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Home My WebLink AboutOperating Funds Augusta Richmond GA DOCUMENT NAME: O\X'lD-.-t-'('.3 FU(ld~ DOCUMENT TYPE: CO/)+ (O-f.J- YEAR: I q q 9 BOX NUMBER: / ?- FILE NUMBER: ) 4 S 0 {) NUMBER OF PAGES: S55 l~1~~ ~:~.:~> ~~-J:r / l/ 590 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR October 1, 1999 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 3091 I Dear Mayor Young: The attached contract when executed commits state funds in the amount of $37,000 for operating funds for the following: Beulah Grove Community Resource Center, Inc., Lucy C. Laney Museum of Black History, Augusta-Richmond Opportunities, Inc., Good Hope Social Service Ministry, Inc., CSRA Transitional Center, Inc., and Shiloh Comprehensive Community Center. 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 Depamnent 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 404.679.3l54 or Bobby Stevens at 404.679.4943. .. q;;~~~ Commissioner JH/ja Enclosure cc: Richmond County Legislative Delegation 'G&- 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.llS An Equal Opporrunicy Employer @ Recycled Paper GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR October 1, 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 th~ount of $37,000 for operating funds for the following: Beulah Grove Community ReJ.0urce Center, Inc., Lucy C. Laney Museum of Black History!'J\ugusta-Richmond Opportunities, Inc., Oood Hope Social Service Ministry, Inc., CSRA Transitional Center, Inc., and Shiloh Comprehensive Community Center. 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. J 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. .,. Sincerely, _ ~~~~ Commissioner JH/ja Enclosure cc: Richmond County Legislative Delegation EaUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329.2231 · (404) 6794940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper ~ ,'to"" " .~ Application for Local Assistance Grant Local Assistance: Granrs ar:: made pursuant co O.c.G.A. ~50-3-8(a) which provides in pe::tine:1r part: "The department shan TTUlke grants to t!!igible recipients or qualified loca! governments, which grants are specified b:; amo.unt, recipient, and purpose in an appropriation to the department" 1. Re:cipie::1r ide:1rif:e:d by rhe Gc:neralA..ssembly in Appropriarions Act: Augusta-Richmond County 2. Amount appropriated by Gene::al Assembly: $c:0,DDD $37,000 3. Purpose of che Loo.! Assistance: Granr as specified by the Genera! Assembly in che Appropriations Act: Operating funds for the following: Beulah Grove Community Resource Center, Inc., Lucy C. Laney Museum of B bek History, Augusta-Richmond Opportunities, Inc.. Good Hope Social Service Ministry, Inc.. CSRA Transitional Center. Inc.. and Shiloh Comprehensive Community Center 4. Informarion Required by the Depamne:nr of Cornmw1ity Aff:Urs for A\V"a!d: a.. Ple:lSe provide a detailed description of che project. locarion, type of work ro be initiated. ana for wlut purposes che funds awarded through [.!lls granr would be used. AC"uc.h addition~ pages if necessary. See Attachment A b. prase provide a budger for ::h:: proposed projecr. listing all r~/e::1Ues and o:pe::1Climres. Project Revenues Project Expenditures Loo.! Assistance Granr Lao.! GoV!. ache: Total c. Provide c.:pe:cr::d projec: starr up md proje:=: ,:or:lp!etion cares: .2 - L- fq ~- 3J2-~ 8~gi""i"g Dau ClJmp&rian Dau 5. Concac:: Inrorm:;.rion: Please provide che following cencac:: inr:::narion fer che granc. Name: Ms. Cheri Rrm'ln Address: 12 0 1 Lanev Via 1 ke r R 1 vn Ciry: A 11 011 ~ i- rl Telephone:: 706 721 0116 Facsimue:706 724_"71 75 E-mail: Scace: (;]), Zip:30901 Name: Dr. T.e,Telln e Hi rk<:; nn Address: 1 :2 0 1 La 1'1 G r Wa H;: 0 r B 1 7 d . Cicy: Angnsta Telephone: '706 '7 ~ 1 0116 Facsimile: 706 - 7 2 4- -. 75 E-mail: Scare: C i". Zip: ?O<JO:!. 6. Certification I. the undersigned authorized representacive of the local gover!"-=:::t described in this appliC:J.uon, certify thar co the best of my k.'!owledge, the informacion in chis appliC:J.uon is cr.:= ..::d correct and 'che Local Assis~ce Granc subject co chis appliCl' will used for the poses ouclined wove. ~ Sether certifY u.1.e local governmenc described in chis applicauo all eq d authority co expend ~..:; for the p~oscs see forch herein. "-'sr, i <fA 4- ,.h. ~-- #~f:) Ti:~ _hj--p/- For addicional informacion :~ .~;i:;unce. please cone:;.c:: .-\.my Thompson ac (404) 679-3154 :: ~.Qby Srevens ac (404) 679-4943. ... - ~ t 5/99 "i ~, , ,'.. ATTACHMENT A The nature of our program is to mobilize the resources of the community in a partnership program to identify 'at-risk' students; provide them assistance with counseling that will reduce the educational drop out rate; and enable them to complete their education and generate scholarship assistance. We provide services to students for our summer program. Our program also includes a parental VIP program so the parents can be involved with changes and up coming events going on in the school system. We have a certified counselor who will track the number of students we worked within the past six years. Project Success of Augusta is located at 1201 Laney Walker Blvd. Augusta, GA 30901. The purpose of the Local Assistance Grant will be spent to provide services for eighty plus students in the summer mornings and the evening fall programs. The grant will also pay for salaries and any supplies needed. ,- -- .: t '. 0,,1: STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this I day of ;:J; 4' 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 OPPORTUNITIES, 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 $25,000.00 (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 a program for "at risk" youth so as to promote public safety. 1 ~ ~ - ~. , .. 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: ~ 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; o Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; o Codes, including building, housing, plumbing, and electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted 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, 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 -'1 501(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. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. Organization certifies that Augusta has made inquiry of 4 ~ '. ':~ 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. ~y: ~AS ATTEST: AUGUSTA-RICHMOND OPPORTUNITIES, INC. ORGANIZATION By: ATT::TitS~,~~. Tltle: 'et:is_~ . SWQ,rn to and subscribed b~fore me .this,;- ~I day of 'm'''' 1999, f ~-, CV~ ~ o:ta:y P'_1bl,i;r,; \~y 0ommiS~1~n;~xJires: ~ :.~AIIJk'~Cnlmty Goorgla -. ';, UJn'lfI'ISS6On as Dee S' 2 ~A- ,,' ,. ,<- - . .", '. 001 -'!/,.,:"-, ~- - ',,:\::' ,," - 5 '\.;' ~ "'"',. . ~f Grant No. OO-c-L-557 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1st day of October 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 authorized by the provisions of O.C.G.A. 1350-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend funds for the purposes set forth herein: NOW, THEREFORE, in consideration of the mutual covenants and warranties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. the parties agree and covenant as follows: 1. Scope of Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts. an amount not to exceed $37,000 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 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 the Recipient in accordance with the following payment schedule: $27.750 Within ten days of the Department's receipt of the executed Agreement. $9.250 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $37.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. . ~. . . , ~ ,.., Grant No. 00-C-L-557 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. 845-10":20 through 845-10-28 and a.c.G.A. 836-67A(l) through 836-67A(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 LeI!a11v Bindinl! 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 Auditing. 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!encv or Partnership. Nothing herein nor any actions of the parties hereto or their agents or employees shall create any agency relationship. partnership or joint venture. between the Department and the Recipient. The Department is not an agent or representative of the Recipient and the Recipient is not an agent or representative of the Department. The Recipient shall be solely responsible for performing any and all obligations under this Agreement. 10. Termination. The Department may terminate this Agreement. with or without cause. upon five business days written notice to the Recipient. If at the time of termination. any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. 11. Satisfaction. In the event the Department detennines. in its sole discretion. that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner: (ii) has failed to complete all or a portion of the actions required under the Agreement: (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. . . ~ i: ;7. Grant No. OO-C-L-557 Page 3 of 5 12. Sectarian Aid. (al. One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution. "No money shall ever be taken from the public treasury. directly or indirectly, in aid of any church. sect, cult. or religious denomination or of any sectarian institution." Ga. Const.. Art. 1. Sec. II. Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for senrices 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 senrices 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 A.l!reement. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise. other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. [Executions on fotlowing page] . j, . ~ Grant No. OO-C-L-557 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 DEPARfMENT OF COMMUNI1Y AFFAIRS By: By: 3Z"~ ~~~d~ ~ Jim Higdon. Commissioner Attachments: Exhibit A, MScope of Services" . .. ::.. '. -\. " Grant No. OO-C-L-557 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County for operating funds for the following: Beulah Grove Community Resource Center. Inc.. Lucy C. Laney Museum of Black History. Augusta-Richmond Opportunities. Inc., Good Hope Social Service Ministry. Inc., CSRA Transitional Center. inc.. and Shiloh Comprehensive Community Center. · If the preceding statement of purpose designates a private program or entity for accomplishing its purpose. the purpose must be accomplished through a contract for services by the named private entity. or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity. such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. · To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. NOV 01 '99 09:23 AT&T FAX 9020FX P.2 " " ~' Augusta Richmond Opportunities Center, !nc. 1201 l.a'1ey Walker Blvd. Augusta. GA 30901 7Q6;.724-0448 Fax; 708-724-7175 I Memorandum To: Ms. Lena BonDeI' From: Project s~ of Augusta Re: Request fur Final Payment Form Date: November 1, 1999 Proj~ s~ of Augusta met in its summer tutorial program from June 14,1999 to July 23, 1999. We had enrolled 137 students and touched the lives of approximate 40 parents and agencies, Our luncheon was on June 25,1999 and bad about 350 people in attendance. We are now requesting the final payment of our grant. Thank you for your cooperation and support. ~MC;W0 Cheri D. Brown Office Manager cc: Rs::pl~i~ Ben AJlen .;. ~~ .... . , OFFICE OF THE CLERK OF COMMISSION Lena J. Bonner, CMC Clerk. of Commission Nancy Morawski Deputy Ocrk. December 6, 1999 Augusta Opportunities Center, Inc. 1201 Laney-Walker Blvd. Augusta, Georgia 30901 Dear Sir or Madam: Enclosed is a check in the amount of $3, 750 representing final payment (25%) of your '99 Georgia Department of Community Affairs Local Assistance Grant. Ifwe can be of any further assistance, please feel free to call. Very truly yours, ~ Lena J. Bonner Clerk of Commission Enclosure: 530 Greene Street. Augusta, Georgia 30911 . (706) 821-1820 . Fax (700) 821-18~8 ,;1 \. AUGUSTA-RICHMOND COUNTY COMMISSION 019915 DESCRIPTION P,O. NUMBER INVOICE NUMBER INVOICE AMOUNT NET AMOUNT 1st Op Grt- Capital 00CL557A 6,250.00 0.00 6,250.00 CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 019915 12/03/99 6,250.00 0.00 6,250.00 ~ AUGUSTA-RICHMOND COUNTY '0_ -~ .cOMMISSION ROOM10S: ACCOUNTING DEPARTMENT ::~~;::; .~:> ~~.' 530'GREENE STREET',,"., ','.' ~c"~/ ;-~UGOSTA', GEORGIA 30911... " . ~.,~PHO~E(706) 821-2334, 64-137 611 12/03/99 019915 AMOUNT o * * * $ 6', 256 .' d c/ CHECK DATE CHECK NO. ** * * ** **.* ~~* * * *** ** * **** * * * * * * * **** * * ** * * * * -I< * * ** $6,2 50ANDNOCENTS " VOID AFTER 90 DAYS . PAY -TO THE ,ORDER > OF T01041 AUGUSTA OPPORTUNITIES 'AC/on-nt: ~. UJ~C;-~ ASSISTANT COMPTROLLER REGIONS BANK OF GEORGIA AUGUSTA, GEORGIA II' 0 ~ 9 9 ~ 5 II' I: 0 b ~ ~ 0 ~ ~ 7 5 I: b a ~ 0 ~ L. a ~ 9 L. II' > '" : 1 .- ". ~ ., GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 Augusta Opportunities RECIPIENT: LA GRANT AGREEMENT NUMBER: OO-C-L-557 LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT GENERAL INSTRUCTIONS: CERTIFICATION: Authorized Si ature Bob Young, Mayor Name and Title 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 (L\G) recipient and the L-\G 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 comer 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. 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 funds 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. Date ~DtP -f-~ !f/f" Application for Local Assistance Grant Loal Assistance Gnncs are: made: pursuam co O.e.G.A ~50-8-8(a) which. provides in pc:n:ine:nc part: "The department shall make grants ro eligible ruipiazts or qualified local governments, which grants aTe specified by ama.unt, "cipient, and purpose in an appropr..atian ro the department" ., 1. ft:cipie:u ide::'lCifie:d by che G~"le::U Assembly in Appropriations Act: Richmond County 2. Amoum appropriate:d by Gc:ne:::u Assembly: $15.000 3. Purpose: of the: Local Assistance Gram as specified by me Gc:nenl.'\ss~~ che Appropriations Act: Operating funds for the historical preservation of the Delta Hous/in Richmond County 4. Information Required by the Department or Community Affairs for Award: a.. Ple:1Se provide: a detailed. desc:iption or the proje::r. loc:uion. type afwork co be initiated, and for what purposes the funds awarded through chis gr...m would be used. Attach additional pages if nec:ssary. b. Plc::lSe provide J. budget for ch.e proposed projec:, listing all CC"Eenues md apendicures. Loal Assisunce G.cant Project Revenues f j...:Z _ {7D, I;:',::) v / ~ ({)O-f) - . '_\ D dJ U d (j . c; c) Co' Project Expenditures tJ / IJ. /';. /__~ .c-:; Tow I J: Or} 0 , 5-- 12 cJ .<? $ .;2.. O. .:,7..' ,,' Local GoV!. Ocher c. Provide :::::pec:ed project St:lIt up and .projec:: completion dates: ~_ ( _ Loo<J ~mpUriD" DiU/! ~ - -1-- JJ.. rr Bert""ill! D4t1! .. 5. Con,J.c: [nfor:nJ.,ion: r!~:lSe provici: (he: fOilowing comJ.ct informacion for ,hi:: grJ.m. Name:: {:i~/)J-J~ /~ - feLLd~ - Address: I) / G pj~~ ~~ ,~ G/1 Ciry: A- u 8~+~ Scare: 6ft Zip: :s. C) Cf 0 / Tde?nonc: 7 tJ G - ") 1, L} - 3.S.:1~imilc: (S-~) E-mail; Name: Address: Ciry: Tdephone: ncsimile: 6. Cc:rtifica.tion S rare: Zip: L r. the unde..--signed authorized represe:1w.tive of the [001 governmem desc..-i.bed in chis application. cerury that ro the best of my kno edge, me information in dlls application is true and correc:: and me Local Assistance Gram subject ,0. chis a~pli. . n w' beri.' for me ?W?oses o~clined above.. I further c::m:r me local governme~t described in chis apphcaa ret7, e powe 'and.. authorIty ro ap=d funds for the purposes set forth herem. Aumariu4 &p~mruifJ~ CJff-(Si7JJ ~ JLJ. f3cm N~ (pimu prim) ~chr Tide E-mail: -L - ,L) - iLJ- Dau For J.ddicional informacion or J.SSisca.nc:. pl=se conrac:: Amy ThOmpson :l.r (404) 679-3154 or Bobby Sre'lens ar (404) 679A943. 5/99 MA';-16-00 TUE 1,2: 42 PM LUCY CRAFT LANEY MUSEUM P.01 " '. 1116 Phillips Street A Augusta. GA 30901 .. 706-724-3576 VolceIFax May 16, 2000 Mrs. Lena Bonner Clerk of Commission 530 Greene Street Room 806 Augusta, GA 30911 Dear Ms. Bonner: This letter is to request the remaining funds from the Delta House, Inc. Lucy Craft Laney Museum grant and the Delta House, Inc. Youth Leadership grant for FYI999-2000. We have expended all funds previously awarded for these grants. Thank you so much for continuing to support our organization. Sincerely, (!n't~~ ltM~ Christine Miller-Betts Executive Director Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 June 13,2000 Ms. Christine Miller-Betts, Executive Director Delta Leadership Training Program Delta Historical House 1116 Phillips Street Augusta, Georgia 30901 Dear Ms. Betts: Enclosed are checks in the amount of $5,000 and $3,750 representing [mal payments of your FY2000 State of Georgia appropriations through the Georgia Department of Community affairs Local assistance Grant Program for the Delta Le<idership Program and Delta House, Inc. respecti vel y. If I can of further assistance, please feel free to call. ~~~ Lena 1. Bonner Clerk of Commission Enclosure: AUGUSTA-RICHMOND'COUNTY COMMISSION 031656 DESCRIPTION, P.O. NUMBER INVOICE NUMBER, INVOICE AMOUNT NET AMOUNT L.JOCAL ASSIST GRANT 060600 3,750.00 0.00 3,750.00 - - CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 031656 06/09/00 3,750.00 0.00 3,750.00 I' II, , '0 "It;. "I I' II'" I ' I '"-~f-~,i';~+'!w'~'~ .~jnl',l("::~~'-".....l"-' '~4:~i,i'~' .-~, ,~~~.>~~~~' ," "". 0\1 :,JtI~,I';7ru',)tI... ">~,,>..~;. .'~'i~J-'-".:~-.~ . _~.'1~r\., :~",.!r:~,.~ ,.. ~ "~~ ~->;. ~-=i;r" ..:,'AUGUSTA~RI.CHMONDCOUNty ,.',. ,,'i~<~' .64-137 'COMMISSION' ' " , ,. c, "':-,,; . .,~',J~,-".,. ~': 611 , .~~" \~. j} , '" ',', .'rt:,";, ":""I'J:~.: .;.~"'. ,~.', """.-ol i'f;':~ .' ~ 5""-,~' ".- . ..:~ ft-\',rt ~c;:v. , ~Y~~.::zr .' 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',,' ~. ," , :..' , ~,:< :,*'*"* * ** 'f<t]**''Ir:t~* *-Hii~* *,~"It*,'fi:.~***'* *f*-**'*':*O* *>*'*'*"*:**'*:**'*~*'$3:7.'50ANDNOC~S ;",:,~,;,,{,:-,:,,;::; . >jl ~"~:f'if-1 ~~;:~ if;',''!((::::;;\'' '"-LJ~':,-,~\,:",'~J1~~:"-':) !~~:~: :t~;:_:,r'~:'~;.~~~i~' ',,?;~~>' '~~~;: t:;~~('"~:;; /-.~": ~1 ~l:PJ rt~"f.l ~f\I:'~r 'I .... h'~: !,::,',';} !"'~:"~"": ,~";~ ':"riF,~"{ .'t';,i:;\ ,~;'fi ,;},.~;j',':~~:<);):"- ,:'~~' ~ ~0~J~), ,:-- ,;,':;:~M ;,,'~;>~,;::'/\~I:;;~' /;;L:A>'~' '.' ',,')~/VOI~';~i.t:;;9~"DAYsr ,PAY, , "IDrnEi. r$:ORDERt I',. .~~~ ~t~; . 'i":iXi.f!! : 12'2.6 . ,~ ~ .!'IDEI...TA ~~ F~~':iS~?\ .~-'" I<".:~- v'."- ".-~ i~:' "'-'';'/ Iil:',,::~ ."';", ,,~.::t ~~;.~' ~~-~7 HOUSE' H:Eg.TORICAIT/'.";,;~ '~~~/Lt,:;i A~~::~J ~;~~ ;" .: ::~tr,';r:~1~ N~'-'",1: "",~1',,:, ..1i';-'::.':'~' ".....: t'li""'~:r1:{'" . .~>i~~~~~'~ ',~_"t.~'~~~t~:.~~;} .~:~'..: i ~~,~~~\{,..e ~~~. $t:~ ~1''\ ;Jr:,Zt' ':~~~~r/:-::';'~ \i,f~ ~:. :---': ,.. " _.....~I'..,.~....'.."'..,...'~".... ->, ~. -':>?;X;~J;. ~".OC'" !~2r.K'O ~"'_"D:7))' /."{p" ~j'~;a'~" {i:'P~ ~~~-~ ;~j ~r{8-:AZ<~.a~ ~~ ~~~._:..'; :,' " ~ .~..;:t ;c.,t>,'.1" 8"".... \:;+;0>; "ASSISTANTCOMPTROUER '..,", '. . . ':}{j -I f~):,:. f ~;.~..._.:~ r~~:~ ..;-;.(4.1 "r" ."~.;".,.,, l. ,;....1. ~~...1 "~. I' . I. \::t'~( .~p~j. ~'"<~ w.W'i.j..lf!ffi-f). -' . I~t",)-.:",~"t'~t'. . I~'-:)'It~. "'~_\;Jl",~ ',',~~' '-<..:;;p::;-;It'f, ~~ ~>C REGIONS BANKOFGEORGIA . , . AUGUSTA, GEORGIA, III 0 J .. b 5 b III I: 0 b .. 1. 0 .. J 7 5 I: b a J 0 1. L. a j g L. III GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 Delta House Historical Preservation LA GRANT AGREEMENT NUMBER: OO-C-L-414 RECIPIENT: 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 Gram (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 comer of the gram 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: 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 Emibit A of the above referenced Grant Agreement number has been completed. I further certify that all funds 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. Authorized Si ature Date !l Bob Young, Mayor Name and Title )1~1~~" ''.,r.,r..~ ~t.~., \;~" RECEIVED AUG 3 0 1999 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS {AUGUSTA-RICHMOND COUKT't COMhlISSIOKl Jim Higdon COMMISSIONER August 27, 1999 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: The attached contract when executed commits state funds in the amount of $15,000 for operating funds for the historical preservation of the Delta House. 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 404.679.31 S4 or Bobby Stevens at 404.679.4943. Q:n~r Jim Higdon Commissioner JH/j a Enclosure cc: Richmond County Legislative Delegation jrtAtttf/t;. OO-e-l~t(It/ 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer EQUAL HOUSING ~ OPPORTUNITY L..:.J * Recycled Paper AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY A ITORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: JWall@co.richrnond.gaus ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM RICHARD L. COLCLOUGH FREDDIE L. HANDY WILLIAM B. KUHLKE. JR. WM. "WILLIE" H. MAYS. m J. B. POWELL STEPHEN E. SHEPARD LEE BEARD Mayor Pro Tern CHARLES R. OLIVER, P E, CPA Administrator MEMORANDUM To: Delta House, Inc. From: James B. Wall Date: September 9, 1999 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 concerning local assistance grants for fiscal year 1999-2000. In that memorandum, he addressed two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. The previous contract which we have used with private entities, which you may have already signed, meets the first requirement, i.e., it is a contract for services; however, I am concerned the DCA may reject the earlier contract because it does not clearly show the scope of services as being in aid of a lawful activity with a benefit substantially to the County. Therefore, I have revised the contract to provide additional language in this regard. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquires as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. I have attached two copies of the contract, 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. STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of 11f~~, between AUGUSTA, GEORGIA, a political subdivision of the State ~, 1999, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "Augusta"); and DELTA HOUSE, 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 ~rovide 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 $15,000.00 (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 a program for historic preservation of the De1ta House, a faci1ity that is open to 1 the public and provides arts and sciences programs and facilities. 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; ~ Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; o Codes, including building, housing, plumbing, and electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted 2 accounting principles. 4. The Organization shall hold harmless and indemnify Augusta, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 50-14-1, et seq.) if the Organization receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). Organization shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 3 7. Organization certifies that it is a tax exempt entity under 5 501(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 cornmon system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 4 9. Organization certifies that Augusta has made inquiry of Organization as to whether it is "organized out of belief in God or other supernatural beings" and Organization hereby certifies to Augusta that it is not so organized and that it is not a religious organization as defined above. 10. Augusta may terminate this Agreement, with or without cause, upon five business days written notice to the Organization. If at the time of termination, any funds under this Agreement have not been disbursed to the Organization, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, Organization agrees that this Agreement shall terminate should it be determined the Grant from the State to Augusta is in violation of any law or be declared invalid for any reason, and Organization shall refund or reimburse to Augusta any monies paid pursuant to this Agreement. IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. DELTA HOUSE, INC. ORGANIZATION By: ~W J1~ ~ l~ As its ,jtF__~;-.c..... ~~ ATTEST: Title: AUGUS Notary P My Commission Expires: ~4dv _D_?C aVD D 5 '.,.... Grant No. OO-C-L-414 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 26th day of August 1999. by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and Richmond County. a political subdivisi,on 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 O.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 Project. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts, an amount not to exceed $15,000 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 the Recipient in accordance with the following payment schedule: $11.250 Within ten days of the Department's receipt of the executed Agreement. $3.750 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $15.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. . .'. Grant' No. 00-C-L-414 Page 2 of 5 5. Conflicts of Interest. . The Recipient warrants and represents that all of the officials. agents and employees of the Recipient have not violated any applicable federal. state or local conflict of interest laws. ordinances, rules or regulations, including but not limited to, O.C.G.A. 845-10-20 through 845-10-28 and O.C.G.A. 836-67A(l) through g36-67A(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 Le~a11v Bindin~ 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. Monitorin~ and Auditin~. 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 concerriing 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 MeetinQ: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 A.l!encv or Partnership. Nothing herein nor any actions of the parties hereto or their agents or employees shall create any agency relationship. partnership or joint venture. between the Department and the Recipient. The Department is not an agent or representative of the Recipient and the Recipient is not an agent or representative of the Department. The Recipient shall be solely responsible for perfonning any and all obligations under this Agreement. 10. Termination. The Department may terminate this Agreement. with or without cause. upon five business days written notice to the Recipient. If at the time of termination. any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. 11. Satisfaction. In the event the Department determines, in its sole discretion. that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (Hi) has acted in any way contrary to the purposes for which the grant was awarded: or (tv) has violated any federal. state or local law, ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. Grant No. OO-C-L-414 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 oj LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God. 153 Ga. at 433, or. as the dictionary puts it. belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification. and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization." with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization." but may also mean a "custom. practice. relationship. or behavioral pattern of importance in the life 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 A.l!reement. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise. other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. [Executions on following page] .' . " Grant No. OO-C-L-414 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date fIrst WIitten above. FOR THE RECIPIENT FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS By: ~ Mayor f/I v 0{} By: ~ . Commissioner Attachments: Exhibit A. "Scope of Services" ..., .., ~ .. > Grant No. OO-C-L-414 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Richmond County for operating funds for the historical preservation of the Delta House 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 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. ~' MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: June 6, 2000 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed is a check in the amount of $8,750 from the Department of Community Affairs. Please issue Augusta-Richmond County checks to the following Local Assistance Grant recipients. ORGANIZATION GRANT NUMBER _ GRANT AMOUNT Delta House, Inc. OO-C- L-414 $3,750 Delta Leadership Training Center OO-C- L-41 0 $5,000 These awards represent final payment of the total '00 grant award for each recipient. Please return all checks to me so that they can be forwarded to the appropriate agency. Thank you for your continued assistance. Enclosure: Check .'- ,. . .... .:::'.'}-.... .~. ; , . "c, STATE. OF GEORGIA DEPA~TMENT OE.~OMMUNITY A .,' 052300375000 05.2300500.000 3,750.00 '5,000.00 '~"OOci0038 112 .:....05/24/2000 ,0.:', S8p50. 00 '. .J Page 001 OF '001 .; Vi>ndcirNo; 0000013727, . . Vendor Name; AUGUSTA~RICHMONO. ~.; . COUNTY A,TLANTA " GA' INVOICE NUMBER ~.~ :,~ 1 3'.750.00 : 5,000 .0,0 ;." , . .' r~~ ,'::: .::...' ",-;-1-.: :." '" ':," .,; ',,: . .~' I ".:,~;",,,,, 11100000 :is ~ ~ 2111 1:0 b ~OOOO ~Ol: O? 0 ~? ~ b Sill " '~r~~ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR June 1, 2000 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is a check in the amount of $8,750 representing the final payment under the following Local Assistance Grants: Grant No. 00-C-L-410 Grant No. OO-C-L-414 $5,000 $3,750 If you have any questions, please call Amy Hill at (404) 679-3154. Sincerely, ~~~~~~ ~ l~ Jim Higdon Commissioner JH/j a Enclosure EQUAL HOUSING ~ OPPORTUNITY L.:.J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opponunity Employer * Recycled Paper -;. t ,- I OFFICE OF THE MAYOR BOB YOUNG, MAYOR ROOM 806, MUNICIPAL BUILDING 530 GREENE STREET, AUGUSTA, GA 30911 (706) 821-1831 - FAX (706) 821-1838 E-MAIL: MAYORYOUNG@CO.RICHMOND.GA.US November 9, 1999 The Honorable Jim Higdon, Commissioner Georgia Department of Community Affairs. 60 Executive Park South, NE Atlanta, Georgia 30329-2231 RE: Local Assistance Grants Dear Commissioner Higdon: Enclosed are the following Local Assistance Grant Requests for Final Payment forms for the following organizations: ORGANIZATION GRANT NUMBER Tremount Temple Summer Enrichment Program 00-C-L-561 Augusta Symphony OO-C- L-409 Golden Harvest Food Bank 00-C-I-412 Good Hope Social Services 00-C-I-557 Thank you for your continued assistance in the administration of Augusta's grant awards. Very truly yours, ~ ~6 Bob You g, Mayor Augusta, Georgia ehtbiltJ/ /I/J)-rf ~t./-'5~1 - j Application for Local Assistance Grant Lad :\ssisc:lne.: Gr..ms are :nade ;l1.lr:iuanc ,0 O.e.G..'\.. ~50-8-3(a) whic.~ ?rovides in ?errine:;.c ?arc; "The department shall make grants to ~ligib!e rt!cipients or qualified focal governments. which grants art! specified fry amo..unt. recipient, and purpose in an appropriation :0 the department" 1. Reci~ienc idC::icined by the Ge:;.er-J A.sse:noly in Appropriations Ace: Augusta-Richmond County 2. AmOUnt appropriaced by Ge:leru Asse:noly: S37,000 {s;tJOlJ 3. Purpose of che Local Assiscane: Gt:lI1C as specified by che Ge..'1eral Assembly in che Appropriacions Ac::; Oper:lling funds for the foilowing: Beuiah Grove Community Resource C::lter. [nc.. Lucy C. L.me;.' \truseum of Black History, Augusta-Richmond Opponunities. Inc.. Good Hope Social Service ~[inistry. [nl.:.. CSRA Transitional Cc:nter. fnc.. and Shiloh Comprehensive Community Cc:nter 4. Infor:nacion Required by che Depa.rm::.em or Community Affairs for Aw:ud: a.. PI~e provide l deuiled desc:ipcion or:he projec::. loc:rion, type orwork co be :niciaced. and for whac purposes che funds awarded through cr.js gr~'1c would Je '.lSd. Aale:" additional pages ir ne::::SS;;"7. This grant will be used for educational materials, honorariums, field trips and craft supplies. Please see the attachment for further explanation of the project. b. i'lea.se provide a budget ror :"':: proposed project. listing all r~/e:iue.s J.....:d e::pe:idirure.s. Project Revenues Project &penditures Lad Assisr:u1ee Gr:u1C ~5,000 Loc:J Gove. Ocher Total $5,000 c. Provide o:pec::d projec: sr::.r:: up and ?rojec: com!,letion d:lt::s: 06 14 _ 99 Oper?tion_duration a~!innin! Dau C~m.ourio" Dau \. ~ . r 5. Conc:lCl: [nrormarion: PIc:::.se provide ,:,e following conracr informarion ror the grant. Name: Debra A. Stgwers Address: Good Hope Baptist Church P.o. Box 2545 C r:r Augusta GA Sr::.ce: Zip: 30903 Te:e:Jnonc::< 706) 722 -1031 Facsimile~ 706) 722-1933 E-m::.ii: GHOPEBC@AOL.COM N~~e: Dr. Johnny R. Hatney Address: Good Hope Baptist Church P.O. Box 2545 CC'r: Augusta Sc::.ce: GA ZiD: 30903 Teie?hone: (706) 722-1031 hcsimile: (706)722-1933 E-m:til: GHOPEBC@AOL. COM 6. c.::~=tion r. me undersigned J.ur..;".orizeQ :e?r::se::eac:':e or ehe iod gover:une:lt desccibed in c..~is applic:ltion. ceceiE,! c..~ar :0 me edge. :he: informacion ~'1 ci1.is ap?licJ.[ion is crue and cor:ec:: and the Local :\ssis;:mce Grmc suoje:.::: . n will' e used for the? . osc::s ouriined above. I further c:::1:ir! the lad governrr:e:::r desc:ioed in h ci aucnoric-{ m c:::coend funds for the ourooses see for...h herein. '" . .. ~-L-v- Da:( R. Hatney Nam~ :plL::'U pr.,,:) CEO Ti;~ For addiconal informacon or =is;:ance. ple:;.se conr;;,c: .~T.:r Tnom?son :lC (404) G7'9-315~ or Soooy ScC':e:1s J.C (404) Ci7'9-!94.3. 5;99 . ." ,,- 'I ",j' 8) GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 Good Hope Social Services RECIPIENT: LA GRANT AGREEMENT NUMBER: OO-C-L-557 LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT GENERAL INSTRUCTIONS: CERTIFICATION: Authorized S' arure Bob Young, Mayor Name and Title 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. 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 funds 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. ~ , .r GOOD HOPE SOCIAL SERVICE 710 East Cedar Street Mailing Address: Po. Box 2545 Augusta, Georgia 30903 Phone (706) 722-1031 Fax (706) 722-1933 November 5, 1999 Lena J. Bonner, Clerk of Commission 530 Greene Street Augusta, Georgia 30911 RE: Final Payment Request Dear Mrs. Bonner, Please be advised the project the grant was awarded to is complete. We have received partial payment in the amount of $3,750.00 and now hereby request the final payment of$I,250.00. Thank you for your support and commitment. AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY A TIORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: JWall@co.richmond.gaus ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM RICHARD L. COLCLOUGH FREDDIE L. HANDY WILLIAM B. KUHLKE. JR. WM. "WILLIE" H. MAYS. HI . J. B. POWELL STEPHEN E. SHEPARD LEE BEARD Mayor Pro Tern CHARLES R. OLIVER, P E. CPA Administrator MEMORANDUM To: Good Hope Social Service From: James B. Wall Date: September 9,1999 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 concerning local assistance grants for fiscal year 1999-2000. In that memorandum, he addressed two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. The previous contract which we have used with private entities, which you may have already signed, meets the first requirement, i.e., it is a contract for services; however, I am concerned the DCA may reject the earlier contract because it does not clearly show the scope of services as being in aid of a lawful activity with a benefit substantially to the County. Therefore, r have revised the contract to provide additional language in this regard. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquires as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. 1 have attached two copies of the contract, smce we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies ofthe contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. , . . STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this / day of~1Y6 1999, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Corrunission, (hereinafter referred to as "Augusta"); and GOOD HOPE SOCIAL SERVICE (hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of Corrununity 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 service~ 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 provide a program for inner city children, thereby promoting public safety. 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: ~ 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; o Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; o Codes, including building, housing, plumbing, and electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted 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, 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 50l(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 corrunon 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 corrununity 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. ~y. (}j,;.) As it 7'.ATTEST: SERVICE of N. ary Publi _ ~ cor:':.1lion 'Expires: tJA 'S;~d::? 5 Good Hope Missionary Baptist Church, Inc. 710 East Cedar Street Augusta, GA 30901 Mailing Address: P. O. Box 2445 Augusta, GA 30903 Dr. Johnny R. Hatney, Pastor Telephone (706) 722-1031 Fax (706) 722-1933 July 1,1999 Lena J. Bonner Clerk of Commission's Office Room 806 Municipal Building 530 Greene Street Augusta, GA 30911 RE: State Local Assistance Grant - Amount $5,000 Dear Ms. Bonner, This letter is to certify that Good Hope Social Service Ministry is a non-profit organization. Attached please find a copy of the 5013 (c). .~ Debra A. Stowers Administrative Assistant ,'" (-~ ... Internal Revenue Service District Director Department of the Treasury P. O. Box 2508 Cincinnati, OH 45201 Date: 'dAN 22 1998 Person to Contact: Brett Siereveld Telephone Number: 513-241-5199 Fax Number: 513-684-5936 Federal Identification Number: 58-2240767 Good Hope Social Service 710 East Cedar Street Augusta, GA 30901-1702 Dear Sir or Madam: This is in response to your request for a letter affirming your organization's exempt status under its new name. Our records indicate that a determination letter issued in August 1996, granted your organization exemption from federal income tax under section 501(c) (3) of the Internal Revenue Code. That letter is still in effect. Based on information submitted with the application, we classified your organization as one that is not a private foundation within the meaning of section 509(a) of the Code because it is an organization described in sections 509 (a) (1) and 170 (b) (1) (A) (vi) . This classification was based on the assumption that your organization's operations would continue as stated in the application. If your organization's sources of support, or its character, method of operations, or purposes have changed, please let us know so we can consider the effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only if its gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the delay. All exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more paid to each employee during a calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). organizatio~s that are noi'~rivate foundations are. not subject to the excise taxes under Chapter 42 of the Code. However, these organizations are not automatically exempt from other federal excise .taxes. ...'~ r -2- Good Hope Social Service 58-2240767 Donors may deduct contributions to your organization as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Your organization is not required to file federal income tax returns unless it is subject to the tax on unrelated business income under section 511 of the Code. If your organization is subject to this tax, it must file an income tax return on the Form 990-T, Exempt Organization Business Income Tax Return. In this letter, we are not determining. whether any of your organization's present or proposed activities are unrelated trade or business as defined in section 513 of the Code. Because this letter could help resolve any questions about your organization's exempt status and foundation status, you should keep it with the organization's permanent records. Please direct any questions to the person identified in the letterhead above. This letter affirms your organization's exempt status. Sincerely, ~",'f' ~ ~~.~ . .. . , O. . j& . ..:<'. . C. Ashley ~llar~ ~ District Director -I :; . OFFICE OF THE CLERK OF COMMISSION Lena J. Bonner, eM C Clerk of Commission Nancy Morawski Deputy Oerk December 6, 1999 Reverend 1. R. Hatney Good Hope Social Service Ministry, Inc. 710 Cedar Street Augusta, GA. 30901 Dear Reverend Hatney: 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. Ifwe can be of any further assistance, please feel free to call. Very truly yours, ~. Lena 1. Bonner Clerk of Commission Enclosure: 530 Greene Street. Augusta, Georgia 30911 . (706) 821-1820 . Fax (706) 821-1838 ~ , . AUGUSTA-RICHMOND COUNTY COMMISSION 020012 DESCRIPTION P.O. NUMBER INVOICE NUMBER INVOICE AMOUNT NET AMOUNT 3t Op Grt- Capital 00CL557 1,250.00 0.00 1,250.00 CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 020012 12/03/99 1,250.00 0.00 1,250.00 AUGUSTA-RICHMOND COUNTY h:~~'tc';~~. .J:pMMISSION 'i , .;' F,-ROOM'10li,ACCOUNTlNG DEPARTMENT ~~' f;;2 ~/'~~s~1~~:J:~1" , } .~ -:~, .;~: ~c, "; ..:. PHO,N~ (706) 821-2334 64-137 611 CHECK DATE 12/03/99 CHECK NO. AMOUNT' ~ , ,I 020012 c ,. r ***$1,,250: 0'0 * * * * ** *':*-***",* ** *;*.** *.*** * * * **'* ** * * * *'* ** **~ * ** * * * *$1, 250ANDNOCENTS 1', . =. ~ ": '.... .~/.T I;' , VOID AFTER 90 DAYS ,,-PAY. TO THE. ORDER -" OF,' ,TQ1042 :GOOD HOPE SOCIAL, SERV A7~t: ~ tU~c;-~ ASSISTANT COMPTROLLER REGIONS BANK OF GEORGIA AUGUSTA, GEORGIA III 0 20 0 ~ 2 III I: 0 b ~ ~ 0 ~ j 7 5 I: b a j 0 ~ L. a j g L. III v "I" GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 CSRA. Economic Opportunity RECIPIENT: LA GRANT AGREEMENT NUMBER: OO-C-L-407 LOCAL ASSISTAi'J'CE GR.A.1'J'T 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 Gr~nt (L\.G) recipient and the L-\.G 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 comer of the grant :lgreement. The certification statement below must be signed by the Chief Elected Official or by someone who is officiilly authorized to sign on the recipient's behalf. Please rerum the form to the above listed address. If you have any questions, please contact Bobby Stevens at (404) 679--1-943 or .-\.my Thompson :It (-+04) 679-3154. CERTIFICATION: Authorized Signature This is to request final payment on the Local .-\.ssistance Grant of the above referenced grant number. In making this request, I hereby certify that the "Scope of the Project" as identified in Exhibit .-\. of the above referenced Grant Agreement number has been completed. I further certify that all funds provided by this gram 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 Title I I Date I i I .\ Application for Local Assistance Grant Loc::U Assistance Gnnts are :!lade pursuant to O.c.G..A. ~50-8-3(a) which provides in percinenc part: "The department shall make grants to I!ligible recipients or qualified focal governments. which f7TaTlt.s are specified by amount. recipient. and purpose in an appropriation to the department" o . 1. Recipient identified by che Gc:ne:a.l Assembly in Appropriations Act: Richmond County 2. Amoune appropriated by Gene:a.l Assembly: $5,000 3. Purpose or che Lod Assistance Gnnt as specified by che Gene~ Assembiy in che Appropriacions Act: Operating funds for CSRA Economic Opportunity Authority in Richmond County 4. Informacion Required by che Deparnnent or Community Aff:Urs for Award: a. Ple:lSe provide a dc:c.ailed description or the projecr. loc:u:ion. type or work .0 be initiated, and ror what purposes che funds awarded chrough chis grant would be used. Attach additional pages if necessary. b. Ple:lSe provide a budget for che proposed projec::. listing all revenues and <::tpc:ndirures. . . Project Revenues Lad Assistance Grant 4f:. ~)O n. Lod GoV!. 1\)0 ~ c- Project :&penditu.res Ocher Tow .f$ iJ: OC 0 . c. Provide apec::ed project start up and project complecion dates: . . --- B-ri,tn;ng Dau Compi.ttion Dau 5. Comacr informarion: PIc::lSe provide :he rollowing conocr informarion for (he gram. r-=.. i .A;!do- -;:::? , I .::--u.) L( Name: ~, 0 f\...Vrl y. fJ l,:;.. , Address: /1&./ Gr ~ Sf:-; -A D B Vi / C l C y' Go!, tA.u ;t..v1--h..- $,,,,, .s:iLz;p, -:tp;c~ - ).70Y Tdc:phon\j ! ) 1t.-/.. ~~ 3 s~imi7fk;)71'J -8~,\ E-maiL Name: Address: Ciry: Scare: Zip: Telephone: Facsimile: E-maii: 6. Certification I. me undersigned authorized represencative of the local govenunem described in chis appiication. cerriry that co the best of knowledge. the informacion in chis application is eme and correct and the Loca.l .~is::ance Gram subject Ii on will be used fo the purposes ouclined above. I further certify me local government described in requisite ower and. authority to expend funds for the purposes set forth herein. (x _ q tj -- Dau Glo~ B, lve:WiS N4m~ (pIau prim) trfU<;{,~ 1>\~€~ Ti~ For additional informacion or JSSisrance. plc::lSe conoc':: Amy Thompson a( (404) 679-3154 or Booby Src:"/ens ar (404) 679-4943. 5/99 - ,. , AGENCY CSRA Economic Opportunity Authority, Inc. 1261 GREENE STREET P.O. BOX 10104 AUGUSTA, GEORGIA 30903-2704 TELEPHONE (706) 722-0493 FAX (706) 722-8565 EXECUTIVE DIRECTOR Gloria B. Lewis August 28, 2000 Ms. Lena J. Bonner Clerk of Commission Room 806 - Municipal Building 530 Greene Street Augusta, Georgia 30911 Dear Ms. Bonner: This letter serves as our request for the balance of the grant award ($1,250.00) for the CSRA Economic Opportunity Authority, Inc. as outlined in the State of Georgia Fiscal 2000 Local Assistance Grant Awards from the Georgia Department of Community Affairs. On behalf of our families and children, we would like to thank you for the continued support of the Commission. Sincerely, ~. i'€~ c-a:~ Le~s Executive Director GBUmsh "An Equal Opportunity Employer" BOARD OF DIRECTORS OFFICERS: Mr. Marion E. Barnes. Chairperson' Ms. Imogene P. Ford, Vice Chairperson. Mr. Melvin Parkman, Secretary. Dr. Louise A. Rice. Treasurer MEMBERS: Ms. Christine Abney. Mr. Shepherd Archie. Mr. Lamont Belk' Ms. Jackie Childers. Minister James W. Clark. Ms. Jackie Harris . Mr. Woodrow Harvey. Mr. Emanuel Larkin, Jr. . Mr. Willie W. Law. IV . Ms. I. Angel Little. Mr. Wm. Quincy Murphy. Ms. Margaret Parker . Mr. Dwight L. Parks' Ms. Lena Warren. Ms. Ophelia Wigfall SERVING 13 CSRA COUNTIES: Burke' Columbia. Emanuel. Glascock. Jefferson. Jenkins. Lincoln. McDuffie. Richmond. Screven . Taliaferro. Warren. Wilkes: also serving Bulloch County. " j' lf$!ir:'r;~. ;t-,' i o'\,...,..~:-, ~pL~ _~~~,; \~1} ,~./ ~ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER September I, 1999 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: The attached contract when executed commits state funds in the amount of $5,000 for operating funds for the CSRA Economic Opportunity Authority. 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. q:.fJ(~ Jim Higdon Commissioner JH/ja Enclosure cc: Richmond County Legislative Delegation ~C/L- e/~/ . 60 Executive Park South, N.E. · Atlanta, GeorgIa 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opponunity Employer EQUAL HOUSING ~ OPPORTUNITY J..:J @ Recycled Paper AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY A TIORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: JWall@co.richmond.ga.us ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM RICHARD L. COLCLOUGH FREDDIE L. HANDY WILLIAM B. KUHLKE. JR. WM. "WILLIE" H. MAYS, 1Il J. B. POWELL STEPHEN E. SHEPARD LEE BEARD Mayor Pro Tern CHARLES R. OLIVER, P E. CPA Administrator MEMORANDUM To: CSRA Economic Opportunity From: James B. Wall Date: September 9,1999 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 concerning local assistance grants for fiscal year 1999-2000. In that memorandum, he addressed two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the fonn 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, r 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, [ 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 funos to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquires as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, [ have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. r have attached two copies of the contract, s1l1ce 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. ~t~ 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 Corrunission, (hereinafter referred to as "Augusta"); and CSRA ECONOMIC OPPORTUNITY AUTHORITY 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 provide programs for the disadvantaged, promoting public health and safety. . 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: ~. Police and fire protection; U 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; C Parks, recreational areas, programs, and facilities; U Storm water and sewage collection and disposal systems; U Development, storage, treatment, purification, and distribution of water; C Public housing; ~ Public transportation; o Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; o Codes, including building, housing, plumbing, and electrical codes; or C 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, 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 ~, .~ ,-. 50l(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 corrunon 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 ~ ' .. Organi.zation as to whether it is "organi.zed 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: ~TEST CSRA ECONOMIC OPPORTUNITY AUTHORITY ::~:~I04 . '-€ ~ ~ efiUd~~UJ~Cizv- to and subscribed me this 16~~ day of >999. 5 . ....... -:- .. Grant No. OO-C-L-407 STATE OF GEORGIA COUNTY OF DE~B 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. 1350-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend funds for the purposes set forth herein; NOW, THEREFORE. in consideration of the mutual covenants and warranties contained herein and other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged. the parties agree and covenant as follows: 1. Scope of Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts. an amount not to exceed $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 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 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 WIitten 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. Grant No. OO-C-L-407 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials. agents and employees of the Recipient have not violated any applicable federal. state or local conflict of interest laws. ordinances. rules or regulations. including but not limited to. O.C.G.A. 945-10-20 through 945-10-28 and O.C.G.A. 936-67A(l) through 936-67A(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 Lel!allv Bindinl! 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. 11. Satisfaction. In the event the Department determines. in its sole discretion. that the Recipient: (1) has failed to comply with the terms of this Agreement in a timely manner; (ti) has failed to complete all or a portion of the actions required under the Agreement: (tii) has acted in any way contrary to the purposes for which the grant was awarded; or (tv) has violated any federal. state or local law. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. Grant No. OO-C-L-407 Page 3 of 5 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution. "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult. or religious denomination or of any sectarian institution." Ga. Const., Art. 1. Sec. II. Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City 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 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-407 Page 4 of 5 IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the date fIrst written above. FOR THE RECIPIENT FORTHE DEPARTMENT OF COMMUNI1Y AFFAIRS By, ~~2 --- Mayor ~ /6"/10- ---- By: Attachments: Exhibit A. "Scope of Services" . . . ~ ....... ' Grant No. OO-C-L-407 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Richmond County for operating funds for CSRA Economic Opportunity 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 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. GEORGLL\. DEP ARTj\lIENT OF COMNIUNITY AFFAIRS 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 DELTA HOUSE LA GRANT AGREEMENT NUMBER: OO-C-L-4I0 RECIPIENT: LOC.AL ASSISTAL'JCE GRA.1'IT REQUEST FOR FINAL PAYMENT GEl'i'ERAL INSTRUCTIONS: This form is to be completed once you have ful6lled the scope of work as ouclined in YOUI grant agreement. Be sure to indicate the name of the Local _,\ssistance Gr~m (L\.G) recipient and the L\.G grant number at the cop of this form. The gnnt recipient is the entity thar appears in the grant agreement and the grant number appears in the upper left-hand comer of the grant agreement. The certi.ficacion statement below must be signed by the Chief Elected Officilll or by someone who lS officially authorized co sign on the recipient's behalf. Please return the form co the above listed address. If you have any quescions, ple~e contact Bobby Stevens :It (404) 679.4943 or :\.my Thompson at (404) 679-3154. Authorized Si2"Qature This is co request final payment on me Loc:J.l _\ssistance Grant of the abmre referenced gnnt number. In making this request, I hereby certify that the "Scope of me Project" as identified in E'iliibit .\ of the above referenced Grant "\greement number has been completed. I further certify thar ill funds provided by this grant haye ~een spent in accorchnce with the terms and condicions 0 f the Agreement and thar all the informacion stated herein is crue and accurate. CERTIFIC.ATION: Bob Young, Mayor Name and Title ~j \ U \ I I'Dare I tl h/1i .. .,..... . \ Application for Local Assistance Grant Loal Assistance Gi:1!!t.S are made ?urSUWt co O.c.G_'\. ~50-8-3(a) which provides in pe:tine:lt part: "The cUparm-zem ihall maize p-anrs to t!Iigible recipients or qualified local governmenrs. which p-ants are speC:-jUd by amo.unt, recipient, and purpose in an appropriation to the departmenr" 1. Re::pienc ide:tcified by che: Ge:l':"--:ll Assembly in Appro?riacions ..\cr: Richmond County 2. Amount ap?ropriated by Ge:le:-.J AssemblT- $20.000 3. Purpose of che Local Assis~..nc: G.rant 4.S s!=ecined by che G.:...,eral Assembly in che Appropriacions Ace: !~~h'~T'."P t' " R'h dC Operating funds for Delta Le:lders Ip r:lInlng rogr:lm or mentanng In Ie man aumy 4. Infor.nacion Required by me Dl:?arnne:lt or Community .-\ffo..irs for Award: a. Pbse provide a de:ai.led descpcion of me ?roje-=r. loc:u:ion. :ype or work co be :ciciated. and for wnat ?llr?oses che funds awarded chrough chis g!""..r.r would be !.lSed. Art:l.c.~ addicional ?ages if ne::ssary. The Local Assistance Grant as specified by the General Assembly will be utilized solely for the purpose dedicated to the operations and functions of the AKA's historical program in Richmond County. This grant will help to facilitate our incurred administrative costs, e.g. personnel and daily operational costs, e.g. utility bills, monthly rental fees, work materials, etc. b. Ple:lSe provide a budget :or Co.':.: ?roposed ?rojec::. [iscir:.g all. rc:"/enues and r:.."Cper:.d.icures. Project Re.,enues Lod Gov<:. - c Projec: E::::penditures ,SO ~ Loal .-\.ssist:lI1c: Gram ache: -CJ o Tou! - .0 ;z '.-/ Q, D c D c. Provide e::cpec:::d ?rojecr mrr up and projec:: completion dates: 4, j)- <i1 ;1'w!~- /l _ .2t..'()c) ~-_--L- ~ __ BCrl",.inr Dare C"m.,,~ri"n Dau 5. Contact [nformacion: Plose provide ,he following concact informacion for ,he gram. Name: CAJ7/./;j-~ /J~ Address: II/G P~5 A-z<- vtL-o 4-- G If ~ 0, C:C'r- ~~~ Teleo'nonJ7DI..) 7:l.4.357" Facsimile: . ..... , -~ .si- Scace: G ,,'1- Zio: .:5 C) 00 / E-mail: Nune: Address: c: [y,: Scat:: Zip: Tele?none: Facsimile: E-mail: 6. c.:..--ri1icarion 1, ::h:: unde..-signed J.ur..~oriz:d represe:l.t:4.cive of ;:.b.e lod gove..~ene desc=ibd in chis appUc.cion, c::riF! mae :0 the bc:st of my owiedge, the information In chis application is ::rue and co~c: and the LOc:ll.-\ssiscmc: Grane subject co chis lp Ii cio ill :JSd for, the ?U.?oses ouwned above. I furchc:: c:..-tify the local govemme:J.t described in chis aopli r cuisiee wer and. aumoriC'/' co r:::oe..'l.d funds for the purooses se: forth her::.::J.. . ~ '. . -&U , - .-lum,,~' .Vprcm&lUi,'/! D= [rf7l-l..s..n Afc:- /YIL...,-~ - ..:56/- d Nam/! (P~IU/! .:;rinrj \ ~ L:._/;/+o-r r;r~ For add.irion~ informacion or :wist:Ulc:. plose -:onc:l.C: .\my Tnom~so n at (404) 679-31 S4 or Bobby SC:'/e:".s at (404) 679-4943. 5/99 . , Grcu t No. OO-C-L-410 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 Mairs 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. 950-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS. the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authoIity to enter into this Agreement and e..xpend 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. Scolle of Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts, an amount not to exceed $20.000 to be used solely for the purposes specified in the attached Exhibit A. which is incorporated herein by reference and made a part of the Agreement. 2. 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 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 the Recipient in accordance with the following payment schedule: $15.000 Within ten days of the Department's receipt of the executed Agreement. $5.000 Upon receipt by the Department of wIitten certification of project completion in accordance with this Agreement. $20.000 Total Disbursement 4. .Aplllicable Dates. The effective date of this Agreement is specified on page one. Grant No. 00-C-L-410 Page 2 of 5 5. Confficts of Interest. The Recipient warrants and represents that all of the officials. agents and employees of the Recipient have not violated any applicable federal. state or local conflict of interest laws. ordinances. rules or regulations. including but not limited to. O.C.G.A 845-10-20 through 845-10-28 and O.C.G.A 836-67A(I) through 836-67A(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 Lel!a11v Bindinl! 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 Auditinlt. 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. fmancial 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. 01len Meetings. The Recipient certifies that in approving this Agreement. it has complied with all the open meeting requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated. 9. No A,e:encv or partnershill. 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 detennines. in its sole discretion. that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement: (iti) 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-410 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. (h). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett IJ. City of LaGrange. 