HomeMy WebLinkAboutCommunity Affairs
Augusta Richmond GA
DOCUMENT NAME: Co VY""\ 1fY'.. v..... h \ ~A- t'?o-- \ 1"'::,
. DOCUMENT TYPE: CO (") Vro..C- \--
YEAR: \ .C\ C\ Of
BOX NUMBER:
~
\~5'64- .
FILE NUMBER:
NUMBER OF PAGES:
1-\
~
, I
RECEIVED
, ('<-
GEORGIA DEPARTMENT OF _AUG 3 0 1999
COMMUNITY AFFAIR ~USrA-RICHMONDCOUHTYCOIt'~~
;/
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 $ I 0,000 for operating
funds for the Augusta Symphony.
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.
a:a~
Jim Higdon
Commissioner
JH/ja
Enclosure
cc: Richmond County Legislative Delegation
JAw;Jj07
EQUALHOUSING~ 60 Executive Park South, N.E. 0 Atlanta, Georgia 30329-22310 (404) 679-4940
OPPORTUNITY L:.J www.dca.state.ga.us
An Equal Opportunity Employer
1.
* Recycled Paper
','
,
.'
- .
.::;:
'i
Application for Local Assistance Grant
Local Assistance Grants are made pursuant to Q.C.G.A. ~50.8-8(a) which providc:s 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. Recipient identified by the General Assembly in Appropriations Act:
Richmond County
2. Amount appropriated by General Assembly:
$10,000
3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act:
Operating funds for the Augusta Symphony in Richmond County
4. Information Required by the Department of Community Affairs for Award:
a. Please provide a detailed dc:scripcion of the project. location, type of work to be initiated, and for what purposc:s the funds
awarded through this grant would be used. Attach additional pagc:s if necessary.
b. Please provide a budget for the proposed project, listing all revenues and expenditurc:s.
Local Assistance Grant
Project Revenues
~ I () , 0 0 O.
,
o
o
(J /0. 000,
Project Expenditures
Local Govt.
Other
Total
c. Provide expected project start up and project completion datc:s:
-
--
- -
---
B~nn;n! Dati!
Comp~rion Dau
I,
.:.
... ... ~..
5. Concact [nformariofl: Please provide ~wing contact information for (he gran. r.
Name: c2J/;aU,--r)~{;W/2< ~~V 1d1L~
vJ~) Y3~
Address:
579
Ciry: a'rJll/dL1~ State: elJ Zip: 3c:J?~3
Telephone: tut 5'26 -7"705 Facsimile: 706 ~~~4735 E-mail: tli.-lfJI;/~/}~y1:~
@J5uf~U;' ~
Name:
Address:
Ciry:
State:
Zip:
Telephone:
Facsimile:
E-mail:
6. Certification
1, me undersigned authotized represenrarive of me local government described in mis applicarion. certifY mat to me
best of m owledge, me informacion in chis applicacion is aue and correct and me Local Assisrance Grant subject
(0 chis ap r -cio . i e used for me purposesouclined above. I further certify me local government described in
chis appli quisite power and aumoriry ro expend funds for me purposes set forth herein.
()J
~ ;28 99
Dare
S/llllft.lJU Will; E a/fUbE/?
Nam~ (pIau print)
L.-~ I/; ,
;:;kLdziw /ddlutbo
TitC
For addicional informacion or assistance.
please conr:m Amy Thompson at (404) 679-3154 or Bobby Stevens at (404) 679-4943.
5/99
/.
.;
.,
-;
'r 1
~ ,:, :~ ,. '~aM
~Y /.\...~ ~l :'~. ~.J;JJ
-1~.
T
INTERNAL REVENUE SERVICE
DISTRICT DIRECTOR
C - 1130
ATLANTA, GA 30301
DEPARTMENT OF THE TREASURY
Date: JAN 12 1993
Employer Identification Number:
58-1806334
Contact Person:
LORETTA HAMILTON
Contact Telephone Number~
(404) 331-0170
AUGUSTA SYMPHONY INC
PO BOX 579
AUGUSTA, GA 30903
Our Letter Dated:
March 10, 1989
Addendum Appl ies:
No
__Dear Appl icant:
This modifies our letter of the above date in which we stated that you
Hould be treated as an organization that is not a private foundation unti! the
expiration of your advance rul ing period.
