ~~'~6 I Packing slip Mail to IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM Shr to ., Tom Moraetes Georgia Amateur Boxing Assn./ Augusta Boxing Club 1929 Walton Way Augusta, GA 30904 ,'~ . Terms _\.. eRmn.eF.17i.~nTii1.I;.J ['l :.I'I'I'I=-~DIii1.I:I mF.'l"'1'. r''''n ShIp VIA , I ern:t(.JaII~"~I. Sales ID :rnl:ll;.hhf:Vi I~;:~;~ 1- QUOTATION 1178 DR IDR (706) 733-7533 0.0 Lbs UPC Message: You may also visit us at our website at www.ringside.com! Thank you for your order! - ,- ___n ---.- - - 8 JR7 71/2 FT JUMP ROPE 12.990 -- 1 03.9~ 8 JR8 81/2 FT JUMP ROPE 12.990 -- 103.9~ 8 JR9 91/2 FT JUMP ROPE 12.990 -- 103.9~ 4 FNF S NEW FEMALE NO FOUL PROTECTOR S 39.990 -- 159.9€ 4 FNFM NEW FEMALE NO FOUL PROTECTOR M 39.990 -- 159.9€ 4 FNF L NEW FEMALE NO FOUL PROTECTOR L 39.990 -- 159.9€ 3 PFW5 POWAIR FOAM & WATER BAG 200LB* 779.990 -- ~39.97 2 PFW4 POWAIR FOAM & WATER BAG 150LB* 199.990 -- 399.9€ 2 RESSB S REYES SPEED STRIKING BAG 54.990 -- 109.9€ SMALL - PG 6 \ -~ i Ringside, Inc, 9650 Dice Lane Lenexa, Ks 66215 Ringside, Inc. 9650 Dice Lane Lenexa, Ks 66215 ship to 1_,1 I Ringside, inc. 9650 Dice Lane . . Lenexa,KS66215 ,-- 1-877-4-BOXING WMUIIN('l" BOXlfW IS ^ CONTIICT SPORT I~l WHICH VIOLENT BLOWS ARF. DELIVERED TO 11F.^O ^NO BODY, ^,lO SUCH BLO'NS CAN CNJSE SERIOUS INJURY THIS EOUIf'MFNT CNmOJ PROIECT BOXERS FROM It~JURY, MW THERE I\RE r-lO WARRMJtIES OF ANY KIND. EXPRESSEO OR IMPlIED. THAI THIS EQUIPMENT WILL PROT(CT BOXE~S FROM ItUUm'. H-JOSE WilD BOX ASSUME THE Rl~K AND t>At~GF.R QF IUJlJRV A,tm THIS r:OlurMEtll C^,lIwr PROTrGr TlH'M rw>>.t SlICH RISI\~ O~i;2/02 r.I:;~~~;~~ :1.:.lCl 7 I Packing slip Mail 10 . IMPORTANT RETURNS INFORMATION ON REVERSE SlOE OF THIS FORM Shl 10 ~ ' Tom Moraetes Georgia Amateur Boxing Assn./ Augusta Boxing Club 1929 Walton Way Augusta, GA 30904 DR IDR I r"'] :l:1rtllf:H.ItI:.a' r;:;~'l- ~ .. Terms . enJ:l"IIII::.I_~I' , Sales ID 1178 QUOTATION I ":""b Ship VIA I4"lmn.et'i17i.~mm'I:l :III.I'I'I~~I1Tii1'UI ri1rna'.'..1 (706) 733-7533 0.0 Lbs UPC Message: You may also visit us at our website at www.ringside.com! Thank you for your order! - ---- ---- 2 RESSB M REYES SPEED STRIKING BAG 59.990 -- 119.9~ MEDIUM - PG 6 3 LSBB S SMALL LATEX SPEEDBAG BLADDER 3.990 -- 11.9/ 3 LSBB M MEDIUM LATEX SPEEDBAG BLADDER 3.990 -- 11.9/ 3 LSBB L LARGE LATEX SPEEDBAG BLADDER 3.990 -- 11.9/ 3 UDEB NEW ULTIMATE DOUBLE END BAG 49.990 -- 149.9f 6 PPM PANTHER PUNCH MITT 59.990 -- 359.94 6 PM6 AIR PUNCH MITTS - PAIR 54.990 -- 329.94 3 SBP SUPER BODY PROTECTOR:ONE SIZE 39.990 -- 119.9f " I Ringside, Inc. 9650 Dice Lane Lenexa, Ks 66215 Ringside, Inc. 9650 Dice Lane Lenexa, Ks 66215 ship to I_I ] ~ings.ide. Inc. . 9650 Dice Lane , .. Lenexa, KS 66215 . ,. 1-877-4-BOXING WI'IRtmw. aOXlllG IS ,\, omrACI [,rOPT III WI/,ell VIOI.Ern BLOWS AI~F. DF.(.IVERED 10 llf::."O Mm COlli NllI su.r.tI fit ow~ CAN CAUSE SERIQUZ INJUR'( IHIS [fJl/lPMt;rH CAlmOT PROJECT BOXERS FROM rrUlIRY, AIm IHl;f1F.. ^Rr 110 WAnRMHlES or MI'r' KIND, EXPRESSED OR ll,'PlJEI.'. 111M lHIS EQIIll'MEtH Will PROTECT BOXERS FROM lNJlrlr 1I'l/5!: \'flIO BOX ,.\~SUt..lc IH( RISK ANO OMIGER OF INJUR, MID TillS r:OUIPr.~F.ln CMIIJOT PR01F.cr THEM FROM SUCH RI!:'.~S L~Ll~~ Packing slip o4i22/02 rel:;r6979A1 Mail to IMPORTANT RETURNS INFORMATION ON REVERSE SlOE OF 7/IIS FORM Sht '!~ol;<.,lr ' . Tom Moraetes Georgia Amateur Boxing Assn.l Augusta Boxing Club 1929 Walton Way Augusta, GA 30904 tMl"aUIIII:.l_~I. Sales 10 :rn(~.;TiIMW':' r;:~~~1 't . ~ . . Terms '. ~ If'Cr.n.Mrrli .~mii1'I:'1 i~"l You may also visit us at our website at www.ringside.com! (706) 733-7533 0.0 Lbs UPC I , 1178 DR /DR QUOTATION L'U1U . Ship'VIA ..'_ . ,,' .... ;I.' "_ :. . :.i.I.J.Ir..~mrn.r;.l .; . . . ,: To\al WT ~ Message: Thank you for your orderl 12 ABL ALBOLENE 14.990 -- 179.8l 4 MBS RED/BLACK MED. BALL 9LB. 39.990 -- 159.m SMALL -- WIINSTRUCTIONS 4 MBM RED/BALCK MED. BALL 12LB. 39.990 -- 159.9E MEDIUM -- W/INSTRUCTIONS 4 MBL RED/BLACK MED. BALL 15LB. 39.990 -- 159.91 LARGE -- W/INSTRUCTIONS 1 RPAD 20 RING PADDING 20' p90 f789.990 -- t789.9~ **NO COD**NO AIR**MUST GO TRK Ringside, Inc. 9650 Dice Lane Lenexa. Ks 66215 Ringside, Inc. 9650 Dice Lane Lenexa, Ks 66215 ship to mil,' I Ringsjde, Inc. 9650 Dice Lane , ,. . Lenexa, KS 66215 , '" 1-877-4-BOXING WARNHIG. BOXING IS ^ CONTACT srORT III WHICH VIOLENT BLQ\VS AHE rJl::lIVEnED 10 HfAI,:J ANO BODY, Mm sun.. BLOWS CAN CAUSE SEH.IOUS Iwunv, WI5 EQlJIPMr:Nl C^NllUI mOlrel BOXERS FROM INJURY. Arm l HE:'Rfi i\1-U: ,II) W^RRAt~lIES ()r: AtlY KlllO, F..XPftESSEO OR I",,,I.U"O. IHM THIS EuUIPI,:[tIT WILl. PROTECT Eloxeug FROI.' IWUI('J', l'HOSE WHO fmx ASSUI.IE TIn: RISK AND DAtWER OF II./Jum Atln IH1S EOl.JlNAF.tH CANtU)r pf-lOlrCT THEM 1"11(".1'" r"Jell RI:;KS O:/~2/02 r.l~~.~~9.;9~ ~~~ L_,~I Packing slip Mail to . IMPORTANT RETURNS INFORMATION ON REvenSE SIDE OF THIS FonM ':SHI 'to'!,...'":M ': Tom Moraetes Georgia Amateur Boxing Assn.l Augusta Boxing Club 1929 Walton Way Augusta. GA 30904 1fl:ti""eroii.~[miItIt1 I"';:;;~'''''''r QUOTATION (70;~~:;'~~3 i O~~~s r<<~ You may also visit us at our website at www.ringside.com! r ::rnltU;III-t:::.i ~. _" ,. Terms .' _ ._ ~oI;, . Ship VIA,.. ' , I IlflJ:1r.]ullli.~U _ Sales 10 1178 D'R IDR UPC Message: Thank you for your order! _. . _._n._u .r.'tI.......aJ__.I~:r_::S':I~I.I. 1IIl.:,Ii.1.itB 1 RCC 20 BL CAN V AS RING COVER P89 ~24.990 -- 24.9S BLUE 20' ***NO COD***NO AIR** 1 SM SPARMATE TIMER ~39.990 -- 39.99 2 BB 11 TEAM RINGSIDE EQUIPMENT BAG 59.990 -- 19.98 2 B812 CORNERMEN SUPPLY BAG 24.990 -- 49.98 4 RETR14 REYES TRAINING GLOVES 89.990 -- ,59.9E PAIR - 14 OZ. - PG 4 2 RETR 16 REYES TRAINING GLOVES 94.990 -- 89.9E PAIR - 16 OZ. - PG 4 : Ringside, Inc. 9650 Dice Lane Lenexa, Ks 66215 Ringside, Inc. 9650 Dice Lane Lenexa, Ks 66215 ship to -= illIlllll I Rrngside,'lnc. 9650 Dice Lane _n__1p.nexa, KS 66215 . 1-877-4-BOXING WARNING eoxlIm IS ^ CON1M:l speRr IN WIlICti IIIOLErn AlOV/S ARE DElIV(.Rf:U 10 HEAD NlD BODY, ArlO SUCH m (j1N~ UN CAlJSE SERIOUS If'IJUf~Y !HIS EWII'MEtH C-"NfJOl PRQTEcr BOXERS FROM INJURY, AIm HIERE ^RF. NO WM:RAllTlES of AllY KIND. EXPRESSED OR I~'PUEO. lHAT THIS EOUIPMEfH WILL PROTECT BOXERS I:ROM INJURY, THOSE WHO BOX M$UME THE RISK Arm DAUGEH OF INJURY .b,ND THIS EOUIPMENT CAlmor PRot Eel THEM FROM SUCfi RISKS r-~~'~1f\ Packing slip o~~~~~ IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF TillS FORM . . Tom Moraetes Georgia Amateur Boxing Assn.l Augusta Boxing Club 1929 Walton Way Augusta. GA 30904 -"- :rn{:t.t~.llll;.1 ;~I;;'l Terms~ . .. .........1.. QUOTATION ;~~b~"~ You may also visit us at our website at www.ringside.com! :.l1l.111~~nTii111;1 . Ship VIA _ ~.~ UPC i 1178 DR /DR (706) 733-7533 u, n, . . , . . . 2 RETR 18 REYES TRAINING GLOVES 99.990 -- 199.9~ PAIR-18 OZ. - PG 4 2 REGAP S BK BLACK REYES GROIN/AB PROTECTOR 59.990 -- 119.9( SMALL 2 REGAP M BK BLACK REYES GROIN/AB PROTECTOR 59.990 -- 119.9~ MEDIUM 2 REDEB REYES DOUBLE END BAG 64.990 -- 129.9~ PG 6 4 URP14E ULTIMATE/CLASSIC TRAINING 84.990 -- 339.9E GLOVES 14 OZ. El:-ASTIC ! Thank you for your order! {;iigside, Inc. In50 Dice Lane p.nexa, Ks 66215 Ringside, Inc. 9650 Dice Lane Lenexa. Ks 66215 ship \0 , .. W^RmHG. BQXHIG IS ^ cmnt,CT SPOil I IN WIIICH VIOI,E.1ll BLOWS ARE DELlVEt-tED TO H!:!.AD ANt) BODY. AtlO SUCH BLOWS CAll CAlJSF. SERIOUS IflJUt-tV THI5 f::::J\.III"'MENT CAtJllOT I'ROlr-cr BOXERS FROt.! Ir~JUf~Y. Atm THEHF.. ARE. tlO WAURMllll:;S OF At.v KIIID. ~Xl'RrS$ED OR IMN..IrO THAI TltlS EaUII'MErlT WIll POOH?C T BOXERS FRatJ IN,IURY T HOSE WHO BOX ASSUME THE RISK ANU DAIlGEH OF ItIJUR.... Nil] 1IUS E()UlrM[lH CAWIOT PROTECI THEM f'f{(Jr.I SUGtl RISKS 11_' I' Rin~sjde, Inc. 9650 Dice Lane IRnexa,KS 66215 , 1-877-4-BOXING 1"- ~~~-- Packing slip 04/~2/02 r.I:;~~~;~~ IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM Shl'-lo. "_-I;:~" J""'!!!!!!I_. Tom Moraetes Georgia Amateur Boxing Assn./ Augusta Boxing Club 1929 Walton Way Augusta. GA 30904 DR lOR ..I':"Ir~'.r~'......~_;_ ~r:IiI~ef;TiI:: TAM/EQ O. " Terms, _.' _..0 _.&.::" 0.0 Lbs I ~ UPC You may also visit us at our website at www.ringside.com! ~.'.l..~~mii"I::l Total WT Zon , Ship VIA, : 1 1 1178 QUOTATION (706) 733-7533 essage: - __0- __._.o.u ..--.. . . . . .. Unit Price Disc Extension _KG " 4 URP 16E UL TIMATE/CLASSIC TRAINING 84.990 -- 339.96 GLOVE 2 URP 18E UL TIMATE/CLASSIC TRAINING GLOV 84.990 -- 169.9E PAIR - 18 OZ. - ELASTIC MERCHANDISE IN' OICE T< )TfI L$ 14 m5.47 SHIPPIN( 3 & HAN )L1 'G$ 04.53 IN' OICET< TfI L$ 15 00.00 Thank you for your order! ~:;:;:;:de, Inc, 650 Dice Lane enexa, Ks 66215 I Ringside, Inc. 9650 Dice Lane Lenexa, Ks 66215 ship to I -) l , -, Tom Moraetes Augusta Boxing Club 1929 Walton Way Augusta, GA. 30904 Dear Tom, RINGS "THE BES 9650 01' 'I LANE LENEXA, K 6215-1152 t r~A-~ ~~ r~- .$;;, 5' ()~ 19P1 "'-~ i'( A"L V ThtttAII ~ ~ May 20, 2002 ., Please be advised that we have received your payment in the amount of $2,500 for order #520117 A. We appreciate your prompt payment, and please don't hesitate to contact us with any questions or concerns, Sincerely, Darrin Clauder r. .. l' I '..., "'.,,"'~ '. ....~'''''~, .~ ..~ \' -~, '"", \, - "":"". "'.", f~ ()........) (Hft \9 6. ,,' ~Il. .~ 't " .. ... ~ ~~t~\ )~ ",\.,~ ~~~,'\ '>. .... \. _a .' "<\ . \ ..,\ "'~,~ f~ ~" ~... "~ . .C\ l Ringside Inc.' . .' 9650 Dice Lane Lenexa, KS 66215 Toll Free: 877 426-9464 Phone: 913888-1719 Fax: 913888-2198 WARNING: BOXING IS A CONTACT SPORT IN WHICH VIOLENT , BLOWS ARE DELIVERED TO HEAD AND BODY. AND SUCH BLOWS CAN CAUSE SERIOUS INJURY, THIS EOUIPMENT CANNOT PRO. TECT BOXERS FROM INJURY, AND THERE ARE NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, THAT THIS EOUIPMENT WILL PROTECT BOXERS FROM INJURY. THOSE WHO BOX ASSUME THE RISK AND DANGER OF INJURY AND THIS EOUIPMENT CANNOT PROTECT THEM FROM SUCH RISK. Tom Moraetes Georgia Amateur Boxing Assn.! Augusta Boxing Club 1929 Walton Way Augusta, GA 30904 :JJ:=D ~ :IQ) MAY 2 0 2002 BY: . LI I ~ [N]V10~CE~aYa~oLw~~~iMiid;~~diN~ WITHIN 30 DAYS Reference /I ------- ..u ~__....._.. ~-...,~--" - - 4 0 4 SBG JR SUPER BAG GLOVES 44,990 -- 179.9J JUNIOR SIZE. RED - P13 4 0 4 SBG M SUPER BAG GLOVES 44.990 -- 179.9 MEDIUM - RED - P13 3 0 3 SBG L SUPER BAG GLOVES 44.990 -- 134.9 LARGE - RED - P13 2 0 2 SBG X SUPER BAG GLOVES 44.990 -- 89.9 X-LARGE - RED - P13 4 0 4 RP 14E TRAINING GLOVES 64,990 -- 259.9 RED. 14 OZ. . ELASTIC. P17 You may also visit us at our website at www.ringside.com. Thank you for your business! RINGSIDE 9650 Dice Lane Lenexa, KS 66215 RINGSIDE 9650 Dice Lane Lenexa, KS 66215 Ship to ..' ;. Ringsiue Inc. . 9650 Dice Lane Lenexa, KS 66215 Toll Free: 877 426-9464 Phone: 913888-1719 Fax: 913888-2198 , l WARNING: BOXING is A CONTAC"T SPORT I; ";,;ICH V~OLE~T . , BLOWS ARE DELIVERED TO HEAD AND [lODY, AND SUCH BLOWS CAN CAUSE SERIOUS INJURY, THIS EQUiPMENT CANN01 PRU. TECT BOXERS FROM INJURY. AND THERE ARE NO WARRANTIES OF ANY KIND. EXPRESSED OR IMPLIED, THAT THIS EQUIPMENT WILL PROTECT BOXERS FROM INJURY, THOSE WHO BOX ASSUME THE RISK AND DANGER OF INJURY AND THIS EQUIPMENT CANNOT PROTECT THEM FROM SUCH RISK, Tom Moraetes Georgia Amateur Boxing Assn.l Augusta Boxing Club 1929 Walton Way Augusta, GA 30904 J:P~(..~ IL:V MAY 2 0 2002 BY: Reference" ~ [N]VO~CE:,y'~oL~~~~ij~MiidiA~~~N~ WITHIN 30 DAYS - !!r='Il.._"'~.'. P.'-8- ;flPlil'll".!!!!!!!!!!!!!!. ----...- ..~.._. .....-,............ .u -- 4 0 4 RP 16E I TRAINING GLOVES 64.990 -- 259.9l RED - 16 OZ. - ELASTIC - PI? 2 0 2 RP 18E TRAINING GLOVES 64,990 -- 129.91 RED - 18 OZ, . ELASTIC - PI? 2 0 2 SGA 12 RD SAFETY GLOVE 12 OZ RED/WHITE 59,998 -- 120.0( P 2 t 2 0 2 SGA t 2 BL SAFETY GLOVE 12 OZ BLUE/WHITE 59.998 -- 120.0C P 21 3 0 3 JRHW 10 JR. HANDWRAP to PAIR PACK 29,990 -- 89.91 You may also visit us at our website at www.ringside.com. Thank you for your business! RINGSIDE 9650 Dice Lane Lenexa, KS 66215 RINGSIDE 9650 Dice Lane Lenexa, KS 66215 Ship to .. ..,,"', ,. Ringside Inc.' .' . 9650 Dice Lane Lenexa. KS 66215 Toll Free: 877 426-9464 Phone: 913888-1719 Fax: 913888-2198 I WARNING: BOXING IS A .CONTACT S;;~~;- WHICH VIOLEN~ BLOWS ARE DELIVERED TO HEAD AND BODY, AND SUCH BLOWS CAN CAUSE SERIOUS INJURY, THIS EOUIPMENT CANNOT Pf10, TECT BOXERS FROM INJURY, AND THERE ARE NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, THAT THIS EOUIPMENT WILL PROTECT BOXERS FROM INJURY. THOSE WHO BOX ASSUME THE RISK AND DANGER OF INJURY AND THIS EOUIPMENT CANNOT PROTECT THEM FROM SUCH RISK. Tom Moraetes Georgia Amateur Boxing Assn./ Augusta Boxing Club 1929 Walton Way Augusta, GA 30904 MAY 2 0 2002 I '. ,__J BY: Reference '# ____w_~ ..0..._ ._-.-.__........ _n_ ~-....,~.,--,,--- a --------'"- - ...._--~~ " - 2 0 2 RPNF S I RED NO-FOUL PROTECTOR p29 44,990 -- 89.9J SMALL 2 0 2 RPNF M RED NO FOUL PROTECTOR p29 44,990 -- 89.9E MEDIUM 2 0 2 RPNF L RED NO FOUL PROTECTOR p29 44.990 -- 89.n LARGE 2 0 2 RPNF X RED NO FOUL PROTECTOR p29 44.990 -- 89.9f X-LARGE 3 0 3 GAPS LEATHER SMALL GROIN/AB 1 4.990 -- 44.9 PROTECTOR - RED You may also visit us at our website at www.ringside.com. Thank you for your business! ( RINGSIDE 9650 Dice Lane Lenexa. KS 66215 RINGSIDE 9650 Dice Lane Lenexa, KS 66215 Ship to , "t. r;.' .. Ringside Inc. il,., 9650 Dice Lane Lenexa, KS 66215 Toll Free: 877 426-9464 Phone: 913888-1719 Fax: 913888-2198 ,WARNING: BOXING IS A CONTACT SPORT IN WHICH VIOLENT !-BLOWS ARE DELIVERED TO HEAD AND BODY, AND SUCH BLOWS CAN CAUSE SERIOUS INJURY. THIS EQUIPMENT CANNOT PRO- TECT BOXERS FROM INJURY, AND THERE ARE NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, THAT THIS EQUIPMENT WILL PROTECT BOXERS FROM INJURY, THOSE WHO BOX ASSUME THE RISK AND DANGER OF INJURY AND THIS EQUIPMENT CANNOT PROTECT THEM FROM SUCH RISK. Tom Moraetes Georgia Amateur Boxing Assn.l Augusta Boxing Club 1929 Walton Way Augusta, GA 30904 rp~~z~~ I I ! . ~...~ <t I : 1 ~ ......-........-. - Reference " j ~ NV 0 ~ C ~ :"Y a~o~~fi~widiA~~d~N~ WITHIN 30 DAYS -. '''' .n r.ft!P.I_ ~ -------~-~~-- -.- .1.- hll" I, :J1~I'lt_l' I --- u_ ~......_..~..- -, --,.--,-,....... 3 0 3 GAP M I LEATHER MED, GROIN/AB 14,990 -- 44.9i PROTECTOR -RED 3 0 3 GAP L LEATHER LARGE GROIN/AB 14.990 -- 44,9 PROTECTOR . RED 6 0 6 JR7 71/2 FT JUMP ROPE 12.990 -- 77.9' 6 0 6 JR8 81/2 FT JUMP ROPE 12.990 .- 77.9' 6 0 6 JR9 91/2 FT JUMP ROPE 12.990 -- 77.9' 2 0 2 RPSB S 61X9" SPEED BAG 34.990 -- 69.9~ PEANUT BAG You may also visit us at our website at www.ringside.com. Thank you for your business! RINGSIDE 9650 Dice Lane Lenexa, KS 66215 RINGSIDE 9650 Dice Lane Lenexa, KS 66215 Ship to ~ 1, i. .. Ringsifije' Inc. t, 9650 Dice Lane ~ I r Lenexa, KS 66215 Toll Free: 877 426-9464 Phone: 913 888-1719 Fax: 913 888-2198 c-;;~NING: BOXING IS A co~~;c~SP~-~;IN ~~Hlc;l VIOLENT BLOWS ARE DELIVERED TO HEAD AND BODY. AND SUCH BLOWS CAN CAUSE SERIOUS INJURY. THIS EOUIPMENT CANNOT PRO- TECT BOXERS FROM INJURY, AND THERE ARE NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, THAT THIS EQUIPMENT WILL PRQTECT BOXERS FROM INJURY, THOSE WHQ BOX ASSUME THE RISK AND DANGER OF INJURY AND THIS EQUIPMENT CANNOT PROTECT THEM FROM SUCH RISK, Tom Moraetes Georgia Amateur Boxing Assn.! Augusta Boxing Club 1929 Walton Way Augusta, GA 30904 Date Reference' # n_ --- - ""_U U .--........ ,,.,,-.,,,.., .,',...,.---"""!~,,', ~ 2 0 2 RPSB M I 7"X 1 0" SPEED BAG 34.990 -- 69,9J 3 0 3 LSBB S SMALL LATEX SPEED BAG BLADDER 3.720 -- 1 1. U 4 0 4 LSBB M MEDIUM LATEX SPEEDBAG BLADDER 3.720 .- 14.8~ 3 0 3 LSBB L LARGE LATEX SPEED BAG BLADDER 3.720 -- II. U MERCHAN PISE INVOICE TO TAL $ 2470.55 < HIPPING & HANC UN $, 29.45 INVOICE TO TAL $ 2500.0C CHECK IWITH ORDER #: 076 $ -2500.0C BAL ~Nl E $ O.OC * Y( ~U HAVE A CRED TO F $ 2056.33 * * WHICH WILL BE APPLIED TO YOl RN XT ORDER. * You may also visit us at our website at www.ringside.com. Thank you for your business! ( RINGSIDE 9650 Dice Lane Lenexa, KS 66215 RINGSIDE 9650 Dice Lane Lenexa. KS 66215 Ship to . .-:" ~ " () '3 ,{-. L-R9~ @ a G GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young Mayor of AugustalRichmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $25,000 in Local Assistance funds for AugustalRichmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds to construct a State-of-the-Art playground for disabled children for the Rachel Longstreet Foundation in the City of Augusta. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the lust payment. Please note that your Federal Employers 1. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, J \ 1*.u.-- ex ~....- o' , Laura J. Meadows Commissioner EQUAL HOUSING ~ OPPORTUNITY L.:.I UM/ja Enclosure cc: Richmond County Legislative Delegation 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper -- --~- < I ~.,~ \ . I" ~ 5CJ c;dl 1@67?J-15bt!, ~~ AUGUSTA-RICHMOND COUNTY COMMISSION JAMESB. WALL CITY A TIORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box 2125 454 GREENE STREET AUGUSTA, GA 30903 Bus, (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: RACHEL LONGSTREET FOUNDATION From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this -/K!!tay of June, 2002, between AUGUST A, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and RACHEL LONGSTREET FOUNDATION hereinafter referred to as the "ORGANIZATION"); WITNESSETH: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUSTA a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of $25,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perform the following services, which AUGUSTA has determined renders a substantial benefit to its citizens, to wit: To construct a playground for disabled children, AUGUSTA has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 r Police and ftre protection; r Garbage and solid waste collection and disposal; r Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; / Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, puriftcation, and distribution of water; r Public housing; r Public transportation; r Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUSTA has agreed to provide the State with any information, docwnents and/or photographs that AUGUSTA, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or financial statement of AUGUSTA and any future audits or fmancial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUSTA documentation of Fund use or a copy of audited ftnancial statements until all expenditures of 2 . . the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved fmdings of AUGUSTA concerning expenditure of the Funds, whether based on an audit report, financial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such findings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even ifsuch claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. S 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. S 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under S SOl(c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of La Grange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as defined above. 