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is txue 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 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] Graut No. OO-C-L-410 Page 4 of 5 IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT By: ~ Attachments: Exhibit A. "Scope of Servtces" FOR THE DEPARTMENT OF COMMUNTIY AFFAIRS By: Grant No. OO-C-L-410 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Richmond County for operating funds for Data'- Leadership Training Program for mentortng in Richmond County. · If the preceding statement of purpose designates a pIivate program or entity for accomplishing its purpose. the purpose must be accomplished through a contract for services by the named pIivate entity, or the pIivate entity that conducts the named program. If the appropIiation 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 appropIiation is for a grant for renovating the facility of an histoIical society. An appropIiate implementation might be a contract for services in which the histoIical society promises that its histoIical 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 histoIical sites. These are illustrations only. · It 1s 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. >- .~ . . .... STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this 1~11n- day of .t'1J{A./r<~. ." between AUGUSTA, GEORGIA, a political subdivision of the State ~, 1999, acting by and through the Augusta-Richmond County Corrunission, (hereinafter referred to as "Augusta"); and DELTA HOUSE, INC. (hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of Community Affairs and to Augusta a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, Augusta deems the services to be provided by the Organization as essential and necessary for the citizens of Augusta and acknowledges that the Organization can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. Augusta agrees to appropriate to the Organization, and the Organization accepts, the sum of $20,000.00 (the "Funds"), to be paid to Organization upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the Organization agrees to perform the following services, which Augusta has determined rende~s a substantial benefit to its citizens, to wit: To operate the Delta Leadership Training Program consisting of a mentoring program in Richmond 1 ~ County which assists police protection . 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: ~ Police and fire protection; o Garbage and solid waste collection and disposal; ~ Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; U 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; G Parks, recreational areas, programs, and facilities; G Storm water and sewage collection and disposal systems; [ Development, storage, treatment, purification, and distribution of water; C Public housing; ~ Public transportation; C Libraries, archives, and arts and sciences programs and facilities; Terminal and dock facilities and parking facilities; ~ Codes, including building, housing, plumbing, and electrical codes; or Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted 2 accounting principles. 4. The Organization shall hold harmless and indemnify Augusta, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representa~ives, 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 ~his 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 servi=es to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). Organization shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 3 .' 7. Organization certifies that it is a tax exempt entity under ~ SOl(c) of the Internal Revenue Code. 8. Organization acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of LaGrange, 153 Ga. 428(1922), the Supr~me Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982) . "The term I church' 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 corrunon 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.J Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 4 -- ~ '. 9. Organization certifies that Augusta has made inquiry of Organi.zation as to whether i. t is "organi.zed out of belief i.n God or other supernatural beings" and Organi.zati.on hereby certifies to Augusta that it is not so organi.zed and that i.t is not a religious organizati.on as defi.ned 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. DELTA HOUSE, INC. ORGANIZATION By: C;V~Lwr~ /lJ..u1 -&1V As its bl!.-:i:...;.:...~ ~'1..-<:..<::..--c".T ~ ATTEST: Title: Sworn to of . . Notary P' Ii My Commission Ex ires: 8~ Oc::.c.. ~06 0 5 To: 8.L,AJM f3Q41JAJ t:;/~1 ~. > ~ AUGUSTA-RICHMOND COUNTY COl\1MISSION BOB YOUNG Mayor JAMES B. WALL CITY ATTORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: JWall@co.richmond.gaus ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM RICHARD L. COLCLOUGH FREDDIE L. HANDY Wll.LlAM B. KUHLKE. JR. WM. "Wll.LIE" H. MAYS. ill J. B. POWELL STEPHEN E. SHEPARD LEE BEARD Mayor Pro Tem CHARLES R. OUVER. P E. CPA Administrator To: (l/llf.=- . /.., -<-I . i+V~iOC"J"" Delta'teadership Training MEMOR~ND1JM From: James B. Wall Date: September 9,1999 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 concerning local assistance grants for fiscal year 1999-2000. In that memorandum, he addressed two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. The previous contract which we have used with private entities, which you may have already signed. meets the first requirement, i.e.. it is a contract for services; however, I am concerned the DCA may reject the earlier contract because it does not clearly show the scope of services as being in aid of a lawful activity with a benefit substantially to the County. Therefore, I have revised the contract to provide additional language in this regard. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquires as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural be.ings", 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. ~ . GEORGIA DEPARTMENT OF COMMUNITY AFFAIR I \ ) (AlJGIJSTA..R1CHMOND COUIfJY CCMMtSSlCNJ ; ." AUG .') f~ 199Q d \) 'OJ ~" "-t">~,,,o~ J../.~"..,...... ~'~",~'; J:14 -r~~;:1 l" ')'f ..-, ~-oI, 'J \".,.,.",... i ~' RECEIVED Jim Higdon COMMISSIONER August 27, 1999 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: The attached contract when executed commits state funds in the amount of $20,000 for operating funds for the Delta Leadership Training Program for mentoring in Richmond County. 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 gram 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. Sincerely, ~tJGt~ Jim Higdon Commissioner JH/ja Enclosure cc: Richmond County Legislative Delegation J~;fh C-L-11O EQUAL HOUSING ~ OPPORTUNITY J...:.J 60 Executive Park South, N.E. · Atlanta, Georgia 30329.2231. (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper ~~ ,"~ /)IJ-{-c- 3d8 Application for Local Assistance Grant Local Assistance Grants are made pursuant to O.C.CA ~50-8-8(a) which provides in pertinent part: 'The department shaD make grants to eligible ~cipients or qudified bJeal governments, which gr~nts are specified by amount, ~cipient, and purpose in an appropriation to the department" 1. Recipient identified by the General Assembly in Appropriations Act: Ricnmond County 2. Amount appropriated by General Assembly: $24,000 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Purchase equipment for Boxing Club in Richmond County 4. Information Required by the Department of Community Affairs for Award: a. Please provide a derailed. description of the projea. location. type of work to be initiated. and for what purposes the funds awarded through this grant would be used. Anach additional pages if necessary. ..r- f'<' ~ ~ \ e So \A ~ e.. d- -t- ~ r 0 u. \ d e. e.. ~ \..4. i' r M. e..N -\- ~ v.. tv 1 T () r M.s ~~( :;)..d 0 -;- \fU""-~'" ~~t"+\ <-\O'~Ni-..r o-f GC""\ f\.o. ~ (J \' e \J e t--' -\- '\ () r-J V (J "" --\-~ t" e L' e ~ ~ ~ 0 j..J Cc <- ~~ ~ r-c. f !I \ r .- 0 '~/' 0. M. TO r p.. '-<. ~ I.. S +-.... \f '" ...... ~ A- ;) e b -->> ~ 0 b. Please provide a budget for the proposed project. listing all revenues and expenditures. . Project Revenues ~ Assistance Grant ~:l Lf-; 0 c 0 Local Gove. Project Expenditures $" d. 4-, 0 0 0 bo)(; /WS ) (A L L e \'-4 ~o> ft\e,.,i Other Total c. Provide expected project start up and project completion dates: ~ _ i- 00 l---L-Qi B~""i"l DIIk Compktio" DIIk r-~' 5. Contact Information: Please provide the following contact information for me grant. . (3 c ~J IV ~ c.. L ~.b;-rc: rh (y\ 0 ra.~t~.s.- UJ A-L+C) 11 lA.J 0..// / Name: A U0\...l S 1- .A l ~~q Address: City: A u..:Jl.<.s +'" .3 ') 06 . Tc:lephone:'7 Co . ') '33 . 'J ~ S Facsimile: '7 3:5 ' , , 0 '" State: G q. Zip: "$ 0 7 c~ E-mail: Q. ~C L4ub1 @~,~:,~e. (.O~ '-.f-..Jr Name: E L~er+ '\'<"\.~d&"x r;;}- - /OQ((5 l?"'/r: Dr I ~~~ (/4, Gq 30 9 C1 ( City: A.I.....\~ ~ 'S. t-~ "'10~' . Tc:lephone: P") ~ <t. 0 0 :J. 'L Facsimile: ... ......~ Address: . ~;:':;/r.'" ". '. . ~::~' .\ -:. ". '- .,-l..~ " ,~~: ,;. :. ,',"\.:. : '.1.~..;;:. State: C, Q. zip:5 (J?" b x,; E-mail: 6. Certification I, me undersigned aumorized representative of the local government described in this application, certify mat to me best of my knowledge, me information in this application is true and correct and the Local Assistance: Grant subject to this application Will be used for rhe,purposes.outlined above. I further ce:rtify the local government described in this applicatio all uisite ow or' to expend cis for me purposes set forth herein. Mayor Pro Tem Aushoriud &pmmtlltiv~ . --ro~ \'{\ oto..e.-TeS l- 'J.. <6- 2-0 Dim Name (pieas~ print) c; 't. e..c........-+i u (' 0', t-e c.. ~ r / 1+ ec..d Co a c..l., Title For additional information or assistance:, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Georgia Department of Community AffiUrs 60 Executive Park South. NB Atlanta, GA 30329-2231 www.dca.scate.ga.us 6/00 .'- Office of the Mayor Bob Young, Mayor Room 806, Municipal Building 530 Greene Street, Augusta, GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.gaus November 6, 2000 Honorable Jim Higdon, Commissioner Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329-2231 Dear Commissioner Higdon: Enclosed is the following executed agreement for the following grant recipient: ORGANIZA nONS AMOUNT OF GRANT AWARDS Richmond Boxing Club $24,000 Contract services RFP As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Office of the Mayor Bob Young, Mayor Room 806, Municipal Building 530 Greene Street, Augusta, GA 30911 (706) 821-1831 - FAX (706) 821-1838 E-mail: mayoryoung@co.richmond.ga.us July 31, 2000 Honorable Jim Higdon, Commissioner Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329-2231 Dear Commissioner Higdon: Enclosed are the following completed grant application and request for final payment forms for the following organizations: Organization Grant Award Purpose Richmond Boxing Club $24,000 - application Purchase equipment Richmond Marshal's Dept. Request for final payment 00C-L-327 As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, ~~~S Mayor -~ . . . STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this~day of ~~ 2000, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Corrunission, (hereinafter referred to as "Augusta"); and RICHMOND BOXING CLUB 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 $24,000.00 (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 gym equipment, uniforms, and training equipment for a recreational boxing program. 1 . t 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; , Parks, recreational areas, programs, and facilities; o Storm water and sewage collection and disposal systems; o Development, storage, treatment, purification, and distribution of water; o Public housing; o Public transportation; o Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; o Codes, including building, housing, plumbing, and electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted 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, 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 ~ '\ 50l(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 corrunon 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. RICHMOND BOXING CLUB ORGAN~ By: c/P1 mtYl~ As its if. D. ATTEST: Title: cJ) B~: o/J As its M ATTEST: Sworn to and subscribed before ,me this -3LL day of ~&q ~/~:>' 2000. ,~~~~ :Notary Puollc ~ : M~ C9mmissipn txpires: --~mori"n('-QUI'1'Y ::V" '~~~"esOtl"';' ~,nll;"; / ',,,c".' ", . 'lIill ~j --;.-...... 5 AUGUSTA...RICHMOND COUNTY COMMISSION 040502 ,,' .. ,....-,' . "', .., ," ...:.;~'", '0, :'; .. ., ..< '.~:x'. .. .:,-, .,-J}~':<v.-';:, ; . ' ~: "'-'... ;: ')"_: GRANT 01CL207 18 , 000 . 00 0 . 00 18 , 000 00 I- - - -- - - ,- - --- . - -- - - - '. - - ,- ,- - - - - - CHECK NUMBER I CHECK DATE I TOTAL INVOICES DISC TOTAL CHECK TOTAL 040S02l 10/27/00 I 18 , 000 00 0 00 18 , 000 00 L.6_....~__' r t3~~I~?: .............-,-~.. ."';d.;.,,__.... ," ~:.:r.d.(-_ ~- .; L; i~~j~~I;: ~ '; . .?l:~)'X'. ',< I ~ I ,~\ ,1, "" 1*,*I**t**'i**i*****'**.***:**$18 000ANDNOCENTS' ij",<",~ ~;,_~,~~~, ,ltj~i~1:1.l,:-,"Jt:',~I,: _t,L,... \ .r'!",l"~, \, I' ' '~\' \ \:.1 ~r jlJ:;., -..' "' \, \" , : ", ' . , , , : "0: t.~(:..,..~( :\..}(.,~ !' :"j"'{" I'"~ 1 ',', ,:' ""'",\":,,,"";,,, .;, ",~~ " ~~~1~'.~~[ ....';'; !(l,~~:;i/;{'\~~.':~j/:l \, t' :: VOlO AFTER 90 DAYS. \ rL (: ,1) ,-" .......;,_~!L...-r. CLUB' " I" I' .5..J,....,Y"'"~ ""~_ }_~-,,<': - " " ' ,',1>.:,-', ,'~._\ ''''.,;'l: I",'t,:. W,,< It - -- " .\::1,.;:- r~"~';~r: ~~":,,',:;,'i~"~\; ~} ~., ~r(~I','1(i:-,{ ;.lHI,II,",~ ,~!i, .,i_' ','11' .~,f :!, 1: ~I" J'L,I","r','\II~,i~"';J, I'" - i.5 l .1t~~I"I' ,.1.111'-' I t"lr . _ '"ll', ',' _" ,:,,'III~,,:'~~'d,~,pl". f , ,.., , . <-.'...k2, I', j;{!."!' ""I;"'L~::,'7 r'~',;,'. 'J". _,' ,,'(...,,".. .....',.'~t:'~;,''\ '-'_- .~..-~~ :.,....,j.:~ v.':" "<\'~'1'",I'..">111 it"""'''' ;,;:; " '0_.:,' ',AsSrSTAKTCOMPTRotlER I,',," ,vI'!!,.~ ,.!/ ' k>,t-~. c' "';'" ""'e ~~,.?;.(",:: f'".'~:.,n; ~?, ~;.:i';" ';'~~,!:' . REGIoNS BANK OF GEORGIA' " ~l/ ,AUGUSTA. GEORGIA II- 0 L, 0 5 0 2 II- I: 0 b I. I. 0 I. :\ 7 5 I: b a 1 0 I. L, a 1 g L, II- Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 July 18, 2000 Richmond Boxing Club Mr. Tom Morates, Executive Director 1929 Walton Way Augusta, Georgia 30904 Dear Mr. Morates: Enclosed is an application form from the Georgia Department of Community Affairs regarding the Local Assistance Grant from Fiscal Year 2001 State Budget, which was awarded to your agency through the efforts of our local Legislative Delegation. Please complete the highlighted areas on the form and return promptly to my attention at the following address. Also, please execute the enclosed contract between your agency and the city. Lena J. Bonner Clerk of Commission's Office Room 806 Municipal Building 530 Greene Street Augusta, Georgia 30911 Should you have any questions or need any additional information, please feel free to call. er, Clerk of Commission Enclosures: : ~L! .J. ... 'f (8 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E.. Atlanta, Georgia 30329-2231 , RECIPIENT:'Boxing Club in Richmond County LA GRANT AGREEMENT NUMBER: Ol-C-L-207 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 comer 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 Hill at (404) 679-3154. CERTIFICATION: 1bis 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 funds provided by this grant have been spent in accordance with the terms and conditions of the Agreement and that all the information stated he ein is true and accurate. . Authorized Si ature .I Bob Name and Title Date Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: October 23, 2000 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed is a check from the Georgia Department of Community Affairs in the amount of $19,875.00.- Please issue Augusta-Richmond County checks to the following Local Assistance Grant recipients, which represents 75 percent of the their grant award ORGANIZATION GRANT NUMBER GRANT AMOUNT Augusta Boxing Club 01-C-L-207 $18,000 Beulah Grove o l-C-L-430 $ 1,875 Resource Center, Inc. Please return all checks to me so that they can be forwarded to the appropriate agency. Thank you for your continued assistance. Enclosure: . ' . ';~~-:~.~-"~~T-':'::~-~ .z.;':-":"~~::~:~:~:-:~.:~.~4~:~~~~.~.:~~:~:~~'~':':':'~'>';' :~:_.~~~ :~~~'~-:..- '~:';::~:='-::='~~~'~:::' '.'- .... _ ,":', , -. _.....~ 'i";~"'~' ~-. c~!"i, ' '"\:(,'t',.: :;:;"J: fl.'j .1:. 2){f'~ - ;i,^';' SiFATE OF GEORGIA.q;; n -/ ", ':.>. ~ :':; ,.;, . . ,DEPARTMENT OF COMMUNITY, AFFAIRS ,;;:;i'", ,~- '4'1"., '. ('''1 ':~~i"~" ,:Iz1,i;\,'_'_""'-'~'.'-"J r;,\, 60,IEl<EClJ,TJ-VE;PI\RKi'SOUT!'t.N,. E.i .~;:!~i b~.-:.~,.;:', ,;[' '<C'!-::7' .u, ';'" \ 'A,TLA'NTA, 'Gle, 303Z~-223'1 ~ ~ -f.., > i.i (?:'[;' ,-/;;;;~~. : "':~' e if ~o,~1V'I,~\' :(;. '! '.;} If (}' k ' '177. . to/1861000 ' . .' '~,r.'. t:;' r~ ,r", r, r:. ~k tD . '-~ ,_ I . ,~:,.lr'\ ._..:;~,~ . ~,~\~~,j_ .~A':~" .......:, '~""'"~ ;,;..,.. 'P1w tQlha~r of.. 'AUGUSTA -IU CHMOND .C,OUN'tY: .~fY~~: \f "r lP. ~ ,&30 GR.:E, EN~ ,Sf ~OOM 80): .:, . ~, '.. ~. " "\. . .'. , . ~ "I " ~, _i .:. , ':;;CpayE:,i~cIlYNINETE'EN '~THOUSAND EI.GHT HUNDRED SEVENrY";FIV~ ANO'Op/100 S ** ,~ "',~ ,r,' " ,.,' -::..-.,;:-...,-.......I.:f1'; ~;r'.[ .:~I (.)'.;~ ....:.,' . "'. ':: '.. .r-}(,., '~r2 . . '," ..'. ':r"':..' . . . - .- ..", ._~.~_."..-..-_._. -' ,...... .,.."-.,. . .... ._-~.a.~.........,.-.:._.-.....-.. ':': :-::~::-:;:~::~>~~::;~.-~;~:;.-=j .. : .:....--.,-- . I, '- ' . p',.,' I .', ,;,:,_'~-,,'....: ~. . -.-.. . .- . ,>.::~ ~ .;...~~-.:(r. .... .. :.: ".': ....;...1.,.., :~~. -'i . '. .. '.' .' ' . ".~"" ,1':':- "..:..; =r_ t~~:..~_;}'/..::;=. j.-' ,~" :::~:; ::~)=- .:!-~:~!5/. /.~ ~ ;:~:~:~;~;@~;~:~~~~;~~ f~l~~i:"~:' ..... '. :: -' ~ - ':.."-.~-" ....... " .1 Page 001 OF 001 Vendo, No; 0000013727 Vendo, Name: AUGUSTA-R ICHMOND COUNTY ,. . :; IAI t: UI- Gt:UHGIA DEPARTMENT OF COMMUNITY AFFAIRS ATLANTA, GA BANK 1100-1000 INVOICE NUMBER 01-C-l-207 01-C-L-430 GROSS AMOUNT 18,000.00 1,,875.00 INVOICE DATE 10/17/2000 10/17/2000 000016979 000016980 f r ."" ::-~, r,~ t ',gt.. ,,'~. ~', :,~;\'Tj .,..".~~ , 1: ' ... ,: ~\} I' ;"i DISCOUNT TAKEN ... Check No: Check Data: Check T otaf; 0.00 0.00 0000042133 10/18/2000 $19,875.00 AMOUNT PAID 18,000.00 1,875.00 ,I, ~ ""_~. ..... _.....:'.,._......._-:....-.-,.~..__,.._...~ :~. " (::.... -" C~ L.' ,'I 1'1' ,1' /:. '(~ ~-. ' -- ~? --",:.,"""""",,,,,ql.,'::!.- ,;, -1"'1:'/ : r. i:. ~-";.. -..,'-.;;!. :' '"_...... _'":",".~~'__.J ___ 11100000 ~ 2 ~ ~ ~1I1 1:0 b ~OOOO ~Ol: O? 0 ~? ~ b Sill , , . , " ~t!. ',. I:, f'i >::j:::;:~:./.;:::.::~~~~~j~:~A .-~~i.~" ~;,"-,"~,"c":ij>if, ';;;; ;;;;,,~:.~~~:~, ,,_ .J. \3 ~. :." ,~ ... '.) , 6.f..,.1'/610 ~' '. :0000042133 Check No Vendor No: 00ciop13727 ..),~':"',,-,'-- . ,. . " Void efl8r 60 days :'; ;"f.,." ~ ~: !,. $19,875.00 -y}' ~,:': ESCRI TION, AUGUSTAI.RICHMOND COUNTY COMMISSION RANT "P.ONU BER, NICE B 01CL207A 042826 ,NETAMOUNT 6,000.00 IN OICAM NT," 6,000.00 0.00 CHECK NUMBER CHECK DATE 042826 12/01/00 TOTAL INVOICES DISC TOTAL CHECK TOTAL 6,000.00 0.00 6,000.00 .'. ~ AliGUSTA~RICHMOND COUNTY ~,~ _~, ~OMMISSION 'l/ '.t'~.!~OOM,10s;ACcbiJNTING DEPARTMENT .>:-,~"f>'" . " 630 GREENE STREET' .', :~c ", .A('GUSTA, GEORGIA 30911, ; -". -',', - " , r:',"J >.' ;PHONE (706) 821-2334. 't-_~:<. .. ,."-!,' ~ :-~~' . " ;' I ,F ", .( _ "~ " . ,_ _ . _', ' " ,*******-~****,********.:****'*''i1:** *'!<.t**:~,*****~**,*,1!,***$6, OOOANDNOCENTS ,/.i 1" ,'_ ; ,,: ,,' )~ .',' , '.1' ,;,: , ',',' ( ", ~' '~. '\ "', ,:.",' (: I",' ':!~ ,:" :.. 1:\ . "'J ' . ' , , PAY TO'THe ';,ORDER. ~~~~i~1':'~',_~ . --- '...... ::: r1,,~~- _' '....-...=~ ~ 611 '1 '" I, 'I" ; .. '. ",I. I' . ',t I, . f '.oj L., ,i, '\ " ~ 0I,,",.i. J: VOID AFTER 90 OArs . . .,~ '-- - " \ -.' '\ . .. --;- ~~,,~, 't -.-L1 ",j<, -'~ a;x~/jr:;~htA, , JtJ~.all ~; , ~:f", t" I L' ..' , .~'" ,,'.' ASSlSTAH'rCOMI'tROLLER,1 ..,.\ ".. , '<J'" ,,-,:'1"__ <.-~ _ . ~~_~_-:. "~~~< .!~,,~,~~__;-"'.<~~- :....~;:"}i~~\1'~~\~ti. :i~~<<,~, ~<"~~;>I/~ ,1','1-,<1,\\'.. ~""t.,~,,,".'/' ':"","'.";~'''~~~''''~'{'~'_~'~~V' "" ", N$'iA~~'~'GEORG~ 11,1~"'>-' . '''!:'1~;'''''':.:z.,/ ,"(;~" =....~;F': ~l~G~A,GEORGIA"1 ."', III 0 ~ 2 8 2 b III 'I: 0 b 1. 1. 0 1. ~ 7 5 I: b 8 ~ 0 J. ~ 8 3" g l., III , 8) GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER October 19, 2000 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 806 Augusta, Georgia 30911 Dear Mayor Young: Enclosed is a check in the amount of $19,875 representing the first payment under the following Local Assistance Grants: Grant No. 01-C-L-207 Grant No. 01-C-L-430 $18,000 ~~ ~ $ 1,875 Also enclosed are copies of the executed contracts for your files and Local Assistance Grant Request for Final Payment Form. This form must be completed and returned once you have completed your project and expended the full amount of the grant funds. Upon receipt of this form we will issue the fmal payment. Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to me the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Amy Hill at (404) 679-3154. Sincerely, Q-- ~tryJ~ Jim Higdon Commissioner JHlj a Enclosures EQUAL HOUSING ~ OPPORTUNITY L.:.J 60 Executive Park South, N.E.. Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us An Equal Opponunity Employer @ Recycled Paper Office Of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - Augusta, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 October 30, 2000 Mr. Tom Moraetes, Director Augusta Boxing Club 1929 Walton Way Augusta, Georgia 30904 Dear Mr. Moraetes: Enclosed is a check in the amount of $18,000 representing a grant between the Georgia Department of Community Affairs and Augusta Richmond County for a grant of local assistance to the Augusta Boxing Club. If I can be of further assistance, please feel free to call. V;;;;'V::i ~ Lena T'B'oimer Clerk of Commission Enclosure: ~ Mc;1~~ 6 ~ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER October 19, 2000 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 806 Augusta, Georgia 309 I I Dear Mayor Young: Enclosed is a check in the amount of $19,875 representing the first payment under the following Local Assistance Grants: Grant No. 01-C-L-207 Grant No. 01-C-L-430 $18,000 $ 1,875 Also enclosed are copies of the executed contracts for your files and Local Assistance Grant Request for Final Payment Form. This form must be completed and returned once you have completed your project and expended the full amount of the grant funds. Upon receipt of this form we will issue the final payment. Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January I, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5 115. I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Amy Hill at (404) 679-3154. Sincerely, ~ ~tryJ~ Jim Higdon Commissioner JH/ja Enclosures eQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E.. Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper . "It's 6nter to SUJMt in the Gym, than to bleed in tI,r m'f'et.f. .. AUGUSTA BOXING CLUB Augusta/Richmond County Police Athletic League 1929 Walton Way · Augusta, Georgia 1090-1 (706) 733-7533/GYIll/Otlice . (706) 7.~,~-11 O<l/Fax . Pager 240-4555 . E-mail: .thclub 101hClIll('.(llln "IRECTOR &. ""A" (;()ACII T"lll MOI;lCI~:l . www,:H1RlI~r:\ho)tjl1g.org RICIlMON" C:OUN"rY Sllf.~lfF ('1\.1rl~s W~h~l~r CIIIIW ASSISTANT 1,lhe" M~lI<l". AssrSfANT TRAINF-RS l>~yid r.,lc. M;IIOII AIIe., " I JI/\'Y Wil~CI~'\11 . Kevin IIArvisnn l>Cnl,.c M(l"ill:l~~ -'te""..: Pri\."t: (>:,vid I(A;'\~y FRMA ...... C()A(;1l 1l~l\i.o M"'''~I~~ SCIIOI,Allsrlfl' COMMIT".:!>:: t )t:"i.~c M"'''I\'h:~ Jlle ll"I!~I~ ('lint Ilry.llt A('A'>F./Ioll<' AIIV'SOIl I)clli~~ MI1I~Il,.'ll.:t Tf.M1 PIIYSIC'ANS Ilnh (;AO,h.dl. M.I>. Je"'~lI nu"".II. M,u, Jnl\~ Wnllntt. M.n. J"J~1 M"lill'"l.. M.Il. I'nl1 N~d'''mn. M. /). GYM MAIN'rF.NANU J.o~ NOm" <;'~1I Jonc~ AlI(:UST,\ Rf':(;RF:Al'ION ANI) PARK.~ Tom lIeck. "''''''hlf Rt,hC(1 111\\\"lIn1. ^f!:~l. Din!ctor nllck S~II~I. Mal'"~"t I.YI~I^ ff~I"I. Adm. ^~~lj~l~nl TEAM II',N'I'I~J' M~ri~1I 1)""'1. J).M,I). A'ITORN"'''S Mi"hRCI ('nrJ'~n iinlll Nielll\I~I\ TI",N"110SrITAI. M.C'.(;, 1f"~llil~1 M.( ',n. S,..,rt" MCllidllo ('rillie iirIlUTUAI. ADVI.~()R I~tv. SI~1l I f!\II;ollb:l(;k 113 39ljd TO: FAX COVER SHEET / LJ JUJU er- L-CJVj::\- DtJDATE:;f- t.06 :L NUMBER OF PAGES MAJOR COHPORATF SPONSORS PCS Nitrogen ComclIst Molly's Bngels & Grit., Murray Biscuit Compony MC::G Spons Mediclnc MArk MAddox Cor Sol~~ Pollock CompAm' 'rhc Hollis Group (including cover sheet) o URGE.NT ~ FROM: TOM MORAETES, EXECUTIVE DIRECTOR AUOUSTA BOXING CLUB \ 1929 WaltOIl Way Augusta, Georgia 30t)04 Fax: Number: (706) 733~ II 06 Telephone Numher: (706) 733.7533 . Pager: 24(l-4555 ~'/V, ../',c/r ...- anl8 9Nlxoa IjlSn9nlj ,'- E13:S1 13I3I3G/913/t1 . i '. :. .t '. .. ", ...... " . .. _.' . '. . . : - . .: ~,,' '. Office of The Clerk of Commi~;siori': . . ~ . . , . . , , . ,~' ::: . Lena J. Bonner, CMC' , : . .:: Clerk of Commission Nancy Morawski : Deputy Clerk Room f 06 - Municipal Building 530 Greene Street.- AUGUSTA"GA. 30911 (706) 821-182C - FAX (706)821-1838 MEMORANDUM' TO: ]\tis. Donna .WiUiams, Deputy Comptroller FROM: Lena J. Bon~er, Cierk of Commission DATE: November 28, 2000 SUBJECT: ' Department of Community Affairs' Locai Assistance Grant Awards Enclosed is a check in the amount of $6,000 from the Department of Community Affairs representing final payment for FY 01 funding for the following grant recipient.. GRA_~ NUMBER o l-C-L-207 GRANT AMOUNT $6,000 :=J Thank you for your continued assistance. Enclosure: Check '. ..,..... ~ : - ..::....... , - Pago 001 OF 001 Vendor No; 0000013727 V~N~ AUGUSTA-RICHMOND COUNTY i STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS ATLANTA. GA BANK 1100-'1000 Check No; Check Date: Check To18l: 00000.30.8 11/18/2000 S6,OOO.00 INVOICE NUMBER 01-C":l-207 INVOICE DATE 11/15/2000 000018237 GROSS AMOUNT 6 . 000 ,'00 DISCOUNT 'TAKEN AMOUNT PAID 0.00 6,000.00 ~~ 4 -.or- - ..... _ ...... - - ~ - .,a.. -.. _ __ .c::_______- } .,,'., I ' .. -' :.,~ '.. ;~ .:~~. -"", ~ ....:. :~: : , , . . ~:'~~~~~~!~ .. . .:.~-::!. '.:~':~ .(:~. .:. '\ ;, .. '. of .', . ';' ~.. ~. .~ . ~.. l ~ ~. -. _" .,~. ~'''j- - . \ . ..-.-........1 . 4.~ . ._.....;~:."--.:'"-.~.,,:::. ".-,.' -\'. . ';", ," .,~' " "H .'.' .115 c:I ~ ~ ~ 0 ~O :-O~ OOOO~ c:I 0:- .lIe~ Of: ~ 00000.11 ..., , ~. )110 . '7..~' 'i'J)~ .~:~,....-~. "~:'. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR November 16, 2000 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: Enclosed is the final payment in the amount of $6,000 under Local Assistance Grant #01-C-L-207 to Augusta-Richmond County. If you have any questions, please call Amy Hill at (404) 679-3154. Sincerely, c;z. f.J~- Jim Higdon Commissioner JH/j a Enclosure EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us All Equal Opportullity Employer * Recycled Paper ", -;,' , Grant No. Ol-C-L-207 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS TIDS AGREEMENT entered into this 7th day of August 2000, by and between the Department of Community Mfairs 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 Project. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts. an amount not to exceed $24.000 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 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 the Recipient in accordance with the follOwing payment schedule: $18.000 Within ten days of the Department's receipt of the executed Agreement. $6.000 . Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $24.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. y Grant No. 01-C-L-207 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials. agents and employees of the Recipient have not violated any applicable federal. state or local conflict of interest laws. ordinances. rules or regulations. including but not limited to. O.C.G.A. 1345-10-20 through 1345-10-28 and O.C.G.A. 1336-67A(1) 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 LeI!a11v Bindinl! 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 authoIity 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. Monitorlnl! 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 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 fmdings 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 Agencv 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 !lve business days written notice to the Recipient. If at the time of termination. any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. 11. Satisfaction. In the event the Department determines. in its sole discretion. that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (iii) has acted in any way contrary to the purposes for which the grant was awarded; or (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. I' Grant No. Ol-C-L-207 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 oj LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett. the Supreme Court indicated that "religious" connotes faith in God. 153 Ga. at 433. or. as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification. and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom. practice, relationship, or behavioral pattern of importance in the life 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 requir~ment of compliance or prevent the State from asserting noncompliance. 13, Entire ~reement. This Agreement constitutes the entire agreement among, and between the parties. There are no representations. oral or otherwise. other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding. unless both parties have agreed to said modification in writing. (Executions on following page] " Grant No. Ol-C-L-207 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR TIIE RECIPIENT By: Attachments: Exhibit A. "Scope of Services" FOR TIIE DEPARTMENT OF COMMUNI1Y AFFAIRS By: Grant No. OI-C-L-207 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Richmond County to purchase equipment for Boxing Club in Richmond County. · If the preceding statement of purpose designates a pIivate program or entity for ac~omplishing its purpose. the purpose must be accomplished through a contract for services by the named pIivate entity. or the pIivate entity that conducts the named program. If the appropIiation 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 appropIiation is for a grant for renovating the facility of an histoIical society. An appropIiate implementation might be a contract for services in which the histoIical society promises that its histoIical displays will be open to the public duIing 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 histoIical 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. ;j ... ~ Office of the Mayor Bob Young, Mayor Room 806, Municipal Building 530 Greene Street, Augusta, GA 30911 (706) 821-1831 - FAX (706) 821-1838 E-mail: mayoryoung@co.richmond.ga.us July 31,2000 Honorable Jim Higdon, Commissioner Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329-2231 Dear Commissioner Higdon: Enclosed are the following completed grant application and request for final payment forms for the following organizations: Organization Grant Award Purpose Richmond Boxing Club $24,000 - application Purchase equipment Richmond Marshal's Dept. Request for final payment 00C-L-327 ~ As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Very truly yours, ~1~s May~Ol .. AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY A TIORNEY P. O. Box 2125 454 'GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: Jwall@co.richmond.ga.us LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM ANDY CHEEK RICHARD L. COLCLOUGH WILLIAM B. KUHLKE, JR. STEPHEN E. SHEPARD MARION WILLIAMS CHARLES R. OLIVER, P E, CPA Administrator WM. "WILLIE" H. MAYS, III Mayor Pro Tern MEMORANDUM To: Richmond Boxing Club From: James B. Wall Date: July 26, 2000 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing 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 fonn 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. 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 inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. I have attached two copies of the contract, 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. Office of The Clerk of Commission Lena J. Bonner, CMC Oerl< of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 July 18, 2000 Richmond Boxing Club Mr. Tom Morates, Executive Director 1929 Walton Way Augusta, Georgia 30904 Dear Mr. Morates: Enclosed is an application form from the Georgia Department of Community Affairs regarding the Local Assistance Grant from Fiscal Year 2001 State Budget, which was awarded to your agency through the efforts of our local Legislative Delegation. Please complete the highlighted areas on the form and return promptly to my attention at the following address. Also, please execute the enclosed contract between your agency and the city. Lena J. Bonner Clerk of Commission's Office Room 806 Municipal Building 530 Greene Street Augusta, Georgia 30911 Should you have any questions or need any additional information, please feel free to call. Very truly yours, 4!!; Mer, Clerk of Commission Enclosures: '_1 Office of The Clerk of CommisSio'ri .~ .'. .. -'. -.. , . "~ --::. ~ ,.: ~ . . -, ~. . Nancy Morawski Deputy Oerk ".. . - :;-..- - -:. . :-:-~. ~~,_-~:~:,~'~.~':~'\/~~:.'~",'t.r_: ....~... ;"7 . . Room 806 ~ Munidpal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAx (706) 821-1838 Lena J. Bonner, CMe Oerk of Commission ",. . ... . -".,:' ....- ..- MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: October 23,2000 SUBJECT: Department of Community Affain' Local Assistance Grant Awards . . . Enclosed is a check from the Georgia Department of Community Affairs in the amount of $19,875.00: Please issue Augusta-Richmond County checks to the' following Local Assistance. Grant recipients, which represents 75 percent of the their grant award ' ;':.:.".: l~- ~ -'T ":':\'..~:.<:"""_. :I:.:?..., . ORGANIZATION GRANT NUMBER GRANT AMOUNT Augusta Boxing Club o l-C-L-207 $18,000 Beulah Grove o l-C-L-430 $ 1,875 Resource Center, Inc. '. Please return all checks to me so that they can be fozwarded to the appropriate agency. Thank. you for your continued assistance. Enclosure: , .-agIO UU 1 llt' UU 1 VondorNo: 0000013727 . ".V~rNam.II:', ~~GUST A. -R I CHIIIOND COUNTY OEPARTNENT o.F Co.MMUNITY AFFAIRS ATLANTA, GA BANK, 110.0-10.0.0. Cleek No: ClllCk Dllt..: Check Total: 0.0.000.42133 10./18/200.0. $19,875.0.0. : ",:'r. - ".GROSS AMOUNT DISCOUNT TAKEN AMOUNT PAID :','):',INVOICE. .=:':~'t~. 'INVOICE :,." 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", ' _",.c.'" ." p..:'l'.. . .. r_..... -~..- ..... -~::o. ~...:-,_.. ..~~ ..... 1-:r :-r '.. ~... ... ~r.:~", ;77... ~t~l~~ 1': if:.';' :;;;;ii;T"~~-i;~: !. (~o- ':,.' I . <~..,' *-~'*:, 0"000642133 ,~~~ ~~tOI1a- 200O:~,;v'l\;"":"c.--:' ""~_"""",.",.,,..>.(,."_. :,".' ."''''_ ',' . .~~~~~~~;~~.~~~ft"~"'-:;'-:~"~~~~;:I~~~~~:' 1f~ ~ -'i~ii:;.. ;;i7i:i~,~j013~~7 Ii. ..':l;1l~,>:,;:~"~J, S3C. GREENE ST'ROO~ 8C~":-:j'~:~i;~;1<;-:' i.;.;:;~' ;l~.J>.~,';?"":;1'c, .l;~"" l-'~,z ~;;-:::i"> ti~ "":_,,,,,,,,,....... Offl,c1;lf ,J;;",..., '~!l>~' ." ~"., .,~- 7.:, '''''''''i.''' ~'~ ~<X' ~,. -f'i..t ':~d't::,! .....:"."= ,',,'J'.-;j"'-"'''''''~%' "-~"'>"."'-';{'.~~~~.'"':::r;",, ,': 'Ri .. ";<',.l .,...,.~. "'.L~" '):;'1 . ",. ~~r "~'~:;;;y ~.~:i~jIE~" (i~:~u;~~:' ~~~T' HU~~~~'\;JE'~t:;:'~iv; :NO"-~'~>1"CC S **..,7,,:...'......;' ;:'_:{:-,<;:~J $19.875.00 "'~~~~~~~i~[~~~[.f~;~:.;~j:::...,:;!~~ ".,~~, .~~~:~'~:. ~iJ"'.~i;t~~.;::" ~~:_ ~ -f,':."'" 3 ..k(..~.I;.:.~~ . vt:~'i'h . - ~')'lrfn1, .;;"c, . ~7">..\. 'l' ...; . ~h~ "~l" ;.l., ~ .;,....... "if - ':;' .::-\~~;.1._~~.,......,.. ..;!: ifij.. ...\... ~!. ~:;.:.~ .~.:~~~~~..~'~ .....~ ?::,t.'j;~<:'~.'.It:";'. .:,"!.: ..~".':;"i .-~:_'~ .-:~ '"t \,... ~~:-!} ~'~..; 4'"r-;\l-. ~..,.,. ',. ~;;C~!l' ~:'j"~~'),.:-o .;" .~'''.J-.,,, ":"'"j..,_...;::rH'~, 'Y:!l~t, -U'. :.-- ~'t"~. ~ tJ;'. ~1. ~ ~ ~~ ~~~.~ ::;~~, ~;~.~..:,_~.':'_...J-,.~~:.,.""~.":.',:~~~, ' .~~~:: -~~"l< ?,~~J.\ , .~)~~ r:~~ :~~ ':'~9";. ~~.n~ .J/.~.f.... ,,~ ~...~ ~.~.' >:i _ ;'~""'" J r __ , ~ .'c i~.. 1,),,,,,\ ,~,~l ,':~"'" ~"l,t . """ ..1.." ~ !~... '.;;,'::::, .. .',. .', ~.j~",h" ...~'-"l .........:.; ,'"' ..-,;.; ~~ "''i'''"':!: ~~5f# 'vt'! .-"......rl.. .....,.-.:~. . '':n:rifS\-"l.,~ .;w\.::~. rt... ~...... ~:~:J.:."~""~ '1~~' ..ot>f./.:: i:_:'~T~~ ~~..,~'~~.; ..., .' jAC,HOV IA :~IiANKr':!r' ,,"L ~~'f.: .; _:~ilir.~' ;i:.~'>n:,:;';~V 1;w. ~~~:!' J...,'i'lf.(!f!~.Mif ..;,- . ~"- p.-.' ..:.:,~:) :~~-::. ..:.>:~. '.', :_;~JJ __~.:~~~.~ '(~._., .w;~~~'~, ,I: '.;~~; :..a~~~_~~ ~~ ~J~~..~i..~~~:;:..~~<..~~r..a..... 18 ,00.0.. Co. '.. :1 .87S. Co. 0.00. a.cc 18.0.00..00. 1,875.ao .' . ~.... , ' . ~'. ., ,.; ..... ~-:' ;.:. .-;'. . . . . 11-00000... 2 . :t :tll- 1:01; .0000 .01: O? O1.? ... I; 511- .I GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 12,:WOO Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: I am pleased to adv.ise you that.$24,OOOin Local Assistance Grant funds for Richmond County has been included in the Amended Fiscal Year 2001 State Budget. A brief description of the purpose for the grant is included on the enclosed application form. To begin the paperwork necessary to receive this grant, please complete in detail the attached application form and return, it to my office. Once we have received and appI\wed the application, we will forward a contract to you. V,le are delighted to assist you with your community development acti vities. If you have questions, please contact Amy Hill at (Ll,04) 679-3.154 or Bobby Stevens at (404) 679-4943. Thank you. Sincerely, ~dJ6ckn Jim Higdon Commissioner JH: bsa Enclosure EaUAL HOUSING ~ OPPORTUNITY L.:..I 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper . . GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 12, },OOO Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: I am pleased to adv.ise you that $24,000 in Local Assistance Grant funds for Richmond County has been included in the Amended Fiscal Year 2001 State Budget. A brief description of the purpose for the grant is included on the enclosed application form. To begin the paperwork necessary to receive this grant; please complete in detail the attached application form and return, it to my office. Once we have received and approved the application, we will forward a contract to you. We are delighted to assist you with your community development acti vi lies. If you have questions, please contact Amy Hill at (LW4) 679-3.154 or Bobby Stevens at (404) 679-4943. Thank you. Sincerely, ~dj8ckn Jim Higdon Commissioner JH: bsa Enclosure EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 12,2000 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that .$24,000 in Local Assistance Grant funds for Richmond County has been included in the Amended Fiscal Year 200 I State Budget. A brief description of the purpose for the grant is included on the enclosed application form. To begin the paperwork necessary to receive this grant, please complete in detail the attached application form and return, it to my office. Once we have received and appnwed the application, we will forward a contract to you. We are delighted to assist you with your community development acti vities. If you have questions, please contact Amy Hill at (JrO~!.) 679-3154 or Bobby Stevens at (404) 679-4943. Thank you. Sincerely, gun crl8ckn Jim Higdon Commissioner JH: bsa Enclosure EaUAl HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 . (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper ~ . . Office of The Clerk of Commission Lena J.Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 July 18, 2000 Richmond Boxing Club Mr. Tom Morates, Executive Director 1929 Walton Way Augusta, Georgia 30904 Dear Mr. Morates: Enclosed is an application form from the Georgia Department of Community Affairs regarding the Local Assistance Grant from Fiscal Year 2001 State Budget, which was awarded to your agency through the efforts of our local Legislative Delegation. Please complete the highlighted areas on the form and return promptly to my attention at the following address. Also, please execute the enclosed contract between your agency and the city. Lena J. Bonner Clerk of Commission's Office Room 806 Municipal Building 530 Greene Street Augusta, Georgia 30911 Should you have any questions or need any additional information, please feel free to call. di:1Y YO:" Clerk of Commission Enclosures: ~CMt !teLl AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY ATTORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: Jwall@co.richmond.ga.us LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM ANDY CHEEK RICHARD L. COLCLOUGH WILLIAM B. KUHLKE, JR. STEPHEN E. SHEPARD MARION WILLIAMS CHARLES R. OLIVER, P E, CPA Administrator WM. "WILLIE" H. MAYS, III Mayor Pro Tern MEMORANDUM To: Richmond Boxing Club From: James B. Wall Date: July 26, 2000 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. Thl': 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. 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 inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. I have attached two copies of the contract, smce 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. August~ Boxin.g Club Page I of 1 WHIRl IT ALL, 110I1&" AUOUSTA BOXING OWl 1T1I BmlR TO IWBAT INTHI OYM TJWI lUll) IN THI 8rRI'ft8- IN1II Copyright @ 1998-2000 Augusta Boxing Club. All Rights Reserved Worldwide. http://www.augustaboxing.orgJ 7/29/00 A.Ugus~ Boxin,g Club The Augusta Recreation and Parks Department, with assistance from area law enforcement agencies, implemented the Augusta Boxing Assoclatlon/ Augusta Pollee Athletic League (P.A.L.) in an effort to curtail drug abuse and crime among young adults and children. This program uses sports, specifically boxing, as a tool to attract young people who have been given the opportunity to build self confidence, develop self discipline, learn to function as a team, develop good sportsmanship and experience the rewards of always striving to do their best. In its 20 plus year history, several hundred children and young adults have benefited from their participation in the Augusta Boxing Association. The program is preventative In nature as opposed to rehabilitative, with its participants coming from the entire Central Savanna River Area (CSRA). The majority of these children have had no prior contact with the court system. We are able to go beyond the athletic aspects of the program and provide tutoring and drug counseling, take them on field trips and require attendance at a variety of educational programs. Through the boxing tournaments, many of our participants have had the opportunity to travel extensively in the United States and abroad. Several members of our team have qualified to represent the United States Olympic Boxing Association and have competed in locations such as Russia, Germany, Sweden, Poland and England. Jacob Hudson, currently ranked # 1 In the United States, one of our participants, represented the U.s.A In the 1998 Goodwill Games In New York, New York. We are an official affiliate of USA Boxing, the Olympic Authority. We are also a Chapter Member of the National Police Athletice League. Unlike most school activities, our program operates year round. We average between 70-100 participants at all times. During our peak periods (the school year), we can http://www.augustaboxing.orglabout.htm Page I 01'2 DIRECTOR & HEAD COACH Tom Moraetes USA Boxing's National Coach of the Year 1998 OUR MISSION Enhancing the quality of life for our youth through positive activities. CONTACT INFO 1929 Walton Way Augusta, GA 30904 706.733.7533 Gym 706.733.1106 Fax abclubl@home.com The program is a 501(C) (3) tax exempt program through the Georgia Amateur Boxing Association, Inc., Atlanta, Georgia, USA. Thanks to the generosity of Dr. James O'Quinn our "home" Is officially located at 1929 Walton Way. 7/29/00 Augusta Boxing Club . . work with 200 children. The majority of these young men and women are between the ages of 8-15. ' The only charge we will ever have for our participants Is the commitment to follow a strict code of conduct! character policy which include, behavior in the gym, home, school, and community. .~' ,', ~.~. ..' WE THANK YOU All! Page 2 of2 Copyright @ 1998-2000 Augusta Boxing Club. All Rights Reserved Worldwide, http://www.augustaboxing.org/about.htm 7/29/00 Augusta Boxing Club . . Star Boxer of the Month The Star Boxer of the Month program Is a reward based system that acknowledges a boxers efforts both in the gym and at school. Recipients of the program are awarded a trophy and hls/ her name Is posted in front of the gym. The honoree is also acknowledged In the newspaper and on local TV. This Is an Intermediate Boxing Program Students of ,the Year Each year, two boxers are recognized for their academic excellence. Award and plaque recipients are honored for highest academic average and most academic improvement throughout the year. Both boxers names are distributed to all local media for recognition. Parent(s) of the Month This non-athletic recognition program awards parent (s) that best typify the club's mission: "producing world class citizens". Scholarship Program The Augusta Boxing Club awards seven financial scholarships each year to deserving members of the club. A scholarship committee reviews the applications with selection priority being educational background, and community character qualities. Financial status of boxers, parents are NOT considered In the selection process. Awards are presented to the financial institutions the boxers are enrolled in. Either college, tech school or adult education program are institutions considered for funding. 1. "Betty Friedman" Memorial Scholarship 2. "Gallagher Family" Scholarship 3. "PCS Nitrogen" Scholarship 4. "Dr. James O'Qulnn" Scholarship 5. "Dr. Joseph M. Still" Scholarship 6. "Comcast" Scholarship 7. "Marks & Morgan" Scholarship http://www.augustaboxing.org/non-program.htm Page 1 of2 U1 StaJ Boxer ; of thl! Month i:c Studl!nts of thl! YnJ 8 Parutlsl ~ of the Month ~ ScholBJsltp ~ Program ~ Medical & Health ~ ClIlles & SemlBr ~ filUlkBg1vtng Meal :z: Santa ClBus C ClJilbne GlJIs :z: Adapt-A- Class COfI1lUter Class 7/29/00 August,a Boxil}g Club Page 2 of2 Summer Learning Program Summer educational classes are available for members 10 and under. The class will be held each Wednesday from 12:00 noon until 2:00 p.m. Denise Moraetes, a Special Education Teacher at Goshen Elementary, has volunteered to direct this class. The class will involve reading assignments as well as other class type work. The participants will engage in academic field trips around Augusta. The class will receive a snack, courtesy of Arby's of Augusta. Parents should have the children at the gym shortly before 12:00 noon and pick up by 2:30 p.m. each Wednesday. Copyright ~ 1996-2000 Augusta Boxing Club. All Rights Reserved Worldwide. http://www.augustaboxing.orglnon-program.htm 7/29/00 Augusta Boxing Club . . Medical & Health Education Clinic and Seminar The Medical College of Georgia (MCG) Sports Medicine Clinic will be providing a monthly medical clinic to boxers of our club. Clinics will be held at the Augusta Boxing Club on the 1st Tuesday of each month at 5:00 p.m. Dr. Robert Gambrel will be the physician conducting the clinic. The purpose of the clinic Is for examination and diagnostic reasons for members of the club with sports! medical problems and! or injuries. Boxers needing to be seen by Dr. Gambrel must be at the club by 4:45 on the day of the clinic. In addition, the Augusta Boxing Club also coordinates quarterly educational seminars at the gym for ALL boxers. Topics range in all areas of education with a guest speaker! presenters at each session. Prior seminars have been topics such as S.T.D. (older boxers), Nutrition (younger) and Stretching (all boxers). Thanksgiving Meal The Augusta Boxing Club has for several years taken several of Its boxers to an annual feast at a nearby restaurant, T-Bones Steak House. The boxers are transported from the gym to the restaurant and back to the gym. Family members, parents, brothers, sisters are Included. Usually 30-40 persons are fed each year. Santa Claus Christmas Gifts The Augusta Boxing club with assistance from local businesses and individuals provide a Christmas gift distribution to many of its disadvantaged boxers. The Boxers are requested to present a self-written "Letter to Santa" two weeks before Christmas. Adopt A Classroom The Augusta Boxing Club makes a financial commitment to a Special Education Program to purchase classroom supplies for needy students. The Augusta Boxing Club sets a standard in the hopes that other organizations will make a similar commitment in an effort to 'adopt' a classroom. http://www.augustaboxing.org/nonyrogram2.htm Page I of2 tn StaJ Boxer ; of the Month = Students of the Year ~ Puut(s! ~ of the Month l1. U Scholars'tp E=: Program ~ Medical & H.BlIh M Cblles & Semlar ~ nanksg1vtng Heal Z 5 uta Claus o C'rIBOOas GtfIs Z AdDpt-A-ClIIss COIqRltsr Class 7/29/00 Augusta Boxing Club I' . Page 2012 Corporate sponsors of our boxing program, Marks & Morgan, PCS Nitrogen, and Comcast in addition to numerous private/ individual donors are very aware of the necessity to provide a quality education for our youth. Computer Class Thanks to the generosity of the South Carolina Department of Energy, the Augusta Boxing Club will be able to offer computer classes to its participants. The South Carolina DOE has donated 10 computers to establish our training lab. Get Together Picnic To the family, volunteers, sponsors, and friends of the Augusta Boxing Club. We Invite you to a day of fun and activities at the lake. Year 2000's Get Together Picnic will take place on Saturday, May 9 from 10:09 a.m. - 4:00 p.m. at Lake Olmstead, just behind the Julian Smith Bar-B-Q Pit, #3 Milledge Road. Note: Boxers meet at Augusta Boxing Club at 9:30 a.m. Copyright @ 1998-2000 Augusta Boxing Club, All Rights Reserved Worldwide. http://www.augustaboxing.orglnon....Program2.htm 7/29/00 Augusta Boxing Club . . How much does the program cost? Answer: Nothing. Due to the out pouring of individual and corporate support, there has never been any charges for the youth program (ages 4 - 16 years). This includes use of the gym, equipment, Instruction, uniforms, and most travel expenses. How old do you have to be to participate at the Augusta Boxing Club? Answer: Our program exists for our youth. You must be 4 - 16 years of age, at the initial time of entry into the program. If you join between these ages you will always have the full benefits of the program, regardless of how old you get. We have several youths that are 17-18, but they all started the program when they were 16 or younger. Once a participant, can I come to the gym when I want to or when it's convenient for me? Answer: No. The Augusta Boxing program Is highly structured and as a participant you must come to the program on a regular basis, at least two days a week. The Augusta Boxing Club is by no means a day care, or baby-sitting type of program. We commit to do everything in the best interest for our participants. In return, we expect the same level of commitment to our program. Do you offer anything for adults? Answer: Yes. Due to the tremendous interest of the community, we have an adult program that meets two nights and two mornings a week. The cost for this adult program is $25.00 a month. This is not a competitive program. It is only recreational. There is an element of boxing In all training, but no contact or sparring. No exceptions. Page 1 of I How lTUa:l does tt a:ost? Huw old do you have to be? Can I COlli! ud go wln I please'? AIY Wig lar tie Adul1s? How mllY skj)} levels lire llen? H IIW Iln lsbu1 my own dub? Copyright@ 1996-2000 Augusta Boxing Club. All Rights Reserved Worldwide, http://www.augustaboxing.orglfaq.htm 7/29/00 . frequently asked questions page 2 '. How many levels of participation are within the boxing program? What are they? Answer: There are 5 Levels of participation. They are described below. A) Small Fry Class Due to the increased number of youth, aged 6 and under, in the Beginner's Class, the Augusta Boxing Club has started a "Small Fry Class" for youth male and female ages 4 - 6 years. This is a non-boxing class. The emphasis is placed on physical and mental conditioning, team work, sportsmanship and how to take Instructions from club coaches. This level of participation is a feeder program into the Beginners Class or Intermediate Class when the participant turns 7 years of age. B) Beginners Class - LEVEL I The Beginners and Little Girls boxing class involves cardiovascular activities, strength building, movement education, psychological motivation and other aspects of physical training. Like the Small Fry Class, there is no actual boxing in this class. The class serves as a preparation and feeder system for the Intermediate Class which does involve actual boxing. Length of time In this class depends on each child's level of physical and mental abilities. Normally between 2-4 months before placement in the Intermediate Class. C) Intermediate Class - LEVEL II The Intermediate Class is by invitation only for those athletes, male and female, of each class that the club feels qualify for this level of performance. The purpose of this is to be able to give more one-on-one coaching time to these boxers. Boxing techniques will be initiated in this class with actu'al competition. The competition in the class Is mainly gym (sparring) and local club matches. Each athlete should expect several months In this class before moving to the Advances Class. D) Advanced Class - LEVEL III This class Is made of athletes, male and female, that http://www.augustaboxing.orglfaq2.htm Page I 01'2 How RllCk does tt cost? How old do yuu haw to be? Can I COIIII ud go Wkel I please? AIY Wig lal tie AdullB? How ItBIYSkJ)) levels ale thn? Haw IBI 1s1art my own dub? 7/29/00 . frequently asked questions page 2 . . Page 2 u1 '2 have graduated from the Beginners and Intermediate Classes. This class will participate in state, regional, and national competition. E) Elite Class - LEVEL IV This class is for athletes that have graduated from the Beginning, Intermediate, and Advanced Classes. Athletes in this class qualify for International competition Including dual matches, World Championships, Goodwill Games, or Olympic Competition. ' Copyright@ 1998-2000 Augusta Boxing Club, All Rights Reserved Worldwide, http://www.augustaboxing.org/faq2.htm 7/29/00 .. '. . Grant No. Ol-C-L-207 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 7th day of August 2000, 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. 950-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend funds for the purposes set forth herein; NOW, THEREFORE, in consideration of the mutual covenants and warranties contained herein and other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged, the parties agree and covenant as follows: 1. Scope of Project. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts. an amount not to exceed $24,000 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 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 the Recipient in accordance with the following payment schedule: $18,000 Within ten days of the Department's receipt of the executed Agreement. $6.000 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $24,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. ;. ~..' Grant No. 01-C-L-207 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials, agents and employees of the Recipient have not violated any applicable federal, state or local conflict of interest laws. ordinances. rules or regulations. including but not limited to. O.C.G.A. ~45-1O-20 through ~45-10-28 and O.C.G.A. ~36-67A(1) through 936-67A(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 Lee:ally Bindine: 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. Monitorine: and Auditing. 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 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 determines. in its sole discretion. that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (il) has failed to complete all or a portion of the actions required under the Agreement; (tii) has acted in any way contrary to the purposes for which the grant was awarded; or (tv) has violated any federal. state or local law. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. -::;:., Grant No. 01-c-L-207 Page 3 of 5 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. 1. Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City 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 Mreement. 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. Ol-C-L-207 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. Ol-C-L-207 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Richmond County to purchase equipment for Boxing Club 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 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. 11/06/2000 15:03 706-733-1106 FROM': RECREATI0NDEPARTMENT AUGUSTA BOXING CLUB PHONE NO. : 7067964099 PAGE 02 Nov. 06 2000 07:49AM Pl . "It's /'''tur en iWt!/U ill thr. (7ym. Ihdtj ((I hlrr.d in "1(. slrer.'s, " AUGUSTA BOXING CLUB Augusta/Richmond Councy Police AtWetic League . 1 ~)29 Wal roll W'J.y . Augllst:!, GeQrgia 30901 ' (706) 733.7533/GyIll/OlTict:: · (706) 733.1 I06/h\)( · l'ilgtf 210.155,') . R-IIIn;l: ahclllhl~hnmc.cojn . www.;lUgu~tah/lxing_()rg llU\l\(,"rmt 411 "'E,~O COACH . Y"llI M_tU C"I~F A~I6l'4NT el~m~ A~JSTANT TR~INKRS David ""'00 lJIjhon "U..l LJr:)' Willlcllon It.,,;., Harvitoft Di:niSi: Moracl~ ,;'(.'\: PIk-i: !).~:c Railw:y DATE: MAJOR CORPORA TEl. SPONSORS PCS Nitrogen ComQllIc Mally'S Bag~b & Grilli Muruy Bllcult ComplIoy Mea Sportl Medicine Mark Maddox Cllr SIlICSl Pollock Company The Hollis Group RICIl~IONf) (,'OUNTY SHERIPr q,.r\e& Web5lCr TO: Ringsi .( ~ Tom Moraetes FROM: REFERENCE: $24,000 Gt'ant fEMALE COACH 0tnI~ MOI:lGltf Please be advised that I have received the entire $24,000 order. The order is exactly as requested and I appreciate your assistance in this order. SCHOLARSHIP COMMITTE&: Oen~ MOlWe1 .'<>i: ROl.ll'l1 ("in' BI)I""I I am notifying the Augusta Clerk of Commission, Lena Bonner that the order has been received and I am requesting the remaining $6,000 due to llingside be mailed immediately. AC4D[MIC ADVISOR n,pil. Mo"'<:h:l Tf.4M I'IIYSICIAN$ D<,~ GilmbrclJ. M,f.). )(w:1 Ou~eaII, M.U, Jl!ll~t Wll1.~. M,P, 10"" :I>Io11l1lllQ. M.O, t'<1rl NcchpJliln, M,O, GYM MAINTBNANC& lad: NOnl:l $Ion In""" AlJGUST.... RECRE^TION A~I> PARKS Tom Beck. Dirct:l0r Rob<:rt Howard. ASliI. Din:clDr Bud. S3lcer, M2najp L~1llb Hana. Adm, A"ldlanl 11:."\1 DEl\TIST Marj,,, Our$t. C.M,!'l. ATTORNEV'S M~h..l (:..rlllOl1 S4m "'ichobo" TEAM HOSMT41. M.C,G, HOll)ilAl M,C.