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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: ~5\D ~ / ~)s g(J 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 ''i':,.''''.....i''':.....:i?K?:....''''''DESCRIP,TION'''. ,.:v.... :,;:' ~': '"P,O:iNUMBERi i{'1NVOICE'NUMBER'{' i".......,..INVOICEAMOUNJ..:..:"".... .. .- :{/UNETAMOUNT":W....\ \PASS THRU GRANT 5 4 5 6 7 5 , 0 0 0 0 0 0 0 0 5 , 0 0 0 0 0 CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 0 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 . .:Page' 001 ..... Vendor No: . . Vendor Name: OF 001 0000013727... .BOARD OF COMMISSIO.NERS '. ~. '. " ~TL~~T"AU:N::Y AF:~~Ri~fc~~~~~~~~'!rts~[;m';~;i~~j!~Jf,i q ,-,.;.;:;... . . .'" ~"i ., J . .~.t~ INVOICE . . NUMBER' $GEF-02-E04-103 "02/21/2002' < .000035101 '..:?Y:7.pWg~J'~~:~::~~'>: ~{;:}'.~':';~:';:~~~PoNT::;~!!:>;):;X .t j ~.:;:,5.~;O;bO~. 0'0 . ...0: . :~'\:(\::~::r.~..., ,:r.:~<,;::. \.. '1- "'/-,/' " '.,':. ~ ~ .:.:';;' , -:.'.., ..... "\.'}, " ; .: :,~ :~.~:' \" " ",.. '. :.', ."~. '..- . ,......... .;. _r .~~: - ..... ":'" \.-. :", ~ , :;:!':"~:~'".}.~:,;;~:,.'<j9~:0.~;n~{::.:,;:.'" ; ';" ',' .~. ;',".l,,: "1:'" ..... . . ~ '!<, '. '. '... ".," --1 " ,. .....,../,.r~:',:~~ . . .' ~.(,:.,:;.' , ,-" ,. ."': ',". :.:';.' .~ '.' - '.,'" ,-. " . .... . -/ ,- ~:. ,.". '-,.,' .'..! ~ ,~:.:;>.'. . " ,\', :...; .'. . , ~~, :'~'.... ..'..:.<.'.>~;.' ~"~' " '-'-;'.:"X..\'.'::"' , .~~~': :j: '(:{.:[);~;~::'.\~~,; ;:.'.}:: ;-;" ,~\ . " ,~ f ..... .... "'. ..... ',' , .~., -'''' .,......,. J" ..~. ',- ~.~ .,'-, ~'. .>.' ...';- ...:,':.." ~ "," "..': .'~_ i \:~ 11100000 5 ~ 5 b 7111 1:0 b .0000 .01: 07 CI.? ~b Sill I I I '~'-'Il I II' 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. ~ " I: il 11 I: Ii 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, LocalGovernment 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 ,~ :i' 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 . '. .,- /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'" ".,:,. ., .-..-.". .......,., 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 . - , 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 , 11107 2 g... bill 1:0 b ~OOO 2 271: 208000070 287 bllD Paga 001 OF 001 VandorNo; 0000013727,_. , Vandor Nama; AUGUST A -,R ICH"'OND~ COUNT,y STATE OF GEOFiGIA D~PART"'ENT OF CO"''''UNITYAFF~lRS GROSS AMOUNT . . -;,. - \..... ,., . ...;...".. \; '~"'" >- ~L~ :'..;. "c." Chack No; , ':Ob00054561~, ',' ;C"aekDate: ,,:.'; :' ',.: '03/06/2002'" . ,.</~..":';,':,~.~ :';;:'2~~~i.;~i~r~:;~:;~i'~!:<;~/:,,,,:: " $,~,::;J?~OO~ :': . 0305022500. ATLANTA, GA BANK 1100-101JO, .:\'::;'~~~~~T.~,::~,~;'t;~\.!, ... ";-).">.."" ., 'J'" , '.' \'?:~;i:.:':~'~<:",'(:~~~.O~\ .....'.,;':',.... -,' ,.' ".'i:-).< ' ".' ,;"t' :~', .,;/.;::(~::,'. .... ....... ,.:..: '-.:' .'~;;I" .. " ,".~" .' \.'\~).,' <.. ,. '''000 6t";'''''c~1 " ;:~, "i:~il11;w1 $2.500,00 ;::1 '''-~~-'T'; 1 .~"\i";.,;W,";:" <l't . . '.. '" ." .','''' . ~~';'~"'~"" . ;' : :-!. ; ~ . . ~,' - .~... . c__ ...?i , .~ .~~._i~',~_:ll'J.!.:;r.\1rJlU1J~I~'!:!;: .)-' .-: ... .' , . ,'~' , :>' to' , . ." ", ,...... t~I:'i:;~'~,~,~~;,"'"..,ii"i,;_,~~'~!",;''',....,ll'!::!ll'.,,"'.l!l(\;lIi,~~~i~,k;;.7ll...;_. L 11.00000 5 ~ 5 b */1. 1:0 b .0000 .01: O? O.? ~b 5/1. 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 j , . -....~. 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 .~." . ..---.. ~1 'i;' . j- . I'..>> -. .". 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 - - --- Bttimul1Il l)"u Com/lmon D4U ZO'd ZI7:S1 00. 8 :Jaa .-", ." \ 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. ' ~ ~.~-.J1 DUt ~~W (,'R.6 rllk U;~/~ For addiclonal informacion or =;canc.e, please conD.a Amy Thompson at (404) 679-3154 or Bobby Stevens at (404) 679-4943. 5/99 m'd Gv:Sl 00. 8 JClQ ." a.. 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 :. I .RECEIVED .' ',;'5;~~~ . .J!-; .::r~-~\-'! .\:~.<~. ~1~~} , ."-~/ .,,~~~ GEORGIA DEPARTMENT OF COMMUNITY AFFAIR ,1 ; I (' .. ..~ ..:J.i.... ,J ;~ ( 'lOCe ,.']..Jv (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 /. SECEIVED " >- . p:~, l....~',,~ ~4'-~j \<:W 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 - ~~ f - - e~ '" 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. , . ~. J,... ,,' 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. t ' . ,- . 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: It-.. Attachments: Exhibit A. "Scope of Services" f ~ ,- ':~ ..' 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. ,. , r. ::. 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. ,; -.'; 'It '~- 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: 1 ,,': -', " rI Police and tire 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 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 2 <:::. . . 0'1 " 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, 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, 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. 4 .... 'f :. II 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 ~, , 200 I. qJRDJf6~ iW-- ~ :}jat~) otary Public MyCom*~~~' ,." ~~IDl.~- ~~.- - A~~;:;~~i;~ ~;~.\ ::-. -- -:- - -:-...-:; J ~< ~ ~~~,:~~-:;:;--~~'<../:: ..' AUGU 1 ORGIA V 5 ./:.... ~ '" -: ~.~ ---_.~----=--=- , 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. -- '!' <- 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: .,>.. .. ;:=a 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. ;:r ~, ; 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 .. 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 - .. r e' 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: -". r ..... " 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 .. " ;:- , 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. 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 " A F f A,I R S" ;:; <c:,;:;;~~,,~~~~t~:;:'~;:.'; <," , < - . . - . -.l~' ;. ," ., ":'. '. ~~ .',~ : 00000504.f8. $,~~6~ci6?~g6'" ,,' ~-..! . , :~J ..r: ";: .::" 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, ' .... '<::~-.~ >.. r' :'~~J~,,! W~CH~V IM'B,AN ..:- .";-;:;:.. .f] ~~"~.Jl:~~~,,:,!,.'~._ "'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" ". 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: ,- ~~.. ."'t~-- 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 'Jr" '.. ,~~ '6;"\. , 'i ( 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. ~.:: . ,-' .. ?- 'ji. 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. ;'-... ~ .. ti' 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] ~ ~, ~ -, 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" '\. " '~ / 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. ~ " '~ .r 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 ., - ., ~ 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 ,,.," ." <" 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 .. .... ,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 ." .' 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: 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. -, .~ ." ..., ,"~-.:- ~........\,-::::' '~ ...... v' ~ - , :: ATTEST: ---- /; '.."~:- T'- ..,~~/ -t._t ~~_..." -...... ',-,.~ ~;~;;. .;~~;:c~~~/ 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- ''-, \ --~---~~--=- _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 , ( . -I ' " , ,,/ 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 "\ .. 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 !' ",.... ~;.. .~ ; ,." "'C>..,~.\..::;7". POYi.,EXoctly ;','.... , " ,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, O. 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,: - .~, ; . "1. ; ~:W~:~;, . ..;';;1.'.; . ?.......~_.. , :-.:<.: :~:,;a;l..:~''''.: !'. .'. .,i\:f',.'. , )5<.:' S;rAmE:OE.GEORGI~";1~~~:\,', DEPAR',T.MEN'I'J:',OF '. COMMUN:I.'!W:.<t,FEA:! R'Sf'~!~:'" <,,60' EXE'CUT.;lVE:-:\':ARK SOUTH!<'N{:E:, ~,..W, . J,,,~~'1~!~~~~.,[~._;)f~3~~~~" ., If $351 ,000 ,00 . . .' Chu.ck'.No, V~~di.~ No:iCOOOOO:13>727 :.~~~~hi: : ;~:~\;~:A\~~~~2tf'~:' : '~.~ ',. .'.\-:...:... :.'S($... .-.'~.i.-.~--., 'c ~.'~ ,. r;'i;' '...,.1.'" '::/~~;;,,,' ",;:;~,~,'.. ,.,<~:~.,:,;"~,, ':~?'. rf.ft~S)'P;'; (. .' :;~{;;~. XF::':"',:,:,:::'"'::",:,,~,~,',,,:',,,'..'..:,.;.'".,.-,:~:,;,..'",::;:"::..:',:,:.:,':.:,:',",.j,,.;',',~::"."':'..,'.,':,,.::.'.;.,.,',..',',,~',.",..:,..:',.";.,"~.,.;'.,.:,::.,:,.'.:~,.",.,f:.:.;"..,,::~,,:,.,~.:;.;:,',: ,. , . ,.. " , .......\ ~ ~ . ~~ .. ~""" ~---~.~~-- 11100000 50 ~ 201111 .:0 b ~OOOO ~o.: 07 0 ~ 7 ... b Sill I '. ., " . 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: /;; -, - ./ i, " "';1., . '\.." ' 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 ~-' L"";... .;'.~ .. .. '. ~' ~, \, " ''r 1 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 ',,' ." 25-_,000'.00 100i, OOOi. 00' , " 50,000:,00 " ,.::40: 000,00 , (20':000::00 08/21/2001' 000b28473 08/21/2001 ,~000284~6 08/21/2001 000028474, 08/21/2001', ,000028466 08/21/200;1 0000284,72 08/2'1/200 l' .,000028'469: ,08/21/2001 .000028'4.7',1:, '08/2'1/200 l' ,000028467 08/21(2001' "000028468, . 08/2'1'/2001-,' 0000284178:, ',08.(21'/200'1' ',:0000284,77: 08/21/2,00,1:' ..'.. 000o,28~?5:' .i'".:';-"".' "\. .~ ,..'.~";..~,'>,:~..,. ..~ "~.;":.~'t!..,'<. -. ;-:.,.., . ':'~.'~;~::'-''''',.':-. ',"_.~,.'"'~~i,..,,,,'.'...., . -- {~;~~i S'T.'A~E OC GEORGIA ..' :L.;:': ,..,'" JI;',. q,,; r-;::." ',' . '. , ,) :l",.~.j '. ',,':~ :" DEPAR;T.MENt;;'OF' tOMMUN:I;,r,,y:"!A'FF.:A:I RS~~!i\.', "i~r~jji~~:.~~~.i~i~i!E ,",,>' No, " . '.".!I-........:-.... . <!';f:i\-'(i"s !.22~2001, is:;i:;" "t~..: ,/!(;.;;~:9Ck. ~:~: ,,' >:',~:~:,7!:'<' j:~{ ,:r'pay to 'th~,Ord;'r,~i(' BOARD''',Q~' COMIlfis'S'IONER S~ L . :::::::':;f:!:/ :.:*ri;;,: ,~;~!~r;~~~ti,C~0:~!~~~l",~" ," ' , , ~~i, ..; P~YiExacUy 'THR'EE;/HUNDRED, ~:rF.Th,ONE THOU'S'ANOu ,'" :'. ~::'.:':~;:'.-:..~""; .-: ':f.~-~:}~~.:;;:1'~.:" ":i~,~'~~;,~Ji' . $351,000,00 . ~").!"''''''.'"~ c::{,l'~~~iiM\: ' f., . ,.', .." I. 'itfACHOV 1 A.'~~NK:'.)!Gi . ::~l,)t .' ;'._':'.~ :'. }J~;;~1:~\~~~~: , ~~:f{''':'~.. '~'j:;~~~ : :~;<-~: - :.~':~: '~1i;i:'; " ::IJi.' ;(~~;:,!i~:;.$! .<~~.f.~e~0' }J} :Wi;,ii~l5'j~~", " 11-0000050 i 20"- 1:0 b ~OOOO iO.: O? 0 i? ... b 511- :-~: i. -~ ."""i__._ .'-:t";: 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 r' r" ;'" o o ~ Police and fire protection; o r/ 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 ~"\ 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 --,,' ~....c"'''-.. . f I f 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. 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 f 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 :'t.,:' :.. .... , . 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 ~c.; ~ ...<' "'~ 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. , ~~ ..~ 'iI 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\- - ..i 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" \ . " , ... .;P' 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 .,;:" .' .. . - ,~~":,, .~. ut,;..;.- . ..' . . 'J" . ~..~._': ;":,;. ./::,..:,....,i.r . "-'" 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, '~/ .' /' I"--" , 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 ~ 't " 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 ~. 'j; ~ r. , 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 .'\. ' 'V .- '" ~ .. --... ~::. ~' '.I..... 5 i ;?- 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: (~ ,Ii' 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 - -----+--.----,.. - . - - . j. - - _ ..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 " -......" f'::;. _ ~ 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 @ Recycled Paper . STAJEOF GEORGIA DEPA,R'TMEN!.OF COMMUN ITY. ,....:; - ' '~;'5":?~:!~ANTA ,; G~. ,': ,: "iBANK, ',1100"'10.00 GROSS " AMOUNT. ' ..r..> (';'::;~':.~/.: 00000504'18' .':08/31120CJ.1' '/ ;$1~~,OOO.00 " I".. Page. 001' OF 001.., .. 'VendorNo: . 0000013727' Vendor Name: AUGUST A RICHMOND. ~TY.' BO' 0 '., )~ t !' .:..'"..... -';'. ',' , ." ..~;_,'. "';:""f;;io'\".t:f' .~'. ~ ,;"]~~~,,g~':l8,i:'. :~ ~Y',i. ~ .:; .'_.T; _:.:\~. ..,~ t",~' '. I . ..:";( . 25',000:,'0'0 l' ',"'. ."25 '000".00' i. ." 1b~:,009;: 00', . [~ " , 5,;000.00', 75; 000..00 .' * 50'; 000,.09 " ~. ..... . ',;.., ; .:, ~ I I ~. r , " ~i .:., g " t>;. , .J " ~ ',7 '..' ~1 '.. ',.:.:". ':. :k;,~;:,.:'~ 1 , 6.1:b~I\)~:.I.~1 . .. :'" .<l"" .:j.jt~ 'l.r: ;.:t~:,:T.~~~ ~~, , 000 0'4I8~;~~~\.:,,:~ ;~\[~4~~~8Ck;NO:; '..~'.<'.'! ;;f;~~~~:~;~1 i ..~~~or No: 060o.0:13;727.~:':jl1J1 ,~~~;t.-~'ii~~n,...,c.::::;::;;.c:.~~! .i~l $190,000. Oo~i ";'v.;,.~. w'~;~~vl ., .... ..tJ . -:., (J~' :;:~~ . ;',:;~? .:iae~~~~I)~I::i~itJ&~;~;t1t'~Wi.,~,.::~~~I: ,c AMOUNT "PAIO' ' . . . . 02-C-L-58,7: ~02-C-l-590;' . 02~C~-l'~59'1, . 02-C-l-602' f02~C-l-660 '02-C,L:-944~:.: . 08/30/2001' ""08/30/2001' ,08/30/2001. ',:08/30/200'1.:,. . 08/30/2001. ..08/30/2001 . 000028'964, :.000028951i ". " 000028966c 000028974' .000028971.' 000028971 , " , - , _ ;~.-, " ~"',.~'J I " '.._ ::,' ~'~'0~-'..'~~-:" C~}, 25',,000.00 25 ;000...00 10',000,00 " '5:,000 ...00 75,000".00' 50,000,00 .. t.". . (',~, , " '.'1' ,., , ,. ,;T ".. .. "'0000050'" .8'" 1:0 b .0000 .01: 07 0.7 ... b 5'" 1,- . r ~ ~~ 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 $20,000 Foundation As you know, these monies r~present total grant award for each recipient. Thank you. Enclosure: Check r=- ~---'..;-,f :--. Page 001 OF' 001 Vendor No: 0000013727"'" . . Vendor Name:'.' BOARD OF 'COMMISSIONERS:. DEPA;m~~~::;~o:~::~~~:~";;:.:'~;,[~~tf;~;2 INVOICE' NUMBER 02-C- L'; 241;" :'.::,. 02-C- L-60S" 02-C-L-614~' 02.~C-L-699t.;: 02.-C-L-732". . 02'-.c~'''-616;~... ,. "". '\' ; '. DISCOUNT' :::,:', . TAKEN? ,..<.'.., :..._'\~Yi " " ;-.,,:'..: 000004!i7'78;::~; '::;\'Y \ '08'108/2001.':0 ,.... '. ,',$:150 , OOO'.OO';P.J ;~'<' ':,);. ~:'.' . ~X~ . ,. ,-, 10.,000:'.00; : 20,000'.00: . 