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Home My WebLink AboutDepartment of Community Affairs (2) Augusta Richmond GA DOCUMENTNA~E: De-vo--r-knen-t D{) CDVY\I"ClU n\ +J A\'\'OL\ V'6 LoLOL-\ ..As~\ S1-CDr\L:e. GtVCLYl-t AWG....-v-d <s . DOCUMENT TYPE: HeVY\or~(\dLLh'\ . YEAR: 1-00 L- BOXNUMBER:.9 FILE NUMBER: \ l-\ 5'6 Dt NUMBER OF PAGES: q-;;:L ~ 0; Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - MuniciparBuilding 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Interim Finance Director FROM: Lena J. Bonner, Clerk of Commission DATE: May 7, 2002 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed are checks from the Georgia Department of Community Affairs in the amount of $16,250 and $31,250, which represents final payment of following grant awards. Please issue . Augusta-Richmond County checks to the following Local Assistance Grant recipients: ORGANIZATIONS GRANT NUMBER GRANT AMOUNT Richmond County Sheriffs 98-C-LB269 $27,500 Department Richmond County . 98--C- LB418 $ 3,750 Marshal's Department Master City Little League. 97-C-L-111 $ 5,000 Richmond County 97-C-L-126 $ 2,500 Boxing Club. Augusta Area Genealogical 97-C-L-LB198 $ 8,750 Thank you for your continued assistance. Enclosures: Cc: Sheriff Ronnie Strength, Richmond County Sheriff's Department Cc: Marshal Steve Smith, Richmond County Marshal's Department May 6, 2002 To: Augusta -Richmond County Legislative Delegation Attention: Ms. Lena Bonner From Masters City Little League Danny Tapley Masters City would like to request the. remainder of the 1997 grant award, in the amount of$5000.00. We appreciate your continued support. Any and all help is greatly appreciated. Should you have any questions, please feel free to call me at 706 790 5454 Thanks Again \)~ 1~ Danny Tapley I)()-C-i'- 537 ?L~ , "" :'i GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER September 23, 1999 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 RECEiVED-~"~\" SEP 2 7 1999 lAUGUSTII-R'CI\MOIID,CO~~~~~~ ' - Dear Mayor Young: The attached contract when executed commits state funds in the amount of $15,000 to construct fields and install additional lighting at Master City Little League. 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 As,sembly 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;~~ Commissioner JH/ja Enclosure cc: Richmond County Legislative Delegation ~ C/t-~{~1 tEl- 60 Executive Ifark South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 EQUAL HOUSING _ OPPORTUNITY - www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper ..:' rJ 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 MEMORANDUM TO: . Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: May 25, 2000 SUBJECT: Department of Community Affairs' LocalAssiistance Grant Awards Enclosed is a check in the amount of $8,000 from the Department of Community Affairs. Please issue Augusta-Richmond County checks to the following Local Assistance Grant Recipients. ORGANIZATION GRANT NUMBER GRANT AMOUNT Arts Factory 00-C-L-480 $1,250 Master City Little League 00-C-L-537 $3,750 Master City Little League 98-C-LB401 $3,000 These awards represent final payment of the total grant award for each recipien,t. Please return all checks to me for distribution. Thank you for your continued assistance. Enclosure: (Check) i ~j INVOICE . NUMBER' 050900125000 050900300000 050900375000 , ,.STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS A TLA'NT A, GA -.,BANK 1100-1900 Check No: Check Date: Check Total: 0000037824 05/10/2000 $8,000.00 Page 001, OF. 001' Vendor No: 0000013727 Vendor Name: AUGUS,T A.-R'ICHMO",D COUNTY GROSS AMOUNT DISCOUNT TAKEN . AMOUNT. PAID 05/09/2000 05/09/2000 . 05/09/2000 000010924 000010931 00001088.7 1,250.00 3,000.00 '3,750.00 0.00 0.00 0.00 1,250.00 3,000.00 3,750.00 . ."),,,~:~~~;;';~'1{ '~..' """"""",i'j;$ "\0000097824 " ,,' "l;:11~~:I~t!t~~~;:€iQ~~;;:31;~\;...,.~ " $8,000.00':,; 11-00000 j 78 2 ~II- 1:0 b .0000 .01: 07 O. 7 ~ b 511- - ., w) ~ II , l i \ IJ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR May 17, 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 $8,000 representing the final payment under the following Local Assistance Grants: Grant No. 00-C-L-480 Grant No. 00-C-L-537 Grant No. 98-C-LB401 /J..t l 1:' $1 250fMbMth!iil,' P ., , '11-" l, 11:. f I' ,i,;'fi"", $3,750 IfJ I tUl/)A/ .;<.&{~ rt';1t,Mi,(.,/ $3,000 If you have any questions, please call Amy Hill at (404) 679-3154. JIDj 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 ,< . I \ " 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 MASTER CITY LITTLE LEAGUE 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 $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 recreational facilities for the youth, which is open to the public's 1 .. participation and to pay a portion of the outstanding blanace for lighting fields. . 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 2 ~'. T purposes and to account for such Funds in accordance with generally accepted 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 3 J ... records, not exempt, available for inspection and copying as provided by law. 