<I. ~poots "'oditine Clinic SPIRITUAL ADVISOR RD.. Sian Holw"""oJr. ., AUGUSTA BOXING CLUB (RACES) BLACK HISP. WHITE TOTAL 1997 1997 1997 June 42 5 26 73 July 49 5 29 83 August 67 5 41 113 September 69 5 43 117 October 75 5 45 126 November 79 5 52 136 December 82 5 53 140 1998 1998 1998 January 83 5 56 144 February 83 5 63 151 March 83 5 64 152 April 96 5 65 166 May 97 5 66 168 June 104 5 69 178 July 105 5 69 179 August 112 6 71 189 September 114 6 75 195 October 115 6 77 198 November 115 6 80 201 December 116 6 82 204 1999 1999 1999 January 121 6 85 212 February 123 7 87 217 March 125 7 88 220 April 126 7 89 222 May 127 7 92 226 June 129 7 93 229 July 131 7 96 234 August 133 7 98 238 September 133 7 102 242 October 135 7 104 246 November 136 7 105 248 December 136 7 105 248 2000 2000 2000 January 139 7 108 254 February 140 7 108 255 March 150 7 109 266 April 153 7 ' 110 270 May 157 7 110 274 June 165 7 110 282 July 171 7 112 290 ~ , AGES 3 5 6 7 8 9 10 11 12 13 14 15 16 17 AUGUSTA BOXING CLUB 07-28-00 2 4 5 19 17 19 22 15 28 29 25 29 12 14 RACES BLACKS WHITES HISP. 171 112 7 0% 59 38.6 2.4 AGES 18 19 20 21 22 23 24 25 26 28 29 30 31 32 33 11 8 4 4 4 4 4 2 2 2 1 1 1 1 1 The Augusta Boxing Club has a 17.75% increas for the year of 19991 ''I 180 160 140 120 100 80 60 40 20 .... --........ --.............. --.......... --.. -.................. --.. --.......... ..--...................... --..................................... --................-............ --........ --............. --......-... o BLACKS WHITES '. Series 1 HISP. O.3/2210P 13: 34 Ringside Inc. 9650 Dice Lane Lenexa, KS 66215 Toll Free: en 426-9484 Phone 913 888-1719 Fax 913.888.2196 \. MellSBge: '6'913 888 2198 RINGSIDE INC~~ 'f;t> ()'iJ ~ @001 WARNING; BOXING IS A CONTACT SPORT IN WHICH' VIOLENT Ill0WS ARt: DEUVERED TO HEAD At.ID ~EYI.- AND SUCH BLOWS CAN CAUSE SERIOUS INJURY. llIlS EQUlrMl:N' CAftttlOT PRO'l'ECT BOXERS FROU INJURY, Me THERE ARE NO WAI\RANTIE8 OF ANY KIND, EXPRESSED OR IMPLIED, TH^T THIS EQUIPUENT WILL PRDUCT UOXCflS FROM INJURY, THose WHO BOX ASSUME ll1E RISK AND DANGER OF INJURY AND nus EQUIPMENT CANNOT PROTECT T11EM FROM 5UCH RI5/(, COpy IMPORTANT RETURNS INFORMATION ON REVERS~ SlOE OF THIS FORM fom Jrlor-aetes Augu5ta Boxing ~lub 1929 Walton Way Augusta, BA 30904 (70&) You may also vi.sit us at ou~ w9b~it& at www.ringside.co.! Olv. i t;SJU I ::iIIIPIJ,::":1 ~ IH!/ll II D('~":llp~lt'n 1I11111I(1':( nl,:".~ Thank you for your ord~r! ,. 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Lane Lenexa, KS 66215 ioll Free: an 426-9464 Phone 913 888-1719 Fax 913 888-2198 13;34 "fi"913 888 2198 RINGSIDE INC @002 WARNING: BOXING IS A CONTAC1 SI'ORT IN WHICH VIOWT BLOWS ARE DElIVERED TO HtAD AND BODY, AND SUCH BLOWS CAN CA1JSE SERIOUS INJURY, THIS EQUIf>MENT CANNOT PROTECT llOXER6 fROM INJURY, AND THERE ARE NO W^RRANTI6S OF ANY KIND, eXPR~SSED On IMPLlEbJ THAT THIS EQUIPMENT WILL PROTECT BOXERS FROM IN URY. THOSE WHO BOX ASSU~E THE RiSk AND DANGER OF INJURY AND THIS EQUIPMENT CANNOT F'fIOTECT THEM FROM SUCH RisK. ~= COpy IMPOFrrANT RETURNS INFORMATION ON REVERSE SID~ OF TJ..//S roRM '" Tom Mora~te5 Augusta Bouing Club 1929 Walton Way Augusta, ~A 30904 " You aay also visit us at our web~ite at www.r1ngside.com! (Jly I fjlU r ShIppee I Item r. I Llt;'~(III)liC'll ' UIIIt Pn~l: I Di~r. rhank you for your order! 1 r RINGSIDE 9650 Dice Lane Lenexa. KS 66215 Quat e 16 S8f< ,1, ,., ..,.,",..,.,....~~~f.;E~g~O~ ~URNB.,U~C,~f-: .T~:i!'w~'l.\'!:~CJ. 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THIS EOUlPMl:Nl CANNar PROTECT BOXERS FROM INJURY. AND THERE ARE NO WARRANTIES OF ANY I(IND.l EXPR~SSED DR IMPLIED. THAT TtllS eQUll'Mflfl' WILL PRuTECT BOXERS FROM I~JURY. THOSE WHO BOX ASSuME THE RISK AND DANGER OF INJURY AND TIllS taUIPMENT CANNOT PROTECT THEM FROM SUl.:H RISK. ~= COpy IMPORTANT AImJANS INFORMATION ON REVERSE SIDE OF THIS FORM TQ- Moraete!:> Augu,t~ Boxing Club 1929 Walton Way Augusta. ~A 30904 Quote ( '706 ) 9~9.0 You may a16D visit us at ~u~ website at www.rings1de.co~! Dh, B/U: ~,JllppCC 11*111 0: :J~9::rlpllOfl Ulli, Plice I Oi~c I Thank you for your order! - -- .. ~ . ( 4 URP "l.A""...,:~~ ,>..",C';I,II"n.. ,,,,"I. 1.,;G -. ,'!Jr:.~,..,U'..;,.",( "^,, "'."'''''-'f'''l4. 9 r ~:...~-, ;"",q..~~.", ~i~'~ ' . 1.... "' .~'..:J:f~'l ..:AcJ:U."'li!II..r....',.. /;'~.:i~ :::'::'i~::!-:-:',i. . V:ftJ,~~~~... I, '..&ii~#j I ,~.. :~~I h:bl~~~ ~ ~... ~~~.. ?~.:.~: i ~!.... ":(. ;:;!:f;.~:;~;.~'~,;t~.~~~,.i':~: Ii:o~ n~!\-~~ .~~~tic~~". 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II.~ ....-:t.~.~~~""'r ,.')1.~~t[u:f\;t.t:.~~H(\~,iI'_.t~ Ul."I, IJ',:' .'1'';''; lffikhj~:'t ~{~.J,~~~Kt~~,:~}.;!~:,& ~1~~L,~-Jcf~J.~;~,;~:~;f::%.; l&~~I;fi ;f\1~;~M1~;';; AINGSIDE 9650 Dice Lane LenexB, KS 66215 ***************..* . *UPS SHIPPER NO.* * KS 69S-aa4 * *PKB ID352931A~* ***************** RINGSIDE 9650 Dice Lane Lene.xa, KS 66215 ********. .****** * *uPS SHl)PER NO.* * KE:i 6c:l'j-224 * *PKG ID332c:l37R * ********~****** * UPS ZNIl 5 <106> 733-7533 irtil~fltil"tIJilll ,;;,,'; ',l~ii' :~;';lt1i'1\:~^~. ,:i';.'"., ,,:,,:, .-" .:', ,-".:,-t,:';' r~;,~ *1ir~: .l!lA,; Ii J::~: --...~~~': ~'....~.: ....u.LJ.;l,..:.;..+~~~_....;. s,;.\.:..a~~ flii" :'~\~:.;!': ~ ~;:;{;::'r.:/ ;~~ ~.~~i v' .. "li.I",.;, ,,,4 ~4'L~Ji~',~~:.: To. Moraetes Augusta Boxing Club 1ge9 Walton Way Augusta, GA 30904 03/22/00 13:36 Ringside Inc. 8650 Dice Lane Lenaxa. KS 662"15 Toll Free: 877 426-9464 Phone 913 888.1719 Fax 913 888-2198 ti'913 888 2198 RINGSIDE INC @004 ~= WARNINli; BOXING 16 l CONTACT SPOI\T'IN WHICH VIOLENT BLOWS ARE DElNERED TO 11EAO AND BODY. AND SUGi BlOW$ CAN GAUSE SERIOUS INJURY. THIS EQUIPMENT CANNOT I'AOTECT BOXERS FROM INJURY AfoID THERE ARE NO WARRANTIES OF ANV KIND.!. EXPR~SSED OR IMPLIED, TliAT TI1I$ l!QUIPIAElfT WILL PRuTEeT BOXERS fRUM INJURY. ThOSE WHO 80X ASSUMe THE RISK AND ~ER OF INJURV AHD THIS EQUIPMENT r.ANNOT PROmT THEM FR(}I,I SUCH RISIC, COPY IMPORTANT RETURNS INFORMATION ON REVERSE SIDI: OF THIS FORM "\ TOil Meraetes Augusta Bo~ing Club 1929 Walton WOilY Augusta, SA 30904 -' Me9S89El: You ~$y also visit us at eU~ website ~t www.rihgs1de.cD.! r RINGSIDE 9660 Dice Lane Lenexa. KS 66215 Quote Thank you for your order! i'~lnnF.ion I Pk 6 SBG ,.,L"""""'i'\L.'."'" .s,\Je!l"(~ . Yc~~--'<-I>O"""'1U~ ~-. 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THOSE WHO BOX ASSUME THE RISK ANII PANGER OF INJURY AND THIS EQUIPMEHl CANNOT PRDrn:T l'HEM FROM SUCH RISIt IMPORTANT RETURNS INFORMATION ON REVERSE SIDe OF THIS FORM TOil Moraetes Augusta Bo~1ng Club 1929 Walton WcilY Augusta, BA ~0904 Quote You ~ay m160 visit U5 ~t our w@bsite at www.ringside.co.! Thank you for you~ o~de~! I)ly 810 SIIIIJlJI:U It~"'" L'voc"p'''''' ' IJIII! Pllo;~ ! n,,": t:xlcnsio:. I I' r RINGSIDE 9850 Dice lane Lenexa. KS 66215 1 1 3Cj9.9 S RP 1.".~.".gK. .~.,1,f,(~I,M1NG.....Gbrjy.E:a"..\-, ,-,,-"~'l'-" -~~<>'li"l '-"m'~," .,4'.9 ~ r: ~::; ..;~~~~~::J~~/ >. "\.' ~:a.~~~\iL~f~tl~P.J~O~~..:~~.,):-;~~..~,~q:'i,~';' .~( )f.~~~j.s~<:,,:V. 11 :~);iU" ~:~~i.:~ \~~t;:}" ;!{~\~.:j: di.,\,r .~:.~ . . 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'~L~r""ii>EL -"''-';G~[r:;'.'" lCJ 9 6 lill~t~~~t~I~~;~:~~'~ :~~i~l~ . 0- Er.lcn~IUll i Pk &.~7.9 ..*...**********~,* *UPS SHIPPER NO.* * KS' 695-224 * *PKG ID352937A__* ***************** RINGSIDE 9650 Dice Lane Lenexa, KS 66215 r RINGSIDE 9650 Dice Ulna Lenexa. KS 66215 Quot@ *UJ>S SHII '~I:::R NO. * * K8 6~: :-C::C::lf * *PKB ID3: i2937A ********~ .****** UPS ZN.:5 (70&> 733-7533 ~~lriJ[k~~i~i~{~0Ji[1iJ~:0ti 1I~\'''t'!ffi'''~ ~l\",."t'i"".\.'" ...,;,}) Lf',"l;.r:~C.'.~I,(,;} ""'f,'. ;tl,~J$i~~1H~J~ri'~;!\l'~~;!!~iJ t[.;~J..!~a~f[J:iW!:II' O:;}:;i~I:i!";\;;\NtV.wjEl1i~1.m!jl,iM(it~I'ii Uff.l~ ..I.,llU\_~c.ta h.)~ ..' ...\j.:('ti......u:::iJ.U::lal:tlcWJ.t.utHc~T: To. MOroil&t&G I Augusta BONing Club I 1929 Wa.lton Way AuguGta, SA 30904 0~i~rlll '.'f;;i'lil;~jJr:iliJ< '''Jri.d;:'1~~.'4 '1l~71' '{.~ ~:!tl~irr.1 ~ /::t !. ,;t.l:f"I,I;j'tll,;UiH i';:':r~'13l.,:_R\I:~1~:\~ : '1~''''1''~ " , ''', ' "n ',,.,;:!ltM.. !' ": ~:' I... . ,it ,.j ..l ~,"JJ 03/22/00 Ringside Inc. 9650 Dice Lane Lene)(a, K$ 66215 Toll Free: 877 426.9464 Phone 913 888-1719 F~ 913 B88-2198 Message: 13:38 ti'913 888 2198 @008 RINGS IDE INC WARNING: BOXING IS A CONTACT SPORT IN,WHICtl VIOLENr' BLOWS ARP. ORIVERED TO HEAD AND BOD..YLAND SUCH BLOWS CAN cAUSE $l:RIOUS INJURY. THIS EOUIPL11:NT CAt/Nor PAcmcT BOX~RS FROM INJUR'l AND THERE ,lflE NO W,lRR~TIES OF ANY KINDil eXPflESSE~,OR IMPLIED. THAT THIS EQUIPMENT WILL PR TEOT BOXERS FROU INJURY. THOSE WHO BOX ASSUME THE RI8K AND DANGER Of IWURY AND THIS EQUIPMENT CANNOT PROfECT THEM FROM SUCH RISK. ~. 0:S12~1 0 35f!9~7A COpy IMPORTANT RF.TVRNS INmAMATIDN ON REVERSE SIDP. OF THIS FORM --.. .rOIl Moraet es Augu6ta &oxing Club 1929 Walton Way Augu6~a, GA 30904 (. b Quote ( FUNGSIDE 9850 DIce Lane Lanexa, KS 66215 You may also v1s1t us at our ~8b~it@ at www.r1ngs1de.c08l rhank you for your order! 01.,.. l:i.U' Snlpp::; 11em ~ D~Scrlptlcn I I.Jliil PII":'L: I Dilit . b DGAP,..,M",,:~, _"ii,NEW~'LE:~;r:I' ~'R._MED'f,.,m=:LUXE,."BRCI -" ."<f.- .,' 19. 9 .1..,... J::-.~,~It:2'= r '''J,'''!~., ".:I1~""'i'- ":7f,j. ~~~~r~lf:i.~~14~~~tr;,~m-fifPC;II:,..tt'''~''''-\l~' .,...tt{.~ f1.t:-;.........;hoV"\1 i.~-;i:~~~.~:::iP.p~. ;'rl~~:,- , ,il~~~. '. ~ ~. ~ID ftoit~~J 6c:n~~rP;!:j::.:..~r~.~.,: ;.?:~..t!.,'i.1) f.';:~.~:~.;rlflriri ';f,'''!''''" ,,!J.-b ,-:~j1,.,. .,~.,,~. ';,. <," JiW'" ,qt;;~.~ ~l~t"",,-'t~f"), ,~:.\,:?<~~,:: ,..,.-.', ,~d1 6 DGAP;'J- t::::\~ N~W ~~At~f( V~.rfG~ ~Ll;f!1::: G~~i; N :~?\\1~. C) \? 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KS &95-224 ~ *PKG l0352937A__* ***************** RINGSIDE 9650 Dice Lane Lenaxa, KS 66215 ********.****** * *UP$ SHI~PcR NO. * * KS 6~~-~~4 * *PKG ID3~2937A * ********1****** UPS ZN: 5 (70€d 733-7533 TOIll Moraetes Rugusta.Box1ng Club 1929 Walton Way Augusta,' GA 30~04 03/22/00 .. Ringside Inc. 9650 Dice Lana Lenelt8. KS 66215 Toll Free: an 426-9464 phone 913 888.1719 Fax 913888-2198 13:39 ti'913 888 2198 @009 RINGSIDE INC WARNING: BOXING IS A CONTACT SPORT IN WHICH VIDLEPlT BLOWS ARE DELIVERED TO HW PJ.ID BODY, AND SUCH BLOWS CfIN CAUSE 5~RJnU~ IILIUAV. THIS iOUIPMEIlT CAIlNtlT MOTI!CT BOXERS fRDM INJURY AND THERE ARE NO WARftANTl~ OF ANY KINDi:l EXPRESSED OR IMPLIED. THAT THIS EQUIPMENT WI~1. PR TEeT 80XER6 FROM INJURY. THOSE WHD 80X ASSUME THE RISK AND DANGER OF INJURY AND THIS EQUIPMENT CANNOT PRDTECT THEM fROM SUCH RISK. ~'~5~937A COpy IMPORTANT RET1.1RNS INFORMATION ON REVERSE SIDt OF THIS FORM , rD. Moriletes Augusta Bo~ing Club 1929 Walton Way Augusta, 6A 30904 Messaga: ./ You .ay alao visit us at our website at www.ringaide.coM! Thank you for your orde~! ( RINGSIDE 9650.0ice Lane , Lenexa, KS 66216 QuotE! ~).t~nr.lf')n I Pk TF<PNF.,.,.,:)(,l:;;::<, '''''':~'1',::ldlRGE';r . ;.d;OUk"~~e,I.hI:l:NaC. H;.'il"<,,,".,,:~4. 9 ~ r;,:.:~~:r~~,.'t~~!1 }~\~'[~i~~?'1.-~f.~).~~;';R:f.i~j :~J~,t~r:7~~~l~f~t;:t.-'t~':,:,ja:~i..:.r-::;1:"!;-,:,;, ~,~.~.. ,;~~~ .~~f" .~;, ~i~tJt:~H~f ~;:~ ~, ..."J :"!'~'.~~rq,~...., .I''''~' .'"".9' "lr>~.~ ,..'., '1 II) "/~ I';. '~..c~;o.~~~'C.~,.Ir'~.~,:n"C,""~I; ,_.a.f,~:,;1,t: ;1~, . ..~.:. , .'..;.~. ',;1, .. H,,;-I";'-' ...l-~.'olI. ...p.:'.....,..-; .'..;,:t;~/'" ,- jm'r.!~ 'r\~...~.-,......... 1:~)~~: ',t.'" ~.. ........, ,,'( ;, ".1 4 FNf-' ~g; W,i: F:gMA~E tlic( F-'out~tmo'fE:CTbR · ,. L ::'ir1a2. Cj :~:':(; ';.~1 ~,g' .3~; ~~,~' ':r' ~.;~;: ".,), ';:~ 'f:;.~ '. ;~::.': 4 FNF .;~. :.:~".' 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IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM fall Moriiet es Augusta Bo~ing Club 1929 Walton Way Augusta, GA ~0904 -. You ~av also visit us at our web~ite at www.ring~ide-com! (1:\' 'l3fO! ~~nlfJf1l.tl : Itol'm jl: U('Bcnpllcn I Unit ~ru".j:) . DI~C : Thank you for your ord~r! r RIN~SIDE 9650 Dice lane Lenexa. KS 66215 1 3 f-.CG :~,;",;,._.,:"", .,,,;,f.<J;,~l,..s;",,gl;i~:~BD:r;~l:qM;,;'p'~~'"T""" "'~"""'J"I"-' a5. CJ ", " "'1 ,,"i.~~:..4~.!) ~'j'~~'O-!~'''~' l~~"t~t-~~!it""I,J.;'~:-:':-\..1~i~!t~mm~1:n~4jtf~I"~J.'~\t~ ~~L;f..(~~'- ,"\i ,llr"I\li,.:"i" ~,'t.i":I~~~,.> ~~ n.~: '.~~~:':~1+~:lJ.: "~ f1.J.,)lfj~.' ~1,l?~ .a...:.~~:.:t~...;~.:.~kl.,.:t 1.1.:',....~.I~i,"!!~~:~:r;il;f."-~ll !i.~:i'~"4~)' ~;j. i~B'J'.1n(:;';.L.; J FCC; ;;ai.-'..' '.',1: ;Vr".~~E-.e:~8i:-l,~[JT~ifi~:o14r~.3~!fM\ lb<. ."...,:Yi' ':.L; Cj ",' ''',: ~;." ': ':~ ".;',:. .'~. . . :' ... I;;.w.. ~,i~~. ~;::.. al~Zt:: 1~13 t~.:~ ....~. 'i'~~! ..,.~ :;,:: ~:~: 1::~:: ~~~:.~' 3 FCG ;'er ,. 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B- Quote **************~* *UPS SHIPPER NO.* * KS &95-224 * *PK8 tP352937A__* ***************** ********~****** * *UPS SHU 'PER NO. * * KS b9~'-~e4 *PKG ID3:i2937A ***4-****~****** RINGSIDE 9650 Dice Lane Lenex9, KS 66215 UPS ZN.:5 (706) 733-7533 To. Moraetes Augusta Boxing Club 19~~ Walton Way Augusta, GA 30904 03/22/00 Ringside Inc. 9650 Dice Lane Lenaxa, KS 66215 Toll F(ee: 877 426-9464 Phone 913 888-1719 F~x 913 888-2198 13:40 ti'913 888 2198 RINGSIDE INC @Oll ""_08: WARHINCi; BOXING IS A CONTACT SPORT IN WHIOH VIOLENT 8lOW8 ARE DELIVERED TO H~D AND BO~r.. AND SUCH BLOWS CAN CAUSE SERIOUS INJURY. THIS eoUIPMt:I'Il CANNar PROTeCT BOXERS ~ROM INJUR'l AHD THERE ARE NO WARRANTIES OF ANY KIND. EXPRESSED OR I~PUED. THAT THIS eOUlPMENl" WilL PRone)' BOXERS FROl.1 INJURV. THOSE WHO BOX ASSUME THE RISK AND DANGER OF INJURY AND THIS F.OUIPUliNl' CANNOT PROT~CT n1EM FROM SUCH RISI<. ~ COpy IMPORTANT RFrURNS INFORMATION ON F1EVERSE SIDIi OF THIS FORM TOlD Mora~tlillit Augulitta Bo~ing Club 1ge9 Walton Way Augueta1 GA 30904 Quote (--' RINGSIDE 9650 Dice LanEl Lenexa. KS 66215 You .ay also v.iait U6 at our web9ite at www.~ingside.~oml rJI,' ; B:D 5",;,>~""'1' h~m" n(,;:.r'lnIIO~ ; UIIII PI"." [) ~c' Thank you for your order! 6 J R1 .f.':';';~'"'~I-',""r"J!fr~i;!""?t."t.~r"::AlJtrJ~!'ir(<~~ll~'i,~;ri'i'iS',~~', ~llr/~tJyI'i! 1'im;;::wm,~ 1 a. 9 JRB :-ilq r.r..~::.{.~~- ~~;~~~;~lJ.t~..t~;r''''~:..a'~i~>;(.::~\:~.~:fio~~e~:~:l~'~i'~~~~~,,:~!.' \.l.,"j"i::'{tq. ~;;,,'z.r.t/..("~1::t~ 12 ~ :;i:.~r'-~tinVr:'~:~ .i~;f~&g;~I.C.'~:.~F~."':h~~~.'~~l~~'ttri~'.i!1!J~f~7[Jll i.~t~;;~;;~~M .}f:..'lf:lLn.~7 - 7 J'R9 ,':'. "':, ~!J:./2':~fq :h-'1UMP 'RaPE ~"'i, "J,t.~,~, h~, 12 9 ~j~:~: '~~,' I.;.:.~ ",: ':.,': .:: 1-.,., .::... 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"c.! ."..' ~'..I .,1,!i#!I- ,.,.1/1" ~J.~ir~~t;f~i~~:~~Ri~{!lfi.t[~J~,llij~~1fBmr~~:\t.;;1~J~ !,J;., ~':-.' .: p....r~~..~.~; ....i ~.......II.I~ftr::.: J\i;t',;~l ~';":! ~l ~t{,I'l-.r."'J:~'~,: !~ :ft '..:,;"li:':: i~ ;,:;~ !l1-:< ,~,I tJ.~.~ri:!ilt\~~,~":JlrjU.';:':I" J~: ;~i'" .'; !,d;'~fjl' .:t it ;'J.:;r ~~ l~:~tI.I.;r.:1j i!'~J.k ~~~.IJfk'~~~I~!~':~t-:,;tr...~i'~~~t.l TOil Moraete5 Augusta Boxing Club 1929 Walton Way Augusta, SA 30904 I. i ~:i~;{g;}~~!.)1i~~ ~"":;l:il,il,./.\ "m :m;ji@;!: "'it.;..t...J~1 .lll;;~n; '...... I""'~rh, 4':'>.. .h...'L'.....,-: i~~~~~:i~t'~lf :.~(~L;!~ i;l;~;i';:ji,'iitinif/, !~lli:iInil1ifr~ 03/22/00 Ringside Inc. 9650 Dice Lane Lenexa, KS 66215 Toll Free: 677 426-9464 Phone 913 888.1719 Fax 913 666.2198 13: 41 ti'913 888 2198 RINGSIDE INC @012 WARNING; aOXINe IS A CONTACT 8PORT IN WHICH VIOLENT 8LOWS ^RE oeuVEREO TO HEAD AND BOOY,-AND SUCH llLOWS CAN GAUSE SERIOU6 INJURY. THIS EOIJIPMEN I CANNOT PROTECT BOXERS FROM INJURY. AND THERE.ARE NO WARRANTIES Of ANV KltJD. EXPRESSED OfllMPLlED, THAT THIS EQUIPMENT WILL PROTECT BOXERS FROM INJURV. THOSE WHO !lOX ASSlIIJ'e THE RISK ANU ilANllEA Of INJURY AND THIS EOUIPlAENT CANNOT PROTECT THEM mOM SUCH RISK. ~'~52937A COpy fOBl Moraetes Augusta Boxing Club 1929 Walton Way Augusta, SA 30904 ( RINGSIDE 9650 Dice lane Lenexa. KS 66215 Quot e IMPORTANT RETURNS INFORMATION ON REVERSE SID5 OF THIS FORM You ~ay also visit us at our w@bsite at www.~ing5ide.com! Oly ; B:U : sl)lp~eLl 11cm =: Description . Unit Price 'DIsc Thank y~u fQr your ord&~! 3 LSB$..!~1'lh,,)~,~ :":: ""'f!1~,I)UM.1,.~a.14;:XJi.~~~filG.,.~L;.qp.Qfi;; ~'~:,~,~""'''';; ~. S -h:I~.~ I,ll'':' ,!.'~ ,::',\f,~'q~,:~l\:~t+Ji-..ti11}~:}".~.",\-"t'~'''~'''~-'~I'~~~n.iliG~-t;"~~"~I..ft1. 711"IIJ..t~_ T,' t;'? :~~,..,< ~\ ~-:' Ll3BJ:lI:i\'I1;r'i.~;',~,L:rt.::,..,<~aRGE,iJ:~"E~:;f;;Sn:JM''1~ t nne ";'c,(.';~'~J"~ ~. 8 ....l.~.~ ..,,1""'(.1'1 1..~lt~.-_..._-J~,l~?f.~\,..:~~. 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'on 04"- ,.;Jj r~n'";.rF"r' ~:.~ 9.:I"1~f:i$-l:P'~~~,]~""'- .,;.....,). .~ .. ....r-./Jl..~l)...r ti~)?H ;~,U'!~~':~~li;[fC,',: ~ ~L:f;k,::~ttt::~2~~~, f:~;~:#~H~~; 3~~J ~ S:,;;~#~;J> MlllWlga: ***************** *UPS SHIPPER NO. * * KS &95-224 * *PKG ID35Z937A__* ***************** E xlen~lon : Pk 22.9 199.9 19Cj.~ 159.9 59.'; 104.9 RINGSIDE 9650 Dice Lane Lenaxa, KS 1i€l215 *********t***** * *UP$ ~HIP~~R NO.* * K& 6~5-~e4 * *PKS ID35~937A *********:f***** UPS ZN: 5 (706) 733-7533 TOil MOY'aete6 Augusta Boxing Club 1929 Walton Way Augusta, GA 30904 03/22/00 Ring;ide Inc,' 9650 Dice Lane Lenexa, KS 88215 Toll Free: 877 426-9464 Phone 913 888-1719 Fax 913 e8a.2198 13: 42 ti'913 888 2198 @013 RINGSIDE INC WARNINCI BOXING IS A CONTACT SPORT IN WHICH VIOLENT BLOWS ARE DEUVEflEn TO HEAD AND BODY. AND SUCH BLOWS CAN CAUSE SfRIOUS INJURY. TH1B EQUIPMENT CNmOT PROTECT BOXERS FROM INJURY AND THERE ARC NO WARRAfHlEB OF ANY KIND..! I:XI'RESti~i\ OR IMPlIEDJ THAT THIS EQUIPMENT WILL pAurECT BOXERS FROM IN URY. TI10SE WHO BOX ASSUME 'mE RISK AND OANGER OF INJURY AND THIS EQUIPMENT CANNO"( pAllrrcT THEM FROM SUCH RISK, ~ COpy IMPORTANT R€TtIANS INrnFlAJATlQN ON REVERSE SIDE OF THIS FORM M~~; TOil Moraetes Augusta Bo~1ng Club 192~ Walton Way Augusta. GA 3e9~4 You .ay also visit us at our website at www.~in9sid@.c~m! rhan~ you ~O~ your ord~r! ':lly ! 1:\;0 ,Sh'I">Pd.l l1~m ~ OI!~.:"plIOI1 : U,l.I ?nce : O,~C I 1 ( RINGSIDE 9650 0100 lane Lenexa, KS 66215 Quote EX~CI,~i,=ln I p;, It CSP :," r )ji.:;;:'~'~~Z ,'~~~~~tt~~tf:'j !~il~fifr,!'~@r~~i;t"a~ !'f;~iHn~ p;rU~B@j;8c:,. 9 b rs : ~',' ~";.\',~(, "'~n<';::.t;~'t:~. 'm: .',~t$ANu.fJUI36j;'<;,~a'RS;c;""l;l':. "~,;,,,':~;'~~r!' 4 9 1::' ABL '~:~(-"""'I"~:W.'~oGkN~frsf. 'iFi!8W" "t" ~1i- ';\;;;~~)r"':""\'Y;10. 10) I,B f<:j ~~j l~~ ~~G~{ _ :.~'/di:~'_ wdf; ;;j~: ~);~: ;:,j:N~: it 4 SPO ;:.i;' ;:,~ :;',:1 l!R~INt;;R~. 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UPS ZN~ 6 (70&) 733-7533 TOIII Moraetes Augusta Bo~ing Club 192~ Walton Way Augusta, GA 30904 13:42 ti'913 888 2198 @014 03/22/00 RIngside Inc;. 9650 Dice Lane Lenexa. KS 66215 Toll Free: 877 426-9464 Phone 913 888-1719 Fax 913 866-2188 Meeea9E': RINGSIDE INC WARNING: 80XING IS A CONTACT SPORT IN WHICH VI01.ENT F.ILOWS ARE OELlVERED TO HEAD ANIl BODY, AND SUCH BLOWS CAN OAUSE 6ERIOU6 INJURY, TIllS EQUIPPoWIT CANNOT PROTECT BOXERS FROM INJURY ANO THERE ARE NO WARftANTlES OF ANY KIND. eXPflESSEn OR IMPLIED. THAT THIS EQUIPMENT WILL pnOTECT BOXERS FROM INJURY. THOSE WHO BOX ASSUMe THE RISK AND DANIlER OF INJURY AND TIllS EQUIPMENT CANNOT PROTECT THEM FROM SUCH RISK. ~ COpy IMPORTANT R/ETlJRNS INFORMATION ON RI:VERSE SIDF OF THIS FORM "" TOIII Moraete!it Augusta Boxing Club lc:tE:~ Walton Way Augu~ta, GA 30904 RINGSIDe 9650 Dice lane Lanexa, K$ 66215 Quote ./ You may also visit us at our web.1te at www.ringside.com! '::"y 1 BIO Shl;J;Jcc! 111.'1" /, I DC,C/;flliOn I U'"1 Pill'" '0"..': Th.nk you for your o~de~! I I I I I i I I b ELBIN.- .,'"/,'" ,.._E::I I':IU';t~~ =""'"''''0'''''"''' -"'~I.":t.,," ""un,,,:,.. '. ."",.,24.9 ,or,' . '~i,~r', ...., ....,.~'~~):'...:~~~'~.. :-".I"~l ~ .'!3";-~l"~;t>"ti.;'~~,:st'\-'''~!''':. 1~",.I,:.,4r~~,~~' & ."1.'l; ~ J~~'-:hl.~r'.", r:, L PPO..."."" '1-'..' '''.,'1''1 .iJi~ , " mkl"";o., .,P\' .., "I .' '.~"l-'r.,.,,,_ .'.'. 10 0 D ~~::::I;"r:i.!~~~' ;~~fti~~:.:...W.c'.1 in.: ~1l_9j:((:...;1;: f~~~~r.i.;r~>'t~!t-;~;~~~~~~; ~'~y~~~~ ~Hj::~1.=;.:'~;,t~(: ;J.;/ b FSTF"f . ~},,: Ft;\ST"~'FEE:-~;' .'''~/.~ ;.)1'::"'~ ";'r;;r~ ~'.-:::-1 Cj. 9 4 P8WB ::,M ;;:, P.f.lO Sj..cAOOW oBO;XEH. 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'I HA~ '.i Wf::.IGHr8i,";1,;'~ :."':,:,~,;~.:, ';-".,--.~rl';, 14. ~ . ~liii~;r:;;~ii:f~;~~;;~It~!~~1;'~; ~;;i{i\~~I~! o o 0- o ***************~* *UPS SHIPPER NO.* * K8 695-224 * *PKB ID352937A__* ***************** a..._ ********~~***** * *UPS SHI~~ER NO.* * KB &~~-224 * *PKG ID3E~~37A * ********....***** RINGsiDE 9650 Dice Lane Lenexa, KS 66215 UPS Z~h 5 <701>) 733-7533 To. Moraetes Augusta Boxing Club 1~2c:t Walton Way Augusta, GA 30'04 03/22/00 . Ringside Inc. 9650 Dioe Lane Lenexa, KS 66216 Toll Free: 877 426-9464 Phone 913888-1719 fax 913 888-2196 MEISS8ge: 13;43 'Zi'913 888 2198 @015 (" RINGSIDE 9650 Dice Lane Lenexa, KS 66215 RINGSIDE INC WARNING, BOXING IS A CONTACT SI'OR1' IN WHIOH VIOUNl" BLOWS ARE DfLI~RfD TO HE.AD AND BODY. AND SUCH BLOWS CAN CAUSE SERlOUlIINJURY. THill eOUIPMEHT CANNOT PROTECT BOXERS fROM INJURY, AND lllERE ARE NO WARRANTIES OF ANY KIND..! ~Xf'llfSSED OR IMrLIEO, l'HA"fItlI:l fQUIf'MfNT WILL PRuTEtT BOXERS FROM INJURY. TII08E WHO BOX ASSUME THE RISK AND DANGER OF Ir.LJURY AND THIS EQUIPMENT CANNOT PROTECT THEM FROM SUCH RISK. ~= COpy IMPORTANT RETURNS INFORMATION ON REVERSE SlOt:.. OF THIS FORM "' Tom Moraetes Augusta Boxing Club 1929 Walton Way Augusta, GA 30~04 Quote .-I c)99.0 You may also visit us at our website at www.ring&ide.com! rhank you for yoUr order! 0- 89.9 To. Moraetes Augusta Boxing Club 1t;129 W.Hon Way Augu~t_, SA 30904 b EHW :"~':-r'~';:7~~" "(lrF-:I)-IEi~f~,. . ~~, fi;~~',:/;}~.fl;;,~trEearl[t1~~:!! fj;r:'i~j (. WDV "~S/M "'tf;;~ ~JM ~EI ,i-E;:D ,,&1' ~l~: "". 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',.",: I,'" .!r.~ f:~~:' ;',I.;:j: 1f1tNa:iJleti~4i-~~~~~~jevr~;iw,)i~;. ::{;:::I ;;~~~ SM ;::,:" ,,: '.::"~~oj!~'f.iA~M'A'~~l)'-IT~~~~.'('.":I:P'::r"'," !'::~:H: ~;;:fj,;,~: ',i:~/~~2o. 9 2 >'",-'. .-~ .....'..,:~1V -~';;If'J-~-::f.t:"'In: .n ~11E:~ ;/. :I!II%:.'f' fl . ~ '.'1 :.;..:-'.l.f.!'~:' r~it:-:~~',;l; r.,,:'::~:"''''''''~l.ft;lr ~. . ~1~t~~1~~lil~t~l;~~g~~~i~~~,~;~~~ ~~~~~~~i :20<:1.9 0- r:.74.'3 2ti<:l.9 **************;}. *UPS SHIPPER NO. * * KS 69~-ee~ * *PKG IDJ5a~37A__* ~**************** RINGSIDE 9650 Dice Lane Lenexa, KS G6215 ********~~***** * ~UPS SHIF~cR NO.* * K~ 690-224 * *PKG ID3~2937A * **~*****~~***** * UPS 2N: 5 (70b) 733-7533 ~~~jltij~f~~it~l~fw .~, .". ...1, I:l=,~,:"/"."":,,.,!'."L Iqr:/~.r+.~. :~ti~~~)11~j):~:~~~{~~1W~lI\I~~~:f:r-Bfm;!i ,,','l..~ .'~'T' "I. .1.!t....~--;."",.....'i.,'j1ll :I~~..~f..:f~....~~rl. :." . i.r:~..::~:".Q:~'~,r'" ':~ ....~..... . $ ~t[:t;c'.? .diillll~:YJ~f.~~;~:!H!,'J~ Ii~)J.~~Jffr~~ ,~ ';......U'-'I>l'.. :~~{;J:i1:d~~;w ,I", (''''j'if!.:f ii;;n;::;l~mf{~ ,v. ~'"1 ll).(".,.,',,-,''''ii/t.....~ tt~rrt~~~t~~~~~~. ~'" '...) ...."r':;;'.'~~lf.il'" n'~l;'dl,~e~~f~lh ' .t;I,~"~I.l!l~Immli! .' 03/22/00 13:44 '0'913 888 2198 @016 RINGSIDE INC . Ringside Inc. 9650 Dice Lane Lenex8, KG 66215 Toll Free: 877 426.9464 Phol'le 913 888-1719 Fax 913 888-2196 Me3SlIga: WARNINC: BOXING IS A CONTACT SPORT IN WHICH VIOI..ENT BLOWS ARE OWVEIlED TO HEAD ~D IlOl?X/..-ANO SUCH BLOWS CAN CAUSe StlllOUS INJURY. THIS EQUlPUl:l'41 CANNOT PROTfCT BOXERS FROM INJURY. AND THERE ARE NO WAFlIlAHTIEB OF ANY KIND.! EXPRESSED OR IMPLIED, THAT THIS EQlIIP~ENT WILL PRuTECT BOXERS FROM INJURY, THOSE WHO BOX ASSUME THE RISK ANO DANGER OF INJURY AND nilS EQUIPMENT CANNOT PROTeCT TlifM fROM SUCH RISK. ~. CIJPY IMPORTANT RETURNS INFORMATION ON REVERSE SIDE OF THIS FORM T Cl m MCll".;;Il~t 9!> August_ Bo~ing Club 1929 Walton Way Augusta, GA 30904 You may al~D vi~it us at our web5ite at www.ringsid9.cem! fhank you fo\'" you)" order! 01" : BIO I Slll~HJI:d 1t"1ll ,'I ~ Dt.:.:ll.:";Jl,~"" Und rrl:':~ .01:)4,."1 r. RINGSIDE 9650 Dice lane Lenex8, KS 66215 E ...t("n-:.:(q~ PI 1 "t.' "l)''''''"l "., i' e.~.1 t!I,J;Eft.'lAL."~~~~~"..,,c.I""""'" "-'~'> ',.'21",. 'I'~~'f.'~l,,> ""',',~;"!':.v",J; 1 9 . q '\"~ :.~:" ;':'~:ii:1..ff }~.~fijVb~:~~~if~~~~it'~~1~~:t'2. ~!f.';~1f~~K!;r~~rn~!~..~~~'~~~ ~.~!:~~'1~~;:i'~:. ~~i~r:~~~'I'I'::';:r: w4 ... ;~~(;~j:~~'l;r,~ '~?::' ~ :4~';"~~~:.~"'f ,.:~.~~~~~..t.~r,': ""r1H;.r~~I~~.:.~~~: l~~~~;:~~':~t.~i~,B"(: ~!Ut~E~~' :.!,~~ \;.~~ ~'; t :'j \.;I . 7 I;'~~F ';:1,:; F!i.EE::~f<I~' eQN'a.-\:'&AC':;:~;WI:9I'UNGi~i'!~~'~!" 0.0 ';~; G,-9.NG )pap'~R..I~ ...t)~; !i:" !i~., ~~(i '~.i ' '.:': b IGT ::~'4 ", ,/ ltiJ,TE::~NAT;ICI~Ali;..;;lRA~~~~:IN~: GIl.QV~ "t/9 9 ,:l,~,:.,;>,o;' ,,, V' .8)litJ.: t ~':J. ;'iil. I;~: LA<rt- iliAp' J:i. p.: " IOn'd'" 1; ,fll~~~R~Ai!~o~L. ilrRAi1hNii &Ilbv&' .;6't,~,:!~,;,~.:,i.','.:.,;.:,:.~~: ~ (tt , \ f\i,.~.j ~uE:f~ - ~ a~. ;j~":~jlA~ ~p ~'P_~: ,i:N,~~J~; , b lGT i%~;~ . :;: '?:f. Ir:r~~~~!l~re~~~1lli~~A~~N~ ~LClVj~( '- '; S;r~;j~9. 9 "0. .., ,.' ,." B'UUE", i><"'I'];A\-Jlli:Z'""...",~~~:,.IIP- P 1~ ~,!. ..' '..~oI.=. :,:~ .:-~ ;::>"','.i:I..~II~ t: .;.a!o:'.~"':I.u'~.J/,..;.I,~~"'~I~I~ :~.:t'~"t_ I;'\':""\~; r,."...1 4 RED~~ ,~~:~,):Air~~E;y.~~> op'O,(jg(~;/~b(b;:o.. 't;\.~'::;fA):;~ ~f~N.::,~~.,,: ,.,,,.i.::~'(~4. iii :~~lil'~~~~~~~;~~l~~;~~r~i~~iii"Jli~~~ BALANCE 23~50.0 349.8 i231i11i1~.a c3~99.e 121- III 0- 1ll1. l1 54.g 0.0 1 IT 1 RG 1 FcG 359.9 0- 359.~ 0- .3b<:f.<:f ~5c:,.9 0- **************~* *UPS SHIPPER NO.':* * KS 6~5-~~4 * *PKB ID352937A * ***************** RINGSIDE 9650 Dice Lane Lenexa, K868215 ********i****** * *UPS SHI~P~R NO. * * KS 6~~-2~4 * *PKG ID3~ ;2937A ********..****** Quote UPS 2ND ~ <70&) 733-7533 Tell Moraetes Augus~a Boxing Club 1929 Walton Way Auguata, GA 30904 11/02,2000 .11:06 706-733-1106 AUGUSTA BOXING CLUB RINGS liTHE BES 9650 0 LENEXA,K E INC.. BOXING" LANE 6215-1152 \ October 31, 2000 Mr. Tom Moraetes, Director Augusta Boxing Club 1929 Walton Way Augusta, GA 30904 Dear Mr. Moraetes: Please be advised that we are in receipt of the $18)000 check as partial payment of the, $24,000 equipment order. The entire order will be shipped to you immediately. Upon your receiving this equipment and confirming the contents and quality) we will expect a check fot: the balance of the $24,000. Thank you very much for your business. Sincerely, aL~ qabn Brown President Ringside PAGE 02 .~ STATE OF GEORGIA GRANT CERTIFICATION FORM As required by House Bill 1364 of the 1998 Session of the General Assembly, each grant of state funds to a local government from the governor's emergency fund or from a special project appropriation shall be conditioned upon the receipt by the state auditor of a properly completed grant certification form. One Grant Certification Form should be prepared for each grant awarded to the local government The Grant Certification Form(s) should be submitted to the State Auditor with one cPpy of the annual audit report. Questions concerning the preparation and submission of this form should be referred to Local Government Audit Section of the Georgia Department of Audits and Accounts. Instructions for Completion 1. Complete lines A through K on page 2 of this form. Please note that one form should be used for ~ grant from the governor's emergency fund or from a special project appropriation. 2. The appropriate officials should sign and date the section entitled "Certification of Local Government Officials." 3. Attach Independent Accountant's Report. 4. Mail the Grant Certification Form (including Independent Accountant's Report) with one copy of the audited annual financial report to: State of Georgia, Department of Audits and Accounts Local Government Audits Division 254 Washington Street, S.W. Suite 322 Atlanta, Georgia 30334-8400 5. If the local government meets the eligibility criteria for an agreed upon procedures engagement in accordance with the provisions of the Official Code of Georgia Annotated Section 36-81-7, the local government is responsible for ensuring that the procedures performed by the independent certified public accountant are sufficient in scope to enable the CPA to complete the Independent Accountant's Report. These procedures include examination of grant application and award documentation to become familiar with the terms and conditions of the grant; verification of receipt of grant proceeds; and evaluation of the local government's documentation of expenditures. The purpose of these procedures is to comply with the provisions of House Bill 1364 requiring certification that the grant funds were used solely for the express purpose or purposes for which the grant was made. 6.. Whether the local government engages an independent certified public accountant to perform an audit or perform the agreed upon procedures, for purposes of meeting the requirements of House Bill 1364 the independent CPA should be engaged to examine management's assertion of compliance with the requirement to use grant funds solely for the express purpose or purposes for which the grant was made. The independent CPA should conduct the engagement in accordance with the standards for examination engagements for compliance attestation contained in the Codification of Statements on Standards for Attestation Engagements. 7. This form and the accompanying Independent Accountant's Report is required to be filed with the state auditor in conjunction with the annual audit for each year in which grant funds are expended or remain unexpended by the local government. 8. Questions concerning the provisions of House Bill 1364, the State of Georgia Grant Certification Form, or attestation engagements should be referred to Edward Blaha, Deputy Director, Local Government Audit Section, at the address listed above; telephone (404) 651-5115; fax (404) 651- 5608; or e-mail blahaef@mai1.audits.state.ga.us STATE OF GEORGIA GRANT CERTIFICATION FoRM . ;' A Local Government B Information For Year Ended I C State Awarding Agency D Grant Identification Number E Grant Title F Grant A ward Date G Grant Amount H Balance - Prior Year (Cash or Accrued or Deferred Revenue) I Grant Receipts or Revenue Recognized J Grant Disbursements or Expenditures K Balance - Current Year (Cash or Accrued or Deferred Revenue) (Line H + Line I - Line J) Certification of Local Government Officials I have reviewed the information presented above and certify that it is accurate and correct. I further certify that the proceeds of the grant award identified above were used solely for the express purpose or purposes for which the grant was made. I understand that failure to comply with the provisions of the law applicable to this grant award shall result in a forfeiture of such grant and the return to the state of any such grant funds received. Signature of Chief Elected Official Date Signature of Chief Financial Officer Date --'~ " . IndeDendent Accountant's ReDort We have examined management's assertion included in the accompanying State of Georgia Grant Certification Form about [name of government]'s compliance during the fiscal year ended [date] with the requirement to use grant proceeds solely for the purpose or purposes for which the grant was made for,'each of the following grant award(s): [Individually identify each grant award of governor's emergency funds and/or special project appropriation.] Management is responsible for [name of government]'s compliance with this requirement. Our responsibility is to' express an opinion on management's assertion about the [name of government]'s compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name of government]'s compliance with this requirement and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on [name of government]' s compliance with the specified requirement. In our opinion, management's assertion that [name of government] complied with the aforementioned requirement for the fiscal year ended [date] is fairly stated, in all material respects. ~ a ~ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR August 9,2000 Honorable Bob Young Mayor of Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: The attached contract when executed commits state funds in the amount of $24,000 to Richmond County to purchase equipment for Boxing Club in Richmond County. 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 ] 2) 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 Richmond County in the administration of this grant. If you have any questions, please feel free to call me or either Amy Hill at 404.679.3154 or Bobby Stevens at 404.679.4943. c;:#~#' Jim Higdon Commissioner HI/aha Enclosure cc: Senator Charles Walker Senator Don Cheeks Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper . RINGS "THE BES 96500 LENEXA,K I: INC. BOXING" 'IE LANE 6215-1152 October 31, 2000 Mr. Tom Moraetes, Director Augusta Boxing Club 1929 Walton Way Augusta, GA 30904 Dear Mr. Moraetes: Please be advised that we are in receipt of the $18,000 check as partial payment of the $24,000 equipment order. The entire order will be shipped to you immediately. Upon your receiving this equipment and confirming the contents and quality, we will expect a check for the balance of the $24,000. Thank you very much for your business. Sincerely, dL~ 00hn Brown President Ringside j. - Office of The Clerk of Commission Lena J. Bonner, CMC Oerk of Commission Nancy Morawski Deputy Clerk Room 806 - Munidpal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX(706) 821-1838 l\1EMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: October 16, 2000 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards " Enclosed are three (3) checks totaling $94,000 from the Department of Community Affairs. Please issue Augusta-Richmond County checks to the following Local Assistance Grant recipients: . ORGANIZATION GRANT NUMBER GRANT AMOUNT Hale House Foundation GEF-OI-EOOI-0034 - total $25,000 payment ARC Clean & Beautiful GEF-OI-EOOI-003 - total $5,000 , payment Communities In Schools GEF-OI-EOOI-307 - total $10,000 payment Southside Tutorial 01-C-L-511 $24,000 Augusta Arsenal 01-C-L-472 $30,000 Please return all checks to the Clerk's Office so that they can be forwarded to the appropriate Legislative Representative for distribution. Thank you for your continued ~sistance. Enclosure: Checks - " AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY A TIURNEY P. o. Box 2125 454 GREENE STREET, AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: Jwall@co.richmond.ga.us MEMORANDUM LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM ANDY CHEEK RICHARD 1. COLCLOUGH WILLIAM B. KUHLKE, JR. STEPHEN E. SHEPARD MARION WILLIAMS CHARLES R. OLIVER, P E, CPA Admlnlstrator WM. "WlLLlE" H. MAYS, III Mayor Pro Tern To: Communities in Schools Of Augusta-Richmond County From: James B. Wall Date: September 13, 2000 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing 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 fonn 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. 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 inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. I have attached two copies of the contract, 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. I D28~~J0f9l_~1 1-=-': ~ ~I . 1- --, _ __ ..__1 ,-- -- - - _._1 . ,---- ____I ,-- -- __ __I . ,---- ____I l~ --=-~ _~I C ~ _~'~ 428.000000932010 Page 001 OF 001 Vendor No: 0000013727 Vendor Name: AUGUSTA-R ICHMONO COUNTY STATE OF GEORGIA OEPARTMENT OF COMMUNITY AFFAIRS ATLANTA, GA BANK 1100-1000 Check No: Check Date: Check Total: 0000041882 10/06/2000 $10,000.00 INVOICE NUMBER 0930001000000 INVOICE DATE 09/30/2000 000016655 GROSS AMOUNT 10,000.00 DISCOUNT TAKEN . 0.00 AMOUNT PAID 10,000.00 e~ct~~ '-- .k--~' Stock # 5 6 3 6 2 4 STATE OF, GEO.RGIA DEPARTMENT OF COMMUNfTY AFFAIRS 60 EXECU,TIVE PARK SOUTH N. E. ; ,:-; 'ATLANTA, GA: 30329-223.' ' '. ,64-1,/610 . ~ -' , 10/06/2000 Check Dale "t.., ,t <. :. 0000041882 Check No VQndo.No~ 0000013727 '- Pay II> lhct Ordo. of , AUGUSTA-RICHMOND COUNTY 530 GREENE ST ROON 80 1~ , ! I. Pay Exactly ,TEN THOUSAND AND 00/100 S' ***'******'*************'***'***~"*** $10,000.00 WACHOVIA BANK ~. "~~' r.~.;;. '. . .' ". . .,' \l _. '. . .. .... , ..' ',"., Void allD. 60 clays " /-'(~_ i , . :-l-~ : I' .; ., " ~ 1, '. ,:'1 . I.., . r-~ ',.... ,,I' ""-: _., 11100000... .88 2111 1:0 b .0000 .01: 07 0.7 ... b Sill '. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR October 10, 2000 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 80 I Augusta, Georgia 30911 Dear Mayor Young: Enclosed is the Governor's Emergency Fund check in the amount of $10,000 to Augusta-Richmond County for Communities in Schools of Augusta-Richmond County for program expenses, computer hardware and software. Also enclosed is a copy of the executed contract for your files. Please also be aware that as the recipient of a Governor's Emergency Fund grant, you are now required under a new law effective January ], 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department. of Audits and Accounts. Under the provisions of the new law, failure to file the required infOlmation with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. I am pleased that we were able to assist you with the funds provided. Sincerely, Q.c H-o/O'A Jim Higdon Commissioner JH/ja Enclosures 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper EQUAL HOUSING ~ OPPORTUNITY L:.J STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~day Of~~~ 2000, 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 COMMUNITIES IN SCHOOLS OF AUGUSTA-RICHMOND COUNTY (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 assist with program expenses, computer hardware and software. 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; ~. 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, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. S; 50-14-1, et seq.) if the Organization receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. S; 50-18-70, et seq.). Organization shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. Organization certifies that it is a tax exempt entity under S; 3 501(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. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. Organization certifies that Augusta has made inquiry of 4 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: ~ ()7JJ lJ:;TEST: COMMUNITIES IN SCHOOLS OF AUGUST RICHMOND COUNTY ORGAN ATION Sworn to and subscribed before me this day of ~OOO. Notary Public My Commission Expires: 5 ~ APPROVED StP 052000 STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 (AUGUSTA-RICHMO _.--!~fI2!!!..IT!f!!MM/SSION) ~....'""\.."". Roy E. Barnes Governor August 1, 2000 The Honorable Charles G. Larke Superintendent Richmond County Schools 2083 Heckle Street Augusta, Georgia 30904-4295 Dear Charles: On behalf of your legislative delegation, I am pleased to advise you that I have approved the transfer of $10,000 from my discretionary fund to Communities in Schools of Augusta-Richmond County for program expenses and computer hardware and software. The funds are being transferred to the Department of Community Affairs for proper handling. You will be contacted by the Department shortly, but if you have any questions or if I can be of further service, please let me know. Superintendent Larke: The discretionary fund money for Communities in Schools of Augusta-Richmond County needs to be handled through the Augusta-Richmond County Board of Commissioners rather than Richmond County Schools. Sorry for any inconvenience this may have caused. .-.J..j J--' -L1li'WU (J6- Sherry Lyle, Special Projects Coordinator, Office of Planning and Budget 2.70 Washington Street, S.W., Room 8071, Atlanta, Georgia 30334 (404) 656-7919 FAX: (404) 656-7901 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR August 29, 2000 Honorable Bob Young, lvfayor Augusta/Richmond County 530 Greene Street, Room 801 City-County Municipal Building Augusta, Georgia 30911 Dear Mayor Young: In a recent Executive Order Governor Barnes has approved an Emergency Fund grant for your local government. Enclosed are two copies of a contract that must be executed by you and returned to me. Please sign both copies of the contract and return them to us as soon as possible. Upon receipt, we will promptly issue a check and return a completed copy of the contract to you. If you have any questions concerning this grant, please call Amy Hill at 404.679.3154 or Bobby Stevens at 404.679.4943. On behalf of Governor Barnes, we are delighted to assist you and your citizens in improving community services. SincerelY" ( .' oJ. ~d~ Commissioner JH/cm Enclosure cc: Richmond County Legislative Delegation RECEI'/ED SEP 05 2000 Mayor's C:'.. : :., .... '. .~ ""' Augusta-Richmond County EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opponunity Employer * Recycled Paper "/ ~'.c> Grant No. GEF-OI-EOOI-037 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 13th day of July 2000. by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and the Augusta-Richmond County Board of Commissioners 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 O.C.G.A. 950-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend funds for the purposes set forth herein; NOW, THEREFORE. in consideration of the mutual covenants and warranties contained herein and other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged. the parties agree and covenant as follows: 1. Scope of Project. 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. 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 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 the Recipient in accordance with the following payment schedule: $10.000 Within ten days of the Department's receipt of the executed Agreement. $10,000 Total Disbursement .. . .~... ~. Grant No. GEF-OI-EOOI-037 Page 2 of 5 4. Confficts of Interest. The Recipient warrants and represents that all of the officials, agents and employees of the Recipient have not violated any applicable federal. state or local conflict of interest laws. ordinances, rules or regulations. including but not limited to, O.C.G.A. 945-10-20 through 945-10-28 and O.C.G.A. 936-67A(1) through 936-67A(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. 5. Enforceable and Le~ally Bindin~ 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. 6. Monitorin~ and Auditing. 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, fmancial 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. 7. 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. 8. No Al!encv or Partnership. Nothing herein nor any actions of the parties hereto or their agents or employees shall create any agency relationship, partnership or joint venture, between the Department and the Recipient. The Department is not an agent or representative of the Recipient and the Recipient is not an agent or representative of the Department. The Recipient shall be solely responsible for performing any and all obligations under this Agreement. 9. 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. 10. 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; (11) has failed to complete all or a portion of the .actions required under the Agreement; (11i) 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. GEF-OI-EOOI-037 Page 3 of 5 11. 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. Atry 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. 12. Entire ~reement. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise, other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. [Executions on following page] . #. ~ Grant No. GEF-OI-EOOI-037 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 DEPARfMENT OF COMMUNIlY AFFAIRS By: ~I~Q ~~ By: Attachments: Exhibit A, wScope of Services" ~ . . ,,'. ,J Grant No. GEF-OI-EOOI-037 Page 5 of 5 EXHIBIT A The Governor's Emergency Fund Grant shall be used by the Augusta-Richmond County Board of Commissioners to provide funds to Communities in Schools of Augusta-Richmond County for program expenses, computer hardware and software. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be. accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an . historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or .prevent the State from asserting noncompliance. AUGU~TA-RICHMOND COUNTY COMMISSION 040289 ..~ . ., ,DESCRIPTION .. '~>..':< :::::~})'::~';:""-; ....,..>. i\:~ -i" P.O:~NUMBER , INVOICE'NUMBER..., ,':':;"INVOIC T ';::.:;;.:.~;~::. ~~~~ir:::t::,:}t:)::::r.%~~ ET;AMOUNTAf;t PRANT GEFO 1EO 0 13 1 0 , 0 0 0 . 0 0 0 0 0 10 , 0 0 0 . 0 0 ., " .- - - .- - - - - - - I- - - - - - - - - - - - - - - - - - - - - - - CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 04 02 8 9 1 0 / 2 0 / 0 0 1 0 , 0 0 0 0 0 0 . 0 0 1 0 , 0 0 0 0 0 0' II .. '.11 :' ...I,"'t ..."" " II' ,. . I I , .~. ---o;'~_.':~.1P " I ~~~ ~__.o'~;-,/' I..' ., . I;" rO'1 JII,"'," " . _ I,/Ii,,' l.l'UI,II,,;L'~'1 I AUGUSTA-RICHMOND COUNTY .1VJ>, 'fh .GQMMISS,ION; e" "d. ,"..I, /n'''~''':~'ROOM~1b!VACC6UNTING DEPARTMENT ;,I""':,~I"~f '"': . ". . .' 53() GREENE STREET' . , -". i.,'. (>.UGUSTA, GEORGIA 30911 '" ,,'~ * $19 "q.9,b,;;~9P:':':::,;;, ",I' '::~,,~z--:;.,t :;{)''t~~~C706} 821.~ ' 1"",. ..Ii ,J"., ,I,:" I, ,I,., , " : : '_ ': ':" .' .' : .'.: '. I . :." . '. .~. ~ ". ,,: _ . _ ,_ , ."', ,. / . ** * * * * '!i~~*?~* *~*"ft~,**f~jr ~:';~,*,*;~ *r*;~*":*";~{~;*'**"~'*"'**-N'~,$l 0 'Ob'01\NbNOeEN:rs':'~'~j ,'1:: ':~~~PJ' . \" ~~~r ~:ATf:):~:." ;,'I'~:.~'''',','':''.i{~'i' ~:i')",,;, ,:; ;.-., , Fe' I J,:,lli ',:;e, ~,:",;i',~;,I";'~ :!;';:'1 ,I '", "::/~. ~. ~ c~'\}c "~"f ":' "V.'\I~'" '. 'h~: ",' ,!"e 11'. ',,'/,,' /l';'. I'""",,, , .sw~c,.~ .~%:~~/ ,:,'\.1':/:;'::~:>'." '.:;' \ t' "VOI~AF:TER"g(j o;vi/ 64-137 > ill lit il < I: \ :'-, " PAY ,...'rO'THE' ORDER ;.: . 'OF,.' . '-, "'-~- T02771 ., ,:€OMMUNTTI ESII'" IN :,8CHOOr. ~-.' ,,; :' ~,/'I II':." '~"'II' ;',,' : ~:I'>,"'-~, .. ,,~H. i' 'r ~';' ~. r;1 J~:,~';' "1\ . r < ,,II....., ~'I t :,1" " J Jr i "". . ,~"il,'./,,<". qJ!r!,"j','I. .t.. I',j . t- ._-'~~:.'i ~ ~~:~2~J ~-~~ L.:~ ~\'7 ~~.'~--- ~ II , ,l:" ~~ ~dtl:.. ...~--_~:__. __. ,;'- ~ tr-....~ -';"-"';;~-r'-~rl,. 4 t ~,j~, ~ ~;. f P;:' c~gf . - . .. -I" . , . I"~.' 1''' . r" '. ... .J{ i'" ." t " ,,-.,")'/'l I'i :~,/J /,':.'..t"',~/","'.~~;;.;; "I';'>.~,,: ~;:~~<4'l~WYl'~~ /~.- ",~~,'':;~I':;ll~'~" f:~. ' ;A.~~,ISTANT~d"1~TR9~L.~ 'l,.;'>} %,I;':)'ll ; ~ -::_~~:~ ~;;. t,::,~, ~.,' I' ,':', ,:t '~<~'~;~:'If ~ 'i':II'~'~'~~"":./ t~II~':~'; ~- ~r~~j~~(~"r~';,~,l '-"<..:" '7 REGIONS BANK,OF GEORGIA J,,>', ' AUGUSTA, GEORGIA , '.:f~~~' '1=: ~ II- 0 ~ 0 2 B 1111- I: 0 b J. J. 0 J. ~ 7 5 I: b B ~ 0 J. ~ B ~ 11 ~ II- ). . .,/ I . t'rJ1/C- L- (l.J,f . Application for Local Assistance Grant Loa1 As&isance Granu arc made ptU'lUUlt ro O.C.C.A. ~50..a-8(a) which provides in pc:rcincnr pan: -The Jep.rtmnlZ shJl1tUllttl zrrmts tD e/igi61e reapients or IfUAlifUJ IDcJgrwellunmts. whiJ, K"lI1Ia iIIre ~ by II7tUIIIIII. ,.,api_1. II,", PMrpiisl in An "pproprUttUm tD tIH Mp.nmnu- 1. Recipient identified by the Gcnc:mJ Asaembly in Appropriations ht: Richmond County 2. Amount appropriated by Gcn~ Assembly: $25.000 3. Purpose of the Local ~a: Grant as ,pecified by me Gcnc:ra.l Assembly in the Appropriations Act Restoration of the boyhood home of President Woodrow Wi Ison and the boyhood home of U. S. Supreme Court Justice Joseph Rucker Lamar by Historic Augusta, Inc. 4. Information Requiraf by the Department of Community .A.ffairs for Awud: _ a.. P1case provide a deailed dacription of rhc projca:. location. type of work to be initiated, and for what pwposu the funds awarded through chis grant would be used. kuch additional pages if necessary. Grant funds will be used to further the overall project with the gonl of restoring the complex which consists ofthe Wilson I.Iome, its kitchen wing, stable and the adjoining Lamar Home, located at 415 and 419 Seventh Strect., Augusta. Specifically, these funds will be used toward the restoration of the kitchen building. b. Please provide a budget for the proposed projca. lining all revalues and c:rpcnditwt:s. Project Revenues Projccx ExpcnditlJRa Loc:aI Assist:ma: Grant 25,000.00 0.00 165,451.00* 190,451.00 25,000.00 0.00 165,451.00* 190,451.00 Local Govt. Other Total . , 1 Prnvid.. t'rnt'n'....f nmi=r tt2rT IIn :ond nroiect oomDlerion dates: Jkrl-bu D4k ~.Dc# *OveraIl project. budget for entire complex is $2.1 million. Nnw~mhPf" 1 1 QQQ nPr.p.mh""r 11 ?nnn , 5. Contact Information: Plc:asc: provide the following amaa information ~r me gr.ant. Name: Erick D. Montgomerv. Executive Director Address: Historic Augusta. Inc. P.O. Box 37 City: Augusta Telephone(706) 724-0436 State: GA Zip: 30903 Facsimile: (706) 724-3mG E-mail: Erickdm@aol.com Name: Julian Osbon. President, 1I.istoric Aug,usta: Inc. . Address: P.O. Box 1447 City: Augusta State: GA Zip: 30903 Telephone(706)-821-3600 Facsimile(70G) R21-3G30 E-mail: ioshonCmsomabluc.eom J' 6. Ccni&c:adOD I, the undersigned authorized n:presenOlci~ of the loa.! ,goyanmcnt dcsaibcd in dW application. certify that to the best of my knowledge. the information in this appllc:arion is trUe and correa and the Local Assistance Gnnt subjett to ~Ii~on will be used. for ,the purposes outlined a6ovc.. I funherccrtify the loc:a1 gmunmeDt dcscribcd In this ~ i~.,' oA has f tatuisite and authority to c:xpcnd fund. for the pwposa Jet fonb hcrcin. -.. 1 \ / ~ /) .. . :1/((1 . 2//g/6V 'Authorized signatu I' I . ? ~ /}. 'tJ{ML-ti~ Authorized Representa ive (j , 08 - 11 - 00 Date , Erick D. Montgomery Name (please print) Executive Director Title For additional information or assistance, Please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Georgia Department of Community Affairs GO Executive Park South, NE Atlanta, GA 30329-2231 www.dca.5tatc.ga.us , , ~ r . I Office of The Clerk of Commission Lena J. Bonner, CMC Oerk.of Commission Nancy Morawski Deputy Clerk Room 806 - Munidpal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission. DATE: December 8, 2000 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed are checks in the amount of $6,250 and $1,875 from the Department of Community Affairs. Please issue Augusta-Richmond County checks to the following Local Assistance Grant recipients. ORGANIZATION GRANT NUMBER GRANT AMOUNT Historic Augusta o l-C-L-429 $6,250 Lucy C. Laney Museum o l-C-L-450 $1,875 These awards represent final payment for Historic Augusta and 75 percent for the . Laney Musewn. Please return all che~ks to me so that they can be forwarded to the appropriate State Representative for distribution. Thank you for your continued assistance. Enclosures: Checks . " . " ~~~mN~~~~tFi:'/~~;~%j~~~?#,,~-.;i;;:~;~i~~~~"t~~~##ti:;M~*f*~~$t~#.###iJ~Nt~fiti1tf~\j~I'~i~~~. ..~:;:';:.>... .. . STATE OF GEORGIA" , Page 001 OF 001 DEPARTMENT OF COMMUNITY AFFAIRS. Check No: 0000043344 Venda, No: 0000013727 ChackDate: 12/01/2000 Vendo,Nam", AUGUSTA-RICHMOND' COUNTY ATLANTA, GA' Chack Total: $1,87&.00 BANK 1100-1000 , INVOICE NUMBER 01-C-L-4&0 INVOICE DATE 11/30/2000 900018687 GROSS AMOUNT - 1,875.00 DISCOUNT TAKEN AMOUNT PAID 0.00 1,87&.00 ;;';~J~:~,'.';/~.~i~.:: ~:::-~ ":.~ :_;;,,;"tz;::iB-~:~~_-- ;:::-;-:~.- :.,~'I~,_~T;-.~~': ,:<t:..S-~"'';'''"'"'_'.':_ ',: ." ':,: . _:,~ - "', -:-._.;.';:":'.:._~:.:;.:..;:= ~'~;:J~~." .'.:: "}~ .1.' , ';:: (,)~,~ 1,~~(;':.~~~Yf~ '~;,C (2"~ ~tiK~ S1!Atve:OFv\GEORGIA.:-;';n;@ C~ ~ V& f g (, L;;- (,5 '. ..Q 's;S;-: '1';610 f !~ J ~r~.l "- ./i..1 .. ~'~ .. "'.. ~ ... DE" T" ~ ;J:. , . -,,' ..,.., ~ --r I~ .., :,..:::'..'-....-'"."'t~- , '.,.;;~",.i',"", ~..q,:;-, ,d', .,.AR MiNT OF COMNUNfIT't-AFFAIRS :' '.j.',' {';.'): ~._::.:':-:''-' 'IJY , \t~ $';f1ti1f1? r~r-'ii!'~t1ir)~,(~;t~6e.' ~eCUrI,VEf:PA,~IC.'S$ll)1:W.IW::\E.L, fi.'i~r@. (,WC,C., '~''\Q(-;;@.V; '~~ 'r:~'" ( .- ' . ~(, .'," ".,',"~ ".~,',:,",.1'",.,,",. ",TV'NTAl.'B.v3032'9::-223f~\.'v._. ~. ~:-::' ,~"~';"-' :.' . .. tb ~ ~ . - - ~ ~ ~ '_ .. _,....- .iJjj~ '~' 1- ~, . L ..:l.. . ~ \' .-. !~n';776' '~~ '"'::IP ',~".~ 'ifi,'~ ):'1i "WI~'..{) .~,'@IfO ~,:!~D~\ ~F~~.l.} I~'. @!?-@7_' \ ..~\~r~,' 6 .:C:f~~ ~ ,>. -0' 0' ~O' ,.o~ ~O' ''''"4'3' 344'- : I .. ~t _ . . 1.2/01/2000' " J. ,;"... .~ . ., . '... -:..".. ,. .'c,- r ., . . '')f I'. J. ,/.,. a.ct.Dafg. ,0 -; ,,,- ^-r''''.-~; .. .' ,'-. .. ,- ~ " {c-' r . . .-, , Check - t:!,' 1- "'~-:' != \~': .~~L!' i;::':'-,~~ . I'"l.\~ ~. ~~o,' /. ~;c:' \:.' :,:<~..~ , I,'.jr,,~' I ,t;,>,J~'~,t, ',' it i f_(, i~, \1... U '1"', '\}:".:., ~i-, . >; lji~ ~.-~ ~:, ~C: ~~., I . ,~l~/ ~~>.'~. . "f' , ,LPaytl>:Ihe~ot;,AUGUS;TA~RICH"ONo"'-COUN:f:t' .:::::f ;:.:~.; '';:(<;:.'5.-:;:""0:;:':. _ _. ..L,_ _, '- V~r~o: ~000013727 ~:,/~ ,j~. .~'~;_ ~ - ~!i3~!.jR.E~~~~~TL~O~"~!~r:"~:'::~~~~;-f f}:~l{: 2: j:f~J?;~:t1~)~'~!:f;~ ~~ I'Z~ f'~,JI~;'.~ r~=~G'b~U~~.' - e'; ~:;.,r-l: '~i.,,\,li_ \:~~-'j..,v;~.(')r--.C~r' ':""i","";f,.,r~'I", \",~".,jl"'I''',_ f,; ::'I\l,.'l.~ ~:--)I~~'0i"/; ;::P'S~: ",:~~ ~"';;-'-'Y $187500 ~, P~E:Ji:1IC1Iy . ONE THOUS~ND .E'IGHT~UN~RED .~EV~,NTY';F,~VE; AND OO:1100-"S;"~:~..". ~' . '.' ',: '. ; , . ~, 1,,0 ~~~~ Y' . ':'1 ':? ~~j:~ ~ ~:..(~ g:-;-~: ~y('Lr (~I':(',.c.:~-J ' . .<t., ~, f <.~ .~ ;,~:' ~~ . ~.,},~~','~ :~::,,:~: ": ~~~~_ ,.~;::;;:;,~r~~' ~.: . ~)0' ':';@e) '::'~:'-,~ ",i ~t'i?;.~'Q'[r:(&('(j~,:~ ,~, ...~ ~IF l ..:.~. [~:~ \; 1;;;: 1 ~,( '/~@l~~~}1 ';.f!i~'u ~ I! (,-'n\ :. , , '" \ . I -;'] I~" ~~,~, ,/~,~~;~,.-,t~-. ",l . 'I (' 'C ~ if;, . \-If j?';: . =:r 1< ~ /... ")'1- ~ r.r;: "...,.1..: " :-\. (', '''. ~. t"; ~~ l. [-~. j- !r~_ ~ 'o.Z;" ':7 l-~ t -.--: ~ t' . ,.~. W.AC!:,OVIA' , . ~~~~~ _. ~'I~ :~~"'---=-~'~C '- Si. ?:C ~~ ~~g,.:I::,.~ "~. ti~..:' ~~~~~,fS ;L~~~, ~y) r ,:o'.~g~~5~5'I': . J:r5"f ~~_> ,'.~=- l "'00000'" ;j ;j... ...". 1:0 b .0000 .01: O? o.? ... b 511' . . INVOICE NUMBER 01-C-L-429 INVOICE DATE 11/28/2000 STATE OF GEORGIA DEPARTMENT. OF COMMUNITY ATLANTA, GA BANK 1100-1000 GROSS AMOUNT 6,250.00 AFFAIRS Check No: , O'leck Oal..: Check Total:' 0000043343 ,.,-,. ..c 12/01'12000 $6,250.00 I ..-........-.---.--..-.- ---------- _.....;.4.. ".. ....,:.....,:.-.. Page 001 OF 001 Vendor No: 0000013727 VendorN~: AUGUSTA-RICHMOND COUNTY DISCOUNT TAKEN AMOUNT PAID ;. 000018516 0.00 6,250.00 i: \ t. J' ~ t I ~ ~ i i ~ p < !' 1 J. f. f 1 l. I I I i I f .it i j I ... r,.' ___ -___. .------__- -: ....-!-:...;-;;",..-,~ .....--.....--........ ~;,........__.- .-- -_ ~-- -....__ - . _ -- - ...... -...... . _--0.__ ___ - -- - -_..- ........ -- . ~~;':J::: ,:i.~. . ~.. . '."..' . ....:, w. . . .,. ." :;'.. .' . ,C " .~ ,"c.' .:..,., j ~"':--:')"::,.:',: ,,.:;., " o".~ :,'.-'" .:.....'..', -:...,j:,~:.~~~~~ _:...,. i;, ::.-..~.:'(~X fgf" ~ ,. .. '~..@j~. 4' :~;i.r."".; ~,~ t '"'.t '.>1,0;, 1{'~:': (~..t;{ SiF'"ATeO. tV:G'EO.FlG(A8.RJ8im.~.\WtD~~li~~. ~,-lr~'91".<<:.' ~ 1~.:~.J'6~<:-::':.Y~'10.' '. :: l Gf: ;:~j;..:..;:.,~'.i ' \:;". I ,"n .;...'".;: DEPARTMEN:T OF COM"UN-ITY~.AFFAIRS..\ ,.if',"",;,;: :,C ;.; :~....' .',: _'.;...., ."::~.:" .vr) " !i"'~, ~~; '1:' b:c:- {;,. J;'-ci fi;'<'f> il60 EXeCUnVE(9,{R.K SO(f.TW ~..E r, fffi,'T(E t~[f 11"";"4I{"0' 'i;0'. l' r (r~ .-;;',. "1 '~":~;":"..:~;:-. ~ . 'i {~~, ". 1;'1.~ .r:' ::'~II"> ~~,:,~.~I ,~:~-1~~T';..,.;'A~LANtAT, "~~~~3'o~g:..i~3i1~ ~~ ,(.:,\.J.:~:'>',.\_"r.~'i'-'-'y ~f:\~ ,. 'r/':'"~'; ..:~ ~ ..\ -~ .~. . ,~. ~ t- ~~, ~. r ..-~~~. ~f t"',..J. 1-/ /... I (,~. "-It";"~ ,{- ~ ~~-ti- ~~-~l ~,~;~ ';'I';'~ ~ '~'!0- ,'(C; 0_og't; r~~C\:"S., 'fl n," - ~"';l'- t'.i'"(,7'(i? t\, -;;. t;:~ '-~'~"'I"'c;'.:::' n..;, .r_~ -~./\ '~l~ f; " I ,J<J.I _{"l '1 " <, '-.' '" ,"",," ,1;'," L"-' e. {("d'. 0 ~'1;': 1..'" I'\.! >elf' \ilr ~, "''''-''.1.:''" , '0000'0';"3'3'43' ,.- '. Ie)' '=' r../ ~:.;;, I'~~U~O~ '~ , .' .r""~'~) ,('- ~ ":. 7' ,'.;;;.<'~" I . . -~. . (.~_.~ . c.;" ; ~':;, ;.,,/;'. --"J~ '(i' ~ ";..:.r"j I":; " Olec.k.:.. . .).. ;" ":1'1 If.,:,tr \~ '- \'-" I, \8. . . ~ - , ",-' , ), -; ., '::! "., ~,,' 1., > y". < 1- I, _ / ~.U '" ' .0,'. '\;-~ C' '- ' " " .' ",,,,, '. .'. . _'. "'. " '-:- -, ". . ~ .... . . ,-'.. " ..', .- ,', :- - 1 ,- .. . . >, . -. . ; Vendor No;, 00000,13727 ,~~Y,lD;lb.Order.Gf r,AUGUSTA-RICHMOND COUNT}l~' ~r::-. ~;rlr.I."~:':~ ;-~h 'i" ~;;~':'"" i~\ '-,r> - -r; ( T,t;=,P- ~J._~..4' ;...c^,.',;Cf:.:.....j_'_~._..;. '.'1 ~"\,I,, '.!t. \,6.30.GREENE STREET" .~~c:\ .I.:'~ ,'",','. 1'>::'l'C'tl-"' .c.'.' ."'".'-:I\~.'^'/',J "V'~J :l .... " . . t" '" , " ~" "..... ~ '..' I : ... r I " '"l "" , \, " ~ ~~. . . j, .1 ,'0:;: ;d~1 ,'-":: i}j.,7 ~ '11:1-, nt, ;,1" ~",;;~.''::!l ".',:'i;'~",?,{G' '~'';:}~.''n,r.~j"V ~'I-:;!n'r.;:: '~lf011~G2\ $6,250.00 ;l~ ~~Y~ SIX THOUSAND TWO' HUNDRED. FIFTy,; AND aOf.1qo; S. !~:*n~~..*un~* _...: \ """'1""'~' . . 'If t.", 1 r ~" ,; " ,.)' " '." I 1".' " " , , ," '. , . . ", v . '-'- '\ 'j'" - , . , ' .., J .J;rf" .~~0 :i1Q-fl", C,. 1 ",e, -"t~, ~:, ,r.,:o '('~~~'. (,!.. ;'~.~' '-I~)' - :', ".,~r ~ (- .,~"k~i2,".~";1 v~F7~;~Y8 If .~Fi' 'r~- ~~-I"'- I 'r~ -~ ;~_.' I ~, ,~~." ~I)V;'.:;', ~:~~+~;-r; ~.;;.,'(,~ f'~l<-'~~"(.l ! I; " h, I I".. ; 1--' .1" , . ,I I'" " , ) ,'.... ,@"I.., WI" ~~. rt - " ,C3I., ~ll,. " : ,.... c -"- .,. , 1, " '," :.-. '. ': ' ' . - ~ , I.: - . i j: ,..VACHOVIA BANK . "\, ,.. - " . -F' "-- (; I'"'" 'r- ' '",,"-0' "" ' I. 1 \'~:... ,1''L'..3~1 ~ <,~:l- ~l'( ~,.. ;' t.;" ft~ I ": :;- \\jl~~Z>.' .11~1:l~~' "r~~:l,~q/ '~l ~.J.-f~l': .~ . . ~~~:,---..:.::.::~olJ~__. -oI-'-=--~~~~ :...::..:.........,L.....;.."....u_:~ :..;::::':.....~.;....... .~ ~~_: 1 ~ ....:..._0 ':~~'......l_j( _.::;;'".....~~-.JJ..~",i.J':.:.: ::..;.._:.1...... -=-_.J1iull ..':'=--....~~-;:uJliUIU:u:~tt::: . /1100000 t. :l :It. :l/ll 1:0 b .0000 .01: O? o.? t. b Sill i. '. Office of The Clerk of Commission Lena J. Bonner, CMC Oerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 December 29,2000 Mr. Eric Montgomery, Executive Director Historic, Augusta, Inc. 110 Tenth Street Augusta, Georgia 30901 Dear Eric: Enclosed is check in the amount of $6,250 representing final payment of your FY2001 State of Georgia appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program for Historic Augusta Inc. If I can of further assistance, please feel free to call. ~IY yours, Lena J. onner Clerk of Commission Enclosure: .J l .~ AUGUSTA-RfCHMOND COUNTY COMMISSION 043808 DESCRIPTION P,O.-NUMBER ,INVOICE NUMBER INVOICE AMOUNT NET AMOUNT 3 RANT 01CL429 6,250.00 0.00 6,250.00 I I , 1 CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 043808 12/14/00 6,250.00 0.00 6,250.00 " " , .. " : , , 0' " : , " " , 0 I , . . AUGUSTA-RICHMOND COUNTY 64-137 COMMISSION - 611 - ROOM 105"ACCOUNTfNGDEPARTMENT " ~;::CA!~!<<DA:~E:,': i,:/'/ ',. ."CHECl(lNCt5'\y} ~~t::/ ?I~;f::~(~.;.~'NK>.~.Nit~::> <:k~(~:,:.~;~t~ .' - 530 GREENE STREET . 'AUGUSTA, GEORGIA 30911 12/14/00 043 808 ***$6 250 00 PHONE (706) 821-2334 , . - ~ ,- -. ** * * * * **.* *':i.*,* * *'**,***** *,:******* *********** ******$6 250ANDNOCENTS , . .f .' VOID AFTER 90 DAYS PAY .TOTHE ORDER OF 3084 HISTORIC AUGUSTA INC PO BOX 37 AUGUSTA, GA 3,0903 . AJoYVY\ a s#. t<J~ C;-/?1.AO ASSISTANT COMPTROLLER c. , .. REGIONS BANK OF GEORGIA AUGUSTA, GEORGIA ' 11'0 L. j80811' -:0 b ~ ~O ~ j 75': b8 jO ~ L.8 j g L.II' ,. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR December 6, 2000 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is the final payment in the amount of $6,250 under Local Assistance Grant #01-C-L-429 to Augusta-Richmond County. If you have any questions, please call Amy Hill at (404) 679-3154. '- im Higdon Commissioner JH/j a Enclosure EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper - , " Office of the Mayor Bob Young, Mayor Room 806, Municipal Building 530 Greene Street, Augusta, GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us November 16, 2000 Honorable Jim Higdon, Commissioner Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329-2231 Dear Commissioner Higdon: Enclosed is the FY 2001 final payment request for the following organization: ORGANIZATIONS Historic Augusta GRANT NO. 01-C-L-429 1 As always, we appreciate your continued assistance in the administration of Augusta's grant awards. . I .