30' OOOi.. 00:' . 50:.000.00. : 20:;000.. 00:. '20",000:: 00 : ;,;::;"?~';~:;h{!~;:~,:;',~"(,:"."g;:. g g~ :,"":,,,,.. ":', 'Y~'::;;:"::" ", ""~~ . ". ~',,"""',' "'._,', ,',',.... .,' ':":': -.: "~' ':j .' .:f' . . _ ". ". . ,~;....~. :/_.-,.- i~.. ~:;/.::::~;.. ;';':":;"_":' " ' . .', . ~', .....~.iF:>,...~ " : ~ "~ ':;': . .~t'~: ~;: :,jti. >. . . ;S;itAmE~OE,LGEaBGI~,~ ,- .' AR;tM€N;f;jf6F:fC(),iitMUN:riT,YI;;r~i;;F.A\ '-};W60:;;EXE C U,TtrV E?f;P'AR K ,': SO U TI:li1N~.E:. ^C-~1 .'::~:~~t3'1~~~~ .:' :>..,.l.~,.;.?:.~::., '.\.'.';. . ;;f~ .:. . ::' ..:' ,"~~~ ...10.,.000..00-:,1", '20: 00000'"',~1 .:,', <i,:::" ". '~,:"<;,..:'" ,;~~,~~ " ., ,j,:", ,- :<<, '. '~'. ",' ''T' ~ -" n:;:.'::,:', : "'.,.,' ,;,-,:,'>' :;: ':".'~. ".:.'.' ~\l:: ",.:~ .' "",'-1_, ,< "~,""':' ;'.:' '.' . " . h r~~~j\'f,;~\;t~;;";l~~;i;;';~ ':"~.) " 'r.' .'T~ .' ~:;~Y;:~\~~\~~;F;.~ , i..' :.' '''~i;j~~~~~\:/~: ,9<"Z78, ,,,. d' "', ";"~.~jY;:ph~i:kNo,\:l >':~';'W:'~J.;:' :~;; i ;'Vendor.. 000'13.72.7;\ :',:.;'",: :':';~![;:t...~ '" "'/':':~'./~::~:"'''':~! .. ,,!,' ":-..' '" ~ . ~\, ,J. :; :,,::",~:-:~ ' .." ',~,~~- .-,;', .:":.;':::?~i' ,.;...; "':..,~{". . . , .~;:-:~..~'~~~;:~ I "'.'-" ;:, :~'. ",",.' ... ~ ';' . . ";..~ , '~,.';.'< .' . '.' " r;._i':.' '-'" $150,000.00 ':.1 ....J. .,~S#:, ~t;lz ,.. W~;~~eVIA': :'......:~. .:~'." ....'. '..,.\ ; i ,;:':'~';f0:~~:-< ~;. 11.00000... g 7 7811- 1:0 b ~OOOO ~Ol: 0'7 0 ~? ... b 511- L...._._._._._. ...:.:......:. , 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" " ~ . - " , ;' 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 ..1i' \:.";" [I [J CI 1/ 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 .c " "" 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 '. .., . . ,. \.... 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 " I. - .. 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 ~ 1- ~ ...../: '.' ,',> ,', " STATE OF GEORGIA " ."':" ,"{"i'i,;:!l,:: '.- ',:f~ ,', ' .,'; ':' ': ','" . ":" ,'Jt11 ..,,~~:A';~~:E::~:M::=:;V;:;t{rS;tf;;ti~g~~"'i~<~*~ff,,~';~~I~~B~g~:, , '.~:- "..;: ~. '" INVOICE NUMBER, ..... "',-",.' ,. ... .::':....;.:, ~, ,~:,.> :;"".:~:;" .' ..... ';. -:"~~" .. , ".. ,~ ., ... . '-. , . .J." : )~;~<';;:>. ii~, ,- ":. ~ . '. 3~~~{~t;\',;,1"L H. .. ". I.~:~;:'_ ." " ' :,:l" . ."" ,,~. .. . ~"iC ; ;'.' h~'. ; "'--~~~ill 7;78~' --t "" ~;;i~~I\~,'~ i ,.t: 1/800000 ~ q 778118 1:0 b .0000.01:' 07 0.7 ~b 5118 L--.__._._..u:.:.u..... :...." ' I ! ! i "~- ~) . 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 .~V'-' "'ii'.r ./1 \ --- ':,.-'r Page 001' OF 001 Vendor No; 0000013727". . ".'" Vendor Name:: ~~:ARO> 01;' COMM r'SS I~~,~RSi ;?". ,..'.:' <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": \:~ ;;'-';.' ':i~:~:~~:~;:::~ ;;:- ~',~fJ~~', ,~)';.' _!; '''7;,:t2~~Ol~1'>'~.i; .", '; '~:Payto:tI\e.Ord..r_Cifi.'BO'AROYOF.. COMM:ISS:IONEFl :"1d~ ~~~~~:~iJl~.~~A~d~;p~ ......i.1:. '".': ',... -...." ..... .... ." ., .~. ~." "< '.': .; .., "'/:., '.',' .,0,;;,.' ,V.'.,' . .,~, ".: I' :'~ ,;::-,~ :~~ :,:t..' .: , .l;, .~... .>.'~~ ......' -":.',,,,\,' "'..' , . ..~.;,;, :~ Ji .::~ , .....;-.., 'T. ':i" .,,' ~- t IY' ~?: ~~~~.,..~'.".>:: .. '; ',..~/:~. ';. .".:- . . ,e'." 1 .... n,' ;_' .::.:<.,: :,.'.~..:~,;. ':..:ij: . '. ~ ':~ '~ ". -:...'. - .. lfff!_I....1~0", "lS;';,., '..,.;.,,,,;.,,.'. 0 O~9''Z78:i,;,~,-"",.."). "..." "'Aijt ,;,,;":<ia~;;,i?jlrilIT: : ',.1 $150.000.00. ',; .j: . .;"'1.'- 11-00000 ~ g 7 7811- 1:0 r; .0000.01: 07 0.7 ~ r; 511- .; : \ ,"'."l('::; : '...., '.' j . , '~~_~"""","':i'''=,=_",,,,"",,,_,,,,,~",",: [ \ ! L--._._._._....:.:........ ....: . 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 \ . .~,-, ;f" .~ '. Page 00 l' OF' 001 Vendor No: 0000013727' Vendor Name:" BOARO" OF . COMM.lSS lONERS:.. .:; m~~,",E~~;~;~:~:~;~~f'1~~j;;R~~i~k~~:~r~~~{~tf/;;~i6!i~tgi~1 GROSS.\'. .. DISCOUNT-' AMOUNT ,....;:;.L.;}'''. TAKEN.: .::'J,f"" ,-:( .>,~.", . ;~i~~;!~f; ,~~Wt~:~:< '.. '.' ~I i!j/lf~/llfji}0mll~!.li1~.-,!}~.)!!'.;\};;ll:III;II~;.'.~,':~~~~i~~~iUli'~"{~,~~t;f~llt:fff:fU '-'.' (SlFAttE.OE8G E:ORG'I:.Ai~;': 'AR;tME'N;Pi:O F.'rea'M MUN;i~T.,yii1AlF.EA;i '~E:)(ECU;r'r;VE:,~p'IiRK::S'aUTHl'i:N~. E' '. : . ~A'.J~;G;A:.30329'" .... ." : I..... 02-C-L'~2'41';" 02:-C-L-60S',' 02-C- L-614~' 02:-C~ L-699;'::: 02.-C-L-732', 02-C-l-'61.6:\. ',.\'~ ,~! , .' .~: . ~ ..:;~~:.~: ~.' . r~t:~ ':i;:'~:._' . _ .'. ,,,~ <0;(Yt iL~~, ",. WACI!OV IA 'B'A'NK\'>:(.', . ::,:-.'-;: : I .~ t ,,:.<.;~."].:., ,.;. .: 11100000 t. g 7 78111 1:0 b ~OOOO ~Ol: o 7. O. 7 t. b Sill '-------.-.-....:.:.. c:-~ 'ff'~ -;1' ^ ., 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. ;'I' ..- .~ ? ~!.' 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. ;" a' /1 {. 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] ~ .1 c. 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: \ 4--:1 "t ......-t '. r ") t ;'1 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 .. ':. 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 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: 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 , ~ " l"~"" -~'" ~.~ -. .. . ~ ; - /ij- -{'< ~ ,.."" ...:.:.: = :: ~-" ;. ~':~ : ;~ E i~';"a - ...~-E ~~ ...", ...!,,~ ~ ~"~.1 ~:~~~Xi~C:~:;~'~ 5 \ "" ~--~ .: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'#, ~. 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: ~'__c \ 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 f 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 .; .. . ""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,: :~". , ~. . . . ,~", ~ ~:".. .,'~ . <:'., '. " .~~-.:x</.~;. . ~ '.-' . :., '.' . ",- -I'-!"" , .. ~~~ .~~: ' + ::;\.,. "..,zi i.... ":~/~l~F.~~~i~(~" , " ~ . .. '.;, , .'",. "; . ~0 ;: ~, ~,~~ ~{l; i "~~~~~-~.: '-~~~;. ~~flJl~;~~."~_- '.' '. ,18,. ",< . ,.', , .,.."OOO~9'Z:78, (.".i, ,.. ':",'Soq., No ,,:,: ", ", ,";i;;;:;;';)::'?:';:?'~~1~~~4~:;FOCkN~::OO;~~7if{:,.,!~;:i~ : '..\ $150.000.00.' .;"; ':"" :, . .;. '-, . .".~. ;-.~ ,.:," ".~. " . ,~. . ~, . ~ :.~,: ~:.',;~.' " " .~. ,1 "-j:. ,,100000 ~ q 7 78111 1:0 b _0000 _01: 07 0 _ 7 ~b Sill L-__.__._._....~....'.. :....", "f .~ r " 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: ~ , .' AUGUSTA-RICHMOND COUNTY COMMISSION . F 076937 . ,/#~DESCRIPTION'.:<< .:.....~-:v:"'.<~...'~: :.;.;. ':,:,:-:,:,:,:,:~,>:",:,:,:,,'i: :'-.::':::':':-)~:':: ....----..:.~:~~:~.::::: -' ,~.- :'\>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 ,.. .." , l " f 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 f ! \' .. o o o / o o o o o / o o o r 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 f 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 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 c l' 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: 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 ~( " .:......,:r~~~...',..":_.. ~". ,~~<,.:..,.:'>.".,... ___ ,. "" :,...:/::.,.':'.."1... t~~ '.., ..t:~:)~.....;:"....., .. ""~"~.~:;~,:>.'.~-:" " ". "".',' C':"., "', .. " ,'. .",' '.. . ;" ' ,:~ { STATE OF GEORGIA ", ~"" 'yi:},: "~>"""",~,,, . ' "".", "", ',..., "", .J! Page '00 1" OF' 00'1" '" ~ ,,' ~'J ,'''c.., "'OEPAR,TMENT:' OF. COMMUNITY' AFFA IRS,,:''':;> ,-:),.c~~k No~',,:. ,~. r,:"';,;-,: . -'.: OOOOO,559,7,8'<.,~ . ~:::::'; ::~~3'P'6'o"" I iSi. ~~E;~:.:~; -;:;;;,3 ii,.'. -. ,; ~l ;2'NT'. -" 'ij;:~)J1~;!1{~\{TJ~;%~,'~~f:'ti'i~l!i~~i~;;) i .i 1110000055 Ii '78111 1:0 b 1.0000 1.01:, 0'7 01.'7 ~b Sill ".''''~''-~'..:- .. l.' .."' '. I ',:-,r: 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 ';;'~age.o'O'.;'::~~';'~~"~'" ';.: '; , .' ' ~;)". '~-'~':':~: ;\;,~~~~r~.~,;~;~j~~~ ~;~~~?~?~<;~'F'~:~'~~"\;;>:;:.;::;;'~~~'k':::.'j:~'.::.::: ~'" ":;". :~ O~OOO~:::~7~~1{ ~=: :~. '~~::g 1 :X?~O.. I ssr o.~.~,~:i:;~;t~~\;~ii;p;jti.jf';;;t~!(go:fr;: ';;;~~~B~~!~ft~:'~{J;}:lt!/i:~~ ~.g~~?9;ri I I I .,p:(:~,;: I I i I I I I I ( 1110000055 g 7 7111 1:0 b .0000 .01: 07 0 Ii 7 ~b Sill 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 ~.. " 1 .' 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: ,I l~ 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. /-.-. . ,,, '.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 ~~;. l' 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. ,- / A~rnovEfJ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS I 1 J 1 . ,. "~ .:'.?:.:~.~..~=:~"~I~::.J ;;U);::ry CC~;i'I;;~S!ON\ : o. .=l'"_~......,..'nU'il_~~",..,.;.J>~;;....; 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 -'"" .\~ 1- C'~i~/ >(3?J Ie( V 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 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 " ;.: ".." ..... 01-C-L-430 02i19/2001 000021398 DISCOUNT " TAKEN AMOUNT PAID 625,00 '1', -:000004'5323' ." 'i::it~~~'~J_iCheck'No,-,; '. "i, .7....../~ !\t;'~'cio~N';d~(j'ooo'O 13727' ':t"~~Ji~,~.;..:if;~~~:~~t7~~~:;':'" .~. .. ',.. , >-~,~i _\~~ " j I . ,'~. ~t'.+ ,"',) !:!~ , ~ ..< :~. ; ~., " . 't:.5';'~!*~' 'It,~l ~p,-, : ~~~~ ';.._1 $625,00/) . .~ '.1 '4 B . -.~;~ 11100000... 5 3 23111 1:0 b .0000 .01:" O? O.? ... b 5,,1 'i' 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 ,l , .' .;. ~ 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 , I- - -- ..-. -., - - -- ,- ,- - .,- -- -- - -- - - - ". - ,,- - -- - - - -- ,-- - - 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 "0. .,t ..'.. 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper EaUAL HOUSING ~ OPPORTUNITY L:J '~::;'PageC 00 1:'OF.' 00 "',:;,,.'\': ,... ,'~ Vendor No, '0000013727 ' :'Y,k?eO,do.~Na",~~~_A.UG~STA .,R I~HMONO COUNTY j~p~Yh:(~;~_1J~t);~;~:',;~5TN:<~:~~,';;:i,:"i';:i::,:;.;:~ oJ I r\ I L.,. v,- ',,,;u.,;,vn\,;Jl/,,\ DEPARTMENT OF COMMUNITY AFFAIRS ,,:': ATLANT A. GA BANK 1100:',000 Check No': , Check Date: Check Tolal; 0000042133 ".10/18/2000 , -,C';' '$19.875.00 .. ..,........ ---." .',.. -" ". ... ..-....- .:.:.-:,:..::.:.;.;.'. -.:..;-. .... ""0":"'::: :.r" ":,",,:- ~ .:.- , ".i;i;::':~,:.;~~llA~Rgus~T . 'OJ'', ',AMOUNT , ',;e. PAID ,." J: ~g '.' :,~#:,;.,.:'~i~;:~i"~~~>~ f~: :i~~:' gg z. .. 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' .'),:00000'42133' :~':;~%r~~1~~~~\~'?~,~:~:;;;,~~, " $'19,875,00 ",.'Ii!~~;'~~":~_' _ ........~ .1{;'~,;::..\;';'.. -~i~~~~~~~~~~~~>>~~i;aU7~''-' 11100000 L. 2 ~ ~ ~III 1:01; 1.00001.01: .o? 0 1. ? L. I; Sill '1 - c, .. 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 - ----------.~---..---o&..C,...'l..L_.~..;.c;..c.~~~U.rJ'.l'.'CVUf~';~,cG.UU,~las~;l~t~Si.S~xs. 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: $1,028.00 Two Payments of 5781.00 Resectfull y Submitted . ~..~ Marvin L. CamDbell ' Aqent , ,/'/ " 'j . ! : ", ! j ,.r ,J ;j .~ ~ .! ,j '. j .' ':! , 4 " J ':, : j :1 1 J 1 J 1 . ~ I I 0' j ',' : ;~ ,~,i ,) ~) . " :j '-':.'-:/;;'. . ,. ;. 'J J",-~-iu-;-i:d-:":"-n(j'j~':itlt'i:it:i-~-~-----~-----CAMPBELL "'/' , , ~ i , I / ,. .1 . . INS. AGENCY ,PAGE 05 GEORGIA COMMERCIAL AUTO APPUCATION P.U. BOX i47J'3. CUVELANO. OH 44101 1-1317.776-2436 (oplion J) prolrouirt.com -PROGREJ:fIVElI , Progreuivl IIlOna" neouimeml. HIM ~I appIIatlonl b. ...llIume! llIroillb lit, PruRu" 'r~m. Th, ~Iranl will Buld. rGIIl!lrllUCh 11111I. requIred inluno.1io<I ~tp-ltf-It81I.ad inltanUJ pnlM . ~uota., ": C'"~ r A- ~....~~ NOTE: Pl~a~(' provide copy of quote or phone Quote number and preassigned policy number. I~II~I~~[J'I ^lIIJhl!;-j PREASSIGNEO. 'PHONE QUOTE NO,: l\.lIlO.IbtJ~ ~~ L~, R, POliCY NO. (optlOnall: . A&EHT INfORMATION 0000-000-0$' 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): c,~~~ ~~~- ~~~, ~~ ..k.\cr Requeste1t Effective Oate: Previous Progressive Policy No.: Business: , 0 IndividuaVSote Prop.' 0 PcHtneooip , II partnership. indiCate name 01 ownens): , Oescribe type ot busines$: o 6 months ~mcnths a~S~^d~C~~: ~ '" · ~IY~ HOnle Pholl~: (__I Busin~s Phone: (_I o Corp. NAMED INSURED/PRINCIPAL PARTNER/PRIMARY BUSINESS OWNER Nam~, Birth Dillie -..-J--1_ La.. \f ~~<"t'!". Home Street Address City Statl!---: Zil) ?~~So<:ial~C~__~~~~\)~~~ ' 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: yG) NAME AND ADDRESS Of ADDITIONAL INSURED(S) (A $25 '" will 1M ctlarpd flIr UdI A4Idl1IosaIIll8amS IIIIedJ e Address City Stale Zip ReI8tivnsIrip " Law" .. ~'Pr , To Nuled InAmI T<<m << lease ..-. , Ad&lr1n Citr State Zip . ~1l1lri1l If lnsor. To HIlIlH InSUrId T.. 01 lase -- Nm __. ___ ,a_, .,. lfam -loe.; GAAA,mEPER'$ lEiAl L1AB'UTT(far Towf"l Rfslls Oltty) \lw,ddltiea.f ,het i, ll.cnJarr. Ad<mll c:tJ Sta1& ~ UIIIits Is UII AWl- . III CaB ' IleiftIdiIIfe ia f'~ SIaI'n. LocatilHl Pfes. T 'ffiun7 NI o 25.000 o 50.000 0100.000 o Yes Ol'lo $500 P8I' 'IeIUcIe: Mu. $2,500 per llCCUmlnCe 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 rUllIl ~icy Pnl",ium ~.~b.O S-oOQ'lI._......_l(.,~, - rlllllllCia( CIty , s \ .~.0'9 CJ 7~~ P1an. '_,llll Ot__ Down payment ' CIlIIp'" -... ..-- State Zip Submit ~'70 ~O\ ...... ~1IlOol /' tAamIIl ClllliClft m'TI (P~lIIldioaluBC nac __ ~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: ... 0- Applianl Reqw,. Anr w.iYers oC SUtlropcianl 0.,., P'"- II YtrS. How M~' (~ Ldl of "-all ~ o 200tJ~ CASUAU\' IIlISUlWU ~ IlU.IICHTSIIDOMD. ' ~ r ...,. ""'- IZ II f:1/llU/liA' :'::-:....,~._,.':...~._y' . :.: .~-_.:~..'..:.:..,.:'_....:.:.~~:...:....'.' ,~~."'.,'_..:.,., . ,,--,'-,' - -'.'-' i/;::/::, ":~fI1 (11 'j'j:J 11::1. 1 b fll:1.jtS':H:1~'I::1l:l-.._---_.._'-,.""~.....-'-"'_......."t~l:lt:'t.L......{N~~"-AG't:~Y~........... ','''', u.........."......~A(J~hb-~"':-~~' . . , \ .. 'I . ~' ,. I " 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. .. ...';'" ,,~':'--r :: I" F _;;_ :;~:~ '~'''' -~~- ~d_,M ..C\,lJ..CL- 5:..~, _Sil..._- Y(f;r~f~:.~ ...___.,__C8J-StQ.-Z \ C\iCA'OI'~ MIS "N Y/M (lei. , Pri,"rT Or. . ..... Y/r4 ViN Y/N .,--.-."-'. ----'--"- Mls.\ V/N' Y/N --..,..--., .~,.