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HomeMy WebLinkAboutLocal Assistance Grants Augusta Richmond GA DOCUMENT NAME: Lcc:a.. \ As ~ ('S1-a...Ylc..e G vO--n'\ S DOCUMENT TYPE: ACj r-e. -e.. \r{'\ E:.-'<\-\- YEAR: lOf C) 0] BOX NUMBER: Of f 4 t5<t, FILE NUMBER: NUMBER OF PAGES: QI) i :~ OFFICE OF THE MAYOR BOB YOUNG, MAYOR ROOM 806, MUNICIPAL. BUIL.DING 530 GREENE STREET, AUGUSTA, GA 30911 (706) 821-1831 - FAX (706) 821-1838 E-MAIL.:MAYORYOUNG@CO.RICHMONO.GA.US November 9, 1999 The Honorable Jim Higdon, Commissioner 'Georgia Department of Community Affairs. 60 Executive Park South, NE Atlanta, Georgia 30329-2231 RE: Local Assistance Grants Dear Commissioner Higdon: Enclosed are the following Local Assistance Grant Requests for Final Payment forms for the following organizations: ORGANIZATION GRANT NUMBER Tremount Temple Summer Enrichment Program 00-C-L-56l Augusta Symphony 00-C-L-409 Golden Harvest Food Bank OO-C-l-412 Good Hope Social Services OO-C-l-557 Thank you for your continued assistance in the administration of Augusta's grant awards. Very truly yours, ~ ~r; BobYo g, Mayor Augusta, Georgia ~JN.tjHtj) /t--Jj-r14WJ;e-I--55'1 ,-~-, :.'7;. , "'..... ; .,'.... :~. -:-.,.. -;: ,-.t' . l~;;';:~~:"t>I~~~~~~~;~t5~J,tt~~f~:~~f,~, ", '<." ., ;;;;"~'f.1'~":~~~ :. ....-... GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 Golden Harvest Food Bank RECIPIENT: LA GRANT AGREEMENT NUMBER: OO-C-L-412 LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT GENERAL INSTRUCTIONS: CERTIFICATION: .".' . ~f.' ~li;~~L .. 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 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. I :: 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 Thompson at (404) 679-3154. This is to request final payment on the Local Assistance Grant of the above refe~enced grant number. In making this request, I. hereby' certify that the "Scope of the Project" as identified in Exhibit A of th~' above referenced Grant Agreement number has been completed. ..r ,',; further certify that all funds provided oy this grantl~_ave been spentin~ .. , . .. ,t;. accordance with the terms and conditions ofl,th~Agreement:a~~dlth!l{ all the information stated herein is true andacbW:ate:>::;.... ~ _.' ~,:/.>~;~, '.":~ """'-:. ':.__<.,'~,i~.~ ~' '.. -~~~: ~"-~~~~.i j:~~< . ;~;,:l~ ~ft~Z:j::~' - ~!~~.". .. " ~:"? ;^~~'; -'-f~;' n'.Xi,;;/gl .. ::r .~ . ~ GOLDEN HARVEST ,FOOD BANK DISTRIBUTION 3310 COMMERCE DR. CENTERS: AUGUSTA, GA. 30909 (706) 736.1199 (706) 736.1375 (fax) 13 ENTERPRISE AVE. AIKEN, SC 29803 (803) 648-0752 (803) 442-9266 (fax) E-MAIL ADDRESS: INTERNET PAGE: foodbank@goldenharvest,org http://www.goldenharvest.org November 4, 1999 Ms. Lena Bonner, Clerk of Commission 530 Greene 8t. Augusta, GA 30901 QeW_.M~. Bonner, Please consider this our formal request that you submit to DCA a request for the $5,000 final payment of our $20,000 grant. The entire project, as outlined in our grant request has been completed as follows: $10,000 7,500 2,500 $20,000 expended for trucking costs expended for the purchase of food items expended for the salary of our Donor Relations Manager total grant expenses As always we have the invoices and .cancelled checks on hand to document these expenses. -They are available for your review at any time. Thanks for your support of the work being done by Golden Harvest Food Bank to "fight hunger" in our community. -" \ " ~~p" ~4i1!=-~ UTIUl fORI WIIETWIIII "When you reap the harvest of your land, you shall not be so thorough that you reap the field to its very edge, nor shall you glean the stray ears of grain. Likewise, you shall not pick your vineyard bare, nor gather up the grapes that have fallen, These things you shall leave for the poor and the alien, I, the LORD, am your God. "LEV 19:9,10 .. .;' RECEIVED GEORGIA DEPARTMENT OF AUG 3 0 1999 COMMUNITY AFFAIR lAUGUSTA-RICHMOND COUHlY COMMISSION) Jim Higdon COMMISSIONER August 27, 1999 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: The attached contract when executed commits state funds 111 the amount of $20,000 for the operation of the Golden Harvest Food Bank. 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 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 the General Assembly and Augusta- Richmond County in the administration of this grant. If you have any questions, please feel free to call me or either Amy Thompson at 404.679.3154 or Bobby Stevens at 404.679.4943. ' (J:IDr Jim Higdon Commissioner JH/ja Enclosure cc: Richmond County Legislative Delegation M1(~ 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 Application for Local Assistance Grant Local Assistance Grants are made pursuant to O.CG.A. ~50-8-8(a) which provides in pertinent part: "The department shan 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. Recipie:H identified by the Gener-J Asse:nbiy in Appropriations Act: Richmond County 2. AmOUnt appropriated by General Asse:nbly: $20.000 3. Purpose of the Lod Assist:lr.c: Gram as specified by the General .