~il"!~l~~~~ r::.~~~~... ;:'. .: . _;~;':";-T .. . ~~>~,.,:~~:l~:~,~;~:~.,~P~ORG~DE~ART.~~T OF, .?,:~>~ <~~~>:':;,;;, COMMUNITY ,AFFAIRS, .::._" _~r'::i~:.f;:}~.~:;...\t ~~~,<_,;' , . ',~" ",' "'~ ,.J .'. ".' , ,~~:, _ '. .': . _ . ,:jt;'t,}:;k.,j::'~,~~tive Park South,. N.E. '. ~tlanta-,~eorgia 30329:.2231 ': '. ,;'-:!- "l","t1!,~~:. ' ,: (~t\?'\- ; ."~ : .~ . .. c. 1 ' .'~ - , . I". .' , - '~~ ). . , . , 1 ;>-~; " .. LA,GRANT " AC;;REEMENT NUMBER: ' Ol...:c~L-429 I, . ( ,.'",::~ "LOCAL ASSISTANCE.GRANT. RE.QUESTFOR FINAL"'pA.YMENT 'GENERAL " , INSTRuctIONjS: . This .form is to' be completed once-yo~ have fulfilled the scope' of work; as ,outlined in your grant agreement; .Be sure' to indicate ~e . ~e of the" LocaI.A~sistanc;:e Graqt ~G) recipientanc} the LA9' , grant nrimberat the top of this, fo~ The grant recipient is th~ entity 'that app~in the,gtaot agreement,dnd the grant 'numberappeaci in, the ~pp~ le~-ha~d comer of the ~t agreemeIl~ ' , . ' .# .' . The. certification ,stafement below' must be ,signed by. ,:he Chief Elected Official or by someone wh~ is officially authorized to sign on the recipient's behalf., Please retu.tn the form to the above ,listed address. If you have any questions, please contact Bobby Stevens at (404) 679-4943 or Amy Hill at (404) 679-3154. - . . '. :'.,l.: Authorized S. ature 1bis is to request final payment 00. the Local Assistance Grant of th~ , above referenced grant number. In making this request, I hereby certify that the "Scope of the-Project" as identified in Exhibit A of the above referenced Grant Agreement number has been completed. I further certify that all funds provided 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. CERTIFICATION: ~ ( Name and Tide Bob Young, Ma Dr ..~/oo Date , ~",::~:::;~':':'i~;~ ~'~f' . '~-"'~;~f,\~,~4}#<~,~,:~:'~i~'}~~:#:~ T~; . +. ~ I" "' ....;:: ,f 'f' ,{ ;.-~~:~?;1fC.~:,.> " i I ii I jl I HISTORIC AUGUSTA I il:'91I,1 I"~!III , 17:l6 ' , Iii Historic Augusta, Inc. 111 Tenth Street Post Office Box 37 Augusta, Georgia 30903-0037 TELEPHONE (706) 724-0436 FAX (706) 724-3083 OFFICERS Mr, Julian W. Osbon President Mr. Paul S. Simon Firs/ VIce President Dr, Edward J. Cashin. Jr, Second VIce President Mrs. Joe D. Christian Secre/arv Mr, Craig S. Mitchell October 20, 2000 Treasurer HONORARY TRUSTEES Mr. Patrick G. Blanchard Ms. Lena J. Bonner Mrs. Ronald W. Bowers CI k fC .. Mrs. William G. Bush er 0 OmmlSSIOn Mr, 0, Hugh Connolly Room 806 Municipal Building Mr. John C. Hagler, III , Mr, Bryan M. Haltermann 530 Greene Street Mr. George S, Hamson Mr. W. Penland Mayson. Jr, Augusta, Georgia 30911 Mr. H,M. Osteen, Jr, Mrs, Robert B. Pamplin Mr. Thomas H, Robertson Mrs, Paul S. Simon Re: Local Assistance Grant, Woodrow Wilson Boyhood Home TRUSTEES Mrs. David B, Avery Mrs. Christine Miller Betts Dear Lena, Mr. Thomas M, Blanchard, III Mrs, Thomas W. Blanchard Dr, William A, Bloodworth. . Mrs. Clayton P. Boardman, JrBy this letter I am requestmg fmal payment of the grant from 2001 State Mr. Clyaton P. Boardman III A .. d h G . D f C . Affi. L I Mr, Pete Brodie ppropnatlons un er t e eorgm epartment 0 ommumty aIrS oca Mrs, Larry G, Burgamy, Jr. A . t P W h lr d . d 750/ fth t. th t f Dr, Lee Ann Caldwell SSIS ance rogram. eave a ea y receIve ;100 e gran m e amoun 0 ~~J~~a; ~~~~~~\, $18,750 by check number 039639 dated October 6, 2000. Miss Louise Keith Claussen Mr, Deke Copenhaver Mr, Edwin L. Douglass, III Mrs. Fredericka M, Flynt Dr, Gregory L. Gay Mrs. H, North Goodwin Mrs. Philetus S, Harison Mr. William G, Hatcher, Sr. Dr. Johnny R, Hatney Mr. James M, Hull Mrs, Robert P. Kirby Mr, Charles E, Knox Mrs. Robert B. Lamar Mrs, Richard L Manning Mrs. Finley H. Merry Mr. W. Cameron Nixon Mr, Robert C. Osborne Sincerely, Mrs. J, Carlisle Overstreet Dr, R. Glen Owen Mr, W. Fred Palmer, II Mrs, J. Nicholas Powell Mr. Julian H. Roberts. III Mrs, Conrad W. Sanders Mrs. Tara Rice Simpkins p. k D M' t Maj, Gen. (ret.) Perry M. SmidrnC . on gomery Mr, H~II S. TIller Executive Director Mrs. LoUIS G, Walker Mr, William Byrd Warlick Mr. C. Barry Whitney. Jr. Mrs. James T. Wilson Mr. Robert S, Woodhurst, III Mr. Gerald W. Woods As stated in our application, the funds have been used for restoration of the original kitchen and service wing. This work has been completed, and we would respectfully request the balance of the grant in the amount of$6,250. If you need additional information please let me know. Thank you for your assistance in this matter. t~ 7n~~ EX OFFICIO Mrs. Anne S. Floyd Mr, Scott Loehr Mr, Barry E, White Hon, Robert W. Young STAFF Erick D. Montgomery Executive Director Kim W. Overstreet PresenJatioll Director Charlene A. Watkins Administrative Assis/ant " I. . . " Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 July 18, 2000 Mr. Eric Montgomery, Executive Director Historic Augusta, Inc. 110 10th Street Augusta, Georgia 30901 Dear Eric: Enclosed is the following application forms from the Georgia Department of Community Affairs regarding the Local Assistance Grant from Fiscal Year 2001 State Budget, which was awarded to your agency through the efforts of our local Legislative Delegation for the restoration of the boyhood home of President Woodrow Wilson and U.S. Supreme Court Justice Joseph Rucker Lamar. Please complete the highlighted areas on the form and return promptly to my attention. Also, please execute the enclosed contract between your agency and the city, which is needed to aid in the release of funds. Should you have any questions or need any additional information, please feel free to call. ;)f;Y yours, Lena 1. B er, Clerk of Commission Enclosures: , . . Office of The Clerk of Commissiion Lena J. Bonner, CMC Oerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - F.OX (706) 821-1838 October 18, 2000 Mr. Eric Montgomery Historic Augusta, Inc. 11 0 Tenth Street Augusta, Georgia 30901 Dear Eric: Enclosed is a check in the amount of $18,750 representing 75 percent of your fiscal year 2001 State Appropriations under the Georgia Department of Community Affairs Local As:~istance Grant Program. Should you have any questions or need any additional information, please feel free to call. V,):y yours, ((l:{!~ r Clerk of Commission Enclosure: I.. , . '. . AUGUSTA-RICHMOND COUNTY COMMISSION 039639 DESCRIPTION P.O. NUMBER INVOICE NUMBER INVOICE AMOUNT NET AMOUNT 3RANT 01CL429 18,750.0.0 0.00 18,750.00 - CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 039639 10/06/00 18,750.00 0.00 18,750.00 j- ::I1l;;)''1:t.U1:n,alm..''':ItIlIHlh'll=ai1t:'.~~.1:""~'. ~Wftli1:,,!tU:1:11t11(II.1.;U.HII:I;),,'i;.4~n 4iJ'l:Ja: J;Wj::;~ 'If' lW'u;:t,'rf.,; ::I~l 'f::W/lI: ","l:;I'jl';H:l:.f..iJ~\ 'l:.'W 1f.."'f:t.1. f~tVj;..1H UHI :.',!I"':"l'l..H;;;/' Wtl~ i~,lf.fJr~~."" AUGUSTA-RICHMOND COUNTY COMMISSION ~ . ROOM10S;ACCOUNTING DEPARTMENT .~ .530 GREENE STREET AUGUSTA, GEORGIA 30911 1" . PHO~E~706) 821-2334 64-137 611 ...CHECK DATE .. . CHECK:NO; . 10/06/00 039639 . A M()lJ NtT' **$18,750.00 **********~***********************************$18,750ANDNOCENTS VOID AFTER 90 DAYS PAY TO THE ORDER .. OF 78234 WOODROW WILSON HOUSE AJoYvYl c: s8 uJ~ c;'~ ASSISTANT COMPTROLLER REG~NSBANKOFGEORG~ AUGUSTA, GEORGIA 1110 j g b j g III I: 0 b l. 1. 0 1. j 7 5 I: b 8 j 0 1. L. 8 j g L.ul , . ., GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 12, 2000 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $25,000 in Local Assistance Grant funds has been included in the Fiscal Year 2001 State Budget. A brief description of the purpose for the grant is included on the enclosed application form. To begin the paperwork necessary to receive this grant, please complete in detail the attached application form and return it to my office. Once we have received and approved the application, we wiil forward a contract to you. We are delighted to assist you with your community development activities. If you have questions, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Thank you. Sinc:reIY4~ 9::::don Commissioners JH/ aha Enclosure EQUAL HOUSING ~ OPPORTUNITY L:.J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper 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: Jwal1@co.richmond.ga.us LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM ANDY CHEEK RICHARD L. COLCLOUGH WILLIAM B. KUHLKE. JR. STEPHEN E. SHEPARD MARION WILLIAMS WM. "WJLLIE" H. MAYS, m Mayor Pro Tern CHARLES R. OLIVER. P Eo CPA AdmJnJltrator MEMORANDUM To: Historic Augusta, Inc. From: James B. Wall Date: July 26, 2000 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing 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 fonn 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. 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 inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, 1 have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. I have attached two copies of the contract, 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. . t STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~day of ~~ 2000, 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 HISTORIC AUGUSTA, 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 $25,000.00 (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 parks and recreational programs and facilities. 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; m/ Parks, recreational areas, programs, and facilities; o Storm water and sewage collection and disposal systems; o Development, storage, treatment, purification, and distribution of water; o Public housing; o Public transportation; o Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; o Codes, including building, housing, plumbing, and electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted 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, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. S; 50-14-1, et seq.) if the Organization receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. S; 50-18-70, et seq.). Organization shall cooperate fully in responding to such request and making all records, net exempt, available for inspection and copying as provided by law. 7. Organization certifies that it is a tax exempt entity under S; 3 ,i . .- 501(c) of the Internal Revenue Code. 8. Organization acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of LaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982) . "The term I church' 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 corrunon 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 corrununity 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.J 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 :! . .w r 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. 1~t;~~ vii> JY: tJ ATTEST: Sworn to and sub~ibed be re me~this ~ day of /\,., , 2000. Expires: , ~COIlam&ACOUNr, tI.V ~SStON EXPIRES 8-1~1 l~O~ " ~ '!-t',.y j"~"'::::,,"-'% 'r --~~'~~~_r~ -; ..:...-:'........~ /- 's ~ ""-7 -~~ _ = J_: 1 ~~ "-:;"",,,:>,~ .." '-""$ ,....~+-'':---.:; -'. .,..... i : _ \\~~ ,..... 5 ~S\. ~ ..'-"'. ~ ~.....:.~, ~.(c"l'\, ;'~" ... .' Grant No. Ol-C-L-429 STATE OF GEORGIA COUNTY OF DEKALB S'rATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS TIDS AGREEMENT entered into this 28th day of August 2000. 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 Project. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts. an amount not to exceed $25,000 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 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 the Recipient in accordance with the follOwing payment schedule: $18,750 Within ten days of the Department's receipt of the executed Agreement. $6,250 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $25,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. '. Grant No. 01-C-L-429 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials. agents and employees of the Recipient have not violated any applicable federal. state or local conflict of interest laws. ordinances. rules or regulations. including but not limited to, O.C.G.A. ~45-10-20 through 945-10-28 and O.C.G.A. ~36-67A(l) through 936-67A(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 Lel!allv Bindinl! 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 Auditing. 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 Meetings. The Recipient certifies that in approving this Agreement, it has complied with all the open meeting requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated. 9. No A.Ilencv 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; (ii) 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. .~. . I ,Grant No. 01-C-L-429 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 oj LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life 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 Mreement. 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] . I ..' " . . Grant No. Ol-C-L-429 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT By: Mayor ~C4:() Attachments: Exhibit A, "Scope of Services" FOR TIlE DEPARTMENT OF COMMUNITI AFFAIRS By: .' .: " .. Grant No. Ol-C-L-429 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used Richmond County for restoration of boyhood home of President Woodrow Wilson and the boyhood home of U.S. Supreme Court Justice Joseph Rucker Lamar by Historic Augusta, Inc. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. .t' 'I ,J . GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR September I, 2000 t/;.5 j8 bC- 1/2!6//S(IC- Honorable Bob Young Mayor of Augusta 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: The attached contract when executed commits state funds in the amount of $25,000 to Richmond County. 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 the 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 you and the General Assembly in the administration of this grant. If you have any questions, please feel free to call me or either Amy Hill at 404.679.3154 or Bobby Stevens at 404.679.4943. SinCe~elY, ~ ~OI1 Commissioner RECEIVED JH/cm Enclosure cc: Richmond County Legislative Delegation .~RP 05 2000 P~alor's Office ~~gusta-Richmond County EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. - Atlanta, Georgia 30329-2231- (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper , .;SJ'ATE OF GEORGIA GRANT CERTIFICATION FORM , j .Ii' As required by House Bill 1364 of the 1998 Session of the General Assembly, each grant of state funds to a local government from the governor's emergency fund or from a special project appropriation shall be conditioned upon the receipt by the state auditor of a properly completed grant certification form. One Grant Certification Form should be prepared for each grant awarded to the local government The Grant Certification Form(s) should be submitted to the State Auditor with one c,opy of the annual audit report. Questions concerning the preparation and submission of this form should be referred to Local Government Audit Section of the Georgia Department of Audits and Accounts. Instructions for Completion 1. Complete lines A through K on page 2 of this form. Please note that one form should be used for ~ grant from the governor's emergency fund or from a special project appropriation. 2. The appropriate officials should sign and date the section entitled "Certification of Local Government Officials." 3. Attach Independent Accountant's Report.. 4. Mail the Grant Certification Form (including Independent Accountant's Report) with one copy of the audited annual financial report to: State of Georgia, Department of Audits and Accounts Local Government Audits Division 254 Washington Street, S.W. Suite 322 Atlanta, Georgia 30334-8400 5. If the local government meets the eligibility criteria for an agreed upon procedures engagement in accordance with the provisions of the Official Code of Georgia Annotated Section 36-81-7, the local government is responsible for ensuring that the procedures performed by the independent certified public accountant are sufficient in scope to enable the CPA to complete the Independent Accountant's Report. These procedures include examination of grant application and award documentation to become familiar with the terms and conditions of the grant; verification of receipt of grant proceeds; and evaluation of the local government's documentation of expenditures. The purpose of these procedures is to comply with the provisions of House Bill 1364 requiring certification that the grant funds were used solely for the express purpose or purposes for which the grant was made. 6., Whether the local government engages an independent certified public accountant to perform an audit or perform the agreed upon procedures, for purposes of meeting the requirements of House Bill 1364 the independent CPA should be engaged to examine management's assertion of compliance with the requirement to use grant funds solely for the express purpose or purposes for which the grant was made. The independent CPA should conduct the engagement in accordance with the standards for examination engagements for compliance attestation contained in the Codification of Statements on Standards for Attestation Engagements. 7. This form and the accompanying Independent Accountant's Report is required to be filed with the state auditor in conjunction with the annual audit for each year in which grant funds are expended or remain unexpended by the local government. 8. Questions concerning the provisions of House Bill 1364, the State of Georgia Grant Certification Form, or attestation engagements should be referred to Edward Blaha, Deputy Director, Local Government Audit Section, at the address listed above; telephone (404) 651-5115; fax (404) 651- 5608; or e-mail blahaef@mail.audits.state.ga.us , ~'StATE OF GEORGIA GRANT CERTIFICATION FORM ., A Local Government B Information For Year Ended ! , C State A warding Agency , D Grant Identification Number E Grant Title F Grant A ward Date G Grant Amount H Balance - Prior Year (Cash or Accrued or Deferred Revenue) I Grant Receipts or Revenue Recognized J Grant Disbursements or Expenditures K Balance - Current Year (Cash or Accrued or Deferred Revenue) (Line H + Line I - Line 1) Certification of Local Government Officials I have reviewed the information presented above and certify that it is accurate and correct. I further certify that the proceeds of the grant award identified above were used solely for the express purpose or purposes for which the grant was made. I understand that failure to comply with the provisions of the law applicable to this grant award shall result in a forfeiture of such grant and the return to the state of any such grant funds received. Signature of Chief Elected Official Date Signature of Chief Financial Officer Date ~ . . ..~ ., ,", L:,~ .. IndeDendent Accountant's ReDort We have examined management's assertion included in the accompanying State of Georgia Grant Certification Fonn about [name of government]'s compliance during the fiscal year ended [date] with the requirement to use grant proceeds solely for the purpose or purposes for which the grant was made for:each of the following grant award(s): [Individually identify each grant award of governor's emergency funds and/or special project appropriation.] Management is responsible for [name of government]'s compliance with this requirement. Our responsibility is to' express an opinion on management's assertion about the [name of government]'s compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name of government]'s compliance with this requirement and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on [name of government]'s compliance with the specified requirement. In our opinion, management's assertion that [name of government] complied with the aforementioned requirement for the fiscal year ended [date] is fairly stated, in all material respects. ". Lena J. Bonner, CMC Clerk of Commission Office of The Clerk of Commission Nancy Morawski Deputy Clerk MEMORANDUM TO: i\'[s. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE,: September 25, 2000 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Room 806 - Municipal Building 530 Greene Street - AUGUSfA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 Enclosed are checks in the amount of $130, 500 and $7,500 from the Department of Community Affairs. Please issue Augusta-Richmond County checks to the following Local Assistance Grant recipients. NAME ORGAl~A nON GRANT NUMBER GR<\NT AWARD Augusta -Richmond 01-CL-318 $ 7,500 Opportunities AU,gusta-Richmond Museum 01-CL-319 $18,750 Good Hope Social Services 01-C-L-320 S15,000 Augusta-Richmond 01-CL-321 $18,750 (Landscape) Belle Terrace Community Ctr. 01-CL-322 $ 3,750 Augusta-Richmond 01-CL-323 $33, 750 (Eastview Park) Southeastern Firefighters Burn 01-CL-324 $33,000 CSRA Economic Opportunity OO-CL-407 $ 1,250 (RFP) Lucy Laney Children's 00-CL-4 7 5 $ 6,250 Program (RFP) Thank you for your continued assistance. ,. I ~' INVOICE NUMBER 01-C-L-318 01-C-L-319 01-C-l-320 01-C-L-321 01-C-L-322 01-C-l-323 01-C-l-324 INVOICE DATE 09/14/2000 ' 09/14/2000 09/14/2000 09/14/2000 09/14/2000 09/14/2000 09/14/2000 STATE OF GEORGIA OEPARTMENT OF COMMUNITY AFFAIRS ATLANTA, GA BANK 1100-1000 Check No: Check Dale: Check Total: 0000041170 09/15/2000 $130,500.00 Page 001 OF 001 Vendor No: 0000013727 Vendor Name: AUGUSTA-RICHMOND COUNTY 000015622 000015625 '000015620 000015637 000015618 000015614 000015613 GROSS AMOUNT 7,500.00, 18,750'.00 15,000.00 18,750.00 3,760.00 33,760.00 33,000.00 DISCOUNT TAKEN AMOUNT PAID 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,500.00 18,750.00 15,000.00 18,750.00 3,750.00 33,750.00 33,000.00 ., -.-.........- -' .'...........:-.i-.-:".._~ ~,' '.--, .' --_J::'.)'._._~:,:~.i~ ~ ~::;~~,'~.~~"..~~~-,~.~--<,';"~ ':~.\'.::~~:. f:"'s,: ,~,"'\:~'?;"": :li<, A,qT'::\;:' ,j~\I;~~(pSW~T.EqE~GEQIR~t~. .A~j~:" (.f;;-;~ ~;~"dl!~ ',. C.~;' /:<'!64'~\lJ610 ,",-:.(j ""'I"""",''':' . ~,M1 ~O.EPAR.'tMENTOF",COM"'UN1:"-Y,,,,AFFAnS\ "" >^. .,:' ,. ".::',:"',:) '''->:''''" . ,"",. ' ; -,:",:,",:~:/ : ~;.:!. ~.80-'-i)CECUnVEi!-PARK.rSOUTRf;N:. E~'rZ~:. .jf;:'[);S'.i'i'. (5{ fin W;1:'- J~tr ' : ~r:' :'~i\>:~.~t;~:::.'i~~~t;~? ~tT~~~~~h:~~ 3.o~tZ:~1 ~'j:;::,~'~:;" ",:' ,- : ''f\', C~:o-~:~',.::.'~ .:,~r, .':":" .g.~Y. I .:.:"(:QJt1f'.'~l!-.~<il.\Z~)'~ 'f'"l" 1~",,)~.(GI'., '~~:I<" 0000041170 o~f~~oO co .\ <~." ":_:;' 0. 'I c.,. '''--:,0 "'':''.'' d,0;~,. . ,oj.," Ch?C,kO~OPO'OO 13727 ",- :..\,', :,J.,," :l';,' ',.,-.' ~ '- . ~:.;i /.".....,J<. ~,.l,~'~ ,'..~;:~}+,"-,.,~:,".~., "Vendor No:: . '\ - , ; paYto~Orderot cAUGUSi"-R'ICHMON~ ~OU~T)~'" . .~:~': [;i?~(~~;:~':~>:-1"; f~(~.~; :~'1, ~~it I; 1"'';:'-:-~ (r ,~,;;.;.. 0::;'~J,";.."j , ':T' !,d ,'153t);'GR.EENE-::STREEr., ;,;.: ;", ,,~, ,,"'-:;; P""-~I' \ '1:::., r I '" .C"" "';-, . ,~_;., ,~,...:-.~,'?'. ~,?~:.;)E:~ .~'.;:: ~,:,:,:, ,;4::,.f.' ....:-h~[::: Cc :-) I PaY1EXactly -"ONE; HUNOR-EDt THtRt'{.JTHOUS'ANp~,F~I:"'E-- HUN.D,RE',[~1.:~7 A~O~ OOtJ'O,O:S **-*.** ,. . (~: (I:"':~: ~:d tf"~~ iR, ~ . .~ 1ftJi\ .' ~" '.~; II!. , .' .. L.::.,",,~,~:~r~~.:o~J","~, :0-::"~~~L;:".~v:.c.__,. '1 I,~ \ I I I" I I I I I I $130,500.00 :,-''1':' ,-..o;-?, ~~~ ",' ,~'J1J "'0 .t'/L {'~r1t) W(! ~c17>~1~.') ~;r,. .1, .~, " ~ ,,\.- \", ~" ~. e ".1;'''0'. h':I; '~1:;!;.'?' . ,_~..::..:.:... ~_"~"_ .'::':""~.?.~...:..~...:;"",~Jt.:-~ ::-~:,;'>.l"~~,,. .:.%..'~,_ Vold.aflor 60 days '~fK~t\ :'Jl~ Jt/ ". :,\ ..~:~ ' I" ~ 'I, '0- c~ t$\ "~ WACHOV IA BANK "."I?" ~ ',:"'. ~'C"'-~ ..: _ ~ ~ ',." ~.~:~ :~. ~I~ 11100000 ~ I. I. 70111 1:0 b 1.0000 1.01: 07 0 I. 7 ~ b Sill .. " Paga 001 OF 001 Vendor No: 0000013727 Vendor Name: AUGUSTA-RICHMOND COUNTY STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS ATLANTA, GA BANK 1100-1000 INVOICE NUMBER 00-C-L-407 00-C-L-475 INVOICE DATE 09/19/2000 09/19/2000 GROSS AMOUNT 1,250.00 6,250.00 DISCOUNT TAKEN 000015764 000015763 ... ___u. _ __.___.._._..._._ '--".- -_._..,-.~.-_......-. 2)~: ti~. S7F.AJ;EQr#GEORGIA. nc ~: ': 'DEPA~iMENj; ;OF 'COMMUIUrv',;AFFAIRS .' , .~ r, ;l.~,'",:','" ".=1"0> !t.,,:60;'E!<ECU;I'I;VE;P~RKrSOUTHr,N:.E"lri" "'''-::1 ". \~\>f L~, \ ~!'AiTLA:N1?A /GA.' 30329-;223,1 \" 'I' '" _, ~ ~: :": 1 r ~: . ,,? /"'. ", j ! r' .... l'"~; . "~~__',,:~~r-f ~:Y.;ij':''ti,,';.\.-;- ~f.;;"I-' 'i"" (~ h J,~ ~.I"1 \ ,~ :(~~ ~. ',' <': \; i~;' '< .~O',~~l . .~~> ./.- . ,'..;t:. ."".- (""00- ,J " c',.../,' -09/20"/2000 ChlOCk Dale, '"~- ,\ ", il_l; ,.PaytD1ho Order of. AUGUSTA~R rCHMONDCOUN1:Y I ,,'530 GREENE STREET' ~ -' - (.1 , /":;,1 " . '>. f''I. r:. /,' " i ,," PayEx~lIy 'SEVEN THOUSAND' FIVE HUNDRE,D ~",,' 't ,::' ;'"..,.... ",~' "<;',ol 1~' AND 00/,100.. S; ****************** . :..'i,.':'c '-r~ i: (:' , \'4, :~. /" \, 'WAC~OV IA BANK ',\." ,:~', '1<,' "H' t...". ," {{;. -'.. . ~" ;~' '~'J!': :'.:'s"!; \ - ~. J l \ ~ , ,.' \ '; flo. ; ( . ... .., ;"". " ~i". . l- ~ . ~-:."..:-.... '1I ,-. .~.. 11100000... l.. 2 g ~1I1 1:0 b l.0000 l.01: O? 0 l.? ... b 5111 Check No: Check Data: Check Total: 0.00 0.00 (~, ~ .~ ~ t.:- _ :t. " I ii -:<j~'- C ~ ' " . \ 0000041293 09/20/2000 $7,500.00 AMOUNT PAID , ' 1,250.00 6,250.00 .{Q:~6~":'U610 P. . ,.' .~ ~ ~ '<>.~i~ :OOOO'O~;t293 Check No V~orND: '0000013727 ,~: l~': ,".. .,' .....' _..J....J _~~. " $7.500.00 ~-;::>""< ;,:.>0' Void.af!8r 60 days ~&:J;' ....;"";,,.:,,,,'- :~::'~-;:'- ;..-...;'::,:=;.,'"~;" Office of the Mayor Bob Young, Mayor Room 806, Municipal Building 530 Greene Street, Augusta, GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us October 3,2000 Honorable Jim Higdon, Commissioner Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329 - 2231 Dear Commissioner Higdon: Enclosed are the following executed agreements for the following grant recipients: ORGANIZATIONS AMOUNT OF GRANT AWARDS Harrisburg West End $25,000 - Food for the poor. Neighborhood S('~\\\J-l Association Good Hope Social $ 5,000 - Contract services Service - RFP 01-CL-320 As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Enclosures: ~t ~... ;::-',: ,~:.. '.': :~" ~~~1;~..' .~.~ :. .~, _4 ~ .;- '". .J<, . ...; . .. ""'. . ..\.,- --:1';-' "~...,; ~ t.' . ." ~ ,;'Y'~. ,- :: '.j . . , -,'.. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 LA GRANT AGREEMENT NUMBER~ C-L-320 RECIPIENT: GOOD HOPE SOCIAL SERVICES LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT 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 comer of the grant agreement. GENERAL INSTRUCTIONS: 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 Hill at (404) 679-3154. 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 funds provided by this grant have been spent in ccordance with the terms and conditions of the Agreement and that the information stated herein is true and accurate. CERTIFICATION: Name and Title Bob Young, Authorized S' ature Date (t; ~ GOOD HOPE SOCIAL SERVICE 710 East Cedar Street Po. Box 2545 Augusta, Georgia 30903 Phone (706) 722-2779 Fax (706) 722-1933 Bro. George Grant, Director Dr. Johnny R. Harney, Pastor October 2, 2000 Augusta-Richmond County Commission - - Room -1 05,AcGounting~Department - ~--- . 530 Greene Street Augusta, Georgia 30901 Dear Sirs, We, the Good Hope Social Service, would like to thank you for the receipt of the $15,000.00 payment on our $20,000.00 grant allotment. However, the project has ended and we are requesting the final payment of $5000.00. Thank- you for helping us serve the people in our community. __L..____ ~ .teak ~ Wid /I 11i9- ~eMt~ , , Application for Local Assistance Grant Local Assistance Grants are made pursuant co O.c.G.A ~50-8-8(a) which provides in pertinent part: "The department shall make grants to eligible recipients O!' qtutlified local governments, which grants are specified by amount, recipient, and purpose in an appropriation to the department" 1. Recipient identified by che General Assembly in Appropriations Act: Augusta/Richmond County . 2. Amount appropriated by General Assembly: $20,000 3. Purpose of the Local Assistance Grant as specified by che General Assembly in che Appropriations Act: Contract for services with Good Hope Social Services summer school program in AugustaJRichmond County 4. Information Required by the Department of Community Affairs fotAward: a. Please provide a detailed description of the project, location, type of work to be initiated, and for what purposes the funds awarded through this grant would be used. Attach additional pages if necessary. See attached summary labeled pages 1 & 2. b. Please provide a budget for the proposed project, listing all revenues and expenditures. See attached detailed budget Project Revenues Project Expenditures Local Assistance Grant $20,000 $20,000 Local Gove. -0- -0- Ocher 0 -0- Total $20,000 $20,000 c. Provide expected project start up and project completion dates: - - --- B~nninK Dau Completion Dau 5. Concact Information: Please provide the following contact information for the grant. Name: Dr. Johnny R H~tney Address: Good Hope Social Service Ministry Inc. City: Telephone: 7 0 6 - 7 2 2 - 1 0 3 1 Facsimile: 7 0 6 - 7 2 2 - 1 9 3 3 E-mail: 710 East Cedar Street Augusta, Georgia State: Zip: 30901 Name: George Grant Address: Good HOlle Social Servi ce!'; Mi ni !';t"ry J Tnt" 710 East Cedar Street City: Augusta State: GA Zip: 10QOl Telephone: 706-722-1031 Facsimile: 706-722-1933 E-mail: 6. Certification I, the undersigned authorized represencative of the local government described in this application. certify that to the best of my knowledge, the information in this application is true and correct and the Local Assistance Grant subject to this appli . on will be used for the purposes outlined above. I further certify the local government described in this ap Ii ~h all-1jl:qu' ite p~ and authority to expend funds for the purposes set forth herein. :;., ~J~/~O -Mayor Pro Tem . 11 ~ - ~ -2000 Dat~ Johnny R. Hatney Name (please print) Executive Director TItle For additional information or assistance, please concact Amy Hill at (404) 679-3154 or Bobby Stevens at (4Q4) 679-4943. Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta. GA 30329-2231 www.dca.state.ga.us 6/00 Good Hope Social Services 710 East Cedar Street Augusta, GA 30901 (706) 722-2779 CAMP HOPE SUMMER PROGRAM A. BUDGET Staff Director Assistant Director 6 Teachers 4 Teacher Assistants Recreation Director Arts & Crafts Director Lunchroom Coordinator (2)Bus Drivers Administrative support Sub-total $ 900.00 $ 800.00 $3,600.00 $1,500.00 $ 600.00 $ 600.00 $ 500.00 $ 1,200.00 $ 500.00 $10,200.00 Resource & Services Honorariums $ 600.00 Arts & Crafts supplies $ 400.00 Educational Materials $ 800.00 Office Supplies $ 400.00 Lunches/Snack (daily) $1,800.00 Field Trips $ 400.00 Incentives (attendance-leadership recognition) $ 500.00 Resource Personnel (Speakers) $ 600.00 Back to School DayActivities $3,000.00*** End of Camp Activities $ 600.00 Transportation(gas for busses and rental ofvans)$l, 700.00+ Sub-total Total budget $10,800 $21,000.00 +Rental van was an unforeseen expense. Vans were used when buses were inoperable. ***These activities include purchasing school uniforms for all participants and providing back to school items such as notebooks, pens, pencils and book bags. These items will be distributed on "Back to School Day" to each participant of the Camp Hope program and to children in the surrounding communities. Page 3 The Camp Hope Summer Program is a tutorial and enrichment program designed interest participants in implementing basic and fundamental developmental approaches to learning by providing instructions to participants in the area of math, reading, language arts and writing skills. The program hopes to . Empower participants by promoting self-sufficiency and growth through participation of activities that will encourage and stimulate the mind, body and soul . Ensure that children can be successful when educational, emotional, social, spiritual and physical needs are met . To encourage participants to utilize community resources that will allow them to function independently outside of their community The children (65) participating in the program are currently students that are involved in the Good Hope Social Services Mter School Bridging Program. The students are recruited mainly from the Hornsby Elementary, Houghton Elementary and East August Middle Schools in the East Boundary area of Augusta. The general intent of the program is to build among the participants a sense of self.esteem, a consciousness of identity, and a feeling of pride in their accomplishments through a multidisciplinary program. The program will meet Monday through Friday, 10:00 a.m.. - 2:00 p.m beginning in June, 2000. Each day the children will participate in programs designed to enhance and strengthen weakness that are evident in various school subjects. The academic enrichment component will focus on providing tutorial assistance to program participants in areas where they are experiencing difficulty. Homework assistance as well as academic aid and materials will be provided to enrich and/or raise the achievement levels of program participants. Another area that will be addressed includes the importance of acquiring effective study habits. The Academic Enrichment Component will involve deviation from the traditional classroom and textbook methodology. It will concentrate on the use of activities including games, models, audiolvisual aids, and resource professionals such as dentists, doctors, law enforcement personnel, and other consultants. In addition, a computer lab component is included as part of the academic enrichment component. This service is designed to enhance the computer skills of participants, no matter the age or skill level of the participant. The goals of the program are to: . Provide for the participant's intergenerational, interdisciplinary learning experiences that are based on math, reading, writing and language arts. . Make the experiences relevant to the lives and experiences of the participants . Stimulate discussion and interaction among participants through active participation, classroom exercises in the major disciplines and through other experiences. . Help participants feel comfortable and to lead them to recognize the constructive role learning play in their every day lives. . Encourage participants to visit museums, libraries and other cultural institutions. The most salient asset of the Camp Hope Program includes a commitment to parent involvement, an openness to collaborate, and the high degree of readiness for such a program. Good Hope Social Services (GHSS) in conjunction with the Camp Hope program desire to reach all of its parents has been evident in a number of ways, including their support of the program currently operating and explicit statements of the importance of parental involvement in the lives of their children. Besides giving parents another means with which to communicate with their children, the project will cultivate and reinforce many of the skills that are necessary for family health. Inherent is the use of problem solving skills. Sharing and cooperation are indispensable for 1 the completion of every project. Also, just as with any other constructive activity, success requires self-discipline. In addition to being a tool for encouraging healthy family interaction, the program can give participants insight into their culture and pride in the accomplishments of individuals in that culture. For example, African-American history will be explored, and family traclitions will be studied. Also, many of the projects are aimed at self discovery and identity. Staffing and Administration: The program will be staffed primarily by teachers from the Richmond County Board of Education, with assistance from the GHSS Mter School staff and Director. The GHSSM Mter School staff will assist with transporting participants' to and from the project site. Volunteers will be used to help with supervision of the younger children. Principal Director: This position will oversee the implementation of the project, oversee the budget and serve as the primary contact for the project. Program Director: This position win oversee the project and design of the program, serves as liaison to the social service agency (Good Hope Social Services), and supervise the lead teacher and all other teachers. The program clirector will also assist in training the teachers and in planning the curriculum. Lead Teacher: This teacher will recruit jointly with the program director all other teachers and will assist in their training. In adclition, he or she will develop the curriculum. Also, he or she will buy supplies and will oversee the day to day program. Teachers: There will be 6 teachers, 4 Assistant teachers, who will implement the curriculum. Volunteers: Several student teacher interns from Paine College will help with the implementation of the goals and objectives of the project and assist the teachers in meeting those goals.. Curriculum: The curriculum will focus on the following themes: math, reacting and writing comprehension, and language arts, in addition to special emphasis on self-image, self-esteem, family, community, African-American History, and family activities. The program will be held every day, Monday through Friday, beginning June, 2000. The hours are from 10:00 a.m.- 2:00 p.m. ALl program activities will be conducted at the Good Hope Social Service Camp Hope site which is located at 710 East Cedar Street, Augusta, GA. 2 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 12,2000 Honorable Bob Young, Mayor AugustaIRichmond County 530 Greene Street Augusta, Georgiaa 30911 Dear Mayor Young: I am pleased to advise you that $20,000 in Local Assistance Grant funds has been included in the Fiscal Year 2001 State Budget. A brief description of the purpose for the grant is included on the enclosed application form. To begin the paperwork necessary to receive this grant, please complete in detail the attached application form and return it to my office. Once we have received and approved the application, we will forward a contract to you. We are delighted to assist you with your community development activities. If you have questions, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Thank you. :in~erel~ tgdon Commissioner JH:bsa Enclosure EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper 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: Jwal1@co.richmond.ga.us LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM ANDY CHEEK RICHARD L. COLCLOUGH WILLlAlVl B. KUHLKE, JR. STEPHEN E. SHEPARD MARION WILLIAMS WM. "WILLIE" H. MAYS, III Mayor Pro Tern CHARLES R. OLIVER, P E, CPA Administrator MEMORANDUM To: Good Hope Social Services From: James B. Wall Date: July 26,2000 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, 011 August 17, 1999 addressing 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. 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 inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. I have attached two copies of the contract, smce 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. Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 July 18, 2000 Dr. Johnny R. Hatney, Executive Director Good Hope Social Service Ministry, Inc. 710 Cedar Street Augusta, Georgia 30901 Dear Dr. Hatney: Enclosed is an application form from the Georgia Department of Community Affairs regarding the Local Assistance Grant from Fiscal Year 2001 State Budget, which was awarded to your agency through the efforts of our local Legislative Delegation. Please complete the highlighted areas on the form and return promptly to my attention. Also, please execute the enclosed contract between your agency and the city, which is needed to aid in the release of funds. Should you have any questions or need any additional information, please feel free to call. nner, Clerk of Commission Enclosures: . r" C'... STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~day of (jy fft 2000, 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 GOOD HOPE SOCIAL SERVICES hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of Community Affairs and to Augusta a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, Augusta deems the services to be provided by the Organization as essential and necessary for the citizens of Augusta and acknowledges that the Organization can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. Augusta agrees to appropriate to the Organization, and the Organization accepts, the sum of $20,000.00 (the "Funds"), to be paid to Organization upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the Organization agrees to perform the following services, which Augusta has determined renders a substantial benefit to its citizens, to wit: To provide a program for inner city children, thereby promoting public safety. 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: ~ 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; o Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; o Codes, including building, housing, plumbing, and electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted 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, 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 inforn~tion 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 denominaticn 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 patte]~n 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.J 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. GOOD HOPE SOCIAL SERVICES ::~~. s its ~ . ~' As its ATTEST: Title: ATTEST: Sworn to and subscr~bed before me this 3!!d! day of ~ ~~' 2000. Nol~i~ (?~~, My; COIJuni/iq~ EXQires: 5 /~/ ~~tf;Y , ' / /. ~'- -. f ::<'-.'.,-, 5 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR August 24, 2000 RECE\\fEO ~U{l 2 S 1000 Ma~or's Otilce hi . "'mood Coun"J AUgusta-R\C,' Honorable Bob Young G - - Mayor of AugustaIRich )).; ""\ 530 Greene Street LV jJ \'J.J, Augusta, Georgia 30S' c] 't-J() .rc::.'---- Dear Mayor Young: C~S ycs The attached l-v.. Augusta/Richmond County. tmits state funds In the amount of $20,000 to 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 the 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 you and the General Assembly in the administration of this grant. If you have any questions, please feel free to call me or either Amy Hill at 404.679.3154 or Bobby Stevens at 404.679.4943. Sinc~:Y*~ ~igdOn Commissioner HI/cm Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper Grant No. OI-C-L-320 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 17th day of August 2000. 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 authorized by the provisions of a.c.G.A. 1350-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and ' WHEREAS, the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend funds for the purposes set forth herein; NOW, THEREFORE. in consideration of the mutual covenants and warranties contained herein and other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged. the parties agree and covenant as follows: 1. Scope of Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts. an amount not to exceed $20.000 to be used solely for the purposes specified in the attached Exhibit A. which is incorporated herein by reference and made a part of the Agreement. 2. 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 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 the Recipient in accordance with the following payment schedule: $15.000 Within ten days of the Department's receipt of the executed Agreement. $5.000 Upon receipt by.the Department of written certification of project completion in accordance with this Agreement. $20.000 Total Disbursement ' 4. Applicable Dates. The effective date of this Agreement is specified on page one. " ,., i Grant No. 01-C-L-320 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials. agents and employees of the Recipient have not violated any applicable federal. state or local conflict of interest laws. ordinances. rules or regulations. including but not limited to. O.C.G.A. 845-10-20 through 845-10-28 and O.C.G.A. 836-67 A(l) through 836-67 A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally. the Recipient attests that all officials of the Recipient have certified the same, 6. Enforceable and Legally 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. Monitoring and Auditing. 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 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 perfonning any and all obligations under this Agreement. . 10. Termination. The Department may terminate this Agreement. with or without cause. upon five business days written notice to the Recipient. If at the time of termination. any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. 11. Satisfaction. In the event the Department determines. in its sole discretion. that the Recipient: (n has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (iii) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal. state or local law. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. 'I . . Grant No. 01-C-L-320 Page 3 of 5 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. 1. Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City 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. 19~8 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 A,l!reement. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise, other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. [Executions on following page] v . ,. Grant No. Ol-C-L-320 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 COMMUNITI AFFAIRS V' k By: By: Mayor Attachments: Exhibit A, "Scope of Services" . -'II' Grant No. OI-c-L-320 Page 5 of 5 EXHmIT A The Local Assistance Grant shall be used by Augusta-Richmond County to contract for seIYices with Good Hope Social Services summer school program in Augusta/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 seIYices by the named private entity. or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate. suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites, These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. ," STATE OF GEORGIA GRANT CERTIFICATION FORM 'As required by House BiJl1364 of the 1998 Session of the General Assembly, each grant of state funds to a local government from the governor's emergency fund or from a special project appropriation shall be conditioned upon the receipt by the state auditor of a properly completed grant certification form. One Grant Certification Form should be prepared for each grant awarded to the local government. The Grant Certification Form(s) should be submitted to the State Auditor with one c.opy of the annual audit report. Questions concerning the preparation and submission of this form should be referred to Local Government Audit Section of the Georgia Department of Audits and Accounts. Instructions for Completion 1. Complete lines A through K on page 2 of this form. Please note that one form should be used for each grant from the governor's emergency fund or from a special project appropriation. 2. The appropriate officials should sign and date the section entitled "Certification of Local Government Officials." 3. Attach Independent Accountant's Report. 4. Mail the Grant Certification Form (including Independent Accountant's Report) with one copy of the audited annual financial report to: State of Georgia, Department of Audits and Accounts Local Government Audits Division 254 Washington Street, S.W. Suite 322 Atlanta, Georgia 30334-8400 5. If the local government meets the eligibility criteria for an agreed upon procedures engagement in accordance with the provisions of the Official Code of Georgia Annotated Section 36-81-7, the local government is responsible for ensuring that the procedures performed by the independent certified public accountant are sufficient in scope to enable the CPA to complete the Independent Accountant's Report. These procedures include examination of grant application and award documentation to become familiar with the terms and conditions of the grant; verification of receipt of grant proceeds; and evaluation of the local government's documentation of expenditures. The purpose of these procedures is to comply with the provisions of House Bill 1364 requiring certification that the grant funds were used solely for the express purpose or purposes for which the grant was made. 6.. Whether the local government engages an independent certified public accountant to perform an audit or perform the agreed upon procedures, for purposes of meeting the requirements of House Bill 1364 the independent CPA'should be engaged to examine management's assertion of compliance with the requirement to use grant funds solely for the express purpose or purposes for which the grant was made. The independent CPA should conduct the engagement in accordance with the standards for examination engagements for compliance attestation contained in the Codification of Statements on Standards for Attestation Engagements. 7. TIlls form and the accompanying Independent Accountant's Report is required to be filed with the state auditor in conjunction with the annual audit for each year in which grant funds are expended or remain unexpended by the local government. 8. Questions concerning the provisions of House Bill 1364, the State of Georgia Grant Certification Form, or attestation engagements should be referred to Edward Blaha, Deputy Director, Local Government Audit Section, at the address listed above; telephone (404) 651-5115; fax (404) 651- 5608; or e-mail blahaef@maiI.audits.state.ga.us STATE OF GEORGIA GRANT CERTIFICATION FORM A Local <Jovernrnent B Information For Year Ended . I C State Awarding Agency . D Grant Identification Number E Grant Title F Grant A ward Date G Grant Amount H Balance - Prior Year (Cash or Accrued or Deferred Revenue) I Grant Receipts or Revenue Recognized J Grant Disbursements or Expenditures K Balance - Current Year (Cash or Accrued or Deferred Revenue) (Line H + Line I - Line 1) Certification of Local Government Officials I have reviewed the information presented above and certify that, it is accurate and correct. I further certify that the proceeds of the grant award identified above were used solely for the express purpose or purposes for which the grant was made. I understand that failure to comply with the provisions of the law applicable to this grant award shall result in a forfeiture of such grant and the return to the state of any such grant funds received. . Signature of Chief Elected Official Date Signature of Chief Financial Officer Date Independent Accountant's Report We have examined management's assertion included in the accompanying State of Georgia Grant Certification Form about [name of government]'s compliance during the fiscal year ended [date] with the requirement to use grant proceeds solely for the purpose or purposes for which the grant was made for;each of the following grant award(s): [Individually identify each grant award of governor's emergency funds and/or special project appropriation.] . Management is responsible for [name of government]'s compliance with this requirement. Our responsibility is to' express an opinion on management's assertion about the [name of government]'s compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name of government]'s compliance with this requirement and perfonning such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal detennination on [name of government]'s compliance with the specified requirement. In our opinion, management's assertion that [name of government] complied with the aforementioned requirement for the fiscal year ended [date] is fairly stated, in all material respects. AUGUST~~RICHMOND COUNTY COMMISSION 039036 ',',. ....'DESCRIPTION ,', I P,O, NUMBER . INVOICE NUMBER INVOICt:.AMOUNT:' ."",' /, .":',, NET:AMOUNT. GRANT 01CL320 15,000.00 0.00 15,000.00 - - . CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 039036 09/29/00 15,000.00 0.00 15,000.00 10 11' I '0 "11 ;. I~,,~i," '''II,:'i:;':h~':ill':,~,; :,~'i;''';d'\',:;'IL':'''':., .,': , ',1 >>>tUGlJ'S;TA:-RICHMOND. COUNTY ~':.' COMMISSION '.! 1~.(~U~T1NG:DEPARTMem: ~530~GREEIIIE STREET,J,.: ,." , '-tiGlJ~A't;~I:ORGIA' 30911',', f1!,N~Ett7081821-23U ',' ,'. '. ' ~'L~_~yr/ ) 0' . , . " I II' " . 'I . " 0 64-137 611 ~~~fi~~{If~!ml.:~I.;t "fB;lt{f;i~q.!~ q9'/2 9~E)j~~ ~:O 3 9:0:3 ~-~ ,;j<;;;~0f~MQlI~T'!i~\', u *"*,****' *;;Jfl'l**'f..1!;"0~,-fr**i*:*~*:"~~";** *,**'**:t* ****** *,'***"*'$15 I OO~OANDNO,CEN':CS, '>f ~~l fl'JI--' j1~,,~ ~;~:'~ct' ,.'1""1 " ' "::',.,,.: ':',,!'::, ' ,J"'" , ~~'(,'___~)>~i'I! ~~-:", ~:__,_~~. ~~.j''l \'J~,~"---, - -- 7-;~~ .5: VOID AFTER 90 DAYS PAY TO THE , ORDER' . . OF~~/ TOI042 GOOD HOPE SOCIAL SERV AlOYvYt,a ;6J. wALb C;-/>1.-<O ASSISTANT CoMPTROllER --.'i REGIONS BANK OF GEORGIA AUGUSTA, GEORGIA -, -., '- III 0 j I:i 0 j b III I: 0 b ~ ~ 0 ~ j ? 5 I: b a j 0 ~ ... a j I:i ... II' GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COlVl1\nSSIONER Roy E. Barnes GOVERNOR September 20, 2000 Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 30911 I Dear Mayor Young: Enclosed is a check in the amount of $130,500.00 representing the fIrst payment under the following Local Assistance Grants: # 01-C-L-318 $7,500 - To contract for services with the Augusta-Richmond Opportunities Center, Inc. # 01-C-L-319 $18,750 - To promote collection and management efforts of the Augusta/Richmond County Museum. #01-C-L-320 $15,000 - To contract for services with Good Hope Social Services summer school program in Augusta-Richmond County. #01-C-L-321 $18,750 - For landscaping and flowers for Augusta/Richmond County. #Ol-C-L-322 $3,750 - To contract for services with Belle Terrace Community Center for summer programs in AugustaJRichmond County. #01-C-L-323 $33,750 - Improvements to a recreation facility and adjacent facilities III Augusta/Richmond County. #Ol-C-L-324 $33,000 - To contract for services with Southeastern Firefighters Bum Foundation in Richmond County. Also enclosed are copies of the executed contracts for your files and Local Assistance Grant Request for Final Payment Form. This form must be completed and returned once you have completed your project and expended the full amount of the grant funds. Upon receipt of this form we will issue the final payment. Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EaUAL HOUSING ~ OPPORTUNITY L..:.I 60 Executive Park South, N.E. · Atlanta. Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us An Equal OppOrtlllliry Employer @ Recycled Paper (I} Application for Local Assistance Grant Local Assistance Grants are made pursuant to O.c.G.A. ~50-8-8(a) which provides in pertinent pan: "The department shall make grants to eligible recipients or qualified local governments. which grants are specified by amount, recipient, and purpose in an appropri4tion to the departmentn 1. Recipient identified by the General Assembly in Appropriations Act: AugustaIRichmond County 2. Amount appropriated by General Assembly: $20,000 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Contract for services with Good Hope Social Services summer school program in Augusta/Richmond County 4. Information Required by the Department of Community Affairs for. Award: a. Please provide a detailed desaiption of the project, location, type of work to be initiated. and for what purposes the funds awarded through this grant would be used. Attach additional pages if necessary. See attached summary labeled pages 1 & 2. b. Please provide a budget for the proposed project. listing all revenues and expenditures. See attached detailed budget Project Revenues Project Expenditures Local Assistance Grant $20,000 $20,000 Local GOvt. -0- -0- Other 0 0- Total $20,000 $20,000 c. Provide expected project Start up and project completion dates: - - --- B~nnin! DiIU Completion DiIU 5. Contact Informarion: Please provide the following contact information for the grant. Name: Dr Johnny R H~~npy Address: Good Hope Social Service Ministry Inc. City: 710 East Cedar Strpet Augusta, Georgia Stare: Zip: 3090 1 Telephone: 7 0 6 - 7 2 2 - 1 0 3 1 Facsimile: 70 6 - 7 2 2 - 1 9 3 3 E-mail: Name: Geor~e Grant Ad~ess: Good Hoye Social Servi~e~ Min;~~ry, Tn~ 710 East Cedar Street City: Augusta Srare: GA Zip: 10QOl Telephone: 706-722-1031 Facsimile: 706-722-1933 E-mail: 6. Certification I, the undersigned authorized representative of the local government described in this application, certify that to the best of my knowledge, the information in this application is true and correct and rhe Local Assistance Grant subject to rhis appli . on will be used for the purposes outlined above. I further certify the local government described in this appli g.~,)'y aH-,equi ite p~ and authority to expend funds for the purposes set forth herein. . ~~.--;~' . ~ J ~ I tJ() At. 1ze e Mayor Pro Tem ' / I JUL - ~ -2000 Daft: ,Johnny R. Ha tney Namt: (p/east: prim) Executive Director Titit: For additional information or assistance, please contact Amy Hill ar (404) 679-3154 or Bobby Srevens at (404) 679-4943. Georgia Department of Community Affairs 60 Execurive Park South, NE Atlanta, GA 30329-2231 www.dca.srate.ga.us 6/00 Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 October 30, 2000 Dr. J.R. Hatney, Executive Director Good Hope Social Services, Inc. 710 East Cedar Street Augusta, Ga. 30909 Dear Dr. Hatney: Enclosed is a check in the amount of $5,000 representing final payment of your FY2001 State of Georgia Grant 01CL324 appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program. If I can be of further assistance, please feel free to call. Very truly yours, Lena J. Bonner, Clerk of Commission Enclosure: GEORGIA DEPARTlVIENT OF COlVIMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 12, 2000 Honorable Bob Young, Mayor Augusta/Richmond County 530 Greene Street Augusta, Georgiaa 30911 Dear Mayor Young: I am pleased to advise you that $20,000 in Local Assistance Grant funds has been included in the Fiscal Year 2001 State Budget. A brief description of the purpose for the grant is included on the enclosed application form. To begin the paperwork necessary to receive this grant, please complete in detail the attached application form and return it to my office. Once we have received and approved the application, we will forward a contract to you. We are delighted to assist you with your community development activities. If you have questions, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Thank you. SinCerel~y, . . * .\ , ' . ,I .. ,-t-A..:t...__ 1..---; It ~ J 11m Higdon Commissioner JH: bsa Enclosure EQUAL HOUSING ~ OPPORTUNITY L.:.J 60 Executive Park South, ;\I.E. . Atlanta, Georgia 30329-2231' (404) 679-4940 www.dca.state.ga.us rill Equai Oppomuliry EJ/lplul'er @ Recycled Paper A1lGrSTA-RICIDIOND COl~TY COLVIlVlISSION BOB YOUNG Mayor JA-vIES B. WALL CITY A TTOR.:.'