HomeMy WebLinkAboutScout Reach Program
Augusta Richmond GA
DOCUMENT NAME: SCO~\- ~~O-c-h V'r~~VV'\
DOCUMENT TYPE:
YEAR: 'L-ct:) L.--
BOX NUMBER: \ ~
FILE NUMBER: \ 55~O
NUMBER OF PAGES:
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Office of the Mayor
J
Bob Young, Mayor
Room 806, Municipal Building
530 Greene Street, Augusta, GA 30911
(706) 821-1831 - FAX (706) 821-1835
E-mail: mayoryoung@co.richmond.ga.us
February 11,2002
Honorable Laura J. Meadows, Commissioner
Georgia Department of Community Affairs
60 Executive Park South, NE
Atlanta, Georgia 30329-2231
Dear Commissioner Meadows:
Enclosed is the following executed Emergency Fund grant contract awarded to the Scout Reach
Program as approved by Governor Barnes.
Organization
Scout Reach Program
Grant Award
$5,000
Purpose
Program expenses
As always, we appreciate the Governor's support of our community based programs and the
Department of Community Affair's continued assistance in the administration of Augusta's grant
awards.
.. Bob Young
Mayor
-;
=-==<.~<. ~~. ...2~1~~~=.
GEORGIA DEPARTMENT OF ~ ,r,;t~~;;;{{(,':tn~D
COMMUNITY AFFAIRS \ JAN 1 5 20PA.-
Laura Meadows
COMMISSIONER
, "
~ fr,j!~:;~T~-R:C:f~rl,~!} cnUNn' C~~!rl~~t{!~~, 1
. "'RoyE:ifa;~e~'"
GOVERNOR
December 31, 2001
Honorable Bob Young
Mayor, Augusta-Richmond County
530 Greene Street, Room 801
Augusta, Georgia 30911
Dear Mayor Young:
Governor Barnes has approved an Emergency Fund grant in the amount
of $5,000 to Augusta-Richmond County for program expenses for the Scout
Reach Program.
Enclosed are two copies of a contract that must be executed by you and
returned to me. Upon receipt, we will promptly issue a check and return a fully
executed copy of the contract to you.
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.
If you have any questions concerning this grant, please call me. On behalf
of Governor Barnes, we are delighted to assist you and your citizens in
improving community services.
6.,p.
LJIVI/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. GEF-02-E04-103
STATE OF GEORGIA
COUNTY OF DEKALB
STATE OF GEORGIA
DEPARTMENT OF COMMUNITY AFFAIRS
AGREEMENT FOR GRANTING OF STATE FUNDS
THIS AGREEMENT entered into this 31st day of December. 2001. 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 intb 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 expend~d 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
";
Grant No. GEF -02-E04-103
Page 2 of 5
4. 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.' 945-1p-20
through 845-10-28 and O.C.G.A. 936-67A(1) through 836-67A(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.
5. 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.
6. 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. Open Meeting: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.
8. 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.
9. . 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.
10. Satisfaction. In the event tl1e 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 disburse~ under this Agreement. upon request.
Grant No. GEF-02-E04-103
Page 3 of 5
11. 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. n. Par. V1I. 1
(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 iinports 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.
12. Entire Agreement. This Agreement constitutes the' entire agreement among and
between' the parties. There are no representations. orai or otherwise. other than those expressly set
forth herein. No amendment or modification of this Agreemeht shall be binding unless both parties
have agreed to said modification in writing.
[Executions on following page]
Grant No. GEF-02-E04-103
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first
written above.
FOR THE RECIPIENT
cfY
Gt-r
/
Mayor
Federal Employers 1. D. Number:
5g-):l.tYI:?7{
Attachments: Exhibit A. "Scope of Services"
FOR THE DEPARTMENT OF COMMUNITI AFFAIRS
By:
Laura J. Meadows. Commissioner
Grant No. GEF-02-E04-103
Page 5 of 5
EXHIBIT A
The Governor's Emergency Fund Grant shall be used by Augusta-Richmond County for
program expenses for the Scout Reach Program.
. 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 appropliate 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
MElVIORAND {,T1\'1
TO: Ms. Donna Williams, Interim Finance Director
FROM: Lena J. Bonner, Clerk of Commission
DATE: March 11,2002
SUBJECT: Governor's Emergency Fund Grant Award
Enclosed is a check in the amount of $5,000 from the Department of Community Affairs
representing a grant award to the Boy Scouts of America Reach Program from the above
referenced fund. Please issue an Augusta-Richmond County check to the organization.
Enclosure:
Office of The IClerk of Commission
March 18,2002
Mr. Ted Johnson
Boy Scouts of America
1804 Gordon Highway
Augusta, GA. 30904
Dear Mr. Johnson:
Lena j, Bonner, CMC
Clerk of Commission
Room 806 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
(706) 821-1820 - FAX (706) 821-1838
Nancy Morawski
Deputy Clerk
Enclosed is a check in the amount of $5,000 representing full payment of your grant award from
the Governor's Emergency Fund.
If I can be of further assistance, please let me know.
Enclosure:
AUGUSTA-RICHMOND COUNTY COMMISSION
072980
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CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
0 7 2 9 8 0 0 3 / 1 5 / 0 2 5 , 0 0 0 0 0 0 0 0 5 1 0 0 0 0 0
11107 2 g8oll1 .:0 b ~ooo 2 27.: 208000070 287 bill
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GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Laura Meadows
COMMISSIONER
Roy E. Barnes
GOVERNOR
March 7, 2002
Honorable Bob Young
Mayor, Augusta-Richmond County
530 Greene Street, Room 30 L
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is the Governor's Emergency Fund check in the amount of $5,000 to
Augusta-Richmond County for program expenses for the Scout Reach Program. Also
enclosed is a copy of the executed contract for your fi les.
Please also be aware that as the recipient of a Governor's Emergency Fund grant,
you are now required under a new lavv 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.
I am pleased that we were able to assist you with the funds provided.
cr;:als 1~
Commissioner
LJM/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
o
"
Grant No. GEF-02-E04-103
STATE OF GEORGIA
, COUNTY OF DEKALB
STATE OF GEORGIA
DEPARTMENT OF COMMUNITY AFFAIRS
AGREEMENT FOR GRANTING .oF STATE FUNDS
THIS AGREEMENT entered into this 31st day of December. 2001. by and between the
Department of Community Affairs ()f 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 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. 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 expepded 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
"
"
/'
Grant No. GEF-02-E04-103
Page 2 of 5
4. 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 845-10-28 and O.C.G.A. 936~67 A(l) through 836..67 A(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 orthe Recipient have certified the same,
5. 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 assLII'ne 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.
6. 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 nex't 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 cOInpletion 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. 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.
8. No Agencv or Partnership. Nothing herein nor any actions of the parties hereto or U1eir
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.
9. 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.
10. . 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. GEF-02-E04-103
Page, 3 of 5
11. 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 religioLis denomination or of any sectarian institution." Ga. Const.,
Art. l. Sec. ll, Par. VlI. 1
(b). The "Sectarian Aid" clause prohibits the performance of a public function through a
contract for services by a religious organization. Bennett u. 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 meaniIlgs. 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.
12. Entire Agreement. 'nlis 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. GEF-02-E04-103
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first
written above.
FOR THE REC1PIENT
cry
Federal Employers I. D. Number:
5 '6-b?Rtl!<x7Y
Attachments: Exhibit A. "Scope of Services"
FOR THE DEPARTMENT OF COMMUN1TY AFFAIRS
'-/
..
/
Grant No. GEF-02-E04-103
Page 5 of 5
EXHIBIT A
The Governor's Emergency Fund Grant shall be used by Augusta-Richmond County for
program expenses for the Scout Reach Program.
. 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.
~
"
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il
11
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I'
.
"
,
OfficE~ of the Mayor
Bob Young, Mayor
Room 806, Municipal Building
530 Greene Street, Augusta, GA 30911
(706) 821-1831 - FAX (706) 821-1835
E-mail: mayoryoung@co.richmond.ga.us
February 11,2002
r"';-;-~~-';-_. --:-; -..':";=:- --~;
r t.~ _1 f (~UlJ
---------.
Honorable Laura J. Meadows, Commissioner
Georgia Department of Community Affairs
60 Executive Park South, NE
Atlanta, Georgia 30329-2231
Dear Commissioner Meadows:
Enclosed is the following executed Emergency Fund grant contract awarded to the Scout Reach
Program as approved by Governor Barnes.
r- Organization
I Scout Reach Program
Grant Award
$5,000
Purpose
Program expenses
As always, we appreciate the Governor's support of our community based programs and the
Department of Community Affair's continued assistance in the administration of Augusta's grant
awards.
, Bob Young
Mayor
~.
STATE OF GEORGIA GRANT CERTIFICATION FORNI
. ~.. -
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 copy 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 form should be used for
each 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 govemment'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 perform an
audit or perform 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 form and the accompanying Independent Accountant's Report is required to be filed with the
state auditor in conjunction with the arumal 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 C~ERTIFICATION FORJ.'\1
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A Local Govemmen:
B Information For Year Ended
,
C State Awarding 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
Reco gnized
J Grant Disbursements or
Expenditures
K Balance - Current Year (Cash
or Accrued or Deferred
Revenue)
(Line H + Line I - Line J)
Certification of Local Government Officials
L 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
.
'.
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/ndeDendent 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 resp?nsible for [name of governmentl's compliance with this requirement. Our
responsibility is to 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. Ow- examination does not provide a legal
determination on [name of government]' 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 end;~d [date] is fairly stated, in all material
respects.
a-
Office of The C;lerk of Commfission
Lena J. Bonner, CMC
Clerk of Commission
Nancy Morawski
Deputy Clerk
Room 806 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
(7U6) 821-1820 - FAX (706) 821-1838
MEMORANDUM
TO: Ms. Donna Williams, Interim Comptroller
FROM: Lena J. Bonner, Clerk of Commission
DATE: March 8,2002
SUBJECT: Department of Community Affairs Local Assistance Grant Award
Attached is a check in the amount of $2,500.00 from the Department of Community
Affairs. Please issue an Augusta Richmond County check to the following Local
Assistance Grant recipient, which was approved by the Augusta Commission August 27,
1999:
GRANT NUMBER ORGANIZATION GRANT AMOUNT
No. 00-C-L-330 Augusta Richmond $2,500.00
County Fire Rescue Safety
House
As always, thank you for your assistance.
Enclosure: Check
---
Office of The (:Ierk of Commission
Lena t 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: Chief Carl Scott, Augusta Fire Department
FROM: Lena J. Bonner, Clerk of Commission
DATE: March 18, 2002
SUBJECT: Grant Check
Enclosed is your fmal payment under Local Assistance Grant No. 00-C-L-330 in the amount of
$2,500 for Augusta-Richmond County Fire Rescue Safety House. If I can be of further
assistance, please let me know.
Enclosure:
AUGUSTA-RICHMOND COUNTY COMMISSION
072946
'.:~~::).::.::'::: "', .""':>:\::OESCRIPTION:,\?':}'::' .. ~/.;:,:,.;-_..,-. . P,O,.NUMBER:: ?dNVOICENUMBER{'.:'. 'i':.:': INVOICE"AMOUNEf:::':' '.-'~ ::.'::,:,:'NETAMOUNP:::.i'"
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LOCAL ASS I STANCE GRANT 0 OCL3 3 0 2 I 5 0 0 0 0 0 0 0 2 , 5 0 0 0 0
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CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
0 7 2 94 6 03 / 1 5 / 02 2 , 5 0 0 0 0 0 0 0 2 5 0 0 0 0
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11107 2 g... bill 1:0 b ~OOO 2 271: 208000070 287 bllD
Paga 001 OF 001
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Vandor Nama; AUGUST A -,R ICH"'OND~ COUNT,y
STATE OF GEOFiGIA
D~PART"'ENT OF CO"''''UNITYAFF~lRS
GROSS
AMOUNT
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GEORGIA DEPARTMENT OF
COMMUNITY j\FFAIRS
Laura Meadows
COMMISSIONER
Roy E. Barnes
GOVERNOR
March 7, 2002
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street, Room 801
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is the final payment in the amount of $2,500 for Local
Assistance Grant #00-C-L-330 to Augusta-Richmond County.
If you have any questions, please call Bobby Stevens at (404) 679-4943.
Sincerely,
q~lw1~
Commissioner
LJlVI/j a
Enclosure
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
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GEORGIA DEPAR'fMENT OF
COMMUNITY AFFAIRS
60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231
Augusta-Richmond County Fire Rescue Safety
RECIPIENT: House
LA GRANT
AGREEMENT
NUMBER: OO-C-L-330
LOCAL ASSISTANCE GRANT
REQUEST FOR FIN.AL PAYMENT
GENERAL
INSTRUCTIONS:
CERTIFICATION:
Authorized
Si ature
Tills 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 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 Bobby Stevens at
(404) 679-4943 or Amy Hill a.t (404) 679-3154.
Tills 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 an.d conditions of the Agreement and that
all the information stated herein is true and accurate.
Date '}-/'d-I iJ :r
Bob Young, Kayor
Name and Title
FIRE IJEPARTMENT
ADMINISTRATION
CARL M. SCOTT, INTERIM FIRE CHIEF
MICHAEL T. ROGERS, DEPUTY CHIEF -
TECHNICAL SERVICES
Suite 420 - 1 Tenth Street
Augusta, Georgia 30901
(706) 821-2909 FAX (706) 821-2907
March 1, 2002
Mrs. Lena Bonner
Clerk of Council
City of Augusta
Augusta, Georgia
Dear Mrs. Bonner:
The Augusta Fire Department has plans to implt~ment a new Juvenile Firesetters
.progr'am in the near future. There is presently $3,000.00 that is in the Grant Fund
for the Fire Safety House. The fire department has fulfilled all the scope of work
that is outlined in the grant agreement for the Fire Safety House. Will you please
process the final payment of $3,000.00 for this grant award. These funds would be
used to purchase a computer and other office supplies for this program.
Thank you for your help in this request.
Sincerely,
~ /Yl. ~~zr-
,Carl M. Scott, Interim Fire Chief
Augusta Fire Department
'cc:Mr.Fred Russell, Deputy Administrator
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Application for Local Assistance Grant
Local AssiStance Grants are made pursuant to O.G.G.A. ~50~8-8(a) which provides in pertinent pan:
NTh~ departm~nt shall make grants to eligibl~ recipil'mrs or qualifid local govn-nmmts,
which grants are specified by amount, recipient, and purpou in an appropriation to the fkpartmen;~U
1. Recipienr identified by che General Assembly in Appropriations Act:
Augusta-Richmond County
2. Amount appropriated by General Assembly:
$10,000
3. Purpose of the Local Assistance Grant as specified by the General Assembly in me Appropriations Act:
Operation of Augusta-Richmond County Fire Rescue Safety Hous,e
.
4. Informacion Required by the Dcpucment of Community Affairs for Award:
a. 'Please provide a derailed desaipoon of the project; location. type of work to be initiated. and for what purposes the funds
awaICkd through chis gnnt would be wed. Arta.ch add.itio~ pages if necessary. '
The project is the'purchase of a Fire Safety Hou:se, which is a mobile unit used as
a teaching tool 'for fire safety., The Safety Hout>e will be used to travel to v~rious
communities, schools. organizations, and events around Augusta-Richmond County.
The Safety House is modeled like a real home, and visually as well as physic~lly
instructs children on how to respond to fire and fire hazards in the home. The funds
would be used to offset the purchase price of thl~ Safety House. The Safety House
will be operated by fire personnel, only, spe.cifi(;ally under our Fire Prevent:ion and
Education office.
b. Please: provide abudgec for the proposed project. listing all revenues :Uld expenditures.
Project Revenues
L:lcal Assisranc:c: Grant $10 ,000
Proj~ &penditw'CS
-
$10,,000
Local GOvt.
$24,500
$24~500
Other
Total
$34,500
$34,,500
c. Provide expected projcct stlrt up and project completion daces:
09 01 99
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Bttimul1Il l)"u
Com/lmon D4U
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5. ConD.O: Information: PI~se provide the following conuct inform2.tiOO for the gr2.ot.
Kat:rice Bryant
Name:
Fire Ad~1nistrae1on
Addrtss:
One 10th Street, Suite 420
GA
30901
Augusta
City:
1i1 h 706-821-1641
e ep one: .
e_ "1 821-2907
r.oiCSlml e:
Sure: Zip: ,
E-mail: kb8218@co.richmond.ga.:us
Name:
Fire Chief Ronnie Few
Address:
Fire Administration
Ooe 10th Street, Suite 420
C Augusta
ity:
Tdephone: 706-821-2909
Scate: GA
Zip: 30901
Faaimile: 821-2907
E-mail:
6. CcrUfic;a.ciOD
1. the: Wlde:rsigne:d auchoci~d re:presencacive of che loal governmenr dc.<cribcd in this appliacion. certify char to chi
best of my knowle:dge, the informacion in this appliacion is aue and correa and the: Local Assistance Gr:u!c subje:ct'
to thls ap ia.cion will be used foe the pu.rpo~ outlined above. I furthc:r c;c:nify the: local government ddCl'ibcd. in :
'this ap cion all uisite p~er authority to expend funds for the pwposes set fOM herein. '
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For addiclonal informacion or =;canc.e,
please conD.a Amy Thompson at (404) 679-3154 or Bobby Stevens at (404) 679-4943.
5/99
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GEORGIA DEPARTMENT OF
REceIVED
AUG 2 7 1999
CO MMUN I TY AFF AI R (AlJGUSTA-RICHMORO COUNTY COMMISSIOHJ .
Jim Higdon Roy E. Barnes
COMMISSIONER GOVERNOR
'August 19, 1999
Honorable Bob Young
Mayor, Augusta-Richmond County
530 Greene Street, Room 801
AugLlsm, Georgia 30911
Dear Mayor Young:
This commits state funds in the amount of $10,000 to Augusta-Richmond County for the
operation of the Augusta-Richmond County Fire Rescue Safety House.
After reviewing the agreement, please execute it by signing and retuming 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 $7,500 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, pi ease
feel free to call me.
~l.
Jim Higdon1)\7r-
Commissioner
JHJja
Enclosure
cc: Richmond County Legislative Delegation
EQUAL HOUSING ~
OPPORTUNITY L.:J
iJ;d;iilJf/lo NJ -(J. t ~ !QrJ
60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940
www.dca.state.ga.us
An Equal Opportunity Employer
* Recycled Paper
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.RECEIVED
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GEORGIA DEPARTMENT OF
COMMUNITY AFFAIR
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(AUGUSTA-RICHMOiW COUNTY CCMMISSWHJ ,
Jim Higdon
COl'vIMISSIONER
Roy E. Barnes
GOVERNOR
August 19, 1999
Honorable Bob Young
Mayor, Augusta-Richmond County
530 Greene Street, Room 801
Augusta, Georgia 30911
Dear Mayor Young:
This commits state funds in the amount of $10,000 to Augusta-Richmond County for the
operation of the Augusta-Richmond County Fire Rescue Safety House.
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 $7,500 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
eQUAL HOUSING ~
OPPORTUNITY L.:J
(j;d;;I;!flo 1; 0 -(]. L -1 f3 J
60 Executive Park South, N.E. . Atlanta, Geoq~ia 30329-2231 . (404) 679-4940
www.dca.state.ga.us
An Equal Opportunity Emplol'er
@ Recycled Paper
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SECEIVED
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GEORGIA DEPART1\tIENT OF
COMMUNITY AFFAIR
J.i.J G '2 '(lace
..J..Jv
(AUGUSTA-llICHMOfID COUHTY CCMMISSIt>>I)
Jim Higdon
COMMISSIONER
Roy E. Barnes
GOVERNOR
August 19, 1999
Honorable Bob Young
Mayor, Augusta:-Richmond County
530 Greene Street, 'ROOlri 801
Augusta, Georgia 30911
Dear Mayor Young:
- "
This commits state funds in the amount of $10,000 to ~u\usta-Richmond County fOf the
operation of the Augusta-Richmond County Fire Rescue~ Safety House.
After feviewing 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 $7,500 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, piease
feel free to call me.
~
Commissioner
JHJja
Enclosure
cc: Richmond County Legislative Delegation
'eQUAL HOUSING ~
OPPORTUNITY L.:.J
(J;dJJJ tllo Of) -J.t - ~ !}J
60 Executive Park South, N.E.. Atlanta, Georgia 30329-2231 · -(404) 679-4940
www.dca.state.ga.Uls
An Equal Opportunity Emplo,\'er
@ Recycled Paper
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Grant No. OO-C-L-330
(
STATE OF GEORGIA
COUNTY OF DEKALB
STATE OF GEORGIA
DEPARTMENT OF COMMUNITY AFFAIRS
AGREEMENT FOR GRANTING OF STATE FUNDS
THIS AGREEMENT entered into this 28th day of July 1999. 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 $10.000 to be
used solely for the purposes specified in the attached ]~xhibit A. which is incorporated herein by
referen<;e and made apart 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.
, .
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Grant No. 00-C-L-330
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 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 945-10-28 and O.C.G.A. 936-67A(l) through 936-67A(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 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. 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 includ.ed in the next regularly scheduled audit or
financial statement of the Recipient and any future audits or financial statements until all
expenditures of Agreement fund~ 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 fund_s 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 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; (ili) 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.
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,- .
Grant No. OO-c-L-330
Page 3 of 4
12. 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 wfiting.
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:
cr~
By:
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Attachments: Exhibit A. "Scope of Services"
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Grant No. OO-C-L-330
Page 4 of 4
EXHmIT A
The Local Assistance Grant shall be used by Augusta-Richmond County for operation of Augusta-
Richmond County Fire Rescue Safety House.
,.
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Grant No. OO-C-L-330 ,
STATE OF GEORGIA
COUNTY OF DEKALB
STATE OF GEORGIA
DEPARTMENT OF COMMUNITY AFFAIRS
AGREEMENT FOR GRANTING OF STATE FUNDS
THIS AGREEMENT entered into this 28th day of ,July 1999. 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:
$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-330
Page 2 of 4
5. Conflicts of Interest. The Recipient wan'ants 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. includi.ng but not limited to. O.C.G.A. 945-10-20
through 945-10-28 and'O.C.G.A. S36-67A(l) through S3G-67A(4) and that the aforementioned paities
shall continuously comply with the same throughout the term of this Agreement. Additionally. the
Recipient attests that all officials of the Recipient have celufied the same.
6. Enforceable and Legallv Bindinll 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 Auditing. Upon request. the Recipient agrees to provide the
Department with any information. documents and/or photographs the Department deems necessary
to monitor performahce 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 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 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 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; (ti) 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, ordiriance or regulation. the Recipient shall be required to return to the Department all
funds disbursed under this Agreement. upon request.
.': r".
Grant No. OO-C-L-330
Page 3 of 4
12. 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.
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:
.cr~
By:
II-.
Attachments: Exhibit A. "Scope of Services"
,,':....:. ~
Grant No. OO-C-L-330 '
Page 4 of 4
EXHIBIT It..
The Local Assistance Grant shall be used by AugustanRichmond County for operation of Augusta-
Richmond County Fire Rescue Safety House.
-;
--
Office of The Clerk of Commission.
Lena J. Bonner, CMC
Cil;;rk 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:
Honorable Charles W. Walker, Senate Majority Leader"
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
Augusta 31 ,2001
SUBJECT: Fiscal Year 2002 Local Assistance Grant Awards
Enclosed are the following grant awards representing total payment of their FY2001-
2002 State of Georgia appropriations through the Georgia Department of Community
Affairs Local Assistance Grant Program.
ORGANIZATION
Nei hborhood 1m rovement
Koinonia Community
Development Corp d/b/a/
East Augusta Learning
Center
Delta Leadershi Pro ram
CSRA Transitional Center
National Legacy
Foundation
CSRA Economic
o ortunit
GRANT NO.
02-C-L-133 ~~ 742
02-C-L-6!:39
AMOUNT
$30,000
$50,000
02 -C-L -772
02-C-L-131, 736
02-C-L-E317
$20,000
$45,000
$100,000
02-C-L-655
$50,000
If I can be of further assistance, please feel free to call.
T
-I -
AWGUSTA-RIC'HMOND COUNTY COMMISSION
059351
DESCRIPTION . P,O, NUMBER. INVOICE NUMBER .INVOICEAMOUNT.i.'; '.' .... ,NErAMOUNT,
GRANT 02CL133 10,000.00 0.00 10,000.00
GRANT 02CL742 20,000.00 0.00 20,000.00
- -- - - - - -
1t.(:JI
V
~JJ)/
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
059351 08/10/01 30,000.00 0.00 30,000.00
III 0 5 g 1 5 .. III I: 0 b .. .. 0 .. 1 7 5 I: b 8 1 0 .. L, 8 1 g L, III
Office of The Clerk of Commission
Lena J. Bonner, CMC
Clerk of Commission
Room 806 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
(706) 821-1820 - FAX (706) 821-1838
TO:
N~~r ---~-'--"INS~~_,
~-
,...L! --~
Y cl -........
~1
Ms. Donna Willianl~, I
ccto r
, FROM: Lena J. Bonner, Clerk of Commissioh
DATE: August 7, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $335,000 from the Department of Community Mfairs.
Please issue Augusta-Richmond County checks to the following Local Assistance Grant
fecipients:
ORGANIZATION GRANT NU1VlBER GRANT AMOUNT
FORE AUGUSTA 01-C-LB34 $250,000
Shiloh Comprehensive 02-CL-127 $ 5,000
Center
Neighborhood 02-CL-133 $ 10,000
Improvement Proiect
New Savannah Rd. Social 02-CL-245 $ 50,000
Services
Neighborhood 02:.CL-742 . $ 20,000
Improvement Proiect
These monies represent total grant award for each recipient. I'm enclosing a copy of a listing
from the Department of Community Mfairs of the local grant recipients. Some recipients
received more than one grant award with appropriations from the House Budget and the Senate
Budget.
Thank you fOf your continued assistance.
Enclosure:
Check & DCA LISTING'
j'
INVOICE
NUMBER
01-C-LB34
'02-C-L-127
02-C~L-133'
02-C-L-245
.02-C-L-742'
. STATE OF GEORGIA
DEPARTMENT OF COMMUNITY AFFA.IRS,
ATLANTA; GA'.
BANK 1100-10CIO
: l:,~,
Page. 001 OF 001
Vendor No; 0000013727
Vendor Name: BOARD OF COMMISSIONERS
Check No:
Check Date:
"Check Total:
, 0000049709~~:
. 08/03/2001',"
: $335,000.00;,::,
000027824,
, 000027843
000027838
000027841
000027839, '
GROSS
AMOUNT
250,000,00
5,000,00
10,000.00
50,000,00
20,000,00.
DISCOUNT
:TAKEN .
AMOUNT
PAID
08/02/200 l'
08/02-/2001',
08/02/2001
08'/02/2001-
08/02'/2001 '
,.,:".
,0",00
0,00
0,00
0,00
0,00
. '''' . n. ".
-"",",. .. .::~:.. ~~:~~:~,tl StTAffi~OFGEORG1~ '
:~\~,;.,~,;;?j,JtJ\ DEPAR!MENT<,OF COMMUNtU,Y"'A1F.F.A',IR' ':;'" '
~\.:o.~..".;,,:."'r.,...'.,'I..:'..'.'.".::,.:.."..,',..:...,..~.:::....:..".,~~.-,.:...,.:~,.,.~~.'.,..l...~~.....'..~,'......:.,.-~,~..:'.~"..:,.".~.:,..:,; " .,_. ." . 60 EXECU'T:-!:VE PARK SOUTH. N' E ""..
~~~;/~3~~!~,'.~'Y';I~~jl'Jrr~\~'fs~l~; .,.
;ji.,., ,t;';;;};;;'i~~ecl< :t~, " :.''/ .';;;", ", ,,~'.",~~ ",,:;~~. NO.~~i):/'i
J~:r:tn~:i~~?i gi~,~i~~."\~ ."~ '~";" .~
Pay i:xactly tHR EE'~:;HUNDR ED, !H:IR:l'Y.;,F IV E. T:I-!OUSA ND":..~ D~, 0:0/ 1,00.',;S,
':..;C\7'::;">" i .~..... ".. '~:;"" ':;~;.~..~. - "r~,..-;...... ..,;l"....~1;f~',.'\i~ ':t'!!.'"
$335,000,00
~'<&'."'~~":" ,
,i;;;;~:;:' .;"':., ",;^~,:., -" \CI~~;"l>. .':!!.'~~ .~;\;1;. '!{f$1!,
.:':,:" '<,:;;; ,..':~;;~: "'.'.',~,::.':::,.,'.'~,'.,,..,'::.,'..',,',,'.,'~,': . .,'?',:,: ~;"~';"~'" ,:..',',"~,:,.' )'~"~";"~"?I.",~,'.'::.,,;.,::.',:.:1' <, ,. '.
..::::~"..:.'.:i."-=,,,--,",_,"..2~'-~~~_
11100000 ~ g 70 gill ':0 b .0000 .01: 07 0.7 L, b Sill
~
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
August 6, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check 111 the amount of $335,000 representing payment for the following Local
Assistance Grants:
Grant No. 02-C-L-12/"
Grant No. 02-C-L-133t}
Grant No. 02-C-L-24,y""
Grant No, 02-C-L-742~r,
Grant No. 01-C-LB34v'
$ 5,000
$ 1O,000
$ jO,OOO
$ 20,000
$250,000
Also enclosed are copies of the executed contracts 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 reporting requirements, please
contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115.
I am pleased that we were able fo assist you with the funds provided, If you have any questions,
please call Bobby Stevens at (404) 679-4943,
qY' It,~
Jim Higdon
Commissioner
JHJja
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
INVOICE'
NUMBER
'Ol-C-LB34
:02-C-L-127.,
02-C-L-133'
'02-C-L-245
i02-C-L~742'
STATE OF GEORGIA
DEPARTMENT OF COMMUNlTY AFFA~RS
ATLANTA, GA
BANK 1100 - 1000
...,:0
08';02/2001'
, 08/02/200.1:<
08/02/2001,
08/02/2001"
08/02/2001,
,000027824
',000027843
000027838
00002784'1:
000027839.'
GROSS
AMOUNT
250,000.00
5,000,00
10,000,00
50,000,00
20;000,00
" .0000049709,
, . 08/03/2001 "
~'~"$335,OOO,OO ~
..\~:
Page 001 OF" 001
Vendor No: 0000013727
Vendor Name: BOARD OF COMMISSIONERS:
\.\
...;,.".
, , .' AMOUNT
PAID'
, 250,000,00'-
5,,000,00
10,000', 00
'50000 00 "
, 20: 000< 00 .
,~
"~
;~
)~j
~~
'.r,'~
. :"1
.~
."
.,~:~
,..."";:..:-",,-,~,,.
,:;t
~l
"
$335,000 . OO~;
141"
~:;i
.~~
Pay Ex!'.Clly
. ,:;""-'.:~-
',: ~ o~:
.,.-. "-0,
~,:".: ',;"
'-~).};:\.,.~;: ,.'
WACHOVlA
11.00000 L. g 70 gila 1:0 b tOOOO .01: 07 0.7 L. b 511.
GEORGIA DEPARTMJE:NT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 9, 2001
RQY E. Barnes
GOVERt'lOR
Honorable Bob Young
Mayor
Augusta/Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
I am pleased to advise YOLl that $20,000 in Local Assistance funds for the City of Augusta has been
included in the Fiscal Year 2002 State Budget. The attached contract when executed commits state funds
for operating funds for the Neighborhood Improvement Project for 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
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full 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,
ia!~don
~ioner
JH/ja
Enclosure
cc: Richmond County Legislative Delegation
{) d- --(' L~- ? YolJ
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~, ':.'
,
i:--
Grant No. 02-C-L-742
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 2nd day of July, 2001, 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 politi'cal 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 $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. 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 retumed 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.
.,( '-.
';
.-
Grant No. 02-C-L-742
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 Lee: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.
73. Monitorine: 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 until all
expenditures of Agreement funds have been accounted for. The Recipient acknowledges and agrees
that any unresolved findings of the Department concenling 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 MState
of Georgia Grant Certification FormM 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. 01>en 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 Ae: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.
,.. i
Grant No. 02-C-L-742
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; (Hi) ha~ 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 prtvate 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. I. Sec. II. Par. VII.
(b). The "Sectartan 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 Amertcan Herttage 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 Amertcan Herttage 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 inquirtes 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 win 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. 02-C-L-742
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 TH]:!: DEPARfMENT OF COMMUNIlY AFFAIRS
By:
By:
Federal Employers ID Number:
58 - ~~~<f~ 1'1
Attachments: Exhibit A. "Scope of Services"
,"" . -..
.:
Grant No. 02-C-L-742
Page 5 of 5
EXHIBIT A
The Local Assistance Grant shall be used by Augusta-Richmond County for operating funds for the
Neighborhood Improvement Project for 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.
,; -.';
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STATE OF GEORG]A )
RICHMOND COUNTY )
GRANT AGREEMENT
TH]S AGREEMENT, made and entered into this~day of June, 200], 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 NEIGHBORHOOD IMPROVEMENT PROJECT,
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:
I. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION
accepts, the sum of$1O,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 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.
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:
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Police and tire protection;
o
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Garbage and solid waste collection and disposal;
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 distri bution of water;
o
Public housing;
o
Public transpOltation;
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, ORGANIZA TION 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 A UGlUST A has agreed to provide the State with any
infonnation, 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
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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 AUGUST A, 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
ORGANIZA TION 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. ~ 50-14-1, 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 shaH cooperate fully in responding to such request and making all records, not exempt, available
for inspection and copying as provided by law.
7 . ORGANIZATION celtifies 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,
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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.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 supernntural 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, 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,
ORGANIZA TION 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.
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13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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:
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.
NEIGHBORHOOD IMPROVEMENT PROJECT, INC.
ORGANIZATION '
B~~7&k
As its Executive Director
ATTEST: 1Jf;~ ~
Title: President-
Sworn to and subsc~ibed
~'~daYOf
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otary Public
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, AUgusta!!~iQllro~_n~t ~u~ty_
Finance~ ~~p~rtment
Memo
To: State Grant Recipient
From:AI Denis, Grants Manager
cc: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
In accordance with grant agreement -Al.--C-L-~ it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta, thE! State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") deems
necessary to monitor performance of this Agrel:ment. 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and' agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation of fund usage or a copy of an
audited financial statement which includes expenditures of Agreement funds.
Name'0iJL{}t~S ~; (lQq) Telephone No. 706/790-4440
, Signature
(Please print) Melinda S. Rider
Address
2467 Golden Camp RO.<lc'l,Attg"c>t-"" r;A 30909
. Page 1
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMESB. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDI' CHEEK
J~JCHARI) L. COLCLOUGH
WILLIAM B. KUHLKE. JR,
Sn;PHEN E. SHEPARD
M,IRION WILLIAMS
BOB YOUNG
Mayor
P,O, Box 2125
454 GREENE STREET
AUGUSTA, GA 30903
Bus, (706) 821-2488
FAX No: (706) 722-59114
E.MAIL: JWALL@co.RICHMOND.GA.US
GEORGE It KOLB
Administrator
WM. "WILLIE" H. MAYS, III
Mayor Pro Tem
MEMORANDUM
To:
NEIGHBORHOOD IMPROVEMENT PROJECT, INC.
From:
Jim Wall
Date:
June 5,2001
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 ~ntityin 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. Plea,se review the scope of services to insure it accurately
states the purpose for which the grant will be ti'tlliied.
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.
r have attached two copies of the contmct, slI1ce 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.
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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
July 16, 2001
Ms. Melinder S. Rider, Executive Director
Neighborhood Improvement Project
2467 Golden Camp Road
Augusta, Georgia 30906
Dear Ms. Rider:
Enclosed is a Grant Agreement and a Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that, the disbursement can be handled expeditiously
once we receive the grant monies.
Should you have any questions or need any additional information, please feel free to
call me at 706-821-1820.
~IY yours, .
Lena J. B nner,
Clerk of Commission
Enclosures:
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AUGUSTA-RICHMOND COUNTY COMMISSION
JAMESB. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR,
STEPHEN E. SHEPARD
MARION WILLIAMS
Bon 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
WM. "WILLIE" H. MAyS, III
Mayor Pro Tem
MEMORANDUM
To:
NEIGHBORHOOD IMPROVEMENT PROJECT, INC.
From:
Jim Wall
Date:
June 5, 2001
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, 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 concern ing either the scope of services or the certification, please call me.
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STATE OF GEORGIA GRANT CERTIFICATION FORi"I
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 copv 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 form should be used for
each 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 perform an
audit or perform ~e 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 sho'uld 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 form 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
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STATE'OF GEORGIA GRANT (:ERTIFICATION FOR1\1
7.
A Local Government
B Information For Year Ended
I
,
.
C State Awarding 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 pre'sented 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
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Independent Accountant's Reoort
We have examiI1ed 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 resp?nsible for [name of government)'s compliance with this requirement. Our
responsibility is to express an opinion on management's assertion about the [name of
gqvernmeni)'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 of government]'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
July 16, 2001
Honorable Charles W. Walker, Majority Leader
P.O. Box 1282
Augusta, Georgia 30903'-1282
Dear Senator Walker:
Enclosed are Grant Agreements and Monitoring and Auditing Agreements between the
enclosed local grant recipients and the City of Augusta, which is needed for the
disbursement of their Local Assistance Grant Awards from the Georgia Department of
Community Affairs from the Fiscal Year 2002 State Budget that were made possible
through your efforts.
As you are probably aware, DCA will no lon~ler require the completion of grant
applications by the agencies and will be dispersing 100% of the grant awards initially.
, The Mayor has executed the State Contracts on behalf of the city and we have returned
them to DCA. Please have the agencies execute both agreements and return promptly
to my attention so that the disbursements can be handled expeditiously once we receive
the grant monies.
Should you have any questions or need any additional information, please feel free to
call me at 706-821-1820.
~jl;k
Lena J~f(f
Clerk of Commission
Enclosures:
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District: (706) 722-4222
Capitol: (404) 656-0040
Fax: (404) 651-5588
COMMITTEES:
Appropriations, Secretary
Education, Ex Officio
FInance and Public Utilities, Ex Officio
Health and Human Services, Secretary
Insurance and Labor, Ex Officio
Natural Resources
Reapportionment
Retirement, Ex Officio
Rules
State and Local Governmental
Operations, Ex Officio
Transportation, Ex Officio
Charles W. Walker
District 22
Post Office Box 1282
Augusta, Georgia 30903-1282
MAJORITY LEADER-
The State Senate
Atlanta, Georgia 30334
May 1,2001
Ms. Lena Bonner
Clerk of Commission
530 Greene Street
Augusta, GA 30911
Dear Ms. Bonner,
Please schedule the following grants for approval at the next County Commission meeting or as soon
as possible. Upon approval of the County Commission, please forward all the necessary paperwork
to this office so that we can contact the grantees. Listed below are the following grants that where
approved by the Georgia General Assembly, which will go into effect July 1, 2001.
/Augusta Museum of History
560 Reynolds Street
Augusta, GA 30901
Contact: Julian Osbon (706) 821-3600 x113
Grant Amount: 25,000:00
IBeulah Grove Community Resource Ctr
1446 Linden Street
Augusta, GA 30901
Contact: Dr. Sam Davis (706) 722-4999
Grant Amount: 35,000.00
I CSRA Economic Opportunity Authority
1261 Green Street
Augusta, GA 30903
Contact: Gloria Lewis (706) 823-6900
Grant Amount: 50,000.00
vESRA Transitional Center, Inc
1345 Druid Park Avenue
Augusta, GA 30904
Contact: Dr. Charles Bartholomew (706) 738-5060
Grant Amount: 40,000.00
~atic,"al Legacy Foundation, Inc.
P.O. Box 15297
Augusta, GA 30919
Contact: Dr. Eddie Cheeks (706) 667-8979
Grant Amount: 100;000.00
~eighbOrhOod Improvement Project
1446 Linden Street
AugLlsta, Ga 30901
Contact: Melinda Rider (706) 790-4440
Grant Amount: 20,000.00
~out:hside Tutorial Program
1930 Olive Road
Augusta, GA 30906
Contact: Mary Bogan (706) 733-1270
Grant Amount: 30,000.00
JTerr:lce Manor Elementary SChOOl' AIJ;
, 3100' Tate Road
Augusta, GA 30906
Contact: Dr. Ernest James (706) 796-4910
Grant Amount: 5,000.00
District: (706) 722-4222
Capitol: (404) 656-0040
Fax: (404) 651-5588
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(Delta House, Lucy Laney Museum
1126 Phillips Street
Augusta, GA 30901
Contact: Christine Betts (706) 724-3576
Grant Amount: 75,000.00
16elta leadership Training Program
1126 Phillips Street
Augusta, GA 30901
Contact: Christine Betts (706) 724-3576
Grant Amount: 20,000.00.
J Edward Murphy Middle School ~()f
2610 Milledgeville Road
Augusta, GA 30906
Contact: Dr. Eleanor Hopson (706) 737-7350
Grant Amount: 5,000.00
J Augu:sta Child Advocates
P.O. Box 3347
Augusta, GA 30914-3307
Contact: Julie Bloodworth (706) 737-3006
Grant Amount: 100,000.00
./CSRA Business League
1208 Laney Walker Blvd
Augusta, GA 30901
Contact: Kathy Maness (706) 722-0994
Grant Amount: 50,000.00
9ZQ
Senator Charles W. Walker
,Office of The :Cierk of Commiss;on
Lena J. Bonner, CJ'vIC
Clerk of Commission
Nancy Morawski
Deputy Clerk
Room 806 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
(706) 821-1820 - FPIX (706) 821-1838
MEMORANDUM
TO:
Honorable Charles W. Walker, Senate Majority leader
FROM:
lena J. Bonner, Clerk of Commission
DATE:
September 7,2001
SUBJECT: Fiscal Year 2002 local Assistance Grant Awards
As you requested in your memorandum dated May 1, enclosed are the following grant
awards representing total, payment of their FY2001-2002 State of Georgia
appropriations through the Georgia Department of Community Affairs local Assistance
Grant Program along with a copy of their grant agreement:
ORGANIZATION GRANT NO. AMOUNT
Souths ide Tutorial Proqram 02-C-L-614 $30,000
Beulah Grove Resource 02-C-L-751,132,740 $70;000
Center
Lanev Museum 02-C-L-660 $75,000
Auqusta Museum 02-C-L-587 $25,000
Please note that the grant award for the Beulah Grove Resources Center consist of two
other awards along with the $35,000 you requested
If I can be of further assistance, please feel free to contact me.
Picked~ ~~
Date 7; :d 'ddtJ/
,
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
MEMORANDUM
TO:
Ms. Donna Williams, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
September 4, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $190,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
ORGANIZATIONS GRANT NUMEIER AMOUNT
Augusta Opera 02-C-L-590 $25,000
Auqusta Recreation Dept. 02-C-L-128 $ 5,000
Auqusta Plavers 02-C-L-591 $10,000
Auqusta Cotton Exchanqe 02-C-L-944 $50,000
Delta House Laney 02-C-L-660 $75,000
Museum
Auqusta Museum of History 02-C-L-587 $25,000
, Auausta Youth Center 02-C-L-602 $5,000
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
p ..j
STATE OF GEORGIA
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this.:5 day of June, 2001, 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
HISTORY 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
perfonn 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
o
Police and fire protection;
o
Garbage and solid waste collection and disposal;
o
Public health facilities and servict:s, 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. ORGANIZA TION 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 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 acknowlt:dges 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, 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. 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 reqUi~st 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, Ci~y 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. I f at the time of term ination, 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 ril.Onies 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.
4
. ,.
13. A II notices, demands, and requests which mayor are required to be given ORGANIZATION
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:
~~Sj&1I, OF BJ.,ACK HISTORY.
,,~ (L)-
f>r 3~IfDI
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 CRAFT LANEY MUSEUM OF BLACK HISTORY
ORGANIZA nON
By: ~f)ULu.-,-~
As it~:l)~o r
ATTEST:
Title:
Sworn to and subscribed
before me this _ day of
, 200 I.
Notary Public
My Commission Expires:
5
)
i"'" -
if'...
Grant No. 02-C-L-660
Page 1 of 5
STATE OF GEORGIA
COUNTY OF DEKALB
STATE OF GEORGIA
DEPARTMEN:r OF COMMUNITY AFFAIRS
AGREEMENT FOR GRANTING OF STATE FUNDS
THIS AGREEMENT entered into this 2nd day of July, 2001. by and between the Department of
Community Mfairs 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 authOIized 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
, WHERE~, 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 $75.000 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:
$75.000
Within twenty days of the Department's receipt of the executed
Agreement.
$75,000
Total Disbursement
4. Applicable Dates. The effective date of this Agreement is specified on page one. '
~
Grant No. 02-C-L-660
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 ~45-1O-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 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 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 Agreem'ent. 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, w:hether
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. 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 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 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.
Grant No. 02-C-L-660
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. Atfy 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 win 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. <;lral 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. 02-C-L-660
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
Attachments: Exhibit A. "Scope of Services"
/
FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS,
By:
(
,.
Grant No. 02-C-L-660
Page 5 of 5
EXHIBIT 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.
----~~
Au~BiGl1m~d- Countv-_
I, -, --- ,--,- ---, - -
FinanCe_-~~partment
Memo
To: State Grant Recipient
From:AI Denis" Grants Manager
CC: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
In accordance with grant agreement iJ.JL-C-L-~ it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively '''Grantor'') 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges andagn~es that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
, '
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation of fund usage or a copy of an
audited fi~'}nclal e~~ent w~ich inclUdes.. expenditures of Agreement funds.
Name ~ ~ ,-,a~ Telephone No. 72~~ 3S1~
Signatu!:,e (f)- '""\
(Please print) L 1+t2J sD tJe H JLLE-:-e-. - If, c-rrs
Address III <0 . P ~s ~i-
IK~~. Gl} 3'0/10!
. Page 1
GEORGIA DEPARTMENT OF
COMMUNITY j\FFAIRS
Jim Higdon
COMMISSIONER
Roy E. Barnes
GOVERNOR
September 5,2001
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $190,000 representing payment for the following
Local Assistance Grants:
Grant No. 02-C-L-587
Grant No. 02-C-L-590
Grant No. 02-C-L-591
Grant No. 02-C-L-602
Grant No. 02-C-L-660
Grant No. 02-C-L-944
$25,000 AG m ~sEY A.
$25,000 1tzt6 t!tJe72A
$10,000 fftt.6 f>L(+-rIc...~5
$ 5,000 fluCi 2ftfl(rlfCTf2.
$75,000~t-'Z.r.4 tiJu.s~- ~ i..ek+IYElf /fI~EJ/m-
$50,000 fJrJf<$.OT7dIV €r:c~~
Also enclosed are copies of the executed contracts 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 fOlm 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 andAccounts 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.
Sincerel y,
.~Hr
Jiin Higdon
Commissioner
J.H/ja
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
061083
,DESCRIP1710N , 1c'P,O"NUMBER:. INVOICE NUMBER INVOICEAMDUNT.,' ' . ,......,- " ...., k'..:,,:,_ '.c,;; NET'AMOUNT,,: '
'. ~...:, ,c.
GRANT AfNARDS 090701 75, 000 00 0 00 75, 000 .00
,., ,. ,- ,- ,_. -
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
061083 09/07/01 75, 000 00 0 00 75, 000 .00
". ~"'~' '.~ ,';~:.' '..
/
II- 0 b ~ 0 8 ~ II- I: 0 b ~ 0 0 0 2 2 7 I: 2 0 8 0 0 0 0 7 0 2 8 7 b II-
Page 001 OF 00,1,,'
" Vendor No: 0000013,727
Vendor Name: AUGUSTA"R,ICHMONO: Cry: BD 0'
, ' STATE OF GEORGIA
DEPART'MENT OF.cOMMUN!.TV
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INVOICE
NUMBER
,02-C-L-58,7,
'02-C'-L-590:, '
02'cC-L-591:.
:02-C-L-602
02-C-l;-660
'02-C'~L-94'4:
08/30/200,1
08'/30/200,L
,08/30/2001
08/30/200'1 '
08'/30/200'1'
08/30/200'1:
000028964 ,
'000028951' ,
'000028966
~"000028974"
0000289,77,
, 00002897,1 '
"
'25,000 00' .~
'.25' 000" 00,'
, 10,: 000 : 00'
, " 5000 00', ~
75: 000':00 ~",:,
,. 50';,000 ,,(lO, '
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"'0000050 L. .8'" 1:0 b .0000 ~Ol: 07 0.7 11 b 5'"
Ii
Office of the Mayor
Bob Young, Mayor
Room 806, Municipal Building
530 Greene Street, Augusta, GA 30911
(706) 821-1831 - FAX (706) 821-1835
E-mail: mayoryoung@cQ.richmond.ga.us
July 23,2001
Honorable Jim Higdon, Commissioner
Georgia Department of Community Affairs
60 Executive Park South, N.E.
Atlanta, Georgia 30329
Dear Commissioner Higdon:
Enclosed are executed DCA Agreements for the following fiscal year 2002 Augusta-Richmond
County grant recipients:
ORGANIZATION GRANT NO. AlVIOUNT
Augusta Opera 02-CL-590 $25,000
Augusta Museum 02-CL-587 ' $25,000
Delta House 02-CL-660 $75,000
Augusta Youth 02-CL-602 $ 5,000
Augusta Players 02-CL-591 $10,000
Augusta Cotton 02-CL-944 $50,000
Exchange Museum
As always, we appreciate your continued assistance in the administration of Augusta's grant
awards. .
.;
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 18,2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
I am pleased to advise you that $75,000 in Local Assistance funds for Augusta-Richmond County
has been included in the Fiscal Year 2002 State Budget. The attached contract when executed commits
state funds for operational funding for Delta House, 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 LO 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
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full 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,
Q~
Jim Higdon
Commissioner
JHJja
Enclosure
cc: Richmond County Legislative Delegation
~ 2--e-L--fe~O
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 GRANT CERTIFICATION FORM
.fi
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 copy 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 form should be used for
each 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 ~he 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 Iildependent
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 th(~ express purpose or purposes for which the
grant was made.
6., Whether the local government engages an independent certified public accountant to perform an
audit or perform 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 form and the accompanying Independent Account~mt'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
......
",,7"
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STATE OF GEORGIA GRANT C:ERTIFICATION FORM
A Local Government
)
B Information For Year Ended
,
,
C S tate 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
~
"';"
r'
Indeoendent Accountant's Report
We have examined management's assertion included in the accompanying State of Georgia
Grant Certification Form about [name ofgovernment]'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' 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
Ce,!-iified Public Acco,untants 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.
;-:-... ~~
'?"'~ f .
Office of The Clerk of Commission
Lena J. Bonner, CMC
Clerk of Commission
Nancy Morawski
Deputy Clerk
Room 806 - Municipal Building
530 Grl?ene Street - AUGUSTA, GA. 30911
(706) 821-1820 - FAX (706) 821-1838
July 16, 2001
Ms. Christine Betts, Executive Director
Lucy C, Laney Museum
1126 Phillips Street
Augusta, Georgia 30901
Dear Ms. Betts:
EnClosed is a Grant Agreement and a Monitoring and Auditing Agreement between your
agency and the. City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies..
Should you have any questions or need any additional information, please feel free to
call me at 706-82,1-1820.
Enclosures:
,-
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AUGUSTA-RICHMOND COUNTY COMMISSION
JAMESB. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
.JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, .JR.
STEPHEN E. SHEPARD
MARION WILLIAMS
BOB YOUNG
Mayor
r.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
WM. "WILLIE" H. MAyS, III
Mayor Pro Tern
MEMORANDUlY.[
To:
LUCY CRAFT LANEY MUSEUM OF BLACK HISTORY
From:
Jim Wall
Date:
June 5, 2001
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 thatthe 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 toncern 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 tbat the City audit address all grant fl,lnds. Therefore, please note the
language included in paragraph 3.
[ 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.
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
July 16, 2001
Ms. Christine Betts, Executive Director
Lucy C, Laney Museum
1126 Phillips Street
Augusta, Georgia 30901
Dear Ms. Betts:
Enclosed is a Grant Agreement and a Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through'
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies.
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
ULMER BRIDGES
.JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WiLLIAM B. KUHLKE, JR,
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
WM. "WILLIE" H. MAYS, III
Mayor Pro Tem
MEMORANDUM.
To:
LUCY CRAFT LANEY MUSEUM OF BLACK HISTORY
From:
Jim Wall
Date:
June 5, 2001
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, slI1ce 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 cer1ification, please call me.
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
MEMORANDUM
TO: Honorable Charles W. Walker, Senate Majority Leader
FROM: Lena J. Bonner, Clerk of Commission
DATE: Augusta 31, 2001
SUBJECT: Fiscal Year 2002 Local Assistance Grant Awards
Enclosed are the following grant awards representing total payment of their FY2001-
2002 State of Georgia appropriations through the Georgia Department of Community
Affairs Local Assistance Grant Program.
. ORGANIZATION GRANT NO. AMOUNT
Neiqhborhood Improvement' 02-C-L-133 & '742 $30,000
Koinonia Community 02-C-L-699 $50,000
Development Corp d/b/a/
East Augusta Learning
Center
Delta Leadership Proqram 02-C-L-772 $20,000
CSRA Transitional Center 02-C-L-131,736 $45,000
National Legacy . 02-C-L-617 $100,000
Foundation
CSRA Economic 02-C-L-65:5 $50,000
Opportunity
If I can be of further assistance, please feel free to call.
Picked up by /~ ~;;;-/
Date .9,q/LJc.l/ r .
-1" _t
GEORGIA DEPARTlVlENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMl\USSIONER
July 9, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Mayor
Augusta/Richmond County
530 Greene Street
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 2002 State Budget. The attached contract when executed commits
state funds for Youth Leadership operational expenses for CSRA Economic Opportunity Authority 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 rrohibition 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
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full 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.
JHJj a
Enclosure
cc: Richmond County Legislative Delegation
();l-CL-&(;; ~
eaUAL HOUSING ~
OPPORTUNITY L::J
60 Executive Park South, N.E. · Atlantal Georgia 30329-2231 · (404) 679-4940
www.dca.state.ga.us
All Equal Opporflllliry Employer
@ Recycled Paper
-
"
AUGUSTA-RicHMOND COUNTY COMMISSION
..
060466
.DESCRIPTION . ::/. ,P,O"NUMBER, INVOICE:NUMBER INVOICE AMOUNT .... ". ...': 'NETCAMOUNT
iJOCAL ASST GRANT AWARD 02CL655 50,000.00 0.00 50,000.00
\
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
060466 08/31/01 50,000.00 0.00 50,000.00
..",.
. . . ). .
C~lfilf~l
AUGUSTA;' GEORGIA'::- .
1110 b 04 b b III I: 0 b ~ ~ 0 Ll 7 5 I: b 8 ~ 0 ~ 4 8 ~ 9 4111
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Grant No. 02-C-L-665
Page 1 of 5
STATE OF GEORGIA
COUNTY OF DEKALB
STATE OF GEORGIA
DEPARTMENT OF COMMUNITY AFFAIRS
AGREEMENT FOR GRANTING OF STATE FUNDS
o
THIS AGREEMENT entered into this 2nd day of July, 2001. 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 oro.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 arid 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 ]~xhibit A. which is incorporated herein by
reference and made a part of the Agreement.
I 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
principles. Any funds not expended for the purposes provided herein shall be retumed to the
Department. no later than completion of the project.
i 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:
. l
$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.
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Grant No. 02-C-L-665
Page 2 of 5
, 5. Conflicts of Interest; The Recipient warnmts 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 th(~ 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. 936-81-8.1 with respect to the completion and submission tothe 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.
1
I
. 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
DepaJ;tment 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
.r:esponsible 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.
;'-...
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Grant No. 02-C-L-665
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; (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 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. Atry Gen. Atry 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" cilso relate to "a distinct organization." with "a common system of
faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar
meaniryg related to "organization." but may also mean a "custom, practice, relationship, or behavioral
pattern of import~ce 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 Recipienrs acceptance of tlle 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.
[~xecution-s on following page]
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Grant No. 02-C-L-665
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:
Federal Employers lD Number:
5'8'- ;l dO V;) 1 '-/
Attachments: Exhibit A. "Scope of Services"
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Grant No. 02-C-L-665
Page 5 of 5
EXHIBIT A
The Local Assistance Grant shall be used by Augusta-Richmond County for Youth Leadership,
operational expenses for the CSRA Economic Opportunity Authority 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 mi.med
program. If the appropriation specifies not only an implementing entity but also a use of
funds by th'e 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
Redpient 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.
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STATE OF GEORGIA )
RICHMOND COUNTY ) GRANT AGREEMENT
THIS AGREEMENT, made and entered into thiS~ day of June, 2001, 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 ECONOMIC OPPORTUNITY AUTHORITY
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:
I. 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 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 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, 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
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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
I ights, 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;
o
Storm water and sewage collection and disposal systems;
o
Development, storage, treatment, purification, and distrib,ution of water;
o
Public housing;
o
Public transpol1ation;
~'
Libraries, archives, and at1s 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. ORGANIZA nON 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 AUGlUST 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 ofthese
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 AUGUST A documentation of Fund use or a copy of audited financial statements until all expenditures of
2
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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
ORGANIZA TION 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
provideclunder the Grant may be a public record subject to Georgia's Open Records Act (O.C,G.A. S 50-18-70, et seq.).
ORGANIZA TION 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
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,1"J
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, Ci~y 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.
I O. 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 shaIl refund or
reimburse to AUGUST A any monies paid pursuant to this Agreement.
12. AIl claims, disputes and other matters in question between the AUGUSTA and
ORGANIZA TION 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 COLut of Richmond County, Georgia.
4
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13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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:
It "'X)1Ci, - c:7 ") (.> 't-
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.
AUtlRG:
~ As its Mayor
CSRA ECONOMIC OPPORTUNITY AUTHORITY
ORGANI A TION
e (!..u; inu... ~
ATTEST: ~
Title: -----'-------
Sworn to and subscribed
before me this~day of
<hc.li ' 200 I.
N~~<
My Corpmissiop Expires: / {
rt~ Dl.C- .~O ():r.
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ATTEST:
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5
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L, COLCLOUGH
WILLIAM B. KUHLKE, .JR,
STEPHEN E. SHEPARD
MARION WILLIAMS
BOB YOllNG
Mayor
P.O. Box 2. J 25
454 GREENE STREET
AUGUSTA, GA 30903
Bus, (706) 821-2438
FAX No: (706) 722-5984
E-MAIL: JWALL@CO.RICHMOND.GA.US
GEORGE R. KOLB
Administrator
WM. "WILLIE" H. MAYS, III
Mayor Pro Tem
MEMORANDUM
To:'
CSRA ECONOMIC OPPORTUNITY AUTHORITY
From:
Jim Wall
Date:
June 7, 2001
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 ,\S 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 ill paragraph 3.
I have attached two copies of the contract, sll1ce we must provide one copy to DCA. The
remaining copy is for the City's records:
Please execute both copies orthe contract in order that they Illay be returned to me. Further, if
you should have any questions concerning either the scope of services or the certification, please call me.
.'--1-
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--~---~~--=-
_n ,AugUSta---R_i~Jimon~ ~unty_-:
FinanC?e ~~p~rtment
Memo
To: State Grant Recipient
From: AI Denis, Grants Manager
cc: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
In accordance with grant agreement ~-C-L-~it is acknowledged that upon
request the Recipient agrees to provide the Department with' any information,
documents andlor photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") deems
necessary to monitor performance of this Agre!ement. 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, untiL such. findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a. time
will be arranged in which to review documentation of fund usage or a copy of an
aUdit~~ statement which ~ncl~ expenditures of Agreement funds.
Nam ~ CA-- i- ~. Telephone No.\zo0 7JJ.-OLf7 3
Sign ture. ... .
(Please print) Gj 0 ru ~. ~. /.; e-W l . ~
Address10 '66 ~ [D (0 <.f h., r t<A ~ ( G 6t 307 0 3 - d--- 70 lj-
. Page 1
, ,;,
GEORGIA DEPARTlVIENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
August 22, 2001
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
, Dear MayorYoung:
Roy E. Barnes
GOVERNOR
Enclosed is a check in the amount of $351,000 representing payment for the following Local
Assistance Grants:
J!p;tt. ~--Hjo&rJAJrantNo. 02-C-L-112 $ 21,000~rant No. 02-C-L-559
7!.q4;~~ tf;t;Grant No. 02-C-L-131 $ 5,000 Grant No, 02-C-L-61O
~~~ Grant No. 02-C-L-246 $ 10,000 Grant No, 02-C-L-617
'&~d.J)j.l~ Grant No, 02-C-L-288 $ 5,000 Grant No. 02-C-L-665
lJiJ)diAv ~ Grant No, 02-C-L-390 $ 25,000 Grant No. 02-C-L-736
tu'1:~ ,Grant No. 02-C-L-558 $ 25,000 Grant No, 02-C-L-772
Also enclosed are copies of the executed contracts 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 I, 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,
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,
~~
Jim Higdon
Commissioner
JHJja
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
Office of The Clerk of com~n
,
(
.
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,
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Lena J. Bonner, CMC
Clerk of Commission
, Room 806 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
(706) 821-1820 - FAA (706) 821-1838
Nancy Morawski
Deputy Clerk
MEMORANDUM
TO:
Ms. Donna Williams, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
August 24, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $351,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
GRANT NUMBER
02-C-L-112
02-C-L-131
02-C-L-246
02-C-L-288
AMOUNT
$21 ,000
$ 5,OOQ'u,..."""
$10,Oen
$ 5,000
02-C-L-390
02-C-L-5!58
02-C-L-559
$25,000
$25,000
$25,000
$25,000
$100,000
02 -C-L-61 0
02-C-L-617
02-C-L-Ei55
$50,000
02-C-L--r36
02-C-L-772
$40,000
$20,000
As you know, these monie,s represent total grant award for each recipient.
Thank you.
Enclosure: Check
DEPARTMENT OF COMMUNITY AFFAIR~;
ATLANTA' ,GA'
BANK 1100-1'000
0000050120
, ,08/22/2001
$351:,000\ 00
Page o oil OF 001
..vendorN~j: ,.000001~27
vendor:lam~' BO.,RO OF COMMISSIONERS
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INVOICE
NUMBER
, . \
'02,..C-L-112
:02-C-L~131'
,. 02.-C-L-246
i02-C-L-288'
:'02'-C-L-390
:02~C-L-558 '
:02-C-L-559
\,02-C-L-610:
".02- C - L - 6,17'
\02-C~L-665,
'.,02-C,-L-736
.' 02- C - L - 7.72
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POYi.,EXoctly
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, " ,Check. No: ,
" 'CheckDate,: '
...'Check'Total:
AMOUNT
PAID
DISCOUNT
TAKEN
GROSS
AMOUNT
,21,000.,00
, 5,000,00
10,000,00
, 5,000.00
25,000,00
:25,000,00,
,25,000,00
25000 00'
100: 000:00,
50,000;00
40,000:,00.
, 20:,000,00
0,00,
'0"
, '0,
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21 ,000,00
, 5,000.00
..10,000 :'00
5,000',00
'25,,000 :,00
',', 25,000.00
. '25,000,00
25,000'.00
100,,000',00
, " 50 ;000" 00
,; :40 ,000:,00
,;20;' 000'.,00
INVOICE
DATE
08/21/2001 000b284~3
08/21/2001 000028476
08/21/2001 , "000028474
'08/21/2001. 000028466
08/21/.200:1 0000284.72'
08/-2:1/200,1" ,000028469,
,08/21/2001 00002847'1;,
08/2'1'/.2001: 000028467;
08/2'1/2001:. '000028468:'
08/21/200,1" .'000028478:,
',08/2:1:/200'1".< ',000028'4;77.
08/2'1:/2001,: '. 000.028475,:
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DEPAR',T.MEN'I'J:',OF '. COMMUN:I.'!W:.<t,FEA:! R'Sf'~!~:'"
<,,60' EXE'CUT.;lVE:-:\':ARK SOUTH!<'N{:E:, ~,..W,
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Office of The Clerk of Commission
Lena 1 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
July 16, 2001
Honorable Charles W. Walker, Majority Leader
P.O. Box 1282
Augusta, Georgia 30903-1282.
Dear Senator Walker:
Enclosed are Grant Agreements and Monitoring and Auditing Agreements between the
enclosed local grant recipients, and the City of Augusta, which is needed for the
disbursement of their Local Assistance Grant Awards from the Georgia Department of
Community Affairs from the Fiscal Year 2002 State Budget that were made possible
through your efforts.
As you are probably aware, DCA will no longer require the completion of grant
applications by the agencies and will be dispersing 100% of the grant awards initially.
The Mayor has executed the State Contracts on behalf of the city and we have returned
them to DCA. Please have the agencies execute both agreements and return promptly
to my attention so that the disbursements can be handled expeditiously once we receive
the grant monies.
Should you have any questions or need any additional information, please feel free to
. call me at 706-821-1820.
~/tk
Lena J~((f
Clerk of Commission
Enclosures:
/;;
-,
-
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Charles W. Walker
District 22
Post Office'8ox 1282
Augusta, Georgia'. 30903-1282
'.
District: (706) 722-4222
Capitol: (404) 656-0040
Fax: (404) 651-5588
COMMITTEES:
Appropriations. Secretary
Education, Ex Officio
Finance and Public Utilities, Ex Officio
Health and Human Services, Secretary
Insurance and Labor, Ex Officio
Natural Resources
Reapportionment
Retirement, Ex Officio
Rules
State and Local Governmental
Operations, Ex Officio
Transportation, Ex Officio
MAJORITY LEADER
The State Senate
. Atlanta, Georgia 30334
May 1,2001
Ms. Lena Bonner
Clerk of Commission
530 Greene Street
Augusta, GA 30911
Dear Ms. Bonner,
Please schedule the following grants for approval at the next County Commission meeting or as soon
as possible. Upon approval of the County Commission, please forward all the necessary paperwork
to this office so that we can contact the grantees. Listed below are the following grants that where
approved by the Georgia General Assembly, which will go into effect,July 1,2001.
I'Augusta Museum of History
560 Reynolds Street
Augusta, GA 30901
Contact: Julian Osbon (706) 821-3600 x113
Grant Amount: 25,000.00
IBe~lah Grove Community Resource Ctr
1446 Linden Street
Augusta, GA 30901
Contact: Dr. Sam Davis (706) 722-4999
Grant Amount: 35,000.00
,
I CSRA Economic Opportunity Authority ~
1261 Green Street
Augusta" GA 30903
Contact: Gloria Lewis (706) 823-6900
Grant Amount: 50,000.00
v6SRA Transitional Center, Inc
1345 Druid Park Avenue
Augusta, GA 30904
Contact: Dr. Charles Bartholomew (706) 738-5060
Grant Amount: 40,000.00
~ational Legacy Foundation, Inc.
P.O. Box 15297
Augusta, GA 30919
Contact: Dr. Eddie Cheeks (706) 667-8979,
Grant Amount: 100;'000.00
V;;eighbOrhOOd Improvement Project
1446 Linden Street
Augusta, Ga 30901
,Contact: Melinda Rider (706) 790-4440
Grant Amount: 20,000.00
~outhside Tutorial Program
'1930 Olive Road
Augusta, GA 30906
Contact: Mary Bogan (7.06) 733-1270
Grant Amount: 30,000.00
JTerrclce Man~r Elementary SchOO" ~.()-;
'3100'Tate Road
Augusta, GA 30906
Contact: Dr. Ernest James (706) 796-4910
Grant Amount: 5,000.00
'u
District: (706) 722-4222
Capitol: (404) 656-0040
Fax: (404)651-5588
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Page 2
.; Delta House, Lucy Laney Museum
1126 Phillips Street
Augusta, GA 30901
Contact: Christine Betts (706) 724-3576
Grant Amount: 75,000.00
16elta leadership Training Program
1126 Phillips Street
Augusta, GA 30901
Contact: Christine Betts (706) 724-3576
Grant Amount: 20,000.00
. JEdward Murphy Middle School ~()f
, 2610 Milledgeville Road
Augusta, GA 30906
Contact: Dr. Eleanor Hopson (706) 737-7350
Grant Amount: 5,000.00
J Augusta Child Advocates
P.O. Box 3347
Augusta, GA 30914-3307
Contact: Julie Bloodworth (706) 737-3006
Grant Amount: 100,000.00
./CSRA Business League
1208 Laney Walker Blvd
Augusta, GA 30901
Contact: Kathy Maness (706) 722-0994
Grant Amount: 50,000.00 '.
.qx)
Senator Charles W. Walker
;-
1
Office of The Clerk of com~n
,
Lena J. ~onner, CMC
Clerk of Commission
Room 806 - Municipal Building
530 Greene Street - AUGUST AI GA. 30911
(706) 821-1820 - FAX (?06) 821-1838
Nancy Morawski
Deputy Clerk
MEMORAND\JM
TO:
Ms. Donna Williams, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
August 24, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $351,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following' Local
Assistance Grant recipients:
GRANT NUMIBER
02-C-L-112
02-C-L-131
02-C-L-246
02-C-L-288
AMOUNT
$21,000
$ 5,009.,,,,..,,.,,
$10,0C:)
$ 5,000
$25,000
$25,000
, $25,000
$25,000
$100,000
02-C-L-390
02-C-L-5~j8
02-C-L-559
02-C-L-610
02-C-L-617
02-C-L-655
$50,000
02 -C-L -7'36
02-C-L-772
$40,000
$20,000
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
Page .001 OF -:101
Vendor No: 0000013727'
"Vendor Name: BOARD OF COMM I 5S lONERS
~
INVOICE
NUMBER
02:-C-L-112
: 02-C-L-131'
02-C-L-246'
'02-C'-L-288'
:02'-C-L-390
:'02-C-L-558.
.02-C-L-559.
,,02-C-L"'610:
;02- C -L -6,17 .
~ 02-C-L-665,
'02"'C.-L-736
',02:-C-l.;-7.72
V I M I C. vr u~vnUIf"'\
DEPARTMENT OF COMMUNITY AFFAIR~
ArLANa, GA
. Check. No: ,
Check,Date;
"Check Total:
. 0000050120
'08/22/2001
"$351',000..,00
INVOICE
DATE
BANK 1100 - 1,000
GROSS
AMOUNT
21 ,000,00
. 5,000,00
10, ClOO , 00
5" ClOO, 00
25,000,00
25,000,00,
,25, ClOO, 00
25:,000':,00'
100,000,00
50. 000" 00
40: 000': 00
20',000.00
DISCOUNT
TAKEN
AMOUNT
PAID
21 ,000 , 00
. 5',000.00
10,000,00
, 5,000',00
'25,000,00
"',,25,000.00
, . 25,000. 00
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STATE OF GEORGIA )
RICHMOND COUNTY ) GRANT AGREEMENT
THIS AGREEMENT, made and entered into thiS....!> day of June, 2001, 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");
WIT N E SSE T H:
.~rns"~H.~r-
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; aiid~-"
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 CONSIDERA nON of the mutual covenants and agreement
between the parties, it is agreed as follows:
]. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION
accepts, the sum of$2],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
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Police and fire protection;
o
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Garbage and solid waste collection and disposal;
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;
Codes, including building, housing, plumbing, and electrical codes; or
A ir qual itycontrol
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 appiicable 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 AUGUST A documentation of Fund use or a copy of audited financial statements until all expenditures of
2
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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 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
ORGANIZA TION 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 ]/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 ~ecord 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. ORGANIZA TION 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
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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 i"ndicated 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
>J
purposes, for the public worship of God.:::,J53' Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct
~1 ,i ;-~: . .
organization," with "a common system offaitli~""holding sentiments or doctrines" which distinguish it. "lnstitution"
" iV,'
may have a similar meaning related to "org~ni~{!tio,i)," but may also mean'a "custom, practice, relationship, or behavioral
ili.; "i" ':
pattern of importance in the life of a communitY or society." The American Heritage Dictionary Second College Edition
666 (1982). 1n other words the grant recipier~ts 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 il~ God or other supernatural beings" and ORGANIZATION hereby
".1.
certifies to AUGUST A that it is not so,organized and that it is not a religious ORGANIZATION as defined
above.
I
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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,
ORGANIZA TION 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 pursuantto 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.
4
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....
, .
13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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.
~iJ.
~
GOOD HOPE SOCIAL SERV CES
Q NIZA TION
~
ATTE~~Ai.7
TItle: . _
Sworn to and s1~ibed
b re this day of
,2001.
N tary u c
rM~r~~mlJl.;i,s~j9~'{~xpit~sljlty, Georgia
M~ Commission I;;.xplrcs D<lC. 27. 2003
5
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Grant No. 02-C-L-1l2
Page 1 of 5
STATE OF GEORGIA
COUNTY OF Df1KALB
STATE OF GEORGIA
DEPARTMENT OF COMMUNITY AFFAIRS
AGREEMENT FOR GRANTING OF STATE FUNDS
THIS AGREEMENT entered into this 2nd day of Jl,lly, 2001, by and between the Department of
Community Mfairs 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 $21,000 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:
$21.000
Within twenty days of the Department's receipt o(the executed
Agreement. .
$21,000
Total Disbursement
4. Applicable Dates. The effective date of this Agreement is specified on page one.
...
[;~
Grant No. 02-C-L-1l2
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 ~45-10-28 and O.C.G.A. ~36~61A-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 Bindint! 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. ~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.
, ~~
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Grant No. 02-C-L-112
Page 3 of 5
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.
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 ofthis 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\-
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Grant No.. 02-C-L-1l2
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:
Federal Employers ID Number:
5??-d-~Mr;
Attachments: Exhibit A. "Scope of Services"
\ .
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Grant No. 02-C-L-112
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 for summer and after-school tutorial programs 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 prtvate entIty, or the private entity that conducts the named
program. If the approprtation 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
histortcal society. An appropriate implementation might be a contract for services in which
the histortcal society promises that its histortcal 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 il1~strations 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.
I ..
. 1--
AUQusta!"Richmond Countv--
j.
, Fin~nce Department
I. .-
Memo
To: State Grant Recipient .
From: AI Denis, Grants Manager
cc: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
pt1J
In accordance with grant agreement -d2::C-L- //~, it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
. departments, agents, or employees (hereinafter collectively. "Grantor") 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation oflhe Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation of fund usage or a copy of an
au . ancial statem nt hich includes expenditures of Agreement funds.
Telephone N6~q tJ. G - 12 1. ,2-71 9
(Please print) .
Address ~,?" F- L'dl>-t. >i- ~'-~. . (9~ 30> q'
, c), f{;fJ)p;J-J<?J -; 31J'1 (t) '3
. Page 1
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 31, 2001
Good Hope Social Services
Dr. Johnny .R. Hatney, CEO
710 E. Cedar Street
P.O. Box 2545
Augusta, Georgia 30903
Dear Dr. Hatney:
Enclosed is a check in the amount of $21,000 representing total payment of your
FY2001-2002 State of Georgia appropriations through the Georgia Department of
Community Affairs Local Assistance Grant Program No. 02-C-L- 112.
If I can be of further assistance, please feel free to call.
~e truly yours, ..
1jl~
Eena ~~
Clerk of Commission
Enclosure:
AUGUSTA-RICHMOND COUNTY COMMISSION
060534
'.. : ,:, .DESCRIPTION '. P.O:NUMBER: INVOICENUMBER.. INVOICEAMOUNr:" .. NEFAMOUNT. .:
eLJOCAL ASST GRAN"T AWARDS OS2401A 21,000.00 0.00 21,000.00
.
)
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
060534 OS/31/01 21,000.00 0.00 21,000.00
.,;:"
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III [) b 0 5 l 1...111 I: 0 b ~ ~ 0 ~ l 7 5 I: b 8 l 0 ~ I... 8 l g 1...111
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDG~;S
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE. JR.
STEPHEN E. SHEPARD
MARION WILLIAMS
BOB YOUNG
Mayor
P.O. Box 2125
454 GREENE STREET
AUGUSTA, GA 30903
Bus. (706) 821-24811
FAX No: (706) 722-5984
E-MAIL: JWALL@CO.RICIIMOND.GA.U5
GEORGE R. KOLB
Administrator
WM. "WILLIE" H. MAYS, HI
Mayor Pro Tem
MEMORANDUM
To:
GOOD'HOPE SOCIAL SERVICES
From:
Jim Wall
Date:
June 5, 2001
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 ben~fit 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 sl~cond 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, slllce 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.
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 9, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Mayor
Augusta/Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
I am pleased to advise you that $21,000 in Local Assistance funds for AugustaJRichmond County
has been included in the Fiscal Year 2002 State Budget. The attached contract when executed commits
state funds to contract for services with Good Hope Social Services for summer and after-school tutorial
programs 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
both copies to me. I will then sign fot the Department and return a copy to you along with a check
representing the full 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 hav~ any questions, 'please feel free to call Bobby Stevens at (404)
679-4943.
Sincerely,
'~/ .'
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, I
". . Jib! Higdon
Commissioner
EQUAL HOUSING ~
OPPORTUNITY L.:J
JH/ja
Enclosure
cc: Richmond County Legislative Delegation
tJ)- t' ~I/ oZ
60 Executive Park So.uJh, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940
www.dca.state.ga.us
All Equal Opportunitv Emplover
@ Recycled Paper
.:
Office of TheCJerk 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, Interim Finance Director
FROM: Lena J. Bonner, Clerk of Commission
DATE: September 4, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $190,000 from the Department of Community
Affairs. Please -issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
ORGANIZATIONS GRANT NUMBER AMOUNT
Auqusta Opera 02-C-L-590 $25,000
. Auausta Recreation Dept. 02-C-L-128 $ 5,000
Auqusta Players 02-C-L-591 $10,000
Auqusta Cotton Exchange 02-C-L-944 $50,000
Delta House Laney 02-C-L-660 $75,000
Museum
Augusta Museum of History . 02-C-L-587 $25,000
Augusta Youth Center' 02-C-L-602 $5,000
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
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 6,2001
Mr. William W. Moore, President
Augusta Cotton Exchange
32 Eighth Street
Augusta, Georgia 30901
Dear Ms. Moore:
Enclosed is a check in the amount of $50,000 representing total payment of your
FY2001-2002 State of Georgia appropriations through the Georgia Department of
Community Affairs Local Assistance Grant Program.
If I can be of further assistance, please feel free to call.
Enclosure:
~;~~edU~~
~ - - . - ;.
STATE OF GEORGIA )
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this~ day of June, 2001, 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 COTTON EXCHANGE MUSEUM
hereinafter referred to as the "ORGANIZA TION");
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:
I. 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
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 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
~
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;
/
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. ORGANIZA TION 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 AUGUST A upon request. ORGANIZATION further agrees that an accounting ofthese
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
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"
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, 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 Gran! 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. ORGANIZA TION 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. Ci~y 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 (I 982). 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. lfat the time oftennination, any funds under this Agreement have not been
disbursed to the ORGANIZATION, said funds shall be retained by the City.
1 I. In addition to the indemnification provision set forth in paragraph 4 hereof,
ORGANIZA TION agrees that this Agreement shall terminate should it be determined the Grant from the State to
AUGUSTA is in violation ofany 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 TION arising out of or relati ng 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.
4
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13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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 COTTON EXCHANGE MUSEUM.
~v~~r;f qt !2Jverwqlk...
.JDt!)/
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 COTTON EXCHANGE MUSEUM
ORGANIZATION
By: /AI {L~t- W, ~
A. 0 I. e.
S1~/~"~
ATTEST: ' V
Title: -I'Ai l~
Sworn to and subscribed
before }TIe this;} &:) day of
;4 .~
Notary PUbli~
'\ - MyCommission Expires:
_ MJ CQ~~i~~i{)n exoires May 8, 2005
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5
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Grant No. 02-C-L-944
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 2nd day of July, 2001. 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 $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 sched)lle:
$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. 02-C-L-944
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 845-10-28 and O.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 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 l?een 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.I 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 tbis 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. 02-C-L-944
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 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]
,~,
;11'
Grant No. 02-C-L-944
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as. of the date first written
above. .
FOR THE RECIPlENT
By:
Federal Employers ID Number:
5802204274
Attachments: Exhibit A. "Scope of Services"
FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS
By:
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Grant No. 02-C-L-944
Page 5 of 5
EXHIBIT A
The Local Assistance Grant shall be us.ed by Augusta-Richmond County for the Augusta Cotton
Exchange Museum.
. 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.
"
~_ '" 7
- -----+--.----,.. - . - -
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_ ..AUg~Ri~ll~qn~ ~untv-_
Finance ~~partment .
Memo
To: State Grant Recipient
From: AI Denis, Grants Manager
CC: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
In accordance with grant agreement ~2-C-L-,jq, it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until suchfindingsare resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation of fund usage or a copy of an
audited financial statement which includes expenditures of Agreement funds.
Namef(J(~ VU ~. Telephone No. Sb.q-G,~~"'2~()I-/
Signature
(Please print) _l0 i J / i q rn W. ff7 0 0 r~
Address
r Augusta Cotton Exchange Museum, Inc.., y
Historic Cotton Exchange Building
32 Eighth Street at Rivemalk,
Augusta, Georgia 3090]
. Page 1
"
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AUGUSTA-RICHMOND COUNTY COMMISSION
061077
'., DESCRIPTION '::_~ : . .. . . '.'P.O;:NUMBER" ',INVOICE.NUMBER. INVOICEAMOUNT:. . 7 -- . -NET/AMOUNT .,.
8 RA.1\JT AWARDS 090701 50,000.00 0.00 50,000.00
- -- .. .- -- -. --
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
061077 09/07/01 50,000.00 0.00 50,000.00
II- 0 b ~ 0 7 7 II- I: 0 b ~ 0 0 0 2 2 7 I: 2 0 8 0 0 0 0 7 0 2 8 7 b II-
GEORGIA DEPARTlVIENT OF
COMMUNITY AFFAIRS
Jim Higdon
COl\'IMISSIONER
Roy E. Barnes
GOVERNOR
September 5,2001
HonorableBob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $190,000 representing payment for the following
Local Assistance Grants:
Grant No. 02-C-.L-587
Grant No. 02-C-L-590
Grant No. 02-C-L-591
Grant No. 02-C-L-602
Grant No. 02-C-L-660
Grant No. 02-C-L-944
$25,000 AG /f!C/SEll A.
$25,000!1zt6 t1fJt::.~/t
$10,000 ~ .pL(+-tIc..~5'
$ 5,000 /1u~ 2(rflImCrt
$75,000~c-"Z.r.4 fiJus/::- ~ ~k+IYEl.( 41~EJI~
$50,000 1r1fC,.(JJ 77e)/v €'(c~,;'
Also enclosed are copies of the executed contracts 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 couid result in a forfeiture of
the grant and a mandatory return of the funds to the State. If yo~ have any questions about
these reporting 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,
(;LHr
Jim Higdon
Commissioner
JHJja
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
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GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 9, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Mayor/Chairman
Augusta/Richmond County Commission
530 Greene Street, Room 801
Attn: Ms. Lena Bonner
Augusta, Georgia 30911
Dear Mayor/Chairman Young:
I am pleased to advise you that $50,000 in Local Assistance funds for the City of Augusta has been
included in the Fiscal Year 2002 State Budget. The attached contract when executed commits state funds
for the Augusta Cotton Exchange Museum.
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
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full 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,
Q~
Jim Higdon
Commissioner
JH/ja
Enclosure
cc: Richmond County Legislative Delegation
iJ;2- C-I-fftf
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 Mayor
Bob Young, Mayor
goom 806, Municipal Building
530 Greene Street, Augusta, GA 30911
(706) 821-1831 - FAX (706) 821-1835
E-mail: mayoryoung@co.richmond.ga.us
July 23,2001
HonorabLe Jim Higdon, Commissioner.
Georgia Department of Community Affairs
60 Executive Park South, N.E.
Atlanta, Georgia 30329
Dear Commissioner Higdon:
EnCLosed are executed DCA Agreements for the following fiscal year 2002 Augusta-Richmond
County grant recipients:
ORGANIZATION GRAt~T NO. AlVIOUNT
Augusta Opera 02-CL-590 $25,000
Augusta Museum 02-CL-587 $25,000
Delta House 02-CL-660 $75,000
Augusta Youth 02-CL-602 $ 5,000
Augusta Players 02-CL-591 $10,000
Augusta Cotton 02-CL-944 $50,000
Exchange Museum
As always, we appreciate your continued assistance in the administration of Augusta's grant
awards.
- \1
~?
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
July 16, 2001
Mr. Bill Moore, President
Augusta Cotton Exchange Museum
32 Eighth Street
Augusta, Georgia 30901
Dear Mr. Moore:
Enclosed is a GrantAgreement and a Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies.
Should you have any questions or need any additional information, please feel free to
call me at 706-821-1820.
Very truly yours,
!i!?iM~
Clerk of Commission
Enclosures:
-4-
. '
~
\'
AUGUSTA-RICHMOND COUNTY COMMISSION
I
JAMES B. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR.
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
WM. "WILLIE" H. MAyS, III
Mayor Pro Tem
MEMORANDUM
To:
AUGUSTA COTTON EXCHANGE MUSEUM
From:
Jim Wall
Date:
June 5, 2001
The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community
Affairs, o'n 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 COllnty 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 n:tay be reasonably
necessary ~o enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your
organiza~ion 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 alldit address all grant funds. Therefore, please note the
language included in paragraph 3.
I have attached two copies of the contract, Sll1ce 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 concern ing either the scope of services or the certification, please call me.
Augusta Cotton Exchange Museum
Historic Cotton Exchange Building
32 Eighth Street at Riverwalk
Augusta, Georgia 3090 I
U.S.A.
Phone (803) 648-2804
Fax (803) 649-3188
BY CERTIFIED MAIL
Office of the Clerk of Commission,
Augusta Georgia,
Room 806, Municipal Building,
530 Greene Street,
Augusta, Georgia 30911
ATTENTION: MS. LENA 1. BONNER
Dear Ms. Bonner:
Re: Grant Agreement & Monitoring and Auditing Agreement
Local Assistance Grant Award/Georgia Department of Community Affairs
Fiscal Year 2002 State Budget
Please find enclosed the two (2) agreements, as described above, which have been
duly executed.
Sincerely,
. AUGUST A COTTON EXCHANGE MUSEUM .
w~ tV. ~
by: William W. Moore, President
Enclosures
J-..
'~
STATE OF GEORGIA GRANT CERTIFICATION FORM
7.
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 c,opy of the annual audit report. Questions concerning the preparation
and submission of this fOfm 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 20f this fonn. Please note that one fonn should be used for
each 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 Fonn (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 tenns 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 perform 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 form and the accompanying Independent Acco~ntant' 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@mai1.audits.state.ga.us
'i1'
~
STATE OF GEORGIA GRANT CERTIFICATION FORIYl
A Local Government
B information For Year Ended
. I
C State Awarding Agency
,
D. Grant Identification Number
E Grant Title
F Grant A ward Date
G Grant Amount
H Balance - Prior Year (Cash
or Accrued or Dererred
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 f.~ilure 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
~
7.
Independent Accountant's Report
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 yearended
[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 resp?nsible for [nqme of government]'s compliance with this requirement. Our
responsibility is to 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 of government]'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.
c', ,Ii
.V
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, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
August 7, 2001
. .
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $150,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
ORGANIZATION GRANT NUMBER AMOUNT
Weed & Seed Proqram 02-C-L-241 $10,000
South Augusta Little 02-C-L-605 $20,000
Leaque
Southside Tutorial 02-C-L-614 $30,000
West Augusta Little Leaoue 02-C-L-616 $20,000
East Augusta Learnina Ctr. 02-C-L-699 $50,000
Southeastern Burn 02-C-L-732 $20,000
Foundation
As you know, these monies r~present total grant award for each recipient.
Thank you.
Enclosure: Check
r=-
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Page 001 OF' 001
Vendor No: 0000013727"'" . .
Vendor Name:'.' BOARD OF 'COMMISSIONERS:.
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02.~C-L-699t.;:
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,
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMESB. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
,JERRY BRIGHAM
HENRY I-I. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM H. KUHLKE, JR.
STEPHEN E. SIlEPARD
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
WM. "WILLIE" H. MAYS, III
Mayor Pro Tem
MEMORANDUM
To:
AUGUST A WEED & SEED PROGRAM
From:
Jim Wall
Date:
June 5, 2001
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 fora 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 corlt.:act, s1I1ce we must provide one copy to DCA. The
remaininKcopy is for the City's rec~~ds_. .
Please execute both copies of the-contract in_order that they may be returned to me. Further, if
you should have any questions conce~ning either:-thescope of services or the certification, please call me.
-.
,-
...
. ~.
~!
GEORGIA DEPARTMENT OF
COMMUNITY.AFFAIRS
Jim Higdon
COMMISSIONER
July 9,2001
Roy E. Barnes
GOVERI"OR
Honorable Bob Young
Mayor
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 2002 State Budget. The attached contract when executed commits
state funds to purchase computers for Augusta/Richmond County Weed and Seed literacy 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
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full 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,
~.
l"----
Ji Higdon
Commissioner .
JHlja
Enclosure
cc: Richmond County Legislative Delegation
o :J-..,c L- :u! I
EQUAL 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
"
.~
7\ ~
"
"
-;-;
Grant No. 02-C-L-241
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 2nd day of July, 2001, 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 8updivision 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 mu.tual 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. 02-C-L-241
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 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. 01len 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 Partnershill. 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. 02-C-L-241
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 ch:urch, 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. AU'y Gen. No. UBB-6.
(c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court
indicated that "religious" connotes fci..ith 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
Coll~ge 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
paUern 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. 02-C-L-241
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written
above.
By:
By:
FOR THE RECIPIENT
Federal Employers ID Number:
5~ :;):;;0 Lj ;;7 <(
Attachments: Exhibit A. "Scope of Services"
"
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Grant No. 02-C-L-241
Page 5 of 5
EXHmIT A
The Local,Assistance Grant shall be used by Augusta-Richmond County to purchase computers for
Augusta-Richmond County Weed and Seed literacy program.
. 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.
;;<0-
,
..~..
STATE OF GEORGIA )
RICHMOND COUNTY ) GRANT AGREEMENT
THIS AGREEMENT, made and entered into this!i!l day of June, 2001, 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 WEED & SEED 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 AUGUST A a proposal to provide certain services as set forth in the Application for fund,ing 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 $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
perfonn the following services, which AUGUSTA has determined renders a substantial benefit to its citizens, to wit:
To provide programs for the disadvantaged, thereb~ pro~oting public health and safety, including providing
for the purchase of a new computer for the literacy 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 servic~s 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
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[I
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Police and fire protection;
[J
[(
Garbage and solie! waste collection and disposal;
Public health facilities and services, including hospitals, ambulance and emergency
rescue services, and animal control;
[J
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;
[J
Parks, recreational areas, programs, and facilities;
[]
Storm water and sewage collection and disposal systems;
[]
Development, storage, treatment, purification, and distribution of water;
[]
Public housing;
[]
Public transportation;
[]
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 ackn,owledged 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 accuratt: books, records and accounts reflecting its administration ofthe 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
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"
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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 agree~; 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 ifsuchclaims 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.
FUlther the ORGANIZA 1rION 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 ~ 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 I, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury,
3
"
... . .. ~II.
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,Jor 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. "lnstitution"
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 word:, 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 AUGUST A that it is not so organized and that it is not a religious ORGANIZATION as defined
above.
10. A UGUST A may terminate this Agreement, with or without cause, upon five business days
written notice to the ORGANIZATION.. [fat 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,
ORGANIZA TION agrees that this Agreement shall terminate should it be determined the Grant from the State to
AUGUSTA is in violation of any law orbe declared invalid for any reason, and ORGANIZATION shall refund or
reimburse to AUGUSTA allY monies paid pursuant to this Agreement.
12. AU claims, disputes and other matters in question between the AUGUSTA and
ORGANIZA TION 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.
4
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.., . . ,. \....
13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
shall 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:
AUGUSTA WEED & SEED PROGRAM.
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 WEED & SEED PROGRAM
ORGANIZATION
B~~
As its
~~ GI~
r As its Mayor
ATTEST:
Title:
ATTEST:
Sworn to and subscribed
before me this _ day of
, 2001.
Notary Public
My Commission Expires:
5
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.. Augusta~Riclimond. County_
Finance ~~partment
Memo
To: State Grant Recipient
From: AI Denis, Grants Manager
cc: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
. In accordance with grant agreem.ent 02,; -C-L~, it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, ag:ents, or employees (hereinafter collectively "Grantor") 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 sl1all be retained for at 'least three years from the completion of said
project and shall be made available to the Grantor. 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 for financial
statements until all expenditu'res of Agreement funds have been accounted for. The
Recipient acknowledges and agrees. that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, projec:t completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor,. until such findings are resolved to the satisfaction of the Grantor.
Within 90 days oJ receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation of fund usage or a copy of an
audited financial statement which includes expenditures of Agreement funds.
Name'~~ ---= Telephone No. 1(:)1...... :::unh\\e:-:).
Signature
(Please print)~\~1i=." S\~~~4i:>"""-'>
Address ~~~~ L('o,~\",,~ ~\.,,'b.. ~\')~....<:.~ c-.">.. ~~~~\:.,
. Page 1
-4-
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
August 9, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $150,000 representing payment for the following Local
Assistance Grants:
Grant No. 02-C-L-241
Grant No. 02-C-L-605
Grant No. 02-C-L-614
Grant No. 02-C-L-616
Grant No. 02-C-L-699
Grant No.02-C-L-732
$10'000r:~~~~Q&': lIMA".. A J
$20,000 ~ai(~~~
$30,000 4iiil.v&~ IJ.,
$20'000~~. ~~~~
$50,000 e:{iAi. ~ ~T ~ . :
$20,000 .J IUtt ~!l{jfr1
Also enclosed are copies of the executed contracts 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. Ifyoil have any questions about these reporting 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":494}.
