HomeMy WebLinkAboutBlack Men of Augusta, Inc.
Augusta Richmond GA
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STATE OF GEORGIA
RICHMOND COUNTY
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this ~~day of ~~~D~,
1999, between AUGUSTA, GEORGIA, a political subdivision of the State.of Georgia,
acting by and through the Augusta-Richmond County Corrunission, (hereinafter
referred to as "Augusta"); and 100 BLACK MEN OF AUGUSTA, INC. hereinafter
referred to as the "Organization");
WIT N E SSE T H:
WHEREAS, the Organization has submitted to the Georgia Department of
Corrununity Affairs and to Augusta a proposal to provide certain services as set
forth in the Application for funding filed with the State, which is incorporated
herein by reference; and
WHEREAS, Augusta deems the services to be provided by the
Organization as essential and necessary for the citizens of Augusta and
acknowledges that the Organization can provide the services in a cost-effective
and efficient manner;
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and
agreement between the parties, it is agreed as follows:
1. Augusta agrees to appropriate to the Organization, and the
Organization accepts, the sum of $5,000.00 (the "Funds"), to be paid to
Organization upon execution of this Agreement upon the terms set forth in the
Grant from the State of Georgia, which is incorporated herein by reference.
2. In consideration of such appropriation of the Funds, the
Organization agrees to perform the following services, which Augusta has
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determined renders a substantial benefit to its citizens,
summer academy for youth, thereby promoting public safety.
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Augusta has the power to perform such services under the Constitution
of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are
authorized by one or more of the following powers set forth in said Constitution
or by general law including but not limited to the following:
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Police and fire protection;
o
Garbage and solid waste collection and disposal;
o Public health facilities and services, including
hospitals, ambulance and emergency rescue services, and
animal control;
o Street and road construction and maintenance, including
curbs, sidewalks, street lights, and devices to control
the flow of traffic on streets and roads constructed by
counties and municipalities or any combination thereof;
o Parks, recreational areas, programs, and facilities;
o Storm water and sewage collection and disposal systems;
o Development, storage, treatment, purification, and
distribution of water;
o Public housing;
o Public transportation;
o Libraries, archives, and arts and sciences programs and
facilities;
o Terminal and dock facilities and parking facilities;
o Codes, including building, housing, plumbing, and
electrical codes; or
o Air quality control
3. Organization further agrees to expend the Funds for the said
purposes and to account for such Funds in accordance with generally accepted
accounting principles.
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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 ~
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501 (c) of the Internal Revenue Code.
8. Organization acknowledges that one of the constraints imposed
by the Georgia Constitution on the implementation of grants through private
parties is the prohibition against sectarian aid. The Constitution provides in
Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public
treasury, directly or indirectly, in aid of any church, sect, cult, or religious
denomination or of any sectarian institution." This "Sectarian Aid" clause
prohibits the performance of a public function through a contract for services
by a religious organization, even if the program is conducted neutrally, without
reference to such beliefs and practices. [The words of this prohibition have
their ordinary meanings.
In Bennett v. City of LaGrange, 153 Ga. 428(1922), the
Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433,
or, as the dictionary puts it, belief in the supernatural as creator and governor
of the universe.
The American Heritage Dictionary Second College Edition 1044
(1982) .
"The term I church' is one of very comprehensive signification, and
imports an organization for religious purposes, for the public worship of God."
153 Ga. at 433.
"Sect", "cult" and "denomination" also relate to a "distinct
organization," with "a corrunon 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 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
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Organization as to whether it is "organized out of belief in God or other
supernatural beings" and Organization hereby certifies to Augusta that it is not
so organized and that it is not a religious organization as defined above.
10. Augusta may terminate this Agreement, with or without cause,
upon five business days written notice to the Organization.
If at the time of
termination, any funds under this Agreement have not been disbursed to the
Organization, said funds shall be retained by the City.
11. In addition to the indemnification provision set forth in
paragraph 4 hereof, Organization agrees that this Agreement shall terminate
should it be determined the Grant from the State to Augusta is in violation of
any law or be declared invalid for any reason, and Organization shall refund or
reimburse to Augusta any monies paid pursuant to this Agreement.
IN WITNESS WHEREOF, the undersigned have caused these presents to be
executed by their proper officers and hereunto set their hands and affixed their
seals, the day and year first above written.
ATTEST:
Title:
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1" ATTEST:
100 BLACK MEN OF AUGUSTA, INC.
ORGANIZATION
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Grant No. GEF-OO-E04-43
STATE OF GEORGIA
COUNTY OF DEKALB
STATE OF GEORGIA
DEPARTMENT OF COMMUNITY AFFAIRS
AGREEMENT FOR GRANTING OF STATE FUNDS
TffiS AGREEMENT entered into this 24th day of September 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 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 $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 ten days of the Department's receipt of the executed
Agreement.
$5.000
Total Disbursement
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Grant No. GEF-00-E04-43
Page 2 of 4
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. a.c.G.A. 1345-10-20
through 945-10-28 and O,C.G.A. 936-61A(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.
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 assume the responsibilities herein
induding 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. Oven Meetinl!s. The Recipient certifies that in approving this Agreement. it has
complied with all the open meeting requirements of Chapter 14 of Title 50 of the Official Code of
Georgia Annotated.
8. No Al!encv or Partnershin. 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 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.
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Grant No. GEF-OO-E04-43
Page, 3 of 4
11. 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 DEPARTMENT OF COMMUNI1Y AFFAIRS
By:
By:
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Attachments: Exhibit A. ~Scope of Services"
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Grant No. GEF-OO-E04-43
Page 4 of 4
EXHIBIT A
The Governor's Emergency Fund Grant shall be used by Augusta-Pichmond County to assist
with expenses for the summer academy for 100 Black Men of Augusta. Inc.