\fEY P. O. Box 2125 454 GREENE STREET Al:GUSTA, GEORGIA 30903 Bus. (706) 321-2488 Fa,x 0To. (706) 722-5984 E-Mail: Jwal1@co.richmond.ga.us LEE BEARD UL:.tER BRIDGES JERRY BRIGHAM: HEl~RY H. BRIGHAM ANDY CHEEK RICHARD L. COLCLOUGH WILLIAM B. KUHLKE. JR. STEPHEN E. SHEPARD :\1ARlON WILLIM,1S CHARLES R. OLIVER. P Eo CPA Administrator WM. "WD..LlE" H. )1A YS, III Mayor Pro Tern MEMORAl'fDUM To: Good Hope Social Services From: James B. Wall Date: July 26, 2000 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs. on August 17, 1999 addressing 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 grams 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. 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 inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, [ have included a certification that your organization is not "organized out of belief in God or other supernatural beings". which is a requirement for your organization being eligible for the grant funds. [ 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. STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~day of (j-y lYE' 2000, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Corrunission, (hereinafter referred to as- "Augusta"); and GOOD HOPE SOCIAL SERVICES hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of Corrununity Affairs and to Augusta a proposal to provide certain services as set forth in the Applica~ion for funding filed with the State, which is incorporated herein by reference; and WHEREAS, Augusta deems the services to be provided by the Organization as essential and necessary for the citizens of Augusta and acknowledges that the Organization can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. Augusta agrees to appropriate to the Organization, and the Organization accepts, the sum of $20,000.00 (the "Funds"), to be paid to Organization upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the Organization agrees to perform the following services, which Augusta has determined renders a substantial benefit to its citizens, to wit: To provide a program for inner city children, thereby promoting public safety. 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: g Police and fire protection; D Garbage and solid waste collection and disposal; , Public health facilities and services, including hospitals, ambulance and emergency rescue serv~ces, and animal control; ~ 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; Parks, recreational areas, programs, and facilities; ~ Storm water and sewage collection and disposal systems; Development, storage, treatment, purification, and distribution of water; Public housing; ~ Public transportation; Libraries, archives, and arts and sciences programs and facilities; ~ Terminal and dock facilities and parking facilities; Codes, including building, housing, plumbing, and electrical codes; or 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, 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. 5 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. 5 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 5 3 501(c) of the Internal Revenue Code. 8. Organization acknowledges that one of the cons~raints 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 denominaticn or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contrac~ for services by a religious organization, even if the program is conducted neu~ral1y, 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 corrunon 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.J 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. GOOD HOPE SOCIAL SERVICES ORGAlmO'\'tJ:ON ~- / .. - By, ~~ 4_"0 ii-ft!:, _ ~'>. .' --, ATTEST: Title: ~y.: '\'1-./ As \_( ATTEST: / Sworn to and subscrf.bed before me this --:;:. rt..,/ day of ~ -r ;c:;~, No't~liC t1~: commi/iG;'1 Ex~~res: "5 / ~/ ~./) /j if I//, ~'-' 5 f Grant No. OI-C-L-320 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS TillS AGREEMENT entered into this 17th day of August 2000, 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 authoIized by the provisions of O.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 Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts. an amount not to exceed $20,000 to be used solely for the purposes specified in the attached Exhibit A. which is incorporated herein by reference and made a part of the Agreement. 2. Accountability. The Recipient agrees to expend said funds solely in conformance with this Agreement and to account for said funds in accordance with generally accepted accounting principles. Any funds not expended for the purposes provided herein shall be 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: $15,000 Within ten days of the Department's receipt of the executed Agreement. $5,000 Upon receipt by.the Department of written certification of project completion in accordance with this Agreement. $20,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. Grant No. 01-C-L-320 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials, agents and employees of the Recipient have not violated any applicable federal. state or local conflict of interest laws, ordinances. rules or regulations, including but not limited to, O.C.G.A. 845-10-20 through 845-10-28 and O.C.G.A. 836-67A(1) through 836-67A(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. Monitoring and Auditing. 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 Agencv or Partnershil>. 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 perfonning any and all obligations under this Agreement. 10. Termination. The Department may tenninate this Agreement, with or without cause, upon five business days written notice to the Recipient. If at the time of tennination, 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 detennines, in its sole discretion. that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (il) has failed to complete all or a portion of the actions required under the Agreement; (iii) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal, state or local law, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. Grant No. 01-C-L-320 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. 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 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. 0 l-C-L-320 ~~Y1l .'" ;' ~ '... ........'"'"'. I t~"= :' ,;:- - 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 COMMUNITY AFFAlRS By: Attachments: Exhibit A, ~Scope of Services~ Grant No. OI-C-L-320 Page 5 of 5 EXHffiIT A The Local Assistance Grant shall be used by Augusta-Richmond County to contract for services with Good Hope Social Services summer school program in Augusta/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 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. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR _ October 23, 2000 RECEIVED Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 30911 OCT 2 5 2000 Dear Mayor Young: M::wor's Office Augustci....:i:~;cilmond County Enclosed is the final payment in the amount of $5,000 under Local Assistance Grant #01-C-L-320 to Augusta/Richmond County. If you have any questions, please call Amy Hill at (404) 679-3154. ~lY+ Jim Higdon Commissioner JH/cm Enclosure EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E.. Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper AUGUSTA-RICHMOND COUNTY COMMISSION 040710 DESCRIPT ON P.O. NUMBEI'l INVOICE NUMBEI'l INVOICE AMOUNT . . NET AMOUNT }RANT 01CL320A 5,000.00 0.00 5,000.00 . - . " - -. .- - - - .- - - ,,- . . . - .- -- .- - - . . -- .. - - - -- - -- I DISC TOTAL CHECK TOTAL _Gtf"ECKNUMBER I CHECK DATE TOTAL INVOICES 0407"1D'l10/27 loa I 5,000.00 0.00 5,000.00 - F'AY. tomE: :ORO~"l. ili~~:i~ ,;,:-',' 'tOi0'42. " ,.""." ~ HO' pri...::S.'OCI1I."T.... ~T c':r"f.t \3V~""'" . c. rl..U ~ltB~','>.. '.' <.".~ <~\.: J;;~j!.~. . '.~:-;:.1~:~;:-~.~~:.UG'.~~.)~.:.);~(:;;.:;:~~~{~:. " "';":}'P1"'-~'~ ~'jl':,,1itl~o:r~. .j ';."'\,'"" ,~, . ...... .","Z" . ".: :"io' . r' " . .' <..,[:: .,V .~ ,~~~~;<.l.~~~~;<t~~':..~~~ ~'... , .("..;" he: . *l$S:".o:e:W..,.o.0.-~o,t\\ti, ..~,';. / "',11. - ,f: ,',' jl. :>~:." ~..~~~.;i!1:,:::.i.{~:l;~;.~-)~J~vi~~~i;:M~.,~ii~ :~;tt~~\:~i;::t.:\:. .. ~,*.r:k * * ~ *,,***,*,**'~****'**lr*'**'$5 '0'0' QANDNOCEN:I'.8:' b. .~:~.:.~~:. '~'l ,I '.. ,"1' I . \ 1 ';-"/;'1 '. 4' '1 "~"-'~ ~. .,~... j~j.~~1~~r;.~....'il ~ ,~ " .\ \.' r. 0",1- II .~, ..~ ,fl ~J'....", ~ ...Ijl~ ; '<I; l: It "f,},I~~1 J ',I"l..t \ _..~ ", ,I . I ) I t t l ~ ~ "i I w' ,. ,,\' '~]:f", I \ \ ,'" I" ~~:<;.. (,.>,,: <)':'f;',-;t1';{;'~~1;(;r}~,~~iJ~:~H SER\l': ;"\ .~~.',,~,+~,".~I,".c.r.".:.S:.~..I::.f...:,.~_?'._~.~'~~.'..~,;': Cii ,~A6l ,. ',' '~.... ~' .... '.:. i::(i..: ~i~ ..,(,~~;,..:!~~!~14~~~B~~~g.. <J ".'. .r " , ".( '.1.'1 -;;~,"'::frr:'. ". ."'::,,',.r 1110 L. 0 7 l. 0 III I: 0 b It It 0 l. :l 7 5 I: b a :l 0 .. L. a :l g L. III Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street-AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: October 25, 2000 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards " \ '"".~~. t .";1J.,, r ~\r: tJj~ This check in the amount of $5,000 from the Department of Community Affairs, which represents final payment of Good Hope Social Services, rnc FY 2001 grant award #01-C-L-320. Should you have any questions or need any additional information, please feel free to call. Enclosure: ~ ,'. . ........ . .-.... Page 001 OF 001 Vendor No: 0000013727 Vendor Name: AUGUSTA-RICHMOND COUNTY STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS ATLANTA, GA BANK 1100-1000 INVOICE NUMBER GROSS AMOUNT 5,000.00 INVOICE DATE 10/18/2000 01-C-L-320 000017073 ...-..:-_..:....-::;._,_ rr......~"':.....-..... ~.........~__.~~ ._,,,,,_~ ,'1> STATE OFGEORG"IA '. :OEPAR,TMENT OF 'COMMUNITY ,AF,FAIRS .. j;'.'60"'~XECUU'\lE; PARK, SOUUr.",. E,. ;'~ ;t")' .: !<;;:;;1~~A '<~. 3~~71 "-; , , ,r '., "j:,..~:~, Si ,':':.).>:: 1%.:' " ,... J..... 1':._ ',r , \ It, .~. r '. ., . fl_ ..,', , t "'; , 10/20';2000 , Check Datil " , :'1f.,;':<, -. ~',..,:.!. . ~~ . ~ . '~. \ ';';Pay~lM,Order,ot. AUGUS,TA -R leHMOND. COUNTY ;;2i.i ..:: ~""',, ; '530' GREENE~ STREET -'..~" .. .' ',' " .. ,:': Pa)/Eicactly ',HVE THOUSAND , " "..." '\'.1. , ;, " . , " i" ,.' r;,' ...::, ~ : - I . L '. ,,' . I 'lr . 'AND, 00/100 S' *'********~~**********'**_*******' ". '. "gz" ;' .,~. ,,--;::~\ ',/ ,', ~"",', '1',," ",,-. .' '..., " ,... ,. ,--', .... '. ~ ' ""."~ . '. '~_:{" Z"'-:' , - .' .', '; ','.-> ':~ . :. " .- . . .~ .'. .,' -.' " ' , , . WA.CHOV IA BANK J , .: -..... d~-"';-"":--l1-<<'_: , ,., -. ~- ~,~'~-".t.. .-........ '1'.-;. i""_+~'.'~""~ ,.I"':':.":'. ~.. :.,.I!:......,."'l.,..~ '. 'or-:; .- _ A' 1- 11.00000 ~ 2 2 ~811. 1:0 b .0000 .01: 07 O. 7 ~ b Sill ChOlCk No: Check Date: ChecJc Total: DISCOUNT TAKEN " .' , ." . " 1:..r~. "' {'{;f:~ , ",' l, , - : .f !. "-J" '_; ri: . -;"_' _~...~l/:_:ir.: 0.00 i'.~,i :,.",. { 0000042248 10/20/2000 $5,000.00 AMOUNT PAID 5,000.00 ,',,' 64-1/610 I I , k , ' r . .'.:."" . ,~ ,. , 0000042248 Check No ,Vendor No: '0000013727 . ......... ... ~---::. . 'i!-, ~, ~ "': .. . $5,000.00 ' Voichft8r 1IO days ',- s ~. Application for Local Assistance Grant Local Assistance Grants are made pursuant co O.C.GA ~50-8-8(a) which provides in pertinent part: 'The department shaD make grants to. eligible recipients or qtudified local gavernments, which grants are specified by amaunt, recipient, and purpase in an appropriatian to the department" 1. Recipient identified by the General Assembly in Appropriations Acr: A~usta/Richmond County 2. Amount appropriated by General Assembly: $20,000 3. Purpose of me Local Assistance Grant as specified by me General Assembly in me Appropriations Acr: Contract for services with Good Hope Social Services summer school program in Augusta/Richmond County 4. Information Required by the Department of Community Affairs fOl:Award: a. Please provide a derailed description of the projca:, location, cype of work co be initiated, and for what purposes the funds awarded through this grant would be used. Attach additional pages if necessary. See attached summary labeled pages 1 & 2. b. Please provide a budget for the proposed projea. listing all revenues and expenditures. See attached detailed budget Project Revenues Project Expenditures Local Assistance Grant $20,000 $20,000 Local Gove. -0- -0- Other a -0- Total $20,000 $20.000 c. Provide expecred project scart up and project completion dates: - - --- BeKinning DIZU c"mpktiorl DIlk 5. Comac:: Information: Please provide (he following contact information for the gram. Name: Dr Johnny R 'Rrl+-nRV - Address: Good Hope Social Service Ministrv Inc. Ciry: 710 East Cedar strpet Augusta, Georgia Scace: Zip: 3 0 9 0 1 Telephone: 70 6 - 722 - 1 0 3 1 Facsimile: 7 06 - 7 2 2 - 1 9 3 3 E-mail: Name: George Grant Admess: Good Hone Social Servic~~ Mini~~ryJ Tn~ 710 East Cedar Street Ciry: Augusta State: GA Zip: 10QOl Telephone: 706-722-1031 Facsimile: 706-722-1933 E-mail: 6. Certification I, me undersigned authorized represemative of the localgovernmem described in this application, certify that co the best of my knowledge, me information in dUs application is true and correct and the Local Assistance Grant subject co tliis appli . on will be used for the purposes ouclined above. I further certify the local governmem described in chis appli ~3E/~ aH,equi ice p~ and aumority to expend funds for the purposes set form herein. ~~~ -;//' ffJ'1/t/o At, J..ze e -Mayor Pro Tem ' n JliL - ~ - 2000 Dau .Johnny R. Ha tnev Name (piau print) Executive Director TItle For additional informacion or assistance, ple:!Se comact Amy Hill ac (404) 679-3154 or Bobby Scevens at (404) 679-4943. Georgia Departmem of Community Affairs 60 Executive Park Soum, NE Atlanta, GA 30329-2231 www.dca.srace.ga.us 6/00 \. Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 October 30, 2000 Dr. l.R. Hatney, Executive Director Good Hope Social Services, Inc. 710 East Cedar Street Augusta, Ga. 30909 Dear Dr. Hatney: Enclosed is a check in the amount of $5,000 representing [mal payment of your FY2001 State of Georgia Grant 01CL324 appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program. If I can be of further assistance, please feel free to call. Very truly yours, Lena 1. Bonner, Clerk of Commission Enclosure: GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 12,2000 Honorable Bob Young, Mayor Augusta/Richmond County 530 Greene Street Augusta, Georgiaa 30911 Dear Mayor Young: I am pleased to advise you that $20,000 in Local Assistance Grant funds has been included in the Fiscal Year 2001 State Budget. A brief description of the purpose for the grant is included on the enclosed application form. To begin the paperwork necessary to receive this grant, please complete in detail the attached application form and return it to my office. Once we have received and approved the application, we will forward a contract to you. We are delighted to assist you with your community development activities. If you have questions, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Thank you. Sincerel~, ( . /1;,~ 'r-k7fn.- ~: Higdon Commissioner JH: bsa Enclosure EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231' (404) 679-4940 www.dca.state.ga.us All Equal Opponuniry Employer @ Recycled Paper AUGUSTA-RICHlVIOND COI.:rNTY COMlVIISSION 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: Jwa11@co.richmond.ga.us LEE BEARD ULl'>lER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM ANDY CHEEK RICHARD L. COLCLOUGH WILLIAM: B. KUHLKE, JR. STEPHEN E. SHEPARD MARION WILLIAMS CHARLES R. OLIVER, P E, CPA AdmJnlstr3tor WM. "WILLIE" H. MAYS, III Mayor Pro Tern MEMORANDUM To: Good Hope Social Services From: James B. Wall Date: July 26, 2000 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing 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. 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 inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. r 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. STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~day of d-u/Yt 2000, 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 GOOD HOPE SOCIAL SERVICES 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 Organi zation accepts, the sum of $20,000.00 (the "Funds"), to be paid to Organization upon execution of this Agreement upon the terms set forth in the Grant from the State of Georg~a, 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 a program for inner city chi1dren, thereby promoting pub1ic safety. 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: l(' Police and fire protection; o Garbage and solid waste collection and disposal; ~ Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; ~ 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; Q Development, storage, treatment, purification, and distribution of water; C Public housing; o Public transportation; ~ Libraries, archives, and arts and sciences programs and facilities; Terminal and dock facilities and parking facilities; Q Codes, including building, housing, plumbing, and electrical codes; or ~ 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, 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 inforn~tion 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 denominaticn 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 1 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 conunon system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. Organization certifies that Augusta has made inquiry of 4 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. GOOD HOPE SOCIAL SERVICES ::~7l:;'-~ ~s its,~ ~\ ATTEST: Title: ~y'J: 1~ ATTEST: Sworn to and subscrJbed before me this~) day of ~ -:f ~~, Nl~liC My commi~iO~ Expires: "5 /~I ,,~U if , / /' 5 ~ '. Grant No. OI-C-L-320 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS TillS AGREEMENT entered into this 17u1 day of August 2000. 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 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 Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts, an amount not to exceed $20,000 to be used solely for the purposes specified in the attached Exhibit A, which is incorporated herein by reference and made a part of the Agreement. 2. 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 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 the Recipient in accordance with the following payment schedule: $15.000 Within ten days of the Department's receipt of the executed Agreement. $5,000 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $20,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. " Grant No. 01-C-L-320 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials. agents and employees of the Recipient have not violated any applicable federal. state or local conflict of interest laws. ordinances. rules or regulations. including but not limited to. O.C.G.A. (:i45-10-20 through (:i45-1O-28 and O.C.G.A. (:i36-67A(1) through (:i36-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally, the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Legally Bindinl! 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 Auditing. 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 A.l:!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 tllis Agreement. ' 10. Termination. The Department may terminate this Agreement, with or without cause. upon five business days written notice to the Recipient. If at the time of termination, any funds under this Agreement have not been disbursed to Recipient, said funds shall be retained by the Department. 11. Satisfaction. In the event the Department determines. in its sole discretion. that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (il) has failed to complete all or a portion of the actions required under the Agreement; (tii) 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. 01-C-L-320 Page 3 of 5 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const.. Art. 1. Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City oj LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in tlle 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. Ol-C-L-320 4Llt1 ~pc Page 4 of 5 IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the date fIrst written above. FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS By: By: Attachments: Exhibit A. "Scope of Services" '. ...,;; Grant No. OI-C-L-320 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County to contract for services with Good Hope Social Services summer school program in Augusta/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 prtvate entity, or the prtvate entity that conducts the named program. If the approprtation 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 approprtation is for a grant for renovating the facility of an histortcal society. An approprtate implementation might be a contract for services in which the histortcal society promises that its histortcal displays will be open to the public durtng 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 histortcal 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. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR October 23,2000 RECEIVED Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 30911 OCT 2 5 2000 Dear Mayor Young: M~vor's Office AuguS'W~i:i~cilmond Coun~ Enclosed is the final payment in the amount of $5,000 under Local Assistance Grant #01-C-L-320 to Augusta/Richmond County. If you have any questions, please call Amy Hill at (404) 679-3154. SinC~reIY~ ~gdOn Commi ssi oner JH/cm Enclosure EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper AUGUSTA-RICHMO~D 'COUNTY COMMISSION 040710 : -.' P.o. ,", . ,',' 3RANr 01CL320A 5,000.00 0.00 5,000.00 - . . . - - - .. - - - - -- - - -- -. - - - -- - .- - -- - - I I CHECK NUMBER I CHECK DATE I TOTAL INVOICES DISC TOTAL CHECK TOTAL 040710 110/27/00 I 5,000.00 0.00 5,000.00 1',-',," -, --- -- ~,. I, , ",,'~ ,k. ~"r~,~' ;,;.',' " ,',' .' I,~, ~ f ,: "" ,'" 'I ;,j:' ': ", j ,"~,:~,~~', :,,',. ,'~', ;',;; ':: '~-;,.:: 1': ,~,,- ~UGUSIA:'RlCHMO~DCOUNTY:_' .."". " _,',-,.""",1,",,:, :_:\',"~'.;-i~="', ','Z,'; 'C"., O"M, MISS, ',0, N:, r.:~:~!il;'t:.\ijj, .((,~~".,''Y,',',.,:,'~;,!,c,.".,:.,:)c,.:.::,: ,:i, c ~'; :~"-cRoOM1os.;/(ce6UNTING;bEPAFti~' ':~:,i.J, ',,'"i' , C ;.c,->S30GREENE STRErt ,: ': .:.'~: :1" :", AUGUSTA",GEORG", 30911, ~" ;;d!:":;':, PHONE 1706) 821-2334 , " ,:'},,c,,,, ... ',' , .. L.' , ".:-;::?Jf..i/:,,.,:' ... ,_, ",' " ".'. ',".,:' ,_ ..; , " * ~ * ***~~*-*df:;~~~~t~*"*:**r**} *,~''''',,~~*:r~:*~*~\*T~:**/',**~ $5 I OOOAN!}NOCENJ;S, --_r '~;Il"'; .1')lll'.:"Jj'~. J 111, "\ ,Ill F - -,,' , f' III VOIDAFTER90DAys'l" " 11,.',1; r "I. , , PAY TOTHE , ORDER_, ' OF T01042 GOOD HOPE'SqCIALS~V;;' ".>~) , - iO~a, {{J.tJ~a'~ .. " .' .' 4' .. . II',,'" " -,-SsisTANTCOMFmWLt:ER " r,.,: :., " . . " , , ,',' .' I" ' . ~ . " . , 'l. "". . ,_' , . I .,,' ,,\ REGiONS BANK OF GEORGIA ' AUGUSTA, GEORGIA I ~; .'.". 11-" \' I." " ~-. .,.... 1110 L, 0 7 J. 0 III I: 0 b J. J. 0 J. :1 7 5 I: b 8 :1 0 J. L, 8 :1 ~ L, III Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: October 25, 2000 Ii ~1~\( ~G~ This check in the amount of $5,000 from the Department of Community Affairs, which represents [mal payment of Good Hope Social Services, Inc FY 2001 grant award #01-C-L-320. SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Should you have any questions or need any additional information, please feel free to call. Enclosure: t ~~f:;:~:::.:~":, ~;:~:.-~" '. Page 001 OF 001 Vllnd(lrNo: 0000013727 VlIndorNama: AUGUSTA-RICHMOND COUNTY STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS ATLANTA, GA BANK 1100-1000 Check No: Check Dale: Check Total: ' 0000042248 10/20/2000 $6,000.00 INVOICE NUMBER 01-C-L-320 I INVOICE I VOUCHER I DATE 10 GROSS AMOUNT I DISCOUNT TAKEN I AMOUNT PAID 10/18/2000 000017073 6,000.00 0.00 6,000.00 r" . , .....-~ *" . ..~, ~ ~\:Q '>i\\~:.rt)~' . ~. ....,. .J " .;>>' ,;.:,'..;' .l-:' ." f . ,. ," ~.: :'. ;.: "'. l :.... '.;' . '1r.:, --~-...'-- :...._ ~ ':.__",,.c;-.. ."...:- "' -;-:..-~--._~~ ~'_-:":"'=-_'-;...o.~~_____ i;' '. ;1 ~. STATE OF GEORGIA .DEPARTMENT OF 'COMMUNITY AFFAIRS , 60 EXECUTIVE P.ARK SOUTH N.E"r ' ATLANTA, G'A 30329-2231 '. 64-1/610 I I: r I I. I' I I' '( .~. .1 10/20/2000 Cbeck Data 0000042248 Check Ho VandorHa: 0000013727 PqlDlMOrderot AUGUSTA-RICHMOND COUNTY ~ 630 GREENE STREET I'" .', .~ Pay Exactly ,FIVE THOUSAND AND 00/100 S ...**.*..*.....*.....*.*..**....' $5,000.00 I .... ..gz'M~ Void after 1IO <laya . '. WAC.HOVIA BANI( .~. i: :.~. "- 11.00000 ~ 2 2 ~all. 1:0 b .0000 .01: 07 O. 7 ~ b 511. .. Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: October 16, 2000 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed are three (3) checks totaling $94,000 from the Department of Community Affairs. Please issue Augusta-Richmond County checks to the following Local Assistance Grant recipients: ORGANIZATION GRANT NUMBER GRANT AMOUNT Hale House Foundation GEF-OI-EOO 1-0034 - total $25,000 payment I ARC Clean & Beautiful GEF-OI-E001-003 - total $5,000 payment Communities In Schools GEF-OI-EOOI-307 - total $10,000 payment Southside Tutorial o l-C- L- 5 II $24,000 Augusta Arsenal 01-C-L-472 $30,000 Please return all checks to the Clerk's Office so that they can be forwarded to the appropriate Legislative Representative for distribution. Thank you for your continued assistance. Enclosure: Checks AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY A TIORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: Jwal1@co.richmond.ga.us LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM ANDY CHEEK RICHARD L. COLCLOUGH WILLIAM B, KUHLKE, JR. STEPHEN E. SHEPARD MARION WILLIAMS CHARLES R, OLIVER, P E, CPA AdmJofstrator WM. "WlLLlE" H. MAYS, III Mayor Pro Tern MEMORANDUM To: Hale Foundation, IDe.. From: James B. Wall Date: August 18, 2000 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing 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 m:lkes 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. 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 inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. I have attached two copies of the contract, 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. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS October 5,2000 M~ - __ ~ .Roy E. Barnes ;OVERNOR Jim Higdon COMMISSIONER Honorable Bob Young Mayor, Augusta-Richmond County City-County Municipal Building 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: Enclosed is a check in the amount of $30,000 to Augusta-Richmond County for the following Governor's Emergency Fund grants: $ 5,000 r ,~~*~:,t-llJeefI{Y.t.H $25,000~~/~ #GEF-0l-EOOI-003 #GEF-O l-EOO 1-004 Also enclosed are copies of the fully executed contracts for your files. Please also be aware that as the recipient of a Governor's Emergency Fund grant, you are now required under a new law effective January I, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. I am pleased that we were able to assist you with the funds provided. Sincerely, 9~ <N~d~ Jim Higdon Commissioner JH/ja Enclosures EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper Office of the Mayor Bob Young, Mayor Room 806, Municipal Building 530 Greene Street. I~,ugusta, GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us September 12, 2000 Honorable Jim Higdon, Commissioner Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329-2231 Dear Commissioner Higdon: Enclosed is the following executed Emergency Fund grant contract awarded to the Helle Foundation, Inc. as approved by Governor Barnes. Organization Hale Foundation, Inc. Grant Award $25,000 Purpose Operating expenses 'j As always, we appreciate the Governor's support of our community based programs and the Georgia Department of Community Affair's continued assistance in the administration of Augusta's grant awards. b6 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon CO~nSSIONER Roy E. Barnes GOVERNOR August 8, 2000 RECEIVED AlIG 11 lDDD Honorable Bob Young Mayor of Augusta/Richmond County City-County Municipal Bldg. 530 Greene Street, Room 801 Augusta, Georgia 30911 Mayor's .',.' :":r'" 1,.. . ,'" Augusta-Richmond County Dear Mayor Young: In a recent Executive Order Governor Barnes has approved an Emergency Fund grant for your local government. Enclosed are two copies of a contract that must be executed by you and returned to me. Please sign both copies of the contract and return it to us as soon as possible. Upon receipt, we will promptly issue a check and return a completed copy of the contract to you. If you have any questions concerning this grant, please call Amy Hill at 404.679.3154 or Bobby Stevens at 404.679.4943. On behalf of Governor Barnes, we are delighted to assist you and your citizens in improving community services. Sincerely, ~gdon. Commissioner JH/ j a Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L:.J 60 Executive Park South, N.E. - Atlanta, Georgia 30329-2231- (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this 6i:L day of ~ 2000, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Corrunission, (hereinafter referred to as "Augusta"); and HALE FOUNDATION, INC. (hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of Corrununity 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 $25,000.00 (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 assist with building repairs. 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; 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 u Air quality control 3. Organization further agrees to expend the Funds for the said accounting principles. purposes and to account for such Funds in accordance with generally accepted 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, 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 connon 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 connunity 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. HALE FOUNDATION, INC. ::~Affi A its ~\.br ATTEST: Title: ~zr.: As ATTEST: Sworn to and subscribed before me this day of ~OOO. Notary Public My Commission Expires: 5 .' Grant No. GEF-OI-EOOI-004 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 13th day of July 2000, by and between the Department of Community Mfairs of the State of Georgia (hereinafter referred to as the "Department") and the Augusta-Richmond County Board of Commissioners, 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 Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts. an amount not to exceed $25.000 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 the Recipient in accordance with the following payment schedule: $25,000 Within ten days of the Department's receipt of the executed Agreement. $25.000 Total Disbursement Grant No. GEF-01-E001-004 Page 2 of 5 4. Conflicts of Interest. The Recipient warrants and represents that all of the officials. agents and employees of the Recipient have not violated any applicable federal. state or local conflict of interest laws. ordinances, rules or regulations. including but not limited to, O.C.G.A. ~45-1O-20 through ~45-1O-28 and O.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 officials of the Recipient have certified the same. 5. Enforceable and LeJ:!al1y BindinJ:! 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. 6. Monitoring and AuditinJ:!. 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. 7. 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. 8. 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. 9. Termination. The Department may terminate this Agreement, with or without cause. upon five business days WIitten 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. 10. 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; (ll) has failed to complete all or a portion of the actions required under the Agreement; (ill) 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. GEF-OI-EOOI-004 Page 3 of 5 11. 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 oj LaGrange. 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally. without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett. the Supreme Court indicated that "religious" connotes faith in God. 153 Ga. at 433. or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification. and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect". "cult" and "denomination" also relate to "a distinct organization." with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization." but may also mean a "custom. practice. relationship. or behavioral pattern of importance in the life 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. 12. Entire Mreement. 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. GEF-OI-EOOI-004 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 q~Y' ~ By: ~ Attachments: Exhibit A. "Scope of Services" .. If. Grant No. GEF-OI-EOOI-004 Page 5 of 5 EXHIBIT A The Governor's Emergency Fund Grant shall be used by the Augusta-Richmond County Board of Commissioners to provide funds to the Hale Foundation, Inc. to assist with building repairs. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity. or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity. such as improvement of a facility. Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate. suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. Office of The Clerk of Commission Lena J. Bonner, CMC OeM< of Commission Nancy Morawski Deputy Clerk Room 806 - Munldpal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX(706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE:, October 16,2000 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards ... Enclosed are three (3) checks totaling $94,000 from the Depattment of Community Affairs. Please issue Augusta-Richmond County checks to the following Local Assistance Grant recipients: ORGANIZATION GRANT NUMBER GRANT AMOUNT Hale House Foundation GEF-Ol-EOOl-0034 - total $25,000 payment ARC Clean & Beautiful GEF-01-EOOI-003 - total $5,000 . payment Communities In Schools GEF-OI-EOOl-307 - total $10,000 payment Southside Tutorial o l-C-L-511 $24,000 Augusta Arsenal 01-C-L-472 $30,000 Please return all checks to the Clerk's Office so that they can be forwarded to the appropriate Legislative Representative for distribution. Thank you for your continued assistance. Enclosure: Checks - AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY ATTORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: Jwall@co.richmond.ga.us LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM ANDY CHEEK RICHARD L. COLCLOUGH WILLIAM B. KUHLKE, JR. STEPHEN E. SHEPARD MARION WILLIAMS CHARLES R. OLIVER, P E, CPA Admlnlstrator WM. "WILLIE" H. MAYS, IU Mayor Pro Tern MEMORANDUM To: Metro Augusta Clean & Beautiful From: James B. Wall Date: August 18, 2000 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing 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 fonn 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. 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 inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. I have attached two copies of the contract, 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. (8 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR August 8, 2000 Honorable Bob Young Mayor of Augusta/Richmond County City-County Minicipal Building 503m Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: In a recent Executive Order Governor Barnes has approved an Emergency Fund grant for your local government. Enclosed are two copies of a contract that must be executed by you and returned to me. Please sign both copies of the contract and return it to us as soon as possible. Upon receipt, we will promptly issue a check and return a completed copy of the contract to you. If you have any questions concerning this grant, please call Amy Hill at 404.679.3154 or Bobby Stevens at 404.679.4943. On behalf of Governor Barnes, we are delighted to assist you and your citizens in improving community services. Sincerely, St · ( 1t~ m Higdon Commissioner JH/ja Enclosure cc: Richmond County Legislative Delegtation EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this~ day o~~~ 2000, 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 METRO AUGUSTA CLEAN AND BEAUTIFUL. (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 provide program expenses. 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: ~ Police and fire protection; Garbage and solid waste collection and disposal; o Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; o Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; o Parks, recreational areas, programs, and facilities; o Storm water and sewage collection and disposal systems; o Development, storage, treatment, purification, and distribution of water; o Public housing; o Public transportation; o Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; o Codes, including building, housing, plumbing, and electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said 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, 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 connon 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 connunity 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. METRO AUGUSTA CLEAN AND BEAUTIFUL ORGANIZATION By':J<<'i~*,,~ ATTEST: Title: As its Mayor ATTEST: C)JJr.> Sworn to and subscribed before me this day of -;2000. Notary Public My Commission Expires: 5 Grant No. GEF-OI-EOOI-003 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 13th day of July 2000. by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and the Augusta-Richmond County Board of Commissioners. 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 O.C.G.A. 950-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend funds for the purposes set forth herein; NOW, THEREFORE. in consideration of the mutual covenants and warranties contained herein and other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged. the parties agree and covenant as follows: 1. Scope of Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts. an amount not to exceed $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. 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 the Recipient in accordance with the following payment schedule: $5.000 Within ten days of the Department's receipt of the executed Agreement. $5.000 Total Disbursement Grant No. GEF-Ol-E001-003 Page 2 of 5 4. Confficts of Interest. The Recipient warrants and represents that all of the officials, agents and employees of the Recipient have not violated any applicable federal, state or local conflict of interest laws. ordinances. rules or regulations, including but not limited to, O.C.G.A. ~45-1O-20 through ~45-10-28 and O.C.G.A. ~36-67A(I) through ~36-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally. the Recipient attests that all officials of the Recipient have certified the same. 5. Enforceable and Lel!a1lv Bindinl! 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 authOIity 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. 6. Monitoring and Auditinl!. Upon request. the Recipient agrees to provide the Department with any information. documents and/or photographs the Department deems necessary to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate books, records and accounts reflecting its administration of Agreement funds and compliance with all applicable laws. Such documentation shall be retained for at least three years from the completion of said project and shall be made available to the Department upon request. The Recipient further agrees that an accounting of these funds shall be included in the next regularly scheduled audit or financial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient acknowledges and agrees that any unresolved findings of the Department concerning expenditure of project funds, whether based on an audit report, financial statement. project completion report or independent investigation of the Department. shall preclude the Recipient from applying for or receiving any further grants or other funds from the Department. until such fmdings are resolved to the satisfaction of the Department. 7. 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. 8. 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 perfonning any and all obligations under this Agreement. 9. Termination. The Department may tenninate this Agreement. with or without cause. upon five business days wrttten notice to the Recipient. If at the time of tennination. any funds under this Agreement have not been disbursed to Recipient, said funds shall be retained by the Department. 10. Satisfaction. In the event the Department detennines. in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (it) has failed to complete all or a portion of the actions required under the Agreement; (iii) has acted in any way contrary to the purposes for which the grant was awarded; or (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. GEF-OI-EOOI-003 Page 3 of 5 II. 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, 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 otller 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. 12. Entire ~reement. This Agreement constitutes the entire agreement among and between the parties. There are no representations. oral or otherwise, other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. [Executions on following page] Grant No. GEF-oI-EOOI-003 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 DEPARfMENT OF COMMUNITI AFFAIRS fBY' By: ~ Attachments: Exhibit A, "Scope of Services" ',. '. Grant No. GEF-OI-EOOI-003 Page 5 of 5 EXHIBIT A The Governor's Emergency Fund Grant shall be used by the Augusta-Richmond County Board of Commissioners to provide program expenses to the Metro Augusta Clean and Beautiful Program. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose. the purpose must be accomplished through a contract for services by the named private entity. or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity. such as improvement of a facility. Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate. suppose the appropriation is for a grant for renovating the facility of an historical society. An approprtate 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. AUGUSTA-RICHMOND COUNTY COMMISSION 040380 DESCRIPTION P.O., NUMBER 'INVOICE NUMBER ' INVOICJ: A~ouNT '.;.' , ...,',' ~. ,NET AMOUNT 3RANT GEF01E0010 5,000.00 0.00 5,000.00 - -- - - .. d . ,.- -- - - - . . - . _. -- - -. . - ... - - -- - - -- -- -- - - - CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 040380 10/20/00 5,000.00 0.00 5,000.00 . ~. , ,I' AUGUSTA-RICHMOND COUNTY Cp~~ISSION ' " ROOM 105, ACCOUNTING DEPARTMENT 530 GREENE STREET AUGUSTA, GEORGIA 30911 /PHO.NEI706) 821-2334 '. , . ',' 4'CHECKDA TE ; CHECK NO. 10/20/00 040380 , .' , i";',~~~~\oAMblJNf<~ lG,~<, ***$5,000.00 ',II ****** ****~* **** *.**:*** *'*,*****'****"1'*** ** ********$5, OOOANDNOCENTS" I , . I ,'e' . , I 1,-- . 'j :;" VOID AFTER 90 DAYS I, PAY TO THE ORDER ," OF 10464 METRO ~UGUSTA CLEAN & BEAUT I FUL ' " ";:'_.J.< A7C1'VYt~ ~ tU~l~ . ,ASSISTANT COMPTROllER ", " ~-'. " " ~ ~'IIII REGIONS BANK OF GEORGIA AUGUSTA, GEORGIA ,Ii II. 0 ~ 0 1 a 0 II. .: 0 b J. J. 0 J. 1 7 5': b a 10 J. ~ a 1 g ~ II. Office of the Mayor Bob Young, Mayor Room 806, Municipal Building 530 Greene Street. Augusta. GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us February 12,2001 Honorable Jim Higdon, Commissioner Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329-2231 RE: Local Assistance Grant Dear Commissioner Higdon: Enclosed is the following Local Assistance Grant Request for Final Payment form for the following organization: ORGANIZA TION Belle Terrace Community Center GRANT NUMBER C-L-322 Thank you for your continued assistance in the administration of Augusta's grant awards. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N .E. · Atlanta, Georgia 30329-2231 BELLE TERRACE COMMUNITY CENTER LA GRANT AGREEMENT NUMBER: C-L-322 RECIPIENT: 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 agteement. 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 comer 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 Hill at (404) 679-3154. Authorized S' 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 funds provided by this grant have been spent in accordance with the terms and conditions of the Agreement and that the information stated herein is true and accurate. CERTIFICATION: Name and Title Bob Young, Mayor Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Interim Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: March 7,2001 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed is a check in the amount of $1,250 from the Department of Community Affairs, which represents final payment of Belle Terrace Community Center's FY 2001 grant award #Ol-C-L- 322. Should you have any questions or need any additional information, please feel free to call. Enclosure: Cc: Mr. Tom Beck, Director, Augusta Recreation Department w/copy of enclosure. .~ 3) fjOj :" :.:= '~':.:.' . : .. Page 001 0 F 001 Venda, No; 0000013727 Vendor Name: AUGUSTA-RICHMOND COUNTY STATE OF GEORGIA "DEPARTMENT OF COMMUNITY AFFAIRS ATLANTA, GA BANK 1100-1000 INVOICE NUMBER INVOICE DATE 02/19/2001 GROSS AMOUNT 1,250.00 01-C-L-322 02/21/2001 Chack Oalo PaYlothoOrderof AUGUSTA-RICHMOND COUNTY 530 GREENE STREET 000021397 STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS ' 60 EXECUnVE'PARK SOUTH N,E. ATLANTA, GA 30329-2231 Pay~~ ONE THOUSAND TWO HUNDRED FIFTY AND 00/100 S **************** WACHOV IA BANK gtM~ 11-00000 t. 5 31 2 211- 1:0 b .0000 .01: O? o.? t. b 511- Check No: Check Dale: Check Total: DISCOUNT TAKEN 0.00 0000045322 02/21/2001 $1,250.00 AMOUNT PAID 1,250.00 64-1/610 0000045322 Chock No VondorHo: 0000013727 $1 .250.00 Void altor 60 daya GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 806 Augusta, Georgia 30911 Dear Mayor Young: February 22,2001 Enclosed is the final payment in the amount of $1,250 under Local Assistance Grant #01-C-L-322 to Augusta-Richmond County. If you have any questions, please call Amy Hill at (404) 679-3154. JH/j a Enclosure /lzr~ im Higdon Commissioner Roy E. Barnes GOVERNOR EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer ~eCYcled Paper RECREATION AND PARKS TOM F. BECK, JR, DIRECTOR 2027 LUMPKIN ROAD P.O. Box 5596 ROBERT HOWARD, ASSISTANT DIRECTOR AUGUSTA, GA 309 I 6-5596 (706) 796-5025 FAX (706)796-4099 February 8,2001 FROM: Ms. Lena Bonner, Clerk of Commission Tom F. Beck Jr., ReCreatio~-- Belle Terrace Summer Day Camp Grant TO: RE.; Please make arrangements to process the necessary paperwork for the final payment for the Belle Terrace Summer bay Camp Grant. The program was completed successfully and all provisions of the grant were followed appropriately. Should you need any further information in this regard, do not hesitate to call. Cc: Joyce Downs Joanie Smith ec -~ " ".. > GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR August 24, 2000 RECE\\/Ff) A\.IG 2 8 '2000 Honorable Bob Young Mayor of AugustalRichmond County 530 Greene Street Augusta, Georgia 30911 Mayor'S l;-f\iC9 AUgusta-Richmond County Dear Mayor Young: The attached contract when executed commits state funds to the amount of $5,000 to Augusta/Richmond County. 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 the 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 you and the General Assembly in the administration of this grant. If you have any questions, please feel free to call me or either Amy Hill at 404.679.3154 or Bobby Stevens at 404.679.4943. SinC~relYJ:f~ ~don Commissioner JH/cm Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY A TIORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: Jwall@co.richmond.ga.us LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM ANDY CHEEK RICHARD L. COLCLOUGH WILLIAM B. KUHLKE, JR. STEPHEN E. SHEPARD MARION WILLIAMS CHARLES R. OLIVER, P E, CPA Admlnlstra tor WM. "WILLIE" H. MAYS, In Mayor Pro Tern MEMORANDUM To: Belle Terrace Community Center From: James B. Wall Date: July 26, 2000 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. Th~ 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. 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 inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition, Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. I have attached two copies of the contract, since we must provide one copy to DCA. l1le 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. Application for Local Assistance Grant 1. Recipient identified by the General Assembly in Appropriations Act: AugustalRichmond County 2. Amount appropriated by General Assembly: $45,000.00 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Improvements to a recreational facility and adjacent facilities in Augusta/Richmond County 4. Information Required by the Department of Community Affairs for Award: a. Please fonvard a detailed description of the project, location, type of work to be initiated, and for what purposes the funds awarded through this grant would be used. This project will include the demolition of an old park house structure and the construction of a new 3,720-sq. ft. community building. Along with this construction will be several elements such as grading, asphalt paving and associated parking improvements, utility work, landscaping, fencing, ball field lighting improvements and playground improvements. Project budget is as follows: Total budget: $510,000.00 SPLOST Phase ill $100,000 CDBG Funding $240,000 Local Assistance Grant $ 45,000 Other GLAC Grants $125,000 Expenditures to date (7/31/00) $ 21,201.13 Revised Budget $488,798.87 Estimated Project Cost: NE: Contingency: Total: $433,975.00 $ 29,950.00(6.9%) $ 24,873.87(5.7%) $488,798.87 b. Please provide a budget for the proposed project, listing all revenues and expenditures. Local Assistance Grant Local Govt. Other GLAC Grants Total Project Revenues $ 45,000.00 $318,798.87 $125,000.00 $488,798.87 Project Expenditures $ 45,000.00 $318,798.87 $125,000.00 $488,798.87 c. Provide expected project start up and project completion dates: 10-1-00 05-31-01 Beginning Date Complaion Date 5. Contact Information: Please provide the following contact information for the grant. Name: Address: Ron Houck PO Box 5596 2027 Lwnpkin Road Augusta, State: 706-796-5025 Fax: Georgia 706-796-4099 Zip: 30916-5596 E-Mail: rh7792@co.richmondga.us City: Telephone: 6. tertification I, the undersigned authorized representative of the local government described in this application, certify that to the best of my knowledge, the information in this application is true and correct and the Local Assistance Grant subject to this application will be used for the purposes outlined above. I further certify the local government described in this application has all requisite power and authority to expend funds for the purposes set forth herein. Date ~ Authorized Representative Name (please print) Title Application for Local Assistance Grant Local Assistance Grams are made pursuant to O.C.GA ~50-8-8(a) which provides in pertinent part: "The department shaD 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: A~sta/Richmond County 2. Amount appropriated by Gene~al Assembly: $5,000 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Contract for services with Belle-Terrace Community Center for summer programs in Augusta/Richmond County 4. Information Required by the Department of Communi.ty Affairs for Award: a. Please provide a detailed description of the project, location, type of work to be initiated, and for what purposes the funds awarded through this grant would be used. Attach additional pages if necessary. The project is for enhancement of summer youth day camp activities at Belle Terrace , Community Center. The program is for children ages 5-12. The funds will be used for transportation costs associated with field trip activities ~uring the nine (9) weeks of the program. b. Please provide a budget for the proposed project, listing all revenues and expenditures. c. Provide expected project start up and project completion dates: -2- - ---12. - ~ Btrjnnint Dau -L- J.1.-QL CompUtiDn Dille 5. y,ncact Information: Please provide the following contact information for the grant. Name: Joyce Downs Addr~: P.O. Box 5596 City: Augusta State: (:;A Zip: :10QOf> Telephone: 706-796-5025 Facsimile: 706-796-4099 E-mail: Name: Torn F. Beck Jr. Addr~: P.O. Box 5596 City: Augusta State: GA Zip: 30906 Telephone: 796-5025 Facsimil~: 796-4099 E-mail: 6. Certification I, the undersigned authorized representative of the local government described in this application. certify that to the best of my knowledge. the information in this application is true and correct and the Local Assistance Grant subject to this application will be used for the purposes outlined above. I further certify the local government described in dU~~ ~q:o P~ii5 aumo,'", '0 apond fun~ fo, m~pu'PO"~ '" fon::m,n Pro Tern Dau Willie Mays, fII Naml (pkaSt print) Mavor Pro Tern 1itk For additional information or assistance, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, GA 30329-2231 www.dca.state.ga.us 6/00 .. .. Grant No. Ol-C-L-322 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 17Ut day of August 2000, 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 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 Project. 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 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 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. " Grant No. 01-C-L-322 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials, agents and employees of the Recipient have not violated any applicable federal, state or local conflict of interest laws, ordinances, rules or regulations, including but not limited to, O.C.G.A. 945-10-20 through 945-10-28 and O.C.G.A. g36-67A(l) through 936-67A(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 LeJ;!a11v 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. MonitorinJ;! and Auditing. Upon request. the Recipient agrees to provide the Department with any infornlation. 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 [or. The Recipient aclmowledges and agrees that any unresolved findings of the Department concerning expenditure of project funds. whether based on an audit report, financial statement. project completion report or independent investigation of the Department. shall preclude the Recipient from applying for or receiving any further grants or other funds from the Department. until such findings are resolved to the satisfaction of the Department. 8. Open Meetings. The Recipient certifies that in approving this Agreement. it has complied with all the open meeting requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated. 9. No A.t!encv or Partnership. Nothing herein nor any actions of the parties hereto or their agents or employees shall create any agency relationship, partnership or joint venture. between the Department and the Recipient. The Department is not an agent or representative of the Recipient and the Recipient is not an agent or representative of the Department. The Recipient shall be solely responsible for performing any and all obligations under this Agreement. 10. Termination. The Department may terminate this Agreement, with or without cause. upon five business days written notice to the Recipient. If at the time of termination. any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. 11. Satisfaction. In the event the Department determines. in its sole discretion. that the Recipient: (i) has failed to comply with the tenus of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement: (iii) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal, state or local law, ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. Grant No. 01-C-L-322 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). 111is 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 Mreement. 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. OI-C-L-322 Page 4 of 5 ' IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. By: FOR THE DEPARfMENT OF COMMUNIlY AFFAIRS By: Attachments: Exhibit A. "Scope of Services~ , ," Grant No. Ol-C-L-322 Page 5 of 5 EXHmIT A The Local Assistance Grant shall be used by Augusta-Richmond County to contract for services with the Belle-Terrace Community Center for summer programs in Augusta/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 substantfal 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. Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 July l8, 2000 Mr. Tom Beck, Director Augusta-Richmond County Recreation and Parks Department Augusta, Georgia 30906 Dear Tom: Enclosed is the following application forms from the Georgia Department of Community Affairs regarding the Local Assistance Grant from Fiscal Year 2001 State Budget, which was awarded to your agency through the efforts of our local Legislative Delegation. Please complete the higWighted areas on the form and return promptly to my attention. Jt;; n n v: Improvements Eastview Community Center - $45,000 ~ V}> Belle-Terrace Community Center Summer Program $ 5,000 / Should you have any questions or need any additional information, please feel free to call. Enclosures: . r " STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ay of ~~ 2000, 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 BELLE TERRACE COMMUNITY CENTER 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 provide programs for the disadvantaged, thereby promoting public health and safety and 1 to provide recreational programs and facilities. 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; ~' Parks, recreational areas, programs, and facilities; o Storm water and sewage collection and disposal systems; c Development, storage, treatment, purification, and distribution of water; o Public housing; o Public transportation; n Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; o Codes, including building, housing, plumbing, and electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted 2 , . . \ accounting principles. 4. The Organization shall hold harmless and indemnify Augusta, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 50-14-1, et seq.) if the Organization receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). Organization shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 3 , . 7. Organization certifies that it is a tax exempt entity under 5 501(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. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 4 ..~/'~-'>r~ 9. Organization certifies that Augusta has made inquiry of Organization as to whether it is "organized out of belief in God or other supernatural beings" and Organization hereby certifies to Augusta that it is not so organized and that it is not a religious organization as defined above. 