HomeMy WebLinkAboutFore Augusta Foundation Inc.
Augusta Richmond GA
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DOCUMENT NAME: FOre, a \)~u.sk t=Oo0d(\--:~J Df\ Inc,
DOCUMENT TYPE: ~ ~y..e.e ~^ {-
YEAR: d-CD \
BOX NUMBER: \?.
FILE NUMBER: \ S Lt I OJ
NUMBER OF PAGES:
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STATE OF GEORGIA )
RrCHMOND 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 FORE AUGUSTA FOUNDATION, INC. hereinafter
referred to ~s 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
perform the following services, which AUGUSTA has detennined renders a substantial benefit to its citizens, to wit:
To provide recreational programs and facilities.
AUGUSTA has the power to perform such services under the Constitution of the State of Georgia,
Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in
said Constitution or by general law including but not limited to the following:
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o Police and fire protection;
o Garbage and solid waste collection and disposal;
o Public health facilities and services, including hospitals, ambulance and emergency
rescue services, and animal control;
o Street and road construction and maintenance, including curbs, sidewalks, street
lights, and devices to control the flow of traffic on streets and roads constructed by
counties and municipalities or any combination thereof;
o Parks, recreational areas, programs, and facilities;
o Storm water and sewage collection and disposal systems;
o Development, storage, treatment, purification, and distribution of water;
o Public housing;
o Public transportation;
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 Fur:ds 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 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 applicabl ~ Jaws. Such documentation shall be retained for at least three years from the completion of said project
and shall be :nade 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 AUGUST A and any future audits
or financial 5tatements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to
provide to AUGUSTA documentation of Fund use or a copy of audited financial statements until all expenditures of
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the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved findings of
AUGUST A concerning expenditure of the Funds, whether based on an audit report, financial statement, project
completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZATION from applying
for or recei'/ing any further grants or other funds from AUGUSTA, until such findings are resolved to the satisfaction
of AUGUSTA.
4. The ORGANIZATION shall hold hannless and indemnify AUGUSTA, its officers, elected
officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of
the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to
persons or property. The ORGANIZATION expressly acknowledges that, by appropriating the Funds outlined in this
Agreement, AUGUSTA has not assumed or undertaken any legal duties as to the ORGANIZATION or others. The
ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected officials, agents,
employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds
pursuant to this Agreement, even if such claims or demands are made against the ORGANIZATION.
5. Upon request, the ORGANIZATION agrees to provide AUGUSTA with any information
AUGUSTA deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further
agrees to give AUGUSTA the right to audit all records related to this Agreement, and the ORGANIZATION's
performance thereunder.
6. The ORGANIZATION acknowledges that under the Open Meetings Law for the State of
Georgia (O,C.G.A. 9 50-14-1, et seq.) if the ORGANIZATION receives as a direct allocation tax funds which
constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law.
Further the ORGANIZATION acknowledges that all records relating to this Agreement and the services to be
provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. 9 50-18-70, et seq.).
ORGANIZATION shall cooperate fully in responding to such request and making all records, not exempt, available
for inspection and copying as provided by law.
7. ORGANIZATION certifies that it is a tax exempt entity under 9 501(c) of the Internal
Revenue Code.
8. ORGANIZA TION acknowledges that one of the constraints imposed by the Georgia
Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The
Constitution provides in Article I, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury,
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directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This
"Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious
organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words
of this prohibition have their ordinary meanings. In 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 tenn 'church' is one of very comprehensive signification, and imports an organization for religious
purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct
organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution"
may have a;imilar 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 oftennination, any funds under this Agreement have not been
disbursed to the ORGANIZATION, said funds shall be retained by the City.
II. In addition to the indemnification provision set forth in paragraph 4 hereof,
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.
12. All claims, disputes and other matters in question between the AUGUSTA and
ORGANIZATION arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior
Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue
in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 4
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13. All notices, demands, and requests which mayor are required to be given ORGANIZATION
shall be in writing and shall be deemed to have been properly given when sent postage pre-paid by registered or certified
mail (with return receipt requested) addressed as follows:
FORE AUGUSTA FOUNDA TION, 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.
:~~o ~
A~ ~~.
ATTEST:
Title:
Cf'Y
Sworn to and sub~ibed
before me this ~ day of
~_ ,2001.
~ 7313 '
Notary PUb]~ ~
My Commi:;si n Expires:
Notary PubUc:, Columbia County, Georgia
.., Commlslllon Expires AI.II- Ui. 2003
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