HomeMy WebLinkAboutAugusta Clean and Beautiful Program
Augusta Richmond GA
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BOX NUMBER:
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FILE NUMBER:
NUMBER OF PAGES:
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GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
Jim~Higdon
COMMISSIONER
September I, 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 In the amount of $20,000 for the
operation of the Augusta Clean and Beautiful Program.
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.
w-
jom H;gdOn~
Commissioner
JH/ja
Enclosure
cc: Richmond County Legislative Delegation
~1j.j5
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
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Application for L~cal Assistance Grant
Local Assistance Grants are made pursuant co O.C.G.A. ~50-8-8(a) which provides in pertinent pare:
"The department shall 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. Reci?ie::t identified by the General Assembly inAppropriations Ace:
City of Augusta
2. Amount appropriated by General Assembly:
$20,000
3. Purpose of che Local Assistance Grant as specified by che General Assembly in che Appropriations Act:
Operation of the Augusta Clean and Beautiful Program
4. Infor:nation Required by che Department of Comm~ty Affairs for Award:
a. Ple:;se provide a detailed description of che project, location, type of work co be initiated, and for wha~purposesehefunds
awarded through chis grant would be used. Attach addicion~ pages if necessary. .
b. Ple"'..se provide a budget for che proposed project, listing all revenues and expenditures.
~.2C> dO d . .
/ project!evenues Project Expenditures
Local Assistance Grant ~
Local Gove. /,,7 <:II
Ocher ~ ~~~ f1q-~~/
Total #2 ~I')/JO ff -:ioj (){; 0
--
c. Pro\;de c''Cpected project start up and project completion dates:
- -
---
Btpnning Dau
Completion Dau
5. Contact Information: Please provid: (he following contact information for [he grant.
Name:/?1t:"Mo ~~J;q o(J~ ~~kMcL- .
-...-- ~
Address:~' -~ '1 ~ LS- /.IE ~r~ / )2.. . / .
Ci<)C A'7b /LLJ/z, , .. s",GI9- zip..509 b I
Telephone: 'tJt. 12.2 %I~imil~~...'7..2.?,J1 ':fE-mail: /J::."/d-.I?t1.J&2 tJ...()/ ~d'rYt
/ . t/_~ ~
Name: ,/-..I<:-L / )q-.A-J- Afrt /44--/C./N.L ..L:>LP-N'OS
.
Address:
Ciry:
State:
Zip:
Telephone:
Facsimile:
E-mail:
6. Certification
I, me undersigned authorized representative of me local government described in this application, certify mat to me
best of m owl edge. the informacion in this application is true and correct and the Local Assistance Grant subject
to this pI catio will e used for the purposes oudined above. I further certify me local government described in
this ap Ii ti equisite ower and aumoriry to expend funds for me purposes set forth herein.
fA.A.,
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Nam~ (pleas~ print)
&eCA1iYL )/te~~
Title
For additional information or assisrance,
please contact Amy Thompson at (404) 679-3154 or Bobby Stevens at (404) 679-4943.
5/99
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Metro AU5U$t~ ae~n 8' De~utitulln~
525 Telfair Street · Augusta, Georgia 30901
(706) 821-1790 /1791 · Fax (706) 821-1793
E-Mail: Ikblanos@aol.com
Lillian-Katharine Blanos
Executive Director
MEMORANDUM
TO:
Lena Bonner
Clerk of Commission
Lillian-Katharine B~s . _ ~ ".I. ~ ~
Executive DirectorVJ~/ ~~~
FROM:
RE:
Request of Remaining Money of Governor's Grant
DA TE:
December 28, 1999
Holiday Greetings Lena:
Per our telephone discussion last week, I am writing to let you know
that Clean and Beautiful has leased/purchased a Blazer Utility vehicle
as stated in our grant from the Governor's fund. As you know, we have
received $15,000 of the. grant funds and now I am requesting the
remaining $5,000 to lease/purchase a copy machine.