---- MIS' Y/N Y/N YI.N VIOLATIONS (L21st 3S months) ACCIDENTS (LISa 3S months) . .-.}-...::-; . :'..\ . Dr. Viol. " Dltl , Ylalation 1\110 Dr. 011'1 It No r2ult? laali4Ja ,lid Spw~i AnIOlIfIl hid Uolll\ltf PllyL 0'"'. Y/N '--C'-~--'-- .._~ C \e'a ~ -- ---.-.- YIM - --.-- ,. Y 1M. R VEHICLE INfORMATION _ Please provide the inforMation requested lor lach nblcl.'to be 'o"r.d~ flail , SlW$1'ft' ll;ir. ~ DcUlil,lIlls. \'("'Ct.~ Equlpl'llenlandt or lit r"-. \. .. CattV K;lIled. _V~,~c~~_,:,~___ ~~~~.._,._, \~~ (g' \..\f'~~ ;~::p r - ~. ~sof;Y~ _ __ J :;:;::.:;." '"':."'..::= .:.':""' ... ~t~ltlna AlIlIreu of Vef!;,;la: lill.lillerllnt U.;)II ~n Qf\ p. U ~~, Coul;A O~lJHonJy , ~Iti U~ Only '..0 Botti' ~ &. CoI\1merQIl U'Je stale ZiP , '3~q&.O TOCJl stIlIll AIaIIaIIt at 'ltlllctt aim [..... \lIIClade ALL panul\lCllltJ ~.....- ~ , ~ lbllius III Oparatloll ....: ~ IPlcllSC cllcck one) ~ rnilo 0300- o lOtI miles " 0 500 IfIiIu .0 ZOO...."" rlatD _ tr.dGforRtlof ~..., (=set ~ II'd PltJvcloI ~ an.., 1llII~ IflI _....lIl>Ie _.300.... re<ll\l$. it\., 05. 00' ~) ~ lll.1'l hI"' Nat"" ,A6drcJ Ci17 $QM Zip " 0) 02 0500 .. list..,"""'" ~ ~Ta It CaImd batlJI liInM' Te. lillrailetl ' 110 CIrde rlll' ..,... o..p{Clllllll ~.--. ctr:J AlUIl:ft toIldlc $dWllIIIC jf ~ l* - 0<<-- ,.rely wiUt CQl1'Ifft -- - . 3>" 10 1. S' z. , COlIIIiaI II ... ,., "lIIIoItDeII ,..... ....-r " ~ llcfIIIcUDle ~ g(.. QHo , - aYa~ OQ . ' , 50 Cl Z.500 \0.000 o 5.000 -- .. __0"-'''-'- .--.-' Ve/llclt lHatIliC1IIOD NlIInlm toJ_ L"lIl1\l1ele c IfQftl ~ ~ I WI! ~~~~ffi~~~~~~~~~\ .1.- PIn,. 0 Roi WJaC CZJ Select 0\Ie 0 ClIM1' (31 , O~ 0100 ~ 0250 02.500 o 500 0 ~.OOO 2 "'>'''''' "::<:<t "'::"'" ;', jL/17/1995 I " ,~,::::~'~~:~'::'~::::':=~~~~i~,::.~~~::':~~:~:~::=:::~:=~:'==~~=-~:::~':::1.-~::'-:':~~~;-~:-:;-;'-:';~~~~~~~~~~',,,u,;"~:j'~ii~~~wW~~~~'~\rJUv',' '''~-~{h~C.'}l.. Hl:16 77El38982eB , . CAMPBELL INS. AGENCY PAGE 07 FAilURE TO COMPLETE AND SIGN APPlICATlort MAY JEOPARDIZE COVERACE AHtlillR BINDING AUTHORITY. Driyer Exclusion I ~r.I"t: 1/...1 ,uell ;n,ur.lIn:~ a, i, aflOrded by the terms (1/ thi, DOlky do~'$ not ~Wly wllile ~ny (ov~red vehicle is bein~ driyen by the 10I1.,..;n8 indivitlu~: NoJIlle 'Date 01 girth Rel'l;onSllip ~ ~~.J Si'llatu" 0{ AjlpliC;lIt X_ ' gatt Complllta lor Credit Clld Payments Oa.ly , , [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 .. .f-'5--dY A~nt'l SllIIatullf . ~.."" .~. '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 \ 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. -,..- " .' '"__",,...,' .' ~- " . , . " ~,. ." 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: ! (i .' t" 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 JHlja 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 f, ." iril~jiji~~~~:~~~,;~".:",. t 'ATLANTA, GA .AFFA IRS Check No: Check Date: Check Total: 00,90'042133 10/'18/2000 $19,675,00 DISCOUNT TAKEN '" 0:00 ,0,00 AMOUNT PAID 18,000,00 1,875,00 .. '. ---, ..... ,-- .. -. '.. ~~#;;;;~~f;;7(;ft~?:;~~f& . . .,. .,.. '.~' ." .' " -' . " ,. . r, ..":.......,... ~::.~~~~~;/.::~;.>~.: ,~. ',~ . . -~ "" ~ti;W:}t:~:i :~';:i:+;;,~,:~ _.:.~...,:~:?;: "::,0, " ..,.~.\.-:!...:':.;;:.,/..:....: .::.:,c ~;::\:d0;::;i@,~~'~/: .' .~" " J._ .".-, ~.' ~ ", '.",. ....- ~;;':~'~~;;~;~:~~~<':';:~~~;"~. . - ~ :~~:~::"'-"':<".:'i .:;~.,j.'. ., - .... ,""'; .'.~'- .:.'..,....r>~.:,.,.,' ." ~ -:4\,.: :',:.: - ----. ':;::''-_~:'; ~':.-.,:~. .. :...:.....' _...__._............\.-_"...............;...~-_..._....._- f'"" ~"~"" , ~ 'to' .,.,:'.'~.;".,'::,~,'..~.;.:,...~~~.,.~,'.l'.,t;',.~~.;.:."~.~.,.,,,...'~,',..:;,..',',"...,..\:,i,.:.6' 0 l~:'.ir;},,\L . ...;;. ':~;~-;~~?ii~~::" $19,875,00 ,- ....,. ~.{ '.' .. - . ',,: < ::;}' \~}}:': ., iJI!~. UIOOOOO ~ 2 . :2 :2UI 1:0 b .0000 .01: O? O.? ~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 - 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()/ , \ ~'r1 '\ ? .. " 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 ':r' " '7 l' ~/ 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 .~~ 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 f1 7 ATTEST: Sworn to and subscribed before me this~day of ~ ,2001. NotaryPU:li ~ My COl)1mission-E,xplres: . ,~, " ~l!)l> ~, ~.,...~,~. ~"'. = ..2 ~\( w :'\_\"':~~~ /. .. .. ~. "" y.... ......~..... -...... _.,~$ -"':I,....... --.._-- ~, ~ , /'f;:, ~\-\"'.....':_~ ,;.~... .'" ~"' 5 -",' ~ .. ,- ..t,...... .' '^ l.,. 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. :~, ,... 7' " 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. .;1";,. r; 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] h' JL .." 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 ,- ,/ By: Federal Employers ID Number: 5-g- ~dO tfcJ 7 r , Attachments: Exhibit A. "Scope of Services" .;~.. - ", 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. - ------r- - - _- .-,....;.;.._ _l~ - --------- ,'Augusta~ictimond Countv-- - - ---- -- -~ -1- - - .. . t ~ Finance Department, - " r : 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," \~. ".:\ ....~, - .'..'<: :>, ~\~,~:~\<.: . ~'. ,:'" ~'. .' ~ " ' . ,>'{ J.;; .... .-r ;' .':~.~~~' ;,::.;'~ .' ::;;;:'?:::~~~~';.:'~:;'~~:" {. ..' ,'-, . ..-. "1- \.>--~~. -":..~-"'::' . :i~':~.' :~;:".: . ....\.' " ....,... . .j:~(1;~~~I~ii~~I,lll;;,;:~1:i~:"~~14~tl':ll~J~1 ',:;,~~":'.:.: :.~",...:,:\~,,~.>:'; .' ~_...:;.;:~~~1'\"\:,,., : ,.'.". ,~~,:..; ..:..'.';l~_. .-:~.: .~' , '. , ' "-." "::';~2:~;(,:.J~~::,:;,~",~,~:"';')J.~<~'::i:::>~;"'<f~,\ , ~.., :"':',',:,,;,.,'.; . . ..:!'~ ....:-~. " . , ~\,~"~\:,\,'~~'~,;t~ . ';~ ',":'! . ,~f'~;:~;; -~~i\,;.';:i ," ,~.>:i:'N,' '~~,s~u~~~,~ .;; . J. .. _. . .' .... . . . :~-''''''''~'J:"~a-.'~':4...~~it~ttl:;''~..:.wl''.,,~,:,r.;~~~''~,\1'!II:il".!..\l'il:.i:Jil~~'!:.J'.d'!',1[~"'~~\l?iU,~n:~I';)~t!;rQ~~1r~~!.'t;;,~~~~;:lIl!.t.~.,~, ,;~:~:"J.:""'" " '" ,.;"- -',:'< :'::~,:~:.:,.:, "', '<. ,.".-;' ","," ':i ,1., '.,"" ,_.. '.': , ' . I:.,~: ',; .,~: ~:\ .:' ,,' . ".' ,:;::}~:,;~;t,;:'~-<''':.:", :,':' :':, .~~,. ,....- ," '-',. $150,000,00, . -.;,~. .~. '. .' .......,,- . -"r ,") ',~ . ," 1/.00000 I.. q 7 781/- 1:0 I; .0000 .01: 07 0 ~ 7 1..1; 51/- L--._.~,_,_",.~...:,:":.., ,..', i I , I ;;p '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. "; r~ f:i , 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. ~.. ~ ; ; .;:,. ~j :-, 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] , ..'~ ;, .... ,..:..i-: 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 .":').. ,~ t/ 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 ...... ~ 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 . ." .-=r ] 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: f[ Dee, dODLf 'r- ~ 'f"'"tt~ ~ -;:_..___"c. ~ ~ '" , ,., 'II" _ :::.. - ",.. . - - - ~ - - --- ~r-.: ._ - ~"'-&",",,~ \,....... . ~::: ~ '. OJ:~ -' .f ~..~ /...... ' .- "" - $ .~. .0" ./-' ~ ~.r~ & .............: ~,,, ~' I 'tOf"i ?: ,.:' \ '"~'iJ...~''' _,:,.,,4'" 5 _ ,AU9-~Ri~ti~O~~ Cou~ty_~ 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/' ,/ ..;.----" ~//? '/! ,~&;>0 ~ .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' ,,~~,_. !~ 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, -., '_ - __ -.-..: -~1- - ~- ....... _""; ,,- -.,. -...:.:.....:.-..-...::- ----.....-...... --....- ..-.- - ,----- --._- -- -_. - - - - --- ~_ 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 ... ~.~ J _.... ": 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 -=-- ,. ......';; 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 ~ 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 ~ 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 ~ . -". 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 '!'~-.". ." '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 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~ '- . AU . - N9t,apY'Pllblic /' ~ .:; My'Conlmis'Sibn Expires: ',() -......;::. ,. ~\,.J 5)~l ...~~mDJ~ \AlUlfi)'! 000l'gl& . ""..,~~U~.~ll ~.~..~ ...~ ~':4' ~~ <<. ~'. """. .f . 5 .;>> ,:..i..:........ .' /: ~'..... .... .. 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. ,~. r ~, ~ .' 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. ~ "y 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. r [Executions on following page] A. ( .,' 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: ~Jr DCA mmissioner , ~o (-- " 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. ..-'....~ ,. _______~~-,-------------L.~ - ,1' I ,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 @ Recycled Paper .: . ~ . ..,.:......"'.STATEOF GEORGIA ".' OEPA'R'TMEN:T"'OF. COMMUNl.TY.' AFfAUS',-, ;,. .",; ..., i~'g~:~"~~l~i:.~<,"'i:; ~~;', ... '~1 INVOICE . NUMBER. . :02-C-L~587' .; : i02-C'-L-590'.. 02-C'-L-591;' 02-C.-l.;-602' '.02-C-l-660'. .02-C-L-'94'4f ;', ". .. . . ~'..'. '., ~. .. - ~ Page 001' OF 00:1. . Vendor No: . 0000013727 Vendor Name:; 'AUGUSTA', R.ICHMONO'CTY BO 0 0000050418...., .. 08(31/200 t :$.1.90,000.00, ).i :{1 INVOICE: . DATE . 08/30/2001 08/30/2001' .08/30/200 j. 08/30/200:1", . 08/3012001 ;~8(30/200t . . . AMOUNT' . PAID, .' i j , " , 000028964. .. '000028951'" ,,:~. ., 000028966'" f: 000028974::- - . 000028977: . 000028971': .. _' '_'-'. ,'25:,'000.00 '::f:rr;~t~l:'ggg'::gg .' '. -', -~75: 000 00' '50:000;00 . . ~ . 25.000'.00 I. o 2~', 00.0:.00 . I::..~ . 1.0. 00000 .. .." 5:000: 00 f .\ 75 ~,OOO".fOO:''': i; 50~, 000.00 '. t l ? \. 1 \. f ': ;\\ f,' ~. '". ,~. t ~ )Ii ; -~ 01"': i.... I.., ! J "'- ~; ''',;"; . 0 . ~'.~:1~~~2~~;:t u- 0 0 000 50 '-t .8u- I: 0 b .0000 .0 I: 0 7 0..7 '-t b 5u- i 1\ '. , II' ;; 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~! ::~~!~. 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' '.:::,:O,8/03eO;i:;;(~,',,:??~0~79:13;' .' ,. " ~;~'.~:. "1.:,:...>:,:,::,'""~~.;:,,',:.;,:,{,,.~:,;,;',;'(?h{~t ":':;,,:: ....:. ..:~\: . \ . . . " ",. ,:,\:'::~~("1~:,:"w :~. , ,.' !.\.... ~,...,~ .'.:' ..(...;.:.,..... '''"'\!..' ..... ...(:.: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':' ':>:. ;'''::(..;,:'/;' j". .... ",'":1' ... I' "~,;/.:::';'. \-:~~ <,... :-;.;, ~ ';~,f ,~.:~:>.::~~;~::.~~:~., ,..~..,"~.-:. , . H . . ..;~~"~lf~ :--.:' ./::::.~>~.t ':i;':.' ;"'~'~ ,:.,i ,:~~':' , ....}.' ,~ "':. .' ~, '.:: :.~.';';:i.~~}" :.' '0',',., ..'.-,' l,~i~; ...' .. ',:';', .':" :<':'...:::.~ "..,;:\,;. . ~~ 1 $150,000.00, .'. i :. '~{)~ft}; . \~~~~4i .' 'i"".~.j'''' ';" '!j..\":~,'r: ,~~,;,;;,,;~,,",~ , :::'~W"""'''''':':"".; ;.. ,'::' .!' '. . '~:~~~~~ ~~!t:i~~' -:'~. .t.'. . '. , :~/\'~~::~;~ . .'. l:;' ,:f:;'.'~..:." ;\ ".;'." 11-00000... q? ?811- 1:0 I; ~OOOO ~Ol: O? 0 ~? ...1; 511- 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 ~. 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 - ~,- ~~> ...' , 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] ~ ~ 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" ~: .~ 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 ~. 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. <.\ ~! 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 ;- " 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 ,~ l' ,. .. ~" 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 " 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. .:.. n . ~ 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: " . '-., 'c. o 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. " '> 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 " 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.. \~~'b \::>'r'~,~~"'-r"- ~. )... 'Q -. .... ~ '- (... ~ ~'=\ <;) '" , \ 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: '1 ~~."';';y.O()+ 'r' . -" "",,-~, -="~Y"I;.'~: ~~ ,. '-'.- ~; --- : = ,.... = =: i": ... _ -"\"'t- "\"\;-: -:"! ~ .r: ...~ :;; -:.~ -- _...- ~'.;.. "~.1'- .--.......--<:-,-.f ;~~r~ "..~..""_...-" ,~, .lo.~ 1/1"'-; ~-::"\+'.",>l~' ._ - . ...,._::,...,_~:;o..-tt""~ 5 __.______~' L" >-- :' ,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 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 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 ~\ 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 ;'; ~.~ . ' i,.', ,~.. ':~:.t . ~:,X:: A TlANT A', 'GA" BANK 1100-1000, GROSS AMOUNT ,21 ,000 ,00 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 " 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 100i, 000:, 00' , '50,000::00 "::,40',000:.,00 >'20;, pO,O.OO 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: 08/21:/2,001:':.' ,000,028475,: - ;\.:' " '':,-' ":.' t ~J::~:~, ". " " , ''- ~~~~rL".., }~~;;"'P'l'~" A Noi.;'o'oy,d OQ!:Sf..,;**,,,,;;*i~~**,,*'*** *' " ;~:'~~~:'J:~". ':~~~.J" :".'i:;~?:f-Jl:-:;,~;::. ._ ". '-~. . ' , , ',:' ,: O'OOO;OSOt(20\: , " v;~~~. ~;:t~r&.1~~~~~%.13'7; 7 ~{~~~,~:~;~. : P~Y"Ex~CUY 'THRE.Ei:'HUNDRED: F;IF.:T,V.':''"ONE THQUSAND ,;: ,\~ ':.~ '::'.:~~' ~.:f;".:;'" '~,;':,(f':.~!.:':,'j:.:.l-:i'-' ',:~~;:~:~',;;.' $351 .000 .00 ','U~... , ~..,;;,\-.".-~., :ltg~;;"..;",Z'.',':'..;~, ,',.., \. ",' ' ,,::..,:',1,,;,;,',;:',":, ',',',';:.:,;!:~.i.~,.:,,' "!;i'~"":"'" ," >";<' .,~.{ t:~i(~:' ';:, :<&f~ ':;;,; "'",> .:~;t~i~l~)" ' . L, ,..., , " "'", . ''';OV:':;N~!~t ~t~l~~t~~€'!;j:;tf)~e':!Cl J~~~~~ '~~i."._.. .... . .::ri1:'I,~.::l'1:7,;-..~1~"i""":':;/;':~',i;!"~,.:~,,.;::;I';"!~,'::.::.';Ml{B'~:::"~~~".1.!JI~"';"':'~:\!r"".1;:::"A<(;t;;;.':,,:....~~\:l\"i..',;:1;~:.-"I;\r~"il:.:"":l~,J;"':'L.,':''j:''.;tr;~J",;,';':J::(.~';'''',~r.-'.1'':u.~~,,l.':w~'''$.w.rl:C'~''~'~t',~:~'l~~.1.~.:li"J.iL!~~-"ii>~~...~;\Vo~,~~~~,,~(..."tn:";r;.,;.',JlIoi'~i1':'i'rr.>' .' i ~,' 11100000 50 ~ 20111 1:0 b .0000 ~Ol: O? 0 ~? ~ 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 - 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 \ i \ \ \ ' ,. <78'669\",' , "1:,::t:iT€)~r~!tl 11-0 b08 7 :111- 1:0 b ..000 2271: 208000070 287 b"- IV~\ ." ~ -;.~ ;/{- .. 