~e:nbly in ilie Appropriacicr-.5 ..\..c:: Operation of the Golden Harvest Food Bank 4. Information Required by the Deparnnenc or Community Affairs ror Aw:ud: a. Ple:lSe provide a derailed descipcion of me projeo:, loc:uion. cype ofwork to be iniciated. and for what purposes me funds awarded chrough chis gemt would be used. Art::.ch additional pages if nec::ssary. Agency Relations program - Provides 1iason services for food pant=ies and on-site feeding programs in Richmond county and the 17 other Georgia countie in our service area. The Agency Relations Manager aids small agencies in locating funding, equipment, and volunteer resources in their efforts to feed the hungry. In rural areas the program helps to develop Hunger Action Committees that define the problems of hunger in local areas and find local solutions and resources. Y2Kpreparedness and planning, nutritional educati n, and client choice food assitance programs are all recent innovations that aid communities through this program. b. Plc::lSe provide a budget ror (he ?roposed project. listing all rl:"/e:1ues and c:."pe:1dirures. Project Revenues Local Assistance Grant 20,000 Project Expenditures 42,000 Local GoV!. Other 22,000 42,000 42,000 Total c. Provide apecred project surt up and projec-: complecion dates: --ill - QL - 99 .lL - lL - ..2.:L a_ginning Dau C"m piLlion Dau '~' ;- 5, Concacc Inrormacion: P!e:;.se provide [he Following concict informacion ror the gram. Name: Michael J. Firmin Address: 3310 Commerce Dr. Cicy: Augusta Scace: GA Zip: 30909 Tdephone:( 706) 736-1199 Facsimile: ( 706) 736-1375 E-mail: mi f@qo1denharvest.org Name: Address: City: Scate: Zip: Telephone: Facsimile: E-mail: 6. Certification I, the undersigned authorized representative or ~e loa! goverrunenr described in this application. certif./ that co ;:he: besc of my kl"lOwledge. the informacion in this applic:tcion is true and correct and me Loc:tl Assistanc: Gram subjecr co chis ica.cion will be used for me purposes outlined above. I further certify me lOell government described in chis . p as all equisire po r and. aurhoric;r co expend funds for the purposes see fonh herein. 07 06 99 Dare Michael J. Firmin Name (p~:ue prim) Executive Director Tit~ For addicional informacion or assistance; pbse concaG A.myThompson ar (404) 679-3154 or Bobby SCe'vens ac (404) 679-4943. 5/99 '-... '] -. .. ;-s~~lljl:~':,~"-_. .. . . ~-. 7:.... - GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 Golden Harvest Food Bank RECIPIENT: LA GRANT AGREEMENT NUMBER: - OO-C-L-412 LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT i, GENERAL INSTRUCTIONS: CERTIFICATION: Authorized Si ature " .Bob .y~,~ Mayor Name aridJ'itle 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 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 camerof the grant agreement. I 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 t..;.e above listed address. If you have any questions, please contact Bobby Stevens at (404) 679-4943 or Amy Thompson 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 all funds provided oy this grant have been spent in accordance with the terms and conditions of the Agreement and that all the information stated herein is true and accUrate. ,,- , :' ::;(5t " .- ,~ ...:.~!. .-:~"~fi!;:i;i~[ie~~__-,~_~.~~~, J! .~, .' .., GOLDEN HARVESt " FOOD BANK DISTRIBUTION 3310 COMMERCE DR. CENTERS: AUGUSTA, GA. 30909 (706) 736-1199 (706) 736-1375 (fax) 13 ENTERPRISE AVE. AIKEN, SC 29803 (803) 648-0752 (803) 442-9266 (fax) E-MAIL ADDRESS: INTERNET PAGE: foodbank@goldenharvest.org http://www.goldenharvest.org November 4, 1999 Ms. Lena Bonner, Clerk of Commission 530 Greene St. Augusta, GA 30901 Dear Ms. Bonner, Please consider this our formal request that you submit to. DCA a request for the $5,000 final payment of our $20,000 grant. The entire project, as outlined in our grant request has been completed as follows: $10,000 7,500 2.500 $20,000 expended for trucking costs expended for the purchase of food items expended for the salary of our Donor Relations Manager total grant expenses As always we have the invoices and cancelled checks on hand to document these expenses. They are available for your review at any time. Thanks for your support of the work being done by Golden Harvest Food Bank to "f"1ght hunger" in our community. ,,~'HQ!~ ~~~ '::::1.... 't:: U'''' fill UIIWfWIII "When you reap the harvest of your land, you shall not be so thorough that you reap thejield to its very edge, nor shall you glean the stray ears of grain. Likewise, you shall not pick your vineyard bare, nor gather up the grapes that have fallen. These things you shall leave for the poor and the alien. /, the LORD, am your God. "LEV 19:9,10 '. .... ..