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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