Your ~xempt status under section 501(a) of the Internal Revenue Code as an
o~-ganization described in secti.:,n 501(c) (3) is sti II in effect. Ba.secl on the
information you submitted, He have determined that you are not a private
foundation within the meaning of section 509(a) of the Code because you are an
(,rganizati(,n of the type described in secti.:.n 509(a) (2).
Grantors and contributors may rely on this determination unless the
Internal Revenue Service publ ishes notice to the contrary. However, if you
lose your section 509(a) (2) status, a grantor or contributor may not rely on
this determination if he or she was in part responsible for, or Has aHare of,
the act or fai lure to act, or the substantial or material ihange on the part of
the organization that resulted in your loss of such status, or if he or she
acquired knowledge that the Internal Revenue Service had given notice that you
l'Ir:,u.ld ilO longer be classified as as.ection 509(a) <::~) organize-tion.
If we have indicated in the heading of this letter that an addendum
appl ies,. the addendum enclosed isa-n integral part .)f this I:?tter.
Because this letter could ~elp resolve any questions about your private
foundation status, please keep it in your permanent records.
If you have any question~, please cDntact the person whose name and
telephone number are shown above.
'E56...-..,"" '.' Sin.cerely yours,
;-:" o..;..u.O:- } ........
-
c
Paul Wi II iams
District Director
,\.
.'~ll~!ft;:t~~if,~)~S'.
'~'i~!~!~~l~~~j~X~~~
GEORGIA DEPARTMENT OF
COMMUNITY AFFAIRS
60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231
Augusta Symphony
RECIPIENT:
LA GRANT.
AGREEMENT
NUMBER: OO-C-L:....409
LOCAL ASSISTANCE GRANT
REQUEST. FOR FINAL PAYMENT
GENERAL
INSTRUCTIONS:
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.
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.
CERTIFICATION:
Authorized
Si ature
This is to request final 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 furids provided by 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.
Bob Young, Mayor
Name and Tide
Date
~ ".;'"'1' .
.<:"~:ir
.~; ~"., .' ..
..'~..~';'.'...'..::,,:lIjjI:
'.:-: '.. -,".. .::... -...... .~.
"":.."". .--".
,\~.:-':t .~: '.:::, .,"';~ if":" . _ ~- . '.". '_.'
1 i I I
::..
AUGU.STA
SYMPHONY
..v\.us I.C' DJ RECTOR.
November 2,1999
Senator Charles W. Walker
Post Office Box 1282
Augusta, Georgia 30903
*'" .
--7 ~" ~M-:f~~
Re: Local Assistance Grant
Augusta Symphony Qrchestra $10,000
Request for Final Payment of $2,500
Dear Senator Walker:
On behalf of the Symphony Board of Directors, the orchestra, and our volunteer
organizations, thank you for making possible the Assistance Grant of Ten Thousand Dollars
($10,000), Seventy-Five Hundred Dollars ($7,500) of which we received today. As you know,
this support is vital to our organization in guaranteeing our ability to provide quality
programming for the greater Augusta area.
." . This grant supported our July 1998 through June 1999 season (1998/99). Enclosed is a
listing of the Symphony's Scope of Services for the past two years 1997/98 and 1998/99, for your
reference and information.
, 'r..~..', ~.~!~s~~~~~~~..;j~.f'f.:!,.~.~~~.:::';~~~f';i::,~t.~#~.~,.-:."".~.~""'-~I"'.;.-o:..v",. .. . .._'~ ....,....~_. '. ....~.";t~t~2~~.4':...1.J,~~"'.". "
&'Jn~projecfnas; been' completed, for -the':$lO~OOO: as~lstan9.~.;granf~pgttfie'a15ov"e: "wi
. ...... .~~... _.. .'. -""," --. _ '... ',.~.~-.;:r:." ". .......~ . .
n::~p~:7.Em!.l~le'ciuest the balance "of Tweri'ty-Fh;e Hundred Dollars. I have copied this letter to Ms.
LeEa.J:)3o~ner,. Clerk of Commission, Augusta so that a Request for Final Payment Form will
be"s'ubiiihi"ed' on: our-behalf to' the Department of Communlry':j\'ttaJ.rsfoF'fifitLrpayment.. ,
:;~j!~~,!ij~t14~::;.f:'::'(:."':::~',~ ,~'.~_t'~ .!