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: 1 " . , o o , Police and fire protection; o cI 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 2 ''''I ;.~ 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, 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 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. 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: 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: 5 _,~ ~'1~ ~ 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 .J 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 - .' 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 '; 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 ~ '.~ 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. 08/07/2001 12: 36, 7067240381 GREATER YOUNG ZION 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, 08/07/2001 f2:36 7067240381 GREATER YOUNG ZION 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 GREATER YOUNG ZION 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, ~/ R. ver d.Ke '1) Vlce-PresJdent of the Board ' <.."') CIl ,..., \'Tl "'V <::I CO :::c (J') <..u ,." .... > /', c..o ;;c -< N 0 O.J - ):>> cJ) .....11".,. :=e -f >- - -1 ~ rTI c:::;:) 08/07/2001 12:35 7057240381 GREATER YOUNG ZION 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 GREATER YOUNG ZION PAGE 01 @~ 'YaJUIJ:IZinlll~ffin",;",eL14.~ 5nlJ d d -r- 516 Folsytte Streej Fest Offa Edt 1864 ~ G:0.'gi3 xroJ FAX TRANSMI mli.:m 8. BhrJ, $/.. Paste( ~ ~ColR~ 1m-::> F~ res) 72~1 ' TO: 7 FROM:(j /~~dV2 DATE: ~/ 7 / 0 /' , COMMENTS: ( . I · ATTN: ;;0 d-~ Family Enridz~enJ h11J1lstri2s Pastbr WtlJim." 11 EWIl/1:J, Sr., IJiudDr , . :' '.:'. " ......... " . ') LJ -/?;:'(,,;, tJ/tCC ~ ~;~ / / ,.,~,~:.:;:A::, '..':,:.:~;,;:JF' .', . ," ~,-. ~".<:.'.,~../:/~: " . '.. , . ' .~ ~ ........ " .. .:?};;~;" , ., ...'....::... .~~. . . "' THERE IS (ARE) ---I- PAGE(S), EXCLUDING TriE COVER SHEET Plccse call us at the number listed above jf the pages \vere not properly faxed. ./mpacring Today.s'Familif!j................... Gad's W~l (Psalm ]27:1) " 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 @ Recycled Paper ............ ". ., #~'o#'.'; 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. ' ,f\;, , ~. '\ 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: 1 ~ , \ -~ o o ~' o o o ~ o o o 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; 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 2 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 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 ~ tp& ~i;.~~':::"~' ~,,-,. . i'~~-'~~~~~" .. l :....-...~... ~~- ~ ,;..:..: j : I _ .- ,.-- Pi ' -;:-',,"'... -~ ~..<( ,.,oIt' ~ _;.: ~ '_ _~ .:, "c,' ~ 7r-:>- "'....-............ ../,,' .....,' -. .J;" r{%, %,'$" , 5 ------------:--:-: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 ? ~ n ~:: ~:~.Q:~~gg'~i'i~..ISS IO"E'~:;;,~'-!i:;;;;;E:~~;~:~:~~~:~i{A,\~"si;;~i'~i~~~~~~~;~IN,~:\~[\!~ii:~6fgg!~ , 'GROSS 'AMOUNT ( Plf;~~N~T.~,. '. ';;f\:'~~~PDNT,..(\;i.:.;';:,~ 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,,, .~ .. ~. . ." . ~.t. . ".." " ',..- ': '::'..,~. " .~"\ . ;~~(~~\;;:,% . ....r":"'.:.':- .... ',,'. . "-:',\:;:,~"::~ "-"...~~..',~, ;'. ~:l ,_ . h,~ ." "', ".:1iMEN,-mij:OF"fCOMMUN,m?f!<,~f,'F.AI ',', O';:,E>CECU.'h'fNE::t'I?'ARK''''S'OUTHI'lNl E' 'ANi:rrA'," "'3~ 9',,2i:J;::J~ .,.-;;; "t; ~'.;:. . ~~.:. . "!'~J/;,:~':~1;c,i:~~ig~ili:4J;~rrSk,i~kW!t'z~f~t0i;"';,,,;~::!~ ."- :~rf;:(~:~ . "...., '--, ~- . -"," ", ..~ I .,,~~,~~~~,~,~.:-,,_~ ",\J "," . ",> .' ,'. - ";'~;:W;~{~~;i '(f\J~~' ~~;""'"" ",c~:\:' "r,lt,.~,;,l ~:.~~~~~~.;;,;.._.~. " '\~., ". :.;..;fj.":'i f.:~: .:.' .:.:.;.. "'. , .'. '.' ; 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 "r 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~ . - - :.: .I 5 ",' " /,0, ~ .- '.'~\ , d ,:r. I .~ /' . I \ "- 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 . .>, i" '" ?'~;'!~fl~~"?1 , .... . '. ~ ',.., :"~'?':,.:'~~ "~ " ;,~,~,:~/~~; ";~r,;:.:'.: f ..:.. - " ''.':~'I~.'" ) "' ',~: ".. ~ .' ,."" , . :': ,~~,;:fi~i5'f:.{':::; . " ; ;.\: ~ ' ..;',:. , ~.: I_:'~'';:~ >/f::;': ";'J."- ':,:1 ::'/~' 'i\SiW~]E.'OE;iG EOIaGI~t.':'0 . ~'; Il EP'A R;iiiiENii'ffoF'fC'cl'M M U N'I::r. YlNAiiiF. Aii \ ;71<:60 ;;EXE C U,Tclrv Er;)?'A R K, ".sou THf1N~. E'. . >.I~'''"::~~I~30 ~2'''; , $150.000.00, ,/'!~~,':.,',. JJ'." -- ~:-. '~~~~;~!!fi !1~~i~L~i~~ ;,': ';'.>\- " .,. ",..~., :,.~;:".~t::,;."" ." " , . ,. .... ,.' ,'. .~. 'io . 11-00000 L. q 7 7811- 1:0 b ~OOOO~OI: 07 0 ~ 7 L. b 511- L--____,__...::"....:,:'.:... ' 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 ' Pleaseprint)~/he5' P ~/3j,f- Address dcfJIJ 8 0 )( 'L..) c) () d (!-h jJIJ./W 0 ,Qi ~ q-f J-f) I Mv commission Expires January 15, 2002 . 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 --- , , ,J 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 /<~{;:~:~ri\ = : : = ~ ~~ -- -= :;;--<: ~ = ~\~;:_~~;?i 5 {) -- - - 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 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' ,,,,,;;.:~: -. ~S'gnature .',' j:~?~/o'~.:,:eH~9se print) '~/?}es' P '~qj,-J- ~ , . :- _ ^.... .~ ~ ~v f ~;"f"'~~ \:' l'i~;~'~i~ %d cfJ '7 ' {3 0 ')c W () 0 d (! ~ ~~~\ -:- -. ~J;A' . .:,,::;: $ p (\ () ,.., fJ 0 ~\~~:::.:::~..~. ~ 'i:lJ/W ~~ QV_~. l-f 1--0 J '" . ." .-,..., . ,-. 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. ~-. ~ 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 ~ '... 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 ,,_, ,):{; t ":'-.~': :"~". ' :~ ": < , .. '. ,.;- ." ";. ., ',';, ,.-. "; .-",'" .-.:~ '," III 0 bOb 2 :llll I: 0 b l. l. 0 l..:l 7 5 I: b a :l 0 l. ~ a :l g ~ III ~ ~ - ~ 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.,-~ . p~~ .... {, 3D 90/ . 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 My C~l]1issi?9 !xpires: ~ f)~('~"",aoo1 ....'"../'-~ _ _ ~~:-' ~v": ,." ":. ,..... = ,=' " .~ r': ~ .-.. ~,. -... -,..",--: ::f = .. .. _:, ~~ ""I..-- ... .........; , "Ir ... " ~4..._ .._:/'\_~ -~~:4~;' =;; ';~~~~:i' ......,,' rf' 5 .. .J'....'.. - '... ),A 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 .....-~~.. f"- , , "'~''''':~lirl ;1~1'I!.: ~, ',,' ,I :-1 "~t ,'~~I ~~'il .}.'i!1 :r~; $390,000. OO~~! ",-. ."1 "ill ";~i . '. ~: '~\'iM"':vII'Il'\'IPIr.I:1!Il':\'tn~'l:,IGo\'~~::~~~lT1lllll1ll 1110000050 2 ~ ~1I1 ':0 b .0000 .0.: O? O.? ~ b Sill j .'" ~ 'f , 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 ~bSc:. -I ... t ~ T 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: 1 " .. 4i i' 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 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 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 ~ , ,~ 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. 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 By: As its Mayor ATTEST: Title: ATTEST: Clerk Sworn to and subscribed before me this _ day of , 2001. Notary Public My Commission Expires: 5 ~ -. '. ..I\- -. 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 ... 'J (, 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 ' ., ,~ 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 ,.'.. STATE OFGEO,RGIA GRANT CERTIFICATION FORM / ,7-' OJ 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. , ' -'" ~ _~ I t'; .. " 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~. $ . 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. .4~-;--;;; ~ -, ...'" >> 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] ,t!'" :-~ 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 ~ By: ,.r.;" ,~ .if 41 ,,'''' -. 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 ~ "~ )" ~ ~1:=: ~ " 'i · 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. ~ ~ ~ Grant No. 02-C-L-130 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials. agents and employees of the Recipient have not violated any applicable federal, state or local conflict of interest laws; ordinances. rules or regulations, including but not limited to, O.C.G.A. ~45-10-20 through ~45-10-28 and O.C.G.A. ~36-67A-l through ~36-67A-6 and that the aforementioned parties . I. 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. "\ ~"~ =- ;' Grant No. 02-C-L-131 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, 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] '~ .'"'" .... Grant No. 02-C-L-131 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: ~0L7S1 . Mayor I Federal Employers ID Number: .5 g- :;);;)tJ V:L 7l/ Attachments: Exhibit A, "Scope of Services" By: ~~.. , - ;" "I _~ ... Grant No. 02-C-L-I3I Page 5 of 5 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. ~. . 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 " , 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: 1 ct! 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 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 2 t- 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 \ 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, 3 ,. .. . directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City afLaGrange, 153.Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church; is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life 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. . 4 ... r,J ';,.. 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. ~/ CSRA TRANSITIONAL CENTER, INC. ORGANIZATION By: a As its President it 136~ ATTEST: './7f/ /17~ Title: S retary A 5 ___~_' f j-+ -, .~----r- _,. 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 ~ 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 \ . Signature . (Please print) C\..,p"",,\.c-S "1,,,, ---\"'~\Of"ro.C> ~~ ,0. Address \~,+5 ~,,\.=.A.~~,,"",~ ,,~. , ~~a\.a~~ ~ "'~ ~Q't" . \ . . 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. 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. ? ..' 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 $40,000 in Local Assistance funds for Richmond County has been included in the Fiscal Year 2002 State Budget. The attached contract when executed commits state funds for operational funding for the CSRA Transitional Center, Inc, in Richmond County. I must call your attention to two provisions in this contract that based on,advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contact. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it' by signing and returning both copies to me. I will then sign for the Department and return a copy to you along with a check representing the full payment. Please note that your Federal Employers 1. D. Number is required to process this grant. You must enter this number on page 4 of the contract. The Department of Community Affairs is pleased to assist the General Assembly in the administration of this grant. If you have any questions, please feel free to call Bobby Stevens at (404) 679-4943. Sincerely, JH/ja Enclosure cc: Richmond County Legislative Delegation J J--ce--l'3 &, EQUAL HOUSING ~ OPPORTUNITY L..::J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportllnity Employer @ Recycled Paper >\:JaLl8 :aJnsopU3 'no!\ >\ueLll 'lUa!dpaJ l.pea JO! pJeMe lUeJ5 lelOllUaSaJdaJ sa!uow asaLll 'MOU>\ no!\ S'tj OOO'OZ$ ZLL-l-8-Z0 ooo'Ot$ 9f:L-l-8-Z0 000'09$ 999-l-8-Z0 000'00 ~$ L ~9-l-8-Z0 000'9Z$ o ~9-l-8-Z0 000'9Z$ 699-l-8-Z0 OOO'SZ$ 9S9-l-8-Z0 000'9Z$ 06f:-l-8-Z0 ooo's $ 99Z-l-8-Z0 LJO'O ~$ 9tZ-l-8-Z0 1- ""....u'UOO'S $ ~f:~-l-8-Z0 000' ~Z$ Z~ ~-l-8-Z0 l.NnOIl\l\f H3aWnN IN\fH~ :slUa!dpaJ lUeJ8 a:JuelS!ss'tj le:Jol 5u!MOIIO! aLll Ol s>\:JaLl:J !\luno8 PuowLl:J!t:j-elsn5n'tj anss! aseald 'sJ!e:lJ.'tj !\l\Unwwo8 !O luawl-Iedao aLll WOJ! 000' ~SE$ !O lunowe aLll U! >\:JaLl:J e S! pasopu3 SpJeM\f lUeJ~ a:>uelS!ss\f le:>ol sJ!eU\f ^l!Unwwo::> !O luawlJedaa :l.::>3ranS l-OOZ 'vz lsn6n\f :31\f0 UO!SS!wwo::> 10 )fJal::> 'JaUUoa T eual :WO~:I JOl:>aJ!a, a:>ueu!:I wpalU\ 'swe!ll!M euuoa .slI\I :01 wnaN\f~OW3W 8ES1-1lS (90L) X'ifd - OlS1-1(:S ;C90L) . n60E ''if:J ''ifJ.sn:Jn'if - 4aclJ4S auaaJ:J OES I . 6u\pl\ns \edp!unW - 90S woo~ >\Jal) f4ndao !>\sMeJOW AJueN UO!SS!WWO) JO ){Jal) )W) I JauuoS;f eual I ' U~I.UO,:) IO >\Jal':) at.Il.10 a:>!!!o ii, ( ~ .115 r;:J ~ i. ~ 0 i. 0 :.O~ OOOO~ r;:J 0:1 .1102 ~ 0500000.11 ~,;t1.~'1:k."'_ll"'.\' 7E-:!\::, ,,,,':i'.t:..1~T\'.;';::'.~::~:~, 'IH~\ ~ )":.::h -::.1.t':';:':;~~""J:jolf'~:~'~:7:'.~il;to.,~~~~- ;r:.:~'i :':~. ,,' ~,' .,.; . ,,,,,~;!.,r;i'~';';;::;i;;::'C":,~~ ---~G~~!r~-i~-~-~"':'~"= 7.~ .;t,> '1;~\~>~\52), ,". _ ..~.~~.j:.'e'~":. _~~~'~'~" :.'...":t;:t~;~,. ...r~:'~.~'i,~. ..::~ . ~. 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'69V8Z;0000.. ,YOOZ;I ~Z;/80 Z;/.I>8Z;0000 ~:OOZ;'NZ;180 99nZ;0000 TOOZ;/~Z;l80 'l>l.~8Z;0000 ~00Z;/~Z;/80 9L;~8Z;0000 ~00l;/~~/80 E/.~8Z;0000 ~00Z;j~Z;/80 .- ", 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 ,,~~ ,.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 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 M... ~ -, -. 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" , ~. , . /. ;t. 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 '>'~'&gt.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 ~ . RINGSIDE f4l 001 RINGS "THE BES 9650 D. LENEXA,K IE INC. BOXING" LANE 6215-'1152 May 6, 2002 Dear Mr. Moraetes, I would like to thank you for your recent boxing equipment quote request (Order #520117)) which totals $2,500. Ringside is the sole source provider of the equipment that you requested. As you know, Ringside has been in business for over 20 years, and we are committed to being "The Best in Boxing.n Please don't hesitate to contact' us with any questions or concerns. . ~nCerelY' Dan'in Clauder Sales Coordinator . Ringside 877 4BOXING 05/06/2002 MON, 13:47 FAX 913 888 2198 .' RINGSIDE . .RINGSID~, INC. , !l7650 Dice Lane _ Len'exa. KS 66215 , 1-888-4-BOXING ~ Packing slip L:'""fflr:1 Dl!~~ -:-.."'- _~~~~UOTATION. EXP 07106~'rJ ~ ~"".~,.I.'_'.~/lmU~ 1Ir-.'.'~~. _..~~-~~..~ ~M....