Sincerely,
q~~
Jim Higdon
. Commissioner.
JHlja
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 Opportunity Employer
@ Recycled Paper
;.
Office of The Clerk of Commission
~~~
,
..
Lena J. Bonner, CMC
Clerk of Commission Room 806 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
Nancy Morawski (706) 821-1820 - FAX (706) 821-1838
Deputy Clerk
MEMORANDUM RECEIVED
..TO:H_____ Ms..Donna.Williams, Interim. Finance Director . AVG. 1 7 20-.OJ
FROM:
Lena J. Bonner, Clerk of Commission
(AUGUSTA-RICHMOND COUlflY COMMISSION!
DATE:
August 7,2001
SUBJECT: Department of Community Affairs
, Local Assistance Grant Awards
Enclosed is a check in the amount of $150,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks., to the following Local
Assistance Grant recipients:
ORGANIZATION GRANT NUMBER AMOUNT
Weed & Seed Proqram 02-C-L-241 $10,000
South Augusta Little 02-C-L-605 $20,000
Leaque
Southside Tutorial 02-C-L-614 $30,000
West Auqusta Little Leaque 02-C-L-616 $20,000
East Auqusta Learninq Ctr. 02-C-L-699 $50,000
Southeastern Burn 02-C-L-732 $20,000
Foundation
As you know, these monies represent total grant award for each recipient:
Thank you.
Enclosure: Check
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Office of The Clerk of Commission
Lena J. Bonner, CMC
Clerk of Commission Room 806 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
Nancy Morawski (706) 821-1820 - FAX (706) 821-1838
Deputy Clerk
MEMORANDUM RECEIVED
._ TO:._ ____ ______Ms.: Donna__Williams,.lnterim Finance Director _ AUG 1 7 20D1
FROM:
Lena J. Bonner, Clerk of Commission
(AUGUSTA-RICHMONDCOUNlY COMMISSlONl .
DATE:
August 7, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $150,000 from the Department of Community
Affairs. Please issue' Augusta-Richmond County checks to the following Local
Assi"stance Grant recipients:
ORGANIZATION GRANT NUMBER AMOUNT
Weed & Seed Program 02-C-L-241 $10,000
South Augusta Little 02-C-L-605 $20,000
League
Southside Tutorial 02-C-L-614 $30,000
West Augusta Little League 02-C-L-616 $20,000
East Augusta Learning. Ctr. 02-C~L-699 $50,000
Southeastern Burn 02-C-L:'732 $20,000
Foundation
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
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Vendor No; 0000013727". . ".'"
Vendor Name:: ~~:ARO> 01;' COMM r'SS I~~,~RSi
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,..'.:' <STATE OF GEORGIA . '" ,~'i-,.. "I" . .',,,: ,.:~~:.::'<....:. ..:,: ':..\,J '.~
.OEPAR.T.MENT OF COMMLJNIT.Y, AF~FA.IRS; ,';,~' c;.-Check No;.: <...'.;,:';~;',.:;.:.>:;00.000.497.78':iW
::i,,'};t,~t;:::::;o:A ", :z;;:tt~~~t=~?;~"'rl;~~i!;::~:.:~;:~~~~~.~
. GROSS;, ":,, !,'AMOUNT
:':AMOUNT' . TAKENii'~:, i~);ii,:""'i'::""'PAID:'''.''
INVOICE
NUMBER
02-C-L-241',:
02-C- 1:-605:..-
02-C-L-61'4,'
02.-C- L-699'"
02.-C-L.-732':
02,..c-T-61.6":
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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, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
August 7, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $150,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
ORGANIZA liON GRANT NUMBER AMOUNT
Weed & Seed Proqram 02-C-L-241 $10,000
South Augusta Little 02-C-L-605 . $20,000
League
Southside Tutorial 02-C-L-614 $30,000
West Auqusta Little Leaque 02-C-L-616 . $20,000
East Auqusta Learninq Ctr. 02-C-L-699 $50,000
Southeastern Burn 02-C-L-732 $20,000
Foundation
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
\
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Grant No. '02-C-L-732
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 2nd day of July, 2001, 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 $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. 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:
$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 Agree'ment is specified on page one.
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Grant No. 02-C-L-732
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 penormance 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 "Eitate
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 Agreeme~t have not been disbursed to Recipient. said funds shall be retained by the Department.
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Grant No. 02-C-L-732
Page 3 of 5
11. Satisfaction. In the event the Department deteITnines, 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; (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 betaken 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. 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. 'l11e 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 Al!reement. This Agreement constitutes the entire agreement among and
between the parties. There are no represeritations. 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]
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Grant No. 02-c-L-732
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written
~~. .
FOR THE RECIPIENT
Q~
By:
Mayor
Federal Employers ID Number:
5? -c:J:2-.atf:i 71
Attachments: Exhibit A. "Scope of Services"
By:
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Grant No. 02-C-L-732
Page 5 of 5
EXHmlT A
The Local Assistance Grant shall be used by Augusta-Richmond County to assist bum survivors and
their families 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 cot:lduct 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.
.
-;-. ,~.......
STATEOFGEORGIA )
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this--5 day of June, 2001, 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
FOUNDA nON hereinafter referred to as the "ORGANIZATION");
WIT N E SSE T H:
WHEREAS, the ORGANIZATION has submitted to the Georgia Depaltment 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 CONSIDERATION of the mutual covenants and agreement
between the parties, it is agreed as follows:
1. AUGUST A 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 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.
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
7
.,.
o
Police and fire protection;
o
/
Garbage and solid waste collection and disposal;
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. ORGANIZA TION 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 a.ccounting ofthese
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 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 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
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. 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- I 8-70, 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
..
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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 ofthe universe. The A merican 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. "lnstitution"
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 (I 982). I n 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 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,
ORGANIZA TION 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 COlinty and waives any right to contest the venue in the Superior Court of Richmond County, Georgia.
4
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13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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 FIREFlGliTERS' BURN FOUNDATION.
Jr:t/1fj:/:l!~4f k.
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.
AUG
~y:
Sworn to and subscrijJed
before me this 4.5jl~y of
~~,2001. .
13~(j) t:ij/VrJrt
Notary Public
My Commission Expires:
MY COMMISSON EXPIRES JUNE 7, 2003
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.:u .Augusta~8j~l1l1!q~cl: C9un~-
Finan~e =DFpartment
Memo
To: State Grant Recipient
From: AI Denis, Grants Manager
CC: Tammy Strange
. Date: 06/08/01
Re: Monitoring and Auditing
~
In accordance with grant agreement & -c-L-2~ it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") 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 atleast three years from the completion of said
project and shall be made available to the Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from-applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds; the department will contact you and a time
will be arranged in which tor . . documentation offund usage or a copy of an
audited fi . ans:J91 s t whi includes expenditures of AgrE;ement funds.
'tt'/7TG h~E. ,ayktP.s' /3v~AI hH#,~,t/-/ 'D~ ?-1fIC'.
Name . ------- Telephone No/Pb -~5t'...28-7~
S na. . /.. /
(Please print) ~ /11. /VElv'm;:r/V .
Address //p~ ~~/'ttA/ &#'/E.R iJR. . '/fpb'psm, r:;/f SPj1t??
. Page 1
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 22, 2001
Southeastern Firefighters Bum Foundation
3614 J. Dewey Gray, Circle
Augusta, Georgia 30909
Dear Sir:
Enclosed is a check in the amount of $20,000 representing total payment of your FY2001-2002
State of Georgia appropriations through the Georgia Department of Community Affairs Local
Assistance Grant Program.
If I can be of further assistance, please feel free to call.
J[12!~
Clerk of Commission
Enclosure:
i
AUGUSTA-RICHMOND COUNTY COMMISSION
060008
.__e'".' ~",DESCRIPTION'. . ~'::P.O:iNUM8ER;; .INVOICENUMBER" :.,'.INVOICEAMOUNT: ..... '" " .' . ^ . .~ ... ,..,....... " }::::NET:>AMOUNT....
,
3 RANT 02CL732 20 I 000 00 0 00 20 I 000 00
-
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
060008 08/17/01 2 0 I 000 00 0 00 20 I 000 00
III 0 bOO 0 a III I: 0 b ~ .~ 0 1. j 7 5 I: b a j 0 1. L. a j g L. III
1'#,
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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) 821c1820 - FAX (706) 821-1838
July 16, 2001
Southeastern Firefighters Burn Foundation
3614 J Dewey Gray Circle
Augusta, Georgia 30909
Dear Sir:
Enclosed is a Grant Agreement and a Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. Thi~ award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies.
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:
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AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY A TIORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR.
STEPHEN E. SHEPARD
MARION WILLIAMS
BOB YOUNG
Mayor
P.O. Box2l25
454 GREENE STREET
AUGUSTA,OA 30903
Bus. (706) 821-2488
FAX No: (706) 722-5984
E-MAIL: JWALL@CO.RICHMOND.GA.US
GEORGE R..KoLB
Administrator
WM. "WILLIE" H. MAyS, III
Mayor Pro Tern
MEMORANDUM
To:
SOUTHEASTERN FIREFIGHTERS' BURN FOUNDATION
From:
Jim Wall
Date:
June 7, 2001
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 (Jfohibition. 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.
.,
T.
GEORGIA DEPARTMENT OF
COMMUNITY .AFFAIRS
Jim Higdon
COMMISSIONER
July 9, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Mayor
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 Augusta/Richmond County
has been included in the Fiscal Year 2002 State Budget. The attached contra1~~.h3I}Aexe91ted c~mits ~ ~ !:-;;A.
state funds to assist bum survivors and their families in the City of Augusta. .)tJ!L,a;tt!~ bI~JMt/~
< I must call your attention to fwo 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
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full 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,
JH/ja
Enclosure
cc: Richmond County Legislative Delegation
EQUAL HOUSING ~
OPPORTUNITY L:.I
j :) -CL--73;l/
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
Jim Higdon
COMMISSIONER
August 9, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $150,000 representing payment for the following Local
Assistance Grants:
Grant No. 02-C-L-241
. Grant No. 02-C-L-605
Grant No. 02-C-L-614
Grant No:02-C-L-6l6
Grant No. 02-C-L-699
Grant No.02-C-L-732
$lO,oooJ:~k~ft&,: /!h?h. I J
$20,000 4uJi;ait~~~
$30,000 fiI.J.tW&~ IJAJ".
$20'000~~-twe~~
$50,000 tE{lAi -fit.., U'fT 'i . :
$20,000 J IUd ~ tuIkI
Also enclosed are copies of the executed contracts 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 repOlting 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,
.q~~
Jim Higdon
Commissioner,
JH/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
All Equal Opportunity Employer
* Recycled Paper
d
. STATE O'F GEORGIA GRANT CERTIFICATION FORM
cf:F ~
As required by House Bill 1364 of tbe 1998 Session of tbe 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 condition~d 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 tbe
State Auditor with one c,opy 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 fonn. Please note that one fonn should be used for
each 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 Fonn (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 perfonned 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 tenns 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 perform 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 form 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
f7'
. STATE OF GEORGIA GRANT CERTIFICATION. FORM
A Local Government
B Information For Year Ended
I
C State Awarding Agency
,
D Grant Identification Number.
c'
E Grant Title
F Grant Award 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 J)
Certification of Local Govemment 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 fund~ received.
Signature of Chief Elected Official
Date
Signature of Chief Financial Officer
Date
i
:P
brdevendent Accountant's Report
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 ofthe 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 governmentJ's compliance with this requirement. Our
, '
responsibility is to 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 of government]'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.
i
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Office of The Clerk of Commission
Lena J. Bonner, CMC
Clerk of Commission Room 806 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
Nancy Morawski (706) 821-1820 - FAX (706) 821-1838
Deputy Clerk
MEMORANDUM RECEIVED
_TO: __~ ____Ms._Donna_Williams,lnterim Finance Director AUG17 20J1
FROM:
Lena J. Bonner, Clerk of Commission
(^UGUST~.RICIIMO"I}COIJK1Y COMMISSlOlfl .
DATE:
August 7, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $150,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
ORGANIZATION GRANT NUMBER AMOUNT
Weed & Seed Proqram o.2-C-L-241 $10.,0.0.0.
South Augusta Little o.2-C-L-6o.5 $20.,0.0.0.
Leaque
Souths ide Tutorial o.2-C-L-614 $30.,0.0.0.
West Augusta Little League o.2-C-L-616. $20.,0.0.0.
_ East Augusta Learning Ctr. o.2-C-L-699 $50.,0.0.0.
Southeastern Burn o.2-C-L-732 $20.,00.0.
Foundation
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
4
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. ""STATE OF GEORGIA '''''; ,..,~:>::..:,.,.!;,:.. .:'; .' .<;.>'..,''-r.....,.; . "<.' ~'.. j~
DEPARTME'NT: OF COMMUNITY" AF:FA'IRS;' '.",:",-: '." Check No::,' "''';.., '," .,;....'. ,.: 0000049'778";f'!
, "", ,. ,,";~::::~:rio::' ..,,);;;: j"~ .~if;~;t~;. :{:;fbj/;~:b~~bgOg&1
INVOICE '.' GROSS , ' . ,. DISCOUNT- ,::,;AMOUNT.
NUMBER: '.'AMOUNT' ",:. ':;',':>,TAKENi; -7:' .. ~;"""PAID' .
. Page 001' OF:' 001" .
Vendor No: '00000,1'3727" ,., ;",'
Vendor Name:'.' BOARD' OF, COMMISS lONERS,:
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Office of the Mayor
Bob Young, Mayor
Room 806, Municipal Building
530 Greene Street, Augusta, GA 3091 f
(706) 821-1831 - FAX (706) 821-1835
E-mail: mayoryoung@co.richmond.ga.us
May 1,2002
Honorable Laura J. Meadows, Commissioner
Georgia Department of Community Affairs
60 Executive Park South, NE
Atlanta, Georgia 30329-2231
Dear Commissioner Meadows:
Enclosed are the following executed DCA contracts as you requested in your letter dated March
27 regarding Local Assistance funds for the following organizations along with a copy of the
local agreements between the grant recipients and the City of Augusta:
"Fore Augusta Foundation"
Arsenal Carriage House
$250,000
$100,000 ()X-l/Ja
As always, we appreciate your continued assistance .in the administration of Augusta's grant
awards.
. "
Enclosures:
~
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AUGUSTA-RICHMOND COUNTY COMMISSION
. F
076937
.
,/#~DESCRIPTION'.:<<
.:.....~-:v:"'.<~...'~: :.;.;.
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-' ,~.-
:'\>P.OiNUMBERiii. ,gINVOICE'NlJMBER::}:'}{';\INVOICE:AMOlJNT? <<;;:%'>1k/ "..,;,;,.,
b2CLB06 100,000.00 0.00
... ",.",...:ii/:,NETAMOlJNT ...w......
100,000.00
RANT
6\ ,,'flu
. ~l\
,LcP
076937
CHECK DATE
05/17/02
TOTAL INVOICES
DISC TOTAL
CHECK TOTAL
CHECK NUMBER
1 0 0, 0 0 O. . 0 0 O. 0 0
100,000.00
III 0 7 b g 1 7 III I: 0 b ~ 0 0 0 2 2 7 I: 2 0 8 0 0 0 0 7 02 8 7 b III
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STATE OF GEORGIA )
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of yj.;ht-
, 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 STATE UNIVERSITY (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 ("Arsenal Carriage House"); 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 $1 00,000.00 (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:
<<Services)).
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
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Police and fire protection;
Garbage and solid waste collection and disposal;
Public health facilities and services, including hospitals, ambulance and emergency
rescue services, and animal control;
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;
Storm water and sewage collection and disposal systems;
Development, storage, treatment, purification, and distribution of water;
Public housing;
Public transportation;
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 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 ofthe 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 ofthese
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
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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 repOlt, 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
ORGANIZA TION 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. S 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which
constitute more than 33 ]/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. ORGANIZA TION celtifies that it is a tax exempt entity under 9 50 I (c) of the r nternal
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
,,) l
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 signific.ation, 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,
ORGANIZA TION 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 TION 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.
4
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13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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 STATE UNIVERSITY
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 STATE UNIVERSITY
ORGANIZATION
BY:"J(0~,~~
As its ~\ (, '" \... \ \J\....... (( '<.f'.~o-. \V\...
. ~
AUG
rfy
ATTEST:
Title:
Sworn to and subscribed
before me this _ day of
,2002.
Notary Public
My Commission Expires:
5
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Page '00 1" OF' 00'1" '" ~ ,,' ~'J ,'''c.., "'OEPAR,TMENT:' OF. COMMUNITY' AFFA IRS,,:''':;> ,-:),.c~~k No~',,:. ,~. r,:"';,;-,: . -'.: OOOOO,559,7,8'<.,~
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GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Laura Meadows
COMMISSIONER
Roy E. Barnes
GOVERNOR
.,
May 14,2002
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street, Room 801
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $250,000 as payment for Local Assistance Grant
#02-C-LB03 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 reporting 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,
~9.rv;uA--
Laura J. Meadows
Commi ssi oner
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
'1
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
MEMORANDUM
TO:
FROM:
Ms. Donna Williams, Interim Finance Director
Lena J. Bonner, Clerk of Commission
DATE:
May 17, 2002
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $350,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
ORG~NIZA TION GRANT NUMBER AMOUNT
Arsenal Carriaqe House 02-C-L-B06 $100,000
FORE Augusta 02-C-L-B03 $250,000
F ou ndation' s
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
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GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Laura Meadows
COMMISSIONER
Roy E. Barnes
GOVERNOR
May 14,2002
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street, Room 801
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $100,000 as payment for Local Assistance Grant
#02-C-LB06 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 reporting 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,
~~.~
Laura J. Meadows
Commissioner
UMlja
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
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Grant No. 02-C-LB06
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 27th day of March, 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 $100,000 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:
$100,000
Within twenty days of the Department's receipt of the executed
Agreement.
$100,000
Total Disbursement
4. Applicable Dates. The effective date of this Agreement is specified on page one.
'i,'''
f'
Grant No. 02-C-LB06
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. 1336~61 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 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 a.c.G.A. 1336-81-8.1 with respect to the completion and submission to the State Auditor ofa "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
peorgia 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 ve.nture, 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.
c.
,;
I
Grant No. 02-C-LB06
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 progr~ is conducted
neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. AU'y Gen. No. U88-6.
(cl. 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. 'l11e 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 noncomplii:mce..
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]
i
Grant No. 02-C-LB06
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:
5g-c2~r21t/
.
Attachments: Exhibit A. "Scope of Services"
FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS
By:
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Grant No. 02-C~LB06
Page 5 of 5
EXHIBIT A
The Local Assistance Grant shall be used by Augusta-Richmond County for Arsenal Carriage House 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.
"~
STATE OF GEORGIA GRANT CERTIFICATION FORM
. r.
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,,,
'.As required by House BiJI 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 fiom 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 c.opy of the annual audit report. Questions concerning the preparation
and submission of this form should b~ 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 form should be used for
each 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 Locai
Government Officials."
3. Attach Independent Accountant' 5 Report.
4. Mail the Grant Certification Form (including Independent Accountant's Report) with one copy of the
audited annual fmancial 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 CP A 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 perform an
audit or perform 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 form 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 Edwar,cl Blaha, Deputy Director, Local
Government Audit Section,at the address listed above; telephone (404) .651-5115; fax (404) 651-
5608; or e-mail blahaef@mai1.audits.state.ga.us
1;'
f.
STArE 'OF GEORGIA GRANT CERTIFICATION FORM
A Local Government
B Information For Year Ended
. I
C State Awarding 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. r 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
~~;.
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Independent Accollntalit's Report
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 resP9nsible for [name of government]'s compliance with this requirement. Our
responsibility is to 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 circums~ances. We believe that our examination
provides a reasonable basis for our opinion. Our examination does not provide a legal
determination on [name of government]'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.
,-
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A~rnovEfJ
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
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APR 0 2 ZOO~
Laura Meadows
COMMISSIONER
March 27, 2002
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street, Room 801
Augusta, Georgia 30911
Dear Mayor Young:
T am pleased to advise you that $100,000 in Local Assistance funds for the City of Augusta has
been included in the Fiscal Year 2002 Amended State Budget. The attached contract when executed
commits state funds for Arsenal Carriage House 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 contact. Should
this grant fall into that category, T 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 by June 14, 2002. I will then sign for the Department and return a copy to you along
with a check representing the full payment.
Please note that your Federal Employers L 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.
c:r~}'1~
Commissioner
LJ M/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
APR-16-2002 rUE 01:11 .PM K~Jhy So Hamrick, EdD
FAX NO, 706 867' 48a7
P. 01/01
Augusta State University
^\Ig\l~lo, Cl~orglo :\0904.2200
OUice of Ihe Presldellt
Phone 706.737.1440
Fax 706.1\67.4678
April 16, 2002
M~. J ,cna Bonllcr
Clerk oCCommission
530.0rccl1 Street
^ lIgustu, (1 A 30911
Dcar Ms. BOl1ncl':
l. recently received the good news from Senator Don Checks that Augusta State is
geltlng $100,000 I'M the Olllll'dhollSC Muscul1l. To I1lnkc my nccoullting cn~icr, plcn~o
!';cnd the l\mding through the Augusta Statc Univcrsity Foundation. Thcy (lrc scuing lip a
:)pCCilllllCCollllt for thi~ purpose. Please call if you need any additional information.
Thank YOll again fol' all you do for me and [or the university.
Sincerely,
\: u \"-;) IX). \~ (~~
Kathy B. Hamrick
All .)lfInn.\llvc lICIlIlIl/l'<ju,\lllpl'llrlullily inslilUlio" \11 IIU.l l.Inivl:r~i1y tiyslCIl\ el( CCllrgia
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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
March 13,2001
Ms. LaVerne Proctor-Streeter
Executive Director
Beulah Grove Community ResourceCentef'
1446 Linden Street
Augusta, Georgia 30901
Dear Ms. Proctor-Streeter:
Enclosed is a check in the amount of $625 representing final payment of your FY200 I State of
Georgia appropriations through the Georgia Department of Community Affairs Local Assistance
Grant Program.
",'
IfI can be of further assistance, please feel free to call me at 706-821:-1820.
Enclosure:
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, Interim Comptroller
FROM: Lena J. Bonner, Clerk of Commission
DATE: March 7,2001
SUBJECT: Department of Community Affairs'
Local Assistance Grant Awards
Enclosed is a check in the amount of $625 from the Department of Community Affairs
representing final payment for FY 01 funding for the following grant recipient.
ORGANIZA nON GRANT NUMBER GRANT AMOUNT
Beulah Grove Community 01-C-L-430 $625.00
Resource Center
Thank you for your continued assistance.
Enclosure:
Check
i'
INVOICE,
NUMBER
, 'STATE OF GEORGIA
DE~ARTMENT OF,COMMUNITY AFFAIRS
ATLANTA, GA
"BANK 1100 - 1000
GROSS
'AMOUNT
, :Chec,k No:
. Check Date:..
Check Total:, .
0000045323
02/21/2001
$625,00
Page 001 0 F 001
Vendor No: 0000013727
Vendor Name: AUGUSTA-RICHMOND COUNTY
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01-C-L-430
02i19/2001
000021398
DISCOUNT "
TAKEN
AMOUNT
PAID
625,00
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-:000004'5323' ."
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GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
Roy E. Barnes
GOVERNOR
February 22,2001
Honorable Bob Young, Mayor
Augusta - Richmond -County
530 Greene Street, Room 806
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is the final payment in the amount of $625.00 under Local
Assistance Grant #01-C-L-430 to Augusta-Richmond County.
If you have any questions, please call Amy Hill at (404) 679-3154.
- /fz7~
ill Higdon
Commissioner
JH/j a
Enclosure
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
.\.
.'
Office of the Mayor
Bob Young, Mayor
Room 806, Municipal Buildir.
530 Greene Street, Augusta, GA 3091
(706) 821-1831 - FAX (706) 821-183
E-mail: mayoryoung@co.richmond.ga.u
February 7, 2001
Honorable Jim Higdon, Commissioner
Georgia Department of Community Affairs.
60 Executive Park South, NE '
Atlanta, Georgia 30329-2231
RE: Local Assistance Grant
Dear Commissioner Higdon:
Enclosed is the following Local Assistance Grant Request for'FinalPayment form for the
, following organization: .
ORGANIZATION
Beulah Grove Community Resource Center
GRANT NUMBER
o I-C- L-430
Thank you for your continued assistance in the administration of Augusta's grant awards.
Very truly yours,
Enclos
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GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
60 Executive Park South, N~E. . Atlanta, Georgia 30329-2231
RECIPIENT: Beulah Grove Resource Center
LA GRANT
AGREEMENT
NUMBER: Ol-C-:L-430
LOCAL ASSISTANCE GRANT"
REQUEST FOR FINAL PAYMENT
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
grantriuinbei: 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. - .
GENERAL
INSTRUCTIONS:
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 fmal 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 ill funds provided by this grant have been spent in
ordance with the, terms and conditions of the Agreement and that
the information stated herein is true and accurate.
CERTIFICATION:
Name and Title Bob Young, May
Authorized
Si ature
Date
~
Beulah grove
Community
, Resource
0Center
I .. - - ..,
II-~_-I(' I.i~)(h'~l ~~";~I ':1~1~~:~~~~)llI___():~l_~(l(~~~~'I!)!)<) ~:- ~(l(,.7:!~lT' \__ w"~)~~~I"_ 1~"_I~I.~lIg1=~.(~g
January 29,2001
Ms. Lena Bonner
Clerk of Commission
- Officeof -The Clerk-ef.Gemmission
530 Greene Street, Room 806
Augusta, Georgia 30911
Dear Ms. Bonner:
Thank you, and the Augusta-Richmond County Commission for your $2,500.00 grant to
assist the Beulah Grove Community Resource Center in purchasing insurance for the 15-
passenger handicap accessible van. We have exhausted the $1,875.00 of the $2,500 that
was awarded to purchase van insurance. We respectfully request the balance of $625.00.
Van Insurance was purchased thru Campbell Insurance Agency out of Atlanta, Georgia.
Your contribution signifies your commitment to the community. Were pleased to receive
your contribution that was used to help in our effOlts to provide quality services to the
community.
If you know anyone who is in need of social, health or youth services, please call us. We
would be happy to discuss our services with them and provide whatever assistance we
can. Again, thank you for your contribution.
.. -Si~~~r~,~.p~_~
~e Proctor. Streeter .
Executive Director
The Beulah Grove Community Resource Center is dedicated to creating &
reinforcing conditions in our community that address the immediate needs of the whole person.
October 30,2000
Office of The Clerk of Commission
Lena J. Bonner, CMC
Oerk of Commission
Nancy Morawski
Deputy Clerk
Dr. Sam Davis, Chief Executive Director
Beulah Grove Community Resource Center
1446 Linden Street
Augusta, Georgia 30902
Dear Dr. Davis:
Room 806 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
(706) 821-1820 - FAX (706) 821-1838
Enclosed is a check in the amount of $1,875 representing 75 percent of your FY2001 State of
Georgia Grant 01 CL430 appropriations through the Georgia Department of Community Affairs
Local Assistance Grant Program. Once you have expended all funds as outlined on your grant
application you can request in writing through this office a request for [mal payment.
If I can be of further assistance, please feel free to call.
Enclosure:
AUGUSTA-RICHMOND COUNTY COMMISSION
040544
-.:::::';::::~:~;:;:,(~:::i:~~:;::::~m:,~.::.'~~w;:~":.: .0; ~->. "i'INvO C ....'c ':tINVOICE"AMOUNTM'Fi"@ ;:;:W~~S~~::~"i:~::#4~::::t':::::::': ::~j~::::::::::if0Wtm? Te"'"
PRANT 0 lCL4 3 0 1 , 8 7 5 0 0 0 . 0 0 1 , 8 7 5 0 0
,
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CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
0 4 0 5 4 4 1 0 / 2 7/ 0 0 1 , 8 7 5 0 0 0 0 0 1 , 8 7 5 . 0 0
II' 0 l. 0 5 l. l.II' I: 0 b~ J. 0 J. 3 ? 5 I: b a 30 J. l. a 3 g l.n'
~
Beulah grove
Community
Resource
e,Center
August 16, 2000
Ms. Lena Bonner
Clerk of Commission
Office of.The Clerk of Commission
530 Greene Street, Room 806
Augusta, Georgia 30911
Dear Ms. Bonner:
(
Thank you, and the Augusta-Richmond County Commission for your $2,500.00 grant to
assist the Beulah Grove Community Resource Center in purchasing insurance for the 15-
passenger handicap accessible van. The Center is a 501 @3 community service
organization dedicated to providing social, health and youth services to the 30901 zip
code area.
Your contribution signifies your commitment to the community. We are/pleased to
receive this contribution and will certainly use it in our efforts to provide quality services
to the community.
If you know anyone who is in need of social, health or youth services, please call us. We
would be happy to discuss our services with them and provide whatever assistance we
can. Again, thank you for your contribution.
am Davis
Chief Executive Officer
The Beulah Grove community Resource Center is dedicated to creating &
reinforcing conditions in our community that address the immediate needs of the whole person.
...
-
-
'j'
4. Information Required by the Department of Community Affairs for Award:
. a. Please provide a detailed of the project, location, type of work to be initiated, and
for what purposes the funds awarded through this grant would be used. Attach
additional pages if necessary.' '
The Beulah Grove Community Resource Center received, a grant from the Augusta
Housing and Neighborhood Development to purchase a 15 passenger handicap accessible
van. The van will be used to transport disabled and disadvantaged clients and their
children to and from the Beulah Grove Community Resource Center, W. T. Johnson
Center and Center For Community Health. The Center provides emergency financial
assistance for rent, utilities and prescriptions. We make referrals to the Beulah Grove
Baptist Church for those seeking food and clothing. The W. T. Johnson Center is where
the after-school tutoring sessions are held for children in the 30901 zip code area. The
, ,Center For Community Health pt:ovid~ health care services for- low-to-moderate, income.
. persons and persons with no income: . , . . :'
The $2,500.00 Local Assistance Grant will be used to purchase insurance for the 15-
passenger van.
The project is located at 1446 Linden Street, Augusta, Georgia 30901.
".'
Application for Local Assistance Grant
Local Assistance Grants are made pursuant to a.c.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. Amountappropriated:by Gen~ralAsse~ply:
$2,500
-,:' ~.1 ~.)
3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act:
Contract for services with Beulah Grove Resources in Augusta/Richmond County
4. Information Required by the Department_of Community Affairs for Award:
a. Please provide a detailed 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 additional pages if necessary.
Information requested is attached.
b. Please provide a budget for the proposed project, listing all revenues and expenditures.
Project Revenues
Project Expenditures
Local Assistance Grant
$2,500.00
$2,~00.00 ,.
Local Govt.
Other
$
70.00
$
70.00
Total
$2,570.00
$Z,570~OO';
c. Provide expected project start up and project completion dates:
Sept_
1 _ 00
_ _ _ _ Ongoing
Completion Dau
B~nning Date
Office .of T~e Clerk of Commission
Lena J~ Bonner,CMC ^
Oerk of Commission
.' -:'.':' {.t:,;.", .. ~;;:..;':.':;';';:~:-:-.::'.'~,,..;r "'''.< - -....
Nancy Morawski
, Deputy Clerk
" Room 806 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
(706) 821-1820 - FAX (706) 821-1838
~ .!
4. ";.;' .".-
MEMORANDUM
,TO:
Ms. Donna Williams, Deputy Comptroller
FROM:
Lena J. Bonner, Clerk of Commission
, " .
>DATE:'" October 23, 2000"
SUBJECT: Department of Community Affairs'.
Local Assistance Grant Awards
Enclosed is a check -from the Georgia Department of Co~uD.ity Affairs in the amount of
. $19,875.00: Please issue AugUsta-Richmond County checks to the' following Local Assistance
Grant recipients, which represents 75 percent of the their gnint award : '
- -: ....
, '.. .- -"". ... '.
ORGANIZATION GRANT NUMBER " ' GRANT AMOUNT
Augusta Boxing Club ' 01-C-L-207 " $18,000
Beulah Grove 01-C-L-430 $ 1,875
Resource Center, Inc. " "
'" .',. J..
Please return all checks to me so that they can be forwarded to the appropriate agency.
Thank you for your continued assistance.
Enclosure: .
~
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
October 19, 2000
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street, Room 806
Augusta, Ge,orgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $19,875 representing the first payment under the following
Local Assistance Grants:
Grant No. OI-C-L-207
Grant No. 01-C-L-430
$18,000
$ 1,875
." .~ ~ ,~. r .~
Also enclosed are copies of the executed contracts for your files and 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 amoUllt of the grant funds. ' Upon receipt of this form we wilJ 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 I, 1999 to provide certain disclosure information to the State Auditor.
Enclosed is an explanation of the new law along with a copy of theform 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 ancla 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.
I am pleased that we, were able to assist you with the funds provided. If you have any questions,
please call Amy Hill at (404) 679-3154.
. Sincerely,
Q:- ~.~~~
Jim Higdon
Commissioner
JH/ja
Enclosures
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60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940
www.dca.state.ga.us
An Equal Opportunity Employer
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STATE OF GEORGIA
RICHMOND COUNTY
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this ~day of &N€'
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 BEULAH GROVE RESOURCE 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 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 $2,500.00 (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.
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:
~
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, in~luding
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. ~ 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
.'
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 corrunon 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 corrununity 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
.. ,,-.I
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.
RESOURCE CENTER
. Af~
~I.o" '
~ As its Mayor
ATTEST:
Sworn to and subscribed
~ this !;:6~g~~ of
'Yi1M 0Ad IG
Notary Public
MYN&~&. ~5f?8lCb5ntf, Georgia
My Commission Expires October 19. 2002 "
5
- . '->~' .--
Grant No. Ol-C-L-430
STATE OF GEORGIA
COUNTY OF DEKALB
STATE OF GEORGIA
DEPARTMENT OF COMMUNITY AFFAIRS
AGREEMENT FOR GRANTING OF STATE FUNDS
THIS AGREEMENT entered into this 13th day of September 2000, by and between the
Department of Community Mfairs 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. 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 $2.500 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 pu.rposes 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:
$1,875
Within ten days of the Department's receipt of the executed
Agreement.
$625
Upon receipt by the Department of written certification of project
completion in accordance with this Agreement.
$2,500
Total Disbursement
4. Applicable Dates. The effective date of this Agreement is specified on page one.
\.,
Grant No. 01-C-L-430
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(l) through !336-67A(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 Legally Bindinl! Act. The Recipient certifies that iUs 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
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 ~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 yerforming 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 ~e 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; (iti) 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.
.'
..
Grant No. 01-c-L-430
Page 3 of 5
12. Sectarian Aid. (a). One of the constraints imposed oy 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.
. t
(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]
,.' .A
Grant No. Ol-C-L-430
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written
above.
By:
Attachments: Exhibit A. "Scope of Services"
FOR THE DEPARfMENT OF COMMUNIlY AFFAIRS
By:
Grant No. Ol-C-L-430
Page 5 of 5
EXHmIT A
The Local Assistance Grant shall be used by Augusta/Richmond County to contract for services with
Beulah Grove Resources 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.
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 $2,500 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.
Sinre~l~
LtHigdOn
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
02/11/1995 18:25
7703898200
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CAMPBELL INS. AGENCY " .:, PAGE 62
campbell Insurance Agency
(~)
"P.O. Box 160. 6041 Hwy. 42. Suite D · Stockbridge, Georgia 30281
Telephone: pa)389-8200
, Insurance Ooute
Beulah Grove Comm. Center
'1446 Linden st.
Auqusta, GA 30910
Insurance Coveraqe for 2000 Ford E 350 15 Pasenqer
100/300/50 1,335.00
10,000 (medical) 231.00 \
"25/50/1 Q UM 56.00
1,000 ded. Compo 247.00
1 ,000 ded. Collision 701.00'
~ --------
Total Annaual Premium 52,570.00
Downpavment: $1,028.00
Two Payments of 5781.00
Resectfull y Submitted .
~..~
Marvin L. CamDbell '
Aqent
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INS. AGENCY
,PAGE 05
GEORGIA COMMERCIAL AUTO APPUCATION
P.U. BOX i47J'3. CUVELANO. OH 44101 1-1317.776-2436 (oplion J) prolrouirt.com
-PROGREJ:fIVElI ,
Progreuivl IIlOna" neouimeml. HIM ~I appIIatlonl b. ...llIume! llIroillb lit, PruRu" 'r~m.
Th, ~Iranl will Buld. rGIIl!lrllUCh 11111I. requIred inluno.1io<I ~tp-ltf-It81I.ad inltanUJ pnlM . ~uota., ":
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NOTE: Pl~a~(' provide copy of quote or phone Quote number and preassigned policy number.
I~II~I~~[J'I ^lIIJhl!;-j PREASSIGNEO.
'PHONE QUOTE NO,: l\.lIlO.IbtJ~ ~~ L~, R, POliCY NO. (optlOnall:
. A&EHT INfORMATION
0000-000-0$'
Agency NlJlne__
A~en' COO'' It _'
ComrnissRlII le:vel:
. Addre~~ ..e.o. ~ -1n.Q. City'
PIlone (I' ellO-, ~ .lown Contact Person
o Super Saver 0 Advantage 0 Classic
APPLICANT INFORMATION
N~:l~~nl:~.
Busme5~ Nan'le (if d. erent):
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Previous Progressive Policy No.:
Business: , 0 IndividuaVSote Prop.' 0 PcHtneooip
, II partnership. indiCate name 01 ownens):
, Oescribe type ot busines$:
o 6 months
~mcnths
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Busin~s Phone: (_I
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NAMED INSURED/PRINCIPAL PARTNER/PRIMARY BUSINESS OWNER
Nam~,
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PRIOR INSURAftct '. ,
F';Jilure to pmvirJe Pl~f of Prior InsurCNIce may resutt'in rate change. "
Prior JII$lIfi/llCC!? Y.. V ~ ~ " Effective Date: --1--1_ Hn .pplicant I1ad a lapse in ~?'
Nameu illsured n shown on prior insurance?, ,Y N"~iratjon Date: ~---1_ Prior BI Umits:
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NAME AND ADDRESS Of ADDITIONAL INSURED(S) (A $25 '" will 1M ctlarpd flIr UdI A4Idl1IosaIIll8amS IIIIedJ
e Address City Stale Zip ReI8tivnsIrip " Law"
.. ~'Pr , To Nuled InAmI T<<m << lease
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To HIlIlH InSUrId T.. 01 lase
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Ad<mll c:tJ Sta1& ~ UIIIits Is UII AWl- . III CaB ' IleiftIdiIIfe ia
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o 50.000
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$500 P8I' 'IeIUcIe:
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PREMIUM SUMM".." PAYMENT OPTIONS omrot l'IQIIUM
PAYMENT IMORMATtON o Paid-in-flllf o lG-h,9'u" FlfWCC'H
t'otill Premium . All Vehicles $.:\. S'TO'. ~ _utlull___ s...c.n.l25~ ~-r"-. Name ,
~.." oo.c-t loWowt paIGa-'
Plus F'i/inQ Fees S ~Jpt3ll. o 0llCslde 'PreM_ ' . Address
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Submit ~'70 ~O\ ...... ~1IlOol /'
tAamIIl ClllliClft m'TI (P~lIIldioaluBC
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~9 Service. Charge Per l~taIlrMnl
PlUSE ANSWER AU. QUESTIONS 'RaW CUIlPUTtLY
Hvrr M,,"y lu<.l'YrGUllb lJ'Ol!S lhe AQplican( tmoloy! 1.0 ~ FIUHCS INFOlUlllTlOM
IS AUllhcall1 Uuliltr Comtact 10 HeUI for a Si"ltc Firmr 0 Yes I ~, : 00 WI 1_ Ajj.o8tImnlCftiillly Owned and Qoemed VeIridts~
II T<a (ot VVIIQlRr . 0 TIIS !WO II No. FILINGS HOT ACCD'TQlE. , '
()r,a AI'pfic3111 H..u/ HIS Own ~reo Uc:luso...:ly' , 0 Yn ~ Must ADo\iC3nt Comply with 1taI Motor ~ Act <! 1 ~ l~l! 0 la
li" Ty~ ....J KimJ ot Co1f'8O Hau~, O~ Aooltant Reqwre . PSC FIIi'llQ! 0 TIS (Jo1fO
Moe "'" 01 !l'~ Li~tro '1clllclft Rented rJIf W$1Ilf to C1Mn! 0 Ta ~ 1I,'I'll$. EilKt N~ Aoplic:_ Uted lOt R~.t"""
Oem AooltcZlt Ret;uinl Any Special f'li"l! or P1Im!t~
(Olli~ tII8n PSC. SR.22 or SR-~r U.,. (J""No II Yes. ~ ryt)e:
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0- Applianl Reqw,. Anr w.iYers oC SUtlropcianl 0.,., P'"-
II YtrS. How M~' (~ Ldl of "-all ~
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DRIV'ER INfORMATION. liST ALL ORIVERS '.' ' ,
(f'3l1ure 10, accur.t.ly lInd complel81y report all driver Information may result in premium dillell~.s llnd urvlcl d.lllYS)
Orln,'s N~lIIe 0)" a1 girth M)r!U' AccJ'liol,l SR-Z2I Social Stf:vritT · ,011'11(' Lk_ · St.
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VEHICLE INfORMATION _ Please provide the inforMation requested lor lach nblcl.'to be 'o"r.d~
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CAMPBELL INS. AGENCY
PAGE
07
FAilURE TO COMPLETE AND SIGN APPlICATlort MAY JEOPARDIZE COVERACE AHtlillR BINDING AUTHORITY.
Driyer Exclusion
I ~r.I"t: 1/...1 ,uell ;n,ur.lIn:~ a, i, aflOrded by the terms (1/ thi, DOlky do~'$ not ~Wly wllile ~ny (ov~red vehicle is bein~ driyen by the 10I1.,..;n8 indivitlu~:
NoJIlle 'Date 01 girth Rel'l;onSllip
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Si'llatu" 0{ AjlpliC;lIt X_ '
gatt
Complllta lor Credit Clld Payments Oa.ly
,
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[J VISA 0 MAS 1 mCMO 0 DISCOVER Cledit ClIIU No,
('pi,ation Date
Au\horillltion No.
Cdrdl,alder acknowledge' receipt ot good, anOlof ~ices in the 3."Ount .01 Ute tvtal shown heleoll anll ~ees to per101'm \~ oblipticns set lorttt in tile ClIrclho!du"s
AlVeemellt with rhe i~uet'.
Sltnalllf, af canlhQld81 X _
~
Date
RejectiDA ot Uninsured Motorist CnerlllD
I h,,~ 11<<" IIth11.,,1 Un,,,sulcQ Motorj~t CO_. up lo .an ,mount ~al to the limit$ or U,,: liability (on:r~ atld , reiett the ootion to putehase ...., Uolnswed ~
C"'Cf"~' I u"u~"s.I.l/ll1 1I';)l UIlinwt-a Motorist Bodily Iniury COftr~ would hiM: prvt~tcd 1m md QC(U~" of a coYeml ~itIe it ~ 0( us ~ bQcllly Injury. 'lncJud'
i,,& ;)ny rnuIII"!: u\!alh. in an accid1:nt in whk.h ~ owner Ill' optlr~IQl' 01 a motor vthK:r. ,,110 i$ legally liHJ~ dotS not hive ill$\KlIl<lI (llIl unimurcd rnelllI'lsU. I unocrstarlO
-il",~t Uni"$ure(l Malllfi$t Property Damage Covtr~ would have protected'me if rny ~icle SU$laiMO IlfOPerfy damap in an <<?dtnt in wtIich !be - 01' epeRlClr 01 a
mUlor vd'oic;re ",11<) i'J 1~'l:;Jlly liable does not ~ in$Ul'~ce (an "",j"'Wfed I'/lO\OIi~ll. ' '
I U,HJ.:rsl;md and ~ 'hal this rejaclion of Uninsured Matori11 Coverage shall be binding on ell ptml'lS.il1$Ufelf under tile poIicy.,;md um llIis rejediOlt sIl8fI alsrJ apply lit '
Iny renl!Wa'. reinslillement. SUbstItute. amended. alte~. modified. or reol ent policy wltlt IlIis comp;my Of sny aflifiated Clll'npany. unless .Iiamed ,rmRd submit) a
I(III1\.,t 10, ad<llhe ";1)YI:l;,gc and pa~ Ule additional premium. N' _ ~ ' '" ,
Si~.A1 of In.Ufad.~licaat X \ -. GIla
Applicaat's $lllUtur.
I h~I<'l11 ;Jplllylo Clitnp;lny far a policy of insutanc:e as set'forlh in thi, appliC:iltion an the basis 01 s18wmet1tJ c:onWned Mmn. I .Il'ft lIIat suc:tI pllIiCy.s/QIl be null and
void il such j"f",,,wlion is lalse. or mi~i... or wwld materiolly allect aceeptana 0( the ris.k by me Company. I undentllnd that this appIioticln IIeI:DnM part at the
KISUf;ll1(;l! policy. I awe<! to submit to Iou control irnpP.Ctions AS oltoen n the Coo~ny ~ .-NbIy nlqUire. I ." th81 rwtvsal to ~ to m impKtion is pvunds. fw
CMC:CU..tion (lf'my (1Olicy. I alV" ttYt no cowrap will be bound Ind tl1ia policy shall be void /rom inceptiorl it my paymIIIIt is nat hcIncnod by tile bank. I ~ that a
)llTV1C~ elulfp or S20 will be uscssed il any c:1lecll aflered in paymv1t is murned from the bank unpaid. ,
~
HOrt: In connecth)u with your request f.... . ~.wt (luo'-tlo", 1 J ... IM'f obtain consumet ""I7O'1S Of oetsonal Of grivileged ltlfonnation Irorn ltIird P\I'tles: %) ill certain efr.
c:umSt;lnce$. lutl' ill/....m3tion. '$.....11 n 0Uler ~I pQ'rllqW jllformation ~ly c:ulleCtelS by \I$, IM1 tl8 G~ to thfrG lJIfUts wiUlout '/OVl ~
Vt.lt ir is ""t our orxlicl!' ru. (to $0; :n you IllmS Ole rich ~ ,mf t all ~af intormatillll &O,,~ and 4) at }OIlJ /'CQuest '" MIf, a1 C\lIIIIrllI ~, eOl1-
Wl!'et Il'llI/It "'.,. "~I,.elcd and. it w. provide 1M n ~ adIlress 0 nsumer rwoom"i ~ it; and b) ~ you men dItried ~""'...6.n rtpnt-
1<11; QUI' coll<!clion. u~e. ;jJlU di,c1~~ 01 i ion. md b to IMXeSS toned
Slenatore 9f A!lpllcant
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A~nt'l SllIIatullf
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'Tl.oJ u"uersi~,~ 11"....11)' ,"oJronls and ccrtiTllIS UIal all jntQrmlltion contained henrin is alm!dlo \!IlI best otllis/llw kitowledp.lhat lIIis form ..., campllted and l!IIn
""'.. '" ". ."";~L ...... """_ _ ....... 'u ..... '""('1~ -. CllOJ hefmf hallem ~ to p.._~.e.
SilAatun '" PmlKinc "'_ X ~fA -. ' Dme
, '
'-
..
GEORGIA DEPARTMlENT OF
COMMUNITY AFFAIRS
------
Jim Higdon
COMMISSIONER
--------
MtA-~
September I, 2000 '6
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Mayor of Augusta
530 Greene Street
Augusta, Georgia 30911
\
\
\
I
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Dear Mayor Young:
The attached contract when executed commits state funds 111 the amount of $2,500 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 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
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
404.679.3 J 54 or Bobby Stevens at 404,679.4943,
s;nce:e]Y,~
~on
Commissioner
RECE"/FD
JH/cm
Enclosure
cc: Richmond County Legislative Delegation
SEP 05 lOOO
'\,
Mayor's Office
Augusta-Richmond County
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, 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
appropriatiQn 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 ~opy of the annual audit report. Questions concerning the preparation
and submission of this form should be ~eferred 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 form 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 fmancial 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 govenunent'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 pwposes for which the
grant was made.
6., Whether the local government engages an independent certified public accountant to perform an
audit or perform 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 form 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
f-
-..-(. ...~
... ...'"
A Local Government
B Information For Year Ended
I
..
C S tate 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 J)
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 sh,allresult ~ 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
"
.
~
\.- .,:
.,
\...;
Independent 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' 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 of government]' 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.
d
Office of The Clerk of C~~~ri"~~~p.r1,:
c- T'. .'. ..', .", < :-~.1. -,..- " .' '"__",,...,' .'
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Nancy Morawski
Deputy Clerk
.,. " '.1' ,.: :.:- :.- "'h.'.' ...... ;:!-r'~ ..... :0::'; .....~ '-,~'::~:t~~:,!,~\:: ~!J~,;.;;:"~ ~;.:, <:"H'< ,:, "'-;- .'
,'-:~''''';.,:: Room 806 '~~M'unidpal Building'
530 Greene Street~AU'GUSTA, GA:30911
-, (706) 821-1820 ':' FAX (706) 821-18~8
Lena J~ Bonner, CMC
Oerk of Commission
MEMORANDUM
,TO:
Ms. Donna Williams, Deputy Comptroller
FROM:
Lena J. Bonner, Clerk of Commission
'DATE:
,October 23, 2000
SUBJECT: Department of Community Affairs'.
Local Assistance Grant Awards
Enclosed is a check from the Georgia Department of Community Aff~s in the amount of _
$19,875.00: Please issue Augusta-Richmond County checks to the following Local Assistalice".
, ,
Grant recipients, which represents 75 percent of the their grant award
, .;
ORGANIZATION
Augusta Boxing Club
'Beulah Grove
Resource Center, Inc.
GRANT NUMBER
o l-C-L-207
,Ol-C-L-430
GRANT AMOUNT'
$18,000
"$ 1 875
'. ., ,
Please return all checks to me so that they 'can beforwarded to the appropriate ag~ncy.
Thank you for your continued assistance.
Enclosure:
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GEORGIA DEPARTMENT OF
COMMUN'ITY AFFAIRS
. Jim Higdon
COMMISSIONER
October 19, 2000
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street, Room 806
Augusta, Georgia 30911
Dear Mayor Young: '.
Enclosed is a check in the amount of $19,875 representing the first payment under the following
Local Assistance Grants:
Grant No. 01-C-L-207
Grant No. 01-C-L-430
$18,000
$ 1,875
. .
Also enclosed are copies of the executed contracts for your files and 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 th~ 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,
I am pleased that we were able to assist you with the funds provided. If you have any questions,
please call Amy Hill at (404) 679-3154."
Sincerely,
Q~ 1t'5d~
Jim Higdon ,
Commissioner
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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
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'ATLANTA, GA
.AFFA IRS Check No:
Check Date:
Check Total:
00,90'042133
10/'18/2000
$19,675,00
DISCOUNT
TAKEN
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0:00
,0,00
AMOUNT
PAID
18,000,00
1,875,00
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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:
Honorable Charles W. Walker, Senate Majority Leader
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
September 7,2001
SUBJECT: Fiscal Year 2002 Local Assistance Grant Awards
As you requested in your memorandum dated May 1, enclosed are the following grant
'awards representing total payment of their FY2001-2002 State of Georgia
appropriations through the Georgia Department of Community Affairs Local Assistance
Grant Program along with a copy of their grant agreement:
ORGANIZATION ' GRANT NO. AMOUNT
, Souths ide Tutorial Proqram 02-C-L-614 $30,000
Beulah Grove Resource 02-C-L-751 ,132,740 $70,000
Center
Laney Museum 02-C-L-660 $75,000
Auqusta Museum 02-C-L-587 $25,000
Please note that the grant award for the Beulah Grove Resources Center consist of two
other awards along with the $35,000 you requested
If I can be of further assistance, please feel free to contact me.
Picked~ ~Y/q-
,Date j; :d ~d()/
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STATE OF GEORGIA )
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this~ day of June, 2001, between AUGUSTA,
GEORGIA, a political subdivision of the State of Georgia, acting by and through the A ugusta-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 AUGUST A 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.
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
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Police and fire protection;
o
Garbage and solid waste collection and disposal;
~
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 tlllther 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 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
maintaih 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
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5
r
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 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
ORGANIZA TION 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 a~dit 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. 950-18-70, 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 SOI(c) of the Internal
Revenue Code.
8. ORGANIZA TION 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 COITIlnOn 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 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,
ORGANIZA TION agrees that this Agreement shall terminate should it be determined the Grant from the State to
AUGUST A is in violation ofany 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.
4
.... ~ ~ ,,:- l'
13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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:
SOUTHS IDE TUTORIAL PROGRAM.
~~:/l~~ iff :JiQtJ6
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
ORGANIZ nON
By: !3.
As its
AUG
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7
ATTEST:
Sworn to and subscribed
before me this~day of
~ ,2001.
NotaryPU:li ~
My COl)1mission-E,xplres:
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Grant No. 02-C-L-614
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 2nd day of July, 2001, 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 $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.
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Grant No. 02-C-L-614
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 1345-10-28 and a.c.G.A. 1336-67A~1 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 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. 1336-81-.8.1 with respect to the completion and sub:mission 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 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 Departrrlent 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
responsibie 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.
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Grant No. 02-C-L-6I4
Page 3 of 5
11. Satisfaction. In the event the Department detemlines, 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 organiiation. 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 t,his 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 hereip. No amendment or modification of this Agreement shall be binding unless both parties
have agreed to said modification in writing.
[Executions on following page]
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Grant No. 02-C-L-614
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed thi~ ~reement as of the date first written
above.
Mayor
By:
FOR THE RECIPIENT
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By:
Federal Employers ID Number:
5-g- ~dO tfcJ 7 r
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Attachments: Exhibit A. "Scope of Services"
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Grant No. 02-C-L-614
Page 5 of 5
EXHffiIT 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 aiso 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.
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,'Augusta~ictimond Countv--
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Finance Department, -
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Memo
To: State Grant Recipient
From:AI Denis, Grants Manager
cc: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
In accordance with grant agreement ~-c-L-ULf, j't is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient 'acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of statE? funds', ~he department will contact you and a time
will be arranged in which to review documentation of fund usage or a copy of an
audited ~a~ciaJ ~tement Which incl~des expenditures of Agreement funds.. . ~
Namef~~ . TelephoneNo.106- ?;;:;(,-u// 2.;
Signature .'- --r-. .
(Please print) E / ~:. / A rJH(YJt; . Jv
Address /120 /)I!u/;;!<d, 'Ji':7~) ~.7Z- ;,tJ4 ~9~
. Page 1
AUGUSTA-RICHMOND COUNTY COMMISSION
060013
;. " " ; DESCRIPTION ' ',; :"P,O'..NUMBEW'~ " INVOICE NUMBER. : INVOICE,'AMOUNT .. , " . , ..,.,.,:' '":,,.NETAMOUNT'C',
..." .'0
pRANT 080701 30 , 000 00 0 00 30, 000 00
, J
.. -- ,.. '. -
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
060013 08/17/01 30, 000 00 0 00 30, 000 00
1110 bOO ~ lllD I: 0 b ~. .. 0 .. l 7 5 I: b a 1 0 ~ lo a 1 g loII1
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY AnORNEY
LEE BEARD
ULMER BRIDGES
.JERRY BRIGHAM
HENRY H, BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM 8, KUHLKE, .JR,
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.RICIIMOND.GA.US
GEORGE R. KOLB
Administrator
WM. "WILLIE" H. MAVS, III
Mayor Pro Tem
MEMORANDUM
To:
SOUTHSIDE TUTORIAL PROGRAM
From:
Jim Wall
Date:
June 7, 2001
The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community
Affairs, 'on August] 7, ] 999 addressing two issues and concerns.
Tile 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 contI:act 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 s~ctarian ,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 thafth~ Ci.ty_audit address all grant funds. Therefore, please note the
language included in paragraph 3. _ -
I have attached two copies of the contract" slIlce we must provide one copy to DCA. The
remaining copy is for the City's records. .
Please execute both copies of thecoritnictin order that they may. be returned to me. Further, if
you should have any questions concerning eitliei.the scope of services or~the certification, please call me.
!~
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COlYIMlSSIONER
July 9,2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Mayor
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/Richrriond County
has been included in the Fiscal Year 2002 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
COl}stitution 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,ofthiscontact. 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 full 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,
JH/ja
Enclosure
cc: Richmond County Legislative Delegation'
J ;;-~L-~/rj
EQUAL HOUSING ~
OPPORTUNITY L:J
60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940
www.dca.state.ga.us
An F.ol.lol ()nnorwnitv Emnlover
@ Recycled Paper
GEORGIA DEP;\.RTMENT OF
,COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
. August 9, 2001
Roy E. Barnes
GOVERNOR
Honorable,Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $150,000 representing payment for the following Local
Assistance Grants:
Grant No, 02-C-L-241
Grant No. 02-C-L-605
Grant No. 02-C-L-614
Grant No. 02-C-L-616
Grant No, 02-C-L-699
Grant No,02-C-L"732
$lO'OOOJ:bk~fI&': I~h_""
$20,000 4uJi;air~:IfJJi:i.P ~
$30,000 ~tbJ~ /J.,.,
$20'000~~-lwe'(/)Z'(<~
$50,000 ~(Ui- ~ ~7 ~ . :
$20,000 .J IJJ.Lt ~ /l{ffi?
Also enclosed are copies of the executed contracts for your files
Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a
new Jaw 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,
9~~
Jiin Higdon
Commissioner,
JH/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
Ail Equal Opportunity Employer
* Recycled Paper
{ ..
"
Office of The Clerk of Commission
Lena J. Bonner, CMC
Clerk of Commission
NancY Morawski
Deputy ~Ierk
Room 806 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
(706) 821-1820 - FAX (706) 821-1838
MEMORANDUM
TO:
Ms. Donna Williams, Interim Finance Director
..
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
August 7, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $150,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients: .
ORGANIZATION GRANT NUMBER AMOUNT
Weed & Seed Proaram 02-C-L-241 $10,000
South Augusta Little 02-C-L-605 $20,000
Leaque
Southside Tutorial 02-C:-L-614 $30,000
West Auqusta Little Leaque 02-C-L-616 $20,000
East Auqusta Learninq Ctr. 02-C-L-699 $50,000
Southeastern Burn 02-C-L-732 $20,000
Foundation
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
f'
'..
Page 001' OF: "00'1
Vendor No:' 0000013727'
Vendor Name:' BOARD' OF 'COMMISSIONERS.
~,. ; ::
'STATE OF GEORGIA:"",;:" ''';'\' .~:"; ..:;~;'I,\' 'C-';, ',:": "..','..',,000'.0"0.:4'."9',7','7' 8' ",',..,;".'.,\:.t,I,
':'",::.':DEPAR,TMENT: OF COMMUNln:AFF.A'IRS; '"L:'~.:; ;";0: Check No: ". ': .,' .' ;",>" ..
, . . "" ..', , " "Ch k 0 t'-", ,v: .', :,: 08/08/2001:.:j'i;,
':3::::: :;~:; "~';;>i;'0i.~\ftt.;>:~T::I;)i:/?i;?. ':;" ~o:;oo. ";)
, .
: 02-(:- L- 241:,
:02-C-L-60S:;',
:. 02-C- L-614'.:':
'02.-C- L-699<::
,02-C-L.-732::
; 02:-c-'l'-S'1S,"
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'STATE OF GEORGIA GRL\NT CERTIFICATION FORtYI
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 go'vernor'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 c.opv 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 form should be used for
each grant from the governor's emergency fund or from a spe~ial 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 perform an
audit or perform 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 exatnination .engagements for compliance attestation contained in the Codification of
Statements on Standards for Attestation Engagements.
7. This form 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 q.fGeorgia 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@mai1.audits.state.ga.us
'i
"P
STATE OF GEORGIA GRANT CERTIFICATION FORM
A Local Government
B [nformation For Year Ended
,
,
C State Awarding 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 J)
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
'"
, i
;rW
,~
Indeoendent Accollntant's Report
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
[dale] 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 emergencyfimds and/or special
project appropriation.]
Management is resP9nsible for [name of government]'s compliance with this requirement. Our
responsibility is to 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 of government]' s compliance with the specified requirement.
In our opinion, management' sassertion that [name of government] complied with the
aforementioned requirement for the fiscal year ended [date] is fairly stated, in all material
respects.
/ f6 '
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:
Honorable Charles W. Walker, Senate Majority Leader
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
Augusta 31, 2001
SUBJECT: Fiscal Year 2002 Local Assistance Grant Awards
Enclosed are the following grant awards representing total payment of their FY2001-
2002 State of Georgia appropriations through the Georgia Department of Community
Affairs local Assistance Grant Program.
ORGANIZATION GRANT NO. AMOUNT
Neiqhborhood Improvement 02-C-L-133 & 742 $30,000
Koinonia Community 02-C-L-699 $50,000
Development Corp d/b/a/
East Augusta Learning
Center
Delta Leadership Proqram 02-C-L-772 $20,000
CSRA Transitional Center 02-C-L-131,736 $45,000
National Legacy , 02-C-L-617 $100,000
Foundation
CSRA Economic ' 02-C-L-655 $50,000
Oooortunity
If I can be of further assistance, please feel free to call.
Picked up by ~ ~~/
Date,9,4/LJO(' .. ,r.'
a ,_
..
AUGUSTA-RICHMOND COUNTY COMMISSION
060666
. . ",:. \",DESCRIP.TION.,. " P,O:.NUMBER' ;, 'INVOICE'NUMBER ': ;<;::::'INVOICEAMOUNr . ; ,.,':"..., ,~ .~,..- " NET'AMOUNT', ' . ,.
, "-'
fLlOCAL ASST GRANT AWARD 02CL617 100, 000 00 0 00 lOa, 000 00
, -
.
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
.. 08/31/01
060666 lOa, 000 00 0 00 lOa, 000 00
.)
, ~,";',',' ",~ "'; ~',: '~":""', ,:.,."., ".,' ""~.',.'.,.,'.,, ,',;"',~,..', . ;.,~.'.':',',.' '.,J'_..;' ,.'" ". '."" .', .' ',,' , ',': ,', ',,',,:' ".";, ,.' . , " I_ .'>. . . ,
, " 'e" 'J ~" ",;"~,;,:.~:~.:;,~;(~,,,:,:,,::
$~ljjf",lii~?
',;REGibNS;BANK<bE:~GEORGIA, 'I>
',." ,AU!3USTA';GEORGIA .,
~ ': ",_,-:.h- .~~~_ '
,~ ~, .': .". ,-
., .. ~
1110 bOb b b III I: 0 b ~ ~ 0 Ll 7 5 I: b 8 j 0 ~ lo 8 :11, loII1
Page 001 OF 001
'Vendor No: 0000013727."
'Vendor Name: BOA~O, OF CO.MM ISS lONERS
DEPARTMENT OF COMMUNITY AFFAIR~
"Check No: ,,' ,': , ,
Check Date:
':CheckTotal:
, '.
0000050120
',' 08/22/2001
"$351, OO~',', 00
':-
INVOICE
NUMBER
'02-C-L-112
,02-C-L-131'
'02-C-L-246
';02-C:-L-288
'.02'-C-L-390
:,02'-C-L-558
.'02-C-L-559,
i,02-C-L-610'
'. 02-C- L-617
!02-C,~L-665,
:'02-C,-L-736
:02-C-l,~772
INVOICE
DATE
, ,
ATLANTA', 'GA
BANK 1100 - 1'000
GROSS
AMOUNT
21,000,00
, 5,000,00
10,000,00
5,,000.00
25,000,00
,25,000,00,
25,000,00
25000, 00'
1 00: OOO~:OO
50 000' 00
,40: 000:: 00,
20",000,00
0,00 '
0,00
0,.00
0:00"
'0:,00
,0:..00: ...:.::
",0':00
,'0' 00:'
:~,'O,:~OO-",.,
AMOUNT
PAID
2 1 ,000 ,00
, 5,000,00
10,000,00
5,000',00
'25',000,:00
", , '.25,000.00
25,,000.00
. ,25:,000,.00
100:,000,',00
50;000;',00
'. . '::40',,000;,,00
':"20,',000:..00
08/21/2001, obob28473
08/21/2001 '0000284J6
08/21/2001 000028474
'08/21/2001,.. 000028466
0'8/21/200.1 '0000284,72'
,08/2112001' ,000028'469'
08/21/2001' 00002847,K
08/2'1'/200:1'" 00002846.7.,'
, 08/2'11200,1...' ':000028468'
, '08/2'1'/200:1\' :".000028478:
',08/21'/2001",:.. ;0000284:(.7,
08/21:/2,001:' ,"000,028475
"0,..'
..,', ::. .
I' ~ "
:,:-.t:1",:< '_/(f:...7.~: ." ":f:.!\:;l,';-:"~ ," .. . -?:-' ,":J:'~~;"."_",.' ::' :--~,:'Af.\.~,:~' .,..
""." ' 'p,',!, S;FAlliEOE GEORGIA. "'~"
~~~'~~"~:~:':::' . ,~~,~~:h '....
"""08/22/200,,1: '
'.~;~.~?~{~ri~f~i~~il~j~.,~~..
Pay.Exa~Uy THREE;..'HUNDREO: FiIj;TJ:,.,ONE, THO:~:~,,:~D
. '''''' ..:<~.~~.:;,::::~.,. '.:.::r:-: '-. -:f'7\~;;J.:;.;:::,~';.j:" :. "\':r,~:?"",-
$351 ,000 ,00
:..V,$"
":.;i~/'~ 7"1< ';i~;'r~~~;fh;': "~~[~;1?:~i 1,':'"
~:~:::::,.~~if;~~~,,~,_~!li~i~~_~,~-~~-=-,".-
11-00000 SO ~ 20"- 1:0 b ..0000 ..01: 0'7 0.. '7
.... b 5"-
,/
"
;
AUGUSTA-RICHMOND COUNTY COMMISSION
.JAMES B. WALL
CITY AnORNEY
LEE BEARD
ULMER BRIDGES
,JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COlClOUGl1
WilLIAM B. KUHlKE. JR.
STEPHEN E. SHEPARD
MARION WilliAMS
BOB YOlJNG
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
WM. "WILLIE" H. MAYS, HI
Mayor Pro Tem
MEMORANDUM
To:
NATIONAL LEGACY FOUNDATION
From:
Jim Wall
Date:
June 7, 2001
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
recipiellt 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 plirpose for which the grant will be utilized.
The second concern was the constitutional prohjbition ag~inst 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, sll1ce \ve must provide one copy to DCA. The
remaining copy is fortheCity's records.
Ylease execute both copies ofthe.contractinorder that they may be returned to me. Further, if
YOllshould have any questions concerning:either the scope of services or the certification, please call me.
Off.ice of The Clerk of com~n
Lena J. Bonner, CMC
Clerk of Commission
Room 806 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
(706) 821-1820 - FAX (706) 821-1838
Nancy Morawski
Deputy Clerk
MEMORANDUM
TO:
Ms. Donna Williams, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
August 24,' 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $351,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients: '
GRANT NUMBER
02-C-L-112
02-C-L-131
02-C-L-246
02-C-L-288
AMOUNT
$21,000
$ 5,OO9.,."..~..
$10,Oe:J
$ 5,000
$25,000
$25,000
$25,000
$25,000
$100,000
$50,000
$40,000
$20,000
02-C-L-390
02-C-L-558
02-C-L-559
02-C-L-610
02-C-L-617
02-C-L-655
02-C-L-736
02-C-L-772
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
~..
~
~'"
;;,
..
Grant No. 02-C-L-617
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 intothis 2nd day of July. 2001, 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 $100,000 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:
$100,000
Within twenty days of the Department's receipt of the executed ,
Agreemen t.
$100,000
Total Disbursement
4. Applicable Dates. The effective date of this Agreement is specified on page one.
";
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, Grant No. 02-C-L-617
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 liinited to. a.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 ~forementioned 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 Departri1ent 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. 936-81-8.1 shall result in the forfeiture of such grant and the
return tothe 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.
~.. ~
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Grant No. 02-C-L-6I7
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 p'arties 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]
,
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Grant No. 02-C-L-617
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:
5g;- 2.2-0 If ;17 V
I
Attachments: Exhibit A. "Scope of Services"
F COMMUNITI AFFAlRS
By:
.~
.7
Grant No. 02-C-L-617
Page 5 of 5
EXHmIT A
The Local Assistance Grant shall be used by Augusta-Richmond County for Save Our Students
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 ofa 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.!5- day of June, 2001, 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 ORGANIZA nON 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 CONSIDERA nON of the mutual covenants and agreement
between the parties, it is agreed as follows:
1. AUGUSTA agrees to appropriate to the ORGANIZA nON, and the ORGANIZA nON
accepts, the sum of$100,000.00 (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.
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
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Police and fire protection;
o
Garbage and solid waste collection and disposal;
~
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. 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 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
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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, 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 tha,t 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 reco~ds 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
0; ...-.
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 (] 982), 1 n 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.] AUGUST A 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.
1 O. AUGUSTA may terminate this Agreement, with or without cause, upon five business days
written notice to the ORGANIZATION. [fat the time of termination, any funds under this Agreement have not been
disbursed to the ORGANIZATION, said funds shall be retained by the City.
1 1. In addition to the indemnification provision set forth in paragraph 4 hereof,
ORGANIZA TION 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 COUl1 of Richmond County, Georgia.
4
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] 3. All notices, demands, and requests which mayor are required to be given ORGANIZA nON
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:
NA TIONAL LEGACY FOUNDATION.
IJ"~~ uJGl-/%~ 0~
1i J CA- f'>{;-~ t?Of .? 0' ~CJ 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.
ATTEST:
Title:
NA TIONAL LEGACY FOUNDATION
ORGANIZA nON ----
By: A ~
As its
AUG
Sworn to and subscribed
before me thi~ day of
UU 2001.
~
Notary Pu c
My C~mission Expires:
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Finance D~partment: '
Memo
To: State Grant Recipient
From: Al Denis, Grants Manager
cc: Tammy Strange
Date: 06/08/01
Re: 'Monitoring and Auditing
~
In accordance with grant agreement 12~ -C-L-!d1, it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review do tion of fund usage or a copy of an
audited financial statemen 'cincludes expenditures of Agreement funds.
Telephone No.7C16 -7/~~;:Y/'
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.cd~r'~.-<J .. ~7/(/ fty...'-S &0/ ;?E7~Y
Name
Signature
(Please print)
Address / f /-~
. Page 1
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMJ\oIISSIONER
August 22, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $351,000 representing payment for the following Local
Assistance Grants:
J/p;ct. /!j,..ulo&rJ.Nrant No, 02-C-L-112 $ 21,000~rant No. 02-C-L-559
7!~4)~~ I);r,;Grant No, 02-C-L-131 $5,000 Grant No. 02-C-L-610
~~~ Grant No, 02-C-L-246 $ 10,000' Grant No. 02-C-L-617
, fk.~i6OHIJid Gr.ant No. 02-C-L-288 $ 5,000 Grant No. 02-C-L-665
'./JJJ)r1Mo ~ Grant No, 02-C-L-390 ~ $' 25,000 Grant No. 02-C-L-736
tuttt~ Grant No, 02-C-L-558 $ 25,000 Grant No, 02-C-L-772
Also enclosed are copies of the executed contracts 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 reporting 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,
~~
, Jim Higdon
Commissioner
JH/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
'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
July 16, 2001
Honorable Charles W. Walker, Majority Leader
P.O. Box 1282
Augusta, Georgia 30903-1282
Dear Senator Walker:
Enclosed are Grant Agreements and Monitoring and Auditing Agreements between the
enclosed local grant recipients, and the City of Augusta, which is needed for the
disbursement of their Local Assistance Grant Awards from the Georgia Department of
Community Affairs from the Fiscal Year 2002 State Budget that were made possible
through your efforts.
As you are probably aware, DCA will no longer require the completion of grant
applications by the agencies and will be dispersing 100% of the grant awards initially.
The Mayor has executed the State Contracts on behalf of the city and we have returned
them to DCA. Please have the agencies execute both agreements and return promptly
to my attention so that the disbursements can be handled expeditiously once we receive
the grant monies.
Should you have any questions or need any additional information, please feel free to
'call me at 706-821-1820.
~/r~
Lena J~f/J/.
Clerk of Commission
Enclosures:
:....:,;;..' .
District: (706) 722-4222
Capitol: (404) 656-0040
Fax: (404) 651-5588
COMMITTEES:
Appropriations, ,Secretary
Education, Ex Officio
Finance and Public Utilities, Ex Officio
Health and Human Services, Secretary
Insurance and Labor, Ex Officio
Natural Resources
Reapportionment
Retirement, Ex Officio
Rules
Slate and Local Governmental
Operations, Ex Officio
Transportation, Ex Officio
Charles W. Walker
District 22
Post Office Box 1282
Augusta, Georgia 30903-1282
MAJORITY LEADER
The State Senate
Atlanta, Georgia 30334
May 1 , 2001
Ms. Lena Bonner
Clerk of Commission
530 Greene Street
Augusta, GA 30911
Dear Ms. Bonner,
Please schedule the following grants for approval at the next County Commission meeting or as soon
as possible. Upon approval of the County Commission, please forward all the necessary paperwork '
to this office so that we can contact the grantees. Listed below are the following grants that where
approved by the Georgia General Assembly, which will go into effect July 1 J 2001.
I'Augusta Museum of History
560 Reynolds Street
Augusta, GA 30901
Contact: Julian Osbon (706) 821-3600 x113
Grant Amount: 25,000.00
/Seulah Grove Community Resource Ctr
1446 Linden Street
Augusta, GA 30901
Contact: Dr. Sam Davis (706) 722-4999
Grant Amount: 35,000.00
,
I CSRA Economic Opportunity Authority
1261 Green Street
Augusta" GA 30903
Contact: Gloria Lewis (706) 823-6900
Grant Amount: 50,000.00
v6SRA Transitional Center, Inc
1345 Druid Park Avenue
Augusta, GA 30904
Contact: Dr. Charles Bartholomew (706) 738-5060
Grant Amount: 40,000.00
~ational Legacy Foundation, Inc.
P.O. Box 15297
Augusta, GA 30919
Contact: Dr. Eddie Cheeks (706) 667-8979,
Grant Amount: 100;'000.00
~eighbOrhOod Improvement Project
1446 Linden Street
Augusta, Ga 30901,
Contact: Melinda Rider (706) 790-4440
Grant Amount: 20,000.00
~outhside Tutorial Program
1930 Olive Road
Augusta, GA 30906
Contact: Mary Bogan (706) 733-1270
Grant Amount: 30,000.00
JTerrace Manor Elementary School' 6.0-;
'3100'Tate Road
Augusta, GA 30906
Contact: Dr. Ernest James (706) 796-4910
Grant Amount: 5,000.00
District: (706)722-4222
Capitol: (404) 656-0040
Fax: (404) 651-5588
Page 2
(Delta House, Lucy Laney Museum
1126 Phillips Street
Augusta, GA 30901
Contact: Christine Betts (706) 724-3576
Grant Amount: 75,000.00
~elta leadership Training Program
1126 Phillips Street
Augusta, GA 30901
Contact: Christine Betts (706) 724-3576
Grant Amount: 20,000.00
J Edward Murphy Middle School ~f){
2610 Milledgeville Road
Augusta, GA 30906
Contact: Dr. Eleanor Hopson (706) 737-7350
Grant Amount: 5,000.00
I Augusta Child Advocates
P.O. Box 3347
Augusta, GA 30914-3307
Contact: Julie Bloodworth (706) 737-3006
Grant Amount: 100,000.00
JCSRA Business League
1208 Laney Walker Blvd
Augusta, GA 30901
Contact: Kathy Maness (706) 722-0994
Grant Amount: 50,000.00
9ZQ
Senator Charles W. Walker
I'
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AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. \V ALL
CITY ATTORNEY
LEE BEARD
llLMER BRIDGES
JERRY BRIGIIAM
IIE,~RY II, BRIGHAM
A:'ODY CIIEEK
RICIIARIl L. COLCLOUGH
WILLIAM B, KUHL"E, JR,
STEPIIEN E, SIIEPARD
MARION WILLIAMS
BOll YOliNG
Mayor
P,O, Box 2125
454 GREENE STREET
AUGUSTA, GA 30903
Bus. (706) 821-2488
FAX No: (706) 722-5984
E-MAIL: JIV.\LL@CO.RICHMOND.GA.US
GEORGE R. KOl.B
Administrator
WI\!. "WILLIE" H. MAYS, III
Mayor Pro Tem
December 10,2001
Mr. Tom Fuller
Fuller Frost & Associates
Suite 950, Trust Company Bank Bldg,
801 Broad Street
Augusta, GA 30901
RE: National Legacy Foundation
Dear Tom:
You will recall that we spoke approximately a month or more concerning the
Finance Department's request for information concerning the National Legacy Grant. Although
infOl;mation had been submitted to the Finance Department, it was unorga~1ized and of no benefit.
You indicated that you would compile the information and furnish a check register for 2000
along with other supporting documentation within a week of that conversation,
Further, becallse of the additional Grant that was given, we need the same
information for 2001. Mr. Dennis with the Finance Department has contacted Dr. Cheeks, bt.lt
has again been told that your office has everything and that we are to contact you,
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We must have the records previously promised within the next two weeks, or the
National Legacy Foundation will be out of compliance wit}1 the Grant Agreement and Augusta
will be unable to submit a "Grant Certification Form" to the State indicating that they are in
compliance.
Your prompt attention to getting this information to us will be appreciated.
Although I recognize that it is the responsibility of the National Legacy Foundation, my
...
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Mr. Tom Fuller
Page 2
December 10, 2001
understanding is that you have the information and will provide it to us.
With best personal regards, I am
Y ol.ir's very truly l -
{J 1 ~ lJat/
Jails B. Wall I
JBW/sjp
cc: Dr. Eddie Cheeks
Ms, Donna Williams
Ms. Tammy Strange
Ms. Lena Bonner
<
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,- Fft.:X (706) 821-1838
MEMORANDUM
TO:
Ms. Donna Williams, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
September 4, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $190,000 from the Department of Community
Affairs. Please ,issue Augusta~Richmond County checks to the following Local
Assistance Grant recipients:
ORGANIZATIONS , GRANT NUMBER AMOUNT
AUQusta Opera 02-C-L-590 $25,000
AUQusta Recreation Dept. 02-C-L-128 $ 5,000
, AUQusta Players 02-C-L-591 $10,000
AUQusta Cotton ExchanQe 02-C-L-944 $50,000
Delta House Laney 02-C-L-660 $75,000
Museum
AUQusta Museum of History 02-C-L-587 $25,000
Auqusta Youth Center 02-C-L-602 $5,000
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
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STATE OF GEORGIA )
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this ~day of June, 2001, between AUGUSTA,
GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County
Commission, (hereinafter referred to as "AUGUSTA"); and AUGUSTA PLAYERS hereinafter referred to as the
"ORGANIZA TION");
WIT N E SSE T H:
WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs
and to A.UGUSTA a proposal to provide certain services as set forth in the Application for funding filed with the State,
which is incorporated herein by reference; and
WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential
and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZA nON can provide the services
in a cost-effective and efficient manner;
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement
between the parties, it is agreed as follows:
I. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION
accepts, the sum of$IO,OOO.OO (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 including operational costs and expansion 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
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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. 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
infonnation, 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 ofthe 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 AUGUST A documentation of Fund use or a copy of audited financial statements until all expenditures of
2
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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 repOli, 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, 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 9 50l(c) of the Internal
Revenue Code.
8. ORGANIZA TION 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
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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, Ci~y 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." I 53 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 ORGANIZA nON, said funds shall be retained by the City.
11. In addition to the indemnification provision set forth in paragraph 4 hereof,
ORGANIZA TION 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 Rich.mond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia.
4
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13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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 PLA YERS,
/8/J1 GI(&glf/~ -8t: .!1UITE" .JIb'!
4/"/f;tHrJ1l -6 A t~IJ'l(J1
. I -
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.
tf~.
AUGUSTA PLA YERS
ORG~ATION
By:' ~"j ~ttLJ
As its ~~-;:;:-v"iVlleaf()~
~~~~ST.~~~
Sworn to and subscribed
before me thi~ay of
,9&4-~, ,2001~
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.:; My'Conlmis'Sibn Expires:
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Grant No. 02-C~L-591
Page 1 of 5
STATE OF GEORGIA
COUNTY OF DEKALB
STATE OF GEORGIA
DEPARTMENT OF COMMUNITY AFFAIRS
AGREEMENT FOR GRANTING OF STATE FUNDS
:CHIS AGREEMENT entered into this 2ml day of July, 2001, 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 $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 c()mpletion 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.
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Grant No. 02-C-L-591
, 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 ~45-1O-28 and a.c.G.A. ~36-67A-1 through ~36-67A-6 and th'at 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. 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
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, fin,ancial 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 Forin.' 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. ODen 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 afficial 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 fo~ 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.
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Grant No. 02-C-L-591
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 Heritqge 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
nece$sary 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.
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[Executions on following page]
A.
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Grant No. 02-C-L-591
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 1D Number:
58-2204274
Attachments: Exhibit A. "Scope of Services"
FOR THE DEPARTMENT OF COMMUNITI AFFAIRS
By:
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DCA mmissioner ,
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"
Grant No. 02-C-L-591
Page 5 of 5
EXHIBIT A
The Local Assistance Grant shall be used by Augusta-Richmond County to assist with additional cost
of matinees and expand program for the Augusta Players.
, . 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
Recipientwith a substantial ben'efit.
. 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.
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,AUgusta"!Ric'lmo~d ~u~tv--
Finance DFpartment:
Memo'
To: State Grant Recipient
From:AI,Denis, Grants Manager
CC: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
In accordance with grant agreement 2J~ -C-L~, it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") 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 Grantor. The Recipient further agrees
that an accounting of these funds shall be included in the next regularly scheduled
audit' or financial statemen~ of the Recipient and any future audits for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Withili 90 days of receipt of state funds, the department will contact you and atime
will be arranged in which to review documentation of fund usage or a copy of an
audited finantll statement which inclUdes.. expenditures of Agreement funds.
Name ,(tlinz~ Ci5tL1A.A~ Tel,ephone No. 7()(P ~ Ra~- 067
Signature r:J /
(Please print) ~ / ~ /') (J1l J'J /; >8-.11 / / J'f ~ .
Address ~g I? I I(? //}-7-r-M/E ~ ),T;?J t:")iT c ~ 1/ IrE' t? /J V ..4/ B (/ s!J? r:;jJ 0 tJ 90/
. Page 1
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:
Honorable Jack Connell, Speaker Pro Tern
FROM:
LenaJ. Bonner, Clerk of Commission
DATE:
September 7,2001
SUBJECT: Fiscal Year 2002 Local Assistance Grant Awards
As you requested in your memorandum dated May 11, enclosed are the following grant
awards representing total payme~t of their FY2001-2002 State of Georgia
appropriations through the Georgia Department of Community Affairs Local Assistance
Grant Program along with a copy of their grant agreement:
ORGANIZATION GRANT NO. AMOUNT
Augusta Players 02-C-L-48 & 591 $35,000
Golden Harvest Food Bank 02-C-L-390 $25,000
Harrisburg West End 02-C-L-559 $25,000
Neighborhood Assoc. Inc.
Laney Museum 02-C-L-558 $25,000
Auqusta Museum 02-C-L-557 $25,000
If lean be of further assistance, please feel free to contact me.
AUGUSTA-RICHMOND COUNTY COMMISSION
061080
'-'<,'" "",(, -: DESCRIPTION',' .' ", '.P,O; NUMBER .- ':"INVOICENUMBER,-"" " :,hi' INVO ICE:AMOUNT," " , , NET-AMOUNT',:,:,
,--
3 RANT AWARDS 090701 10, 000 00 0 00 10 , 000 00
-, ,
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
061080 09/07/01 10 I 000 00 0 00 10 I 000 00
II- 0 b ~ 0 8011- I: 0 b, ~ 000 2 2 71: 2080000 70 28 7 b 11-,
GEORGIA DEPARTl\''lENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
Roy E. Barnes
GOVERNOR
September 5,2001
Honorable Bob Y oung,Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $190,000 representing payment for the following
Local Assistance Grants:
Grant No. 02-C-L-587
Grant No. 02-C-L-590
Grant No. 02-C-L-591
GrantNo. 02-C-L-602
Grant No. 02-C-L-660
Grant No. 02-C-L-944
$25,000 /h1~ m e(S€U A'\..
$25,000 fW6 t!fJ(E~n
$10,000 ~ .pt('rl.l~5
$ 5,000 flu~ 2{tflfm-CT!2-
$75,000~e-U".4 tiJus~- ~ .t.eAA-IYEZf /fIus.EUn\.-
$50,000 trJf($.{]J TT.:);V €,(c~E'"
Also enclosed are copies of the executed contracts 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 infohriationwith the State Auditor could result in a forfeiture of
the grant and a mandatory retum of the-funds to the State. If you have any questions about
these repOlting 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,
.~Hr
Jim Higdon
Commissioner
JH/ja
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 Opportuniry Employer
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:02-C-L~587' .;
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02-C'-L-591;'
02-C.-l.;-602'
'.02-C-l-660'.
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Vendor No: . 0000013727
Vendor Name:; 'AUGUSTA', R.ICHMONO'CTY BO 0
0000050418....,
.. 08(31/200 t
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. DATE
. 08/30/2001
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. . AMOUNT'
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A.UGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
JERRl' BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR.
STEPHEN E. SHEPARD
MARION WILLIAMS
BOB YOUNG
Mayor
P.O. Box 2125
454 GREENE STREET
AUGUSTA, GA30903
Bus. (706) 821'-2488
FAX No: (706) 722-5984
E-MAIL: JWALL@CO.RICHMOND.GA.US
GEORGE R. KOLB
Administrator
WM. "WILLIE" H. MAYS, III
Mayor Pro Tem
MEMORANDUM
To::
AUGUSTA PLAYERS
From:
Jim Wall
Date:
June 7,2001
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 co'i1stitutiorial 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.
r 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 eith~r the scope of services or the certification, please call me.
Office of the Mayor
Bob Young, Mayor
Room 806, Municipal Building
530 Greene Street, Augusta, GA 30911
(706) 821-1831 - FAX (706) 821-1835
E-mail: mayoryoung@co.richmond.ga.us
"
I July 23, 2001
,-
Honorable Jim Higdon, Commissioner
Georgia Department of Community Affairs
60 Executive Park South, N.E.
Atlanta, Georgia 30329
Dear Commissioner Higdon:
Enclosed are executed DCA Agreements for the following fiscal year 2002 Augusta-Richmond
County grant recipients:
ORGANIZATION GRANT NO. AMOUNT
Augusta Opera 02-CL-590 $25,000
Augusta Museum 02-CL-587 $25,000
Delta House 02-CL-660 $75,000
Augusta Youth 02-CL-602 $ 5,000
Augusta Players 02-CL-591 $10,000
Augusta Cotton 02-CL-944 $50,000
Exchange Museum
As always, we appreciate your continued assistance in the administration of Augusta's grant
awards.
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
July 16, 2001
The Augusta Players, Inc.
Ms. Debbie Ballas
1301 Greene Street
Augusta, Georgia 30901
Dear Ballas:
Enclosed is a Grant Agreement and a Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award' from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies.
Should you have any questions or need any additional information, please feel free to
call, me at706-821-1820.
Very truly yours,
~
Lena J. Bonner,
Clerk of Commission
Enclosures:
i);)-CL-~
~.
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 18,2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
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 2002 State Budget. The attached contract when executed commits
state funds to assist with additional cost of matinees and expand program for the Augusta Players.
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
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full 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,
o~
Jim Higdon
Commissioner
JHlja
Enclosure
cc: Richmond County Legislative Delegation
() 2- -{;/--59 /
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
.lIIIIl
~
i
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 c.opy 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 form should be used for
, each 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 CP A 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 perform an,
audit or perform 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 independ~nt CPA should conduct the engagement in accordance with the
staridards for examination engagements for compliance attestation contained in the Codification of '
Statements on Standards for Attestation Engagements.
7. This form 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@maiI.audits.state.ga.us
\
-
..
~
STATE OF GEORGIA GRANT CERTIFICATION FORM
A Local Government
B Information For Year Ended
~ ,
.
C State Awarding Agency
0 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
9r 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'
,~
--
.;
17
In delJ en dent Accountant's RelJort
We have examined management's assertion included in the accompanying State of Georgia
Grant Certification Form about [name oj 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 Junds and/or special
project appropriation.]
Management is resp?nsible for [name of government]'s compliance with this requirement. Our
responsibility is to 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 oj 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 oj government]' s compliance with the specified requirement.
In our opinion, management's assertion that [name oj government] complied with the
aforementioned requirement for the fiscal year ended [date] is fairly stated, in all material
respects.
,
"
"
. ,of
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, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
August 7, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $150,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
ORGANIZATION GRANT NUMBER AMOUNT
Weed & Seed Program 02-C-L-241 $10,000
South Augusta Little 02-C-L-605 $20,000
League
Southside Tutorial 02-C-L-614 $30,000
West Augusta Little League 02-C-L-616 $20,000
East Augusta Learnino Ctr. 02-C-L-699 $50,000
Southeastern Burn 02-C-L-732 $20,000
Foundation
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
"
. -
..
.'
Page 00 l' OF' 001
Vendor No: 00000,13727',
Vendor Name;: ~~ARO OF COMMISS IONE~~::'
. STATE OF GEORGIA'
OEPAR l'MENT. OF COMMUNT-TV.
, ',ATLANTA;;' GA:,
,:(:~;t{~~~f~;~~~;fC!~t:,:~d};:'}~~:igi~igi~!
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INVOICE' '
NUMBER'
02'-C-L-241<'
02- C - L - 605:,' ,; ",
02-C-L-614""
02,-C-I:-699c;'
02,-C- 1.:.-,732:; ;
02- C -1'- 61.6;::,:;::
.,' ", DISCOUNT'
.. :,./:,':,:': "", TAKEN,:
,;;.:.;:,~MOU~"F
,;,."PAID '
08/03/2do;1~:;;0000279;12' '
08/03'/200 1i:,,': 000027909"
,08/03:1,200:1']>,;':00002791'1'. '
. 08/03/2001( .-;': 0000279.14:,
'08/03,/200L','.,,:0000279.10'
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" ~;~'.~:. "1.:,:...>:,:,::,'""~~.;:,,',:.;,:,{,,.~:,;,;',;'(?h{~t ":':;,,::
....:. ..:~\: . \ . . .
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!.\.... ~,...,~ .'.:'
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..... ...(:.:tl~::~~~:::: O' '0"- :..."t
,', ,', ;,:':/:,:'.., . ,1 :,0 a:,: '00,',\;:
I;~~:. '" '0',:', ,20:~..000>00:..{fl
- ,','..', '" 30.,000".00. ,>,
.;,'"i1tft';h;j'~:.,:.~g~,~g,,{,l,;.'i
;.,..,;.:.,,~_/.,i:;_..l. ,- ..':>-,;,-,." ~.~-._..,
.~. ,.... .~,.
'.;::.:.~';~::7'~,~ ~ :'\.t;/.> . .\\.~:::. .~::~{~ ~~~
,l':'
':>:. ;'''::(..;,:'/;'
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",'":1'
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<,... :-;.;, ~ ';~,f
,~.:~:>.::~~;~::.~~:~., ,..~..,"~.-:. , . H
. . ..;~~"~lf~
:--.:' ./::::.~>~.t ':i;':.' ;"'~'~ ,:.,i
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L.._.__.__n ...:.:.,..,
"
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 13, 2001
Master City Little League
C/O Mr. banny Tapley
2103 Hobson Court
Augusta, Georgia 30906
Dear Danny:
RE: Grant No. C-L-605
Enclosed is a check in the amount of $20,000 representing total payment of your
FY2001-2002 State of Georgia appropriations through the Georgia Department of
Community Affairs Local Assistance Grant Program.
If I can be offurther assistance, please feel free to call.
Enclosure:
Picked up by
W ~o;-;o \~
Date~\o{
;-
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
August 9, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $150,000 representing payment for the following Local
Assistance Grants:
Grant No. 02-C-L-241
Grant No. 02-C-L-605
Grant No. 02-C-L-614
Grant No. 02-C-L~616
Grant No. 02-C-L-699
Grant No. .o2-C-L-732
~J'
$10,000 ~ fI,
$20,000 ~~", A. ~
$30,000j~rUJ~ IJA;o,
$20'000~~~e~~
$50,000 ~(i.Ai -6:t.- UT7 i . :
$20,000.J IUl.t ~!),Uk;
Also enclosed are copies of the executed contracts 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 repOlting 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,
9~~
Jim Higdon
Commissioner,
JH/j a
Enclosures
EQUAL HOUSING ~
OPPORTUNITY L=.J
60 Executive Park South, N.R. . Atlanta, Georgia 30329-2231 . (404) 679-4940
www.dca.state.ga.us
All Equal Opportunity Employer
* Recycled Paper
~
.
STATE OF GEORGIA GRANT CERTIFICATION FORNI
v
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 copv 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 form should be used for
each 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 perform an
audit or perform 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 funqs 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 form 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
..