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 4 . .. entity organized out of belief in God or other supernatural beings. 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. MASTER CITY LITTLE LEAGUE ORG~ · By; .' - :S+-&Ve.,. Jv\.S+IV' ctBY; As its e'^~ As ATTEST: .~ Title: TTEST: Sworn to and subscribed bore .me,"fb..is ...2/ day of f':' . .~./,. ---;-1999. f <~,/ "';'. ~-.<tt~ ~ ' l~t'ary. 'pdbJn~,;' '= ~ ~~,~c.omnri'~s.~op ,E$pires; S. '~ ~~~~('.ftl''lty. Geergia ~ Y~"'." . ,r;i ):flr~ Dec. 5, 2001 ""<: ;~~~. .:.~~.~~<~~,~>~ 5 ,,; , . 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 April 28, 2000 The Honorable Jim Higdon, Commissioner Georgia Department of CommUnity Affairs. 60 Executive Park South, NE Atlanta, Georgia 30329-2231 RE: Local Assistance Grants Dear Cominissioner Higdon: Enclosed is the following Local Assistance Grant Request for Final Payment form for the following organization: ORGANIZATION GRANT NUMBER Master City Little League 98-C-LB40 I Master City Little League QQ-C-L-537 Thank you for your continued assistance in the administration of Augusta's grant awards. ~y.o=, Bob Young, ~ Enclosures: :1i ( GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E.. Atlanta, Georgia 30329-2231 RECIPIENT: Kaster City Little League LA GRANT AGREEMENT NUMBER: OO-C-L-537 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 numper 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: This is to request final payment on the Local Assistance Grant of the above referenced grant number. In makirig 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. ./" ~:::::;d( f~~ } <A- _ , / ,6 Name and Title Bob Young, Miyor Date t( / ~O fto ~-1 '- . , GEORGIA DEPARTMENT OF' COMMUNITYAFF AIRS 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 Master City Little League RECIPIENT: LA GRANT AGREEMENT NUMBER: 98-C-LB401 LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT GENERAL INSTRUCTIONS: CERTIFICATION: Authorized Siature 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 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 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 rerum the form to the above listed address. If you have any questions, please contact Bobby Stevens at (404) 679-4943 or .r\my 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 DY 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 i I ti'.~/-;h .' '~~r'.--. -"'_('O.'~~ 'i/:;~ .~\ u i ~ } ~ :O\D./O; \.:6....~~ "~ MASTERS CITY LITTLE LEAGUE BASEBALL Phase I Due to the increased enrollment from 500 kids to 750 kids, from 1994 - 1995, the Board of Directors of Masters City Little League, Inc. voted to add two new fields at the start of the 1995-96 season, Musco Lighting was the contractor used and light fixtures and poles were purchased for $ 100,000.00, uninstalled. Musco Lighting was paid $40,000,00, a loan was approved for the additional $60,000.00 by the Board from ON SITE CREDIT SERVICES. The arrangement was that the league would pay the loan off over a period of six years beginning in May 1996. As such, the loan will be paid out by May 2001. The lights were purchased and installed for the opening of the 1996 season. The fields were lit to Little League specifications and covered under the Little League Baseball Lighting Audit that is attested to each season in accordance with Little League regulations. Masters City was host to the 1996 Big League State tournament held on these fields, and hosted the Big League State tournament again in 1998. For 1999, Masters City hosted the 9-10 year old State Fast-Pitch Softball tournaments and the 11-12 year old State Fast-Pitch Softball tournaments. Phase II Install concrete pads under bleachers at three ball fields, estimated cost - $35,000.00. Install concrete walkways betw'een bleachers. 1 951 Phinizy Road Augusta, Georgia 30906 P.O. Box 6223 Augusta, Georgia 30906 . .~ MASTERS CITY LITTLE LEAGUE BASEBALL , To: Augusta -Richmond County Legislative Delegation Attention Don Cheeks From Masters City Little League Danny Tapley Masters City would like to request:final payment of your grant award. Masters City was granted 75 percent in 1998&1999 fiscal years. The money was used toward payment of . the lights we have financed. Phase I was to build two fields and install Musco Lighting on both fields. Phase II, we plan to install concrete under all the bleachers at Masters City at a cost of around $36,000. Any and all help is greatly appreciated. , Should you, have any questions, please feel free to call me at 706 790 5454 Thanks Again ~~~ Danny Tapley, Treas. 1951 Phinizy Road Augusta, Georgia 30906 P.O. Box 6223 Augusta, Georgia 30906 . . ~,: ~ :::~!\;..l\!,'J~:Q~.J!oQ.);Y~!"'ll';!.~~$~to.r<O(,.~JtlfJ'hf~1l';..Ij'.~..r.t:oT.~~~tN:.#!otX,2;':lI~"''Q~I;~.G';~'''':4>1VI.1mril,~r.:;;,.~t,,~t':O::.\Vill'''~i~Z::.t'lfi'('~,'::Ii~.'\lto.:l,tit'Ii..,.;l.