~ ~ ~ . L. _.J -1_.__1 (706) ~33.7533 I 0.0 Lb."J.._cJ._ 01 UPC =:J You may also visit us at ourwebsite at www.ringside.com!. _.!~!:gRTANT ReTURNS INF.~~ ON REVeRSE SID/! 0(1 r111$ FORM Tom Moraetes Georgia Amateur Boxing Assn J Augusta Boxing Club . 1929 Walton Way Augusta, GA 30904 :_ 1-::: ;, tL:~~""':"':i ':..: t,: .~. :~rnh~' ~ .:', ':. l:~.. l~ :'!'~~ Me888ge: Thank you for your order! 14]002 .~ , . . ~ .~ 4i 44.990 t. : atv t r . Br.o~{-. .~. ~~'f~~d '. . Irr.m # II . . I' .~. lD~:jc.n~tlon! I I.,.":' :...: ~,l 'of, ~. r~~' .:~'/~ ~~\~,r"!i.l. ~n~~:,',{:u~U';~'l'~:<t~~\sJ.op~~~r~~~~ ::: ~~)(.. :';iITE~l;~;g~i:~:;;;~;;~'f:;""J,:"! 'tMEDIUr\ir- RED,.pi3~.;! .... 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KS 66215 1-688-4-BOXING r~T~ L ~.I~ Packing slip 'Milillo"" ",', IMPORTAitlT ReTUllNS INFORJl!AT/ON ON Ql!Vcpt;e SIDE OF TJ./IS ~R(If Tom Moraetes Georgia Amateur Boxing ,AssnJ ,Augusta Boxing Club .1929 Walton Way Augusta, GA 30904 1178 DR lOR AM/EQ OUOTATION, EXP 07/06/02 r. ..~u.aW;'ilia3l1T.""'jl !'I~~ ~;6)'~33 L~8t~~n ~-, You may also visit uS at our website at www.ringside.com! MD~~""gQ: . ,Thank you for your order! RP 16E+i::.,t~;{ .'C,:.~.~'TRAINrNG:: stOVE$;::".((~':::" <:r;.:;':'d;:~:';":t"I..',,,~; 64.990 1259.9 .:f. ",:: ,'J'. .., ;;;~~'~~?~~:;1k:;r:'il;r"]) ;,;.:sAF=.~TY'hi::oVE~:12: OZittEDIWHrrE ;;~j:;;:": ,:tfp'i); : ':., ) <~?:~};'\:~,::,\~} ,(~:.;: ;;:'<.. '::SAFETY GLOVE 12:0Z BLUE/WHITE :', ::;\;p ?1i /, . iEi,::, \:"i 'J:f': ir:: .,:, ,. '::;9R'.f.I~NDWRA~; 1 O'l?A.IR;~ACt<,;:. r'~'..~ .::,:~, ::;~. t';-' ':'., ~,' <:'::: :"~':'. :.<:'1 "11.' 64.990 129.9 120.b~ 120 of 89.9~ . I I ! i I RP 18E' ,~..~. SGA 12;RO. ~:;t ~ .:'~ 59.998 SG~ 12,::B~: 59.998 --, , ! . i j I L t:' .;:'.~ II,' : ", ~ ~ 29.990 " . ~, . JRHW 10{:; :.:,,: :', '. . :;: '.: :"~.': .' ..:.-....;,. ,.- .', ......:....... I ! i. 1 l-_.,~ /" : RINGSIDE~ INC. 9850 Dic~ LMa LanaXCl. Ks 66215 RINGSID~, INC. 9650 Dice Lane LenexEI, Ks 66215 05/06/2002 MON 13:48 FAX 913 888 2198 RINGSIDE ~_I jRINGSIDE'INC; 9650 Olce Lane lenexa, KS 66215 1-888-4-BOXI NG Mail:to - ' IMPORTANT RETU'}.':'8/NFORIlfATlON ON REVERSE SIDE OF THIS FOFlM Tom Moraetes Georgia Amateur Boxing Assn.l Augusta Boxing Club 1929 Walt9n Way Augusta, GA 30904 141004 1 I I 1178 AM/EQ QUOTATION, EXP 07/06/02 DR IDR 11 l;~r~-l UPC il .u:rii".w:ffi.~IIIillIr:1 _illD11"I'3:Mm11lI_1 (706) 733-7533 Me:!>53,gc.: Thank you for your order! RPN F S}"i':"i';";~~,~~ REO' NO~FO'UL" PR0TEC7fOR;;p29:{,,?:,,'H~:f:"X~~ i.;;. :::::" ';~tli~~f~!~;~~~;~:~:~f~~i';:,;;'.. RPNF X ,'q i';:',FEO NO :FQ,Ut:iPRqTECtQR':'p2~:'!,' i,.' ::.:::)~~R~E (: ::L, .,,>~ .. ",..: GAP S:.;:; ,. _ >,;"LEATHER SMALL GROlN/AB.~,i; ." :;1 . ,;/PRo.T$~Tci~ ~'~Eb ':>?:.('<~l '" .' :, ~ '. ~~ }'i'::' .~'.:'.t:.. "". " :. I '::'~~:'<~'\~:" , :.~~;~;; _.':.~"~'/. :':, ;~~,L ~ ~ }:~~':.~~.~" f.~' .., ~. ,;,;.:" ~ dO . .... .~ .~": .._- . ..' .... . ..' .. . '. ; ... . '-~' : .. ..,.". ~. .:.:. ""':.'. '.'-'.' t~. : ~.~ ~ :~.~.~ .... .J....' ..:'..:..... i RINGSIDE, INC. . 9650 Dice L.3ne Lenexa, Ks 66Z15 RINGSIDE, IN~. 9650 Dice Lane Lencxa, Ks 66215 .. , . 44.990 89.9 44.990 89.9~ 44.990 89.9 44.990 89_9 14.990 ~ .44.9 I i i I I I I I 1 _.1..._.... ., ::!~hj~;t~':;> .: '" .,:/: ;.r;:. ,... ;.,:;;.;:. ;:~'\.::::.:>/:i>:i.}~1~ , ' 05/06/2002 MON 13:49 FAX 913 888 2198 ::- . ': ~ . RINGSIDE 141 005 I_I RINGSIDE, INC. , 9650 Dice lane . Lenexa, KS 66215 1-H88+BOXI NG . IN WHICH II1QlENT , ANt) SUO( rllC1N8 c;Nlll'COT PRcm::c:r WAAAANTI~ OF' ~ua:WENr wu." aox. AJ).~ nm lllPME,NT CAll~Ot [ ~~.,~ Packing slip . IAfPOR'J'AN'J' RIiiTUR./oIS INFORMATI9_"! ON REVER!!.E SIOIl (>FIHI8 FORM Maillto Tom Moraetes Georgia Amateur Boxing Assn.! . Augusta Boxing Club ' 1929 Walton Way Augusta. GA 30904 r"""-~.;=.:-''''-- ~'~I~ QUOTATI~~:~07106/02 , L '~~-:.~._..n- L ~~ t ~ ~~ Me~~;ig": You may also visit us at our website at www.ringside.com! -, ." I ' }~rm~ ' ,i :,.:" " . Thank you for your order! C:1'Y t t 8/0 ..;nll+fltl, lh:n1tT II " ! -: -" - gea.:rlptlon! ~.' 'ooi., ~..:' "~IJ1.itPric;c ?IU. Exlim~lon ,.I:~r7~;~~1 .JR7 ::.. JR8 JR9 RPS8 S: GAP M ,,:>:(:1~):: ::"c;TtEATFlERMED: :GROIN/AB,'~;.;':?F;ttd~';';':";:~..':~-~:::i' GAP L .~;; ~ni.;';' -:;;~)~?~r~~~r~~~.~~~~~~~~i{ri.g'i!~i;~;,}_'\.~;.'.~:.::j~ :,:' :~;;; P~O'TEC.To.R ~"REb ('....,: ,::~ {' ..,': vJ~. ,'~':':' ..' ,.;" ,~,",'.' ,l". .r-, ,... :'':;71iiFTJUMP ~(jpE .,i:~,);;:, "; :'~::~81~rFf jU~P!~~PE .,"~';'I,.. /:::;.~1tg:Ff JU~P~~O~}~ ~.;.:~S"X9!' SPEEDBAG;~": .~..,. ': 'ir~PEANut B~G.i:\; ,',.: I:.~":.~. :~.,. ;:'::':.L(:~ !. ,. . ~, " ., ~ . 14.990 44.9 14.990 44.9 12.990 77.9 12.990 77.9 12.990 77.9 34.990 69.9 I m.L 1 L__ : RINGSIDE, INC, 9650 Dice Lane LeMxa, Ks 66215 RINGSIDE, INC. 9650 Dice Lane lenexa, Ks 66215 05/06/2o,O~ ~O~ 13:49 FAX 913 888 2198 RINGSIDE I4J006 ,_. .1 I RiNGSIDE, INC. 9650 Dice Lane Lenexa, KS 66215 1-888-4-BOXI NG Mail to ' C:" Packing slip .~ . /"'t'OIn"ANT RE!.URN/I; /NFOR"1ATJO/V ON Rt!1IER$~ $/Dti 01' THIS FO~M Ship to Tom Moraetes Georgia Amateur Boxing,Assn.l Augusta Boxing Club 1929 Walton Way Augusta, GA 30904 ....._--.~.- 1178 DR lOR AM/EQ QUOTATION. EXP 07/06/02 ......1I~~d!!I.. L__ I~_. (7;;;;;~;~3 ~;;r~-:J Me888gl!l: Thank you for your ,order! aT~'( 'BIO,.' '~I~I~lH":I Itr.m~l i';.. ~~ 1 Dt:'~c:ript!9n . I... . ... '.' ..'..:',.:...'f.U')IIPr';l,;~ r.,lI~";..'.'~Xlc:,)!'.lon '~~f.1'~~'}1~: RPSB M ,:;~:i;:F; ic'~~r~7"X:fO"iSPEED'BAG:::i)::\':~:i,~, .'. ~;i i.~h ~;::~,::: ::~~:~s {< >.t.':::~; .;, 34 990 LSBB S:( :/,H;~;.: ';:; SMAtt'tA'T$c SPEE:DBAG'BtAD9E(:(~';< .? ::: 3:720 LSBB M' ;~: '~":; MEDIUM' (jiEX SPEEDBAG BLADDER ; \: ." 3.720-- LSBB ~~ ~,;~ '~.~~GE';f;AIEX~PEE~,~~G Bl:ADOEft ~', ,~:' :,~ 3.720~ ._ , , ~ ;:' - _-.. ; ~ ':' ,:~ .' -.. . .'. ,.' ; MERC,HANOISE IrrvOICE OT $ :-:". '.~:, , - .,:.--< ','- ,:.' ':SHIPPING&HANOLNG$ , . .,,' , ...., .' rOICEr.L$ j I. : .! . I i I ":.'>:("_~~_~:.2:_,_____._,L_.. ......., . 69.9 11.1 14.8 11.1 2 70.5 29.4 2 00.0 .;' RINGSIDE, INC. 9650 DlcEl Lilne Lenexa. Ks 66215 , " RINGSIDE, INC. 9650 Dice Lane Lcnexa, Ks 66215 --' ,. ww-..v .augustaboxi ng.org 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 ""\ .I' " "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 ~td: ...... , ,;: Ii. '. I " II " 1 - _ -~ ~ j _ -, I _ I 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 ... '" .' ,;' 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 Z 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 t.:l 06 JnteJnatlonaJ ~ Baml Z ~ 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 .u 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 :J lawnDn 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 ,', ,-:~ ":.:. '",!;'1. ..,i!l .. .,'-. L..:. .-.:::~t.~ 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 '" .,'\1/ . i,',: " J,i ,~. .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 .";" .' , . '::.~~..:~; .. . ~::~~~{ 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 .~~~~.!',~ , ~J\ .;- 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 . "'\ '1.,' <:;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 .::'4~" . . .,.,:~\~..",.,...., 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 ~b Sill ,.~.: - r.., .' 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 l'. t.:.. " o 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 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. ; ~ f' 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. : <Ii,), ~"~~~~~O'i~1\\~' . ,~\:: ..' " ,;,... '. . ""I'''Y totlioOrdilroft::.BOA'R 01:, OF; 'C OMM'ISSiI.ON E RS,I;,,~ (;j:Jt ,~:~~;." ;tWl;f,'X~i7t~;.~~} 'C!~~A(~:~~' :.,i ';," t' P"Y':j'<~CtlY T.~,~~::::'HUN~~5~".~~.~:,J'r-~N~ TH(i.~~~:~D. , ,;. 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 ;.,', ,. j-.- ~. , i. ~, ~:.:.~.-: .~~.' :-...., . ~\' '-:..' 1" .' If:'. : .i ,. ;:::".: ,. t." }.:: n~ :":'--',. ~;" ~':" " ~ . !t.,.' 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 ',.. . '. -' j~ , ~.. . J ..... ',' '. . . :oo0ooi20'; .. ,.' 'ChDCk:No. ..' . . ~t~~r N~~~;~::~g~~;13.7 27' '" :,J>~,':':""',.E,':;~' ._ ~.;"l~. . ~NOi.:'OOi~d OOU;~;'**:'*:*,*I*.**,*'* ** *, . ~.;;.~~~~\;;~\);:... ~ ' . %i;t',. . :"':.'*~~fW;;r.t"'" .' $351,000.00 ,::.:u~.. - , ..' . ,;:::S~'j":;."",, "'c. . -e.,..,. ';;,;,,:'\ )::c(.. ':;';~':"i"::"?".' \ttf:}~;' ( '. .. ;;;i;;:r::i~ ..:r:'~~~tte/ '.., .... ~".,.. ~;~E~:~:~~~~c;!1t~!i~:_~~tl~~~~~,,~~~~~~".,^" ;-.' 11-00000 50 ~ 2011- 1:0 b~OOOO .0.: 07 O. 7 ~ b 511- .~... ,... ~ STA TE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this:L day of June, 2001, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUSTA"); and NEW HOPE COMMUNITY CENTER hereinafter referred to as the "ORGANIZATION"); WIT N E SSE T H: WHEREAS, the ORGANIZATION has submitted to the Georgia Department of Community Affairs and to AUGUST A a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, AUGUSTA deems the services to be provided by the ORGANIZATION as essential and necessary for the citizens of AUGUST A and acknowledges that the ORGANIZATION can provide the services in a cost-effective and efficient'manner; NOW, THEREFORE, FOR AND IN CONSIDERA nON of the mutual covenants and agreement between the parties, it is agreed as follows: I. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of$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: 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; 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 2 't -\ ,. 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. 4 'i' .. 0 '. ~. 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 ('J ~ 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. J. '.~'; d ~ 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. ,~'( r,,"; 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] ,,:~ 'ji 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" ~~ "'- '" 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'!;,' ~l2'JiV1~:Vt:;'r' ~t~! ~,~_:(:;;I/~_"~l~~ ..' ':::i' "'~~r.~'\ . '. ,.h I~.' ,1.\, ~'l'" . '.~ ; . I~NT .c9.!1gT;~OU,t.!=~!'. ,,:~ !'".!:. . ",I,i~i{:1\::/ ! ~ ~:'~rt:gIq;i;~~~: . .~,.#}~::;:~~~!~:'- . FIRSli'UNIQN,NAi10NAiil:sANK . ';;_,.,'\:A~~USTA,.GEORGIA:, :.,:' ,". ."<;, '-. ':;' . . ~ -. ." '-' -'.> ..( 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 .02-C'-L-58,7: :02-C-L-590. . . 02'-C.-L-591 . 02.-.C~L-602' ,02-C-L-660 :,02,-C'-L-944; " .... ." STAJE OF. GEORGIA . 0 PARTM,~N~r;OF.::CO~MUNI.~Y : ;':'~,:!",';~',:.~::: ~.t L'A~ !.~', GA; ':(>SANKf 100-: 1 0.00 .'. -,'1-t' ,>;, . . '.: .";: ;~~.,~v,':~~.. ,j.~ffi;B'~:,.~' . ''-' .\~ , Page 00 1. OF 00.1>. Vendo;No: 0000013727 V~ndor Name:' AUGUSTA R ICH.MONO'. CTY' BO. 0 AFf.A,.IR~.':> ,..... . ~. .".' h~' ':.\: 08/30/200'1 08'/301200.1' .08/30/2001 08/30/200:1". 08/30/2001 08/~.0/2001. . .<'GROSS ". . AMOUNT' ...0006;2896'4' ",'':',:;.;:\;'.';';5';:000'.'00. . 00002895 F, .:"'" ,,':'" 'i:/i'", 25.,000..00 .' 000028966 'n ;.... ;":".:::~><' 10; 000';.00 . . '000028974,."',:: ".".;.',' ;'c: ':.....5:;.000':00. . ,.' 000028 977' ,....~..:;... '75:.000 00' ,00002897J\::," '<P)..;~:i.'50:000<00 . .i' ~ -, ~... ,i! ,", . ,;,. 'l" \i " v- I 1 : 25 000':60' 1 25:000,: 00 .}, . ,'10,,000.00, ;- ., 5000 00' : l 75,: 000':.00' l,'; '; 59';.000'.09' ,'..' ",' ~ ~, ; . ." :f( 'J', , ~" " ~: . ! ",'" ;,' t, . :.i ~~ . ~. . ....,-'."... . ,. c" . _,;'-r :.f.., -~.::;'t:i:_\,,;..:' ,;. .:', ,~, . r. ....... ~ -: c ~. : ..'H',.....Y " ~.' .' . ,- '. ",j-'-.:.." .",:". ." ~. (::. ,I '7 '}S~f:,' I '~.' . .t .~ ":' t1 ;'.'. ," '.',' ~ 6{of;d:;':?~ . ;';.. i..{ :.E;~..':- ~~j . ~'<~]~~0;r.::'}~1 .: ,0.' 0, ,,];8;~'J~t:~1 ;j\_i>J,.,Chock'No" .,,' /..\~",." '~"".JI vZ~~';~ N 0''O06013.7'27/'~ ::~I :~1:it;." - '. ~.~~:~:~~~- - . :;~j ~,:1f;i $190,000. oo~tji ',c'~j~;-;:'"'1~;;f{ ~~ ~:-'~'\::: '<~~i "~'e"!~l~or_""~""'~~;~:"';~i:;'.~]i' 11.00000 50 ~ ~BII. ':0 b. ~OOOO .01: O? D.? ~ b 511. I~ . . ~ ~ I::. , o'l. ,. 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 ~#.. 'i ,~ 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 ....... . ..J"?;I.'ii;.. _I 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.;' ~\ 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>; .' .. .> . 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: .... .0':00,. 0::.00' ..0,00. ;..:.......0'..00:.,.. ", '.. ," .' . ~ ': (. . . :" :. '.. "'., . ..~:~~*{ . . 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.. . ;~~~:: :~;2d~~ . $351 ,000 .00 ::.,,'5(,,:.. .,;~!)'f;':;~ji~. :i;~};;~ .'.~~~J~W;k;;. :::;7::>',:.:~':;'" .;.:'''~,., ..,;~'. . \ll~;';~' ~ ':~~ '-.:,:;".:: ,..,~~,',~.: '~..\-.'~.:.;..'.~.'~.'. .'... ~..:,.",;'::..:~,:.".:'.;':,....;..,.~:,'..:_..-.:,.", ~- /.' ;'.'_:~ ~..;,::,;.:..:...":.:,:','.:..'.':,'::,;' ~.;;~.,:,~:','. ~~~~: .. .;...., ':",...",,' . .." . . .~~~..~.;.;:..;;~.:.J~'~-':':l~~.'.f:. ' ,'. ' : , .:" . ' ,"::.r~,::~:,:;,~,:::lfj~~.~,~;..,.~,[::;''';;;:~J;;;''-~L--',",-'',,",--~"''~ 11100000 50 ~ 20111 1:0 b 1.0000 ~Ol: O? 0 ~? L. b Sill , . ,,=>.. \ (~~- <, . T '" 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 .{0 ../ , .. _/.:or' _ ". . -.,-.. ) r; ! 'f 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 . . /'- "'p~ -~ 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 '~.' ..'. <~c . " r '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 " ~ ,. ... ~'. .,. '- '"t'- '.(~ J' " ~. 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, ~ ~('\9 0 Y-. IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. AUGUSTA BOXING CLUB ORGANIZA TION By: ~-YY7d/~ As its . t=- I' e (' ~ + i V ~ () It" e. c..:-t 0 ('" ATTEST: Title: AUG cfJ Sworn to and subscribed befor ,.;lle~thisd~/fiIay of ,~ . :>'--~"- '2001. . ~ ' ./. . ~.: - J/ ~) /- ,/ ' :',~ ';' "V;~ /'t>>cLLW4- No.tar,jP IC-- : : MY~~~I)1:i$Ji.g~ f;xBir~~~;.. j ~'f;trlblJ~, "COlilT'nhl"'. 901'~. Geo,:gia My CommiSsion ,Expires 'Aug. 3. 