10. AUGUSTA may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of termination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be determined the Grant from the State to AUGUST A is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUSTA any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. ~l notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: RACHEL LONGSTREET FOUNDATION Cocj}5 1<~~VIO\d~ st. Augu.std.j f:1A ~4>q4>1 IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. RACHEL LONGSTREET FOUNDATION ORGANIZATION BY:~ ~ :)JI~ As Its ,i-e cry A TrEST: Title: Sworn to and subscribed before me thisd07 day of /Ir ~,)5 c- -,2002. '- iVu?P~t!U'iJ~~ Notary Public My COmmission~Pires: 7/':3/ W Notary PUbliC R' My Commission ~~~~ndl?~rr~ty. Ott . . .1CCO" 5 Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 September 4, 2002 Rachel Longstreet Foundation 605 Reynolds Street Augusta, Georgia 30901 Dear Madam: Enclosed is a check in the amount of $50,000 representing total payment of your FY2003 State of Georgia appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program 03-C-L-17 and 03-C-L-898. t<5,OlfD If I can be of further assistance, please feel free to call. Very truly yours, ~1 nn r, Clerk of Commission Enclosure: -,..,. Received Date~ AUGUSTA-RICHMOND COUNTY COMMISSION 084190 .. :..,'.....'.:'^ .." .~'..J.,....._N ,.DESCRIPT>ION> .n.,"" ',".U." '~'::<'::::':':;' ;~-<~~!;::::~.~ i :~1 Ro1P.O\'iNUMBER"" }",INVOICE',NUMBER' .. V':J<,INVOICE,'A'MOUNHY,"",,'" :(;;A.:;"~~!;~.'~'~;,: ::,,::~ ~.:~i: :~i:~Y.~(::: ?",,<-,':NErAMO UNT,-",#X .. d.',' Il--'OCAL ASSISTANCE GRANT AWAF tD 03CL17 25 , 0 0 0 00 0 00 2 5 , 000 00 Il--'OCAL ASSISTANCE GRANT AWAF D 03CL8 98 2 5 , 0 0 0 0 0 0 0 0 25 , 000 00 -- - - - CHECK NUMBER CHECK DATE TOTAl NVOICES DISC TOTAL CHECK TOTAL 084190. 08 /3 0/ 02 50 , 000 00 0 00 50 , 00 0 00 ." II' I '" "11:' ., I" "j,.: . I II' " , , I I I "'~~G~T_eHMo~~cio'~NT":"".':.' ':J;-c<'~~,:X;:,:;~JS:.:;~,~:,};":" ."/~~:..,;~',,;:~~::i;:~~':,: ':,,';'~~:\""<~,'~~:,~'\,~ "'.:~:; ',;:, v>},~':'cb MMlSSION?~ ,;'c';~, ,..~:~;;~t.:,~~~;~>t:;h;~jl;.})~;:;/;,:~0t2/;:~:.~;J:;;,r ,i: ~.~":~ :~i :;~;~i~'\:;c:t;;". :;>:..~{~\'\{'/:':;'~;~' <~";>:y i';\t~'.:~, ~:~';I" ,61 Oc,: ,;,.:i~}~l , . ," - ACCOt:JNTlNG'ro'EP'" . ;, ' . :; 3"P~GREJ;NeST'.: >... \ ' ":.. , "-1.-,' ,~ .. ~A~c;;,gRGI,"~:8~D9 ;(~OS)'821:' ..,:.'-"...,.,........ ':~:':, i-"" :S;!~~!~~~'~~'6:';',~;ti;~,'>'J~~":i;f~~~~;~~t';16,l;~~~ti!.;;(fl;;:~;;'ti1~~f~?f~;1"\f:,~~~:'{;~IJ~R: ~... .,~,. · "'~'.."""{~~:~J~~~~:~;k~~~t,iU~0"l;':."'" "'..;;~~{f,:",;,~",'~~~(1;'~~~i;: ..~TO:Tt;t.~ ~ ;t"<--."""'\'~"~'w ,,-,C" ,.1,"".~.,.m:t,j"\W~'i"!ilC:;""~' ,~., ~~~. :,ft(~.:J ~1@'~'O' :J!f! ~~~~~,<\~:, )Y~~E~,).;.. 4'.;~ ~~~Q 5;~;f3:E'tN9~9;S ;;,8fR~~~Q.'.i\;l;1. N}[~"~i~;r~ :JJ:~;;:{;../' ~.~: ' l~,;~ ~~:~':~'~"~~' }~.~~ ' ~A~'~,~~ifTc~E~IRO~,,{~k ~;:~);.,~~~. "';:~, ..'." '." '1:'" "'A"UGT;TSTA';'1:~"G.;T\' 3'090"''1>':>'' "..~/oI "<"'"f ~,I"F,":" . ,',' ,'~,'I ...' ,,'Fl"')"'~ '","'" < .',\, ' .' """)"~'(' ',' ~'j-'~~ . :,-',,',; '~.i:; c' ,0 . i;.~ :J.:;!;;: '~:,~p,'" ,\,::\r~''t~~~:-', .~~-_.__~~t,. ,;'.,'.. .~:;"'-:./ -~._~.. -.,:::;~.'):.~~~." "..1':,';':~: ':'J3.\'~I1. . .:. '. ;"~"&"f."'~~'i~""~'~"i~";" '~+'"' _r;':;/:" ',,;?:--{ ;!'(r:~::;:'r.'" . -'ii{;,~1 '<~J;~{~-a> :!:'i~l$"rJl.~:'t.!~(:~:-':r{;l' i;~;;.. ,"'c:j.," FIRST ur~ibN NAfi6NA{BANK"'"~~~'" . ,,':_'0 " . ,,".' ,'''-~ ,~.~ , "'~" "~,. ::? . " . . ,- . AUGUSTA, GEORGIA .- , III 0 8 L. .. gO III I: 0 b .. 0 0 0 2 2 7 I: 20 8 0000 70 28 7 bill Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis cc: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1. Attached is Copy State Grant Documentation for ~-c-L-8'ffState Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. Name_N\o..Y''f !tY\'r\ T r Cl\()Dr Telephone No.if~gf3 ) 1-3 (j) 9 9q 3 (Please print) SignatureY1l~? /'foI>J ~ Address~5' k-f'l{ V10 ld~ cS+. Au$~iu I c:-, A 3(/)CJCPl . Page 1 AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY A TIORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L, COLCLOUGH Mayor Pro Tern MEMORANDUM To: RACHEL LONGSTREET FOUNDATION From: Jim WaD Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The ftrst concern is for funds for a grant to a local government for the beneftt of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose beneftt to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certiftcation that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certiftcation, please call me. i. " . I Grant No. 03-C-L-898 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1 st day of July. 2002. 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") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of a.c.G.A. 950-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 $25.000 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 returned 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: $25.000 Within twenty days of the Department's receipt of the executed Agreement. $25.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. ." t :I Grant No. 03-C-L-898 Page 2 of 5 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. a.c.G.A. ~45-10-20 through ~45-10-28 and a.c.G.A. ~36-67A-l through ~36-67A-6 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 Lel!a1lv Binding Act. The Recipient certifies that it is.duly organized. validly existing 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 a. Monitoring and Auditinl!. 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 the Department, until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of a.c.G.A. ~36-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of a.c.G.A. ~36-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 8. Open Meetinf!s. 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 afficial Code of Georgia Annotated. 9. No AIlencv 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 perfonning any and all obligations under this Agreement. 10. Termination. The Department may terminate this Agreement, with or without cause. upon five business days WIitten 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. ," ~ J Grant No. 03-C-L-898 Page 3 of 5 11. Satisfaction. In the event the Department detennines, in its sole discretion, that the Recipient: (i) has failed to comply with the tenns of this Agreement in a timely manner; (il) 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, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution. "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. 1, Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the perfonnance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange. 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or. as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). ''The tenn 'church' is one of very comprehensive signification, and imports an organization for religious purposes. for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization." but may also mean a "custom, practice, relationship, or behavioral. pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement. it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement 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. [Executions on following page] , ~ 1 Grant No. 03-C-L-898 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT FOR THE DEPARfMENT OF COMMUNITI AFFAIRS By: BY:~~ Laura J. Meadows, c6~er Federal Employers ID Number: 5~- ;;;)~b';;7r Attachments: Exhibit A, "Scope of Services" ....... :j Grant No. 03-C-L-898 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County to construct a state of the art playground for disabled children for The Rachel Longstreet Foundation in the City of Augusta. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose. the purpose must be accomplished through a contract for services by the named private entity. or the private entity that conducts the named program. If the appropriation speciQ,es not only an implementing entity but also a use of funds by the entity. such as improvement of a facility. Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate. suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. Office of the Mayor Bob Young, Mayor Room 806, Munidpal Buildjng 530 Greene Street, Augustar GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@cD.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329 Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ... ORGANIZA TION " . GRANT NO. ' ' AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. . 03-CL-15 $50,000 ARC Animal Control 03-CL-20 $15,000 Augusta Ballet 03-CL-887 '$25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 . Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond Academy 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 Services CSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 African/American. Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N,E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Op/)orlllnity Employer @ Recycled Paper Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ~C).41~ Laura J. Meadows Commissioner UM/ja Enclosures ,:',l Page 001 OF 001 Vendor No: 0000013727 Vendor Name:, AUGUS T'A/R ICHMONO C,OUNTY STATE OF GEORGIA OEPARTMENT OF COMMUNITY AFF'AIR~,' ATLANTA, GA 0000058381' 08/14/2002 ',' $650,000. 00 .~ ',:~.1 ,""f.i INVOICE NUMBER 03-C-L-13 03-C-L-14,' 03-C-L-15 03-C-L-16 03-C-L-17' 03-C-L-1S 03-C-L-1S.T .03-C-L-19; 03-C-L-20 03-C-L-21 03-C-L-22 03-C-L-23 03-C-L-24. ' 03-C-L-25. 03-C-L-26, 03-C-L-27 03-C-L-29 03-C-L-30 03-C-L-31 03-C-L-8S6' 03-C-L-88T 03-C,-L-1l88.-, 03-C-L-890' 03-C-L-891: ,03-C- L- S92,' 03-C-L-S93' 03-C-L-894, 03-C,.L-S96', 03-C-L-S96:. 03-C-L-S97, 03-C-L-S98: .03-C-L-S99' ',. .' INVOICE DATE OS/13/2002' OS/13/2002 OS/13/2002: OS/13/2002, 08/13/2002: 08/13/2002' OS/13/2002, OS/13/2002" 08/13/2002 OS/13/2002' OS/13/2002: OS/13/2002' 08/13/2002 08/13/2002' OS/13/2002', OS/13/2002. OS/13/2002': 08/13/2002: OS/13/2002' 08/13/2002.' OS/13/2002' OS/13/2002" OS/13/2002 OS/1312002' OS/13/2002 OS/13/2002- 08/13/2002' OS/13/2002, OS/13/2002 08/13/2002 OS/13/2002" 08/13/2002' '_'. t . _ , . , ." ~ .... .-",' ~~7--:-!~1!~;~ : . t /\~\-: _:'.:.'.~" kl~. SiU~~.OE' GEOf.lG~~.; ~ 1leP.'A'R,'tMENIrtl,:QF COMMU NJJ;.'t"f\;;A1~A>I ,;'t~s:o.";ex:eC~mw.E ,F!'ARK' StltlTHli1N-~ E:.. .!.t. >f .:.., 'Il.I" ~~ 3Q3 , ' ',,~>~':~,. %I; \6""':' 'I',; .' ~'.:No BANK 1100-1000 GROSS AMOUNT 50,000.00' 25,000.00 50,000.00 36,000.00' 25,000.00 15,000.00' 10,000.00 10,000.00 15,000.00 10,000.00 10,000.00, 5,000.00 10,000.00' 5,000.00'- 5,000.00' 5,000.00 10,000.00 40,000.00, , 50,000.00' 15,000.00,: 25,000.00: . 26,000.00' 30,000.00 10,000.00 30,000.00: 25,000.00, 15,000.00' 20,000.00 15,000.00' 15,000.00: 25,000.00.. 16,000.00> 000041613, 000041614~ 000041616; 000041617 000041619 000041621' 000041601 000041624: 000041626:, 000041630: 00004.1632: 000041635: 000041636 000041638: 000041641 000041583 0000415S5; 000041587: 000041599' 000041604, 000041606' 000041809f 000041620: 000041623, 000041627' 00004163 L 000041634\. 000041637, 000041640: ' 000041644: 00004164,'" 000041660:, .' "" 4 " ',~1l- ":''':~. ;-.'~"';rJ .f ,,_';:;i1f,,:,'~""J!~. b~ '~'~~;r~'~ f~~,~ ;i;~'~~;; ;5i~(~~1 -t'f,~', .1 , if' " ,.t; , , , "' .'. 'q;(~:~02':' , " . ,.J,irI;'h',!:, .' _":':;,'$,,. .. '" '," ~"8fi"':i.:!\.,..;-, ",'S'if', " . Pay tDtti.'.Ord.~tlC;A'lJ:GUS,TAl/R I CHMOND\COUN:rY,~ .: -}\f~C~~O; GR.EENEc S,TRE:~:T:<,':: ':;;;.'~,', '.','~" ,,.'" ..' J;i\" ''','.. -; ::~~~3~~~~~' :~d: :".~:. . ;. '.~';} Pay,Exactly SiI)(r,;-HtlNOREO; F I FTY,;-"r.HOUSANO 'A'NO' -::~J.bi7 ',:. ,,:,::'',f;!J;.'' ",;:.:~ WACHOVIA ;,:. .~ ..' ~:fjf~i~~7J~ . :o;,~'C~..-~.ll;:':l~, . :'if~q:lt , iO~~k'-'>IJ"" ..):r.~'~~\,~:~ BANk:'" .....::~r~~.r.,..., ~..~.. " }~{'~: :"l. ";~~," '~~"4~ '~:<F'.Ji dP-1;t: ~o(i",....;"-~dlo,;: t ~'JJiE:' l',,"~m . ". "~~r;.~~~ ~r I.......!..t"'~~~,._. .... ", J Check No: ' ' '" Check Date:: Check Total, .. DISCOUNT ,TAKEN . AMOUNT PAID 50,000.00, 26,000.00 50,000.00 35,000.00 25,000.00 15,000.00 10,000.,00. , 10,000.00, 15,000.00 10,000.00,' 10,000.00: 5',000.00 10,,000.00 5 000 00 5;000:00 5:,000.00' 10,000.00, 40,000.00: 50.,000.00: 15,000..00 2= ,1)00. Co.,: 25,000.00: . 30,000.00' 10:,000 . 00' 30 000 00' 25: 000,: 00; 15,000.00; 20.,000.00 15,000.00; 15,000.00: 25,000.00: 15., 000.. OO~ '".. i'., \' 0.00, 0.00: . 0.00 0.00. 0.00 0.00: 0.00 0.00 0.00, 0.00' 0.00: 0.00' , 0.00 :. 0.00 ", 0.00:: .'. , 0.00: ' 0.00, ", 0'..00.: '.' ., 0.00'; '., 0,.00. 0,. OO,~ 0..00, ' 0,.00, ' 0.00:, 0: 00: . ,0: OO~,,; ..0.00...' O. OO~ ,', 0'.00: 0.00': ' 0'.00: 0.00: . '., .~:-; ,; ,'- . ~ 'j '.:' ".',. : '-;~. '. .'- ., \ ~' ~. . '.'. ,...... d"'''' :.~ . J' '. '~', ; . . . l,."", ... : ,J.- _ '..i'~;-'..:: '-::::'-:: "ti't:-~;'"'\- ~'t1~W ' .~:~ :1 i ~I 1'lj -<Ii '~i ,~~: :~i ",11 $850,000 . 00;~1 ,~I . ;~~... -'. ~.f"..n....... '_';! '0' ;~! '1JI . ~I '~ti ~. 11-0000058:28 ~II- 1:0 b ~OOOO ~Ol: O? O.? ~ b 511- " , ~ GEORGIA DEPARTlVIENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03:..C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. eQUAL HOUSING ~ OPPORTUNITY L.:.J 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper Honorable Bob Young August 20,2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. uMija Enclosures 2Cj.#!~ Laura J. Meadows Commissioner . . . f J' ... D3-('-L-/7 @ .. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $25,000 in Local Assistance funds for Augusta-Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds to construct a playground for disabled children in Central Savannah River Area for the Rachel Longstreet Foundation in Augusta-Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers I. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, d~-.-~. Laura J. Meadows Commissioner LJM/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N,E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper i', Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 September 4, 2002 Rachel Longstreet Foundation 605 Reynolds Street Augusta, Georgia 30901 Dear Madam: Enclosed is a check in the amount of $50,000 representing total payment of your FY2003 State of Georgia appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program 03-C-L-17 and 03-C-L-898. ~5;"o() If I can be of further assistance, please feel free to call. Very truly yours, AIJ1d (j!:n~~. nn r, Clerk of Commission Enclosure: ,..,,:- Received Date~ '. AUGUStA~RICHMOND COUNTY COMMISSION 084190 '" .... DESCRIPTION,,'" .', "'. \)P.O/NUMBER/ f""JNVOICE,NUMBER' :'; ~~;;.:.: ,'INVOICE''AMOUNIi'T<,~' ...... , ",,')NETAMOUNJ. ,--.-.',' !LOCAL ASSISTANCE GRANT AWM lD 03CL17 25, 000 .00 0 00 25, 000 .00 !LOCAL ASSISTANCE GRANT AWAIi lD 03CL898 25, 000 00 0 00 25, 000 .00 - CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 084190 08/30/02 50, 000 .00 0 .00 50, 000 00 ,. II , . I' "" :' I , , : , , I I "*fi~'~ 'I~~~,!.f"" ~ 't,;~I~~l "~;,I~}E~ " I, 1,;,1" ,11'(" .' 84.022 610 "A~~;M~j~'liJ~~~ii~~~~N~;!:(f~~{~~~ 30 Z!~2t' '.t''':~ 8,4[1,9 Ot?,z (~~:o';;? . I '.';:'.r.=..' ".f~~' ,1...< :,t~<:-. I!i;.'--"",~~ .~!;~-,',=,t..,,-:",i,rJ;.' '~,c-J__,,~~"c ""'=-.L_-': .', . , . . , ' * -jq,*." *~~ *. ~'*,~~,t *,:.'!',i*j * *"~;?5',tl:, * ,~;~*~'t!$}l?p , . jf _,j~., , '; ,. ' , ,,:; J ~\;,""W ',",I'~IIIIE". '," \~,' 'I'UJ """,I~'I~ a.~ ' '1I'"<l 'Il'"," 1 * L~r ;lee"" :_~.'~i!:. . 1""'~' :...:.~.. r~r, ~:':,IH1~1'~: H~.IL ~'I')I~,~~~I ",i'!_,l'"!,~,,il ~'1P.,,: I I~t "1?~' ~'~IiI[u, "'~J~~,5 c1-i:"l".' ;""iii-t.i" ~,.?-:~.'.;.' . ~,,' ~I~~'~' ::'--1'.2.' ~"J,IH' <t,~:rV,;,',~"\~:~';.j",t' , ::;{f!'-:;;;,;~,~~' ;,,~::~~.;,:;:;~l' \;;8':'~~;"' , ' ' ;':""" "'1' . OlO OANI)N()G:EN:rS~;,~," "..11'.',;, '.:'I'I':'n' Nil' ",,: " '/,/,>',,;, \,"t frA ~I,\,~""",~ ,M'! '''lllllt )1"; il, I ,I' '"""",1"" ,l'~, ~~:I\ ,Ii;ll~~'~ t ?}';\ ': :'~:'i J'~:",' ti'f:",'I~' ~'~11:>;,l;.1 ,~,~'j~'~ "'~;')~,r ' ~:'::,<I~I'~':: ~.,",~I~"( ~ ~:tL,,;:jn::,:1 ;;'.-'i,l"!lj) 'l,H';'" ,~:,1 ~~'}l'",' k 1~"'I';'j: .':f\' . ~ r ." ""...'" 'r ~"'~ ',;';t,':~ VOID,A~~R)90 DA'1(5j\lIl , ! I +<'>,-= ?~'_.,,~ T05955 ,1RACHEL LONG STREB!]:', F,G,~~::r:TON "'6"-'0"'5' "-';REYN'. 0" L:DS' 'S"TRE' 'E["::>l~ J:;'~':(-"';'<,\ , ,'. . "-., ~' '",~ '1';',:"""""" ::Ji"UGUSTA 'G:A 30;9 o:t"~;~~ ;':~:~I ,,::~! "':~:' /'.7', : ';.\{ I ,'\'! ,~:"l~:__,,~:~<~,"J'I' '~,?r,t~ ~'~":'~11~~~'~;'~' '... "~':~_':', ~?~~'I ~~~->~. .~:::7.::.~'~:~i_\: '.n-_-,' r~~".t;il' ..:,-,--; ":>7/Qi :;,.;:" 'M3~;": t /,:'/if,i?i~ A"'~:~~..Q''':;'>, :;o~~./~'" -~. 't:;.' " ,.':! ~~_'IC;;',"',r,~<,,:i~4"1 ~.-', ..~,,~ ,~ l' .',1".',11 ..",+f",.,v:"I-'~ ,j.I,I/,~. I...t',~,r '- ~ ,'- '- '1>.SSISTANT cOMPTROLLER ,fi~ 'i '....( '0 ,:",,,,,,.:,. .. r" 'n'1:;'~"~ t. I',: ,~.}) . ~~;l,') '~"<'Irl ;/,<;";;' ;. FIRST UNION NA:ftONAL BANK:' :'L',~: ' AUGUSTA, GEORGIA '. ~"J _f:~> ~ ~ i . ~" , ," ....i-' I ) '. n\. III 0 a L. ~ L1 0 III I: 0 b ~ 0 0 0 2 2 7 I: 2 0 aDo 0 0 7 0 2 a 7 b III ; , . ;, Office of The Clerk of Commission " Lena J. Bonner, cr-.1C Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 August9,2002 Fiscal Year 2003 Georgia local Assistance Grant Recipient: ORGANIZATION GRANT AWARD Rachel Lonqstreet Foundation $25,000 Rachel Lonqstreet Foundation $25,000 Enclosed are two copies of a contract between Augusta, Georgia and your agency regarding your Fiscal Year 2003 Georgia Department of Community Affairs Local Assistance Grant Award, which was awarded to you through the efforts of the Augusta- Richmond County Legislative Delegation. Please execute both copies of the contract along with the audit statement and return promptly to my attention. The city requires the execution of both documents before the release of any funds. Should you have any questions or need any additional information, please feel free to call me at 706-821-1820. Enclosures: , , ' ;, AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY A TIORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706)722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: RACHEL LONGSTREET FOUNDATION From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Mfairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this LH..aay of June, 2002, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Conunission, (hereinafter referred to as "AUGUSTA"); and RACHEL LONGSTREET FOUNDATION hereinafter referred to as the "ORGANIZATION"); WIT N E SSE T H: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUSTA a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of $25,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perform the following services, which AUGUSTA has detennined renders a substantial benefit to its citizens, to wit: To construct a playground for disabled children. AUGUST A has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 r Police and fire protection; r Garbage and solid waste collection and disposal; r Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; / Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purification, and distribution of water; r Public housing; r Public transportation; r Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUSTA has agreed to provide the State with any information, documents and/or photographs that AUGUSTA, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUST A upon request. ORGANIZA nON further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or financial statement of AUGUSTA and any future audits or fmancial statements until all expenditures of the Funds have been accounted for. ORGANIZA nON agrees to provide to AUGUST A documentation of Fund use or a copy of audited financial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved fmdings of AUGUSTA concerning expenditure of the Funds, whether based on an audit report, fmancial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such findings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUSTA deems necessary to fulft1l its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under ~ 501(c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article I, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of laGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as defined above. 