\'li4in'r.',"<UIMu~llJ;';i.~,,.;~.,t:lI!Mllli~Ai';T~:' .' ....... - ":~,,,-,,,,-,...,,_......,.... ---'-. ,';:"'iY'\?'1,.j..' ...:.- ,,;...,.", ,I "\.,' o :~ 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 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: Augusta-Richmond County 2. AmOUnt appropriated by General 'Assembly: $15,000 3. Purpose of the Local Assistance Grant as specified by me General Assembly in me Appropriations Act: Construct fields and install additional lighting, at Master City Little League 4. Information Required by me Department of Community Affairs for Award: a. Please provide a derailed description of me project, location, type of work [0 be initiated, and for what purposes me funds awarded through this grant would be used. Attach additional pages if necessary. (0 r<lA"-~ \'IV S \-AL.\..............6 ~\' ~A,-\ ~ 6' ~-t 'D~ m\k~ u'O L\'1~\-5 k'-'1"\\' ~AS 'P~~U~A~{)Q \w A.?~'\\ \<1<11,.. SE:.E A. n 4 c... ~ <::. 0 SHE-cO, b. Please provide a budget for me proposed project, listing all revenues and expenditures. Project Revenues Local Assistance Grant '10 Of) .00 ' Project Expenditures l '\ ,I:) 6 ~.lP ~A~ ~~ ",.-t \ C\~ e \\,C;~3 P~'1~lS"~ \~<1<1 Local Govt. Other Total 0-0 <1 000. 23 , t. lP J c. Provide expected project start up and project completion dates: --1- -L- 'l~ ~-l- Zoo z. BTnning J)IZU , . ,., ,-'; .. ',Compk,titm,DlZu. ,.' -.......... \'.of . :-" ,........""'.# ',,\," '.. 5. Contacr Informarion: Please provide chefollowing contacr information for the grant. Name: 9bAn"'''1 -r.l.ll.~\6\ Address: ~\ 0 3 "t)b"S~N'~_ Cicy:{\u.. ~ v... ':> t ..A , Telephone: \O&.:.-\ ~oSltSlj Facsimile: State: GA Zip: ~o,ol.... E-mail: Name: Address: City: Stare: Zip: Telephone: Facsimile: E-mail: 6. Certification I. the undersigned authorized representacive of the local government described in this applicacion, cercify that to the bes my knowledge, the informacion in chisapplicacion is crue and correcr and the Local Assistance Grant subjecr to app tio will be used for the purposes ouclined above. I further cerrify the local government described in all requis te power and authority to expend funds for the purposes Set forth herein. -.l - 'Z..., - 31- Dau t\{LE.~S Titk W\~~ 6CL~ L>\-" l\ ~h> l~~,^6 , For additional informacion or assistance, please contact Amy Thompson at (404) 679-3154 or Bobby Stevens at (404) 679-4943. ,Ie.,'.: .1....~ 5/99 \ i .,... ., '. Application for Local Assistance Grant Local Assistance Granes are made pursuane co O.C.G.A. ~50-8-8(a) which provides in perrinent 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 ideneified by rhe General Assembly in Appropriations Act: Augusta-Richmond County 2. Amoune appropriated by General Assembly: $15.000 3. Purpose of che Local Assistance Grant as specified by cheGeneral Assembly in me Appropriacions Act: Construct fields and install additional lighting at Master City Little League ;, 4. Informacion Required by me Department of Communiry.Affairs for Award: a. Please provide a derailed description of me project, location, cype of work to be initiated, and for what purposes che funds awarded chrough chis grant would be used. Acrach addicional pages if necessary. (0 ....., J~ ''I(, ES , ....:> (:, \-.~ 1....'- no-, 6 .......... V...> .A S 'P....i...."l u\.."'.-') (, Q ~ A,-\ rY") G ,.)-\- \"-> ~? Q'\ \ 'J)l-..) mv..~ 0":1 L\ ',\h \'5 ~. '"" -F\ :\" \<1~ l.. 'SE:.E .""n4L~~O S t4<S~\ b. Please provide a budget for me proposed project, liscing all revenues and expenditures. Local Assistance Grant Project Revenues } /5;!J 0 () , / Project Expenditures !.if; 720/5 tV Local GoV!. " Other LLf; ()OZJ 1/5 f)t) C-) )1 Total c. Provide expected project start up and project completion dates: .-:L -L - L1. lQ B~ginnin! Dau ~ _ l - 2. 00 l. Compkrion Dau .1 5. Concact Informacion: Pie:J.se provice [he following concact informacion for che gram. Name: 'DA n rh... \' A.. ~ \ IS ... \ \ Address: ;;A \ 0 3 \.\ u \, S C N U_ Cicy: .(\\.A r" \A. ~ t ..A \ Telephone: '"'\ 0 I.. -1. ~ 0 SltS '-l Facsimile: Scace: GA Zip: ~OlO~ E-mail: Name: Address: City: Scate: Zip: Telephone: Facsimile: E-mail: 6. Cerrificanon 1, me undersigned authorized representative of the local goverrunenc described in chis application. certiry thac to the best of my knowledge, me informacion iri chis application is crue and correct and me Local Assistance Granc subject co s ppli cio ill be used for the purposes outlined above. I further cmify the local goverrunenr described in lica requisite power and. aumoricy co expend funds for the purposes set forth herein. \ - L"1 _ 91 Aurhoriad &prnm 'G/>. ,v", '~ /ioA 1'\;; '- N1V7I~ (pletV~ ?rin ~ \ Dare 1\' (\..,of. -A. S Title ~A""\ 6 <V:. l:,:t '\ L) ~'~b lE-A.<1_tAt> For addicional informacion or assistance, please comact Amy Th~mpson ac (404) 679-3154 or Bobby Scevens ac (404) 679-4943. 