Again, thank you. Your commitment to and support of the Augusta Symphony is vitally
important to us, and very much appreciated. .
Sacred Hearr Culrural Cenr;'
cc:
Lena J. Bonner, CMC
Clerk of Commission
530 Greene Street
Augusta, Georgia 30911
(706) 821-1838
PO. Box 5,-~
Augusra, G,~ J090J.rJF:-
rei (706) 326-.U;;:
fox (706) 826-J/::
www.augus i c~?rTiDhQn? ,:':
aug u: iJ5ym phon y@mfnosorfng.co'-
PIe a 5;; rem e m b t? r {.1 ~ .~ I} q U 5 [':1 5 y m p h 'J ,I Y in;,:.:.. ~ .~' ,:! 5 f) (i ,j e 5 i () .. f :J / fj n ,i ~ :; ;
~.
'" .,......
~,f.~....
. .~<?':
SCOPE OF SERVICES - AUGUSTA SYMPHONY
1997-98
-:&lliSe~1I1 a s.jedJ;L.
Free pre-concert
MasterWorks leclIlres
Verbal contract notes from
conductor or musicians
Conducting lessons by Maestro
for Minority Outreach classes
2 MasterWorks soloists
offer master classes for local
college & high school students
6 Symphony Comment =
radio interviews with guest artists
Lectures from musicians on
various topics
Speaking engagements by staff
& musicians for civic groups &
educational organizations
Private pre-concert talks for
special audiences
Augusta State Univ. Continuing
Education class -Taking the Mystery
Out of the Symphony
e..X ltv{ b rli 0Yi-S
MusIcal Petting Zoo: hands-on
experience for children
Showcase for the Arts: acquaints
GA school personnel with ASO
music & educational services
Material & video sent to Southern
Arts Federation, ASOL - programs,
newsletters
I Family Series Meet the Music-
Makers Party: children talk to
Maestro, musicians, & guest artists
2 invitations backstage
, ..
, '
1998-99
frc:e- Sz,~slek.1
Free pre-concert
MasterWorks lectures
Verbal contract notes from
conductor or musicians
Conducting lessons by Maestro
for Minority Outreach classes
3 MasterWorks soloists
offer master classes for local
college & high school students
6 Symphony Comment =
radio interviews with guest artists
Lectures from musicians on
various topics
Speaking engagements by staff
& musicians for civic groups &
educational organizations
Private pre-concert talks for
special audiences
er.~'b,-h~
Musical Petting Zoo: hands-on
experience for children
Showcase for the Arts: acquaints
GA school personnel with ASO
music & educational services
Regional showcase for educators
promoting ASO educational and
outreach services
Material & video sent to Southern
Am Federation, ASOL - programs,
newsletters
I Family Series Meet the Music-
Makers Party: children talk to
Maestro, musicians, & guest artists
2 invitations backstage
,;.'
SCOPE OF SERVICES - AUGUSTA SYMPHONY
1997-98 . 1_ _. )
e."M~i~ ~",t
Table Displays: Chamber of
Commerce, Greater Augusta Arts
Council, Leadership Augusta,
Arts in the Heart Festival
K. SD lItt.-ls
Arts in the Heart of Augusta and
Festival of Trees
Science of Sound, Musical Time
Machine: String Quartet and
Woodwind Trio; Music/academic
integration for students in 15
county area
~W.s~
4 editions: highlight orchestra,
volunteer & Board activities;
strengthen ticket salesJfundraising
?~-NsYlS:
1 with Morris Museum of Art
*4 with Augusta Opera
*4 with Augusta Choral Society
20 with church groups
8 MasterWorks concerts
4 POPS: 3 in regular series, I in
Aiken
3 Family concerts fearuring:
Young Artist winners - Jr. and Sr.