10. AUGUST A may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of termination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be determined the Grant from the State to AUGUSTA is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUSTA any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: RACHEL LONGSTREET FOUNDATION ~rJ5 R~'i i')l\ldS S+"'PF't .Au.g1J~+li, GA 3fJ;lCiq,( IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. RACHEL LONGSTREET FOUNDATION ORGANIZATION ~GU , J cfY BY:~~ As its . A TrEST: Title: ATTEST: Sworn to and subscribed bef~e me this Q2;L day of //u;a-s~ , 2002. ~d~Cr~ Notary Public My Commission Expires: ::J( )1(./, ~~ ~()C)6 / Notary Pubh~. Richmcnd County, GA, My Commission Expi,es J~ly 31,2008 5 Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis CC: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1. Attached is Copy State Grant Documentation for ('},3-C-L-J2 State Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. NameMo.r~ A'nn Tr-o..I~Qr Telephone No. {Aq,3)t=4-~3 (Please print) Signarure~~= Address~r;; 9?@ d -L A~a) 6A 3<b'1cpl . Page 1 AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY ATTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BoBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIMIS BOB YOUNG Mayor P.O. Box 2125 454 GREENE STREET AUGUSTA, GA 30903 Bus, (706) 821-2488 FAX No: (706) 722.5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: RACHEL LONGSTREET FOUNDATION From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the fonn of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. ;,..,. , Grant No. 03-C-L-17 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1 st day of July, 2002, 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") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of a.C.G.A. 1350-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 Proiect. The' Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts, an amount not to exceed $25,000 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 returned 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: $25,000 Within twenty days of the Department's receipt of the executed Agreement. $25,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is spe'cified on page one. .... .. Grant No. 03-C-L-17 Page 2 of 5 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, a.c.G.A. ~45-10-20 through 845-10-28 and a.c.G.A. 836-67A-I through 836-67A-6 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 Binding Act. The Recipient certifies that it is duly organized, validly existing 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 a, Monitoring 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 the Department, until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of O.C.G.A. 836-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of a.c.G.A. 836-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 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 Agencv 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 Dep!artment may terminate tl1is Agreement, with or without cause, upon five business days written notice to the Recipient. If at the time of tennination, any funds un<;ler this Agreement have not been disbursed to Recipient, said funds shall be retained by the Department. ... t Grant No. 03-C-L-17 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) 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, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid, (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibItion against sectarian aid. In the words of the Constitution. "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. I, Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement. it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it. and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or. prevent the State from asserting noncompliance. 13. Entire A.l!reement. This Agreement 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. [Executions on following page] ,., t Grant No. 03-C-L-17 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT By: Federal Employers 10 Number: 5~;;;)~c)10l71 /-rt Attachments: Exhibit A, "Scope of Services" FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS By: ~ u^-~> Laura J. Meadows, C<4.~Sioner ~ it Grant No. 03-C-L-17 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County to construct a playground for disabled children in the Central Savannah River Area for 'the Rachel Longstreet Foundation in Augusta-Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. Office of the Mayor Bob Young, Mayor Room 806, Municipal Buildjng 530 Greene Street, Augusta,. GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329. Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA TION ' GRANT NO. . , AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. ' 03-CL-15 $50,000 ARC Animal Control 0;3-CL-20 $15,000 Augusta Ballet 03-CL-887 ' $25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 . Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond Academy 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 Augusta Neighborhood 03-CL-26 $5,000. Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 Services CSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 African/American. Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure infOlmation to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N,E. . Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Eql/al Opportl/nity Employer * Recycled Paper Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. uMlja Enclosures ~C).41~ Laura J. Meadows Commissioner Paga 001 OF 001 Vendor No: 0000013727 Vendor Name: AUGUSTA/RICHMOND C.OUNTY INVOICE NUMBER 03-C-L-13 03-C-L-14 03-C-L-15, 03-C-L-16' 03-C-L-17 03-C-L-18 03-C-L-18C7' 03-C-L-19; 03-C-L-20 03-C-L-21 03-C-L-22 03-C-L-23 03-C-L-24. 03-C-L-26 03-C-L-26' 03-C-L-27 03-C-L-29 03-C-L-30 03-C-L-31' 03-C-L-886' 03-C-L-887' ' 03-C-L-1l88', 03-C-L-890 03-C-L-891 ,03-C-L-892 03-C'-L-893' , 03-C-L-894. 03-C-L-896' 03-C-L-896. 03-C-L-897" 03-C-L-898' ,03-C-L-899~ . ,', " P8Y, Exactly 'STATE OF GEORGIA OEPARTMENT OF COMMUNITY AFFAIR~ .', ATLANTA, GA Check No: ' " Check Data:: Check Total: . 0000058381 08/14-/2002 $650.000.00' ,.:~ BANK. 1100- 1000 GROSS AMOUNT . ','.. 08/13/2002:' 08/13/2002 08/13/2002' 08/13/2002. 08/13/2002' 08/13/2002' 08/13/2002 08/13/2002 08/13/2002 08/13/2002: 08/13/2002' 08/13/2002' 08/13/2002: 08/13/2002', 08/13/2002 08/13/2002, 08/13/2002' 08/13/2002 08/13/2002' 08/13/2002:' 08/13/2002. 08/13/2002 08/13/2002' 08/13/2002> 08/13/2002' 08/13/2002' 08/13/2002 08/13/2002 08/13/2002 08/13/2002' 08/13/2002" 08/13/2002' ,.:>j,. ,',..;~ ."~."".~ .~~ ;~"j .~~, '~.,~ ";'''~~''' ~,j7:J,.:< ':"':-;:.r.~"~iF' 14j;b02;";~" ChItCk-~" ' I .~ DISCOUNT . TAKEN AMOUNT PAID 000041613' 000041614~ 000041616:, 000041617' 000041819, 000041621' . 000041601 000041624. 000041626;,. 000041630: 000041632: 000041636: 000041636 000041638;, 000041641' 000041583 000041585; 000041587' 000041599" 000041604': , 000041606' 0000416091 000041620; 000041623,. 000041621' 00004163 L 0000416341' 00004163.7;'., 000041640: 000041644,: 00004164.7" 000041660. ,;' 50,000.,00 0.00, 50,000.00 25,000.00' 0.00, 25,000.00' 50,000.00 0.00 50,000 .00' 35,000.00 0.00 35,000.00 .. 25,000.00 - .' 0.00 25,000.00 , 15,000.00 '" . ' 0.00' 15',000.00 : 10,000.00 ";" 0.00 1 0 , 000 ..00. 10,000.00 . , 0.00. 10,000.00 15,000.00 .. 0.00. 15,000.00 10,000.00 0.00' 10,000.00' 10,000.00, 0.00' 10,000.,00: 5,000.00 ,,. 0.00 0,000.00 10,000.00. " 0.00 .. 10,000.00 5,000.00' 0.00 .. S:,OOO.OO 5,000.00 0.00" , . ' , 5,000.00 5,000.00 ,0.00:' " ,,. 5,000.00' 10,000.00 0.00: '- .' 10,000.00. 40,000.00 0,.00 40, 000. OO~ 50,000.00 0.00., 50,000.00: 15,000.00.. " 0,.00 15,000. OO~ 25,000.00. ." " , , O,.OQ: 2= , 1)00. 00:. 25,000.00: ,', 0.00:: ' 25:,000.00: I 30,000.00. 0.00. 30,000.00', 10,000.00 "'" . ,',' 0.00:, 10:,000.00' 30,000.00: 0:.00:, 30,000.00: 25,000.00' , O. OO},' " 25,000:.00: 15,000.00' O. OO~ ' 15,000.00; 1 20,000.00 0.00;' 20',000..00 I 16,000.00 0'.00: 15',000.00: 15 , 000 .00, .. 0.00'. 15,000.00: 25,000.00 0'.00; 26,000.00: 15,000.00- 0.00, 15., 000.. OO~ I ""'-, 1 " 1 .. ~ ,. ',." ! :. '.".,' 4 .... ,.c', .. ,~ '" '~{~,.~:.-f::.'.'.. :~[:i', ,,>,y\,..:,r,. : ','..;i:' WACHOV IA ~~~~~:1t?,. .. ~..'''- "'-,, ..~~~.....,.,.._~ .~., ',"",' ,;j\;;t:!J'~, '\J~;t,. .' .;.i;.?t~-1t"~'.~ ~~~,~ ,..._~ (~I :;;:'1 .'~I "'~1 . '~I ''h'j~j ~I ,;41 $650,000. 00~1 - ai:.,... . -.;ro-....,.",. .:'~: ,; - ',~i 1 ~::: '. . 'i., \ ~ ~. ~t 'I~ ,..."""",.~ 11100000 58 ~8 ~1I1 1:0 b ~OOOO ~Ol: O? D.? L. b Sill . '. .. GEORGIA DEPARTlVIENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20,2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. eaUAL HOUSING ~ OPPORTUNITY L.:.J 60 Executive Park Soutb, N.E, · Atlanta, Georgia 30329-2231' (404) 679-4940 www.dca.state.ga.us An Equal OpportUnity Employer @ Recycled Paper Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. uMlja Enclosures ~CJ.41~ Laura J. Meadows Commissioner cii .... Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 September 4, 2002 Rachel Longstreet Foundation 605 Reynolds Street Augusta, Georgia 30901 Dear Madam: Enclosed is a check in the amount of $50,000 representing total payment of your FY2003 State of Georgia appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program 03-C-L-17 and 03-C-L-898. , ~025,l) blJ If I can be of further assistance, please feel free to call. Very truly yours, Alfjd . {/f;~a J. nn r, Clerk of Commission Enclosure: "}''':. Received Date~ i ~3 -~-L-8'~J GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Q} Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $15,000 in Local Assistance funds for AugustaJRichmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds to support operation resources at Lucy Laney High School in Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers I. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, dAA4- ). Laura J. Meadows Commissioner UM/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L.:.J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper ,~"';:,':::~ ....... - ,,.,,,,~ T'h C I ,~..,..e .1f"'.....,........ ,,-. ~.r "'" ~~ .1...., '1'1; ;Ii !l..,~ -'~ :10-<' It "I! 1 e ~r~ ~'jjj " ,1: :""" ~""~ ",~,...,.~ '::!!:" 'U:t:.J.:1.~11~~ ';..;J;.r" ~. ii'ih. -Us ~.fJ1'Ij~_Ii.:l"I".:ti.::';':~1:~ ...3 Lena J. 8o-,pet.l crv1C Clerk <Jf ~:olT1mi~sjcn l'.~ai:CI !y!ora'!,,~ki Deput.y Clerk R(lom 30()- ML:r,icipai 5uilding 530 G~cene 5~'r2et.. AuGUSTA, [:;~. J09U {706} S:::1...l82'j - i=AX (7'j6) 82:-1838 September 5, 2002 Honorable Charles W. iNalkef", Senator Augusta-Richmond Legisiative Delegation P.O. Box 1282 Augusta, Georgia 30903-1282 Dear Senator \jVa!ker: As requested, enclosed are the following 2003 DCA Local Assistance Grant Awards: AGENCY AMOUNT I AUQusta Mini Theater $50,000 I I AUQusta Mini Theater $50,000 Souths ide Tutorial ProQram $20,000 I I Lucy C, Laney HiQh School $15,000 Richmond Academy $25,000 Auausta Ballet $25,000 Delta House $25,000 Golden Harvest Food Bank $10,000 Delta Leadership TraininQ Proqram $30,000 Southside Tutorial ProQram $20,000 If I can be of further assistance, please feel free to call me at 706-821-1820. ~;UIY our , f2!rj, nner Clerk of Commission Enclosures: AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY ATTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 .E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: LUCY LANEY IDGH SCHOOL From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this K day of June, 2002, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Conunission, (hereinafter referred to as "AUGUSTA"); and LUCY LANEY IDGH SCHOOL hereinafter referred to as the "ORGANIZATION"); WITNE S SE T H: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUSTA a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERA nON of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of$15,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perform the following services, which AUGUSTA has detennined renders a substantial benefit to its citizens, to wit: To provide educational programs. AUGUSTA has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 r Police and fire protection; r Garbage and solid waste collection and disposal; r Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purification, and distribution of water; r Public housing; r Public transportation; ~ Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUSTA has agreed to provide the State with any information, documents and/or photographs that AUGUSTA, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUST A upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or fmancial statement of AUGUSTA and any future audits or fmancial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUSTA documentation of Fund use or a copy ofaudited fmancial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved findings of AUGUSTA concerning expenditure of the Funds, whether based on an audit report, financial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such findings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. S 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. S 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under S 501(c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of laGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as defined above, 10. AUGUSTA may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of termination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be determined the Grant from the State to AUGUST A is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUSTA any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: LUCY LANEY HIGH SCHOOL If:;{~;;t~<<~~1,fVd IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. LUCY LANEY HIGH SC ORG TI (ry'GUATA, GEORGIA ~m'Y: . ~ r As its/MayO A TIES . ? ?.fl' ~. ~<~ '/ .. --'/' .."./ ~......., , ,:;t' ,;1>--,,- <"J' 5 AUGUSTA-RICHMOND COUNTY COMMISSION JAMESB. WALL CITY ATTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BoBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box 2125 454 GREENE STREET AUGUSTA, GA 30903 Bus, (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: IWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: LUCY LANEY IDGH SCHOOL From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Mfairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis cc: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1. Attached is Copy State Grant Documentation forP.J-C-L-m State Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. Name duJ--i-hor ll~ ~L3-bqoD :; 4 3070/ . Page 1 ,~ . Grant No. 03-C-L-899 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1st day of July, 2002. 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") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, mutual cooperation and assistance between the state and its political subdivisions is beneficial to the adm1nistration of programs to assist the citizens of the state; and WHEREAS, the Department is authorized by the provisions of a.c.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 authoIity to enter into this Agreement and expend funds for the purposes set forth herein; NOW, THEREFORE, in consideration of the mutuCJ,1 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 returned to the Deparbnent, no later than completion of the project. 3. Disbursement of Funds. Subject to the availabtlity of funds for such purpose, the Deparbnent shall pay the Recipient in accordance with the following payment schedule: $15.000 Within twenty days of the Department's receipt of the executed Agreement. $15.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. ..,. .. Grant No. 03-C-L-899 Page 2 of 5 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, a.c.G.A. 1345-10-20 through 1345-10-28 and a.c.G.A. 1336-67A-l through 1336-67A-6 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 Lee:ally Bindine: Act. The Recipient certifies that it is duly organized. validly existing 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 a. Monitoring and Auditinl!. 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 Juture '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 the Department, until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of a.c.G.A. 1336-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of a.c.G.A. 1336-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 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 Agencv 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. .... ". Grant No. 03-C-L-899 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (Hi) 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, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. I, Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City oj LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-5. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433. or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization." but may also mean a "custom, practice. relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 566 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement 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. [Executions on following page] .... :;-- Grant No. 03-C-L-899 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS By: ~ fV--6 /lliJ MayO) l.{" BY'~~ Laura J. Meadows, . er Federal Employers ID Number: 5~ ;;);)09 c:l 'J,/ Attachments: Exhibit A. "Scope of Services" -... .f Grant No. 03-C-L-899 Page 5 of 5 EXHmIT A The Local Assistance Grant shall be used by Augusta-Richmond County to support operation resources at Lucy Laney High School in Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity. or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity. such as improvement of a facility; Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate. suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. Office of the Mayor Bob Young, Mayor Room 806, Municipal Buildjng 530 Greene Streetr Augustar GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329 Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA TION .. . GRANT NO. AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. ' 03-CL-15 $50,000 ARC Animal Control 03-CL-20 $15,000 Augusta Ballet 03-CL-887 $25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food' 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 . Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond Academy 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 Services CSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 African/American. Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, GEORGIA DEPARTlVIENT OF COMMUNITY AFFAIRS Laura Meadows COi\JTh1USSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following , Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No, 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY ~ 60 Executive Park South, N.E, · Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper Page 001 OF 001 Vendor No: 0000013727 Vendor Name; AUGUSTA/RICHMONO C.OUNTY STATE OF GEORGIA 'OEPAR TMENT' OF COMMUN ITY AFFAIRS; 'ATLANTA, GA,' '.BANK 1100-1000 INVOICE NUMBER 03-C-L-13 03-C-L-14 03-C-L-15' 03-C-L-16' 03-C-L-17' 03-C-L-18 03-C-L-1S.7' 03-C-L-19; 03-C-L-20 03-C-L-21 03-C-L-22 03-C-L-23. 03-C-L-24' 03-C-L-25 03-C-L-26: ' 03-C-L-27 03-C-L-29 03-C-L-30 03-C-L-31. 03-C-L-886' 03-C-L-887' 03-C-L-1l8S,' 03-C-L-890 03-C-L-S91 .03-C-L-S92,' 03-C,.L-S93: . 03-C-L-894, 03-C,.L-895 03-C-L-S96,. '03-C-L-S97' 03-C-L-89S, ,03-C-L-899' INVOICE DATE 08/13/2002' 08/13/2002 08/13/2002' 08/13/2002. 08/13/2002~ 08/13/2002 OS/13/2002 08/13/2002 08/13/2002' 08/13/2002; OS/13/2002. OS/13/2002 08/13/2002 08/13/200X 08/13/2002 08/13/2002- 08/13/2002' 08/13/2002 08/13/2002~ 08/13/2002:' OS/13/2002' OS/13/2002 08/13/2002' 08/13/2002' 08/13/2002 08/13/2002' 08/13/2002 OS/13/2002, OS/13/2002 OS/13/2002: 08/13/2002:' 08/13/2002' GROSS AMOUNT 50,000.00 . 25,000.00 50,000.00 35,000.00 25,000.00 15,000.00 10,000.00 10,000.00 15,000.00 10,000.00' 10,000.00, 5,000.00 10,000.00" 5,000.00' 5,000.00 5,000,00 10 000, 00 40;000:00, 50,000.00 15,000.00: 25, 000. OO~. 25,000.00. 30,000.00, 10,000.00 30,000.00: 25,000.00 16,000.00: 20,000.00 15 000 00' 15: 000: 00:: 25 , 000 . 00, 15,000.00 DISCOUNT . TAKEN ,.:. ,", ...:/.. . . ,I' "',' '. --, ':;,., _. ,. .,...., ,.r,', . +......--..'- :;;r" ;;~:{~j.iii~OE'~GECiRaI~e;( .~ ,,~fP.'~~~,T.Iml.ml1F.C~MMUNI'~~Ai~ :'~""~':"".!l,~,'. ',' ""...,',,.. I.~'.":.-,: . J~\)S:O,,'EX'E . E ,P.ARK SOtl,'T:HlilN-~E;.__ c.;"';- ~ ~ . '. .-:-:<i'cj., 1\1" 1l'A';. 3Q32)9: ~<:: :.'Q!':;', '-:~1" ,,;;. ~.'--' "". ',,' 114j~t;02 -'~;:~. \~~f": ;./,t,:,.:",,~( >:,. ,', 'ChKk'Oaut" '. "':" ~~.< i':!'~'~;:', ,":: .' Pay to ttia o~, ::$',:i\:,llG.US,TA'/R ICHNON,Oi~OU~TW: ~,," " ,...~'" ?jq. GREENE: STREp r.i., ~~. ';1fi:J. >: J~.' " ,',I~"/ .:' ~;~ ~.~~;~.,.:>. -.' '.}Lr .' :i?~!fi Pay,Exactly Sl X~HUNORE[J; FIFTY.; !tHOUSAND '~~,~~F . ..~J.D-' .~~~lti:. "'::';}" ::";::', ':~if'~~~~~:i": WACHOVIA BANk':)'-' .~ 1- ..' ......=..:r..~"'O..':.i:'.~.,......'. 000041613 000041614~ 000041616; 000041617' 000041619"' 000041621 . 000041601 000041624~ 000041626~ ' 000041630' . 000041632: 000041635~ 000041836' 000041638; 000041641 000041583 000041585,' ' 000041587: 0000415991 000041604': 000041606' 000041609? 000041620, 000041623' 000041627 000041631,' 000041634t 000041637', 000041640:' 000041644i 00004164,r 000041660.', ", ;t~f' ~~~~.':' ;:';'.~r~..:' /~:.' ,~, ~""~r 11100000 58 ~8 .111 1:0 b .0000 .01: 07 0.7 ... b Sill .,,,,,,,,,, Check No; Check Date:, Check T alai:' 0000058381 08/14/2002 $650,000. 00 ~~ ',~ ";'. 0.00, 0.00 0.00 0.00, 0.00 0.00' 0.00 0.00. 0.00, 0.00 0.00: ' 0.00 0.00' 0.00' . 0.00 " O.OOh;:':, , 0.00, 0.00 0.00';' ''- ' 0.00: 0,.00: 0.00;, " 0.00, 0.00', 0:. OO~ ',0.00;, 0'.00, 0.00, 0'.00: 0.00 0'.00; 0,00: ' AMOUNT PAID 50,000.00' 25,000.00' 50,000.00 35,000'.00 25,000,.00 15,000.00, 10,000.00. 10,000.00 15,000.00 10 000 00' 10: 000 :00' 5',000.00 10,000.00 I 5',000.00 ' I 5,000.00 5,000.00' 10,000.00: 40,000.00: 50',000.00: 15,000.00 2=,000.00- - 25,000.00: 30,000.00' 10:,000.00' 30 000 00: 25: 000,: 00. 15,000.00; 20',000.00 15,000.00, 15,000.00: 25 000 00: 15,; 000: OO~ ,'1". "..-,.,. '", .,," . '; .~,'. ~ '. '.: , I 1 AUGUSTA-RICHMOND COUNTY COMMISSION __" ,',I,> ,/:', "'x,';'"DESCRIPTIOW, "",~.-,,"<>Y: ,:-,,'__/i'{', "~':'"".,., ,.,', ",;''P:O':'NUMBER RICHMOND ACADEMY DUCY LANEY HIGH SCHOOL {;<INVOICE,NUMB ERt"'" 03CL893 03CL899 ~':" INVOICE,AMOUN'L ,,,,,,~,:j,;,,,,;A,::';',,ii')' 25/000 00 15/000 00 ..~::<::~.~ ~:~. ;.~,' 084186 ",:,"NETAMO U NT/tx ':: 25/000 00 15/000 00 o 00 o 00 CHECK NUMBER CHECK DATE 084186 08/30/02 TOTAL INVOICES DISC TOTAL CHECK TOTAL 40/000.00 0 00 40/000.00 =1);"'1:Uillm"tI.:I"'jlllltillfll:h'IIIH'l--if'''ijtl~'.~:llIIliI:N>I:(t1;{1l1mIM~.I[tl:1~'ifll~~.Q:""~~:.ill:l=li~"'",,!J"'I~:h'i'I':I:i=lfi~\\IIIlI~~'1:hIJl:m"'I:I~:.'I~II''''I:I::t'HtI.u'alla":I~~jll~''."'I~:"'llm '::~~[~~T~~1[g~~ig~~S~~~:~i?'i'~;0~~~5,~r'i~,~r~~iif;~~::m:';1Ji,~:;i~~~:~s~i.J~ ,~f{~~zRObM' ~ si;ftCQUtiTlNG;&E' :," ~~;?"~\'.~ 3olGR,E~ENI;< ST ' . ~.~ .' I l:lS)Al,l>GEORG . ~~ :':i!19~~~o6).821'. :~~ '~,. -' .~...;; ,::,::'.?~::L;;~ri>~;:!:', ',.riJ: ,,:ji' . ~i . ~:1'~ f":"S0651> .....;;'.'i . . .:--".:~" '.... ~BOA:RD ,0>R EIDt1GAT~G> ~T9~:rH~:.I. _ 1~~\ \x~~<~.,f:~t' ....-;'..\..,:;. !..~,~";d..."..';;"j;~"'I,:.'~~., 1.'./t~, -r .~. y'", ~;,BflD~:~:~.;. ~;'4' {:?:2P 8 3,~ HEf~:&:~'- S:.TRE~J~3 ,:n,W ~~:;:, ~:':~&'~' " <_jOF,.....;u.....,... '-.AUf':'USTA '\r:GA 3'0'904J~;( '~:'I 1\ '~:.[o' !;~~~X~~r '}~~T :~.;'. oJ., <~j~it,;~. . :~~t~:~~;' ':.;;:' ii.''- ":,:V ';" ,j~:~\: ~ii~,':, ?~~L~);!tK~"~j~~:;:;'~.~ ,'d-'.., "'J r.,,[ 'if. ,J..;.(:I~t *m.~t;. r V".;!'jd'\. ~I.. ;"...:l tc:U,i';, . :",~~r, ";r..~ s:. = e:~' ~ '~? {: ,:>:., ':'.1:'" '>fc"'\'~' , "'A:SSISTANT COMPTRO~lER"i$J. ;!'.2tf!r .~{,~~./,~':: ~.'~.","'.r, I:":.o,,.-~~~.. '.,,',:o;.(.,~~u.-/,.. ,_, ..'~,',,'~_.!,:~,~.",:,'-,,'..'..' :, :;t:~...~:.,%~ . .~t';-"I.?~' ~ ~,.'":~ ",'~_,l.,L,: ';.,:~..~:.,.to;>;":'~,~."'":"^'"::,,.;~:.~::i,~.;'.~~; ,;~(!;.. . ' 'j ,. ~" 9 ", .'" ~ '..", -~",', ",",' '<~ ~__,~_ j !l..' \ ...::c;!-,", ....:,.t.l'.... "M..'r. .-~~~~..,..., ~ " '.~r'~"'ruv.;:r.", ~~';r~"1., .rI'~-."r ,',1 i-;tIo'""11'L.t":.~'" \;;;i:J;,;';~:< ,,::J.~>~ ;.t/f~:t..v., FIRSf:UN'ioN NAT.IONP;1 SA' ,\i1l~4!~>" " "....'.". , AUGUSTA,GEORGIA II" 0 a L. 1. a b III ': 0 b 1. 0 0 0 2 2 7 ': 20 aDo 0 0 70 2 a 7 bil" .. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No, 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure infOlmation to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L.:.J flO Executive Park Soutb, N.E. · Atlanta, Georgia 30329-2231. (404) 679.4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper Honorable Bob Young August 20,2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. uMija Enclosures ~C).;Jf~ Laura J. Meadows Commissioner c. .0 0:3 -[-L-~;Y o 8,YG ~ 0 "" > GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $25,000 in Local Assistance funds for AugustaJRichmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds to upgrade equipment at Richmond Academy in Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers I. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, d~~.J Laura J. Meadows Commissioner LJM/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N,E, · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us AI! Equal Opportunity Employer * Recycled Paper Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 August 9, 2002 Fiscal Year 2003 Georgia Local Assistance Grant Recipient: ORGANIZATION Richmond Academ GRANT AWARD $25,000 Enclosed are two copies of a contract between Augusta, Georgia and your agency regarding your Fiscal Year 2003 Georgia Department of Community Affairs Local Assistance Grant Award, which was awarded to you through the efforts of the Augusta- Richmond County Legislative Delegation. Please execute both copies of the contract along with the audit statement and return promptly to my attention. The city requires the execution of both documents before the release of any funds. Should you have any questions or need any additional information, please feel free to call me at 706-821-1820. Enclosures: Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 August9,2002 Fiscal Year 2003 Georgia Local Assistance Grant Recipient: ORGANIZATION Richmond Academy I I GRANT AWARD $25,000 Enclosed are two copies of a contract between Augusta, Georgia and your agency regarding your Fiscal Year 2003 Georgia Department of Community Affairs Local Assistance Grant Award, which was awarded to you through the efforts of the Augusta- Richmond County Legislative Delegation. Please execute both copies of the contract along with the audit statement and return promptly to my attention. The city requires the execution of both documents before the release of any funds. Should you have any questions or need any additional information, please feel free to call me at 706-821-1820. Enclosures: STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this JL day of June, 2002, between AUGUST A, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and RICHMOND ACADEMY hereinafter referred to as the "ORGANIZATION"); WITNE S SE T H: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUST A a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of $25,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perform the following services, which AUGUSTA has determined renders a substantial benefit to its citizens, to wit: To provide educational programs. AUGUST A has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the folIowing: 1 r Police and fire protection; r Garbage and solid waste collection and disposal; r Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purification, and distribution of water; r Public housing; r Public transportation; wi Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUSTA has agreed to provide the State with any information, documents and/or photographs that AUGUSTA, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or financial statement of AUGUST A and any future audits or financial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUSTA documentation of Fund use or a copy of audited financial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved findings of AUGUST A concerning expenditure of the Funds, whether based on an audit report, financial statement, project completion report of independent investigation of AUGUST A, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such findings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUST A has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUST A with any information AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 50-]4-], et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under ~ 50](c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article ], Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City afLaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as defined above. 10. AUGUSTA may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of termination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be determined the Grant from the State to AUGUSTA is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUSTA any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. RICHMOND ACADEMY ORGANIZATION By: Asi cpJy, Sworn to and subscribed before me this _7.-0 day of .~diQ~ ~ Notary Pub!ic, - _ My Commission Expire~: Notal")' Publ~ RlchrnOnd,County. Georgia My commission Expires July 10. 2005 5 AUGUSTA-RICHMOND COUNTY COMMISSION JAMESB. WALL CITY A DORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: RICHMOND ACADEMY From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY A DORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RlCHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: RICHMOND ACADEMY From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. 0'0"" Q1- ...........11"'" ..,. --..................-... "-.;10 -- -- ----. ., Auqusta-Richnl0~ld Gountv Finance Dcp..jrtnlcnt I I I 1. ~ Is Copy s... Grat1t Documerctallon for ~L-~ Grine. r 2. WIhin G:O dII~ of ~ d.. fundt, you wilt be pr.pe* to provide appropriate inYOOee?t',~ project 1i2entIlled' by thlI grant, on demand of cnII depertment. 1f)'OU wll be audit.:! by In I auditor, . 0ClPV of the audit report would be aceeptIild in place d a I'I'.'Ww of InvolcH by this :. ~n. i 3. Thlt ~ wit con1aCt you tor an 1ppOint"nwIr, lor . nM8w of irNoioee, pleaN prcwiclo a poi1'l ~, contlClt below 'It1I'I a IllIrJhone nl.lT1ber lhat helshe may'" tMdIed. Memo 'nil ..... Stld8 Grant Fltc:ipient AI Den. Oavld PlIr88Ud. Tammy Slrang8 0101102 Abct.d Gnutt [)oQ.lI'"enrallon CQ .... ... t r T_~NojJ 1-1/5&,/ ~~3 t s~ Addrwu . PeijG 1 E0 39'itd lOOH85 H9IH 8~'it SS 1L -LEL -90L f.. r ~, ~ t: f' [ f:: f " l< r ~' r t r SS:90 l00l/1l/S0 Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis cc: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1. Attached is Copy State Grant Documentation for (?8-C-L-~tate Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This offic~ will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. Name Telephone No. (Please print) Signature Address . Page 1 .~ -. , c Grant No. 03-C-L-893 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS Tms AGREEMENT entered into this 1st day of July. 2002. 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"). WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of O.C.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 Protect. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts. an amount not to exceed $25.000 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. Accountabilltv. 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 pIinciples. Any funds not expended for the purposes provided herein shall be returned 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: $25.000 Within twenty days of the Department's receipt of the executed Agreement. $25.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. .~ " ., Grant No. 03-C-L-893 Page 2 of 5 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. 945-10-20 through 945-10-28 and a.c.G.A. 936-67A-1 through 936-67A-6 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 Legally Binding Act. The Recipient certifies that it is duly organized. validly existing 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 a. MonitorlnJ! and AuditinJ!. 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 the Department. until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of a.c.G.A. 936-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of a.c.G.A. 936-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 8. Open MeetinlZs. 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 afficial Code of Georgia Annotated. 9. No AJ!ency 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. it{ ,~ Grant No. 03-C-L-893 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (1) has failed to comply with the terms of this Agreement in a timely manner; (il) has failed to complete all or a portion of the actions required under the Agreement; (ili) 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. ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. I. Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or. as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect". "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization." but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. lt is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement 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. [Executions on following page] .' ;: Grant No. 03-C-L-893 Page 4 of 5 IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the date first WIitten above. FOR THE RECIPIENT FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS By: ~1~arf By: ~'Ju!~ Laura J. Meadows. Co~er Federal Employers ID Number: 58-2207274 Attachments: Exhibit A, "Scope of Services" .. Grant No. 03-C-L-893 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County to upgrade equipment at Richmond Academy in Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate. suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the histOIical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. Office of the Mayor Bob Young, Mayor Room 806/ Municipal Builcijng 530 Greene Street, Augustar GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329 Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA TION . GRANT NO. AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. . 03-CL-15 $50,000 ARC Animal Control 0;3-CL-20 $15,000 Augusta Ballet 03-CL-887 $25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum . Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 . Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond Academy 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social , .,:1. ' 03-CL-28 $5,000 Services .' Ii CSRA Transitional Ctr. ' 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 African! American. Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, GEORGIA DEPARTlVillNT OF COMMUNITY AFFMRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following . Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.R. · Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us An Equal Opportwliry Employer @ Recycled Paper STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRL ATLANTA, GA BANK 1100-1000 GROSS AMOUNT 50,000.00' . 25,000.00' 50,000.00 35,000.00 25,000.00 15,000.00' 10,000.00 10,000.00 15,000.00 10,000.00 10,000.00, 5,000.00' 10,000.00' 5 000 00' 5:000:00 5,000.00 10,000.00' 40,000.00. 50,000.00' 15',000.00,- 25 000' 00: 25: 000: 00' 30,000.00 10,000.00 30,000.00: 25,000.00: 15,000.00' 20,000.00 15,000.00, 15,000.00. 25,000.00.. 15,000.00' Page 001 0 F 00 l' Vendor No: 0000013727 Vendor Name:. AUGUSTA/R ICHMOND C,OUNTY ;;.~:~ .li:i j 'l'~~$; ~. .;t),r.....~ } :...~.~ ~,........ . ,.,.,.... ..~" ~ ,.;c!.J,:~02"',,,,. . " iJi. :~c; ;'''''~' '. Pay to 1Ii.,Onter.:o 'lJGUS,TAVR I CHMO'NO' CO'UN-oTY' . ~~{... ?,~.9, GRE.ENE. STR~E' ~~~.~}~t1~.. ".':: ;~~~: '."', .;~~~' Pay, Exactly SITX',;HUNDRED; F I FTY.<r:HO'USANO" .-::~ttt?~ .:, .:. '. ,.$" INVOICE NUMBER 03-C-L-13 03-C-L-14 03-C-L-15. 03-C-L-16' 03-C-L-17' 03-C-L-18 03-C-L-18," 03-C-L-19, 03-C-L-20 03-C-L-21 03-C-L-22 03-C-L-23 03-C-L-24; . 03-C-L-25 03-C-L-26' 03-C-L-27 03-C-L-29 03-C-L-30 03-C-L-31 03-C-L-886' 03-C-L-887' ,03-C-L-888:' 03-C-L-890 03-C-L-89t 03-C-L-892.' 03-C-L-893- 03-C-L-8'94 03-C-L-895 03-C-L-896, 03-C-L-897" 03-C-L-898, 03-C-L-899' . '..~, "' _~~,CHaV IA , ,J:l.S!;~~1f . ~;~r~~~!~:~.. 'li..\" ...&ll' >]~;~~~i: BANk;>' .'m-...~'. INVOICE DATE 08/13/200~' 08/13/2002 08/13/2002' 08/13/2002 08/13/2002' 08/13/2002 08/13/2002. 08/13/2002 08/13/2002 08/13/2002 08/13/2002: 08/13/2002' 08/13/2002 08/13/2002> 08/13/2002' 08/13/2002, 08/13/2002' 08/13/2002' 08/13/2002, 08/13/2002' 08/13/2002' 08/13/2002" 08/13/2002' 08/13/2002, 08/13/2002' 08/13/20'02- 08/13/2002' 08/13/2002 08/13/2002' 08/13/2002.' 08/13/2002- 08/13/2002. 000041613. 000041614~ 000041616', 000041617 000041619' 000041621 000041601 000041624. 000041626~ 000041630' 000041632: 000041635; 000041636' 000041638:. 000041641 000041583' 000041585: 000041587 000041599' 000041604,' 000041606~ 0000416091 000041620: 000041623', 000041627 00004163L 000041634>' 00004163 T'.. 000041640:' 000041644\ 00004164T 000041650;. ' : 1)._", ,.L :',t' . ,v ., , . ..' ", I ~ " ~.".' ... '.... '.. .". ~ ...--......... ,'. ~~~:~j~~~OF:GEQ~ij..t r:.:;., ~~~~''!:Mm.r.rQF: COMM~N-I~i'i~A'~ . -,. ao:.,exeCll!I\WV,E.. P'ARK SOtlTRB1N.."e;. ., ..:.~.,. ?~'.'~, G~ 3C3~:-" , "...~. ,.... . . . " ' \.,~;.~:.'. ',":' ~.,.- .:: ';,'.t1l: '"". "',"~,;';;. .*,,~i-' . ,"'""!itl'.t:} },tt;\1 ".l'.~:rt-:." ':XS:-' "'>:"'~..." 