2002 . ---<~~~.~~~_....---' 5 l I ~..... '~;' 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 ~ T " 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. ~ ." y;' . '" 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] ~ 4 ',- 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 'I() /J, t/,> By: I (fJ1/J LA--' ./ Mayor Federal Employers ID Number: 5)5'- 2J:;)lJf J 71 Attachments: Exhibit A, "Scope of Services" MENT OF COMMUNIlY AFFAIRS By: f .' :1"' ~ !'; 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. f../j'1" .;. ~ 'j' " --- ~j- -.. -~~ - 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 "" 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 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 " . .w' '.~'.": .." .'.":i;''fjiXII~24)~':!;i': ',: ,REGi6NS,BANK'OFfGEORGIA\. , "AUGl:JSTA';.GEORGIA ~ ,.' .'. "',' . ,." .' . . . '1".''' :"i; 1110 b 0 l 7 llll I: 0 b ~ ~ 0 .l 7 5 I: b a l 0 ~ ~ a l g ~ III '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 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> .~~- ,t.,- r '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 I-- ePo.-- p Lc:>?Je. / G( ofe (?f0'V L OJ f"C/ 9 ~ if I / ( 0 t.., f ( e J L t" P/' Sdl-e ~ ~'/V/ f f- 4 ('der er,-,;;HeN A or.---/- J de/' ~ d(/(~Je ~{' P1( UJ i C-L r .~ f --L f/JV' I yo'? 1J1<<~ (cJ / ~ jVlt?1 ..~ '. 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 I DR /DR Sales ID - j Terms I_MlSIin.IIF.Tli.~IIIiiI'I:I Message: Thank you for your order! Ship VIA UPC QTY SIp shiPped' Item # : j t ~ - --Description 1 Ur't Price DISC ExtenSion PKG 10 SB'G JRBK~------ -----SUPERBAG GLOVES----- ! i r-----~\ 1-11---\rr'iRSIz57BL1QK PI r~~===:ln, SB'.G M ;'\ i II i \.U~~R tl~G_qLd~E$ f\ \ ,-J ! ! I lJ I I MEDIUM - RJED - ~ 13 Iii II !_-, j I I ,( I I I 1\' 1\ \ l) t j\ \ ) I II! 1 Ii I I S~G L ~K I I I 1 \SUP;E,R. B1\G/GtOVE~ tJ i I (-3o! II I ~.I"'I J I' i L.AR GE - BLPlCK ';Pil3 I ) I L i , ; , \ J \~--' ~-- "'--j L I l i I , I \ L__' . '-, "l ' SBG!xJ Iv- \ ~~".' r:;S0PERiBf\GG[crVrBs~ -'-~/ .-----1 I i !X2kARGE:J- RED::J-Pl-3~ .. _ i I am7/j/ll...t4 ~CJllr-~~(c)))~<I:r~Ti(C?j... I INBG R '0 '-.j .~ -REGULARJNTERNA.TIONAL'STYLE I J 1{~:~"'IIP..\/,I'1.''---iOY'i/()y:.1 . I ~_____ ____.__~AGGLOVES~-".::/"".J _____.________------.J 10 8 6 8 (Rj-n-g;ici';,-.nc. - 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 -'J."II.I"leJ_~'. ]] 78 r DR /DR I 'Sales ID :SI:I.ClII..=-' QUOTE l~ffiQ.~ml -. i-Terms QUOTATION .__tC:T,n.W:l...~IIIi"i1II;I Total WT ZOI1; ShIp VIA I~~~T (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 8 INB'(:} T-- I I I I I . . I ~ 2~E i;\ I I ~ RP1'14 \ (/ I I i\ \ I I' I I" , i iI. I l I , I \ ,I.J RP 16- ,.I \--J -~ I 6 . u - -- -'---'TARG:f:-INTERNATIONAI'- ---' .---- --l -'- - \ [---HI fl,T1LrB:) Gt~~'flllr~'\ fl-l i I 'I' ljEf}fY IHn~'I?R yTIqVlf i\ \ ;'--'-1 200Z-ElLASTm crosURE I \ i' Ll I .j I' 1\ \ 1 1\ \, I I i j I I IV.RA, IN, 1~6 G, 'r!'O~ES. I I I .J I J,~g-i.4QYL\!2'yP:~:t l.j I L.11 il{M~I' l ; P y~P~f~1 ;.J, . L,_~__\ I' R.EI)460Z~LLAG&BPq>-16 , a~5dl/J),I' t~-~pl~(o)):~m~10 i \.~ '.TR'AINING.GLOVES'" .C ,- : . .I.nt-,.'-,/...,-f\\ f.i(.,'V-:, t,nVi"i/:"';;-! ! R'EDA/80V:b~e.E-T:;JP~PI6 . ., .__._ __.__. __... ..~_.__.._J 8 8 8 I I RPi 18 I L_____.. (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 RPi 14E BK .TRAlNINy GLO~ES I I---~ r-l inB..LA.C~140Z-ELASlI.ICJPn~ !~I I !: \ i 1'1 i! (. \ I 11 I!' \\ I r I RP: 16E ~,K i I ~RAJ;NIN(r~iJ\OVES I ! I i\ 1 r-J ! ! I LJ ; I J B.LAq::K~1..60Z-E. ,L~SlIlC.!P~ 71 \ \ 1 L, i I ill I ~, L I \ I.] I \ \ I I i I j II II'. I I '\ II I. 1'\ I \ \ I 1 '\) I I " RPi 18E ~L I II rR1~lNG q~OVE~: I j!J r-' 9 I I, II ::, I I 'I BLACK-180Z..!ELASlIIC.!P17 / L___ .1' I ' ; \ I I I L..-1 '~/ '-...j' l I' ! I 1'1 '\ .L ,........-' ---.1 L / i I JRT IAE; \.,-- \ .--. Sf~H5z';EtfASTl€fD)r51-~- L.--,__l I ; . _ ,I j \. "'-.:,.r J1 LJ L j ,n'! k ( L. I; I I . JlJNlOR'fRAINlNG-GI:OVES . I.' (7 ~);;l7./\.i) ..2;~cl ~~e) ") V <lIIJ~ I(cij I JRT 16E ~ .v~. '16QZ-Er.:ASTIC~-^~ - J -- I , ''''471'71\j t,H):'t--lol!,d/?-,f;:l I L _______ __---.:_ . JNNIOR 'f~INlNG'G!--_QVES__..____~_J 8 8 10 10 r:::; - - - - -- -.-- .------ I Ringside, Inc. 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 IGT14E' -------- --~---- INTERNATIONALTRAINING--;---;----';'-.----:- ! r----"\. r'-}, i-\\iI:G1' V!ES:B~uE/-.r4~~:EIr1STIC\PI(--1 II " , .11 .. - \ I I I I \' r I ! I' I '\) I \ I I 1GT 1:,6Ei'; i, II 1rrl~s~~.-[~.~16~~~tC-~llb il'--. j i i J I I j ~, I ~ iLl 1\ \ 1 i I II j' I '1 IGt 118E ( : I I I\INTkRN~TI0)l~-AL -TIRAINlNG/ r--' '11 I I ~\ \' \ \ " I , I','", , I ,II, [' I I' j.G, LO>VES, -B1sUE-,.18GZ-ElL1\STIC-P19 1__ I I ;\ I jL~~1 ~/ '---,J L I' ~ I 1 I SG'A 110 in _ \ L/ ,--~ [S~E\fyrGLO~E'Y00Z' - L___ L_ ,I I REbl,WHI:rEL P21,SL::l Ls . -- I i (f( ~~rl/77111 . ~-kr~~(()) )~~n i-J~rJi(C?\ 'I' SGA 10 BL '0 "'-...J J "SAFETY. GtOVE/IOOZ- I I "- ',-:' 1 n[o.~\C::-.c;-.\\ / il":;''' r... . J~\.'7t(Ml ! : - BL:10E/WHrFE';:;PJ2+ -"-, -J I __..______ ____~__ , ________._________...J 6 6 8 8 ~ ----- --------- 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 SGXTIRD-"--~'--- SAFE'7fYGC6VE120Z-- --,------.--- "~..-I I:' Ir-.'-'""',,\ \ 1 \ .- \ RED/WHlT~-P2'C-~1 Ill'---~ 11-----.,. j (--I i \ I I i \ I I I \, I I s1A il2 5L !I. :1 ~~~\~~~~f-~biZ I' '1\ \ II [~ i I / I' ~ \ II L, i \ \, I I I. I I GDOb i i\ I II ,t\GL0~E. DbG. 6Lbv~Fh:SHiENE.~S I~' I I 1 f\ I j I J \ r \~_/ 'L~ ) I I i L/ II l -1 - II ~S~B ~\ J .~. - 1- J\EY_E~ S!E~~ ~TR~!f'JGl13--6:g/ "I ~ I i L____. /~I~~!i:Lg I r[~?~I~ l_..__.J I RESSB M ~nl' 6~~ CI/7 11tE./\~1\ ; ES./1.. sPErn;s:TR:IKi-ijG53iG~~' I , .'/I/';l'-~' \".J"-/U'\L;"\I'~ I I ' ./LMEDlUl\~f=P6~" , ::-.LJ - - I L _ _ ___ -li1;5?/Vv (;)JJg~~b'd _____h________ _ 1 8 12 3 4 ~_,.. _.'_.' _uu__ 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 I I ' ) I I I 1l2sI1ISO'iLONG-GOLD I i I,ll \. ! --I I I I ~ / I II t\ I II \L~ I- \ \)1 ' i '[' , HW :2 \ \ ! I" I IBLAaK H~I)'WRAiPS P25 l;' rei I i I 1\ \ I jIJ~j'WLT!f~iN~RYC~~11s j I II I 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 \ j . '( \ ( 1 I i '\ I ' i I !! i \ I !, \)/~,!; I 1\ I i - '1 RPI-<f M\ I f RED..NOt(POUL.', PROTECjuOR[\ \\ II ['~' i I I!) : I ~G 29 MJfDiDM \ 1 II I \ 1 I l I RPi,h, {I ! I ~J~o~Jo~~~\kdr.1 bRI) !I :_i" I i i i\ \ I JI I I tG ?9 LA-&GE l,,--J i.1 I J'.1-l: ) ! i \ j L-- L-. J <. . '----.1 L /,\ I' ( RPNF-X-' L-- [REf:)~N0ffibujTBR~TEcTOR-- 'L~__..J' r j 1" ,-.I )1 '''' L_ J r-'I ~ \1 [:::1 C" I i PG'19*~LARGE ,..,_"__::1 ! i ((r~~!72?~ l~ -~DI~~((j)~~rW~-i(~)j Dq, AP S \1 '--"/:- .. NEW-LEA THER-SMAr.:r.: DELUXE . . ) . 1I\'.h/"1'/\} l;it.JJI~OYd/Vd . I i GR()INL'A:B~~PROEG-T()R-RED -. I ,________ ____________._.__._~J 6 4 4 6 ~---- ---. - 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 : I i , 4 DdAi> XL \( 1.1 !\('E*\"E~[JPilHLJI?EU~xEJ) I I 24.990 99.96 , I -- I I ~ I i-' , I " i I I ?R9IN~;/P~~ESIf~RiRiED j I I, -M'l . \ I I j. L--, '. . - L_ I I' ii, \ - J -". ~ ....____ , 4 FNF S_- " - cF,EMA!IlE-NO-EOUEP,ROTECTOR-S-_~ I 29.990 -- 119.96 I ll" \,j II Li S I ,'I <:'1 c::.'1 ~:.: ' - , ">', ,--_JL, . .:-" IJ I.J\~ _____1. _, . I t( ~o~7 7cFEN,r~IJ];~'!Foyf\p,R~;rE'QTbR-M 4 FNFM . 24.990 n 119.96 I \ \..~.Ju' U j I L.U L::J\..'::./L;\..:',II_' \.lc./ I I o -J . 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 I \ /.J 'FEMALE.cHESTPROTECTOrZ I 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:' " C$ 1 crPR0 eeBR1\ REFl:;EX BG FILLED ] 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 Mil D III rJrif~~;~~rJ~s\B \ 'I L~ 'I :: (I" I 1 ~, I \ ~~ f \ \ I r I II) I II ict f\ \ i I i irEf!,~)t~)LKjl l' l/ i[ c' j ELBIN i \ I J '-_J ELBOWS IN ' ~ _ / I' I I L_ L-- \ c/ , C;-;J(((-j)n! 11 ~l~Dl[]cil 5 -.../ ---__,1 \ 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 : 1;'\ I i\ I [V.: \ \. ! I r 1-' 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 Rd 24 BJ : l' RomE CdVERS\24\RlNG 84' I]O'f,lL L'l I I i j \( I III i.~BUJ.:.E.",. P911 ) 1\ \ \ I' ,I, I,. I'! i i ! I I '. I I \ I \ V ......; i I f II .--' I Rd 21 RiD III l,koR.,E c O~ERk 24';krnd ~4' ~OiA.L Llo I Iii, \ I I, ) \..1 ~_., .....~/ I I' I' I ' k REDP91 ' -~. L / I I [__.J L, \ L,,~' lfYolnJL !-~r~r~r~ --- / l-:-_~! .1' RQ 24 WH ROPEXs0VERS--24'RING 84' TOTAL, I aF~~1-;7!cwHlT;E1-~,9j ~))1((j))v<nl ~-VCs,0) I : \\ ,-,/0 .J U <J L.:.: "~/,'.A~UI_I",~ jl i - .11~;J,C,~/-;7i71 1\) lilc')r"'--flVd1/V,;l I :_______ __.' - ~\!)(.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 FTCB L :\ I' f1EN;L(\L~,I~_A~G ~HEST '\ \ ~ i 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 RP'Sg M! \ I j~J kw 7'Drio" ~E~~BJd__ )1' ~-, Js~s C.. ,I~ r~r\J)r,Q:i~~~~~G -/ ~-'.I ! ' (7 f~:~YZ\/\\ (nc{~l{o))~ <1"1/ ~j(~) j PUMP \) '--~ DR~~RUMP/~ ~ ~/ ~L _J '\... '---' I I ,(~t~511vV .(.d2Y~ED , 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 r DR fOR Sales ID I 1_MG1in.W:Y..llImm.l:J Message: 1,....,~:I~~;[~:1 1 QUO~~~'~"M_' F~Q"-l il I (706) 7;;~~~.- I O.OLbs -.:........ QUOTATION Total WT . Zon Ship VIA You may also visit us at our website at www.ringside.com! Thank you for your order! c"!j UPC 2 QTY , si.o Shlppod I Item # I : ~ - De~cnptlon I u:mt Pnce DISC ExtenSion PKG 59.98 3 ODEB'-' .. J J .-..,,_ I I ""\ CS; I ' , f\ i i 1\ SBP 1 ,! i I ~/ M~RI I i RST RD , I I L j I RSIf BL I I SCA. I 3 4 4 4 (Rjngside~lnc. 9650 Dice Lane Lenexa, Ks 66215 "-----ODD'BAr.:CD'OUBLKEND BAG' --"'-l . I I r---\' r'l ;--"\ r~1 r-'l ~ r-~ i ! I \!Oi.IHY:~ t0s I' II-~"\! ,I i II HEAVYIHITIlER PAD I I \ \ I ~. I' , I' '\1 I' \ I I II I '. 1 , ~'I\~I' \ \ i Iii I i I II' l\i8 ~B~'tB)RIMi~I' 1CtNE rl~L[}, I \ l_J ,_J ~D~G S~IRTTA~~J ___'_'/ I I I rmJnn ;sfD)r~r ~I L--J BJ.:;UEIDNG S~IR1'-fAPE P90 !?(~i'lC,-lc;"\' 1;1 --;:;r'"'~~ i-:f"\f:(~ . 1\(0<'// Ill} C:~~CJ]I.))\(O)/^<lli~'1~'(SI \) ,-)~. LPHYSICIANS, SeA.tE-l_eJ \.... '-.../ . , *(fN07GOrlt~~*.t*~Kil.;J1 __________,~__ _~ ,~__'____'_..J Ringside, Inc. 9650 Dice Lane Lenexa, Ks 66215 ~hip,to 29.990 54.990 19.990 29.990 9.990 9.990 99.990 -,' ,,' 164.97 59.97 119.96 39.96 39.96 299.99 .; '. ;. 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. 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 Ship VIA . I , 1178 r DR /DR __QIfC1'in.~.~IIIii1.I:I Message: You may also visit us at our website at www.ringside.com! Thank you for your order! - : - .. .. . - . 4 URP 14E ---------- -ULTrMATJ;TRA1N1NG-GCOVES------- t :-"\ 111---\ t1 (-"\ ~ I~] r~ r-l- URP ,16E I I' I \11 E'f.PLl. \I~WTEJ~il'fIN. G Gr:O.VES[ ! I [') ~A1RL26QZ-1EI~A:STIO: [\ \ I ' _ . I \ ! ) i I' ~ ,-I f I~--l \ \ ! II \ i , - uRP !18E I III ~NEvV\UllTIMA.TE TiJIN~GlqLqtES i l : ~ ( i I I \ I \ \) / I') i I II I) J I r'e UBG 1M ~K \, i II I ~'f tJl-],JM~tEJ3~G qiOVES/B~ACK I I [ \ ,L-~;MEDlUM L~ l. / 1 I I l__l ~-~ \ l__,j. llt(3)r it ,~s~~f5r-5 -'-j ---:--J UBG L BK 'NEw"uET-IMA TE/er0Asslc BAG GLOVE I ({ r~~';~?L~G~ l,ol ~)( O'\>~l !I ~ IC 8~! . I \j \..:...J~ u/.;, LJ__ ':::Y - ~.. "-:/ I i~mz77?D 4:!&~W):Z!<2YD '_' I '--_ _____ _ ___~ __ - . .__ _ _____ ___________---1 74.990 299.9( 4 74.990 299.9( 4 74.990 299.9( 6 59.990 359.9L 4 59.990 239.9 ~ r;::::-- --- - -------- I Ringside, Inc. 9650 Dice Lane Lenexa, Ks 66215 '\ 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 r DR /DR 1:al;.l.:JIIM=-' QUOTE F;Q"-l _.;.1...'" QUOTATION ._emr.n.........~mrn.." .......III...~mm.." 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 4 UBGXBK I ! _. - -- -'-NEW-ULTINIATE BAG -GLOVES BLACK-, r-- :-\x:LiGEj /1 n r-\ ill ! I \ II 1, (\.. I \,1 I ME" RCHANJj ISE-INV 0 CE TO Ii, \ II Ir---j \, \! S$rrp*i,G ~:HANDrl G I] \' i \ ~\ 1 INVOICE TOTAL I ! ill \ J'.' \ ' l10) II U ) I [~~ I II I.\_~_-! "'--.; 1 I I ! I I \ L,~j L-:js'"'r((;'~YTT1, 'i.;;rl>)i r=,:I~,;J--~J ---J 'I' i.J ~<:~~)~_J LI-'Lj\~L:-,L{::l , I f1 (0 C; 7S7)) 'A' r;;v::=::\ \v<' iT:,J 1(:,) i I ~ (03// 1/ . _LJol.~'~) f.^ "uL~k~~) , : I . , -_ liGwD iS~~~k"41 'J' L_.____ __ ____.._______--.-:.__._____. _________ 59.990 239.9 :'\ , , , \ j f :j AL $ 24608. 9 $ 391. 1 $ 25000.00 I \ \ ,\ : \ -,: \_- ( Ri,.;g~ide~I~-~.u 9650 Dice Lane Lenexa. Ks 66215 / ( 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.... - ""'" ' ..., '" - . ~ "v' '-: _ -~ ...\ --: ,'72- ~ ~~ .......- '\ -"=='...: /- ". .'~. -:.' - ",':;,-j ,. /"_ "A _.....,.. /...""" ~ -'~"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 ~;o. ....:.~.l..'-'f....... " .:;:::~,2{;";~~;. \f;';l~ ~~;f.~~~\~l;~ ,;f,;fJ~'i '<~'ft .. .:.;:~.:' .~ .';.;";: .....f".. ",.."..';.-.;,. .::..~~,,~.., .;.... ":~:; '~':~':;;;;'. ; .:~'.\;).~::. .~,',5.;?.~.,~~,~...;~, ::~.~~S,:~,,:t;j:i~.f~.~..~.'.!~1':.' ~ ,.t.. ~ .,' ..,"j.::~:,~i~,~.~";~:,:i1L~:..~;,..~i;,,,.^,.~~~;;:'~;:{,,;;'""'<.,,'"~~;:!!"~:~~~~""',-~;;~;~:;;~,,:,,:;;.''''"':u:~~~,~~.~~:=,_~~~~;;~~..,~~~:bt.~:~'""",."'o,'''~_",-.,:";,,..~,;'o0""""" 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: 88,,-1.9 (v01>) :X\ld 01>00-9.9 (vOl>) :lOl!dlrJ z:tttrz:u(90Ll =1:ll.QS!G 00'000'017 :~unOW\f ~UBJ8 090s-eCL (90L) MaWOloljlJBS SaIJB1l8 'JO :PB.U08 P060C V8 'B.snonv anua^v >\JBd p\nJO 917C ~ OUI 'Ja.ueo leuOnlSUeJl "HSj" OO'OOO'OS :~unowv ~UBJ8 0069-Ce8 (90L) S!Mal BIJOl8 :PB.U08 C060C \f8 'B.snonv laeJlS ueaJ8 ~ge~ Al.!J04Jn\f Al.IUnlJoddO OlWOU003 \fHSO I ; 00'000'S8 :lunowV' lUBJ8 666P-eeL (90L) S!ABO WBS 'JO :PB~u08 ~060C V'8 'B.snonV' .aaJlS uapu!l 9trV ~ JJO aOJnosal::l Al.!unwwoo a^OJ~ lfe,nae; oo'ooO'Se :lunowV'lUBJ8 8 ~ ~x 0098- ~G8 (90L) uoqsO UB!lnr :lOB.u08 W60E: V'8 'B.snonv .aaJlS sPlouAa8 09S JUOJSIH JO wnasnw e.sn6n\f/ . ~OOG ' ~ "Alnr pa:IJa o.u! 05 II!M llO!4M 'AlqwassV' rBJaua8 B!OJoa8 all. Aq paAOJddB aJaljM .BljlS.UBJD DU!MOIIO! alji aJB MOlaq palS!l 'saalUBJ6 aLU PB.UOO UBO aM leljl os aO!:lJo S!4l Ol >jJOMJadBd NBssaoau alj+ 1113 PJBMJOl aSBald 'UO!SS!WW08 A+un08 a4+ lO leAOJddB uodn 'alq!ssod SB uoos se JO OU!laaw UO!SS!WW08 Alun08 pcau aljllB IBAOJddB JOl SlueJD 6U!MO\lO! alll alnpaljoS aSBald 'JaUUOS 'sV\I Jeao ~ ~608 V'8 'e.sn6n\1' .aaJ~S auaaJ8 08S UO!SS!UJUJo8 lO >jJar8 Jauu08 eual 'sV\I WOe ' ~ keV\l OPYlO X3 'uo!