5/99 , .. \-~~ -- . :t,,,, MASTERS CITY LITTLE LEAGUE BASEBALL Phase 1 Due to. the increased em-ollment from 500 kids to 750 kids, from 1994 - 1995, the Board of Directors of Masters City Little League, Inc. voted to add two new fields at the start of the 1995-96 season, Musco Lighting was the contractor used and light fixtures and poles were purchased for $ 100,000.00, uninstalled. Musco Lighting was paid $40,000.00, a loan was approved for the additional $60,000.00 by the Board from ON SITE CREDIT SERVICES. The arrangement was that the league would pay the loan off over a period of six years beginning in May 1996. As such, the loan will be ~id out by May 2001. . The lights were purchased and installed for the opening of the 1996 season. The fields were lit to Little League specifications and covered under the Little League Baseball Lighting Audit that is attested to each season in accordance with Little League regulations. Masters City was host to the 1996 Big League State tournament held on these fields, and hosted the Big League State tournament again in 1998. For 1999, Masters City hosted the 9-10 year old State Fast-Pitch Softball tournaments and the 11-12 year old State Fast-Pitch Softball tournaments. Phase II Install concrete pads under bleachers at three ball fields, estimated cost - $35,000.00. Install concrete walkways between bleachers. 1951 Phinizy Road Augusta, Georgia 30906 P.O. Box 6223 Augusta, Georgia 30906 , . 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.gaus ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM RICHARD L. COLCLOUGH FREDDIE L. HANDY WILLIAM B. KUlll.KE, JR. WM. "WILLIE" H. MAYS, III J. B. POWELL STEPHEN E. SHEPARD LEE BEARD Mayor Pro Tem CHARLES R. OLIVER, P E, CPA Administrator MEMORANDUM To: Master City Little League 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 itdoes 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. '\- .;;... ^ " .. ..;~ Grant No. OO-C-L-537 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 21st day of September 1999. 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 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' 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. 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 ~xpended 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-537 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials. agents and employees ofthe 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 945-10-28 and O.C.G.A. 936-67A(1) through 936-67A(4) and that the aforementioned part;ies 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:allv Binding Act. The Recipient certifies that it is duly org~ized. validly existing and in good standing under the laws of the State of Georgia: that it has all the requisite power and authortty 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 ackriowledges 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 {rom the Department, 'until: such. findings are resolved to the satisfaction of the Department. 8. Open Meetine: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,tlencv 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: (H) has failed to complete all or a portion of the actions required under the Agreement: (Hi) has acted in any way contrary to the purposes for which the grant was awarded: or (iv) has violated any federal. state or local law. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. ~ ...- f'j.. ~ · Grant No. OO-C-L-537 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 Gp. 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] . :~. .~~.. ., J . .f.1 Grant No. OO-C-L-537 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: of Attachments: Exhibit A. ~Scope of Services" .,' i.~'/ .,-J'l. "...;'" Grant No. OO-C-L-537 Page 5 of 5 EXHmlT A The Local Assistance Grant shall be used by Augusta-Richmond County to construct fields and install additional lighting at Master City Little League. . 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. i .tj;' .. 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 May 26, 2000 Mr. Danny Tapley, Master City Little League 2102 Hobson Ct. Augusta, Georgia 30906 Dear Mr Tapley: Enclosed is a check in the amount of $6,750 representing final payment of your FY98 and 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, , dh~\/lti?#~ uenaJ.~V Clerk of Commission Enclostire: Authorized pick up Mr. Tapley tv .' SJ.1~~ , \ Date 5 \ d-. ~I 6\., ~_ _('I', .'ji AUGUSTA-RICHMOND COUNTY COMMISSION 030973 ., DESCRIPTION; ..' ",' :, P.O; NUMBER INVOICE NUMBER!' INVOICE AMOUNT NET AMOUNT,. LJOCAL ASSISTANCE GRANT 00CL537 3,750.00 0.00 3,750.00 LJOCAL ASSISTANCE ,GRANT 98CLB401 3,000.00 0.00 3,000.00 - .. ,- .. - - CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 030973 OS/26/00 6,750.00 0.00 6,750.00 --- -.----. - .--- - -- _________._ __._ _,___ ___ ______. __ ___ - __ _u___ __. ___ ____ =-~=====-~=---=--=----=-==-----= --- ..--."=... .=--- > :~~~~fl~~.~t ,~~~4. ~~~.. : ~ -".:,",'.:. .... ,:"J,>",~ '.' ....,~.i'i"'"....., ".::w.""u,':'. ,"'..". "I'''-'},'/)' ,/'. "J'~'~':;,/A"I;."" r;' ,,""" ~~~~:p,;:0~,C;J~:~,r(.r;,}\, "2~'ASSISTANT COMPTROLLER .,',....",,;., ,ii""',::," : ~~~~8~1":~~~'k"'~/~'!