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HomeMy WebLinkAboutHale Foundation Inc. Augusta Richmond GA DOCUMENT NAME: 'na\e. --fu.J\O.Gt\cn, \\It. DOCUMENTTYPE:~Y~~ YEAR: ~9 BOX NUMBER: C)~ FILE NUMBER: \ G\ 'sC1.<1 NUMBER OF PAGES: \l.J2 STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this 1999, 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 HALE FOUNDATION, INC. (hereinafter referred to as /~day of ~61tS T 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: l. Augusta agrees to appropriate to the Organization, Organization accepts, the sum of $25,000.00 (the "Funds"), to be and the paid to Organization upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia. 2. In consideration of such appropriation of the Funds, the Organization agrees to perform the services set forth in said Application. 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. 4. The Organization shall hold harmless and indemnify Augusta, its 1 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 further acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. 5 50-14-1, et seq.) if the Organization receives as a direct allocation of tax funds more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the Organizatio~ 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. 5 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 further certifles that it is a tax exempt entity under 5 SOl(c) of the Internal Revenue Code. IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their 2 seals, the day and year first above written. HALE FOUNDATION, INC. ORG~. By. , ~ sit- . O-~T ATTEST: Title: Sworn t.o and subsq;ibed before. ffi.e ~hl$ ~ da~ of ~-6.-~ :: ~da'r'Y-:PUbli~:: ~! {. ~My;:r;:OIPl!1.j,.~!=1,on E,;<pires: ~ r'......f\M:.'~oh!f'Col.lnty. Georgl~ ~. ~.:.Ex~ uec. b. ~t.l()l ...;-.....~ ."... - ...-.~-- ~ ~~....- .> " 3 . , AUGUSTA-RICHMOND COUNTY COMMISSION 015837 DESCRIPTION P.O, NUMBER INVOICE NUMBER INVOICE AMOUNT NET AMOUNT PASS THRU GRANT 092399 25,000.00 0.00 25,000.00 CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 015837 09/24/99 25,000.00 0.00 25,000.00 ,. , II " I' t" I I . : ' . II I' I' ;).; ,"'::':.." ":. " , :. " ::'1 II..... ';l ':1 ,.. I .... , " I; , P, AUGUSTA-RICHMOND COUNTY ~,c-::<.-~; . ',,:r ,C()fJIMISSION . -. . -~;ROOM 105, ACCOUNTING,DEPARTMENT :'.!!.::r ';:":.. .. .' 530 GREENE STREET _:~-;;~ ~<.)"UGUSTA:~..G.EORGIA'-30911" " PHONE (706) 821-2,334 64-137 611 . CHECK DATE ,,09/24/99 ,",CHECK'NO;::"..' ; '.' . 0 158'3 7 : AMOUNT' **$25,000.00 . 0 *******~***************************************$25000ANDNOCENTS VOID AFTER 90 DAYS PAY .TOTHE . ORDER , OF T00926 HALE FOUNDATION INC Vt/YVYlt.: s,6J. w~c;-~ ASSISTANT COMPTROLLER l REGIONS BANK OF GEORGIA AUGUSTA, GEORGIA j 1110 * 5 a ~ 7 III I: 0 b * * 0 * ~ 7 5 I: b a ~ 0 * 4 a ~ g 4111 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR August 10, 1999 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 $25,000 to Augusta-Richmond County to assist the Hale Foundation, Inc. with their renovation project. 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 completed copy of the contract to you. 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. igdon IsslOner JH/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 Office of the Mayor Bob Young, Mayor Room 806, Municipal Building 530 Greene Street, Augusta, GA 30911 (706) 821-1831 - FAX (706) 821-1838 E-mail: mayoryoung@co.richmond.ga.us August 17, 1999 The Honorable Jim Higdon, Commissioner Georgia Department of Community Affairs 60 Executive Park South, N.E, Atlanta, GA 30329-2231 RE: Emergency Fund Grant Award Grant No. GEF-OO-E02-17 Hale Foundation, Inc. Dear Commissioner Higdon: As requested in your letter dated August 10, enclosed are the executed contracts of the Emergenc): Fund grant award in the amount of $25,000 to Augusta to assist the Hale Foundation, be. with their renovation project. As always, we appreciate the Govemor's support of our community based programs and your assistance in the administration of Augusta's grant awards. .' .... ~;.i!' Enclosures: (2) contracts , ..--:.--. ,-',>- '-. . "~~ ~..-., .~ ,(r;~:;,,:;~ .~--. ~ ~ ~. ,.~~ V~T:) ~~./ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR September 21, 1999 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 80 I Augusta, Georgia 30911 Dear Mayor Young: Enclosed is the Governor's Emergency Fund check in the amount of $25,000 to Augusta-Richmond County to assist the Hale Foundation, Inc. with their renovation project Also enclosed is a copy of the executed contract for your files. Please also be aware that as the recipient of a Governor's Emergency Fund 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 Jaw 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. Ik- 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 OpporlUniry Emplover @ Recl'cled Paper '::5>')\~~:~; <:,~ .' :\~'::~.'1;:~ :{.j;5~!:\~~~V-';'~~<~2.". 