1'"\
,
STATE OF GEORGIA GRANT CERTIFICATION FORM
A Local Government
B Information For Year Ended
I
C S tate 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
..
--f"
Independent Accountant's Report
We have examined management's asse:-::ion included in the accompanying State of Georgia
Grant Certification Form about [name ~l gQveniment]'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 followi:lg grant award(s): ,
[Individually identify each grant award of governor's emergency funds and/or special
project appropriation.)
Management is resP9nsible for [name of government]'s compliance with this requirement. Our
responsibility is to express an opinie.;1 on management's assertion about the [name of
government)'s compliance based on our e:':amination.
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 compliar:ce 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 a?inion. Our examination does not provide a legal
determination on [name of government)' 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.
AUGUSTA-RICHMOND COUNTY COMMISSION
060007
, DESCRIPTION " ,'.'," ; . :'. : ~~':~ j..~,~ ,;,. ',' ,"'.:P,O:' NUMBER':, :' INVOICE'NUMBER: " ",INVOICEiAMOUNr>:'" " .. -- .,." ':2:\NETAMOUNT;"
GRANT 02CL605 20 I 000 00 0 00 20 I 000 00
- ,-, --
,
CHeCK NUMBeR CHeCK DATE TOTAL INVOices DISC TOTAL CHeCK TOTAL
060007 08/17/01 20, 000 00 0 00 20 , 000 00
1110 bOO 0 7 III I: 0 b ~ ~ 0 ~ :l 7 5 I: b a :l 0 l. L. a :l g L. 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
August 30, 2001
Master City Little League
C/O Mr. Danny Tapley
2103 Hobson Court
Augusta, Georgia 30906
Dear Danny:
Enclosed is a Grant Agreement and a Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies.
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 HORNEY
LEE BEAR[)
ULMER BRmGF,S
.JERRY BRIGHAM
HENR\' H. BRIGHAM
AN[)Y CHEEK
RICHAR[) L COLCLOUGH
WILLIAM B. KUHLKE, JR.
STEPHEN E. SHEPAR[)
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;JIVALL@CO.RICHMOND.GA.US
GEORGE R. KOLIl
Administrator
WM. "WILLIE" H. MAYS, III
Mayor Pro Tem
MEMORANDUM
To:
Master City Little League
From:
Jim Wall
Date:
August 28, 2001
The ~ttorney 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. 1n 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 haveuattached two copies of the contract, sll1ce we must provide one _copy to DCA. The
remaining copy is for the City'srecords.
,Please execute both copies:ofthecontract in order that they may be returned to me. Further, if
you should have any questions concerning either the scope of services or~he'certification, please call me.
>~
STATE OF GEORGIA )
RICHMOND COUNTY ) GRANT AGREEMENT
cJ7;/(~
THIS AGREEMENT, made and entered into this~ day of ~', 2001, 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");
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:
I. 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 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 recreational programs and facilities, including additional lighting for 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 lilllited to the following:
1
,
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
I ights, 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;
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. ORGANIZA TION 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 ofthe 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. 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 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 unti I all expenditures of
2
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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 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 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. 9 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which
constitute more than 33 ] /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. ORGANIZA TIONacknowledges 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, CiZ)l 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. 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,
ORGANIZA TION 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. A II 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.
4
..
13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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 LITTLE LEAGUE
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:
MASTER CITY LITTLE LEAGUE
ORGANIZA nON
B~s~ )~~
~
Sworn to and subscribed
before me this _ day of
, 2001.
Notary Public
My Commission Expires:
5
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~~> ...'
,
Grant No. 02-C-L-605
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 2nd day of July, 2001. by and, between the Department of
Community Mfairs 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 $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. 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 retumed 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 ~pecified on page one.
1--
.'
Grant No. 02-C-L-605
Page 20f 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 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 mal\e 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 phqtographs 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 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 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
retum to the state of any such grant funds that have been received by the Recipient.
I '
8. Open Meetings. The Recipient certifies that in approving this Agreement, it has
, complied with all the open meeting requirem'ents 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.
Ie;.
.,
Grant No. 02-C-L-605
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; (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 bereasonably
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]
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Grant No. 02-C-L-605
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:
5'6 ~ :Ja:;<f ~ '(f
Attachments: Exhibit A. "Scope of Services"
FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS
By:
Vk
I"
~:
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Grant No. 02-,C-L-605
Page 5 of 5
EXHmIT A
The Local Assistance Grant shall be used by Augusta-Richmond County to purchase additional
lighting for the little league fields in Richmond County. J
. If the preceding statement of purpose designates a private program or entity for
aGcomplishing 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 contrac't 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.
11III&II
- -. - .-= -
Memo
To: State Grant Recipient
From:AI Denis, Grants Manager
cc: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
In accordance with grant agreement a-C-L-?lJ5-. it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") deems
necessary to monitor performance, of this Agreement. The Recipierit 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for qr receiving any further grants or other funds
from the Grantor, until such findings are resolved' to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation of fund usage or a copy of an
audited financial statement which inCludes expenditures of Agreement funds.
NameW ~~+ . ,. Telephone No. ')qj)-'5'/'5~
Signature . L- '\.
(Please print) W ,\:)".;y, '" ':~
Address :ll o~ \..lD~~ t \:, ~ 1_ _ Y\Ov 30qo~
Q
.- Page 1
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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 30, 2001
Master City Little League
C/O Mr. Danny Tapley
2103 Hobson Court
Augusta, Georgia 30906
Dear Danny,:
Enclosed is a Grant Agreement and a Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies.
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
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RIel-lARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR.
STEPHEN E. SHEPARO
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
WM. "WILLIE" H. MAYS, [II
Mayor Pro Tem
MEMORANDUM
To:
Master City Little League
From:
Jim Wall
, Date:
August 28, 2001
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 cOIlcluded 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, Sll1ce 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.
<.\
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GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 9, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Ma yoI'
Augusta/Richmond County
530 Greene Street
Augusta, Georgia 31510-0356
Dear Mayor Young:
I am pleased to advise you that $20,000 in Local Assistance funds for Augusta/Richmond County
has been included in the Fiscal Year 2002 State Budget. The attached contract when exe'f.tedLJOm~~.'//.".A.MfA'
state funds to purchase additional lighting for the little league fields in Richmond County...,otJll,l:Eb t!tI r~
.1 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
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full 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.
JH/ja
Enclosure
cc: Richmond County Legislative Delegation
Or:J- ~L---r;OS--
eQUAL HOUSING ~
OPPORTUNITY L=.J
60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679.4940
www.dca.state.ga.us
All Equal Opporrunity Employer
* RecI'cled 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
MEMORANDUM
TO:
Honorable Charles W. Walker, Senate Majority Leader
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
Augusta 31, 2001
SUBJECT: Fiscal Year 2002 Local Assistance Grant Awards
Enclosed are the following grant awards representing total payment of their FY2001-
2002 State of Georgia appropriations through the Georgia Department of Community
Affairs Local Assistance Grant Program.
ORGANIZATION
Nei hborhood 1m rovement
Koinonia Community
Development Corp d/b/a/
East Augusta Learning
Center
Delta Leadershi Pro ram
CSRA Transitional Center
National Legacy
Foundation
CSRA Economic
o ortunit
GRANT NO.
02-C-L-133 & 742
02-C-L-699
AMOUNT
$30,000
$50,000
02-C-L-772
02-C.:.L-131,736
02-C-L-617
$20,000
$45,000
$100,000
02-C-L-655
$50,000
If I can be of further assistance, please feel free to call.
Picked up by LIZ. ~v-/
Date ,9 ~/LlcJ/ . r
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AUGUSTA-RICHMOND COUNTY COMMISSION
060467
.'~"<-(::. ':: DESCRiPTION,,", " P.O::-NUMBER:: ,UNVOICENUMBER:,3;', ,c''iINVOICE,AMOUNT ,:, ,:" ..:,",), ':-, 'NELAMOUNT...", '
i.JOCAL ASST GRANT AWARDS 02CL131 5, 000. 00 0 .00 5,000 .00
IUOCAL ASST GRANT AWARD 02CL736 40, 000. 00 0 .00 40, 000 .00
..' '- -- - ..
,
CHeCK NUMBeR CHeCK DATe TOTAL INVOICES DISC TOTAL CHeCK TOTAL
060467 o 8 / 3 1/ 0 1 45, 000.00 0.00 45, 000. 00
1110 [;0 I.. [; 7111 ':0 [; .. ..0 .. l 75':[;8 lO .. 1..8 l g 1..111
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Grant No. 02-C-L-736
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 2nd day of July. 2001. by and between the Department of
Community Mfairs 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 isa 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 $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
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:
$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.
.. .ii
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Grant No. 02-C-L-736
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 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 RecipienL Ifat the time of termination, any funds under
this Agreement have not been disbursed to Recipient, said funds shall be retained by the Department.
.:..
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Grant No. 02-C-L-736
Page 3 of 5
11. Satisfaction. In the event the Department deteimines, 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. a.t 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 (l982).'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. 02-C-L-736
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written
above.
By:
Federal Employers ID Number:
58: -;2~Dr;).?tf
Attachments: Exhibit A. "Scope of Services"
By:
"
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Grant No. 02-C-L-736
Page 5 of 5
EXHIBIT A
,The Local Assistance Grant shall be used by Augusta-Richmond County for operational funding for the
CSRA Transitional Center, Inc. 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.
"
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STA TE OF GEORGIA )
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of June, 2001, 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 celtain 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 CONSIDERA nON of the mutual covenants and agreement
between the parties, it is agreed as follows:
I . AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZA nON
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 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 ormore of the following powers set forth in
said Constitution or by general law including but not limited to the following:
1
...-'
o Police and fire protection;
o Garbage and solid waste collection and disposal;
ff 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 buil,ding, housing, plumbing, and electrical codes; or
o Air quality control
3. ORGANIZATION fwiher agrees to expend the Funds for the said purposes and to account
for such Funds in accordance with generally accepted accounting principles. FUI1her, 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 ofthe 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
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the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved findings of
A UGUST 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, 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. 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 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. S 50-18-70, et seq.).
ORGANIZA TION 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. ORGANIZA TION 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. CityafLaGrange, 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." ] 53 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 supernatunil beings" and ORGANIZATION hereby
certifies to AUGUSTA 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. 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.
1 I. In addition to the indemnification provision set forth in paragraph 4 hereof,
ORGANIZA TION 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
ORGANIZA TION 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.
4
. ..,.~ .".. .
13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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..
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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.
ORGANIZA nON
By: . (......"... ~~\...=>~"k::>
As Its \:>'._ vi- IT'
ATTEST: ~)
Title:
Sworn to an s:bscribed
before me this 30'k\.:-day of
-- ,2001.
tp:
Notary Pu lic
My Co~ission Expires:
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:' ,Augusta.aiC~mO~~ Cou~ty_
Finance Department i -
~" I f
Memo
To: State Grant Recipient
From:AI Denis, Grants Manager
CC: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
Inaccordance with grant agreement ~ -C-L-~, it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs ,that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Gral)tor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings: are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to reviE3w documentation of fund usage or a copy of an
audited financial statement which includes expenditures of Agreement funds.
Name L\.....~ '--~. ~~__~.- - .. J~\...'i.) Telephone NO."\QIo -'~-~~Q
Signature . '
(Please print) c",.,.,.,.\..._>~r-\,,~\~0 7",,'\:).
.
Address \"'!'-J~o:::.- \)..~'L~ 7<'lC'~~~' ,~,->~"'.\...c>.\ ~~ ::,a;;Ao,-\
. Page 1
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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
July 16, 2001
Dr. Charles Bartholomew
CSRA Transitional Center
1345 Druid Park Avenue
Augusta, Georgia 30904
Dear Dr. Bartholomew:
Enclosed is a Grant Agreement and a"Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies.
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
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR.
STEPHEN E. SHEPARO
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.RICIIMONO.GA.US
GEORGE R. KOLB
Administrator
WM. "WILLIE" H. MAyS, III
Mayor Pro Tem
MEMORANDUM
To:
CSRA TRANSITIONAL CENTER, INe.
From:
Jim Wall
Date:
June 7,2001
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 benefitto 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 ,!id prohibition, Accordingly, I have included a certification that your
organizatiol? is not "organized out of beliefin 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.jncluded in paragraph 3.
1 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 orderthat they ma)' be returned to me. Further, if
you should have any questions concerning either-the scope of services or the certification, please call me.
.,~,
GEORGIA DEPARTlVIENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 9, 2001
Roy E. Barnes
GOVERL'iOR
Honorable Bob Young
11ayor '
Augusta/Richmond County Commission
530 Greene Street
A ugusta, 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 2002 State Budget. The attached contract when executed commits
state funds to contract for services with CSRA Transitional Center, Inc. in Augusta to provide counseling
and alternative programs to combat juvenile delinquency.
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 re'viewing 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 full 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,
/-'""'-
L1i~
, ~J Higdon
Commissioner
JHJja
Enclosure
cc: County Legislative Delegation
~:J--CL- /3)+ 13~
eQUAL HOUSING ~
OPPORTUNITY L=.J
60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940
www.dca.state.ga.us
All Eallal OooorlUllitv Emolover
@ Recycled p'aper
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
August 22, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Y ollng, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check m the amount of $351,000 representing payment for the following Local
Assistance Grants:
~d III..uJoecrJ.,orantNo. 02-C-L-112 $ 21,000~rant No. 02-C-L-559
~,~)~~ tb;;Grant No. 02-C-L-131 $ 5,000 Grant No. 02-C-L-61O
'~~~ Grant No. 02-C-L-246 $ 10,000 Grant No. 02-C-L-617
&~d.f;jJ1Ji{ Grant No. 02-C-L-288 $ 5,000 Grant No. 02-C-L-665
l:IJItlJAu ~ Grant No. 02-C-L-390 ' $ 25,000 Grant No. 02-C-L-736
tu'1t~ Grant No. 02-C-L-558 $ 25,000 Grant No. 02-C-L-772
Also enclosed are copies of the executed contracts 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 reporting 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 cal1 Bobby Stevens at (404) 679-4943.
Sincerely,
~~
Jim Higdon
, Commissioner
JH/ja
Enclosures
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 Opportllniry Employer
* Recycled Paper
Office of The Clerk of com~n
r.
'...
'1
'.
Lena J. Bonner, CMC
Clerk of Commission
Room 806 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
(706) 821-1820 - FM (706) 821-1838
Nancy Morawski
Deputy Clerk
MEMORANDUM
TO:
Ms. Donna Williams, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
August 24, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $351,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
GRANT NUMBER
02-C-L-112
02-C-L-131
02-C-L-246
02-C-L-288
AMOUNT
$21,000
$ 5,00Q...,.,'"'
$10,OC:J
$ 5,000
$25,000
$25,000
$25,000
$25,000
$100,000
02-C-L-390
02-C-L-558
02-C-L-559
02-C-L-610
02-C-L-617
02~C-L-655
$50,000
02 -C-L -736
, 02-C-L-772
$40,000
$20,000
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
V 1M t c:. VI- Ul_vnUIr\
, 0000050120
'" ',:08/22/200:1
'$351:,000': 00
OEPARTMENT OF COMMUNITY AFFAIR~
.,.:,.
, Check, No:
Check Dale: "
"Check T91al:
Page 001 OF 001
Vendor No.: 0000013727
:'Vendor Name: BOAR'O OF COMM I,SSIONERS
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INVOICE
NUMBER
',02,..C-L-112
!02-C-L-'131'
'02-C-L-246
!02-C'- L- 28 8
.:02'- C - L - 3 90
:02-C-L-558
'02-C-L-559'
;:,02-C-L-610:
','02- C- L-6,17"
\02-C-L-665
;,02- C,- L -736
02-C-L-772
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BANK 1100-1000,
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AMOUNT
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5,000,00
10,000,00
5,,000.00
25,000,00
:25,000, DO
,25,000.00
" 25',000':,00'
100,,000',00'
50,000.00
40,000,00,
, 20:,000 ,00
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TAKEN
AMOUNT
PAID
21,000,00
5,000.00
10,000, '00
5,000.00
'25,000..00
,25,000.00 '
25..000,00
",25.,000':00
100i, 000:, 00'
, '50,000::00
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08/21~2001 000028473
08/21j2001 000028476
08/21/2001 00002847~
08/21/200'1., 000028466
08/21/,2001 0000284-72
08'/21/2001' 000028469:
,'08/21/2001' ,0000284'T1:,'
08/21/200'1' . 00002846,7:,
08/2'1./200t.... :000028468:
, 08/2'1:/2001:,:"000028478:
,08/2t/200'l',:, .';0000284;77:
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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
July 16, 2001
Honorable Charles W. Walker, Majority Leader
P.O. Box 1282
Augusta, Georgia 30903-1282
Dear Senator Walker:
Enclosed are Grant Agreements and Monitoring and Auditing Agreements between the
enclosed local grant recipients and the City of Augusta, which is needed for the
disbursement of their Local Assistance Grant Awards from the Georgia Department of
Community Affairs from the Fiscal Year 2002 State Budget that were made possible
through your efforts.
As you are probably aware, DCA, will no longer require the completion of grant
applications by the agencies and will be dispersing 100% of the grant awards initially.
The Mayor has executed the State Contracts on behalf of the city and we have returned
them to DCA. Please have the agencies execute both agreements and return promptly
to my attention so that the disbursements can be handled expeditiously once we receive
the grant monies.
Should you have any questions or need any additional information, please feel free to
call me at 706-821-1820.
~Ir~
Lena J~((f
Clerk of Commission
Enclosures:
:.-:!:.
COMMITTEES:
Appropriations, Secretary
Education, Ex Officio
Finance and Public Utilities, Ex Officio
Health and Human Services, Secretary
Insurance and Labor, Ex Officio
Natural Resources
Reapportionment
Retirement, Ex Officio
Rules
State and Local Governmental
Operations, Ex Officio
Transportation, Ex Officio
Charles W. Walker
District 22
Post Office Box 1282
Augusta, Georgia 30903-1282
District: (706) 722-4222
Capitol: (404) 656-0040
Fax: (404) 651-5588
MAJORITY LEADER
The State Senate
Atlanta, Georgia 30334
May 1 , 2001
Ms. Lena Bonner
Clerk of Commission
530 Greene Street
Augusta, GA 30911
Dear Ms. Bonner,
Please schedule the following grants for approval at the next County Commission meeting or as soon
as possible. Upon approval of the County Commission, please forward all the necessary paperwork
to this office so that we can contact the grantees. Listed below are the following grants that where
approved by the Georgia General Assembly, which wiU go into effect July, 1, 2001.
(Augusta Museum of History
560 Reynolds Street
Augusta, GA 30901
Contact: Julian Osbon (706) 821-3600 x113
Grant Amount: 25,000.00
IBe~lah Grove Community Resource ctr ;
1446 Linden Street
Augusta, GA 30901
Contact: Dr. Sam Davis (706) 722-4999
Grant Amount: 35,000.00 '
,
l CSRA Economic Opportunity Authority
1261 Green Street
Augusta, GA 30903
Contact: Gloria Lewis (706) 823-6900
Grant Amount: 50,000.00
v6'SRA Transitional Center, Inc
1345 Druid Park Avenue
Augusta, GA 30904
Contact: Dr. Charles Bartholomew (706) 738-5060
Grant Amount: 40,000.00
~atlonal Legacy Foundation, Inc.
P.O. Box 15297
Augusta, GA 30919.
Contact: Dr. Eddie ~heeks (706) 667-8979,
Grant Amount: 100;000.00
V;;eighbOrhOod Improvement Project
1446 Linden Street
Augusta, Ga 30901
Contact: Melinda Rider (706) 790-4440
Grant Amount: 20,000.00
~outhside Tutorial Program
1930 Olive Road
Augusta, GA 30906
Contact: Mary Bogan (70S) 733-1270
Grant Amount: 30,000.00
JTerrace Manor Elementary SchOOl' 6.0;
'3100Tate Road
Augusta, GA 30906
Contact: Dr. Ernest James (706) 796-4910
Grant Amount: 5,000.00
District: (706) 722-4222
Capitol: (404) 656-0040
Fax: (404)651-5588
~
\
\
\
Page 2
.; Delta House, Lucy Laney Museum
1126 Phillips Street
Augusta, GA 30901
Contact: Christine Betts (706) 724-3576
Grant Amount: 75,000.00
ltieltaleaderShiP Training Program
1126 Phillips Street
Augusta, GA 30901
Contact: Christine Betts (706) 724-3576
Grant Amount: 20,000.00
JEdward Murphy Middle School ~(){
2610 Milledgeville Road
'Augusta, GA 30906
Contact: Dr. Eleanor Hopson (706) 737-7350
Grant Amount 5,000.00
J Augusta Child Advocates
P.O. Box 3347
Augusta, GA 30914-3307
Contact: Julie Bloodworth (706) 737-3006
Grant Amount: 100,000.00
./CSRA Business League
1208 Laney Walker Blvd
Augusta, GA 30901
Contact: Kathy Maness (706) 722-0994
Grant Amount: 50,000.00
9ZQ
Senator Charles W. Walker
-c
"
Office of The Cierk 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:
Honorable Charles W. Walker, Senate Majority Leader
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
September 7, 2001
SUBJECT: Fiscal Year 2002 Local Assistance Grant Awards
As you requested in your memorandum dated May 1, enclosed are the following grant
awards representing total payment of their FY2001-2002 State of Georgia
appropriations through the Georgia Department of Community Affairs Local Assistance
Grant Program along with a copy of their grant agreement:
ORGANIZATION GRANT NO. AMOUNT
Souths ide Tutorial Prooram ' 02-C-L-614 $30,000
Beulah Grove Resource -(Q2-C-L-751]132.,740 $70,000
Center '/
Lanev Museum 02-C-L-660 $75,000
Auqusta Museum 02-C-L-587 $25,000
Please note that the grant award for the Beulah Grove Resources Center consist of two
other awards along with the $35,000 you requested
If I can be of further assistance, please feel free to contact me.
PiCked~ ~$.
Date 7; ~ 'd(/()/
,
'i
(>ffice 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"Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
September 4, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $390,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
ORGANIZATIONS GRANT NUMBER AMOUNT
Augusta Players 02-C-L-48 $25,000
Augusta Recreation Dept. 02-C-L-128 $ 5,000
Beulah Grove Resource Ctr 02,.C-L -132 $15,000
Augusta Youth Center 02-C-L-171 $10,000
Augusta' Mini Theater 02-C-L-533 $250,000
Augusta Museum of History 02-C-L-557 $25,000
Augusta Youth Center 02-C-L-609 $5,000
Beulah Grove Resource 02-C-L-740 $35,000
Center ,
Beulah Grove Resource 02-C-L-751 $20,000
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
..
AUGUSTA-RICHMOND COUNTY COMMISSION
060873
DESCRIPTION ,P,O, NUMBER' ':. ,INVOICE,NUMBER INVOICEAMOUNT 'NETAMOUNT
LOCAL ASS ISTAN'CE G R.r~NT 090401 15,000.00 0.00 15,000.00
LJOCAL ASS ISTA..1\fCE G RJ>.-.NT 090401B 35,000.00 0.00 35,000.00
LOCAL ASS ISTAN'CE GRA1\JT 090401C 20,000.00 0.00 20,000.00
:
,
'.
CHECK NUMBER CHeCK DATe TOTAL INVOices DISC TOTAL CHeCK TOTAL
060873 09/06/01 70,000.00 0.00 70,000.00
.,ft;:, ~ ~. ,::1
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Grant No. 02-C-L-751
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 2nd day of July. 2001. by and between the Department of
Community Mfairs 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
adininister 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 coven'ants 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. Accountabilitv. The Recipient agrees to expend said 'funds solely in conformance with
this Agre~ment 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 accordarice 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 pa~e one.
"
=".
Grant No. 02-C-L-751
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 andO.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 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 mill 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 the~e 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. ~36-81-8.1 shall result in the forfeiture of such grant and the
retum to the state of any such grant funds that have been received by the Recipient.
8. Open Meetings. The Recipient cei-tifies 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. 02-C-L-751
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. Sectarl~ 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 (192~) (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 aInong 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. 02-C-L-751
Page 4 of 5
IN WITNESS WHEREOF, the partieJ hereto have executed this ~reement as of the date first written
above.
FOR THE RECIPIENT
By:
/
Federal Employers ID Number:
5 ~-dd !J l{J Ie(
,
Attachments: Exhibit A, "Scope of Services"
, \.,
FOR THE DEPARfMENT OF COMMUNI1Y AFFAIRS
By:
,;.
,.J
, Grant No. 02-C-L-751
Page 5 of 5
EXHIBIT A
The Local Assistance Grant shall be used by Augusta-Richmond County for operating costs for the
Grove Resource Center 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 s'ervices. 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.
S
.-'
di
STATE OF GEORGIA )
RICHMOND COUNTY
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of June, 2001, 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 GROVE RESOURCE 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 TION 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 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:
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Police and fire protection;
o
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Garbage and solid waste collection and disposal;
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;
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
infonnation, 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 AUGUST A documentation of Fund use or a copy of audited financial statements until all expenditures of
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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
offi~ials, 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
ORGANIZA TION 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. ORGANIZA TION 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,
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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 Sennett 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.
I O. AUGUSTA may terininate this Agreement, with or without cause, upon five business days
written notice to the ORGANIZATION. I f 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.
I I. 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 orbe 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.
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13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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:
GROVE RESOURCE CENTER.
I L. 4- , 1m r.4,., ~ i-n'e.,r
filM/us}", fUI
J "~Q 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.
GROVE RESOURCE CENTER
ORGANIZA nON
Sworn to and subscribed
before me this _ day of
,2001.
Notary Public
My Commission Expires:
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~ AUgl#i"Ricll~9'-"J! CoUJ;ltv--
Finan~~ D~partmentl
Memo
To: State Grant Recipient
From:AI Denis, Grants Manager
cc: Tammy Strange
Date: 06/08/01
~
,Re: Monitoring and Auditing
In accordance with grant agreement ~-C-L-JJL, it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have'been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of projeCt funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from 'applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review. documentation of fund usage or a copy of an
audited finan . . statementwhich includes expenditures of Agreement funds.
Name
Signature
(Please print) 5t9m IJA7/I'.~
Address /4-4-6 I, ')1 A.... S',t;1~~,L .nl/'J,~A (f.M..
Telephone No. 71J1r '7;) Y. jlJgh
. Page 1
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
.JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUflLKE, JR.
STEPHEN E. SflEPARD
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.RICIIMOND.GA.US
GEORGE R. KOLB
Administrator
WM. "WILLIE" H. MAYS, HI
Mayor Pro Tern .
MEMORANDUM
To:
GROVE RESOURCE CENTER
From:
Jim Wall
Date:
June 5,2001
The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community
Affairs, on August 17, 1999 addressing twa issues and concerns.
The first concern is for funds for a grant to a local government far 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 ta 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, 1 have included a certification that your
organization is not "organized 9ut 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 }ncluded in paragniph 3.
I have attached two copies of the contract, sll1ce we must provide one copy to DCA. The
remaining copy is for the City's records.
Please execute both copies ofthe'c~ntract 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
August 30, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check In the amount of $390,000 representing payment for the following Local
Assistance Grants:
Grant No. 02-C-L-48
Grant No. 02-C-L-128
Grant No; 02-C-L-132
Grant No. 02-C-L-171
Grant No. 02-C-L-553
Grant No. 02-C-L"557
Grant No. 02-C-L-609
Grant No. 02-C-L-740
Grant No. 02-C-L-751
$ 25,000/f-t6tt<<"f-~L~ ~
$ 5,000 7:ewrn-~e'+- ~ f1n.~l:
$ 15,000&--UMff-6.eoV~
$ 10,000-Au~<<6rA- l(1UT1J cr-.e.
$250,000 /l};<<I r',*"7'1r.t!c-
$ 25,000 A:u~ U.S7Yf /fIt.1S8o,t CJf f:h.srtJbj
$ 5,000 -4-uC7~Srll- 11dUTff CT~
$ 35,00073eu~6idVc-
$ 20,000 6(dfVG:- ~tJJie~ C"r~
Also enclosed are copies of the executed contracts 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,
~ M;I~
Jim Higdon
Commissioner
JH/ja
Enclosures
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 Opportuniry Employer
@ Recycled Paper
::. .:'" '~r
'Page 001 OF:OOt' ','
Vendor No: 0000013727
'~endor Name: AUGUST A RI CHMONO C,T.,Y<',,80, 0',
-. .,
'r .'. '. '. ......~'STATEOFGEORGIA~..',:.,"..
, 'OEPAR'TMENT OF COMMUNITY 'AFFA'IRS',',
":oi\~
'P~Y:'Exactiy,
" '~l:J'$."<I..'. . ;: .
.ATLANTA, GA:,
1.100-1000;
Check No: , " ..
Ch~k Dale: '
,:,,',::C~eck, Total;,
INVOICE
NUMBER
102-C-L-128h""
,02-C-L-',132"':- . ,
I 02-C-L-I7t;'.,
02,-C-L-48 " "
!,02,-C-L-553:-' "
02-C-L-557
,02-C-L~609"'> '
02-C-L-740 "',
!'02-C-L-751,' .
L:' .
;\" ,
, ,
08/27/2001' 5,000.00: .
08/27/2001" 15,000,00
08/27/200 1" 10, OOO;~ 00'
08'/27/2001' 25,000,00
08/27/20001,:'000000028675, '.-"'. ',~.' ,,250,000.,00'
08/27/2 01;: '0 286,74,'.., ',' 25,000.00
08/27/2001: ,000028671' ..' ; .. ',' 5,000,00'
08'/27-12001" 000028668., ,',...'...,,,, 35',000.00
08'/27/200:1"0000,28667' ~+,,::,~:>,:(.:. ,20',000.00,
::":~:i;~fi~~i~~,'
5',,000.00:
15,,000..00:
10, 000:,00
, 25: 000,: 00
, '250,000',00
25,000',00
, 5,000,00
35,000'.00
/.,..... .
i l;'~.
f~ .. ,
".00000502 I. I.". ':0 b ~OOOO ~O.: O? 0 ~ 7 I. b 5,,1
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GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 9, 200l
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Mayor
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 the City of Augusta has been
included in the Fiscal Year 2002 State Budget. The attached contract when executed commits state funds
for operating costs for the Grove Resource Center in the City of Augusta.
1 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 wis'n 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 full payment.
Please note that your Federal Employers 1. D. Number is required to process this grant. Yau must
enter this number on page 4 af 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.
JR/ja
Enclosure
cc: Richmond County Legislative Delegation
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
~'
j' STATE OF GEORGIA GRANT CERTIFICATION FORM
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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
~l'warded to the local government. The Grant Certification Form(s) should be submitted to the
. State Auditor with one c.ppy 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 form 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 "C~rtification 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 anniIal 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 perform an
audit or perform 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 form 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
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STATE OF GEORGIA GRANT CERTIFICATION FORM
A Local Government
B Infonnation For Year Ended
,
,
C State Awarding Agency
0 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 Dererred
, 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
-;'..........
.....
..
IndelJendent Accountal;t's RelJort
We have examined management's assertion included in the accompanying State of Georgia
Grant Certification Form about ~~ame 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 resp?nsible for [name of government]'s compliance with this requirement. Our
responsibility is to 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 [nameo! government] complied with the
aforementioned requirement for the fiscal year ended [date] is fairly stated; in all material
respects.
r~ 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
MEMORANpUM
TO:
Honorable Charles W. Walker, Senate Majority leader
FROM:
lena J. Bonner, Clerk of Commission
DATE:
Augusta 31, 2001
SUBJECT: Fiscal Year 2002 local Assistance Grant Awards
Enclosed are the following grant awards representing total payment of their FY2001-
2002 State of Georgia appropriations through the Georgia Department of Community
Affairs Local Assistance Grant Program.
ORGANIZATION GRANT NO. AMOUNT
Neighborhood Improvement 02-C-L-133 & 742 $30,000
Koinonia Community , , n?-r.-L-6uu " $50,000
Development Corp d/b/a/ -
East Augusta Learning
Center
Delta Leadership Proqram 02-C-L-772 $20,000
CSRA Transitional Center 02-C-L-131,736 $45,000
National Legacy 02-C-L-617 $100,000
Foundation
CSRA Economic 02-C-L-655 $50,000
Opportunity
If I can be of further assistance, please feel free to call.
i'
, AUGUSTA-RICHMOND COUNTY COMMISSION
059673
.. ,.,-,:.., .. ::'c"" DESCRIPTION>,' " "', P,O:NUMBER :INVOICENUMBER, ,',' ":,:',INVOICEAMOUNT',::,': " .>: .,.' '.~NETAMOUNT"
3RANT 02CL699 50 I 000 00 0 00 50 I 000 00
--- -.... .., ,- -
CHeCK NUMBeR CHeCK DATe TOTAL INVOices DISC TOTAL CHECK TOTAL
059673 08/17/01 50 I 000 .,00 0 00 50 I 000 00
;. ,::;', lREGI0NS:BANKi'0F,.(
, : i:;, ,~;:;:'i,:j..;~:r:;;~AlJ~lJ~TJ\~,'GEO~G,IA~:"
~
11105 g I; 7 jllD ':DI; ~ ~o ~ j 75': 1;8jo ~ ~8 j g ~1I1
~
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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 1, 2001
East Augusta Learning Center
Rev. William B. Blount, CEO
405 Sand Bar Ferry Road
Augusta, Georgia 30901
-
Dear Rev. Blount:
Enclosed is a Grant Agreement and a Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Comml:lnity Affairs from the
Fiscal Year 2002 State Budget This award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies.
Should you have any questions or need any additional information, please feel free to
call me at 706-821-1820.
Very truly. yours,
1!!!21:!~
Clerk of Commission
Enclosures:
7
AUGUSTA-RICHMOND COUNTY COMMISSION
J A1\1ES B. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE. JR.
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
WM. "WILLIE" H. MAyS, III
Mayor Pro Tern
MEMORANDUM
To:
EAST AUGUSTA LEARNING CENTER
From:
Jim Wall
Date:
June 7, 2001
The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Comm~nity
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 forthe 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 tile contract, SInce we must provide one copy to DCA. The
remaining copy is for the City's records.
Please execute both copies of~le 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.
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PAGE 132
Amended July 10, 2000
ARTICLES OF lNCORPORATlON
FOR
KOINONIA COMMUNITY DEVELOPMENT CORPORATION, INC.
ARTICLE I
, The name of the corporation is: Koinonia Community Development Corporation, Inc.
ARTICLE n
The corporation is organized pursuant to the Georgia Nonprofit Corporation Code. '
ARTICLE ill
The Koinonia Community Development Corporations, Inc.'s mission is:
1. To enhance the quality of life in the East Augusta community by providing education,
economic development, and health and social programs to residents who are elderly,
at-risk, .substantially unemployed, underemployed., or whose income is below federal poverty
guidelines, .to foster and promote community awareness and concern for those persons in an
effort to offer solutions to the vario~ problems plaguing their communities, and to attemptto
employer those persons to achieve self-sufficiency through programs that embody that
embody the precepts of respect, integrity, and spirituality.
2. To expand the' opportunities available to minorities, children, and at-risk youth via programs
that create social awareness and citizenship skills, foster education, community development,
and life skills, and enable said persons to undertake jobs and activities that advance
indiVidual and hwnan capacity.
3. To engage the community at large in efforts that will facilitate health, education, and social
awareness and foster socio-economic empowennent. '
ARTICLE IV
The Corporation will haveinernbers. The board of directors of the Corporation shall
have the power to admit members to the Corporation in such manner, subject to such
qualifications, and upon such tenns and conditions and with such rights as may be provided from
time to time in the bylaws of the Corporation,
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PAGE 03
~
,
ARTICLE V
The affairs of the Corporation shall be managed by a board of directors. The method of
electing the board shall be detennined.bythe bylaws of the Corporation.
The initial Board of Directors shall consist often member(s) who shall be:
Reverend William Blount
Reverend Kenneth Clay
Reverend Chuck Smallwood
Charles Cody
William Hampton
RoIarid Hinkins
Andre Saunders
AI Robinson
Chris Fussell
Angela Fussell
ARTICLE VI
The street address of the registered office is: 516 Forsythe Street
Augusta, Georgia 30901
The registered agent at such address is Reverend William Blount. The mailing address of
the registered office of the Corporation shall be: 516 Forsythe Street
Augusta, Georgia 30901
ARTICLE VII
The name and address of each mcorporator is:
Angela Y. Fussell
1518 'Flagler Road
Augusta, Georgia 30909
Reverend Kenneth Clay
516 Forsythe Street
August~ Georgia 30901
ARTICLE vm
Personal liability ofall of the directors and members of the Corporation. to the Corporation
or its members for monetary damages for breach of duty of care or other duty as a director is
hereby eliminated to 'the extent allowed by Code Section 14-3-202 (b)(4) of the Georgia
, Nonprofit Corporation Code or any successor statute.
ARTICLE IX
The purposes for which the Corporation is organized is exclusively religious, charitable,
scientific, literary, and educational within the meaning 0 f section 501 ( c )(3) of he Internal Revenue
Code of 1986 or the corresponding provision of any future United States Internal Revenue law.
Notwithstanding any other provision ofthese articles, this organization shall not carry on
any activities not permitted to be carried 00 by an organization exempt from Federal income tax
08/07/2001 12:35
7057240381
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PAGE 04
. .
section 501 (c)(3) of the Internal Revenue code of 1986 or the corresponding proviSion of any
future United States Int~ma1 Revenue law.
The Corporation is not organized and shall not be operated for pecuniary gain or profit.
No part of the Corporation and no part ofits earnings shall inure benefit of or be distributable to
any director, member, or other private individual. The Corporation shall never be authorized to
engage in a regular business of a kind ordinarily carried on fur profit or in any other activity
except in furtherance of the purposes stated above for which the Corporation is organized.
No substantial part of the activities of the Corporation shall consist of attempting to
influence legislation, by propaganda or otherwise. The Corporation sb.al! not participate or
intervene in (including the publishing or distribution of statements) any political campaign on
behalf of or in opposition to any candidate for public office.
ARTICLE X
In the event of the dissolution of the Corporation, to the extent allowed under applicable
law, after all lawful debts and liabilities of the Corporation have been paid, all the assets of the
Corporation shall be distributed to, or its assets shall be sold and the proceeds distnbuted to,
another organization organized and operating for the same purposes for which the Corporation is
organized and operating, or to one or more corporations, funds, or foundations organized and
operating exclusively for religious, charitable, scientific, literary, or educational purposes, which
'shall be selected by the board of directors of the Corporation; provided, however, that any such
recipient organization or organizations shall at that time qualify as exempt from taxation under the
corresponding provisions of any subsequent law. In the eveirt that uponthe dissolution of the
Corporation the board of directors of the Corporation shall :fail to act in the manner herein
provided within a reasonable time, a court of competent jurisdiction in tbe county in which the
principal office of the Corporation is located shall make such distnbution as herein provided upon
the application of one or more persons having a real interest in the Corporation or its assets.
IN 'WITNESS WHEREOF, the undersigned has executed these Articles ofIncorporation.
This IO~ day Or:::IU2J
,2000,
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PAGE 05
The MichaelD. Stephenson Memorial Fund
Koinonia C~mmunjty Development Corporation
516 Forsythe Street · P. O. Box 1864 . Augusta, GA 30903
(706) 724- J 720 ext 103 · fax (706) 724-038 J
Greetings:
Koinonia Community Development Corporation announces the 4th Annual
Michael D.Stephenson Memorial Golf Toumament. '
Officer Michael D. Stephenson, a pubLic safety officer for the Richmond County
Board of Education, was killed in the line of duty while investigating a burglary on school
property on July 16, 1997. Mike was a Richmond County Sheriff's Department deputy before he '
began a career with the school system) which combined his love for public service and working
with children. The Michael D. Stephenson Gymnasium at Glenn Hills Middle School was
named in honor of his memory.
People who' knew Mike remember his love for children and sports, especially his new
love fur golf., Mike's love for children inspired him to act as a mentor and a coach. These same
affections inspired GleJUl Hills Football coach, Emmett Watkins, to organize the 1st Annual
Michael D. Stephenson Memorial Golf Tournament, which sponsors a college scholarship fund
in Mike's name. Any CSRA graduating senior, meeting the eligibility requirements, may apply.
This tournament was organized with the hope of honoring Mike's memory by inspiring
children through academics and athletics. There can be no better way to help contribute to this
cause than by asking others who love golf as much as Mike did to help us continue his dream of
inspiring our youth. Please consider sponsoring the 4th Annual Michael D. Stephenson Memorial
Golf Tournament 'ort August 14) 2001, at the River Club Golf Course. A spo~sor form is
enclosed to choose a sponsorship of your preference. Donated itern(s) are also greatly
appreciated. All contributions are tax-deductible. Also, enclosed is a tournament flyer and an
'entry fOrm. If you have any questions or would like more intormation, please contact Bill
Walker at 414-4320 or 731-6466 or Sonja Stephenson at 724-1720 ext 103 or 877-330-7720.
Your participation and/or contribution would be greatly appreciated.
With kindest regards,
~~~,
Bill Walker
Golf Tournament Coordinator
WLW/sms
Bill Walker - GolfTournamem Coordinator
Sonja Stephenson - Assistant Coordinator * Ralph Squiliace - Assistant Coordinator.
08/07/2001 If:36 . 7067240381
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PAGE 01
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GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 9,2001
Roy E. Barnes
GOVER.J"lOR
Honorable Bob Young
Mayor
Augusta/Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
I am pleased to advise you that $50,060 in Local Assistance funds for Richmond County has been
included in the Fiscal Year 2002 State Budget. The attached contract when executed commits state funds
for programs at the East Augusta Learriing Center 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 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
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full payment.
Please note that your Federal Employers 1. D. Number is required to process this grant. You must
emer 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.
ly,
JH/ja
Enclosure
cc: Richmond County Legislative Delegation
(J ;) -{ L-&1"1
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
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Grant No. 02-C-L-699
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 2nd day of July, 2001. by and between the Department of
Community Mfairs 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 coveriant 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. 02-C-L-699
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-lthrough ~36-67A-6 ahd 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 Bindin~ 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. Monitorlnl! 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 maintclln proper and accurate
books, records and accounts reflecting its administration of Agreem~nt 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 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. 02-c-L-699
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; (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 pIivate 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. P~. VII. '.. '
(b). The "SectaIian 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 AmeIican HeIitage 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 AmeIican HeIitage 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. 02-c-L-699
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:
O~,. ~;;;'6'fJ71
Attachments: Exhibit A. "Scope of Services"
FOR TIlE DEPARTMENT OF COMMUNI1Y AFFAIRS
By:
'. ,
.. :;.
Grant No. 02-C-L-699
Page 5 of 5
'EXHmIT A
The Local Assistance Grant shall be used by Augusta-Richmond County for programs at the East,
Augusta Learning Center 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. All 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. '
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STATEOFGEORGIA )
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this~ day of June, 2001, 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 EAST AUGUST A LEARNING 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 CONSIDERATION of the mutual covenants and agreement
between the parties, it is agreed as follows:
I. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION
accepts, the sum of$SO,OOO.OO (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.
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:
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Police and fire protection;
Garbage and solid waste collection and disposal;
Public health facilities and services, including hospitals, ambulance and emergency
rescue services, and animal control;
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;
Storm water and sewage collection and disposal systems;
Development, storage, treatment, purification, and distribution of water;
Public housing;
Public transportation;
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 flllther agrees to expend the Funds for the said purposes and to account
for such Funds in accordance with generally accepted accounting principles. FUlther, 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. 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
J
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
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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 AUGUST A, 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
performancethereu nder.
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 ORGANIZA nON acknowledges that all records relating to this Agreement arid 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.).
ORGANIZA TION shall cooperate fully in responding to such request and making all records, not exempt, available
for inspection and copying as provided by law.
7. ORGANIZA TlON certifies that it is a tax exempt entity under S 501 (c) of the Internal
Revenue Code.
8. ORGANIZA TION 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 impolis an organization for religious
purposes, for the public worship of God." 1'53 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.
I o. 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,
ORGANIZA TION agrees that this Agreement shall terminate should it be determined the Grant from the State to
A UGUST 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 TION 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.
4
v' .-,-
13. All notices, demands, and requests which mayor are required to be given ORGANIZA nON
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:
EAST AUGUSTA LEARNING CENTER.
~\~('\~~~~"k"""'s~~"\.\ \J<3-",,<L\~~""'~~ ~~,,~-. ~[b\Ck
~~c.~"::.~<'>"l \ C,~ 'C>()~'\:) \
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.
EAST AUGUSTA LEARNING CENTER
ORGANIZA nON
,bl')
By:'V,
As its t.- C) .
ATTEST:'~~~
Title: ~C> + :W>r-
Sworn to and subscribed ()
before me tQis~'l~day of
,,'T , 200
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------------:--:-:r-;---~--=
, Augus~Rlc~mond Cou.,ty~
Finance Department!
I,: I
Memo
To: State Grant Recipient
From:AI Denis, Grants Manager
CC: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
In accordance with grant agreement IJ) -C-L-~ it is acknowledged that upon
,request the Recipient agrees to pr~ the Department with any information,
documents, and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation of fund usage or a copy of an
aUdite~ ~ncial. :~-"whiCh incl~enditures af Agreement funds.
NamefJu9~~~ . TelePhaneN~&(,) 1)1{//1).-O
(t~';."sc;~rint)W ;, 'fA ..rg,' ~ '" f-. . j .
. b (96)
Address
. Page 1
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
August 9, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check III the amount of $150,000 representing payment for the following Local
Assistance Grants:
Grant No. 02-C-L-241
Grant No. 02-C-L-605
Grant No. 02-C-L-614
Grant No. 02-C-L-616
Grant No. 02-C-L-699
Grant No.02-C-L-732
$lO,ooor:~k~R&': //h/'h_ ~ J
$20,000 4uJi;ait~/#fiP~
$30,000 4I1litI&~ IJA,.
$20'000~~~~~~
$50,000 ~(iAi ~ ~7 ~ . :
$20,000 J IUJ.t ~ 1W!r/.
Also enclosed are copies of the executed contracts 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 reporting 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,
9~~
Jim Higdon
Commissioner
JHJja
Enclosures
eQUAL HOUSING ~
OPPORTUNITY L=.J
60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940
www.dca.state.ga.us
All Equal Opportulliry Employer
* Recycled Paper
;';;-
STATE OF GEORGIA GRANT CERTIFICATION FORNI
^
...
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 c,Certification Form(s) should be submitted to the
State Auditor with one c,opy 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 form should be used for
each 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' acc,ountant are sufficient iri 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 perform an
audit or perform 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 form 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
I
C State Awarding Agency
D Grant Identification Number
E Grant Title
F Grant Award 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
"
:'
Indeoendent Accountant's Reoort
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 i,s resp?nsible for [name of government]'s compliance with this requirement. Our
responsibility is to 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 of government]' 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.
f
":-"~
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) 82.1-182.0 - FAX (706) 82.1-1838
MEMORANDUM
TO:
Ms. Donna Williams, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
August 7, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $150,000 :tram the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following Local
. Assistance Grant recipients:
ORGANIZATION GRANT NUMBER AMOUNT
Weed & Seed Praqram 02-C-L-241 $10,000
South Augusta Little 02-C-L-605 $20,000
Leaque
Souths ide Tutorial 02-C-L-614 $30,000
West Augusta Little Leaque 02-C-L-616 $20,000
East Auql,.Jsta Learninq Ctr. 02-C-L-699 $50,000
Southeastern Burn 02-C-L-732 $20,000
Foundation
As you know, these monies representtotal grant award for each recipient.
Thank you.
Enclosure: Check
?
~
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, 'GROSS
'AMOUNT
(
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g~:g: t:i~~~" '08/03/200;1:,':i:,'0000'27912::';:':";\,' ig'; ggg:: gg: ',;',.':' .~:~:?:~:~fi;.~;t~~.::,,~ g': gg;: " """ 20 000 00 ,,"
g~:~:\:!~!i~...:.. . . . ,,~;;I:III,.II, ,. "'.:".',;,,;.;;/~, '~i;,;;'.~,~~;i~~i~~ji]j,ij",[".j"" ;:',,:,'::I,,'~
. ../.':~~;;:,:;" .> ' "":t,:i~~;~~~~f~';~~~;~"s(;":; :,>;~{?f::;";y,,, .~
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'ANi:rrA'," "'3~ 9',,2i:J;::J~
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"t; ~'.;:.
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"!'~J/;,:~':~1;c,i:~~ig~ili:4J;~rrSk,i~kW!t'z~f~t0i;"';,,,;~::!~
."- :~rf;:(~:~ .
"...., '--, ~- . -","
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.,,~~,~~~~,~,~.:-,,_~ ",\J "," . ",> .'
,'. - ";'~;:W;~{~~;i
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11.00000 I.. Ii 7 7811. 1:0 b J.OOOO J.OI: 07 0.7
I.. b 511.
1..:...-._.__._._. ,..:-,:.;,:
i\..
~'
Office of The Clerk of Commission
Lena J. Bonner, CMC
Clerk of Commission
.NancyMorawski
Deputy Clerk
Room 806 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
(706) 821-182.0 - FAX (706) 821-1838
MEMORANDUM
TO:
Honorable Jack Connell, Speaker Pro Tem
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
September 7,2001
SUBJECT: Fiscal Year 2002 Local Assistance Grant Awards
As you requested in your memorandum dated May 11, enclosed are the following grant
awards representing total payment of their FY2001-2002 State of Georgia
appropriations through the Georgia Department of Community Affairs Local Assistance
Grant Program along with a copy of their grant agreement:
ORGANIZATION GRANT NO. AMOUNT
Augusta Players 02-C-L-48 & 591 $35,000
Golden Harvest Food Bank 02-C-L-390 $25,000
Harrisburg West End 02-C-L-559 $25,000
Neighborhood Assoc. Inc.
Laney Museum 02-C-L-558 $25,000
Augusta Museum 02-C-L-557 $25,000
If I can be of further assistance, please feel free to contact me.
.'
..
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 9, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Mayor
AugustaJRichmond 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 2002 State Budget. The attached contract when executed commits
state funds to assist Golden Harvest Food Bank with warehouse expansion and program operation 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 gI'.ants 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 sec~)lld 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
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full 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 tocall Bobby Stevens at (404)
679-4943." .
J.f 'd
I 19 on
Commissioner
JH/ja
Enclosure
cc: Richmond County Legislative Delegation
() ~ --CL-3t:f()
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
;~ '\
',,;,
STA TE OF GEORGIA )
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this.l5 day of June, 2001, 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");
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 tiled 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:
I. 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 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 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.
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
~
~
Police and fire protection;
o
Garbage and solid waste collection and disposal;
~
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. ORGANIZA TION.further agrees to expend the Funds for the said purposes and to account
for such Funds in accordance with ge~erally 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 oftheir 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 finat:1cial 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
JC'
~
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, 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 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 th~t it is a tax exempt entity under S 501(c) of the Internal
Revenue Code.
8. ORGANIZA nON 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 tosuch beliefs and practices, [The words
of this prohibition have their ordinary meanings, In Bennett v, CityafLaGrange, 153 Ga. 428(1922), the Supreme
Court i'ndicated 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.
1 o. AUGUSTA may terminate this Agreement, with or without cause, upon five business days
written notice to the ORGANIZATION. If at the time oftermination, any funds under this Agreement have not been
disbursed tothe 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
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.
4
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13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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:
GOLDEN HARVEST FOOD BANK.
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.
GOLDEN HARVEST FOOD BANK
ORGANIZA TION
/
ATTEST:
Title:
Sworn to and subscribed
~efo e is23: day of
,~ . , 2001.
~. ,Notary Public .
\Mt'~~llsionExBires:
, _ C RICHM NO CO. GA
~ COMMISSION .;xpIRES (!1 g~O~
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Grant No. 02-C-L-390
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 2nd day of July. 2001. 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 $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. 02-C-L-390
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 riot 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 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 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 Agreerrient.
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.
r...
'f#
Grant No. 02-C-L-390
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. 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 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]
r.'~ "
~
~
Grant No. 02-C-L-390
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:
5g- ~ ;)~'1~ 7'1
Attachments: , Exhibit A. "Scope of Services"
FOR THE DEPARTMENT OF COMMUNJIT AFFAIRS
By:
(,4';'
.....
Grant No. 02-C-L-390
Page 5 of 5
EXHIBIT A
The Local Assistance Grant shall be used by Augusta-Richmond County to assist the Golden Harvest
Food Bank with warehouse expansion and program operation 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. Ari 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.
~;o___ ,.,
/
-------r,:-------~~
- f' . , I
_ __ AugU$ta!!Ric~moqd- County.:-
Financ~ ~Fpar;tmentl
Memo
To: State Grant Recipient
, 'From:AI Denis, Grants Manager
CC:' - Tammy Strange
,Date: 06/08/01
Re: Monitoring and Auditing
Po/I
In accordance with grant agreement t1.2-C-L-6'?O, it is acknowledged that upon
request the Recipient agrees, to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor")' 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 flmds 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 Grantor. 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. for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are'resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds" the department will contact you, and, a time
will be arranged in which to review documentation of fund usage or a c~py of an
audited financial statement which includes expenditures of Agreement funds.
Name ,~tJ.'c!~, Telephone No. //)1.. 7J/- //99
Signature I, ',' .
(Please print) 1J!/~j,tit / J,' hr'k ,;,
Address '3 '51" trhtlMerce])rI~.e A"JI.I5h 6."" 3'J'~t76'
. Page 1
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) 82.1-1820 - FAX (706) 821-1838
July 16, 2001
Mr. Mike Furman, Director
Golden Harvest Food Bank
3310 Commerce Drive
Augusta, Georgia 30909
Dear Mr. Furman:
Enclosed is a Grant Agreement and a Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies.
Should you have any questions or need any additional information, please feel free to
call me at 706-821-1820.
Very truly yours,
~4!~
Clerk of Commission
Enclosures:
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE BEARI)
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOIlGH
WILLIAM B, KUHLKE, JR.
STEPHEN E, SHEPARD
MARION WILLIAMS
BOB YOUNG
Mayor
r.o, Box 2] 25
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
WM. "WILLIE" H. MAYS, III
Mayor Pro Tem
MEMORANDUM
To:
GOLDEN HARVEST FOOD BANK
From:
Jim Wall
Date:
June 5, 2001
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 pilrpose 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
nece'ssary 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 Stat~ 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, sll1ce we must provide one copy to DCA. The
remai~ing copy is for the City's records.
, Ple~se execute both copies of the contr~ct in order that they may be returned to me. Further, if
. you should have any questions concerning.either the scope of services or the c.ertification, please call me.
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
August 22, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check 1I1 the amount of $351,000 representing payment for the following Local
Assistance Grants:
1/;;ott l/,..uj~~rant'No. 02-C-L-112 $ 21,000~rant No. 02-C-L-559
~~~;'7J'~ ~Grant No, 02-C-L-131 $ 5,000 Grant No. 02-C-L-61O
~~~ Grant No. 02-C-L-246 $ 10,000 Grant No. 02-C-L-617
'Ijf~~~ Grant No. 02-C-L-288 $ 5,000 Grant No, 02-C-L-665
lJJJlJ.j;ju ~ Grant No. 02-C-L-390 $" 25,000 Grant No, 02-C-L~ 736
tutt;j/!f~ Grant No, 02-C-L-558 $ 25,000 Grant No. 02-C-L-772
Also enclosed are copies of the executed contracts for your files.
Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a
new law effecti ve January I, 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.
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,
~~
'. Jim Higdon
Commissioner
JH/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
It
Office of The Clerk of com~n
.,
Lena J. Bonner, CMC
Clerk of Commission
Room 806 - Municipal Building
530,Greene Street - AUGUSTA, GA, 30911
(706) 82.1-182.0 - FAX (706) 82.1-1838
Nancy Morawski
DeputY Clerk
MEMORANDUM
TO:
Ms. Donna Williams, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
August 24, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $351,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
GRANT NUMBER
02-C-L-112
02-C-L-131
02-C-L-246
02-C-L-288
AMOUNT
$21,000
$ 5,OOQ..,."""
$10,Oei)
$ 5,000
$25,000
$25,000
$25,000
$25,000
$100,000
02-C-L-390
02-C-L-558
02-C-L-559
02-C-L-610
02-C-L-617
.. 02-C-L-655
$50,000
02-C-L-736
02 -C-L -772
$40,000
$20,000'
As you know, these monies represent total grant award for each recipient. ,
Thank you.
Enclosure: Check
.:11 MIl=. VI \.;U_VI-\I...IIr\
DEPARTMENT OF COMMUNITY' AFFAIRt
ATLANTA; ~A
BANK 1100 - 1'000
Page 001 OF 001 .
VendorN6: 0000G13727 '!'
:Ve~dorName: BOARD. OF COMMISSION'ERS
.... "
. Check. No: ,
. Check.O~le:',
"Check'Total:
0000050120
:08/22/2001
$~51,OOO".00
9.~'~~'~:~~1ff~~~1(
'J~l,~~i~; .'
';~ri;~:O'8/226200'1'
',:;',':i(- ,~;;::, .;.':~.,.,~~9Ck;;~!\' . ;;;:,:,,~;.-:; '," . .... :,..:~W"
", i>QY io 1h~ Ord.r:~ft'B04RD;,:'(iif ,coMj,fissioNE'RS;i.[~
l!:).~,: ,~~'.:'~\', ;Yii~L. ,;j(~rJ,1~~f~~'~~~~~i~f~.: '1~f~jj
, PIlY,Ex~cUY i'~~'~:i,:\HUN9..~E,D': F;;,~:~.g:;~ONETHO~~ff.;~D. .
,
INVOICE
NUMBER
'02:-C-L-112'
:'02-C-L-131'
'02-C-L-246'
\ 02-C'- L- 28 8'
~02'-C-L-390
:02~C-l;-558
~02-C-L-559'
r,.02-C-L-6tO'
~.02';C-L-6.17 .
i02-C-L-665
i02-C-L-736
:02-C-L-772
DISCOUNT
TAKEN
GROSS
AMOUNT
21 ,000,00
. 5,000.00
10,000.00
5.,000.00
25',000.00
25,000.00,
25,000,00
.25:,000.00:
100,000.00
50',000: 00
. 40 ,OOO~, 00,
.20:"000.00
0,00.
:0.. 00..
,. '0" 00
" 0':
21,000.00
5,000.00
10,000.00
5,000.00
:25.,000 :.00
. .25 ,000 ,00
. '25, 000. 00
. : :25:; 000,'00
100:,000'.00
.-50',000:-..00
:,:40',,000:.00
':<20\ 000:..00 .
08/21/2001 000028473'
08/21j2001 ~00028~76
08/21/20~1000028474
08/21/2001. .000028466
08/21'/200,1 000028472'
08/2,11200.1..000028'469,
.08/21/-200 l' 0000284,71;'
".08/21'/2001- 00002846.7:..
. 08/21./200,1: ',000028468:.
. 08/21:/2001i""000028478:
'.08/2,1:/2001":; ;000028'4.77:
08'121"12001' .... .0000284:75,:
..:.0";
..':':."..;,- - .,. ,.
.",._~.~''->~~ '-1".~'.'
','
", ..
it~:,'Jf~~;; S~AmE;OE~GEdB~'EL\''':' ""~"'::'"
t~:l'~:). DEPAR''-T.MENTYOF' .tOMMUN:I!r;.Y":A~F.F.A:I R '
\~1~,o~,:,~1~fi~!~':i~ol\!lii\' :
No., ..
$351,000,00
'~'.'~i..t.-'
,.;:'c",:~~);~{" ,.,""""""' ,.." " ~ ,~,c;t
,-" ',.. ":::';:::. i;:~'~;;: .i~f;{;;~~t1~1~ :~~;::<-1' ':,:~:;i~ ,,"~ '. ,,.:, "'.;:~,'. wtf":~' '\. ~~~;~
...j,:',; , ,.."'" ",' 'J~,'~,'",i..:;,':.,',~.,",:,':::..,~",~,_","~,:,.:-.',',.'~",l::"'~:' , ~,.,
~~~~:,~::~:::;i2:j:"l~~~~L..~~"iL~~L.:~~~~~~~~.
11.00000 SO ~. 2011. 1:0 b~OOOO ~Ol: O? 0 ~?
~ b SII.
~..
~
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) 82.1-182.0 - FAX (706) 82.1-1838
MEMORANDUM
TO:
Ms. Donna Williams, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
August 7, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $150,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to, the following Local
Assistance Grant recipients:
ORGANIZATION GRANT NUMBER AMOUNT
Weed & Seed Prooram 02-C-L-241 $10,000
South Augusta Little 02-C-L-605 $20,000
Leaque
Southside Tutorial 02-C-L-614 $30,000
West Auqusta Little Leaque 02-C-L-616 $20,000
East Auqusta Learninq Ctr. 02-C-L-699 , $50,000
Southeastern Burn 02-C-L-732 $20,000
Foundation
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
r-J<
.
,"&
.
:'
'i
Page 001 OF 00,1'.'
Vendor No: 00000.13727':
Venda, Name: BOA'RO: OF, COMMlSS lONERS:
,~ . :~r.
, . . 'STATE OF GEORGIA ...",. '.:.~ ,(::;{:,'/!.:':~ ',,;".',;i!J
.' DEPARTMENT: OF ,COMMUNITY';AFF.A:tR"S;....;~.;o ,~\",CtieckNO:, :.... 0000049778i';~
. '.. .. '. ,\,,' '''K!;::::~ ~o:A';i:,;i"i0;0:S~~:",~~:?~~~,'.~;..<;F1~6~g~~?aj
.GROSS
, .' AMOUNT'
i;!~l1'
, '..
; 02'- C -I.; ~ 241:;'".', . 08 /03/200:1;::':>:<000027912"'.!::ij~~,,: '(
:02-C-L-605:;" "'. .08/03/2001;:,:";000027909', '-'\""..
.: 02-C- L-614~' , 08/031200'n': !::,::00002791;1';..:::.:>":.W;~,
'02,-C~ L-699',,;, . 08/03/200'13:.:,.';':0000279:14(."':" .'. ';f:'.,,!
; 02.-C- [-732' . . . 08/03'/2001~": ,. '00002.79:10: . , :'. :":>
;:.02'- C -1'-'6.~,;;~<.~;.;,;,".:~,:8/03i.~~:.0~;~1(:'Rt;~.0 279:1'3, ,.
~ . ". ......., . .~:~~.~~.", ',." .~-.;:.. >"- ", .,',
,~ l~ (' .,.:;.,~'. _:> .. ..:":"::;....,. .
):~;:j~.;,~. .., " ,'.'
.: "," '." .' ':. ,", ;~:;.,~/.
....1.:-;.::<... ',.','
/10.006:'.00;
:'" 20 000'.00'
"."30"000' 00'. '..
. 50:.000:: 00
DISCOUNT
:':, TAKEN:'
I {:,,:\,;::;:e.:~~Po~~ .
. ::;~
. '~":; ..~,~. ~:~_: ;~: ,:. '{~':':'i.~~::;",:;';,-~r '.'
".,,"
. .~ .;~~;t'
,":;.. ~ I' ,
",
If.,., '...:,:.~,~:-~.:
:. . -.~.~:-.' :"(. ::~ ,~' ".--'
.-/ "".". ',".,'
. ..' " ,.~"
. ,: ::' ~,<:/.: ~ " '.V
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Office of The Clerk of Commission
Lena J, Bonner, CMC
Clerk of Commission
Nancy Morawski
Deputy Clerk
September 18,2001
West Augusta Little League
C/O Ms. Susan Knight, President
2437 Boxwood Court
Augusta, Georgia 30904
Dear Ms. Knight
Room 806 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
'(706) 821-1820 - FAX (706) 82.1-1838
Enclosed is a check in the amount of $20,000 representing total payment of your
FY2001-2002 State of Georgia appropriations through the Georgia Department of
Community Affairs Local Assistance Grant Program 02-C-L-616.
If I can be of further assistance, please feel free to call.
, -
Enclosure:
~~~~ed uV~ ;'.51::f; 1-
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) 82.1-182.0 - FAX (706) 82.1-1838
August 30, 2001
West Augusta Little League
c/o Ms. Susan Knight, President
2437 Boxwood Court
Augusta, Georgia 30904
Dear Ms. Knight:
Enclosed is a Grant Agreement and a Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies.
Should you have any questions or need any additional information, please .feel free to
call me at 706-821-1820.
Enclosures:
-
' _..-. -...-:: ~ -
Memo
To: State Grant Recipient
From:AI Denis, Grants Manager
CC: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
In accordance with grant agreement ~-C-L-fL&, it is acknowledged that' upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta. the State of Georgia, or any of their
departments. agents; or employees (hereinafter collectively "Grantor") deems
necessaty to monitor performance of this Agreement. The Recipient agrees to
maintain proper and accurate books, records and accoLints 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that' any unresolved findings of the Grantor
, concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation offundusage or a copy of an
audited financial statement which includes expenditures of Agreement funds.
. y- Telephone No. 73'!',-0 7&:1 7'
S' gnature '
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. Page 1
C'
GEORGIA DEPARTMENT OF
C,OMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 9, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Ma yor
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 Augusta/Richmond County
has been included in the Fiscal Year 2002 State Budget. The attached contrac;t when executed commits
state funds to purchase additionallightingJor West Augusta Little League Fields 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 bitegory, I would ask that you consult with your local attorney.
The second deals with grants to pri vate 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
both copies to me, I will then sign for the Department and return a copy to you along with a check
representing the full payment.
Please note that your FederaLEmployers 1. D. Number is required Jo process this grant. You must
enter this number on page 4 of the contrac't,
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 Robby Stevens at (404)
679-4943.
Sincerely,
JHJja
Enclosure
cc: Richmond County Legislative Delegation
eaUAL HOUSING ~
OPPORTUNITY L.:J
/) :>-('1-- (4~
60 Executive Park South,N.E. ~ Atlanta, Georgia 30329-2231 · (404) 679-4940
www.dca.state.ga.us
An Equal Opportuniry Employer
@ Recycled Paper
---
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STATE OF GEORGIA )
RICHMOND COUNTY )
GRANT AGREEMENT
L'"1I4 Ju/f~
THIS AGREEMENT, made and entered into this ~ day of.4Hy, 2001, 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");
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:
I. 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 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 recreational programs and facilities, including additional lighting for little league fields,
A UGUST 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
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
I ights, 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;
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, 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 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 AUGUST A, until such findings 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, AUGUST A has not assumed or undertaken any legal duties as to the ORGANIZATION or others, The
ORGANIZATION agr~es 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.).
ORGANIZA TION 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 lnternal
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." I 53 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 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 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, A II claims, disputes and other matters in question between the AUGUSTA and
ORGANIZA TION 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,
4
] 3, All notices, demands, and requests which mayor are required to be given ORGANIZATION
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:
WEST AUGUSTA LITTLE LEAGUE
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 LITTLE LEAGUE
ORGANIZA nON
ATTEST:
ATTEST:
Title:
Sworn to and subwribed
before me this' I'fWday of
~--;'el~
Notary Public
My CO!llrpiss.ion. E~~[nuary 15, 2002
My Commlsslon~~lre
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Memo
To: State Grant Recipient
From:AI Denis, Grants Manager
cc: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
In accordance with grant agreement Jl:J...-C-L-Ldk. it is acknowl,edged that upon
request the Recipient agrees:'"to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") 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 appli,cable laws. Such'
documentation shall be retained for at least three years from the completion of said
project and shall be made available to the Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that" any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applyipg for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
, '
.' '
Within 90 days of receipt of state funds, the department will contaCt you and a time
will be arranged in which to review documentation of fund usage or a copy of an
audited financial statement which includes expenditures of Agreement funds.
, ' "f'ia., "' ' P-- Telephone No. 75 i .- 0 7&:7 7'
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'" . ." .-,..., . ,-. E' Januarv 15 2002
""'":..,,.:.~y"~9.mmission xplres '1 I
,- Page 1
'.t.i:";
"./
~
Grant No. 02-C-L-616
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 2nd day of July, 2001, 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 w'arranties 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 $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. Accountabilitv. The Recipient agrees to expend said funds solely in conformance with
this Agreement and to account fo~ said fUl)ds 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 ~th 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.
.'.......
r"l
..
Grant No. 02-C-L-616
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. !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 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
D'epartment 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 recefving 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 ~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 tlle Recipient. If at the time of terrri1nation. any funds under
this Agreement have not been disbursed to Recipient, said funds shall be retained by the Department.
~-.
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Grant No. 02-C-L-616
Page 3 of 5
11., Satisfaction. In Jhe 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. 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
mean"ing related to "organization," but may also mean a "custom, practice, rClationship, 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. 02-C-L-611.6
Page 4 of 5
IN WITNESS WHEREOF, the partie~ hereto have executed this Agre~ment as of the date first written
above.
By':
Federal Employers ID Number:
8 ?{ - 2Jd-0 if :; 7 Lj
Attachments: Exhibit A. "Scope of Services"
COMMUNITI AFFAIRS
By:
"
~~."'.. ..
."'.
Grant No. 02-C-L-616
Page 5 of 5
EXHmIT A
The Local Assistance Grant shall be used by Augusta-Richmond County to purchase additional
lighting for West Augusta Little League fields 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. 111e 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.
"
_ r,
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) 82.1-182.0 - FAX (706) 82.1-1838
August 30, 2001
West Augusta Little League
C/O Ms. Susan Knight, President
2437 Boxwood Court
Augusta, Georgia 30904
Dear Ms. Knight:
Enclosed is a Grant Agreement anda Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible tq your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies.
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
ULMER BRIDGES
JERRY BRIGHAM
HENRY H, BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR.
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
WM. "WILLIE" H. MAYS, III
Mayor Pro Tem
MEMORANDUM
To:
West Augusta Little League
From:
Jim Wan
Date:
August 28, 2001
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 Ifenefit 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, Sll1ce 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 HORNEY
LEE BEARD
ULMER BRIDGES
.JERRY BRIGHAM
HENRI' H, BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM Il. KUHLKE, JR,
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.RIC!lMOND.GA.US
GEOI{GE R. KOLB
Administrator
WM. "WILLIE" H. MAYS, III
Mayor Pro Tem
MEMORANDUM
To:
West Augusta Little League
From:
Jim Wall
Date:
August 28, 2001
The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community
Affairs, on August 17, 1999 addressing two issues and concerns,
The first con:cern is for funds for a grant to a local government for the Ifenefit of an apparently
private organization. He concluded t11at 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.
(have attached two copies of the contract, sll1ce we must provide one copy to DCA. The
remaining copy is for the City's records.
Please execute both copies of the contractin order that they may be returned to me. Further, if
you should have any questions concerning either the scope of services or the certi.fication, please call me.
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER'
August 9, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $150,000 representing payment for the following Local
Assistance Grants:
Grant No. 02-C-L-241
Grant No. 02-C-L-605
Grant No, 02-C-L-614
Grant No. 02-C-L-616
Grant No. 02-C-L-699
Grant No,02-C-L-732
$lO,ooo;:t/.;r.k~f(&'; IIl/>.L'h_ I'
$20,000 'ou.Ji4iriifv~~
$30,000 Ilt.J.Iiurl..o)~ /)1'.
$20'000~~kv~~~
$50,000 ~(iA.i. , -6:v ~T ~ . :
$20,000 JIUd ~!JJ.JIrJ
Also enclosed are copies of the executed contracts 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
requii'ed 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.
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.
S i ncerel y,
9~~
Jim Higdon
Commissioner.
JHJja
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 Opportunity Employer
@ Recycled Paper
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STATE OF GE-ORGIA GR~:\'T CERTIFICATION FORiVI
"
'#'
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 cop" 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
I. Complete lines A through K on page 2 of this form. Please note that one form should be used for
each 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 aIUlUal 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 yomplete 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 perform an
audit or perform 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 form 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
ro":i
STATE OF GEORGIA GRANT CERTIFICATION FORM
'"
A Local Government
B Information For Year Ended
, !
C S tate 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
Reco gnized
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 ~ere used solely for 'the expr~ss 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
"""
,..
,,";
Independent Accountant's Reoort
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 ofthe following grant award(s):
[Individually identify each grant award of governor IS emergency funds and/or speCial
project appropriation.]
Management is responsible for [name of government]'s compliance with this requirement. Our
, '
responsibility is to 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 of government]'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.
AUGUSTA-RICHMOND COUNTY COMMISSION
060097
." ;. .- " ,'::, '~",'DESCRIPTION:, ,.. ': :';',;' .- :::''p,O~:NUM8ER':' ':':JNVOICENUMBER ' , ,INVOICE-AMOUNT; , , .. . c.:.:"::. " ..' <"t,,':i"~:;';':NETAMOUNr"~",
..-' ~ .. ...
PRANT 02CL616 2 0 , 000 00 0 00 20 , 000 00
... '.. ". .., ., .. .. - ..
,
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
060097 08/17/01 2 0 , 000 00 0 00 2 0 , 000 00
1110 bOO g 7111 I: 0 b ~ ~ 0 ~, j 7 5 I: b a j 0 ~ L. a j g L. III
f
Office of The Clerk of Commission
fh
Lena J. Bonner, CMC
Clerk of Commission
Nancy Morawski
Deputy Clerk
Room 806 - Municipal Building
530 Greene ~treet - AUGUSTA, GA. 30911
(706) 82.1-182.0 - FAX (706) 82.1-1838
MEMORANDUM
TO: Honorable Jack Connell, Speaker Pro Tem
FROM: Lena J. Bonner, Clerk of Commission
DATE: September 7,2001
SUBJECT: Fiscal Year 2002 Local Assistance Grant Awards
As you requested in your memorandum dated May 11, enclosed are the following grant
awards representing total payment of their FY2001-2002. State of Georgia
appropriations through the Georgia Department of Community Affairs Local Assistance
Grant Program along with a copy of their grant agreement:
ORGANIZATION GRANT NO. AMOUNT
Auqusta Players 02-C-L-48 & 591 $35,000
Golden Harvest Food Bank 02-C-L-390 $25,000
Harrisburg West End 02-C-L-559 $25,000
Neighborhood Assoc. Inc.
Laney Museum 02-C-L-558 $25,000
Augusta Museum c 02-C-L-557 $25,000
If I can be of further assistance, please feel free to contact me.
/'
AUGUSTA-RICHMOND COUNTY COMMISSION
060623
>.." DESCRIPTION P,O;NUMBER'. '.:'INVOICE NUMBER, "INVOICEAMOUNT , -- .. " ' 'NETAMOUNT'
l.JOCAL ASST GRANT AWARDS 02CL558 25,000.00 0.00 2,5,000.00
,.., - - ,.. .. - .- . -
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
060623 08/31/01 25,000.00 0.00 25, 00.0 .00
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STATE OF GEORGIA )
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this !j: day of June, 2001, 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 LUCY CRAFT LANEY MUSEUM OF BLACK
HISTORY hereinafter referred to as the "ORGANIZATION");
WIT NE 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:
I. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION
accepts, the sum of$75,000.00 (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 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
~
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. 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
infonnation, documents and/or photographs that AUGUSTA, the State of Georgia, or any oftheir 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. ORGANIZA TION 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 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 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, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The
ORGANIZA TION 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 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. ~ 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 (Q.C.G .A. ~ 50- I 8-70, 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 Coqe.
8. ORGANIZA TION 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
~ ~it
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, beli,ef 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 "denomimition" 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.
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 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.
4
:. ......,
13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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 CRAFT LANEY MUSEUM OF BLACK HISTORY.
'In~ /h.db.,-~
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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 CRAFT LANEY MUSEUM OF BLACK HISTORY
ORGANIZATION
By: ~ /Llt~ - ~
ASiffi~
ATTEST, n .~
Title:
Sworn to and subscribed
before ine thi~l>kb day of
~ ,2001.
Notary Pub
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Grant No. 02-C-L-558
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 2nd day of July, 2001. by and between the Department of
Community Mfairs 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 $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 fun.ds 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. 02-c-L-558
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 riot 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 sha,ll 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 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 th'e Department.
r
Grant No. 02-C-L-558
Page 3 of 5
11. Satisfaction. In the everlt 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 pr 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. 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. AU'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 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
paUem 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 requir:ement'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. 02-c-L-558
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:
5g>..?~V;)7r
Attachments: Exhibit A. "Scope of Services"
FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS
By:
l.
.r
"
Grant No. 02-C-L-558
Page 5 of 5
EXHmIT A
The Local Assistance Grant shall be used by Augusta-Richmond County for organizational support for
the operation of the Lucy Craft Laney Museum of Black History 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~ Ora 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.
./
/
_ _ ~_; ---L~
. -,Aug~Ri~!JmQn~ Cotip-~:-:
Finance Department
,. I
, : I ,
Memo
To: State Grant Recipient
From:AI Denis, Grants Manager
cc: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
t+I
In accordance with grant agreement ~-C-L-S5"8"', it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents andlor photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") 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 qf said
project and shall be made available to the Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation of fund usage or a copy of an
audited financial statement which includes expenditures of Agreement funds.
Name ~t.,~ ~ -- ~ Telephone No. '10/.<1- 3~1L
Signature , ' ,
(Please print) e lie; i:> 17 pJe /'1; cLC::C - ;] e r~
- '
Address (II G, P~5 U
~~-h I GI1 ~qo/
. Page 1
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY A DORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY Ii, BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B, KUIILKE, JR.
STEPHEN E. SHEPARD
MARION WILLIAMS
BOB YOllNG
Mayor
P.O. Box 2125
454 GREENE STREET
AUGUSTA, GA 30903
Bus, (706) 821-2488
FAX No: (706) 722-5984
E-MAIL: IWALL@CO.RICIIMOND.GA.US
_ GEORGE R. KOLll
Administrator
WM. "WILLIE" H. MAYS, III
Mayor Pro Tem
MEMORANDUM
To:
LUCY CRAFT LANEY MUSEUM OF BLACK HISTORY
From:
Jim Wall
Date:
June 7, 2001
The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community
Affairs, on f\ugust 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 haye 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,
.' have attached two copies 'of the contract, sll1ce we must provide one copy to DCA. The
rt;lmaini!lg 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 cet1ification, please call me.
~
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COl\fMISSIONER
July 9, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Y OUi1g
Mayor
Augusta/Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
1 am pleased to advise you that $25,000 in Local Assistance funds for AugustalRichmond County
has been included in the Fiscal Year 2002 State Budget. The attached contract when executed commits
state funds for organizational support for the operation of the Lucy Craft Laney Museum of Black
History 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.
t
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 full payment.
Please note that your Federal Employers 1. D. Number is required to process this grant. You must
enter this number on p'age 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,
JH/ja
Enclosure
cc: Richmond County Legislative Delegation
r1;;;;-C C--55g' , '
EaUAL HOUSING ~
OPPORTUNITY L.:J
60 Executive Park South, N.E. · A~lanta, Georgia 30329-2231 · (404) 679-4940
www.dca.state.ga.us
An EaLw/ OIJIJorninitv EmIJ/over
@ Recycled Paper
, GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
August 22, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $351,000 representing payment for the following Local
Assistance Grants:
J!.p;d ~...'hlot<cJDrant'No, 02-C-L-1l2 $ 21,000~rant No. 02-C-L-559
7!tj~iilJ~" IJA;;Grant No, 02-C-L-131 $ 5,000 Grant No. 02-C-L-610
ltZ~~ Grant No, 02-C-L-246 $ 10,000 Grant No. 02-C-L-617
'1k.~d.,0iI~ Grant No, 02-C-L-288 $ 5,000 Grant No. 02-C-L-665
l!1JIdJAo ~ Grant No. 02-C-L-390 $ 25,000 Grant No. 02-C-L-736
tu'1t~ Grant No, 02-C-L-558 $ 25,000 Grant No. 02-C"L-772
Also enclosed are copies of the executed contracts 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
;'eturn 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.
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,
c;?:~
Jim Higdon
Commissioner
JH/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
Office of The Clerk of com~n
.!\
"
J,
Lena J. Bonner, CMC
Clerk of Commission
Room 806 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
(706) 82.1-182.0 - FAX (706) 821-1838
NahCy Morawski
Deputy Clerk
MEMORANDUM
. TO:
Ms. Donna Williams, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
August 24, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $351,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
GRANT NUMBER
02-C-L-112
02-C-L-131
02-C-L-246
02-C-L-288
AMOUNT
$21,000
$ 5,000
$10, OC ::r....."'" .,,,,
$ 5,000
$25,000
$25,000
$25,000
$25,000
$100,000
$50,000
02-C-L-390
02-C-L-558
02-C-L-559
02-C-L-610
02-C-L-617
02-C-L-655
02-C-L-736
02-C-L-772
$40,000
$20,000
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
v,,,, '-......." ......1-\...,. ,.......,,,
DEPARTMENT OF COMMUNITY AFFAIRS~,
ATLANT A",GA
BANK 1100-1'000
. 0000050120
:.:08/22/2001
'$351,000"-,.00
Check:No:
Check,Date~ '.
"CheckTotal:
,
,
Page 001 OF 001. .
Vendor No: 0000013727'
:'Vendor Name: BOARD. OF COMM I.SS IONERS
1;.
t..
INVOICE
NUMBER
'.02-C-L- 112
02-C-L-.131'
02-C-L-246'
i02-C-L-288
~:02-C-L-390
~02~C-L-558
,02- C - L- 559'
',02-C-L-610'
"02':C-L-61 T
i02-C-L-665,
'02-C,-L-736
,02'-C-L-7,72
',.,
-
INVOICE
DATE
GROSS
AMOUNT
21,000.00
5,000,00
10,000,00
. 5,000,00
25',000.00
'25,000,00
,25,000,00
.25:,000.:.00'
100,000'.00
50',000'; 00
. 40 , 000:, 00. '.
20:,000.00
0'.00
.0,00
0.00.
0,00
2 l' ,000.00
. 5,000.00
. .10,000:00
5,000.00
25,.000'..00
.' 25,000.00
. "25,.000.00
,25.,000'.00
100" OOOi. 00'
. 50,000"..00
~:.40',000;"OO
'20:,000'..00:
DISCOUNT
TAKEN
AMOUNT
PAID
08/21/2001' 000b2~473
08/21/2001000028476,
08/21/200100002847*
08/21"/2001' 000028466
08/21/200,1 000028472
o 8l2.1/ 200.1' 000028'469;
.08/21/2001.000028471'.:
.08/2'1/2001'. 00002846,7>
08/2'1/200.1" ';000028468;
08/2'1:/200'1 . 0000284n:
08/2,1/2001" .' :0000284;77,
08/21/2001;' ;000,028475:'
:.'. ,.......: ....
;'.. ,.' '"
. . ~2~;{ S;;:~'ir~E" "'0 I::.:-G"~' EO'"'R';':'G"'"'I'; ^"
" Ai:'::l'~' ~. t',",~I~ .... ~.~. '. '. '~'. ._"
OEPAR',T.MENT,;;- OF 'COMMUN:U,y.-'iA'FEA'.IRS
:~";,~O'. ~XI:CUT;IVE:)~ARK SOUTHi.'<Ne,E:, :i
;~lf \{~~~~~:}&t~{~~V .
~;~i;r~;~fi7~~gi[flr,,~;t .. "'ir',' ,; "
PBY, Exactly THREEi..'HUNO~,ED g!"TX'-O~E THO:U~"\fo;IO, A~D~ OO.1~ioots~;**;!<;;,**:!!,*****' "
, . 1 r.,\::::.,:~::;" "'~~=- ~ '0. .:-y!.:":.~(..~: ~~ :'~',1,~,~,::~,~" ...._~~\;j1'::~~.. "'~:it.:-. ' . I-I:~";,\",:;~-:-u::~(.':,,,'
t'
"
$351 ,000,00
:.,\<::1"
. '.h'~l"'~--""'"
....~ . 1 ....... < .' " .....~',..._~,_:~.;...~..,...,'~:.~.
....~..~.i:~~?}::;};~ ';'-.;' "J" I,-"l' - . (' ; :.~:;.~;
t.;. :.:::';. ~".:~j..,..:...,;,~.;.:,i,~,..',.;.;,.;....:~.,;;..'.~.'._'.:,'..,!,'..,:~..'..~.,.,'..:,...:." . . .
..,' .,:'," ,', .'.:.".,.:C;.'.. r;.:~.[~..,l".". ;:'.;'!"}
':";:;~ )~;:!::.::'., .::;}',.(::;. .'--:/.->':: ....-r.",...
. W.'f(C~:O V I A ~;~NK::~.:::~: '. i::;j.~; :~!~!.ih:!!~l~Y:'" '1)Ti\{lfl~!.11' ""
tl....~.:.t~.~,~-::.'.t\~.'"..~..;l;.I,"\.~: ,'.':.,~~~;:;,;;",. .:.~ilJil...:rtfit;i-','.J.~,\~'~~';r'~''''':;:'\~~-'':I~~~";u.,;jJl'(~''<;''::li1.u..~:C:;~;~;l'.:.1".J:S""~f."r~q":;.J;;~':'~~~i~,"\7$"...,:.9.',Hi.;rri-~-:it:r"'I..::.(.~-;;:~.~'.!,:'~~""''.J.'tt<'ll.i<,!"..~~~,;:~,;:;!tliI~I)"'....e:~;rq)~~E~~~~;:.::.~r.'li~~~:1'1V<~11WPe!~'.:>6/.t;n~;:I;':>:.Jur.~;'r'i'~'
11100000 50 ~ 20111 1:0 b ~oooo ~ol: 07 0 ~ 7
... b Sill
. ,:.'
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) 82.1-182.0 - FAX (706) 82.1-1838
MEMORANDUM
TO:
Ms. Donna Williams, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
September 4, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $390,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to' the following Local
Assistance Grant recipients:
ORGANIZATIONS GRANT NUMBER AMOUNT
Augusta Players ' 02-C-L-48 $25,000
Augusta Recreation Dept. 02-C-L-128, $ 5,000
Beulah Grove Resource Ctr 02-C-L-132 $15,000
Augusta Youth Center 02-C-L-171 $10,000
Augusta Mini Theater 02-C-L-533 $250,000
Augusta Museum of History 02-C-L-557 $25,000
Augusta Youth Center 02-C-L-609 $5,000
Beulah Grove Resource 02-C-L-740 $35,000
Center
Beulah Grove Resource 02-C-L-751 $20,000
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
/
,J
'i
T
..
GEORGIA DEPARTJ.\tIENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
August 30,2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Geoi"gia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $390,000 representing payment for the following Local
Assistance Grants:
Grant No. 02-C-L-48
Grant No. 02-C-L-128
Grant No, 02-C-L-132
Grant No. 02-C-L-17I
Grant No, 02-C-L-553
Grant No. 02-C-L-557
Grant No, 02-C-L-609
Grant No, 02-C-L-740
Grant No, 02-C-L-751
$ 25,000-/tt6tt<<~j)t.~ ~
$ 5,000 karn--~e-+- ~ (#ft.
$ 15,000'&-UM-1-f-6~dvG""
$ 1O,000-lk#itlsrA l/tU~ ere.
$250,000 /TJ 1<<1 /',*,7'1r.tL&-
$ 25,000 A:u~ u.sT* /l1LfSCU Jrt of fhsr()bj
$ 5,000 -4uc; t{frl1- 71cAlrt+ Crl!
$ 35,000I3eu~62dVc:-
$ 20,000 6 (2tflIl;-- ~(.Qt e~ ere
Also enclosed are copies oUhe executed contracts for your files.
Please also be aware that as the recipient of a Local Assistance Grant, yoil are now required under a
new law effective January 1, 1999 to ,provide certain disclosure informatio'n 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 nave any questions about these reporting 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,
pl~ase call Bobby Stevens at (404) 679-4943,
Sincerely,
a ik,J~
, Jim Higdon
Commissioner
JH/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
'I T
"., .
.* ,)',:.:"
"",::STATEOFGEORGIA" :;. . "
'OEP'A'R'T.MENT OF COMMUNITY 'A'~FA:~~S~ ,-
.~;
0000050244' <~.~~
08/29/200 f . ',,~~';~1:
$390',000.00 .' ,
.",~!:
~~:
lJ'
Page 001 OF' 001,
Vendor No: 0000013727.
Vendor Name: AUGUS,TA R ICHMONO CTY' BO 0
- ~',":-:'.~ r.",.' ,":
ATLANTA, GA
· BANK 1100.- 1000' ,
:., GROSS
AMOUNT
AMOUNT
PAID
INVOICE.
NUMBER'
102-C-L-128'
02-C-L-132' '
102-C-L-171
02-C-L-48
102-C-L-553'
02-C-L-557"
02-C-L-'609'
02-C~L-740' .
! 02:-C-L-75f:,
I .
j
. . ",
'. 08/27/200 l'
08/27/2001
08/27/2001
08/27/2001
08/27/2001
08/27/2001
08/27'/2001,
08/27./2001;
.08/27/2001
000028672: ....
.000028669' .
0000286,70
. 000028673"
000028675'
000028674',. '
000028671: ..
.0000286.68
000028667
. k"'''"
5.,000,00 .
15,000,00'
.10,000.00 .
25,000,00'
250,.000',00'
25,000.00
5,000,00
35,000'.00
.20',000..00.
",J..: 0.-..00. .:;'z
, O~. 00;
0;,00 ' "
'0'.00
0';00'. '.
'" .., 0' 00'.
0:00:'
. 0:.00'
0,,00
t:j
5,000,00', .,
15,000'. OQ, ~~..
10: 000' 00
25:000:00
250,000'.00
25,000.00
5,000.00
35,000.00
20',000,00
~:~i
Ifl
tel
. t',J'
"jo-l
{;,.'I
(,
(I
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GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 9, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Mayor
Augusta/Richmond County
530 Greene Street
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 2002 State Budget. The attached contract when executed commits
state funds to contract with Bell Terrace Community Center and May Park Community Center to provide
summer youth programs in Richmond County.
I must call your attention to two provisions in this contract that based on advice from the Attomey
G~neral 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, 1 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
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full 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,
~n
Commissioner
JHJja
Enclosure
cc: Richmond County Legislative Delegation
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
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR.
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
WM. "WILLIE" H. MAYS, III
Mayor Pro Tem
MEMORANDUM
To:
AUGUSTA RECREATION DEPARTMENT
From:
Jim Wall
Date:
June 7,2001
The Attorney General issued a Memorandum to Jim Higdon, Comll1issioner 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 contracHor services. In addition,
the contract must show the scope of services and how the scope of services is i'n 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, 1 have included a certification that your
organization is not "organized out of belit;f in God or other supernatural beings", which is a requirement
for your organization being eligible for the grant t1mds.
--Also, the State is requiring that the Cityaudit address all grant funds. Therefore, please note the
language included in paragraph 3.
- I have attached two copies of the contract, sll1ce 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. Flirther, if
you should have ~ny questions concerning either the scope of services or the certification, please call me.
po /if) r /YEElJ
tif(~1'rCT tYV
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STATE OF GEORGIA )
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of June, 2001. 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 AUGUST A RECREA TION DEPARTMENT hereinafter
referred to as the "ORGANIZATION");
WIT N E SSE T H:
WHEREAS, the ORGANIZATION has submitted to the Georgia Dep"artment 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 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 recreational programs and facilities, including additional lighting for West Augusta Little League
Fields.
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
't'" .
"~I
'j
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;
~
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, 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 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
t i
T
the Funds have been accounted for. ORGANIZATION acknowledges and agrees th~t 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 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
, 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.).
ORGANIZA TION 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 prohibitioh against sectarian aid. The
Constitution provides in Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury,
3
r
-.
,
'r
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 a/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). I n 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, ORGANIZA TION hereby
certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as defined
above.
I 0, 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
ORGANIZA TION 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.
4
.-
\ 'i
13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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 RECREATION DEPARTMENT.
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 RECREATION DEPARTMENT
ORGANIZA nON
By:
As its
AUGUSTA, GEORGIA
~: . As its Mayor
ATTEST:
Title:
ATTEST:
Clerk
Sworn to and subscribed
before me this _ day of
, 2001.
Notary Public
My Commission Expires:
5
AUGUSTA-RICHMOND COUNTY COMMIS.SION
JAMES B. WALL
CrTY ATTORNEY
LEE BEARD
ULMER BRIDGES
.JERRY BRIGHAM
HENRY H. BRIGIIAM
ANDY CHEEK
nlCHARD L. COLCLOUGH
WILLIAM B. KUIILKE, JR.
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.RICHMOND.GA.US
GEORGE R. KOLB
Administrator
WM. "WILLIE" H. MAYS, III
Mayor Pro Tem
MEMORANDUM
To:
AUGUSTA RECREATION DEPARTMENT
From:
Jim Wall
Date:
June 5,2001
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 granfs should be authorized only when the local government
recipient nlakes 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 inquirjes as may be reasonably
necessary to enforce" the sectarian aid prohibition. Accordingly, r have include~ 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,Uthe State is requiring that the City audit address all grant funds. Therefore, pl<~ase note the
languag~ iri~ludedin paragraph 3. ..'
I have attached two. copies of the coritract, smce we must provide one copy to DCA. The
remaining CClPy is for the City's records:
.Please.execute both copies 6fthe conti-acrin.order that they may be returned to me. 'Further, if
youshouldfi~ve any questions concerning either tl1e 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, 2001, 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 RECREATION DEPARTMENT 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 CONSIDERA TION 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 recreational programs and facilities, including summer youth programs at May Park Community,
Center and Belle Terrace Community Center.