division and Aiken;
4 Chamber Players concerts
4 Children's Concerts
4 Discovery Concerts
4 Orchestra and chamber ensemble
touring engagements
9 + Radio broadcasts: MasterWorks
and Chamber Players concerts on
Peach State Public Radio * with
Chamber Players frequently repeated
by audience request
*(audience of 150,000+)
I I 1 j
1998.;.99
ex~bl~(J'(\S(~ )
Table Displays: Chamber of
Commerce, Greater Augusta Arts
Council, Leadership Augusta,
Arts in the Heart Festival
~ 5'h Yz<15
Arts in the Heart of Augusta and
Festival of Trees
Science of Sound, Musical Time
Machine: String Quartet and
Woodwind Trio; Music/academic
integration for srudents in 15
county area
~~
4 editions: highlight orchestra,
volunteer & Board activities;
strengthen ticket sales/fundraising
p f"t:lM~(jy\S:
1 wid). Morris Museum of Art
*4 with Augusta Opera
*4 with Augusta Choral Society
.10 with church groups
8 MasterWorks concerts .
4 POPS: 3 in regular series, 1 in
Aiken
3 Family concerts featuring:
Young Artist winners - Jr. and Sr.
division and Aiken; Davidson Fine
Arts School Choir; Suzuki Strings
4 Chamber Players concerts
4 Children's ConcertS
6 Discovery Concerts .
6 Orchestra and chamber ensemble
touring engagements
9 + Radio broadcasts: MasterWorks
and Chamber Players concerts on
Peach State Public Radio* with
Chamber Players frequently repeated
by audience request
*(audience of 150,000+)
It ;:: (P~
,COPE OF SERVICES - AUGUSTA SYMPHONY
o _-Cl.,.~"":"11 .
. (V(X.UV\ 'CoI I I.Q .
2 Low-cost dress rehearsals for
MasterWorks concerts
Holiday POPS rehearsal as field
trip for schools and Giil Scouts
~S~
Summer Arts Camp - 2 weeks
Accessibility Workshop for ushers
ahd ticket personnel
~:
Free ensemble concerts: Medical
College of GA Child Life Center,
V A hospital, Shelter for Abused
Children, Mental Health Center,
MCG Music at Noon, Arts in the
Hospital
Augusta Symphony Young Artist
Competition - Jr. & Sr. divisions;
winners play in Family Concert
Partners in Education: Davidson
Fine Arts Magnet School
Provide judges and advisory
committee for Aiken County
Young Artist Competition
Educational talks & chamber per-
formances: ASO League meetings,
support group fundraising events
;t Executive Director and Marketing
Director - Career Panelists for USC-
Aiken
Finalization of anti-drug program
. with Woodwind Trio for use with
3rd and 4th graders
Finalization of Music Therapy
Program with. Chamber Players for
mentally handicapped children
?~"
2 Low-cost dress rehearsals for
MasterWorks concerts
Holiday POPS rehearsal as field
trip for schools and Girl Scouts
~~$"
Summer ~~amp - 2 weeks
Accessibility Workshop for ushers
and ticket personnel
~I"
Free ensemble concerts: Medical
College of GA Child Life Center,
V A hospital, Shelter for Abused
Children, Mental Health Center,
MCG Music at Noon, Arts in the
Hospital
Augusta Symphony Young Artist
Competition - Jr. & Sr. divisions;
winners play in Family Concert
partners in Education: Davidson
Fine Am Magnet School
Provide judges and advisory
committee for Aiken County
Young Anist Competition
Educational talks & chamber per-
formances: ASO League meetings,
support group fundraising events
Executive Director and Marketing
Director - Career Panelists for USC.
Aiken
Implementation of anti-drug program
with Woodwind Trio for use with
3rd and 4th graders
Implementation of Music Therapy
Program with Chamber Players for
mentally handicapped children
, ,
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.richrnond.ga.us
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
RICHARD L. COLCLOUGH
FREDDIE L. HANDY
WILLIAM 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 Symphony
From:
James B. Wall
Date:
September 9, 1999
The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community
Affairs, on August ] 7, 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 reasomibly
necessary to enforce" the sectarian aid prohibitiOli. Accordingly, I have included a certification that your
organization is not "organized out of betief 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, since 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.
._~__ ~c._ -{ ....~.
, ,
; .
Grant No. OO-C-L-409
STATE OF GEORGIA
COUNTY OF DEKALB
STATE OF GEORGIA
DEPARTMENT OF COMMUNITY AFFAIRS
AGREEMENT FOR GRANTING OF STATE FUNDS
THIS AGREEMENT entered into this 25th 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 authorized by the provisions of a.c.G.A. ~50-8-8 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 Protect. The Department shall upon the terms and conditions contained
herein grant to Recipient, and the Recipient hereby accepts, an amount not to exceed $10,000 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 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 th~ Recipient in accordance with the following payment schedule:
$7,500
Within ten days of the Department's receipt of the executed
Agreement.