~ ~~~!;!~.2~i~~~'! : ,:Al!.GUSTA,GEORGIA II- 0 JOg 7 J II- I: 0 b ~ ~ 0 1. J 7 5 I: b 8 J 0 ~ ~ 8 J g ~ II- \'i' '\ ;/ '~...." .' ~~..} ~ /-(-b tf'(1 p c/JJ~rei Lay " ' GEORGIA DEPARTMENT OF ~- COMMUNITY AFFAIRS ,/ Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR i I ~, July 12,2000 Honorilole Bob Young. Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Y Clung: 'T am pleased to advise you that $24,01)0 in Local Assistance Grant funds f,)J' Richmond Coantyhas been included in the Amended Fiscal Year 2001 State-Budget. A brief description of . the purpose for the gran.l is included on the enclosed application form. To begin the pap(~rwork neccssjry to receive this grant, please complete in detaill:he &tt...ched appli'.:ation form and remT1l It to my office. Once Vie have received and approved the apoiication, w~ wil! forward a contract to you, We are delighted to assist you with your community devejo~mel!t activiTies. If you hav'~ que;;tion~, please contact Amy Hiil at (40{1 679-31 54 o~ Bot-by Stevens at (404) 679-494:1. Thank you. Sincerely, cawdj~ Jim Higck11] Con l1ni~;:;i oner 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 r r A July 18, 2000 Master City Little League Mr. Danny Tapley 2103 Hobson Court Augusta, Georgia 30911 Dear Mr. Tapley: 'J'" Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Gr~ene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 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. Pleas~ 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. , Enclosures: - I I I , f' 'F " J ~ ~ to? d1!!A ~ .r--' 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 ar qualified wcal governm~ts, which grants are specified by amount, recipient, and purpose in an appropriation to the department" 1. Recipient identified by the General Assembly in Appropriations Act: Richmond County 2. Amount appropriated by General Assembly: $24,000 " 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Construct ball field for Master City Little League 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. -rO .....-..~,A. d r". \ ~ C; \ A.<-_ V')--,.:;s.--.. --t L:J L. 1 '" ~ \ .--, ..........>:> N""\ v rv en u.... ".) <'::0 \...:. C\~ ~S ~~~\ WAC, \' W'-0~ ~<;. ~ I;:) I-N ~\ P,{t \ \q~~ b. Please provide a budget for the proposed project. listing all revenues and expenditures. Project Expenditures ~ ~4: 000 . Other Total ~ ;;.'--l Oco . :i ' , :l.4 oem c. Provide expected pr.ojectstart up and project completion dates: 4- - I _ q ~ G _ -'- _ l. co-z. Completion Date Beginning Dau ,L " JoI -. 5. Contact Information: Please provide the following contact information for the g~ant. Name: Address: Cicy: State: Zip: Telephone: Facsimile: E-mail: Name:' DA{)(")u \ A. ~\~ ~ Address: d-.\ 'D ~ \4 t:>b 'S 1:)~ \ ~ -. .. City: ~''-^c, lA c... \ A G A I ' Telephone;-\ 0 10 '1 c;,O -'S'-t.Slf Facsimild: / ' '=>,....., l,.. State: ~A Zip: ';:) ~ U E-mail: ;{ A t> "5 ~'5 q @ f'f'.5N . ~~Y'Y\ 6. Certification I, the undersigned authorized representative of-the 10caI government described in chis application, certify that co the best !mo ledge, the information in chis application is true and correct and the Local Assistance Grant subject lica n wil be used for the purposes ouclined above. . I further certify the local government described in :"i'~' ~~:J '0 ap=dfun& fo, ilia e purposes set forth herein. '6 - 22 - 2000 Authoriud &pmmtativ~ Date Bob Young Nam~ (p/eas~ print) Mayor TItle F9r 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 Aclanca, GA 30329-2231 www.dca.scate.ga.us 6/00 r r. Ii" -T GEORGIA DEPARTMENT OF COMM'UNITY AFFAIRS " Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR . 'Navember 27,2000 Hanorable Bob Young, Mayor Augusta-Richmand County 530 Greene Street, Raom 801 Augusta, Geargia 30911 Dear Mayar Yaung: Enclosed is a check in the amount of $36,75,0 representing the first payment under the follawing Lacal Assistance Grants: ' Grant No. 01-C-L-449 Grant No. 01-C-L-651 Grant No. 01-C-L-652 $18'000fltl //Jz, j/iIb/.JR~ $ 3,750 Ii>>'.~~-' $15,000 ~~, "Also enclased are copies af the executed contracts for yaur files and Local Assistance Grant Request far Final Payment Form. This form ~ust be campleted and returned once you have completed yaur project and expended the full amount af the grant funds. Up an receipt af this farm we will issue the final payment. . Plea~e 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 Accaunts. 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 mandatary ..return af the funds to the State. If yau have any questions about these reporting requirements, please - contact Edward Blaha. Deputy Direct~r, Department of Audits and Accounts at (404) 651-5115. I am pleased that we were able to. assist you with the funds provided. If yau' have any questians, please call Amy Hill at (404) 679-3154. ' Sincerely, .Q~4- Jim Higdon Commissioner JH/ja Enclasures eQUAL HOUSING ~ . OPPORTUNITY L:.J 60 Executive Park South, N.E.oAtlanta, Georgia 30329-2231 0 (404) 679~4940 www.dca.state.ga.us An Equal Opportunity Employer @ ReCl'cled Paper f l' T ~ ~ . c., erra:rit No. Ol-~L-449 ~ STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 6th 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"). ~REAS.the State of Georgiadesires 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. 