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
'A .,
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
courities and municipalities or any combination thereof;
/'
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 ahd 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. 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 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 administr<\tion ofthe Funds and compliance with
all applicable laws. Such documentation shall be r~tained 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 regul.arly 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 AUGUST A documentation of Fund use or a copy of audited finanCfial 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 clailns 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. ORGANIZA TION certifies that it is a tax exempt entity -under S 50 1 (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 publ ic treasury,
3
'i
directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This
"Sectarian A id"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." J 53 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 inqu'iry of ORGANIZATION as
to whether it is "organized out of belief in God or other supernatural beings" and, ORGANIZA TION hereby
certifies to AUGUST A that it is not so organized and that it is not a religious ORGANIZATION as defined
above.
1 0, AUGUSTA 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
disburs,ed to the ORGANIZATION, said funds shall be retained by the City.
11. In addition to the indemnification provision set forth in paragraph 4 hereof,
ORGANIZA TION agrees that this Agreement shall terminate should it be determined the Grant from the State to
AUGUSTA is in violation of any law orbe decla~ed 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.
4
': ,...
13, All notices, demands, and requests which mayor are required to be given ORGANIZATION
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 RECREATION DEPARTMENT.
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 RECREATION DEPARTMENT
ORGANIZATION
AUGUSTA, GEORGIA
~.
By:
As its
As its Mayor
, ATTEST:
Title:
ATTEST:
Clerk
Sworn to and subscribed
before me this _ day of
, 2001.
Notary Public
My Commission Expires:
5
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY An'ORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H, BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR,
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
WM. "WILLIE" H. MAYS, III
Mayor Pro Tem
MEMORANDUM
To:
AUGUSTA RECREA TION DEPARTMENT
From:
Jim Wall
Date:
June 7,2001
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 lor services. Tn 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 inquiri,es 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 requlringthatthe- City audit address all grant funds. Therefore, please note the
language included in paragraph 3.
I have attached two copies of the contract, sll1ce we must provide one" copy to. pCA. The
remaining C(lPY 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 questlon"s -concerning-eitherthe 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, 2001, 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 RECREATION DEPARTMENT hereinafter
referred to as the "ORGANIZATION");
WIT N E SSE T H:
WHEREAS, the ORGANIZATION has submitted to the Georgia Depaltment 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 ORGANIZA nON 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$20,000.00 (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 recreational programs and facilities, including additional lighting for 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:
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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;
~ 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 ahd 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, Further, under the Grant Agreement with
the State of Georgia, it is acknowledged that upon request AUGUSTA has agreed t6 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 ofthese
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
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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
ORGANIZA TION 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. S 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which
constitute more than 33 ] /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. S 50- I 8-70, 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
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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, CityafLaGrange, 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 offaith," "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 ofa 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.
I O. 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.
I 1. In addition to the indemnification provision set forth in paragraph 4 hereof,
ORGANIZA TION agrees that this Agree'ment 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
COUlt 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 COLllt of Richmond County, Georgia.
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13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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 RECREATION DEPARTMENT,
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 RECREATION DEPARTMENT
ORGANIZATION
AUGUSTA, GEORGIA
By:
As its
By:
As its Mayor
ATTEST:
Title:
ATTEST:
Clerk
Sworn to and subscribed
before me this _ day of
, 2001.
Notary Public
My Commission Expires:
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BENJAMIN ALLEN
REPRESENTATIVE, DISTRICT 117
1124 LANEY-WALKER BLVD.
AUGUSTA, GEORGIA 30901
(706) 724-7023 (0)
(706) 722-2095 (FAX)
, :J{ouse Of 2?gpresentatives
LEGISLATIVE OFFICE BUILDING, ROOM 512
ATLANTA, GEORGIA 30334
(404) 656-7859
STANDING
COMMITTEES:
, June 27, 2001
INDUSTRIAL RELATIONS
JUDICIARY, SECRETARY
REGULA TED BEVERAGES
Augusta-Richmond County Commission
ATTN: Lena Bonner
Clerk of Commission
HAND DELIVERED
RE: Loan Assistance Grants
(Fiscal Year 2002)
Dear Ms; Bonner:
In the State of Georgia Budget for Fiscal Year 2002, there are several grants being
made available to several local entities through the Community Affairs Department.
The following entities will be receiving grants in return for services to' the
Augusta-Richmond County Commission, to-wit:
(1) Lucy Craft Laney Museum
A TTN: Ms. Christine Betts
1126 Phillips Street
,Augusta, GA 30901
(706) 724-3576
(2) CSRA Transitional Center
ATTN: Dr. Charles Bartholomew
1345 Druid Park Avenue
Augusta, GA 30904
(706) 738-5060
(3) Augusta-Richmond Opportunities Center, Inc.
ATTN: Mr. Henry Brigham
1201 Laney-Walker Blvd.
Augusta, GA 30901
(706) 724-0446
...
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Ms. Bonner
Page 2
June 27,2001
(4) Augusta-Richmond County Recreation
and Parks Dept.
ATTN: Mr. Tom F. Beck, Jr.
2027 Lumpkin Road,
Augusta, GA 30906
(706) 796-9025
(a) $4,250 is allocatec:i to Su...Ttiner program at Bclle- Terrace
Community Center; ,
(b) $500 is allocated to JR's Block Party for children in Turpin Hill
area (school ending affair); and '
(c) $250 is allocated, for May park (back to school affair).
(5) Beulah Grove, Community Resource Center
ATTN: Dr. Sam Davis
1446 Linden Street
Augusta, GA 30901
(706) 724-4999 ,
(6) Shiloh Comprehensive Community Center
ATTN: Ms. Ruth'B. Crawford
1635 15th Street
Augusta, GA 30901
(706) 738-0089 .
(7) Neighborhood Improvement Project
AT1N: Ms. Me1inder S: Rider
2467 Golden Camp Road
Augusta, GA 30906
(706) 951-3748
(8) Good Hope Social Service Program
AT1N: Dr. Johnny Hatn~y
710 East Cedar Street
Augusta, GA 30901
(706) 722-2779 '
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Ms. Bonner
Page 3
June 27,2001
As mentioned, the Georgia Department of Community Affairs will administer the
contracting of the grants. The contact person with the Department of Community Affairs
IS:
Georgia Department of Community Affairs
A TTN: Mr. Bobby Stevens
60 Executive Park South, NE
Atlanta, GA 30329-2231
(404) 679-4943
,Of course, if I may be of any assistance in this matter, please do not hesitate to
contact me.
With best regards as usual, I am
BA:tsp
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STATE OFGEO,RGIA GRANT CERTIFICATION FORM
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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 c,opy 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 form should be used for
each 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 govemri:lent 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 CP A 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 publiq accountant to perform an
audit or perform 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 form 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@mai1.audits.state.ga.us
r
'J STATE OF GEORGIA GRANT CERTIFICATION FORM
A : Local Government
I
B Information For Year Ended
I
,
C S tate 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 informationpresented 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., r 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
I
Date
Signature of Chief Financial Officer
Date
0/'
IlIdeoendent ACCollntalit's Report
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 resp?nsible for [name of government]'s compliance with this requirement. Our
responsibility is to 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 of government]' 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.
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Grant No. 02-C-L-128
Page 1 of 5
STATE OF GEORGIA
COUNTY OF DEKALB
STATE OF GEORGIA
DEPARTMENT OF COMMUNITY AFFAIRS
AGREEMENT FOR QRANTING OF STATE FUNDS
THIS AGREEMENT entered into this 2nd day of July, 2001, 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. 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'existiilg 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 ftinds 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.
a~.
$
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Grant No. 02-C-L-128
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 ~45-1O-28 and a.c.G,A. ~36-67A-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:allv Binding Act. The Recipient certifies that it is duly organized,
validly, existing and in good standing under the laws of the State of Ge'orgia; , 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 finan,cial ,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. ~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 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.
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Grant No. 02-C-L-128
Page 3 of 5
11. Satisfaction. In the event th'e 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 Agr~ement; (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 theprograIll 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 agreerrient. 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]
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Grant No. 02-C-L-128
.'i
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:
58-- ;);;:J.o,-/.2 7t/
Attachments: Exhibit A, "Scope of Services"
OF COMMUNITY AFFAIRS
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By:
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Grant No. 02-C-L-128
Page 5 of 5
EXHIBIT A
The Local Assistance Grant shall be used by Augusta-Richmond County to contract with Bell Terrace
Community Center and May Park Commu~ity Center to provide summer youth programs 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
ptevent 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) 82.1-182.0 - FAX (706) 82.1-1838
MEMORANDUM
TO:
Honorable Charles W. Walker, SeF'!ate Majority Leader
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
Augusta 31, 2001
SUBJECT: Fiscal Year 2002 Local Assistance Grant Awards
Enclosed are the following grant awards representing total payment of their FY2001-
2002 State of Georgia appropriations through the Georgia Department of Community
. Affairs Local Assistance Grant Program.
ORGANIZATION
Nei hborhood 1m rovement
Koinonia Community
Development Corp d/b/a/
East Augusta Learning
Center
Delta Leadershi Pro ram
CSRA Transitional Center
National Legacy ,
Foundation
CSRA Economic
o ortunit
GRANT NO.
02-C-L-133 & 742
02-C-L-699
AMOUNT
$30,000
$50,000
02-C-L-772
02-C-L-131, 736
02-C-L-617
$20,000
$45,000
$100,000
02-C-L-655
$50,000
If I can be of further assistance, please feel free to call.
pkked up by /~ ~~t1
Date ,9,4/..::10/ r ~
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Grant No. 02-C-L-131
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 2nd day of July, 2001, by and between the Department of
Community Mfairs 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 valuabie 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.
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Grant No. 02-C-L-130
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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-6 and that the aforementioned parties
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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. 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. ~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 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.
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Grant No. 02-C-L-131
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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, tJ:1e Recipient !3haIl 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. Bennettv. City oJLaGrange, 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" rimy 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]
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Grant No. 02-C-L-131
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written
above.
FOR THE RECIPIENT
By:
~0L7S1
. Mayor I
Federal Employers ID Number:
.5 g- :;);;)tJ V:L 7l/
Attachments: Exhibit A, "Scope of Services"
By:
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Grant No. 02-C-L-I3I
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EXHmIT A
The Local Assistance Grant shall be used by Augusta-Richmond County to contract for services with
CSRA Transitional Center, Inc. in Augu$ta to provide counseling cind alternative programs to combat
juvenile delinquency. '
. 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 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.
. 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.
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STATE OF GEORGIA )
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this Y day of June, 2001, 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 sefforth 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
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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 TlON 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
counseling and alternative programs to combat juvenile delinquency.
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 Iimit~d to the following:
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Police and fire protection;
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Garbage and solid waste collection and disposal;
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
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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
infonnation, 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 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 AUGUST A documentation of Fund use or a copy of audited financial sta,tements until all expenditures of
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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 AUGUST A, 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
ORGANIZA TION 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 tothis 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 th~ State of Georgia and further
agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's
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performance thereunder.
6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of
Georgia CO.C.G .A. 950-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which
constitute more than 33 1/3% of its funds frol11 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 CO.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 501Cc) 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 patties 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,
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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 ofa 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." I 53 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" andORGANIZA TION hereby
certifies to AUGUSTA that it is not so organized and that it is not a religious ORGANIZATION as defined
above.
10. A UGUST 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 tris 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,
ORGANIZA TION 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.
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13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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 Avenue
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.
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CSRA TRANSITIONAL CENTER, INC.
ORGANIZATION
By: a
As its President
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ATTEST: './7f/ /17~
Title: S retary
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_,. Aug, _ diiC"'~Qqd- Cou~ty.._
Fin~~ce. D~par;tment 1 .
Memo
To: State Grant Recipient
From: AI Denis, Grants Manager
CC: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
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In accordance with grant agreement ~c-L-.J1L it is acknowledged that upon
request the Recipient agrees to provide the. Department with-' any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") 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. Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor. '
Within 90 days. of receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation of fund usage or a copy of an
audited financial statement which includes expenditures of Agreement funds.
Name Ch..... \:u.o~'-..~\........... \..)-=?".:~ Telephone NO:"'\D\a.:-\~B~Sa..o
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Signature .
(Please print) C\..,p"",,\.c-S "1,,,, ---\"'~\Of"ro.C> ~~ ,0.
Address \~,+5 ~,,\.=.A.~~,,"",~ ,,~. , ~~a\.a~~ ~ "'~ ~Q't"
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AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUtlLKE, JR.
STEPtlEN 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
WM. "WILLIE" H. MAYS, III
Mayor. Pro Tem
MEMORANDUM
To:
CSRA TRANSITIONAL CENTER, INC.
From:
Jim Wall
Date:
June 5,2001
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 ofa lawful activity
whose benefit to the County is slibstantial. Please review the scope of services to insure it accurately
states t1iepurpose for ,,,hich 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, J have included a certification that your
organization is not "organized oucbf 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.thatthe City audit address all grant funds. Therefore, please note the
langllage included if} paragraph 3, ---
,I have attached two copies of the c~)ntract, _since we must provide one copy to DCA. The
remaining copy_is for the'City's records,
Please execute both copies o(the cQn,traet in order that they may be returned to me. Further, if
you should have any questions concerning-either the.scopeof services or th~ certification, please call me.
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GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 9, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Mayor
Augusta/Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
I am pleased to advise you that $40,000 in Local Assistance funds for Richmond County has been
included in the Fiscal Year 2002 State Budget. The attached contract when executed commits state funds
for operational funding for the CSRA Transitional Center, Inc, 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
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full 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,
JH/ja
Enclosure
cc: Richmond County Legislative Delegation
J J--ce--l'3 &,
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 Opportllnity Employer
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GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
August 22, 2001
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Roy E. Barnes
GOVERNOR
Enclosed is a check in the amount of $351,000 representing payment for the following Local
Assistance Grants:
~d ~..ujo&C<lorant No. 02-C-L-112 $ 21,000~rant No. 02-C-L-559
~,,;7J"~ UtlGrant No. 02-C-L-131 $ 5,000 Grant No. 02-C-L-61O
.~~~ Grant No. 02-C-L-246 $ 10,000 Grant No. 02-C-L-617
fIA~I6{)jJ1Ji{ Grant No, 02-C-L-288 $ 5,000 Grant No. 02-C-L-665
Ji/JliJ.Mv ~ Grant No, 02-C-L-390 $ 25,000 Grant No. 02-C-L-736
tutit~ Grant No. 02-C-L-558 $ 25,000 Grant No. 02-C-L-772
Also enclosed are copies of the executed contracts for your files.
Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a
new law effecti ve 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 Ed ward 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,
~~
Jim Higdon
Commissioner
JHlja
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 Opportunity Employer
@ Recycled Paper
..f
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
MElVIORAND UNI
TO: Ms. Donna Williams, Interim Finance Director
FROM: Lena J. Bonner, Clerk of Commission
DATE: August 7, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
. Enclosed is a check in the amount of $335,000 from the Department of Community Mfairs.
Please issue Augusta-Richmond County checks to the following Local Assistance Grant
recipients:
ORGANIZATION GRANT NUJ\tmER GRANT AMOUNT
FORE AUGUSTA 01-C-LB34 $250,000
Shiloh Comprehensive 02-CL-127 $ 5,000
Center
Neighborhood 02-CL-133 $ 10,000
Improvement Project
New Savannah Rd. Social 02-CL-245 $ 50,000
Services
Neighborhood 02-CL-742 . $ 20,000
Improvement Proiect
These monies represent total grant award for each recipient. I'm enclosing a copy of a listing
from the Department of Community Affairs of the local grant recipients. Some recipients
received more than one grant award with appropriations from the House Budget and the Senate.
Budget.
Thank you for your continued assistance.
Enclosure:
Check & DCA LISTING
... ,"
STATE OF GEORGIA
RICHMOND COUNTY
GRANT AGREEMENT
TH[S AGREEMENT, made and entered into this ~ day of June, 2001, 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 SHILOH 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, 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 [N CONSIDERATION of the mutual covenants and agreement
between the parties, it is agreed as follows:
I. 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. [n 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.
AUGUST A has the power to perform such services under the Constitution ofthe 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
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Police and fire protection;
o
Garbage and solid waste collection and disposal;
~
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. ORGANIZA TION 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 oftheir 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. 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 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
f.~ ~..
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 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 AUGU,ST 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- I, 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.).
ORGANIZA TION 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. ORGANIZA TION 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.
I O. 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.
I 1. In addition to the indemnification provision set forth in paragraph 4 hereof,
ORGANIZA TION 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 AlUGUSTA 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.
4
",..~
, ,
" . ....
13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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 COMPREHENSIVE 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.
Sworn to and subscribed
bore e this ~ day of
, 2001.
SHILOH COMPREHENSIVE COMMUNITY CENTER
ORGANIZA nON
B~s~ ~~iW ~y
~i;;~ESJ~~h
Notary PubIlc.IIIIIIbIIa1d CIanlr. GIanda
My ~'ll'.. . ~___-.,ZDlIlr
5
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-,
-.
Grant No. 02-C-L-127
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 2nd day of July, 2001, 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 Departm'ent is authorized by the provisions of O.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 tlle 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:
$~,OOO
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. 02-C-L-127
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 ~45-10-28 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 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 infonnation, 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. ~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 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 noti<;e 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. 02-C-L-127
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. U88-6.
(c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court
indicated th~t "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. 02-C-L-127
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:
Federal Employers ID Number:
5 '8"-;;>;;;.6'1;1 71
Attachments: Exhibit A. "Scope of Services"
, ~.
, .
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Grant No. 02-C-L-I27
Page 5 of 5
EXHIBIT A
The Local Assistance Grant shall be used by Augusta-Richmond County to contract with Shiloh
Comprehensive Community Center to provide after school programs 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 teIin. 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"!RiC;"l1J~n~- ~unty_~
Finance Department
~- I '
Memo
. To: State Grant Recipient
From:AI Denis, Grants Manager
CC: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
In accordance with grant agreement ~-C-L-g, it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation of fund usage or a copy of an
audited financial statement which includes expenditures of Agreement funds.
Name~,6', .~ Telephone No.78S-.<? 0 3 r
Signature p g (i) 10 ,.
. (Please print) if /J h jJ? L- t"- 1+ IN f-# T .d- .
Addres~ (p 30- - / o-;t?JU; ,d(!-
. Page 1
~-
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 13,2001
Ms. Ruth Crawford, Executive Director
Shiloh Comprehensive Center
1635 15th Street
Augusta, Georgia 30901
Dear Ms. Crawford:
Enclosed is a check in the amount of $5,000 representing total payment of your 2001-2002 Local
Assistance Grant A ward for Shiloh Comprehensive Center along with a copy of the Grant
Agreement between your agency and the City of Augusta.
If I can be of further assistance, please feel free to contact me.
I.;ena J. onner
Clerk of Commission
Enclosure:
Check
AUGUSTA-RICHMOND COUNTY COMMISSION
059392
DESCRIPTION.. 'P,O:'NUMBER INVOICE NUMBER INVOICE AMOUNT., : ..0_." NET:AMOUNT
3 RANT 02CL127 5, 000 00 0.00 5, 000. 00
-- - _H --. - .- .- .- .-- .- -.
..
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
059392 08/10/01 5, 000 .00 0 .00 5, 000.00
1110 5 g j g 2111 I: 0 b ~ ~ 0 ~ j 7 51: b 8 1 0 ~ L, 8 1 g L, III
000027824
, 000027843'
000027838
000027841
000027839
STATE OFGEORGIA
DEPARTMENT. OF COMMUNITY AFFAIRS
A'TlANTA, GA
BANK 1100-1000.
GROSS
AMOUNT
250,000.00
5,000,00
10,000.00
50,000.00
20,000.,00'
:,;C"
Page. 001 OF 00 f
Vendor No: 0000013727
Vendor Name:. BOARD OF COMMISSIONERS
INVOICE ':
DATE'
08/02/200 l'
08/02/2001'
08/02/200 V
08/02/200t,
08/02/2001.
CheCk No:
'Check Date:
,Check Total:,
.0000049.709:::'::
. .08/03/2001,',:,
, '$335,000,00':;:'
. . ~
INVOICE
NUMBER
01-C-lB34
.02-C-l-127
.02-C-l-133:
:02-C-l-245'
02.-C-l-742'
. ~\~,....',
. . -::
250,000.,00';/'
. 5.,000'.00':',
10':000'.00/,
50:; 000. 00",.
20.;.000:..00' :<
I;.
.~ . ...f:;. -. '~.;,:;k~:;;t-~,,~ . ~o. .>h':tf:?~'<1~'~
,~,7.(.,;.;':',,".;.,.~,._,},~,.~..., ~1;')B ....ii.fl~'i .S;fA\17EOEGEdRGI~~\' ,
J'" .. '),i;';;i.; DEPAR:tMENicOF CQMMUN'I,r,Y"AiFi'F.-A"I
'>'~'>.2~I~Ol':-jf!~'''i:i~;':!~~:o~!\~i;' " '" ":1
' .'r, ,::.'~";,, ,~"f. :.\:"..;~;~,":, . :;mf,;; :,1:
p,:aylo tha Ordo~ofF ,!tOA'ROl 'OF' COMM'tS~;(9NERS;,S\. Ii
,h~'i,'4; 'i~~i~.J~~j ~~~D;i,,7j 'I." ,,""");~': '335. 000 , 00 i::
P~~'pactly T~,M~{:HUN~~~D: '\~;~,~;,tX;~FIVE, t~'c~,~,~'AND";-'~~~l~:,OO/ .. ...:... ... .. "''^'_'".'!':-''' 'Ii
.~~~~
11-00000 ~ g 70 gll- 1:0 b .0000 .01: 07 O. 7 ~ b 511-
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon.
COMMISSIONER
August 6, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check Il1 the amount of $335,000 representing payment for the following Local
Assistance Grants:
Grant NO.02-C-L-12-('
Grant No. 02-C-L-133 j
Grant No. 02-C-L-24Y.
Grant No, 02-C-L-742/'
Grant No, 01-C-LB34v'
$ 5,000
$ 10,000
$ 50,000
$ 20,000
$250,000
Also enclosed are copies of the executed contracts 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 reporting 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,
9:;dO~~
Commissioner
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 Opportunity Employer
* Recycled Paper
.~._'-~
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 9, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Mayor
AugustalRichmond County
530 Greene Street
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 2002 State Budget. The attached contract when executed commits
state funds to contract with Shiloh Comprehensive Community Center to provide after school programs
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
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full 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.
I
/
Jil Higdon
Commissioner
JH/ja
Enclosure
cc: Richmond County Legislative Delegation
oD---~ L--/:l-7
eQUAL HOUSING ~
OPPORTUNITY L.:.J
60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940
www.dca.state.ga.us
All F.allal ()nnnrlLmitv Emnlover
@ Recycled Paper
- -i
STA:TE OF GEORGIA GRANT CERTIFICATION FORlVI
-:i'
,...
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
a,'..arded to the local government. The Grant Certification Form(s) should be submitted to the
State Auditor with one copv 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 form should be used for
each 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 30334-840.0
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 CP A 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 perform an
audit or perform 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 form and the accompanying Independent Accountant' sReport 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 engageme!1ts 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
.r-
-,
STA:TE OF GEORGIA GRANT CERTIFICATION FORM
t!f7
A Local Government
B Infonnation For Year Ended
I
C State Awarding 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
Reco gnized
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
"
:9
[ndevendent Accollntant's Revort
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 resp?nsible for [name of government]'s compliance with this requirement. Our
responsibility is to 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 of government]' 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.
d~
)'
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
July 16, 2001
Mrs. Ruth Crawford
Shiloh Comprehensive Community Center
1635 15th Street
Augusta, Georgia 30901
Dear Ms. Crawford:
Enclosed is a Grant Agreement and a Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies.
Should you have any questions or need any additional information, please feel free to
call me at 706-821-1820.
Very truly yours,
~J:):/~
Lena J. Bonner, . .
Clerk of Commission
Enclosures:
AUGUSTA-RICHMOND COUNTY COMMISSION
J AJVIES B. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
.JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, .JR,
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
WM. "WILLIE" H. M<\.YS, III
Mayor Pro Tern
MEMORANDUM
To:
SHILOH COMPREHENSIVE COMMUNITY CENTER
From:
Jim Wall
Date:
June 5, 2001
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 ofa 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, sll1ce 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 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
July 16, 2001
Mrs. Ruth Crawford
Shiloh Comprehensive Community Center
1635 15th Street
Augusta, Georgia 30901
I ~
Dear Ms. Crawford:
.' Enclosed is a Grant Agreement and a Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies.
Should you have any questions or need any additional information, please feel free to
call me at 706-821-1820.
;;;ij;I~
Lena J. Bonner,
Clerk of Commission
Enclosures:
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
,JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RIClIARD L. COLCLOUGH
WILLIAM B. KlllII.KE, JR,
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.llS
GEORGE R. KOLB
Administrator
WM. "WILLIE" H. MAYS, III
Mayor Pro Tem
MEMORANDUM
To:
SHILOH COMPREHENSIVE COMMUNITY CENTER
From:
Jim Wall
Date:
June 5, 2001
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, sll1ce we must provide one copy to DCA. The
remaining copy is for the City's records.
Please execute bothcopies 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
August 6, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
, Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check 111 the amount of $335,000 representing payment for the following Local
Assistance Grants:
Grant No. 02-C-L-12--Y"
Grant No. 02-C-L-133~
Grant No. 02-C-L-24Y..
Grant No. 02-C-L-742/ /
Grant No. 01-C-LB34V
$ 5,000
$ 10,000
$ 50,000
$ 20,000
$250,000
Also enclosed are copies of the executed contracts for your files
Please also be aware that as the recipiel1t 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.
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.
Q;'/t,~
Jim Higdon
Commissioner
JH/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
"
, "ltI bttfcr to suxal in thl! Gym, th4n to b'~(d in rht strUt1. "
AUGUSTA BOXING CLUB
Augusta/Richmond County Police Acll1ecic League
1929 Walton Way · Augwta. Geofgia 30904
(706) 733-7533/Gym/Office · (706) 733-1106/Fax · Pager 240-4555 . E-mail: .1bdubl@home.com · www.:lugusuboxing.org
DDU:CTOR 8e
ImAJ) COACH
TQ1JI Mo_tes
OIJEP ASSUTANT
Elbert MIddox
ASSlSTAl'IT TRAlN'I:RS
o..Yid Pub
Millmt Alletl
10M ~
LaShtl<ltlo 10Jms0n
MMew.oDiIz
D.rvid R1Jocy
SCH01.ARSBJP COMMIT1'U;
kJo Rogers
C1inl Bryanl
DATE:
May 6, 2002
MAJOR COlU'ORAn:
SPONSORS
PCS Nitr&glel!
Coman
Mally's Bagels & Gnts
SpQI'fs Medicine Anociates ot Augusta
Mark MaddOJ: Car SaIlS
PolJoc:k COllJpIlO}'
Tbe RaUb GtfJIlp
TO:
Lena Bonner
Clerk of Commission
Augusta. Richmond County___
TomMoraetes ~o--- M ~
Augusta Boxing Club Director
0"/
FROM:
TEAM mmCIANS
Bob }tsmhrell, M.D.
Jewell Ouncan, M,D.
1-., WaJ~ M.D.
lohn Molinaro. M.D.
~ Ncd11111all. M.D.
GYM MA.lN'l"ENANCE
J~k Norris
SlIII JOIll:$
REFERENCE:
1997 Grant
Please be advised that I would like to request the monies that were not used.
from the 1997 Grant from the City of Augusta to be used for equipment
purchases for the youth of the Augusta Boxing Club.
Thank you in advance for your cooperation.
AUGUSTA RECRtATlON
MID PARKS
Tom B<<Jc. Director
Robert Hnward, Am. Dino.ctQC"
alJOk Saller. Mulaget
L~ Hand, Adm. ~Wl[
TEAM DErmST
~OD Ounl, D.M.D.
ATTORNEY'S
MiclIael Carlsoal
l\tEDlCAL
Sporlll MediciD~ Asscdlks
0( AUglUta
Sl'UUTUAL AVVlSOR
Rev. SWl Holsonlw:lc
....,.~
/'\
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
May 13, 2002
Mr. Tom Moraetes
Augusta Boxing Club
1929 Walton Way
Augusta, Georgia 30904
Dear Tom:
Enclosed is a check in the amount of $2,500 representing final payment of your FY97 State of
Georgia appropriations through the Georgia Department of Community Affairs Local Assistance
Grant Program.
If I can be of further assistance, please feel free to call.
er,
Clerk of Commission
Enclosure:
Authorized pick up
~$/J~t
f
g-- - /'3 .0.2-
Date
. I
. G'GUSTA-RICHMOND COUNTY COMMISSION
076764
~; , ",.,.!'%i.',ih'F,Fi, ",'DESCRIPTION'. . . i",;,:,.'.',.,,',.;.....
CAL ASSISTANCE GRANT
....".". ."i'P.O:'. N MB ER '::':'.,'INVOICE'.NUMBER""'."'iiINVOICE:AMOUNT';..'i""
97CL126 2,500.00
0.00
..".';:,',:,NEPAMOUNIiiWVii:
2,500.00
CHECK DATE
TOTAL INVOICES
DISC TOTAL
CHECK TOTAL
05/10/02
2,500.00 0.00
2,500.00
III 0 7 b 7 b L. III I: 0 b ~ 0 0 0 2 2 7 I: 2 0 aDO 0 0 70 2 a 7 b III
05/06/2002 MON 13:47 FAX 913 888 2198
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RINGSIDE
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Dear Mr. Moraetes,
I would like to thank you for your recent boxing equipment quote request
(Order #520117)) which totals $2,500. Ringside is the sole source provider
of the equipment that you requested.
As you know, Ringside has been in business for over 20 years, and we are
committed to being "The Best in Boxing.n Please don't hesitate to contact'
us with any questions or concerns. .
~nCerelY'
Dan'in Clauder
Sales Coordinator
. Ringside 877 4BOXING
05/06/2002 MON, 13:47 FAX 913 888 2198
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Georgia Amateur Boxing Assn J
Augusta Boxing Club .
1929 Walton Way
Augusta, GA 30904
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IMPORTANT RETU'}.':'8/NFORIlfATlON ON REVERSE SIDE OF THIS FOFlM
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Georgia Amateur Boxing Assn.l
Augusta Boxing Club
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Tom Moraetes
Georgia Amateur Boxing Assn.! .
Augusta Boxing Club '
1929 Walton Way
Augusta. GA 30904
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05/06/2o,O~ ~O~ 13:49 FAX 913 888 2198
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Augusta Boxing Club
1929 Walton Way
Augusta, GA 30904
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e-mail: augustabox@aol.com
AUGUSTA
BOXING CLUB
Augusta/Richmond County
Police Atll1etic Leagu,e
The Richmond County Recreation Department, with assistance from area law
enforcement agencies, implemented the Augusta Boxing Association/Augusta Police
Athletic League in an eff0l1 to curtail drug abuse and crime among young adults and
children. This program uses sports, specifically boxing, as a tool to attract
. young people who have been identified as beiilg at risk for potential substance
abuse. Participants are given the opportunity,to build self confidence, develop
self discipline, learn to function as a team, develop good sportsmanship and
experience the rewards of ,"ways striving to do 111,_ i,' best. In its 20 plus \"1: !
history, several hundred children and young adults have benelited from their
participation in the Augusta Boxing Association. The program is preventive in
c..' lIature as upposed to rehabilitative, with its participants coming from the entire
. CSRA. The majority ()f these children have Iwd I/f) prior contact with the court
system.
With nothing to do with their idle time but. roam the streets, these young
people are prime targets for drug dealers. Because boxing holds such a strong
altraction to them, we are able to take them off the streets and get them into
our gym. Once we have their allention, we are able. to go beyond the athletic aspecis of the program and provide tutoring
and drug counseling, take (hem on field trips and require altendance at a variety of educationLlI programs. Through the boxing
toumaments, many of our participants Iwve had the opportunity to travel extensively in the Unitcd Stalcs and abroad. Several
members of our team have qualified to rcprescntthe United States Olympic Boxing Association and have competed in locations
such as Russia, Gennany, Sweden, Poland and Eng!and. Vernon Forest, onc of our participants, represented '.he U.S.A. in the
1992 Olympics in Barcelona, Spain. Jacob' Hudson, 1998 U.S.A. Champion, recently won the Silver Medal in the J 998 Goodwill
Games. Another one of our boxers, Denise Moraetes, won the National Amateur Championships in 1997 and 1998 and is now
reanked in the top lOin the world as a pro.
Another benefit of our program has been the uniting of children from different housing areas. Since most juvenile crime
gangs are geographically oriented, our program has focused on mixing children from different neighborhoods, encouraging
leam cooperalion. This diminishes the likclihood of a child being labeled as "the enemy" because he may be from a different
housing area. Unlike most school activities, our program operates year round. We average between 70-100 pm1icipants at all
times. During our peak periods (the school year), we can work with 200 children. The majority of these young men and
women or children arc bclween the ages ofA~ 15. The key to ALL of the r'rograms is prevention.
Augusta/Richmond County
Police Athletic League
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"It's better to sweat in the c.ym, than to bleed in the streets."
AUGUSTA BOXING CLUB
Augusta/Richmond County Police Athletic League
1929 Walton Way · Augusta, Georgia 30904
(706) 733-7533/Gym/Office . (706) 733-1106/Fax . Pager 240-4555 . E-mail: abclubl@home.com . www.augustaboxing.org
DIRECTOR &
HEAD COACH
Tom Moraeles
CHIEF ASSISTANT
Elbert Maddox
ASSISTANT TRAINERS
David .Parks
Millon Allen
John Jenkins
LaSheldric Johnson
David Rainey
SCHOLARSHIP COMi\IrtTEE:
Joe Rogers
Clint Bryant
TEAM PHYSICIANS
Bob Gambrell. M,O,
Jewell Duncan. M,O.
James Wallace, M,O,
John Molinaro, M.O,
Steve Brooks. M,O,
GYM MAINTENANCE
Jack Norris
SIan Jones
AUGUSTA RECREATION
AND PARKS
Tom Beck. Director
Robert Howard, Asst Director
Buck Saller, Manager
Lynda Hand, Adm. Asstistanl
TEA,\1 DENTIST
Marion Durst, O,M.O.
A"nORNEY
Michael Carlson
MEDICAL
Sports Medicine Associates
of Augusta
SPIRITUAL ADVISOR
Rev, Stan Holsonback
MAJOR CORPORATE
SPONSORS
PCS Nitrogen
Comcast
l\'la\ly's Bagels & Grits
Sports Medicine Associates of Augusta
Mark Maddox Car Sales
Pollock Company
BEGINNERS YOUTH CLASS
(BOYS & GIRLS)
The Augusta Boxing Club Begimlers Youth class IS offered every Monday
and Wednesday from 4: 00 P.lY!. to 5: 00 P.lY!. Ages are from
5 _ 14. There are no charges for this or .any youth class offered by the
club. Please come by the gym at 1929 Walton Way between 2:00 - 8:00
P.M., Monday through Friday for application.
This class involves cardiovascular activities, strength building, movement
education, psychological motivation and other aspects of physical training.
There is no actualboxiIH! in this class. The class serves as a preparation
and feed.er system for the Intermediate Class which does involve actual
boxing. Length of time in this class depends on each childs level of physical
and mental abilities.. Normally between 2 - 4 months before placement
in the Intermediate clasS.
Thank you,
Tom Moraetes
Elbert Maddox
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The Augusra Boxing l'[(]grJm meers for begin/jers every Monday and Wednesday from 4:00 p.m. umil 5:00 p.m, Training is held at the Augusra
Boxing Club, 1929 Walron WJY (across from Richmond Academy), All panicipanrs in rhe program musr agree to abide by all rhe rules and regulations ser
down by 'lilll1 Moral:res and aurhorized sraff. When dropping off kids. parems musr check wirh Staff as co time rhe class ends before leaving.
Telephone Number: Gym - (706) 733-7533 Fax: (706) 733-1106
Gym: Augusra Boxing Club, 1929 Walton Way, Augusta, Georgia 30904 (Across from rhe Richmond Academy High School)
Enrry Age Requiremenls: 4-14.
EACH PARTICIPANT IS REQUIRED TO FURNISH THE FOLLOWING ITEMS BEFORE HE IS ALLOWED TO PARTICIPATE:
I) ORIGINAL OR CERTIFIED COPY OF BIRTH CERTIFICATE: (COpy ONLY)
2) COMPLETED MEDICAL FORM: (IF REQUESTED BY DIRECTOR)
3) TWO (2) HEADSHOT PICTURES OF HIMSELF
4) COMPLETED BOXING APPLICATION.
ALL THESE ITEMS WILL NOT BE RETURNED TO PARTICIPANT
AUGUS7Jt BOXING ASSOCIATION/
Due to the out-pouring of individual and corporate
sponsors, NO Charges ever for any youth.
-------------------------------------------
AUGUSTA/RICHMOND COUNTY POliCE ATHLETIC LEAGUE APPliCATION
Full Name
Address
Home Phone Number
E-mail
Fax #
Date of Binh
Heighr
Weighr
Social Security #
Eye Color
Hair Color
School and erade
tvkdiG11 l'roh/ems
Morher's Full Name (including maiden name)
Eml'loymelH
bllht'r's full Name
If child IS on medicarion-sl.'le type
Work Number
bl1l'loYllll'l\l
Name and Address of Insurance Company (if you have onel
I'hone numher [(l call upon emergency
Work Number
RELEASE
rnr rhe considerarioll of Ill)' partlClI'Jlinn and/or my under,~igned child's panicipalion in aCllVltlCS of lhe Augusta Boxing Association, lhe Augustal
Richmond CoulllY Police Alhlelic League. lhe Angusla Boxing Club and. if any. lheir respeclive affilialed organizalions and respeclive successor organizations
(all collecrively hereinafrer, including all members uf rheir respective staffs. call "ABAU)---the receipt and sufficiency of said considerations being hereby
Jcknowledge---I. lhe u.ndersigned, hereby.release (]) rhe ABA, (2) rhe AuguslalRichmond County Cummission/Recreation and its successor emities, (3) Dr.
Jamcs O'Quinn and any emiry. individual or olherwise. Wilh whom and which he is professionally associaled. (4) rhuse persuns volullleering help 10 the
ABA, and (S) any sponsors Jiding rhe ABA. be they individual or otherwise. from any liability whatsover 10 me or my child and through me or my child
conceminl( ABA ac[iviries regarding (I) Jny comesr or [()urnamem. local or Ulherwise. (2) rraining. including. hill not limited 10, rransponation, food, and
acrivilY parricipalion. and (3) local day-ro-day lransponalion and any food received during such rranspormion. (4) Sparring during training.
I specifically undersrand rhar [his release is dynamic---rha[ is. rhose referenced above as sratf, volunteers. sponsors. etc,. may change during the period
of my and/or my child's association wirh rhe ABA, Protected entiries, as referenced above and regarding their respective periods of association with the
A IlA. shall remain covered under [his release after [heir associarion with rhe ABA ends.
Additionally. I herehy alllhnrize '!()llI Moraclcs [() give permissiun fO any physician or medical facility 10 rrear my child (iLl am a participant's parent
or E:"ardi;ill) or Illl' (if I alll a non-Illinor parricipal1l re;"ona!>ly deemed at rhe rime incapable or incompetent of giving such permission) for injury or
illness. S/lOu/d '/illll Mor;ll:les he unable [0 rimely give >lIch permission---due. lU ab" :,~e, injury, illness, or orher . ,luses-nl aurhorize his desi!:'.".'.led
represemalive (() l(ive such permission. .
I cerrity I have [he legal aurhorilY [() sign lhis release and so obligale lhose melllioned.
Child's Signalure Dale
Signarure of
Parcm or Cuardian Date
CONTRACT
I, hereby agree co abide by rhe following condirions of rhe Augusra Boxing Club.
Failurc co do so could resulr III suspension or expulsion from our club. I also agree co abide by rhe lisr of "Gym" rules given co me ar
reglsrrarlOn.
(A) No drinking alcoholic beverages
(B) No smoking
(C) No use oLany drugs
(0) Regular 3ccendancc al school and gym or cmploymcnc
(E) No discipline problcms ar school, home or gym
(F) Acceprable passing greades in all subjecrs.
School
Grade
Child's Signature
The program is a 50 I (e) (3) rax exempt program rhrough the Georgia Boxing Associarion. Ine" Adama. GA
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All Parents must check with staff inside club before leaving, when dropping off children as to
appropriate pick up time. Boxing sessions endinv times mav vary.
GYM RULES FOR ALL PARTICIPANTS
1. NO FOOD OR DRINK ALLOWED IN GYM (EXCEPT POWERADE FROM LOBBY).
2. NO SMOKING.
3. NO HATS OR OTHER HEAD WEAR DURING WORKOUTS.
4. NO EARRINGS OR OTHER JEWELRY WORN DURING WORKOUTS.
5. PRACTICE TIME MEANS TIME FOR PUNCHES TO BE THROWN. ALLOW YOURSELF TIME FOR
DRESSING, BATHROOM, ETC.
6. NO CURSING OR ABUSIVE LANGUAGE.
7. NO ACKNOWLEDGMENTS OR MESSAGES ON CLOTHING DURING WORKOUTS. INCLUDES
COMMERCIAL, POLITICAL, RELIGIOUS, OR OTHER MESSAGES.
8. NO HORSEPLAY OR OTHER INAPPROPRIATE PHYSICAL CONTACT BETWEEN PARTICIPANTS.
9. NO VISITORS ALLOWED ANYWHERE EXCEPT BALCONY.
10. DRESSING ROOM IS FOR DRESSING OR UNDRESSING, NOT CONFERENCES BY PARTICIPANTS.
11. NO PERSONS ALLOWED IN DRESSING ROOM EXCEPT BOXERS.
12. DRESSING ROOM IS TO BE KEPT STRAIGHT AND CLEAN BY ALL ATHLETES. ALL HAND WRAPS
MUST. BE PLACED IN PROPER PLACE AND CLOTHES PUT IN LOCKERS.
13. ALL PARTICIPANTS MUST WEAR "GYM" CLOTHES SUCH AS SHORTS, T-SHIRTS, TENNIS SHOES.
NO JEANS OR OTHER LONG PANTS ALLOWED. YOU MUST USE LOCKER ROOM TO CHANGE.
WOMEN/GIRLS MUST WEAR LOOSE FITTING SHORTS OVER LYCRA SHORTS WITH LOOSE
FITTING SHIRTS AND TENNIS SHOES.
14. NO WALKMANS USED DURING PRACTICE.
15. NO CHEWING OF GUM DURING WORKOUT.
16. NO SITTING DOWN DURING PRACTICE AT ANY TIME.
17. BOXERS MUST RETURN ALL EQUIPMENT AND UNIFORMS ISSUED UPON REQUEST OF CLUB
DIRECTOR AND OR IT'S COACHES ON DEMAND. ALL EQUIPMENT AND UNIFORMS ARE THE
SOLE PROPERTY OF THE AUGUSTA BOXING CLUB.
18. ANY BOXER MISSING PRACTICE DAYS REGARDLESS OF REASON AT THE DISCRESSION OF
DIRECTOR CAN BE SUSPENDEDIEXPELLED PERMANENTLY OR GIVEN EXTRA WORK-OUTS FROM
CLUB.
19. ANY PARTICIPANT LEAVING EQUIPMENT OF UNIFORMS ON GM OR LOCKER ROOM FLOOR WILL
BE FINED $5.00 TO GET THEM BACK.
20. . IT IS THE RESPONSIBILITY OF THE BOXERS AND COACHES TO HELP KEEP OUR CLUB CLEAN
AND IN ORDER.
21. UNDER NO CIRCUMSTANCES SHOULD A BOXER BE DROPPED OFF WITHOUT A PARENT
CHECKING IN WITH STAFF BEFORE LEAVING AS TO THE APPROPRIATE TIME FOR PICKING UP
CHILD.
BY READING AND ACCEPTING A COPY OF THESE RULES I AGREE TO ABIDE BY THEM AND TO
MAKE SURE MY CHILD UNDERSTANDS THEM.
Boxer
Date
Parent/Guardian
Date
**ALL BOXERS MUST READ AND SIGN THIS PRIOR TO USE OF GYM AND AGREE WITH ALL RULES.**
"-.
"
"It's better to sweat in the Gym, than to bleed in the streets. "
AUGUSTA BOXING CLUB
Augusta/Richmond County Police Athletic League
1929 Walton Way · Augusta, Georgia 30904
(706) 733-7533/Gym/Office · (706) 733-1106/Fax · Pager 240-4555 · E-mail: abclubl@home.com
www.augustaboxing.org
D1RECfOR & ,
HEAD COACH
Tom Moraetes
RICHMOND COUNTY
SHERIFF
Ronnie Strength
CHIEF ASSISTANT
Elbert Maddox
ASSISTANT TRAINERS
David Parks
Milton Allen
Albert Jones
Kevin Harvison
Denise Moraetes
M.Diaz
David Rainey
FEMALE COACH
Denise Moraetes
SCHOLARSHIP COMMITTEE:
Denise Moraetes
Joe Rogers
Clint Bryant
ACAD.EMIC ADVISOR
Denise Moraetes
TEAM PHYSICIANS
Bob Gambrell, M.D,
Jewell Duncan, M,D.
James Wallace. M.D,
John Molinaro, M,D.
Carl Nechtman, M.D.
GYM MAINTENANCE
Jack Norris
Stan Jones
AUGUSTA RECREATION
AND PARKS
. Tom Beck, Director
Robert Howard, Ass!. Director
Buck Salter, Manager
Lynda Hand, Adm.. Asstistant
TEAM DENTIST
Marion Durst, D,M.D.
ATTORNEY'S
Michael Carlson
TEAM HOSPITAL
M,C.G. Hospital
M,C.G. Sports. Medicine Clinic
SPIRITUAL ADVISOR
Rev, Stan Holsonback
MAJOR CORPORATE
SPONSORS
PCS Nitrogen
Comcast
Mally's Bagels & Grits
Murray Biscuit Company
MCG Sports Medicine
Mark Maddox Car Sales
Pollock Company
The Hollis Group
Augusta Boxing Club
Scholarship
Opportunities
,
_J
.~~
fJ
'1t's bm~~to sw~at,in th~ Gym, than to blud in th~ struts."
AUGUSTA BOXlNG<.CLUB
Augusta/Rich~ond County~olice 'Athletic League
1929 Wahori Way · Augusta,' :Georgia 30904 '
(70G) 733-7533/Gym/Office . (706) 733-1106/Fax. Page~ 240-4555 . E-mail: abclubl@home.com · www.augu~taboxing.org
DIRECTOR &.
HEAD COACH
Tom Moraetes
RICHMOND COUNTY
SHERIFF .
Ronnie Strength
C/IIEf7 ASSISTANT
Elbert Maddox
ASSISTANT TRAINERS
David Parks
Milton Allen
Albert Jones
Kevin Harvison
Denise Moraetes
M.Diaz
David Rainey
FEMALE COACH
Denise Moraeles
SCHOLARSIIIP COMMITTEE:
Denise Moraetes
Joe Rogers
Clint Dryant
ACADEi'HC ADVISOR
Denise Moraetes
TEAM PHYSICIANS
Dob Gambrell, M.D.
Jewell Duncall, M.D.
James Wallace, M.D.
John Molinaro. M,O.
Carl Nechlmall. M,O.
GYM MAINTENANCE
Jack Norris
Sinn Jones
AUGUSTA RECREATION
AND rARKS
Tom Deck, Director
Robert J (oward, AssL Director
Buck Salter. Man~ger
Lynda Hand, Adm. Asstistanl
TEAM DENTIST
Marion Dursl, D.M.O.
ATTORNEY'S
Michael Carlson
TEAM HOSPITAL
M.C.G. Hospital
M.C.O. Sports Medicine Clinic
SPIRITUAL ADVISOR
Rev. Stan Holsonback
MAJOR CORPORATE
SPONSORS'
PCS NUrogen
Comcast ,
Mally's Bagels & GritS,
Murray Biscuit Company .
MCG Sports Medicine
Mark Maddox Car Sales
Pollock Company
The Hollis Group
SCHOLARSHIP PROGRAM
The Augusta Boxing Club awards six financial scholarships each year to deserving members'
of the club. A scholarship committee reviews the applications with selection priority being
educational background, and community character qualities.
Financial status of boxers, parents are NOT considered in the selection process. Awards
are presented to the financial institutions the boxers are enrolled in. Either college, tech
school or adult education program are institutions considered for funding.
(1) 'Betty Friedman' Memorial Scholarship
(2)
'Gallagher Family' Schol~rship
(3)
'pes Nitrogen' Scholarship
(4)
'The Dr. James O'Quinn' Scholarship
(5)
'Dr. Joseph M. Still' Scholarship
(6)
'Comcast'Scholarship
~li~MIM
'~I . . -
'-,
.~
........
. . \ :: .'~":
.:: , .
"Iti btll~r to SW~llt ;" ,th~ Gym, than. to ~lud ;h th~ strut!. "
.AUGUSTA BOXING,: ,CLUB f..
(706) 733-7533/Gym/Office .
IIIRF.ClOR &
IIr.AII COACII
'To,n M,,,,"e,
11IC/lMONIJ COUNrv
S/lF.RIFI'
(1,alle, Web~ler ..
ClIlf.F ASSISTANT
EI~'I Maddo,
ASSISTANT lMINERS
lJ:wid ra,k,
Millon Men
JefT Key
Eme~1 RichAldson
Ronnie nlimy
Fred lIAIl, Sr.
\)coise Mor.e'es
Fr."'A!.E COACII
lJen;se MorAe Ie,
SCIlOLARSlllr COMMITTEE:
lJelli~e Moracle,
Joo: R"~e"
Clilll Oryanl
ACADF.MIC ADVISOR
!.>en;,e Moraere,
1'F.MI rllYSlClANS
nob GDmbrel. M,D.
Jewell DuncAn. M.D.
laroe, Wallace, M,D.
Juhn Molinaro, M,/}.
CArl Nechlmall. M,D.
(;YM M~NA(jF.RS
Jnck NOlli,
Sinn Jones
AII(;\l5TA IlECRF.AnON
ANI) l'AIlKS
Tom lIeek, Oireeror
Robert flowArd. A~~l. Direelor
Dnek S.ller, Mannger
TF.A", DENTIST
Marion Dur~I, D.M.D.
ATtURNEY'S
Mich.e' Clllson
Willinm Sussma',-
TEA", lIosrlTAL
M,C,U. "osp;'al
M.CU. Sports Medicine Clinic
AUG.USTABOXING CLUB
. MAJOR CORPORATE ~:
SrONSORS ;:;,;
::.1-
^"ttI Mobile \~.,
Morb " MOrJI'" Jrwtltn ~',:,
JOtlet IlItemllle ','.: .
',",detlt B.khta : '!
^"". L"
pes Nltn<<t11 :
PRESENTS .
"pes ,NITROGEN" Scholarship
. .
"PC'S Nitrogen ~elie"v~s 'hat. the mental and jJhysical discipline provided by ,he'
AlIgllsia lJoxing Clllb .experience i,t; a key l!(e skill. 111e scholarship fimd can further /"
ensure the success 0/ club members as. they endeavor. to compete in life...just ay
'hey compete in spoi't. " .
Applications accepted January. through April each year, Scholarship awarded In June.
TODAY'S DATE
NAME
ADDRESS
CITY
TELEPHONE NUMBER
NAME OF PARENTS/GUARDIAN
NAME OF SCHOOL (COLLEGErrEcltNtCAL)
ENTRY DATE
YEARS WITH AUGUSTA BOXING CLU13 (MINIMUM J YEAnS)
..
ZI" CODE
STATE
A....LICATION pnOCESS:
I) Pick up ami fill out application form.
2) Allnch copy of nil pages of 130XING "ASS130UK
3) Allach information on college/school for which you h:lVe npplicd.
4) One page essay: "What I Want To Do With My Life When I Grow Up,"
5) Leller of reference from Tom Moraetes.
6) Copy of last school y.ears transcript.
7) Olle page resume of all school Rntl cOl11l1lun~ty activities.
.i
ij(~;
;",,"./!.
li-,'..
. ; .~ '. .
:,;"
MAIL' APPLICATION TO: Denise Moraetes, Scholarship Committee
Augusta I30xing Club · 1929 Wallqn Way · Augusta, GA 30904
SCHOLARSHIP COMMITTEE:
Joe Rogers, Choir · Clint Bryant · Denise Moraetes
"
;:.," .
.'H,
. ~", I
, u
. ADDITIONAL INFORMATION:
Call the Augusta I30xing Club at (706) 733-7533
J
~,. . ;
...... , "..,
. , .
. .
. Of,s b"u; ,. ',=4t in ,h, Gym. ,han ,. hJud in tht "",,,."
,.,." ., -....AUGUSTA'BOXING . CLUB',
.:, ...,~':. - .':j~llgt.ista/Richmond C~unt}r.,P()liceAthletit: Leag~e
- .', .... . ... ,. 1929 Walton \"qay · Augusta,~ Georgia 30904. "
(706) 733.-7533/Gym/Office' · . (706) 733-1106/Fax · E-mail:.augustabox@aol.co!TI · www.augustaboxil1g.o~g
OllU:CTOR '"
IIE..\D CO,\CII
TOIII Moraeles
RICIII\IONIJ COlINT\'
SIIf:RIFF
Charles' Websler
CIIIEF I\SSISTANT
Elb~rt Maddox
ASSISTANT TRAINERS
David Parks
Millon Allen
I.arry Wilkerson
fred IInll. Sr,
Dellise Moraeles
SIeve p, ice
David Rniney
Ff.I\I,\ I.f: <:OACII
Denise Moroeles
SCIIOI.ARSIIIP <:OMMITrEf::
Denise Moroeles
Joe Rogers
Clilll OryolIl
,\CAI>F:I\IIC i\l)VISOR
Dcnise Momeles
TEAM rIlYS\<.:IANS
Bob Gambrell, M,O,
Jewell Dllllcnn, M.D.
James Wallace. M.D.
Johll Molilloro. M.O,
Carl Nechlmall. M,O,
GYM I\IANAGERS
Jack Norris
Slall JOlles
AlIGlIST1\ RECREATION
AND PARKS
. Torn Deck, Direclor
Robert floward. Assl, DireClor
Blick Saller, Manager
TEAI\I DENTISr
Mo,ioll Dllrsl. O,M.O.
An'ORNEY'S
Michael Carlson
Sam Nicholson
TEAI\I II0SPITAL
M,C.G, IIosp;lal
M,C,G, SpoilS Medicille Clinic
SPIRITl',\L ADVISOR
Rev, Sian Holsollback
WED I\J,\STER
RO~r1o Vasqllez
MAJOR CORPORATE
SPONSORS.
. Marks & ~Iorgan Jewelers .
PCS Nitrogen
Comcast
Mally's Bagels & Grits..
Murray Biscuit Company:
MCG Sports Medicine.
Mark Maddox Car Sales
, . Pollock Company .
AUGUSTA BOXING CLUB Davis Broadcasting
PRESENTS
"James L. O'Quinn, M.D." Scholarship
"Dr. 0 'Quinn believes honesty and hard work are the keys to financial success and
love is the key to happiness. "
Applications accepted January through April each year. Scholarship awarded in June.
.
. TODAY'S DATE
NAME
ADDRESS
CITY
TELEPHONE NUMBER
NAME OF PARENTS/GUARDIAN
NAME OF SCHOOL (COLLEGE/fECHNICAL)
ENTRY DATE
YEARS WITH AUGUSTA BOXING CLUB (MINIMUM 3 YEARS)
APPLICATION PROCESS:
I) Pick up and fill out application form.
2) Attach copy of all pages of BOXING PASSBOOK
3) Attach information on college/school for which you have applied.
4) One page essay: "What I Want To Do With My Life When I Finish My Education."
5) Letter of reference from Tom Moraetes.
6) Copy of last school years. transcript.
7) One page resume of all school and community activities.
STATE
ZIP CODE
MAIL APPLICATION TO: Joe Rogers, Scholarship Committee
Augusta Boxing Club · 1929 Walton Way · Augusta, of\. 30904
SCHOLARSHIP COMMITIEE:
Joe Rogers, Chair · Clint Bryant · Denise Moraetes
ADDITIONAL INFORMATION:
Call the Augusta Boxing Club at (706).733-7533
~i~
,.
. ,
. "It} h"",. to, 'w<~t in th, Gym., thon ,to hl",1 in th, ""'". "
.0.,.. AUGUSTA BOXING CLUB
~~., . Augusta/RiChmond County Police Athletic, League.
. . . .' . . 1929 'Walton Way · Augus(a~ Georgia 30904 "..' :..: .
(706) 733-7533/Gym/Office · (706) 733-1 i06/Fax · E-mail: augustabox@aol.com · w,ww.augus'taboxing.org
. . DlREcrOR &
IIE,\D CO,\CII
Tom Moraeles
RICI/MOND CO liNn'
SI/ERIFF
Charles Websler
. (III E F ASSISTANT
Elllert Maddox
ASSIST,\NT TRMNf.RS
David Parks
Millon Allen.
Larry WilkersOli
Fred Ilall, Sr.
Denise Moraeles
Sieve Priee
David Ruiney
Ff.MM,f. COACI/
Denise Moraeles
SCIIOlARSlllr COMMITrEE:
Denise Moraeles
Joe Rogers
C1inl Dryant
AC,\I>EI\IIC A1JYISOR
Denise Moraeles
TtAM rllrSIClANS
Bob Gambrell. MD,
Jewell Duncan. M,O.
James Wallace. M,O,
John Molinaro, M,O,
Carl Neehlman. M.D.
G\'I\! MANAGERS
Jack Nonis
Sian Jones
A1IGlISTA IIECRf.AnON
,\ND PARKS
TOIII Deek. Direelor
Robert lIoward, Assl, Direclor
Dnck Saller. Manager
TEAI\I DENTIST
Marion Oursl, D,M,D,
A1TORNE\:'S
Michael Carbon
I Sam Nicholson
TEAI\I 1I0SPITAL
M,C,G, 1I0~pilnl
M.C.G, Sports Medicine Clinic
srlRITlIAl ADVISOR
Rev, Sian Ilolsonback
WED I\IASn:R
Roberto Vasquez
.,
MAJOR CORPORATE..
'-.. SPONSORS
MarkJ & Morgan Jewelers
PCS Nltro'gen
Comcast "
. Mally's Bagels & Grits
Murray' Biscuit Company
MCG Sports Medicine
Mark Maddol Car Sal"
Pollock Company
Davis Broadcasting
AUGUSTA BOXING CLUB
PRESENTS
"Dr. Joseph M. Still" Scholarship
"Set high goals and never give up. "
, .
Applications accepted January through April each year. Scholarship awarded in June.
TODA Y'S DATE
NAME
ADDRESS
CIIT
TELEPHONE NUMBER
NAME OF PARENTS/GUARDIAN
NAME OF SCHOOL (COLLEGE/TECHNICAL)
ENTRY DATE
YEARS WITH AUGUSTA BOXING CLUB (MINIMUM 3 YEARS)
APPLICATION PROCESS:
I) Pick up and fill out application fonn.
2) Attach copy of all pages of BOXING PASSBOOK
3) Attach infonnation on college/school for which you have applied.
4) One page essay: "What I Want To Do With My Life When I Finish My Education."
5} Letter of reference from Tom Moraetes.
6) Copy of last school years transcript.
7) One page resume of all school and community activities.
STATE
ZIP CODE
MAIL APPLICATION TO: Joe Rogers, Scholarship Committee
Augusta Boxing Club · 1929 Walton Way · Augusta, GA 30904
SCHOLARSHIP COMMITTEE:
. Joe Rogers, Chair · Clint Bryant · Denise Moraetes
ADDITIONAL INFORMATION:
Call the Augusta Boxing Club at (706) 733-7533
.",
.
. .
. .
"It's bm~r;o ;w~at in tht. .Gym, tha,~Jo b/(;d in th~ struts. ':, "
.1,';.,
,:T ..:.
~<
DIRECTOR &
IIEAD CO,\CII
Tom Morneles
RICIIMOND COlINn'
SHERIFF
Charles Webster
CIIIEF ASSISTANT
Elbert Maddo~
ASSISTANT TRAINERS
David Parks
Millon Allen
Larry Wilkerson
Fred lIall. Sr,
Denise Moraeles
Steve !'rice
David Rainey
FEI\IALE CO,\CII
Denise Mornetes
SCIIOLARSlllr COI\IMITI'EE:
Denise Moraeles
Joe Rogers
Clinl Oryanl
ACADEMIC AOVISOR
Denise Momclcs
TEAI\I rm'SICIANS
nub Galllhrell. M,O,
Jewell Duncan. M.D,
James Wallace. M,D.
John Molinaro, M,D,
Carl Nechlman. M,D.
enl I\IANAGERS
Jack Norris
Sian Jones
,\tIGlIST,\ IlECREATION
ANI) rA Rh:S
TOIII Beck, Direclor
Robert 1 Iowa rd. Assl. Direclor
Buck Saller. Manager
TEAI\I DENTIST
Marion Dursl. D,M,D,
ATTORNEY'S
Michael Carlson
Som Nicholson
TE,\/',llIosrITAL
M,C.G, 1I0spilal
M,C,G, Sports Medicine Clinic
srIRITlI,\I..,\I)\'ISOR
Rev, Slal1 1I0lsonback
WED I\I,\STER
Roberto Vnsquez
MAJOR CORPORATE
SPONSORS'
,. MarkJ & Morgan Jewelers
, PCS Nitrogen .
.. Com cast
. Mally's Bagels & Grits
Murray Biscuit Company'
MCG Sports Medicine
Mark Maddox Car Sales.
UG I A OX NG CLUB Pollock Company.
A US T.tl. B, I Davis Broadcasting
PRESENTS.
"Betty Friedman Memorial" Scholarship
"Belly Friedmanfelt that education is the passport to a happy and rewarding future,
and the provider of a safe refuge as one travels through . life. . She believed tha/one
. is selflimited only by the level of one s education. "
Applications accepted January through April each year. Scholarship awarded in June.
TODAY'S DATE
NAME
ADDRESS
CllY
TELEPHONE NUMBER
NAME OF PARENTS/GUARDIAN
NAME OF SCHOOL (COLLEGE'lfECHNICAL)
ENTRY DATE
YEARS WITH AUGUSTA BOXING CLUB (MINIMUM 3 YEARS)
APPLICATION PROCESS:
I) . Pick up and fill out application fonn.
2) Attach copy of all pages of BOXING PASSBOOK
3) Attach infonnation on college/school for which you have applied.
4) One page essay: "What I Want To Do With My Life When I Grow Up."
5) Letter of reference from Tom Moraetes.
6) Copy of last school years transcript.
7) One page resume of all school and community activities.
MAIL APPLICATION TO: Denise Moraetes, Scholarship Committee
Augusta Boxing Club · 1929 Walton Way · Augusta, GA 30904
SCHOLARSHIP COMMITTEE:
Joe Rogers, Chair · Clint Bryant
STATE
ZIP CODE.
ADDITIONAL INFORMATION:
33
". -
.11.
. "It's bett~r to sw~at. in th~ Gym, than to bleed in th~ streets. "
':',' .
,.,:,AUGUSTA BOXING. CLUB
" ':: Augusta/Richmond .C9unty Police Athletic League.
'. " '1929 Walton Way · Augusta~ Georgia 30904 .' "
- '. ... .. .
. (706) 733-7533/Gym/Office . (706) 733-11OG/Fax · (E-mail: augustabox@aol.com · www.augustaboxing.org
DIREcrOR &
II E,\D COACII
Tom Moraetes
RICIIMOND COlINT\'
SIIERIFF
Ch.rles Websler
CIIIEF ASSISTANT
EIben Maddo~
,\SSIST,\NT TRAINERS
David Pmks
Millon Allen
Lany Wilkerson
Fred lIall, Sr.
Deni~e Moraeles
SIeve Price
David Rainey
FEl\IAI.E CO,\CII
Denise Morneles
SCHOLARSHIP COMI\HTrEE:
Deni~e Moraeles
Joe Ro~"'rs
Clinl Bryant
ACADEMIC ADVISOR
Denise Moraeles
TEAM PII\'SICIANS
Dob Gambrell, M,D,
Jewell Vllncan. M,O.
James Wolloce. M,O,
John Molinaro. M,[),
Carl Nec/llnmn, M.D.
GYM MANAGERS
Jack NOITi~
51311 Jllnc~
AlIGlISM RECREATION
AND PARKS
Tom Deck. Direclor
Rober1 lIowo,d, Assl. Director
Dnck Sal1er, Managcr
TEAM DENTIST
Marion Durst. D.M.D.
ATTORNEY'S
Michael Carlson
Sam Nicholson
TE,\/11 IIOSPIT,\L
M,C.G, "ospilal
M,C.G, Sports Medicine Clinic
SPIRITl'AL ADVISOR
Rev, S'on lIolsonback
WED IIIt\STf.R
Roberto Vasquez
MAJOR CORPORATE
SPONSORS
. Marks '" Morgan Jewelers
PCS Nitrogen
Comcast
Mally's Bagels & Grits
Murray Biscuit Company
MCG Sports Medicine
AUGUSTA BOXING CLUB Mark ~~~I~:~ ~~~::~e;
Davis Broadcasting
'I,'
PRESENTS
"Gallagher Fanlily" Scholarship
"John and Gretchen Gallagher, of Augusta, have been supporters of the youth of the
- Augusta Boxing Club for several years. Their interest in assisting our youth reflects the
mission of the club . . . The production of world class citizens as opposed to world
class athletes,"
Applications accepted January through April each year. Scholarship awarded in June.
TODAY'S DATE
NAME
ADDRESS
CITY
TELEPHONE NUMBER
STATE
ZIP CODE
NAME OF PARENTS/GUARDIAN
NAME OF SCHOOL (COLLEGElfECHNICAL)
ENTRY DATE
YEARS WITH AUGUSTA BOXING CLUB (MINIMUM 3 YEARS)
APPLICATION PROCESS:
I) Pick up and fill out application lOrln.
2) Attach copy of al/ pages of BOXING PASSBOOK
3). Attach infonnation, on college/school for which you have applied.
4) One page. essay: "What I Want To Do With My Life When I Grow Up."
5) Leiter of reference from Tom Moraetes.
6) Copy of last school years transcript.
7) One page resume of all school and community activities.
MAII.J APPLICATION TO: . Denise Moraetes, Scholarship Committee
AugUsta Boxing Club · 1929 Walton Way · Augusta, GA 30904
SCHOLARSHIP COMMITTEE:
Joe Rogers, Chair · Clint Bryant
ADDITIONAL INFORMATION:
Call the Augusta Boxing Club at (706) 733-7533
.
. ,
'(~)
.c'
"It's b~tur to sw~at in th~ Gym, than to, blud in th~ st~~ts, "
AUGUSTA. BOXING. CLUB
Augusta/Richmond County Police: Athletic Le~gue
, .. . 1929 Waleon Way · Augusta. Georgia. 30904. . , ' ,
, . .
733-7533/Gym/Office · (706).733-11 06/Fax . E-mail: auguscabox@aol.com . www.auguscaboxing.org
(706)
DIRECTOR &
HEAD COAC".
Tom Moraetes
RICIIMOND COUNTY
SHERIFF
Charles Webs,er
CIIIEF ASSISTANT
Elbert Maddox
ASSISTANT TRAINERS
David Parks
Millon AUen
!..any Wilkerson
Fred /lall, Sr.
Denise Moraeles
Sieve Price
David Rainey
FEMALE COACH
Denise Moraetes
MAJOR CORPORATE
SPONSORS
Marks & Morgan Jewelers
PCS Nitrogen
Com cast
Mally's Bagels & Grits
Murray Biscuit Company
MCG Sports Medicine
Mark Maddoll Car Sales
Pollock Company
AUGUSTA BOXING CLUB
PRESENTS
"Comcast" Scholarship
"Comcast endorses and supports the educational and academic priorities
emphasized by the Augusta Boxing Club. . . Building not just champion boxers,
but champion citizens. "
Applications accepted January through April each year. Scholarship awarded in June.
Joe Rogers
Clint Dryanl
SC/lOLARSIIIP COMMITTEE:
Denise Moraeles . TODAY'S DA1E
ACADEMIC ADVISOR
Denise Moraeles
TEAM rHYSICIANS.
Dab Gambrell, M.D.
Jewell Duncan, M.D.
James Wallace, M.D.
John Molinaro, M.D.
Carl Neehlman, M.D.
GYM MANAGERS
Jack Norris
S'8n Jones
AUGUSTA RECREATION
AND rARKS
Tom Deck, Di=lor
Robert Howard, Aut Direclor
Buck Saller, Manager
TEAM DEI'ITIST
Marion Dursl, D,M.D.
ATTORNEY'S
Michael Carlson
Sam Nicholson
TEAM HOSrlTAL
M.C,G. Hospital
M.C,G. Spotts Medicine Clinic
SPIRITUAL ADVISOR
Rev. SIan Holsonback
WEB MASTER
Robello Vasquez
NAME
ADDRESS
CIlY
1ELEPHONE NUMBER
NAME OF PARENTS/GUARDIAN
NAME OF SCHOOL (COLLEGFlIECHNICAL)
ENTRY DA1E
YEARS wrrn AUGUSTA BOXING CLUBJMJNIMUM 3 YEARS)
APPLICATION PROCESS:
I) Pick up and fill out application fonn.
2) Attach information on college/school for which you have applied.
3) One page essay: "What I Want To Do With My Life When I Finish My Education."
4) Copy of last school years transcript.
5) One page resume of all school and conununity activities.
MAIL APPLICATION TO: Denise Moraetes, Scholarship Committee
Augus~ Boxing Club: 1929 Walton Way. Augusta, GA 30904
SCHOLARSHIP COMMITfEE:
Joe Rogers, Chair · Clint Bryant · Denise Moraetes
SfA1E
ZIP CODE
ADDITIONAL INFORMATION:
Call the Augusta Boxing Club at (706) 733-7533
-t--
'.
'1t's better to sweat in the Gym, than to bleed in the streets. "
AUGUSTA BOXING CLUB,
Augusta/Richmond County Police Athletic League
1929 Walron Way · Augusta, Georgia 30904
(706) 733-7533/Gym/Office · (706) 733-1106/Fax · Pager 240-4555 · E-mail: abclubl@home.com
. www.augusraboxing.org
DIRECfOR &
HEAD COACH
Tom Moraetes
MAJOR CORPORATE
SPONSORS
PCS Nitrogen
Comcast
Mally's Bagels & Grits
Murray Biscuit Company
MCG Sports Medicine
Mark Maddox Car Sales
Pollock Company
The Hollis Group
RICHMOND COUNTY
SHERIFF
Ronnie Strength
CHIEF ASSISTANT
Elbert Maddox
ASSISTANT TRAINERS
David Parks
Milton Allen
Albert Jones
Kevin Harvison
Denise Moraetes
M. Diaz
David Rainey
FEMALE COACH
Denise Moraetes
SCHOLARSHIP COMMITIEE:
Denise Moraetes
Joe Rogers
Clint Bryant
Augusta Boxing Club
Scholarship
Opportunities
ACAD.EMIC ADVISOR
Denise Moraetes
TEAM PHYSICIANS
Bob Gambrell, M.D,
Jewell Duncan, M,D,
James Wallace, M,D,
John Molinaro, M,D,
Carl Nechtman, M,D.
GYM MAINTENANCE
Jack Norris
Stan Jones
AUGUSTA RECREATION
AND PARKS
Tom Beck, Director
Robert Howard, Ass!. Director
Buck Salter, Manager
Lynda Hand, Adm. .Asstistant
TEMI DENTIST
Marion Durst, D,M.D,
ATIOIU>lEY'S
Michael Carlson
TEAi\<! HOSPITAL
M,C.G. Hospital
M.C,G, Sports Medicine Clinic
SPIRITUAL ADVISOR
Rev, Stan Holsonback
aMlt.U.~
"
'1t's bttur to swtat in tht Gym, than to b/ud in tht strttts. " .
AUGUSTA. BOXING CLUB
Augusta/Richmond County Police Athletic League
1929 Waltpn Way. Augusta, Georgia 30904, .
(70G) 733-7533/Gym/Office (70G) 733-110G/Fax . Pager 240-4555 · E-mail: abclubl@home.com · www.augu~taboxing.org
DIRECTOR &
I/EAD COACII
Tom Moraeles
RICI/MOND COUNTY
SIlERIFP .
Ronnie Strenglh
CIIIEJl ASSISTANT
Elbert Maddox
ASSISTANT TRAINERS
David Parks
Millon Allen
Albert Jones
Kevin Harvison
Denise Moraeles
M.Diaz
David Rainey
FEMAI.E COACH
Denise Moraeles
SCIIOLARSIIIP COMMllTEE:
Denise Moraeles
Joe Rogers.
Clint Bryant
ACADEMIC ADVISOR
Denise Moraetes
TEAM PIIYSICIANS
Bob Gambrell. M,D.
Jewell Duncan. M,D.
James Wallace, M,D.
John Molinaro, M,D.
Carl Nechlman, M.D.
GYM MAINTENANCE
Jack Norris
SllIn Joncs
AUGUSTA RECREATION
AND PARKS
Tom Bcck. Direclor
Robert Howard, Assl. Director
Buck Saller, Manager
Lynda Hand, Adm. Asstislanl
TEAl\! DENTIST
Marion Durst, D,M.D.
AlTORNEY'S
Michael Carlson
TEAl\! HOSPITAL .
M.C.G. Hospital
M.C.G. Sporn Medicine Clinic
SPIRITUAL ADVISOR
Rev. Sian I/olsonback
MAJOR CORPORATE .
SPONSORS.
PCS Nitrogen
Comcast
Mally's Bagels & Grit.!,
Murray Biscuit Company .
MCG Sports Medicine .
Mark Maddox Car Sales
Pollock Company
The Hollis Group
SCHOLARSHIP PROGRAM
The Augusta Boxing Club awards six financial scholarships each year to deserving members -
of the club. A scholarship committee reviews the applications with selection priority being
educational background, and community character qualities.
Financial status of boxers, parents are NOT considered in the selection process. Awards
are presented to the financial institutions the boxers are enrolled in. Either college, tech
school or adult education program are institutions considered for funding.
(1) 'Betty Friedman' Memorial Scholarship
(2)
'Gallagher Family' Schol~rship
(3)
'pes Nitrogen' Scholarship
(4)
'The Dr. James O'Quinn' Scholarship
(5)
'Dr. Joseph M. Still' Schol,arship
(6)
'Comcast'Scholarship
.~li~
.........,
~
.
.i
71's bdl~r .10 sw~al i" .Ih~ Gym, Ihan to blmJ ih Ih~ strr~t,. "
'AUGUSTA BOXING: ,CLUB . ..
Augusta/Richmond .County, Police Athletic League'
.. . 1929 \yahon Way · Augusta.; Georgia 30904 .... ,...., .
(70G) 733-7533/Gym/Office . (706) 733-11 06/Fax . E-mail: lOIll@allgustaboxing.org.org · www.allgustaboxing.org
. ';:
"I:
IIlRF.ClOR &.
IIf.AII (;(MCII
.TOln Moooetes
R/CII/lIONIJ COUNTY
S/lF.R/FI'
C1,o.les Web~ler ..
CIllr.F ASSrSIi\NT
E1l>clt Maddo.
ASSISTANT lRAINEnS
1>8';<1 ra,ks
Miltnn Allen
JeIT Key
r.meM Richald,on
Rllltn;e nli"ey
Fred 11.11. Sr,
Ucnise MoraeleS
FF./IIM.E COACII
Ucnise Mo..des
SCIIOLARSlllr COM/IIITTEE:
lJcni~e Moracles
Joe Ro~m
Clilll nryanl
ACAI>F./IIIC AI>VISOR
\)enise MIl.aeleS
HAM rllVSrCIANS
!Job Gamble'. M.D.
Jewell Duncan. M.D,
James Wallace. M,D.
John Molinaro, M,(J,
Call Nechln'.n. M,D,
(;\'/11 /II;\NAGF.nS
Jnck NOllis
51:"1 Jones
A\I(;tISTA IIF.CIIF.ATlON
ANI) I'ARKS
Tom lIeck. Direclor
Robe.! Howard. ^~sl. Oileelor
IJltck Salter, Mannger
TEA/II VENT/ST
Marion DIt.~I. D,M,D.
ATIORNEY'S
Michlel CI.I,on
Willin,n SU55mol'-
n:A/II 1I0srITAL
M.C,U. 1I0'(I;lal
M,C,U. S(lOr1S Medicine Cliltic
AUGUSTA BOXING CLUB
MAJOR CORPORAT~ ...
SrONSORS r
An", MDbI1e i' ;
M.rb " "'0....1'1 Jew"'" ,..
JOl'lell Il'Itel'ft.... ::.
r.....dttll B..... ; . .
Arby. ;
pes Nlf"'lftl '
I
fRESENTS
"pes ,NITROGEN". Scholarship
"1'C'S Nitrogen beli~.v~s that the mental and jJhysical discipline provided by the
AllglISill Box;lIg 'Clllb experiellce is 1I key/ire skill. lIre sclwlllrship flllld ClIlI fllrtlrer ./'
ensure the success of club members as they endeavor .to compete ;11 life...just ay
they compete ill sport. " .
Applications accepted January. througt, April each year. Scholarship awarded In June.
TODAY'S DATE
NAME
ADDRESS
CITY
TELEPHONE NUMBER
NAME OF PARENTS/GUARDIAN
NAME OF SCHOOL (COLLEGErrECIINICAL)
ENTRY DATE
YEARS WITH AUGUSTA BOXING CLUB (MINIMUM 3 YEAnS)
~
ZI P CODE
STATE
A....LICATION ..nocESS:
.1) Pick lip and fill out application form.
2) AlIllCh copy of nil pages of BOXING PASSBOUK
3) AlIach inforJnation ~n college/school for which you I\lIVe applied.
4) One page essay: "What I Want To Do With My Life When I Grow Up."
5) Leller of reference frolll Tom Moraetes.
6) . Copy of last school years transcript.
7) One page resume of all school Gnd cOI11Jnlln}ty activities.
.~~:
..t.'"
!l ";~
,'"..;'
I;'"
:;1-,
MAIL APPLICATION TO: Dcnise Moraetcs, Scholarship Committee
Augusta Boxing Club · 1929 Walto,l1 Way · Augusta, GA 30904
SCHOLARSHIP COMMITTEE:
Joe Rogers, Choir · Clint Bryant · Denise, Moraetes
):~
" ~
j,:
~"' ~,
,.
ADDITIONAL INFORMATION:
Call the Augusta Boxing Club at (706) 733-7533
J
"
."''',
.
''lts b(tur to sw(at in th( Gym, than to b/ud in th( struts. "
AUGUSTA'B.OXING CLUB
Augusta/Richmond County P()lice Athletic, J.,eag~e
1929 Walton Way · Augusta,. Georgia 30904. " .
(706) 733-7533/Gym/Office · (706) 733-1106/Fax · E-mail: augustabox@aol.com · www.augustaboxing.org
I}/I(ECTOR &
IIE..\O CO"CII
Tom Moraeles
RlCIIlIlONO COlINn'
SIIER'ff
Charles Webster
CIIIEF ASSISTANT
Elbert Maddo~
ASSIST,\NT TR,UNERS
D.wid Parks
Millon Allen
I.arry Wilkerson
Fred Ilnll. Sr.
Penise Moraeles
SIeve P,ice
David Rainey
fElIIAI.f. (;O,\CII
Denise Morneles
SCIIOLARSIlIr COMMITTEf.:
Denise Moraetes
Joe Rogers
Clint Dryanl
,\CAI>F.lIIIC ADV/SOR
Denise Moraeles
TEAM rIlYSIClt\NS
Bob Gambrell, M,O.
Jewell Ollnean, M.(J,
James Wallace. M.o,
John Molinaro. M,D.
Carl Neeh,m"n. M,O,
CYM lIlANACERS
Jack Norris
Sian Jones
AlIGl/ST,\ RECREATION
ANIJ PARKS
. Tom Deck. Dircclor
Robert , loward. Assl. Direelor
Buck Saller, Manager
TEAI\I DENTISr
Malian 011I51. I),M,D,
,\TI'ORNEY'S
Michael Carlson
Sam Nicholson
TEAI\I IIOSP/TAl.
M.C,G, Hospilal
M,C.G, Sports Medicine Cliuic
srIRITlI,\l. ADVISOR
Rev, Sian Holsonback
WEn lIIASTER
Roberto Vasquez
MAJOR CORPORATE
SPONSORS
Marks & Morgan Jewelers
PCS Nitrogen
Comcast
Mally's Bage's & Grits
Murray Biscuit Company,
MCG Sports Medicine
Mark Maddox Car Sales
Pollock Company
AUGUSTA BOXING CLUB Davis Broadcasting
.PRESENTS
"James L. O'Quinn, M.D." Scholarship
"Dr. 0 'Quinn believes honesty and hard work are the keys to financial success and
love is the key to happiness. "
Applications accepted January through April each year. Scholarship awarded in June.
.
. TODA Y'S DATE
NAME
ADDRESS
CIIT
TELEPHONE NUMBER
NAME OF PARENTS/GUARDIAN .
NAME OF SCHOOL (COLLEGElTECHNICAL)
ENTRY DATE
YEARS WITH AUGUSTA BOXING CLUB (MINIMUM 3 YEARS)
APPLICATION PROCESS:
I) Pick up and till out application form.
2) Attach copy of all pages of BOXING PASSBOOK
3) Attach infonnation on college/school for which you have applied.
4) One page essay: "What I Want To Do With My Life When I Finish My Education."
5) Letter of reference from Tom Moraetes.
6) Copy of last school yearshtranscript.
7) One page resume of all school and community activities.
STATE
ZIP CODE
MAIL APPLICATION TO: Joe Rogers, Scholarship Conunittee
Augusta Boxing Club 0 1929 Walton Way · Augusta, GA 30904
SCHOLARSHIP COMMITIEE:
Joe Rogers, Chair · Clint Bryant · Denise Moraetes
ADDITIONAL INFORMATION:
Call the Augusta Boxing Club at (706).733-7533
"'i'~
~
"
"lti bmer to. s.weat in the Gym, than to. bleed in the struts."
AUGUSTA. BOXING CLUB
'Augusta/Richm.ohd County police At4letic ~eague . . .
. 1929 Walton Way · Augusta, Georgia 30904 " ,.
(706) 733-7533/Gym/Office · (706) 733-1106/Fax · E-mail: augustabox@aol.com · www.augustaboxing.org
. DIRECTOR &
IIE,\D CO,\CII
Torn MClI'aeles
RlClli\lONO COllNT\"
SIIERIFF
Charles Webster
CIIIU ASSISHNT
Elbert Maddo~
ASSIST,\NT TR,\INERS
David Parks
Milloll A/lell
Larry Wilkersoll
Fred Ilall. Sr.
Dellise Moraeles
. SIeve Price
David Rainey
FEMAI.E COACII
Denise Moracle~
SCllot.ARSlI1r COMMITrEE:
Denise MoraeleS
Joe Rogers
Clint oryant
ACADEMIC ADVISOR
Denise Moraeles
Tr..\1\l PII\"SICIANS
\Job Gambrell. M.D,
Jewell Dllncan, M,O,
James Wallace. M.O,
Johll Mulinaro, M,O,
Carl Nechl,"an, M.O,
GYI\' MANAGERS
Jack Nonis
Sian Jones
AllGlISTA IlECRr.AnOi'l
AND PARKS
1um !leek. Director
Robert Howard. Ass!. Oireclor
Dllck Saller, Mallager
TEAM OENTlsr
Marion Durst. O,M,D.
A1TORNEr's
Michael Car/son
" Sam Nicholson
TEAM 1I0SPITAL
M,C,G, 1I0spilal
M,C,G, Sports Medicine Clinic
SP/RIH'AL ADVISOR
Rev, SIan lIolsoniJOck
WEn I\I,\STER
Roberto Vasqucz
TODAY'S DATE
NAME
ADDRESS
CllY
TELEPHONE NUMBER
. NAME OF PARENTS/GUARDIAN
NAME OF SCHOOL (COLLEGE/TECHNICAL)
ENTRY DATE
YEARS WITH AUGUSTA BOXING CLUB (MINIMUM 3 YEARS)
APPLICATION PROCESS:
I) Pick up and fill out application fonn.
2) Attach copy of aJrpages of BOXING PASSBOOK
3) Attach infonnation on college/school for which you have applied.
4) One page essay: "What I Want To Do With My Life When I Finish My Education."
5) Letter of reference from Tom Moraetes.
6) Copy of last school years transcript.
7) One page resume of all school and community activities.
AUGUSTA BOXING CLUB
PRESENTS
"Dr. . Joseph. M. Still" Scholarship
"Set high goals and never give up. "
Applications accepted January through April each year. Scholarship awarded in June.
MAJOR CORPORATE
. _ SPONSORS
Marks & Morgan Jewelers
PCS Nitrogen
Comcast
Mally's Bagels & Grits
Murray Biscuit Company
MCG Sports Medicine
Mark Maddox Car Sale!
Pollock Company
, Davis Broadcasting
STATE
ZIP CODE
MAIL APPLICATION TO: Joe Rogers, Scholarship Committee
Augusta Boxing Club'. 1929 Walton Way · Augusta, GA 30904
.SCHOLARSHIP COMMITTEE:
Joe Rogers, Chair · Clint Bryant · Denise Moraetes
ADDITIONAL INFORMATION:
Call the Augusta Boxing Club at (706) 733-7533
.wwl~
.
, 7t's bm~r to sw~at ~n ,th~ Gym, than to b/ud in th~ struts. " -
AUGUSTA. BOXING. CLUB
Augusta/Richmond' County Police Athletic ~eague -
. 1929 Walton Way ~. Augusta, Georgia 30904 ~'~':... : ,i:
(70G) 733-7533/Gym/Offi~e · (70G) 733.-1 10 61 Fax · E-mail: augustabox@aoLcom' ~ wWw.august:ib~xing.ori
DIRECl'OR &
II Eo' 0 COAClI
T 0111 Mornetn
RICII"IONO COlINn'
SlIERIFF
Charles Webster
elllu ASSISTANT
Elbell Maddo~
ASSISTANT TRAINERS
David Parks
Millon Allen
Lorry Wilkerson
Fred 11011. Sr,
Denise Moraetes
Sle\'e Price
David Roiney
FEI\IALE CO,\ClI
Denise Morneles
SCIIOLARSIIIP COl\ll\lrnEE:
Denise Moraetes
Joe ROllers
Clint Oryant
ACAUEMIC ADVISOR
Denise Moraeles
TEAM PII\'SIC/ANS
(Job Gomhrell. M.O,
)ewelllJnncau. M,O,
)alllcs Wallace, M.O,
John Molinaro. M.D,
Carl Ncchlmau. M,D,
G"l'M MANAGERS
Jack Nonis
SIan Jones
,HIGlIST,\ IIECREATION
AND P,\ RI\S
Tom Oeck. Direclor
Robell Iloward, ^ss!. Director
\luck Saller. Manager
TEAIII DENTIST
Marion Oursl. O,M,f),
ATTORNEY'S
Michael Carlson
Sam Nicholson
TE,\I\I II0SPITAL
M,C.G, /lospilal
M,C.G. SpoilS Medicine Clinic
SPIRITl'AL ADVISOR
Rev, Sian Ilolsonback
WED J\/,\STER
RobellO Vasquez
MAJOR CORPORATE
SPONSORS
Mark.! & Morgan Jewelers
pes Nitrogen
Com cast
Mally's Bagels & Grits
Murray Biscuit Company
MCG Sports Medicine
Mark Maddox Car Sales.
UG S I A OX NG CLUB Pollock Company
AUT ft B, I Davis Broadcasting
PRESENTS
"Betty Friedman Memorial" Scholarship
"Belly Friedman felt that education is the passport to a happy and rewarding future,
and the provider of a safe refuge as one travels through . life. . She believed tha/one
, is self-limited only by the level of one s education. "
Applications accepted January through April each year. Scholarship awarded in June.
TODAY'S DATE
NAME
ADDRESS
CllY
TELEPHONE NUMBER
NAME OF PARENTS/GUARDlAN
NAME OF SCHOOL (COLLEGE/fECHNICAL)
ENTRY DATE
YEARS WITH AUGUSTA BOXING CLUB (MINIMUM 3 YEARS)
APPLICATION PROCESS:
I) Pick up and fill out application form.
2) Attach copy of all pages of BOXING PASSBOOK
3) Attach information on college/school for which you have applied.
,4) One page essay: "What I Want To Do With My Life When I Grow Up."
5) Letter of reference from Tom Moraetes.
6) Copy of last school years transcript.
7) One page resume of all school and community activities.
MAIL APPLICATION TO: Denise Moraetes, Scholarship Committee
Augusta Boxing Club · 1929 Walton Way · Augusta, GA 30904
SCHOLARSHIP COMMITfEE:
Joe Rogers, Chair · Clint Bryant
STATE
ZIP CODE
ADDITIONAL INFORMATION:
33
'.
,.
Ii
"It's betur to sweat. in the Gym, than to bleed in the streets. "
AUGUSTA. BOXING CLUB
Augusta/Richm?ndC,?unty Police Athletic League,
, 1929 Walton Way. Augusta, Georgia 30904 ,
(706) 733-7533/Gym/Office · (706) 733-1106/Fax · :E-mail: auguscabox@aol.com · www.auguscaboxing.org
DIRECTOR &
lI['\D CO,\CII
Tom Mmaetes
R'CII:\I0NO COI/Nn'
SHERIFF
Charles Websler :
CIIIEf ,\SSIST,\NT
Elbel1 Maddox
ASSISTANT TRAINERS
David Parks
Millon Allen
l.any Wilkersnn
Fred lIall. Sr.
Denise Moraetes
SIeve Price
David Rainey
FEIIIAl.E CO,\CII
Denise Morneles
SCIIOL^,ISIIIr COIII/llI'ITEE:
Denise Moraeles
Joe Rngers
Clinl Bryanl
ACADEI\IIC ADVISOR
Denise Moraeles
n:AIII r/ll'S'c/ANS
/Job Gambrell. M,D,
Jewell Vllncan. M,D,
Jallles W.,lIace. M,D,
John Molinaro,.M.D.
Carl Noehllllan. M,D.
GYM MANAGERS
Jack NOllis
51:111 Jones
AlIGlIST,\ RECREATION
AND PARKS
Tom Deck. Director
Robel1 lIowald, Assl. Director
Dllck Sail.... Managcr
TEA III DENT/Sf
Marion Oursl, D.M,O.
ATIORNEY'S
Michael Carlson
Sam Nicholson
T['\III 1I0SPIT,\I.
M,C.O, IIospilal
M,C.O, Spor's Medicine Clinic
SPIRITl'AL ADVISOR
Rev, Sian IIolsonback
WED i\IASTER
Robel1o Vasquez
MAJOR CORPORATE
SPONSORS
Marks & Morgan Jewelers
PCS Nitrogen
Comcast
Mally's Bagels & Grits
Murray Biscuit Company
MCG Sports Medicine
Mark Maddox Car Sales
Pollock Company
Davis Broadcasting
AUGUSTA BOXING CLUB
PRESENTS
"Gallagher Fanlily" Scholarship
"John and Gretchen Gallagher, of Augusta, have been supporters of the youth of the
. . Augusta Boxing Club for several years. Their interest in assisting our youth reflects the
mission of the club . . . The production of world class citizens as opposed to world
class athletes."
Applications accepted January through April each year. Scholarship awarded in June.
TODA Y'S DATE
NAME
ADDRESS
CITY
TELEPHONE NUMBER
NAME OF PARENTS/GUARDIAN
NAME OF SCHOOL (COLLEGE"ffECHNICAL)
ENTRY DATE
YEARS WITH AUGUSTA BOXING CLUB (MINIMUM 3 YEARS)
STATE
ZIP CODE
APPLICATION PROCESS:
I) Pick up and fill out application. form.
2) Attach copy of all pages of BOXING PASSBOOK
3), Attach infonnation on college/school for which you have applied.
4) One page essay: "What 1 Want To Do With My Life When I Grow Up."
5) Letter of reference from Tom Moraetes.
6) Copy of last school years transcript.
7) One page resume of all school and community activities.
MAIL APPLICATION TO:. Denise Moraetes, Scholarship Committee
Augusta Boxing Club · 1929 Walton Way · Augusta, GA 30904
SCHOLARSHIP COMMITTEE:
Joe Rogers, Chair · Clint Bryant
ADDITIONAL INFORMATION:
Call the Augusta Boxing Club at (706) 733-7533
.
"
"It's hm~r to sw~at in. th~ .Gym. than to h/ud in th~ struts. "
AUGUSTA BOXING CLUB
Augusta/Richmqnd County Police Athletic League
: 1929 Walton Way · Augusta. Georgia 30904 '.
(706) 733-7533/Gym/Office · (706) 733-1106/Fax . E-mail: augustabox@aol.com . www.augusraboxing.org
DIRECTOR &
"EAD COAC".
Tom Mornetes
RICI/MOND COUNlY.
SJ/ERIFF
Charles Webs'er
CIIIEF ASSISTANT
Elbert Maddo,
ASSISTANT TRAINERS
David Parks
Millon Allen
Lany Wilkmon
Fred lIall, Sr.
Denise MOllletes
Steve Price
Oavid Rainey
FEMALE COACH
Denise MOlllel~
MAJOR CORPORATE
SPONSORS
Marks & Morgan Jewelers
PCS Nitrogen
Comcsst
Mally's Bagels & Grits
Murray Biscuit Company
MCG Sports Medicine
Mark Maddox Car Sales
Pollock Company
AUGUSTA BOXING CLUB
PRESENTS
"Com cast " Scholarship
"Comcast endorses and supports the educational and academic priorities
emphasized by the Augusta Boxing Club. Building not just champion boxers,
but champion citizens. "
Applications accepted January. through April each year. Scholarship awarded in June.
