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Home My WebLink AboutSoutheastern Firefighters Burn Foundation Augusta Richmond GA DOCUMENT NAME: Sou. theC\5t-evn 'F; y-e. ~\ COhtev ~ l3v\x-n FoLL~-\-' Dn DOCUMENT TYPE:C 0 n t- vo..ct5 YEAR: 100CJ BOX NUMBER: C>j FILE NUMBER: I L-l J" 0; NUMBER OF PAGES: 10 -:;- / GEORGIA DEPARTMEN! O~( COMMUNITY AFFAIRS --,---- Jim Higdon COMMISSIONER ~'" ". Roy E. Barnes GOVERNOR -......... '., 'Sel?tember 1, ] 999 .~. ., -', 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 $55,000 for the operation of the Shirley Bladke Burn Retreat at the Southeastern Firefighters Burn Foundation, 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 contacL Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibiL 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 paymenL The Department of Community Affairs is pleased to assist the General Assembly and Augusta- Richmond County in the administration of this granL 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;;;~ . Jim Higdr Commissioner JH/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY ~ JUMl t/ )~ 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 .- .... Application for Local Assistance Grant Local Assiscance Gf.li1CS are made pursuane co O.e.G.A. ~50-8-3(a) which provides in percinenc parc: "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 ideneified by che Ge:1eral Assembly in Appropriacions AC1:: City of Augusta 2. Amoune appropriaced by General Assembly: $55,000 3, Purpose of che Local Assiscance Granc as specified by the General Assembly in the Appropriations Ace: Operation of the "Shirley Bladke Burn Retreat" at the Southeastern Firefighters Burn Foundation in Augusta 4. Informacion Required by the Deparunene of Community Affairs for Award: a. PIc::lSe provide a detailed description of the projecr. 10Cltion, type of work co be initiared, and for what purposes the funds awarded through this grant would be used. Attach additional pages if necessary. OPERATION: .SHIRLEY BADKE BURN RETREAT SOUTHEASTERN FIREFIGHTERS' BURN FOUNDATION 3614-C J. DEWEY GRAY CIRCLE AUGUSTA, GA 30909 Purpose of Funds: Reduce the high incidence of burn and scald injuries in Georgia. Provide in-depth burn prev~niio~ education and insure burn survivors and families receive the best medical care possible. Provide all basic human needs such as: pressure garments, medication, meals. clothing, transportation, counceling b. Ple~P~o,}ilPe<\Q,lijJ~&1fo!J?lpr~~~ p~~B:. listing all rC:'Ienues and expenditures: Project Revenues Project Expenditures Local Assistance Granc $55,000.00 (1998) 25,000.00 Local GoY!. 0 0 Ocher $107,905.00 (1998) $109,000.00 Total $162,905.00 (1998) $134,000.00 c. Provide expecred project srarr up and project completion dates: QL - Q..L- ~ 12- - -.ll.. - ~ 8~!,nning Dau Compkrion Dau '. 5. Comact Informacion: Please provide che following comact informacion for [he gram. Name: ,Tprry M NPWmrln-F.xprutive Director Address: 1614 C J.Dewey Gray Circle Cii:y: . Augusta Scate: Ga. Zip: 30909 Tdephone:706 650 2876 Facsimile:706-855~8625 E-mail: sfbf2876@aol.com . Name: Jeff Badke-President Address: 1614-C ,J. Dewey Gray Circle City: Augusta State: Ga. Zip: 30909 TlIlephone: 706 650 :6 S 7 6 Facsimile: 7,06 - 8 5 5 - 8 6 2 5 E-mail: 6. Certification I. the undersigned authorized represemacive of the local government described in this application, c::rt:iFf that LO the best of knowledge, the informacion in chis application is true and correct and the Local Assistance Grant subject s a pliaci n will e used for e purposes oudined above. I further cerriry- the local government described