11-0000058:28 .11- 1:0 b .0000 .01: 07 0.7 ... b 511- Check No: " Check Date:: Check Total: 0000058381' 'j 08/14/2002 '.; $650,000 . 00 .~~ ,~ 0.00, 0.00 0.00 0.00 0.00 0.00' 0.00 0.00, 0.00,. 0.00' 0.00' 0.00.: 0.00 '. 0.00. ,', 0.00:' . 0.00:;" .. 0.00: 0'.00" 0.00' .' 0.00 '. '. 0,.00: 0.00;, . 0.00 0.00: '. 0:.00: . ..' .0.00:. .0'.00: 0.00; 0'.00: '.' 0.00 . 0'.00: 0,00', AMOUNT PAID 50,000.00' 25,000.00' 50,000.00' 35 000 00' 25 : 000,: 00 15,000.00 10,000..00. . 10,000.00 15,000.00 10,000.00' 10,000.00: 5,000.00: 10,000.00 5,000.00 5,000.00. 5,000.00. . 10,000.00. 40,000.00' 50',000.00: 15',000. OO~ 2:,000'.00.:. . I 25:,000.00: , 30,000.00' 10:,000.00' 30,000.00: 25,000..00; 15.,000'.00; 20',000.00 15',000.00; 15',000.00: 25,000.00: 15',000,.00: 'j:, ~ " .' 'I. ::'1,' .......,...'1'., \~ :t\ ,.,r, j ,';;l ,~,~l ". .., Che....fIIo, -'~I '~;~tJ.;-' V~;rJ~rN;,'o\1'aciooo 13727 "JI: :>:.~.~ . ~'{1.;~ \~~,~~>j;,\?- :~,i . _,\\\\,1 . ~~;~11 ...~, I ~g~ $650,000.00 ~ ~';:(T /!' ;;:al ,cJ.>7 ' ~~'1.'" ,.....~1>..".... ' :~l ; ;'ofitmt.~50 daya,~; . . .,~ :H~f;, .~t'}':~: ". r' _ .~ ::t:) ."l..,'}; "~""u..::...."".~ .':~"".:;~': .......... ....,. ,fA T;h C I . k ,'i/; ff"'..,........... ".-. ~~ ~- an'~ .,,,",, .rl' of, ;!~.,,;.::'lmo ",,'i! ' e ~r ~",,_'!:.:""ll~~,:,(,~~,",..!.,!~~a l4:.J.:Ld~~~ ~Olo ~. UB ~,~"1I1f:i".n..1:1~~,..~...~ Lr::na J. Bo.jp€t,r CrJ1C ClErK ,)f C:ol71mission Nar:cy !Y!l)ravv~ki Deputy O:::rk RCJOin 30()- ML:nicipai 5uilding 530 G~l~e::e SiT2et .. i.l,uGU~;T A, c:;!\. 3091.1 {706} 321..132.'j - r:AX (j,j6; 82.:-1823 September 5, 2002 Honorable Charles W. \Nalker, Senator Augusta-Richmond Legisiative Delegation P.O. Sox 1282 Augusta, Georgia 30903-1282 Dear Senator VVa!ker: As requested, enclosed are the foilowing 2003 DCA Local Assistance Grant Awards: AGENCY AMOUNT I I Auausta Mini Theater $50,000 I Auausta Mini Theater $50,000 ! Southside Tutorial ProQram $20,000 , I Lucy C. Lanev High School $15,000 Richmond Academy $25,000 AUQusta Sallet $25,000 Delta House $25,000 Golden Harvest Food Sank $10,000 Delta Leadership TraininQ Proqram $30,000 Souths ide Tutorial Proqram $20,000 If I can be of further assistance, please feel free to call me at 706-821-1820. Enclosures: AUGUSTA-RICHMOND COUNTY COMMISSION 084186 ..' """ DESCRIPTION ""..,Y:i' :" '::-:-::};::::'::~'::':'~":':f>;: ";:;: \:P.OiNUMBER:' , ,;'dNVOICE\NUMBER ~,. :'- . INVOICE AMOUNT-<.':}' ',,:NET;AMOUNT ':-cr'. RICHMOND ACADEMY 03CL893 25/ 000 00 0 00 25/ 000 00 IUUCY LANEY HIGH SCHOOL 03CL899 15, 000 00 o. 00 15/ 000 00 . CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 084186 08/30/02 40/ 000.00 0 .00 40/ 000 .00 ,. . " . ~,I:~'~~~':I I ~'~~ll';Jl.~:J~j'.' II' ".!-~)n "j:~k'~:~~:~'" , , " , _ -~-'f '"'T.' * * **-.* *.,*":.t* ~t*"t/r * ~*;*"'!:*~* *'* *'*!'I;;~;* *,;~.;*:~c*~ *"i~ * ~~.1<l*,;k"*I$:AO / ~~\'" tf~ ~~";:i ";~'i~\'\~i(,i:'!' ~I~~ :"~it~ "'_ro+-~f ~'-;r~.---:O" f_~~~>l -,~,_...i.__", ._LP.!'~III~~+"1 "':LTln~, ,i"'~1',"" 1j..III~ ,I"Ul',')'.J1:1 ;t.....:;.-v ....,..;:-..;'f " '--t"".= ""'''"''~::I.',c.- . . '~~t" . ..,,..;, .~'"'' ., II,'~. ,." ...... Q,O;OANDNOCEN'IS t/'.;,; ! ',i>:'c,'''' . ?,:!~'t~ir"\!:!&::;.'I," ,~" \,/~~,,~,';.~;I,:II;.. -~III~~"~,,;rl~, ~,~1~~1 ~I;n~~~~~':l'l.':~'(~~~~l I ~'~ !:" ..._, -, ~~,I ~ II' r,:~ "~ I"'" " r "I'" \. ""pl ",::l"IW" ~/;",' 'I:Jl"':-'/} '~':'I't'.~~, J"~~tf:,l \f' :'";~!: '~';V~I:"1I' ":"-rG!","~: irr, I" I -~,,:-"' "l'~'\",', I ,Il,~' f',: ';r-'~" ~1~lll!. l~"~:',,~~:.l", ,/..', ~~, 'III,'II":"~\' "~\"'''':('l'''' 11~'nl j' , ~;t!:I";" VOIDJ\BP~~i90 DA:rc~J.'; 'l:';,.;~:). . PAY rOTHE. ORDER ',OF' 3865 R ,CO'", BOARD ,€)F EDUCAT:;E-ON,~i1J;t';I!. 2'083' HECKE;E;'" STREE'T, ' " I ~ I '", . ., . .'.c"", ,-':.~~... ''-:<,." ."lJ.~'/ AUGUSTA/.,'G~ 3Q90.4) .,' '-' .' '" i,I-'~t',~~, ,t. " ,v r-c- ...- ",. i, . ~~~ .. "',' r~ .>' .?;>; :l>'",/) ~II", }}7J! /'rir'~"'~j'!;:;:~I"-:I~"""'':'''' ,I .;..; '~~',,_.r-;:s;lt7~JtAl ~,~ C/<:::.l~(~/~/l',,',~~ d'./_.' . <,' 'A'SSIS'TANT COMPJRdLLE~' ~,,;,',~~,'; '~..r~~:i} '>:I"',,':',rl :p~"~:-'\>:"',:','/ ,~'t:'I,,-,}, ,-',; '1~1~/ :,,~i;~'~,~ ~:I~):::'.I",,~~;'~~~:~f) FIRST.UNION NAl:IONAI:. BANK:"/ .: .l, AUGUSTA, GEORGIA ,I, ,~, "i 11108 L. 1.8 bill .:0 b 1.000 2 271: 208000070287 bill GEORGIA DEPARTlVIENT OF COMMUNITY AFFAIRS Laura Meadows COM1\USSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 GrantNo.03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. eaUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 3032~.2231 . (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ;;;;l C).;J(~ Laura J. Meadows Commissioner uMlja Enclosures [) 3 -(-L-~r/ @ ., GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $10,000 in Local Assistance funds for Augusta/Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds as funding for the Golden Harvest Food Bank in Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The fIrst deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the fIrst payment. Please note that your Federal Employers 1. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Conununity Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, d~- ). Laura J. Meadows Commissioner LJM/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L:.J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this It! day of June, 2002, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and GOLDEN HARVEST FOOD BANK hereinafter referred to as the "ORGANIZATION"); WITNESSETH: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUST A a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERA nON of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of $10,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perform the following services, which AUGUSTA has determined renders a substantial benefit to its citizens, to wit: To provide programs for the disadvantaged, thereby promoting public health and safety, including assisting with warehouse expansion and program operation. AUGUST A has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 r Police and fire protection; r / Garbage and solid waste collection and disposal; Public health facilities and services, including hospitals, ambulance 'and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; [' Development, storage, treatment, purification, and distribution of water; r Public housing; r Public transportation; r Libraries, archives, and arts and sciences programs and facilities; [' Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUST A has agreed to provide the State with any information, documents and/or photographs that AUGUSTA, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or financial statement of AUGUSTA and any future audits or financial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUSTA documentation of Fund use or a copy of audited financial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved fmdings of AUGUSTA concerning expenditure of the Funds, whether based on an audit report, financial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUST A, until such fmdings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUST A has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. 9 50-14-1, et seq.) if the ORGANIZATION receives as a direct aIlocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. 9 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under 9 501(c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: "No money shaIl ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of La Grange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as dermed above. 10. AUGUST A may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. Ifat the time of termination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be determined the Grant from the State to AUGUSTA is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUSTA any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shan be in writing and shan be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: GOLDEN HARVEST FOOD BANK 33/0 Cart1~ ./xt.. A':Ju.sfA J G4- 3-oqO~ IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. By: As its <1~UtJA, GEORGIA " ft;r\1' ~ / y: if As its Mayor , ATTEST: Title: ATTEST: Sworn to and subscribed before me his J~ ~ day of U ,2002. Notary Publi My 'lCl3rmmj)~~ ~~~~:Lf ~% ...... . ~ ;; '-' ~. ""'!- ;F ~::::\," - . .~~ ... \\~;-~ ~ ., ". .." 5 AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY ATTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BoBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box 2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: GOLDEN HARVEST FOOD BANK From: Jim Wan Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The ftrst concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. AUGUSTA-RICHMOND COUNTY COMMISSION JAMESB. WALL CITY A DORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Adrninistralor RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: GOLDEN HARVEST FOOD BANK From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis CC: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1 . Attached is Copy State Grant Documentation for ~ -C-L ~9{ State Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. Na::-&et:'y fOy~ (Please~rin _ Signature _ Address )-0 C!o>n~ ~, Telephone No.7 -3.f::. - j J 0/ J {iqC<J7ct, b1t .~ 'J ~P/-/ . Page 1 " ,~ -.;. Grant No. 03-C-L-891 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUmTYAFFMRS AGREEMENT FOR GRANTING OF STATE FUNDS Tms AGREEMENT entered into this 1st day of July. 2002. 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") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of a.c.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 $10.000 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 returned 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: $10.000 Within twenty days of the Department's receipt of the executed Agreement. $10,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. ,1 ." Grant No. 03-C-L-891 Page 2 of 5 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. ~45-1O-20 through ~45-10-28 and O.C.G.A. ~36-67A-l through ~36-67A-6 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 Lel!ally Binding Act. The Recipient certifies that it is duly organized. validly existing 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 a. Monitorinl! and Auditinl!. 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 fmancial 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 conceming 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 the Department, until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of O.C.G.A. ~36-81-8.1 with respect to the completion and submission to the State Auditor of a MState of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of O.C.G.A. ~36-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 8. Oven Meetinl!s. 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 A!!ency 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. . . , ,; Grant No. 03-C-L-891 Page 3 of 5 11. Satisfaction. In the event the Department determines. in its sole discretion. that the Recipient: (I) has failed to comply with the terms of this Agreement in a timely manner; (Ii) has failed to complete all or a portion of the actions required under the Agreement; (ill) 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. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution. "No money shall ever be taken from the public treasury. directly or indirectly. in aid of any church. sect. cult. or religious denomination or of any sectarian institution." Ga. Const.. Art. I. Sec. II. Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange. 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally. without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U8S-6. (c). The words of this prohibition have their ordinary meanings. In Bennett. the Supreme Court indicated that "religious" connotes faith in God. 153 Ga. at 433. or. as the dictionary puts it. belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). ''The term 'church' is one of very comprehensive signification. and imports an organization for religious purposes. for the public worship of God." 153 Ga. at 433. "Sect". "cult" and "denomination" also relate to "a distinct organization." with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization." but may also mean a "custom. practice. relationship. or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive . signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement. it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it. and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement 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. [Executions on following page] . ." , Of" Grant No. 03-C-L-891 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT FOR THE DEPARfMENT OF COMMUNIlY AFFAIRS By: r By: ~~~ " Laura J. Meadows, Co .oner Federal Employers ID Number: 58-2204274 Attachments: Exhibit A, "Scope of Services" " ';' -.. I " Grant No. 03-C-L-891 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County for the Golden Harvest Food Bank in Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose. the purpose must be accomplished through a contract for services by the named private entity. or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity. such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. Office of the Mayor Bob Young, Mayor Room 806, Municipal Buildjng 530 Greene Street, Augusta, GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329 Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA TION .. . GRANT NO. AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. . 03-CL-15 $50,000 ARC Animal Control 0;3-CL-20 $15,000 Augusta Ballet 03-CL-887 '$25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food. 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 . Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond Academy 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 , Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 Services CSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 Africanl American. Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. GEORGIA DEPARTlYIENT OF COMMUNITY AFFAIRS Laura Meadows COMIVIlSSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20,2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following . Local Assistance Grants: Grant No. Q3-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 GrantNo.03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. Q3-C-L,.26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 GrantNo.03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897. Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY . L.:J 60 Executive Park South, N.E. 0 Atlanta, Georgia 30329-22310 (404) 679-4940 www.dca.stat~.ga.us An Equal OppomLllicy Employer @ Recycled Paper Page 001 OF 001 Vendor No: 0000013727 Vendor Name:, AUGUSTA/RICHMOND C.OUNTY INVOICE NUMBER 03-C-L-13 03-C-L-14 03-C-L-15' 03-C-L-16 03-C-L-17 03-C-L-18 03-C- L- 187' ,03-C-L-19. 03-C-L-20 03-C-L-21 03-C-L-22 03-C-L-23 03-C-L-24' ' 03-C-L-25 03-C-L-26' . 03-C-L-27 03-C-L-29 03-C-L-30 . 03-C-L-31 03-C-L-886' 03-C-L-887' ,03-C.-L-888' 03-C-L-890' 03-C-L-891~ 03-C-L-892' 03-C~L-893' , 03-C-L-894. 03-C~L-895'. 03-C-L-896, 03-C-L-897' 03-C-L-898, ,03-C-L-899'. INVOICE DATE 08/13/2002: 08/13/2002 08/13/2002' 08/13/2002 08/13/2002: 08/13/2002' 08/13/2002. 08/13/2002 08/13/2002 08/13/2002' 08/13/2002.- 08/13/2002' 08/13/2002. 08/13/200X 08/13/2002' 08/13/2002: 08/ 13/2002~~ 08/13/2002, 08/13/2002, 08/13/2002' 08/13/2002' 08/13/2002 08/13/2002' 08/13/2002' 08/13/2002: 08/13/2002- 08/13/2002' . 08/13/2002 08/13/2002 08/13/2002' 08/13/2002" 08/13/2002' STATE OF GEORGIA OEPARTMENT OF COMMUNITY AFFAIR& ATLANTA, GA . ,BANK 1100-1000 GROSS AMOUNT 50,000.00 . 25,000.00' 50,000.00 35,000.00 25,000.00 15,000.00 10,000.00 10,000.00 15,000.00 10,000.00: 10,000.00. 5',000.00' 10,000.00' 5 000 OOq 5:000:00 5,000.00 10,000.00 40,000.00 50,000.00 15,000.00' 25,000.00:. 25,000.00' 30,000.00, 10,000.00 30,000.00: 25,000.00 15,000.00'. 20,000.00 15,000'.00' 15,000.00 25,000.00 15,000.00 000041613; 000041614~ 000041616; 000041617' 000041619' 00004162.1 000041601 000041624: 000041626~, 000041630' ' 00004,1632, 000041636: 000041636, 000041638;. 000041641' 000041583:' 000041585; 000041587" 000041599' 000041604: 000041606: 000041609t 000041620; 000041623' 000041627 000041631:.: 000041634(.' 000041637"" 000041640'. 000041644' 000041647~ 000041660: if Check No: , . Check Date:. ' Check Total: . ' 0000058381 08/14/2002 ., $650,000. 00 ~~J :;1 '-_-i " . " DISCOUNT . TAKEN, AMOUNT PAID 50,000.00 26,000..00 50,000.00 36 000' 00' 25: 000.: 00 15,000.00, 10,000.00, 10,000.00 15,000.00 10,000.00: 10,000.,00: 5,000.00 10,000.00 5,000.00 5.,000.00 5:,000.00' 10,000.00 40,000.00' 60',000.00: 15',000.00: 2: ,000. CO-. . 25,000'.00: 30,000.00' 10:,000.00 30,000.00: 26,000,.00: 15,000:00; 20',000.00 15,000.00,. 16,000.00' 25 000 00 16: 000: 00' . '. . .~. , 0.00, 0.00. 0.00 0.00 0.00 0.00 0.00 0.00. 0.00. 0.00' 0.00' 0.00. 0.00 .:; 0.00 ' o 00: ,'. 0:00<,' O.OQ. 0.00 0.00'. 0..00, 0,.00: 0.00:: 0.00 0..00; .' 0:.00: ,0.00: ',' 0.00: 0.00. 0'.00' O. OO~ 0.00: 0,00, '", '.t;. . . 0,. ._,",: -.......... ',"J' ' . . .~ '. ." .'H. ...:".,. .. .. ;:~~~....;:~~_:~ :' , _' ~ :~~'-.~11.~.::~: m~:'Sm~~OE'GEaF.l$pi:~.~ :; ~A~~~QF'COMMUNJ,~~~~IR " .;,;\ao.',:eo:CU!mv>E P'ARI(' SOtJ.THPiW~:E:::1 ' ,f' ~~~~ ',. ~.ffI';nI::A'!;;'I\At" elk 303 ..' . ;;;.::~~ p' ~" b't, '~WtlJ1 '",co" ~~J~~~~_~' ~ ~~f~~\ ,', .~~~.:;tf.'.::.;. ", .' 15 .:No .",. :~~:'t,. \--- .~~-:--~ .;;q :;t~ :~~~::~ .~..~~~.} ''',/7' . "/14/7002 'Co'. CI1ItCk'na., . ':!i;:H'~~~\...l I .' :t'~~~, .,-~: . 1". . 'J!&.ryt. . .. ....'lt~" .. Pay to t1i.'Ord.t~A!UGUS,TAl/R I CHMOND' COU~TY" A~; .~~,B; GR,EE.NE STREi~r ~t'~r'Ij~?t. ..~..:;-" . "'I'''~~'' . Pay, ExacUy '~HUNOREm F I FTY:.' 'tHOUSAND . -:~~bF . . " :..~'iI7,. ".fl. ..... WACHOV IA BANK.{.~ .,tl-......" ....::::r...~~~J:'.".-,......", 1l ~1!t.' .~..... :f!i, ~m ,~\ 'i~.l .~ '~I ~~i .)I~'" V~lirNo;;::;0000013727 .~: ..1 ~ ":lWlr.t,*,,'i 1.1~',lil)~"" ~..... 1 ~.~.;]. ~V'\lt.; \~~: oM " . :J!H ~t~ _~I ,,~~, $650,000. 00 '.~I """f~~' ':~I ',:.\1 . ~! 'i1i ,~: ."," ~ :1:) ,,'~'~n~ 1I10000058:j8.1I1 1:0 b .0000 .01: O? O.? ... b Sill ...:~.j~~~.,..... ~ .~.~ T;h C I ~ 'F . ;~ r~, ~ ::.~; .r-~' I~ .i~l~' ,f, ;!,.~;.:: _ I'''~ ,iP . el!-::..l" ~ij (j. .'!:l""n~.;.,'.,,~""...j;.,,"~ lYii:J.1;:~"&-uJI h.;f.. ....... Ii li'lb. 'VI; ~.~tfti1t~"ln,:t:I~~.1:'~'h'~ LEna J. Bo:,rer.t Crv1C C!E:rk ,]t ~:ommi~si0n l\~arlc/ ~\I!f)rav,,'Ski C'eputy 08rk R(t();~l 3D5- ML:r!!cipai ;juil.jing 530 G~ee::e 5iT,"et.. i.i,U:~U~;T A, t:;~. 309U (706) 321..1B2'j - [=A;( (l,j6) 821.