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 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 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: $18.000 Within ten days of the Department's receipt of an implementation plan. $6.000 Upon receipt by the Department ofwntten certification of project completion in accorqance with this Agreement. $24.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. ., r '} i ~' ~ L 9r.UitNo. 01-C-L-449 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-lQ-20 through 945-10-28 and O.C.G.A. S36-67A(I) through S36-67A(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 Leg:allv 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; .Monitorin~ andAuditin~. " Upon 'request. the Recipient agrees to, provide the Department with any information, documents and/or photographs the Depart:n1entdeems 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 fmanciaI 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 concern'ing expenditure of project funds. whether based on an audit report. fmanciaI 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 Meetin~s. The Recipient certifies that in approving this Agreement. it has complied "vith all the open meeting requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated. 9. No ~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 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; (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. 1 r ~' ; . (, , 9rant No. Ol-C-L-449 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. 11. Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett u. 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 pu ts 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 \vith 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] ~\ t,.\. 1 "Grant' No. Ol-C-L-449 .' f ;' Page 4 of 5 IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT c4zrt G1 By: / / Mayor Attachments: Exhibit A. ~Scope of Services" FOR THE DEPARTMENT OF COMMUNITI AFFAIRS By: Jim Higdon. Commissioner i i' :t, .~. grdIit ~Jo. Ol-C-L-449 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Richmond County to construct ball field for Master City Little League 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 th~ 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 foragr~t'f6r 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 retum is substantial. No act or failure to act by pCA will waive the requirement of compliance or prevent the State from asserting noncompliance. /' i' _:r . ~ ~. Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk December 4,2000 Mr. Danny Tapley 2103 Hobson Court Augusta, Georgia 30906 Dear.Mr. Tapley: Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 Enclosed is a check in the amount of $18,000 representing 75 percent 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. er, Clerk of Commission Enclosure: AuthOrize~~iCk up ML Tapley 1..>..S:l:^ln ~_ Date\U~ 00 r-1 " \. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR September 7, 2000 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 $24,000 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 grant,s 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. Sin,cerel~ ~gdon Commissioner JH/cm Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L:.J 60 Executive Park South, N.E. 0 Atlanta, Georgia 30329-22310 (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. "WILLIE" H. MAYS, III Mayor Pro Tem CHARLES R, OLIVER, P E, CPA Administrator MEMORANDUM To: Master City Little League From: James B. Wall Date: July 26,2000 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Com'munity 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. 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. ~~ J. i'- , 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 MASTER CITY LITTLE LEAGUE 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, whi9h Augusta has determined renders a substantial benefit to its citizens, to wit: To provide 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; ~ 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 Agre~ment 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 f' ~.. ~,,' :._ ,'. .1\ . Organizaticn 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. MASTER CITY LITTLE LEAGUE ::~~".g ~ As its ~~ ATTEST: Title: oiJ By: Q~ 1 V ATTEST: Sworn to and subscribed . before me this day of -;2000. Notary Public My Commission Expires: 5 ", ., Office of The C.lerk 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: November 29, 2000 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards . (-- Enclosed are checks in the amounts of $135,000 and $36,750 from the Department of Community Affairs. Please issue Augusta-Richmond County checks to the following Local Assistance' Grant Recipients. ORGANIZATION GRANT NUMBER GRANT AMOUNT Richmond County 01-C-L-45l $22,500 Marshal's Dept. National Legacy 01-C-L-452 $112,500 Foundation Master City Little League o l-C-L-449 $18,000 Easter Seals 01-C-L-65l $ 3,750 Safe Communities o l-C- L-652 $15,000 Thank you for your continued assistance. Enclosures: (2 Checks) AUGUSTA-RICHMOND COUNTY COMMISSION 042938 :::'~:~~~:(~~~.i::';'.'