in ower and authorir'f co expend funds for the purposes set forrh herein. B J... - -d - fl Dau FXE{!p~'tL J,ie'~/( Ti& For addicional informacion or assistance, ple:lSe comacr Amy Thompson at (404) 679-3154 or Bobby Stevens at (404) 679-4943, 5/99 " .: AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY ATTORNEY p, O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: JWall@co.richmond.ga.us ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM RICHARD L. COLCLOUGH FREDDIE L. HANDY WILLIAM B. KUHLKE, JR, WM. "WILLIE" H. MAYS, III J. B. POWELL . . STEPHEN E. SHEPARD LEE BEARD Mayor Pro Tern CHARLES R. OLIVER, P E, CPA Administrator MEMORANDUM To: Southeastern Firefighters Burn Foundation of Augusta From: James B. Wall Date: September 10, 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 requireq to 99nduct "such factual inquires as maybe 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'gra!}tfunds, I have attached two copies oCthe 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 rhe. Further, if you should have any questions concerning either the scope of services or the certification, please call me, ~i~_~~' ~~.:~'.~~;~~~:t"i~TZ/~~~, ~~f~~~f~f::~~1;-h~:::'r:!.:~f~':?:;':(~~::;::i~::g2 ~~~~ -~:;.7~.Jf,'-::'::'~:;~'?-~~~.:~:~::f,~;;-if~~~7T0~::-~v~~5:~':;~~~~;l:;~~S~~i.~J r;tt!f~ .. - '. . ','.~;~':.' ;;;.~~~~~lf~~~~~r~~;~~~~~_~~~~~';!;q:".~:;;}l(,t_,,?;:(.;'~;~':.i~;~'~~t;,~;';~~':~;~~fr'~,~~:~:i~~ti~~tt:. ~w,' '~''''GEORGIA DEPARTMENT OF .T<>.f..'!.~~,,,_,-/,,:<,,,,",~,,,,,".,,,,~,.,,, ;~~~z~~:-<~,3:t~i:;~'~~( :'1~;':';~"-~'.!~~..~;~ :.. .;~~ ~'~~"--'~~~~:'~~~'~t~~i?:~;\1-~~;~j:':~,:C~~:'~1:4:~,~~~'\i...;. . ~. ;.:, ., ").~ :'.:i':;"":A:~".";t~:~i~-f~~~.:;~~, -:~. ,,";. -:~ .'-~':: .:~.~~~.,~~~~ ~... .:~."] ~<, ....-.,,'.... ~G(jMMtJN:J?;f~1i<AFF AIRS~';i;~~~;~.;f~.;,~~,;,:~.;"~<.." y>~~,,'~ ;'~.~~~"'~5~;i;-Ft~';.~~~~~ .;~i~~~~:~~~,,~Jfi;~.;~;'.\', ~;.,';: .",.~;'<.,"~";::..~" ,,:_~2;r:~~~~~:~~:~~:r~~:1't ('~9;_~~~~';l~Y~,"~~;~~~~~~~~;~;.,,~d~:~~~a., 9~orgia: }~O~,~~;;~l <'c~:~~:: ;:c~'li'.~;{~~i~, :4.114i:~~~2~~~ft~;t~~~f~~r~.l{~~;~~~ti1;r~..t~~~~:~)~~i;~~;:~~isrr~'~~:~.f};~~~cit;i~i~~i~~~~}~~~~~)t~~.;i4~~ t.A:;GR;:N~ ":.';"'.:::/~.~~:~r;~'l~,.:~:~;;;:~:~~~:~~~. : AGREEMENT ,,;. ' NUMBER:. .OO-C:':'L"':459: . :. ," _...T :.~". . -.1:,-;', .~~'. . ,. , '.n,'"'" ;?!~~;;f:);~l,~' ; ,i{ij~~~;f..ffi.;~~ ....- ~/~~~;r~20~i~~:iftJ!i'?~5~f~~;k~'~j)<~'i~~~,,,);,~;;:~., ;, ';'!' ". >",., ":'~ ,.: ,- ",. . .~:'::"::' ::~ :.~, ~fr :.:f:\ i "E"€)01tl'G~ASSIST1\NC'E BRANT-.~~h",~~lfP~,>~~"f~ '.-/t~'!~{~i:,f.t~~i:.~j::'~~~=:;,~,,~,,~,.;;;::;\>,:,,>\;<;~:;~::~~~i;...)S!~;~~"::"("~". ;.::~." . ,. - >. . ~'-~': ' r::.~.~;::~. ~~~~~'~~:' ~'.:..~~;:~~~::,t~: .".....,-I..~.~J~~s~.,.l~~~l~~~lN~. ".';\;.;..,f!.PAYM.,,:. ...;;.......~~./;~.... "':4.}!.~..~~-:~.t;r~~~~~~~":;~;;..,.~~...'1~;::~~it~~';l;J,,(t;':;;;(:,;.ot"\'..i.~i'!'rl'~':I;;1.:-;.....~ 'll.~":>.~.,~ .....:..~.:..:.___.:'t '~~-::.i",.:..fl~21...6':;~~.:. . -.~ :_~~:~~\~~:;.\;- ,I i. ~kX~~~tJ~!':~:~~~~t::~:li;.;~;,~~~: _~. '~~~,~~~~~;t~:~~;;:::,~"~~t~..~;~~:;~.;:' f .,;~~~.~~~;..~t~~:~~~:~7~!~:t;~~'&~~~::,;~~-;;~1.~::>~,:. ~~. ~" .' ~ . . "v ;.~ >, ~~~ .\.... GE~RAL.. ,.'::...;. ,.:. ,~~." This: f9rm3s" to:,be "completed'once you 'have fulfilled'. the s'cope.qf ~ ,,;,~ ..."t~,.\._~....-:'t~.~" .,<'>0;1..; .- \ .t'~, ~'~ :...:.~J;~~' ~~:--~:1':l'~?'.1'~~~:.~.:'t~:;}~~t!:~'~:w~t'l'i~"':;,'e;',_;; .?tc~::'r'!J,.I:l:-" .' .'. l' - .~. P,' .' '\-....:...:-',;- :-J...... .. 1-::"J;: ~-f::@-:::,.l,; 'INSTRUCTIO,NS: '~:';:....work'as"bu~~d~~!1l..YoU;: grant agreement..'.Besure. to. mdicate'. th~ . ~~;!,I'-~~~:~rt,~~ !,I"~..