-1828 September 5, 2002 Honorable Charles \N. \Nalker, Senator Augusta-Richmond Legisiative Deiegation P.O. Box 1282 Augusta, Georgia 30903-1282 Dear Senator VVa!ker: As requested, enclosed are the following 2003 DCA Local Assistance Grant Awards: AGENCY AMOUNT I Auqusta Mini Theater $50,000 I I Auqusta Mini Theater $50,000 Southside Tutorial Proqram $20,000 I Lucy C. Laney Hiqh School $15,000 Richmond Academy $25,000 Auqusta Ballet $25,000 Delta House $25,000 .. Golden Harvest Food Bank $10,000 Delta Leadership Traininq Proqram $30,000 Southside Tutorial Proqram $20,000 If I can be of further assistance, please feel free to call me at 706-821-1820. ~;UIY our , ~j. nner Clerk of Commission Enclosures: AUGUSTA-RICHMONO COUNTY COMMISSION 083996 . .......DESCRIPTION'. . .. '.i' , <~:::. ~': ~'.,. P.O~NUMBERf;> ',' INVOICE NUMBER. , ,. INVOICE'AMOUNT:,',,"'i,:,j 'r,,-':::;" /;-~,,:::,-,-~,,:'::,::';:M:' .,;.,. /,',:NE:r::AMOUNT":'{:'. ILOCAL ASSISTANCE GRANT AWAF D 03CL891 10 / 000 00 0 00 10 / 000 00 CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 083996 08/30/02 10 / 000 00 0 00 10 / 000 00 "c'W. . . " I :"!_I'~I'IIU" '" tJ'~I~~. ~LlI~ , , '. , I' " I , I' "11;' 'f "1~XUGO'~Tt:~I'CH M ofr6 COU'i'~'TY' (I"~;:~' _'., '._ '.. COMMISSlpN. '~'ci:';iROOM1 OS;'ACCOUNTINCi:OEP '.-1" 53o--GREENE STR . ;;':I\UGl!JSTA>cGEORG ~~PHCrNEX#)6) 821-2. .' ~-?:"~ t~j=~k:~~-~ {>/:;;'I~,i 0' t'~,~I'IUI~;I~"II" ",. :. , y~~~,: ~~i~~;::.t,l :- ~~~ .;-'",:-, ./ .1;. ".', , J*' *-* * **'.'** ,. ~~\'''j: 1;'~~i'1, . , '); :~1 ...~' '~.\r..~ ,,~ 1'1~ ":1'(11'",. . .J. :~ ;~.:.'~z( "^.....~~ . OAN"'~N' o' G' "'.DN' TS>';i,:,}itr~;""...",,..' ',' _' ~ 4.ci_ 1.1.\ ,""",,1, 1oIIl,.fl;r;'jJ<'w'll"'rl'~ ',:!.'"'} :',',,~"~) ''''If;',,''''.!I!:''' 'I'f"'~n.u,.'r.:,'~. ~I'~~, I'll r,~i:"',," ~I",I ',"/,rli'i JJ1"~llIr~ ' I~,",t Z,'~IIII~, 1,lil.'I~I"\ ,-l'I"I'JorI tlJ ',\ ',4" J' ,~, ~ fi~P~~ '1f)'I" ,I \~"~; IWI" ~o,;cQF;f ,,~\J"i}~I}' ,1,,;I~~','.'.j~ .~I'~' ~'!I"~~::lf. ,- 1jl~!lM~J.",,;ZI,IIY,r" ~/';,;II'~"' r~~IIII~~lI""ll'. . , J VOIDAF.il;EFt90 DAY.~,. '...1'"",,_,,,1 . /p.p.,Y ,:TO THE '~ORDER OF )',._.'__,r T010.32 'G0E:,DEN HARil/ES'D:'.,F00D~"B'M~i"'.. . ;b'i 6. COMIV1J~~'RCE.'"DR':['VE"?:r r:::;~'" ?:",~~ . ,A ,c' 'U' GU'STA "C,A'30""9 OS' "'~ ":'r;i"I, .,'l"~, ,:. ;,' './ :_r.._~ I, J_. '. ,:,. ~,'~, "",,::I:-'~:;} :<~.~:,';'\ t'~\e:2~'~:I" ~_ .. _ . ""'-:\":~ (L ~,<,' ~~J,:':'~'~ L~t" \'~:~'" -." 't. ~ '" .~, ......... . . ". .-.If" ~"'.';.,- :. <'<~r ~-r~~, ~~>l' #;$"~iJC) f71'"~"l ~'~~3;;} A;@1:1~1;1111'~..::1-:;i~Afr:ll~...f 1~1~, f."'o~". f,~?f}.th -Il. ?~~1JtY~',11 ~~ ~~a"I~;...~IH '..~r. J~;J__, ~J6-~~ ;'-''',. ~r..>:J? '"t::l '(.!,,' i ,...~ .... II r ',t.. ...r,... ;:-:~;:c~'. L. ._..k~~.-:,.,~ ,'. ' ....., ""'. ~1~~,lf~~NTC';,'~~~~,"IR,~'~~~;' ;;'; <'~ . ~'~. . -~.,. -i 1 ~ ~ "')1' ~.."~.,,.w ~A".I""""'.",,'.,:,::~ ,: :~:"'K:' c'~;'f.,Y . {',~:: ":J ~. FIRST-(JNION NATlo'N~k BANK' ,~- AUGUSTA, GEORGIA II" 0 8 ~ g en; III I: 0 b l. 0 0 0 2 2 7 I: 2080000 70 28 7 bill . GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMI\<USSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EaUAL HOUSING ~ OPPORTUNITY L.:.J 60 Executive Park South, N.E. · Atlanta, Georgia 3032Y-2231 . (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper r . . ' Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ~C).;J(~ Laura J. Meadows Commissioner uMtja Enclosures ;J'3 -{-L-~~ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS (j Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $25,000 in Local Assistance funds for Augusta/Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds for operational expenses for the Augusta Ballet. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12)' and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers 1. D. Number is required to process this grant. Youmust enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, d!aM- ~. Laura J. Meadows Commissioner UM/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opponunity Employer * Recycled Paper STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this -I..%.- day of June, 2002, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and AUGUSTA BALLET hereinafter referred to as the "ORGANIZATION"); WITNESSETH: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUSTA a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of $25,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZA nON agrees to perform the following services, which AUGUSTA has determined renders a substantial benefit to its citizens, to wit: To provide art programs and facilities. AUGUST A has the power to perfoml such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 r Police and fire protection; r Garbage and solid waste collection and disposal; r Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purification, and distribution of water; r Public housing; r Ill' Public transportation; Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generalIy accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUSTA has agreed to provide the State with any information, documents and/or photographs that AUGUSTA, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or fmancial statement of AUGUST A and any future audits or financial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUSTA documentation of Fund use or a copy of audited financial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved [mdings of AUGUSTA concerning expenditure of the Funds, whether based on an audit report, financial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such findings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. S 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. S 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under S 50I(c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article I, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City afLaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as defined above. 10. AUGUSTA may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of termination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shalI be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be determined the Grant from the State to AUGUSTA is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUST A any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: AUGUSTA BALLE~ ~~0-3~~A- l :30 / 'f IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. AUGUSTA BALLET ORGANIZATION AU~ORGIA f By: As its May, ~ ATTEST: 5 AUGUSTA-RICHMOND COUNTY COMMISSION JAMESB. WALL CITY A TIORNEY LEE BEARD TOMMY BOYLES . ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLlMtS BOB YOUNG Mayor P.O. Box 2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: AUGUSTA BALLET From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY ATTORNEY LEE BEARD TOMMY BoYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLlMI B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLlM1S BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RJCHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: AUGUSTA BALLET From: Jim WaU Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis CC: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1. Attached is Copy State Grant Documentation for ~-L~ State Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. Name 2,41 f\ r\ E ~~ \ ~6l\ Telephone No. ?~~ -~ I -{)555 (Please print) (, \_ Signature ~1WWJ ~\dU Address r. . ~~ ~~2j( hh-SLo~;, ~ 1//))1 . Page 1 .....~ ,~" Grant No. 03-C-L-887 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1st day of July. 2002, 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"). WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of O.C.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS. 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 purppses 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 Protect. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts. an amount not to exceed $25.000 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. Accountability. 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 returned 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: $25.000 Within twenty days of the Department's receipt of the ~xecuted Agreement. $25.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. .t; Grant No. 03-C-L-887 Page 2 of 5 5. Confficts 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. ~45-1O-20 through ~45-10-28 and O.C.G.A. 936-67A-l through ~36-67A-6 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 Legally Bindinl! Act. The Recipient certifies that it is duly organized. validly existing 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 a. Monitoring 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 fmancial 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 the Department. until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of O.C.G.A. 936-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of O.C.G.A. 936-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 8. Open Meetinl!s. 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 Agencv 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 perfonning 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 tennination. any funds under this Agreement have not been disbursed to Recipient, said funds shall be retained by the Department. .:; Grant No. 03-C-L-887 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (il) has failed to complete all or a portion of the actions required under the Agreement; (iti) 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. ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury. directly or indirectly. in aid of any church, sect. cult, or religious denomination or of any sectarian institution." Ga. Const.. Art. I. Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for seIVices by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or. as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes. for the public worship of God." 153 Ga. at 433. "Sect". "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith." "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom. practice, relationship. or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for seIVices with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it. and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire A.l!reement. This Agreement 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. [Executions on following page] .,-<, ...~.... Grant No. 03-C-L-887 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT By: Mayor Federal Employers ID Number: 58-2204274 ~ /_~ ~ cr". Attachments: Exhibit A. "Scope of Services" FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS BY:~vJ.~ Laura J. Meadows. C~ioner ,.;:.... .1' . . Grant No. 03-C-L-887 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County for operational expenses fQr the Augusta Ballet. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose. the purpose must be accomplished through a contract for services by the named private entity. or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity. such as improvement of a facility. Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate. suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. Office of the Mayor Bob Young, Mayor Room 806/ Municipal BuilcjJng 530 Greene Street, Augusta,. GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329. Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA TION . GRANT NO. AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. . 03-CL-15 $50,000 ARC Animal Control 03-CL-20 $15,000 Augusta Ballet 03-CL-887 .$25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 . Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond Academy 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 Services CSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 Africanl American Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, GEORGIA DEPARTlVIENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20,2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following . Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L..26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 GrantNo.03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L..891 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L::J 60 Executive Park South, N.E. · Atlanta, Georgia 30329..22310 (404) 679-4940 www.dca.state.ga.us An Equal Opportullicy Employer @ Recycled Paper l 1 . ~ ! ' ;ifsilii~OF"GEOi~G~;:"i ',:--,~..I'.," , D'SFrA'R!1:MENlrt,!;'Qr::' COMMUNI,y;'y'f."~"'A\I , , , " r~jao.':;E:XECUlmtIJ,E', e'ARK' SO\:l,THB;NJE:;,:, ::;~ "', "F~ 'A<Ni 'j(f, !lit'; 3Q3.2;9. '1;:.C, if 'h:;~f:~"',;,~\"': '~"r/t:'", , '~l ';''';, ',c "~"'>, '_ '_,\' CMcIlND' ~~I ,'~j.,;..11J.1::~'~~" . ,,}~~t.y"" .....:\:1"- ~::.\l .', .jJii.i;,' ~",,' .. .;';'f. ",~,~ ,'l.naar Nallii..Q'OOOO 13727~)1 ..' . ~re\~ ~ - til.. . &:~' \ .,' ,,?-~~; .~~,~I ,U':~~r :r~1 ....>~~U: .-:;: ~t~ $650,000,0011 '-~J ',%' ..~! J: :~; ..,.,. ~l ;!..il '~"i..t.:.:~~~ Page 001 OF 001 Vendor No: 0000013727 Vendor Name:, AUGUSTA/R I CHMOND C,OUNTY STATE OF GEORGIA OEPARTMENT OF COMMUNITY AFFAJR~ ' ATLANTA, !lA BANK 1100-1000 Check No: " Check Date:: , Check Total:' INVOICE INVOICE GROSS NUMBER DATE AMOUNT 03-C-L-13 08/13/2002' 000041613. 50,000.00 03-C-L-14 08/13/2002 000041614~ 25,000,00' 03-C-L- Hi 08/13/2002' 000041616~ 50,000.00. 03-C-L-16' 08/13/2002 000041617' 35,000.00 03-C-L-17 08/13/2002' 000041619' 25,000.00 03-C-L-18 08/13/2002 000041621 15,000.00 03-C-L-18,7' 08/13/2002 000041601 10,000.00 ,03-C-L-19; 08/13/2002 000041624:- 10,000.00 03-C-L-20 08/13/2002 000041626:, ' 15,000.00 03-C-L-21 08/13/2002' 000041630' 10,000,00' 03-C-L-22 08/13/2002' 00004,1632: 10,000.00, 03-C-L-23 08/13/2002, 000041635: 5',000,00 03-C-L-24. ' 08/13/2002. 000041636' 10,000.00" 03-C-L-25 08/13/2002- 000041638' 5,000.001 03-C-L-26: 08/13/2002 000041641 5,000.00: 03-C-L-27 08/13/2002, 000041583' 5,000.00 03-C-L-29 08/13/2002' 000041585: 10,000,00 03-C-L-30 08/13/2002 000041587 40,000.00 03-C-L-31 08/13/2002' 000041599' 50,000,00' 03-C-L-88S' 08/13/2002' 000041604~ 15,000,00,' 03-C-L-887' 08/13/2002 000041606' ':'.. (, 25,000.00, 03-C-L-lI8S' 08/13/2002r 000041609~ 25,000.00' 03-C-L-89D" 08/13/2002~ 000041620: 30,000.00 03-C-L-891: 08/13/2002.. 000041623. 10,000.00 03-C-L-892 08/13/2002 000041627 30,000,00; 03-C'-L-893' 08/13/2002" 00004163,1:' 25,000,00:, 03-C-L-894, 08/13/2002 ' 000041634>~ 15,000.00' 03-C~L-895' 08/13/200Z 000041637' 20,000.00 03-C-L-S96,' OS/13/2002 000041640: " 15,000,00' 03-C-L-897" 08/13/2002' 000041644i 15,000.00. 03-C-L-S9S, 08/13/2002' 00004164,7::' 25,000,00 : 03-C-L-899' 08/13/2002 000041650:: ' 15,000.00 , .. " ., .., DISCOUNT . TAKEN 0.00; 0.00, 0.00 0.00 0.00 0.00' 0.00 0.00. 0.00: 0.00' 0.00' 0.00: 0..00 ' 0.00" '" o 00: ' 0:00;,' 0:.00.. 0.00 0.00.' 0,.00' O,.O~ 0.00:, ' 0.00 0.00': 0:.00: .0.00;, , 0.00, 0.00: 0'.00' 0.00, 0'.00: 0,00, "'t" '" -,. ':"; ..- '::-~ . " ' . .-,\ ,-, ".:: .':: , ..: " " , . j .' ~ ., ."f,' .:. '.~ ..:.: Pay,ExacUy :'~ :.,~ '. ' ~ :~,,':t\::.;1'):.;} .~~!~t WACHaVIA BANK:"" ,', ~.~ I....... ".:.;::\'~;""':';'-:-"~"" ~ " ">'. ;:*;': ':'1"'_" :,~~~~~ ."....."I'~'I"~~:t....". :~: "~ 11100000 58 ~8 *"1 I:ob ~oooo ~ol: O? 0 ~? I.b Sill 0000058381 08/14/2002 , $660,000.00 ::; ) I ~.i AMOUNT PAID 50,000 .00: 25,000.00 50,000.00 35 000' 00' 25: 000,: 00 15,000.00 10,000.,00: , , 10,000.00 15,000.00 10 000 00' 10:000:00 5,000.00, 10,000.,00 5,000.00 5,000.00 5',000'.00' 10,000.00 40,000. OO~ 50' 000 OO~ 15:000:00 2E, 000. CO: - 25,000.00: I 30,000.00' 10:,000.00' 30,000.00' 25,000,.00, 15,000.00: 20' 000 00' 15: 000: 00, 15,000'.00: 25,000.00' 15',000,.00' . .....~..n"..,'... 'l0Id:~,;~ daya " {*~ ;,,;,f).~,l ,,..~'::..:~;-- ......:l: T;n Clerk Q'ot! .tf"'--,........~......;~"'.:~.,..,'[1. U. .' " ::l _... :lIni" \' h ~ ,iP " Iii ti. . T ."" n ~ . ,. ., .... - ..... · ~" j .:l l;j ~ ~~ ~ ~... E ~ l;-~ ~ .. -if .i "I n':f: 11".4:..~.t ~. _. ~.J Lena 1. Eio.lrer r crJ1C ClErk l]f Comrni~sjc-n l\~ancy !"!oravvoski Deputy Ocrk Room 3(),:'- Mt;:-,!cipai 5uil,jing 530 G~e2f'!e 5~n~et -. AuGUST A, {:;~. 30911 (70G} S21...132'J - i=AX (7,j6; 82:-1838 September 5, 2002 Honorable Charies W. \Nalker, Senator Augusta-Richmond Leglsiative Delegation P.O. Box 1282 Augusta, Georgia 30903-1282 Dear Senator VVa!ker: As requested, enclosed are the following 2003 DCA Local Assistance Grant Awards: AGENCY AMOUNT I I Auqusta Mini Theater $50,000 ! Auausta Mini Theater $50,000 Souths ide Tutorial Proqram $20,000 I Lucy C. Lanev High School $15,000 I Richmond Academv $25,000 Auausta Ballet $25,000 Delta House $25,000 - Golden Harvest Food Bank $10,000 Delta Leadership Traininq Proqram $30,000 Southside Tutorial Proqram $20,000 If I can be of further assistance, please feel free to call me at 706-821-1820. fi);U'Y our , t7{!fj. n er Clerk of Commission Enclosures: AUGUSTA-RICHMOND COUNTY COMMISSION 083781 ,{. " .,};..;. "DESCRIPTION, ...;.,.,.(\" ~.' . ,. .,::. J.'.._: :P,O..NUMBER, ".',..INVOICE NUMBER:" ^' '.INVOICEAMOUNn...' .'''.'' " .'~ ,. "NET;AMOUNT.""" '. .... ' ~.. iUOCAL ASSISTANCE GRANT AWAIi ~ 03CL887 25/ 000 00 0 00 25/ 000 00 . - CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 083781 08/30/02 25/ 000 00 0 00 25/ 000 00 I, 'AhGUSTA~RfcH M 6~io coli~~lrv' <'.3 ..COMMISSION"H.~. f>.", '.. ROOMXO&;:ACCOCJNT1NG'PEPAR;J;MENtl,~"';~'" 1~11;1 ..' . C,;.' 530.GREENESTREET """U:,~ />.,1,/ I.,j,i ;"'''1',;,,' -'AUGU""'A GEORGIA 30911' . / .,'. ,,'1' ,,^ ,..,"1 ;..f., " >~. ._, ~} '>,." ~'1', ' '~;'It/ ;"" ';' ,.Ii~ll~'~~,,\' ~~i' "'", , PHQNE;(706) 821-2334" 1 T j~r' . "",~ ",J' .. ,I", .~,. 'C~:')~~ ~_.-' - .... ':~'"II:I~;' , ."d~1 ~:L~....~~ ~,.f 1::J,;IIIi~~ '''''.~';;./ , '...f"f,J.I;:I"~" II . ~,I~ ~.'\~ ,,:Ii , , ..t _:...... ,.., I' II . . I. .011:' o. I ,. ~uI1l1+~;)~.l 1,";rA~i1!"J"''''' '. ,\,'", ". ~ ~~gft~qg{D~1;~g,;;W'~~:';} t5;j;~i@QIS;&Q;~;f1[;j (Iill,'i," ,\' ,il;':f~U~':'" )~ f ;', " r ,.~,l 08l 3 0 ~'~'-" ~'O s:.pa :1.' till')!,.lIi'f'r"'/'I""'" ". \ ~~",,' ..r . . ',~' 0' , " - '- ~ I' <II. \ .'::'>' ( ,* ** *'*. * * ** * ~*'* *.* ,* *"** ** * *.** *: * * *.,*c"* '*~'t* *;,*~':*;* * 1< ~**~*:$2 5 ,'~'. ' {~}~h:; _~). :r-(:~ '_ ,)itFl.":.b, .:~~i" )~:y~ '~'f~'~".r~'\I: ~I:'~J [~:~':;~:l,;;?;'/ "". '....~~~'<f-O,. I'...J~~-1 I I.e;1 r-="'.t; ~~.c .-.,-tl' -g~i~~,t.;.: .1"1.t.,~ " ",.I ~I'" "1:+"("'. I f\i"'~ '::,i1"lq'f ",:./ '(~t~f !:-~~:gt ;1::~:".\T:tt~)? ;~~sd:" .t~:)'~':.~1L' ~,;I}' ~~!,;~i,~::)' oo.oANfuN08EN~TS :;"1;'; ;,~:",".,.. ,,' "',' "" i ',j: _\', ,I'~ \."~"'".I~l \~ ""I:r~ . ("1'1'1' 1"/',:"/ 'II" ~/;'Il ...1 ~1111'1 ',J'I., ,'~ ,1' ',':11 ,',:,"~ ,~, ",;\:\,? ~ "H'I'~'.r:li I: IP;', ""',' :1'11;1 ~ dl~ ',tjlr' ,,/~I~!I~:; ~ jll,I')/f, \ " ;;~""~,.' VOID'"A'f;T~.RI90' DA~~~~; I ,f ~ i~ / ~~:-;6'~ r01030 AUGUSTA ':SAL:iT1ET' '>;"'::0:" . , . _" . ~' . _ '. .. c.r, .." I . ~.:r .4' I .1;. -PO BOX '3'828,.: ..,[ ,I;,' ~":f;~' ...,....' . ,': .1 ' '. . I,~'" " \~'..; '; I,,:,) AUGUS T A'l, GA: 3 0 914'"',t ,.,=' ._'-' ~;- ,I ,; '"~; .', 'l~,'.i~(./ . ('.;,'" }, t ~~; '._ ;-;.,.'" G'~~I~ 'I"'~,""f JJ"~ .11 ,. I,' ~ ;~.:~' ..,~: J _";. -;.'"..'t ; ,i ~>~:}-,. ,PAY ,tQ THE ~bRDER OF ""r~- ,,:?,:~":: . "..:~':-;:-:--'-=-:; ~ , , ,J'r;'JfJ j,;,w .fill /,;";,~~1'(1,11:",#'.f."':;. i/li,:r:,w.,.., J >/-(LJ~'.;~~:\ -:.>?i:~' ~~~'f(/'(f1?~~,"':;,~~' . '. -: -.'J ' ': ~, fASSISTANT COMPTROl.('ER' I,~:",l".." :\;:-. r'.~)..:.I~~ ,~~ '/ -;I~';?"','~:~I}' -', :/", . :'~,~>" r:III'~ \}i~,!<1t~ ;i' FIRST-UNiON NATIONA'L BANK' :,'~~G~"'" AUGUSTA, GEORGIA , l ./ liB 0 a ] 7 a b 110 I: 0 b bOO 0 2 2 7 I: 2 0 aDo 0 0 7 0 2 a 7 b III ;, GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMlVIISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20,2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant~o.03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant ~o. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 GrantNo.03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant ~o. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EOUAL HOUSING ~ OPPORTUNITY L:.J 60 Executive Park Soutll, N.E.' Atlanta, Georgia 30329-2231' (404) 679-4940 www.dca.state.ga.us A.n Equal Opportunity Employer @ Recycled Paper Honorable Bob Young August 20,2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ~C).41~ Laura J. Meadows Commissioner uMlja Enclosures . f 03~/-L-3J @ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $50,000 in Local Assistance funds for Augusta-Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds for construction cost of The Theater in Augusta-Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers I. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, 0'~-~~. Laura J. Meadows Commissioner LJM/ja Enclosure cc: Richmond County Legislative Delegation EaUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY ATTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2l25 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: lWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: AUGUSTA MINI THEATER From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT Tms AGREEMENT, made and entered into this --1!i..- day of June, 2002, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and AUGUSTA MINI THEATER hereinafter referred to as the "ORGANIZATION"); WITNE S SE TH: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUSTA a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of $50,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZATION agrees to perforni the following services, which AUGUSTA has determined renders a substantial benefit to its citizens, to wit: To provide art programs and facilities. AUGUSTA has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: 1 r Police and fire protection; r Garbage and solid waste collection and disposal; r Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purification, and distribution of water; r Public housing; r Public transportation; rt/ Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUST A has agreed to provide the State with any information, documents and/or photographs that AUGUSTA, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or fmancial statement of AUGUSTA and any future audits or fmancial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUSTA documentation of Fund use or a copy of audited fmancial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved findings of AUGUSTA concerning expenditure of the Funds, whether based on an audit report, financial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying for or receiving any further grants or other funds from AUGUSTA, until such findings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUST A deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUST A the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. 9 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from alI sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. 9 50-18-70, et seq.). ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under 9 501 (c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article I, Section 2, Paragraph 7: ''No money shall ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of LaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as defined above. 10. AUGUST A may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of termination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. II. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be determined the Grant from the State to AUGUSTA is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUSTA any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as foIlows: AUGUSTA MINI THEATER c4V1~~~ttlf7 IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. AUGUSTA MINI THEATER ORGANIZATION ATTEST: Title: r.!. .fty: Lf'ATTESTM:A~ Sworn 0 and subsctjbed b~fore me this .l{l~day of ~vS\- ~'202. {'\ . f' ~( . ~~~.:>" No!ary Pubm ,;~-'; My 'C,?nurissio!lEJ<.P\res: '11'>>' D~~ a6b4 5 AUGUSTA-RICHMOND COUNTY COMMISSION JAMESB. WALL CITY ATIORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box 2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 F A.X No: (706) 722-5984 E-MAIL: JWALL@CO.RlCHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: AUGUSTA MINI THEATER From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis CC: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1 . Attached is Copy State Grant Documentation for U3-C-C-:3/ State Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. Nam~O)/.e. ':J,.R ~R- Telephone No. 7tJ b - 7.).) - D5'fS (Please print) ~ ~~9 Address tj 3 (/ ~ ~ 4sus-6j6A.-3 0 /hl-:L~~J . Page 1 , - , ... Grant No. 03-C-L-31 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1st day of July. 2002. by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and Augusta- I:tichmond County. a political subdivlsion of the State of Georgia (hereinafter referred to as the "Recipient"). WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of a.c.G.A. 850-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 $50.000 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 returned 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: $50.000 Within twenty days of the Department's receipt of the executed Agreement. $50.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. ~ Grant No. 03-C-L-31 Page 2 of 5 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. ~45-1O-20 through ~45-10-28 and O.C.G.A. ~36-67A-l through ~36-67A-6 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 Legally Binding Act. The Recipient certifies that it is duly organized. validly existing 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 a. Monitoring 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 fmdings 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 the Department, until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of O.C.G.A. ~36-81-8.1 with respect to the completion and submission to the State Aud\tor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of O.C.G.A. ~36-81-8.1 shalI result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 8. Open Meetinl!s. 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 .Agency 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. '. Grant No. 03-C-L-31 Page 3 of 5 11. Satisfaction. In the event the Department determines. in its sole discretion. that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) 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. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words' of the Constitution. "No money shall ever be taken from the public treasury. directly or indirectly. in aid of any church. sect, cult, or religious denomination or of any sectarian institution." Ga. Const.. Art. I. Sec. II. Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange. 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally. without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett. the Supreme Court indicated that "religious" connotes faith in God. 153 Ga. at 433. or. as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification. and imports an organization for religious purposes. for the public worship of God." 153 Ga. at 433. ':Sect". "cult" and "denomination" also relate to "a distinct organization." with "a common system of faith." "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization." but may also mean a "custom. practice. relationship. or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it. and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement 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. [Executions on following page] c';' Grant No. 03-C-L-31 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first WIitten above. FOR THE RECIPIENT ~7~{; rr By: Federal Employers ID Number: s~- '::>;;;LCJ 'i c:J7 t( , Attachments: Exhibit A, "Scope of Services" FOR THE DEPARfMENT OF COMMUNIlY AFFAIRS BY:~/:)~ Laura J. Meadows, com';r~r .. Grant No. 03-C-L-31 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County for constIuction cost of The Theater in Augusta-Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose. the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity. such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To iIlustrate. suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are iIlustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. Office of the Mayor Bob Young, Mayor Room 806/ Municipal Buildjng 530 Greene Street, Augustar GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1 , 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329 Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA TION .. . GRANT NO. AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. . 03-CL-15 $50,000 ARC Animal Control 0;3-CL-20 $15,000 Augusta Ballet 03-CL-887 $25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food' 03-CL-891 $10,000 Bank . Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum Master City 03-CL-894 $15,000 Southside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 . Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater 03-CL-13 $50,000 Shiloh Comm. Ctr. 03-CL-23 $5,000 Richmond Academy 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 :1 $5,000 Services CSRA Transitional Ctr. 03-CL-29 ~ $10,000 New Savannah Rd. 03-CL-30 ; $40,000 Social Services ; Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing . 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services I Augusta 03-CCCCL-22 $10,000 African/American. Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. GEORGIA DEPARTlVIENT OF COMl\lliNIT1t-r ~t\FFAIRS Laura Meadows COlVlMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following . Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 GrantNo.03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E.. Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us An Equal Opportlmiry Employer @ Recycled Paper STATE OF GEORGIA DEPARTMENT' OF COMMUNITY AFFAIRS, ATLANTA, GA, BANK. 1100-1000 GROSS AMOUNT 50,000.00' 25,000.00 50,000.00 35,000.00 25,000.00 15,000.00' 10,000.00 10,000.00 15,000.00 10,000.00 10,000.00, 5,000.00 10,000.00" 5,000.00' 5,000.00 5,000.00 10 000 00' 40:000:00 50,000.00' 15,000.00; 25:,000.00: . 25 000 00:: 30: 000 : 00, 10,000.00 30,000.00; 25,000.00: 15,000.00: 20,000.00 15,OOO.00r 15,000.00;, 25,000.00,. 15,000.00 Page 001 OF 001 Vendor No: 0000013727 Vendor Name: AUGUSTA/RICHMOND COUNTY INVOICE NUMBER 03-C-L-13 03-C-L-14, 03-C-L-15' 03-C-L-16' 03-C-L-17 03-C-L-18 03-C- L- 18.7' .03-C-L-19; 03-C-L-20 03-C-L-21 03-C-L-22 03-C-L-23 03-C-L-24, . 03-C-L-25 03-C-L-26: 03-C-L-27 03-C-L-29 03-C-L-30 03-C-L-31 03-C-L-886' 03-C-L-887' 03-C-L-1I88: 03-C-L-890' 03-C-L-89t. 03-C-L-892 03-C~L-893: 03-C-L-894, 03-C~L-895' 03-C-L-896. 03-C-L-897" 03-C-L-898. . 03-C-L-899'. INVOICE DATE 08/13/2002~ 08/13/2002 08/13/2002' 08/13/2002. 08/13/2002' 08/13/2002' 08/13/2002. 08/13/2002' 08/13/2002. 08/13/2002' 08/13/2002, 08/13/2002' 08/13/2002: 08/13/2002' 08/13/2002' 08/13/2002,' 08/13/2002' 08/13/2002' 08/13/2002, 08/13/2002~ 08/13/2002( 08/13/2002' 08/13/2002' 08/13/2002' 08/13/2002', 08/13/2002- 08/13/2002' 08/13/2002. 08/13/2002 08/13/2002, 08/13/2002:' 08/13/2002' 000041613 000041614: 000041616~ 000041617' 000041619' 000041621' . 000041601 000041624: 000041626;. 000041630 00004,1632' 000041635;' 000041636, 000041638;, 000041641' 000041583 000041585~ 000041587 000041599; 000041604: 000041606' 000041609! 000041620; 000041623. 000041627,' 00004163h' 000041634/. 00004163.7" , 000041640: 000041644: 000041647c 000041650; II '(- Check No: Check Date:. . Check T olal: ' , 0000058381' , 08/14/2002 $650,000.00' ') r' " .,1 . ~'.j ,....~....-,i~ ,::;.~~~ }~~~il~~'OE:GEO:~lt:~f' ~~,:\~ ;''i,.~;: ,.:~'" D-SrA'Rlr.~ciF CO"'MUNrlTf'f'i'>~fif[A,r' ,,~~ l"'" '.' .,1'/s:o.'.;;ex.ECUimF1J;E',; P'ARK' StltlT~N.~E;.:1 i~'t:;;,~ >'~~~: l#r~..; 'j ,i;"~";.w;'. 'AI~AI, Gj\>;3Q3U' '5'~ ~~?, .. ~ ~~ ,~~., :-......: -,~ :~:.....7;~:-?i!l4 ...~.. ''-,'~;.t ~.:~\. ....'.'.:.,...:~ q -.,Iot; ,d'""~ '" 1.\.-..... ..". 'lfi.~~I: . . ,Of.' .~ '.."..' . '. . ...:~;..~ L".'';~~", 'f,:~:\ ., '-...' )~,~.',. , , " .~,.~~~02 .,,""" , ." :.:;:,~ ," ;:'~'S~;;;N~6(,:" ' ~;~::x '~~~tD';;~'Ord.,,,''''''-~~\us,f,~/JRI~HNO':.~D..'''.::'COUNf~; J': '/'.: . <r;~,.. :;' """",",' ""3' 0" ""RE'ENE' "TR"'''T' "" , .. ',,~.e . ~f.t~.. t',,~ l.:I " . ~ ~.. ~~ . . '~':""~B;' .... \ .' ~~1$)i.?,:-<' ,...~~~' :~:,.W ~~~' :;:'!:,. pa~:ExacUY '$JiXrt;HtJNDR ED'~ F I FTy',~.;tHOUSAND' .A'NDi" OO/~1:0r> "-;':;':4~~~ ' :~~,. :., .~\ . -t.' '~':J , ~ . ' .'-,. ,lti;'\~~:~ f.:;::.r;.,.." " ~t}~ WACHOVIA B~K,;l'... ~'.. '. ", " ,...g....~ . ........ ..l'.':' : :. ~: . . ': ~~;' 0.00: 0.00. 0.00 0.00. 0.00 0.00' 0.00 0.00 0'.00. 0.00' 0.00'- 0.00" 0.00' '. 0.00.,' . 0.00:, 0.00.:, 0.00' 0.00 0.00',.' 0,.00:' 0..00; 0.00:: 0.00, .', . 0.00; " O~. 00: .0.00:.:'. o 00 . 0:00: ' 0'.00'" " 0..00: 0'.00: 0,00; AMOUNT PAID 50,000.00 25,000,.00 50,000.00 35,000'.00 25,000,.00 1 S ,000.00, 10,000..00. .' 10,000.00, 15,,000..00 10 000 00' 10: 000 :,00' S, 000 . 00; 10..000.00 5,000.00 5,000.00 5: 000 00" ' 10: 000: 00. 40,000.00: 50',000.00: 15, 000. OO~ ' 2=, OCO. Co.:. - 25,000.00: I 30 000 00' 10:: 000: 00: 30:,000.00" 25,000.00: 15,000.00; ') 20:,000..00: II 15',000.00 15,000.00: 25,000.00 1 15., 000.. OO~ I i ~ , i . I '! :: '': .~;: '. ~. . '.' : . . ',:": -. ,,..~;f..; . .. .~. ',. ;; .~~:: '" 1110000058 :38 l.1I1 1:0 b l.0000 .01: O? D.? I. b Sill . .;.L':-,: '-<-:;'-"~ " ......, .~ ::~l: :..... !I~.. :-.{;~t;'.~ ::l,'.., .,~. --- ......,'-.m j~l ,~i '1~1 :ll . . _. -".":' .;:.lj" Chac~cNo\ .: ~I ";':,"< "~":' V~rN;i~r:.QlJ00013727 ,-ijll , Jf- .r, ' ..t;~? "a,...'lf.W~: . ",~';;l",-,,,,,\,,, }:;;", , .1\<4'd >.<<<l.Y~Il.: ,a.....ti"'''" III . .1[.1 ~I $650,000.00 ]1 . "..'I ~! :',;j! ~~~1 .."gi ,.~~ ~~: iJ' '..l.~ ":. ,'.:-:J.J.l.-::..,~ .~......,n... .'~.;~~'; ..... - ...... ~ T'n elk ,~.f!"".,.."......... ~........ ';; ~~~,'~ rl,",. .0"1' 'Y' 1" ;'~ ;,.dI IL ,'~ i e e~' ,~w "-'[ :"" nil' ,. ,~,~ ~'"'u~ ">j ~~ cl ..I:. ~~ !:.g.. _ Iii U tt ~. ~ If t.i :1...1 n.:1: l~ ~,~ ~ ... ..J Lena J. 8o'lper.r cr"1C Clerk ,)f Commi~si0n Nancy !1I!oravlj<ski Deputy Ot:rk R(IO;;l 30G .- ML:n!cipa: Building 530 G~cer:e S~'12et., ,:l.u::;U~;T A, (:;1.. ]09U (706) 32.1...l82,j - i=AX (7,j6) 821.-1833 September 5,2002 Honorable Charles W. iNalkef, Senator Augusta-Richmond Legisiative Deiegation P.O. Box 1282 Augusta, Georgia 30903-1282 Dear Senator \^la!ker: As requested, enclosed are the foilowing 2003 DCA Local Assistance Grant Awards: AGENCY AMOUNT I Auqusta Mini Theater $50,000 I Auqusta Mini Theater $50,000 ! Southside Tutorial Proqram $20,000 , I Lucy C. Laney High School $15,000 Richmond Academy $25,000 Auqusta Ballet $25,000 Delta House $25,000 .., Golden Harvest Food Bank $10,000 Delta Leadership Traininq Proqram $30,000 Southside Tutorial Proqram $20,000 If I can be of further assistance, please feel free to call me at 706-821-1820. ~;UIY our , ~j. nner Clerk of Commission Enclosures: AUGUSTA-RICHMON'b COUNTY COMMISSION 083792 ',' '.:>:.'.:;',:'.:,">-:Yd..':, :.:DESCRI F?TI0Nl 'c.y::. "'}~.' .,:..;:.j . .:.',,:-.:-:.' ..,~:.:.,. '.~,y:.: ... .:S~ ""::P.O',. NUMBER.'''- i,;.INVO ICE;N UMB ER'''~ .......;. ::INVOICEAMOUNTi<({:l .;.,., .. ..-:.........::i;~ ~~;;: :'.~x.::.. d,,; ",,,N El?AM0 U NT,!;;','.:'" uOCAL ASSISTANCE GRANT AWARD 03CL13 5 0 , 00 0 0 0 0 0 0 50 / 0 0 0 0 0 uOCAL ASSISTANCE GRANT AWAR D 03CL3 1 50 , 000 0 0 0 0 0 50 I 00 0 00 CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 0 8 3 792 08 /30/ 02 10 0 / 00 0 00 0 . 0 0 10 0 / 00 0 00 . ,; <:7. ... ..:.;.- .':' p:~:<:,::::': '::"..'J:Z3Hj2~\;'~~: ,:" ;:'~: ..~::.. '~."'::-.' ,jCfTHI;., '~'~~N-~USTA;fJ;1IN~'1!'3iE.ff{+E~~~. ':#m'~f,', :/OR"DER:\ :}~.tJ ;";'''3':-n-i17STH'T'':,S' rr[R' 'EET:"'Ji' 1i!(,1~;r, :41, .J.', '''~'' _OJ, .....-1",: l"t.l""-~_~"':%", u;J.~, ~: J.:",',' ."1-,' i~', i'"~ry >~;j, OF l~";~ F:;;W j;i(,uuws T A"~ rl\GA il'Q '9 0 1)~,q ':';;~; ~f , A~~l.. '<~:~{;~1V !)./~ :~~!1tJ. '('~1j5:! ~.~t(Y.i~t{~J( ;i~l!~ F ""'. '," " .i;?'),f:):;f.,yi;~~,{,~tj";~' '~;/~::'::' .'? ;~~~. ~.~I@~~e;"..l1t.~~~1P~~,. ;egf :-;~{r:<;; 1:~ f~, '. ~ASSIS:r.t\NT COMPTROlLER.;,tiJ~ :l!'.;~r 0d?:_ j.%~ J }!;;Yi~Wb ...~~~7fi' ." :~..~t3i; ,,~~:;~*~$' :"-};';::"~~'_~ ~-',F:~~';:"i'c FIRST-UNION NA.TIONAtBANI<"''&J.;.\i'7 .' AUGUSTA, GEORGIA ., .' 1110 a :i 7 g 2111 I: 0 b 1, 000 2 2 7 I: 20 aDo 0 0 70 2 a 7 bill GEORGIA DEPARTlVIENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following . Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 GrantNo.03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EaUAL HOUSING ~ OPPORTUNITY L.:.J 60 Executive Park South, N.E. 0 Atlanta, Georgia 30:'\2:.1-22310 (404) 679-4940 www.dca.state.ga.us An Equal Opponunity Employer ~n ~ Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. ~C).;J(~ Laura J. Meadows Commissioner LJ1vitj a Enclosures "- "- >\ \ \ / yo.vet r~e<l. ()~-C-L-/}-- @ . GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 1,2002 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 80 I Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $50,000 in Local Assistance funds for Augusta-Richmond County has been included in the Fiscal Year 2003 State Budget. The attached contract when executed commits state funds for contract for services with the Augusta Mini Theater, Inc. in Augusta-Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contract. Should this grant fall into that category, I again urge that you or your attorney carefuIlY,review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. Please note that your Federal Employers I. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, cX'~-.