SCIIOLARSIIIP COMMITTEE:
Denise Mornetes . TODA Y'S DAlE
Joe Rogers
Clint Bryanl
ACADEMIC ADVISOR
Denise Mornetes
TEAM PHYSICIANS.
Bob Gambn:Il, M.D.
Jewell Duncan, M.D.
James Wallace, M.D.
John Molinaro. M.D.
Carl Nedllman, M.D.
GYM MANAGERS
Jack Norris
Sian Jane.
AUGUSTA RF:CREATION
AND PARKS
Tom Deck, Dilttlor
Robert Howard, Assl Din:clor
Buck Saller. MllI18ger
TEAM DErITlST
Marion Oursl, O,M,O.
ATTORNEY'S
Michael Carlson
Sam Nicholson
TEAM HOSPITAL
M,C,G. Hospital
M.C.G. Sports Medicine Clinic
SPIRITUAl. ADVISOR
Rev. Sian Holsonback
WEB MASTER
Roberto Vasquez
NAME
ADDRESS
crIY
lELEPHONE NUMBER
NAME OF PARENfSlGUARDIAN
NAME OF SCHOOL (COLLEGE/TECHNICAL)
fNIRYDAlE
YEARS wrrn AUGUSTA BOXING CLUBJMINIMUM 3 YEARS)
APPLICATION PROCESS:
I) Pick up and fill out application fonn.
2) Attach information on college/school for which you have applied.
3) One page essay: "What I Want To Do With My Life When I Finish My Education."
4) Copy of last school years trans~ripl.
5) One page resume of all school and conununity aClivities.
MAIL APPLICATION TO: Denise Moraetes, Scholarship Committee
Augus~ Boxing Club ~ 1929 Walton Way. Augusta, GA 30904
SCHOLARSHIP COMl\1ITTEE:
Joe Rogers,. Chair · Clint Bryant · Denise Moraetes
STAlE
ZIP CODE
ADDITIONAL INFORMATION:
Call the Augusta Boxing Club at (706) 733-7533
Augusta Boxing Club
.~
Page 1 of 1
WItIB If .w.1IODII~~
AUOU8TA.BODfO OWl
"ITS BmBR TO s.wur IN 'THE GYM
TfWI. UID IN TIe. 8TR&'BP8~
1Hftlt:
Copyright@ 1998-2000 Augusta Boxing Club,
All Rights Reserved Worldwide,
http://www.augustaboxing. orgl
7/29/00
Augusta Boxing Club
The Augusta Recreation and Parks
Department, with assistance from area law
enforcement agencies, implemented the
Augusta Boxing Association/ Augusta Police
Athletic League (P.A.L.) in an effort to
curtail drug abuse and crime among young
adults and children. This program uses
sports, specifically boxing, as a tool to
attract young people who have been given
the opportunity to build self confidence,
develop self discipline, learn to function as,
a team, develop good sportsmanship and
experience the rewards of always striving
to do their best. In its20 plus year history,
several hundred children and young adults
have benefited from their participation in
the Augusta Boxing Association. The
program is preventative In nature as
opposed to rehabilitative, with its
participants coming from the entire Central
Savanna River Area (CSRA). The majority
of these children have had no prior contact
with the court system.
We are able to go beyond the athletic
aspects of the program. and provide tutoring
and drug counseling, take them 9n field
trips and require attendance at a variety of
educational programs. Through the boxing
tournaments, many of our participants have
had the opportunity to travel extensively in
the United States and abroad. Several
members of our team have qualified to
represent the United States Olympic Boxing
Association and have comp'eted in locations
such as Russia, Germany, Sweden, Poland
and England. Jacob Hudson, currently
ranked # 1 in the United'States, one of our
participants, represented 'the U.S.A in the
1998 Goodwill Games in New York, New
York. We are an official affiliate of USA
Boxing, the Olympic Auttiority. Weare also
a Chapter Member of the National Police
Athletice League.
Unlike most school activities, our program
operates year round. We average between
70-100 participants at all times. During our
peak periods (the school year), we can
http://www.augustaboxing.orglabout.htm
Page 1 of2
DIRECTOR & HEAD COACH
Tom Moraetes
USA Boxing's National Coach
of the Year 1998
OUR MISSION
Enhancing the quality of life
for our youth through
positive activities.
CONTACT INFO
1929 Walton Way
Augusta, GA 30904
706.733.7533 Gym
706.733.1106 Fax
abclubl{Cilhome.com
The program is a 501(e) (3)
tax exempt program through
the Georgia Amateur Boxing
Association, Inc., Atlanta,
Georgia, USA.
Thanks to the generosity of
Dr. James O'Quinn our
,"home" is officially located at
1929 Walton Way.
7/29/00
Augusta Boxing Club
)
work with 200 children. The majority of
these young men and women are between
the ages of 8-15.
The only charge we will ever have for our
participants is the commitment to follow a
strict code of conduct! character policy
which include, ,behavior in the gym, home,
school, and community.
WETHANK YOU AU!
.~
...
. ,.;
.:t- _
. ~ ~
Page 2 of2
Copyright @ 1998-2000 Augusta Boxing Club.
All Rights Reserved Worldwide,
http://www.augustaboxing.org/about.htm
7/29/00
Augusta Boxing Club
Star Boxer of the Month
The Star Boxer of the Month program is a reward
based system that acknowledges a boxers efforts '
both in the gym and at school.
Recipients of the program are awarded a trophy and
his/ her name is posted in front of the gym. The
honoree is also acknowledged in the newspaper and
on local TV.
This Is an Intermediate Boxing Program
Students of the Year
Each year, two boxers are recognized for their
academic excellence. Award and plaque recipients
are honored for highest academic average and most
academic improvement throughout the year.
Both boxers names are distributed to all local media
for recognition.
Parent(s) of the Month
This non-athletic recognition program awards parent
(s) that best typify the club's mission: "producing
world class citizens".
Scholarship Program
The Augusta Boxing Club awards seven financial
scholarships each year to deserving members of the
club. A scholarship committee reviews the
applications. with. selecti9n priority being educational
background, and community character qualities.
Financial status of boxers, parents are NOT
considered in the selection process. Awards are
presented to the financial institutions the boxers are
enrolled in. Either college, tech school or adult
education program are institutions considered for
funding. . .
1. "Betty Friedman" Memorial Scholarship
2. "Gallagher Family" Scholarship
3. "PCS Nitrogen" Scholarship
4. "Dr. James O'Quinn" Scholarship
5. "Dr. Joseph M. Still" Scholarship
6. "Comcast" Scholarship
7. "Marks & Morgan" Scholarship
http://www.augustaboxing.orglnon-program.htm
Page 1 of2
.tJ] StaJ Boxer
; of the Month
~ Students of the Year
t!] Parent(s) .
~ of the MDnth
Po.
tJ SchoErsl1p
f::. Program
~ Medical & Health
~ ClIntl:S & Semlll81
~ llanksg1vtng Meal
;2: Santa Claus
C CJlJstmas GIfts
;2: .
Adapt-A- C!ass
COIqJUter eBSS
7/29/00
Augusta Boxing Club
Page 2 of2
Summer Learning Program
Summer educational classes are available for
members 10 and under. The class will be held each
Wednesday from 12:00 noon until 2:00 p.m. Denise
Moraetes, a Special Education Teacher at Goshen
Elementary, has volunteered to direct this class.
The class will involve reading assignments as well as
other class type work. The participants will engage
in academic field trips around Augusta. The class will
receive a snack, courtesy of Arby's of Augusta.
Parents should have the children at the gym shortly
before 12:00 noon and pick up by 2:30 p.m. each
Wednesday.
Copyright @ 1998-2000 Augusta Boxing Club.
All Rights Reserved Worldwide.
http://www.augustaboxing.orglnonYfogram.htm
7/29/00
Augusta Boxing Club
,
.;. ,
Medical & Health Education Clinic and Seminar
The Medical College of Georgia (MCG) Sports
Medicine Clinic will be providing a monthly medical
clinic to boxers of our club. Clinics will be held at the
Augusta Boxing Club on the 1st Tuesday of each
month at 5:00 p.m.
Dr. Robert Gambrel. will be the physician conducting
the clinic. The purpose of the clinic is for
examination and diagnostic reasons for members of
the club with sports/ medical problems and/ or
injuries.
Boxers needing to be seen by Dr. Gambrel must be
at the clubby 4:45 on the day of the clinic.
In addition, the Augusta Boxing Club also
coordinates quarterly educational seminars at the
gym for ALL boxers. Topics range in all areas of
education with a guest speaker/ presenters at each
session. Prior seminars have been topics such as
S.T.D. (older boxers), Nutrition (younger) and
Stretching (all boxers).
Thanksgiving Meal
The Augusta Boxing Club has for several years taken
several of its boxers to an annual feast at a nearby
restaurant, T -Bones Steak House. The boxers are
transported from the gym to the restaurant and back
to the gym. Family members, parents, brothers,
sisters are included. Usually 30-40 persons are fed
each year.
Santa Claus Christmas Gifts
The Augusta Boxing club with assistance from local
businesses and individuals provide a Christmas gift
distribution to many of its disadvantaged boxers.
The Boxers are requested to present a self-written
"Letter to Santa" two weeks before Christmas.
Adopt A Classroom
The Augusta Boxing Club makes a financial
commitment to a Special Education Program to
purchase classroom supplies for needy students. The
Augusta Boxing Club sets. a standard in the hopes
that other organizations will make a similar
commitment in an effort to 'adopt' a classroom.
http://www.augustaboxing.orglnon-program2.htm
Page 1 of2
tn StaJ Boxer
; of the Month
~ Students of the Yeal
g Parel\t(sl
a: of the Month
. ~ SchOlalS~ip
. ~ Program
!:.Q Medical 3-. Health
~ ClIDJts & SeIriur
~ Thlinksg1vtn.g Meal
Z Santa Claus
C Cbiitmas Gifts
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Adopt-A-Cmss
C ompuler Class.
7/29/00
~ugusta Boxing Club
Page 2 of2
Corporate sponsors of our boxing program, Marks &
Morgan, PCS Nitrogen, and Comcast in addition to
numerous private/ individual donors are very aware
of the necessity to provide a quality education for
our youth.
Computer Class
Thanks to the generosity of the South Carolina
Department of Energy, the Augusta Boxing Club will
be able to offer computer classes to its participants.
The South Carolina DOE has donated 10 computers
to establish our training lab.
Get Together Picnic
To the family, volunteers, sponsors, and friends of
the Augusta Boxing Club. We invite you to a day of
fun and activities at the lake. Year 2000's Get
Together Picnic will take place on Saturd~y, May 9
from 10:00 a.m. - 4:00 p.m. at Lake Olmstead, just
behind the Julian Smith Bar-B-Q Pit, #3 Milledge
Road.
Note: Boxers meet at Augusta Boxing Club at
9:30 a.m.
Copyright@ 1998-2000 Augusta Boxing Club,
All Rights Reserved Worldwide.
http://www.augustaboxing.orglnonyrogram2.htm
7/29/00
Augusta Boxing Club
.'
How much does the. program cost?
Answer: Nothing. Due to the out pouring of individual
and corporate support, there has never been any
charges for the youth program (ages 4 - 16 years).
This includes use of the gym, equipment, instruction,
uniforms, and most travel expenses.
How old do you have to be to participate at the
Augusta Boxing Club?
Answer: Our program exists for our youth. You must
be 4 - 16 years of age, at the initial time of entry into
the program. If you join between these ages you will
always have the full benefits of the program,
regardless of how old you get. We have several
youths that are 17-18, but they all started the
program when they were 16 or younger.
Once a participant, can I come to the gym when
I want to or when it's convenient for me?
Answer: No. The Augusta Boxing program is highly
structured and as a participant you must come to the
program on a regular basis, at least two days a week.
The Augusta Boxing Club is by no means a day care,
or baby-sitting type of program. We commit to do
everything in the best interest for our participants. In
return, we expect the same level of commitment to
our program.
Do you offer ,anything for adults?
Answer: Yes. Due to the tremendous interest of the
community, we have an adult program that meets
two nights and .two mornings a week. The cost for this
adult program is $25.00 a month. This is not a
competitive program. IUs only recreational. There. is
an element of boxing in all training, but no contact or
sparring. No exceptions.
Page 1 of 1
Haw 11I11:1 does
it cost?
Haw DId do you
haw to be?
Can I COm! aid go
wllellplease?
AJY WIg for tie
Adulls?
Haw muyskiJI
levels ale theu?
H IIW CilJI [start
myown club?
. Copyright @ 1998-2000 Augusta Boxing Club.
All Rights Reserved Worldwide,
http://www.augustaboxing.org/faq.htm
7/29/00
frequently asked questions page 2
How many levels of participation are within the
boxing program? What are they?
Answer: There are 5 Levels of participation. They are
described below.
A) Small Fry Class
Due to the increased number of youth, aged 6 and
under, in the Beginner's Class, the Augusta Boxing
Club has started a "Small Fry Class" for youth male
and female ages 4 - 6 years. This is a non-boxing
class. The emphasis is placed on physical and mental
conditioning, team work, sportsmanship and how to
. take instructions from club coaches.
This level of participation is a feeder program into the
Beginners Class or Intermediate Class when the
participant turns 7 years of age.
B) Beginners Class - LEVEL I
The Beginners and Little Girls boxing class involves
cardiovascular activities, strength building, movement
education, psychological motivation and other aspects
of physical training. Like the Small Fry Class, there is
no actual boxing in this class.
The class serves as a preparation and feeder system
for the Intermediate Class which does involve actual
boxing. Length of time in this class depends on each
child's level of physical and mental abilities. Normally
between 2-4 months before placement in the
Intermediate Class.
C) Intermediate Class"- LEVEL II ,
The Intermediate Class is by invitation only for those
athletes, male and female, of each class that the club
feels qualify for this level of performance, The
purpose of this is to be able to give more one-on-one
coaching time to these boxers.
Boxing techniques will be initiated in this class with
actual competition. The competition in the class is
mainly gym (sparring) and local club matches.
Each athlete should expect several months in this
class before moving to the Advances Class.
D) Advanced Class - LEVEL III
This class is made of athletes, male and female, that
http://www.augustaboxing.orglfaq2.htm
Page 1 of2
HIJW 11I11:" does
n cost?
How old do you
haw to be?
Can I CUlm ud go
whel 1 please?
AI.Y th1J.g far tie
Adults?
HOWIt1lIY sk1Jl
levels are tieu?
How Cllll I start .
my own dnb?
7/29/00
frequently asked questions page 2
Page 2 of2
have graduated from the Beginners and I~termediate
Classes. This class will participate in state, regional,
and national competition.
E) Elite Class - LEVEL IV
This class is for athletes that have graduated from the
Beginning, Intermediate, and Advanced Classes.
Athletes in this class Qualify for international
competition including dual matches, World
Championships, Goodwill Games, or Olympic
Competition. .
Copyright@ 1998-2000 Augusta Boxing Club.
All Rights Reserved Worldwide,
http://www.augustaboxing.orglfaq2.htm
7/29/00
Augusta Boxing Club
Page 1 of 1
How can I start my own local amateur boxing
program?
Follow my lead. Due to the tremendous response
and inquiry into starting up new programs, I have
put together a 23-Step Program simply described
as "How to Start a Boxing Program".
The program takes you step-by-step into developing and establishing your
own amateur boxing club. I provide all Augusta Boxing Club guidelines and
rules so that you can model your individualized program after ours" The
success of our program is demonstrated by our young fighters.
Vernon Forrest - 1992 Olympian
Brandon Mitchem - 1996 Olympic Alternate
Jacob Hudson - 1998 Good Will Games Silver Medalist
Denise Moraetes - Two Time National Amateur Champion; Top Ranked
Female Professional Boxer
The program was developed by myself, Tom Moraetes, Head Coach and
Director. I have 26 years experience as an amateur coach, and was
recently voted 1998 USA Boxing Coach of the Year -National and
International Coach.
If you are among the many who have called me for
information about starting your own amateur boxing
programs, please send a SASE with $20.00 certified
check, money order, or business! government check to
the: .
Copyright@ 1998-2000 Augusta Boxing Club.
All Rights Reserved Worldwide.
http://www.augustaboxing.orglstart_club.htm
7/29/00
Augusta Boxing Club
Page 1 of 1
Coaches Corner: July 2000
The Augusta Boxing Club recently completed the National.1unior Olympic Summer Training
Camp. Modeled after the USA Boxing International Training Camps In Colorado Springs, the boxers
received a comprehensive week of boxing instructions, sparring, interval training, plyometrics,
strength training, nutrition, health and sports psychology. The group also explored USA Boxing's
Technical Rules and instructions by a certified official.
This year's participants Included John Dry (16), Jason Zimmerman (14), Ashly Ardis (11), and
Brittany Harvison (12).
Oinlcians Included:
. Tom Moraetes: Level IV International Olympic Level Certified Coach. Twenty-five years
coaching experience. Personal coach of one Olympian alternates. Head Coach of Evander
Holyfield Amateur Team. USA Boxing's National Coach of the Year - 1998.
. Denise Moraetes: Level II Certified Coach. Two-time New York Golden Gloves Champion
and two-time (97/98) National Amateur Champion.
· Dr. Robert Gambrell: Medical College of Georgia Sports Medicine. USA Boxing
Internationally Certified Physldan.
. Elbert Maddox: Level II Certified Coach. Ten years experience.
. Linda Delapaz: USA Boxing Certified Official.
The administrators were Mr. & Mrs. Buddy Davis of the Georgia Amateur Boxing Association, Inc.
Thanks to all for the very successful training camp.
Copyright@ 1998-2000 Augusta Boxing Club,
All Rights Reserved Worldwide,
http://www.augustaboxing.orglcoach_comer.htm
7/29/00
Augusta Boxing Club
Page 1 of2
WE THANK YOU AW
...".~.
. ....-
."
The Augusta Boxing Association/ Augusta,
P.A.L. would like to thank the many
individuals, organizations, and businesses
who make oiJrprogram possible. They
include:
Major Corporate Sponsors
Marks & Morgan Jewelers'
Dr. Joseph M. Still
Physicians Multi Specialty Group, PC
Mark Maddox Car Sales
Murray Biscuit Company
Comcast
P.C.S. Nitrogen - Arcadian
Ringside Products
Lenexa, Kansas
1-913-888-7766
Pollock Office Supply Company
Mally's Bagel-N-Grits
Medical College of Georgia -Sports
Medicine
Additional Key Sponsors
Dr. Jewel Duncan
Dr. Carl Nechtman
Dr.. Marion Durst
Dr. James O'Quinn
Duplicating Systems
Augusta-Richmond County
Recreation Department
Dr. Jim Wallace
Georgia State Senator Don Cheeks
Augusta-Richmond County
Commission Dr. Bob Gambrel
Augusta-Richmorid County Sheriffs Dr. John Molinero
Department - Sheriff Webster
http://www.augustaboxing.orglsponsors.htm 7/29/00
Augusta Boxing Club
Page 2 of2
Become a Spon~or
As Director of the Augusta Boxing Association/ Augusta P.A.L., it has been
my privilege to work with hundreds of our area youth. I share in the pride
that they feel in their accomplishments and their gratitude for the support
of their community.
If you would like to make an impact with the youth of our community,
please contact me to become a sponsor of our successful program. You
can e-mail our organization or use the traditional contact information
below. Thank you for your interest in helping our youth.
Tom Moraetes, Director & Head Coach
Copyright@ 1998-2000 Augusta Boxing Club,
All Rights Reserved Worldwide,
http://ww.N.augustaboxing.orglsponsors.htm
7/29/00
Augusta Boxing Club
Local Boxing Competitions
Weeklv Sparring For Spectators
The Augusta Boxing Club will hold weekly sparring
sessions every Saturday from 10:00 a.m. to 12:00
noon. Boxers are members of the clubs Elite,
Advanced, and Intermediate classes. Although the
matches are classified as sparring, the atmosphere
will be one of actual competition with referees,
judges, physicians, and all other aspects of
competition.
For other clubs that which to participate call the gym
at 706.733.7533 to arrange bringing their boxers for
this sparring event.
These club matches are free to the public. Matches
are held at the Augusta Boxing Club Gym, 1929
Walton Way, unless other wised posted. Please
contact us for the most up-to-date details.
Special Engagement Sparring
Special engagement "open to public" sparring
matches will also be held every 2nd Thursday of each
month at 6:00 p.m. These matches are free to the
public. The participants are members of the club's
intermediate and beginners class. The public, parents,
and friends of the youth are urged to attend. Boxers
must arrive at the gym at 5:00 p.m. with sparring to
start at 6:00 p.m. Sparring will conclude by 8:00 -
8:30 p.m. .
State level Boxing Competitions
The East District Georgia Games had a tremendous
turnout with over 108 boxers registered, 29 matches.
Over one thousand-dollars was. raised for the Goshen
Elementary School Education Fund.
Trisha Hill of Lawrencevilfe won a una. 5-0 decision
over Heather Stephens of West Virginia in the MAIN
Event of the night. An additional 27 men's matches
and one women's match took place. The crowd stayed
until after midnight to see the featured attraction.
The match was. definitely a preview of the competitive
toe-to-toe action we will see come August for the
http://www.augustaboxing.orglevents.htm
Page 1 of2
~ Local Homg
c
E 1\vo-Stllte Bomg
l-
ff Regional Boxtlg
~ NatiouJ Boxing
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~ Baml
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~ Pre-Compettttol
~ Tratn1lIJ Camps
7/29/00
events and competions continued...
Page 2 of3
competed In both open division, and 16 boxers
competed in the Junior Olympic Divisian (age 11 -
16).
. Last years taurnament was sa successful that we
decided ta add .one day ta the campetitian and allaw
16 boxers per weight class. This additian cauld
passibly double the entry's.
"Ringside, Inc. is very praud ta be a spansar .of this
event. Augusta has cantinued ta display its
cammitment taaur yauth thraugh its Amateur Baxing
Pragrams", Jahn Brawn, President, Ringside, Inc.
Lenexa, Kansas.
The designated hatel is:
Partridge Inn
2110 Walton Way
(706) 737-8888, or 1 (800) 476-6888
Prices include a full breakfast and transpartation from
airport up to Quad occupancy $69.00. Everything is
done at the hatel (i.e., weigh-ins, press canference,
pairings). The hotel is located two blocks from the
Augusta Boxing Club where all workouts will be. And
two miles from the Venue. Which is May Park
Gym.Transportation from only this hotel each night to
boxing far all athletes pravided by the city .of
Augusta.
The event is sanctianed by the Georgia Amateur
Boxing Association, the Golden Glaves Association .of
America and USA Boxing Inc. of Colorado.
Click Here to Enter the Official Web site far the 1999
National Women's Golden Gloves Championship.
P.A.L. 2002 National BoxhlQ Championships
The Augusta Boxing Club is currently biding on the
National P.A.L. Boxing Championships for 2002 to be
held at the Augusta State University Athletic
Camplex. The bidding process has not been finalized.
Mare news to follow.
National Junior Olympic Summer Training Camp
Click here to read the summary .of this event.
International Competitions
The Augusta Boxing Club currently has no
http://www.augustaboxing.orglevents2.htm
7/29/00
events and competions continued...
. ....
Regional Boxing Competition
, For the 7th year consecutive, the Augusta Boxing
Club and the city of Augusta hosted the 2000 Silver
Gloves East Coast Championships. Matches were held
January 7 - 8, 2000 at the Boys Club of Augusta on
Division Street.
Participants aged 10 - 15 years demonstrated
exceptional skill and athletic ability. Winners advance
to Lenexa Kansas for the National Championships in
February 2000.
Junious Hinton, of Palmer Park, Maryland, the East
Coast Chairman approved the site of Augusta,
Georgia.
Tom Moraetes of the Augusta Boxing Club is the
Georgia State Director.
The 2001 Silver Gloves is. tent~tively set for January
5-6, 2001 in Augusta. We'll have details as they are
made available.
National Boxing Competition.
The Augusta Boxing Club, the City of Augusta, the
Augusta Recreation & Parks Department and Ringside
Products, Inc. would like to announce that the
Augusta Boxing Club has been selected by the
National Golden Gloves Association to host the 2nd
Annual Ringside's National Women's "Golden
Gloves" Championships, August 9 - 12, 2000.
Major corporate sponsor is Ringside Products of
lenexa, Kansas along with the Augusta Boxing Club.
Additional sponsors are Marks & Morgan Jewelers, pcS
Nitrogen, MCG Sports Medicine, Comcast, President
Baking, Mally's Bagels/Mark Maddox Car Sales. and
WJBF-TV 6.
The first "USA Boxing" Women's Championship was in
Augusta in July of 1997 and brought in over $250,000
in economic impact to the community. 1999's
. tournament brought in over $400,000 of economic
impact to Augusta. Over 100 boxers from 32 states
http://www. augustaboxing. orglevents2. htIri :
Page 1 of3
~ Local Bax1J.g
Cl
~ 'IWa-State Bamg
re RegtonalBomg
~
Cl Natlual Boxing
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06 InIl!Jnat1onal
~ Boxing
:z:
~ Pre-Compettttn
t4 Tratnng CaIqls
7/29/00
events and competions continued...
Page 2 of3
competed .in both 'open division, and 16 boxers
competed in the Junior Olympic Division (age 11 -
16).
last years tournament was so successful that we
decided to add one day to the competition and allow
16 boxers per weight class. This addition could
possibly double the entry's.
"Ringside, Inc. is very proud to be a sponsor of this
event. Augusta has continued to display its
commitment to our youth through its Amateur Boxing
Programs", John Brown, President, Ringside, Inc.
lenexa, Kansas.
. The designated hotel is:
Partridge Inn
2110 Walton Way
(706) 737-8888, or 1 (800) 476-6888
Prices include a full breakfast and transportation from
airport up to Quad occupancy $69.00. Everything is
done at the hotel (Le., weigh-ins, press conference,
pairings). The hotel is located two blocks from the
Augusta Boxing CluD where all workouts will be. And
two miles from the Venue. Which is May Park
Gym.Transportation from only this hotel each night to
boxing for all athletes provided by the city of
Augusta.
The event is sanctioned by the Georgia Amateur
Boxing Association, the Golden Gloves Association of
America and USA Boxing Inc. of Colorado.
Click Here to Enter the Official Web site for the 1999
National Women'.s Golden Gloves ChampionshiQ.,.
P.A.L. 2002 National Boxing Championships
The Augusta Boxing 'Club is currently biding on the
National P.A.L. Boxing Championships for 2002 to be
held at the Augusta State University Athletic
Complex. The bidding process has not been finalized.
More news to follow.
National Junior Olympic Summer Training Camp
Click here to read the summary of this event. .
International Competitions
The Augusta Boxing Club currently has no
~\
http://www.augustaboxing.orglevents2.htm
']/29/00
,~ugusta Boxing Club
Page 1 of 1
International and
National Amateur
Training Camps fo(
pre-competition
training are now
available to your ,
club and boxing
delegation.
Teams from allover
. the world have used
the Augusta Boxing
Club, including the
1996 United States
Olympic Boxing
Team for
International training.
Nations such as Norway, Russia, Finland, Poland,
and Malaysia have utilized our facilities and
coaching expertise.
Contact Tom Moraetes for prices. Rates include use
of Gym or use of Gym with full supervision by Tom
Moraetes, 1998 USA Boxing Coach of the Year.
3 Riogs
7 Heavy Bags
3 fteador Bags
2 AdjustabJIt
SpUd Bags
8 Doable End Bags
8 TrBadmil1s
1 Weight Room
wI Neck Machine
1 Men's l.oc:b&- Room
wI YaIl LocbrB
1 Women's Locker
Room wi Half
Lacken
Climate CautruDed
(Heat & Ail}
Buxinu Riugs U8
campletaly video
canti-01Jad
StBr9U Sowul SyBtam
clu-oughout Gym
Pull Sh.owur Ruam
. 1 400 mBtsr Track
. dim:tly IlUtside
http://www.augustaboxing.orglcamps.htm
Copyright@ 1998-2000 Augusta Boxing Club.
All Rights Reserved Worldwide, .
7/29/00
Augusta Boxing Club
Who is Tom Moraetes?
Colorado Springs" CO, Oct. 19, 1998 - Tom Moraetes
of Augusta, GA, was named USA Boxing's Coach of
the Year at the annual meeting held in his hometown
last week. Moraetes was selected by the Credentials
and Awards Committee after three candidates were
narrowed down from a nationwide selection by USA
Boxing clubs and members.
Moraetes has developed the Augusta boxing program
into one of the nation's finest. He started the
program in 1974 and has relocate his gym five times
due to the increasing number of members. Since
then, his boxers have won 29 individual national
titles in 10 different categories. He is the only coach
in 1998 to have a number one ranked male and
female boxer in the country in Jacob Hudson and his
wife, Denise Lutrick-Moraetes.
He is a 21-one time Georgia State head coach at
regionals and nationals, three-time head coach for
national teams, and four-time head coach for
international competition. He is a 20-time Georgia
State TeamChampionshipi two-time National Police
Athletic League (PAL) Champion, and two-time
National PAL runner-up team coach.
Moraetes is a certified Level IV coach and has hosted
the National PAL Tournament, USA vs. Russia dual
and the 1996 U.S. Olympic Box-Offs at his facilities
in Augusta.
Moraetes' amateur coaching career also extends to
the Junior Olympic (JO) level. He was the 1980 head
coach for the JO Training Camp in Lake Placid, N'y,
the 1989 head coach for the JO dual with Ireland and
the 1992 head coach of the JO Elite Training Camp in
Colorado Springs.
Page 1 of 1
1a wrenn
!IPO.cia" Carter
C
D.
tn Vema. Forrest
ffi Jacob Hudson
><
~ Delise Moraetes
Brandom MItchem
FrankDUJst
Iem WJ1 lit
Copyright @.1998-2000 Augusta Boxing Club,
All Rights Reserved Worldwide,
http://www.augustaboxing.org/spodight.htm
7/29/00
boxer spotlight continued...
Page 1 of 1
Lawrence "Poncho" Carter
Augusta Boxing Club 1975- 1982
1978 - #1 Ranked... USA Boxing
1978 U.S. Olympic Festival Gold
Medalist
E-t 'Ibm Moral!1I!s
::E: (Director)
't:J
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E-t "Polclo'\ Carter
C
0.
Venlu Forrest
.~
W Jallob Hudson
><
~ DelEe Moraetes
Brandom Mttchem
bank Durst
KevJn Wl'J kt
,
~ J
Professional Highlights
WBF Heavy Weight Champion
1-29-93 Won on KO of Pinklan
Thomas
Current Record 28-4
Vernon Forrest
Began boxing at age 9 - Augusta Boxing Club
1992 USA Olympic Boxing Team - Barcelona, Spain
1992 World Amateur Championsh-ip - Gold Medal
1992 USA Olympic Box-Off - Gold Medal
1992 USA Olympic Trials - Gold Medal
1991 USA Amateur Championship - Gold Medal
8 Georgia State Amateur Championship
Professional Highlights
NABF Welterweight Champion
Current Record 30-0
Copyright@ 1998-2000 Augusta Boxing Club,
. All Rights Reserved Worldwide.
. http://www.augustaboxing. org/spotIight2; htm
7/29/00
boxer spotlight continued...
Frank Durst
Augusta Boxing Club
from age 9-19. ,
National PAL Champion
National Silver Gloves
Champion .
USA International
Team
Georgia State
Champion 10 years
Kevin Wright
Augusta Boxing Club from age 10-24
National PAL Champion
USA International Team
. Georgia State Champion 12 years
Page 1 of 1
E-o ,Tom MoraetEs
(Djrecto]')
lawnnn
"Polch" Cartel
VemOI FlJuest
Jacob Hudson
DeD.1se Moral!tes
B random Mttchem
FJank Durst
lem WM lit
http://www.augustaboxing.orglspotIight4.htm
Copyright@ 1998-2000 Augusta Boxing Club', .
All Rights Reserved Worldwide,
7/29/00
Augusta Boxing Club
Page 1 0[2
~. .,
You are convinced, the Augusta Boxing Club is right.
for you, and you have decided to take a jab at it. The
following outlines the various ways that you can get
involved today!
Instructions To Become A Participant In Our
Program Recall that there are no charges for any of
our youth classes offered by the club. If you are
'interestedin signing up your child please come by the
gym between 2:00 PM and 8:00 PM, Monday through
Friday, for an application.
Each participant is required to furnish the following
items before she/ he is allowed to participate at any
level:
1. Original or Certified Copy of Birth Certificate: (Copy
Only)
2. CompleteQ Medical Form: (If Requested by
Director)
3. Two (2) Headshot Pictures of Applicant
4. Completed Boxing Application
All these items will not be returned to participant
Volunteers Make A World Of Difference
In addition to the financial support of sponsors and
the in kind services of businesses, the contributions of
volunteers make our program successful.
Occasionally, we are in great need for volunteers to
assist in the operation of local and regional
competitions. We are happy to discuss volunteer
opportunities for otherday-to-day functions in the
gym. In return, volunteers share the excitement and
sense of accomplishment achieved by our young
boxers. If you are interested in volunteering for the
Augusta Boxing Club, please contact us. You can also
come by the gym between 2:00 PM and 8:00 PM,
Monday through Friday, for an application.
Sponsor The Augusta Boxing Club To Help Our
Youth
Our program is free to participants between the ages
of 6 - 16 years. Sponsorship assures that each young
boy and girl will have a gym to work out in,
equipment in good condition to practice with,
adequate and professional instruction and guidance to
look up to, and uniforms for personal pride. Your
sponsorship also increases the opportunities to travel
http://www.augustaboxing.orglinvolved.htm
,',
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7/29/00
Augusta Boxing Club
Page 20f2
and experience life out of the city, in different and
unique communities unlike theirs. ,We all know the
benefits of team sports. Your sponsorship will
eliminate the financial barriers many of our young
participants face.
Contact Tom Moraetes, Director & Head Coach, to
discuss your financial sponsorship and/ or in kind
services, to assist our youth at the Augusta Boxing
Club.
http://www.augustaboxing.orglinvolved.htm .
Copyright@ 1998-2000 Augusta Boxing Club.
All Rights Reserved Worldwide,
7/29/00
Augusta Boxing Club
i.. .
....~: .'.
Page 1 of2
AUGUSTA BOXING CLUB KIDS PAGE DIRECTOR & HEAD COACH
Tom Moraetes
USA Boxing's National Coach
of the Year 1998
It's not all sweat,and grunt work at the
Augusta Boxing Club. We know how to have
fun. This is Mr. and Mrs. Ulmer Bridges and
son Zeke, recipient of the Gallagh~r .
Scholarship. The Augusta Boxing Club
awards four non athletic scholarships.
Mat Bargeron and Jason Pinckney, age 15,
both attend an Augusta- Boxing Club social
to celebrate academic and athletic
achievement.
David Wilkerson takes the time to capture a
shot with Coach. David won the 2000 Silver
Glove Championship in Lenexa,Kansas.
Congratulations to David.
http://www.augustaboxing.orglkidsyage.htm
OUR MISSION
Enhancing the quality of life
for our youth through
positive activities.
CONTACT INFO
1929 Walton Way
Augusta, GA 30904
706.733.7533 Gym
706.733.1106 Fax
abclub1(Ci}home.com
One reason our events go
over well is the continued
support of city leaders. This
is photo ofthe Mayor of
Augusta, Bob Young
supporting our boxers.
The Augusta Boxing Club
never charges our boxers a
fee, membership, or any
type of financial dues. We
only ask that they
demonstrate their
commitment by signing the
'club's contract of conduct. It
7/29/00
. Augusta Boxing Club
. ~f~
, ,{' -. " I " I
. .' "t.. ~ . M "'..
reads as follows:
Page 2 of2
I, (BGl(8tt3 Name JferG), hereby _gre8 to Qide by the fnIIowmg condlUou rat the
~ Bg;xtpg Club. F8lIure to do 6Q cwkl NS1lJt m nspeastcm or ~
&om tM dub. I ~ f.g1'M. to eb'" by the list of ''eym" nln gtven to me lit
~...~
W No DrinJcfng a1Qohotia IIsverages
(B) No Smoldng
(C) No \1B8 of 8DY drags
(D) Regulu attandll1lG8 at school and gym or smpIoym.unt
IE) No diBdplm8 PftIbhrms lit Bchoal, hams or gym
WE THANK YOU AID
.;
... ,..
, .
" '"
,,,,,,, .
Copyright@ 1998-2000 Augusta Boxing Club.
All Rights Reserved Worldwide,
http://www.augustaboxing. org/kids -page. h!m
7/29/00
Office of The Clerk of com~n
-,.J"'~
....,.? .
tit,
-
,,.
~
Lena J. Bonner, CMC
Clerk of Commission
Room 806 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
(706) 821-1820 - FAX (706) 821-1838
Nancy Morawski
Deputy Clerk
MEMORANDUM
TO:
Ms. Donna Williams, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
August 24, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
.Enclosed is a check in the amount of $351,000 from the Department of Community
Affairs. Please. issue Augusta-Richmond County checks to the following Locai
Assistance Grant recipients:
GRANT NUMBER
02-C-L-112
02-C-L-131
02-C-L-246
02-C-L-288
AMOUNT
$21,000
$ 5,009."..,..,
$10,Oe.)
. $ 5,000
$25,000
$25,000
$25,000
02-C-L-390
02-C-L-558
02-C-L-559
02-C-L-610
02-C-L-617
$25,000
$100,000
02-C-L-655
$50,000
02-C-L-736
02-C-L-772
$40,000
$20,000
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
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.Page 00 1~ OF 001.,
Ve8dor No: 0000013727
:.V,mdor Name: BOARD, OF COMMISS lONERS.
~ 11-\ I t:. vr \.:Jl:::ur\\.;:tIM
DEPARTMENr OF COMMUNITY AFFAIR~,
ATLANTA., GA.
BANK 1100-1'000
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'::.~~..:~; .. . ~::~~~{ S~'A':~'~'E~' ~. OF:oG~ EO:I':R';~:"'G~" "I"(^" J~i(
. ~.;.'~:"'. . ~':::-._' H:', ~;I~ _, .~,._:,.. ~. M'_ .' \.#fs~~~
O'I;'l't.~.,.. .;t'~~o"~i~~~~,ri~:'~li~:~'~t.
','i';.!! .' i;j', '.:;:;,\>i,0:,~~~~Ck;i?h'\.. ~i;:;,:~;~6~:\' .. ..:;~;;t~),
'.'(I>OY 1DlIiIiOrd",'~#~":BO AR Oi', 0 Fi ,C OMhHSS'ION E RS:t;;
.V:':i!{;:, j:;:it ;,;,;r.K, ~0~~~~}S~r~G~~~rY+~'~. ',:.",
PB'iExB~t1y THR;E.EVHIJNDR'EO FIFT}i:'-ONE' THou's'AND,
"'~:\:"'~'.::.'::; ,.~r,; ::' "-:..: ,.,,, I .~~~~.!',~
,
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INVOICE
NUMBER
.02,-C-L-112
:02-C-L.-.131.
.02-C-L-246
;02-C-L-288
;:02- C - L.- 3 90
:02-C-L.-558
:02-C-L.-559'
',.02-C.-L-610'
. :'02":C-L-6.1 T.
i02-C-L-665.
;02-C-L-736
_02-C-L~772
.,.
GROSS
AMOUNT
21 ,000,00
5,000.00
10,000.00
5,,000,00
25.,000.00
.25,000.00
.25,000.00
25000 00
100,:000:.00
50,000:00
40,000'.00,
20:,000,00
INVOICE
DATE
08/21/2001. 000028473
08/21/2001 000028476
08/21/2001 000028474
.08/21/2001,. 000028466
08/21/200'1. '0000284,72
08'/21/2001' ,-000028.469;
08/21/2001. .00002847,1'
08/2'1/200'1' : 00002846,7'
08/2'1/200.1'. ": 00002 8468:
08/ 2'1'/ 2001;.~.:'. 000028478:.
.,08/2,1;;2001'... ;0000284,77.
08/2"1'/2001;:,000028475
. "'\
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<:;heck:No:
Check, Date: .
CheckTotal:
_ 0000050120
,.: -08/22/200.1
..$351:,000',00
. DISCOUNT
TAKEN
AMOUNT
PAID
21,000.00
. 5,000.00
10,000.00
5,000.00
25,,000:.00
::: 25 ,000.00
. .25,,000.00
, 25;,000',00
100:',000,.00
. 50,000>..00
.,:.40~,000,.00
>'20',000:.00 .
0.00.
0.00.
0.00
0.:00
0:.00.
.. ',0:.00,
. 0:00.
,0',00:
0.;00,.,
.. 0::
Y.'.
. .::'
....:
';".
$351,000.00
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. .,.,:~\~..",.,....,
mHOVIA'~;~::~;;!~ ,~~~~J~ril~flr;'Iz;jI;~~tl,
",o,~"'~"."".;....: ":/",,,"~i;~~,"~;.w,,,>~"~,,,,;;,;,:~';;~~;;~"''''."'''"'~~~~~~~~~~,=_::!E~~l:~:",~iL~'e~~i;E::t:~~~~~~~",;~,"-,,,,,,,~~';~~~"";"':"'~~"""",,~__;,,'s,:~=,_ur",,,,".
11100000 50 ~ 20111 .:0 b .0000 .0.: 07 0.7
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STATE OF GEORGIA )
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, rnade and entered into this -.5 day of June, 200 I, 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-RICHMOND COUNTY
, OPPORTUNITIES 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 tiled 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:
I. 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
perfonn 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 and enrichment 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
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o
o
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Police and fire protection;
:;
Garbage and solid waste collection and disposal;
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;
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 acceptf:d 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 ofthe 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
c:: _ _ ..-_'~
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 AUGUST A, 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 agreesto 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 publicrecord 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. ORGANIZA TION certifies that it is a tax exempt entity under S 50 l( 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 bel ief 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 AUGUST A and
ORGANIZA TION 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.
4
..
..
"'
"',,-"-'
13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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-RICHMOND COUNTY OPPORTUNITIES CENTER, INC..
IN WfTNESS 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-RICHMOND COUNTY OPPORTUNITIES
CENTER, INC.
ORGANIZATION
By: rf/jPAlld-~_._-
As its :e.(I/rd-a ry
ATTEST:
Title:
Sworn to and subscribed
before me this _ day of
, 2001.
Notary Public
My Commission Expires:
5
:"'i'~
... "
'.'
Grant No: 02-C-L-288
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 2nd day of July. 2001. 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 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 retumed 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.
;
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Grant No, 02-C-L-288
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-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 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 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.
..~
'7
Grant No. 02-C-L-288
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 pIivate 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 sectaIian institution." Ga. Const.,
Art. I, Sec. II, Par. VII.
(b). The "SectaIian 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 AmeIican 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. 02-C-L-288
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:'
Federal Employers ID Number:
5(5'" ;);;;JO 'f;; 'l l'
Attachments: -Exhibit A, "Scope of Services"
:1
;-
Grant No. 02-C-L-288
Page 5 of 5
EXHmIT A
The LOcal Assistance Grant shall be used by Augusta-Richmond County to contract for services with
Augusta/Richmond Opportunities Center. Inc. to provide after school and enrichment programs.
.. 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.
/'
~- .
~~
--~N---~
: . Augus~Ri_~b~Q~d Countv_.-
Finance-~,partm~nt
Memo
To: State Grant Recipient
From: AI Denis, Grants Manager
cc: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
In accordance with grant agreement ~-C-L-:2g;, it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or emplqyees (hereinafter collectively "Grantor") 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 applica.ble laws. Such
documentation shall be retained for at least three years from the completion of said
project and shall be made available to the Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial .
statement,. project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation of fund usage ora copy of an
audited financial statement which includeli expenditures of Agreement funds.
Name Ai:~ TelephoneNo~O?-7~'1-DY'f,b
Sig ature . \
(Please print) eJ= . 1\3 n h.~
Address~ ~DI ka..-ne-i -W.oH')er:- R>r"J..) ~u..s-h:,.)b-A 3690l-J-7d-7
. Page 1
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
August31,2001
Augusta Opportunities Center, Inc.
Ms. Lunette M. Brigham
1201 Laney-Walker Blvd.
Augusta, Georgia 30901-2727
Dear Ms. Brigham:
Enclosed is a check in the amount of $5,000 representing total payment of your
FY2001-2002 State of Georgia appropriations through the Georgia Department of
Community Affairs Local Assistance Grant Program No. 02-C-L- 288.
If I can be of further assistance, please feel free to call.
Enclosure:
AUGUSTA-RICHMOND COUNTY COMMISSION
060384
. . DESCRIPTION. ' . P.O':NUMBEW INVOICE NUMBER. ." INVOICEAMOUNT . ,.', .::'\NEFAMOUNF.
!LOCAL ASST GRANT AWARDS 02C1288 5,000.00 0.00 5,000.00
..
CHECK NUMBER CHECK DATE . TOTAL INVOICES DISC TOTAL CHECK TOTAL
060384 08/31/01 5,000.00 0.00 5,000.00
IIIObO :184110 ':Ob ~ ~0~:1 75':b8:10 ~48 :1g4111
,
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COlVIMISSIONER
July 9, 2001
Roy E. Barnes
GOVERt'lOR
Honorable Bob Young
Mayor
Augusta/Richmond County
530 Greene Street
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 2002 State Budget. The attached contract when executed commits
state funds to contract for services with Augusta/Richmond Opportunities Center, Inc. to provide after
school and enrichment programs.
I must call your attention tp 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
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full payment.
Please note that your Federal Employers L 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,
:/\ .
. -
,
LxIA'l'-/
Ifni Higdon
Commissioner
JH/ja
Enclosure
cc: Richmond County Legislative Delegation
O;L -Cl- -& /D
EQUAL HOUSING ~
OPPORTUNITY L.:J
.60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940
www.dca.state.ga.us
All Equal Opportltllity Employer
@ Recycled Paper
~
'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
July 16, 2001
Mr. Henry H. Brigham, CEO
Augusta Richmond Opportunities Center, Inc.
1201 Laney-Walker Blvd.
Augusta, Georgia 30901
Dear Mr. Brigham:
Enclosed is a Grant Agreement and a Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies.
Should you have any questions or need any additional information, please feel free to
. call me at 706-821-1820.
Very truly yours,
~f:Ji~..
Clerk of Commission
Enclosures:
",.
.-~--.
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE. JR.
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
WM. "WILLIE" H. M.A YS, III
Mayor Pro Tem
MEMORANDUM
To:
AUGUSTA-RICHMOND COUNTY OPPORTUNITIES CENTER, INC.
From:
Jim Wall
Date:
June 5,2001
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 fora 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 inslire it accurately
states the purpose for which the grant will be utilized.
The second concern was the' constitutional prohibition against paying fUl1ds 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, sll1ce 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 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
July 16, 2001
Mr. Henry H. Brigham, CEO
Augusta Richmond Opportunities Center, Inc.
1201 Laney-Walker Blvd.
Augusta, Georgia 30901
Dear Mr. Brigham:
Enclosed is a Grant Agreement and a Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies.
Should you have any questions or need any additional information, please feel free to
call me at 706-821-1820.
Very truly yours,
~~~
Clerk of Commission
Enclosures:
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE BEARD
ULMER IlRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUlILKE. JR.
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. KOLIl
Administrator
WM. "WILLIE" H. MAYS, III
Mayor Pro Tem
MEMORANDUM
To:
AUGUSTA-RICHMOND COUNTY OPPORTUNITIES CENTER, INC.
From:
Jim Wall
Date:
June 5, 2001
The Attomey 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 req'uiring that the City audit address all grant funds. Therefore, please note the
language included in paragraph 3.
I have attached two copies of the coIitract, sll1ce we must provide one copy to DCA. The
rem_aining copy is for the City's records.
_ _Please execute both copies oftl}~.~ollt~ac!in order that they may be returned to me. Further, if
you ~}l<?uld have any questions conc~rning either the scope of services or the certification, please call me.
.~- -, ..
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
August 22, 200 I
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $351,000 representing payment for the following Local
Assistance Grants:
J1p;d iti..uJo&d-orantNo. 02-C-L-1l2 $ 21,000~rant No. 02-C-L-559
~,~i/1J'~ I)1;;Grant No. 02-C-L-131 $ 5,000 Grant No. 02-C-L-61O
.~~~ Grant No. 02-C-L-246 $ 10,000 Grant No. 02-C-L-617
1k.~~1Jid. Grant No. 02-C-L-288 $ 5,000 Grant No. 02-C-L-665
lJiJIJ.iAu ~ Grant No. 02-C-L-390 $' 25,000 Grant No. 02-C-L-736
~tJt~ Grant No. 02-C-L-558 $ 25,000 Grant No. 02-C-L-772
Also enclosed are copies of the executed contracts 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 l, 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 Acco'unts. 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.
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,
..~~
Jim Higdon
Commissioner
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
All Equal Opportunity Employer
@ Recycled Paper
Office of The Clerk of com~n
..
~,.
,'\..
:
Lena J. Bonner, CMC
Clerk of Commission
Room 806 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
(706) 821-1820 - FAX (706) 821-1838
Nancy Morawski
Deputy Clerk
MEMORANDUM
TO:
Ms. Donna Williams, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
August 24, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the 'amount of $351,000 from the Department of Community
Affairs. . Please issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
; GRANT NUMBER AMOUNT
02-C-L-112 $21,000
02-C-L-131 $ 5,OOQ._....,.~., .'._
02-C-L-246 $10,0C-)
02-C-L-288 $ 5,000
02-C-L-390 $25,000
02-C-L-558 $25,000
02-C-L-559 $25,000
02-C-L-610 $25,000
02-C-L-617 $100,000 .._~
..-.
02-C-L-655 $50,000
02-C-L-736 $40,000
02-C-L-772 $20,000
As you know,. these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
.:> I f\ It:. ur Ut:.Vt"\I...:IIM
DEPARTMENT OF COMMUNITY AFFAIR~
. .'
Check.No:
Check.Date.:'
. 'Check Total:
0000050120
',. '..08/22/2001
. $35 t, 000" 00
.,',
;.
Page 001 OF 001
Vendor No: 0000013727
. Vendor Name: BOARo.,OF COMMI'SSIONERS
~i~,. .' .~t1k'~: {:j.i; SmAmE.O E~EORG'iA::' .:~l~ '
,,' ,..,'-"" ':(;'f,,;;,> 'DEPAR:,T.MENT:,';OF'.CaMMUN,I.:T:.Y""A'F.F.A:IRs:.~;t;,~,'
_\,~.~.:t.::....,:..:.,..,.,:~,:.'..:..,:..-.'",::..:.<.....,~.:.......;:.'.:.:.',,:;:...:....,'~,..:.:.r,;.;.t~.f.;:.~,.,....,.,,:.:....T..E"~"'<:':"'::~:i.~.:..,..,....A.U.,..:':,..,.:."N,.T.:",:;,:,.....,T.L.....:,;..:...'..:,~.~..t9,i..~:.P.......,...:,:...~,."'::,:':':"~'~"".:'.,,~01~~~~~~.::,,,,~.-.ir' \~;'t.
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(;j:Jt ,~:~~;." ;tWl;f,'X~i7t~;.~~} 'C!~~A(~:~~' :.,i ';,"
t' P"Y':j'<~CtlY T.~,~~::::'HUN~~5~".~~.~:,J'r-~N~ TH(i.~~~:~D.
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INVOICE
NUMBER
02:-C-L-112
"02-C-L.-131'
,02-C-L-246
':02-C'-L-288
~'02-C-L-390
:02-C-L.-558
.:02-C-L-559'
\.02-C-L-610'
"02":C-L-6.1T
'02-C-L-665.
i02-C.-L-736'
:02-C-l-772
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A TLANTA,GA
BANK 1100-1000
GROSS
AMOUNT
. DISCOUNT
TAKEN
AMOUNT
PAID
08/21/2001 000b28473
08/21j2001 ~00028476
08/21/2001 "000028~~*
'08/21/2001'. 000028466
08/21/200:t 00002'84'.72
08/2:'1/200.1:' .':.000028'469,
. _ .08/21/2001 0000284.7'1:.
08/21i/200:1," 00002846.7:'-
08/2'1./200.1'. ..' .':.: 000 0284 6 8:
. 08 /2'1,/200:t. :.: 0000284.78:.
'.08/2,1:/200:'1" '.' :0000284:77,
08/21:/2001;" .000.02.,8~?5:
21,000.00
. 5',000.00
10,000.00
.. 5 ,000 .00
25,.000:.00
.25.000.00
25,,000.00
25:;,000'.00.
tOO:, 000;. 00'
.' 50',000::00
'.:40' 000' 00
;20'<000::00
0'.00.
0:00. '.
0..00
0'.00
21,000.00
5,000.00
10,000.00
5,000.00
25,000.00
:25,000.00
25.,000.00
25,000...00:
100.,000',00
50,,000.00
40,000.00.
20',000.00
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STA TE OF GEORGIA )
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this:L day of June, 2001, 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 NEW HOPE 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 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 CONSIDERA nON of the mutual covenants and agreement
between the parties, it is agreed as follows:
I. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION
accepts, the sum of$IO,OOO.OO (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. .
AUGUST A has the power to perform such services under the Constitution of the State of Georgia,
Atticle 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
.. ..
o
t!
o
o
~.
Police and fire protection;
Garbage and solid waste collection and disposal;
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
St0fl11 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;
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
infonnation, documents and/or photographs that AU.GUSTA, 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 madeavailable 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 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 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 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. 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. ORGANIZA TION 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. 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,
ORGANIZA TION 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
ORGANIZA TION 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.
4
4
13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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 HOPE COMMUNITY CENTER.
~~(.~~f!t~
'Ke.l). t-avyy ~7pA/
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.
AU
~y
Notary Public
My Commission Expires:
5
~
_~. '7-.> !,.
t;,
~..: .!-
. \}
Grant No. 02-C-L-246
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 2nd day of July, 2001, 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 t? 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 allrequisite 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 sald . 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 scheaule:
$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.
A'
I
'.~
Grant No. 02-C-L-246
Page 20f 5
5. Conflicts of Interest, TIle 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 !345-1O-28 and O.C.G.A. !336-67A-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. Monitoring and Auditing. Upon request. the Recipient agrees to provide the
Department with any information. documents and/or photographs the Deparbnent 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 Deparbnent, shall preclude the Recipient from applying for or receiving any further grants or
other funds from the Deparbnent. 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 th~ Recipient.
8. Open Meetin~ 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 Deparbnent. 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. 02-C-L-246
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 Redpient shall be required to return to the Department all
funds disbursed under this Agreement, upon request.
12. Sectarian Aid. (a). One of the qmstraints 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 tl1is 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 ~o 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. 02-c-L-246
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 DEPARfM
Mayor
/
By:
By:
Federal Employers ID Number:
5g.. ;t.?t5'1~7Y
Attachments: Exhibit A. "Scope of Services"
f .
...~
Grant No. 02-C-L-246
Page 5 of 5
EXHIBIT A
The Local Assistance Grant shall be used by Augusta-Richmond County to contract for services with
New Hope Community Center 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 appropliation specifies not only an implementing entity but also a use of
funds by the entity. such as improveJIlent 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.
----~ -- -
j ------;--------
j "
: Augusta~Ri~h~~"~ Coun~_
Finance Department
~ I '
Memo
To: State Grant Recipient
From: AI Denis, Grants Manager
cc: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
In accordance with grant agreement ~-C-L-~, it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial.
statement, project completion report of independent investigation of the Grantor, shall
preClude the Recipient from applying for or receiving any further grants or otlierfunds
from the Grantor, until such fi~dings are resolved to the satisfaction of the grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation of fund usage or a copy of an
audited fin cial stat ment which' c1udes expenditures of Agreement funds.
""'Name ~ Telephone No. ";l:/P-~' -IP(}/
Sig ature ~ r r .
(Please print)7)eu, f..{ly(rj f-vV N
Address /.3 3t.. GonU), A-J,nb<-6"1i'1;v5~, ~- Java!
. Page 1
Office of The Clerk of Com,mission
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 31, 2001
New Hope Community Center
Rev. Larry Fryer, Executive Director
1336 Conklin Ave.
Augusta, Georgia 30909
Dear Rev. Fryer:
Enclosed is a check in ilie amount of $10,000 representing total payment of your FY2001-2002
State of Georgia appropriations through the Georgia Department of Community Affairs Local
Assistance Grant Program.
If I can be of further assistance, please feel free to call.
Enclosure:
AUGUSTA-RIChlMOND COUNTY COMMISSION
060668
,'DESCRIPTION '. ' P.O~.'NUMBER> INVOICE NUMBER, ,INVOICE AMOUNT.:" ' :<", ': NETAMOUNT
iLJOCAL ASST GRANT AWARDS 02CL246 10,000.00 0.00 10,000.00
..
-
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
060668 08/31/01 10,000.00 0.00 10,000.00
II' 0 bOb b 811' I: 0 b 1J ~ 0 .. l 7 5 I: b 8 lO .. L. 8 l 9 L. II'
)1
::-?7~ fj
. 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
July 16, 2001
Rev. Larry Fryer, Executive Director
New Hope Community Center,
1336 Conklin Ave
Augusta, Georgia 30901
Dear Rev. Fryer:
Enclosed is a Grant Agreement and a Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly t6 my attention so thatthe disbursement can be handled expeditiously
once we receive the grant monies.
Should you have any questions or need any additional information, please feel free to
call me at 706-821-1820.
Very truly yours,
#n
Lena J. Bonner,
Clerk of Commission
Enclosures:
~"'~--.!7-~~\
AUGUSTA~RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR.
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
WM. "WILLIE" H. MAyS, III
Mayor Pro Tern
MEMORANDUM
To:
NEW HOPE COMMUNITY CENTER
Froin:
Jim Wall
Date:
June 5, 2001
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 asmay 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 requiringthatthe City audit address all grant funds. Therefore, please note the
language iiicluded 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 coritract in order that they may be returned to me. Further, if
you should have any questions concen.ling either the scope of services or the certification, please call me.
'.
Sep 11 '01
9:55
P.02
..-.
"-'.
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim H,igdoJ:1
COMMISSIONER
July 9,2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Mayor
AugustalRichmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
I am pleased to advise you that $10,000 in Local Assistance funds for AugustalRichmond County
has been included in the Fiscal Year 2002 State Budget.. The attached contract when executed commits
state funds to cono'act for services with New Hope Community Center 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, e\llt, religious denomination or sectarian institution. Should
this gram 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 Aof 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
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full 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)
6794943.
Sincerely,
~.
Commissioner
JH/ja
Enclosure
cc; Richmo.od County Legislative Delegation
60 Executive Park South, N.E.. Atlanta, Georgia 30329-2231. (404) 679.4940
www.dca.state.ga.us
An Equal OppeJr/unilj EfI1{Jloyer
* Recycled Papa
eQUAL HOUSING~.
OPPORTUNITV L:J
"
. '
GEORGIA DEPARTlVIENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
August 22,2001
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Roy E. Barnes
GOVERNOR
Enclosed is a check in the amount of $351,000 representing payment for the following Local
Assistance Grants:
Jp;d 1IN..u1 OfAJJ.A3 rant No. 02-C-L-l12 $ 21,000~rant No. 02-C-L-559
7!,~;"'T~ tf,:vGrant No. 02-C-L--131 $ 5,000 Grant No. 02-C-L-61O
.~~~ Grant No. 02-C-L-246 $ 10,000 Grant No. 02-C-L-617
~~~1Iid Grant No. 02-C-L-288 $ 5,000 Grant No. 02-C-L-665
'./JJJIdiAu ~ Grant No. 02-C-L-390 $ 25,000 Grant No. 02-C-L-736
tutt;t~ Grant No. 02-C-L-558 $ 25,000 Grant No. 02-C-L-772
Also enclosed are copies of the executed contracts 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 I, 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.
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,
c;?~
. . Jim Higdon
Commissioner
JH/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
i" ..r
Office of The CJerk 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
MEMORANDUM
TO:
Ms. Donna Williams, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
September 4, 2001
SUBJECT: Department of Community Affairs
Local Assistance Gral1t Awards
Enclosed is a check in the amount of $190,000 from the Department of Community
. Affairs. Please .issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
ORGANIZATIONS GRANT NUMBER AMOUNT
Auqusta Opera 02-C-L-590 $25,000
Auqusta Recreation Dept. 02-C-L-128 $ 5,000
Auqusta Players 02 -C-L -591 $10,000
Auqusta Cotton Exchanqe 02-C-L-944 $50,000
Delta House Laney 02-C-L-660 $75,000
Museum
Augusta Museum of History 02-C-L-587 $25,000
Augusta Youth Center 02-C-L-602 $5,000 ,
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
1
:~ ~.
.
STATE OF GEORGIA
RICHMOND COUNTY
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this -5 day of June, 2001, 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 OPERA hereinafter referred to as the
"0RGANIZA TION");
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 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.
A UGUST 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:
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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
I ights, 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
M"
Public transpOltation;
Libraries, archives, and mts 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 fLllther 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 oftheir 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
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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 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 paJties 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
or
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 0.( 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 43~. "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 impOltance in the life of a community or society." The American Heritage Dictionary Second College Edition
666 (1982). I n 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.
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 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
ORGANIZA TION 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.
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13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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 OPERA.
TN 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.
Cf'.
AUGUSTA OPERA
ORGANIZA nON
By:
As jtsc6'J2A~_'D~
ArrES~
Title: I
Sworn to and subscribed
before me this _ day of
, 2001.
AUG
Notary Public
My Commission Expires:
5
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Grant No. 02-C-L-590
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 2nd day of July. 2001, by and between the Department of
Community Mfairs 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 Project. ll1e pepartment 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.
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Grant No. 02-C-L-590
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-l through 936-67A-6 and that the aforementioned parties
shall continuously comply with the sam~ 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 Agieement 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 state~ent. 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. ~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. Ouen 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.
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Grant No. 02-C-L-590
Page 3 of 5
11. Satisfaction. In the even~ the Department determines, in its sqle 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 acti.ons 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
services by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not
engage Salvati on 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 (198~). "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]
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Grant No. 02-c-L-590
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreernent as of the date fIrst written
above.
FOR THE RECIPIENT
FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS
By:
By:
~cW'~. .
DCA ommissioner
Federal Employers ID Number:
58-2204274
Attachments: Exhibit A. "Scope of Services"
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Grant No. 02-C-L-590
Page 5 of 5
EXHIBIT A
The Local Assis~ance Grant shall be used by Augusta~Richmond County to help restore services for the
Augusta Opera 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.
- ,~, . -.-
. I .-:----
.' Augus~8j~11~~~ ~unty__
Finance Department
. . - 1 '
. -
Memo
To: State Grant Recipient
From:AI Denis, Grants Manager
. CC: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
In accordance with grant agreement ~C-L-..5f-Jit is acknowledged that upon
request the Recipient agrees to provide the. Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") 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 Grantor. 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' for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation offund usage or a copy of an
audited financial statement which includes exp.enditures of Agreement funds. . .
Name~ ~~ TelePhoneNo.70(./?'Vo-Lf7/0
Signature.. r
(Please print)Edw~rcl.. . 5ro.A be<r ~
Address Au..~ 0 r~
~~~~~
13C( G~ S?t~ I ~ ItrlJ
Hagel ~ GA ~"Ol
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 6,2001
Mr. Ed Bradberry, Executive Director
Augusta Opera Association
1301 Greene Street
Augusta, Georgia 30901
Dear Mr. Bradberry:
Enclosed is a check' in the amount of $25,000 representing total payment of your
FY2001-2002 State of Georgia appropriations through the Georgia Department of
Community Affairs Local Assistance Grant Program C-L-590.
If I can be of further assistance, please feel free to call.
:J;;.UIY yours,
~ena ~. onner,
Clerk of Commission
.Enclosure:
.~~
AUGUSTA-RICHMOND COUNTY COMMISSION
061079
" :,'DESCRIPTION ;".P.O"NUMBER'" .'.INVOICENUMBER. .. INVOICEiAMOUNT .- . ,..; ".'~":'NET'AMOUNT
8RANT AWARDS 090701 25, 000 00 0 00 25, 000 .00
... - - ..
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
061079 09/07/01 25, 000 00 0 00 25, 000 00
" ;,,~'A-~;.{,~-. -',:€' r:.~::.~;:.~ " -:: .".~ '::<~:''':'. '".:..';;}'0f.;:
.;..~ ::,.1 '.' 1~1':i I~' I " ;':~,:'/:;()}~ -:/:~':~"~\~,,,~~:,'~,\\~:;.~j:,~'~,' ~\,'~l'~' "t'" A'!;,'
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'.~ ; . I~NT .c9.!1gT;~OU,t.!=~!'.
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. FIRSli'UNIQN,NAi10NAiil:sANK
. ';;_,.,'\:A~~USTA,.GEORGIA:, :.,:'
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II- 0 b ~ 0 7 g II- I: 0 b ~ 0 0 0 2 2 7 I: 2 0 8 0 0 0 0 7 0 2 8 7 b II-
. GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
Roy E. Barnes
GOVERNOR
September 5,2001
Honorable Bob Young, Mayor
Augusta~Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $190,000 representing payment for the following
Local Assistance Grants:
Grant No. 02-C-L-587
Grant No. 02-C-L-590
Grant No. 02-C-L-591
Grant No. 02-C-L-602
Grant No. 02-C-L-660
Grant No. 02-C-L-944
$25,000/)nC-7 IJ1 ~SEll A..
$25,000/tzl6 t!j)e.-rJA
$10,000 ~ .pL('rlIL~5
$ 5,000 flu<$ 2(tflfrqCrp.
$75,000'-"t-'U.4 ti;usr:- .t .t.L'kM'El.(./II~Eult\..
$50,000 1r~~.OT7d;V€'tC~i'
Also enclosed are copies of the executed contracts 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 reporting 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,
~Hr
Jim Higdon
Commissioner
JH/ j a
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
INVOICE'
NUMBER
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:02-C-L-590. .
. 02'-C.-L-591
. 02.-.C~L-602'
,02-C-L-660
:,02,-C'-L-944; "
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GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 18,2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
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 2002 State Budget. The attached contract when executed commits
state funds to help restore services for the Augusta Opera 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, YOLl 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 full 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,
9~
Jim Higdon
Commissioner
JH/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
All Equal Opportullity Employer
* Recycled Paper
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
July 16,2001
Mr. Ed Bradberry, Executive' Director
Augusta Opera Association
1301 Greene Street
Augusta, Georgia 30901
Dear Mr. Bradberry:
Enclosed is a Grant Agreement and a Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through
. the efforts of our local Legislative Delegation. Please execute both agreements and
retl:lrn "promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies.
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 A TIORNEY
LEE BEARD
ULMER BRIDGES
. JERRY BRIGHAM
HENRY H. BR(GHA~1
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE. JR.
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
WM. "WILLIE" H. MAyS, III
Mayor Pro Tern
MEMORANDUM
To:
AUGUSTA OPERA
From:
Jim Wall
Date:
June 7,2001
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
priv;;lte 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 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
July 16, 2001
Mr. Ed Bradberry, Executive Director
Augusta Opera Association
1301 Greene Street
Augusta, Georgia 30901
Dear Mr. Bradberry:
Enclosed is.a Grant Agreement and a Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community-Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies.
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:
Office of the Mayor
Bob Young, Mayor
Room 806, Municipal Building
530 Greene Street, Augusta, GA 30911
(706) 821-1831 - FAX (706) 821-1835
E-mail: mayoryoung@co.richmond.ga.us
July 23, 2001
Honorable Jim Higdon, Commissioner
Georgia Department of Community Affairs
60 Executive Park South, N.E.
Atlanta, Georgia 30329
Dear Commissioner Higdon:
Enclosed are executed DCA Agreements for the following fiscal year 2002 Augusta-Richmond
County grant recipients:
ORGANIZATION GRA1~T NO. M! 0 UNT
Au~sta()pera 02-CL-590 $25,000
Augusta Museum 02-CL-587 $25,000
Delta House 02-CL-660 $75,000
Au~sta Youth 02-CL-602 $ 5,000
Augusta Players 02-CL-591 $10,000
Augusta Cotton 02-CL-944 $50,000
Exchange Museum
As always, we appreciate your continued assistance in the administration of Augusta's grant
awards.
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMESB. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR.
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. KOLIl
Administrator
WM. "WILLIE" H. MAYS, In
Mayor Pro Tem
MEMORANDUM
To:
AUGUSTA OPERA
From:
Jim Wall
Date:
June 7, 2001
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
priv~te 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 il1qliiries 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 tile -tityuaudit address all grant funds. Therefore,please note the
language included-in paragraph 3.
. I have attached two copies of the contract, sll1ce we must provide one copy to DCA. The
remaining copy is for the City's reco'rds.
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 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 prepar.ed for each. grant
awarded to the local government. The Grant Certification Form(s) should be submitted to the
State Auditor with one c.opy 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 form should be used for
each 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 CP A 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 governinent'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 perform an
audit or perform 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 form 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
~#..
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STATE OF GEORGIA GRANT CERTIFICATION FORM
A Local Government
B Information For Year Ended
I
C State Awarding Agency
,
D Grant Identification Number
E Grant Title
F Grant Award 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 J)
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
..
:~
IndeTJendent Accountant's ReTJort
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 resP9nsible for [name of government]'s compliance with this requirement. Our
responsibility is to express an opinion on management's assertion about the [name of.
governmem]'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 of government]' 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.
'~ ,
It
.,
. Office of The Clerk of com~n
.,
, .
;/
Lena J. Bonner, CMC
. Clerk of Commission
Nancy Morawski
Deputy Clerk
. MEMORANDUM
TO:
Ms. Donna Williams, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
August 24, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Room 806 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
(706) 821-1820 - FM (706) 821-1838
Enclosed is a check in the amount of $351,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
GRANT NUMBER
02-C-L-112
02-C-L-131
02-C-L-246
02-C-L-288
02-C-L-390
02-C-L-558
02-C-L-559
02-C-L-610
02-C-L-617
02-C-L-655
02-C-L-736
02 -C-L -772
AMOUNT
$21,000
$ 5,OO9..~..."..
$10,Oe:)
$ 5,000
$25,000
$25,000
$25,000
$25,000
$100,000
$50,000
$40,000
$20,000
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
DEPARTMENT OF COMMUNITY AFFAIRS.
ATLANTA:', GA'
BANK 1100-1"000
.' Check. No:
'. 'Check.Dale:
:"Check'Totai:
.0000050120
. . ..08/22/2001
. $351, OO~'" 00
. ; ~~.
Page 001 OF 001
Vendor No: 0000013727.
:'Ven,dor Nfme: BOAI<1D OFCOMM rSs IONERS
.......
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08/22/2001'
{~~:2~~1~i~~i~i..g,!![:~~~E~_,.,_,
p~'~,ExacUY THREEi,.'liuNDREO': F:ui:r;V:,,.:ONE TH'OUSi"t-.i'il
~; , t,!',:!~,.::.::\::.~' ";,F-': " ':{{~;!.:('r.~~T ":~~~.w1.;'
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INVOICE
NUMBER
'.02:-C-L-112
:02-C-L--131'
'02-C-L-246
:02-C-L-28'8'
'02'-C-L-390
:02-C-1..-558
.02-C-L-559
',02-C-L-610.'
:.02-C-L -6,17'"'
i02-C-L-665,
'02-C,-L-736
:02:-C-L-772
t>;
.' ..
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. DISCOUNT
TAKEN
GROSS
AMOUNT
21,000.00
'5,000.00
10,000.00
5,,000.00
25,000.00
25 ,000'.00.
.25,000.00
25 000"00
100:000:00
50,000.00
. 40,000;'.00.
20',000.00
;:'F
. 21,000.00
5',000.00
'.10,000.'00
5,000.00
'25,.000:.00
"::".25,000.00
': . 25,,000,. 00
;..25,,000>.00
.100:., OOOi. 00'
.' 50,000:.00
~:40',OOO:..00
, ~?~;~.,o,OO:..oO
. . /.
INVOICE
DATE
08/21(2001 000028473
08/21j2001' .000028476
08/21/2001000028474
08/21/2001, 000028466
08/21/2001 0000284.72
08/21/2001.' .,000028'469'
08/21/.2001' ,.0000284.7'.1:'
08/211200'1, . 00002846,7:.
08'/H/200.t.. '000028468: .
'08/2'1:/200'1;' :'" 0000284.78:
..08-/21:/2001'.... :0000284;'P'
08/21/2001: ';.;~0,0.0.~,~:8.475.:
."
...
0'.00
.0.00,
0..00
0'.00
'0;'.00
.0:".00. '.
0:00: .. ','
:,.0'.00: ....
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0::.00'
..0,00.
;..:.......0'..00:.,.. ", '..
," .'
. ~ ':
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. .
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. ..~:~~*{ . . L:~'{; S;FAmE: 0 F.~~ EOEf~ifA:
~~~~';i..., OEPAR',l'M ENT,;;OF 'COMMUN:U,'f-';NF.FAI R:
.t~l'~O~i!iir~~I~C~i~oi~;IiE.. .
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$351 ,000 .00
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'-.:,:;".:: ,..,~~,',~.: '~..\-.'~.:.;..'.~.'~.'. .'... ~..:,.",;'::..:~,:.".:'.;':,....;..,.~:,'..:_..-.:,.", ~- /.' ;'.'_:~ ~..;,::,;.:..:...":.:,:','.:..'.':,'::,;' ~.;;~.,:,~:','. ~~~~:
.. .;...., ':",...",,' . .." . . .~~~..~.;.;:..;;~.:.J~'~-':':l~~.'.f:. ' ,'. ' : , .:" . '
,"::.r~,::~:,:;,~,:::lfj~~.~,~;..,.~,[::;''';;;:~J;;;''-~L--',",-'',,",--~"''~
11100000 50 ~ 20111 1:0 b 1.0000 ~Ol: O? 0 ~?
L. b Sill
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I
STATE OF GEORGIA )
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this!) day of June, 2001, 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 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 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 recreational programs, including the purchase of boxing equipment.
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
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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;
~/
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. ORGANIZA TION further agrees to expend the Funds for the said purposes and to account
for such Funds in accordance with generally accepted accollnting 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 avai lable to AUGUSTA upon request. ORGANIZATION further agrees that an accounting ofthese
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
. . /'-
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r
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 ORGANIZA nON 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 fulfilI 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. 950-18-70, et seq.).
ORGANIZATION shall cooperate fully iri responding to such request and making all records, not exempt, available
for inspection and copying as provided by law.
7. ORGANIZATION celtifies that it is a tax exempt entity under S 501(c) of the Internal
Revenue Code.
8. ORGANIZA TION 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
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"
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'j'
... -;
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.
1 O. AUGUSTA 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.
1 ]. In addition to the indemnification provision set forth in paragraph 4 hereof,
ORGANIZA TION 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 COlllt of Richmond County, Georgia.
4
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13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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.
(q:l.q WALTo,,", W~IJ
A'^-~\..lS -tA. C, ~
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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 BOXING CLUB
ORGANIZA TION
By: ~-YY7d/~
As its . t=- I' e (' ~ + i V ~
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ATTEST:
Title:
AUG
cfJ
Sworn to and subscribed
befor ,.;lle~thisd~/fiIay of
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My CommiSsion ,Expires 'Aug. 3. 2002
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Grant No. 02-C-L-610
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 2nd day of July. 2001, 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. 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 Pro1ect. 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 hinds 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 ~chedule:
$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.
J
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"
Grant No. 02-C-L-610
Page 2 of 5
5. Conflicts of linterest. 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 !345-1O-28 and O.C.G.A. !336-67 A-I through !336-67 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 LegaIlv Bindin~ 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 Agencv or Partnership. Nothing herein nor any actions of the parties hereto or their
agents or employees shall create any agency relati<)J1ship. 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.
~
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Grant No. 02-C-L-610
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 orgarlization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not
engage Salvation Army to conduct welfare program). This is tIue 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]
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Grant No. 02-C-L-610
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written
above.
FOR THE RECIPIENT
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By: I (fJ1/J LA--'
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Mayor
Federal Employers ID Number:
5)5'- 2J:;)lJf J 71
Attachments: Exhibit A, "Scope of Services"
MENT OF COMMUNIlY AFFAIRS
By:
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Grant No. 02-C-L-610
EXHIBIT A
Page 5 of 5
The Local Assistance Grant shall be used by Augusta-Richmond County to purchase boxing
equipment for the Augusta Boxing Club.
. 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.
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- Augusta~j~~Q!1d: County_-
Finance Department
'. "i - .
Memo
To: State Grant Recipient
From: AI Denis, Grants Manager
cc: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
In accordance with grant agreement &-C-L- ?/l>, it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (he~einafter collectively "Grantor") 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 Grantor. 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 ,for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project-funds, whether based on an audit report, financial
statement, project completionrepcirt of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such finding's 'are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation of fund usage or a copy of an
audited financial statement which includes expenditures of Agreement funds.
Name Sig~ 'Y'V1 c1)azA Telephone No. '70 (,.7 33 . 7533
(Please print) --r-; fV\ fV1 Q r a e }l? J'
Address .' '9 .2 r W A Lf.-d /U (JJ qu
/ltr.G CfS (A, G 6:S(Yl() r
. Page 1
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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 31,2001
Augusta Boxing Club
Mr. Tom Morates, Executive Director
.1929 Walton Way
Augusta, Georgia 30904
Dear Tom:
Enclosed is a check in the amount of $25,000 representing total payment of your
FY2001-2002 State of Georgia appropriations through the Georgia Department of
Community Affairs Local Assistance Grant Program No. 02-C-L- 610.
If .I can be of further assistance, please feel free to call.
Very truly your
~J. Bonner,
Clerk of Commission
Enclosure:
AUGUSTA-RICHMOND COUNTY COMMISSION
060373
'. . .~- .... ' , DESCRIPTION, P.O. NUMBER' :":INVOICE NUMBER ' , :' ,INVOICEAMOUNT" "NEFAMOUNT'
LOCAL ASST GRANT AWARD 02CL610 25,000.00 0.00 25, 000.00
- - ' - ~ - ..
CHECK NUMBER CHECK DATE TOTAL INVOICES OISC TOTAL CHECK TOTAL
08/31/01 "
060373 25,000.00 0.00 25, 000.00
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',: ,REGi6NS,BANK'OFfGEORGIA\.
, "AUGl:JSTA';.GEORGIA
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1110 b 0 l 7 llll I: 0 b ~ ~ 0 .l 7 5 I: b a l 0 ~ ~ a l g ~ III
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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
July 16, 2001
Mr. Tom Morates, Executive Director
Augusta Boxing Club
1929 Walton Way
Augusta, Georgia 30904
Dear Tom:
Enclosed is a Grant Agreement and a Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies.
Should you have any questioris 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
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR.
STEPHEN E. SHEPARD
MARION WILLIAMS
BOB YOUNG
Mayor
P.O. Box 2] 25
454 GREENE STREET
AUGUSTA, GA 30903
Bus. (706) 821-2488
FAX No: (706) 722-5984
E-MAIL: JWALL@co.RICHMOND.GA.US
GEORGE R. KOLIl
Administrator
WM. "WILLIE" H. MAYS, III
Mayor Pro Tem
MEMORANDUM
To:
AUGUSTA BOXING CLUB
From:
Jim Wall
Date:
June 7, 2001
The Attorney General issued a Memorandum to Jjm 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,] 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 orga!1ization being eligible for the grant funds.
. Also, the State is requiring that the Cityai.ldit address all grant funds. Therefore, please note the
language included in p~ragraph3.
I have attached tWQ.copies of t1}e contract, sll1ce we must provide one copy to DCA. The
remainingc9PY is forthe City's-records.
Please execute bot~ copies of the contract in ord~r that they may .be. returned to me. Further, if
you should have any questions conceniiilg either the scope of services or the certification, please call me.
\"
....;
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 9,2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Mayor
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 2002 State Budget. The attached contract when executed commits
state funds to purchase boxing equipment for the' Augusta Boxing Club.
I must call your attention to two provisions in this contract that based on advice from the Attorney
General deserve your careful att~ntion.
The firs~ 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 YOLl 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
both copies to me. I will then sign for the Department and return a copy to you along with a check
repres~nting the full 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.
JH/ja
Enclosure
cc: Richmond County Legislative Delegation
0)- CL -f;;O
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 ElIlplover
* Recycled Paper
..,-"" ...."-
--- .~'--t~
.,;' 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
July 16, 2001
Mr. Tom Morates, Executive Director
Augusta Boxing Club'
1929 Walton Way
Augusta, Georgia 30904
Dear Tom:
Enclosed is a Grant Agreement anda Monitoring and Auditing Agreement between your
agency and the CitY of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies.
Should you have any questions or need any additional information, please feel free to
call me at 706-821-1820.
Very truly yours,
d!:!~
Clerk of Commission
Enclosures:
.~/"'r> .~~-
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'i"
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE. JR.
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.RICHMONO.GA.US
GEORGE R. KOLB
Administrator
WM. "WILLIE" H. MAYS, III
Mayor Pro Tem
MEMORANDUM
To:
AUGUSTA BOXING CLUB
From:
Jim Wall
Date:
June 7, 2001
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 (!nd 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 alldit address all grant funds. Therefore, please note the
language included in paragraph 3.
. I have attached two copies of the contract, Sll1ce 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 re~urned 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
COlYTh'llSSIONER
August 22, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $351,000 representing payment for the following Local
Assistance.Grants:
~d lIi--uj~rJ.AJrant No. 02-C-L-I12 $ 21,000~rant No. 02-C-L-559
~,4;~~ tf;vGrant No. 02-C-L-131 $ 5,000 Grant No. 02-C-L-61O
.If/bu ~~ Grant No. 02-C-L-246$ 10,000 Grant No. 02-C-L-617
1H~'d.Al.l1Ii{ Grant No. 02-C-L-288 $ 5,000 Grant No. 02-C-L-665
'jJj)jil.Mu ~ Grant No. 02-C-L-390 $ 25,000 Grant No. 02-C-L-736
tutit~ Grant No. 02-C-L-558 $ 25,000 Grant No. 02-C-L-772
Also enclosed are copies of the executed contracts for your files.
Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a
new law effecti ve January I, 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 arid 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-~1l5.
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,
~~
. Jim Higdon
Commissioner
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 Opportunity Employer
@ Recycled Paper
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
August 22, 200 I
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $351,000 representing payment for the following Local
Assistance Grants:
/1t;fJ() ~..ujo&cJNrantNo. 02-C-L-1l2 $ 21,000~rant No. 02-C-L-559
T!.~~i/~~ I.JA,;Grant No. 02-C-L-131 $ 5,000 Grant No. 02-C-L-610
1j)JJv~~ Grant No. 02-C-L-246 $ 10,000 Grant No. 02-C-L-617
'lI.~d..l)JJIJi{ Grant No. 02-C-L-288 $ 5,000 Grant No. 02-C-L-665
1fj;)(Jj;,c; ~Grant No. 02-C-L-390 $ 25,000 Grant No. 02-C-L-736
~ttt~ Grant No. 02-C-L-558 $ 25,000 Grant No. 02-C-L-772
Also enclosed are copies of the executed contracts 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 reporting 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,
~~
. Jim Higdon
Commissioner
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 Opporlllniry Employer
@ Recycled Paper
.
..
''It's better to sweat in the Gym, than to bleed in the streets. "
AUGUSTA BOXING CLUB
Augusta/Richmond County Police Athletic League
1929 Walton Way · Augusta, Georgia 30904
(706) 733-7533/Gym/Office · (706) 733-1106/Fax · Pager 240-4555 · E-mail: abclubl@home.com · www.augustaboxing.o'rg-
DIRECTOR &
HEAD COACH
Tom Moraetes
CHIEF ASSISTANT
Eiben Maddox
ASSISTANT TRAINERS
David Parks
Milton Allen
John Jenkins
LaSheldric Johnson
Marciano Diu
David Rainey
SCHOLARSWP COMMIITEE:
Joe Rogers
Clint Bryant
TEAM PHYSICIANS
Bob Gambrell, M.D.
Jewell Duncan, M.D.
James Wallace, M.D.
John Molinaro, M.D.
Carl Nechtman, M.D.
GYM MAINTENANCE
Jack Norris
Stan Jones
AUGUSTA RECREATION
AND PARKS
Tom Beck, Director'
Robert Howard, Asst Director
Buck Salter, Manager
Lynda Hand, Adm. Asstistant
TEAM DENTIST
Marion Durst, D.M.D.
ATfORNEY'S
Michael Carlson
MEDICAL
Sports Medicine Associates
of Augusta '
SPIRITUAL ADVISOR
Rev. Stan Holsonback
MAJOR CORPORATE
SPONSORS
PCS Nitrogen
Comcast
Mally's Bagels & Grits
Sports Medicine Associates of Augusta
Mark Maddox Car Sales
Pollock Company
The Hollis Group
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RINGS
"THE BES
9650 0
LENEXA,K
I INC.
BOXING"
ELANE
6215-1152
Dear Mr. Moraetes,
July 25, 2001
I would like to thank you for your recent quote # (410518A) of boxing
equipment. 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. We hope you find the
quote satisfactory,
and if you have any questions, please don't hesitate to call.
. SincerefJ
Darrin&;a~r
Sales Coordinator
Ringside 877 4BOXING Ext #833
...
I_I I Ringside, Inc.
9650 Dice Lane
, ... Lenexa, KS 66215
. ... 1-877-4-BOXING
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 PROTECT
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 RISKS.
PAGE
DATE
11/28/00
r.I:~:I~~~~;~:1
1
Packing slip
Mail to I I
IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM
Shi to
Tom Moraetes
Georgia Amateur Boxing Assn.
Augusta Boxing Club
1929 Walton Way
Auguta, GA 30904
QU~;:a~"'"'''''''' ~;Q"-l QUOTATION
n (7Of) 733-75~~'''-" pou:- i"'1!J
You may also visit us at our website at www.ringside.com!
~\:lIlI;l_~I'
1178
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Message:
Thank you for your order!
Ship VIA
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QTY SIp shiPped' Item # : j t ~ - --Description 1 Ur't Price DISC ExtenSion PKG
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10
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9650 Dice Lane
Lenexa. Ks 66215
Ringside, Inc.
9650 Dice Lane
Lenexa. Ks 66215
ship to'
....,.., I'
39.990
399.90
39.990
399.90
39.990
319.92
39.990
239.94
34.990
279.9L
HOW TO RETURN MERCHANDISE
1. You may return items with manufactures defect, or any item within 60 days of purchase, provided me;.chandise is "like new" and in sellable
condition. Normal wear and tear does not constitute "manufacturers defect." We do not accept returns on videos or custom made items.
2. Provide a daytime telephone number in case we need to contact you about your return....( _)
3. Pmv;de ao add,e,. you waol ,elum me",haod;se sh;pped 10' "I
4. Shipping and handling policy:
-Ship the return item ONLY by ground UPS or insured US Mail.
-If you are returning an item and are requesting additional or
-different merchandise you must pay for shipping. See current
-Catalog for standard shipping rates. For orders outside of
-continental USA and overweight items see the order form inside the catalog.
5. Tell us what item(s) you are returning and why (use the reason codes provided - for example if you are returning a shoe because the length
was too small use reason code 05 - this information will help.to improve our products and service).
I AM RETURNING PLEASE EXCHANGE FOR
,,- QTY. CATALOG ID# COLOR SIZE PRICE PAID REASON QTY. CATALOG ID# COLOR SIZE DESCRIPTION CURRENT
,coo,,, CODE PRIce
CATALOG 10 #
QUALITY SERVICE TOTAL FOR NEW MERCHANDISE
05 . Too Small 07 - Wrong CalOf 11 . Wrong Item ShlppedJlnvoiced Correct LESS REFUND
06. Too large 08 - Did Nol Uke Style 12. Wrong Item ShippedJlnvolced Incorrect
09 - Oefoctive 13 - Damaged In Shipping ("See Below) NEW TOTAL
10 - Did Not Function 14. Ordered Wrong Item
00" 6.875% SALES TAX (KANSAS REFUND)
(Please Comment)
SHIPPING/HANDLING
TOTAL FOR NEW MERCHANDISE
REFUNDS:
o PLEASE CREDIT MY RINGSIDE ACCOUNT
o PLEASE 'ISSUE A REFUND CHECK
o PLEASE REFUND MT CREDIT CARD
AMOUNTS DUE:
o ENCLOSED IS A MONEY ORDER
o PLEASE CHARGE MY CREDIT CARD
o CARD#
VISA MASTERCARD
EXP. DATE
DISCOVER
IF YOU ARE NOT RETURNING THIS INVOICE WITH YOUR PACKAGE --YOU MUST
PROVIDE AN ORDER NUMBER OR THE NAME AND ADDRESS OF THE PERSON
WHO MADE THE PURCHASE.
RETURN RINGSIDE, INC. (ATTN. RETURNS)
MERCHANDISE TO: 9650 DICE LANE
LENEXA, KS 66215
IF YOU HAVE ANY QUESTIONS CONCERNING YOUR ORDER CALL US AT 1-(913)-888-1719.
. CARRIER DAMAGED SHIPMENTS: IF YOUR SHIPMENT WAS DAMAGED BY UPS, PLEASE CONTACT UPS IMMEDIATELY. PLEASE SAVE THE
PACKAGE AND DAMAGED GOODS IN CASE AN INSPECTION IS NECESSARY. A REPLACEMENT WILL BE MADE AS QUICKLY AS POSSIBLE.
..
..
.'
1_.. I I Ringside, Inc.
9650 Dice Lane
,. Lenexa, KS 66215
.. 1-877-4-BOXING
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 PROTECT
BOXERS FROM INJURY, AND THERE ARE NO WARRANTIES OF
ANY KINO, EXPRESSED OR IMPLIED, THAT THIS EQUIPMENT WIU
PROTECT BOXERS FROM INJURY. THOSE WHO BOX ASSUME THE
RISK AND DANGER OF INJURY AND THIS EQUIPMENT CANNOT
PROTECT THEM FROM SUCH RISKS.
PAGE . DATE
2 I
Packing slip
Mail to i I
IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM
Shl to
Tom Moraetes
Georgia Amateur Boxing Assn.
Augusta Boxing Club
1929 Walton Way
Auguta, GA 30904
11/28/00
r.J:~:l~~~;~:l
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ShIp VIA
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(701) 733_7~~';"'"~mm",.
p.OLbs
Message:
You may also visit us at our website at www.ringside.com!
Thank you for your order!
rL!J
UPC
QTY ~/~ Stllppod I Item # : If'" be~crlPt'on j -:: " Uplt Price DISC ExtenSion PKG
279.92
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(Ringside, Inc.
9650 Dice Lane
Lenexa, Ks 66215
\
Ringside, Inc.
9650 Dice Lane
Lenexa, Ks 66215
, ship to
I "
~.
34.990
59.990
359.94
54.990
439.92
54.990
439.92
54.990
439.92
HOW TO RETURN MERCHANDISE
1. You may return items with manufactures defect, or any item within 60 days of purchase, provided merchandise is "like new" and in sellable
condition. Normal wear and tear does not constitute "manufacturers defect." We do not accept returns on videos or custom made items.
2. Provide a daytime telephone number in case we need to contact you about your return.... ( .:....--.:.)
3. Pmv;de an addcess you want ceturn merchand;se sh;pped to: "I
4. Shipping and handling policy:
-Ship the return item ONLY by ground UPS or insured US Mail.
-If you are returning an item and are requesting additional or
-different merchandise you must pay for shipping. See current
-Catalog for standard shipping rates. For orders outside of
-continental USA and overweight items see the order form inside the catalog.
5. Tell us what item(s) you are returning and why (use the reason codes provided - for example if you are returning a shoe because the length
was too small use reason code 05 - this information will help to improve our products and service).
QUALITY
SE
PLEASE EXCHANGE FOR
REASON OTY. CATALOG 10# COLOR SIZE DESCRIPTION CURRENT
CODE PRICE
RVICE TOTAL FOR NEW MERCHANDISE
LESS REFUND
NEW TOTAL
6.875% SALES TAX (KANSAS REFUND)
SHIPPING/HANDLING
TOTAL FOR NEW MERCHANDISE
I AM RETURNING
REASON OTY. CATALOG 10# COLOR SIZE PRICE PAID
<CODE) CATALOG ID #
05 - Too Small
06 - Too Large
07 . Wrong Color
08 - Did Not Like Sty1e
09 - Defective
10 - Did Not Function
11 - Wrong Item Shippedllnvoiced Correct
12 . Wrong Item Shipped/Invoiced Incorrect
13. Damaged In Shipping ('See Below)
14 - Ordered Wrong Item
Qthe,
Please Comment
REFUNDS:
o PLEASE CREDIT MY RINGSIDE ACCOUNT
o PLEASE ISSUE A REFUND CHECK
o PLEASE REFUND MT CREDIT CARD
AMOUNTS DUE:
o ENCLOSED IS A MONEY ORDER
o PLEASE CHARGE MY CREDIT CARD
o CARD#
VISA MASTERCARD
EXP. DATE
DISCOVER
IF YOU ARE NOT RETURNING THIS INVOICE WITH YOUR PACKAGE --YOU MUST
PROVIDE AN ORDER NUMBER OR THE NAME AND ADDRESS OF THE PERSON
WHO MADE THE PURCHASE.
RETURN RINGSIDE, INC. (ATTN. RETURNS)
MERCHANDISE TO: 9650 DICE LANE
LENEXA, KS 66215
IF YOU HAVE ANY QUESTIONS CONCERNING YOUR ORDER CALL US AT 1-(913)-888-1719.
