HomeMy WebLinkAboutCommits State Funds
Augusta Richmond GA
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YEAR:
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BOX NUMBER:
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FILE NUMBER: \ tf 5CZflQ
NUMBER OF PAGES:
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GEORGIA DEPARTMENT OF
COMMUNITY AFFAIR
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RECEIVEO-"!'
AUG.3 0 1999
lAUGUSTA-RICHMO~,COutfTY COMMISSION) J.
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Jim Higdon
COMMISSIONER '
Roy E. Barnes
GOVERNOR
August 27, 1999
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 $5,000 to operate the
Augusta/Richmond County Museum.
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.
Wcf^'
Jim Higdon
Commissioner
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Enclosure
cc: Richmond County Legislative Delegation
EQUAL HOUSING ~
OPPORTUNITY L:J
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60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940
www.dca.state.ga.us
An Equal Opportunity Employer
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Application for Local Assistance Grant
Local Assistance Grants are made pursuant to a.c.G.A. ~50-8-8(a) which provides in pertinent parr:
"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. Recip~ent identified by the General Assembly in Appropriations Act:
Augusta-Richmond County
2. Amount appropriated by General Assembly:
$5,000
3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act:
Operate the Augusta/Richmond County Museum
4. Information Required by the Department of Community, Affairs for Award:
a. Please provide a detailed description of the projecr, location, type of work to be initiated, and for what purposes the funds
awarded through this grant would be used. Attach addition~ pages if necessary.
This local assistance grant will enable th~ Augusta-Richmond County
HUseum',to continue "its collections conser'vation program as well as
begin certain collections-management initiatives as prescribed in a
report by the Amerisan Associati'on' of Ifuseums. The project, which
includes housing rare and historically-significant obje~ts in archivRl-
quality materials, will be conducted ~t the Augusta-Richmond County
Museum. It will be carried out by museum per~onnel.
b. Please provide a budget for the proposed projecr, listing all rc:venues and expenditures.
Local Assistance Grant
Project Revenues
$5,000
Project Expenditures
55,000
Local Govt.
Other
sc; nnn
$10,000
~~,ono
$10,000
Total
c. Provide expecred project start up and projecr completion dates:
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2 29:. 00
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B~ginning Dau
Completion Dau
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5, Conracr Informarion: Please provide rhe following conract informarion for rhe granr.
Name:
Scott E. Loehr
560 Reynolds St.
Address:
Cicy: Augus ta Srare: GA
(706'722-8454 ' (706)724-5192
Telephone: Facsimile: E-mail:
Zip: 309 0 1
Name:
Gordon A. Blaker
Address:
560 Reynolds St.
C Augusta :GA
icy: Stare:
""1 h (706) 722 - 8454 F . '1 (706) 724 - 5 1 9-2 E-m~;I.'
~e ep one: aCSlml e: ...
30901
Zip:
6. Certification
I. the undersigned authorized represencacive of the local governmenc described in this application, certify that co the
best of my knowledge, me informacion in chis applicarion is crue and correct and me Local Assistance Grant subject
co chis . cacion will be used for me purposes ouclined above. I further certify me local governmenc described in
chis a pli cion all r uisite pow: ~ and authority to expend funds for the purposes set forth herein.
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For addicional informacion or assistWce,
please concact Amy Thompson at (404) 679-3154 or Bobby Stevens at (404) 679-4943.
5/99
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AUGUSTA- RICHMOND COUNTY- MUSEUM
December 8, 1999
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Ms. Lena J. Bonner, CMC
Clerk of the Commission
Augusta Commission
530 Greene Street
Augusta, Georgia 30911
Dear Ms. Bonner:
By means of this correspondence, the Augusta-Richmond County Museum is
requesting the balance of funds from its 1999 Georgia Department of Community
Affairs grant. The museum has expended the first installment ($3,750) of the $5,000
grant designated for museum operations and particularly collections-management
projects.
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The museum is grateful for this significant support through the state's
Department of Community Affairs.
Please contact me should the need arise.
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PRESIDENT: COBBS G, NIXON VICE.PRESIDENT: THOMAS 0, EDWARDS, jR, TREASURER: JULIAN W, OSBON
SECRETARY: JACK L PADGETf, jR, BOARD OF TRUSTEES: D, DOUGLAS BARNARD, jR, . BEVERLY j, BA'RNHART . ANN C. BOARDMAN
JENNY B, DAVISON. LaVERNE H, GOLD. j, DOUGLAS HERMAN, SR. . PHILIP A. KENT. SANDRA K, MERCER. W, CHARLES MOYE
H. MONTY OSTEEN, jR, . BONNIE RUBEN . FRANK G, SPEARS . EDWARD j. TARVER . ROSCOE WILLIAMS . BOB YOUNG
DIRECTOR: SCOTf W, LOEHR
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Grant No. OO-C-L-411
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
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 authortzed by the provisions of O.C.G.A. 950-8-8 to grant and
adminjster 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 authortty to enter into this Agreement and
expend funds for the purposes set forth herein:
NOW, THEREFORE. in consideration of the mutual covenants and warranties contained
herein and other good and valuable consideration. the receipt and sufficiency of which is hereby
acknowledged. the parties agree and covenant as follows:
1. Scope of Proiect. The Department shall upon the terms and conditions contained
herein grant to Recipient. and the Recipient hereby accepts, an amount not to exceed $5.000 to be
used solely for the purposes specified in the attached Exhibit A. which is incorporated herein by
reference and made a part of the Agreement.
2. Accountabilitv. The Recipient agrees to expend said funds solely in conformance with
this Agreement and to account for said funds in accordance with generally accepted accounting
prtnciples. Any funds not expended for the purposes provided herein shall be returned to the
Department. no later than completion of the project.
