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HomeMy WebLinkAboutBlack Men of Augusta, Inc. Augusta Richmond GA DOCUMENTNAME:~\a~ ",e:n 0-\ AugUS-l-G0jIDC. DOCUMENTTYPE:~~~ YEAR: C\q BOX NUMBER: O~ FILE NUMBER: \ l\l\l U NUMBER OF PAGES: l1 y ..".- _. ",' ~ 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 \ , \ to Wlt~ To operate a determined renders a substantial benefit to its citizens, summer academy for youth, thereby promoting public 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, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; o Parks, recreational areas, programs, and facilities; o Storm water and sewage collection and disposal systems; o Development, storage, treatment, purification, and distribution of water; o Public housing; o Public transportation; o Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; o Codes, including building, housing, plumbing, and electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. 2 ~., 4. The Organization shall hold harmless and indemnify Augusta, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 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 j ,... ,~ 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 4 ..... r'-'4 Organization as to whether it is "organized out of belief in God or other supernatural beings" and Organization hereby certifies to Augusta that it is not so organized and that it is not a religious organization as defined above. 10. Augusta may terminate this Agreement, with or without cause, upon five business days written notice to the Organization. If at the time of termination, any funds under this Agreement have not been disbursed to the Organization, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, Organization agrees that this Agreement shall terminate should it be determined the Grant from the State to Augusta is in violation of any law or be declared invalid for any reason, and Organization shall refund or reimburse to Augusta any monies paid pursuant to this Agreement. IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. ATTEST: Title: ~Y. 1" ATTEST: 100 BLACK MEN OF AUGUSTA, INC. ORGANIZATION BY:C~ ~ - As its .e.~.'d.<oJ';' of .. Notary P blj~c My CO!1"J!1is.si...oP~ E;xpires: -~~,~, -b~ <: ~~b . _~J :.::: ~ \.,-::C~, -S._,,':r j ~ 2 ~ .. .. ~ y..:...." -.....-.. . ~:::- ,~/-;;fJ'. :_or-~"~~~' '-,~.~ .rl, ~'7:.\1 _..,;."t 5 ~~ .0:;.'.. ; , 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 'i ~ " 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. f.' ~ 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: ~~ Attachments: Exhibit A. ~Scope of Services" .r. .'''''> ~ , ' 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.