~it"'~';~"'(fi':~\;t-:-;.........~_~ ~t.""'~~'''', c., '~.. ~ : ..-" . ,4'..... :"~."~_:- :""..;.. .....~..;......,..:>:. "-,"'~':'bd:U.:r.,.'~,,:,r_~",,,:," rh1f#~f.~~~Yi:~~JE~!l~~\~l~seJ:;ran( 0:49) ~.ec,ipie?-,t"~a11.4:.,~,~~qi ~;~~~~~~ftf\i~~t~~~~~~~~~.~~r:~~:.~~~~~~~~f1! ," ,. :~~!f~;!~~~Ej; <e?:nt'.gree~n::""'i;':Cpr~t'! The .certification' :st~tement below must be signed by the .Chief Elect~d Official or by someone who. is officially authorized to sign.<?!l~ the recipient's behalf. Please return the form to the above listed addr.ess. If you have any questions, please contact Bobby Stevens ~t (404) 679:4943 or Amy Thompson at (404) 679-3154. .. =:- j::~~*}i'.~~..)r ';:.;:. -. '. i~{":~:,"'!~~>~' ";"1::..:';.'. :.f' ~:..~~~~~~--..~,~ '~7'?--;'" ','01 ,,.;\.-. ~:~:r.- .- . CERTIFICATION: This is to request final payment on the Local Assistance Grant of the .' ,~</;.:T;.!;Fi:\ ';:;(?!'r:rJ.':'~:fc:iH~~}"<",':'.~':.;'~;':-,::\:'; ;...aJjove""~eferenced:.grarit.number. . In making this. request;:.Ii}li,e~eby, 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. :i";'i.i,~4PJ;:.\:~~.,{<}! t,. ""~~'''-~~~{,'''<<f''"it..~~ "". .~. '.. . "'-'7' .:,,'~;..' ..~,~-.~J.....~, -,":'"". . -,,; " ',.". Authorized Si ature fit. Bob Young, Mayor Name 'and'Tide . Date '" .' .- , " -; Grant No. OO-C-L-459 'v STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA .DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 27th day of August 1999. by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and the City of Augusta. a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient"), . . WHEREAS. the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS. mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; and WHEREAS. the Department is authorized by the provisions of a.c.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS. the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend funds for the purposes set forth herein; , NOW~ THEREFORE. in consideration of the mutual covenants and warranties contained herein and other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged. the parties agree and covenant as follows: 1. Scope of Protect. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts. an amount not to exceed $55.000 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 a~cordance with the following payment schedule: $41.250 Within ten days of the Department's receipt of the executed Agreement. Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $13.750 $55.000 Total Disbursement. 4. Applicable Dates. The effective date of this Agreement is specified on page one. ,Grant No. 00-C-L-459 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 Qot limited to. O.C.G.A. 1345-10-20 through 1345-10-28 and O.C.G.A. 1336-'67A(l) through 1336-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally. the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Legallv Bindina 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 Meetinas. 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. Th.e 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. OO-C-L-459 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 rriay.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. 'i!-nd 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 Aifreement. 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-459 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date fIrst written above. FOR THE RECIPIENT ~~-- r~ - 00 . Attachments: Exhibit A, "Scope of Services" FOR THE DEPARfMENT OF COMMUNI1Y AFFAIRS By: --z- t. Grant No. OO-C-L-459 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by the City of Augusta for operation of the "Shirley Bladke Burn Retreat" at the Southeastern Firefighters Burn Foundation in Augusta. . 