'r.,;,\" .Ji:'i,";~i~~~~:;~ ...., ;p".y'.tothO~Oid~;~,,.':'AUGUS TA -R ICHMOND COUNTY '::'ljffjrlij;:i~t~~~h7f;iSD''''''''''';::::':'''''' --"'-:;0"''''''''''< "F"tt<: < ,~'. ~;J, .uB~~~r~~<:_~7~.. <~",...,)""Y~\- .'-~' , ...i''''''' -i!" '~:'.~' '''~I'''";'"~.' Page 001 OF 001 Vendor No: 0000013727 Vendor Name: AUGUST A-R ICHMOND COUNTY INVOICE NUMBER 0909992500000 INVOICE DATE 09/09/1999 STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AT~NTA, GA BANK 1100-1000 GROSS AMOUNT 25,000.00 000002056 ;,).' ..' .. ST ATE~'OFGEd'RGi'A'~::>':.:. DEPARTMENT OF COMMUNITy,'AFFAIRS:' 60. EXECUTIVE PARK SOUTH N. E. iJ::,A TLANTA, GA.,~~3032~-223 t: 11.00000 3 ~ b q 711.':0 b .0000 .0': 07 0.7 L. b 511. Check No: Check Date: Check Total: DISCOUNT TAKEN 0,00 .. ~' '-\' ..:;", 0000031697 09/10/1999 $25,000.00 AMOUNT PAID 25,000.00 , :;'.64-1/610 . ' ,. /";"'.;' 0000031697. Chock No Vondor No:. 00000 13727 $25,000.00 ,: Void otto, 60 days .-."'l_ -.~, -- I". Grant No. GEF-OO-E02-17 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGRE!EMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 10th day of August 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. 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, ~HEREFORE. in consideration of the mutual covenants and warranties contained herein and other gOod and valuable consideration. the receipt and sufficiency of which is hereby ac1mowledged. 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 accordarice with the following payment schedule: $25.000 Within ten days of the Department's receipt of the executed Agreement. $25.000 Total Disbursement . Grant No. GEF-OO-E02-17 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. O.C.G.A. 1345-10-20 through 1345-10-28 and O.C.G,A. 1336-67A(l) through 1336-67A(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 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 appli~able 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 foe 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 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 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 qbligationsunderthis 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 theevenf 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 re-quest. I . Grant No. GEF-OO-E02-17 Page 3 of 4 II. Entire Agreement. This Agreement constitutes the entire agreement among and between the. parties. There are no r~presentations. oral or otherwise. other than those expressly set forth herein. No amendment or modification of this Agreement s.hall 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. qr; Attachments: Exhibit A. "Scope of Services" FOR THE DEPARTMENT OF COMMUNlTI AFFAIRS By: . .' , '. . . Grant No. GEF-OO-E02-17 Page 4 of. 4 EXHIBIT A The Governor's Emergency Fund Grant shall be used by Augusta-Richmond County to assist the Hale Foundation, Inc. with their renovation project. STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 Roy E. Barnes GOVERNOR Robert S. Kahn l \ SlC'bL..~' CHIEF OF STAFF July 19, 1999 Ce1L- (OYlC\,{;e... Z <6Lt~L?31o r7:""- , /J uuUt:;- U-lV\.'-\/~ - The Honoiable Bob YOung Mayor of Augusta Augusta-Richmond County Consolidated Government 530 Greene Street, Room 806 Augusta, Georgia 30911 Dear Bob: On behalf of your legislative delegation, I am pleased to advise you that I have approved the transfer of $25,000 from my discretionary fund to assist the Hale Foundation, Inc. with their renovation project. The funds are being transferred to the Department of Community Affairs for proper handling. You will be contacted by that department shortly, but if you have . any questions or if I can be of further service in the meantime, please let me know. I am very glad that I could be of assistance to you in this matter. Sincerely, REB/tb cc: Richmond County Legislative Delegation Mr. Samuel H. Sibley - ..> .~ - ',,1 ~ ; 'STATE OF GEORGLJ\. .GRANT CERTIFICATION: FORlW 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 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 criteri.a 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 Reportis 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'FbRIVi 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 i~ 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 "4 ~ . . Indeaendent Accountant'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 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 I 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.