* CARRIER DAMAGED SHIPMENTS: IF YOUR SHIPMENT WAS DAMAGED BY UPS, PLEASE CONTACT UPS IMMEDIATELY. PLEASE SAVE THE
PACKAGE AND DAMAGED GOODS IN CASE AN INSPECTION IS NECESSARY. A REPLACEMENT WILL BE MADE AS QUICKLY AS POSSIBLE.
"
1_' I Ringside, Inc.
9650 Dice Lane
. :' Lenexa, KS 66215
. ... 1-877-4-BOXING
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 PROTECT
BOXERS FROM INJURY, AND THERE ARE NO WARRANTIES OF
ANY KINO, EXPREsseD OR IMPLIED, THAT THIS eQUIPMENT WILL
PROTECT BOXERS FROM./NJURY. THOSE WHO BOX ASSUME THE
RISK AND DANGER OF INJURY AND THIS EQUIPMENT CANNOT
PROTECT THEM FROM SUCH RISKS.
I ;~l~ l
Packing slip
. DATE
11/28/00
1,....J::]~~~[~:l
IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM
Shi to
Mail to II
Tom Moraetes
Georgia Amateur Boxing Assn.
Augusta Boxing Club
1929 Walton Way
Auguta, GA 30904
MK"lr.J..I:I_ll'.1
Sales 10 : I
:al:l.::r.I"~:
- I Terms
QUOTATION
r DR (DR
QUOTE
Ship VIA
1178
I ~..
O.OLbs
Message:
You may also visit us at our website at www.ringside.com!
Thank you for your order!
r:u ope
QTY ~/9 Shipped I Item # ; I I t Destcriptlon J l:J~lt Price Disc: ExtenSion PKG
8
f'-'-"'~-'"'" -. -, ~_.~---- ---.- ~-- -.....-.----,-~._"._.__._______._.r-."-.-.-~-.,._.~___________.-..----1
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!: \ i 1'1 i! (. \ I 11 I!' \\ I r I
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8
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10
r:::; - - - - -- -.-- .------
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9650 Dice Lane
Lenexa, Ks 66215
"\
/' Ringside, -I-;"~.-
9650 Dice Lane
Lenexa, Ks 66215
.ship to ,
." -... ~ >:
/
54.990
439.92
54.990
439.92
54.990
439.92
49.990
499.90
49.990
499.90
,',-
::'"",,
HOW TO RETURN MERCHANDISE
1. You may return items with manufactures defect, or any item within 60 days of purchase, provided me;'chandise is "like new" and in sellable
condition. Normal wear and tear does not constitute "manufacturers defect." We do not accept returns on videos or custom made items.
2. Provide a daytime telephone number in case we need to contact you about your return....( _ )
3. Provide an address you want return merchandise shiPped.'O "I
4. Shipping and handling policy:
-Ship the return item ONLY by ground UPS or insured US Mail.
-If you are returning an item and are requesting additional or
-different merchandise you must pay for shipping. See current
-Catalog for standard shipping rates. For orders outside of
-continental USA and overweight items see the order form inside the catalog.
5. Tell us what item(s) you are returning and why (use the reason codes provided - for example if you are returning a shoe because the length
was too small use reason code 05 - this information will help to improve our products and service).
QUALITY
SE
PLEASE EXCHANGE FOR
REASON OTY. CATALOG ID# COLOR SIZE DESCRIPTION CURRENT
CODE PRICE
RVICE TOTAL FOR NEW MERCHANDISE -
LESS REFUND
NEW TOTAL
6.875% SALES TAX (KANSAS REFUND)
SHIPPING/HANDLING
TOTAL FOR NEW MERCHANDISE
I AM RETURNING
''''''''' OTY. CATALOG ID# COLOR SIZE PRICE PAID
(CODE) CATALOG ID #
05 - Too Small
06 . Too Large
07. Wrong Color
08 - Did Not Like Styte
09 - Defective
10 - Did Not Function
11 - Wrong Item Shipped/Invoiced Correct
12 - Wrong Item Shipped/Invoiced Incorrect
13 - Damaged In Shipping (.See Below )
14 - Ordered Wrong Item
Other
Please Comment)
REFUNDS:
o PLEASE CREDIT MY RINGSIDE ACCOUNT
o PLEASE ISSUE A REFUND CHECK
o PLEASE REFUND MT CREDIT CARD
AMOUNTS DUE:
o ENCLOSED IS A MONEY ORDER
o PLEASE CHARGE MY CREDIT CARD
o CARD#
VISA MASTERCARD
EXP. DATE
DISCOVER
IF YOU ARE NOT RETURNING THIS INVOICE WITH YOUR PACKAGE --YOU MUST
PROVIDE AN ORDER NUMBER OR THE NAME AND ADDRESS OF THE PERSON
WHO MADE THE PURCHASE.
RETURN RINGSIDE, INC. (ATTN. RETURNS)
MERCHANDISE TO: 9650 DICE LANE
LENEXA, KS 66215
IF YOU HAVE ANY QUESTIONS CONCERNING YOUR ORDER CALL US AT 1-(913)-888-1719.
. CARRIER DAMAGED SHIPMENTS: IF YOUR SHIPMENT WAS DAMAGED BY UPS, PLEASE CONTACT UPS IMMEDIATELY. PLEASE SAVE THE
PACKAGE AND DAMAGED GOODS IN CASE AN INSPECTION IS NECESSARY. A REPLACEMENT WILL BE MADE AS QUICKLY AS POSSIBLE.
.'
1_' I Ringside, Inc.
9650 Dice Lane
, .. Lenexa, KS 66215
.. 1-877-4-BOXING
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 PROTECT
BOXERS FROM INJURY, AND THERE ARE NO WARRANTIES OF
ANY KIND, EXPRESSED OR IMPliED, THAT THIS eQUIPMENT WIU
PROTECT BOXERS FROM INJURY, THOSE WHO BOX ASSUME THE
RISK AND DANGER OF INJURY AND THIS eQUIPMENT CANNOT
PROTECT THEM FROM SUCH RISKS.
:~'Ci I
Packing slip
11/28/00
Mail to i I
IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM
Shi to
Tom Moraetes
Georgia Amateur Boxing Assn.
Augusta Boxing Club
1929 Walton Way
Auguta, GA 30904
.F.!.'.
r-.'::I~~~I;:'
QUOTE""........ FEQIfiT"'l QUOTATION
rT 1(706) 7;3:"7'5:;;- I O.OL~~- r."~ I UPC
You may also visit us at our website at www.ringside.com!
enal.JIII::I_~I'
1178
Sales ID
. . t Terms
I DR /DR
___~:T.n.W:IIII..~rrliihl;.J
Message:
Thank you for your order!
Ship VIA
QTY ~/p Stllppod 1 Item # I r' DeSCription I n Uplt Pnce DISC ExtenSion PKG
299.94
6
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6
6
8
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I Ringside, Inc.
9650 Dice Lane
Lenexa, Ks 66215
"I
I
/
I Ringside, Inc.
9650 Dice Lane
Lenexa, Ks 66215
.s~ip to .
49.990
49.990
299.94
49.990
299.94
59.990
479.92
59.990
479.92
HOW TO RETURN MERCHANDISE
1. You may return items with manufactures defect, or any item within 60 days of purchase, provided merchandise is "like new" and in sellable
condition. Normal wear and tear does not constitute "manufacturers defect." We do not accept returns on videos or custom made items.
2. Provide a daytime telephone number in case we need to contact you about your return....( _ )
3. Pmv;de an add'e" yO" want 'et"m merehand;,e ,h;pped too "I
4. Shipping and handling policy:
-Ship the return item ONLY by ground UPS or insured US Mail.
-If you are returning an item and are requesting additional or
-different merchandise you must pay for shipping. See current
-Catalog for standard shipping rates. For orders outside of
-continental USA and overweight items see the order form inside the catalog.
5. Tell us what item(s) you are returning and why (use the reason codes provided - for example if you are returning a shoe because the length
was too small use reason code 05 - this information will help to improve our products and service).
05. Too Sman
06. Too large
QUALITY
07 - Wrong Color
08 . Did Not like Style
09 - Defective
10. Did Not Function
SE
PLEASE EXCHANGE FOR
REASON OTY. CATALOG ID# COLOR SIZE DESCRIPTION CURRENT
CODE PRICE
RVICE TOTAL FOR NEW MERCHANDISE
LESS REFUND
NEW TOTAL
6.875%.SALES TAX (KANSAS REFUND)
SHIPPING/HANDLING
TOTAL FOR NEW MERCHANDISE
I AM RETURNING
""'" OTY. CATALOG ID# COLOR SIZE PRICE PAID
{CODE) CATALOG ID #
11 . Wrong Ilem Shipped/Invoiced Correct
12 - Wrong Item Shipped/Invoiced Incorrect
13. Damaged In Shipping ('See Below)
14 - Ordered Wrong 11em
Q1he,
(PleaSe Comment)
REFUNDS:
o PLEASE CREDIT MY RINGSIDE ACCOUNT
o PLEASE ISSUE A REFUND CHECK
o PLEASE REFUND MT CREDIT CARD
AMOUNTS DUE:
o ENCLOSED IS A MONEY ORDER
o PLEASE CHARGE MY CREDIT CARD
o CARD#
VISA MASTERCARD
EXP. DATE
DISCOVER
IF YOU ARE NOT RETURNING THIS INVOICE WITH YOUR PACKAGE --YOU MUST
PROVIDE AN ORDER NUMBER OR THE NAME AND ADDRESS OF THE PERSON
WHO MADE THE PURCHASE.
RETURN RINGSIDE, INC. (ATTN. RETURNS)
MERCHANDISE TO: 9650 DICE LANE
LENEXA, KS 66215
IF YOU HAVE ANY QUESTIONS CONCERNING YOUR ORDER CALL US AT 1-(913)-888-1719.
. CARRIER DAMAGED SHIPMENTS: IF YOUR SHIPMENT WAS DAMAGED BY UPS, PLEASE CONTACT UPS IMMEDIATELY. PLEASE SAVE THE
PACKAGE AND DAMAGED GOODS IN CASE AN INSPECTION IS NECESSARY. A REPLACEMENT WILL BE MADE AS QUICKLY AS POSSIBLE.
'.
I_I I Ringside, Inc.
9650 Dice Lane
. '. Lenexa, KS 66215
. ... 1-877-4-BOXING
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 PROTECT
BOXERS FROM INJURY, AND THERE ARE NO WARRANTIES OF
ANY KIND, EXPREsseD OR IMPLIED, THAT THIS eQUIPMENT W1U
PROTECT BOXERS FROM INJURY. THOSE WHO BOX ASSUME THE
RISK AND DANGER OF INJURY AND THIS EQUIPMENT CANNOT
PROTECT THEM FROM SUCH RISKS. '
;~~~ I
Packing slip
.,~".
r.I~:)~~~I~:1
IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM
Shi to
11/28/00
Mail to . I .
Tom Moraetes
Georgia Amateur Boxing Assn.
Augusta Boxing Club
1929 Walton Way
Auguta, GA 30904
~1'JII1;.1o_~I.
Sales 10
. - t Terms
1178
r DR /DR
t QUO~~".""'''.' I~;Q'-l QUOTATION
L'j l (706) 7;;:;~;~ I O.OLbs ~
__WGlin.E17i.~JJIiiI'I:l
Message:
You may also visit us at our website at www.ringside.com!
Thank you for your order!
I
,
Sh,p VIA
upe
QTY SIp Shipped I Item # ; I 1 "" De~cnptlon 1 Uplt Price DISC ExtenSIon PKG
8
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8
12
3
4
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I Ringside, Inc.
9650 Dice Lane
Lenexa, Ks 66215
\
("Ringside, Inc.
9650 Dice Lane
Lenexa, Ks 66215
. ship to
59.990
479.92
59.990
479.92
9.990
119.88
54.990
164.97
59.990
239.96
HOW TO RETURN MERCHANDISE
1. You may return items with manufactures defect, or any item within 60 days of purchase, provided me;'chandise is "like new" and in sellable
condition. Normal wear and tear does not constitute "manufacturers defect." We do not accept returns on videos or custom made items.
2. Provide a daytime telephone number in case we need to contact you about your return....( _ )
3. Pmv;de an add"''' you want 'etum menohand;se shtpped h "I
4. Shipping and handling policy: . .
-Ship the return item ONLY by ground UPS or insured US Mail.
-If you are returning an item and are requesting additional or
-different merchandise you must pay for shipping. See current
-Catalog for standard shipping rates. For orders outside of
-continental USA and overweight items see the order form inside the catalog.
5. Tell us what item(s) you are returning and why (use the reason codes provided - for example if you are returning a shoe because the length
was too small use reason code 05 - this information will help to improve our products and service).
QUALITY
SE
PLEASE EXCHANGE FOR
REASON QTY. CATALOG 10# COLOR SIZE DESCRIPTION CURRENT
CODE PRICE
RVICE TOTAL FOR NEW MERCHANDISE
LESS REFUND
NEW TOTAL
6.875% SALES TAX (KANSAS REFUND)
SHIPPING/HANDLING
TOTAL FOR NEW MERCHANDISE
I AM RETURNING
"""'" QTY. CATALOG 10# COLOR SIZE PRICE PAID
'COOE' CATALOG ID #
05 - Too Small
06 - Too Large
07 . Wrong Color
08 . Did Not Like Style
09 . Defective
10. Did Not Function
11 . Wrong Item ShippedJlnvoiced Correct
12. Wrong Item ShippedJlnvolced Incorrect
13 - Damaged In Shipping ("See Below )
14. Ordered Wrong Item
011'"
Please Commonl)
REFUNDS:
o PLEASE CREDIT MY RINGSIDE ACCOUNT
o PLEASE ISSUE A REFUND CHECK
o PLEASE REFUND MT CREDIT CARD
AMOUNTS DUE:
o ENCLOSED IS A MONEY ORDER
o PLEASE CHARGE MY CREDIT CARD
o CARD#
VISA MASTERCARD
EXP. DATE
DISCOVER
IF YOU ARE NOT RETURNING THIS INVOICE WITH YOUR PACKAGE --YOU MUST
PROVIDE AN ORDER NUMBER OR THE NAME AND ADDRESS OF THE PERSON
WHO MADE THE PURCHASE.
RETURN RINGSIDE, INC. (ATTN. RETURNS)
MERCHANDISE TO: 9650 DICE LANE
LENEXA, KS 66215
IF YOU HAVE ANY QUESTIONS CONCERNING YOUR ORDER CALL US AT 1-(913)-888-1719.
* CARRIER DAMAGED SHIPMENTS: IF YOUR SHIPMENT WAS DAMAGED BY UPS, PLEASE CONTACT UPS IMMEDIATELY. PLEASE SAVE THE
PACKAGE AND DAMAGED GOODS IN CASE AN INSPECTION IS NECESSARY. A REPLACEMENT WILL BE MADE AS QUICKLY AS POSSIBLE.
., .)
1.,1 I Ringside, Inc.
9650 Dice Lane
, .. Lenexa, KS 66215
., 1-877-4-BOXING
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 PROTECT
BOXERS FROM INJURY, AND THERE ARE NO WARRANTIES OF
ANY KINO, EXPRESSED OR IMPLIED, THAT THIS EQUIPMENT WlU
PROTECT BOXERS FROM INJURY. THOSE WHO BOX ASSUME THE
RISK AND DANGER OF INJURY AND THIS eQUIPMENT CANNOT
PROTECT THEM FROM SUCH RISKS,
:I~1.ct j
6
Packing slip
Mall to .1
IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM
Shi to
Tom Moraetes
Georgia Amateur Boxing Assn.
Augusta Boxing Club
1929 Walton Way
Auguta, GA 30904
.J~'.
r.I::l~~~;~:1
11/28/00
, . t Terms
QUOTATION
"'~"i.I'I'II:1_~I'
1178
:f':1I:1I:1III1=-i
QUOTE
F~Q"l
I O.OLbs
r DR /DR
Sales 10 ;
i~
j
l
._lMCTin.eF.Tli.~IIliiI'I:I
:I'I'I'I...~IIIii1'I::J
1(706) 733-7533
TOlal WT Zon
Ship VIA
r~~~1
Message:
You may also visit us at our website at www.ringside.coll1!
Thank you for your order!
UPC
QTY 8/9. ShIpped I Item # I {- Des,cnptlon I - UQlt Pnce DISC Extension PKG
259.96
4
REDEB -.- ------::-REYES,n,OUBLKENIJBAG---..--:---,c----j
I il'---- -~\ '1,-'/ r--\\~Gf I~\ (~11'-1'--"'""'''\- '1---1 !
! 'I I , I I f r; ) r ~ I I \ J ,\
MIjIW II 1 I J ~E)(ICA,~:'g:\ND\Wl}AP f\ \ r- - I
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I I ~ / I II t\ I II \L~ I- \ \)1 ' i '[' ,
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JR WfLj Lc) L-- CJ1:TNI0R HANBWRAPS P2S-'- L ___I ;
i BbgE.l1~2d'.) WITH~iNS:PRUCTIONS .,;
i (( E~~L7!7)1 (~~pr~(o) >-~? m~l~) I
CG 1 \> J SUPER 'GAUZE:90-IU?P26~ -./ I
! _______ ______ . '__ (fJ5!.!{J] ~)~~~*~~J __ __J
50
30
50
8
(Ri~g;id;:I~~.'
9650 Dice lane
Lenexa, Ks 66215
('Ringside, Inc.
9650 Dice lane
Lenexa, Ks 66215
'\
,ship to
E. .":'", .
-. ;i
64.990
4.990
249.50
3.990
119.7C
3.490
174.50
39.990
319.92
'J'-l
HOW TO RETURN MERCHANDISE
1. You may return items with manufactures defect, or any item within 60 days of purchase, provided merchandise is "like new" and in sellable
condition. Normal wear and tear does not constitute "manufacturers defect." We do not accept returns on videos or custom made items.
2. Provide a daytime telephone number in case we need to contact you about your return....( _ )
3. Provide ao add,e" you waol 'etum meechaodise shipped to, "I
4. Shipping and handling policy:
-Ship the return item ONLY by ground UPS or insured US Mail.
-If you are returning an item and are requesting additional or
-different merchandise you must pay for shipping. See current
-Catalog for standard shipping rates. For orders outside of
-continental USA and overweight items see the order form inside the catalog.
5. Tell us what item(s) you are returning and why (use the reason codes provided - for example if you are returning a shoe because the length
was too small use reason code 05 - this information will help to improve our products and service).
05. Too Small
06 - Too Large
QUALITY
07 - Wmng Color
08 . Did Not Like Style
09 - Defective
10. Did Not Function
SE
PLEASE EXCHANGE FOR
REASON OTY. CATALOG ID# COLOR SIZE DESCRIPTION CURRENT
CODe PRICE
RVICE TOTAL FOR NEW MERCHANDISE
LESS REFUND
NEW TOTAL
6.875% SALES TAX (KANSAS REFUND)
SHIPPING/HANDLING
TOTAL FOR NEW MERCHANDISE
I AM RETURNING
,'-'SO" OTY. CATALOG ID# COLOR SIZE PRICE PAID
'~I CATALOG 10 #
11 . Wrong Item Shipped/Invoiced Correct
12. Wrong lIem ShippedJlnvolced Incorrect
13 - Damaged In Shipping (.See Below )
14 - Ordered Wrong Item
0'''',
P1911saCommanl)
REFUNDS:
o PLEASE CREDIT MY RINGSIDE ACCOUNT
o PLEASE ISSUE A REFUND CHECK
o PLEASE REFUND MT CREDIT CARD
AMOUNTS DUE:
o ENCLOSED IS A MONEY ORDER
o PLEASE CHARGE MY CREDIT CARD
o CARD#
VISA MASTERCARD
EXP. DATE
DISCOVER
IF YOU ARE NOT RETURNING THIS INVOICE WITH YOUR PACKAGE --YOU MUST
PROVIDE AN ORDER NUMBER OR THE NAME AND ADDRESS OF THE PERSON
WHO MADE THE PURCHASE.
RETURN RINGSIDE, INC. (ATTN. RETURNS)
MERCHANDISE TO: 9650 DICE LANE
LENEXA, KS 66215
IF YOU HAVE ANY QUESTIONS CONCERNING YOUR ORDER CALL USAT 1-(913)-888-1719.
. CARRIER DAMAGED SHIPMENTS: IF YOUR SHIPMENT WAS DAMAGED BY UPS, PLEASE CONTACT UPS IMMEDIATELY. PLEASE SAVE THE
PACKAGE AND DAMAGED GOODS IN CASE AN INSPECTION IS NECESSARY. A REPLACEMENT WILL BE MADE AS QUICKLY AS POSSIBLE.
'.
1_' I Ringside, Inc.
9650 Dice Lane
. :' . Lenexa, KS 66215
, . 1-877-4-BOXING
WARNING: BOXING IS A CONTACT SPORT IN WHICH VIOLENT
BLOWS ARE DELIVERED TO HEAD AND BODY, AND SUCH BLOWS
CAN CAUSE SERIOUS INJURY. nus EQUIPMENT CANNOT PROTECT
BOXERS FROM INJURY, AND THERE ARE NO WARRANTIES OF
ANY KINO, EXPRESSED OR IMPliED, THAT THIS eQUIPMENT WILL
PROTECT BOXERS FROM INJURY. THOSE WHO BOX ASSUME THE
RISK AND DANGER OF INJURY AND THIS EaUIPMENT CANNOT
PROTECT THEM FROM SUCH RISKS,
PAGE DATE
7
Packing slip
Mail to : i .
IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM
Shi to
Tom Moraetes
Georgia Amateur Boxing Assn.
Augusta Boxing Club
',/ 1929 Walton Way
Auguta, GA 30904
11/28/00
r.I::I~~~;~:l
MR:I.IItII:J.Ill.e
Sales ID
r=~Q'T"-l
, -} Terms
QUOTA TION
r DR /DR
f
r~~l
:f5Il:.I.:.IlleI=-"
QUOTE
1178
Ship VIA
1_lfMin.omii.~mrn.."
I (706) 7;;:;~;7""
I film.'.'1I
O.OLbs
Message:
You may also visit us at our website at www.ringside.com!
Thank 'you for your order!
i"'~
UPC
QTY BI9 Shlppod I Item # :! : 1 !;- .~. Des:cnption ! - U(lil Pnce DISC ExtenSIOn PKG
239.94
6
RPNF2-'--- . RED NO-P-OUL PROTECTOR . .------------1
III 'I' .--~\ 'I-l. j---YP.G-29 SMA'LL /"-...., r-l,~ r-l j
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RPi,h, {I ! I ~J~o~Jo~~~\kdr.1 bRI) !I :_i" I
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6
4
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f Ringside, Inc.
9650 Dice Lane
Lenexa, Ks 66215
(Ringside, Inc.
9650 Dice Lane
Lenexa, Ks 66215
^'.
ship to
l.'.
39.990
39.990
239.94
39.990
159.96
39.990
159.9(
24.990
149.9L
1
..\
HOW TO RETURN MERCHANDISE
1. You may return items with manufactures defect, or any item within 60 days of purchase, provided me;'chandise is "like new" and in sellable
condition. Normal wear and tear does not constitute "manufacturers defect." We do not accept returns on videos or custom made items.
2. Provide a daytime telephone number in case we need to contact you about your return....( _ )
3. Pmv;de ao add,e" you waot ,eWm me,ohaod;,e ,h;pped to, "I
4. Shipping and handling policy:
-Ship the return item ONLY by ground UPS or insured US Mail.
-If you are returning an item and are requesting additional or
-different merchandise you must pay for shipping. See current
-Catalog for standard shipping rates. For orders outside of
-continental USA and overweight items see the order form inside the catalog.
5. Tell us what item(s) you are returning and why (use the reason codes provided - for example if you are returning a shoe because the length
was too small use reason code 05 - this information will help to improve our products and service).
QUALITY
SE
PLEASE EXCHANGE FOR
REASON OTY. CATALOG ID# COLOR SIZE DESCRIPTION CURRENT
CODe PRICE
RVICE TOTAL FOR NEW MERCHANDISE
LESS REFUND
NEW TOTAL
6.875% SALES TAX (KANSAS REFUND)
SHIPPING/HANDLING
TOTAL FOR NEW MERCHANDISE
I AM RETURNING
"""'" OTY. CATALOG ID# COLOR SIZE PRICE PAID
"'"'''' CATALOG ID #
05 - Too Small
06 - Too large
07 - Wrong Color
08 . Did Not like Style
09 - Defective
10 - Did Not Function
11 - Wrong Item Shipped/Invoiced Correct
12 - Wrong Item Shipped/Invoiced Incorrect
13. Damaged In Shipping ('See Below)
14 - Ordered Wrong Item
DIner
Please Commenl
REFUNDS:
o PLEASE CREDIT MY RINGSIDE ACCOUNT
o PLEASE ISSUE A REFUND CHECK
o PLEASE REFUND MT CREDIT CARD
AMOUNTS DUE:
o ENCLOSED IS A MONEY ORDER
o PLEASE CHARGE MY CREDIT CARD
o CARD#
VISA MASTERCARD
EXP. DATE
DISCOVER
IF YOU ARE NOT RETURNING THIS INVOICE WITH YOUR PACKAGE --YOU MUST
PROVIDE AN ORDER NUMBER OR THE NAME AND ADDRESS OF THE PERSON
WHO MADE THE PURCHASE.
RETURN RINGSIDE, INC. (ATTN. RETURNS)
MERCHANDISE TO: 9650 DICE LANE
LENEXA, KS 66215
IF YOU HAVE ANY QUESTIONS CONCERNING YOUR ORDER CALL US AT 1-(913)-888-1719.
* CARRIER DAMAGED SHIPMENTS: IF YOUR SHIPMENT WAS DAMAGED BY UPS, PLEASE CONTACT UPS IMMEDIATELY. PLEASE SAVE THE
PACKAGE AND DAMAGED GOODS IN CASE AN INSPECTION IS NECESSARY. A REPLACEMENT WILL BE MADE AS QUICKLY AS POSSIBLE.
1_' I Ringside, Inc.
9650 Dice Lane
, '. . Lenexa, KS 66215
.... 1-877-4-BOXING
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 PROTECT
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 RISKS.
PAGE - DATE
8
Packing slip
11/28/00
r.J::]~~~~:1
Mail to'!
IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM
Shi to
Tom Moraetes
Georgia Amateur Boxing Assn.
Augusta Boxing Club
1929 Walton Way
Auguta, GA 30904
.-n::::tWltl~_~I.
] 178
r DR /DR
Sales ID
QUO~~t""'''-' F;JEQ"1 QUOTATION
l (706) 7~";:;73'r" r O.OL';;" ~
You may also visit us at our website at www.ringside.com!
Ship VIA
-. 1 Terms
.....-crin.IIf:Tli.~DTii'I.I:.I
UPC
Message:
Thank you for your order!
- : - .. . . . . . . . .
6 DG"AFT\,r--' -.- -:-.. --~--NEW:[EATHEKMED-:-DELUXE- ~---- 0 24.990 -- 149.94
I --I GR<D1N/AB;,PROEC-T0R:R!ED~~ 1--1
I I --.-. " ro.,
! ! \ I I \1 I / \! I I I I ,I
I I I 1 \ i i. -, /J, "I. I! \ I J
4 DGAP L '\ I i I WE~/LE;iA.'fHF;R ~ARpEII?EB!X~: r-' 24.990 -- 99.96
I I : I
I . i I ! I! '. GR<DIN Affi. PROEGT0R~R!Ed) \ I J
i i LJ i i! ~, ! I q~ I. \ \ I II I II -1
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4 DdAi> XL \( 1.1 !\('E*\"E~[JPilHLJI?EU~xEJ) I I 24.990 99.96
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I ll" \,j II Li S I ,'I <:'1 c::.'1 ~:.: ' -
, ">', ,--_JL, . .:-" IJ I.J\~ _____1. _, .
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4 F~~_ __0 .' FERFXJ1EW&F0Bf)FROTECTOR-L 24.990 n 119.96
0
(Ringside, Inc.
9650 Dice Lane
Lenexa, Ks 66215
/'
, Ringside, Inc.
9650 Dice Lane
Lenexa, Ks 66215
['W
, '
-' '; .;....
I ,
C
HOW TO RETURN MERCHANDISE
1. You may return items with manufactures defect, or any item within 60 days of purchase, provided merchandise is "like new" and in sellable
condition. Normal wear and tear does not constitute "manufacturers defect." We do not accept returns on videos or custom made items.
2. Provide a daytime telephone number in case we need to contact you about your return....( _)
3. Pm,;de an add,e" you want 'etum me'chand;,e ,hipped to, "I
4. Shipping and handling policy:
-Ship the return item ONLY by ground UPS or insured US Mail.
-If you are returning an item and are requesting additional or
-different merchandise you must pay for shipping. See current
-Catalog for standard shipping rates. For orders outside of
-continental USA and overweight items see the order form inside the catalog.
5. Tell us what item(s) you are returning and why (use the reason codes provided - for example if you are returning a shoe because the length
was too small use reason code 05 - this information will help to improve our products and service).
QUALITY
SE
PLEASE EXCHANGE FOR
REASON OTY. CATALOG ID# COLOR SIZE DESCRIPTION CURRENT
CODE PRICE
RVICE TOTAL FOR NEW MERCHANDISE
LESS REFUND
NEW TOTAL
6.875% SALES TAX (KANSAS REFUND)
SHIPPING/HANDLING
TOTAL FOR NEW MERCHANDISE
I AM RETURNING
"""'" OTY. CATALOG ID# COLOR SIZE PRICE PAID
(COOE) CATALOG ID #
05. Too Small
06 - Too Large
07 . Wrong Color
08 - Did Nollike Style
09 . Defective
10 - Did Nol Function
11 . Wrong Item Shipped/Invoiced Correct
12 - Wrong Item Shipped/Invoiced Incorrect
13 - Damaged In Shipping ('See Below)
14 . Ordered Wrong Item
0Ihe,
Please Comment)
REFUNDS:
o PLEASE CREDIT MY RINGSIDE ACCOUNT
o PLEASE ISSUE A REFUND CHECK
o PLEASE REFUND MT CREDIT CARD
AMOUNTS DUE:
o ENCLOSED IS A MONEY ORDER
o PLEASE CHARGE MY CREDIT CARD
o CARD#
VISA MASTERCARD
EXP. DATE
DISCOVER
IF YOU ARE NOT RETURNING THIS INVOICE WITH YOUR PACKAGE --YOU MUST
PROVIDE AN ORDER NUMBER OR THE NAME AND ADDRESS OF THE PERSON
WHO MADE THE PURCHASE.
RETURN RINGSIDE, INC. (ATTN. RETURNS)
MERCHANDISE TO: 9650 DICE LANE
LENEXA, KS 66215
IF YOU HAVE ANY QUESTIONS CONCERNING YOUR ORDER CALL US AT 1-(913)-888-1719.
* CARRIER DAMAGED SHIPMENTS: IF YOUR SHIPMENT WAS DAMAGED BY UPS, PLEASE CONTACT UPS IMMEDIATELY. PLEASE SAVE THE
PACKAGE AND DAMAGED GOODS IN CASE AN INSPECTION IS NECESSARY. A REPLACEMENT WILL BE MADE AS QUICKLY AS POSSIBLE.
_I I Ringside, Inc.
9650 Dice Lane
, " . Lenexa, KS 66215
,. ... 1-877-4-BOXING
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 PROTECT
BOXERS FROM INJURY, AND THERE ARE NO WARRANTIES OF
ANY KIND, EXPRESSED OR IMPLIED, THAT THIS EQUIPMENT WlU
PROTECT BOXERS FROM INJURY. THOSE WHO BOX ASSUME THE
RISK AND DANGER OF INJURY AND THIS eOUIPMENT CANNOT
PROTECT THEM FROM SUCH RISKS.
PAGE
.' DATE
9 I
Packing slip
11/28/00
r.I::J~~~~:1
Mai/to I f
IMPORTANT RETURNS INFORMATION ON REVERSE SlOE OF THIS FORM
Shi to
Tom Moraetes
Georgia Amateur Boxing Assn.
Augusta Boxing Club
1929 Walton Way
Auguta, GA 30904
I (706) 7~~~;37-
I 1i'!!;1.'.'.
O.OLbs
tl!J ope
Ship VIA
1178
- - .
.AM/EQ
QUOTATION
Message:
You may also visit us at our website at www.ringside.com!
Thank you for your order!
QTY E?'P Shipped I Item # 'I 1 Description I , "ubil Price DIsc Extension PKG
4 FC;Glfs/fYi--:- -----U---~"SUPPORTBRA ff3J--- --------- -~--.----l 12.990 -- 51.96
I -----.. f--l' r-~~M1;\LtIMEDIUMl r--\ ----~ r-'--;
!! \ ! II \1 ! / , )!_ i I i '\ I I I
ii'
I , i I SUB~OR[i\BR4 P33\1 I I I j\ \ I r-J I 51.96
4 FCGB L/XL 12.990 --
I I ; I 1 nlAR€lEhC-LMlGE\! I, 1\ \ L, I
i ' [/ j I I' ! \ \ I . \ Iii ! I I I
I I' I \ 'i I
4 FC:G~ l \ I i\ i \ \ 7 f 1\ \ \! I: I i I I I I 25.990 103.9~
I ~ I'FEMALE.CHESTP~OECTO~J II r.J,; I --
,
! I n, \ i I[ ,P33JSIZ~_~J ,L ) l 11 l / I L._ i
I ; . \ \ Ii) L-." . -- ~j I J I 1 I
: I ,
J ' I '< l_.J -- LfEMAillECHE-S'f,'I[R0tECToR/ . ".--.-J 1
4 FC.G B-' \...- 25.990 -- 103,96
i 11\\.J/1"1 -Lf'Ii\\,-'r'.' ,
, P33,SIZE-B __'~..::::JU I
, (i ~~~77/1) 0~ ~c;j~(O))~Zf i!~l(G") ;
,
i
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4 FCpC /,-.0)'7,/7/\'\ /. 'C)ii:8;JI~VJ I I 25.990 n 103,96
I PJ3"SIZE-6-" . '!.J.-,)
1._______ _____________._______________J
rRi~gsid~, -Inc.
9650 Dice Lane
Lenexa, Ks 66215
('Ringside, Inc.
9650 Dice Lane
Lenexa, Ks 66215
"\
ship to .
HOW TO RETURN MERCHANDISE
1. You may return items with manufactures defect, or any item within 60 days of purchase, provided me;'chandise is "like new" and in sellable
condition. Normal wear and tear does not constitute "manufacturers defect." We do not accept returns on videos or custom made items.
2. Provide a daytime telephone number in case we need to contact you about your return....( _ )
3. Pcov;de ao add,e" you waot retum mecohand;,e 'h;pped h" ~
4. Shipping and handling policy:
-Ship the return item ONLY by ground UPS or insured US Mail.
-If you are returning an item and are requesting additional or
-different merchandise you must pay for shipping. See current
-Catalog for standard shipping rates. For orders outside of
-continental USA and overweight items see the order form inside the catalog.
5. Tell us what item(s) you are returning and why (use the reason codes provided - for example if you are returning a shoe because the length
was too small use reason code 05 - this information will help to improve our products and service).
QUALITY
SE
PLEASE EXCHANGE FOR
REASON OTY. CATALOG ID# COLOR SIZE DESCRIPTION CURRENT
CODE PRICE
RVICE TOTAL FOR NEW MERCHANDISE
LESS REFUND
NEW TOTAL
6.875% SALES TAX (KANSAS REFUND)
SHIPPING/HANDLING
TOTAL FOR NEW MERCHANDISE
I AM RETURNING
.....0' OTY. CATALOG ID# COLOR SIZE PRICE PAID
(COOE) CATALOG ID #
05 - Too Small
06. Too large
07 . Wrong Color
08 - Did Not Like Style
09 - Defective
10 - Did Not Function
11 - Wrong Item Shlppedllnvok:ed Correct
12. Wrong Item Shipped/Invoiced Incorrect
13 - Damaged In Shipping ('See Below)
14 - Ordered Wrong Item
Olhe,
Please Comment)
REFUNDS:
D PLEASE CREDIT MY RINGSIDE ACCOUNT
o PLEASE ISSUE A REFUND CHECK
o PLEASE REFUND MT CREDIT CARD
AMOUNTS DUE:
o ENCLOSED IS A MONEY ORDER
o PLEASE CHARGE MY CREDIT CARD
o CARD#
VISA MASTERCARD
EXP. DATE
DISCOVER
IF YOU ARE NOT RETURNING THIS INVOICE WITH YOUR PACKAGE --YOU MUST
PROVIDE AN ORDER NUMBER OR THE NAME AND ADDRESS OF THE PERSON
WHO MADE THE PURCHASE.
RETURN RINGSIDE, INC. (ATTN. RETURNS)
MERCHANDISE TO: 9650 DICE LANE
LENEXA, KS 66215
IF YOU HAVE ANY QUESTIONS CONCERNING YOUR ORDER CALL US AT 1-(913)-888-1719.
* CARRIER DAMAGED SHIPMENTS: IF YOUR SHIPMENT WAS DAMAGED BY UPS, PLEASE CONTACT UPS IMMEDIATELY. PLEASE SAVE THE
PACKAGE AND DAMAGED GOODS IN CASE AN INSPECTION IS NECESSARY. A REPLACEMENT WILL BE MADE AS QUICKLY AS POSSIBLE.
'.
1_' I Ringside, Inc.
9650 Dice Lane
, .. . Lenexa, KS 66215
. .... 1-877-4-BOXING
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 PROTECT
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 RISKS.
~~~ I
Packing slip
11/28/00
87.40-.11
r.'~:]~~~;~:1
Mail to' \
IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM
Shi to
Tom Moraetes
Georgia Amateur Boxing Assn.
Augusta Boxing Club
1929 Walton Way
Auguta, GA 30904
_11.."'t.eIIU:J_ll'I.
1178
r DR /DR
Sales ID
~ . 1 Terms
__MGTin.w:Tii.ll'IIIiiI.I:J
QUO~~"""""'" FEQ'T"'l QUOTA TION
rT I (706) 7;;~;;;7" I O.OL~:- r.""'I!j UPC
You may also visit us at our website at www.ringside.com!
Ship VIA-
Message:
Thank you for your order!
QTY , E3Ip Shlppod I Item # I 1 f ;... - DeSCription I '.. Urllt Pnce DIsc ExtenSIOn PKG
8 JR7 -.-::-7'92'FT.TOMPROPE--'--::'.---~---~ 12.990
I rd' fI\. i-I /'\ (~I ---1 i- r-----o. I
I I I ~ Y,fl JUMI)ROPEII II .."'. I i
10 JR8 12.990
I 1\ I 1 U I~t/"'! (\i I! 1\ \ I rJ
10 JR9 i I I , 9\ Y, '1TJ~MP1RpPE I II I \ \ I '1 12.990
' I
I j
I : ' I ~' 1\ IL, !. \ \ 1 ! 'i, I
2 PFW~ i ! I powAni4oAMv& WATER B!AG i50LB:t'. 189.990 397.9
J i I I I \ r"~.J t ./! II V 11 L~'
, ~
ii'
I i I \ L) I_J[P~~AIRnWAlE~~?-130~~// I i
2 PFW II i \ 149.990 299.9
, I 1\,
I L-_J t_~~~.... 1 f( o'f! i I r ceo X ~'Sl~ ,,~,....-,J
2 LGHB S GL-ADIA'-T-0RJBAG-SGFT FILLED 189.990 379.9
f1 (u' C.~No/<fbD*~ r~-\\/- rl~IG'~
I ~ (0// II ! I ~~ -,.-! L)')\ 0) .^< il J\: I Ch
I
10 H~S \ . HEAVY-BAG SPRlNG- ..' -~. 5.990 59.9
I . - . w-~z/jJ}) c2)~1~Li'~~J
I
2 RAff'----- AIR PUMP P6Y--- 5.990 11.9
(Ri';gsid;~I";~.
9650 Dice Lane
Lenexa, Ks 66215
---"
]
(Ringside, In'~:.
9650 Dice Lane
Lenexa, Ks 66215
r ship to
I. .
I
!,
HOW TO RETURN MERCHANDISE
1. You may return items with manufactures defect, or any item within 60 days of purchase, provided merchandise is "like new" and in sellable
condition. Normal wear and tear does not constitute "manufacturers defect." We do not accept returns on videos or custom made items.
2. Provide a daytime telephone number in case we need to contact you about your return....( _ )
3. Pmv;de an add",,, yO" want ,et"m me'chaod;,e ,h;pped h "I
4. Shipping and handling policy:
-Ship the return item ONLY by ground UPS or insured US Mail.
-If you are returning an item and are requesting additional or
-different merchandise you must pay for shipping. See current
-Catalog for standard shipping rates. For orders outside of
-continental USA and overweight items see the order form inside the catalog.
5. Tell us what item(s) you are returning and why (use the reason codes provided - for example if you are returning a shoe because the length
was too small use reason code 05 - this information will help to improve our products and service).
05. Too Small
06 - Too Large
QUALITY
07 - Wrung Color
08 . Did Nollike Style
09 - Defective
10. Did Not Function
SE
PLEASE EXCHANGE FOR
REASON OTY. CATALOG ID# COLOR SIZE DESCRIPTION CURRENT
CODE PRiCe
RVICE TOTAL FOR NEW MERCHANDISE
LESS REFUND
NEW TOTAL
6.875% SALES TAX (KANSAS REFUND)
SHIPPING/HANDLING
TOTAL FOR NEW MERCHANDISE
I AM RETURNING
"""" OTY CATALOG ID# COLOR SIZE PRICE PAID
ICODEl CATALOG ID #
11 . Wrong Item Shippedflnvoiced Correct
12 - Wrong Ilem Shipped/Invoiced Incorrect
13 - Damaged In Shipping ("See Below)
14 - Ordered Wrong Item
Other
(Plesse Comment
REFUNDS:
o PLEASE CREDIT MY RINGSIDE ACCOUNT
o PLEASE ISSUE A REFUND CHECK
o PLEASE REFUND MT CREDIT CARD
AMOUNTS DUE:
o ENCLOSED IS A MONEY ORDER
o PLEASE CHARGE MY CREDIT CARD
o CARD#
VISA MASTERCARD
EXP. DATE
DISCOVER
IF YOU ARE NOT RETURNING THIS INVOICE WITH YOUR PACKAGE --YOU MUST
PROVIDE AN ORDER NUMBER OR THE NAME AND ADDRESS OF THE PERSON
WHO MADE THE PURCHASE.
RETURN RINGSIDE, INC. (ATTN. RETURNS)
MERCHANDISE TO: 9650 DICE LANE
LENEXA, KS 66215
IF YOU HAVE ANY QUESTIONS CONCERNING YOUR ORDER CALL US AT 1-(913)-888-1719.
* CARRIER DAMAGED SHIPMENTS: IF YOUR SHIPMENT WAS DAMAGED BY UPS, PLEASE CONTACT UPS IMMEDIATELY. PLEASE SAVE THE
PACKAGE AND DAMAGED GOODS IN CASE AN INSPECTION IS NECESSARY. A REPLACEMENT WILL BE MADE AS QUICKLY AS POSSIBLE.
'.
I_I I Ringside, Inc.
9650 Dice Lane
, '. Lenexa, KS 66215
. ... 1-877-4-BOXING
Mail to: I
WARNING: BOXING 15 A CONTACT SPORT IN WHICH VIOLENT
BLOWS ARE DELIVERED TO HEAD AND BODY, AND SUCH BLOWS
CAN CAUSE SERIOUS INJURY. THIS eQUIPMENT CANNOT PROTECT
BOXERS FROM INJURY, AND THERE ARE NO WARRANTIES OF
ANY KINO. 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 RISKS.
IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM
Tom Moraetes
Georgia Amateur Boxing Assn.
Augusta Boxing Club
1929 Walton Way
Auguta, GA 30904
~\IlIII:l.~I'
1178
r DR /DR
Sales ID
11 Credit Card Nu;mber
Message:
PAGE
DATE
11/28/00
II
Packing slip
Shi to
r-.J::)~~~I;:1
1~;-QeM"'l
;lIIIJIl=-ill1lii1tI:I
I (706) 733-7533
:al:J.:JIIM~:
QUOTE
..
i - r _ - !
, ~_'. ~ -= f
i Terms
QUOTATION
I ....
O.OLbs
j~
Ship VIA
I
,
You may also visit us at our website at www.ringside.com!
Thank you for your order!
UPC
OTY ~/9 SlllPlled I Item # : I Des:cnptlon I -. U~lIt Pnce DISC ExtenSIon PKG
---"'- -- --------, -- - ~-------"'-- --- --,
PT,W AP PRO SPEED BAG PLATFORM I
: f--'-~"" 1 f-~\y*~q(COD~*Y-! r-l -~ '----1 i
LSB~ S \ I I \SMP,..~L LA T.EX SP~ED~AG BLADDER I' I
i I i'\ I 1'1 \\ u (:~J Vi: II ~\ \! r-- f
LSBB MJ i II' MEDIUM LATEX SPEEDBAG iJ3UillDER Ii
I I" ;,' ~, 1.\ tI I \ 1\ I : I II II I
I I / I ! 1\ [, \ 7 iiI.., \ -I I I I , I
LS}3B L f, \ 11 I j t LAR, G" E eA TE{C'SPB~:D~AG ~LApDER-' o' '
I ! 1\ \ I ,\ JI.\ / l J I i j i I L_ . !
, I II 'J \ ,~/ -. / I I / I ] I
BUAlDDER ,I J c-' DOUBLE END BAG BbADDERj! I:
! L_J '.c.---"' J ~- Cl-;,t~(,",\ \n I-I, f~lr0r;!r-~ ~'- / , L____J I
'. " j), L! ,_ I r-I :- <' ,~ r:' "
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I ~0r7C**~\N01(b, OD, '~fO" .,,)' vIII,' ~!(C':~l I
(\ (~t J / ,), ~,c ">)\ ) ^ '\ II t\., J\.':::7/ i
PPM '0, 'p ANTHEKPUNCH:MITT - I
! 'U(:JZ/l/V. L;5/J~I~!(~J ____________ .._,_~-.J
2
6
6
6
4
2
6
(Ringside, Inc.
9650 Dice Lane
Lenexa, Ks 66215
Ringside, Inc.
9650 Dice Lane
Lenexa, Ks 66215
ship to
199.990
2.990
2.990
2.990
3.990
109.990
54.990
399.9
17.9
17.9
17.9
15.9~
219.9~
329.9L
HOW TO RETURN MERCHANDISE
1. You may return items with manufactures defect, or any item within 60 days of purchase, provided me;'chandise is "like new" and in sellable
condition. Normal wear and tear does not constitute "manufacturers defect." We do not accept returns on videos or custom made items.
2. Provide a daytime telephone number in case we need to contact you about your return....( _ )
3. Pmv;de ao add'e" you waot ,etom mecchaod;", 'h;pped to, "I
4. Shipping and handling policy:
-Ship the return item ONLY by ground UPS or insured US Mail.
-If you are returning an item and are requesting additional or
-different merchandise you must pay for shipping. See current
-Catalog for standard shipping rates. For orders outside of
-continental USA and overweight items see the order form inside the catalog.
5. Tell us what item(s) you are returning and why (use the reason codes provided - for example if you are returning a shoe because the length
was too small use reason code 05 - this information will help to improve our products and service).
QUALITY
SE
PLEASE EXCHANGE FOR
REASON OTY, CATALOG ID# COLOR SIZE DESCRIPTION CURRENT
CODE PRICE
RVICE TOTAL FOR NEW MERCHANDISE
LESS REFUND
NEW TOTAL
6.875% SALES TAX (KANSAS REFUND)
SHIPPING/HANDLING
TOTAL FOR NEW MERCHANDISE
I AM RETURNING
REASON QTY. CATALOG 10# COLOR SIZE PRICE PAID
CCOOEI CATALOG ID #
05 . Too Small
08 - Too large
07 - Wrong Color
08 . Did Not Like Style
09 - Defective
10 . Did Not Function
11 . Wrong Item Shipped/Invoiced Correct
12 - Wrong ttem ShIpped/Invoiced Incom3Ct
13 . Damaged In Shipping ("See Below )
14 ~ Ordered Wrong Item
Olher
(Please Comment)
REFUNDS:
o PLEASE CREDIT MY RINGSIDE ACCOUNT
o PLEASE ISSUE A REFUND CHECK
o PLEASE REFUND MT CREDIT CARD
AMOUNTS DUE:
o ENCLOSED IS A MONEY ORDER
o PLEASE CHARGE MY CREDIT CARD
o CARD#
VISA MASTERCARD
EXP. DATE
DISCOVER
IF YOU ARE NOT RETURNING THIS INVOICE WITH YOUR PACKAGE --YOU MUST
PROVIDE AN ORDER NUMBER OR THE NAME AND ADDRESS OF THE PERSON
WHO MADE THE PURCHASE.
RETURN RINGSIDE, INC. (ATTN. RETURNS)
MERCHANDISE TO: 9650 DICE LANE
LENEXA, KS 66215
IF YOU HAVE ANY QUESTIONS CONCERNING YOUR ORDER CALL US AT 1-(913)-888-1719.
* CARRIER DAMAGED SHIPMENTS: IF YOUR SHIPMENT WAS DAMAGED BY UPS, PLEASE CONTACT UPS IMMEDIATELY. PLEASE SAVE THE
PACKAGE AND DAMAGED GOODS IN CASE AN INSPECTION IS NECESSARY. A REPLACEMENT WILL BE MADE AS QUICKLY AS POSSIBLE.
"
1_' I Ringside. Inc.
9650 Dice Lane
, .. Lenexa, KS 66215
, .... 1-877-4-BOXING
WARNING: BOXING IS A CONTACT SPORT IN WHICH VIOLENT
BLOWS ARE DELIVERED TO HEAD AND BODY, AND SUCH BLOWS
CAN CAUSE SERIOUS INJURY. THIS EaUIPMENT CANNOT PROTECT
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 RISKS.
PAGE
12
Packing slip
11/28/00
Mail to' I
IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM
Shi to
Tom Moraetes
Georgia Amateur Boxing Assn.
Augusta Boxing Club
1929 Walton Way
Auguta, GA 30904
.7:.11.
r.I~~I~~;I~:l
1178
. - .
Tolal WT
Ship VIA
DR /DR
QUOTE
.AMIEQ
QUOTATION
1_eR'STin.MSTli.~DIii1.I:J
1(706) 7;;'7s;-;-
I O:OLbs
Message:
You may also visit us at our website at www.ringside.com!
Thank you for your order!
il!j UPC
QTY . $/P ShlPfllJd I Item # ; I ~ -. Des'cnptlon I '. ~Urll Price DI5c ExtenSion PKG
m~~~-~'6j~~\~I,i~E,:,:;~~~, i=~, ~I' r,-l1~i~-:=--jl
j ['\ ! I \1 I / ( v/. ( \\ i , . f\ \ r' ,I
SB'P I:J I . SU~ER B:ODY'PROTECI1OR~ONE\SIZE~, II 39.990
PS~I; ! I (1 II 'Ii ~~E~I \\pJJcJ Sl" ~E#~ 1III U /[11 !'I 44.990
I i\ \;, I \ 1_.--1'. ) I ! r- I
TSl. \ \ LJ '. ._J 5-~~:TRAlNING-~CISSOR~ // I I 5.990
! L.~ Cill OJn n. DLSrf))j 'J.JI ,:; L-'7-- -5' I
ABL~OLENEJ . f L~\L'-lLs i
I i( (or-17[Z-/J~11 /:1l 1-0-) r::J-;) '\'? '-f0JY;;>' J
W~ 1 \,~ ~?J /./ PR0 STy~k~~~T~Ri36tiL]ij !
i <<Wl71lD ~j~~dj)'X~ I
MBS~-- RED/BLACK MEn:--BALL9(B----------' 39.990 239.9
_ _ ____ _ __ _ _ _ _ _ ________SMALL--:=-W/INSTRUCTIQNS. __ _ _ _ _ _____ ___ ______ __
6
4
2
4
3
4
15
6
6
(Ri~gside, Inc.
9650 Dice Lane
Lenexa, Ks 66215
Ringside, Inc.
9650 Dice Lane
Lenexa, Ks 66215
ship to
, -
54.990
49.990
39.990
329.94
199.96
79.98
159.9
11.99
179.8
35.9
5.99
HOW TO RETURN MERCHANDISE
1. You may return items with manufactures defect, or any item within 60 days of purchase, provided merchandise is "like new" and in sellable
condition. Normal wear and tear does not constitute "manufacturers defect." We do not accept returns on videos or custom made items.
2. Provide a daytime telephone number in case we need to contact you about your return....( _ )
3. Pm,;de an add,e" you want ",tum me'chaod;,e ,h;pped to, "I
4. Shipping and handling policy:
-Ship the return item ONLY by ground UPS or insured US Mail.
-If you are returning an item and are requesting additional or
-different merchandise you must pay for shipping. See current
-Catalog for standard shipping rates. For orders outside of
-continental USA and overweight items see the order form inside the catalog.
5. Tell us what item(s) you are returning and why (use the reason codes provided - for example if you are returning a shoe because the length
was too small use reason code 05 - this information will help to improve our products and service).
QUALITY
SE
PLEASE EXCHANGE FOR
REASON OTY. CATALOG ID# COLOR SIZE DESCRIPTION CURRENT
CODE PRICE
RVICE TOTAL FOR NEW MERCHANDISE
LESS REFUND
NEW TOTAL
6.875% SALES TAX (KANSAS REFUND)
SHIPPING/HANDLING
TOTAL FOR NEW MERCHANDISE
I AM RETURNING
,'-"", QTY. CATALOG ID# COLOR SIZE PRICE PAID
(CODE) CATALOG ID #
05. Too Small
06 - Too Large
07 ~ Wrong Color
06 . Did Not Like Style
09 - Defective
10. Did Not Function
11 - Wrong lIem Shlppedflnvoiced Correct
12. Wrong 1Iem Shipped/Invoiced Incorrect
13 - Damaged In Shipping ('See Below)
14. Ordered Wrong Item
Other
Please Comment)
REFUNDS:
o PLEASE CREDIT MY RINGSIDE ACCOUNT
o PLEASE ISSUE A REFUND CHECK
o PLEASE REFUND MT CREDIT CARD
AMOUNTS DUE:
o ENCLOSED IS A MONEY ORDER
o PLEASE CHARGE MY CREDIT CARD
o CARD#
VISA MASTERCARD
EXP. DATE
DISCOVER
IF YOU ARE NOT RETURNING THIS INVOICE WITH YOUR PACKAGE --YOU MUST
PROVIDE AN ORDER NUMBER OR THE NAME AND ADDRESS OF THE PERSON
WHO MADE THE PURCHASE.
RETURN RINGSIDE, INC. (ATTN. RETURNS)
MERCHANDISE TO: 9650 DICE LANE
LENEXA, KS 66215
IF YOU HAVE ANY QUESTIONS CONCERNING YOUR ORDER CALL US AT 1-(913)-888-1719.
* CARRIER DAMAGED SHIPMENTS: IF YOUR SHIPMENT WAS DAMAGED BY UPS, PLEASE CONTACT UPS IMMEDIATELY. PLEASE SAVE THE
PACKAGE AND DAMAGED GOODS IN CASE AN INSPECTION IS NECESSARY. A REPLACEMENT WILL BE MADE AS QUICKLY AS POSSIBLE.
'.
[_.1 !RingSide. Inc.
9650 Dice Lane
. . Lenexa, KS 66215
. ... 1-877-4-BOXING
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 PROTECT
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 RISKS.
~;fi I
Packing slip
.J.i..1I
r.J::]~~~:~:1
IMPORTANT RETURNS INFORMA TION ON REVERSE SIDE OF THIS FORM
Shi to
11/28/00
Mail to: I
Tom Moraetes
Georgia Amateur Boxing Assn.
Augusta Boxing Club
1929 Walton Way
Auguta, GA 30904
QUOTE
.AM/EQ
QUOTATION
. .
1178
DR IDR
Ship VIA
._emtin._.~mm""
1 (706) ;;;~;~;7""
I IIiIF.I.'".
O.OLbs
Message:
You may also visit us at our website at www.ringside.com!
Thank you for your order!
rA"'~]
UPC
QTY 8/P ShIp pod 1 Item # ,I ' I : ~De~cnptlon I Ur1t Pnce DISC ExtenSion PKG
39.990
239.94
6
MB~r-- . -- - -- . BLACK/RED MED. BALLTn'::Ir- ------.---.1
II r . - """ ri 1'-\ .MEDrUNC"W) 1 INS'E.RUGliIONS l-~'t--I
I I \: i \ \ I /' i I I I \ I
I! \ I I \ 1 I in. f I i I \ I
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ELBIN i \ I J '-_J ELBOWS IN ' ~ _ / I' I
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\ I 11 ~ /_ I I r t < l- L:, -.
FS'ifFT FAST FEE-T ..J cJU --' . ,
I . (( 0} c37'Z- /I} ~-~c~f~~(o)5v~JI~I( ~
JS<DLE R ,~\.:Vu JUMESOLES"PP,lR--^SIZE 81-10:S
i___________ ((:';)i!7/'lj ~;\/~Wi2;6':4J
JSOLE L JUMPSOLES PAIR-SIZE 10.5-14
6
3
4
4
4
4
~--- - -- -- - ,- ---- -- -------
I Ringside, Inc.
9650 Dice Lane
Lenexa, Ks 66215
-\
r; - --- --- ---- - ---
Ringside, Inc.
9650 Dice Lane
Lenexa, Ks 66215
J'h'P to I
",. . .~'-c. "
~
39.990
239.94
49.990 -- 149.97
24.990 - 99.96
22.990 - 91.9t
69.990 - 279.9t
69.990 - 279.9(
--- ------ ----------
, I
u_oJ
HOW TO RETURN MERCHANDISE
1. You may return items with manufactures defect, or any item within 60 days of purchase, provided me;'chandise is "like new" and in sellable
condition. Normal wear and tear does not constitute "manufacturers defect." We do not accept returns on videos or custom made items.
2. Provide a daytime telephone number in case we need to contact you about your return....( _ )
3. Pmv;de an addce" yO" want cetum me'chaod;,e ,h;pped to, "I
4. Shipping and handling policy:
-Ship the return item ONLY by ground UPS or insured US Mail.
-If you are returning an item and are requesting additional or
-different merchandise you must pay for shipping. See current
-Catalog for standard shipping rates. For orders outside of
-continental USA and overweight items see the order form inside the catalog.
5. Tell us what item(s) you are returning and why (use the reason codes provided - for example if you are returning a shoe because the length
was too small use reason code 05 - this information will help to improve our products and service).
QUALITY
SE
PLEASE EXCHANGE FOR
REASON OTY. CATALOG ID# COLOR SIZE DESCRIPTION CURRENT
CODE PRICE
RVICE TOTAL FOR NEW MERCHANDISE
LESS REFUND
NEW TOTAL
6.875% SALES TAX (KANSAS REFUND)
SHIPPING/HANDLING
TOTAL FOR NEW MERCHANDISE
I AM RETURNING
"""" OTY. CATALOG ID# COLOR SIZE PRICE PAID
(CODE) CATALOG ID #
05. Too Small
06 - Too Large
07 . Wrong CcMor
08 . Did Not Like Style
09 - Defective
10 . Did Not Function
11 - Wrong Item Shipped/Invoiced Correct
12 . Wrong Ilem Shipped/Invoiced Incorrect
13 - Damaged In Shipping ('See Below)
14 - Ordered Wrong Item
""'"
(Please Comment)
REFUNDS:
o PLEASE CREDIT MY RINGSIDE ACCOUNT
o PLEASE ISSUE A REFUND CHECK
o PLEASE REFUND MT CREDIT CARD
AMOUNTS DUE:
o ENCLOSED IS A MONEY ORDER
o PLEASE CHARGE MY CREDIT CARD
o CARD#
VISA MASTERCARD
EXP, DATE
DISCOVER
IF YOU ARE NOT RETURNING THIS INVOICE WITH YOUR PACKAGE --YOU MUST
PROVIDE AN ORDER NUMBER OR THE NAME AND ADDRESS OF THE PERSON
WHO MADE THE PURCHASE.
RETURN RINGSIDE, INC. (ATTN. RETURNS)
MERCHANDISE TO: 9650 DICE LANE
LENEXA, KS 66215
IF YOU HAVE ANY QUESTIONS CONCERNING YOUR ORDER CALL US AT 1-(913)-888-1719.
* CARRIER DAMAGED SHIPMENTS: IF YOUR SHIPMENT WAS DAMAGED BY UPS, PLEASE CONTACT UPS IMMEDIATELY. PLEASE SAVE THE
PACKAGE AND DAMAGED GOODS IN CASE AN INSPECTION IS NECESSARY. A REPLACEMENT WILL BE MADE AS QUICKLY AS POSSIBLE.
'.
!_I I Ringside, Inc.
9650 Dice Lane
, ... Lenexa, KS 66215
. .. 1-877-4-BOXING
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 PROTECT
BOXERS FROM lNJURY, AND THERE ARE NO WARRANTIES OF
ANY KINO. 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 RISKS.
PAGE __' DATE
14 I
Packing slip
11/28/00
r-.'::l~~~l;:l
Mail to: I
IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM
Shi to
Tom Moraetes
Georgia Amateur Boxing Assn.
Augusta Boxing Club
1929 Walton Way
Auguta, GA 30904
M113WIII:J_~I'
1178
II DR IDR
Sales ID
:fS1I;.J.;.JIIM~j
QUOTE
1~~Q'T"'l
__:l.IIt..
QUOTATION
l_eJCTin.w:Ri.~IJIii1'I~
l (706) 7~i:;~;7''''
I --
O.OLbs
rlLj
Ship VIA
UPC
Message:
You may also visit us at our website at www.ringside.coll1!
Thank you for your order!
QTY ~/p Stllpped 1 Item # I j- ~- De~cnptlon I . . Ur1t Price DISC Extension. PKG
6
PLiYC ---- ----'..SETOF";rPLYOMETRICCONES-----
W~E~~~"~\ \1-:-11 l!r\JOW~~\E'~lck~ls~' r-~III
i 1'\1 'II I, /" I 01 'I 'I I \ ' I
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wb~ S11 - I 11 . ~{M, wEl~frr;E'~ V'~S~ I 1\ 1 l\
I i J I II 1\ can \t Igo \illmaPf'w~ou~ ~.tral c}1g ! j, I
WD\,! L/{C \ 1 i I r ~/XL~EIGH1jEB VEpTl1 I) /) __I I
I i i\ \ ill I~a, n':t'goJ~D1~i(w/oyt ~tra:crg / ) L l.
WpBT ; \ .[ J tJ 'Y-EIGHTEDBELT WI-WEIGHTS 1-1
11_,'.---),. ~r(r)'f!n r~rD)r-~r~ -,,_/ -..I II
WDBT . RING'PADDING\2.22.""P90 ' !
I (( io()Y/7,,7,[1/*11)O(6(bO~NO,~IR*rl*M(jst~-,GO TRK
, \S,-~"F I. . ( '-,I" L:::)~~/(../0,JLI"-J\:::/
! ~, ,-. ((fl3zm)) dJ220~~Gf3 . . .
6.990
41. 94
6
9.990
59.94
5
34.990
174.95
5
34.990
174.95
8 ~
24.990
199.9
899.990
899.92
i
!
i
J
(Ringsid~, I~~.----
9650 Dice Lane
Lenexa, Ks 66215
--~
Ringside, Inc.
9650 Dice Lane
Lenexa, Ks 66215
ship to
',_~::.l,~:"
HOW TO RETURN MERCHANDISE
1. You may return items with manufactures defect, or any item within 60 days of purchase, provided merchandise is "like new" and in sellable
condition. Normal wear and tear does not constitute "manufacturers defect." We do not accept returns on videos or custom made items.
2. Provide a daytime telephone number in case we need to contact you about your return....( _ )
3. Pm';de an add,e" yO" waot ,etum me'chand;,e 'h;pped to' "I
4. Shipping and handling policy:
-Ship the return item ONLY by ground UPS or insured US Mail.
-If you are returning an item and are requesting additional or
-different merchandise you must pay for shipping. See current
-Catalog for standard shipping rates. For orders outside of
-continental USA and overweight items see the order form inside the catalog.
5. Tell us what item(s) you are returning and why (use the reason codes provided - for example if you are returning a shoe because the length
was too small use reason code 05 - this information will help to improve our products and service).
QUALITY
SE
PLEASE EXCHANGE FOR
REASON OTY. CATALOG ID# COLOR SIZE DESCRIPTION CURRENT
CODE PRICE
RVICE TOTAL FOR NEW MERCHANDISE
LESS REFUND
NEW TOTAL
6.875% SALES TAX (KANSAS REFUND)
SHIPPING/HANDLING
TOTAL FOR NEW MERCHANDISE
I AM RETURNING
'<AS"" QTY. CATALOG ID# COLOR SIZE PRICE PAID
"""" CATALOG ID #
05. Too Small
06 ~ Too Large
07 - Wrung Color
08 - Did Not Like Style
09 - Defective
10. Old Not Function
11 - Wrong Item Shipped/Invoiced Correct
12. Wrong Item Shipped/Invoiced Incorrect
13 - Damaged In Shipping ("See Below)
14 . Ordered Wrong Item
Other
(Please Comment
REFUNDS:
o PLEASE CREDIT MY RINGSIDE ACCOUNT
o PLEASE ISSUE A REFUND CHECK
o PLEASE REFUND MT CREDIT CARD
AMOUNTS DUE:
o ENCLOSED IS A MONEY ORDER
o PLEASE CHARGE MY CREDIT CARD
o CARD#
VISA MASTERCARD
EXP. DATE
DISCOVER
IF YOU ARE NOT RETURNING THIS INVOICE WITH YOUR PACKAGE --YOU MUST
PROVIDE AN ORDER NUMBER OR THE NAME AND ADDRESS OF THE PERSON
WHO MADE THE PURCHASE.
RETURN RINGSIDE, INC. (ATTN. RETURNS)
MERCHANDISE TO: 9650 DICE LANE
LENEXA, KS 66215
IF YOU HAVE ANY QUESTIONS CONCERNING YOUR ORDER CALL US AT 1-(913)-888-1719.
* CARRIER DAMAGED SHIPMENTS: IF YOUR SHIPMENT WAS DAMAGED BY UPS, PLEASE CONTACT UPS IMMEDIATELY. PLEASE SAVE THE
PACKAGE AND DAMAGED GOODS IN CASE AN INSPECTION IS NECESSARY. A REPLACEMENT WILL BE MADE AS QUICKLY AS POSSIBLE.
.". "
1_' I Ringside, Inc.
9650 Dice Lane
. Lenexa,KS 66215
. '. ., .. 1-877-4-BOXING
WARNING: BOXING IS A CONTACT SPORT IN WHICH VIOLENT
BLOWS ARE DELIVERED TO HEAD AND BODY, AND SUCH BLOWS
CAN CAUSE SERIOUS INJURY. THIS EaUIPMENT CANNOT PROTECT
BOXERS FROM INJURY, AND THERE ARE NO WARRANTIES OF
ANY KIND, EXPRESSEO OR IMPliED, THAT THIS EOUIPMENT WILL
PROTECT BOXERS FROM INJURY. THOSE WHO BOX ASSUME THE
RISK AND DANGER OF INJURY AND THIS EQUIPMENT CANNOT
PROTECT THEM FROM SUCH RISKS.
15 I
Packing slip
PAGE
DAlfE
11128/00
1,....,::J~~~I;:l
IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM
Shi to
Mail to;-I
Tom Moraetes
Georgia Amateur Boxing Assn.
Augusta Boxing Club
1929 Walton Way
Auguta, GA 30904
.............I.II:.J.ll'I.
Sales ID '
F;Q"'l
.:.I.I'I1I~~mm'l:J
I (706) 733-7533
1
rJ
,:mr:l.;.II1M=-"
QUOTE
1178
r DR /DR
Ship VIA
_.;.1......
QUOTATION
._....ol.n.""".~mrn"..
I OOL':.~
UPC
Message:
You may also visit us at our website at www.ringside.com!
Thank you for your order!
. : . '.
1
1
....
1
2
I
. ..
cd -.---- - ------...CORNER CUSHIONSRlNGS"fDETodo'--
cJs 1;.'\ r --j rl~~k/'~~ir~~f~T~9-~~': r--"J .,
iii', 1 I j \1 Ii (~/ l \\1 I II ~ \ I r
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I i j \( I III i.~BUJ.:.E.",. P911 ) 1\ \ \ I' ,I, I,. I'! i i ! I
I '. I I \ I \ V ......; i I f II .--' I
Rd 21 RiD III l,koR.,E c O~ERk 24';krnd ~4' ~OiA.L Llo I
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RQ 24 WH ROPEXs0VERS--24'RING 84' TOTAL,
I aF~~1-;7!cwHlT;E1-~,9j ~))1((j))v<nl ~-VCs,0) I
: \\ ,-,/0 .J U <J L.:.: "~/,'.A~UI_I",~ jl
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:_______ __.' - ~\!)(.llj1 -~~~~~=.~'.~~ ~J
(Ringsfde~lnc:-
9650 Dice Lane
Lenexa, Ks 66215
'\
(Ringside, Inc.
9650 Dice Lane
Lenexa, Ks 66215
ship to
. . .
69.990 n 69.94
104.990 n 104.99
39.990 -- 39.99
39.990 -- 79.98
39.990 - 39.92
.J ~
HOW TO RETURN MERCHANDISE
1. You may return items with manufactures defect, or any item within 60 days of purchase, provided me;'chandise is "like new" and in sellable
condition. Normal wear and tear does not constitute "manufacturers defect." We do not accept returns on videos or custom made items.
2. Provide a daytime telephone number in case we need to contact you about your return....( _ )
3. Pmv;de ao add,e" you waot ,etum me'chand;", ,h;pped to, "I
4. Shipping and handling policy:
-Ship the return item ONLY by ground UPS or insured US Mail.
-If you are returning an item and are requesting additional or
-different merchandise you must pay for shipping. See current
-Catalog for standard shipping rates. For orders outside of
-continental USA and overweight items see the order form inside the catalog.
5. Tell us what item(s) you are returning and why (use the reason codes provided - for example if you are returning a shoe because the length
was too small use reason code 05 - this information will help to improve our products and service).
I AM RETURNING PLEASE EXCHANGE FOR
"""" OTY, CATALOG ID# COLOR SIZE PRICE PAID REASON OTY. CATALOG ID# COLOR SIZE DESCRIPTION CURRENT
rCOOE) CODE PRICE
CATALOG ID #
QUALITY SERVICE TOTAL FOR NEW MERCHANDISE
05 - Too Small 07 . Wrong Color 11 . Wrong Item Shipped/Invoiced Correct LESS REFUND
06 - Too Large 08 - Did Not Like Sty1e 12. Wrong Item Shippedflnvoiced Incorrect
09 . Defective 13 - Damaged In Shipping rSee Below ) NEW TOTAL
10 - Old Not Function 14 . Ordered Wrong Item
I $.~'::se Convnenll 6.875% SALES TAX (KANSAS REFUND)
SHIPPING/HANDLING
TOTAL FOR NEW MERCHANDISE
REFUNDS:
o PLEASE CREDIT MY RINGSIDE ACCOUNT
o PLEASE ISSUE A REFUND CHECK
o PLEASE REFUND MT CREDIT CARD
AMOUNTS DUE:
o ENCLOSED IS A MONEY ORDER
o PLEASE CHARGE MY CREDIT CARD
o CARD#
VISA MASTERCARD
EXP. DATE
DISCOVER
IF YOU ARE NOT RETURNING THIS INVOICE WITH YOUR PACKAGE --YOU MUST
PROVIDE AN ORDER NUMBER OR THE NAME AND ADDRESS OF THE PERSON
WHO MADE THE PURCHASE.
RETURN RINGSIDE, INC. (ATTN. RETURNS)
MERCHANDISE TO: 9650 DICE LANE
LENEXA, KS 66215
IF YOU HAVE ANY QUESTIONS CONCERNING YOUR ORDER CALL US AT 1-(913)-888-1719.
* CARRIER DAMAGED SHIPMENTS: IF YOUR SHIPMENT WAS DAMAGED BY UPS, PLEASE CONTACT UPS IMMEDIATELY. PLEASE SAVE THE
PACKAGE AND DAMAGED GOODS IN CASE AN INSPECTION IS NECESSARY. A REPLACEMENT WILL BE MADE AS QUICKLY AS POSSIBLE.
. ...
I_I I Ringside, Inc.
9650 Dice Lane
, :. Lenexa, KS 66215
. ... 1-877-4-BOXING
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 PROTECT
BOXERS FROM INJURY, AND THERE ARE NO WARRANTIES OF
ANY KIND, EXPRESSED OR IMPLIED, THAT THIS EQUIPMENT WILt..
PROTECT BOXERS FROM INJURY. THOSE WHO BOX ASSUME THE
RISK AND DANGER OF INJURY AND THIS eQUIPMENT CANNOT
PROTECT THEM FROM SUCH RISKS.
PAGE
DAljE
11/28/00
r.'::]~~~ll~:l
16 I
Packing slip
IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM
Shl to
Mail to 1 i
Tom Moraetes
Georgia Amateur Boxing Assn.
Augusta Boxing Club
1929 Walton Way
Auguta, GA 30904
QUO~~""""'~' F~Q"'l QUOTATION
I (706) 7;~~~~;7- I O.OL';;"' T'~I UPC
You may also visit us at our website at www.ringside.com!
_'J."iI:lIlI;.J_~I.
1178
Sales ID
" i Terms
t DR /DR
Message:
Thank you for your order!
Ship VIA .
QTY ~/;o Shlppod I Item # 11 'I' - -.. - De~cnptlon I - Urit Pnce DISC Extension PKG
4.990
9.98
2
RB-2-' ----- .----, -PKO-RING-BUCKETP9X----.-.----:
! --'" I' r-" n /-~\ IJ n I~ !l~!
Sr-4 \ I II \SP?ffiM1\TE \ffMEI~111 ! I \ I I j
; f\ I' \\ I ( ! 'v/ \ ("\1 II r '\ 1 I~ I
CMTMR) i i I <.\?ORNERMANZS TIMER I \ I, I ~ ;
I ! .- J I I 'I R \ I \ lL I \ \ I I !: I I;
ssk i, '.\ \\! II 1\\*P~O.IFE-S,'~IO NAL TPRNB1Ud~LE P93r,J .1
: ! i I j 1\ /: II I V ! I l .1
, " I I \ "'-J '-... J I J 1'"1 J
TTf I ! \ . \ L~J ' _--~~~~ST~E~X~}.5@52.~,P26 "
I L__' '-" l7f n lnn" 'I 5~1 ;::f3 , L,.__.J !
RRC 24 BL . GANVcAS.RINGG0VER P89 BLUE
! f, ",I ~,-;J,-) L/. 7c;.~*N 0 <f.(j);,l), '1'*", *'NO, \Allf7ll i0J I' 'Il! r?'"'-" II
I \ \ ' Q " .I ;1 .,1 L ~.~ D 1\ '-' ~ f 0. "\ i I. 1'\ ~ ,'::, )
PFB 2 \) \.~j ~j, -POM/AIR WATERBAG-'150LB -,' ,
1~~1Zi'zt1)~j~B:JT"~&j3 . -.' I
L_ ..__.__ ____,. ___,_ ,,__ _...., __.__J
UDEB NEW ULTIMATE DOUBLE END BAG
3
16
5
2
4
rRi;;g~ide, Inc.
9650 Dice Lane
Lenexa, Ks 66215
--"
Ringside, Inc.
9650 Dice Lane
Lenexa, Ks 66215
. ship to
:'
r ~ .'
l~_~
139.990
139.99
11.990
35.97
29.990
479.84
11.990
59.95
S79.990
349.98
74.990
159.96
39.990
159.96
t ;~"' .
-...
HOW TO RETURN MERCHANDISE
1. You may return items with manufactures defect, or any item within 60 days of purchase, provided merchandise is "like new" and in sellable
condition. Normal wear and tear does not constitute "manufacturers defect." We do not accept returns on videos or custom made items.
2. Provide a daytime telephone number in case we need to contact you about your return....( _ )
3. Pco,;d. ao add,." you waol cetum mecchand;,e 'h;pped h "I
4. Shipping and handling policy:
-Ship the return item ONLY by ground UPS or insured US Mail.
-If you are returning an item and are requesting additional or
-different merchandise you must pay for shipping. See current
-Catalog for standard shipping rates. For orders outside of
-continental USA and overweight items see the order form inside the catalog.
5. Tell us what item(s) you are returning and why (use the reason codes provided - for example if you are returning a shoe because the length
was too small use reason code 05 - this information will help to improve our products and service).
QUALITY
SE
PLEASE EXCHANGE FOR
REASON OTY. CATALOG ID# COLOR SIZE DESCRIPTION CURRENT
CODE PRICE
RVICE TOTAL FOR NEW MERCHANDISE
LESS REFUND
NEW TOTAL
6.875% SALES TAX (KANSAS REFUND)
SHIPPING/HANDLING
TOTAL FOR NEW MERCHANDISE
I AM RETURNING
l'l:EASON QTY. CATALOG ID# COLOR SIZE PRICE PAID
(CODE) CATALOG ID #
05. Too Small
06 - Too Large
07 - Wrong Color
08 - Did Not Like $tyll)
09 - Defective
10 - Did Not Function
11 - Wrong Item Shipped/Invoiced Correct
12 - Wrong Item Shipped/Invoiced Incorrect
13 - Damaged In Shipping ("See Below)
14 - Ordered Wrong Item
Other
(Please Comment)
REFUNDS:
o PLEASE CREDIT MY RINGSIDE ACCOUNT
o PLEASE ISSUE A REFUND CHECK
o PLEASE REFUND MT CREDIT CARD
AMOUNTS DUE:
o ENCLOSED IS A MONEY ORDER
o PLEASE CHARGE MY CREDIT CARD
o CARD#
VISA MASTERCARD
EXP. DATE
DISCOVER
IF YOU ARE NOT RETURNING THIS INVOICE WITH YOUR PACKAGE --YOU MUST
PROVIDE AN ORDER NUMBER OR THE NAME AND ADDRESS OF THE PERSON
WHO MADE THE PURCHASE.
RETURN RINGSIDE, INC. (ATTN. RETURNS)
MERCHANDISE TO: 9650 DICE LANE
LENEXA, KS 66215
IF YOU HAVE ANY QUESTIONS CONCERNING YOUR ORDER CALL US AT 1-(913)-888-1719.
* CARRIER DAMAGED SHIPMENTS: IF YOUR SHIPMENT WAS DAMAGED BY UPS, PLEASE CONTACT UPS IMMEDIATELY. PLEASE SAVE THE
PACKAGE AND DAMAGED GOODS IN CASE AN INSPECTION IS NECESSARY. A REPLACEMENT WILL BE MADE AS QUICKLY AS POSSIBLE.
. ~.;'
I_I I Ringside, Inc.
9650 Dice Lane
, :'. Lenexa, KS 66215
... 1-877-4-BOXING
Mail to! 1 _
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 PROTECT
BOXERS FROM INJURY, AND THERE ARE NO WARRANTIES OF
ANY KIND, EXPRESSED OR IMPLIED, THAT nus EQUIPMENT WILL
PROTECT BOXERS FROM INJURY, THOSE WHO BOX ASSUME THE
RISK "NO DANGER OF INJURY "NO THIS EQUIPMENT CANNOT
PROTECT THEM FROM SUCH RISKS.
~;~ I
Packing slip
.,~..n
11/28/00
IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM
Shi to
T om Moraetes
Georgia Amateur Boxing Assn.
Augusta Boxing Club
1929 Walton Way
Auguta, GA 30904
.uJ".,.~I:IIII:.I_.:'I..
Sales I D
1178
t DR /DR
._...-"'n.eF.m.~mrn.,,,
Message:
r.J::I~~~~:1
QUO~~"''''''''.' 1~~~Q"'l QUOTA nON
rr I (706) 7;;~~~';';'- I OOL:~~
You may also visit us at our website at www.ringside.com!
, . f Terms
Thank you for your order!
Ship VIA
UPC
QTY l?/P ShIpped I Item # , I _ Descnptlon I Ur1t Pnce DISC ExtenSion PKG
FTpFfr~\'I~~; -1-~~~~~~;itT~~~~~:~~~~ ---'~~~=~~'-l
i J i i I \1 11 n,) / r> i I I: \. 'Ii I.j
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I ! U I 1RbTEaTOR~LA~GE I I ( \ I L"l I
GJJp I ( I II II 0GOLbE~h~~s UoJkJci I rJ, I
I I ~\ \ II 1'\ j \ ) I I I 'I V I I I I
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PUMP \) '--~ DR~~RUMP/~ ~ ~/ ~L _J '\... '---' I
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L_,_.____, ____...~______ _ ____,.,____..J
3
3
25
2
2
2
( Ringslde,-'nc.
9650 Dice Lane
Lenexa, Ks 66215
19.990
19.990
3.290
29.990
29.990
7.990
(Ringside, 'n~:--'--
9650 Dice Lane
Lenexa, Ks 66215
'\
ship tQ
59.97
59.97
82.25
59.98
59.98
15.98
." ..
HOW TO RETURN MERCHANDISE
1. You may return items with manufactures defect, or any item within 60 days of purchase, provided me;'chandise is "like new" and in sellable
condition. Normal wear and tear does not constitute "manufacturers defect." We do not accept returns on videos or custom made items.
2. Provide a daytime telephone number in case we need to contact you about your return....( _ )
3. P,o,;de an add,e" you want retum me'chandj,e ,h;pped to, "I
4. Shipping and handling policy:
-Ship the return item ONLY by ground UPS or insured US Mail.
-If you are returning an item and are requesting additional or
-different merchandise you must pay for shipping. See current
-Catalog for standard shipping rates. For orders outside of
-continental USA and overweight items see the order form inside the catalog.
5. Tell us what item(s) you are returning and why (use the reason codes provided - for example if you are returning a shoe because the length
was too small use reason code 05 - this information will help to improve our products and service).
05. Too Small
06. Too large
QUALITY
07 - Wrong Color
08 . Did Not like Style
09 - Defective
10. Did Not Function
SE
PLEASE EXCHANGE FOR
REASON OTY, CATALOG ID# COLOR SIZE DESCRIPTION CURRENT
CODE PRICE
RVICE TOTAL FOR NEW MERCHANDISE
LESS REFUND
NEW TOTAL
6.875% SALES TAX (KANSAS REFUND)
SHIPPING/HANDLING
TOTAL FOR NEW MERCHANDISE
I AM RETURNING
'''''''' OTY. CATALOG ID# COLOR SIZE PRICE PAID
(COOE) CATALOG ID #
11 . Wrong Item Shippedllnvoiced Correct
12 - Wrong Item Shlppedllnvoiced Incorrect
13. Damaged In Shipping (OSee Below)
14 - Ordered Wrong Ilem
Other
Please Comment)
REFUNDS:
o PLEASE CREDIT MY RINGSIDE ACCOUNT
o PLEASE ISSUE A REFUND CHECK
o PLEASE REFUND MT CREDIT CARD
AMOUNTS DUE:
o ENCLOSED IS A MONEY ORDER
o PLEASE CHARGE MY CREDIT CARD
o CARD#
VISA MASTERCARD
EXP. DATE
DISCOVER
IF YOU ARE NOT RETURNING THIS INVOICE WITH YOUR PACKAGE --YOU MUST
PROVIDE AN ORDER NUMBER OR THE NAME AND ADDRESS OF THE PERSON
WHO MADE THE PURCHASE.
RETURN RINGSIDE, INC. (ATTN. RETURNS)
MERCHANDISE TO: 9650 DICE LANE
LENEXA, KS 66215
IF YOU HAVE ANY QUESTIONS CONCERNING YOUR ORDER CALL US AT 1-(913)-888-1719.
* CARRIER DAMAGED SHIPMENTS: IF YOUR SHIPMENT WAS DAMAGED BY UPS, PLEASE CONTACT UPS IMMEDIATELY. PLEASE SAVE THE
PACKAGE AND DAMAGED GOODS IN CASE AN INSPECTION IS NECESSARY. A REPLACEMENT WILL BE MADE AS QUICKLY AS POSSIBLE.
.' ~~'i" "j
..
1_' I Ringside, Inc.
9650 Dice Lane
, .. Lenexa, KS 66215
.,... 1-877-4-BOXING
Mail to 11
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 PROTECT
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 RISKS.
:f.L'tet I
18
Packing slip
.'.L..11
11/28/00
IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM
Shi to .
Tom Moraetes
Georgia Amateur Boxing Assn.
Augusta Boxing Club
1929 Walton Way
Auguta, GA 30904
_1J,."trel..I:J.IlI..
1178
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Sales ID I
1_MG1in.W:Y..llImm.l:J
Message:
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Ship VIA
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Thank you for your order!
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HOW TO RETURN MERCHANDISE
1. You may return items with manufactures defect, or any item within 60 days of purchase, provided merchandise is "like new" and in sellable
condition. Normal wear and tear does not constitute "manufacturers defect." We do not accept returns on videos or custom made items.
2. Provide a daytime telephone number in case we need to contact you about your return....( _ )
3. Pmv;de ao add,e" you waot 'etum mecohand;,e 'h;pped to," I
4. Shipping and handling policy:
-Ship the return item ONLY by ground UPS or insured US Mail.
-If you are returning an item and are requesting additional or
-different merchandise you must pay for shipping. See current
-Catalog for standard shipping rates. For orders outside of
-continental USA and overweight items see the order form inside the catalog.
5. Tell us what item(s) you are returning and why (use the reason codes provided - for example if you are returning a shoe because the length
was too small use reason code 05 - this information will help to improve our products and service).
I AM RETURNING
"""" OTY. CATALOG ID# COLOR SIZE PRICE PAID
(CODE) CATALOG ID #
QUALITY
SE
PLEASE EXCHANGE FOR
REASON OTY. CATALOG ID# COLOR SIZE DESCRIPTION CURRENT
CODE PRICE
RVICE TOTAL FOR NEW MERCHANDISE
LESS REFUND
NEW TOTAL
6.875% SALES TAX (KANSAS REFUND)
SHIPPING/HANDLING
TOTAL FOR NEW MERCHANDISE
05 - Too Small
06 - Too Large
07 - Wrong Color
08 - Did Not like Style
09 - Defective
10 - Did Not Function
11 - Wrong Item Shipped/Invoiced Correct
12 - Wrong Hem Shipped/Invoiced Incorrect
13 - Damaged In Shipping (OSee Below )
14 - Ordered Wroog Item
Other
Please Comment)
REFUNDS:
o PLEASE CREDIT MY RINGSIDE ACCOUNT
o PLEASE ISSUE A REFUND CHECK
o PLEASE REFUND MT CREDIT CARD
AMOUNTS DUE:
o ENCLOSED IS A MONEY ORDER
o PLEASE CHARGE MY CREDIT CARD
o CARD#
VISA MASTERCARD
EXP, DATE
DISCOVER
IF YOU ARE NOT RETURNING THIS INVOICE WITH YOUR PACKAGE --YOU MUST
PROVIDE AN ORDER NUMBER OR THE NAME AND ADDRESS OF THE PERSON
WHO MADE THE PURCHASE.
RETURN RINGSIDE, INC. (ATTN. RETURNS)
MERCHANDISE TO: 9650 DICE LANE
LENEXA, KS 66215
IF YOU HAVE ANY QUESTIONS CONCERNING YOUR ORDER CALL US AT 1-(913)-888-1719.
* CARRIER DAMAGED SHIPMENTS: IF YOUR SHIPMENT WAS DAMAGED BY UPS, PLEASE CONTACT UPS IMMEDIATELY. PLEASE SAVE THE
PACKAGE AND DAMAGED GOODS IN CASE AN INSPECTION IS NECESSARY. A REPLACEMENT WILL BE MADE AS QUICKLY AS POSSIBLE.
~~ r;ji i ~
I_I I Ringside, Inc.
9650 Dice Lane
, " . Lenexa, KS 66215
. .. 1-877-4-BOXING
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 PROTECT
BOXERS FROM INJURY, AND THERE ARE NO WARRANTIES OF
ANY KINO, EXPRESSED OR IMPLIED, THAT THIS EaUIPMENT W1U
PROTECT BOXERS FROM INJURY. THOSE WHO BOX ASSUME THE
RISK AND DANGER OF INJURY AND THIS EQUIPMENT CANNOT
PROTECT THEM FROM SUCH RISKS.
PAGE
DAljE
19
Packing slip
11/28/00
r.I~~:I~~~~:1
Mail to ; I
IMPORTANT RETURNS INFORMA TION ON REVERSE SIDE OF THIS FORM
Shi to
Tom Moraetes
Georgia Amateur Boxing Assn.
Augusta Boxing Club
1929 Walton Way
Auguta, GA 30904
..-n;;:'"tI:l"'I;j_~I.
. I Sales ID :
QUO~~~I~"M"" ~~Q'T"-l QUOTAT~~~"'k
[l I (706) ;;;::;;;;-- I O.OL::- ~ ope
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I
,
1178
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Message:
You may also visit us at our website at www.ringside.com!
Thank you for your order!
-
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I Ringside, Inc.
9650 Dice Lane
Lenexa, Ks 66215
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Ringside, Inc.
9650 Dice Lane
Lenexa, Ks 66215
shiP.to
~ ,~ .
f('
..
J '" &:
HOW TO RETURN MERCHANDISE
1. You may return items with manufactures defect, or any item within 60 days of purchase, provided me;'chandise is "like new" and in sellable
condition. Normal wear and tear does not constitute "manufacturers defect." We do not accept returns on videos or custom made items.
2. Provide a daytime telephone number in case we need to contact you about your return....( _ )
3. Pcov;de ao add,e" you waot ,etum me,chand;,e ,h;pped to, "I
4. Shipping and handling policy:
-Ship the return item ONLY by ground UPS or insured US Mail.
-If you are returning an item and are requesting additional or
-different merchandise you must pay for shipping. See current
-Catalog for standard shipping rates. For orders outside of
-continental USA and overweight items see the order form inside the catalog.
5. Tell us what item(s) you are returning and why (use the reason codes provided - for example if you are returning a shoe because the length
was too small use reason code 05 - this information will help to improve our products and service).
05 - Too Small
06 - Too Large
QUALITY
07 . Wrong Color
08 - Old Not Like Style
09 . Defective
10 - Did Not Function
SE
PLEASE EXCHANGE FOR
REASON OTY. CATALOG ID# COLOR SIZE DESCRIPTION CURRENT
CODE PRICE
RVICE TOTAL FOR NEW MERCHANDISE
LESS REFUND
NEW TOTAL
6.875% SALES TAX (KANSAS REFUND)
SHIPPING/HANDLING
TOTAL FOR NEW MERCHANDISE
I AM RETURNING
.""", OTY. CATALOG ID# COLOR SIZE PRICE PAID
(CODE) CATALOG ID #
11 - Wrong Item Shipped/Invoiced Correct
12 - Wrong Item Shippedflnvoiced Incorrect
13. Damaged In Shipping ("See Below )
14 - Ordered Wrong Item
Other
(Please Gonvnenl
REFUNDS:
o PLEASE CREDIT MY RINGSIDE ACCOUNT
o PLEASE ISSUE A REFUND CHECK
o PLEASE REFUND MT CREDIT CARD
AMOUNTS DUE:
o ENCLOSED IS A MONEY ORDER
o PLEASE CHARGE MY CREDIT CARD
o CARD#
VISA MASTERCARD
EXP. DATE
DISCOVER
IF YOU ARE NOT RETURNING THIS INVOICE WITH YOUR PACKAGE --YOU MUST
PROVIDE AN ORDER NUMBER OR THE NAME AND ADDRESS OF THE PERSON
WHO MADE THE PURCHASE.
RETURN RINGSIDE, INC. (ATTN. RETURNS)
MERCHANDISE TO: 9650 DICE LANE
LENEXA, KS 66215
IF YOU HAVE ANY QUESTIONS CONCERNING YOUR ORDER CALL US AT 1-(913)-888-1719.
* CARRIER DAMAGED SHIPMENTS: IF YOUR SHIPMENT WAS DAMAGED BY UPS, PLEASE CONTACT UPS IMMEDIATELY. PLEASE SAVE THE
PACKAGE AND DAMAGED GOODS IN CASE AN INSPECTION IS NECESSARY. A REPLACEMENT WILL BE MADE AS QUICKLY AS POSSIBLE.
;;; '"I;" If_
1_' I Ringside, Inc.
9650 Dice Lane
:. Lenexa, KS 66215
. . 1-877-4-BOXING
WARNING: BOXING IS A CONTACT SPORT IN WHICH VIOLENT
BLOWS ARE DELIVERED TO HEAD AND BODY, AND SUCH BLOWS
CAN CAUSE SERIOUS INJURY. THIS EaUIPMENT CANNOT PROTECT
BOXERS FROM INJURY, AND THERE ARE NO WARRANTIES OF
ANY KIND, EXPRESSEO 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 RISKS.
:I~'{et
.7~'1I
r.lt:]~~~I~:l
20
Packing slip
11/28/00
Mail toll
IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM
Shi to
Tom Moraetes
Georgia Amateur Boxing Assn.
Augusta Boxing Club
1929 Walton Way
Auguta, GA 30904
Sales ID :
,
iD~l
-tJ".1I:IU1;J_Ill..