This grant has been a blessing for the Clean and Beautiful agency and
to the many residents we serve.
Thank you.
LKB/dh
.'.
AUGUSTA-RICHMOND COUNTY COMMISSION
BOB YOUNG
Mayor
JAMES B. WALL
CITY ATTORNEY
P. O. Box 2125
454 GREENE STREET
AUGUSTA, GEORGIA 30903
Bus. (706) 821-2488
Fax No. (706) 722-5984
E-Mail: JWall@co.richmond.ga.us
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
RICHARD L. COLCLOUGH
FREDDIE L. HANDY.
Wll.LIAM B. KUHLKE, JR.
WM. "WILLIE" H. MAYS, III
J. B. POWELL
STEPHEN E. SHEPARD
LEE BEARD
Mayor Pro Tern
CHARLES R. OLIVER, P E. CPA
Administrator
MEMORANDUM
To:
Augusta Clean & Beautiful
From:
James B. Wall
Date:
September 9,1999
The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community
Affairs, on August 17, 1999 concerning local assistance grants for fiscal year 1999-2000. In that
memorandum, he addressed two issues and concerns.
The first concern is for funds for a grant to a local government for the benefit of an apparently
private organization. He concluded that the grants should be authorized only when the local government
recipient makes the funds available to the private entity in the form of a contract for services. In addition,
the contract must show the scope of services and how the scope of services is in aid of a lawful activity
whose benefit to the County is substantial.
The previous contract which we have used with private entities, which you may have already
signed, meets the first requirement, i.e., it is a contract for services; however, I am concerned the DCA
may reject the earlier contract because it does not clearly show the scope of services as being in aid of a
lawful activity with a benefit substantially to the County. Therefore, I have revised the contract to
provide additional language in this regard. Please review the scope of services to insure it accurately
states the purpose for which the grant will be utilized. .
The second concern was the constitutional prohibition against paying funds to, or contracting
with, a sectarian entity. We have been required to conduct "such factual inquires as may be reasonably
necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your
organization is not "organized out of belief in God or other supernatural beings", which is a requirement
for your organization being eligible for the grant funds.
I have attached two copies of the contract, sll1ce we must provide one copy to DCA. The
remaining copy is for the City's records.
Please execute both copies of the contract in order that they may be returned to me. Further, if
you should have any questions concerning either the scope of services or the certification, please call me.
~
.. ~
STATE OF GEORGIA
1999 CORPORATION ANNUAL REGISTRATION
CATHY COX
Secretary of State
CORPORATIONS DIVISION
PO BOX 105607
Atlanta GA 30348-5607
(404)656-2817
WARREN H. RARY
Director
CORPORATION NO.
K624824
IllImlmlll~lmllm~~~ 186702
METRO AUGUSTA CLEAN AND BEAUTIFUL, INC.
525 TELFAIR ST
AUGUSTA, GA 30901-5867
Information on record as of: 12 - 3 1 - 98
Registered agent
LILLIAN KATHARINE BlANOS
525 TELFAIR 5T
AUGUSTA, GA 30901
AMOUNT DUE:
MAKE CHECK PAYABLE TO:
"SECRETARY OF STATE"
1. The Annual Registration is due by April 1, 1999.
di sso luti on/ revocati on.
Corporations that do not file are subject to administrative
2. Verify information below and update if necessary. If correct. sign, detach and return with payment. If no officers
or FEIN (Federal Employer Identification Number) are listed, please print or type on appropriate line and return with
payment.
3. Allow 2 to 3 weeks for processing. Please visit our web site to verify receipt of the registration and to obtain
answers to frequently asked questions. http://www.sos.state.ga.us/corporations.
NOTE: EXISTING CORPORATIONS HAVE BEEN ASSIGNED A NEW CORPORATION NUMBER FOR Y2K COMPLIANCE.
COM I N GIN 1 99 9 ! ! ! - Online registration via the Internet (Check our web site for further details)
http://www.sos.state.ga.us/co rp oratio n s
Verify registered agent, entity officer and status information via the Internet -
Reserve names and request certificates online!