10. Augusta may terminate this Agreement, with or without cause, upon five business days written notice to the Organization. If at the time of termination, any funds under this Agreement have not been disbursed to the Organization, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, Organization agrees that this Agreement shall terminate should it be determined the Grant from the State to Augusta is in violation of any law or be declared invalid for any reason, and Organization shall refund or reimburse to Augusta any monies paid pursuant to this Agreement. IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. ~ cfyo ATTEST: BELLE TERRACE COMMUNITY CENTER ORGANIZATION By: As its ATTEST: Title: Sworn to and subscribed before me this day of ~OOO. Notary Public My Commission Expires: 5 Application for Local Assistance Grant Local Assistance Grants are made pursuant [0 O.c.G.A. ~50-8-8(a) which provides in pertinent part: "The tkpartment shaD 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: AlI'gUsta/Richmond County 2. Amount appropriated by Gene~ Assembly: $5,000 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Ace: Contract for services with Belle-Terrace Community Center for summer programs in Augusta/Richmond County 4. Information Required by the Department of Community Affairs for Award: a. Please provide a dctailed description of the project, location. [}'pC of work to be initiated. and for what purposcs the funds awarded through this grant would be used. Attach additional pages if necessary. The project is for enhancement of summer youth day camp activities at Belle Terrace , Community Center. The program is for children ages 5-12. The funds will be used for transportation costs associated with field trip activities Juring the nine (9) weeks of the program. b. Please provide a budget for me proposed project. listing all revenucs and expenditures. c. Provide expected project start up and project completion datcs: -L - -.12.- -i2Q. B~tinninl Dau .-L - J.1. - iliL Compktion Dau 5. ~mact Information: Please provide the following contact information for the gram. Name: Joyce Downs Address: P.O. Box 5596 Ciry: Augusta Scate: (;A Zip: ;1()q()f) Telephone: 706-796-5025 Facsimile: 706-796-4099 E-mail: Name: Tom F. Beck Jr. Address: P.O. Box 5596 Ciry: Augusta State: GA Zip: 30906 Telephone: 796-5025 Facsimile: 796-4099 E-mail: 6. Certification I. the undersigned aumorizcd represencative of the localgovernmem described in mis application. certify that to the best of my knowledge, the information in this application is tcue and correct and the Local Assistance Grant subject to this application will be used for me purposes oudined above. I furmer cettify the local governmem described in this application has all requisite power and aumority to expend funds for me purposes set forth herein. A:t:q1:%:Jt! '8 - L - ~ Willie Mays, ~II Name (piLau prinr) Mayor Pro Tem Tide For additional information or assistance, please concact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Georgia Departmem of Community Affairs 60 Executive Park Soum, NE Adanca. GA 30329-2231 www.dca.scate.ga.us 6/00 J AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY ATTORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: Jwall@co.richmond.ga.us LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM ANDY CHEEK RICHARD L. COLCLOUGH WILL lAM B. KUHLKE, JR. STEPHEN E. SHEPARD MARION WILLIAMS CHARLES R. OLIVER. P E, CPA Administrator WM. "WILLIE" H. MAYS, ill Mayor Pro Tem MEMORANDUM To: Belle Terrace Community Center From: James B. Wall Date: July 26,2000 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. Th~ 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 fonn 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. 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 inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, [ have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. I have attached two copies of the contract, 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. Application for Local Assistance Grant 1. Recipient identified by the General Assembly in Appropriations Act: Augusta/Richmond County 2. Amount appropriated by General Assembly: $45,000.00 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Improvements to a recreational facility and adjacent facilities in Augusta/Richmond County 4. Information Required by the Department of Community Affairs for Award: a. Please forward a detailed descrilXion of the project, location, type of work to be initiated, and for what purposes the funds awarded through this grant would be used. This project will include the demolition of an old park house structure and the construction of a new 3,720-sq. ft. community building. Along with this construction will be several elements such as grading, asphalt paving and associated parking improvements, utility work, landscaping, fencing, ball field lighting improvements and playground improvements. Project budget is as follows: Total budget: $510,000.00 SPLOST Phase ill $100,000 CDBG Funding $240,000 Local Assistance Grant $ 45,000 Other GLAC Grants $125,000 Expenditures to date (7/31/00) $ 21,201.13 Revised Budget $488,798.87 Estimated Project Cost: NE: Contingency: Total: $433,975.00 $ 29,950.00(6.9%) $ 24,873.87(5.7010) $488,798.87 b. Please provide a budget for the proposed project, listing all revenues and expenditures. Local Assistance Grant Local Govt. Other GLAC Grants Total Project Revenues $ 45,000.00 $318,798.87 $125,000.00 $488,798.87 Project Expenditures $ 45,000.00 $318,798.87 $125,000.00 $488,798.87 c. Provide expected project start up and project completion dates: 10-1-00 05-31-01 Beginning Date Completion Date 5. Contact Information: Please provide the following contact information for the grant Name: Address: Ron Houck PO Box 5596 2027 Lumpkin Road Augusta, State: 706-796-5025 Fax: Georgia 706-796-4099 Zip: 30916-5596 E-Mail: rh7792@co.richmondgaus City: Telephone: 6. Certification I, the undersigned authorized representative of the local government described in this application, certify that to the best of my knowledge, the information in this application is true and correct and the Local Assistance Grant subject to this application will be used for the purposes outlined above. I further certify the local government described in this application has all requisite power and authority to expend funds for the purposes set forth herein. Date Authorized Represflltative ~ Name (please print) TItle STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT /})J~ d'd THIS AGREEMENT, made and entered into this~ day of ~'C 2000, between AUGUSTA, GEORGIA, a political subdivision of khe State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "Augusta"); and BELLE TERRACE COMMUNITY CENTER 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 Organizaticn 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 provide programs for the disadvantaged, thereby promoting public health and safety and 1 to provide recreational programs and facilities. 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: G Police and fire protection; Q Garbage and solid waste collection and disposal; Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; c 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; ~ Parks, recreational areas, programs, and facilities; r Storm water and sewage collection and disposal systems; Development, storage, treatment, purification, and distribution of water; Public housing; Public transportation; Libraries, archives, and arts and sciences programs and facilities; ~ Terminal and dock facilities and parking facilities; ~ Codes, including building, housing, plumbing, and electrical codes; or L Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted 2 accounting principles. 4. The Organization shall hold harmless and indemnify Augusta, its officers, elected officials, agents, employees, and representa ti ves, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization 's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 50-14-1, et seq.) if the Organization receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating to this. Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). Organization shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 3 7. Organization certifies that it is a tax exempt entity under ~ 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. 4 9. Organization certifies that Augusta has made inquiry of Organization as to whether it is "organized out of belief in God or other supernatural beings" and Organization hereby certifies to Augusta that it is not so organized and that it is not a religious organization as defined above. 10. Augusta may terminate this Agreement, with or without cause, upon five business days written notice to the Organization. If at the time of termination, any funds under this Agreement have not been disbursed to the Organization, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, Organization agrees that this Agreement shall terminate should it be determined the Grant from the State to Augusta is in violation of any law or be declared invalid for any reason, and Organization shall refund or reimburse to Augusta any monies paid pursuant to this Agreement. IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. eA B,y: ~btj BELLE TERRACE COMMUNITY CENTER ORGANIZATION By: As its ATTEST: Title: ATTEST: Clerk Sworn to and subscribed before me this day of --;-2000. Notary Public My Commission Expires: 5 ~I t Grant No. Ol-C-L-322 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 17th day of August 2000. 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 sUQdivision 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 authoIized by the provisions of a.c.G.A. 850-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend funds for the purposes set forth herein: NOW. THEREFORE. in consideration of the mutual covenants and warranties contained herein and other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged. the parties agree and covenant as follows: 1. Scope of Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts, an amount not to exceed $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. 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 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 WIitten 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. " Grant No. 01-C-L-322 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. ~45-1 0-20 through 845-10-28 and O.C.G.A. S36-67A(l) through ~36-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally. the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and LeI'!a1lv 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 Auditing. 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 Agencv or Partnership. Nothing herein nor any actions of the parties hereto or their agents or employees shall create any agency relationship, partnership or joint venture. between the Department and the Recipient. The Department is not an agent or representative of the Recipient and the Recipient is not an agent or representative of the Department. The Recipient shall be solely responsible for performing any and all obligations under this Agreement. 10. Termination. The Department may terminate this Agreement. with or without cause. upon five business days written notice to the Recipient. If at the time of termination, any funds under this Agreement have not been disbursed to Recipient, said funds shall be retained by the Department. 11. Satisfaction. In the event the Department determines, in its sole discretion,' that the Recipient: (I) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (Iii) has acted in any way contrary to the purposes for which the grant was awarded; or (Iv) has violated any federal, state or local law. ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. , Grant No. 01-C-L-322 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 oj LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or. as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification. and imports an organization for religious purposes. for the public worship of God." 153 Ga. at 433. ..Sect......cult.. and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship. or behavioral pattern of importance in the life 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 A!!reement. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise, other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. (Executions on following page] . . J . ' /!;mriF IG l::r/dc(P tlmllltt/Yl7'( Page 4 of 5 Grant No. 01-C-L-322 IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the date first written above. By: FOR THE DEPARTMENT OF COMMUNllY AFFAIRS By: Attachments: Exhibit A. ~Scope of Services" . . i ( , Grant No. 01-C-L-322 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County to contract for services with the Belle-Terrace Community Center for summer programs in Augusta/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 substantfal 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. . ~~!J.. AUGUSTA - ..) -- t' n rks ~~ recrea lon(~rpa MEMO TO FROM DATE F or Your Information For Your Approval Per Your Request F or Your Attention Note and File Note and Forward Please Advise Please Reply Send Copy Please See Me CO ,~ ~ STATE OF GEORGIA GRANT CERTIFICATION FORM I -' (' - As required by House BiJl1364 of the 1998 Session of the General Assembly, each grant of state funds to a local government from the governor's emergency fund or from a special project appropriation shall be conditioned upon the receipt by the state auditor of a properly completed grant certification form. One Grant Certification Form should be prepared for each grant awarded to the local government. The Grant Certification Form(s) should be submitted to the State Auditor with one c.opv of the annual audit report. Questions concerning the preparation and submission of this form should be referred to Local Government Audit Section of the Georgia Department of Audits and Accounts. Instructions for Completion 1. Complete lines A through K on page 2 of this form. Please note that one form should be used for each grant from the governor's emergency fund or from a special project appropriation. 2. The appropriate officials should sign and date the section entitled "Certification of Local Government Officials." 3. Attach Independent Accountant's Report. 4. Mail the Grant Certification Form (including Independent Accountant's Report) with one copy of the audited annual financial report to: State of Georgia, Department of Audits and Accounts Local Government Audits Division 254 Washington Street, S.W. Suite 322 Atlanta, Georgia 30334-8400 5. If the local government meets the eligibility criteria for an agreed upon procedures engagement in accordance with the provisions of the Official Code of Georgia Annotated Section 36-81-7, the local government is responsible for ensuring that the procedures performed by the independent certified public accountant are sufficient in scope to enable the CPA to complete the Independent Accountant's Report. These procedures include examination of grant application and award documentation to become familiar with the terms and conditions of the grant; verification of receipt of grant proceeds; and evaluation of the local government's documentation of expenditures. The purpose of these procedures is to comply with the provisions of House Bill 1364 requiring certification that the grant funds were used solely for the express purpose or pmposes for which the grant was made. 6. _ Whether the local government engages an independent certified public accountant to perform an audit or perform the agreed upon procedures, for pwposes of meeting the requirements of House Bill 1364 the independent CPA should be engaged to examine management's assertion of compliance with the requirement to use grant funds solely for the express purpose or pmposes for which the grant was made. The independent CPA should conduct the engagement in accordance with the standards for examination engagements for compliance attestation contained in the Codification of Statements on Standards for Attestation Engagements. 7. This form and the accompanying Independent Accountant's Report is required to be filed with the state auditor in conjunction with the annual audit for each year in which grant funds are expended or remain unexpended by the local government. ,8. Questions concerning the provisions of House Bill 1364, the State of Georgia Grant Certification Form, or attestation engagements should be referred to Edward Blaha, Deputy Director, Local Government Audit Section, at the address listed above; telephone (404) 651-5115; fax (404) 651- 5608; or e-mail blahaef@maiLaudits.state.ga.us STATE OF GEORGIA GRANT CERTIFICATION FORM . ,I .' A Local Government B Information For Year Ended I . C State Awarding Agency D Grant Identification Number E Grant Title F Grant A ward Date G Grant Amount H Balance - Prior Year (Cash or Accrued or Deferred Revenue) I Grant Receipts or Revenue Recognized J Grant Disbursements or Expenditures K Balance - Current Year (Cash or Accrued or Deferred Revenue) (Line H + Line I - Line 1) Certification of Local Government Officials I have reviewed the information presented above and certify that, it is accurate and correct. I further certify that the proceeds of the grant award identified above were used solely for the express pUrpose or purposes for which the grant was made. I understand that failure to comply with the provisions of the law applicable to this grant award shall result in a forfeiture of such grant and the return to the state of any such grant funds received. . Signature of Chief Elected Official Date Signature of Chief Financial Officer Date t. " . Independent Accountant's Report We have examined management's assertion included in the accompanying State of Georgia Grant Certification Fonn about [name of government]'s compliance during the fiscal year ended [date] with the requirement to use grant proceeds solely for the purpose or purposes for which the grant was made for;each of the following grant award(s): [Individually identify each grant award of governor's emergency funds and/or special project appropriation.] Management is responsible for [name of government]'s compliance with this requirement. Our responsibility is to' express an opinion on management's assertion about the [name of government]'s compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name of government]'s compliance with this requirement and petfonning such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal detennination on [name of government]'s compliance with the specified requirement. In our opinion, management's assertion that [name of government] complied with the aforementioned requirement for the fiscal year ended [date] is fairly stated, in all material respects. ~ GEORGIA DEPARTl\tIENT OF COMlVIUNITY AFFAIRS Jim ffjgdon COMI\USSIONER Roy E. Barnes GOVERNOR September 20, 2000 Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 30911 I Dear Mayor Young: Enclosed is a check in the amount of $130,500.00 representing the fIrst payment under the following Local Assistance Grants: # 01-C-L-318 $7,500 - To contract for services with the Augusta-Richmond Opportunities Center, Inc. # 01-C-L-319 $18,750 - To promote collection and management efforts of the AugustalRichmond County Museum. #01-C-L-320 $15,000 - To contract for services with Good Hope Social Services summer school program in Augusta-Richmond County. #01-C-L-321 $18,750 - For landscaping and flowers for Augusta/Richmond County. #01-C-L-322 $3,750 - To contract for services with Belle Terrace Community Center for summer programs in Augusta/Richmond County. #01-C-L-323 $33,750 - Improvements to a recreation facility and adjacent facilities III Augusta/Richmond County. #01-C-L-324 $33,000 - To contract for services with Southeastern Firefighters Burn Foundation in Richmond County. Also enclosed are copies of the executed contracts for your ftles and Local Assistance Grant Request for Final Payment Form. This form must be completed and returned once you have completed your project and expended the full amount of the grant funds. Upon receipt of this form we will issue the fInal payment. Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to ftle the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L:.J 60 Executive Park South, !'I.E. . Atlanta, Georgia 30329-2231 . (404) 679.4940 www.dca.state.ga.us All Equal Opponllniry Employer @ Recycled Papa .. Office of The Clerk of Commission Lena J. Bonner, CMC Oerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: January 19,2001 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed is a check in the amount of $6,875 from the Georgia Department of Community Affairs representing final payment of grant award. Please issue Augusta-Richmond County checks to the following Local Assistance Grant recipients. ORGANIZATION GRANT NUMBER GRANT AMOUNT Augusta-Richmond Co. 01-C-L-321 $ 6,250 Landscape Shiloh Comprehensive Center o l-C-L-423 $,625 Enclosure: Check Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Oerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 January 29, 2001 Ms. Ruth Crawford, Executive Administrator Shiloh Comprehensive Community Center 1635 Fifteenth Street Augusta, Georgia 30901- 3929 ~' ,~ / Dear Ms. Crawford: Enclosed is a check in the amount of $625 representing final payment of your FY2001 State of Georgia appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program. If I can be of further assistance, please feel free to call. Enclosure: THU~ DEC-21-~~ 1~:23AM SHILOH COMPREHENSIVE COMMuNLTY CENTER 16~5 Fifteenth Street August~, Georgia 30901-3929 (706) 738-$089 Fax (706) 738-0081 SHILOH COM. CENTER P.~l December 20,2000 Ms. Lena Bonner 530 Greene Street Augusta, Georgia 30901 Dear Ms. Bonner: This letter comes to request the release of any remaining grant funds for Shiloh Community Center. May you have the joy and peace of the season always. Sincerely, ~1a'~+L (Mrs.) Ruth B. Crawford, Volunteer FounderlExecutive Administrator RBC/sgh TOTAl p_ ~1 AUGUSTA-RI~HMOND COUNTY COMMISSION 046789 I:JN . p.o.. NUMBE;R NVO CE; NUMBER INvOICE; AMOuNT . NFT AMOUNT 3RANT 01CL423A 625.00 0.00 625.00 I I CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 046789 01/26/01 625.00 0.00 625.00 I I AUGUSTA-RICHMOND COUNTY COMMISSION ROOM 105, ACCOUNTING DEPARTMENT 630 GREENE STREET AUGUSTA, GEORGIA 30911 PHONE (706) 821-2334 64-137 611 ',,;CHECKDATE . F ....CHECK NO; . 01/26/01 046789 " .'~AMOUN1:,c'. *****$625.00 *************************************************$625ANDNOCENTS VOID AFTER 90 DAYS PAY TO THE ORDER OF T01040 SHILOH COMPREHENSIVE CTR JOOYth1t: ~ tU~C;'~ ASSISTANT COMPTROLLER REGIONS BANK OF GEORGIA AUGUSTA, GEORGIA III 0 I.. b ? a g III I: 0 b ~ ~ 0 ~ 3 ? 5 I: b a 3 0 ~ I.. a 3 g 1..111 Page 001 OF 001 Vendor No: 0000013727 Vendor Name: AUGUSTA-RICHMOND COUNTY STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS ATLANTA, GA BANK 1100-1000 Check No: Check Date: Check Total: 0000044380 01/12/2001 $6,875.00 INVOICE NUMBER I 1NJ'2i~E I VOUI5HER I GROSS AMOUNT 6,250.00 625,00 I AMOUNT PAID 01-C-L-321 01-C-L-423 01/11/2001 01/11/2001 000020129 000020130 STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 EXECUTIVE PARK SOUTH N.E. ATLANTA, GA 30329-2231 01/12/2001 Check balll PaytDlh"Ord",of AUGUSTA-RICHMOND COUNTY 530 GREENE STREET Pay~Uy SIX THOUSAND EIGHT HUNDRED SEVENTY-FIVE AND 00/100 S ******* WACHOV IA BANK gtM~ 11100000...... :lBOIII 1:0 b 1.0000 1.01: 07 0 I. 7 ... b 5111 I I DISCOUNT TAKEN 0.00 0,00 I 6,250.00 625.00 64,-1/610 0000044380 Check No Vando, No: 0000013727 $6,875.00 Void afl8, 60 days (I) GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR January 16, 2001 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Steeet Augusta, Georgia 30911 Dear Mayor Young: Enclosed is a check in the amount of $6,875 representing the final payment under the following Local Assistance Grants: Grant No. 01-C-L-321 Grant No. 01-C-L-423 $6,250 $ 625 If you have any questions, please call Amy Hill at (404) 679-3154. Sincerely, c;k~~ Commis':;loner JH/j a Enclosure EaUAL HOUSING ~ OPPORTUNITY L:.J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 Shiloh Comprehensive Community Center RECIPIENT: LA GRANT AGREEMENT Ol-C-L-423 NUMBER: LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT GENERAL INSTRUCTIONS: CERTIFICATION: Authorized S' ature Bob Young, Mayor Name and Title 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 comer 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 Hill at (404) 679-3154. 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 funds 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. Date \ '2. 2-l /0 d . Application for Local Assistance Grant Local Assistance Grants are made pursuant to O.e.G.A. ~50-8-8(a) which provides in pertinent part: "The department shaD 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: A~staJRichmond County 2. Amount appropriated by Gene~ Assembly: $2,500 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Contract for services with the Shiloh Comprehensive Community Center in Augusta/Richmond County 4. Information Required by the Department of Community Affairs for Award: a. Please provide a detailed description of the project, location, type of work to be initiated, and for what purposes the funds awarded through this grant would be used. Attach additional pages if necessary. We will apply the funds towards our youth activities -- Shiloh's after-school tutoring and nutrition program, our intergenerational day camp, and special family workshops on drug awareness and crime prevention. Messages of safety education and personal responsibility are interwoven throughout all youth programs. b. Please provide a budget for the proposed project, listing all revenues and expenditures. Project Revenues Project Expenditures Local Assistance Grant $2,500 .00 $35,000* $2,500 .00 $35,000 Local Govt. Other Total $ 3 7 , 500 $ 3 7 , 500 * NOTE: We have applied for $35,000 in grant funds. c. Provide expected p~~21 stthw~~ pfo~tt~6JfJt~gn ftalfeI:e is anticipated revenue. 10 _ 03 _ 00 7 _ 27 _ 01 Betinning D4k Compktion Date 5. Contact Information: Please provide the following contact information for the grant. Name: Ruth B. Crawford. Exooutivo ~dginictr3tor Addr~: Shiloh Comprehensive Community Center City: 1635 15th Street Augusta State: GA Zip: 30901 Telephone: 706-738-0089 Facsimile: 706-738 -0081 E-mail: Name: Cynthia Haley. Program Director Addr~: Sh i 1 oh Cnmprp-hp-n~ i VP- Commnn i t-y Cp-nrpr 1635 15th Street Ciry: Auqusta State: GA Zip: 30901 Telephone: 706-7l8-008Q Facsimile: 706 718 0081 E-mail: 6. Certification Dau Ruth B. Crawford Na_ (pkas~ print) Founder and Volunteer Executive Administrator Title For additional information or assistance, please contact Amy Hill at (404) 679-3l54 or Bobby Stevens at (404) 679-4943. Georgia Depanment of Communiry Affairs 60 Executive Park South, NE Atlanta. GA 30329-2231 www.dca.state.ga.us 6/00 Shiloh Comprehensive COl11l11unity Center, Inc. 1635 15th Street It Augusta, Georgia 30901 . Phone: (706) 738-0089 0 Fax: 738- 0081 August 11, 2000 Ms. Lena J. Bonner Clerk of Commission Municipal Building, Rm. 806 530 Greene Street Augusta, GA 30911 Dear Ms. Boner: As requested, I have enclosed a completed "Application for Local Assistance Granf plus two signed and notarized copies of the official grant agreement. We will put the award to good use by using it in our efforts to teach youngsters about crime prevention, fire safety, and drug awareness. Thank you for helping us to more effectively serve our community. Sincerely, ~ IJ,~ Ruth B. Crawford, Volunteer Founder I Executive Administrator GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 12,2000 Honorable Bob Young, Mayor AugustafRichmond County 530 Greene Street Augusta, Georgiaa 30911 Dear Mayor Young: I am pleased to advise you that $2,500 in Local Assistance Grant funds has been included in the Fiscal Year 2001 State Budget. A brief description of the purpose for the grant is included on the enclosed application form. To begin the paperwork necessary to receive this grant, please complete in detail the attached application form and return it to my office. Once we have received and approved the application, we will forward a contract to you. We are delighted to assist you with your community development activities. If you have questions, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Thank you. Sinc~reJY'~~ ~don Commissioner JH: bsa Enclosure EQUAL HOUSING ~ OPPORTUNITY L:.J 60 Executive Park South, N,E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper ," ~ STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~day of ~~ 2000, 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 SHILOH COMPREHENSIVE CENTER 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 $2,500.00 (the "Funds"), to be paid to Organization upon execution of this Agreement upon the terms set forth in the Grant froIT. 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, determined renders a substantial benefit to its citizens, which Augusta has to wit: To provide programs for the disadvantaged, thereby promoting public health and safety. 1 ~i ~ 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: ~ 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; o Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; o Codes, including building, housing, plumbing, and electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. 2 f' II.. 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 1 501(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 corrunon 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.J 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 .- ft. i.- 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. . SHILOH COMPRE~ENSIVE CENTER ORGANIZATION BY:I4;p~>~ As 1. ts .' : ~BD ~TEST' ATTEST: Title: e;x.~1 ~~ 5 . GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR September I, 2000 Honorable Bob Young Mayor of Augusta 530 Greene Street Augusta, Georgia 30911 ~o~;r Dear Mayor Young: The attached contract when executed commits state funds In the amount of $2,500 to Augusta/Richmond County. 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 the 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 you and the General Assembly in the administration of this grant. If you have any questions, please feel free to call me or either Amy Hill at 404.679.3154 or Bobby Stevens at 404.679.4943. sinc.e'7J+- ~gdon Commissioner RECE"lED JH/cm Enclosure cc: Richmond County Legislative Delegation SEP 05 2000 Mayor's 011lce Augusta-Richmond County EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper f Grant No. 01-C-L-423 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 28th day of August 2000, 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 authorized by the provisions of O.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 Project. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts, an amount not to exceed $2,500 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 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 the Recipient in accordance with the following payment schedule: $1,875 Within ten days of the Department's receipt of the executed Agreement. $625 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $2,500 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. I Grant No. 01-C-L-423 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials. agents and employees of the Recipient have not violated any applicable federal. state or local conflict of interest laws, ordinances, rules or regulations, including but not limited to, O.C.G.A. ~45-1O-20 through ~45-10-28 and O.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 officials of the Recipient have certified the same. 6. Enforceable and LeI'!a1lv Bindinl'! 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 Auditing. 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 fmdings are resolved to the satisfaction of the Department. 8. Open Meetinl'!s. The Recipient certifies that in approving this Agreement, it has complied with aU the open meeting requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated. 9. No Agencv or Partnership. Nothing herein nor any actions of the parties hereto or their agents or employees shall create any agency relationship, partnership or joint venture, between the Department and the Recipient. The Department is not an agent or representative of the Recipient and the Recipient is not an agent or representative of the Department. The Recipient shall be solely responsible for performing any and all obligations under this Agreement. 10. Termination. The Department may terminate this Agreement, with or without cause. upon five business days written notice to the Recipient. If at the time of termination. any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (iii) has acted in any way contrary to the purposes for which the grant was awarded; or (Iv) has violated any federal. state or local law, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. ,~ ., Grant No. 01-C-L-423 Page 3 of 5 12. Sectarian Aid. (a). One of tl1e 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 oj LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it. belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life 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. 01-C-L-423 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 COMMUNIlY AFFAIRS By: By: Mayor ~~ Attachments: Exhibit A. "Scope of Services" " ",I Grant No. 01-C-L-423 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta/Richmond County to contract for services with the Shiloh Comprehensive Community Center in Augusta/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 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. -~ STATE OF GEORGIA GRANT CERTIFICATION FORM It' As required by House Bill 1364 of the 1998 Session of the General Assembly, each grant of state funds to a local government from the governor's emergency fund or from a special project appropriation shall be conditioned upon the receipt by the state auditor of a properly completed grant certification form. One Grant Certification Form should be prepared for each grant awarded to the local government The Grant Certification Form(s) should be submitted to the State Auditor with one ~opy of the annual audit report. Questions concerning the preparation and submission of this form should be referred to Local Government Audit Section of the Georgia Department of Audits and Accounts. Instructions for Completion 1. Complete lines A through K on page 2 of this form. Please note that one form should be used for mh grant from the governor's emergency fund or from a special project appropriation. 2. The appropriate officials should sign and date the section entitled "Certification of Local Government Officials." 3. Attach Independent Accountant's Report. 4. Mail the Grant Certification Form (including Independent Accountant's Report) with one copy of the audited annual financial report to: State of Georgia, Department of Audits and Accounts Local Government Audits Division 254 Washington Street, S.W. Suite 322 Atlanta, Georgia 30334-8400 5. If the local government meets the eligibility criteria for an agreed upon procedures engagement in accordance with the provisions of the Official Code of Georgia Annotated Section 36-81-7, the local government is responsible for ensuring that the procedures performed by the independent certified public accountant are sufficient in scope to enable the CPA to complete the Independent Accountant's Report. These procedures include examination of grant application and award documentation to become familiar with the terms and conditions of the grant; verification of receipt of grant proceeds; and evaluation of the local government's documentation of expenditures. The purpose of these procedures is to comply with the provisions of House Bill 1364 requiring certification that the grant funds were used solely for the express purpose or purposes for which the grant was made. 6. . Whether the local government engages an independent certified public accountant to perform an audit or perform the agreed upon procedures, for purposes of meeting the requirements of House Bill 1364 the independent CPA should be engaged to examine management's assertion of compliance with the requirement to use grant funds solely for the express purpose or purposes for which the grant was made. The independent CPA should conduct the engagement in accordance with the standards for examination engagements for compliance attestation contained in the Codification of Statements on Standards for Attestation Engagements. 7. This form and the accompanying Independent Accountant's Report is required to be filed with the state auditor in conjunction with the annual audit for each year in which grant funds are expended or remain unexpended by the local government. 8. Questions concerning the provisions of House Bill 1364, the State of Georgia Grant Certification Form, or attestation engagements should be referred to Edward Blaha, Deputy Director, Local Government Audit Section, at the address listed above; telephone (404) 651-5115; fax (404) 651- 5608; or e-mail blahaef@mail.audits.state.ga.us i. , .STATE OF GEORGIA GRANT CERTIFICATION FORM A Local Government B Information For Year Ended ! . C State A warding Agency . D Grant Identification Number E Grant Title F Grant A ward Date G Grant Amount H Balance - Prior Year (Cash or Accrued or Deferred Revenue) I Grant Receipts or Revenue Recognized J Grant Disbursements or Expenditures K Balance-CurremYear(Cash or Accrued or Deferred Revenue) (Line H + Line I - Line J) Certification of Local Government Officials I have reviewed the information presented above and certify that it is accurate and correct. I further certify that the proceeds of the grant award identified above were used solely for the express purpose or purposes for which the grant was made. I understand that failure to comply with the provisions of the law applicable to this grant award shall result in a forfeiture of such grant and the return to the state of any such grant funds received. Signature of Chief Elected Official Date Signature of Chief Financial Officer Date c<< Independent Accountant's ReDort We have examined management's assertion included in the accompanying State of Georgia Grant Certification Form about [name of government]'s compliance during the fiscal year ended [date] with the requirement to use grant proceeds solely for the pwpose or purposes for which the grant was made for:each of the following grant award(s): [Individually identify each grant award of governor's emergency funds and/or special project appropriation.] Management is responsible for [name of govemment]'s compliance with this requirement. Our responsibility is to I express an opinion on management's assertion about the [name of government]'s compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name of government]'s compliance with this requirement and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on [name ofgovernment]'s compliance with the specified requirement. In our opinion, management's assertion that [name of government] complied with the aforementioned requirement for the fiscal year ended [date] is fairly stated, in all material respects. Office of The Clerk of Commission Lena ], Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 October 18, 2000 Ms. Ruth B. Crawford, Executive Director Shiloh Comprehensive Community Center 1635 15th Street Augusta, Georgia 30901 Dear Ms. Crawford: Enclosed is a check in the amount of $1,875 representing 75 percent of your fiscal year 2001 State Appropriations under the Georgia Department of Community Affairs Local Assistance Grant Program. Should you have any questions or need any additional information, please feel free to call. Enclosure: AUGUSTA-RICHMOND COUNTY COMMISSION . 039586 DESCRIPTION P.O. NUMBER INVOICE. NUMBER INVOICE AMOUNT' " , ........ '. ".' ,.... NETAMOUNT 3RANT 01CL423 1,875.00 0.00 1,875.00 - - - - - _u -- -. - - - - "- CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 039586 10/06/00 1,875.00 0.00 1,875.00 r . . , " .' . AUGUSTA-RICHMOND COUNTY :"-=~ ~c' <;OMMISSION RodM,105.ACc6UNTING DEPARTMENT" . ;: -, sao:(;REENE STREET '.AUGUSTA,.GEORGIA: 30911 , P~~~e:~706) 821-2334, :1I1:.."1;lttll:tl..I:I......IJIJ"IIl.II:l,ll.:"l-...I'HII:,A.~:It(llil:f'(";'(tiHIIIHlI.iI.IlIlH:f..'{"':I~I.:I":.I:I:.ilra::Ia...j.'U"I::I:IM'1:I:i:zI.:lm11I:..."1:1','J1::1a..t:t::r..'HU........:I:J.'"I llJ:IIII.tt:l:hlj!U"'.'1II::I:N.IIH -; 64-137 611 10/06t~W:' , ,\ .. * * *$'1,815': 00, Ymt(Ji1W';;"#fAt.I\()Q *** ** *1;** **'** *;'-J;*~*-~* *.'ko~ *~~''!'* * * * ** * ** ***** * ** *** * **$1,8 75ANDNOCENTS >. ?/J f\'-'~~--- '-fl<~~ ~~/l~ ~~~>}~c-~,-_/:,; . ,.' I: ',',' 1 ~ .' , . -'/' "', , . ,II I '1" .. VOID AFTER 90 DAYS; PAY TO THE ORDER OF T01040 SHILOH COMPREHENSIVE C'IR '/OOYwta ff6J..C;U~(;'~ . ",ASSISTANT COMPTROI.LER ,: . , i: 'I 1 . ; ~, REGIONS BANK OF GEORGIA AUGUSTA, GEORGIA III 0 3 l:i 5 8 b III I: 0 b ~ ~ 0 ~ 3 7 5 I: b 8 3 0 ~ 1.. 8 3 l:i 1.. III , tJ) ~C-L0J} Application for Local Assistance Grant Local Assistance Grants are made pursuant to O.C.GA ~50-8-8(a) which provides in pertinent parr: "The department shaD make grants to eligible recipients o.r 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 Gene~al Assembly: $32,000 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Contract for services with the Southside Tutorial Program in Richmond County 4. Information Required by the Department of Community Affairs for Award: a. Please provide a detailed description of the project, location, type of work to be initiated, and for what purposes the funds awarded through this grant would be used. Attach additional pages if necessary. t;tf tlff4UIYJPr;f-# / b. Please provide a budget for the proposed project, listing all revenues ~d expenditures. Project Revenues Project Expenditures Local Assistance Grant Local Govt. . .....ft;. f:tft((ffl'1&rn- -#~ Other Total c. Provide expected project start up and project completion dates: - - --- B~pnninl Dau Compution Dau 5 ::: lfmi: Pf~;;;;~O~inYI2" info<m"ion ~< ili,~, Address: ~ 5 d- fJy( m IJ ri /) )( d CitT- Heft L j 5 -f-q . Telephone: 1 ',1- 678 G Facsimile: Nun,: MfrfWf. L M(j1[d Address!)D bW reG? ~/. . W . Zip: 3()fj oC}' " ^ CitT- 1n/ C~l ,) f-1l Telephone: 1 q 3 ./ 6 ~ f6 Facsimile: State: (~ Zip: jrJfjOfl; E-mail: 6. Certification I, the undersigned authorized representative of the local government described in this application, certify that to the best 0 my owledge, the information in this application is true and correa and the Local Assistance Grant subjea app cation will be used for the purposes outlined above. I further certify the local government described in t' ri all requisit' power and authority to expend funds for the :urposes set f,-m herein. ., . - - ..... ., /fL!L,t;rlri/ !~ 3l) tJl,1 . :.r _ ZD _ 2orJO -- Authoriua Rrpmmtative Da~ - . ~ f;. It. I h "MAs. Il" I NaJ'M (pkase print) R 1.~91~ )i:ttV ~)v1 7itk . For additional information or assistance, please concaa Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Georgia Department of Community Affairs 60 Executive Park South, NE Aclanta. GA 30329-2231 www.dca.state.ga..us 6/00 ....~ ...~ " STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of ~rflE 2000, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Conunission, (hereinafter referred to as "Augusta"); and SOUTHSIDE TUTORIAL hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of Conununity 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 $32,000.00 (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 programs for the disadvantaged, thereby promoting public health and safety. 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: ~ 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; o Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; o Codes, including building, housing, plumbing, and electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted 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, 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. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. Organization certifies that Augusta has made inquiry of 4 ..~. l. ~, 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 cusiness days written notice to the Organization. If at the time of terminaticn, 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. SOUTHSIDETUTORI~ OR7:!13l By t?.t'JU AS'~ ATTEST, . ..-_ --~ Title: . ~ ~ .c . Sworn to a d subscribed before me this day of ---;2000. Notary Public My Commission Expires: 5 -' ~ ':;'-J Grant No. 01-C-L-511 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 13u1 day of September 2000, 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 O.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 Project. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts, an amount not to exceed $32,000 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 the Recipient in accordance with the following payment schedule: $24,000 Within ten days of the Department's receipt of the executed Agreement. $8,000 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $32,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. .' '" Grant No. 01-C-L-511 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials, agents and employees of the Recipient have not violated any applicable federal, state or local conflict of interest laws, ordinances, rules or regulations, including but not limited to, O.C.G.A. ~45-1O-20 through ~45-10-28 and O.C.G.A. 836-67A(l) through ~36-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the tern1 of this Agreement. Additionally, the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Lel'!ally Bindinl'! 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 Auditing. 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 Agencv or Partnership. Nothing herein nor any actions of the parties hereto or their agents or employees shall create any agency relationship, partnership or joint venture, between the Department and the Recipient. The Department is not an agent or representative of the Recipient and the Recipient is not an agent or representative of the Department. The Recipient shall be solely responsible for performing any and all obligations under this Agreement. 10. Termination. The Department may terminate this Agreement, with or without cause, upon five business days written notice to the Recipient. If at the time of termination, any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (I) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (Iii) has acted in any way contrary to the purposes for which the grant was awarded; or (Iv) has violated any federal. state or local law, ordinance or regulation, the Recipient shall be required to retum to the Department all funds disbursed under this Agreement, upon request. " . < Grant No. 01-C-L-511 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 oJ LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life 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. 01-C-L-511 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 DEPARfMENT OF COMMUNITI AFFAIRS ~ Mayor By: By: Attachments: Exhibit A. "Scope of Services" -'. Grant No. 01-C-L-511 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Richmond County to contract for services with the Southside Tutorial Program 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 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. Office of the Mayor Bob Young, Mayor Room 806, Municipal Building 530 Greene Street, Augusta, GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us March 22, 2001 Honorable Jim Higdon, Commissioner Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329-2231 Dear Commissioner Higdon: Enclosed is the following Request for Final payment form for the following organization: Or anization Southside Tutorial Grant Award No. 01-C-L-511 As always, we appreciate your continued assistance in the administration of Augusta's grant awards. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 RECIPIENT: SOUTHS IDE TUTORIAL LA GRANT AGREEMENT NUMBER: Ol-C-L-511 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 Hill at (404) 679-3154. CERTIFICATION: Authorized Si nature This is to request fmal payment on the Local Assistance Grant of the above referenced grant number. In making this request, I hereby certify that the "Scope of the Project" as identified in Exhibit A of the above referenced Grant Agreement number has been completed. I further certify that all funds provided 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. Name and Title " Date o I Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 April 23, 2001 Mr. E.L. Thomas, Jr. Southside Outreach Community Program, Inc. 1930 Olive Road Augusta, Georgia 30906 Dear Mr. Thomas: Enclosed is a check in the amount of $8,000 representing final payment of your FY2000 State of Georgia appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program. If I can be of further assistance, please feel free to call. Very truly yours, Lena 1. Bo er, Clerk of Commission Enclosure: Southside Outreach Community Program, Inc. 1930 Olive Road · Augusta, GA 30906 · (706) 736-2242 March 16,2001 Ms. Lena J. Bonner Clerk of Commission Municipal Building - Room 806 530 Greene Street Augusta, GA 30911 RE: RQUSET FOR FINAL GRANT PAYMENT Dear Ms Booner: Southside Outreach Tutorial has completed 85% of our project, and we are requesting the final payment of program grant. homas, Jr. Registered Agent Our Motto: To Help EJ.h"~e Education Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Interim Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: April 5, 2001 SUBJECT: Department of Community Mfairs' Local Assistance Grant Awards Enclosed is a check in the amount of $8,000 from the Department of Community Affairs. Please issue an Augusta-Richmond County check to the following Local Assistance Grant recipient for [mal payment of grant award. ORGANIZA nON GRANT NUMBER GRANT AMOUNT Souths ide Outreach Community OO-C-L-511 $8,000 Program Thank you for your continued assistance. Enclosure: Check AUGUSTA-RICH,MOND COUNTY COMMISSION 052046 DESCRIPTION P,O, NUMBER INVOICE NUMBER INVOICE AMOUNT NET AMOUNT 3RANT 00CL511 8,000.00 0.00 8,000.00 CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 052046 104/20/01 8,000.00 0.00 8,000.00 I . -- -------;,":- ;1::;;:,; . ',~,,;i:,':-Tr::-~-.iJI'':-;'!I;~rl:''i'.~i;T:jj: .:'~.ill1~@;;t: ti1Nl!i\.rrUr:?oii' &, ~,~I!!.,;f:i;rr~li)J1ilIr.iO;;; [:ill~,-"l~C ~ffiii.~m~~ AUGUSTA-RICHMOND COUNTY COMMISSION ROOM 105, ACCOUNTING DEPARTMENT 530 GREENE STREET AUGUSTA, GEORGIA 30911 PHONE (706) 821-2334 64-137 611 CHECK DATE CHECK NO. AMOUNT 04/20/01 052046 ***$8,000.00 ***********************************************$8,OOOANDNOCENTS VOID AFTER 90 DAYS I. I I PAY TO THE ORDER OF T01744 SOUTHS IDE OUTREACH COMMUNITY PROGRAM AJOYVYl t: sd. uJ~ u"/?-tA ASSISTANT COMPTROLLER REG~NSBANKOFGEORG~ AUGUSTA, GEORGIA ~ II' 0 5 20 l. b II' I: 0 b 1. 1. 0 1. ~ 7 5 I: b a ~ 0 1. l. a ~ g l. II' STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS ATLANTA, GA BANK 1100-1000 Page 001 OF 001 Vendor No; 0000013727 Vendor Name; AUGUSTA-RICHMOND COUNTY 0000046364 03/30/2001 $8,000.00 Check No; Check Dale; Check Total; INVOICE NUMBER INVOICE DATE 03/28/2001 GROSS AMOUNT 8,000.00 DISCOUNT TAKEN AMOUNT PAID 01-C-L-511 000022962 0.00 8,000.00 6;;;-1'/610 STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 E.XECUTIVE PARK SOUTH N. E. ATLANTA, GA 30329-2231 0000046364 Check No Vendor No: 0000013727 03/30/2001 Check babo AUGUSTA-RICHMOND COUNT~ 530 GREENE ST ROOM 801 Pay to tho Order of $8,000.00 Pay Exactly EIGHT THOUSAND AND 00/100 S ********************,*********** Void aflllr 60 days gtM{L WACHOVIA BANK 11100000 '-t b:l b '-till 1:0 b 1.0000 1.01: O? 0 I.? '-t b 5111 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER April 3, 2001 Honorable Bob Young, IVlaycr Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: Enclosed is the final payment in the amount of $8,000 under Local Assistance Grant #00-C-L-511 to Augusta-Richmond County. If you have any questions, please call Amy Hill at (404) 679-3154. C:Z>/~~ Jim Higdon Commissioner JH/j a Enclosure Roy E. Barnes GOVERNOR EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper (I GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 12,2000 Honorable Bob Y Dung, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $32,000 in Local Assistance Grant funds for Richmond County has beer. included in the Amended Fiscal Year 2001 State Budget. A hrief description of the purpose for the grant is included on the enclosed application form. To begin the paperwork necessary to receive this grant, please complete in detail the attached appJj(,atior, form 3.nd return it to my office. Once we have received and approved the application, we win furA'arcl ;). cimtract to you. We are dehghted to assist you with 'your community development activ:ties. If you have questions, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Thank you. Sincerely, ~ ~J~d(Oj) Jim Higdon Commissioner JH: bsa Enclosure EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opponullity Employer * Recycled Paper AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY A TIORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: Jwall@co.richmond.ga.us LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM ANDY CHEEK RICHARD L. COLCLOUGH WILLIAM B. KUHLKE, JR. STEPHEN E. SHEPARD MARION WILLIAMS CHARLES R. OLIVER, P E, CPA Admlnlstrator WM. "WILLIE" H. MAYS, ill Mayor Pro Tern MEMORANDUM To: Southside Tutorial From: James B. Wall Date: July 26, 2000 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concems. 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. 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 inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, r have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. I have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies ofthe 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. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR September 14, 2000 Honorable Bob Young Mayor Augusta/Richmond County 530 Greene Street Augusta, Georgia 3091l Dear Mayor Young: The attached contract when executed commits state funds in the amount of $32,000 to Richmond County. 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 the 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 you and the General Assembly in the administration of this grant. If you have any questions, please feel free to call me or either Amy Hill at 404.679.3154 or Bobby Stevens at 404.679.4943. CJ;;reIY, Ji~!~ Commissioner RECEIVED JH/cm Enclosure cc; Richmond County Legislative Delegation s~p 1 R 2000 ~J1~~:/or .. AugUS~3-R!ci1nh.i;.'-o . '-' J.:.'j EQUAL HOUSING ~ OPPORTUNITY L.:..I 60 Executive Park South, N.E. 0 Atlanta, Georgia 30329-2231- (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper Southside Outreach Community Program, '.w. 1930 Olive Road · Augusta, GA 30906 · (706) 736-2242 Attachment 1 Southside Outreach Tutorial Program is a registered non-profit agency. It is located at1930 Olive Road, Augusta, Georgia 30906. The phone number is 736-2242. The staff consist of a Board of Directors, Secretary, Registered Agent, a Consultant, a Computer Technician, a Computer Instructor, Two Security Guards, President, and thirteen Certified Teachers which includes Elementary Education, Middle and High School. Southside is operated during the same semester as Richmond County Board of Education. The main focus of Southside is to tutor skills in Math, Science, Language Arts, Social Studies, and a Computer Lab. Southside has a library to meet the students need for research. Southside main objective is to teach skills and not go over homework. We aid in homework when the student is having a difficult time. Our track record for the past three years has proven if the skills are taught well, the students will perform well with their work in the classroom. We have a tracking system that provides us with how the student is doing upon registration, and compare how well the student is doing after six weeks at Southside. Our teachers interface and interact with the parents and teachers of the students. It is required that the parents come to class once or twice a semester for training by the staff to get insight into how to help their children with their homework. Since the inception of Southside three years ago, we have averaged sixty students per semester. Southside has helped seniors to pass the exit exams and have tutored college students in Math and Science. We have served LD children on a one on one basis. Southside is a diversified agency of staff and students. We serve the CSRA. Our classes are held Tuesday and Thursday Night beginning from 5:30 p.m. to 8:00 p.m. By serving the community through education, Southside goal is to prevent young people from turning to crime. It is imperative that we continue to receive the grant award because the program is very much needed. All are given a stipend except the President and Board of Directors. We have had children to pass to the next grade, graduate from high school and win scholarships. Without the grant, we would not be able to have such a wonderful staff. Please continue to support this worthy cause. Our 1110ttO: To Help Enhance Education Southside Outreach Community P'rogram, Inc. 1930 Olive Road · Augusta, GA 30906 · (706) 736-2242 Attachment 2 Operation Budf!et for 2001 PERSONNEL 10 Certified Teachers 1 Computer Lab Instructor 1 Secretary 2 Security Guards $ 17280.00 2160.00 2560.00 3888.00 $ 25888.00 GENERAL OPERATION: Rent $ 6000.00 Phone 744.00 Building Maintenance 1200.00 S~pplies 250.00 Material 400.00 Library 450.00 $ 9044.00 EQUlPMENT: Copy Rental Computer Lab Service $ 804.00 980.00 $ 1784.00 TOTAL OPERATION BUDGET $ 36716.00 Our 1"'0"0: To Help EnluJJ~e Education Southside Outreach Community Program, Inc. 1930 Olive Road · Augusta, GA 30906 · (706) 736-2242 August 29, 2000 Lena 1. Bonner, CMC Clerk of Commission Room 806 - Municipal Building 530 Greene Street Augusta, GA 30911 Dear Mrs. Bonner: Enclosed is the information you requested from the above origination and if there is a need for any clarification please call upon me. I can be contact at (706) 737-5786. E. L. Thomas, Jr. Registered Agent Our lt10ttO: To Help Enh"~e Education ;..' w.!t STATE OF GEORGIA GRANT CERTIFICATION FORM As required by House Bill 1364 of the 1998 Session of the General Assembly, each grant of state funds to a local government from the governor's emergency fund or from a special project appropriation shall be conditioned upon the receipt by the state auditor of a properly completed grant certification form. One Grant Certification Form should be prepared for each grant awarded to the local government. The Grant Certification Form(s) should be submitted to the State Auditor with one c.opy of the annual audit report. Questions concerning the preparation and submission of this form should be referred to Local Government Audit Section of the Georgia Department of Audits and Accounts. Instructions for Completion 1. Complete lines A through K on page 2 of this form. Please note that one form should be used for ~ grant from the governor's emergency fund or from a special project appropriation. 