3. Disbursement of Funds. Subject to the availability of funds for such purpose. the
Department shall pay the Recipient in accordance with the following payment schedule:
$3.750
Within ten days of the Department's receipt of the executed
Agreement.
$1.250
Upon receipt by the Department of written certification of project
completion in accordance with this Agreement.
$5.000
Total Disbursement
4. Applicable Dates. The effective date of this Agreement is specified on page one.
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Grant No. 00-C-L-411
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. a.c.G.A. 1345-10-20
through 1345-10-28 and a.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.
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 applicable laws to make this Agreement and actions hereunder valid. enforceable
and legally binding acts of the Recipient.
7. Monitorinl! 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 Al!ency 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.
II. 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; (H) has failed to
complete all or a 'portion of the actions required under the Agreement; (Hi) 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-411
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. VlI.
(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 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 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 AIlreement. 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]
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Grant No. OO-C-L-411
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written
above.
By:
FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS
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t/ Jim Hig ,; Commissioner
Attachments: Exhibit A. ~Scope of Services~
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Grant No. OO-C-L-411
Page 5 of 5
EXHIBIT A
The Local Assistance Grant shall be used by Richmond County to operate the Augusta/Richmond
County Museum.
. 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 substanti~il 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.
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STATE OF GEORGIA
RICHMOND COUNTY
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this L day of ~ L,/
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/RICHMOND COUNTY MUSEUM (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 $5,000.00 (the "Funds"), to be paid to
Organization upon execution of this Agreement upon the terms set forth in the
Grant from the State of Georgia, which is incorporated herein by reference.
2. In consideration of such appropriation of the Funds, the
Organization agrees to perform the following services, which Augusta has
determined renders a substantial benefit to its citizens, to wit: To operate the
museum.
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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;
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;
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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 contr9l
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.
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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. ~ 50-14-1, et seq.) if the Organization
receives as a direct allocation tax funds which constitute more than 33 1/3% of
its funds from all sources, it may be required to comply with the Open Meetings
Law. Further the Organization acknowledges that all records relating to this
Agreement and the services to be provided under the Grant may be a public record
subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.).
Organization shall cooperate fully in responding to such request and making all
records, not exempt, available for inspection and copying as provided by law.
7. Organization certifies that it is a tax exempt entity under ~
3
'. .
,
'.
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 '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. "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 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 bel.ief in God or other
supernatural. beings" and Organization hereby certifies to Augusta that it is not
so organized and that it is not a rel.igious 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
AUGUSTA/RICHMOND COUNTY MUSEUM
::~AN1iON ,
As" ts CR~;/E..PJ~tJ-
By:
As
seals, the day and year first above written,
ATTEST: ~~
Tide: ..!~~~ f\,5St:'5.&L
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Sworn -to and subscribed
bef re me-- of
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ATTEST:
,-d >
Notary P lie
My Comrnis'iion - Expires:
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OFFICE OF THE CLERK OF COMMISSION
LENAJ, BONNER.CMC
CLERK OF COMMISSION
NANCY MORAW51~1
DEPUTY CLERK
ROOM 806 - MUNICIPAL BUILDING
530 GREENE' STREET - AUGUSTA, GA, 30911
(706) 821-1820- FAX (706) 821-1838
February 8, 2000
Mr. Scott Loehr
Augusta-Richmond County Museum
560 Reynolds Street
Augusta, Georgia 30901
Dear Scott:
Enclosed is a check in the amount of $1,250 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.
~?i!~
Clerk of Commission
Enclosure:
"
AUGUSTA-RICHMOND COUNTY COMMISSION
023543
OESCRIPTlON P.O, NUMBER INVOICE NUMBER INVOICE AMOUNT NET AMOUNT
!PASS THRU 00CL411 1,250.00 0.00 1,250.00
-
CHECK NUMBER CHECK DATE I TOTAL INVOICES DISC TOTAL CHECK TOTAL
023543 02/04/00 I 1,250.00 0.00 1,250.00
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AUGUSTA.-RICHMOND COUNTY COMMISSION
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AUGUSTA, GEORGIA
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Application for Local Assistance Grant
LocJ1Assistance GC'Jl1t:S are made ?ursuanr to O.CG.A. ~50-8-3(a) which provides in perrine:lr parr:
"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. Recipient identified by me Gc:ned ...\..sse.:nbly in Appropriations Act:
Augusta-Richmond County
2. Amoune appropriated by Gene::ti Assembly:
$5.000
3. Purpose of the Loc:ll Assistance GC'Jl1t as specified by me Gene::ti Assembly in me Appropriacions Ac:::
Operate the Augusta/Richmond County Museum
4. Informacion Required by the Department of Community Aff'..irs for Award:
a. Ple:lSe provide a deui.led. description of the projecr, location, type of work to'be initiated. and for what purposes the funds
awarded through chis grant would be used. Arrach. additional pages if necessary,
This local assistanc.e grant \o7ill enable the Augusta-Richmond County
Mhseum to continue its collections conservation program as \o7ell as
begin certain collections-management initiatives as ?rescribed in a
~eport by the American Assuciatil)n uf I!useums. The pcoject, which
1ncludes. housing rare and historically-significant ubjects in archiv~l-
quality materials, will be conducted at the Augusta-Richmond Cuunty
Museum. It will be carried out by museum personnel.
b. Please provide a budget for me proposed ?rojecr, listing all re"/enues and ~'Cpendirures.
LocJ1 Assistmc:: Gom
Project Revenues
55,000
Project Expenditures
55,000
Local GoV!.
ache:
S'i I'1nn
SLO,aOO
~5.0nlJ
SLO,OOO
ToU!
c. Provide expecred projecr scan: up and proje::::: completion dates:
9
1
99
2 29_ 00
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