.~;:~;;:~:; '",&,iDESCRIPTION:; '-:::'~';9;',;:,,;,,;::.::i ?:/~::::;::::: :;;:::::i~:~t;-:::: .." ....... .%P.O~,NUMBER}'F.';,INVOICE.NUMBER<} >>M:INVOICE"AMOUNTN"~'c'" :::::J:~" .. ',-.- ,';;:;-,:';":::;:::b,,: ::i~:::::f.;W:: ";.})NETi'AMOUNTiWM"', GRANT , 0 lCL4 4 9 1 8 0 0 0 0 0 0 0 0 1 8 0 0 0 0 0 , . , . , " .. . - .. " .. ". -- .. -. .. .- . ~ - "-. - ." -- .. .. .- .- -- .. - - .. CHECK NUMBER CHECK OATE TOTAL INVOICES OISC TOTAL CHECK TOTAL 0 4 2 9 3 8 1 2 / 0 1 I 0 0 1 8 , 0 0 0 . 0 0 0 0 0 1 8 , 0 0 0 0 0 .. "QO ~ 2 g 3BIIQ.:O b ~JIO . 375': b"B 10 t L.B 19 lalli ~: " :~ -~ ,'. " 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@mail.audits.state.ga.us ~~. '. ~ STATE OF GEORGIA GRANT CERTIFICATION FORM A Local Government B Information For Year Ended . ! 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 "'~. .~ ,~ . 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. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER March 16, 2001 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 $6,000 under Local Assistance Grant #01-C-L-449 to Augusta-Richmond County. If you have any questions, please call Amy Hill at (404) 679-3154. Sincerely, 4~ Jim Higdon Commissioner JH/j a Enclosure Roy E. Barnes GOVERNOR EQUAL HOUSING ~ OPPORTUNITY L:.J 60 Executive Park South, N.E. 0 Atlanta, Georgia 30329-22310 (404) 679-4940 www.dca.state.ga.us All Equal Opportunity Employer * Recycled Paper >- 0- 2 ;:) o tJ o 2 o ::E :J: tJ 1"... C'lo: ... , M<t -0- -Olll 00;:) OOC! 0;:) U.0<t o Oi -HE 00'" OZZ o 0 "''''' OlCC " '" '" a.>> ,', o .1".-"$-;: ~ '0 0 ::) C) .....0 0 ''', a:2 . 0 I 0 ':.:@~ ;:' 711- o. ,,"CJ~ :ig CflZ Ul "-,ll.. tJ -' _ Cfl;:) ,;',0 0- - 00 ': 'UJu. '<t ,cr:!E ".,' ~'O ,~, l'e:( ;;:;::....:, ~ ',:,(j) 2 CD ,;~\~ .LU. ',.'.::E C.:, :;, n.':.. <c ~:: .,~. -' a.. w o 'lII 0: ... <t 'u. U. <t 2'N o " 0 zo.- 'H~ 606 1"-0 000 00 ' Ul<-lO ~'O OUlO 0- . O'Ul OM'" 00 wcr UW -CD 0:: >;:) a:Z I- Zz ;:)W Ollc:: ~~ "'5 I- Zo ;:)- Oe:( :!ED.. e:( '" ~ ~ I -' I tJ I o - o o <-I , LIl - , C'l o Ul CO ~ <-I <-I o o o o o o o o o o o o Ul };:~ <C ... '" ::- 1:::, ~ --i-.. .<.~ n" :It o o o o o Ul ... ~' I, i 01 Q }0itl ..,,~:~':'/,. ~-~I ':i'I~'; .~~F.~;.t.~.,t a ... ",,,,':>-'.;1.,:1' ~ .~ rJ, ,.,,~ ~:: C"- ... o C"- o .. - o ... o o o o ... cD o . . - ~ C"- o o cD .J o o o o o ~ ~ lJ1 cD .J t: f" !: L I:: .. I i t, l- I': I. r: ; i' I f j: I: t r. . -, r.! ., . Office of The Clerk of Commission TO: Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk MEMORANDUM 1\1ls. Donna Williams, Interim Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: l\tlarch 20, 2001 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 ~ a~'S ~ Vtl Y)/v Enclosed are checks in the amounts of $10,000 and $6,000 from the Department of Community A..ffairs. Please issue Augusta-Rlchmond County checks to the following Local Assistance Grant Recipients. ORGA1~ZATION Nfaster City Little League Opportunity GRANT NUM:BER 01-C-L-449 , 01-C-L-425 Thank you for your continued assistance: Enclosures: (2 Checks) \~.Q ~ /or-ooo(X)(J - '3 3 V31/U ~0 / / / .: .~ . 0 . . , . MASTERS CITY LITTLE LEAGUE BASEBALL To: Augusta -Richmond County Legislative Delegation Attention Don Cheeks From Masters City Little League Danny Tapley Masters City would like to request final payment ofyoUf grant award. Masters City was granted 75 percent in 2000 fiscal year. The money was used toward payment of the lights we have financed, Phase I was to build two fields and install Musco Lighting on both fields. Phase IT, we plan to install concrete under all the bleachers at Masters City at a cost of around $36,000. Any and all help is greatly appreciated. Should you have any questions, please feel free to call me at 706 790 5454 Thanks Again ~~ '95' Phinizy Road Augusta, Georgia 30906 \' ,', \\, '''". . '.. ~ ,,\~,' , ,. P.O. Box 6223 Augusta, Georgia 30906 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 2, 2001 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 is the following Local Assistance Grant Request for Final Payment form for the following organization: ' , ' ORGANIZA TION Master City Little League GRANT NUMBER o I-C- L-449 Thank you for Y9ur continued assistance in the administration of Augusta's grant awards. i' "j . . " GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N .E. · Atlanta, Georgia 30329-2231 Master City Little League RECIPIENT: LA GRANT AGREEMENT NUMBER: Ol-C-L-449 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 ~ppedeft-hand comer of the grant agreement. GENERAL INSTRUCTIONS: The certification statement below mu~t 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. CERTIFICATION: Bob Young, Mayor Name and Title Authorized Si ature Date . . , .' _ . .. ~ l- ~ AUGUSTA-RICHMONo'COUNTY COMM~$SION" ", .: -'r 'f.