Call our Customer Service Group to obtain written certification of data.
DETACH AND RETURN FORM BELOW WITH PAYMENT IN ENCLOSED ENVELOPE
----------------------------------------------------------------------------
CORPORATION NAMe
ADDRESS
CITY
STATE ZIP
GA 30901
GA 30814
GA 30909
GA 30909
GA 30901
METRO AUGUSTA CLEAN AND BEAUTIFUL, INC.
525 TEL.FAIR ST
AUGUSTA
CEO: CATHY BL.ACK
CFO: WIL.L.IAM M MITCHEL.L. uR
SEC: MAGNOL.IA DONAHUE
AGT: L.IL.L.IAN KATHARINE BL.ANOS
IF ABOVE INFORMATION
5887 WRIGHTSBORO RD
3344 WHEEL.ER RD
439 AUMOND RO
525 TEL.FAIR ST
HAS CHANGED TYPE OR
HARL.EM
AUGUSTA
AUGUSTA
AUGUSTA
PRINT CORRECTIONS BELOW
CORPORATION ADDRESS:
I I _
I C-A .1A 09 o~.
I GA L~d1 oC[_
I C- A 13' 01-0 7
I G~3ti7t'
()(;,,?,
. .
BR201 (12-98) 1999 CORPORATION ANNUAL REGI~TRA TIQN
1111111'1"1111I1 !111I 11111 11111 1111111111111 "...: ',...::}~..:::J~,:.:::.!: \~~.<;
COUNTY CHANG!
RICHMOND DR CORRECT I ON:
FEE$: $15_00 GA 07/12/96 DN N K624824
FOII:M 10 SSFOO 1 11.11.""
_ _'.. _. _ _.. _ _... _ _ _ a.. _ _ _ _ . .. .... _ _ . _. _ . .. . ...-
s;erretary of state
. <rrrirpodltious, iliuisiou
~"itt 315, .est mower
2 ~artin 1lZutl1er 1King 1Jr. ilr.
J\tlaut&, <!ieorgia 30334-1530
.~
DOCKET NUMBER
CONTROL NUMBER:
EFFECTIVE DATE:
REFERENCE
PRINT DATE
FORM NUMBER
973350324
9624824
11/17/1997
0048
12/02/1997
611
JAMES B. WAll
BURNSIDE, WAll, DANIEL, ElliSON & REVEll
P.O. BOX 2125
AUGUSTA GA 30903
CERTIFICATE OF NAME CHANGE A~ENO~ENT
I, Lewis A. Massey, the Secretary of State and the Corporation Commissioner of the
State of Georgia, do hereby certify under the seal of my office that
AUGUSTA/RICHMOND CLEAN & BEAUTIFUL, INC.
A DOMESTIC NONPROFIT CORPORATION
has fi led articles of amendment in the office of the Secretary of State changing
its name to
METRO AUGUSTA CLEAN AND BEAUTIFUL, INC.
and has paid the required fees as provided by Title 14 of the Official Code of
Georgia Annotated. Attached hereto is a true and correct copy of said articles of
amendmen t .
WITNESS my hand and official seal in the City of Atlanta and the State of Georgia
on the date set forth above.
~~ ~,d Af~
~IS A. MA~SE~/~ ~
SECRETARY OF STATE
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Grant No. OO-C-L-455
STATE OF GEORGIA
COUNTY OF DEKALB
. STATE OF GEORGIA
DEPARTMENT OF COMMUNITY AFFAIRS
AGREEMENT FOR GRANTING OF STATE FUNDS
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. 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 $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.
$5.000
Upon receipt by the Department 'of written certification of project
completion in accordance with this Agreement.