1178
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1:al;.l.:JIIM=-'
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1(706) 733-7533
I IiIF-'1."'.
O.OLbs
I~~"'n- ~~TJr_
Message:
You may also visit us at our website at www.ringside.com!
Thank you for your order!
QTY " 8/;0 ShIpped I Item # I 1 -. . De~cnptlol1 ! _ - u;mt Pnce DISC ExtenSion PKG
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( Ringside, Inc.
9650 Dice Lane
Lenexa, Ks 66215
ship to.
,,;OO./'-
1
I
J
t.~ I" if.
HOW TO RETURN MERCHANDISE ..
1. You may return items with manufactures defect, or any item within 60 days of purchase, provided merchandise is "like new" and in sellable
condition. Normal wear and tear does not constitute "manufacturers defect." We do not accept returns on videos or custom made items.
2. Provide a daytime telephone number in case we need to contact you about your return....( _ )
3. Provide an address you want return merchandise shipped to: ~ ~ I
4. Shipping and handling policy:
-Ship the return item ONLY by ground UPS or insured US Mail.
-If you are returning an item and are requesting additional or
-different merchandise you must pay for shipping. See current
-Catalog for standard shipping rates. For orders outside of
-continental USA and overweight items see the order form inside the catalog.
5. Tell us what item(s) you are returning and why (use the reason codes provided - for example if you are returning a shoe because the length
was too small use reason code 05 - this information will help to improve our products and service).
05. Too Small
06. Too large
QUALITY
07 . Wrong Color
OS . Did Not like Style
09 - Defective
10 . Did Not Function
SE
PLEASE EXCHANGE FOR
REASON OTY. CATALOG ID# COLOR SIZE DESCRIPTION CURRENT
CODE PRICE
RVICE TOTAL FOR NEW MERCHANDISE
LESS REFUND
NEW TOTAL
6.875% SALES TAX (KANSAS REFUND)
SHIPPING/HANDLING
TOTAL FOR NEW MERCHANDISE
I AM RETURNING
,,- OTY CATALOG ID# COLOR SIZE PRICE PAID
,000'" CATALOG ID #
11 - Wrong Item Shippedi1nvoiced Correct
12 - Wrong Item Shipped/Invoiced Incorrect
13 . Damaged In Shipping rSee Below )
14. Ordered Wrong Item
Olhe.
Plc8$.6 Comment)
REFUNDS:
o PLEASE CREDIT MY RINGSIDE ACCOUNT
o PLEASE ISSUE A REFUND CHECK
o PLEASE REFUND MT CREDIT CARD
AMOUNTS DUE:
o ENCLOSED IS A MONEY ORDER
o PLEASE CHARGE MY CREDIT CARD
o CARD#
VISA MASTERCARD
EXP. DATE
DISCOVER
IF YOU ARE NOT RETURNING THIS INVOICE WITH YOUR PACKAGE --YOU MUST
PROVIDE AN ORDER NUMBER OR THE NAME AND ADDRESS OF THE PERSON
WHO MADE THE PURCHASE.
RETURN RINGSIDE, INC. (ATTN. RETURNS)
MERCHANDISE TO: 9650 DICE LANE
LENEXA, KS 66215
IF YOU HAVE ANY QUESTIONS CONCERNING YOUR ORDER CALL US AT 1-(913)-888-1719.
* CARRIER DAMAGED SHIPMENTS: IF YOUR SHIPMENT WAS DAMAGED BY UPS, PLEASE CONTACT UPS IMMEDIATELY. PLEASE SAVE THE
PACKAGE AND DAMAGED GOODS IN CASE AN INSPECTION IS NECESSARY. A REPLACEMENT WILL BE MADE AS QUICKLY AS POSSIBLE.
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
MEMORANDUM
TO: Honorable Charles W. Walker, Senate Majority Leader
. FROM: Lena J. Bonner, Clerk of Commission
. DATE: Augusta 31, 2001
SUBJECT: Fiscal Year 2002 Local. Assistance Grant Awards
Enclosed are the following grant awards representing total payment of their FY2001-
2002 State of Georgia appropriations through the Georgia Department' of Community
Affairs Local Assistance Grant Program.
ORGANIZATION GRANT NO. AMOUNT
Neiqhborhood Improvement 02-C-L-133 & 742 $30,000
Koinonia Community 02-C-L-699 I $50,000
Development Corp d/b/a/ ,
East Augusta Learning
Center .
Delta Leadership Proqram 02-C-L-772 $20,000
CSRA Transitional Center 02-C-L-131,736 $45,000
National Legacy . 02-C-L-617 $100,000
Foundation
CSRA Economic 02-C-L-655 $50,000
Opportunity
If I can be of further assistance, please feel free to call.
Picked up by /~ y/!(~:-u,?/." .
Date ?/~)/.llol' r .
1
GEORGIA DEPARTlVIENT OF
COMMUNITY AFFAIRS
Jim Higdon
cOJ\-L1nSSlONER
July 9, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Mayor
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 2002 State Budget. The attached cO'ntract when executed commits
state funds for operational funding 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 attoll1ey.
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 attoll1ey carefully review this exhibit.
If, after reviewing the agreement, .you wish to proceed please execute it by signing and retull1ing
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full 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
ildministration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404)
679-4943.
JH/ja
Enclosure
cc: Richmond County Legislative Delegation
J:J--Ci--- ?7J)
EQUAL 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
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMESB. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR.
STEPHEN E. SHEPARD
MARION WILLIAMS
BOB YOUNG
Mayor
r.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
Admil~istrator
WM. "WILLIE" H. MAYS, III
Mayor Pro Tem
MEMORANDUM
To:'
DELTA LEADERSHIP TRAINING PROGRAM
From:
Jim Wall
Date:
June 5, 2001
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 t() the private entity in the form of a contract for services. In addition,
_ the cOI~tract 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 constitufional prohihition against paying funds to, or contracting
with, a sectarian entity. We have been requih~;l tp conduct "such factual inquiries as may be reasonably
necessary to enforce" the sectarian aid pr(jh~b'itibn.' 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 thanhe.Q:ity audit address all grant funds. !herefore, please note the
language included in paragraph 3. . . - --
I have attached two copies 91' the cOI~tract, slllce we must provide one copy to DCA. The
remaining copy is for the City's recor:d~.- .
Please e~ecute both copies ofthecontracfin_ord~rtJiat they maybe returned to me. Further, if
you s'hould have any questions concerning eitl,1er the scope of-services or the certification,please call me.
.-
~;
~,.lr,
- "
;..:.:
-tj
Grant No. 02-C-L-772
Page 1 of 5
STATE OF GEORGIA
COUNTY OF lDEKALB
STATE OF GEORGIA
DEPARTMENT OF COMMUNITY AFFAIRS
AGREEMENT FOR GRANTING OF STATE FUNDS
THIS AGREEMENT entered into this 2nd day of July, 2001, by and bernieen 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 authoIized 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. '[be 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
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:
$20.000
Within twenty days ~f 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.
{'
i.
Grant No; 02-C-L-772
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 ~4q-lO-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 infonnation. 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 repo'rt. 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 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 perf~rming 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 terinination. any funds under
this Agreement have not been disbursed to Recipient, said funds shall be retained by the Department.
l
"
Grant No. 02-C-L-772
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 chprch, 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, witllout 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 Qther 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. 02-C-L-772
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first WIitten
above.
By:
Mayor
. Federal Employers 10 Number:
<5 g - :J:2() if J7 tf
,
Attachments: Exhibit A. "Scope of Services"
By:
~~
-\
Grant No. 02~C-L-772
Page 5 of 5
EXHIBIT A
The Local Assistance Grant shall be used by Augusta-Richmond County for operational funding for the
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 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'.
..
.
2:..'-
to.. "!'~ :-:t...;-
STA TE OF GEORGIA )
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this 5" day of June, 200], between AUGUSTA,
GEORGIA, a political subdivision of the State of Georgia, acting by ,!-f)d through the ~usta-Richmond County
HD l.l.A.Q.J, d'vv:- L .
Commission, (hereinafter referred to as "AUGUSTA"); and DELTA bEADERSIIIP TRAINING 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:
]. AUGUSTA agre.es to appropriate to the ORGANIZATION, and the ORGANIZATION
accepts, the sum of $20,000.00 (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 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
-r-
I{. . '; ~
o
I
Police and fire protection;
I'
Garbage and solid waste collection and disposal;
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
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 AUGUSTA, the State of Georgia, or any of their departments, agents,
or employees deems necessary to m9nitor performance of this Agreement. ORGANIZATION, therefore, agrees to
maintain proper and accurate books, records andaccounts 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
1.
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 tothe ORGANIZATION or others. The
ORGANIZA TION 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 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. ~ 50-14-1, 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. ORGANIZA TION cel1ifies 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 ch~rch, 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 cOl11prehensive 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 outofbeliefin 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. [fat 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 pafd pursuant to this Agreement.
12. All claims, disputes and other matters in question between the AUGUSTA and
ORGANIZA TlION 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 Richinond County, Georgia.
4
1'.. "" .~, . ..''''
13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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:
l-h '........u.J ,~LL- . vnB
DELTJLEADERSHIP TRAINING PROGRAM.
% t!JvU.d-J /JL~ ~)
/1/6, p~ sA.:u ()-
-Av--~-I-r-'-,. 6 rJ 6-oCtO)
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.
DEL TA LEADERSHIP TRAINING PROGRAM
ORGANIZA TION
By: t!kt~_:J /~.~ ~
As its S-tl v:
A~\GU TA, ~RGIA
~' I t-v'
y:
As its Mayo
./
ATTEST:
Title:
ATTEST:
Sworn to and subscribed
before me this3~ day of
JU 200 I.
Notary Pub c
My COf!lmission Expire~: f
t1~,J)-LC' :lOD-r..
-~
" "/......
~ ,,_c:"'V....
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/- ". .'~. -:.' - ",':;,-j
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-'~"r7~~7~ ~~:~~.;~~
5
- ~-_._-~
.' .AUgl;;lS~8ich~on~ Countv-
Finance Department
,_ f . I
Memo
To: State Grant Recipient
From: AI Denis, Grants Manager
CC: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
In accordance with grant agreement ~ -C-L- 'TJJ... it is acknowledged that upon
request the Recipient. agrees to provide the ~~rtment with any information,
documents and/or photographs that Augusta, the State of Georgia, or any' of their
departments, agents, or employees (hereinafter collectively "Grantor") 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the.department will contact you and a time
will be arranged in which to review documentation of fund usage or a copy of an
audited financial statement which includes expenditures of Agreement funds.
Name.~"- ;?;iJi:s.' Telephone No. 1~1- 3S?~
Signature . A4
(Please print)~S7l1f? I/'rt{~ /fe77S
Address ,I//v P/fIvU!J' S7j/JuG 6A- 5tff~!
. Page 1
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
August 22, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $351,000 representing payment for the following Local
Assistance Grants:
J/;;Ild I/4uJoPArJ.AJrant No. 02-C-L-l12 $ 21,000~rant No. 02-C-L-559
7!,4;~~ IJ:Ji;;Grant No. 02-C-L-131 $ 5,000 Grant No. 02-C-L-61O
~~~ Grant No. 02-C-L-246 $ 10,000 Grant No. 02-C-L-617
. ~~~aulli{ Grant No. 02-C-L-288 $ . 5,000 Grant No. 02-C-L-665
}fJJIilMu ~ Grant No. 02-C-L-390 $ 25,000 Grant No. 02-C-L-736
~ttt~ Grant No. 02-C-L-558 $ 25,000 Grant No. 02-C-L-772
Also enclosed are copies of the executed contracts 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 reporting 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,
.r7 '/'J~)
~r~~
Jim Higdon
Commissioner
JH/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
Office of The Clerk of com~n
-:1.
t-.~~
.~.
Lena J. Bonner, CMC
Clerk of Commission
Room 806 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
(706) 821-1820 - FAX (706) 821-1838
Nancy Morawski
Deputy Clerk
MEMORANDUM
TO:
Ms. Donna Williams, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
August 24, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $351,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
GRANT NUMBER
02-C-L-112
02-C-L-131
02-C-L-246
02-C-L-288
AMOUNT
$21,000
$ 5,00Q..."._....
$10,OG:)
$ 5,OeO
$25,000
$25,000
$25,000
02-C-L-390
02-C-L-558
02-C-L-559
. 02-C-L-610
02-C-L-617
$25,000
$100,000
02-C-L-655
$50,000
02-C-L-736
02-C-L-772
$40,000
$20,000
As you know, these monies represent total grant award for each recipient
Thank you.
Enclosure: Check
DEPARTMENT. OF COMMUNIT.V AFFAIRS'
: '.:. Check:No:
'. Check:Date,: '
"Check Total:
0000050120.
. '.08/22/2001
'$35 r, 000." 00
li~
Page 001 OF 001 "
Vendor No: 0000013727 .
: Vendor I'lame: BOA1W, OF' COMM ISS lONERS'
ATLANTA",GA
BANK 11'00-1000
I.:""
...."....:-,-.. 1." =.
':';f.~:6"8/22/'200f
'~~:,8)00ir:~jji:gi~1~~ONE~~.
p~~;~,act\y : ~~,~~~;iHUN~~'~D~~~"QJ:r3\()NE'
^
~-
",~
INVOICE
NUMBER
.02-C-L-112
,'02- C - L.-,131'
:02-C-L-246
:02-C:-L-288'
;.02-C-L-390
~ 0 2'~ C - L.- 558
e02-C-L-559'
',.02-C,-L-610:
?,0'2":C-L-61T".
; 02-C-L-665:,.
; 02-C,-L-736
',o2~C~L:-772
,..,:.
....
" ,
1",'
DISCOUNT
TAKEN
AMOUNT
PAID
GROSS
AMOUNT
,21 ,000.00
, 5.,000.00
10,000.00
. 5,000.00
25,000.00
, :25 ,000.00,
,25,000,.00
.25',000.'.00'
100,,000'.00
50,000.00
40,000'.00,
. 20:,000.00.
21,000.00
, 5,000.00
10,000.00
5,000.00
'25..000 :.00
25,000.00
25, ,,000.00
.25.,000: 00
100:,000'.00'
. 50,000:..00
':40' OOOe 00
,:"20.')00':00,
08/21/2001' 000b28473
08/21j2001 000028476
08/21/2001 '00002847*
:08/21/2001. . 000028466
0'8/21/,2001 '. 0000284.72'
08/2.1/200.1' 000028469,
08/21/2001' 00002847'1:::
08/2'1'/200.1,... 00002846.7:
08jHj2001;,' '0000,28468;
. 08/2'1:/200'1': .;~:;.0000284"8:.
08/2.1'12001;' .,;0000284,77:
08/2'1/200,1-" 0,00028475:"
'.,. " .;,'.:.,...,',.:...:.)-;.':><~:~,(..' .
. . .~.' "." .
. :.~- ,. . '.
.. '
;: ,-
,;>
..::;'., .
.~. .'
";.' ,....:, "
, ,'~,,:..:. . ....<.",,;;.:, -.' . ." ''',',:,. .. '
!?iJ2: S:rAme.O E:~C:3EORGIA:., ,J
. . [lEP.AR:T.MENT;':'''OFCOMMUN:I,r;Y;:':~FF.;A;IR
,;;,:.60" EXECUTilVE: P.A'RK SOUTH.,NiYE:'. .
" ih~1! . \~~~t~~1~~~r'~~~3~~(~!t~~A~1:.'
.~"~q.. No, '
,i.;:";:-!i'l;':,
,vJ;:w_.....
$351,000.00
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11100000 50 ~ 20111 1:0 b ~OOOO .01: 07 0.7 L, b Sill
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
July 16,2001
Honorable Charles W. Walker, f0ajority Leader
P.O. Box 1282
Augusta, Georgia 30903-1282
Dear Senator Walker:
Enclosed are Grant Agreements and Monitoring and Auditing Agreements between the
enclosed local grant recipients, and the City of Augusta, which is needed for the
disbursement of their Local Assistance Grant Awards from the Georgia Department of
Community Affairs from the Fiscal Year 2002 Stat"e Budget that were made possible
through your efforts. .
As you are probably aware, DCA will no longer require the completion of grant
applications by the agencies and will be dispersing 100% of the grant awards initially.
. The Mayor has executed the State Cohtracts on behalf of the city and we have returned
them to DCA. Please have the agencies execute both agreements and return promptly
to my attention so that the disbursements can be handled expeditiously once we receive
the grant monies.
Should you have any questions or need any additional information, please feel free to
call me at 706-821-1820.
'~Jrk
Lena J~f!P.
Clerk of Commission
Enclosures:
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"
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, Interim Finance Director
FROM: Lena J. Bonner, Clerk of Commission
DATE: August 7, 2001
SUBJECT: Department of Community Mfairs
Local Assistance Grant Awards
. Enclosed is a check in the amount of $335,000 from the Department of Community Mfairs.
Please issue Augusta-Richmond County checks to the following Local Assistance Grant
recipients:
, ORGANIZA TION GRANT NUlVffiER GRANT AMOUNT
'"~.' FORE AUGUSTA 01-C-LB34 $250,000
Shiloh Comprehensive 02-CL-127 $ 5,000
Center
Neighborhood 02-CL-l33 $ 10,000
Improvement Project
New Savannah Rd. Social 02-CL-245 $ 50,000
Services
Neighborhood 02-CL-742 . $ 20,000
Improvement Proiect
These monies represent total grant award for each recipient. I'm enclosing a copy of a listing
from the Department of Community Affairs of the local grant recipients. Some recipients
received more than one grant award with appropriations from the House Budget and the Senate
Budget.
Thank you for your continued assistance.
Enclosure:
Check & DCA LISTING
'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
September 17, 2001
FORE Augusta Foundation, Inc.
C/O Mr. Paul Simon
Suite 340
One Tenth Street
Augusta, Georgia 30901
Dear Mr. Simon:
Enclosed is a check in the amount of $250,000 representing total payment of your
FY2000-2001 State of Georgia Amended Fiscal Year State Budget appropriations
through the Georgia Department of Community Affairs.
If I can be of further assistance, please feel free to call.
VifA~IY yours,
~4i~
Clerk of Commission
Enclosure:
Picked up b~;~
Date 9/:=;<
/'
i
.'
"\ AUGUSTA-RICHMOND COUNTY,COMMISSION
(
. ,-"' r .~ . ....'. DESCRIPTION' P.O;,NUMBER :::INVOICENUMBER '-(': ,. ,INVOICEiAMOUNT: .- ' '. ", ,NEFAMOUNr:>
PRANT 01CLB34 250, 000 00 0 00 250, 000 .00
" . .. -- .. ... -. ..
CHECK NUMBER CHECK DATE TOTAL INVOICES OISC TOTAL CHECK TOTAL
059250 08/10/01 250, 000 .00 0 00 250., 000 .00
059250
11m 0 5 q 2 50111 I: 0 b J. J. 0 J. ~ 7 5 I: b a ~ 0 J. L. a ~ q L. III
i
STATE OF GEORGIA )
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this .2!:day of June, 2001, 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 FORE AUGUSTA FOUNDATION, INC. 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 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 $250,000.00 (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 recreational programs and facilities.
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
.'
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
I ights, and devices to control the flow of traffic on streets and roads constructed by
counties and municipalities or any combination thereof;
if' 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. 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 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
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 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
ORGANIZA TION 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
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 J /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. ~ 50-18-70, et seq.).
ORGANIZA TION 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. ORGANIZA TION acknowledges that one of the constraints imposed by the Georgia
Constitution on the implementation of grants through private par1ies 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 offaith," "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. Ifat the time of termination, any funds under this Agreement have not been
disbursed to the ORGANIZA nON, said funds shall be retained by the City.
11. In addition to the indemnification provision set forth in paragraph 4 hereof,
ORGANIZA TION 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
ORG.ANIZA TION 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 COUl1 of Richmond County, Georgia.
4
.'
. .
13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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:
.~~~~
Tenth St.
Augusta, GA 10901
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.
FORE AUGUSTA FOUNDATION, INC.
~~~~
As Its
,AU~~' ORGIA
41, t"v1
y:
~i As its ~ay r
ATTEST:
Title:
ATTEST:
Sworn to and subscribed
before me this.r~ day of
~,200].
~13~~'
Notary Pub!' ~
My Commission Expires:
No~ry Public. Columbia County. Georgia
My Commission Expires Aug. 16.2003
.~"t?#
-: ...... 1",
..,... :,.... .....
"'/v- ......
I, .......
. ~/ ~
~... ~<; ':'-: ':""',.. -.. ~ ~
-- ,,- . :~~
......,.,.
-:-~
~,
~. -.. -..... ~.~... -- .. ~
.. - ...
~'f
r "",_"',,_ ,............
", -......... ." ~
. ., ~_...:' ,~,"'...."
....""
5
.Sep-17-01 lO:50A Paul S Simon
1
P.03
STATE OF GEORGIA
RICHMOND COUNTY GRANT AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of June, 2001, 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 FORE AUGUSTA FOUNDATION, INC. hereinafter
referred to as the "ORGANIZ~ TION");
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, AUGUST A deems the services to be provided by the ORGANIZA nON as essential
and necessary for the citizens of AUGUSTA and acknowledges that the ORGANIZATION can provide the services
in':a costceffective 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 ORGANIZA nON, and the ORGANIZA nON
accepts, the sum of $250,000.00 (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, whichAUGUST A has dctennined renders a substantial bencfit to its citizens, to wit:
To provide recreational programs and facilities.
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
~
Sep-17-01 lO:51A Paul S Simon
1
P~04
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;
r/
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. 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 tliat AUGUST A, the State of Georgia, or any of their departments, agents,
or employees deems necessary to monitor perfonnarice 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 nextreguhirly 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
Sep~17-01 lO:51A Paul S Simon
1
P.05
::-
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 ORGANIZA nON 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. 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. ORGANIZA nON certifies that it is a tax exempt entity under g 50 J (c) of the J nternal
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
~ep-17 -01 10: 51A p.au 1 S Simon
1
P.06
..
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 ofthe 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 taith," "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.] AUGUST A 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 ORGANIZA TION 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.
1). In addition to the indemnification provision set forth in paragraph 4 hereof,
ORGANIZA TION 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.
\2. All claims, disputes and other matters in question between the AUGUSTA and
ORGANIZA TION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior
Court Of Richmond County. Georgia. ORGANIZA TIO)'!, 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.
4
~ep-17-01 lO:52A ~aul S S;mon
1
P.07
~
13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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:
FORE AUGUSTA FOUNDATION, INC..
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.
FORE AUGUSTA FOUNDATION, INC.
:~~~
ATTEST:
Title:
~BY
Sworn to and subscribed
before me this tt'!!'day of
--%.......__D ,2001.
,&";,,.l~~~,13 1B~
Notary Public.
My Commission Expires:
NotarY Public. Columbia Coun\ll. Geof'gW
.., CQnvnl&aIon Expir.. Aut. US. 2003
5
8l03b200~1
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INVOICE
NUMBER
"01 -C:- L B34" .
02-C-L-12.7' .
02-C-L-133,
:02-C-L-245
~. 02 - C- t -74 2'
INVOICE
DATE
08/02/2001,'
. 08/02/2001.
08/02/2001 '.
08/02/200 1'~
08/02/2001'
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: '08/03/200 1\j;~\
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Page. 001' OF' 001
Vendor No; '. 0000013727.,
Vendor Name: BOARD OF COMMISSIONERS'
. STATE OF GEORGIA.
DEPARTMENT OF, COMMUNITY AFF,AI,RS'
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ATLANTA; GA
:.BANK '1100-1000, "
GROSS
AMOUNT
250,000.00
5,000'.00,
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. 000027824,
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.000027841 .
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Grant No. OI-C-LB34
Page 1 of 5
~
STATE OF GEORGIA
COUNTY OF lDEKALB
"
.'
STATE OF GEORGIA
DEPARTMENT OF COMMUNITY AFFAIRS
AGREEMENT FOR GRANTING OF STATE FUNDS
THIS AGREEMENT entered into this 3rd day of May 2001. 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 Deparbnent shall upon the terms and conditions contained
herein grant to Recipient, and the Recipient hereby accepts, an amount not to exceed $250.000 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:
$250,000
Within twenty days of the Department's receipt of the executed
Agreement. .
$250,000
Total Disbursement
4. Applicable Dates. The effective date of this Agreement is specified on page one.
. -
,.~ ;:
Grant No. 01-C-LB34
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(l) through s36-67A(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 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.
Pl~~~~z~~iii~~\~!;~~4~~~~~:~~~;~~lf~i~~w~~1,-~~,:~~!~~~l~thJ":~~~~~~)~~tl~~l~j~:a~~{~ta,!~~
'Of,:.Oe'O'f. iaVGtaiiWGertificatioh'iW.o. ..'" 6f~ilie;;:fuiYas,coveiiedm' ;.;tfiis"A' 'fethiient}"'.TIie''[ailUF:e.;'.:to?cefu"r
~~.flitill~~~~~~tlIa!~~~ii~'~!ill~1~~lfS~I~~I~~lt~it1tt!!f:M
8. Open Meetin~ 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. OI-C-LB34
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 acti6ns 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" connot~s 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 ei1force 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.. Ol-C-LB34
. Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written
above.
By:
Federal Employers ID Number:
58 ~{1L(;;'1tf
Attachments: .Exhibit A. "Scope of Services"
FOR THE DEP
OMMUNllY AFFAIRS
~
By:
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Grant No. Ol-C-LB34
Page 5 of 5
EXHIBIT A
The Local Assistance Grant shall be used by Augusta-Richmond County to contract for services with
the City of Augusta's FORE! Program.
. If the preceding statement of purpose designates a private program or entity for
accompUshing 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 Recipi~nt must impose that
use as a condition in the contract for services. The services mU1?t 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.
_,.'"
r.. 1'\- . - .,--:; -
Memo
To: State Grant Recipient
From:AI Denis, Grants Manager
cc: Tammy Strange
Datt~: 06/08/01
Re:' Monitoring and Auditing
~
In accordance with grant agreement _-C-L-_, it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents. or employees (hereinafter collectively "Grantor") 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
ccincerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation of fund usage or a copy of an
audited fin~1 s}tem ,nt w . h includes expenditures of Agreement funds.
Name~/~ Telephone No. 706-823-3302
Signat re ,)
(Please print) / /77iJ d/
Address Suite 340, One Tenth Street, Augusta, GA 30901
. Page 1
......
.;
~
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
MAY 1 5 2001
Jim Higdon
COMMISSIONER
May 3, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
AugustaJRichmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
I am pleased to advise you that $250,000 in Local Assistance funds for the AugustaJRichmond
County has been included in the Amended Fiscal Year 2001 State Budget. The attached contract when
executed commits state funds to contract for services with the City of Augusta's FORE! 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 Gontact. 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 by May 31, 2001. I will then sign for the Department and return a copy to you along
with a check representing the full 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 and Augusta-
Richmond County in the administration of this grant. If you have any questions, please feel free to call
Bobby Stevens at 404.679.4943.
J
JH/ja
Enclosure
cc: Richmond County Legislative Delegation
EQ'UAL 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
Sep-17-0l lO:50A Paul S Simon
1
P.Ol
FAX
TO Ms. Lena Bonner
FAX # 821-1838
j..
DA TE 9/17/01
PHONE #
(706) 823-3301
(706) 823-3303
Mf~~
jHJ~~~/)
# PAGES 7 (includinl! cover)
FROM
Carolyn Phillips
Assistant to Mr. Paul S. Simon
FAX #
RE: Fore Augusta Foundation, Inc. Grant Agreenent
Ms. Bonner,
I have attached the first agreement.
The second one sent to us on August 21, 2001 has been signed and sent back to Mr.
Wall's office. His secretary is checking to see where the document might be.
Thanks for your assistance!
Carolyn
Se~-17-01 03:32P Paul S S;mon
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Office of Th.e
Cierk Of Commission
-, . .
Augusta-Richmond County, GeoUgfa
530 Greene Street
AuguSta,' Geor9i~, 030911-
OfflCtt Fhor-te (70S) , 821- t 820
FAX (iCe) 52't-1e38
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Na:a: ::1l1Ue rtQ'\ff'{ ~. =-mn SetldlnQ :na fix ~f fa any .-umn ~CN eanncn :-H.Cl 01" d4 nat
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AUGUSTA-RICHMOND COUNTY COMMISSION
059250
I' ::. <~~.~..,::. ~>. ... "DESCRIPTION: P.Oi,NUMBER..' ; INVOICE NUMBER ',' '.INVOICEAMOUNT " . ,.. 'NET.'AMOUNT;,,",:.
~RANT 01CLB34 250 , 000 00 0 00 250 , 000 00
.-. ." - . ,. . - . . -. ... -. .. . .. .... , .. .. - - . ...
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CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
059250 08/10/01 250 , 000. 00 0 00 250., 000 00
1110 5 g 2 50111 I: 0 b .. .. 0 .. l 7 5 I: b a lO .. 4 a l g 4111
"
STATE OF GEORGIA GRANT CERTIFICATION FORlVI
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 c,opv of the annual audit report. Questions concerning the preparation
and submission of this fOfm 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 form should be used for
each 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 perfopned 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
documen,tation 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 perform an
. audit or perform 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 form 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 fimds. are expended ot
remain unexpended by the lo~al 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
f"
. .
STATE OF GEORGIA GRANT CERTIFICATION FORl'V1
A Local Government
B Information For Year Ended
I
C S tate A warding Agency
.
D Grant Identification Number
E Grant Title
r
F Grant A ward Date
G Grant Amount
H Balance - Prior Year (Cash
or Accrued or Deferred
Revenue)
I ' Grant Receipts or Revenue
Reco gnized
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 infonnation 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 unders~and 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
~
Indevendent Accountant's Report
We hav~ examined management's assertion included in the accompanying State of Georgia
Grant Certification Form about [name of governmentJ'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 resp?nsible for '[name ofgovernmentJ's compliance with this requirement. Our
responsibility is to express an opinion on managemenfs assertion about the [name of
government]'s com'pliance 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 of government]' 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.
tIBl.
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Office of Th.e
Clerk Of Commission
. ~
Augusta-Richmond Gounty T Geargf.a
530 Greene Street
-. -.-. -".-.-. . --_.~ - .
Augusta, Georgia, 3091.1
Omce Phone (l06}' 821- t 820
F~ (706) 821-1S38
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(Nam~ af Indi-Jidual)
. Organization:
(Nama crt Company)
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Note: :=leasa f1otif\j the person sending :tlis fax \f fer any ieason you cannot read or do not rec~i"e all at
the ;:ages inc::udea'Nitl'! ~"is f:=x. Yeu c::m c::ntac: the ~er.!cn who sem ctiis ~~ at ~tle numoerindic::ated
ai::o'le. Thank Youl
r~.
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY A HORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUI/LKE, JR.
STEPI/EN 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.RICIIMOND.GA.US
GEORGE R. KOLB
Administrator
WM. "WILLIE" H. MAYS, III
Mayor Pro Tem
June 7, 2001
Hand Delivered
Ms. Lena Bonner
Clerk, Commission
gth Floor, City-County Bldg.
Augusta, GA 30911
RE: 2001 Grants
Dear Lena:
I enclose herewith Grant Agreements as itemized on the attached listing, with the
exception of FORE Augusta Foundation, which I have forwarded to Paul Simon for signature.
Also enclosed are Grant Agreements for the Augusta Child Advocacy and the
CSRA Business League, which are grouped separately.
Pursuant to your e-mail, I have not enclosed Grant Agreements for the East
Central Georgia Regional Library, Terrace Manor Elementary School, or Edward Murphy
Middle School.
Also, it is my understanding from the e-mail, that the Augusta Mini Theater was
actually awarded two grants' of $250,000.00, one from DCA and one through the supplemental
budget. Therefore, there are actually two Grant Agreements enclosed. IfI am in error, please let
me know and remove one of the Grant Agreements from what I have enclosed.
With best personal regards, I am
JBW/sjp
Enclosures
'6er:J ?JiD
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STATE GRANT PROCEDURES
1. The agency/organization contacts a Legislator to Request State funding for a
project.
2. The Legislator then determines if the project warrants state funds.
3. If approved by the Legislator, he/she competes with the rest of the legislators for
approval.
4. Once the State grants are approved, Lena Bonner (Clerk of Commission)
receives a letter from the state with list of State Grants that have been approved.
5. Lena does an agenda item and presents it to the Commission for their approval.
6. Once the Commission gives its approval, Lena informs the agency/organization
by letter along with an application form to be filled out and signed.
7. A letter is sent from the county attorney's office along with two copies of the
contract to the recipient for signature.
8. Completed applications and contracts are submitted to the State oversight
agency (Dept Com. Affairs, Govemors Discretionary Fund, etc.)
9. The State oversight agency then sends a state contract back for signature(s).
After the contract is signed and retumed, a check is remitted to Augusta
Richmond County for either full or partial payment of the grant amount.
10.Lena sends the check to Donna Williams (Interim Finance Director) and Donna in
turn will cut a check to the agency/organization (recipient). Checks are then
forwarded to Clerk's office for dispersal.
11 . The recipient will sign a document/memo acknowledging their responsibility for
monitoring and auditing upon receipt of the funds.
. 12. Once the agency/organization completes the contract they will notify Lena and
she will request the remainder of the grant amount if applicable.
13. When the final payment is received step 10 applies.
14. . Grant certification form is completed at year-end for the active grants.
. Page 2
- ,
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: Honorable Jack Connell, Speaker Pro Tern
FROM: Lena J. Bonner, Clerk of Commission
DATE: September 7,2001 ,
SUBJECT: Fiscal Year 2002 Local Assistance Grant Awards
As you requested in your memorandum dated May 11, enclosed are the following grant
awards representing total payment of their FY2001-2002 State of Georgia
appropriations through the Georgia Department of Community Affairs Local Assistance
Grant Program along with a'copy of their grant agreement:
ORGANIZATION GRANT NO. AMOUNT
Auqusta Players 02-C-L-48 & 591 $35,000
Golden Harvest Food Bank 02-C-L-390 $25,000
Harrisburg West End 02-C-L-559 $25,000
Neiqhborhood Assoc. Inc.
Laney Museum 02-C-L-558 $25,000
Augusta Museum 02-C-L-557 $25,000
If I can be of further assistance, please feel free to contact me.
"
;.~
STATEOFGEORGIA )
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this S day of June, 2001, 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 MUSEUM OF HISTORY 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 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 servic~s 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
. ,
.\ "
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. Further, under the Grant Agreement with
the State of Georgia, it is acknowledged that upo~ request AUGUSTA has agreed to provide the State with any
information, documents and/or photographs that AUGUSTA,the State of Georgia, or any oftheir 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 thatan 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 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
ORGANIZA TION 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 requiredto 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. ORGANIZA TION certifies that it is a tax exempt entity under ~ 501 (c) of the Internal
Revenue Code.
8. ORGANIZA TION 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 tosuch beliefs and practices. [The words
of this prohibition have their ordinary meanings. I n 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. at433. "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 bel ief 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.
1 O. AUGUSTA 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. ] n addition to the indemnification provision set forth in paragraph 4 hereof,
ORGANIZA TION 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.s4
13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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.
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.
1
AUGUSTA MUSEUM OF HISTORY
ORGAiTlON
By: ____
As its' /!'1(E.c..."I"L ':>'~l-
ATTEST:
Title:
Sworn to and s~1ribed
before me this day of
, 2001.
otary Public
My Commission Expires:
HerY PubUc. Rklhrnond County, Georgia
My Commlsston ExpIres Jan. 4, :2000
5
_~;:.,_.""i
-":'"
J
Grant No. 02-C-L-557
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 2nd day of July, 2001, 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, cmd 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 retumed 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.
7'
Grant No. 02-c.L-557
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. !345-1O-20
through !345-1O-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 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. !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 a.c.G.A. !336-81-8.1 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. 02-C-L-557
Page 3 of 5
11. Satisfaction. In the event the Department determines, in its sole discretion, that the
Recipient: (i) has failed to comply wi~ 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 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. If 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. 02-c...L-557
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 DEP
By:
,
,
'\
By:
Federal Employers ID Number:
5' ~- :;2;)0 i :17</'
Attachments: Exhibit A, "Scope of Services"
(
'.
?
Grant No. 02-C-L-557
Page 5 of 5
EXHffiIT A
The Local Assistance Grant shall be used by Augusta-Richmond County to increase the programs and
services 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.
----~--- --
-..Au~~~!lmQnd ~~ntv=
Fi~nce_~epa~ent
Memo
"
To: State Grant Recipient
From: AI Denis, Grants M~nager
CC: Tammy Strange
Date: 06/08/01
Re:- Monitoring and Auditing
~
In accordance with grant agreement ~-C-L~ it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") deems
necessary to monitor performance of this Agreement. The Recipient agrees' to
maintain proper and accurate books, records and acco'unts 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 Grantor. The Recipient further agrees
that an accounting of these funds. ~hall be included in the next regularly scheduled
audit or financial statement of the Recipient and any future audits for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project comple.tion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findin-<.gs are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation of fund usage or a copy of an
audited financial statement which inCludes expenditures of Agreement funds.
Name . JI2 Telephone No. 6o~) 7Z:z.- fy.5'L.1
Signature
(Please print) . Sum lJ, G;I!~
Address
S(p () R.f..'1rJOt.-O 5
57. ' ~ vI, JS;--o ~.q 7o"i 4 I
I
. Page 1
Office of The Clerk of Commission
Lena J. Bonner, CMC
Clerk of Commission
Nancy Morawski
Deputy Clerk
Room 806 - Municipal Building
S30 Greene Street - AUGUSTA, GA. 30911
(706) 821-1820 - FAX (706) 821-1838
MEMORANDUM
TO:
Ms. Donna Williams, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
September 4,2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $390,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
ORGANIZATIONS GRANT NUMBER AMOUNT
Augusta Players 02-C-L-48 $25,000
Auqusta Recreation Dept. 02-C-L -128 $ 5,000
Beulah Grove Resource Ctr 02-C-L-132 $15,000
Augusta Youth Center 02-C-L-171 $10,000
Auqusta Mini Theater 02-C-L-533 $250,000
Auqusta Museum of History 02-C-L-557 $25,000
Auqusta Youth Center 02-C-L-609 $5,000
Beulah Grove Resource 02-C-L-740 $35,000
Center
. Beulah Grove Resource 02~C-L-751 $20,000
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
AUGUSTA-RICHMOND COUNTY COMMISSION
060858
DESCRIPTION " -, -'P,O, NUMBER . .INVOICE,NUMBER . , INVOICE AMOUNT .. NET'AMOUNT'
fWOCAL ASSISTANCE GRANT 090401 25, 000.00 0.00 25, 000.00
... .... .- n_ .. ,
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
060858 09/06/01 25,000.00 0.00 25,000.00
. .-,',-" '-'-, ".- -.-.
-.;~ ;~~~ ::(~:~\ ;: -r :.~~~ ~:>, I ,,' '..., ", :~~ ,:~,,:: '. )' ','~ ,
'Siffi!"'"'' !'&it)' ''''~'''''''~ <"'~'''''' t~,,"; ,,'
., 1- l~r c,~' fr- ~ l~..l \ ~ P' ....
.. . :~ .:~:';'. f ,~'l~~\' t'l ,'. '1~' bl ,:~'. ,;
,":.' ASSISTANT:COMR:rROL'i::.ER1' ,
: - '."~'~'~;:~;1:~\i:~:f~1~T:; ',,: ".'~\~~~;\~1~~~:,: .:.li:'~~~~,\\V"
F.IRST~UNI0WNAT'ONAt.BA
';<,,:,;;:;\,'AUGUSTA'; GEORGI~', ..
..
II' 0 boa 5 a II' I: 0 b l. 0 0 0 2 2 71: 20 aDo 0 0 70 2 a 7 b II'
GEORGIA DEPARTlVIENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
August 30, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $390,000 representing payment for the following Local
Assistance Grants:
Grant No. 02-C-L-48
Grant No. 02-C-L-128
Grant- No. 02-C-L-132
Grant No. 02-C-L-171
Grant No. 02-C-L-553
Grant No. 02-C-L-557
Grant No. 02-C-L-609
Grant No. 02-C-L-740
Grant No. 02-C-L-751
$ 25,000-l}-asq<<;If-~t.;t/-v; ~
$ 5,000 ~~~e-+-1/WJct .;#ec
$ 15,000&--U6"l-ff-6.c?dll~
$ 10,000 -Au61J&TI4- lflUrfl ere
$250,000 /T) 1m r',*"71rk-
$ 25,000 A:u~ CLSf"'" /!Iq~Bt m of f:J.-,.srohj
$ 5,000 4uC,/.{frll- 71c/IJ.rN- ere
$ 35,000I3eu~6idVe- ,
$ 20,000 6~ ~~~<:E ere
Also enclosed are copies of the executed contracts 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,
~~~
Jim Higdon
Commissioner
JH/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
INVOICE,
NUMBER'
I 02-C - L-12S:
j02-C-L-132
I,' 02~C-L-171'
02,-C-L-48
, 02-C-L-553;
I. 02-C~L-55'7'
02-C-L-609:
02~C-L-740
102-C-L-751:
i . .
r~~ '. .
"
.:.... :;", STATE OF GEORGIA
OEPi~T~ENT OF COMMUNITY' AFFAiR~
ATLANTA, GA'
BANK 1100-1000,
GROSS
AMOUNT
5,000.00'
15',000.00. '
10,000.00"
, 25,000.00"
'. 250,000: 00:
25,000.00
, 5 000 00
35'; 000: 00
20,000.00
~ y ,'; ,:-:-.
;~~t
INVOICE
, DATE
08/27/2001
08/27/2001
08/27/2001
08/27/2001
08/27/200.1,
08/27/2001
08/27/2001
08/27/2001.
08/27/2001,
:Check No; .
Check Date:
Cheek Total: .
0000050244'
08/29/2001
$390.000.00:
',~Ji
~
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~':i
.p-I
Page' 00 l' OF' ,00.(
Vendor No: 0000013727
Vendor Name: AUGUS,TA .RICHMOND C.TY. BD 0
AMOUNT
PAID
000028672'.
. 0000286694
000028670,
.'. 000028673,
000028675,.
000028674'
0000286,71.
000028668.
oooa~8~.~7~_i.: '. ~:.y~..
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. '0:.00
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5,000.00.
15,000.00
10,000:00
25,000:00
250,000'.00
25,000.00'
5,000.00
35,000'.00
.20.,000..00
..;'. 'c
. ;, .. ~ ,
11-0000050 2 L. L.II- .:0 b ~OOOO ~O.: O? 0 ~? L. b 511-
.J
GEORGIA DEPARTMENT OF
I
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 9, 2001
Roy E, Barnes
GOVERNOR
Honorable Bob Young
Mayor
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 2002 State Budget. The attached contract when executed commits
state funds to increase the programs and services 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 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
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full 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.
JH/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
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR.
STEPHEN E. SHEPARD
MARION WILLIAMS
Bon YOUNG
Mayor
P.O. Box 2125
454 GREENE STREET
AUGUSTA, GA 30903
Bus. (706) 821-2488
FAX No; (706) 722-5984
E-MAIL;J:..ALL@CO.RICHMOND.GA.US
GEORGE R. KOLB
Administrator
WM. "WILLIE" H. MAYS, III
Mayor Pro Tem
MEMORANDUM
To:
AUGUST A MUSEUM OF mSTORY
From:
Jim Wall
Date:
June 5, 2001
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 ofa 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 acc-urately
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 alldit address all grant funds. Therefore, please note the
language included in paragraph 3.
I have attached two copies of the contract, sll1ce 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 tome. Further, if
you should have any questions concerning either the scope of services or the certification, please call me.
f
STATE OF GEORGIA GRANT CERTIFICATION FORM
-{ .:
As required by HouseBiU 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 c,opy 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 form should be used for
each 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
docunientation 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 perform an
audit or perform 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 form 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 governlnent.
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
'"
r
\,
STATE OF GEORGIA GRANT CERTIFICATION FORM
A Local Government
B Infonnation For Year Ended
I
.
C State Awarding 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 Dererred
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
'.
1.
brdevendent Accountant's Revort
We have examined management's assertion included in the accompanying State of Georgia
Grant Certification Form about [name of government)'s compyance 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 [<;>r:each of the following grartt award(s):
[Individually identify each grant award of governor's emergency Junds and/or special
project appropriation.]
Management is resP9nsible for [name of government)'s compliance with this requirement. Our
responsibility is to 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 oj 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 of government]' s compliance with the specified requirement.
In our opinion, management's assertion that [name oj government] complied with the
aforementioned requirement for the fiscal year ended [date] 'is fairly stated, in all material
respects.
;- ~;
. I
Office of The Clerk ofCommiss;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
MEMORANDUM
TO:
Ms. Donna Williams, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
September 4, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
EnClosed is a' check in the amount of $190,000 from the Department of Community
Affairs. Please ,issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
ORGANIZATIONS GRANT NUMBER AMOUNT
AUGusta Opera 02-C-L-590 $25,000
Auqusta Recreation Dept. 02-C-L-128 $ 5,000
AUGusta Plavers 02-C-L-591 $10,000
AUGusta Cotton Exchange 02-C-L-944 $50,000
Delta House Laney 02-C-L-660 $75,000
Museum .
Augusta Museum of History 02-C-L-587 $25,000
AUGusta Youth Center 02-C-L-602 $5,000
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
t
..
AUGUSTA-RICHMOND COUNTY COMMISSION
061081
'.. . ...DESCRIPTIONi . '. ,.,~-:-.... P.OiNUMBER '.INVOICENUMBER. Si'.INVOICE.,AMOUNT ... , .,' '.' .". NETAMOUNT.
=:RANT AHARDS 090701 5, 000 00 O. 00 5, 000. 00
-. - _.. ' - -~
-
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
061081 '09/07/01 5, 000 00 0 00 5, 000. 00
III0b ~08 ~III I:ob ~ooo 2 271: 20800007028 7 bill
,"
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS,
Jim Higdon
COMMISSIONER
Roy E. Barnes
GOVERNOR
September 5, 2001
Honorable Bob Young, Mayor
Augusta-:-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $190,000 representing payment for the following
Local Assistance Grants:
Grant No. 02-C-L-587
Grant No. 02-C-L-590
Grant No. 02-C-L-591
Grant No. 02-C-L-602
Grant No. 02-C-L-660
Grant No; 02-C-L-944
$25,000/h1G /11 ~sEll d\..
$25,000 1W6 ~jJe:~/t
$10,000 ~ ';>L~~
$ 5,000 /1u~ l1tfl1r#Cr!?-
$75,000~t-"'ZT.4 tiJuse- t ~ktlYEl.f I1lus.EJI~
$50,000 1rl/<$.OT7e)IV €r:c~~
Also enclosed are copies of the executed contracts 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 reporting 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,
aH+
. Jim Higdon
Commissioner
JH/j a
EaUAL 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
f'
, ' 'STATE OF GEORGIA
-,- DEPARTMENT, OF, COMMUNU,y"
. ':.?1\~TLA'NTA'" GA
.": BANK 11oo-io,oO
:::':">':~~:~~~t~ii,::;~'; ,
0000050418
,08/31/2001
'$,190,000.00
f"
" Page' 001' OF 001'
'Vendor No; , ,00000'13'727
Vendor Name;':AUGUS.Tk R'ICHMOND 'CTY 90 O. '
. ,,'. ' ~.. ';' :.
INVOICE
NUMBER, '
, 02-C-L-587~':
, ,02-C~L-590'
, 02'-C-L-591
; 02.-C,- L-602'
,',02-C-L-660
102-C-L-944" "
AMOUNT
":PA/D
. ~
,
r
08/30/2001
08/30/2001'
,08/30/2001,
'08/30,/200;1:,
08/30/200'1'
',,08/30/2001'
25',000,00,
25,000..00
" 10..000,00'
',- 5'; 000,:00 '
:. 75' 000 00'
",' 50:: 000: 00
.,
'25,000',00 i,:
~'.25-J'OOO.. 00 ~
,- 10., 000. 00 '[;
, 5,,000.00
75',000 :',00" "
50,:,000,',00,; ;:
I [
...,'
'. .... .~.:
...:'
. "!,
\ '
",.. -
:'~Q~~1~
!' 'Pi,y,EXacUy
. :'^~ ~;)r-'. .
1/10000050 L. ;1.811- 1:0 b ~0000 ~ol: 07 0 ~ 7 L. b 51/1
, :
r
--~':"':;'
I),
I
Office of the Mayor
Bob Young, Mayor
Room 806, Municipal Building
530 Greene Street, Augusta, GA 30911
(706) 821-1831 - FAX (706) 821-1835
E-mail: mayoryoung@co.richmond.ga.us
July 23, 2001
Honorable Jim Higdon, Commissioner
Georgia Department of Community Affairs
60 Executive Park South, N.E.
Atlanta, Georgia 30329
Dear Commissioner Higdon:
Enclosed are executed DCA Agreements for the following fiscal year 2002 Augusta-Richmond
County grant recipients:
ORGANIZATION GRANT NO. AlVIOUNT
Augusta Opera 02-CL-590 $25,000
Augusta Museum 02-CL-587 ' $25,000
Delta House . 02-CL-660 $75,000
Augusta Youth 02-CL-602 $ 5,000
Augusta Players 02-CL-591 $10,000
Augusta Cotton 02-CL-944 $50,000
Exchange Museum
As always, we appreciate your continued assistance in the administration of Augusta's grant
awards.
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
July 16, 2001
Ms. Pat Jones, Executive Director
Augusta Youth Center
602 Third Street
Augusta, Georgia 30901
Dear Ms. Jones:
Enclosed is a Grant Agreements and a Monitoring and Auditing Agreements between
your agency and the City of Augusta, which is needed for the disbursement of your
Local Assistance Grant Award from the Georgia Department of Community Affairs from
the Fiscal Year 2002 State Budget. This award was made possible to your agency
through the efforts of our local Legislative Delegation. Please execute both agreements
and return promptly to my attention so that the disbursement can be handled
expeditiously once we receive the grant monies.
Should you have any questions or need any additional information, please feel free to
call me at 706-821-1820.
Very truly yours,
~ B ner,
Clerk of Commission
Enclosures:
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 18,2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
1 am pleased to advise you that $5,000 in Local Assistance funds for Augusta-Richmond County
has been included in the Fiscal Year 2002 State Budget. The attached contract when executed commits
state funds for the funding of the Augusta Youth Center, Inc,
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, 1 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
both copies to me, I will then sign for the Department and return a copy to you along with a check
representing the full 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,
o:y,
Jim Higdon
Commissioner
JH/ja
Enclosure
cc: Richmond County Legislative Delegation
();J -C-t--tpO:U
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
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H, BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B, KUlILKE. JR.
STEPHEN Eo SHEPARD
MARION WILLIAMS
BOB YOUNG
Mayor
r.o, Box2125
454 GREENE STREET
AUGUSTA, GA 30903
Bus, (706) 821-2488
FAX No: (706) 722-5984
E-MAIL: JWALL@CO.RICIlMOND.GA.US
GEORGE R. KOLB
Administrator
WM. "WILLIE" H. MAYS, III
Mayor Pro Tem
MEMORANDUM
To:
AUGUSTA YOUTH CENTER
From:
Jim Wall
Date:
June 7,2001
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
wh9se 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, sll1ce 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. Fllrther, 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, 2001, 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 YOUTH CENTER hereinafter referred to
as the "ORGANIZATION");
WIT N E SSE T H:
WHEREAS, the ORGANIZATION has submitted to the Georgia Depattment 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:
] . AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION
accepts, the sum of$5,OOO.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:
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~ Police and fire protection;
o Garbage and solid waste collection and disposal;
rtJ"- 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. 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 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
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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 AUGUST A, 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 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. 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. 9 50- I 8-70, 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,
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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). [n 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
~l bove.
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,
ORGANIZA TION 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 A l[]GUST 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. 4
....., .'. .,'.....
13. All notices, demands, and requests which mayor are required to be given ORGANIZA nON
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 YOUTH 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.
AUGUSTA YOUTH CENTER
ORGANIZA TION
BY?~ .~
As its ( (t C? "
ATTEST: ~ ~.{)v/'6'
Title: i t"u-fllrf..,j
N~T~liY PUBLIC, RICHMOND COUNTY, GEORGIA
/'1 f COMMISSION EXPIRES DECEMBER 11, 2004
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Grant No. 02-C-L-602
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 2nd day of July. 2001, 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").
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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 thereln; and
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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 fOT said funds in accordance with generally accepted accounting
principles. Any funds not expended fOT the purposes provided herein shall be retumed 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 ac.cordance with the following payment schedule:
$5.000
Within twenty days o(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.
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Grant No. 02-C-L-602
Page 2 of 5
5.. Conflicts of Interest. TIle' 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 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 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 terrris 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 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.
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Grant No. 02-C-L-602
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; of (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 bya 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. Afry 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 otller provision of tpis 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 9f this Agreement shall be binding unless both parties
have agreed to scUd modification in WIiting.
[Executions on following page]
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Grant No. 02-C-L-602
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:
58-2204274
Attachments: Exhibit A. "Scope of Services"
FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS
By:
~W~ioner
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Grant No. 02-C-L-602
Page 5 of 5
EXHIBIT A
The Local Assistance Grant shall be used by Augusta-Richmond County for the Augusta Youth Center.
Inc.
. 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.
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-: Au~ta~~i~bri!QP4' Co~n~~
Finance-Department
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Memo
To: State Grant Recipient
From:AI Denis, Grants Manager
CC: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
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In accordance with grant agreement ~-C-L~ it is acknowledged that upon
request the Recipient agrees to, provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation of fund usage or a copy of an
audited fina ial stateme ich includes expenditures of Agreem~ fund'\. -'
Name ' Telephone No(2t?6'J?5h :1.. ?z,ffS
Signature ~ -' / ~ Vi I 1~ '
(Please print) i G (). rr V . /'- p?) 7 1:-1 . 01
Address 1f ~__ f>~ ~ c C.- 0 \ ~~>> 1., /V1.. ' CL
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AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR.
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
WM. "WILLIE" H. MAyS, III
Mayor Pro Tem
MEMORANDUM
To:
AUGUSTA YOUTH CENTER
From:
Jim Wall
Date:
June 7, 2001
The Attorney General issu~d 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 "or'ganized 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, s1l1ce 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.
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STATE OF"GEORGIA GRANT CERTIFICATION FORNI
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 c.opy 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 form should be used for
each 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
all:dited 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 CP A 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 perform an
audit or perform 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 form 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@mai1.audits.state.ga.us
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STATE OF GEORGIA GRANT CERTIFICATION FORM
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A Local Government
B lnformation For Year Ended
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C State Awarding 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
cenify 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 failw:e 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
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I"deaendentAccou"ta"t's Reaort
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 gtant 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 resp?nsible for [name oj government]'s compliance with this requirement. Our
responsibility is to 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 oj government] complied with the
aforementioned requirement for the fiscal year ended [date] is fairly stated, in all material
respects.
. f ..
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, Interim Finance Director
FROM: Lena J. Bonner, Clerk of Commission
DATE: September 4, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $390,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the' following Local
Assistance Grant recipients:
ORGANIZATIONS GRANT NUMBER AMOUNT
Augusta Plavers 02-C-L-48 $25,000
Augusta Recreation Dept. 02-C-L-128 $ 5,000
Beulah Grove Resource Ctr 02-C-L-132 $15,000
Augusta Youth Center 02-C-L-171 $10,000
Augusta Mini Theater 02-C-L-533 $250,000
Augusta Museum of History 02-C-L-557 ' . $25,000
Augusta Youth Center 02-C-L-609 $5,000
Beulah Grove Resource 02-C-L-740 $35,000
Center
Beulah Grove Resource 02-C-L-751 $20,000
As you know, these monies represent total grant award for each recipient.
Thank you.
, Enclosure: Check
~
AUGUSTA-RICHMOND COUNTY COMMISSION
060866
DESCRIPTION' ' , 'P,O:.NUMBER. , : INVOICENUMBER.," , ' , INVOICE AMOUNT' ,,.: '. .', NET AMOUNT
LJOCAL ASSISTANCE GRANT 090401 5 , 000. 00 0.00 5,000.00
LOCAL ASSISSTANCE GRANT 0904018 10,000.00 0.00 10,000.00
-- - ' , , - ..- -
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
060866 09/06/01 15,000.00 0.00 15,000.00
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GEORGIA DEPARTlVIENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
August 30, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $390,000 representing payment for the following Local
Assistance Grants:
Grant No. 02-C-L-48
Grant No. 02-C-L-128
Grant No. 02-C-L-132
Grant No. 02-C-L-171
Grant No. 02-C-L-553
Grant No, 02-C-L-557
Grant No, 02-C~L-609
Grant No. 02-C-L-74Q
Grant No. 02-C-L-751
$ 25,000/l-t.6f1<<JI}-~L;fv; ~
$ 5,000 'leLen-~e-+-~~tt:..
$ 15,000&-UarJ-l-f-b~d/lb
$ 10,000-Au~tl5rA- l(lUrH ere
$250,000 /l}/ff/ ;r-,*,79r~-
$ 25,000 Itu~CLST* /!IqS8-11,t i)f fhsrohj
$ 5,000 +ruc;/,{tnt- 14cN.rN- ere
$ 35,00073euClY*f'6iOVe-
$ 20,000 6 (2tfV~ ,4:;s-lJ){ et'E C"re
Also enclosed are copies of the executed contracts 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 reportingrequirements, 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.
S incerel y,
~~~
Jim Higdon
Commissioner
JH/j a
Enclosures
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
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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
July 16, 2001
Ms. Pat Jones, Executive Director
Augusta Youth Center
, 602 Third Street
Augusta, Georgia 30901
Dear Ms. Jones:
Enclosed is a Grant Agreements and a Monitoring and Auditing Agreements between
your agency and the City of' Augusta, which is needed for the disbursement of your
Local Assistance Grant Award from the Georgia Department of Community Affairs from
the Fiscal Year 2002 State Budget. This award was made possible to your agency
through the efforts of our local Legislative Delegation. Please execute both agreements
and return promptly' to my attention so that the disbursem-ent can be handled
expeditiously once we receive the grant monies. ..
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
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR.
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
WM. "WILLIE" H. MAYS, III
Mayor Pro Tem
MEMORANDUM
To:
AUGUSTA YOUTH CENTER
From:
Jim Wall
Date:
June 5, 2001
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 thatthe 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,
[ have attached two copies of the confract, sll1ce 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
July Y, :.zUUl
Jim Higdon
COMMISSIONER
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Mayor
Augusta/Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
1 am pleased to advise YOLl that $5,000 in Local Assistance funds for the City of Augusta has been
included in the Fiscal Year 2002 State Budget. The attached contract when executed commits state funds
to assist with the mentoring program at the Augusta Youth Center, Inc,
1 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, 1 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, 1 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
Qoth copies to me. 1 will then sign for the Department and return a copy to you along with a check
representing the full 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,
JH/ja
Enclosure
cc: Richmond County Legislative Delegation
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
..:"i~
STATE'OF GEORGIA GRANT CERTIFICATION FORM
. 'Z' "
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
a'warded to the local government. The Grant Certification Form(s) should be submitted to the
State Auditor with one c,opy of the annual audit report. Questions concerning the preparation
and sub~ission 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 form 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, GeorgJa 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 scop~ to enable the CPA to complete the Independent
Accountant's Report. These procedures include examination of grant application and award
documentation to become faIniliar 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 perform an
audit or perform 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 form 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
_ .bo
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STATE OF GEORGIA GRANT CERTIFICATION FORM
A Local Government
B Infonnation For Year Ended
, I
C State Awarding 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)
1 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
,1 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
1
l"delJendent Accounta1it's RelJort
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 oj governor's emergency funds and/or special
project appropriation.]
Management is resp?nsible for [name of government]'s compliance with this requirement. Our
responsibility is to 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 oj government] complied with the
aforementioned requirement for the fiscal year ended [date] is fairly stated, in all material
respects.
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY A HORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR,
STEPHEN E. SHEP,IRD
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-MAII.:JWAI.I.@CO.RICHMOND.GA.US
GEORGE R. KOLB
Administrator
WM. "WILLIE" H. MAYS, HI
Mayor Pro Tern
MEMORANDUM
To:
AUGUST A YOUTH CENTER
From:
Jim Wall
Date:
June 7, 2001
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 J2,enefit to the County is sub'stantial. 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, sll1ce we must provide one copy to DCA. The
remaining copy is for the City's record,S:
Please execute both copies ofthe:Contract 'in order,that they may be returlled to me. Further, if
you ,should have any questions concerning eith~r the scope of services or the certiticatioil, please call me.
)'
.,
i
STATE OF GEORG1A )
RICHMOND COUNTY )
GRANT AGREEMENT
,THIS AGREEMENT, made and entered into this ~ day of June, 2001, 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 AUGUST A YOUTH 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 AUGUST A 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:
I, AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION
accepts, the sum of$S,OOO.OO (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
a mentoring 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
(' 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 transpol1ation;
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. 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 ofthe 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
..
i
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 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
ORGANIZA TION 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 ORGANIZA nON 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. 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 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 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 Bennell 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.
] 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 ORGANIZA nON, said funds shall be retained by the City.
]], In addition to the indemnification provision set forth in paragraph 4 hereof,
ORGANIZA TION agrees that this Agreement shall terminate should it be determined the Grant from the State to
A UGUST 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 TION 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.
4
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13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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 YOUTH 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.
AUGUSTA YOUTH CENTER
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ATTEST: ~ c.O~
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Notary Public
My Commission Expires:
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..; Y COMMISSIoN EXPIt4~~ECCOEUMNTY. GEORGIA
SER 11,2004
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Grant No. 02-C-L-609
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 2nd day of July. 2001. 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 or' 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.
.. '"
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Grant No. 02-C-L-609
Page 2 of 5
5. Conflicts of Interest. Tfie 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-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
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. 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 tenninatethis 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.
.'....-,
,t~
Grant No. '02-C-L-609
Page 3 of 5
11. Satisfaction. In the event the Department detl:!r'mines, 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 orany 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
servicesby 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). "Ibe 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. 02-C-L-609
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written
apove. '
FOR THE RECIPIENT
By:
Federal Employers ID Number:
58'- ;;;JdO 'I d 7 f'
Attachments: Exhibit A. "Scope of Services"
_ By:
FOR THE DEPARTMENT OF COMMUNITI AFFAIRS
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~
Grant No. 02-C-L-609
Page 5 of 5
EXHmIT A
The Local Assistance Grant shall be used by Augusta-Richmond County to assist with the mentoring
program at the Augusta Youth Center.
. 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,
,-- .
-'-
-----;---1 ' '---~.~...:--=
",Augus~"!.j~J1~~~~- ~u.nty..
Fin~nce ,Df!partment
Memo
To: State Grant Recipient
From: AI Denis, Grants Manager
CC: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
In accordance with grant agreement ~-C-L-&tll it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor"). 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 Grantor. 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 for financial
statements until all !expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such,findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation of fund usage or a copy of an
audited financial statement which includes expenditures of Agreement fundS) ..../
Name . , TelePhoneNo.(7t>6 CY67-Z,~U
Signature ~ 'II ) // / r I ....
(Please print) / C' C} V" E- ~;v-;s ~I
Address #- 7 (;e4>)' (!. . 41, y~ l20t
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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, Interim Finance Director
FROM: Lena J. Bonner, Clerk of Commission
DATE: September 4,2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $390,000 fron:J the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
ORGANIZATIONS GRANT NUMBER AMOUNT
Augusta Plavers 02-C-L-48 $25,000
Auqusta Recreation Dept. 02-C-L-128 $ 5,000
Beulah Grove Resource Ctr 02-C-L-132 $15,000
Auqusta Youth Center 02-C-L-171 $10,000
Auqusta Mini Theater 02-C-L-533 $250,000
Auqusta Museum of History 02-C-L-557 $25,000
Auqusta Youth Center 02-C-L-609 $5,000
Beulah Grove Resource 02-C-L-740 $35,000
Center
Beulah Grove Resource 02-C-L-751 $20,000
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
i'
I Office of The Clerk of Commission
Lena J. Bonner, CMC
Clerk of Commission
Nancy Morawski
Deputy Clerk
August 22, 2001
Ms. Pat Jones, Executive Director
Augusta Youth Center
602 Third Street
Augusta, Georgia 30901
Dear Ms. Jones:
Room 806 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
(706) 821-1820 - FAX (706) 821-1838
Enclosed is a check in the amount of $20,000 representing total payment of your FY2001-2002
State of Georgia appropriations through the Georgia Department of Community Affairs Local
Assistance Grant Program.
If I can be of further assistance, please feel free to call.
Very truly yours,
&t!lIt?1#t&/
Clerk of Commission
Enclosure.:
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AUGUSTA-RICHMOND COUNTY COMMISSION
060866
" . " DESCRIPTION, P,O., NUMBER.: INVOICE: NUMBER INVOICE AMOUNT NET,AMOUNT
I;LOCAL ASSISTANCE G RllliT 090401 5,000,00 0.00 ~ 000.00
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tL,OCAL ASSISSTANCE GRAi'JT 090401B 10,000.00 0.00 10,000.00
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CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
060866 09j06jOl l5,OOO.OO 0,00 15,000.00
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AUGUSTA-RICHMOND COUNTY COMMISSION
060866
" DESCRIPTION, " .. ;f._...... P,O, NUMBER,,: ";INVOICE:-NUMBER,, ' , ',:' 'INVOICE AMOUNT r_.... ; ,,,:, , ' NETAMOUNL.
iWOCAL ASSISTANCE GRANT 090401 5,000.00 0.00 5,000.00
!WOCAL ASSISSTANCE GRANT 090401B 10, 000,00 0.00 10,000.00
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060866 o 9 / 0 6/ 0 1 15,000,00 0.00 15,000.00
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GEORGIA DEPARTlVIENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
- August 30, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $390,000 representing payment for the following Local
Assistance Grants:
Grant No, 02-C-L-48
Grant No. 02-C~L-128
Grant No. 02-C-L-132
Grant No, 02-C-L-171
Grant No. 02-C-L-553
Grant No. 02-C-L-557
Grant No, 02-C-L-609
Grant No, 02-C-L-740
Grant No, 02-C-L-751
$ 25,0001}-a5f1<<;tJ-t!hf~ ~
$ 5,000 l€ue-n-~e'+- ~ 4-~1:.
$ 15,000&--U64-H-6~ol/~
$ 1O,000-Au6tlorlf l/tU~ ere
$250,000 /l};m ;rX:/e-71rk-
$ 25,000 A:u~ct-ST* /!It1~et'" tJF fhsrobj
$ 5,000 -4uc; t(frtt- 71dU.rr+ ere
$ 35,000t3euC'lJ*l-6iOVe:-
$ 20,000 6 ~ ~tJ); e~ C"r~
Also enclosed are copies of the executed contracts 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 reporting requirements, please
contact Edward Blaha, Deputy DirectQr, 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, ,
~ MjI~
Jim Higdon
Commissioner
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Enclosures
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
Page 001 OF' 001'
Vendor NO:', 00000,13727
Vendor Name: AUGUSTA RICHMOND CTY" BD, 0'
'r:."~:~,", 'STATE OF GEORGIA.
":.DEPARTMENT, OF COMMUNI.T.V AFFAIRS:"
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08/27/2001
08/27/2001' '
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:"ATLANTA, ,GA,
Check No:,
Check Dale:
Check Jotal:..
INVOICE'
NUMBER
j 02-C-, L-128: :~,
02-C-L~ 132: .
I 02-C-L-171 ' , '
.02-C-L-48 '
I 02,-C-L-5,53,'"
02-C-L-557
02;'C-L-609' ,
02-C-L-740
j02-C-l-75h
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000028672:
000028669
000028670,
000028673 ,
, 000028675 '
000028674,
000028671" ,~
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00002866,7 ',;
AMOUNT
PAID
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15: 000 : 00'
10,000:,00
25,000.00: '
250,000'.00.
25,000,00'
5,000,00
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35,000.00
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AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H, BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR.
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
WM. "WILLIE" H. MAyS, III
Mayor Pro Tem
MEMORANDUM
To:
AUGUSTA YOUTH CENTER
From:
Jim Wall
Date:
June 7,2001
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, 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.
Office of The Clerk of Commission
Lena J. Bonner, CMC
Clerk of Commission
NahcyMorawski.
Deputy Clerk
Room 806 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
(706) 821-1820 - FAX (706) 821-1838
July 16, 2001
Ms. Pat Jones, Executive Director
Augusta Youth Center
602 Third Street
Augusta, Georgia 30901
Dear Ms. Jones:
Enclosed is a Grant Agreements and a Monitoring and Auditing Agreements between
your agency and the City of Augusta, which is needed for the disbursement of your
Local Assistance Grant Award from the Georgia Department of Community Affairs from
the Fiscal Year 2002 State Budget. This award was made possible to your agency
through the efforts of our local Legislative Delegation. Please execute both agreements
and return promptly to my attention so that the disbursement can be handled
expeditiously once we receive the grant monies.
Should you have any questions,or need any additional information, please feel free to
call me at 706-821-1820.
ner,
Clerk of Commission
Enclosures:
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 9,2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Mayor
Augusta/Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
I am pleased to advise you that $10,000 jn Local Assistance funds for Augusta/Richmond County
has been included in the Fiscal Year 2002 State Budget. The attached contract when executed commits
state funds to contract for services with the Augusta Youth Center for youth inner city youth 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 (ltem 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
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full 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,
St:
Commissioner
JH/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
c-'
* Recycled Paper
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ST A TE OF GEORGIA )
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of June, 200], 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 AUGUSTA YOUTH 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, 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 qfthe mutual covenants and agreement
between the parties, it is agreed as follows:
], AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZA nON
accepts, the sum of$]O,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 determined renders a substantial benefit to its citizens, to wit
To provide programs for the disadvantaged, thereby promoting public health and safety, including providing
inner city youth 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
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,
Police and fire protection;
D
Garbage and solid waste collection and disposal;
g"
Public health facilities and services, including hospitals, ambulance and emergency
rescue services, and animal control;
D
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;
D
Storm water and sewage collection and disposal systems;
o
Development, storage, treatment, purification, and distribution of water;
o
Public housing;
o
Public transportation;
D
Librilries, 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. ORGANIZA nON 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 al1d 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 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
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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 f~om 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 ail 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.
S, 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 SO-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 SO-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. ORGANIZA TION 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
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directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This
"Sectarian Aid" clause prohibits the performa~ce 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 uriiverse. 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 ofa 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,
ORGANIZA TION 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.
4
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13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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 YOUTH 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.
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AUGUSTA YOUTH CENTER
OR~ZAT
By; '7 ~ -;:;f
As its ,e5/~
A nEST tk. t': ()~
Title: n_e..1 v,,4y
AU
'"(I :CU8L1C, RICHMOND COUNTY, GEORGIA
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Grant No. 02-C-L-171
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 2nd day of July, 2001, by and between the Department of
Community Mfairs 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 ail requisite power and authority to enter into this Agreement and
expend funds for the purposes set forth herein;
NOW, THEREFORE, in considerat~on 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. Accountability. The Recipient agrees to expend said funds solely inconforrnance 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:
$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.
--:::-.
A-~
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Grant No. 02-C-L-171
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. Q.C.G.A. ~45-10-20
through 945-10-28 and O.C.G.A. 9936-67A-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 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 Agre~ment 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 "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
retum 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 obligatio"ns 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.
. ,
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Grant No. 02-C-L-171
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 acti9ns 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. 11, Par. VII.
(b). The "Sectarian Aid" dause 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 wrtting.
[Executions on foJlowing page]
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Grant No. 02-C-L-171
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.?- ,;;)~I! t( ~7 'f
Attachments: Exhibit A, "Scope of Services"
FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS
By:
. ~ i
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Grant No. 02-C-L-171
Page 5 of 5
EXHIBIT A
The Local Assistance Grant shall be used by Augusta-Richmond County to contract for services with
the Augusta Youth Center for youth inner city youth program.
. 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 i~ 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.
"
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:', Aug~~~Ri~l1~on~,c;oun~c_-
Finance Department
l'- 1- I
Memo
To: State Grant Recipient
From: AI Denis, Grants Manager
CC: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
.~
In accordance with grant agreement ~-C-L-I1L, it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia; or any of their
departments, agents, or employees (hereinafter collectively "Grantor") 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, sha.1I
preclude the Recipient from applying, for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation of fund usage or a copy of an
audited fin ncial statement which inciudes expenditures af Agreem~ funds.
Name '. ' TelePhoneN(]?b)n~-2z.,rc
Signature C...Lt / /, ~ J'
(Please print) '/ C~ (' r-../ " OS/ J 5 ,c ·
Address ti 1 C:. {'> c-<V ~...: . (l" tJ , · /5f/V\.-
/Iv" 7)4: I {,4- 3c:J~o?
. Page 1
AUGUSTA-RICHMOND COUNTY COMMISSION
.JAMES B. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE. ,JR.
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: JWALI.@CO.RICHMOND.GA.US
GEORGE R. KOLB
Administrator
WM. "WILLIE" H. MAYS, III
Mayor Pro Tem
MEMORANDUM
To:
AUGUSTA YOUTH CENTER
From:
Jim Wall
Date:
June 5, 2001
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, J 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 tilt: City audit address all grant funds. Therefore, please note the
language included in paragraph 3.
r have attached two copies of the contract, sll1ce 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 ~hat 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.
fl.
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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 c.opy 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 form should be used for
each 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 grarit; 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 perform an
audit or perform the agreed upon procedures, for purposes of meeting the requirements of House Bill
1364 the indepen4ent 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 fimds 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; Ot ~-mail blahaef@mail.audits.state.ga.us
"
.~
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STATE OF GEORGIA GRANT CERTIFICATION FORM
,A Local Government
I
B Information For Year Ended
I
.
C State Awarding Agency
0
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
I
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
7,
1}
f.
Independent Accollntant's Report
We have examined management's assertion included in the accompanying State of Georgia
Grant Certification Fonn 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 ofthe following grant award(s):
[Individually identify each grant award of governor's emergency funds and/or special
project appropriation.]
Management is resp?nsible for [name of government]'s compliance with this requirement. Our
responsibility is to 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
MEMORANDUM
TO: Honorable Charles W. Walker, Senate Majority Leader
FROM: Lena J. Bonner, Clerk of Commission
DATE: September 7,2001
SUBJECT: Fiscal Year 2002 Local Assistance Grant Awards
As you requested in your memorandum dated May 1, enclosed are the following grant
awards representing' total payment of their FY2001-2002, State of Georgia
appropriations through the Georgia Department of Community Affairs Local Assistance
Grant Program along with a copy of their grant agreement:
ORGANIZATION GRANT NO. AMOUNT
Souths ide Tutorial Proqram 02-C-L-614 $30,000
Beulah Grove Resource 02-C-L-751 ,132,740 $70,000
Center
Laney Museum 02-C-L-660 $75,000
Augusta Museum 02-C-L-587 $25,000
Please.note that the grant award for the Beulah Grove Resources Center consist of two
other awards along with the $35,000 you requested
If I can be of further assistance, please feel free to contact me.
PiCked~ ~Y/Q
Date f; :0 ~d()/ '
,
"
,
Office of The CJerk 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, Interim Finance Director
FROM: Lena J. Bonner, Clerk of Commission
DATE: September 4, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $190,000 from the Department of Community
Affairs. Please ,issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
GRANT NUMBER
02-C-L-590
02-C-L-587
02-C-L-602
$10,000
$50,000
$75,000
$25,000
$5,000
Au
02-C-L-591
02-C-L-944
02-C-L-660
As you know, these monies represent to~al grant award for each recipient.
Thank you.
Enclosure: Check
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COM~nSSIONER
Roy E. Barnes
GOVERNOR
September 5,2001
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $190,000 representing payment for the following
Local Assistance Grants:
Grant No, 02-C-L-587
Grant No. 02-C-L-590
Grant No. 02-C-L-591
Grant No. 02-C-L-602
Grant No. 02-C-L-660
Grant No. 02-C-L-944
$25,000/)nC-7 /11 ~sEll d\..
$25,000 1W6 ~jJe:~/t
$10,000 ~ ';>t~c..~5
$ 5,000 /1u~ l1tfl1r#Crp,
$75,000~t-"'ZT.4 tiJuse- t ~ktlYEl.f If1us.EJI~
$50,000 1rl/<$.077e)IV €r:c~E'
Also enclosed are copies of the executed contracts 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 rep011ing 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,
..aH+
Jim Higdon
Commissioner
JH/ja
EQUAL HOUSING ~
OPPORTUNITY L:..I
60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940
www.dca.state.ga.us
All Equal Opportunity Employer
@ Recycled Paper
AUGUSTA-RICHMOND COUNTY COMMISSION
061078
, , '" ... :" ,'DESCRIPTION P.O:iNUMBER": ' INVOICE NUMBER INVOICE AMOUNT '..' "'.." NEFAMOUNT::
bRANT AWARDS 090701 25,000.00 0.00 25,000.00
..
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CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
061078 09/07/01 25,000.00 0.00 25,000.00
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Page 001 OF 001,
Vendor No: 0000013727'
Vendor Na';'e: AUGUS,TA, RICHMOND, Cry aD 0:
~' '~ , ~ STATE OF GEORGIA \;.
DEPARTMENT, OF COMMUNlT,Y AFfAIRS,
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0000050418,
'08/31/2001
'$ 1, 90,000'.00;;
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A.TLANTA, GA.
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Check No':
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02~C-L-587' . "
'02-C-L-590'
"02:-C'-L-591'
02-C-L-602" ,
,02-C-I.:-660 '
: 02-C-[- 94'4,
,,000028964' ,
00002895't;
000028966'
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, 000028977:.._,
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'GROSS
AMOUNT
25,000,00.
25,000,.00'
10',000,00
:' 5,,000,,00
75,000.00
50,000:00
25,006,'00.
,25',.000.00
, 10.,000,00 ',:r
";,'5,000.00'
75:~ 000..,00... , f'
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GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 18,2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
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 2002 State Budget. The attached contract when executed commits
state funds for operational funds for the Augusta Museum of History 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
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full 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.
(Zy
Jim Higdon
Commissioner
JHJja
Enclosure
cc: Richmond County Legislative Delegation
l.:
0;2--C-L-5 g-7
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
Office of the Mayor
Bob Young, Mayor
Room 806, Municipal Building
530 Greene Street, Augusta, GA 30911
(706) 821-1831 - FAX (706) 821-1835
E-mail: mayoryoung@co.richmond.ga.us
July 23,2001
Honorable Jim Higdon, Commissioner
Georgia Department of Community Affairs
60 Executive Park South, N.E.
Atlanta, Georgia 30329
Dear Commissioner Higdon:
Enclosed are executed DCA Agreements for the following fiscal year 2002 Augusta-Richmond
County grant recipients:
ORGA.L~ZA TION GRANT NO. AlVIO UNT
Augusta Opera 02-CL-590 $25,000
Augusta Museum 02-CL-587 ' $25,000
Delta House 02-CL-660 $75,000
Augusta Youth 02-CL-602 $ 5,000
Augusta Players 02-CL-591 $10,000
Augusta Cotton 02-CL-944 $50,000
Exchange Museum
As always, we appreciate your' continued assistance in the administration of Augusta's grant
awards.
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMESB. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
,JERRY BRIGHAM
HENRY H, BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM D. KUHLKE. .JR.
STEPHEN E. SHEPARD
MARION WILLIAMS
B08 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
WM. "WILLIE" H. MAYS, III
Mayor Pro Tcm
MEMORANDUM
To:
AUGUSTA MUSEUM OF HISTORY
From:
Jim Wall
Date:
June 7, 2001
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, sll1ce we must provide one copy to DCA. The
remaining copy is for the City's records.
Please execute both copiesofthe 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.
11
.
, "
STATEOFGEORGIA )
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this Z day of June, 2001, 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 MUSEUM OF HISTORY hereinafter
referred to as the "ORGANIZATION");
WITNESSETH:
WHEREAS, the ORGANIZA nON 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 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.
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
~
,
,.
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. ORGANIZA nON 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 ofthe 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 findings of
AUGUSTA concerning expenditure of the Funds, whether based on an audit repolt, 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 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. 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. ORGANIZA TION 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
4
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." J 53 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 ofa 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.
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 termination, any funds under this Agreement have not been
disbursed to the ORGANIZA nON, 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
ORGANIZA TION 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,
4
(- f
13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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,
~("lJ R.,<-'1NutJJS 57.
/Iv".) SiAl (...A lfJ')tJ{
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.
cIJ
AUGUSTA MUSEUM OF HISTORY
ORGANIZA TION
By: ,~
As Hs' "'''''-~
ATTEST: ~
Title:
Sworn to anCl subscribed
befor!::J]e this~day of
, 001,
AU
Notary Pu c
My CO.!!l~sion '~,p~rys: d
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Grant No. 02-C-L-587
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 2nd day of July, 2001, by ahd 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 $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 retumed 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. 02-C-L-587
Page 2 of 5
5. Conflicts of ][nterest. 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 945-10-2'8 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
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 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. 02-C-L-587
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
imp}(~mentation 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 ~endment or modification of this Agreement shall be binding unless both parties
, have agreed to said modification in writing. ' ,
[Executions on following page]
~
Grant No. 02-C-L-587
Page 4 of 5
IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the date first written
above.
FOR TIlE RECIPIENT
By:
Federal Employers ID Number:
58-2204274
Attachments: Exhibit A, "Scope of Services"
FOR TIlE DEPARTMENT OF COMMUNIlY AFFAIRS
By:
~iSSioner
1\
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Grant No. 02-C-L-587
Page 5 of 5
EXHmIT A
The Local Assistanc,e Grant shall be used by Augusta-Richmond County for operational funds for The
Augusta Museum of History 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 sewices 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.
?
,.,.
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- ~. -.:-;:;- ~ -
Memo
To: State Grant Recipient
From:AI Denis, Grants Manager
cc: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
In accordance with grant agreement tl:L-C-L~, it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation of fund usage or a copy of an
audited financial statement which includes expenditures of Agreement funds.
Name ~' . Telephone No. 60ft) 72:2.- ?Y.5"'1.1
Signature ;
(Please print) SuJTP W ' GI!/-k.
Address
S6U R..f..'7.o/0'-CJ5 $7, ~LJ~JS";,() ~.., r(./'id I
. Page 1
.......
"
q
STATE OF GEORGIA GRANT CERTIFICATION FORI"I
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 c,opy 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 form should be used for
each 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 armual 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 fof' 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 perform an
audit or perform the agreed upon procedures, for purposes of meeting the requirements of Rouse 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 CP A 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 form 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, Ldcal
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
:J'
STATE OF GEORGIA GRANT CERTIFICATION FORM
A Local Government
B Information For Year Ended
!
,
C State Awarding 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 n
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 forthe express purpose or
purposes for which the grant was made. r 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 Officim
Date
Signature of Chief Financial Officer
Date
.r-
"
Indevendent Accountant's Revort
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 resp?nsible for [name of government]'s compliance with this requirement. Our
responsibility is to 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 ], 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:
Honorable Charles W. Walker, Senate Majority Leader
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
September 7,2001
SUBJECT: Fiscal Year 2002 Local Assistance Grant Awards
As you requested in your memorandum dated May 1, enclosed are the following grant
awards representing total payment of their FY2001-2002 State of Georgia
appropriations through the Georgia Department of Community Affairs Local Assistance
Grant Program along with a copy 'of their grant agreement: .,
ORGANIZATION GRANT NO. AMOUNT
Southside Tutorial Proaram 02-C-L-614 $30,000
Beulah Grove Resource 02-C-L-751 ,132,740 $70,000
Center
Lanev Museum 02-C-L-660 $75,000
Auqusta Museum 02-C-L-587 $25,000
Please note that the grant award for the Beulah Grove Resources Center consist of two
other awards along with the $35,000 you requested '
If I can be of further assistance, please'feel free to contact me.
PiCked~~~..
Date 7; :c) ~d()/
,
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STATE OF GEORGIA )
R1CHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this ::;. day of June, 2001, 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 BEULAH GROVE COMMUNITY RESOURCE
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 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:
], 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 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 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
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o
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Police and fire protection;
~/
Garbage and solid waste collection and disposal;
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
Air quality control
3. ORGANIZA TION 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 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 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 AUGUST A documentation of Fund use or a copy of audited financial statements until all expenditures of
2
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,
',:}
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
ORGANIZA TION 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
,
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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, I n Bennett v. City of LaGrange, 153 Ga. 428( 1922), the Supreme
Court indicated that "religious" connotes faith in God, J 53 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.
I O. AUGUSTA 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.
I I. In addition to the indemnification provision set forth in paragraph 4 hereof,
ORGANIZA TION 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. ORGANIZA nON, 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.
4
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13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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 RESOURCE CENTER.
/lJ-4.l6 /'-Y\~ <;"I".,.pf
Ilv~vr 4e4 6CA itJCfol
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.
BEULAH GROVE COMMUNITY RESOURCE CENTER
ORGANIZATION
By: ):m LJ~
A~:T~)
TItle: -
S~vorn to a d subscribed
before me this30t6 day of
;Tu~ ,200l.
(,,<U4 ~~
Notary Pu 'c
MyCorpmission Expires:
'i,~ Dee . 89z>i
~~: .~"v'\~
AUG\ S A,G
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"
Grant No. 02-C-L-132
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 2nd day of July. 2001. 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 oOts 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 $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 wlth
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 Fun~s. 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 Depar1:n1ent's receipt of the executed
Agreement.
$15,000
Total Disbursement
4. Applicable Dates. The effective date of this Agreement is specified on page one.
..
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Grant No. 02-C-L-132
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 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 RecipieI].t 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
ofa.C.G.A. 836-81-8.1 with respect to the completion and submission'to the State Auditor ofa "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. 02-C-L-132
Page 3 of 5
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.
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 ~ectarian 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. VB.
(b). The "Sectarian Aid" clause prohibits the perfonnance 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 relateto "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. 02-c...L-132
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:
5 S' -- c?d)..tf V ~ 7if
Attachments: Exhibit A, "Scope of Services"
FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS
By:
, ..
:7 ~
Grant No. 02-C-L-132
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 Resources Center, Inc. to provide health care and counseling services 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.
IIIIIIII
- - 1-,. -
Memo
To: State Grant Recipient
From:AI Denis, Grants Manager
CC: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditin~
~
In accordance with grant agreement Il:L -C-L-f1Ji., it is ac~nowledged that upon
request the Recipient agrees. to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or. employees (hereinafter collectively "Grantor") 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion. report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to re'{iew documentation of fund usage or a copy of an
audited financi statement which includes expenditures of Agreement funds.
Name
Signature
(Please print) 5 )hn /J7J~'c;,
Address /4-4-6 It "),A.., 5~'J!e.,L ./J1/9/~A (J./X.
Telephone No. 7/)6-"7;), 4- /o~0
. Page 1
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, Interim Finance Director
FROM: Lena J. Bonner, Clerk of Commission
DATE: September 4,2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $390,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
ORGANIZATIONS GRANT NUMBER . . AMOUNT
Augusta Players 02-C-L-48 $25,000
Augusta Recreation Dept. 02-C-L-128 $ 5,000
Beulah Grove Resource Ctr 02-C-L-132 $15,000
Augusta Youth Center 02-C-L-171 $10,000
AUQusta Mini Theater 02-C-L-533 $250,000
AUQusta Museum of History 02-C-L-557 $25,000
Auqusta Youth Center 02-C-L-609 $5,000
Beulah Grove Resource 02-C-L-740 $35,000
Center
Beulah Grove Resource . - 02-C-L-751 $20,000
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
AUGUSTA-RICHMOND COUNTY COMMISSION
060873
DESCRIPTION . , P.O:, NUMBER: INVOICE NUMBER INVOICEAMOUNI ,:NETAMOUNT "
uOCAL ASSISTANCE GRAIJT 090401 15,000.00 0.00 15,000.00
uOCAL ASS ISTA..."N"CE GRP...NT 0904018 35,000.00 0.00 35,000.00
L,OCAL ASS I STA1\!CE GRANT 090401C 20,000.00 0.00 20,000.00
,
-. ...
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
060873 09/06/01 70,000.00 0.00 70,000.00
. ....1111 I.' I'" I ';' .. II -; !lt1 H" I
,--
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. AUGUSTA,.GEO~GIA,
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GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
August 30,2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear May~r Young:
Enclosed is a check in the amount of $390,000 representing payment for the following Local
Assistance Grants:
Grant No. 02-C-L-48
Grant No. 02-C-L-128
Grant No. 02-C-L-132
Grant No. 02~C-L-171
Grant No. 02-C-L-553
Grant No. 02-C-L-557
Grant No. 02-C-L-609
Grant No. 02-C-L-740
Grant No. 02-C-L-751
$ 25,000-/l-t6tta'4-IJttH; ~
$ 5,000 ~n-~e'+-1If.I!'j fltttc
$ 15,000'&-'"1.I6'h~f-6,{)ol/"G""
$ 10,000 -llutffJtlSTJ4- l/lUm ere
$250,000 /7}/ffI /",*79r.tlc~
$ 25,000 ,4u~ CLS7Yf /IIt1S'CU 1ft of IhsrtJbf
$ 5,000 -4u~ t{rrt+- 71cJU.rN- Cr~
$ 35,000I3euCh*l-c;itiVe:-
$ 20,000 6 {dflIl;;- ~~ ecE Ch~
Also enclosed are copies of the executed contracts 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 reporting 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,
a~~
Jim Higdon
Commissioner
JH/ja
Enclosures
60 Executive Park South, N.E.. Atlanta, Georgia 30329-2231 · (404) 679-4940
www.dca.state.ga.us
An Equal Opportunity Employer
@ Recycled Paper
EQUAL HOUSING ~
OPPORTUNITY L.:J
08/27/2001.
08/27/200:1~
08127/2001;
08/.27/200.1" :
08/27/2001' ,
08/27/2001.
08'/27/200 l'
08/27/2001-
08-/27/200 l' .
5,000,00
15,000..00
10 000. 00'
25': 000: 00
250,000.:00. ,
25,000.00
5,000..00;
35000.00
20: 000 :00"
. ,i;r:j
',,' '
Page 001 OF'. 001..
Vendor No: 0000013727
Vendor Name: AUGUSTA. RICHMOND C.T,Y, BD 0,
"",.' STATE OF GEORGIA, .
. DEPARTMEN.T OF COMMUNITY,. AFFA.IRS,
J:\~~*{~~' :::_~~~::.~',:' .~.
~f~~y to th".C?rdO
~~~~ ~{:;~r':': t
Pay;EXacUy,
. . "I'~~F~.'~"
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INVOICE
NUMBER'
102.-C-L-128' '
102-C-L-132'.
1.02-C-L-171'
'02-C-l-48 . -',
I 02-C-L-553' ,
02-C-L-557 '
02-C-L-609. '.
02-C-L-740
! 02~ C ~ L - 751'.
! ' -.. .
ATLANTA,. GA.
1100-1000'
0000050244
08/29/2001
..', .$390, 000.00:
AMOUNT
PAID
. ":'",
: 000028672:";""::..
,.000028669;.,., ...:
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000028673::
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. 20,000.00
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.-
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 9, 2001
Ro)' E. Barnes
GOVERNOR
Honorable Bob Young
Mayor
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 2002 State Budget. The attached contract when executed commits
state funds to contract for services with Beulah Grove Community Resources Center, Inc, to provide
health care and counselirig services 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, 1 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
both copies to me. 1 will then sign for the Department and return a copy to you along with a check
representing the full payment. '
Please note that your Federal Employers L 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,
JH/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
All Equal Opportullity Employer
* Recycled Paper
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CrTY ATTORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR.
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
WM. "WILLIE" H. MAYS, III
Mayor. Pro Tem
MEMORANDUM
To:
BEULAH GROVE COMMUNITY RESOURCE CENTER
From:
Jim Wall
Date:
June 5, 2001
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 substantill I. Please review the scope elf service~ to insure it accurately
states the purpose forwhich the grant \-vill be utilized.
The second concern was the constitutional prollibitiol) against paying funds to, or contracting
with, a sectarian entity. We have bei;;:n required to. cohduct "such factual inquiries as may be reasonably
necessary to enforce" the sectarian aid. prohibition. AccordiJlgly, I have included a certification that your
organization is not "organized out Of bel ief in God or either supernatural beings", which is a requirement
for your organization being eligible for the gral~t funds.
Also, the State is requiring that the City audit a~dress all grant funds. Therefore, please note the
language included in paragraph 3.
_I.have attacl~ed two..copies o.f..!he contract, sll1ce we must provide one copy to DCA. The
rem~jning copy is for the qt)i'srecords.
Please execute both cqpies q)f the contraCt in order that they may be returned to me. Further, if
.you slio"ulClhave any questions conc((rning either the scope of services or the certification, please call me.
-
~... .
. .
STAlE 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 c.opy 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 form should be used for
each 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. Atta9h Independent Accountant's Report.
4. Mail the Grant Certification Form (including Independent Accountant's Report) with one copy of the
audited armual 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 perform an
audit or perform the agreed upon procedures, for purposes of meeting the requirements of House Bill
1364 the indepen~ent 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 form 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 goveniment. .
8. Questions concerning the provisions of H~use 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@mai1.audits.state.ga.us
.r
'1.
STATE OF GEORGIA GRANT CERTIFICATION FORM
A Local Government
B Information For Year Ended
I
. ,
C State Awarding Agency
. ,
D Grant Identificaticm Number
E Grant Title
F Grant Award Date
.'
G Grant Amount
H Balance - Prior Year (Cash
or Accrued or Dererred
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 J)
Certification of Local Government Officials
.1 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 m~de. runderstand 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
?