- ~. Laura J. Meadows Commissioner LJM/ja Enclosure cc: Richmond County Legislative Delegation EaUAL HOUSING ~ OPPORTUNITY L.:.J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this K day of June, 2002, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and AUGUSTA MINI THEATER hereinafter referred to as the "ORGANIZA TION"); WITNESSETH: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUST A a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUST A deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of $50,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the ORGANIZA nON agrees to perform the following services, which AUGUST A has determined renders a substantial benefit to its citizens, to wit: To provide for construction cost for the provision of art programs and facilities. AUGUSTA has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not linlited to the following: 1 r Police and fire protection; r Garbage and solid waste collection and disposal; r Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; r Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; r Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; r Development, storage, treatment, purification, and distribution of water; r Public housing; r Public transportation; w/ Libraries, archives, and arts and sciences programs and facilities; r Terminal and dock facilities and parking facilities; r Codes, including building, housing, plumbing, and electrical codes; or r Air quality control 3. ORGANIZATION further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with the State of Georgia, it is acknowledged that upon request AUGUST A has agreed to provide the State with any information, documents and/or photographs that AUGUSTA, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records and accounts reflecting its administration of the 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 AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or fmancial statement of AUGUSTA and any future audits or financial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUST A documentation of Fund use or a copy of audited financial statements until all expenditures of 2 the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved fmdings of AUGUSTA concerning expenditure of the Funds, whether based on an audit report, financial statement, project completion report of independent investigation of AUGUST A, shall preclude the ORGANIZA nON from applying for or receiving any further grants or other funds from AUGUSTA, until such findings are resolved to the satisfaction of AUGUSTA. 4. The ORGANIZATION shall hold harmless and indemnify AUGUSTA, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this Agreement, AUGUST A has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION. 5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's performance thereunder. 6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. S 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. S 50-18-70, et seq.). ORGANIZATION shaIl cooperate fuIly in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under S 501 (c) of the Internal Revenue Code. 8. ORGANIZATION acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: ''No money shaIl ever be taken from the public treasury, 3 directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of La Grange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] AUGUSTA may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. ORGANIZATION certifies that AUGUSTA has made inquiry of ORGANIZATION as to whether it is "organized out of belief in God or other supernatural beings" and ORGANIZATION hereby certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as dermed above. 10. AUGUST A may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. If at the time of termination, any funds under this Agreement have not been disbursed to the ORGANIZATION, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZATION agrees that this Agreement shall terminate should it be determined the Grant from the State to AUGUSTA is in violation of any law or be declared invalid for any reason, and ORGANIZATION shall refund or reimburse to AUGUSTA any monies paid pursuant to this Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION 4 shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail (with return receipt requested) addressed as follows: AUGUSTA MINI THEATER k;~~f;-E3 Ojbl-.1J-,(9 IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year fIrst above written. ATTEST: Title: ATTEST: AUGUSTA MINI THEATER ORGANIZATION c;:Jy: Q, Notary PubQ My Commission ExPire4- lJ.oh- ~c.. aoo ~ "" ,r --::..... .....~ -.....,....~ ?- - , -; ,3 \. > ~ .". ~'X ~-- 1 ... 5 AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY A TIORNEY LEE BEARD TOMMY BoYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, In STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: AUGUSTA MINI THEATER From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Cornrnissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies ofthe contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. 9' Grant No. 03-C-L-13 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1 sl day of July, 2002, 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") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, 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 WHEREAS, the Department is authorized by the provisions of a.c.G.A. 950-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, 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 Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient,- and the Recipient hereby accepts, an amount not to exceed $50.000 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 confonnance 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 returned 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 folIowing payment schedule: $50,000 Within twenty days of the Department's receipt of the executed Agreement. $50,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. Grant No. 03-C-L-13 Page 2 of 5 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. [345-10-20 through [345-10-28 and O.C.G.A. [336-67A-1 through [336-67A-6 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 Binding Act. The Recipient certifies that it is duly organized. validly existing 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 \vith all applicable laws to make this Agreement and actions hereunder valid. enforceable and legally binding acts of the Recipient. 7 a. Monitoring 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. shalI preclude the Recipient from applying for or receiving any further grants or other funds from the Department, until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of O.C.G.A. [336-81-8.1 with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements. of O.C.G.A. [336-81-8.1 shall res~lt in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 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 Agencv 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 ternlination. any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. '\ , Grant No. 03-C-L-13 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a omely manner; (ii) has failed to complete all or a portion of the acoons .required under the Agreement; (Hi) 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, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. 1, Sec. 11, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" cortnotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. TIle American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement 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. [Executions on following page] . " Grant No. 03-C-L-13 Page 4 of 5 IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT By: ~!~(f Mayor 4 . c;J Federal Employers ID Number: 5"'8'- :J;;JC L/~:IY Attachments: Exhibit A, "Scope of Services" FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS By: ~~M~~er j- Grant No. 03-C-L-13 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County to contract for services with the Augusta Mini Theater, Inc. in Augusta-Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient \vith a substantial benefit. . . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. AUGUSTA-RICHMOND COUNTY COMMISSION JAMES B. WALL CITY ATTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BoBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOUNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@CO.RICHMOND.GA.US GEORGE R. KOLB Administrator RICHARD L. COLCLOUGH Mayor Pro Tern MEMORANDUM To: AUGUSTA MINI THEATER From: Jim Wall Date: July 26, 2002 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. Also, the State is requiring that the City audit address all grant funds. Therefore, please note the language included in paragraph 3. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. Office of the Mayor Bob Young, Mayor Room 806/ Municipal Buildjng 530 Greene Street, Augustar GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us August 1, 2002 Honorable Laura Meadows Georgia Department of Community Affairs 60 Executive Park South, N.E. Atlanta, Georgia 30329, Dear Commissioner Meadows: Enclosed are executed DCA Agreements for the following fiscal year 2003 for Augusta- Richmond County grant recipients: ORGANIZA TION .. ' GRANT NO. AMOUNT Richmond County 03-CL-886 $15,000 Marshal's Dept. Augusta-Richmond Co. ' 03-CL-15 $50,000 ARC Animal Control 03-CL-20 $15,000 Augusta Ballet 03-CL-887 $25,000 Delta Leadership 03-CL-892 $30,000 Golden Harvest Food 03-CL-891 $10,000 Bank Southeastern Firefighters 03-CL-890 $30,000 National Legacy 03-CL-889 $25,000 Foundation Delta House/Laney 03-CL-888 $25,000 Museum Master City 03-CL-894 $15,000 Squthside Tutorial 03-CL-895 $20,000 Barton Village Assoc. 03-CL-21 $10,000 Augusta Museum 03-CL-18 $15,000 Rachel Longstreet 03-CL-17 $25,000 Rachel Longstreet 03-CL-898 $25,000 ' Harrisburg Westend 03-CL-16 $35,000 Augusta Players 03-CL-14 $25,000 Augusta Mini Theater . 03-CL-13 $50,000 Shiloh Co:nm. Ctr. 03-CL-23 $5,000 Richmond .~,cademy 03-CL-893 $25,000 Beulah Grove Resources 03-CL-24 $10,000 ARC Opportunities 03-CL-25 $5,000 Augusta Neighborhood 03-CL-26 $5,000 Improvement, Inc. Lucy C. Laney 03-CL-27 $5,000 Good Hope Social 03-CL-28 $5,000 Services CSRA Transitional Ctr. 03-CL-29 $10,000 New Savannah Rd. 03-CL-30 $40,000 Social Services Augusta Mini Theater 03-CL-31 $50,000 Southeastern Firefighters 03-CL-187 $10,000 Lucy. C. Laney 03-CL-899 $15,000 Augusta Boxing 03-CL-897 $15,000 West Augusta Little 03-CL-896 $15,000 League Beyond The Ark 03-CL-19 $10,000 Outreach Services Augusta 03-CCCCL-22 $10,000 African/American. Historical Community As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, GEORGIA DEPARTlVlENT OF COMNIUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following , Local Assistance Grants: Grant No. Q3-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L..897 Grant No. 03-C-L-898 Grant No. 03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. . Atlanta, Georgia 30329..2231. (404) 679-4940 www.dca.state.ga.us An Equal Oppomllliry Employer @ Recycled Paper Page 001 OF 001 Vandor No: 0000013727 Vandor Nema: AUGUSTA/R ICHMOND C,OUNTY INVOICE NUMBER 03-C-L-13 03-C-L-14 03-C-L-15 03-C-L-16' 03-C-L-17' 03-C-L-18 03-C-L-18," . 03-C-L-1 9' 03-C-L-20 03-C-L-21 03-C-L-22 03-C-L-23 03-C-L-24, 03-C-L-25 03-C-L-26' 03-C-L-27 03-C-L-29 03-C-L-30 03-C-L-31 03-C-L-886' 03-C-L-88'r 03-C- L - 888,' 03-C-L-890' 03-C-L-89t 03-C-L-892' 03-C-L-893c :03-C-L-894, 03-C-L-895' 03-C-L-896. 03-C-L-897' 03-C-L-898, ,03-C-L-899' STATE OF GEORGIA DEPARTMENT OF COMMUNIT~ AFFAIR~ Check No:. , '. Check Date:; -' Check Total c. ' 0000053381 08/14/2002. ',$650,000.00, 000041613, 000041614:- 000041616~. 00004161:7 000041619 000041621 000041601 000041624; 000041626:" ,. 000041630' ' 000041632: 000041635: 000041636, 000041638i. 000041641 000041583 000041585: 000041587, 000041599: 000041604: 000041606' 000041609' 000041620: 000041623: 000041627' 00004163 L .: 00004163'41 '. 00004163,7'" 000041640:' 000041644: 00004164.7:- 000041650;, ATLANTA, GA BANK, 1100-1000 GROSS AMOUNT 50,000.00' 25,000.00, 50,000.00 35,000,00 25,000.00 15,000.00 10,000.00 10,000.00 15,000.00 10,000.00 10,000.00, 5,000,00 10 000 00' 5:000:00 5,000.00' 5,000.00 10,000.00 40,000.00, . 50,000.00' 15,000.00: 25,000,00: , 25,000.00 30,000.00 10,000.00 30 , 000 . 00: 25,000.00 15',000.00: 20,000.00 15,000,00' 15,000.00: 25,000: 00, 15,000.00 t: ,:~. '. '~ . 08/13/2002' 08/13/2002 08/13/2002' 08/13/2002 08/13/2002: 08/13/2002 08/13/2002, 08/13/2002 08/13/2002 08/13/2002' 08/13/2002: 08/13/2002'. 08/13/2002: 08/13/2002' 08/13/2002', 08/13/2002. 08/13/2002 08/13/2002, 08/13/2002: 08/13/2002' 08/13/2002' 08/13/2002' 08/13/2002' 08/13/2002' 08/13/2002' 08/13/2002' 08/13/2002 08/13/2002 08/13/2002 08/13/2002 08/13/2002' 08/13/2002" DISCOUNT TAKEN AMOUNT PAID 50,000.00 25,000,00 50,000,00' 35 000 00' 25:000:00 15,000.00 10,000..00, , , 10,000,00. 15,000,.00 10,000.00' 10,000..00: 5,000.00 10,000'..00 5',000,00 5,000.00 5:,000,.00' , 10,000.00 40,000.00: 50,000.00: 15,000.00' 2!: ,000 . Co:. ' ' 25:, 000 , 00: 30,000.00' 10:,000.00' 30,000.00, 25,000,.00': 15,000,00; 20:,000.00 15',000.00, 15',000.00: 25 000 00: 15.: 000:: 00' 0.00. 0.00 0.00 0.00 0.00, 0,00' 0.00 ' 0.00. 0,00, 0.00' 0.00: , 0.00- 0'.00 . " 0.00, ' 0.00 .. 0.00.' ,: 0.00;" . 0.00 '" O.OOi ' 0.00: 0,.00: 0.00:: 0.00 ,_ 0.00: . 0',00:, . ,0.00.: . ,0.00 :' 0.00; 0',00' '",.. 0.00> ' 0.00: 0,00: '.' :'. $01t :~~( .~ :':~,~;,:' 4 ,.. ....\..... ',...' ......-i~ ,~ " ']1 '~ ..'~l. 'itl ':11 ',~! ;},~1~~ ,;. iH 11472002 " , ChltCkOata', :., '.! . ~ . ,,( y,;; " ..:.~~-, .' P-~y lotlie,Orde :AllJGUS,TA\iR I CHMOND~'COU~TY,' ~~.);"?39.:' GR,EENE. S.TREET" ' '\t;~""W~" \:: (", ,j?' Pay Elc~ctly ~~~~NDRED;, F I F:Y~:';~H,OUSAND' Ii WACIjOVIA e:~1l<\~( J~ '.~". .'...o:I'~<;'::'-.:<'J.'i::' :~~1~~:;:~ ,:' ...~;;1t~lt+f~ '.' .~~':,>~'. :.5~~pe .' .t""~,:p. il... "[.::\{8'~,, " <l' -::? .,.':'!..JV.ll.-tntn~ i"~' "-'," 1110000058 :i8 1.111 1:0 b 1.0000 1.01: O? 0 l.? ~ b Sill ,o,~.;,;:'~~;.....- , '~T'h CI '~.-. ,;(; .If"'_,-"._,~.rar>'~"""r:' "! ,,~-; :lod 1["Th~ r . e ~~::.il" om- a. cT :'It n ~,,' ,~,~ ~,.....li', '> .i l:.I ..l.O~~ ~. ~.\i \fib.. E ~"l'~" tJ tf ~..I ".:t:'~~r.~, ..i Lena J. BO.lper t cr"!c ClErk ,jf :or:1mi~jcf! l\~ancJ !"'~l)ravv'Ski Deputy Ch~rk R(,om 3()()- M~I-,jcipai oiJil.jing 5.30 G~cene SjT2et.. i~u::;U~;T A, (:;~. 309 n {70S} S21...132'j - r=AX (7')6) 821.-1823 September 5, 2002 Honorcble Charles \N. iNalker, Senator Augusta-Richmond Legisiative Deiegation P.O. Box 1282 Augusta, Georgia 30903-1282 Dear Senator VVa!ker: As requested, enclosed are the foilowing 2003 DCA Local Assistance Grant Awards: AGENCY AMOUNT I Auqusta Mini Theater $50,000 I ! Auausta Mini Theater $50,000 ! Southside Tutorial Proqram $20,000 I Lucy C. Laney Hiqh School $15,000 Richmond Academy $25,000 Auqusta Ballet $25,000 Delta House $25,000 .. Golden Harvest Food Bank $10,000 Delta Leadership Traininq Proqram $30,000 Southside Tutorial Proqram $20,000 If I can be of further assistance, please feel free to call me at 706-821-1820. ~;UIY our , t'~rj. nner Clerk of Commission Enclosures: AUGUSTA..RIE;HMOND COUNTY COMMISSION 083792 > ;.~"",.,. DESCRIPTION "":,,, " :.. .'",',' . t,. ": '~'. P.O: NUMBER,: ..INVOICENUMBER , l" 'INVOICE,AMOUNTc .';?,t:';" ::!:::-:~~:/..{.: ....,..:., :': ":,.~:j ~;.> ':"""" ",',>c)NETAMOUNT'. '-,. ......... IUOCAL ASSISTANCE GRANT AWAF D 03CL13 50, 000 00 0 00 50 , 000 00 l.JOCAL ASSISTANCE GRANT AWAF D 03CL31 50, 000 00 0 00 50 , 000 00 CHECK NUMBER CHECK DATE TOTA INVOICES DISC TOTAL CHECK TOTAL 083792 08/30/02 100 , 000 00 0 00 100, 000 00 .0 II' , " "11 :. i:: "~.<<OG,lJ:SYA:~RiCH M o~D COONTY _' c'" -,-' ",~()MMISSJPN, -V~,:,'if:~, ':":;c'/~:ROq~;~05~'~CCOUNTlNG';!:lEPA~~N1E~;n!:;:J ' , -,::.:>, >i__>530,GREEf'tE STRI::ET'i\:ll: ;;~"!III~- _ ," ,~~~' ~'~,l!G~Si1'A,G_~9RGI~~~~,~!:i . - .i~-, ,\ PHONE.(!06) 821-2334~,;1~ ~~__~:.:~:~.;t ~~,,'~'i': ~~-~~?~::~:'Yf~i~~Y " I~,;I!I~I:~\' 0' :~llll , . t' I 00' ~l"~:~':'.; ~:;rpf'~,lllIl .. 0 I~~~..jll'~'t' -.,....:.,- "'~__",,"".-~':',",Y- :"k~;'> ~ 610 ~'I '-.,! .' ~'4'-' * * -kcj<,* * 'A'i*-* ***,:*,* * **'.*-"*,'*,"** ***:*i**"'f':ic-* 'l:t:1<*-~ '* -Jfi~i*:*i:*i$~10 0 0 OOANBNOQEN\TSi:':;:?i~,i~hl'. ' "'~~;~fJ jjl ,;=~c::!:?".~_"~~~, :;!~~-;:._~f__:~Fr,~_~-;;~ 1 ~ ~.,~t . ~~~; ~I '; '~1~'l,'" ~ ",' ,,'~i~"i,l: ~',~I:,';'~('.tl~:I>;)' .~li:~:~/;",~~~ /::,l:-<':J,;j".'.'-:~-::'~{J{~':' '~:;"":'!'> l~/:IIL .:~ fill::" ':I~llt~lllh T~."~~~k;tC~.,~ M~;';'1:~.~-j- 7). ~_;~. ..-/-~~-J.of ,,,..,' ;'___. "~,\::I,~~,:,, ,)1 ~:~~~llllr ,rl! :~,4 (:~IIIl!I,." ,11~~<1,,1,. ," ,,1 ':l,i~ ,.i I- ,I)".... ' .J.!~- L_ci -?~"'Ji "", _,'Oil ;'''</'7' -', \ I "IL_.. I,~f,:',~ I .' ';1III'~l' ,,'':',;~}; """'(-:"'11",,""': ~i'''',,\ /;Li''; *. ,"".~.~~#,!., .. ",~.= '~- ~~..~ .~T~~j~~~ ':'~ ~ _, '~' .'" ~~ If.... ";j!--' ,;I,'~ ~'ll-t'~411~~"",""J-lr '~1';2'~".'1:.'r-.,\!~.r- Idlt;.J~II',. ,~~W.I.' -~f1T~""" T'--~~ :-~ ,:~.k -i9 ... "- '. r-J "h~~'" ,,'" :,j-""l" ';r r4",'11,,:,'_'1' J'",'I. .t;l~~',"","" , ' '1~,,~11 '''''~.g' .ce,,'" _c..,~""'. 'o"O"~' ~"'/'''";1,,'' '"i,f,.' ",_, -"i':>I'1.'VOID'PiF.?liE~sODA:t ,"., ~!..::;~ . ~-'-i~f: '-~~~].-, ,;:;'IJ';:;'~:I' !.t 'Ip hj~~';~." ~~,~""'J:IU~"':':l~'~" ~;:..f!,";<:</" ,.~j,l"",,' ,_I '.... ~:~~""', PAY , JO THE, ORDER ',OF," . 23.72 AUGUSTA-MINI THEATER?\ ."4:J6- -8TH ~'TREET ::{1~\ r <:. AUGUSTA ~ :G.A 309011 '1 ;.i"'. ~: ,:", ~f -=, ..),.I.'F,1 re I. ~ ' . *t~~~ 'z~'~;_ , .-. .:.-:....,1 ....'f. <, ,.~l'4'''':: :'-;.l ''''~I&- ., 'I'-'I~ J63"'C"'",I, 6iO.'t'~'"I"" 1'''''61"'; ,t'I~;:\",_ 'I "'''.~ .., . I' ."'11 ' .. I. ...... ~'"""""I~' ~ .:~~."'~~'ra', ".,:/.' ," ,'I,,' I / ~...,fl'~~~<. I~~'~L , _ ~. , " "' 'j r, . I _ '~SSISTANT COM~TROq.E~ i.,' "i/,! ,'),,,, 1, ~~. '.l~, "" ~!~~ .~ ,;~J"I;':'~ . _ ::,; i; ,:r:- I ~'~,~I ;',' 1~; 1,1 ..l ~ 11"'/ i FIRST'UNIC)N NATIoNAl' B.4;NK ,.1.>;..::;_ i AUGUSTA, GEORGIA. ) ., {I -v," - .' i, ..:; III 0 B J 7 ~ 2111 I: 0 b 1. 0 0 0 2 2 7 I: 2 0 BODO 0 7 0 2 B 7 bill GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: August 20, 2002 Roy E. Barnes GOVERNOR Enclosed is a check in the amount of $650,000 representing payment for the following , Local Assistance Grants: Grant No. 03-C-L-13 Grant No. 03-C-L-14 Grant No. 03-C-L-15 Grant No. 03-C-L-16 Grant No. 03-C-L-17 Grant No. 03-C-L-18 Grant No. 03-C-L-19 Grant No. 03-C-L-20 Grant No. 03-C-L-21 Grant No. 03-C-L-22 Grant No. 03-C-L-23 Grant No. 03-C-L-24 Grant No. 03-C-L-25 Grant No. 03-C-L-26 Grant No. 03-C-L-27 Grant No. 03-C-L-29 $50,000 $25,000 $50,000 $35,000 $25,000 $15,000 $10,000 $15,000 $10,000 $10,000 $ 5,000 $10,000 $ 5,000 $ 5,000 $ 5,000 $10,000 Grant No. 03-C-L-30 Grant No. 03-C-L-31 Grant No. 03-C-L-187 Grant No. 03-C-L-886 Grant No. 03-C-L-887 Grant No. 03-C-L-888 Grant No. 03-C-L-890 Grant No. 03-C-L-891 Grant No. 03-C-L-892 Grant No. 03-C-L-893 Grant No. 03-C-L-894 Grant No. 03-C-L-895 Grant No. 03-C-L-896 Grant No. 03-C-L-897 Grant No. 03-C-L-898 GrantNo.03-C-L-899 Also enclosed are copies of the executed contracts for your files. $40,000 $50,000 $10,000 $15,000 $25,000 $25,000 $30,000 $10,000 $30,000 $25,000 $15,000 $20,000 $15,000 $15,000 $25,000 $15,000 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park Soutb, N.E, · Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us An Equal,Opponunity Employer @ Recycled Paper Honorable Bob Young August 20, 2002 Page 2 I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. uMlja Enclosures ~C).;J!~ Laura J. Meadows Commissioner Augusta-Richmond County Finance Department Memo To: State Grant Recipient From: AI Denis CC: David Persaud, Tammy Strange Date: 08/07/02 Re: Attached Grant Documentation 1 . Attached is Copy State Grant Documentation for ~-L -I" State Grant. 2. Within 90 days of receipt of state funds, you will be prepared to provide appropriate invoices for the project identified by this grant, on demand of this department. If you will be audited by an external auditor, a copy of the audit report would be accepted in place of a review of invoices by this department. 3. This office will contact you for an appointment for a review of invoices, please provide a point of contact below with a telephone number that he/she may be reached. N4&'c :::). J3vlfe~ Telephone No. '7of-i.J.J-o,5Y;? (Please print) ~ ~~~1v~ b'A.3C;1ol---;nC['9 . Page 1