$20.000
Total Disbursement
4. Applicable Dates. The effective date of this Agreement is specified on page one.
';>
"
Grant No. 00-c-L-455
Page 2 of 5
5. Confficts 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 n~gulations. including but not limited to. O.C.G.A. 945-10-20
through 945-10-28 and a.c.G.A. 936:'67A(I) through 936-67A(4) arid 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 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
including the expenditure of funds; and that all necessary actions have been and will be taken in
conformance with all applicablelaws to make this Agreement and actions hereunder valid. enforceable
and legally binding acts of the Recipient.
7. Monitoring and Auditinl!. 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.
8. Open 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.
9. No Agency 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; (it) 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 (tv) 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-455
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. I, 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 of 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 WQl'ds of this prohibition have their ordinary meanings. In Bennett. the Supreme Court
indicated that "religious" connotes faith inGod, 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 lif~ 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.
(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 As!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-455
Page 4 of 5
IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the date first written
above.
FOR THE RECIPIENT
BY:~~
tf~ Mayor p~r~
Attachments: Exhibit A. "Scope of Services"
FOR THE DEPARfMENT OF COMMUNIlY AFFAIRS
By:
.:;
Grant No. OO-C-L-455
Page 5 of 5
EXHmlT A
The Local Assistance Grant shall be used by the City of Augusta for operation of the Augusta Clean
and Beautiful Program.
. 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 return
is substantial. No act or failure to act by DCA will waive the requirement of compliance or
prevent the State from asserting noncompliance.
f'. r-~
.~. ..
STATE OF GEORGIA
RICHMOND COUNTY
GRANT AGREEMENT
'-
THIS AGREEMENT, made and entered into this ~~ day of ~
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 AUGUSTA CLEAN AND BEAUTIFUL, INC. (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
operating funds for cleaning roads and lots of garbage and litter.
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:
o Police and fire protection;
~ 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
~urposes and to account for such Funds in accordance with generally accepted
accounting principles.
2
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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. S; 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. S; 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 S;
3
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"
SOl(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 supernatura~ 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 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
4
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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.
AUGUSTA CLEAN AND BEAUTIFUL, INC.
ORGANIZATION
BY~J)U-e.J~ By
As ltS . W~
ATTEST: ~
Title: /"'ATTEST:
Sworn to and subscribed
before me this iq~ day of
~.~
N~tary . ic -
My Commis~s'ion Explres:
~~- \)d:~~67YD
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OFFICE OF THE CLERK OF COMMISSION
LENA J. BONNER. CMC
CLERK OF COMMISSION
NANCY MORAWS1~1
DEPUTY CLERK
ROOM 806 - MUNICIPAL BUILOING
530 GREENE STREET - AUGUSTA. GA. 3091 I
(706) 821-1820 - FAX (706) 821-1838
February 8,2000
Ms. Lillian-Katherin Blanos
Augusta-Richmond Clean & Beautiful
500 Telfair Street
Augusta, Georgia 30901
Dear Lillian-Katherin:
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.
If we can be of further assistance, please feel free to call.
Very tru:~~1
~~/JPItUJ
Clerk of Commission
Enclosure:
..... ..
AliG'~STA-RICHMOND COUNTY COMMISSION
023882
DESCRIPTION P.O. NUMBER INVOICE NUMBER INVOICE AMOUNT NET AMOUNT
!JASS THRU 00CL455 5,000.00 0.00 5,000.00
-
.
CHECK NUMBER I CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
023882 \02/04/00 5,000.00 0.00 5,000.00
~.;,-~~~.;",.
. 64.137
,..' "':',:' 611
1110 2 j B B 2 III I: 0 b ~ ~ 0 ~ j 7 5 i: b a j 0 ~ L. B j t1 L. III
AUGUSTA"'RICHMOND CO'UNTY COMMISSION
.. ~ ..r'
023882
I DESCRIPTION P.O. NUMBER iNVOICE NUMBER INVOICE AMOUNT NET AMOUNT
rASS THRU OOCL455 5,000.00 0.00 5,000.00
I
I
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
023882 02/04/00 5,000.00 0.00 5,000.00
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