Independent Accollntant's Reoort
We have examined management's assertion included in the accompanying State of Georgia
Grant Certification Fonn 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 appropn'ation.]
Management is resp?nsible for [name of government]'s compliance with this requirement. Our
responsibility is to 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 ofgovemment]'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.
7
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:
Honorable Charles W. Walker, Senate Majority Leader
FROM:
Lena J., Bonner, Clerk of Commission
DATE:
September 7,2001
SUBJECT: Fiscal Year 2002 Local Assistance Grant Awards
As you requested in your memorandum dated May 1, enclosed are the following grant
awards representing total. payment of their FY2001-2002 State of Georgia
.appropriations through the Georgia Department of Community Affairs Local Assistance
Grant Program along with a copy'of their grant agreement:
ORGANIZATION GRANT NO. AMOUNT
Southside Tutorial Prooram 02-C-L-614 $30,000
Beulah Grove Resource 02-C-L-751 ,132,740 $70,000
Center
Lanev Museum 02-C-L-660 $75,000
Auqusta Museum 02-C-L-587 $25,000
., I
Please note that the grant award for the Beulah Grove Resources Center consist of two
other awards along with the $35,000 you requested
If I. can be of further assistance, please feel free to contact me.
Pioked ~ dft// L;i:
Date ,7; ~ -;.,}dtJ/ .
,
4\ ~..
ST A TEOF GEORGIA )
. RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of June, 2001, 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 BEULAH GROVE COMMUNITY RESOURCES
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 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 refer~nce.
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
health care and counseling services.
AUGUSTA has the power to perform such services under the Constitl.tion 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
;;i: 'J"'"
~
Police and fire protection;
o
j
Garbage and solid waste collection and disposal;
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. FLllther, 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
infonnation, 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
aU 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 findings of
AUGUST A concerning expenditure of the Funds, whether based on an audit repmi, 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 501 (c) of the Internal
Revenue Code.
8. ORGANIZA TION 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
,,~i. : -.,
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 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.
I I. 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
A UGUST 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 Rich.mond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia.
4
.....:a.
..
, # ~
13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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.
14 ~ A;J.I.... ~)Rfl"lG .)./,-nck, r/~l'./
p-LJ.l(vr/et (;q..
'Z (;,Jc~bJ
,
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:
BEULAH GROVE COMMUNITY RESOURCES CENTER
ORGANIZA TION
BY:s!1bfl J9~
As i s C ElJ
Sworn to and subscribed
before me this _ day of
, 200 I.
Notary Public
My Commission Expires:
5
..i. -
~-'
.~
Grant No. 02-C-L-740
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 2nd day of July. 2001, 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 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 $35,000 to be
used soh~:ly 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.
t --
r
Grant No. 02-C-L-740
, Page 2 of 5
5. Conflicts of ][nterest. 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 LegaIiv 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 findiJllgs of the Department concerning expenditure of project funds, whether
based on an audit report, financial statement, project completion report qr independent investigation
of the DepartJnent. 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 Agencv or Partnership. Nothing herein nor arty 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.
~;;'Y
Grant No. 02-c...L-740
Page 3 of 5
11. Satisfaction. In the evenf 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 Gp. 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. 02-C-L-740
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written
above.
FOR THE (:;/CIPIENT ~,
By: J~
Mayor
Federal Employers ID Number:
5'6- :J-,;l()<f ;)-71
Attachments: Exhibit A, "Scope of Services"
FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS
By:
fJi
.,.
Grant No. 02-c...L-740
Page 5 of 5
EXHIBIT A
The Local Assistance Grant shall be used by Augusta-Richmond County for operational funds for
Beulah Grove Community Resource Center 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 hOUI:S 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.
-
- - 1-,--= -
Memo
To: State Grant Recipient
From:AI Denis, Grants Manager
CC: Tammy Strange
Date: 06/08/0 1
Re: Monitoring and Auditing
~
In accordance with grant agreement ~-C-L~, it is acknowledged that upon
request the Recipient agrees to provide the Department with aDY information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor"). 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applyingJor or receiving any further grants.or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation of fund usage or a copy of an
audited financi . statement which includes expenditures of Agreement funds.
Name A Telephone No. 71;6-'7;), y. JoJ0
Signature _
(Plea-se-print)-)h7m-/T~(;.
Address /4-4# 1(")1~~5~'''''e.;L /J.l/'1,~A
d-dA,
. Page 1
Offi~e 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, Interim Finance Director
FROM: Lena J. Bonner, Clerk of Commission
DATE: September 4,2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $390,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
ORGANIZATIONS GRANT NUMBER AMOUNT
Augusta Players 02-C-L-48 $25,000
Augusta Recreation Dept. 02-C-L-128 $ 5,000
. Beulah Grove Resource Ctr 02-C-L-132 $15,000
Auqusta Youth Center. 02-C-L-171 $10,000
Auqusta Mini Theater 02-C-L-533 $250,000
Auqusta Museum of History 02-C-L-557 $25,000
Auqusta Youth Center 02-C-L-609 $5,000
Beulah Grove Resource 02-C-L-740 $35,000
Center
Beulah Grove Resource 02-C-L-751 $20,000
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
AUGUSTA-RICHMOND COUNTY COMMISSION
060873
... [;)ESCRIPTION ..R.O:.NUMBER';, ':.,,'INVOICENUMBER': ....<lNVOICE.AMOUNT. .,NET-AMOUNT ..,',
l..JOCAL ASSISTANCE GRANT 090401 15,000.00 0.00 15,000.00
LJOCAL ASSISTANCE GRANT 090401B 35,000.00 0.00 35,000.00
l..JOCAL ASSISTANCE GRANT 090401C 20,000.00 0.00 20,000.00
,
-- . . --
-
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL. CHECK TOTAL
060873 09/06/01 70,000.00 0.00 70,000.00
1110 b08 7 :illn 1:0 b ~OOO 2271: 208000070287 bill
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
August 30,2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $390,000 representing payment for the following Local
Assistance Grants:
Grant No. 02-C-L-48
Grant No. 02-C-L-128
Grant No. 02-C-L-132
Grant No. 02-C-L-171
Grant No. 02-C-L-553
Grant No. 02-C-L-557
Grant No. 02-C-L-609
Grant No. 02-C-L-740
Grant No. 02-C-L-751
$ 25,000/ft,6ttg-;tJ-IJt.Y!-o/ ~
$ 5,000 ~n-~e-+-1ffItct .;J.n.~t.
$ 15,000&-'"'2I6'1-ff-6~oV~ .
$ 10,000-Au6t15"TA- lftUnJ ere.
$250,000 /7J 1m 7";ife-71r.l!c-
$ 25,000 ,itu/!j "u.STYf /!/qSBt '" o~ fhsr()bj
$ 5,000 -4uc; t{srtt- VfdU.rN- CT~
$ 35,000 73euCl'J1';f-6 20lJe-
$ 20,000 6 tafVlr ~t.DI e<:E C"Tl!?
Also enclosed are copies of the executed contracts 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 repOlting 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,
a M;I~.
o Jim Higdon
Commissioner
JH/ja
Enclosures
EQUAL HOUSING ~
OPPORTUNITY L:.J
60 Executivl~ Park South, N~E. . Atlanta, Georgia 30329-2231. (404) 679-4940
www.dca.state.ga.us
An Equal Opportunity Employer
* Recycled Paper
:....,....
.' ~:-:-::.-<~".,.:z;,,_..,.-~.'~n~ . .
"-c';' '"~_.,,,-',c;...,. STATE OF GEORGIA.
.. DEPAR~T.M.~NT OF COMMUNIT.Y AFFAIRS
. .;:'\.:;' I ATLANTA, GA . ,,'
'.....
Page 00.1 OF 001;,
Vendor No: 00000;13727
.Vendor Name: AUGUSTA R I CHMONO CTY'.. BO 0
Check.No:.
Check Date:,
Check.Total:
,. 0000050244
08/29/200f
,. $390,000.00
,1:~
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, ~{!
,. 08/27/2001. 000028672:
08/27./2001.. :,:.000028669' .
08/27/2001. . .000028670
08"127/2001' 000028673'.
.08/27/200.1 000028675'
08/27/2001: 000028674':
08'/27/2001: 00002867 t
Ogj27j2001 b00028668"
08/27/2001: ,00002866.7:'
,::'~~_:::: .~~_:":~:~-t.. :~> ~:~.~.
AMOUNT
PAID
INVOICE.
NUMBER'
. GROSS.
AMOUNT
DISCOUNT..
'TAKEN:: .
j.' 02 ~C- L - 12,8'
02-C-L-132
1,02~C-L-1H:
02-C-L-48 '
102-C-L-553.
02-C-L-557
02-C-L-609'. .;
02-C-L-740
1 0.2-C-L-75~:.'
i
,-\,.'
5.,000:.00' ' .
15,000.00.
1 O. OOO~ 00
25: 000 : 00: .'
250,000.,00:
25,000.00.
5,000.00
.35.,000.00
20,000,00 . .
0'.00
0;.00,
, .O~:OO..
'0;.00' "
.0;.00
0':00....
0..00.
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0;.00.: .
5.,000.00-,
.15,000'.00
10.,000.00,
25.,000,00
250,000.00
25,000..00
5. 000' 00
35:000:00
20,000:.00
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: Y:'>a:2.; :::\ .~tf1~~i~~~Ck ~~.~::. .. - :Fi:~~;':\:;;< .{f;;i <. >'Jii' -:;: ;::~~.;~:~,
"ii'''Y to l,he,~rde~;'of;;;~'A.UGpS TA'.'RI CHMONO)CT.Y- BO!~'O FJ"COMMI'SS'I:ONE~S
.<\~, . 530,,:GRE.ENE -STREE,Tt:ROOMi.,806 .,'
. ,':~;.;,:..~,,\~.\,~;.~~~~~1. ;)~~~i;~ ..;::;,'~:;L,;,~~~yt .,;;~.~ .
. P".~t;~~fiiy. "1:11s~~l}~~irUND~~.o: Nf~;~;1Jt~,THOUSA~~~~\~ANDI:,
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.J
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 9, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Mayor
Augusta/Richmond County
530 Greene Street
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 2002 State Budget. The attached contract when executed commits
state funds for operational funds for Beulah Grove Community Resource Center-in Richmond County.
1 must call your attention to two provisions in this contract that based on advice from the Attomey
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 attomey.
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
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full 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.
~relY,
~don
Commissioner
JH/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
/"
All 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
July 16,2001
Dr. Sam Davis, CEO
Beulah Grove Community Resource Center
1434 Popular Street
Augusta, Georgia 30901
Dear Dr. Davis:
Enclosed is a Grant Agreement and a Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies.
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
ULMER BRIDGES
JERRY BRIGHAM
HENIlY H. BIlIGHAM
ANDY CHEEK
RICHAIlD L. COLCLOUGH
WILLIAM B. KUHLKE, .lll.
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
WM. "WILLIE" H. MAYS, III
Mayor Pro Tern
MEMORANDUM
To:
BEULAH GROVE COMMUNITY RESOURCES CENTER
From:
Jim Wall
Date:
June 5, 2001
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 forwhich 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 includedili paragraph 3.
T have attached two copies of the contract, slllce we must provide one copy to DCA. The
remainin~_ copy is for the City's records.
Please execute botti'copies of the contnlct 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 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
July 16, 2001
Dr. Sam Davis, CEO
Beulah Grove Community Resource Center
1434 Popular Street
Augusta, Georgia 30901
Dear Dr. Davis:
Enclosed is a Grant Agreement and a Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies.
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
ULMER BRIDGES
.JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR.
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
WM. "WILLIE" H. MAYS, III
Mayor Pro Tern
MEMORANDUM
. To:
BEULAH GROVE COMMUNITY RESOURCES CENTER
From:
Jim Wall
Date:
June 5, 2001
The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community
Affairs, on August 17, 1999 addressing two iss~es 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, sll1ce we must provide one copy to DCA. The
remaining copy is for the City's rec.ords.
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
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR.
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.RICHMOND.GA.US
GEORGE R. KOLB
Administrator
WM. "WILLIE" H. MAyS, III
Mayor Pro Tern. .
MEMORANDUM
To:
GROVE RESOURCE CENTER
From:
Jim Wall
Date:
June 5,2001
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, sll1ce 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 O'F 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 c.opy 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 fonn. Please note that one fonn 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 Fonn (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
Acco~tant's Report. These procedures include examination of grant application and award
documentation to become familiar with the temis 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 perform an
audit or perform 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 require~ 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
1\.
; .
STATE OF GEORGIA GRANT CERTIFICATION FORM
A Local Government
B Information For Year Ended
I
.
C State Awarding Agency
.
D Grant Identification Number
E Grant Title
F Grant A ward Date
G Grant Amount
H Balance - Prior Year (Cash
or Accrued or Dererred
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
""
Independent Accountant's RefJort
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 graI)t 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 IS emergency funds and/or special
project appropriation.]
Management is resP9nsible for [name of government]'s compliance with this requirement. Our
responsibility is to 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 perfonning 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 of government]' 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.
..
AUGUSTA GENEALOGICAL SOCIETY, INC.
P.O. Box 3743
Augusta, Georgia 30914-3743
15 May 2002
Ms. Lena J. Bonner
Clerk of Commission
Municipal Building
Augusta, GA 30901
Dear Ms. Bonner,
Reference a recent telephone conversation between you and Mrs.
Adamson, please consider this as a formal request for the final
payment of the 1997 Local Assistance Grant Award presented to
the Augusta Genealogical Society.
Your consideration in this matter is greatly appreciated.
];rel~d;;4-tL /
GEOR~ CHRISTEN~;~1"
President
~C!kek
flo7~D.~ tl=- (?~7t.f
~ );, ~trY)
t~.~
Certificate of Commendation, 1983, from the American Association for State and Local History
Certificate of Commendation, 1986, from the American Association for State and Local History
Certificate of Commendation, 1995, from the American Association for State and Local History
Certificate of Commendation, 1995, from the American Association for State and Local History
The Augusta Genealogical Society. Inc.. a non-profit organization chartered by the State of Georgia
.'
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
May 6,2002
Dr. George Christenberry, Executive Director
Augusta Genealogical Society
1109 Broad Street
Augusta, Georgia 30901
Dear Dr. Christenberry:
The Georgia Department of Community Affairs has notified us that the Augusta
Genealogical Society has a balance of $8,750 remaining on your 1997 Local Assistance
Grant award. If you would like the balance of this grant award, please send a written
request for final payment to my attention so that the appropriate request can be made
on your behalf to the Department of Community Affairs. Please know that a request of
these funds would be certifying that you have fulfilled the scope of work as outlined in
your grant agreement, which was for operational use.
Should you have any questions or need any additional information, please feel free to
call us at 706-821-1820.
ve; tr~;;~i
~~~
Clerk of Commission
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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, Interim Finance Director
FROM: Lena J. Bonner, Clerk of Commission
DATE: May 7, 2002
SUBJECT: Department of Community Affairs'
Local Assistance Grant Awards
Enclosed are checks from the Georgia Department of Community Affairs in the amount of.
$16,250 and $31,250, which represents final payment of following grant awards. Please issue
Augusta-Richmond County checks to the following Local Assistance Grant recipients:
ORGANIZA TIONS GRANT NUMBER GRANT AMOUNT
Richmond County Sheriffs 98-C-LB269 $27,500
Department
Richmond County 98--C-LB418 $ 3,750
Marshal's. Department
Master City Little League 97-C-L-lll $ 5,000
Richmond County 97-C-L-126 $ 2,500
Boxing Club.
Augusta Area Genealogical 97-C-L-LB.198 $ 8,750
Thank you for your continued assistance. .
Enclosures:
Cc: Sheriff Ronnie Strength, Richmond County Sheriff's Department
Cc: Marshal Steve Smith, Richmond County Marshal's Department ~.....,..
AUGUSTA;;.RICHMOND COUNTY COMMISSION
076274
':.:;::;;;-; ....:.:.:.'.:...:,. "/.{/:i::DESCRIPTION/?%ti :::;::':::::::.::~:::::~~:~:;::::;-::::::::: .:.:.:;:: ~:: ~:::;: ~:~~:: .. {<P.OtNUMBERf \}INVOICENUMBERit ::tX'tINVOICE'AMOUNT}Hiifi }~:::r::~{:~:~W:~:4~@~f:~:: WW:: {{:}"':}i:'NETAMO UNr.ti{{':,:
-.-....:........................~.^
LJOCAL AS S I STANCE GRANT 9 7 CLLB 1 9 8 8 I 7 5 0 0 0 0 0 0 8 I 7 5 0 0 0
.
.
- - . - - -- .. - .- - .... .- - --
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
0 7 6 2 7 4 0 5 / 1 0 / 0 2 8 I 7 5 0 0 0 0 0 0 8 I 7 5 0 0 0
1110 7b 2 7~1I1 .:0 b ~0002 27': 208000070287 bill
" .
(~~~,
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Laura Meadows
COMMISSIONER
Roy E. Barnes
GOVERNOR
April 19, 2002
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street, Room 801
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $16,250 representing the final
payment for the following Local Assistance Grants:
$5,000 1I/l.Rf!!v ~Z
$2,500 /ft!%t;(6/(~ tl.#.:. .
$8,750 (})jffMt~ (J.lj~ IJJJI/1.albp-d
Grant No. 97-C-L-111
Grant No. 97-C-L-126
Grant No. 97-C-LB198
If you have any questions, please call Bobby Stevens at (404) 679-4943.
. ~erelY,
0~\'1~
. Laura J. Mea!4ws
Commissioner .
LJMlj a
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 ~qllal Opportunity Employer
* Recycled Paper
.
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231
Augusta Area Genealogical Society
RECIPIENT:
LA GRANT
AGREEMENT
NUMBER: 97-C-LB198
LOCAL ASSISTANCE GRANT
REQUEST FOR FINAL PAYMENT
GENERAL
INSTRUCTIONS:
CERTIFICATION:
Authorized
Si nature
~
This form is to be completed once you have fulti)led 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
ac).dress. If you have any questions, please contact Bobby Stevens at
(404) 679-4943.
This is to request fmal 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 Agree'ment and that
all the information stated herein is true and accurate.
Name and Title Bob Young, Mayor
Date
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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
May 6,12002
I
Dr. Ge9rge Christenberry, Executive Director
Augusta Genealogical Society
1109 Broad Street
I .
Augusta, Georgia 30901
,
I
Dear Dr. Christenberry:
I
The Georgia Department of Community Affairs has notified us that the Augusta
Genealogical Society has a balance of $8,750 remaining on your 1997 Local Assistance
Grant award. If you would like the balance of this grant award, please send a written
request for final payment to my attention so that the appropriate request can be made
on your behalf to the Department of Community Affairs. Please know that a request of
these funds would be certifying that you have fulfilled the scope of work as outlined in
your grant agreement, which was for operational use.
Should you have any questions or need any additional information, please feel free to
call us at 706-821-1820.
ver; trril:UIY yours,
Affl ~
UJ::~ J. onner
Clerk of Commission
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GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Laura Meadows
COMMISSIONER
Roy E. Barnes
GOVERNOR
March 12,2002
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street, Room 80 I
Augusta, Georgia 30911
Dear Mayor Young:
1n fiscal year 1997, Augusta-Richmond County received a Local Assistance Grant in the
amount of $35,000 for the operation of the Augusta Area Genealogical Society. We mailed the
First payment to you on May 23, 1997; however, there is a balance remaining of $8,750.
If the project has been completed, please complete the enclosed Request for Final
Payment form ancl return to our office. We will then process your final payment.
. Thank you for your assistance in this matter. If you have any questions, please call
Bobby Stevens at (404) 679-4943.
t/e1Y, ,
C\~l.
Laura 1. MeadUws
Commissioner
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Enclosure.
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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
, ~. :~"ADD TO
APPROVED
JUL 1 5 1997
A G E N D A. (AUGUSTA.RICHMOND~O,U.NTY C.OMMISSIONl
AGENDA ITEM , ,: ",...
. TO: t1/d-.IC\..., C-c-~ ~NYERS .;. ~<:.,.
MEMBERS OF COMMISSION ." ,'.
FROM:
CHARLES R. OLIVER, ADMINISTRATOR
DATE:
JUNE 27, 1997
SUBJECT:
GIRANT FROM GEORGIA DEPARTMENT OF COMMUNITY
AfFAIRS TO FUND AUGUSTA AREA GENEALOGICAL SOCIETY
CAPTION:
Ratify Grant from Georgia Department of Community Affairs
in the amount of $26,250 and authorize disbursement to
organizations.
BACKGROUND:
A Grant was approved. by the Georgia Department of
Community Affairs in the amount of $26,250, with
Augusta-Richmond County to oversee the admini~tration of
the Grant, which is to be used to fund the operation of the
Augusta Area Genealogical Society.
ANAL YSIS:
Weare responsible for monitoring this Grant and certifying
to the Georgia Department of Community Affairs that the
Local Assistance Grant shall be used to fund the operation
of the Augusta Area Genealogical Society.
FINANCIAL
IMPACT:
None. Pass-through Grant only.
AL TERNA TIVES:
We could refuse to monitor this Grant and the Augusta
Area Genealogic~.ISociety would lose out on the funding.
. . .
RECOMMENDATION:
We recommend that Augusta-Richmond County ratify Grant
from Georgia Department of Community Affairs in the
amount of ~26,250, and disbursement to the ~ugusta Area
Genealogical Society.
DEPARTMENT
DIRECTOR:
. .
FUNDS ARE AVAILABLE IN.THE
FOLLOWING ACCOUNTS:
COUNTY . . '..
ADMINISTRATOR:~ K.. ~..
k.lt<6/~l
N 'Pr-
/ .
FINANCE:
COMMllTEE ACTION:
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Pay to the Order of
Pay Exactly
OS/22/97
Check Date
_STATE OF GEORGIA
DE~<\RThlENT OF COMMUNITY AFFAIRS
.~ ATLANTA, GEORGIA 30329-2231
00028842
64-1
610
Check No
AUGUSTA-RICHMOND CO
530 GREENE STREET
System No: 00031140
Vendor No: 582204274 003 .
TWENTY-SIX THOUSAND TWO HUNDRED FIFTY AND NO/100 ***********
. '$26;250.00'
Void after 60 days
gtctl~
WACHOVIA BANKOFGEORGIA,N.A.
11.000 288 L. 211. 1:0 b ~oooo ~ol: 07 0 ~ 7 L. ~ 511.
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............................................................,... ..................................................................................,........ ....................................................
Office of the Administrator
Room 801 . City-County Bldg (11)
530 Greene Street
Augusta. Georgia 30911
(706) 821-2400 FAX. (706) 821-2819
Charles R. Oliver, PE CPA
Administrator
MEMORANDUM
TO: MR. A. B. McKIE, COMPTROLLER
FROM:
MR. CHARLES R. OLIVER, ADMINISTRATOR
bik
. SUBJECT: LOCAL ASSISTANCE GRANT 97-C-LBI98
DATE: JUNE 20, 1997
Enclosed is a check from the Georgia Department of Community Affairs in the amount of
$26,250. According to the grant agreement, these funds are to be used to fund the operation
of the Augusta Area Genealogical Society.
The agreement has been executed by the Mayor; consequently, I assume this was approved
by the Commission. However, I would suggest you check with the Clerk of Commission.
-
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If you have any questions or I can be of any assistance, please contact me.
CRO/mrk
Enclosure
cro/mckic(chcck)0620
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GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
Zell Miller
GOVERNOR
May 2;:3.1 1997
Honorable Larry E. Sconyers, Mayor
AUgJ1sta-Richmond County_
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Sconyers:
. Enclosed is the first payment in the amount of $26,250 under Local
Assistance Grant 97-C-LB198 to Augusta-Richmond County. Also enclosed is
a copy of the executed contract for your files.
If you have questions, feel free to call me.
--J1:1)ja
Eiic10sures
*
.'w.
60 Executive Park South, N.E.. Atlanta, Georgia 30329-2231 · (404) 679:-4940
An Equal Opponunity Employer
..~
EQUAl. HOUSING
OPPOR"T\INITY
Recycled Paper
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Grant No: 97-C-LB198
STATE OF GEORGIA
DEPARTMENT OF COMMUNITY AFFAIRS
AGREEMENT FOR THE GRANTING OF STATE FUNDS
THIS AGREEMENT is. entered into this 6th day of May.J.997, by and between the
Department of Community Affairs of the State of Georgia, (hereinafter referred to as the
"Department") and Augusta-Richmond County, (hereinafter referred to as the "Recipient").
WHEREAS, the State of Georgia is interested in the promotion of the health and welfare of
its inhabitants; and
WHEREAS, cooperative efforts of the stai:e and local governments are beneficial to the
citizens .()f Georgia; and .
WHEREAS, Section 50-8-8 of OCGA provides thatthe'L>epattment may grant and
.administer funds for the purposes specified therein; and
WHEREAS, certain funds were appropriated by the General Assembly for the purposes set
forth hereirr,''M1d
WHEREAS, Recipient warrants that it has the authority to expend monies for the purposes
set forth herein:
NO\V THEREFORE, in consideration of the covenants and agreements contained herein,
the parties hereto agree and covenant as follows:
1. Scope of Project. Department agrees to grant, and the Recipient accepts, the sum of
$35,000 to be used by the Recipient-for the purposes as specified in Attachment A, which is
incorporated by reference and made a part of this Agreement.
. 2. Accountabilitv. The Recipient agrees to expendthe funds specified herein for the
purposes stated, and to account for the funds in accordance with generally accepted accountin.g
principles. Any funds not expended for purposes provided for in this Agreement shall be. returned
to the Department. . .
3.. Payment Schedule. . Subject to the availability of funds for such programs, the
Department agrees to pay the Recipient in accordance with the following payment schedule:
$26,250
Within ten days of the Department's receipt of the executed
contract;
$ 8,750
Upon certification by the Recipient that the project has been
completed in accordance with the provisions of tilis Agreement.
$35,000
Total
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Grant No: 97-C-LB198
4. Hold Harmless Obligations. (a). The Recipient shall hold the Department, its
agents and employees, harmless from and shan defend it against any and all claims resulting from
01: arising out of the grant, including, without limitation, damage claims for injury to persons or
property.. (b.J. The Recipient has submitted an application for the funds herein, and expressly
acknowledges that the Department, its ag~ and employees, in passing through such funds, has
. neither assumed nor undertaken any legal duties to the Recipient or others. The Recipient agrees to
make no claims or demands against the Department, its agents or employees, for any damages that
may result from or arise out of the" disbursementM the-funds hereunder, even if siichclaims or
demands are made against the Recipient.
5. Conflicts of Interest. The undersigned Recipient hereby attests that all of the
officials of the Recipient have certified that they have not violated any applicable conflict of interest
law under either state law (O.C.G.A. SS 45-10-20 -- 45-10-28 and 36-67A-l -- 36-67A-4) or
under any local ordinance, charter, rule or regulation and that they shall comply with same
throughout the term of this Agreement.
6. Monitoring and Audits. Upon request, the Recipient agrees to provide the
Department with any information the Department deems necessary to monitor performance of this
contract, and further agrees to give the Department or the State Department of Audits the right to
audit all records related to this contract.
7. Open Meetings. The Recipient certifies that in approving this Agreement, it has
complied with the requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated
regarding open meetings. ..
IN WITNESS WHEREOF, the parties have executed this agreement as of the date first stated
above.
AUGUSTA-RICHMOND COUNTY
STATE OF RGIA
DEPARTMENT OF COMMUNITY AFFAIRS
STAT F GEORGIA
B
BY:
AITESTJIJ1~$/4,<
ATIEST:
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Grant No: 97-C-LB198
ATTACHMENT A
The Local" Assistance Grant shall be used by Augusta-Richmond County for the operation of the
Augusta Area Genealogical Society as outlined in the application for Local Assistance Grant funds.
. .~. ,
3
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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
MEMORANDUM
TO:
Ms. Donna Williams, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
September 4, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $390,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
ORGANIZATIONS
Au usta Pia ers
Au usta Recreation De t.
Beulah Grove Resource Ctr
Au usta Youth Center
Au usta Mini Theater
Au usta Museum of Histo
Au usta Youth Center
Beulah Grove Resource
Ce"nter
Beulah Grove Resource
GRANT NUMBER
02-C-L-48
02-C-L-128
02-C-L-132
.02-C-L-171
.02-C-L-533
02-C-L-557
02-C-L-609
02-C-L-740
AMOUNT
$25,000
$ 5,000
$15,000
$10,000
$250,000
$25,000
$5,000
$35,000
02-C-L-751
$20,000
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
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STA TE OF GEORGIA
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this ~ay of June, 2001, 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");
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:
I. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION
accepts" the sum of $250,000.00 (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,
A UGUST 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
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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
I ights, 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
ri
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. 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
maintai.n proper and accurate books, records and accounts reflecting its administration ofthe 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 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
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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, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The
ORGANIZA nON 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 ifsuch 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. ~ 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
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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 offaith," "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 in<)uiry 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 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.
4
"
. -..
13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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.
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:
AUfutTA. ~EORGIA
~\1~
T' As its May
ATTEST:
AUGUSTA MINI THEATER
ORGANIZA nON
I}.y"~ ~~
As Its
Sworn to and sU,b)Cribed
o e e this L.tL.- day of
2001,
tary Pub I'
My Commission. E.xpirles"~",nh' Georgia
Notary PUbliC, ,\11.;11" ,'-, .... '~,,- ')'
..., C:Jrnm1c:c:inn FX9ires Dec. 27. 2003
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Grant No. 02-C-L-553
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 2nd day of July, 2001, 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. !350-8-8 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 r~quisite 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 $250,000 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:
$250,000
Within twenty days of the Department's receipt of the executed
Agreement.
$250,000
Total Disbursement
4. Applicable Dates. The effective date of this Agreement is specified on page one.
~.
Grant No. 02-c...L-553
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 1345-10-28 and O.C.G.A. 1336-67A-1 through 1336-67A-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 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
confonllance with all applicable laws to make this Agreement and actions hereunder valid, enforceable
and legally binding acts of the Recipient.
7 a. Monitorinl! and Auditing. Upon request, the Recipient agrees to provide the
Department with any infonnation, 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 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 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. 02-c...L-553
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. 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. Cityof 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 otherwords 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
Gr.ant No. 02-c...L-553
Page 4 of 5 ,
IN WITNESS WHEREOF, the parties hereto ha:ve executed this Agreement as of the date first written
above.
FOR THE DEPARTMENT OF COMMUNITY AFFAIRS
By:
By:
Federal Employers ID Number:
5g--- ;)-2iJ'f 0;-71
Attachments: Exhibit A, "Scope of Services" .
,4.
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Grant No. 02-c...L-553
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.
. 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 illusqations 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.
,.,
I . 1- 1 . ! - . -
Augus~a'!~ic~mond ~unty -
Fin~n~~~~Fpart~ent
Memo
To: State Grant Recipient
From: AI Denis, Grants Maf)ager
CC: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
In accordance with grant agreement O,2,..--C-L-S13, it is acknowledged that upon
request the Recipient agrees ~o provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have b~n accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation of fund usage or a copy of an
audited financial statement whic~ includes expenditures of Agreement funds.
Na~.......... q 'J.~ TelePhoneNo./Ofr1JJ,.o~1~
(Please print)
Address t.f?~~J1, ~Gf}- 3tJfl)I
I
. Page 1
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 7, 2001
Mr. Tyrone Butler, Executive Dire~tor
Augusta Mini Theater .
430 8th Street
Augusta, Georgia 30901
Dear Mr. Butler:
Enclosed is a check in the amount of $250,000 representing total payment of your
FY2001-2002 State of Georgia appropriations through the Georgia Department of
Community Affairs Local Assistance Grant Program along with a copy of your grant
agreement.
If I can be of further assistance, please feel free to call.
Enclosures:
AUGUSTA-RI,CHMqND COUNTY COMMISSION
060857
DESCRIPTION '.". ... P.O,.NUMBER . INVOICE NUMBER INVOICE.AMOUNT . , NET-AMOUNT
IUOCAL ASSISTAN"CE GRANT 090401 250,000.00 0.00 250,000.00
CHECK NUMBER CHECK DATE . TOTAL INVOICES DISC TOTAL CHECK TOTAL
060857 09/06/01 250,000.00 0.00 250,000.00
".-',
,,-.'.
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'!ii".1\~fill~f::
:FIRSTiuNloN,NA'nONAL:.BMJK(;' .
,t\UGUSTA(.GEORGIA..
',"'>V',l,.!
,~. .-
II- 0 b 0 8 5 7 II- ': 0 b . 0 0 0 2 2 7 I: 2 0 8 0 0 0 0 7 0 2 8 7 b II-
GEORGIA DEPARTlVIENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
August 30, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check in the amount of $390,000 representing payment for the following Local
Assistance Grants:
Grant No. 02-C-L-48
Grant No. 02-C-L-128
Grant No. 02-C-L-132
Grant No. 02-C-L-I71
Grant No. 02-C-L-553
Grant No. 02-C-L-557
Grant No. 02-C-L-609
Grant No. 02-C-L-740
Grant No. 02-C-L-751
$ 25,000/l-t6fLg'J9-~t~ ees
$ 5,000 ~l&-~e-+-1fW:1c.t t*~t.
$ 15,000"&-""U64-H-6.4?o/ltr
$ 1O,000-Au6tlSrA- !/tU-nJ ife
$250,000 /l)/ff/ r'rle-71-r.l!c-
$ 25,000 1f:u~Cl..S7Y1- /!lt1S8.N,t DF fhsrabj
$ 5,000 -4uC"1 t{frfl- V/cN.rN- CT~
$ 35,000I3eu~6idVe:-
$ 20,000 6 taM;:- ~~ ecE C"re
Also enclosed are copies of the. executed contracts 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 reporting 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,
..~ M;I~
Jim Higdon
Conunissioner
JH/j a
Enclosures
eaUAL HOUSING ~
OPPORTUNITY L.:J
60 Executive Park South, N.E. · Atlanta, Georgia30329-2231 · (404) 679.4940
www.dca.state.ga.us
An Equal Opportunity Employer
@ Recycled Paper
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 9, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Mayor
Augusta/Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
I am pleased to advise you that $250,OOO.in Local Assistance funds for Augusta/Richmond County
has been included in the Fiscal Year 2002 State Budget. The attached contract when executed commits
state funds to contract for services with the Augusta Mini Theater.
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, 1 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 full 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.
JHJja
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
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
.JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUIILKE, JR.
STEPHEN Eo SHEPARD
MARION WILLIAMS
BOB YOllNG
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.\JS
GEORGE R. KOLB
Administrator
WM. "WILLIE" H. MAYS, In
Mayor Pro Tem
MEMORANDUM
To:
AUGUSTA MINI THEATER
From:
Jim Wall
Date:
June 5, 2001
The. Attorney General issued a Memorandum to Jim Higdon, Commissioner of Commun'ity
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 priv~te 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 gnmt 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. Accordi,ngly, I have included a certification that your
organization is not "organized out ofbelief 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.
J have attached two copies of the contract, 'since we must provide OIie copy to DCA. The
. remaining cop,y is for the City's recOI:ds.
Please execute both copies of the contract in orderthat they may be returiled to me. Further, if
you should have any questionsconcerning,either the scope of services or the certification, please call me.
;;-_.
Office of the Mayor
Bob Young, MaY~)r
June 14, 2001
Honorable Jim Higdon, Commissioner
Georgia Department of Community Affairs
60 Executive Park South, N.E.
Atlanta, Georgia. 30329
Dear Commissioner Higdon:
Room 806, Municipal Building
530 Greene Street, Augusta, GA 30911
(706) 821-1831 - FAX (706) 821-1835
E-mail: mayoryoung@co.richmond.ga.us
Enclosed is the following executed DCA Agreement along with an executed Grant
Agreement between Augusta,. Georgia and Augusta Mini Theater:
I Augusta Mini Theater
I $250,000
.1
As always, we appreciate your Department's continued assistance in the administration of
Augusta's grant awards.
,;
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
June 13, 2001
Mr. Tyrone Butler, Executive Director
Augusta Mini Theatre
430 8th Street
Augusta, Georgia 30901
Dear Mr. Butler:
Enclosed is a Grant Agreement between Augusta, Georgia and the Augusta Mini
Theater for grant award in the amount of $250,000 from the Georgia Department of
Community Affairs. Please execute the agreement on behalf of the Augusta Mini
Theater and the audit release form and return promptly to my attention.
Should you have any questions or need any additional information, please feel free to
call me at (706) 821-1820.
~iil~
Clerk of Commission
Enclosure:
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7
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Grant No. 01l.-C-LB12
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 3rd day of May 2001, 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 $250,000 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 sCQedule:
$250,000
Within twenty days of the Department's receipt of the executed
Agreement.
$250,000
Total Disbursement
4. Applicable Dates. The effective date of this Agreement is specified on page one.
;~
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Grant No. Ol-C-LB12
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 ~45-1O-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 tenn of this Agreement. Additionally, the
Recipient attests that all officials of the Recipient have certified the same.
6. Enforceable and Lel!allv 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 herel,lnder 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 ~ccounts 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.
~,iilf<<li~ii~li'il~~1l~;;~ti~~liljI111',~i~
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.
.
t
.~-
Grant No. 01-C-LB12
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 "comprehensiv~
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. 01-c...LB12
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 ~
FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS
By ~ A\,~
DCAl Commissioner
Mayor
Federal Employers ID umber:.
5g-~~;).()tf;21f
Attachments: Exhibit A, "Scope of Services"
:;<
~1
~.
!-.
Grant No. 01-C-LB12
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.
. 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 substaritial 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.
- .'
STA TE OF GEORGIA )
RICHMOND COUNTY.) GRANT AGREEMENT
THIS AGREEMENT, made and entered into this -!i/!!day of June, 2001, 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");
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:
I. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION
accepts, the sum of $250,000.00 (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
perfonn the following services, which AUGUST A has determined renders a substantial benefit to its citizens, to wit:
To provide art programs and facilities.
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
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. 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 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 ofthe Funds and compliance with
all applicable laws. Such documentation shall be retained for at least three years from the completion of said project
and shaIl be made available to AUGUSTA upon request. ORGANIZATION further agrees that an accounting of these
Funds shaIl 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 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 AUGUST A, 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 inthis
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,
employ.ees 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 9RGANIZATION 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 ORGAN"IZA TION 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.).
ORGANIZA l'ION 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 underg 50 1 (c) of the Internal
Revenue Code.
8. ORGANIZA TION 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 jfthe 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
(I 982). "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 Qictionary 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 defined
above.
10. AUGUSTA 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,
ORGANIZA TION 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.
4
'...
13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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.
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
::G~~IZATI~
As its ~
AUG
~
ATTEST:
Title:
Sworn to and subscribed
before me this _ day of
, 2001.
Notary Public
My Commission Expires:
5
I I -I. 1 co', .
-.Aug~Ricbmond CoUnty -
finance. Department
, I -I. I ' i
Memo
To: State Grant Recipient
From: AI Denis, Grants Manager
CC: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
In accordance with grant agreemen~r-' -C-LB-:tet, it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") deems
necessary to monitor performance .of this Agreement. The Recipient agrees to
main.tain 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
ReCipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of projectfunds, whether based on an audit report, financial
statement, project completion 'report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings.,are resolved to the satisfaction of the 'Grantor.
Within 90 days of receiptof state funds, the department will contact you and a time
will.be arranged in which to review documentation offund usage or a copy of an
audited financial statement which includes expenditures of Agreement funds.
Nam~~ q .;B~--> TelePhoneNo./O.(r1~.05""1~
. (Please print) ~ .. A .
Address~30 .~Sr.Wl16,(,.,If ~tJqol
. Page 1
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 13, 2001
Mr. Tyrone Butler, Executive Director
Augusta Mini Theatre
430 8th Street
Augusta, Georgia 30901
Dear Mr. Butler:
Enclosed is a check in the amount of $250,000 representing total payment of your 2000-2001
State Budget Appropriations that was awarded to your agency through the Supplemental State
Budget along with a copy of the Grant Agreement between your agency and the City of Augusta.
If I can be of further assistance, please feel free to contact me.
Enclosure:
Check
. . . .
AUGUSTA-RICHMOND COUNTY COMMISSION
059179
.': y.': . .'.;,..;QESCRIPTiION:..' ...... ..:., >< P,O.NUMBER. '"INVOICE NUMBER ,': :..:,A;dNVOICE'AMOUNT::. .<< . ,NETAMOUNT'. .. .,.
t;RANT 01CLB12 250 , 000 00 0 00 250 , 000 00
-
,_. - . - . .. ...- .- - - -
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
059179 08/10/01 25'0 , 000 00 0 00 250 , 000 00
1110 5 g 1. 7 g III I: 0 b 1. 1. 0 1. 1 7 5 I: b a lO 1. lo a 1 g loIII
p"i,exiictly,
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.t;~.' . , ,!/~;~~~~~~> .~};:. }A'\~::~:::~, j:i> .i;1~;:" :.:~::':IfJ~\:~: ::." {~~ \'~'f\~.,:,
.." 1 \!". .... .'".... ...,' ,,;\., ...., .,.", .,'~_~ ,~./ I" ,,'....: ""~., :l),;-t
~~H.V;IAij~~:t'; ;::, ,'!:?~1~;~?f[d~; ::.;,;~::: ,: :;i;, ':;1~;'~'~
....<'J1i.~..,t.\,'t>~..."~ '4,l.~'IC~;!~~~l; ~~:.'~~"'~'1l:\JI;,'W""~'""'Y.ti~ii:lI~"I"?~~~:I<~..im t..~\I""_.~.";tIlS(o;.;.;l,O.,!~Q;l'f!.~..~~~\
. .,',. ....
: . '.: -: ;,,' .
,-:<:.::~
. _ STATE 0F GEORGIA .,
DEPARTMENT:. OF COMMUN,HYA.F.FM.RS?:",';.: '. '.. Check No:".
..::......Check Date: ,.
. Check:Tot~l:"
.UtANf.A;:. Gk
':P~ge 001. OF 00.1
. Vendor No: 0000013727'
. . Vendor Name:. AUGUS,TA-RICHMOND. COUNTY
INVOICE
NUMBER
01-C-LB12
98-C-LB183:,
07/23:/2001.
07/20/200.1:. ,.
000027223.
000027.19,T
. . .
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".000001.. g S? *,,0 1:0 b .0000 *01: O? 0 * 7
1.. b 5 ".
.
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
Roy E. Barnes
GOVERNOR
August 2,2001
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check m the amount of $262,500 representing payment for the following
Local Assistance Grants:
Grant No. 01-C~
Grant No. 98-C-LB183
$250,000
$ 12,500
(final payment)
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 reporting 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,
~H#~
Jim Higdon
Commissioner
JHJj a
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
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
Roy E. Barnes
GOVERNOR
May 3, 2001
Honorable Bob Young, Mayor
Augusta/Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
I am pleased to advise you that $250,000 in Local Assistance funds for Augusta/Richmond County
has been included in the Amended Fiscal Year 2001 State Budget. The attached contract when executed
commits state funds to contract for services with the Augusta Mini Theater.
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
both copies to me by May 31, 2001. I will then sign for the Department and return a copy to you along
with a check representing the full 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 and Augusta-
Richmond County in the administration of this grant. If you have any questions, please feel free to call
Bobby Stevens at 404.679.4943.
JHJja
Enclosure
cc: Richmond County Legislative Delegation
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
.. .;
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMESB. WALL
CITY A TIORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR.
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
MEMORANDUM
GEORGE R. KOLB
Administrator
WM. "WILLIE" H. MAYS, III
Mayor Pro Tern
To:
AUGUSTA MINI THEATER
From:
Jim Wall
Date:
June 7, 2001
The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community
Affairs, on August 17, 1999 addressitig 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 onlywheil 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 celtification 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 paragr~ph 3. -
I have attached two copies of the contract, sll1ce we must provide one copy to DCA. The
remaining copy is for the City's records.
. Please exec lIte both copies of the contract in order that they may be retuf'lied to n1e. Further, if
you should Ilave any questions cOl1cerningeither the .scope of services or the certification, please call me.
~
STATE'OF GEORGIA GRANT CERTIFICATION FORi\1
,
As required by House Bill 1364 of tile 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 Certificat~on Form(s) should be submitted to the
State Auditor with one copv 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 form should be used for
each 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
2~4 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 mclude 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 perform an
audit or perform 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 eng.agement in accordance with the
standards for examination engagements for compliance attestation contained in the Codification of
Statements on Standards for Attestation Engagements.
7. This form 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
Fonn, 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@rnail.audits.state.ga.us
.'
~
. STATE. OF GEORGIA GRANT CERTIFICATION FORLvl
A Local Government
B Information For Year Ended
I
,
C State Awarding 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 correc!. 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 w~ made. I understand that failureto 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
I'
Indeoendent Accollntant's Reoort
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 [or:each of the following grant award(s):
[Individually identify each grant award of governor's emergency funds and/or special
project appropriation.]
Management is resp~nsible for [name of government]'s compliance with this requirement. Our
responsibility is to 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 of government]' 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.
.t
o
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:
Honorable Jack Connell, Speaker Pro Tern
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
September 7, 2001
SUBJECT: Fiscal Year 2002 Local Assistance Grant Awards
As you requested in your memorandum dated May 11, enclosed are the following grant
awards representing total payment of their FY2001-2002 State of Georgia
appropriations through the Georgia Department of Community Affairs Local Assistance
Grant Program along with a copy oOheir grant agreement:
ORGANIZATION GRANT NO. AMOUNT
Auqusta Plavers 02-C-L-48 & 591 $35,000
Golden Harvest Food Bank 02-C-L-390 $25,000
Harrisburg West End 02-C-L-559 $25,000
NeiQhborhood Assoc. Inc.
Laney Museum 02-C-L-558 $25,000
AUQusta Museum 02-C-L-557 $25,000
If I can be of further assistance, please feel free to contact me.
t
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
MEMORANDUM
TO:
Ms. Donna Williams, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
September 4, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $390,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:. .
ORGANIZATIONS GRANT NUMBER . AMOUNT
Augusta Players 02-C-L-48 $25,000
Augusta Recreation Dept. 02-C-L-128 $ 5,000
Beulah Grove Resource Ctr 02-C-L-132 $15,000
Auqusta Youth Center 02-C-L-171 $10,000
Auqusta Mini Theater 02-C-L-533 $250,000
Auqusta Museum of History 02-C-L-557 $25,000
Auqusta Youth Center 02-C-L-609 $5,000
Beulah Grove Resource 02-C-L-740 $35,000
Center
Beulah Grove Resource 02-C-L-751 $20,000
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
~
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STATE OF GEORGIA )
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of June, 2001, between AUGUSTA,
GEORGIA, a political subdivision of the State of Georgia, acting by and through the A ugusta-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 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;
J
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement
between the parties, it is agreed as follows:
I. 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 and to provide the Artreach Theater Program.
AUGUSTA has the power toperf6rm 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
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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
I
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, 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 oftheir 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 ofthese
Funds shall be included in the next regularly schedyledaudit 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 AUGUST A documentation of Fund use or a copy of audited financial statements until all expenditures of
2
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the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved findings of
AUGlJST 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, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The
ORGANIZATION agrees to make no claimsordemands 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 acknowledg.es 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. ORGANIZA TION certifies that it is a tax exempt entity under 9 501 (c) of the Internal
Revenue Code.
8. ORGANIZATI()N 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
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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 irriportance in the life of a community or society." The American Heritage Dictionary Second College Edition
666 (1982). In other words the grant recipients may no~ 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. Ifat the time of termination, any funds under this Agreement have not been
disbursed to the ORGANIZA nON, 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 te~minate 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 ORGANIZA nON shall refund or
reimburse to AUGUSTA any monies paid plirsuant to this Agreement.
12. All. claim~, disputes and other matters in question between the AUGUSTA and
ORGANIZA TION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior
Court of Richmond County, Georgia. ORGANIZA nON, 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.
4
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13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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.
/.. 9tH 6Jt.t=EJtJe S TA~t:7
i:6'1~,19~~ (~91J1
, -
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
ORGA~ATION
By:l_ ~~~
As it . ~ '1~~Ib~
ATTEST: ~~ ~
Title: tf L
Sworn to and subscribed
beti e me thi~day of
'c,...L , 2001.
AUG ST
~y:
fJbV
~
Notary Public
My Commission Expires:
. -kltal')' rfuf:io. ~:~.r.(,l:. :~;;ldlt)', Goor~
'flJ ~i&l,EXplres Dec.. 14. 20011
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Grant No. 02-C-L-48
Page 1 of 5
STATE OF GEORGIA
COUNTY OF DEKALB
STATE OF GEORGIA
DEPARTMENT OF COMMUNITY AFFAIRS
AGREEMEfiT FOR GRANTING OF STATE FUNDS
THIS AGREEMENT entered into this 2nd day of July. 2001. by and between the Department of
Community Mfairs of the State of Georgia (hereinafter referred to as the "Department") and Augusta-
Richmond County. a political subdi'1sion 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 $25.000 to be
used solely for the purposes specified in the attached Exhibit A, which is incorporated herein by
referenc;e 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.
i
Grant.No. 02-C-L-48
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 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 Auditinl!. Upon request. the Recipient agrees to provide the
Department with any infonnation. 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 stafements 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 tennination. any funds under,
this Agreement have not been disbursed to Recipient, said funds shall be retained by the Department.
"'"'
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Grant No. 02-C-L-48
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" anq "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 AmeIican HeIitage 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]
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Grant No. 02-C-L-48
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- ;;);;J.. tJ '1~ 7 cj
Attachments: Exhibit A, "Scope of Services"
FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS
By:
i'
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Grant No. 02-C-L-48
Page 5 of 5
..
EXHmIT A
The Local Assistance Grant shall' be used by Augusta-Richmond County to contract with Augusta
Players to provide Artreach Theater 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 ofa 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.
--I---r---j-=--"-'~
. Au~~~~h~~~~.~unty.-
Finance Dep~rtment
I ~- T I
Memo
To:' State Grant Recipient
. From:AI Denis, Grants Manager
CC: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
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In accordance with grant agreement .M-C-L-!lK, it is acknowledged that upon
request the, Recipient agrees to provide the Department with any information,
docum~nts an~/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter, collectively "Grantor") 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved .findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact,you and a time
will be arranged in which to review documentation of fund usage or a copy of an
a. Ud. ited fina;1al statement which includes expenditures of Agreement funds.
Name.itle,t,1hl .f3I1///~/' TelephoneNo.1()t0~ 8r!;jh-~{)7
. Signature ~
(Please print) {/{/ Jjjj( J1 A 11 f111~ S"
Address111J / GR ~7VE '- C{7)f' FI7 /7;" ~ /1. ~ ~/ 6" /! ( q 119 IJ /
SUIIE 3tJ'i '
. Page 1
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMIVnSSIONER
August 30, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dea.r Mayor Young:
Enclosed is a check in the amount of $390,000 representing payment for the following Local
Assistance Grants:
Grant No. 02-C-L-48
Grant No, 02-C-L-128
Grant No, 02-C-L-132
Grant No, 02-C-L-l71
Grant No, 02-C-L-553
Grant No. 02-C-L-557
Grant No. 02-C-L-609
Grant No. 02-C-L-740
Grant No. 02-C-L-751
$ 25,000f}-a5tt<<;iJ-fJttl-q ees
$ 5,000 ~Te-~e+-I/My f1n.tt:..
$ 15,000&--U~ff-6~oV'G"
$ 1O,000-Ateitc'sTA- l/4(~ o--e
$250,000 /l)lffl r'4e:'71-7'A2c-
$ 25,000 .4u~ Cl.-S7'4 /fItfSBA IJ1 6F fhsrobj
$ 5,000 -4uc; t.{r~ 11dU.rt+ ere.
$ 35,00ol3eu~6id1Jf::-
$ 20,000 6t.aflr&=- ~tJJIe<:E ere
Also enclosed are copies of the executed contracts for your files.
Please also be a.ware 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,
~ ihi~
Jim Higdon
Commissioner
JHJja
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
060859
'. DESCRIPTION... " >. i.P,O, NUMBER..' '. ..INVOICE NUMBER' :INVOICE'AMOUNT< -, .. . ',,:NET>AMOUNL. '..
/LOCAL ASSISSTANCE GRANT 090401B 25,000,00 0.00 25,000.00
,
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
060859 09/06/01' 25,000.00 0.00 25,000.00
1110 bOB 5 gilD 1:0 b ~OOO 2 271: 20BOOOO 70 2B 7 bill
Page 001 OF 001'.
Vendor No: 0000013727
Vendor Name: AUGUSTA RICHMOND C.TY'. BD 0
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. -" '.' . STATE OF,GEORGIA
- DEPARTMENT OF COMMUNUY AFFAIRS'
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. 0000286,70
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000028675.'
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5',000.00
.15,000',00
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INVOICE.
NUMBER
I 02'-C-L~ 128
.02-C-L-132.:
/. 02-C - L - 171.,..'
02-C-L-48'
j 02-C-L-553.
02-C-L-557
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~
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
July 16, 2001
The Augusta Players, Inc.
Ms. Debbie Ballas
1301 Greene Street
Augusta, Georgia 30901
Dear Ballas:
Enclosed is a Grant Agreement and a Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant mon'ies.
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. Bonner,
Clerk of Commission
Enclosures:
f);)-C L -1 g/
..
.
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR.
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.RICHMOND.GA.US
GEORGE R. KOLB
Administrator
WM. "WILLIE" H. MAyS, III
Mayor Pro Tern
MEMORANDUM
To: '
AUGUSTA PLAYERS
From:
Jim Wall
Date:
June 5, 2001
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 furids 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 tothe 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 flinds, ,
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, smce we must provide one copy to DCA. The
remaining copy is for the City's records.
Please execute both copies of the contI-actin 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.
iC
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 9, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Mayor
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 2002 State Budget. The attached contract when executed commits
state funds to contract with the Augusta Players to provide the Artreach Theater 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 attelltion.
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
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full 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,
9t:n
Commissioner
J H/ja
Enclosure
cc: Richmond County LegiSlativ~;;~;, PL
ez!S
O:J-C~L-f~
eaUAl HOUSING ~
OPPORTUNITY L:J
60 Executive Park South, N.E. · Atlanta, eorgia 30329-2231 · (404) 679-4940
www.dca.state.ga.us
An Equal Opportunity Employer
* Recycled Paper
.9
STATE OF GEORGIA GRANT CERTIFICATION' FORM
-;.l
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
a",'arded to the local government. The Grant Certification Form(s) should be submitted to the
, State Auditor with one cPpy of the annual audit report. Questions concerning the preparation
and submission of this fOfm 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 fonn. Please note that one fonn should be used for
each grant from the governor's emergency fund or from a special project appropriation.
2. The appropriate officials should' sign arid date the section entitled "Certification of Local
Government Officials."
3. Attach Independent Accountant's Report.
4. Mail the Grant Certification Fonn (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 perfonned 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 tenns 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 perform an
audit or perform 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 form and the accompanying Independent Accountant's Report is required to be filed with the
state aud,itor in conjunction with the annual audit for each year in which grant funds are expended or
remain wlexpended' by the local government.
8. Questions concerning' the provisions of Hous~ 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@mai1.audits.state.ga.us
7'
STATE OF 'GEORGIA GRANT CERTIFICATION FORM
A Local Government
B Information For Year Ended
I
C State Awarding 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: '1 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
7
Indeoendent Accountant's Reoort
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 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.
t..
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 c.opy of the annual audit report. Questions concerning the preparation
and subr:nissioD 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 form 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 fmancial 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
accordapce 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 goverrunent'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 perform an
audit or perform 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 examinatiori engagements for compliance attestation contained' in the Codification of
Statements on Standards for Attestation Engagements.
7. This form 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 B1clha, 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.m:-
'l
STATE" OF GEORGIA GRANT CERTIFICATION FORM
A Local Government
B Infonnation For Year Ended
'.
.
C State Awarding 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. r 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 Fimmcial Officer
Date
- '.
?
[ndeoendent Accollnta,it's Reoort
We have examined management's assertion included in the accompanying State of Georgia
Grant Certification Form about [name of government]'s compl.iance 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 fQr:each of the following grant award(s):
[Individually identify each grant award of governor 's emergency funds and/or special
project appropriation.]
Management is resP9nsible for [name of government]'s compliance with this requirement. OUf
responsibility is to 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 estaQlished 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.
.'
/55dJ
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:
Honorable Jack Connell, Speaker Pro Tern
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
September 7, 2001
SUBJECT: Fiscal Year 2002 Local Assistance Grant Awards
As you requested in your memorandum dated May 11, enclosed are the following grant
awards representing total payment of ,their FY2001-2002 State of Georgia
appropriations through the Georgia Department of Community Affairs Local Assistance
Gr~nt Program along with a copy of their grant agreement:
ORGANIZA liON GRANT NO. AMOUNT
AUQusta Players 02-C-L-48 & 591 $35,000
Golden Harvest Food Bank 02-C-L-390 $25,000
Harrisburg West End 02-C-L-559 $25,000
NeiQhborhood Assoc. Inc.
Laney Museum 02-C-L-558 $25,000
AUQusta Museum 02-C-L-557 $25,000
If I can be of further assistance, please feel free to contact me.
..
Grant No. 02-C-L-559
Amendment #1
CONTRACT
By and between the
DEPARTMENT OF COMMUNITY AFFAIRS
And
Augusta-Richmond County
The agreement entered into as of the 2nd day of July. 2001. between the Recipient and the Department
i~sheF-eby ;..~nle!;ded 'l)Jr-<~!~?:.nging ,E-..":l-:-1L:it l\ tc read r,lS foll(i'.'/s:
"The Local Assistance Grant shall be used by Augusta-Richmond County for the Harrisburg Westend
Neighborhood Association to purchase food for the poor 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 !=>y 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 theSt~te from asserting noncompliance,
For the Recipient
For the Department
'10M
r MaD~
s. Commissioner
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Laura Meadows
COMMISSIONER
Roy E. Barnes
GOVERNOR
April 24, 2002
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street, Room 801
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a copy of the fully executed Amendment for Local Assistance Grant
#02-C-L-559 to Augusta-Richmond County.
If you have any questions, please call Bobby Stevens at (404) 679-4943.
:~:r::l~t~1~
Commissioner
UM/ja
Enclosure
..'.._(
" '., ("." .: ..::} -., ~', ',-':.
.[", } ~ '.~ .:, ::' '-
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
\~~~~
GEORGIA DEPARTMENT OF
, "
COMMUNITY AFFAIRS
Laura Meadows
COMMISSIONER
Roy E. Barnes
GOVERNOR
April 3, 2002
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street, Room 801
Augusta, 'Georgia 30911
Dear Mayor Young:
Enclosed is the contract amendment for Local Assistance grant #02-C-
L-559. Per your request, the language was changed in the Amended Budget
to better address the needs of your community.
Please sign both copies and return to our office. We will return a fully
executed copy to you for your files. If you have any questions, please contact
Bobby Stevens at (404) 679-4943.
~;~o~s1~
Commissioner
LJ:M/j a
Enclosure
'.., .'
......1
I ,.;.
60 Executive Park South, N.E. · Athinta, Georgia 30329-2231 · (464) 679-4940
www.dca.state.ga.us
An Equal Opportunity Employer
* Recycled Paper
EaUAL HOUSING ~
OPPORTUNITY L.:.J
AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE IlEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR.
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: lWALL@CO.RICHMOND.GA.US
GEORGE R. KOLB
Administrator
WM. "WILLIE" H. MAyS, ill
Mayor Pro Tern
MEMORA1'ffiUM
To:
HARRISBuRG WESTEND NEIGHBORHOOD ASSOC.
From:
Jim Wall
Date:
June 7, 2001
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 ins'ure 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.
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Laura Meadows
COMMISSIONER
Roy E. Barnes
GOVERNOR
April 3, 2002
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street, Room 801
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is the contract amendment for Local Assistance grant #02-C-
L-559. Per your request, the language was changed in the Amended Budget
to better address the needs of your community.
Please sign both copies and return to our office. We will return a fully
executed copy to you for your files. If you have any questions, please contact
Bobby Stevens at (404) 679-4943.
_~~~o~s1~
Commissioner
LJM/j a
Enclosure
, .' ~ ,
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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. 02-C-L-559
Amendment #1
CONTRACT
By and between the
DEPARTMENT OF COMMUNITY AFFAIRS
And
Augusta-Richmond County
The agreement entered into as of the 2nd day of July. 2001, between the Recipient and the Department
is hereby 3.mended by ch~..nging EX1'1ibit A to read as fallows:
"'The Local Assistance Grant shall be used by Augusta-Richmond County for the Harrisburg Westend
Neighborhood Association to purchase food for the poor 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.
For the Recipient
For the Department
Mayor
Laura J. Meadows, Commissioner
Grant No. 02-C-L-559
Amendment #1
CONTRACT
By and between the
DEPARTMENT OF COMMUNITY AFFAIRS
And
Augusta-Richmond County
The agreement entered into as of the 2nd day of July, 2001. between the Recipient and the Department
is hereby amended by changing Exhibit A to read as follows:
"The Local Assistance Grant shall be used by Augusta-Richmond County for the Harrisburg Westend
Neighborhood Association to purchase food for the poor 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 conduds 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.
For the Recipient
For the Department
Mayor
Laura J. Meadows, Commissioner
~ ~
, i
ST A TE OF GEORGIA )
RICHMOND COUNTY
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of June, 2001, 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 "0RGANIZA TION");
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:
I. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION
accepts, the sum of$25,OOO.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 sllch 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:
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o
Police and fire protection;
o
Garbage and solid waste collection and disposal;
~
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. 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
infonnation, documents and/or photographs that AUGUSTA, the State of Georgia, or any oftheir 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 AUGUST A documentation of Fund use or a copy of audited financial statements until all expenditures of
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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 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 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 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. 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. 9 50-18-70, et seq.).
ORGANIZA nON 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. ORGANIZA TION 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
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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. ORGANIZA TION 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 defined
above.
I o. 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 fOl1h 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.
4
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13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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 NEIGHBORHOOD ASSOC..
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,
HARRISBURG WESTEND NEIGHBORHOOD ASSOC.
ORGANIZA TION
B~((~jr~
~y
ATTEST:
Title:
Sworn to and subscribed
before me this.J'.;2.. day of
~d~ ,2001.
~l-4 ~
ary Pubh
N:lyCommi;'>,sion Expires:
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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
July 16, 2001
Rev. H.K. McKnight
Harrisburg Westend Neighborhood Association
1902 Fenwick Street
Augusta, Georgia 30904
Dear Rev. McKnight:
Enclosed is a Grant Agreement and a Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies.
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. Bonner,
Clerk of Commission
Enclosures:
.0(',.
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AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE. JR,
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. KaLil
Administrator
WM. "WILLIE" H. MAYS, III
Mayor Pro Tern
MEMORANDUM
To:
HARRISBURGWESTEND NEIGHBORHOOD ASSOC.
From:
Jim Wall
Date:
June 7,2001
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 o lit 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.
[ have attached two copies of the contract, smce 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.
: .!i'...
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Grant No. 02-C-L-559
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 2nd day of July. 2001. 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. 1350-8-8 to grarit 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 retumedto 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.
, .~
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Grant No. 02-C-L-559
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 appiicable 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 ~45c.l0-28 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 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. 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 r~lationship. 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.
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Grant No. 02-C-L-559
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 of LaGrange, 153 Ga. 428, (I922) (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. Iri 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 (I 982). "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]
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Grant No. 02-C-L-559
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:
Federal Employers ID Number:
5'?- :;:;;;;;y) t.( ~7 cf
Attachments: Exhibit A. "Scope of Services"
"
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Grant No. 02-C-L-559
Page 5 of 5
EXHmIT A
The Local Assistance Grant shall be used by Augusta-Richmond County to purchase food for the poor
in 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 DCAwill waive the requirement of compliance or
prevent the State from asserting noncompliance.
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_' ,Au9UStil:.JIi~l1m~p_~= County.-:
Finance ,D~partmerit .-
Memo
To: State Grant Recipient
From: AI Denis, Grants Manager
CC: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
In accordance with grant agreement ~-C-LG5cr, it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review documentation offund usage or a copy of an
audited financial statement which includes expenditures of Agreement funds.
"
Name J' Telephone No. !7tJ/.. ~93.-~fSr
Signature
(Please print)
Address
. Page 1
AUGUSTA-RICHMOND COUNTY COMMISSION
060557
DESCRIPTION P.O. NUMBER INVOICE. NUMBER INVOICE AMOUNT :NEFAMOUNT
/LOCAL ASST GRANT AWARD 02CL559 25,000,00 0.00 25,000.00
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
060557 08/31/01 25,000.00 0.00 25,000.00
[;~:~~;1"'L\W;;i~!~ii'~~iti'i
"lOb 0 5 5 7,,1 I: 0 b .. ~ 0 ~ :l 7 5 I: b 8 :l 0 ~ ~ 8 :l g ~ "I
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 9, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Mayor
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 2002 State Budg~r The attached contract w,hen executed commits
state funds to purchase food for the poor in Augusta. Ij~ff'~d'
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
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full 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.
JH/ja
Enclosure
cc: Richmond County Legislative Delegation
j:;)-CL--55i
EQUAL 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
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COl\1MISSIONER
August 22, 2001
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Roy E. Barnes
GOVERi'lOR
Enclosed is a check in the amount of $351,000 representing payment for the following Local
Assistance Grants:
~d III..uJOf<rd.orant No. 02-C-L-1l2 $ 21,000~rant No. 02-C-L-559
~5~;"'jf'~ ~Grant No. 02-C-L-131 $ 5,000 Grant No, 02-C-L-610
~~~ Grant No. 02-C-L-246 $ 10,000 Grant No. 02-C-L-617
&~d,;0JI1Iid Grant No. 02-C-L-288 $ 5,000 Grant No. 02-C-L-665
J:/j)jJ.i.Au ~ Grant No, 02-C-L-390 $ 25,000 Grant No. 02-C-L-736
tM'1t~ Grant No. 02-C-L-558 $ 25,000 Grant No. 02-C-L-772
Also enclosed are copies of the executed contracts 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 I, 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.
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,
~~
Jim Higdon
Commissioner
JHJja
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
Office of The Clerk of com~n
~
'.
Lena J. Bonner, CMC
Clerk of Commission
Room 806 - Municipal Building
530 Greene Street - AUGUSTA, GA. 30911
(706) 821-1820 - FAX (706) 821-1838
Nancy Morawski
Deputy Clerk
MEMORANDUM
TO:
Ms. Donna Williams, Interim Finance Director
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
August 24, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $351,000 from the Department of Community
Affairs. Please issue Augusta-Richmond County checks to the following Local
Assistance Grant recipients:
GRANT NUMBER
02-C-L-112
02-C-L-131
02-C-L-246
02-C-L-288
AMOUNT
$21,000
$ 5,009._,..."..
$10,OC}
$ 5,000
$25,000
$25,000
$25,000
$25,000
$100,000
02-C-L-390
02-C-L-558
02-C-L-559
02.:.C-L-610
02-C-L-617
02-C-L-655
$50,000
02-C-L-736
02 -C-L -772
$40,000
$20,000
As you know, these monies represent total grant award for each recipient.
Thank you.
Enclosure: Check
INVOICE
DATE
08/21/2001
08/21/2001
08/21/2001
08/21/2001
08/21/2001
08/21/2001
08/21/2001'
08/21/2001'
08/21/200,1-,
08/21'/2001
08/2,1/2001'
08/21./200 r
.:, I M. I t:. Vi ~cun\,;l'/"'\
DEPARTMENT OF COMMUNITY AFFAIRS
ATLANTA, GA
BANK 1100-1000
GROSS
AMOUNT
21,000.00
5,,000.00
10,000.00
5,000.00
25,000.00
25,000.00
25,000.00
25,000.00'
100,000.00
50,000,00
40,000.00
20,000.00
0.00
0.00
0.00
0.00
0,.00
0.00
0.00
0'.00:
0:.00
0::00
0.00:
0,00.'
21 ,000.00
5,000.00
10,000.00
5,000.00
25,..000.00
. ',25,000.00
'25,,000.00
.25,,000.00
100:,000;.00
. 50,000.00
.,'40'..000.00
20:.,000:..00
~..
,
Page 001 OF 001
Vendor No: 00lS0013727
Vendor Name: BOARD OF COMM ISS lONERS
Check No:
Check,Oate:
'Check Total:
0000050120
08/22/2001
$351,000.00
INVOICE
NUMBER
02,..C-L-112
02-C-L-131'
'02-C-L-246
02-C'- L- 28 8
02'-C - L -390
02-C-L-558
02-C-L-559
02-C-L-610
02-C-L-617
02-C-L-665
02-C-L-736
02-C-L-772
AMOUNT
PAID
000028473
000028476
000028474
000028466
.0000284'.72
..', 000028469
00002847'1',
000028467
000028468
000028478'.
.000028477
'000.028475
':~:J,j;, J';\ S:rAmEOFjt;EORG'IA: ,
',',. OEPAR:'!:MENT?OF COMMUN,I;TF;~F'FMR
~~~f 60 EXECUT:WE: PARK SOUTH" Ni:E..
'~~;fil'i~~;) ;~c~~~;jtt}~~:' .'~::~tO.~)~~~;;\
, ..~r;'l.'c.r"
t{,~f;1'
;,;.,;.~:~,f~~if
"""08/.22/200,1'
, Check balD'
{8!;m~;;h~~r:l~~~1~~l~!~1:~e~&,
P~~:Ex~cUY' THREE;;.'HUNDRED 'F;IFT.V:':ONE, THOUS:AN'O.
.,. :'.;__, - ~f'~~~~:!~';~:[,;:~ ,,' '>~;~i,~."~
::'OOOOOSO'120, "
.. :' .' Check No. .
V;1~~r ~;j~~~~'~i~,13.7 2 7
$351,000,00
,:''!.~',
. . ,.;."~~:~;:'~',.\,t; '.J ' :,.c-., ,>,':'.;~n' ;;N;~'~~";", ~',r';'
'''~om,:j;~:ff~i~::11;j;~';d~
:~'lt:;"'J;":" ~',:,",,~"~~:,;',i '."", : ',;, .~\(: .I':;i':;:~;i.':'';~:r.';o'IO'I~{)~~:/;~':~'''':;:I~~~:i~~~%:;:~1\:;~lr;i><:!'1.ri':.;~~~,":;~~7",,"?''J!';l::t"4:~j\,T;";'~~~~;'~'7~~;.:t~~;5.,,;,.t~a;;~'.')rI,n.,qJ:.'\~~~~;~'~~~~~~~1.'..ll,~,~l~~~':":j,;J"o";;:;~i'\~~.i:~-;..,~I:i~'Air~-;~~:i~i!.~;:~~:;;:~~;"~If;'i':'ltI;i~n";'T'~
11100000 50 ~ 20111 ':0 b ~OOOO ~O,: 07 0 ~ 7 ... b Sill
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 - Ft>:X (706) 821-1838
MElVIO RAND UNI
TO: Ms. Donna Williams, Interim Finance Director
FROM: Lena J. Bonner, Clerk of Commission
DATE: August 7, 2001
SUBJECT: Department of Community Mfairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $335,000 from the Department of Community Affairs.
Please issue Augusta-Richmond County checks to the following Local Assistance Grant
recipients:
ORGANIZATION GRANT NUl\tffiER GRA1~T AlVlOUNT
FORE AUGUST A Ol-C-LB34 $250,000
Shiloh Comprehensive 02-CL-l27 $ 5,000
Center
Neighborhood 02-CL-133 $ lO,OOO
Improvement Project
New Savannah Rd. Social 02-CL-245 $ 50,000
Services
Neighborhood 02-CL-742 ' $ 20,000
Improvement Project
These monies represent total grant award for each recipient. I'm enclosing a copy of a listing
from the Department of Community Affairs of the local grant recipients. Some recipients
received more than one grant award with appropriations from the House Budget and the Senate
Budget.
Thank. you for your continued assistance.
Enclosure:
Check & DCA LISTING
AUGUSTA-RICHMOND COUNTY COMMISSION
059352
'DESCRIPTION P.O, NUMBER INVOICE NUMBER INVOICE AMOUNT " ........,... . ....,:.::.:,::c"NETAMOUNT
pRANT 02CL245 50, 000 00 0 00 50, 000. 00
,.- - .. ~ ..
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
059352 08/10/01 50, 000.00 0.00 50, 000.00
1110 5 g ~ 5 2 III I: 0 b i. i. 0 i. ~ 7 5 I: b 8 ~ 0 i. L. 8 ~ g L. III
INVOICE
DATE
08/02/2001'
08/02/200'1
08/02/2001'
08/02/200:1
08/02/2001
STATE OF GEORGIA
DEPARTMENT OF COMMUNITY AFF~IRS
ATLANTA, GA
BANK 1100-1000,
GROSS
AMOUNT
250,000.00'
5,000.00
10,000.00
50,000.. 00:
20',000.00
, t.
Page 001 OF 001
Vendor No: 0000013727
Vendor Name: BOARO OF COMMISSIONERS
Check:No:
. Check Date:
'Check Total:
" "'\,'
0000049709.
08/03/2001,
'$335',000,00
01-C-LB34
02-C-L-127:
02-C-L-133
02-C~L-245
02-C-L-742:
000027824
000027843
000027838
, 0000278411
. '000027839
. AMOUNT
. PAID,"
250; 000'. 00,
, 5 00000'
10: 000 ': 00 "
.' 50" 000.. 00
20,000.00 ,
..... \..
;,I'II".':I.!
"8'/03 /2'6 0 1
Check OalD". ,
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~:,:.,.~,..,~~~!~.!ti~:~!Dgl~~iri;::~:OU~ANDJ;1N~'Dtll!fs
.' i.::e~:~'~i~'J"; ".'" ': ,_.;'>:.,.>'"j-.i,., '\'f~-,' . '\':-':,:,l~t.i:"f:"'-' - .""
c "::'l;l$:s~~lm;~;:oE1GECi~'GijAX','!jiJkh:'
DEPAR',TMEN,T," OF COMMUN!I,TY"'A'f'F.,A'IR""":'
, OIE>lECUT,tvE PARKSOU,TH[; N,\ E;..
, ;:1~t~J;~1~~'. ,,~~:30l~ls~~~~il( ,.
:~ .-:,.)
,;,'::.
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'(.~~.~..; . ~f',
",~~ : ',~
:'~-j,,\l
11100000 L. g 70 gill a:O b .0000 .01: 07 0.7 L. b Sill
. 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
August 13,2001
'Ms. Janet Leonard, Executive Director
New Savannah Road Social Services
537 Brandermill Road
Evans, Georgia 30809
Dear Ms, Leonard:
Enclosed is a check in the amount of $50,000 representing total payment of your 200 l-C-L 245
Local Assistance Grant Award for the New Savannah Road Social Services along with a copy of
the Grant Agreement between your agency and the City of Augusta,
If I can be of further assistance, please feel free to contact me.
Lena J. Bo er
Clerk of Commission
Enclosure:
Check
\'
,
':;';
Grant No. 02-C-L-245
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 2nd day of July. 2001, 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 authOlity 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 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. 02-C-L-245
Page 2 of 5
5. Conflicts of Interest. The Recipient warrants arid 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 ~45-10-28 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 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 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 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 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
retum 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. 02-C-L-245
Page 3 of5
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 Agreep1ent. 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. 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]
Grant No. 02-C-L-245
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written
above.
By:
MUNI1Y AFF AlRS
FOR THE RECIPIENT
By:
/
Federal Employers ID Number:
,5 g-- ;;>076 '/ c1 7~
Attachments: Exhibit A, "Scope of Services"
Grant No. 02-C-L-245
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 for a Multiple Purpose Community Center to accommodate
expansion of services 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 oLan
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,
'j
STATE OF GEORGIA
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this'-3 day of June, 2001, 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 NEW SAVANNAH ROAD SOCIAL SERVICES
hereinafter referred to as the "ORGANIZATION");
WIT N E SSE T H:
WHEREAS, the ORGANIZATION has submitted to the Georgia Depmiment of Community Affairs
and to AUGUST A a proposal to provide certain services as set fOlih 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:
I. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION
accepts, the slim 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
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 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
"
D Police and fire protection;
D Garbage and solid waste collection and disposal;
D Public health facilities and services, including hospitals, ambulance and emergency
rescue services, and animal control;
D 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;
D Parks, recreational areas, programs, and facilities;
D Storm water and sewage collection and disposal systems;
D Development, storage, treatment, purification, and distribution of water;
D Public housing;
D Public transportation;
D Libraries, archives, and alts and sciences programs and facilities;
D Terminal and dock facilities and parking facilities;
D Codes, including building, housing, plumbing, and electrical codes; or
D Air quality control
3. ORGANIZA TION fUlther 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 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 financial statement of AUGUST A and any future audits
or tinancial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to
provide to A UG UST A documentation of Fund use or a copy of audited tinancial statements unti I 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 repOlt, 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
ORGANIZA TION 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 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. 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 certi fies that it is a tax exempt entity under S 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 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 ofa 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 ccrtifics that AUGUSTA has made inquiry ofORGANIZA nON as
to whether it is "organized out of belicf in God or othcr supernatural bcings" and ORGANIZATION hcrcby
ccrtifies to AUGUSTA that it is not so organizcd and that it is not a religious ORGANIZATION as dcfined
above.
10. AUGUST A may terminate this Agreement, with or without cause, upon five business days
written notice to the ORGANJZA TION. If at the time of termination, any funds under this Agreement have not been
disbursed to the ORGANIZA nON, said funds shall be retained by the City,
II. In addition to the indemnification provision set fOlth in paragraph 4 hereof,
ORGANIZA TION 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
ORGANIZA TION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior
COUlt 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.
4
.!"
.
.
13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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 ANNAl-I ROAD 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,
NEW SA VANNAH ROAD SOCrAL SERVICES
ORGANIZA TION
By:~ J.-,/-L AA-el h\)
As its (... ,(.., 0
ATTE~l.._ _
Title: 1. VI/V V ---
AU
By:
< SW()].:rto and subscribed
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Aug~ta:aic:JjrP~~~~ ~untv-__
Finance Department-
Memo
To: State Grant Recipient
From: AI Denis, Grants Manager
cc: Tammy Strange
Date: 06108/01
Re: Monitoring and Auditing
~
In accordance with grant agreement ()j -c-L-1.4~, it is acknowledged that upon
request the Recipient agrees to pr~ the~artment with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
. Within 90 days of receipt of state funds, the department will contact you and a time
will be arranged in which to review doc entation of fund usage or a copy of an
audited financial statement which inclu es e enditures of Agreement funds.
; . j
.. Name' Telephone No. '1 d 1). 7 ~ V
Signature . ~
(Please print) : ~:;j ~ :'2:~ ~~ IX. n
Address Q c;' J (A /....:5..~ _ _~ _ --,-_~_I _ _~ Je-t Y
J' "
. Page 1
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
August 6, 200 L
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check Il1 the amount of $335,000 representing payment for the following Local
Assistance Grants:
Grant No. 02-C-L-12{
Grant No. 02-C-L-133 j
Grant No. 02-C-L-24Y..
Grant No. 02-C-L-742/
Grant No. 01-C-LB34V'
$ 5,000
$ 10,000
$ 50,000
$ 20,000
$250,000
Also enclosed are copies of the executed contracts for your files.
Please also be a ware 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.
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,
~do(4~
Commissioner
JH/ja
Enclosures
eQUAL HOUSING ~
OPPORTUNITY ~
60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940
www.dca.state.ga.us
An Equal Opporrunity Employer
* Recycled Paper
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COl\1MISSIONER
July 9, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Mayor
AugustaIRichmond County
530 Greene Street
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 2002 State Budget. The attached contract when executed commits
state funds to contract for services with New Savannah Road Social Services for Multiple Purpose
Community Center to accommodate expansion of services 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
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full 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,
~::n
Commissioner
JH/ja
Enclosure
cc: Richmond County Legislative Delegation
J d--Ct---2-~
eaUAL HOUSING ~
OPPORTUNITY L.:.J
60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 · (404) 679-4940
www.dca.state.ga.us
An Eaual Oooortl/lzirv Emolover
@ Recycled Paper
,....... '. i
,-
STATE OF GEORGIA GRANT CERTIFICATION FORLVI
As required by House Bill 1364 of tbe 1998 Session of the General Assembly, eacb grant of state
funds to a local government from the governor's emergency fund or from a special project
appropriation shall be conditioned upon tbe receipt by the state auditor of a properly completed
grant certification form. One Grant Certification Form should be prepared for each grant
awarded to tbe local government. The Grant Certification Form(s) should be submitted to tbe
State Auditor with one COPy of the annual audit report. Questions concerning tbe preparation
and submission of tbis fOfm 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 form should be used for
each 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 CP A 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 perform an
audit or perform 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 form 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@mai1.audits.state.ga.us
#'
'STATE OF GEORGIA GRANT CERTIFICATION FORM
A Local Government
B Information For Year Ended
I
C S tate 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 J)
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
r
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' resp~nsible for [name of government)'s compliance with this requirement. Our
responsibility is to 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 of government)' 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
July 16,2001
Ms. Janet Leonard, Executive Director
New Savannah Road Social Service
537 Brandermill Road
Evans, Ga. 30809
Dear Ms. Leonard:
Enclosed is a Grant Agreement and a Monitoring and Auditing Agreement between your
agency and the City of Augusta, which is needed for the disbursement of your Local
Assistance Grant Award from the Georgia Department of Community Affairs from the
Fiscal Year 2002 State Budget. This award was made possible to your agency through
the efforts of our local Legislative Delegation. Please execute both agreements and
return promptly to my attention so that the disbursement can be handled expeditiously
once we receive the grant monies.
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
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGIl
WILLIAM B. KUHLKE. JR.
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
WM. "WILLIE" H. MAyS, III
Mayor Pro Tern
MEMORANDUM
To:
NEW SA V ANNAH ROAD SOCIAL SERVICES
From:
Jim Wall
Date:
June 7, 2001
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, slllce we must provide one copy to DCA. The
remaining copy is for the City's records,
Please execute both copies of the c<;>ntract 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.
.. -..... t.
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
August 6, 200 I
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check Il1 the amount of $335,000 representing payment for the following Local
Assistance Grants:
Grant No. 02-C-L-12-('
Grant No. 02-C-L-133 j
Grant No. 02-C-L-24Y,.
Grant No, 02-C-L-742'" /
Grant No. 01-C-LB34V
$ 5,000
$ 10,000
$ 50,000
$ 20,000
$250,000
Also enclosed are copies of the executed contracts 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 repOlting 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, ,
~do(ttJ-
Commissioner
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 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 - Fft:/.. (706) 821-1838
MEMORANDUM
TO:
Honorable Charles W. Walker, Senate Majority Leader
FROM:
Lena J. Bonner, Clerk of Commission
DATE:
Augusta 31,2001
SUBJECT: Fiscal Year 2002 Local Assistance Grant Awards
Enclosed are the following grant awards representing total payment of their FY2001-
2002 State of Georgia appropriations through the Georgia Department of Community
Affairs Local Assistance Grant Program.
ORGANIZATION GRANT NO. AMOUNT
Neighborhood Improvement 02-C-L-133 & 742 $30,000
Koinonia Community 02-C-L-699 $50,000
Development Corp d/b/a/
East Augusta Learning
Center
Delta Leadership Proqram 02-C-L-772 $20,000
CSRA Transitional Center 02-C-L-131, 736 $45,000
National Legacy 02-C-L-617 $100,000
Foundation
CSRA Economic 02-C-L-655 $50,000
Opportunity
If I can be of further assistance, please feel free to call.
Picked up by /~ ~v/
Date ,9,4/Llcl/ r ~
/
Al)GU~T.A-R}CHMOND COUNTY COMMISSION
059351
'.' ' DESCRIPTION . .. "P,O.NUMBER ..,INVOICE NUMBER.. .INVOICE'AMOUNT .iNETAMOUNT
8 RANT 02CL133 10,000.00 0.00 10,000.00
GRANT 02CL742 20,000.00 0.00 20,000.00
- -- - , d, - -
~tp
/~/f
D)/C
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
059351 08/10/01 30,000.00 0.00 30,000.00
1110 5 g ~ 5 ~ III I: 0 b ~ ~ 0 ~ ~ 7 5 I: b a ~ 0 ~ 4 a ~ g 4 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
MEJVI ORAND UJVI
TO: Ms. Donna Williams, Interim Finance Director
FROM: Lena J. Bonner, Clerk of Commission
DATE: August 7, 2001
SUBJECT: Department of Community Affairs
Local Assistance Grant Awards
Enclosed is a check in the amount of $335,000 from the Department of Community Affairs.
Please issue Augusta-Richmond County checks to the following Local Assistance Grant
recipients:
ORGANIZATION GRANT NUl\tffiER GRAL'l'T Al"IOUNT
FORE AUGUSTA Ol-C-LB34 $250,000
Shiloh Comprehensive 02-CL-l27 $ 5,000
Center
Neighborhood 02-CL-133 $ 10,000
Improvement Project
New Savannah Rd. Social 02-CL-245 $ 50,000
Services
Neighborhood 02-CL-742 . $ 20,000
Improvement Project
These monies represent total grant award for each recipient. I'm enclosing a copy of a listing
from the Department of Community Affairs of the local grant recipients. Some recipients
received more than one grant award with appropriations from the House Budget and the Senate
Budget.
Thank. you for your continued assistance.
Enclosure:
Check & DCA LISTING
INVOICE
NUMBER
01-C-LB34
02-C-L-127
02-C-L-133
02-C-L-245,
,02-C-L-742
STATE OF GEORGIA
DEPARTMENT OF COMMUNITY AFFAIRS
ATLANTA, GA,
BANK 1100-1000
Page 001 OF 001
Vendor No: 0000013727
Vendor Name: BOARD OF COMMISSIONERS
08/0212001
08/02/2001
08/02/2001
08'/02/2001. ,
08/02'/2001'
000027824
, 000027843"
000027838
000027841
000027839.
250,000.00
5,000.00
10,000.00
50,000.00
20,000.00:
Check No:
Check Date:
. Check Total:
, 0000049709:>,
08/03/2001'
$335,000.00
GROSS
AMOUNT
250,000:.00..'
5,000'.00".
10', 000'-: 00''''
50' 000 00"
20,:.000..: 00,;
",.. "
....,..1'1:':x:~1U;~?;}.;f;~J sTAtE Of#GE0~GiiA
'~~,',.":;"':".""':"~"':":'~'."':"'.':';I':';.:".:"!,.".',_;.:,,.f'.;,:,:~ ",;::,,;,~~1~;\ ;DEloA RE~ME~~tl4ii:O:E Cp~~~UN~~TUV;.~t;~~I,
;Q.i';~":::"':;.:;G'; A~YJ~J~~:W(~~W,:,L,';,'.,;,(.,'~fj~1';~'f~~3 oi!~i9,'{,Z,J~1~1' , ' '
-~Jf"-:;'O'ill03l2ciol "cq~~:' _ _
.."Check ~~ ., ,
. :;~;.'ytoll1~,6rde~:~b~~f~oA'ROi:o;~; COMM't'~~.rONE~~~~~; , ~ ".~:,~' ;r~1
:;~tiL, (:",;;'~~, f,~I..,?;~Mg~~i C~~~ T,Y.,.;,':;.~.'..},'~.."~~.; " ~;.~l l!ii.~ )ft~" lif;/%~~
, . " .' ..;', ).< :~~':i J:Z :~~,,~:...:~~~:~; ~?::~:'I
p.;y,~actly TcHRES;:HUNDRED' THIR'Tv.;~FIVE. liHQUS'AND ':;tA'NDfi'OO/l 00":, S
'",:,:,..,'~',~" , ..,,:, '"~~" ~"~;;':;;i:.1o;.,l ';;:.'l1;";'
$335,000.00
Ii
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111100000 ~ q 70 qllll 1:01;.0000 .01: 07 O. 7 ~ I; 51111
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
August 6, 200 I
Roy E. Barnes
GOVERNOR
Honorable Bob Young, Mayor
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
Dear Mayor Young:
Enclosed is a check In the amount of $335,000 representing payment for the following Local
Assistance Grants:
Grant No. 02-C-L-12~
Grant No. 02-C-L-133')
Grant No. 02-C-L-24Y.
Grant No. 02-C-L-742/
Grant No, 01-C-LB34Y'"
$ 5,000
$ 10,000
$ 50,000
$ 20,000
$250,000
Also enclosed are copies of the executed contracts 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 reporting 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,
~dO~~
Commissioner
JH/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
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INVOICE
NUMBER
;01-C-LB34
"02-C-L-127'
'02~C-L-133
:02-C-L-245 '
~02-C-L-742
STATE OF GEORGIA,
DEPARTMENT OF COMMUNITY AFFAIRS.
ATLANTA, GA
BANK 1100-1000
Check No:
Check Date:
Check Total:
0000049709
08/03/2001
'$335,000.00
Page 001 OF' 001-
Vendor No: 0000013727
Vendor Name: BOARD OF COMMISSIONERS.
08/02/2001'
08/02/200,1'
08/02/2001'
08/02/200 l'
08/02/2001;
000027824
000027843
000027838
000027841
000027839
GROSS
AMOUNT
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10,000.00
50,000.00
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Grant No. 02-C-L-133
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 2nd day of July. 2001. 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 Q,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 expenqed 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. 02-C-L-133
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-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 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. 02-C-L-133
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 action~ 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 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. Vll.
(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 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 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 win 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. 02-C-L-133
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:
5'Z'" ~o'f ;)7tJ
Attachments: Exhibit A. "Scope of Services"
By:
..-- ..... ~
Grant No. 02-C-L-133
Page 5 of 5
EXHIBIT A
The Local Assistance Grant shall be used by Augusta-Richmond County to contract for services with
Neighborhood Improvement Project, Inc. to provide health care and counseling 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.
(~,i'"
~ ..~~
STATE OF GEORGIA )
RICHMOND COUNTY )
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this ..!f!!:day of June, 2001, 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 X rt'OJt3clj
INC. hereinafter referred to as the "ORGANIZA nON");
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 ORGANIZA nON 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:
I. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION
accepts, the sum of$20,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 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
A U GUST 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
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o
o
o
o
o
o
I
Police and fire protection;
o
~
Garbage and solid waste collection and disposal;
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;
Public housing;
Pub I ic transportation;
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. ORGANIZA TION 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 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 ofthese
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
4 .,
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 reportof 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
ORGANIZA TION 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. 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.).
ORGANIZA TION 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. ORGANIZA TION 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
"1
."
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. I n 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. 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,
ORGANIZA TION 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 TION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior
Court of Richmond County, Georgia. ORGANIZA nON, 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.
4
4 . "";'
13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
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:
f~'()\ ('c t
AUOU8TA NEIGHBORHOOD IMPROVEMENT, INC..
24f.p7Golclpn C'6.\f\1f' fdJ, t1
AT)(). \ jb \u (0 14- 30C/Orp
\ I
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.
P~Dr~C ,
7ttfOOSTA NEIGHBORHOOD IMPROVEMENT, INC. AU
ORGANIZA TION -'\
By: '-8{~t!41x;w~ .
As Its E:~0 ref ~~ f{v
ATTEST: _" . / ~
Title:
Sworn to and subscribed
before me this 30th day of
~ ,2001.
Nc:.ryPU- ic ~,
My Commission Expires:
'1~ O~r' ~ ;:;O~c.f
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5
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim Higdon
COMMISSIONER
July 9, 2001
Roy E. Barnes
GOVERNOR
Honorable Bob Young
Mayor
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 2002 State Budget. The attached contract when executed commits
state funds to contract for services with Neighborhood Improvement Project; Inc, to provide health care
and counseling 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
both copies to me. I will then sign for the Department and return a copy to you along with a check
representing the full payment.
Please note that your Federal Employers 1. D, Number is required to process this grant. Y9u 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,
0u. .
/ /er-
Ji / Higdon
Commissioner
JH/ja
Enclosure
cc: Richmond County Legislative Delegation
tf ;:) --[ C- /";~3 ~ -'f 71(:b
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~
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- ~ . -, -
- , '
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-..Augusta...Richmond Couni\{._
Finance -D~partment
Memo
To: State Grant Recipient
From: AI Denis, Grants Manager
cc: Tammy Strange
Date: 06/08/01
Re: Monitoring and Auditing
~
In accordance with grant agreement ~-C-L-L3 ~, it is acknowledged that upon
request the Recipient agrees to provide the Department with any information,
documents and/or photographs that Augusta, the State of Georgia, or any of their
departments, agents, or employees (hereinafter collectively "Grantor") 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 Grantor. 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 for financial
statements until all expenditures of Agreement funds have been accounted for. The
Recipient acknowledges and agrees that any unresolved findings of the Grantor
concerning expenditure of project funds, whether based on an audit report, financial
statement, project completion report of independent investigation of the Grantor, shall
preclude the Recipient from applying for or receiving any further grants or other funds
from the Grantor, until such findings are resolved to the satisfaction of the Grantor.
Within 90 days of receipt of state funds,' the department will contact you and a time
will be arranged in which to review documentation of fund usage or a copy of an
audited financial statement which inc!udes expenditures of Agreement funds.
Na~ AW,{1JffAJt; JfJl k Telephone No. 7do/74()- elL/VO
........~nature
(Please print) WI f'l j V)rh S. R;rl.e~
Address ~ 4 Co L r;, r-{cteV\ rt1 VV\ 1f>..f1J.., A)(j0S,~: Co A- 3{){fDfp
. Page 1