2. The appropriate officials should sign and date the section entitled "Certification of Local Government Officials." 3. Attach Independent Accountant's Report. 4. Mail the Grant Certification Form (including Independent Accountant's Report) with one copy of the audited annual financial report to: State of Georgia, Department of Audits and Accounts Local Government Audits Division 254 Washington Street, S.W. Suite 322 Atlanta, Georgia 30334-8400 5. If the local government meets the eligibility criteria for an agreed upon procedures engagement in accordance with the provisions of the Official Code of Georgia Annotated Section 36-81-7, the local government is responsible for ensuring that the procedures performed by the independent certified public accountant are sufficient in scope to enable the CPA to complete the Independent Accountant's Report. These procedures include examination of grant application and award documentation to become familiar with the terms and conditions of the grant; verification of receipt of grant proceeds; and evaluation of the local goverrunent's documentation of expenditures. The purpose of these procedures is to comply with the provisions of House Bill 1364 requiring certification that the grant funds were used solely for the express purpose or purposes for which the grant was made. 6.. Whether the local government engages an independent certified public accountant to perform an audit or perform the agreed upon procedures, for purposes of meeting the requirements of House Bill 1364 the independent CPA should be engaged to examine management's assertion of compliance with the requirement to use grant funds solely for the express purpose or purposes for which the grant was made. The independent CPA should conduct the engagement in accordance with the standards for examination engagements for compliance attestation contained in the Codification of Statements on Standards for Attestation Engagements. 7. This form and the accompanying Independent Accountant's Report is required to be filed with the state auditor in conjunction with the annual audit for each year in which grant funds are expended or remain unexpended by the local government. 8. Questions concerning the provisions of House Bill 1364, the State of Georgia Grant Certification Form, or attestation engagements should be referred to Edward Blaha, Deputy Director, Local Government Audit Section, at the address listed above; telephone (404) 651-5115; fax (404) 651- 5608; or e-mail blahaef@maiI.audits.state.ga.us ~' ""Ii ~TATE OF GEORGIA GRANT CERTIFICATION FORM A Local Government B Information For Year Ended I C State Awarding Agency D Grant Identification Number E Grant Title F Grant A ward Date G Grant Amount H Balance - Prior Year (Cash or Accrued or Deferred Revenue) I Grant Receipts or Revenue Recognized J Grant Disbursements or Expenditures K Balance - Current Year (Cash or Accrued or Deferred Revenue) (Line H + Line I - line J} Certification of Local Government Officials I have reviewed the information presented above and certify that it is accurate and correct. I further certify that the proceeds of the grant award identified above were used solely for the express pwpose or pwposes for which the grant was made. I understand that failure to comply with the provisions of the law applicable to this grant award shall result in a forfeiture of such grant and the return to the state of any such grant funds received. Signature of Chief Elected Official Date Signature of Chief Financial Officer Date '" . . Independent Accountant's Report We have examined management's assertion included in the accompanying State of Georgia Grant Certification Form about [name of government]'s compliance during the fiscal year ended [date] with the requirement to use grant proceeds solely for the purpose or purposes for which the grant was made for:each of the following grant award(s): [Individually identify each grant award of governor's emergency funds and/or special project appropriation.] Management is responsible for [name of government]'s compliance with this requirement. Our responsibility is to' express an opinion on management's assertion about the [name of government]'s compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name of government]'s compliance with this requirement and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on [name ofgovernment]'s compliance with the specified requirement. In our opinion, management's assertion that [name of government] co~plied with the aforementioned requirement for the fiscal year ended [date] is fairly stated, in all material respects. Office of The.Clerk of Commission Lena J. Bonner, CMC Oerk of Commission Nancy Morawski Deputy Clerk Room 806 - Munidpal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 October 20, 2000 Honorable Charles W. Walker, Majority Leader The State Senate 1143 Laney Walker Blvd. Augusta, Ga. 30901 Dear Senator Walker: Enclosed is Southside Tutorial's Local Assistance Grant Award, which represents 75 percent of their total grant award. Please advise the recipient that once they have completed their project as outlined in their grant application they can request through my office in writing for final payment and we will forward their request to DCA. ~ Southside Tutorial If I can be of further assistance, please feel free to call me at 706-821-1820. Very truly yours, 4rf nner, Clerk of Commission Enclosures: AUGUSTA-RICHMOf1D COUNTY COMMISSION , 040433 " .. DESCRIPTION , , P.O. NUMBER ," INVOICE NUMBER INVOICE AMOUNT' ", NET AMOUNT ,.. 3RANT 01CL511 24,000.00 0.00 24,000.00 - - .- ,- -- h - -- - - -- - - - -- -' - . . .- .. -. - - - - ~ CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 040433 10/20/00 24,000.00 0.00 24,000.00 AUGUSTA-RICHMOND COUNTY ~ c. ~9M~MISSION" , " ROOM t05: ACCOUNTING DEPARTMENT 530 GREENE STREET ' AUGUSTA, GEORGIA 30911 ~ ' J'HO.N;POS} 821-2334 ' " 64-137 611 " \\ CH~dK MTE CHECK NO. , 10/20/00 040433 " . AMouNT" ;,'" **$24,000.00 ,* * * *** *** *~******'-~**:*-***~*i!* *:*****'*'*'!;* *** ** * ** *$24, OOOANDNOCENTS, , '" [,' ';;" , ~'['r : ,,' :,",),~', ~I }.: \ : , ' .I,',J T ,:' ; ,', '. ~, VOID AFTER 90 DAYS, I', PAY . .TO THE ORDER ,OF' 75566 . ' SOUTHS IDE :rUTORIAL ~ROGRA I' -1O~a f6J. W~c;-~ , ASSISTANT COMPTROLL~ I ~ , r-=-~ _ . I 1'" 1\'1 , , ";",1" r,l"',,'.' '. I',," ,",' REGIONS BANK OF GEORGIA AUGUSTA, GEORGIA , I II' 0 I.. 0 I.. 3311' -: 0 b ~ ~ 0 ~ 3 7 5-: b a 3 0 ~ I.. a 3 g 1..11' '"', Office of The Clerk of Commission lena J. Bonner, CMC Oerk of Commission Nancy Morawski Deputy Clerk Room 806 - Munidpal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: October 16, 2000 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards " Enclosed are three (3) checks totaling $94,000 from the Depahment of Community Affairs. Please issue Augusta-Richmond County checks to the following Local Assistance Grant recipients: ORGANIZATION GRANT NUMBER GRANT AMOUNT Hale House Foundation GEF-OI-EOOI-0034 - total $25,000 payment ARC Clean & Beautiful GEF-OI-EOOl-003 - total $5,000 payment . Communities In Schools GEF-OI-EOOl-307 - total $10,000 payment Souths ide Tutorial 01-C-L-5lJ $24,000 Augusta Arsenal 01-C-L-472 $30,000 Please return all checks to the Clerk's Office so that they can be forwarded to the appropriate Legislative Representative for distribution. Thank you for your continued assistance. Enclosure: Checks - .. . () Ic/f-/~ 311 Application for Local Assistance Grant Local Assistance Grants are made pursuant to a.e.G.A. ~50-8-8(a) which provides in pertinent part: "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" I. Recipient identified by the General Assembly in Appropriations Act: Richmond County 2. Amount appropriated by General Assembly: $25,000 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Promote collection and management efforts of the Augusta/Richmond County Museum 4. Information Required by the Department of Community Affairs for Award: a. Please provide a detailed description of the project, location, type of work to be initiated, and for what purposes the funds awarded through this grant would be used. Attach additional pages if necessary. This local assistance grant will enable the Augusta-Richmond County Museum to continue its collections management and collections conservation programs as prescribed roro a report by the American Association of Museums. The project; which includes housing rare and historically-significant objects in archival- quality materials, will be conducted at the Augusta-Richmond County Museum. It wi 11 be carri ednaliJtbbyrlillll:lseum personnel. b. Please provide a budget for the proposed project, listing all revenues and expenditures. Project Revenues Project Expenditures Local Assistance Grant $25.000 $25.000 Local GOvt. Other $?t),nnn ~50.000 $?I;,OOO $50.000 Total c. Provide expected project start up and project completion dates: 7 1 _ 00 11 _ 1 00 --- B~nning Dau Compktion Dau 5. Contact Information: Please provide the following contact information for the grant. Name: Scott W. Loehr Address: 560 Reynolds Street Augusta State: GA 30901 Zip: City: Telephone: (706) 722-8454 Facsimile: (706) 724-5192 E-mail: amh@csra.net Name: Address: City: State: Zip: Telephone: Facsimile: E-mail: 6. Certification . I, the undersigned authorized representative of the local ,government described in this application, certify that to the best of my knowledge, the information in this application is true and correct and the Local Assistance Grant subject to this application will be used for the purposes outlinea abo~e. I further certify the local government described in this a Ii tion has all requisite power and authority to expend funds for the purposes set forth herein. -- ,.., ,~ vi ayor Pro Tem 8/7 100 ~ .5 60 Dau Au/horiad &pm~tativ~ ~ LJ . LoiZ.NA- Name (pILau print) c:;><. . [) I"~-O- 7itIL For additional information or assistance:, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta. GA 30329-2231 www.dca.state.ga.us 6/00 Office of The Clerk of Commission Lena J. I:lOnner, CMC Oerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 November 6, 2000 Mr. Scott Loehr, Director Augusta Museum of History 560 Reynolds Street Augusta, Georgia 30901 Dear Scott: . Enclosed is a check in the amount of $6,250 representing final payment of your FY2001 State of Georgia appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program. If I can be of further assistance, please feel free to call. Very truly yours, ~:f){/~ Clerk of Commission Enclosure: GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 RECIPIENT: AUGUSTA-RICHMOND COUNTY MUSEUM LA GRANT AGREEMENT NUMBER: C-L-319 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 comer 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 Hill at (404) 679-3154. Authorized S' ture 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 funds 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. CERTIFICATION: Name and Tide Bob Young, Date 10/16/00 Office of The Clerk of Commissiion lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: November 2, 2000 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed is a check in the amount of $17,250 from the above referenced agency representing final payment for the foJJowing grant recipients: ORGANIZATION GRANT NUMBER GRANT AMOUNT Augusta-Richmond County o l-C- L- 3 19 $6,250 Museum , Southeastern Fighters Bum o I-C-L-324 $11,000 Foundation Please return aJJ checks to the Clerk's Office so that they can be forwarded to the appwpriate Legislative Representative for distribution. Thank you for your continued assistance. Enclosure: Check GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR October 31, 2000 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: Enclosed is a check in the amount of $17,250 representing the final payment under the following Local Assistance Grants: $ 6250 IJ-ee- /1l~SG7.1A'U $11:000SIU~~ST~ ':;lr6 N-T~)J.$ '"7:3u 1M ~dJ A;'/ ~/'''; If you have any questions, please call Amy Hill at (404) 679-3154. Grant No. 01-C-L-319 Grant No. Ol-C-L-324 Sincerely, 4~ N~- Jim Higdon Commissioner JH/j a Enclosure 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer ~, Recycled Paper EQUAL HOUSING ~ OPPORTUNITY L:J AUGUSTA-RICHMO,ND COUNTY COMMISSION 041068 DESCRIPTION, P.O. NUMBER INVOICIO NUMBER INVOICE AMOUNT NET AMOUNT 3RANT 110200 6,250.00 0.00 6,250.00 - - - - - , ,- -- - -. . - . - -- - -- - -- ,- - - -- i - - - CHECK NUMBER I CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 041068 111/03/00 I 6,250.00 0.00 6,250.00 -- . -,'; AUGUSTA~ICHMOND COUNTY ;1,'~',r,:," CQMMISSION,:'., .. -'-RoOM (05,ACC,OuNTING OEE'A,RTMem '-53O-GAEENE STREEt.' , Al)GUS.TA. GEORGIA 30911 , PHONe t70e) 821-3334' ' !_" .~- ~,c~~. . ,t; ---~ .. ';-~-=:; ,r II CH~tK DATE CHECKNQ,;,,,, . " -'11/03/0Q. 041068 , " ""r1 ' \ .:," " : ,'" ,I. , .*'* *'$6,2.5'0 .0'0 , ," I '. .,:" !,,"" ,II ~ I'" " ' F?AY lO-1l'i~ -............. - '!'rn.......!;, . " .""---t I ~ ** *** * ~* * *** **.* ** ** **.* *,4 *,** * ~H.*.***'~*. ~* * 'If * ~*** ** $6, 2.s0ANDNOCENTS ., ,...; : ~ , ' -'! ; " :. '" ,..: Ii' \ '\ . \, I . I "". ~-', I,' ,. I ,: I "'\ '.,1 ,. , ~. . I r-_"l. _+- "..+- iVOID AFTea90 DAYS " '- " 76749 , -- -, AtIG, .RC MUSEIJM.' '" ,I , . \ j'./,.' .,;;....--~. . ;___0 ,.' '-~.' ..v~~,;, ;4;4JdUd-~.;:-, . I..; ~;' , '''PI'Roll:''.'' ,-- I' ". , ",."."'.... '1""/,,, , :,;~;y~'~~"I'~,l~.'~~~~:~~ \.<,:.~6,:> , AUGUSTA, GEORGIA , ~ TIC f ,I' , ""] II- 0 L. . 0 b B II- I: 0 b . .0 . J 7 5 I: b B J 0 . L. B J g L. II- c z a :II: :x: u r-... , '...IX c - C" I .'- - ..Moet., . r .~ '''~~:-'''''~' 'b g~>/~ ~'a: ogg>,,: ()W ~ "iL&..o'cr:'i'-' -Q1. 0)..., a' ',' O:::e'-... '~ir:::< '~~ ,.~~ (;Cl uu ..g,,'ll.''ll I I & ~ ::1 ............ ,0. >,>, '00 IDOO -00 IDO . ......0 ""ID aroC'ol OC'ol . a'r- 00- 0_... ..2~ ~g~ ~~~ 666 , VI." IX' ... q: u. u. q: :$>- < ,,:: CI 0 a::z 0 0;:)" ,. 0' UJ:II::;!' -: ",:II: z u: 0,,< 'O'U,'~ .. UJ' U:..I- I- 0 < ~I-~ CI):z W ,:II: I- IX < Q. W C >- I- :z ;:). 0"" " '.u' ..- - - "- -... .. --... ~ 00 00 00 IDO C'olO [ ( ( ( o 0' o ID ... r- - ... lzQ ;:)- 0< :EQ, < UI- - r- , 0 ." '~ . - (') I UI.'..:' p l~.. .-.j _ ,.,.; , ,~.".,"",V-h ..... o'~" , .;... ;.r1t"':\~:'}'" ,0 .. I f')'l~f'~".r{...,l. ~ ~o < i ";'W', ~ ';-:,olii ..4'1)/$... <(... -~, ......- ~F.O~ '~l"-: ,; 'Q fto.!(; '" .. Qo":"; '. ,\:~:t::':"!'l'= . fJ:;q . :""1':' ~',' "J- -1.C::> "l:~1~" i't':~l!':".'~~. r:",,~~ ~;.J~ ' - > f r 00 00 00 ,~[~tZy~~~ I- Zz ;:)W O~ fA;: Q ., " '0 0, 00 00 00 IDO ", ~~ 0lz,UI_ .... .en:) ; .... - 00 ' a::E "< :.: ,~ a:," w' %: ()Q ;:)- g '0- 00 IDID ror- -- 00 '00 00 00 UJ ~~ g< ~o cJ C . - 00 00 00 C'ol'" " UIUI "'C'ol " 00 -- ~ u o-l U n oJ C C C C C ~ AUGUSTA MUSEUM of HISTORY October 6, 2000 Mrs. Lena Bonner Clerk of Commission Augusta-Richmond County Municipal Building 530 Greene Street Augusta, Georgia 30911 RE: 2000 Department of Community Affairs Grant Dear Mrs. Bonner: The Augusta Museum of History (formerly the Augusta-Richmond County Museum) has completed the project for which $25,000 was appropriated by the Georgia General Assembly through the Department of Community Affairs' Local Assistance Grant program. The museum received three-quarters ($18,750) of the grant at an earlier date. The organization, by means of this letter, is requesting the balance ($6,250) of the grant at the earliest possible convenience. Please contact me should the need arise. Thank you for your cooperation regarding this matter. Sinqerely, I / .. S ott W. Loehr Executive Director preserving and presenting the history of the Central Savannah River region \Jl 0\ o f;; :i o e- o Cf) Ul ..., f;; m ..., o >- C o c Ul ~ o o m o ::>:' o ;; o VJ o \0 o .-. o ..., m e- m 'I:l :r: o z r!1 --.J o ?' --.J N N b:J -l>- \Jl -l>- o 'T1 ~ --.J o ?' --.J N -l>- V, ...... \0 N o tTl t )> F. ~ :3 ::r @ 12 .... ~ :s (1) M PRESIDENT: COBBS G. NIXOl\ VICE.PRESIDENT: THOMAS O. EDWARDS, jR, TREASURER: JULlAN W OSBON SECRETARY: JACK L. PADGETT, JR. BOARD OF TRUSTEES: BEVERLY j. BARNHART' ANN B, 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' ROSCOE WILLIAMS BOB YOUNG'DIRECTOR: SCOTT W LOEHR AUGUSTA MUSEUM of HISTORY MEMORANDUM TO: MRS. LENA J. BO~N CLERK OF COMMIS N SCOTT W. lOEH . FISCAL YEAR 2001 DCA GRANT 08/03/00 FROM: SUBJECT: DATE: Please find attached application form and grant agreement for the above- referenced grant. Please contact me if additional information is required. Thank you. Attachment preserving and presenting the history of the Central Savannah River region PRESIDENT: COBBS G. NIXON VICE.PRESIDENT: THOMAS 0, EDWARDS, JR, TREASURER: JULIAN \Y!. OSBON SECRETARY: JACK L. PADGETT, JR. BOARD OF TRUSTEES: BEVERLY J. BARNHARToANN B, BOARDMANoJENNY B, DAVISON 0 laVERNE H. GOLD'). DOUGLAS HERMAN, SR. PHILIP A. KEJ\ToSANDRA K. MERCERo\,\!. CHARLES MOYEoH. MONn OSTEEN, JR.'BONNIE RUBENoFRANK G. SPEARS'ROSCOE WILLIAMS BOB YOUl"G 0 DIRECTOR: SCOTT W. LOEHR U1 0- o ~ -:: Z o r- o UJ UJ ...., ~ tTl ...., o )> C o c UJ ~ o o tTl o ;;0 o s;: o \,;J o \0 o ...... o ~ r- tTl ." :r: o z r;1 -..) o S" -..) N N b:> -I>- U1 -l>- o ~ -..) o S" -..) N 7>- U1 .-- \0 N o tTl 3: )> F. III 3 ;:;- @ (l en .., ?' ;:l (1) M STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ay of ~~ 2000, 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 $25,000.00 (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 archives, and arts and science programs and facilities. 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; C Storm water and sewage collection and disposal systems; o Development, storage, treatment, purification, and distribution of water; o Public housing; o Public transportation; ~ 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 representa ti ves, 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 I church I is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Insti tution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a 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 'J> - , 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 ce determined the Grant from the State to Augusta is in violation of any law or be declared invalid for any reason, and Organization shall refund or reimburse to Augusta any monies paid pursuant to this Agreement. IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. AUGUSTA-RICHMOND COUNTY MUSEUM ORGANIZATION By: 1ft=. --- ~ B:t: As' ts ~~c.."""'~L f)J'L.Q__-~__ UijtJ ATTEST: (\..p_;'~ l^....~ / Title: W:i-Z~1M~(JI-bJ~ ATTEST: Sworn to and subscribed bef e me this 31\J.. day of , 2000. Notary lll;:llic Ny . Com:: iss,i;on, Expires: }<~Jotary ~~~;~;chmond COllllty, GeorgIa ~ :," { . ~1n!~1~ ~jres Jun~ 1, 2001 : - - ~- -.~..,~ ..., ~.J. ., /. -, 'Y 5 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR August 24, 2000 RECEIVED Arm 2 8 2000 Honorable Bob Young Mayor of AugustalRichmond County 530 Greene Street Augusta, Georgia 30911 Mayor's GUice Augusta-RiChmond County Dear Mayor Young: The attached contract when executed commits state funds In the amount of $25,000 to Augusta/Richmond County. 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 the 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 you and the General Assembly in the administration of this grant. If you have any questions, please feel free to call me or either Amy Hill at 404.679.3154 or Bobby Stevens at 404.679.4943. Sincerely, ~don Commissioner JH/cm Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L=.J 60 Executive Park South, N.E.. Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper Grant No. 01-C-L-319 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 17th day of August 2000, by and between the Department of Community Mfairs 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 O.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 Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts, an amount not to exceed $25,000 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 the Recipient in accordance with the following payment schedule: $18,750 Within ten days of the Department's receipt of the executed Agreement. $6,250 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $25,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. Grant No. 01-C-L-319 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials, agents and employees of the Recipient have not violated any applicable federal, state or local conflict of interest laws, ordinances, rules or regulations, including but not limited to, O.C.G.A. ~45-1O-20 through ~45-10-28 and O.C.G.A. ~36-67A(l) through ~36-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally, the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Lel'!ally Bindinl'! 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 Agency or Partnership. Nothing herein nor any actions of the parties hereto or their agents or employees shall create any agency relationship, partnership or joint venture, between the Department and the Recipient. The Department is not an agent or representative of the Recipient and the Recipient is not an agent or representative of the Department. The Recipient shall be solely responsible for performing any and all obligations under this Agreement. 10. Termination. The Department may terminate this Agreement. with or without cause, upon five business days written notice to the Recipient. If at the time of termination, any funds under this Agreement have not been disbursed to Recipient, said funds shall be retained by the Department. 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (iii) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal, state or local law, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. Grant No. 01-C-L-319 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 th~ performance of a public function through a contract for services by a religious organization. Bennett v. City oJ LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life 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. 01-C-L-319 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 COMMUNIlY AFFAIRS By: Attachments: Exhibit A, "Scope of Services" ... ., Grant No. 01-C-L-319 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Richmond County to promote collection and management efforts of 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 substantial benefit. · To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. · It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. AUGUSTA-RICHMOND COUNTY COMMISSION 038805 x :.' . DESCRIPTION : .. P.O;. NUMBE1R, :,,JNVO INvOI < ...':.,.., N=AMnIlNT 3RANT 01CL319 18,750.00 0.00 18,750.00 - .. - - .. . .. CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 038805 09/29/00 18,750.00 0.00 18,750.00 II , , I' "If;' 'I I ,. . . . .' , II' " j , I " I I" 11,111I';,,:,',,::.- ,') " ::,:11;',:,',,1:1 - AUGUSTA~RI.cHMOND~ COUNTY ","~.F, ';~'" .~~QMI'i!155IPN }' ~ =' .'ti.....-;.R.p... Q)Jij1.~.. .~. .....osf.J!€COIUNTI. NG'." DEPA,RTMEN:t..., ,. {~".. f.c~~"_ 53Q;GREENE STREeT',,,",. , "~: '::IliUGl:lJilTA;;GgoRGIA,'3091,1il . ~~PI;lO~E\(i1(j6) 821-2334,,; . ""~1 ''t.-c'G~~ . ""'[':" 64-137 611 .lpt';Q81t.r*MquN1ij~{it,4I':itD ' **$18,750.00 *'*:**** fi'*'* ~"-ir* * 'ftl ,. tllf .,:'. ~,. '~'...j"'- ~~J~~:~ l~t::,~~ ~~fi::~( ,-. ~'f<~:. ~1f'1<'*~*'**'"!"~-7f:~ **'* ***** * * ** ** *'*"**,* *$18, 7S0ANDNOCENTS. ' l2" ~H ~<;~~~'(.l" ' ::" , " , ' VOID AFTER 90 DAYS, PAY ~TOTHE ORDER OF. 76749 AB'G RC MUSEUM . AJ~~J6l. W~c;~~ . ASSISTANTCOM~OLLER ' '-I REGIONS BANK OF GEORGIA' AUGUSTA. GEORGIA III 0 j a aDs III I: 0 b . . 0 . j 7 5 I: b a 10 .. I.. a j g 1..111 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR September 20, 2000 Honorable Bob Young Mayor of AugustaJRichrnond County 530 Greene Street Augusta, Georgia 30911 I Dear Mayor Young: Enclosed is a check in the amount of $130,500.00 representing the fIrst payment under the following Local Assistance Grants: # 01-C-L-318 $7,500 - To contract for services with the Augusta-Richmond Opportunities Center, Inc. # 01-C-L-319 $18,750 - To promote collection and management efforts of the AugustaJRichmond County Museum. #01-C-L-320 $15,000 - To contract for services with Good Hope Social Services summer school program in Augusta-Richmond County. #01-C-L-32l $18,750 - For landscaping and flowers for AugustaJRichmond County. #Ol-C-L-322 $3,750 - To contract for services with Belle Terrace Community Center for summer programs in AugustaJRichmond County. #0 l-C-L-323 $33,750 - Improvements to a recreation facility and adjacent facilities m AugustaJRichmond County. #Ol-C-L-324 $33,000 - To contract for services with Southeastern Firefighters Burn Foundation in Richmond County. Also enclosed are copies of the executed contracts for your files and Local Assistance Grant Request for Final Payment Form. This form must be completed and returned once you have completed your project and expended the full amount of the grant funds. Upon receipt of this form we wi11 issue the final payment. Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha. Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L:.J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 . (404) 679.4940 www.dca.state.ga.us All Equal Opportunity Employer @ Recycled Paper STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ay of ~~ 2000, 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 $25,000.00 (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 archives, and arts and science programs and facilities. 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: u Police and fire protection; o Garbage and solid waste collection and disposal; C Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; 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; u Parks, recreational areas, programs, and facilities; C Storm water and sewage collection and disposal systems; C Development, storage, treatment, purification, and distribution of water; ~ Public housing; o Public transportation; ~ Libraries, archives, and arts and sciences programs and facilities; ~ Terminal and dock facilities and parking facilities; Codes, including building, housing, plumbing, and electrical codes; or 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, 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 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 ce determined the Grant from the State to Augusta is in violation of any law or be declared invalid for any reason, and Organization shall refund or reimburse to Augusta any monies paid pursuant to this Agreement. IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. AUGUSTA-RICHMOND COUNTY MUSEUM ORGANIZATION By: ~ - As . t S ...7 ..,..:'_",~ I v.~ 0, 'l...s:::..-~ __ ATTEST: (\ ~.;, Y'.- --y~ Title: --cJ~<1 M~~(f{:J~o) Sworn to and subscribed bef e me this ~ day of , 2000. o? By: ., I . . l.{,V As l ts :'/71/ ATTEST: l1JL Notary '1blic My Co~ ission Expires: ~otary Publ~,. Richmond Cnll:Jiy, GeorgIa 1'1. ~oml11!~loQ .Expires June. 1, 2001 5 Cf/ Grant No. 01-C-L-319 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS Tms AGREEMENT entered into this 17th day of August 2000, by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and Richmond County, a political subdivisidn 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 O.C.G.A. 850-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS. the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend funds for the purposes set forth herein; NOW. THEREFORE, in consideration of the mutual covenants and warranties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree and covenant as follows: 1. Scope of Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts, an amount not to exceed $25,000 to be used solely for the purposes specified in the attached Exhibit A. which is incorporated herein by reference and made a part of the Agreement. 2. Accountability. The Recipient agrees to expend said funds solely in conformance with this Agreement and to account for said funds in accordance with generally accepted accounting principles. Any funds not expended for the purposes provided herein shall be retumed to the Department, no later than completion of the project. 3. Disbursement of Funds. Subject to the availability of funds for such purpose, the Department shall pay the Recipient in accordance with the following payment schedule: $18,750 Within ten days of the Department's receipt of the executed Agreement. $6,250 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $25,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. Grant No. 01-C-L-319 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials, agents and employees of the Recipient have not violated any applicable federal, state or local conflict of interest laws, ordinances, rules or regulations, including but not limited to, O.C.G.A. ~45-10-20 through 945-10-28 and O.C.G.A. ~36-67A(l) through 936-67A(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 Bindinl'! 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 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 A!!encv or Partnership. Nothing herein nor any actions of the parties hereto or their agents or employees shall create any agency relationship, partnership or joint venture, between the Department and the Recipient. The Department is not an agent or representative of the Recipient and the Recipient is not an agent or representative of the Department. The Recipient shall be solely responsible for performing any and all obligations under this Agreement. 10. Termination. The Department may terminate this Agreement. with or without cause, upon five business days written notice to the Recipient. If at the time of termination, any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. 11. Satisfaction. In the event the Department determines, in its sole discretion. that the Recipient: (I) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (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. I, Grant No. 01-C-L-319 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 thi:: performance of a public function through a contract for services by a religious organization. Bennett v. City oJ LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictiona'ry 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 A!!reement. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise, other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification 'in writing. [Executions on following page] I. Grant No. Ol-C-L-319 Me tlL t.lS €'u ~ Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first WIitten above. By: FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS By: Attachments: Exhibit A. ~Scope of Services" ~ , I . Grant No. Ol-C-L-319 Page 5 of 5 EXHmIT A The Local Assistance Grant shall be used by Richmond County to promote collection and management efforts of 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 substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. ~ . GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 12, 2000 Honorable Bob Young, Mayor AugustaJRichmond County 530 Greene Street Augusta, Georgiaa 30911 Dear Mayor Young: I am pleased to advise you that $25,000 in Local Assistance Grant funds has been included in the Fiscal Year 2001 State Budget. A brief description of the purpose for the grant is included on the enclosed application form. To begin the paperwork necessary to receive this grant, please complete in detail the attached application form and return it to my office. Once we have received and approved the application, we will forward a contract to you. We are delighted to assist you with your community development activities. If you have questions, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Thank you. Sincerely, 74 cr. VI,-,' 0.--- 1m Higdon Commissioner JH: bsa Enclosure eaUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper STATE OF GEORGIA GRANT CERTIFICATION FORM f ... ~ As required by House Bill 1364 of the 1998 Session of the General Assembly, each grant of state funds to a local government from the governor's emergency fund or from a special project appropriation shall be conditioned upon the receipt by the state auditor of a properly completed grant certification form. One Grant Certification Form should be prepared for each grant awarded to the local government. The Grant Certification Form(s) should be submitted to the State Auditor with one c,opv of the annual audit report. Questions concerning the preparation and submission of this form should be referred to Local Government Audit Section of the Georgia Department of Audits and Accounts. Instructions for Completion 1. Complete lines A through K on page 2 of this form. Please note that one form should be used for each grant from the governor's emergency fund or from a special project appropriation. 2. The appropriate officials should sign and date the section entitled "Certification of Local Government Officials." 3. Attach Independent Accountant's Report. 4. Mail the Grant Certification Form (including Independent Accountant's Report) with one copy of the audited annual financial report to: State of Georgia, Department of Audits and Accounts Local Government Audits Division 254 Washington Street, S.W. Suite 322 Atlanta, Georgia 30334-8400 5. If the local government meets the eligibility criteria for an agreed upon procedures engagement in accordance with the provisions of the Official Code of Georgia Annotated Section 36-81-7, the local government is responsible for ensuring that the procedures performed by the independent certified public accountant are sufficient in scope to enable the CPA to complete the Independent Accountant's Report. These procedures include examination of grant application and award documentation to become familiar with the terms and conditions of the grant; verification of receipt of grant proceeds; and evaluation of the local government's documentation of expenditures. The purpose of these procedures is to comply with the provisions of House Bill 1364 requiring certification that the grant funds were used solely for the express purpose or purposes for which the grant was made. 6. _ Whether the local government engages an independent certified public accountant to perform an audit or perform the agreed upon procedures, for purposes of meeting the requirements of House Bill 1364 the independent CPA should be engaged to examine management's assertion of compliance with the requirement to use grant funds solely for the express purpose or purposes for which the grant was made. The independent CPA should conduct the engagement in accordance with the standards for examination engagements for compliance attestation contained in the Codification of Statements on Standards for Attestation Engagements. 7. This form and the accompanying Independent AccountanCs Report is required to be filed with the state auditor in conjunction with the annual audit for each year in which grant funds are expended or remain unexpended by the local government. 8. Questions concerning the provisions of House Bill 1364, the State of Georgia Grant Certification Form, or attestation engagements should be referred to Edward Blaha, Deputy Director, Local Government Audit Section, at the address listed above; telephone (404) 65 I - 5 I 15; fax (404) 651- 5608; or e-mail b1ahaef@mai1.audits.state.ga.us STATE OF GEORGIA GRANT CERTIFICATION FORM · .. t A Local Government B Information For Year Ended I , C State Awarding Agency . 0 Grant Identification Number E Grant Title F Grant A ward Date G Grant Amount H Balance - Prior Year (Cash or Accrued or Deferred Revenue) I Grant Receipts or Revenue Recognized J Grant Disbursements or Expenditures K Balance - Current Year (Cash or Accrued or Deferred Revenue) (Line H + Line I - Line 1) Certification of Local Government Officials I have reviewed the information presented above and certify that. it is accurate and correct. I further certify that the proceeds of the grant award identified above were used solely for the express purpose or purposes for which the grant was made. I understand that failure to comply with the provisions of the law applicable to this grant award shall result in a forfeiture of such grant and the return to the state of any such grant funds received. . Signature of Chief Elected Official Date Signature of Chief Financial Officer Date ~ IndelJendent Accountant's ReTJort - - We have examined management's assertion included in the accompanying State of Georgia Grant Certification Form about [name of government]'s compliance during the fiscal year ended [date] with the requirement to use grant proceeds solely for the purpose or purposes for which the grant was made for:each of the following grant award(s): [Individually identify each grant award of governor's emergency funds and/or special project appropriation.] Management is responsible for [name of government]'s compliance with this requirement. Our responsibility is to' express an opinion on management's assertion about the [name of govemment]'s compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name of government]'s compliance with this requirement and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on [name of government]'s compliance with the specified requirement. In our opinion, management's assertion that [name of government] complied with the aforementioned requirement for the fiscal year ended [date] is fairly stated, in all material respects. " - ~ i. .. I~C ~L~ Application for Local Assistance Grant Local Assistance Grants are made pursuant to a.c.G.A. ~50.8-8(a) which provides in pertinent part: "The cUpartmazt shall make grants to aigible recipients ar qualified local govern m azts, which grants are specified by amount, recipient, and purpose in an appropriation to the department" 1. Recipient identified by rhe General Assembly in Appropriarions Act: Ricnmond County 2. Amount appropriated by Gener:J Assembly: $44,000 3. Purpose of the Local Assistance Grane :lS specified by the General Assembly in the Appropriations Act: Contract for services with Southeastern Firefighters' Burn Foundation in Richmond County 4. Information Required by rhe Dep;mment of Communiry Affairs for Award: a. Please provide a derailed description of the project:, location, type of work to be: initiarc:d, and for what purposes rhe funds awarded rhrough rhis grant would be used. Amch additional pages if necessary. SEE ATTACHED b. Please provide a budget for the proposed project, listing all revenues and expenditures. Project Revenues Project Expenditures Local Assistance Grant $ 44,000.00 $ 44,000.00 Local Govt. Other $ 67,726.00 $ 67,726.00 Total $ 111,726.00 $ 111,726.00 c. Provide expected project stare up and project completion dates: 01 01 00 12 31 00 - - --- B~Kinnin! Dau u,"pktion Dau 5. G,nract Informacio~: PI~:tSe provid~ the following con"tact information For chc grant. Name: Jerry M. Newman Address: 1109 Medical Center Drive -- Suite a-A City: Augusta State: GA E-mail: SFBF2876@AOL.COM Zip: 30909 TeI~phon~: 706-650-2876 Facsimile: 706-RSS-Rn?"\ Name: John R. Tomhprl;n. Jr 1109 Medical Center Drive - Sui TP A A Address: City: Augusta State: GA E-mail: SFBF2876@AOL.COM Zip: 30909 Telephone: 706-650-2876 Facsimile: 706 RSS Rn?"\ 6. Certification r ... ( I, the undersigned authoriud representative of the localgov~rnment described in this application, certify that to the best of my knowledge, the inFormation in this application is true and correcc and the Local Assistanc~ Granc subject to m' plication will be us~d For me purposes omlind above. I further c~rtify the local g6vernm~nr describ~d in t ication has all r~quisite power and auchority to exp~nd funds for the purposes scc forth herein. / ~"~:~~~:~ &t t bob ~ L k ~ - R - dO Ti& 1-/1 (.. 7 {) V Dat~ For addicional informacion or assiscance, pl~:tSe conract Amy Hill ac (404) 679-3154 or Bobby Stevcns at (404) 679-4943. Georgia Deparcment of Community Affairs 60 Executive ParI< Soum, NE Atlanta, GA 30329-2231 www.dca.scate.ga..us 6/00 l GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 12,2000 Honorable Bob Young, Mayor Augusta-Richmond County. 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $44,000 in. Local Assistance Grant funds for Richmond County has been included in the Amended Fiscal Year 2001 State Budget. A brief descrlFtion 017 the purpose for the grant is included on the enclosed application form. To begin the paperwork necessary to receive this grant, please complete in detail the attachc::d application form and remrn it to my office. Once we have received and approved the application, we will forv.:ard a contract to you. We are delighted to assist you WIth your community development activities. If you have questions, please contact Amy Hill at (404) 679-3l54 or Bobby Stevens at (404) 679-4943. Thank you. Sincerely, ~) ~1~d(Oj) Jim Higdon Commissioner JH: bsa Enclosure eQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us All Equal Opportullity Employer @ Recycled Paper 1 M Project Operation of the Shirley Badke Burn Retreat Providing Patient Services Providing Education and Research Project Location -- 3614-C J. Dewey Gray Circle Richmond County, Georgia Richmond and Columbia Counties, Georgia Detailed Description of Project -- The operation of the Shirley Badke Burn Retreat provides a comfortable home and a place of rest for families of burn patients. The Retreat offers beds, showers, kitchen and laundry facilities, including washing machine, dryer, microwave oven and refrigerator. A private counseling and reading room, as well as a large sitting area with "big screen" TV, are also integral amenities of the Retreat. In addition, the Foundation provides the Burn Survivors Reunion which reunites burn survivors with other survivors, doctors, nurses and caregivers. The Reunion also features support groups, educational seminars and entertainment. The Foundation makes prevention training available to medical/professional personnel and to school children, and supplies smoke alarms to low and fixed income families. Patient Services provides pressure garments, medication, transportation, food, clothing, counseling and lodging for burn survivors. The local assistance grant will be used to fund the three areas of the Project to include 1) Operation of the Shirley BadkeBurn Retreat, 2) Patient Services, and 3) Education and Research. BUDGET Total. Retreat Patient Services Education & Research REVENUE Total. Local. Assistance Grant Gospel. Sing Casino Night Courtyard Project Giving Trees Boot Drives $ 111,726.00 48,644.00 26,163.00 12,163.00 $ 111,726.00 44,000.00 12,000.00 10,000.00 5,000.00 5,000.00 35,000.00 STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this~~ay of ~~ 2000, 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 SOUTHEASTERN FIREFIGHTERS' BURN FOUNDATION 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 $44,000.00 (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 ~eference. 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 the operation of the Shirley Badke Burn Retreat, 1~~~/$E~~~5 ~H~ ~~p~~p~ 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; vi Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; u 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; Parks, recreational areas, programs, and facilities; ~ Storm water and sewage collection and disposal systems; ~ Development, storage, treatment, purification, and distribution of water; o Public housing; o Public transportation; C Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; C Codes, including building, housing, plumbing, and electrical codes; or 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 fer 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. "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.J 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. SOUTHEASTERN FIREFIGHTERS' BURN FOUNDATION ORGANIZATION ~, By: ,'1-:;1J './1 I I By: ATTEST: Title: ATTEST: of WI'" WMMISSUN I:XPIHES JUNE 7, 2003 5 ~ V l , , Grant No. Ol-C-L-324 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 17th day of August 2000. 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 O.C.G.A. 950-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend funds for the purposes set forth herein; NOW, THEREFORE. in consideration of the mutual covenants and warranties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree and covenant as follows: 1. Scope of Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts, an amount not to exceed $44.000 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 the Recipient in accordance with the follOwing payment schedule: $33,000 Within ten days of the Department's receipt of the executed Agreement. $11.000 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $44.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. .' . Grant No. 01-C-L-324 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials, agents and employees of the Recipient have not violated any applicable federal, state or local conflict of interest laws, ordinances, rules or regulations, including but not limited to, O.C.G.A. 1345-10-20 through 1345-10-28 and O.C.G.A. 1336-67A(l) through 936-67A(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 LeJ!allv BindinJ! 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 AuditinJ!. 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 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 Mencv 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 WIitten notice to the Recipient. If at the time of termination, any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of-this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (iii) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal. state or local law. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. ~ . Grant No. 01-C-L-324 , 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 wox:-ds 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 oj LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, \vithout 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 AJ!reement. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise, other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in WIiting. [Executions on following page] Grant No. 01-C-L-324801A7t/E/I~,7-?id YrM {f0~~ (~ ~ b/ *dd Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first WIitten above. FOR TIIE RECIPIENT By: FOR THE DEPARTMENT OF cOMMUNIlY AFFAIRS By: ~ J~omnUssloner Attachments: Exhibit A. ~Scope of Services" , . Grant No. 01-C-L-324 Page 5 of 5 EXHmIT A The Local Assistance Grant shall be used by Richmond County to contract for services with Souhteastern Firefighters' Bum Foundation 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 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. Application for Local Assistance Grant Local Assiscance Granes are made pursuant to a.c.G.A. ~50-8-8(a) which provides in pertinenr parc: ((Th~ ckpartmrot shall mak~ grants to ~ligible r~cipirots or qlUllifi~d local govern mro ts, which grants ar~ sp~cifi~d by amount, ruipirot, and purpos~ in an appropriation to th~ department" 1. Recipient identified by che General Assembly in Appropriacions Acc: Ricnmond County 2. Amount appropriaced by General Assembly: $44,000 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriacions Act: Contract for services with Southeastern Firefighters' Burn Foundation in Richmond County 4. Informacion Required by che Dep.arcmenr of Community Affairs for Award: a. PIc:3Se provide a decailed descripcion of the project, locacion, type of work to be iniciaced, and for whac purposes the funds awarded chrough chis granr would be used. Accach addicional pages if necessary. SEE ATTACHED b. Please provide a budget for the proposed project, liscing all revenues and expenditures. Project Revenues Project Expenditures Local Assiscance Granc $ 44,000.00 $ 44,000.00 Local Gove. Ocher $ 67,726.00 $ 67,726.00 Total $ 111,726.00 $ 111,726.00 c. Provide expected project start up and project completion dates: 01 01 00 12 31 00 - - --- 8<Kinnint Dau Compution Dau 5. o'ntact Informatio~: Please provide the following con'tact informatior; for the grant. Name: Jerry M. Newman Address: 1109 Medical Center Drive -- Suite 8-A City: Augusta Telephone: 706-650-2876 Facsimile: 706-RSS-Rn?<; Srate: GA Zip: 30909 E-mail: SFBF2876@AOL.COM Name: John R. Tomhprlin. Jr 1109 Medical Center Drive -- SU;TP 8 A Address: City: Augusta Srare: GA Zip: 30909 Telephone: 706-650-2876 Facsimile: 706-RS<;-Rn?<; E-mail: SFBF2876@AOL.COM 6. Certification I. me undersigned authorized representative of rhe local ,government described in rhis applicarion, cerrify rhat [0 the best of my knowledge, me information in this application is rrue and correct and the Local Assistance Gram subject [0 rh' plication will be used for the purposes outlined abo~e. I furrher certify the local government described in ap ication has all requisite power and authority [0 expend funds for the purposes set forth herein. ~-~ . () /If Nam( (PU(1.U pn t) 00 Date 7i& jlJt 0 7 d Y For additional information or assistance, please contact Amy Hill ar (404) 679-3154 or Bobby Srevens ac (404) 679-4943. Georgia Department of Community Affairs 60 Executive ParI< South, NE Arlanra, GA 30329-2231 www.dca.scare.ga.us 6/00 .,' GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, NE · Atlanta, Georgia, 30329-2231 SOUTHEASTERN FIREFIGHTERS RECIPIENT: 'BURN FouNDATION LAGGRANT AGREEMENT NUMBER: C-L-324 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 AS,sistance 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 gIant nUmber appeaxs in the upper left-hand comer 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 Laura Jones at (404) 679-3154. CERTIFICATION: , 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 funds 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. Authorized Signature ty I. / Date / /'1 Name and Title Bob Young, Ma or Office of The Clerk of Commission Lena J. Bonner, CMe Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: November 2,2000 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed is a check in the amount of $17,250 from the above referenced agency representing final payment for the following grant recipients: ORGANIZATION GRANT NUMBER GRANT AMOUNT Augusta-Richmond County 01-C-L-319 $6,250 Museum Southeastern Fighters Bum 01-C-L-324 $11,000 Foundation Please return all checks to the Clerk's Office so that they can be forwarded to the appropriate Legislative Representative for distribution. Thank you for your continued assistance. Enclosure: Check 6 - GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR October 31, 2000 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: Enclosed is a check in the amount of $17,250 representing the final payment under the following Local Assistance Grants: $ 6 250 I}...e~ /1ltlSG?l~ $11:000SlUrH~ST~ ~6N-T~R-$ ~ M ~,dJ It-{"llJr"'; If you have any questions, please call Amy Hill at (404) 679-3154. Grant No. 01-C-L-319 Grant No. 01-C-L-324 Sincerely, 4~ JJ~- Jim Higdon Commissioner JH/j a Enclosure eQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper AUGUSTA-RICHMOND COUNTY COMMISSION 041237 DESCRIPTION . P.O. NUMBER INVOICE NUMBER INVOICE AMOUNT , NET AMOUNT 3RANT 110200 11,000.00 0.00 11,000.00 - - .- - -.. - - .- .- - - - - . . - - . - - - - - - I I I ! I CHeCK NUMBeR I CHeCK DATe I TOTAL INVOices DISC TOTAL CHeCK TOTAL 041237 111/03/00 I 11,000.00 0.00 I 11,000.00 I ~~;I~;~ .,.....~..~ ....- ~ 611 "jl"'j ,1 U \'" -,I ; . . , , < .;. ,t ~ . I, I. 1 t', tl,' . - ',; . ~ I' \: ", . VOID AFTER 90 DAYS , ',' fAY . 78232 . , , . i'o..HE L. :~;:':',j~0~HEAS~.~' FI~~Ip'~a:;ER~'", OADm",c~c-':atJR1.t FOBNOATrON .","', I,' i;.~ .>,<';' ,am:~~~i~Ui~f~)' <.:~~;, '",iJ',. l,::":,<;,:;;~,;:",'):,,,:'':i,-'';' . ~~J:!..__~~~>~ ~,"'l' I ""'~iIl~~Ji5!'>tIJ;"~"<'I"~_ '~~?'1~"'" __:,.,.... " ; ""l<!"~'"' ~",'~\!. ...J~ 1r~>'I(1 <:!i~L~l!~ i.~:'t :~ .''AG ';. :;.,.f:;#1~~j,{f;~~ ~~"b~~" ~.Itl~~t~~~""'i; " <";;;~~~'~':~.''''05'i'~~~{~~..!l~B.\f' '0 II- 0 L. ~ 2 3 7 1111 I: 0 b ~ ~ 0 ~ 3 7 5 I: b a 30 I. L. a 3 q L.II- UlOO "'00 UlO ' C'lC'l0 ""UI Or-C'l 0C'l . O'r- 00'" 0...... I- Zo ::J_ 0<( :E~ <( 00 00 00 UlO C'l0 CO'" ... 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I [ l l L . rI:~~\\N P~A 7~ ~ S ~ c ~ ~ - , ~ PollND~1\O~" October 18,2000 Lena 1. Bonner Clerk of Commission Room 806 Municipal Building 530 Greene Street Augusta, GA 30911 Re: FY2001 State of Georgia Grant 01CL324 Request for final payment Dear Ms. Bonner, Please submit a request for final payment of the grant award to the Department of Community affairs. This should be for 25 percent or $11,000.00 The project is complete and the full amount of the grant funds has been expended. This letter is a certification that we have fulfilled the scope of the work outlined in the grant agreement. Thank you for your help and support on this project. It means so very much to so many people in need. Jerry Executive Direct r ll09 Medical Center Dr., Suite 8-A * Augusta, Georgia 30909 (706) 650-BURN(2876) or (800) 650-BURN* (706) 65l-6389 * Fax (706) 855-8625 email: sfbf2876@aol.com * Visit Our Web Site: www.theburncenter.org GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 12,2000 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young; I am pleased to advise you that $44,000 in Local AssistaDc.e Grant funds for Richmond County has been included in the Amended Fiscal Year 2001 State Budget. A brief descriJ.'tion of the purpose for the grant is included on the enclosed application form. To begin the paperwork necessary to receive this grant, please complete in detail the attached application form and return it to my office. Once we have received and approved the application, we 'will fOf\\'ard a contract to you. We are delighted to assist you WIth your community development activities. If you have questions, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Thank you. Sincerely, ~~~ffin Jim Higdon Commissioner JH: bsa Enclosure eQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us All Equal Opportunity Employer * Recycled Paper #4 Project Operation of the Shirley Badke Burn Retreat Providing Patient Services Providing Education and Research Project Location -- 3614-C J. Dewey Gray Circle Richmond County, Georgia Richmond and Columbia Counties, Georgia Detailed Description of Project -- The operation of the Shirley Badke Burn Retreat provides a comfortable home and a place of rest for families of burn patients. The Retreat offers beds, showers, kitchen and laundry facilities, including washing machine, dryer, microwave oven and refrigerator. A private counseling and reading room, as well as a large sitting area with "big screen" TV, are also integral amenities of the Retreat. In addition, the Foundation provides the Burn Survivors Reunion which reunites burn survivors with other survivors, doctors, nurses and caregivers. The Reunion also features support groups, educational seminars and entertainment. The Foundation makes prevention training available to medical/professional personnel and to school children, and supplies smoke alarms to low and fixed income families. Patient Services provides pressure garments, medication, transportation, food, clothing, counseling and lodging for burn survivors. The local assistance grant will be used to fund the three areas of the Project to include 1) Operation of the Shirley Badke Burn Retreat, 2) Patient Services, and 3) Education and Research. BUDGET Tota1 Retreat Patient Services Education & Research REVENUE Tota1 Loca1 Assistance Grant Gospe1 Sing Casino Night Courtyard Project Giving Trees Boot Drives $ 111,726.00 48,644.00 26,163.00 12,163.00 $ 111,726.00 44,000.00 12,000.00 10,000.00 5,000.00 5,000.00 35,000.00 Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 July 18, 2000 Southeastern Firefighters Burn Foundation 3614 J. Dewey Gray Circle Augusta, Georgia 30909 Dear Sir/Madam: Enclosed is the following application forms from the Georgia Department of Community Affairs regarding the Local Assistance Grant from Fiscal Year 2001 State Budget, which was awarded to your agency through the efforts of our local Legislative Delegation. Please complete the higWighted areas on the form and return promptly to my attention. Also, please execute the enclosed contract between your agency and the city, which is needed to aid in the release of funds. Should you have any questions or need any additional information, please feel free to call. ' Very truly yours, Jl;; Lena J. B nner, Clerk of Commission Enclosures: .. ~ ItJlIND~1\O~ August 4,2000 Lena 1. Bonner, CMC Clerk of Commission Room 806 - Municipal Building 530 Greene Street Augusta, GA 30911 Re: Application for Local Assistance Grant Georgia Department of Community Affairs Dear Lena, Enclosed is the completed application along with two copies ofthe grant agreement between the Southeastern Firefighters' Bum Foundation and the City of Augusta. Please expedite the application and procedure to aid in the release of the funds. As I understand the procedure, we can expect seventy-five percent ofthe funds now and the balance of twenty-five percent when the project is complete. Thank you for your help in this matter and please feel free to call should you need additional information. ~ ll09 Medical Center Dr., Suite 8-A * Augusta, Georgia 30909 (706) 650-BURN(2876) or (800) 650-BURN* (706) 651-6389 * Fax (706) 855-8625 email: sfbf2876@aol.com * Visit Our Web Site: www.theburncenter.org AUGUSTA-RICHMOND COUNTY COMMISSION 039275 DI=Sl"R PTI N......... .. P.O: NUMBER . INVOIcE NUMBER . . INvOIl;E;' AMOUNT'. "......,. " ........ ..' ,'.:. NET.:AMnUNt.:... GRANT 01CL324 33,000.00 0.00 33,000.00 - - - - - - CHeCK NUMBeR CHeCK OATe TOTAL INVOices DISC TOTAL CHECK TOTAL 039275 09/29/00 33,000.00 0.00 33,000.00 , , I' "11:' '1 I " . , . " I '" ," , . I '. 64-137 611 L .' ~ II I' I,' I " I~' '~'~I~'I!'\/."I'I ' ,., };;~WAN(QUN;:rJ.';{.~,,/.'; ,**$33,000.00 *7:f'" *** r~t 1~-:**'*'*l1: **;t.*j';oc**:* * ~.* ** *** *'-*~* *~,**'*,~*$33 , 0.OO~~9CENTS.. ~i,CJ =;i::-~ _"_" ~ __0, ~ '-, " I , ~-=-'~~i. j~I~r ~ ~:;-~~~ VOID AFTER, 90 DAYS. 78232 SqUTHEASTERN ~IREFIGH1;'ERS 'BuRN FOUNDATION JOon-na sbJ. w~~.~ ASSISTANT C;;OMPTROLlER REGIONS BANK OF GEORGIA AUGUSTA, GEORGIA " III 0 ~ g 2 ? 5 III I: 0 b . . 0 . ~ ? 5 I: b B ~ 0 . 1.. B ~ g 1.. III GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR August 24, 2000 Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 309ll Dear Mayor Young: The attached contract when executed commits state funds In the amount of $44,000 to AugustalRichmond County. 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 l2) 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 the 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 you and the General Assembly in the administration of this grant. If you have any questions, please feel free to call me or either Amy Hill at 404.679.3l54 or Bobby Stevens at 404.679.4943. Sin:~fI+~ Lt Higdon Commissioner JH/cm Enclosure cc: Richmond County Legislative Delegation eQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper Grant No. 01-C-L-324 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 17th day of August 2000. 