$2,500
Upon receipt by the Department of written certification of project
completion in accordance with this Agreement.
$10,000
Total Disbursement
4. Applicable Dates. The effective date of this Agreement is specified on page one.
..; -:- --'.
. I
Grant No. 00-c-L-409
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. ~45-1O-20
through ~45-10-28 and a.c.G.A. ~36-67A(1) 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 offici~ls of the Recipient have certified the same.
6. Enforceable and Legally Hindine: 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. Monitoring and Auditini!. 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
fmancial 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 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 deterrritnes. 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 requin~d under the Agreement; (iit) 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.
~"'......:,.
, 't
Grant No. OO-C-L-409
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 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, beliefin
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 Agreement. 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-409
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written
above.
FOR THE RECIPIENT
FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS
By:
By:
~
Attachments: Exhibit A. "Scope of Services"
.... ~;> . ~;......
. ,
. Grant No. OO-C-L-409
Page 5 of 5
EXHIBIT A
The Local Assistance Grant shall be used by Richmond County for operating funds for the Augusta
Symphony in Richmond County.
. 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 proniises 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 failureto act by DCA will waive the requirement of compliance or
prevent the State from asserting noncompliance.
;:;
'.- ...:;;
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 SYMPHONY, 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 $10,000.00 (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 for
an art program through the Augusta Symphony.
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;
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;
v
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
accounting principles.
2
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, foi 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 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 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
. . .
,
. ,':
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:
By:
III1rJ As
T~TTEST :
and subsGribed
this ~ day of
, 999.
Notary' P _ ,1Jc
My CommissEon. pires:
~~-lt~~dOoo
~~- ~ -', "~ =
~
~ ..,-~~= ~ ~
,.:" 'P\"! ~ \......\;1: ".,~_
~..-.. ... - ...:,: ~~ g'
.., -, - - , \ .::-
-',,:,...,,. "-.....................-'" :'\'\ \ ~.::--
7"'"t, ")~:'\' "\..:a'
"'....
5
'"
~~: ,.
OFFICE OF THE CLERK OF COMMISSION
Lena J. Bonner, CMC
C1erkof Commission
Nancy Morawski
Deputy Oerle
. December 6, 1999
The Augusta Symphony
1301 Greene Street
Augusta, GA. 30901
Dear Sir or Madam:
Enclosed is a check in the amount of $2,500 representing final payment (25%) of your
'99 Georgia Department of Community Affairs Local Assistance Grant.
If we can be of any further assistance, please feel free to call.
~2ji~
Lena 1. Bonner
Clerk of Commission
Enclosure:
530 Greene Street. Augusta, Georgia 30911 . (706) 821-1820 . Fax (700) 821-1 ~n8
.
...
~...
,.
.j
-;
, AUGUSTA-RICHMOND COUNTY COMMISSION
019921
DESCRIPTION P.O. NUMBER.' INVOICE NUMBER INVOICE AMOUNT NET AMOUNT
~t Op Grt- Capital 00CL409 2,500.00 0.00 2,500.00
- " -
CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL
019921 12/03/99 2,500.00 0.00 2,500.00
;C:~2~ ", ~ ~::: _ r--
:.:. 'S~~~~,~:,'::f.:.~ '-'~~;r:~~!'
. -,,:"~:':<J~~; .""'
_ '. . . t~ . _ ' _, ~
)~'J~~I~;fl~j~F:;:~~~',:~:'~O o~t~!~::~:ys..
'-t~~:r~tA9~a, ';Ji.: di~c;:Jf/JJ;;,t: !i;.
~~
r'.:
'j;'
\ ~:h::\~,: ';~V',h 'i?
~-~':.:.
ASSISTANT COMPTROLLER
REGIONS BANK OF GEORGIA' .
AUGUSTA, GEORGIA
III 0 1. g g 2 1. III I: 0 b 1. 1. 0 1. 1 ? 5 I: b a 1 0 1. 4 a 1 g 4 III