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 RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of ~~ 1999, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "Augusta"); and SOUTHEASTERN FIREFIGHTERS BURN FOUNDATION OF AUGUSTA (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 $55,000.00 (the "Funds"), to be paid to Organization upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the Organization agrees to perform the following services, which Augusta has determined renders a substantial benefit to its citizens, to wit: To provide for the operation of the Shirley Badke Burn Retreat. 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; 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 contr9l 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. 2 ,-'""t 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. "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. By: FOUNDATION OF AUGUSTA AUGUSTA, e~~~ ~AS i~ .S~ ATTEST' ~f;J . tj!a/ GEORGIA Sworn to and subscribed .?~ore'me~th~.s ~D~day of ~:~t~- , 1999. "'~t3;1/U,Aa;~_~)K.~1iIu ~ :; ;-: ~Notary p;ub;Jj;:c.; ~~My .Coinin-iss'ron'.: Expires: ~~~:;;.~-> = .. ~;~~:~~/' ':. <~:J~Y.-coMMISSON EXPIRES JUNE 7, 2003 5 " f'\.. '.,... ~. OFFICE OF THE CLERK OF COMMISSION Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: December 30,1999 SUBJECT: Department of Community Affairs' In,.~1 4~51i51~~~~"" G!"~~~ A1N'~I"~51 Enclosed is a check in the amount of $13,750 from the. Department of Community Affairs. Please issue Augusta-Richmond County check to the following Local Assistance Grant recipient: ORGANIZATION Southeastern Burn Foundation GRANT NUMBER 00-C-L-459 GRANT At"\fOUNT $13,750 This award represents final payment of the total grant award. Please return check to me so that they can be forwarded to the appropriate State Representative for distribution. Should you. have any questions or need any additional information, please feel free to call. Thank you for your continued assistance. Enclosure:. Check 530 Greene Street. Augusta, Georgia 30911 . (706) 821-1820 . Fax (70n) R21-1838 )- \ ""'" . ...:--...;..':.'.:::."...... ~tgI'.~(6~:~~~~I;4;>~i~~~#n~~~:.~~;ci. T,',OF.,'C'O'MMUNH-Y'A"'FA'IRS, . 111000003'" . 3 qll8 1:0 b .0000 .01: 07 0.7 "'b Sill' " -l":'Z-'\'" :.;{~~':"'7~::~":~~::1",~,~::.:.)~--..:::::-." ~~;. -:.' .'~~" "'".4.:.:-';' ,,--_._..,.. ---0.....- ._ .,"';:..._....,.....:..,.~ ':,':'--'",:'.t' i' GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR December 16, 1999 '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 $13,750 under Local Assistance Grant #00-C-L-459 to Augusta-Richmond County. If you have any questions, please call Amy Hill at (404) 679-3154. JHjja.. _ 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 -:/ '" '. .-1 . r~ '" ~. /t)llND~1\O~" November 23, 1999 Lena J. Bonner Clerk of Commission Room 806 Municipal Building 530 Greene Street Augusta, GA 30911 Re: DCA Grant- Operations Badke Bum Retreat request for fmal 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 $13,750. The project is complete and the full amount of the grant funds have been expended. This letter is a certification that we have fulfilled the scope ofthe 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. Enc!. Memorandum dated Oct. 22, 1999 3614-C 1. Dewey Gray Circle * Augusta, Georgia 30909 P.O. Box 211479 * Augusta, GA 30917-1479 * (706) 650-BURN (2876) or (800) 650-BURN * Fax (706) 855-8625 email: sfbf2876@aol.com * Visit Our Web Site: www.theburncenter.org