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 O.c.G.A. 1350-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and 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 Project. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts. an amount not to exceed $44,000 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 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 the Recipient in accordance with the following payment schedule: $33,000 Within ten days of the Department's receipt of the executed Agreement. $11.000 Upon receipt by the Department of WIitten certification of project completion in accordance with this Agreement. $44.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. Grant No. 01-C-L-324 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials, agents and employees of the Recipient have not violated any applicable federal, state or local conflict of interest laws, ordinances, rules or regulations, including but not limited to. O.c.G.A. g45-1O-20 through g45-1O-28 and O.c.G.A. g36-67A(l) through g36-67A(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 Lee:a1ly Bindine: 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. Monitorine: and Auditing. Upon request, the Recipient agrees to provide the Department with ~my 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 A.l!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. 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (iii) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal, state or local law. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. Grant No. 01-C-L-324 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, 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 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 WIiting. (Executions on following page] Grant No. 01-C-L-324 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first WIitten above. FOR THE RECIPIENT FOR THE DEPARfMENT OF cOMMUNI1Y AFFAIRS By: By: Attachments: Exhibit A, ~Scope of Services" Grant No. 01-C-L-324 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Richmond County to contract for services with Souhteastern Firefighters' Bum Foundation 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 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. AUGUSTA-RICHMOND COUNTY COMMISSION 038948 ." O&::..,..gIDTION', .... PoO: NUMB&::D" >>'.INvnIC "INVOIC ,;:wv ,.",,,,,.>" '" . . . NET AMOUNT. 3RANT 00CL407 1,250.00 0.00 1,250.00 - -- - - -. - - - - - -- -0 .- - - - CHeCK NUMBeR CHECK DATE TOTA INVOICES DISC TOTAL CHeCK TOTAL 038948 09/29/00 1,250.00 0.00 1,250.00 O' II . . .. ".1:' "I I' , I . " . II' .. " " I I . .iI",: J' : AUGUSTA~RtCHMOND COUNTY '..'-...oCOMMISSION F~J>: '~:r~oo~~-~~~NJ':~~~lC ,AUGUSTA,.GEORGIA'309f1, '>.::, c PHONE(706) 821-2334' 64-137 611 y.~F:jJ~~;:,'~Et~~*<~MQ~Nmf:'._~:':'.::!:M~GF:I,1 ******~*t*)* *.~~*:*~~*** *'***1*"\* ***'*'.*'* **~.*:~ * * $,~, 250~NOCENTS: ?~_~r1 fO ";::, =:f;-~,~ , ..' , ':,i',:'i'~':'~" ',II~":,,""" 'j' ',',1/,'",:., {::,. ,,;' 111",',1 j , ,'~ ,'. : ~:- .-._+- .., VOID AFTER 90 DAYS PAY TO THE ORDER . OF, ' 191 CSRA ECONOMIC OPPORTUNITY ,:...... .~A9oYvYta~w-cLb c;~rr..-<:J ASSISTAtlT COMPTROLLER , " .... REGIONS BANK OF GEORGIA AUGUSTA, GEORGIA 1110 :) a g 1.. a III ': 0 b .. .. 0 .. :) 7 5 I: b a :) 0 .. 1.. a :) g 1.. III GEORGIA DEPARTlVIENT OF COMMUNITY AFFAI.RS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR September 20, 2000 Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 309ll I Dear Mayor Young: Enclosed is a check in the amount of $130,500.00 representing the first payment under the following Local Assistance Grants: # Ol-C-L-3l8 $7,500 - To contract for services with the Augusta-Richmond Opportunities Center, Inc. # Ol-C-L-319 $l8,750 - To promote collection and management efforts of the AugustaJRichmond County Museum. #Ol-C-L-320 $15,000 - To contract for services with Good Hope Social Services summer school program in Augusta-Richmond County. #Ol-C-L-321 $18,750 - For landscaping and flowers for Augusta/Richmond County. #Ol-C-L-322 $3,750 - To contract for services with Belle Terrace Community Center for summer programs in AugustalRichrnond County. #0 1-C-L-323 $33,750 - Improvements to a recreation facility and adjacent facilities III Augusta/Richmond County. #Ol-C-L-324 $33,000 - To contract for services with Southeastern Firefighters Bum Foundation in Richmond County. Also enclosed are copies of the executed contracts for your files and Local Assistance Grant Request for Final Payment Form. This form must be completed and returned once you have completed your project and expended the full amount of the grant funds. Upon receipt of this form we will issue the final payment. Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to fIle the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 6?1-5115. eQUAL HOUSING ~ OPPORTUNITY L:.J flO Executive Park South, N.E. · Atlanta, Georgia 30329-2231 . (404) 679-~940 www.dca.state.ga.us An Equal Oppor!unirv Employer @ /?ecycll!d Paper Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 October 2,2000 Mr. Jerry Newman, Executive Director Southeastern Bum Foundation Suite 8-A 1109 Medical Center Drive Augusta, Ga. 30909 Dear Jerry: Enclosed is a check in the amount of $33,000 representing seventy-five percent of your FY2001 State of Georgia Grant 01CL324 appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program. Upon completion of your project as outlined on your Grant Application you can request through this office in writing final payment of this grant award, which will be forwarded to DCA on your behalf. If I can be of further assistance, please feel free to call. Very truly yours, AdJ:I~ Lena J. Bonner, Clerk of Commission Enclosure: f 7 STATE.OJi GEORGIA GRANT CERTIFICATION FORM As required by House Bill 1364 of the 1998 Session of the General Assembly, each grant of state funds to a local government from the governor's emergency fund or from a special project appropriation shall be conditioned upon the receipt by the state auditor of a properly completed grant certification form. One Grant Certification Form should be prepared for each grant awarded to the local government. The Grant Certification Form(s) should be submitted to the State Auditor with one c,opv of the annual audit report. Questions concerning the preparation and submission of this form should be referred to Local Government Audit Section of the Georgia Department of Audits and Accounts. Instructions for Completion 1. Complete lines A through K on page 2 of this form. Please note that one form should be used for ~ grant from the governor's emergency fund or from a special project appropriation. 2. The appropriate officials should sign and date the section entitled "Certification of Local Government Officials." 3. Attach Independent Accountant's Report. 4. Mail the Grant Certification Form (including Independent Accountant's Report) with one copy of the audited annual financial report to: State of Georgia, Department of Audits and Accounts Local Government Audits Division 254 Washington Street, S.W. Suite 322 Atlanta, Georgia 30334-8400 5. If the local government meets the eligibility criteria for an agreed upon procedures engagement in accordance with the provisions of the Official Code of Georgia Annotated Section 36-81-7, the local government is responsible for ensuring that the procedures performed by the independent certified public accountant are sufficient in scope to enable the CPA to complete the Independent Accountant's Report. These procedures include examination of grant application and award documentation to become familiar with the terms and conditions of the grant; verification of receipt of grant proceeds; and evaluation of the local government's documentation of expenditures. The purpose of these procedures is to comply with the provisions of House Bill 1364 requiring certification that the grant funds were used solely for the express purpose or purposes for which the grant was made. 6.. Whether the local government engages an independent certified public accountant to perform an audit or perform the agreed upon procedures, for purposes of meeting the requirements of House Bill 1364 the independent CPA should be engaged to examine management's assertion of compliance with the requirement to use grant funds solely for the express purpose or purposes for which the grant was made. The independent CPA should conduct the engagement in accordance with the standards for examination engagements for compliance attestation contained in the Codification of Statements on Standards for Attestation Engagements. 7. This form and the accompanying Independent Accountant's Report is required to be filed with the state auditor in conjunction with the annual audit for each year in which grant funds are expended or remain unexpended by the local government. 8. Questions concerning the provisions of House Bill 1364, the State of Georgia Grant Certification Form, or attestation engagements should be referred to Edward Blaha, Deputy Director, Local Government Audit Section, at the address listed above; telephone (404) 651-5115; fax (404) 651- 5608; or e-mail b1ahaef@mail.audits.state.ga.us ; STATE OF GEORGIA GRANT CERTIFICATION FORM .J A Local Government B Information For Year Ended I C State Awarding Agency . D Grant Identification Number E Grant Title F Grant A ward Date G Grant Amount H Balance - Prior Year (Cash or Accrued or Deferred Revenue) I Grant Receipts or Revenue Recognized J Grant Disbursements or Expenditures K Balance - Current Year (Cash or Accrued or Deferred Revenue) (Line H + Line I - Line 1) Certification of Local Government Officials I have reviewed the information presented above and certify that. it is accurate and correct. I further certify that the proceeds of the grant award identified above were used solely for the express purpose or purposes for which the grant was made. I understand that failure to comply with the provisions of the law applicable to this grant award shall result in a forfeiture of such grant and the return to the state of any such grant funds received. . Signature of Chief Elected Official Date Signature of Chief Financial Officer Date ;/ a .. a Indeaendent Accountant's Reaort We have examined management's assertion included in the accompanying State of Georgia Grant Certification Form about [name of government]'s compliance during the fiscal year ended [date] with the requirement to use grant proceeds solely for the purpose or purposes for which the grant was made for.'each of the following grant award(s): [Individually identify each grant award of governor's emergency funds and/or special project appropriation.] Management is responsible for [name of government]'s compliance with this requirement. Our responsibility is to' express an opinion on management's assertion about the [name of government]'s compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name of government]'s compliance with this requirement and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on [name of government]'s compliance with the specified requirement In our opinion, management's assertion that [name of government] complied with the aforementioned requirement for the fiscal year ended [date] is fairly stated, in all material respects. Office of The Clerk of Commission Lena J. Bonner, CMC Oeri< of Commission Nancy Morawski Deputy Cieri< Room 806 - Munidpal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: January 19,2001 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed is a check in the amount of $6,875 from the Georgia Department of Community Affairs representing final payment of grant award. Please issue Augusta-Richmond County checks to the following Local Assistance Grant recipients. ORGANIZA nON I GRANT NUMBER GRANT AMOUNT Augusta-Richmond Co. 01-C-L-321 :5 6.250 Landscape Shiloh Comprehensive Center o l-C-L-423 :5,625 Enclosure: Check Application for Local Assistance Grant Local Assistance Grants are made pursuant to O.c.G.A. ~50-8-8(a) which provides in pertinent part: "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: Augusta/Richmond Counrj 2. Amount appropriated by Gene~al Assembly: $25,000 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Landscaping and flowers for Augusta/Richmond County 4. Information Required by the Department of Community Affairs for Award: a. Please provide a detailed description of the project, location, type of work to be initiated, and for what purposes the funds awarded through this grant would be used. Attach additional pages if necessary. Due to the age of Augusta's Urban Forestry numerous trees have become hazardous and are in a state of decline. The Trees and Landscape Dept. will oversee the removal of approximately 40 100 year old Oaks that are a threat to citizens and motorists. New plantings will be established and city sttreets will be safer which reduces liablity for Augusta Richmond County. b. Please provide a budget for the proposed project, listing all revenues and expenditures. Project Revenues Project Expenditures Local Assistance Grant Local Govt. Other Total ,6.1 ;J --7...1:. ~ . -:~ ~-' .:J"-''- , c. Provide expected project start up and project completion dates: - - --- BetinninJ Dak Compktion Date 5. Contact Information: Please provide the following contact information for me grant. Name: Barrv I. Smi th/ Director of 'T'n~p<:; ;=Jnrl T.rinrlc::(";::res Address: 1 5 5 9 E a q 1 e s Way City: Telephone: 821-1670 Augusta State: GA Zip: 1 0 q 0 4 Facsimile: 8 2 1 - 1 h 7 ? E-mail:bs7548@co. ri rhmnno ga. us Name: Address: City: State: Zip: Telephone: Facsimile: E-mail: 6. Certification I. the undersigned authorized representative of the local government described in this application. certify that to me best of my knowledge, me information in this application is true and correct and the Local Assistance Grant subject to this application will be used for me purposes outlined above. I further certify the local government described in this application has all requisite power and authority to expend funds for me purposes set forth herein. ~jf~ ~-~-~ Willie Mays. III NaTM (PIau print) Mayor Pro Tem Title For additional information or assistance. please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Georgia Department of Community Affairs 60 Executive Park South. NE Atlanta. GA 30329-2231 www.dca.state.ga.us 6/00 -. Pag.. 001 OF 001 Venda, No: 0000013727 VendorNam~ AUGUSTA-RICHMOND COUNTY STA TE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS ATLANTA, GA 9ANK 1100-1000 INVOICE NUMBER 01-C-L-321 01-C-L-423 Pay to _ O_of INVOICE DATE GROSS AMOUNT 01/11/2001 01/11/2001 000020129 000020130 6,250.00 625.00 STATE: OF GEORGIA I1EPAIl'TMEN-T: OF. COMlilmUTcV".4FFA IRS. 60 EXECUTIVE J1ARK SOUTH> N:. E . A>TLAN,r~. Ci.tl 30329 - 223'.1 01/12/2001 Check Dabr AUGUSTA-RICHMON~ COUNTY 530" GREENE STREE.T Pay Exac1Iy SIX THOUSAND eIGHT HUNDR EO SEVeNTY -FIVE AND 00/ 'OCt s. ......... WACHOVIA llANK gtcU~ 11.00000 ~ ~ :l801l. ':0 b ~OOOO ~O': 07 0 ~ 7 ~ b 511. Check No: Check Oat..: Check Total: DISCOUNT TAKEN 0.00 0.00 0000044380 01/12/2001 $6,875.00 AMOUNT PAID 6,250.00 625.00 64.-1/610 0000044380 Check No VondorNo: 0000013727 $6 , 875 .00 Voictallllr 60 days GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR January 16, 2001 Honorable Bob Young, Mayor Augusta - Richmond Goun ty 530 Greene Steeet Augusta, Georgia 30911 Dear Mayor Young: Enclosed is a check in the amount of $6,875 representing the final payment under the following Local Assistance Grants: Grant No. 01-C-L-321 Grant No. 01-C-L-423 $6,250 $ 625 If you have any questions, please call Amy Hill at (404) 679-3154. Sincerely, c;k~~ Corr~~is;:;i0Iler JH/j a Enclosure eQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South. N.E. · Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us An Equal Opporrunity Employer @ Recycled Paper GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 RECIPIENT: AUGUSTA-RICHMOND COUNTY LANDSCAPE LA GRANT AGREEMENT NUMBER: C-L-321 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 comer of the grant agreement. The certification statement bdow 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 Hill at (404) 679-3154. Authorized S. ature TIlls 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 funds 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. CERTIFICATION: ~ Name and Title Bob Young, Mayor Date \ 2( 'l-JIl 0 12/20/2000 15:00 7068211672 TREES AND LANDSCAPE PAGE 01 DerekVanovet, AS5ii;tari~ Director 1559 Eugl~s Way.,"::! ' AU\lnst"~ Georgia 30904';~i; .... . " ~.~.~ '(706) 821-J670 FAX:(706) 821-J67i::i . . AUGUsTA. TREES & LANDSCA.PE DEP ART~Nt . Barryl. Smith, Dirccror . :~~~ r. . ,::. .:.. ..;':.:' . . . ' .~/;~. i.:,<<:~T(j~l..enaJ. Bonner Clerk ofComrtUssion . f';;'r.::: .:) ::':. ;;','1ikin: Barry Sm.ifu . . , ~~::i. <~': ,;/~::; Georgia Department of Community,Affairs Local Assistance Grant , ; !,;':1 .::. ::' '.1'!': . ' " . I . ,. . . . ;.';;;'.,' '.:.>: !.)$ire? December 20,2000 ~k.:;:.::.;,-:':,: /;: 'j}J',':!; . . . . :~-;r!: "t.:.;'::~i~J~Bs.e find attached a. purchase order ($18,900.00) for work thathas been completed : :~~..f'<:.', ';":~!ilizing the first portio'n ofthe $25,000.00 awarded to the City of Augusta for'beautification 'f.t.:X<.;:,+:.':ir%provements. With thi~: corresp'bndence, request is m.ade to proceed with the'remainin~ ~~~~::.'f. :::';<,~~tOO.OO:ofth'e loc(:il assistance grant.'Please inform me:as to.the procedure to securejthe ~ili:"i)rainingfundS. , 1:..... . .'. .. ~~~~i:'~: '. .:.~.::.: ':~': ~ ;:'; . ~ .".....' . 11Ii\i;i~;. .. ., ~~l.:!; .~...;,~. . ~~]:rr::~:, . ~~/~~ "~ : > : ';:. ,,~..: ' . ..' . . ...' , . '. :. . ~'}! .'i' I;~'~~. .~. ;~ '.. ^. '.;.' ii}.,;. .:~ ....: ; ~<":.::-" ';~if. . -.' "'~\":l!l~ . .:.,,~~~,:'( ;'i'I,.:'tt PURCHASE ORDER .'lO. .',> iI~g P319IJO . :~:{. . ':,j'i! REQUISITlON/CUO I:. NO, . 'J~~+~ R3 3259 . .lP'" . .'~ ~' . ... fl=:). ~ , - . .. ... =- 12/26/2666 15:66 PAGE 62 7668211672 TREES AND LANDSCAPE ," ~t. . ..:' '. AUGUSTA-RICHMOND COUNTY, GEORGIA ftd~ s'e ORDER ROOM 605, PURCHASING DEPARTMENT ' :t);'~ . .: CITY-COUNCIL MUNICIPAL BUIL.DING (11) :;<.: ' . . AUGU$TA~ GEORGIA 30911-3999 Page 1 of 1 \".:. .' ~iD/i2/00 PURCHASING 7~;..;.. ':. ",:' . . 'bRi~'.'. . VENDOR PHONE # ., . '12417' ~;~:. ..... .....: r!c '. :.' B~G:~OG STtlMP /;< TREE i;ij:.:' ;. ':4041BORNING TREE i..1..NE ",., . .. ~>.' AUGUSTA, GA 30906 ;-~.': ~~\::: . ~.~:..":' .; ATTN: BID NUMBER: 00-117 CONTRACTII: 08526 BUYER: MARY ~r:r:o;' .' .' 'src.::~S4APB DEPT &is;9 ). 'E1\.GLES . WAY itGul;'iA; '. dA 30904 ~":~; ~f:.>.' ''- E11W- TO: AUGUSTA.RICHMOND COUNTY, GEORGIA' ROOM 105, ACCOUNTING DEPARTMENT CITY-COUNCIL MUNICIPAL BUILDING (11) AUGUSTA, GEORGIA 30911-3999 ALL INVOICES AND cORRESpoNOENce MUST BE SENT To ABOve ADORESS REGARDLESS OF SHIPPING OESTINATICN. '~;~\UII'I"1f:t.;. T~ UNIT; - DESCRIPTION UNIT PRICE ~'4'" , fg;Q1. . ~., . ;;>":1,' . ~,<. ~. ~~. '. ~':~:. if.. ~,(~ :, ~: ~I"~. ~-I.' " .~:~ ..:' ~:~.::: ~r... . ., ~K';: 'JIt-..;, ~.;..: !fU' ..... ~i{: ;-::.' ~~;" " ,',;,'; ;-'., ~~~- BID ITEM # 00-117 TREE REMOVAL FOR TREES AND LANDSCAPE DEPT APPROVED BY COMMISSION 10-3-00 ITEM 11 18,900 00 ...., 1 TOT 101-06-2411(52-39119 ~ . . ~~iTioN,~'- R~'D CAREFULLY ;j)ft.'purd1aMr., 601f'Ot.b'y :(l;tlu., !rOJTl 015)"""'" 'Ji F.:':lerilt. SIJtlt. :lna rllYnicio.sJ .1!\Ill1f:..>>:oogt tl'll.l ')lfh;( :U... ~~~i~Fh19' en:at?tt 'gr'fpn;d~l)Y 'Aln.1or. :~y"..tr'I~'......1t b. m:&d'Q 01'\ Co.t1'\QIClTV ~Ioman~~ C1nly. l"I'lltVll ~h"l"'o'fi~ fO'~:J.,3tCQ ~~U.VIi';V. nCKi.T'A.\\J;! ACCOMPANY COOO~ ~g.b-;ld( f)rtlWix. 1.-.;. .~u t'~lt( If \)"'IIIJClot -j~';aR 'rr\;i]l;~ Ij,"'rane!l O~rNet11 9 A.M ~no oa ?~.1 ~~:eC:O'J; (~~I.~ ~ilh.~t:l:l.~!J"nl, arM1e;9" (0 ln~"c:l on~ fe-I"'" .JI V.,,(llJl', ~~p~eo!' d.,/IfO.I1;to Or "olIn C''J,"cll1l"~ ....111 Oil' ~~C~CJllon,;. ~~ 6't&Ve;y If ~ecenllr''j. ~r~' ~et 3P D.: ~~lh"g 10 '"",,~{1. ~r~ . NET TOTAL............. APPROVE:J FeR :SSUC: 4Af~~ PURCHASING ACENT SICNATURj;' REQUIS 1TI0NER a~.: , la,soa.o'l' ~\~, 1" , ....,~;t. ';'::(~;: - !'~/' , It~ "erc" :~;~~~ .~~~JI '. f~"'" t{~ '~?B~' ~ ... . t:;, '~I~I :'':;'ii' . . ;:l.~J. . 'ti~~-\ .~ J" , . l~,),; " '" 1:. ;~~1. !'jr , /f~'i", .' ..' . ~i'~ ,.-f, . ~~:.~ '~I:~L : '. ,~. "". . '~;I* " ':p~'~ ...~ '; ~1~~ '::';:'If1J. .'. .11~~~ ., "-:"~ " ;';>.'1;; ,':!:;<"ll "::':'(~~ . ',. ;1~)>>lf f' ,..,. . "":'i:4~:' . (5frI' .' t"~ ,:, ...,':~i" la, :00. ~?:j~~~ '. !;:}).~~ ~i)~~ .:'::{~~1 ~-..a"'*l' . .....~ . 'd}:~'it 12/20/2000 15:00 . 7068211672 TREES AND LANDSCAPE PAGE 03 ~~" . ~"';.: ~'~i)~~~U S i-4 ~"'" ..:. ~(:-:. ; .:<>" :, -~ i;E;,:.~~,::...~ <r,J.\:"" .,.. ..: .1736 ~;(:;.:: ::<Ce0RG\~ ~::?'):::'::,.:""..:.":" . I:,{:<. '~..' ~f~"'! . ~;~;~. ~'. .... ." ;~~~:' ; ~,...., .' ii'( ~,.,.. , '. ~l:/~ r. ;.' '::: : ~_v.. I' . fJii ',"oa", Octob" 12,2000 ~Yf.)"'" .. [l;f,: '.." .. " .. ~r\:. .',. : .- ~;~. ;'.: ..:,." !, Brian Ligon, ofBig Dog Stump a.d Tred<eUlOval "'''P' the T," Romo,,' oontt'C!. bid i"m # ~ii'; ... .' , 00: 117, " ,,,,tod by Aus"'''' Riclunond County Trm and Lm<h"pe Dep""""nL ! ensure all wo,k well be i!.'.t:. ." done in a timely""?,,," whb prop" "bori,ultural p",tic", and to follow all guid,lin" of the bid Ill;.. , cO'''''1. A' ,"tod m th, oonm" the e..lractor and ,qu,pm"ll ,ball comply W<l" nil o""panon,1 Safety ~~)>:';: : :::'Health Act standards applicable to the work performed. ~:~;.,"i. ~ii,:.,~ ~... ,. . ~.. ;..;::...... . ~? '.i . . . . '.. ~';!: . . ~J;~t ji ~..:.; ~"'. -.'.' ~;i......... ~r'" ." 'ifJ.,:.,". ;. x::~.~.: :.: i . ~~::'. ;' '.,; ~... . , . . ~<:::''; ". . I~( ~>i. ~~). AUGUSTA TREItS & [ANDSCAPE--oKPAl{nVll~:"'1 B;my \. Smith, Director Derek V;u10vc:r, Assistan.t Director (706) 821-\670 Brian Ligon Big Dog Stump and Tree ~emoval -') ~: J,' ..9~ --. a ;; . ", GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 12,2000 ct-MOqrvT iJ~fJtJsl TEtJ /;r70&r~ 76-r~Mr: Honorable Bob Young, Mayor AugustaJRichmond County 530 Greene Street Augusta, Georgiaa 30911 Dear Mayor Young: I am pleased to advise you that $25,000 in Local Assistance Grant funds has been included in the Fiscal Year 2001 State Budget. A brief description of the purpose for the grant is included on the enclosed application form. To begin the paperwork necessary to receive this grant, please complete in detail the attached application form and return it to my office. Once we have received and approved the application, we will forward a contract to you. We are delighted to assist you with your community development activities. If you have questions, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Thank you. ... SinC~relY, I! . L1t'~ ~"-- ~m Higdon Commissioner JH:bsa Enclosure eQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E.. Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us @ Recycled Paper J n '::,"u,1 nnnnrr"nit"" r;,Hn/fl\lpr Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 July 18, 2000 Nfr. Barry Smith, Director Augusta-Richmond County Trees and Landscape Department 1559 Eagles Way Augusta, Georgia 30901 Dear Barry: Enclosed is an application form from the Georgia Department of Community Affairs regarding the Local Assistance Grant from Fiscal Year 2001 State Budget, which was awarded to your agency through the efforts of our local Legislative Delegation. Please complete the highlighted areas on the form and return promptly to my attention. Should you have any questions or need any additional information, please feel free to call. Very truly yours, ~i)I~fU/ Lena J. Bonner, Clerk of Commission Enclosures: GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMlm5SlONER Roy E. Barnes GOVERNOR August 24, 2000 RECE\VEO Honorable Bob Y oung- Mayor of Augusta/Richmond County 503 Greene Street Augusta, Georgia 30911 ~\ \(1 2 8 '2000 Mayor'S Otllce Ricnmond County Augusta- Dear Mayor Young: The attached contract when executed commits state funds In the amount of $25,000 to Augusta/Richmond County. 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 the 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 you and the General Assembly in the administration of this grant. If you have any questions, please feel free to call me or either Amy Hill at 404.679.3154 or Bobby Stevens at 404.679.4943. , Sinc<erelYI~ (- : C\,~~ ~'- (J Higdon Commissioner HI! c m Enclosure cc: Richmond County Legislative Delegation eQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us All Equal Opportunity Employer @ Recycled Paper Grant No. 01-C-L-321 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 17th day of August 2000. 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 authorized by the provisions of O.C.G.A. 950-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend funds for the purposes set forth herein; NOW, THEREFORE, in consideration of the mutual covenants and warranties contained herein and other good and valuable consideration. the receipt and sufficiency of which is hereby . acknowledged. the parties agree and covenant as follows: . 1. Scope of Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts. an amount not to exceed $25.000 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 the Recipient in accordance with the following payment schedule: $18,750 Within ten days of the Department's receipt of the executed Agreement. $6.250 Upon receipt by the Department of WIitten certification of project completion in accordance with this Agreement. $25.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. Grant No. Ol-C-L-321 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. mles or regulations. including but not limited to, O.C.G.A. 845-10-20 through 845-10-28 and O.C.G.A. 836-67A(l) through 836-67A(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 LeI!a1lv Bindinl! 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 Auditing. 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 fmdings 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!encv or Partnership. Nothing herein nor any actions of the parties hereto or their agents or employees shall create any agency relationship. partnership or joint venture. between the Department and the Recipient. The Department is not an agent or representative of the Recipient and the Recipient is not an agent or representative of the Department. The Recipient shall be solely responsible for performing any and all obligations under this Agreement. 10. Termination. The Department may terminate this Agreement. with or without cause. upon five business days WIitten notice to the Recipient.. If at the time of termination, any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. 11. Satisfaction. In the event the Department determines. in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (iii) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal. state or local law. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. Grant No. Ol-C-L-321 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. 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 A,!!reement. This Agreement constitutes the entire agreement among and between the parties. There are no representations. oral or otherwise. other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in WIiting. (Executions on following page] Grant No. Ol-C-L-321 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date fIrst WIitten above. FOR THE RECIPIENT FOR THE DEPARfMENT OF COMMUNIlY AFFAIRS By: By: Attachments: Exhibit A. ~Scope of Services" Grant No. 01-C-L-321 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County for landscaping and flowers for Augusta/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 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. GEORGIA DEPARTMENT OF COlVIMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR September 20, 2000 Honorable Bob Young Mayor of AugustalRichmond County 530 Greene Street Augusta, Georgia 30911 I Dear Mayor Young: Enclosed is a check in the amount of $130,500.00 representing the fIrst payment under the following Local Assistance Grants: # 01-C-L-318 $7,500 - To contract for services with the Augusta-Richmond Opportunities Center, Inc. # 01-C-L-319 $18,750 - To promote collection and management efforts of the AugustaJRichmond County Museum. #Ol-C-L-320 $15,000 - To contract for services with Good Hope Social Services summer school program in Augusta-Richmond County. #Ol-C-L-321 $18,750 - For landscaping and flowers for AugustalRichmond County. #Ol-C-L~322 $3,750 - To contract for services with Belle Terrace Community Center for summer programs in AugustaJRichmond County. #Ol-C-L-323 $33,750 - Improvements to a recreation facility and adjacent facilities in AugustaJRichmond County. #01-C-L-324 $33,000 - To contract for services with Southeastern Firefighters Bum Foundation in Richmond County. Also enclosed are copies of the executed contracts for your files and Local Assistance Grant Request for Final Payment Form. This form must be completed and returned once you have completed your project and expended the full amount of the grant funds. Upon receipt of this form we will issue the final payment. Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director. Department of Audits and Accounts at (404) 651-5115. eQUAL HOUSING ~ OPPORTUNITY L:.J (j0 Executive Park South, N.E. . Atlanta, Georgia 30329-2231. (404) (j79-4940 www.dca.statc.ga.us An Equal Oppommiry Employer @ Recvcled Paper AUGUSTA TREES & LANDSCAPE DEPARTMENT Bany L Smith, Director 1559 Eagles Way Augusta, Georgia 30904 (706) 82]-1670 FAX (706) 821-1672 Derek Vanover, Assistant Director To: Lena J. Bonner Clerk of Commission From: Barry Smith ~ Re: Georgia Department of Community Affairs Local Assistance Grant Date: December 20, 2000 Please find attached a purchase order ($18,900.00) for work that has been completed utilizing the first portion of the $25,000.00 awarded to the City of Augusta for beautification improvements. With this correspondence, request is made to proceed with the remaining $6,100.00 of the local assistance grant. Please inform me as to the procedure to secure the remaining funds. - AUGUSTA-RICHMOND COUNTY, GEORGIA PUI~C SE ORDeR' ROOM 605, PURCHASING DEPARTMENT ~ CITY-COUNCll MUNICIPAL BUilDING (11) AUGUSTA. GEORGIA 30911-3999 Page 1 of 1 PURCHASE ORDER NO. P31900 DATE 10/12/00 DEPARTMENT 62411 PURCHASING REQUISITION/QUOTE NO. R33259 VENDOR # 12417 VENDOR PHONE # VENDOR BIG DOG STUMP & TREE 4041 BURNING TREE LANE AUGUSTA, GA 30906 ATTN: BID NUMBER: 00 -117 CONTRACT#: 08526 BUYER: MARY SHIP TO: TREES & LANDSCAPE DEPT 1559 EAGLES WAY AUGUSTA, GA 30904 BILL TO: AUGUSTA-RICHMOND COUNTY, GEORGIA ROOM 105, ACCOUNTING DEPARTMENT CITY-COUNCIL MUNICIPAL BUILDING (11) AUGUSTA, GEORGIA 30911-3999 ALL INVOICES AND CORRESPONDENCE MUST BE SENT TO ABOVE ADDRESS REGARDLESS OF SHIPPING DESTINATION. ITEM NUMBER QUAN11TY 11III DESCRIPT10N UNIT PRICE AMOUNT 0001 1 TOT BID ITEM # 00-117 TREE REMOVAL FOR TREES AND LANDSCAPE DEPT APPROVED BY COMMISSION 10-3-00 ITEM 11 18,900 00 18,900.0 101-06-2411/52-39119 CONDITIONS. READ CAREFUllY 1. The purchaser 15 exemct by5lalue:rom payment of Federal. State. and rJ\uniooal sales. eXCise and ether laxes 2_ Shipping charges prepaId by vendor. 3. Payment '.0.111 be made on complete g'lipments only, unless otherNise recuested. J. DELIVERY TICKET MUST ACCOMPANY GOOD5. 5 No bad< orders. l.'IIe 'Nill reorder If 3VCillacle. 5 Please make <jell'...erie'S between 9 AM. and 4 Pill 7 Ail ~oo.js recet',ed .with subsequent pn'-1lege [0 In'!.Oed and return at Vendor's expense if defec:rve or not in compliance WIth our specfiC;;JlIons. 3. Indoor delivery If nece,sary fL P~yment Net 30 04' according to contrad. NET TOTAL........... 18,900.0 APPROVED F'JRSSUE' 4..Af~ REQUISITIONER PURCHASING AGeNT SIGNATURe .:. AUGUSTA TREES & LANDSCAPE DEPARTlVIENT Derek Vanover, Assistant Director 1559 Eagles Way Augusta, Georgia 30904 (706) 821-1670 FAX (706) S21-1672 Barry J. Smith, Director Date: October 12, 2000 I, Brian Ligon, of Big Dog Stump and Tree Removal accept the Tree Removal contract, bid item # 00-117, as stated by Augusta Richmond County Trees and Landscape Department. I ensure all work will be done in a timely manner with proper arboricultural practices, and to follow all guidelines of the bid contract. As stated in the contract the contractor and equipment shall comply with all occupational Safety Health Act standards applicable to the work performed. Brian Ligon Big Dog Stump and Tree lemoval -- ~' " ) ..r-:'" \,J Y --" ~' y " I ' I ,. , 1) f-C; ~-/ 3)~ 8)0 ...--=-- ..,. '" 10. Application for Local Assistance Grant Locl Assistance Grams are made pursuane to O.c.G.A. ~50-8-8(a) which provides in pertinene pare: "The department shaD make grants to eligible recipients o.r qualified local governments. which grants are specified by amount, recipient, and purpose in an appropriation to the department" 1. Recipiene identified by me General Assembly in Appropriaeions Ace: Augusta/Richmond County 2. Amoune appropriaeed by Genecal Assembly: $lO,OOO 3. Purpose Qf the Local Assistance Grant as specified by the General Assembly in the Appropriations Ace: Contract for services with the Augusta/Richmond Opportunities Center, Inc. 4. Information Required by me Deparrment of Community Affairs for Award: a. Please provide a deta.i1ed description of the project, location. type of work co be initiaeed, and for what purposes the funds awarded through this grant would be used. Attach additional pages if necessary. SeE ATT AlJ-\jv'\~f'fT A_ b. Please provide a budget for the proposed project. listing all revenues and expenditures. Project Revenues Project Expenditures Local Assistance Gram IO,()t't3 . I CJ / () rO(j, Local Govt. Ocher Total lOt OOtJ . II) (JOO I c. Provide expected project start up and project completion dates: - - --- B~lIl1ill' D~ CDmpktiDn DiIU 5. Contact Information: Please provide the following contact information for the gram. Name: Deborah Wilcox Address: 1201 Laney-Walker Blvd Ciry: AUKUsta Tdephone: 706-7240446 Facsimile: 706-724-717'1 Name: Dr. LeJeune Hickson Address: 1201 Laney-Walker Blvd Ciry: Augusta Tdephone: 706-724-0446 Facsimile: 706-774 717" State: GA E-mail: State: GA E-mail: Zip: 10901 Zip: 30901 , ' . . f ! .' 6. Certification I, the undersigned authorized represencarive of the local government described in chis application, certifY chat co the best of my knowledge. the information in chis application is crue and correct and the Local Assistance Grant subject to chis application will be used for the purposes outlined above. I further certify the local go~rnmenc described in chis application has all requisite power and authority to c:xpend funds for the purposes set forth herein. Willie Mays, TTT N~ (pleas~ priTlt) Mayor Pro Tem Title 8 7 00 Dau For additional information or assistance, please contact Amy Hill at (404) 679-3154 or Bobby Stevens ae (404) 679-4943. Gc:orgia Depa.n:ment of Community Affairs 60 Executive Park South, NE Atlanta, GA 30329-2231 www.dCl.State.ga.us 6/00 AUGU1STA-RtICHMOND COUNTY COMMISSION 042382 DESCRIPT ON ',. .P.o, NUMBER. INVOICE NUMBER .INVOICE:xMOUNT NET.:AMOUNT pRANT 01CL318 2,500.00 0.00 2,500.00 CHeCK NUMBeR CHeCK DATe TOTAL INVOices DISC TOTAL CHeCK TOTAL 042382 11/22/00 2,500.00 0.00 2,500.00 - ',Pf>:.Y : :ro.tt:ie::,. l:rORoat : j. OFc"c:... ;c/ ,Fi,( . . ~ ":~ ;' ~ , , I ~~\. /:f ;::r-:;"':"':.T:~ ,~ :, .........,. ~Z~ ~: bJ.. J-. II' 0 L" 2 ]8 211' I: 0 b . . 0 . ] 7 5 I: b 8 ] 0 . L" 8 ] g L" III Office of The Clerk of Commission Lena J. Bonner, CMC Oerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: November 17, 2000 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed is a check in the amount of $2,500 from the above referenced agency representing fmal payment for the following grant recipient: ORGANIZATION Augusta Opportunities GRANT NUMBER 01-C-L-318 Thank you for your continued assistance. Enclosure: Check it ... ;. . ~- <._':'~;:' . :'.::.": .: . . :f;~;~~~iRi:~'~~~-~~\:~':~;.~~;:f'::.~;~~,~)'~~-~~~~::;~~~~~.~ .,);:~ ;~f~~~~:;;;';:;;';':~-:=f,'=r..~:~~.?:~-..~~ ~~~~~*:~:.:<-:~~~~~::-~~t:~:f':~f::.~~~!~:t v.:~'~:~f:~~:.:~'~';:~~~~ ~~-' . .'. . ::;>:~~~;:-~"~';-~::'?-'''''''::'''':.:~-'''~:~~-:?; ~>-:..:.r~:.:- . Page 001 OF 001 VendotNo; 0000013727 V~rNam~ AUGUSTA-RICHMOND COUNTY INVOICE NUMBER 01-C-l-318 INVOICE DATE 11/08/2000 STATE OF GEORGIA DEPARTMENT OF CONMU~ITY AFFAIRS ATLANTA, BA BANK 1'100-1000 Cheek No: Check Oat", Check Total: 0000042874 11/09/2000 $2,500.00 j . f f f I 000017977 GROSS AMOUNT 2,500.00 DISCOUNT TAKEN AMOUNT PAID 0.00 2,500.00 '. I I I . ~........... "'..~-...~- -_.",- --'''..........- ~.~ -_.. - ,-- --. '.. -.' ~~., '-.;; . ~: (~,,' . :~., r'~ 7-F ~~;:).li'~:.'6;;;:;S j';:;;O\1S' ~;~~b>)...?~;"'R"~t.W~>i-;?,;=": r:"~"7>lJ"/i:0f;~~(i"~r1:it."f~0;~'-:':'7' ;,- . ~ ~::; i~:' .'< ' . " - .1.Cl.: 'i .<c. '''''.", ;r t~ ; \.... '~"- 'l'-'I'~"""" \,:Icu ~ '~'lnJ\::'.t"c' ';;.. ,,' . )S -.;. ,r .s 1,0,.."""" ,'6....'11/81'1 ,_ ., '-,' . ~.. . " I..:, ", :.",.'.j)EPARTMENrOfiCOMMU!olrJ.~4FFA.I@.S ,.:L ..:. <'., .\';. t\L.., :'..: f ". .. , ". ,11::' ".'; '''/ t ('>!%@ Ill. !"'1'i~r.fI!J~~~!r':;fv't"i"..q>~<v'1' Wf<;E Br;;~ .l'i qr ,~'li . c'" ;. . ' ,'. 1'0:) ,"3',;<,,;{. 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"'V..I.;' 17@'Q.717.."'.'fc,.-fII"<<}\..$250000,,1 C ~Yl:lcactly'!WO :~OU~~Na'FIVE HU~R~::~~~N.It~~'~~~'~~1.~~~,.._..!~~~::~J::;,:.c~,,~'~" ." ~] ~ I r ,. '. "" (>.' ) po,. r. t'l r rr:, ,.);., - '''f) '0. ,., .'1''0.~~ 'l'bcC G e'G'u '0 (} I'''' ..g, '[.r. fl= 1 c; ~ oc: )~7I' ~'T F'11. ," 'c ".; ..,.'. '. .l...~.. . "'. '''. '" '.1;' c \,' .~.'.'':..~:,!~..'>.'.},,'~\~:J'..l:':. ,'4, ~ J'," .,'.;';'..~~dl1?l' . ,..''i'-"> ~ oki.eciila~'" L ''; ');c '. tf .'). :,' , ~ I ,1. -:' ..:' ~ (i,".:,'():p,~ : ';' ~':;. t'~ i . \.~ i::'tU) .~;. \" t lF7:z.r~ C~~jj: 'M:~,QJ'~~G!;,>,~ ~'r:, 1:'1;; Q !~. - ~l'5:- ,; .f, . r .~ ;;.1-,= LjJ' (r""lZ- -~J~i ~ '-, I\'i j-)'l' ,)!.,;,; "'1' _ I ',C; ,; ~1I-(.,f/'G(\5fS@@6r~s,r:,r..C'f.Fl..,~ lIACHOVIA,BANK '-;.- , '-'- ~:" \ \ .",. " 'J' ''"'' ~'" ; ";: L "".\ ~ \' . C, , , -,; ... ' /,-,~:'~.'i~':;' ~ Li.'. ::;' L~". . ~_, .j";\.Z; i',", O' "~22;.;r;t!i :'.~ j[ 1':Ii:J!;L:i;:~ I:' II /: 11.00000.... 287 ....11. 1:0 f:. 1.0000 1.01: 07 01. ? ....f:. 511. .. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMl\flSSIONER Roy E. Barnes GOVERNOR November 13, 2000 Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is the final payment in the amount of $2,500 under Local Assistance Grant #01-C-L-318 to the City of Augusta/Richmond County. If you have any questions, please call Amy Hill at (404) 679-3154. SinC~reIY~ CZtgdon Commissioner JHJcm Enclosure eQUAL HOUSll'IG ~ OPPORTUNITY ~ 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper \ . ATTACHMENT A The nature of our program is to mobilize the resources of the community in a partnership program to identify 'at-risk' students; provide them assistance with counseling that will reduce the educational drop out rate; and enable them to complete their education and generate scholarship assistance. We provide services to students for our sumnier program. . O~ program also includes a parental VIP pro~ so the parents can be involved with changes and upcoming events going on in the school system. Project Success of Augusta is located at 1201 Laney Walker Blvd., Augusta, Georgia, 30901. The purpose of the Local Assistance Grant will be spent to provide services for eighty plus students in the summer mornings and the evening Fall programs. The grant will also pay for salaries and any supplies needed. AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JA1\1ES B. WALL CITY ATTORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fa.x No. (706) 722-5984 E-Mail: Jwal1@co.richmond.ga.us LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAi\1 ANDY CHEEK RICHARD L. COLCLOUGH WILLIAM B. KUHLKE. JR. STEPHEN E. SHEPARD MARION WILLIAMS WM. "WlLLIE" H. MAYS. ill Mayor Pro Tern CHARLES R. OLIVER, P E, CPA Administrator MEMORANDUM To: Augusta-Richmond Opportunities Center, Inc. From: James B. Wall Date: July 28, 2000 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private org?nization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the fonn of a contract for services. Tn 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. 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 inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, r have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. I have attached two copies of the contract, sll1ce we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. Office of the Mayor Bob Young, Mayor Room 806, Municipal Building 530 Greene Street, Augusta, GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us November 2, 2000 Honorable Jim Higdon, Commissioner Georgia Department of Community Affairs. 60 Executive Park South, NE Atlanta, Georgia 30329-2231 Dear Commissioner Higdon: Enclosed is the following Local Assistance Grant Request for Final Payment form for the following organization: ORGANIZATION Augusta/Richmond Opportunities GRANT NUMBER C-L-318 Thank you for your continued assistance in the administration of Augusta's grant awards. Enclosure: r: GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E.. Atlanta, Georgia 30329-2231 RECIPIENT: 'AUGUSTA/RICBHOND OPPORTUNITIES LA GRANT AGREEMENT NUMBER: C-L-318 LOCAL ASSISTANCE GRANT REQUEST FORFtNALPAYMENT 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 uppedeft-hand com~r of the grant agreement. The certification statement bdow 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) ~79-4943 or Amy Hill at (404) 679-3154. Authorized S. 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 funds 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. CERTIFICATION: Name and Title Bob Young, Mayor Augusta-Richmond Opportunities Center, Inc. PROJECT SUCCESS OF AUGUSTA 1201 Laney Walker Boulevard Augusta, GA 30901 . Unit:ed Way .' .... C 5 R":' Office (706) 72~6 Fax # (706) 724-7175 October 25,2000 Ms. Lena Bonner Clerk of Commission 530 Greene Street Augusta, Georgia 30911 Dear Ms. Bonner: Many thanks for the check from the state. We have completed most of the work and would like to apply for the remaining $2500.00 for Project Success of Augusta. Thanks for your cooperation. ~A./J1?~ Lunette M. Brigham ~) Supervisor ATTACHMENT A The nature of our program is to mobilize the resources of the community in a partnership program to identify 'at-risk' students; provide them assistance with counseling that will reduce the educational drop out rate; and enable them to complete their education and generate scholarship assistance. We provide services to students for our summer program. Our program also includes a parental VlP program, so the parents can be involved with changes and upcoming events going on in the school system. Project Success of Augusta is located at 1201 Laney Walker Blvd., Augusta, Georgia, 30901. The purpose of the Local Assistance Grant will be spent to provide services for eighty plus students in the summer mornings and the evening Fall programs. The grant will also pay for salaries and any supplies needed. AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY ATTORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: Jwall@co.richmond.ga.us LEE BEARD ULl\fER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM ANDY CHEEK RICHARD L. COLCLOUGH WILLIAM B. KUHLKE, JR. STEPHEN E. SHEPARD MARION WILLIAMS CHARLES R. OLIVER, P E, CPA Admlnlstrator WM. "WJLLIE" H. MAYS, III Mayor Pro Tern MEMORANDUM To: Augusta-Richmond Opportunities Center, Inc. From: James B. Wall Date: July 28, 2000 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August l7, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private orgl".nization. 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. Please review the scope of services to insure it accurately states the purpose for whichthe 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 inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, 1 have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. I have attached two copies of the contract, s1l1ce we must provide one copy to DCA. The rema.~ning 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. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR August 24, 2000 RECEIVED Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 3091l AlIG 2 8 2000 Dear Mayor Young: Mayor's Office Augusta-Richmond County The attached contract when executed commits state funds In the amount of $10,000 to Augusta/Richmond County. 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 the 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 you and the General Assembly in the administration of this grant. If you have any questions, please feel free to call me or either Amy Hill at 404.679.3154 or Bobby Stevens at 404.679.4943. Sincerel~;. \. . n (~~~ -- ~J~d~n ~ommissioner JH/cm Enclosure cc: Richmond County Legislative Delegation eQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679.4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper AUCSUST~-RICHMOND COUNTY COMMISSION 038825 DESCRIPTION.. -:- ~. P.O. NUMB~R ulNVOICE Nt) ED IN OUNF .'. . . NET Il.MnUNT' GRANT 01CL318 7,500.00 0.00 7,500.00 - - CHECK NUMBER CHeCK DATe TOTAL INVOices DISC TOTAL CHeCK TOTAL 038825 09/29/00 7,500.00 0.00 7,500.00 O' II , . I' "'1:' 0' t .. I , . " I II' " , . I " I AUGUSTA-RICHMOND COUNTY _. ...., ','_' ~; >c;qMMISSION . "Yf I~OOM-105: ~ctoUNTlNGDEPARTMENT ~.- -.~/ 530:GREENE STREET' ~?;..._~. __jy.~:.._-._r.~-': '_~~~&~~(~~~~~~1, , _ - + ;:"'~.o - "0-"1.'0- 64-137 811 ***$7,.500.00 *** * * * ~'.*,* *,l,*!** '1rc.wc*'if.* **'* *"*** * *'* * * **** * * ** *"!' **..~,** **$.7, 500ANDNOCENTS C=-:=f:' ~~f _-~r~:i"- '~~~ "'- . I)' ,', ,,', .' I VOID AFTER 90 DAYS PAY . TO THE. '. ORDER OF.< T02700 AUGUSTA RICHMOND OPPORTUNITIES . JO~a J81.' W~c;'r;vo . ASSISTANT COMPTROLLER REGIONS BANK OF GEORGIA AUGUSTA, GEORGIA 1110 :) a a 2 5 III I: 0 b .. .. 0 .. :) 7 5 I: b a :) 0 .. .... a :) g .... III GEORGIA DEPARTlVIENT OF COMMUNITY AFFAIRS Jim Higdun COMMISSIONER Roy E. Barnes GOVERNOR September 20, 2000 Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 30911 I Dear Mayor Young: Enclosed is a check in the amount of $130,500.00 representing the fIrst payment under the following Local Assistance Grants: # 0 l-C-L- 318 $7,500 - To contract for services with the Augusta-Richmond Opportunities Center, Inc. # Ol-C-L-319 $18,750 - To promote collection and management efforts of the AugustalRichmond County Museum. #01-C-L-320 $15,000 - To contract for services with Good Hope Social Services summer school program in Augusta-Richmond County. #01-C-L-32l $l8,750 - For landscaping and flowers for Augusta/Richmond County. #01-C-L-322 $3,750 - To contract for services with Belle Terrace Community Center for summer programs in Augusta/Richmond County. #01-C-L-323 $33,750 - Improvements to a recreation facility and adjacent facilities III Augusta/Richmond County. #Ol-C-L-324 $33,000 - To contract for services with Southeastern Firefighters Bum Foundation in Richmond County. Also enclosed are copies of the executed contracts for your files and Local Assistance Grant Request for Final Payment Form. This form must be completed and returned once you have completed your project and expended the full amount of the grant funds. Upon receipt of this form we will issue the final payment. Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reponing requirements, please contact Edward Blaha. Deputy Director, Department of Audits and Accounts at (404) 651-Sl15. eQUAL HOUSING ~ OPPORTUNITY L:.J fiO Executive Park South, N.E. . Atlanta, Georgia 30329-2231 · (404) 679.4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recvc/ed Paper ?' .. STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~day of ~trt~ 2000, 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 OPPORTUNITIES CENTER, 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 programs for the disadvantaged, thereby promoting public health and safety. 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: I 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; o Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; o Codes, including building, housing, plumbing, and electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted 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, 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 ~...~ ~ Organization as to whether it is "organized out of belief in God or other supernatural beings" and Organization hereby certifies to Augusta that it is not so organized and that it is not a religious organization as defined above. 10. Augusta may terminate this Agreement, with or without cause, upon five business days written notice to the Organization. If at the time of termination, any funds under this Agreement have not been disbursed to the Organization, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, Organization agrees that this Agreement shall terminate should it be determined the Grant from the State to Augusta is in violation of any law or be declared invalid for any reason, and Organization shall refund or reimburse to Augusta any monies paid pursuant to this Agreement. IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. AUGUSTA-RICHMOND OPPORTUNITIES CENTER, INC. ORGANIZATI N AUGUSTA, ~r:TTEST. ATTEST: Title: Sworn to and subscribed before me this day of ~OOO. Notary Public My Commission Expires: 5 . Grant No. 01-C-L-318 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 17th day of August 2000, by and between the Department of Community Mfairs 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 authorized by the provisions of O.C.G.A. 850-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend funds for the purposes set forth herein; NOW, THEREFORE. in consideration of the mutual covenants and warranties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree and covenant as follows: 1. Scope of Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts, an amount not to exceed $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. 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 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 the 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 WIitten certification of project completion in accordance with this Agreement. $10,000 Total Disbursement 4. Applicable Dates. The effective date of th.is Agreement is specified on page one. ,. ~ Grant No. 01-C-L-318 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants 'and represents that all of the officials. agents and employees of the Recipient have not violated any applicable federal. state or local conflict of interest laws, ordinances. rules or regulations, including but not limited to, O.C.G.A. 945-10-20 through 945-10-28 and O.C.G.A. 936-67A(l) through 936-67A(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 Bindine: 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. Monitorin~ and Auditin~. 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. fmancial 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 ~encv or Partnership. Nothing herein nor any actions of the parties hereto or their agents or employees shall create any agency relationship. partnership or joint venture. between the Department and the Recipient. The Department is not an agent or representative of the Recipient and the Recipient is not an agent or representative of the Department. The Recipient shall be solely responsible for performing any and all obligations under this Agreement. 10. Termination. The Department may terminate this Agreement. with or without cause. upon five business days WIitten notice to the Recipient. If at the time of termination. any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. 11. Satisfaction. In the event the Department determines. in its sole discretion. that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (il) has failed to complete all or a portion of the actions required under the Agreement; (iii) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal. state or local law. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. ,. . ~ Grant No. Ol-C-L-318 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. 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 As!reement. This Agreement constitutes the entire agreement among and between the parties. There are no representations. oral or otherwise. other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in WIiting. [Executions on following page] .' ..... Grant No. 01-C-L-318 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first WIitten above. By: Attachments: Exhibit A, ~Scope of Services" FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS By: .' . , . \,. ~ Grant No. 01-C-L-318 Page 5 of 5 EXHmIT A The Local Assistance Grant shall be used by Augusta-Richmond County to contract for services with the Augusta/Richmond Opportunities Center, Inc. · If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity. or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity. such as improvement of a facility. Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. · To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. · It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. .;,...~ +. . STATE OF GEORGIA GRANT CERTIFICATION FORM " . , As required by House Bill 1364 of the 1998 Session of the General Assembly, each grant of state funds to a local government from the governor's emergency fund or from a special project appropriation shall be conditioned upon the receipt by the state auditor of a properly completed grant certification form. One Grant Certification Form should be prepared for each grant awarded to the local government. The Grant Certification Form(s) should be submitted to the State Auditor with one c.opv of the annual audit report. Questions concerning the (>reparation and submission of this form should be referred to Local Government Audit Section of the Georgia Department of Audits and Accounts. Instructions for Completion 1. Complete lines A through K on page 2 of this form. Please note that one form should be used for ~ grant from the governor's emergency fund or from a special project appropriation. 2. The appropriate officials should sign and date the section entitled "Certification of Local Government Officials." 3. Attach Independent Accountant's Report. 4. Mail the Grant Certification Form (including Independent Accountant's Report) with one copy of the audited annual financial report to: State of Georgia, Department of Audits and Accounts Local Government Audits Division 254 Washington Street, S.W. Suite 322 Atlanta, Georgia 30334-8400 5. If the local government meets the eligibility criteria for an agreed upon procedures engagement in accordance with the provisions of the Official Code of Georgia Annotated Section 36-81-7, the local government is responsible for ensuring that the procedures performed by the independent certified public accountant are sufficient in scope to enable the CPA to complete the Independent Accountant's Report. These procedures include examination of grant application and award documentation to become familiar with the terms and conditions of the grant; verification of receipt of grant proceeds; and evaluation of the local government's documentation of expenditures. The purpose of these procedures is to comply with the provisions of House Bill 1364 requiring certification that the grant funds were used solely for the express purpose or purposes for which the grant was made. 6.. Whether the local government engages an independent certified public accountant to perform an audit or perform the agreed upon procedures, for purposes of meeting the requirements of House Bill 1364 the independent CPA'should be engaged to examine management's assertion of compliance with the requirement to use grant funds solely for the express purpose or purposes for which the grant was made. The independent CPA should conduct the engagement in accordance with the standards for examination engagements for compliance attestation contained in the Codification of Statements on Standards for Attestation Engagements. 7. This form and the accompanying Independent Accountant's Report is required to be filed with the state auditor in conjunction with the annual audit for each year in which grant funds are expended or remain unexpended by the local government. 8. Questions concerning the provisions of House Bill 1364, the State of Georgia Grant Certification Form, or attestation engagements should be referred to Edward Blaha, Deputy Director, Local Government Audit Section, at the address listed above; telephone (404) 651-5115; fax (404) 651- 5608; or e-mail blahaef@maiI.audits.state.ga.us .' . STATE OF GEORGIA GRANT CERTIFICATION FORM / A Local Government B Information For Year Ended I , C State Awarding Agency . D Grant Identification Number E Grant Title F Grant A ward Date G Grant Amount H Balance - Prior Year (Cash or Accrued or Deferred Revenue) I Grant Receipts or Revenue Recognized J Grant Disbursements or Expenditures K Balance - Current Year (Cash or Accrued or Deferred Revenue) (Line H + Line I - Line 1) Certification of Local Government Officials I have reviewed the information presented above and certify that. it is accurate and correct. I further certify that the proceeds of the grant award identified above were used solely for the express pUrpose or purposes for which the grant was made. I understand that failure to comply with the provisions 'of the law applicable to this grant award shall result in a forfeiture of such grant and the return to the state of any such grant funds received. . Signature of Chief Elected Official Date Signature of Chief Financial Officer Date " . Independent Accountant's ReTJort We have examined management's assertion included in the accompanying State of Georgia Grant Certification Form about [name oj government]'s compliance during the fiscal year ended [date] with the requirement to use grant proceeds solely for the purpose or purposes for which the grant was made for:each of the following grant award(s): [Individually identify each grant award oj governor's emergency Junds and/or special project appropriation.] Management is responSIble for [name oj government]'s compliance with this requirement. Our responsibility is to' express an opinion on management's assertion about the [name oj government]'s compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name oj government]'s compliance with this requirement and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on [name oj government]'s compliance with the specified requirement. In our opinion, management's assertion that [name oj government] complied with the aforementioned requirement for the fiscal year ended [date] is fairly stated, in all material respects.