~!!lJodsueJJ. O!:JYlO X3 'SUO!leJBdo lelueWUJBA08 le:JOl pue a~BlS saln~ O!:JYlO X3 'IUaWaJ!lB~ IUaWUo!lloddeB~ sa:lJnOS<lClleJnl'eN O!:JillO X3 'Joqel pUll a:Juemsul AJe~aJ:>as 'sa:J!l\Jas uewnH pUll 41leaH OI:JWO X3 'SB!l!l!ln :Jllqnd pue B:JueU!~ OP!JJO X3 'uO!J!~:Jnp3 AJelaJ:Jas 'suonepdoJddv :S3311IWWOO 17t:t:O['e!fjJO~ 'e:llrnpy ~lBU~S~lBlS ~ql '~3a"31 A.LIHOr'cfW BBSS- ~S9 (~()l7) : xe.:l Ot>'OO-959 (~()l7) :IOI!de~ ZZZv-ZU (90L) :pl-l~S!a ~g~ ~ -t;050t; e!fiJOB';) 'elsnfinv ZBZ ~ xos a:JYJO ~sOd zz PI-lIS!O JallleM 'M SBIJe40 L.~. '.\.-. . ,l' 4:. ~~ Ja>tleM 'M safJe40 Jo~euas ~ 00'000'09 :~unowv ~ueJ8 v660-GGL (90L) ssaueV\l ALI~e>l :peluo:J ~060E \f8 'BlSnBn\f P^18 Ja>tIBM Aaue-j BOG ~ an6ea1 ssau!sne Y~S:>t 00'000'9 :~unow\f ~UBJ8 098L-L8L (90L) uosdOH Joueal3 'JO :loe~uoo 90608 \f8 'elsnBn\f peol:! all!M5pall!V\I 0 ~9G J()1100~:>S alPPIW A~dJnw pJBMP3 t OO'OOO'Oe :~unowv ~ueJ8 9L9S-veL (90L) suas aU!lSPLI:J :loelUO:J W60E \f8 'elSnBn\f laaJ~S sd!ll!Lld 9G ~ ~ WBJ6o.ld 6u!u!eJ.l d!~s.lapeal f!l.lacy OO'OOO'SL :lunoUJ\f lUBJ8 9LS8-vU (90L) suas aU!lSPLlO :peluoo ~060S \f8 'e~sn5n\f ~aaJ~S sd!1I!4d 9G ~ ~ wnasnw AauBl A:>>n, 'asnoH e~laa) 00'000'00 ~ :lunOUJ\f ~ueJ8 900S-LSL (90L) I..UJOMPOOl8 a!lnr :pe~uoo LOSS-v ~60S \f8 'elSn5n\f LvSS x08 'O'd &a)B:>OApy PI!~:> B)sn6ny I G aBed '. .... *' "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: 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 ;.I,((:~\ .;:>>:,~;;i~~?(~;~~e~kl~; '~'~:\~f~jj:l:\ ; !'.p.;'y totil..:'Orde~iif'.:~).OA'R on Off; C,OM/ll'lS HON E R \Q~~~i3~{~ ~\~~~!tJ~~~r~':~~~' ~~~fr ,:;\'1: Pay;~acUy 'T:H~E,Ek"HUN.OR,~O ni,I~,T:Y,;:;:'FIVE,T,!t" ".., -', ":~.J' ""':.')iii'~t:~;;::"'. ~l'.:,\,.., '""\~~t~;l,;i.;:'i::!-{.' "'.I""~~'~'.'i'" 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' , . . . '. . :'~.:~lJ~ : 00()0049709;[.~:' : '08/03/200 1\j;~\ , . $335, 000. OO~i~' .. .. \~~il Page. 001' OF' 001 Vendor No; '. 0000013727., Vendor Name: BOARD OF COMMISSIONERS' . STATE OF GEORGIA. DEPARTMENT OF, COMMUNITY AFF,AI,RS' j..:; ATLANTA; GA :.BANK '1100-1000, " GROSS AMOUNT 250,000.00 5,000'.00, 10,000:.00 ' 50 000, 00 20;000:00: . '~..: ,',- . " Cheek No:: ' . . :Check Date: ".Check,~:O!"I, " . 000027824, 0000278'43 000027838' " .000027841 . , 000027839~, . ".. ...._f'''' 250,000. OO.:~:~ , 5 . 000' 00';"'1, 10" 000'- OO,,!::, 50.; 000: 00';,' '20"000,, OO~' '" , 0:.00 ..0.00 0'.00. 0.00 '. ~:O:"'OO. , !;. ..... J.: "",-. "1. ";1" ~\~S .~?~ '~<': ':'? "" . \', ",:"1 ,~.~.. ... .-.;~ . ,~: :.:': J'~i: . . -, ,;,'r' .. . '/"1 -,' '1<;.- f:{~~" -. ,'".",...~.";.';'.I..~ :."i~:~..;\ "~,>t.?,.,.~'~,~1,".:,:',:'.~." ~/; .::'~f~~;~t;;, .::;,,~j !1-l~~jL~lt5i_ ''-'I' , '::~I! ""." /i .,;-.\"}.l ..' ",II . ':1' , Ai jfiJ $335'000'00f:; '''''~.''''1-''<l~,''-' \ .~.'u ,.'/1 , 'f! '. r d: I: .t 'I; li 11100000 ~ C1 70 C1111 1:0 b .0000 .01: 07 0.7 ~b Sill ~ ..{o;;" 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: ,~ ~. ... . ,. ,';. " t 4, ~ 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 ~ II\. QY_ ""...en" "',.. ,",UMM,l.;:)\)"LUI'4" _ J (UOa~11a~ai 1 ~ep.1/-01 11:43AMj - I I; · i j I j 'I - ! I I I r - ~~ r .~- . Fi1X ' ~I II P.Ol Page 1/2 f: V. f 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 c..: tf//1 "' . \. Ttma Sent:; r S\loc!al'-::= .p~/ >f't-U,8.5 ""- (~""'In<a eo.,.", rr{J ~ _ t.-J;IlI?J FAXNumber 8"".9 (~~lndlwWI) Q~nbmiQn: (N;uMaf~1 ~~..,. .:) .... .. . -fl- . "'!:-;- ;""". ..,.,..,.! :.~:..~:- ...-V .15. I r ----rfJ (Noma of In.~) I'. .. [. '. - 35lJr- (~ at C~1IftC) .'91IJ.~"-_"-U~ '~.....''''''''''- <.o:'......k'"~".",........".....-"'.~,'. . ...._"""',"'">v. 'Jl"'.!:.~~'" '.. 1",' ", ~"":t:.. . ;.11 '..zc',. '::'~-""',~:'~:J)jf;~~~l~~:' ;'~.' . c' '.. ~.....'~~~~';. #o."~'.:.... ..... ~. ~~e " " . ":, .. ... ..... - " ~~Zi~':!.~~P ~"'. ,.. - ...~.:~;-~,~~:-~~. ~~~ .... "", "NI ....ziiJ~ ....~~~'i.~..-.. ......:.", . ..- Blesaag.: Na:a: ::1l1Ue rtQ'\ff'{ ~. =-mn SetldlnQ :na fix ~f fa any .-umn ~CN eanncn :-H.Cl 01" d4 nat tl'le ~1lS inCueect ....ttn :%lis ~ ~au can c;:;rtta<= tn. ;2ersan 'Nna sent this :'ax at tn. nurnCl ~.. "Mtaak YOl.ll . I," .. 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 .-. ." - . ,. . - . . -. ... -. .. . .. .... , .. .. - - . ... . . 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. -1'1-~~"~~'---; .!. ~ -::"~"<~-;f'-~ -.. :,:'~'T-~~- ='::_.~'-~'.:~ . ...~;.... t ~t "l..-~" rt .....""""'"1..-.......1 .,1,. 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 Oata: tf! /1 . .. ~ . 1. Time Sent: S'pi!Cai \nstrUc:Ions: . pag~ (lI"lc:uding C.cverj: ~ (;) C~tf ;JJ/tu/;J~ . To: rlt-tft,.S;molY FAXNumber 8""d~- 35lJ?r- (Nam~ af Indi-Jidual) . Organization: (Nama crt Company) :~r4'ff~(f~Jr~ffJi}rf::!EfJ7/f)lj;'tf:!Jli:ljt1fi1~:jJ}J!:J1't~f76~%:;!!lPli~", . ......... , '..... .....F~o.~~... n' Ejy A:- f/ /11' l- L- . .... ....' ...'Ph~n~~~~.~~~: (Name at InciNiduai) (Name ot Department) -'!=~4;r;;i:'~!:~;:\frf!}z!~~~iJki~ ~er~ 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 ~. />:>)(111) S 16 rI. t. - ~ 'r 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 ~ '~:'l ~~\:i ~':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~.. ", .;'.. :~.; :, ~. !.r:.1 ::1 . ~! r:.-;: :,;1 ~'! i~II' F i;1 .:,: ~; ~li '. ~ , ~ji , "':;-"-"\i~! '. ~~I "~~~l ?~I ".~~~:~i .t':.:', ..!..l ". -,1;:; :~~i ~I $390,000.00,qi ~;~~i ,'.;~i ~~ .' .~~; "~i ~~~! .0,.00 0'.00 . '0:.00 :0::00' 0:.00. 0..00, 0.00. ' 0.00': 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 ..;'. '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: 1 ~ , ~ 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 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 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, 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). [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 , ,1' f ~ , . t I . . ~ '.. . \' (:' r' '. ~ ,'\~"(\(i;;)' ..}:!-,1" 'r. , <. \ ' .." ,') . ...to <C~.~.-. 0&10'00, .....~'"/,,'.#! ......"1 0.0 . '. V....... . . T"' - . . : ..~' 0' A h I. \ .,. rr L....' . : : _~_ r~ i .. - it - · . ^ 1'," ~ -::0. fVU \'V: : ':. -:::;". 8 l .' r~! 'I. ,",' . . '\"J... ~... J(_D. ..'\" ",. .... ~ 'A__... . ,. .' ~ ~' .,..70A:....... ~'\ " 't.. IvD CO\,) 11.1' )l.'8_hae rI !l to"" 5 tjly ",....,_ -;iI,- ~;.::cl / ;.. ' \i-"~ 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"). .;'. 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 I , ' 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. ..:, ~ 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. [' , ~ 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] ,t. , ~ 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 ,u , '.. ~' :'!>'~~ 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. ~, ---~---~--;:-- - -: Au~ta~~i~bri!QP4' Co~n~~ Finance-Department " j 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 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 /J c/f~jvt. I A fi tJ' / ~ ~~7 . Page 1 ~- " . .:;:.....~ -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: 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. .-"'- " .;. 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 .;P . STATE OF GEORGIA GRANT CERTIFICATION FORM .. A Local Government B lnformation For Year Ended . j 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 -. ; . ...~ 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 -, :,",.' ;.'.,' ....:1 :.'-.:'; " . .',. '. . ~ ' . . .' '\ . ":,I III 0 bOa b b III I: 0 b ~ 0 0 0 2 2 7 I: 2 0 aDo 0 0 7 0 2 8 7 b III 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 ~:<;t~ (, 'Paga 001, OF '00'1' VandorNo: 0000013727 VandorName: AUGUSTA RICHMOND CTY, SO' 0 . -:::", ~~,:';'~":!, r,'," . .' ' ,'C" ,':"'>':~~:':. ;:,STATE OF GEORGIA> "DEPA'RUiENl, OF COMMUNlTYAFFAIRS ," ':. .... .. ; -'.; .Check No:: ':" .' t . . .L, , ': Check Date: ' Check Total: 0000050244 08/29/200.1 $390,000,00 .:,~i,~~~ ,i L.t ~~ . ~~ ',J': . ATLANTA, GA, INVOICE NUMBER I 02-C-~-128:' ',',~ 102'-C-L-132 I' 02-C-L- 171," ,', 02-C-L-48: ' j, 02-C-L-553,', ' 02-C-L-557/ 02-C-L-609, , 02'-C-L-740' L02-C-L-751 i'" .. '- AMOUNT , PAID ".;--.. . '~r ,\. ..:~i~~~~~\ ':,~ln\ I' Pay EXactly, '....~~;,~ ,~ 08/27/2001: ' 08'127/200 l' 08127/200,1 ,08/27/2001' 08/27'1200,1' . 08/27/2001, ' 08'/27/2001: , 08/27/2001: > 08/27/2001 000028672 ',000028669\ 0000286,70 000028673 ~;" 000028675 ' 000028674, 0000286.71 000028668, ,.' 00Q028667, 5,000,00 15:,000,00' 10' 000 00: 25.;000: 00, , 250.,000'.00 2500000 5: 000: 00' 35~ 000, 00 20:000~00 ' . 0:00 '~,: '0:.00 ' ';' 0',,00 ' 0.00 .' '. 0.00, ' 0:00,' ,/ 0,00, "0,,. 0::00 C'.' 0',00": ~ -,' . ," '., . \'.; ~~~ ; ~.~~ tl~i , '""/' , ~.~ { ~ '. ~1 :'...1 , ~;l ij,';t '~1 h f:i "I ~\ i{~i '.<j, 'U t!1 ,s;,t H,I l~! ,-I:il ik'1 , , ,,,,,,~..,~;{!I ;~O;ti fiLl . ~~i ..' ~- ~' ,;"ji " .::~~..:) \' , $390,000.00 t: ...M.''''''"'''.... ;l1i,' . " '~ . .f;~jl .1:. " , "i;"J: . r" . "~1l ~;:~""""""",",~:"'!n""""""""";""".:,,,,,,,,,=,,.,,~~~f : 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 ; f~~_: ~~ ..... " ,::,t.~:,;.;{;; . . ..::"",::~.~r;-::1.J';f~:t':." . 11'0000050 2 ~ ~II' 1:0 b .0000 .01: O? D.? ~ b 511. " .'" ,:; 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 ...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) 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 t:' ,~ 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 :;G~:Z As." ~ tl ..; ATTEST: ~ c.O~ Tit 1 e: ......- ."... y' Notary Public My Commission Expires: \ ~ \ l.t 1 1 \. 1 . . . 1\ . \ \ Ct.. . \' ....\ i ..:). ~)I /'" " .....,...'... ~<". 11 0. G~. 0 Cl >:. ~ ~'e:-:....l,~:..) .,.... ~ . ~ . -\ It \ ':- .. , 0 1'-1 III ., '::' . ,,\},.T }._ . _ : --V:)- ~ : : .,.., ~,.ou ' CJ: ; \. '6.... ,8 L \ /(]'/ .."" ~_.'. ..," ~" ...... .......#.~o.t.....,..\.x, \.... '.. i\fD CO'->Y" ,,' "t; - ,\' \ ""flU"'" . "OT ARY PUBLIC RICH ..; Y COMMISSIoN EXPIt4~~ECCOEUMNTY. GEORGIA SER 11,2004 5 AU qJJ ~ l:r ...'Q. oJ' 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. .. '" r:'j 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 t. \. " ~ 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 4- ~h. 6 ..I . I ~O?cPJ . 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 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.: Picked up by ~~.~~I~~\l\~ ~ , 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 .J , tL,OCAL ASSISSTANCE GRAi'JT 090401B 10,000.00 0.00 10,000.00 , , , .. CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 060866 09j06jOl l5,OOO.OO 0,00 15,000.00 I' ~. :i I I :: II~ I"',' t I: . "1; :' 1".',':;~:~~JG-ill~~!t~(e'H;;n:o~:fit~:qtiN~i l" :,;tit .' ",."g;~~~;~~~~~~;~~~~:~~~;~ '.-,.:.<:-"" GUS;rA';,GEORGIA~309j1!:(;:" ,,' .. ."7);~~r;9i;;2r!';~' " " .' l t 1 \ \.. . . ~ 10-" . :;:. ..: ,; , . . . . . .i~~i,~~'1rjj FIRST. ci NioN.NA TION:AIt: BAN~',;/~:1t~ .. . AUGUSTA, GEORGIA.,., ' IIIob08bblll I:ob~ooo 2 271: 20800007028 7blll 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 , , - CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 060866 o 9 / 0 6/ 0 1 15,000,00 0.00 15,000.00 ';' '" - ~." "j., ",,;~, ':,"', :~~~ j' >:~,' :'~ ';,' ,: ~;;\~~;.:~}:3~~~;r7~~~j,~:):~";.,, ..., i I'~ 'J. '.J?j:..2t,:t~1 "'l.x:::~},:1-~.~~i~:Jri#J,~~11 ~"'~~ "11__...." ~,~ ' '. ": f~~/~1;~ :~,~lG/, ' ;~.,,, ,.. :" '~~,~,!~TA,!:lT,c8,~~,T~Ol.!~E,~i{~ . .- ~.:; .:~. :~\';~~~'~~~~f:f ~ : : !'~~~~I~;::\~&;:" ';:~1~~tfl~Ff. ~!'. :11-",rl ":": _ . .;, ~ 'I:IRS1' UNIONNATION'At,BAN~,~ ,,,,,,,,:,,;,,,".<':; :, ,AUG?STA'; <3EORGIA': ' , "., ' '. {' 1110 b 0 8 b bill I: 0 b bOO 0 2 2 71: 20 80000 70 28 7 bill 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 I JH/ja 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:" t.~ , . ~ ft~1 "r~ - . ~I;~: :".J r;. ~.~~ . ;'~jl iv' I N 'LI ~;! i: ,~I ~~:: ~;! ~~j ~~: ~~I ~,I ~!I ~" ~~! ~'l ~1 ": ,:~:;,,,,.,,, . '~W~;;j~;( '''...''..11f,610" ' ",;",,11 -~ ^, .>, . <~~l '(.':'~I ';@i '~~r ~,"i, S{ql ":~! ':q~i $390,000. OO:~! ~:~i "'~f '7~~! ::;~) '-i.' . ~~i "'m',"""",",~""c"'."""""";"""",~","""",,,,,,,,,;.,,~~~~l '0000050244 08/29/2001 $390,000..00 08/27/200 l' ~' ' ' 08/27'/200 l' ' 08'/27'; 200,1 '08/27/2001 08/27'/2001 08/27/2001 08/27/2001' ' 08/27/2001 08/27/2001', :"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 i I 000028672: 000028669 000028670, 000028673 , , 000028675 ' 000028674, 000028671" ,~ , 000028668' 00002866,7 ',; AMOUNT PAID ,- , .~ .. : " '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: ,0.00. ,,- 0.,00," ': 0\ 00" 0'.00 0:..00: , 0:.00:, '0'.00: ... 0".00 " 0', OO',~ ,,5000 OO~ 15:000:00 ' 10',000,00 25 000 00' 250: 000: 00' 25,000.00 5,000.00 35,000.00 20,,0001.00 ',' I..' .. ~,', 'i- . .' )~<"; .~:.'. '':''' . . ..'~~':;f{.i~~;~~I~':;J;~i-;;.' : ;:'. . -.< . .....4~ . ;t -' ",.j -';. ~;: r" 'f:: It ,~ .~..~::g\;:- ~~; ,,10000050 2 ~ ~"I 1:0 b ~ooOo ~Ol: O? 0 ~? L. b 5111 .J 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 ~.- . - ''1 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 ~.. '- , , 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 .....!- ,~ l 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 "- ..-~.. ~ '" .. 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 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 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 OR~ZAT By; '7 ~ -;:;f As its ,e5/~ A nEST tk. t': ()~ Title: n_e..1 v,,4y AU '"(I :CU8L1C, RICHMOND COUNTY, GEORGIA , . ;.;! :';SION EXPiRES DECEMBER 11, 2004 ... \ \ l I ~ t ! , l: 1 , , . I . ,/~\\\ fi. $/;it;,',>." .......' ,~,,.,, ._Q(':c.a.tt...",,''''<) ~.~. /' /~ 0 "\ AI( ;'" "\ - '.: ~$GfIIo .: ~ "XI t AU 8 \ \CJ } ~ 1 ~-:~.~ .