--- '.. Grant No. OO-C-L-412 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 26th day of August 1999. by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and 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 autpoIized 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 authoIity 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 tern1s 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 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: $15.000 Within ten days of the Department's receipt of the executed Agreement. Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $5.000 $20.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is speCified on page one. Grant No. 00-C-L-412 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 ~36-67A(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 Bindinf! 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 1;hat all necessary actions have been aild 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 Auditinf!. 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 t;hat 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 A.l!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. 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. Grant No. OO-C-L-412 Page 3 of 5 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 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 ofa community or society." The American Heritage Dictionary Second College Edition 666 (l982). 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 ~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. OO-c-L-412 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIE By: ~~ Attachments: Exhibit A. ~Scope of Services" FOR THE DEPARfMENT OF COMMUNI1Y AFFAIRS By: --- t- o- . ,'" .. Grant No. OO-C-L-412 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Richmond County for operation of the Golden Harvest Food Bank. . 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 retum issubstantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. .-.;- ., ,-;; 1. .U'" STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of~Lif 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 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 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 services to feed the hungry, thereby improving the public health of the poor and 1 ( r, needy. 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: 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 2 accounting principles. 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. 3 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, 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 I 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. "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 cownunity 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 orga~ized 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. 4 , 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. 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: FOOD BANK .... Sworn to and subscribed before me this ~ day of ~~" 1999. ~7n~ Notary Public My Commission Expires: CJ- - I (p ,-02-- ':~~,::~-- . \\\\\lIWII/'ll. - ":>."\\...., 1\-1 f,.. ~... \.. ~ IV. t.- "'.f; ~ <<'"..~ .,."t.U;-II.h". / {.., 1"'" ... "-" ..- ",.\;. "." ': .~ .... $'...... .....,j.. 0' .u"J'1 t. .,'\, ".\1' '1; $~/r. ~ ,..~. ~ ~?~\ ~ "^ /: Ev,),r;!:s ' ":1': 't: ....~. 1\1,"'.... \,..; ~ {GEORG!A i ~ -; \. FEB. 16, 200~ f!I -;. '""\. -bJ' ",.r:,. .~: j~j .... -'lI' ,.... ~ ~ " ~~"" ",1}" ....~""'"-.'135.\.,\.-......4'<,if '~I\..~ ~,.~..to~ 1'\ '.)~'~I ~'.!. ~ ifJ"{.jY 'L . ~~,,i';;:;~~ut:'~:.~~')r.:.~ .. OFFICE OF THE CLERK OF COMMISSION Lena J. Bonner, CMC Clerk of Commission Nancy MQrawski Deputy Oerk December 6, 1999 Mr. Mike Furman, Director Golden Harvest Food Bank 3310 Commerce Drive Augusta, GA. 30909 Dear Mr. Furman: Enclosed is a check in the amount of $5,000 representing final payment (25%) of your '99 Georgia Department of Community Affairs Local Assistance Grant. Ifwe can be of any further assistance, please feel free to call. Very truly yours, e!!f}fI!~ Clerk of Commission Enclosure: 530 Greene Street. Augusta. Georgia 30911 . (706) 821-1 R20 . Fax (706) R21-1 R~R .. " . AUGUSTA-RICHMOND COUNTY COMMISSION .. 020011 y DESCRIPTION: P.O. NUMBER ,INVOICE NUMBER INVOICE AMOUNT, NET AMOUNT St Op Grt- Capital 00CL412 5,000.00 0.00 5,000.00 - CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 020011 12/03/99 5,000.00 0.00 5,000.00 ~~q~tt~)~~~i~'~:'~}:' :Et~1~f~~~t.~~~\~~l~~~~;,n~~<#~?~.~~;~~~~;.ji~:;1~~,%i~~~;':-:;:.;~~I~I~~~~:~~~;~;r-?;:'~~; '.~'~~':- t:-;c"'-'"" '-W5TA.~RICHMOND: COUNTY", ,- ;;i€0MMISSION;~(liI~lili!I.' ' 5~~'-,~~:~., _- _..'~":1I!lll.l"'71,",. ~1I~I\il~~:' 5M"c::cour-mNGiDEPARTME 530IGR~~E;STRE.cr:~,rr:!ll!tl;:;;; G.QS:r~'tGEORGIN~09;11l::,-'", "_ ,,:-~~~~;~!~82?:~,~~~~~~;~;:: "':~, " "':';.~-.t:s'-' .~ "~~'~t.*.~itt~~"*i'.~l~ !~i,j~~~:\~;:~"~.~~~~f:~'oKM: r.: -:~ _-'~'.' . t~~~~;~i;tr III 0 20 0 .. .. III I: 0 b .. .. 0 1. j 7 S I: b a j 0 .. L. a j g L. III