~ :0: .CI' .' ~.. Jt.~ 10\ \ ~.. .... ..... r '/,1 ~. 6 " '.' ,I( ," ". 0/..0 l,.~...,\_\, ,,' .... '/1;0 COv\~,.., tt .,. t, til.t ,I' ,.,\ 5 -i .:i,~ - ''1 ;/)01 r 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-~ , < 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. . , I. ." f 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] ~.. .. '. 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 ~ 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. " _/ --- ~--~~~ :', 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. .,,-.- -, .' 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 " .~ y- 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 .. ~ CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 061078 09/07/01 25,000.00 0.00 25,000.00 -<\... .J:',., , qIO'A ,',' ,,'~,il:pA, ,,\;~.~I'i~~) 'fIRST:tlNION: NAl'TIONAIi:BAN~~'. '. "P' '>,h, :.":;.A:~:~,~~TA';GEORGIA,:" '",'.'.' I.;" '/ :' M'. _,l~:' III 0 b ~ 0 7 8 III I: 0 b ~ 0 0 0 2 2 7 I: 20 8 0 0 0 0 70 2 8 7 b III r. Page 001 OF 001, Vendor No: 0000013727' Vendor Na';'e: AUGUS,TA, RICHMOND, Cry aD 0: ~' '~ , ~ STATE OF GEORGIA \;. DEPARTMENT, OF COMMUNlT,Y AFfAIRS, ;',' " '"or" 0000050418, '08/31/2001 '$ 1, 90,000'.00;; :.~ .~ A.TLANTA, GA. . 0 " . Check No': :,"; .;::::L;g" ~:,',,~~~t~i:~:f;:" ~ , ,.':.,"'" "" " 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' , 000028974':' ,';' , 000028977:.._, ,,000028971:::, " , BANK~1'100-1000' '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' ,.,50,:;000:00. , ~' j r t: ~. ~, ( i' F:.' . ,I _.,.,. 11.0000050... ~811. 1:0 b ~oooo ~ol: 07 0 ~ 7 ... b 5111 I: , I' " 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 .,-' t fk&.'d--OD1- . _ ~-- ~ ..::.... 4 ,-' ,'v.... - ...v...... ".-- .- - ~~~~:~ ,~-~. ~~;~~~ '!j f r~ -........- ~\ ~ -' .......-. ;'~.\-_....' ~~~ 5 - .-<: ..'.. ''::--*':A /,.. ...~, " 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\ Y,.~(' ,... - ~ .;i 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. ? ,.,. -- - ~. -.:-;:;- ~ - 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()/ , ~, ., -_'3 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 (; \. 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 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 '. , ',:} 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 , '- ~ 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 <-:-.. , , 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 ~\ --- \~~~~~*5~ 5 ~ fi' , ,- ~, " 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. .. ? 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 ,-- I ,.....'... i-i~{t1~-W~';:W~th:r" r 'r:~:\k~>. \ J , .' .... '. FIRsil:ilili~ . AUGUSTA,.GEO~GIA, PAY" .TO-THe,. . 1~;t~1~; III 0 boa 7 :a III I: 0 b ~ 0 0 0 2 2 7 I: 2 0 aDo 0 0 7 0 2 a 7 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 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~.'~" '. " 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;.,., ...: ..000028670< 000028673:: .000028675' . ..-'.'. 000028674'. 00002867,1' 000028668: ,. :. ; 000028667' , '.'. , .:.\ i:::t:j~;~~:~::j:.: '. ::~';;;~F~:~;;,:-':: . 0..00: 0';00, ., 0'00. ;,0< 00 .... 0:.00' " ~.;. 0>.00" .0i.00 ;r .~'. ; ''''g~: ~ g~:, .~. ~". 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 -. . _. - : /.'.~:...~\'.~;t"."\ .. , ' ~ ,-, . ~. '. ~ ,_ Co', "'.' ,.?-.""'~;' . :.;,'5!;<'L)!t'i;%!'~', " ,,',.-.'- UIOOOOO SO 2 ~ ~UI ':0 b .0000 .0.: O? 0 1.? ~ b 5,,1 ..1 .- 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:~ \'t ..~ , ~{! ,. 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. 0..00:: 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 .', :. . ,,'.,:"'.,~ "-"'\~- ."'l~ -. .,:";', ~:~,\~.. . '", ~/-".,~,".[ i _ ]%a~~~~ ~. ' il- ,"'," I.,:. P,;, ,I .' /29/200.1 .. : 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:, ."'-1:'......_ ::<~l "1~1 .~I .l' "i; <t~1 ..;~li orB' ;:.~; ..JI $390,000. DO..~i ~:.~1i " . ,.ill ~l ~iji .~~~) ~~ "'0000050 2 ~ ~". 1:0 b ~OOOO ~Ol: O? 0 ~? ~ b 5". .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. 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UJ I- ~ ~ (f) 0 ~ 00 Q -~~ 15:33 -.--. - ~.----, P.03 ~;" ,,-. of...:' ~'.. '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: 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 < <:"1) '(I) I'D Q) :;):;)co a..a. m- o' 0 ' zzO '" 0 0 ~ .:':.~ -:",: :" '0 mo.,., 00 >00 ;000 00-: --- ow', :Tt....,J..-..., ", 0.... o. .3: .3: . ... ln rn. . ..,;..." . '0 .- .Z .m ..;0 . ln ,. e. m..', ". > ;0 .... 3: m Zen ....-i )> o-i "m . 0 g." 3:G) 3:m c:.o ~~~ .~> > " " > ... ;0 .. ln' ;. > ..... . r-. .> Z .... > ., C> -> 0.00. .~~.~: .000' CD (0. CD 000 ., ., .,: "'Ul'" ....:10(11 UlOO '0,00 000 brobrobro ......................... .'000 IDIDID '-.'-.'-. ",.,., .000. :~.~.~c- .~, :V'l_..,:. . . ......, 0.00 000. .000 .00.0, ww'w', mmen '0"''' 0) www ::O>'-.JO) <'" ,v "'Ul., ....OUl .UlOO 000 000 000 ..00 -~O 0)'-.0 , -0 I\.)...,JO Ul'-. Ul O",Ul . OUl 000 0.,_ )> "os:: )>0 -c: Oz ."'.Ul,'" 'I.'.-i ....OUl UlOO 000 000 000 tr~r.~ c:' gi~~it"f;"2, ~ Q :. ~\~Q- . -. rf;~m'~~"!);;f ~ '"'"' (; .... - .. o o o o o Lr1 Lr1 Lr1 o .... .. - .. o IP .... o o o o .... o - .. o -\J o .... -\J r- IP Lr1 .. .. 0) ", Ul o o o )~,.,., . ,it, 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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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 7~ LJM/j a Enclosure. " \:. -' ',. . J. . .. ~'. ~.' i ; ~ ',"i . .; .' ....1. _. .: ~ J" .'"2 : 11 ': \;. .~)~..:;;..;.~:[ r;:i:~ ~.(.G\' (~~~. i,; i....,; ~.~:;~~L:r. \'..":'~:' "1: ..~ .'C('~i i<'..::" .;" :.... };J.'> ;~.~~i;:;.._(,.; :~\ ':(,": ...J 1,._1~':, . '. ~.: " f"' l't>! .;. !....;_~ ". ':i.1~.. ,)~_: i.,r,'.' '. ''''',r.'' ;P';~::::.;...J :,....:.., ~~i.. . ,I'. 'L,'~..'; ", .'; i ~ - :- ..' .;"'.' ... j' .' . ,-!' 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: ;; ...... ]I .~ 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. ) . .... . #. ~ ............................................................,... ..................................................................................,........ .................................................... 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. - tfl III ~.. ~DJ~ &~ 81'" If you have any questions or I can be of any assistance, please contact me. CRO/mrk Enclosure cro/mckic(chcck)0620 ~. 4~ .. ~. i5:~'i \'''~ 01...-.- .:~ 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 ~. ~ ... , . < .- ;- 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 1 .' . ..... " . ,"': '! ' t-'" ~ . "" " 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: ku~ll~ 2 , . ~. .'... , " '~,.' ,. (. ., ~. "!, '. ;:;. .... '- . 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 .. /65 'go 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 " j ..~ i .' 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 ~ .:~ I 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 ~' '.';.J 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 ~ ,- ~ 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 'V'J . 5 ~ tJ - ',' r<' t . 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. ~ 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 ".-', ,,-.'. '." ..,,: .~.;-~- , '!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: ~/,t3,#~ ~. " '" , .~(i 7 , 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. ;~ ~, 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, :- ~.'f^'f~':' .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 . . . - ~,.. ;' .j," .'.;- :r-~~""~:~~ZSOl;l\li.<r.wf.':j;'~:.'t.jl.~lIm_(/<.1~~~rITI~~!t':'.31'''''!!11 ".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 ~ : ~l " .. 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 o. " .' .. p 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 i j. :' 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 -- ~ 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 .' . 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 " F" v' ..::. ,..:"'1..;:,,,"",1 '. "';:.....r"'-::- r~ ---. "',.; , ~~."f.,~ ~: '>'-,,:'" lIt. ....If" . ..,,' \-o'~' \,., I...... r:..~ '- , .....t, .,' I I....~ "r . ...... . ,~:~ \.,~. ...-:'.-..;. -=:~ ~ ." - ~ . ~ "'j.1 .\. 5 ~~",. ~ 'j' 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. "'"' " 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] .~. ('.. f 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' 4 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 ~ , ~' 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 .-.'T _...~ h., ,", ,- L. . -" '.' . STATE OF,GEORGIA - DEPARTMENT OF COMMUNUY AFFAIRS' " . '....:;': - .....-.,~ .. ATlANTA, GA: ',', . .CheckNo:'. .'" 'Check Date: " C;heck. Total:. ;;:~f'l ,.- '~~t : 0000050244;,;jJ . A~:;'~~~:6g0g6~ 08/27/2001 08/27/2001. 08/27/2001 08/27/200.1' 08/27/200.1 08/27/200.1' '. 08/27/200'1 :. 08/27/200:1, . 08/27/2001 000028672' '000028669. . 0000286,70 000028673 000028675.' 000028674 000028671:' 'C 000028668' , 000028667' ;. '''BANK 1100-1000 " )~. " ..~ 5',000.00 .15,000',00 .10.000'.00. 25,,000.00' ' '250.000.00;. . 25,000.00 5,000..00' "35',.000.00 2.0,O~0 ,,00 c, 0".00' . 0:.00.' 0':00 .'0:.00 :- 0'.00: ;'0' 00 .. '. ':, : '" g.: gg::" 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 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 02.~C-L-609: 02-C-l-740. ~. 02-C-L-7~~ i ,I. INVOICE DATE ".'GROSS AMOUNT ....' ,. '. . '."" ~ ~ ,:.~:tt:'!~i;:" . .. ::..,..:-:,:;;_.... \.,' '. .-",,\". 'i:.I,,~,~,/ ,,' " . .."f:~i~~k~~~~ .' '<:~f;~?i:;> ,"~> ;,.;~~!.;- ,.~,r;n,,:\I.:'_ <:(,r,;.~,...".:.T.~.;.~:~.I.ID.:;,..:..:..,j_,:_~.e~.,.:..~.1rdf . ,~.~g~ 3Jr~~~~. ~~g~~~~n~~ :e~ g F "::' ':': . "J\~~J :Y~;;;~i. ,:<\}~.:~;~:t::(.'7~~~i, . ~~;~~~liy'TcH.Rglg,HUND.~ED N1N!O'T;\y;".,THOUSAN.. .' ':::,~l.;.:J.c""J ..~t't,~~~;::'t:-\.' "'.'. ,..~ ..;'~;':~.Yt' .il";5.~~_r'~ -' :~" .-,,' C,. ,'", ~. ,. ,:::,' .~~"'" . -~.l '. ''''1 . ! ,610; .t.;s;!, ..," '. ::~e;!1 , . .,",,' ''':'\ , ,.1;;/ . ;:]1 _ ' " ~~'~l '~. ~ ...", .,~, yoiidor.I;I'!:t'RP,OOO 13727,: "ftil ~~~):;t~~ci "-; - ;:~i :;;~; $390.000. OOi~! '~l ".,'J,;~: , .~I '.. :~~i ~11 :,)! 1~. ~)~j ~~"Ir!r:'!""iIII!i!,"*i'\mI:ir;,;,llil~:'m'l!,l',r~il!l!iIld~I!~~.III:'l';:s;;..iIlM~~~1II~"mllJi;ij( 111000005021. 1.111 ':0 b .0000 .01: O? o.? I. b Sill ..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 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 , .' ~ , t,., -} l},'~, ,0 ; ., ,\_ '. f, }... , t.;," ~~:>' .'.:~'~..;.~ ;",f'~'. ;..;" , , ;,i:":~ ,'_:, 0.-"':1..., r . -I " . ;.; ~.,' " ;' .' :' t: "., " " ~. .. ~ ~::. ..;.~.j -! : 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 * 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: 1 . .. 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 2 0- 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 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 .- 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 II'", 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: . /1dr-:O:t:.-, ilOO;L ... ...... ."'--...: ,. - _....:";.~ :;::' r.r ...... "\' ~ '~I""'.....'" ~ -.....-:... - . .- ~ -.. -...'/--::' :: "'::"'--. ...... ,.. ~ - -- - ~;.=: ~ - - - ~-::\ /'__ ......, s::)r.r~ -=. ~-, - ~- - ~~'- .. /' '" 1'., ,... ...... .. " :::- -' ,,' ,,' " .' - - - -,.::-- --'" 5 ~i. ;;- '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 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(',. ~ ,~,) 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'... 1? 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. , .~ If" 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. ~ ..... "- '} 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] . \, ..'- " 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" " . 'I, '1' .' 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. - - ,- ------- _' ,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". , ,~-.'~ '~ /:i<~!;}~~~\ ~~;~\~'~:~i~i}1~q{I\' ,.'.'. "~'~~~~'\>'" ~:,:.,.~,..,~~~!~.!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( ,. :~ .-:,.) ,;,'::. ;'{',\~r "~:~&J , 'e ~.~:;~.~~: ~ 'i~~~(~! ..,,>,'.;,;;~ , ,.;';~~~,~>; '.',,1.,;;'-. :; - .'~. .- '(.~~.~..; . ~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 _ ,;'>-b"f(~e-m:st+ ,f day of :. :....;. B..-lA...~. ,200 I. ::: ,..,'. .,...,~ r ..' -/7 _ .-L:) == : ~'-.:. C-~' .~:: (.L-~ :::: ~. -~ .~ - ~ ~ :' Ns>tar.v.,J'u1;>li.c. \ ......-:'r\4y con:lrii.fs~'n EXRires: "/.... /'. -~__.J--.r - t/ 'Z- ''''1 ~~...-~.~-....- -:,... - ~ 5 ~ ./" ------ ~ - ~ --- 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 :'Ii ':1 I ,i ,: ;'Ii Ii Ii "Ii It Ii 'I, Ii /: I .',', .'," n, :.:_,~}.!.<:;':: WACHOV IA B'ANK:',' 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 ..7' 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 250,000.00 5,000.00 10,000.00 50,000.00 20,000,00 AMOUNT ,PAID . ", '.250',000,00 , 5 000 00 . 10':000; 00 . . 50000 00 20: 000: 00 ..: " ';\ \ ! 8/ 3/ 01" ,..",.Ch8ckba~c..:, ,",.,.,' . ~~"m~;i~iImj~tt~gi~r~, .",~,,~le"'" Pay Exactly !H~~t:~~HUNDR.ED' T\:lIRJ;Y6FlVE: THOqSA NO .{:t~ND\),ClO /1 Q9~S ~~;~?I~~'!,* * * **, ...~::.,; ;i:\~1:~t(~:l"'':'~'' "",.~.' ';",;'~:.,/"',i'r.'!::"< . k::,~il~7',ll!i""" '. ~,,;~;,.,~-,(,;5.;~_:-" ':'::I,~,I ",..\,_,:_"",,~~~,._ ' .~ .. _ '.,..~,~''''n_.,;.''.:''' ' ""'! ,~ 9 .~~ '~~i '~i $335,000.00 ,j, J~ ~~ ..>I 'iit! ~,~~l 11100000 ~ g 70 gill 1:0 b .0000 .01: 07 O. 7 ~ b 5111 -,- IV e-t6 'tf7'JOe~lJ() -7iiyJfck1 (Ie ~ ~ 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 ';r \ 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 ~r-:" "" '-' ~ ....- - ... "" '..- ::"."'-" " .. -. - . ~~ . " - - ..;:'''\. <. 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~ .-.... _ I - ~ . -, - - , ' ~ ' -..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