-,\.r 'I .'~..:~,..' '':_...: '. -.l.....;...~,~:.. ~..;. };~:;::;)t~;;t?d{. ~-:/{~~~:::;~ '/iDESf.RIPTlON'nW"":'lt%o;"i!PC ;::im:~::;;;;f:k;;; ':.mYi ":~"P.O>NUMBERm @INVOICENUMBERii '0~2001 -,' \WINVOICE,'AMOUNF': 6,000.00 ~'J'T' .. ,"-.;.-'. , ' ~.~... ---. - ;. - ",... . L .~ J: . CHECK NUMBER 050342. 03/23/91,': AUGUSTA-RICHMOND COUNTY COMM.ISSION ROOM 105, ACCOUNTING DEPARTMENT 530 GREENE STREET AUGUSTA, GEORGIA 30911 PHONE (706) 821-2334 .' 1.' :.... . "\; . .< TOTAL INVOICES 6,000.00 0.00 11~'~tii;GKt>.AtE~iit:t%(j ;fwlfpfll;GKrN Ql;;iMN~ 0 3 / 2 3 / 0 1 0 5 0 3 4 2 050342 ':,::::;::,*:~~~~<:}%"??;;::- :';:":?1}"/!_: "c< :-,'::NET{AMOUNTii,z!,':'":'" 6,000.00 0.00 ", . :,..L?:,' '9~ DISC .TOTAL '. CHECK TOTAL 6 ," 0 0 0 :~ 00' ***$6,000.00 * * ** * * *** * * * * * * * * *** * * * ** ** *.* * *** * * *** * * * * * * * * * $6; 00 OANDNOCENTS NON NEGOTIABLE COpy TOTHE ORDER OF 79353 MASTER CITY LITTLE LEAGUE PO BOX 6223 AUGUSTA, GA 30906 II- 0 so ] ~ 2 II- ': 0 b . . 0 . a 7 5 I: b 8 ] 0 . L. 8 ] ~ ~ II- I' GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COM~nSSIONER Roy E. Barnes GOVERNOR September 7, 2000 Honorable Bob Young Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 YJ!~ ~ . ;;;;ie/~! , , Dear Mayor Young: The attached contract when executed commits state funds in the amount of $24,000 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. , Sin,ce'el~ ~gdon Commissioner JH/cm Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY 't=.J 60 Executive Park South, N.E. ~ Atlanta, Georgia 30329-22310 (404)679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper r r MASTERS CITY LITTLE LEAGUE BASEBALL Phase 1 Due to the increased enrollment from 500 kids to 750 kids, from 1994 - 1995, the Board of Directors of Masters City Little League, Inc. voted to add two new fields at the start of the 1995-96 season, Musco Lighting was the contractor usoo and light fixtures and poles were purchased for $ 100,000.00, uninstalled. Musco Lighting was paid $40,000.00, a loan was approved for the additional $60,000.00 by the Board from ON SITE CREDIT SERVICES. The arrangement was that the league would pay the loan off over a period of six years beginning in May 1996. As such, the loan will be P4id out by May 2001. The lights were purchased and installed for the opening of the 1996 season. The fields were ,lit to Little League specifications and covered under the Little League Baseball Lighting Audit that is attested to each season in accordance with Little League regulations. Masters City was host to the 1996 Big League State tournament held on these fields, and hosted the Big League State tournament again in 1998. For 1999, Masters City hosted the 9-10 year,old State Fast-Pitch Softball tournaments and the 11-12 year old State Fast-Pitch Softball tournaments. . Phase II~ Install concrete pads under bleachers at three ball fields, estimated cost - $35,000.00. Install concrete walkways between bleachers.s '95 J Phinizy Road Augusta, Georgia 30906 P.O. Box 6223 Augusta, Georgia 30906 r.~_r_"'~'~'.'''_~W__~~__'~H~_ '~~~'-~~=~""""",-"!~!'_"'-''"''-''''~~~~''' =:":."::". ::~,-,-.:.'.,--:;,..;.-;.;;:.-:~-,~=.::::::;-,:...-::::.;;:.~~ _.- -- -- .--. -..... - ._....."._~.-_.-_...... __,__-.c,.-.-CC._'''-___.,'',.;,:~'-''""=~-': ;;'..!'T.~~!TJUO'f..i~~~~.. ~~~.~7'.~. i9t';~ t?i~\, ~~ ," :;, ',._' ~~j-~~~~~-:- ~i.:N:<l~j.# ~~" ~~ Application for Local Assistance Grant Loc:tl Assistance Grants are made pursuant to O.C.G.A. ~50.8.8(a) which provides in pe:-tine:lt part: "The department shall make grants to eLigibLe recipients or qualified local governments, which gran;' are specified by amount,' ~ecipient, and purpose in an appropriation to the department" L Recipient identified by the General Assembly in Appropriations Act: Augusta-Richmond County 2. Amount appropriated by GenerJ Assembly: $15.000 3. Purpose of the Loa! Assistance Grant as specified by the General j\s.sembly in me Appropriations Act: Construct fields :lnd install additional lighting at Master City Little League 4. Information Required by the Depamne."lt or CommuniC'f Affairs for Award: a. Please provide J. detailed description or me projecr,loccion, type or work co be miriatd. and ror what p\L.1'oses me funds awarded mrough c.~is grant would be used. Accach additional pages if nec:ssary. L\ c'\~ \'5 ~""~ :t v...,) ,.::.. s 'f>'-'- '... /... \., '" <"., G a ~ A '-\ rY"'\ G' .oY\- \,..) fl-?Q\\ 1)'~ ffi,,^-~ UJ \ S("~ l,. (0 ,......'""'\J~'-.::..s \ "-.) c:, \-.~ l....'- n-, 6 .....,~ "SE:E ."'-.. \.I ~ '- \-< Co. 0 <; Hc:=.<.::-r b. Ple:1Se provide a budge~ for me ?roposed projec.:, listing all revenues and expendicures. Local Assistance Grant P~oject Revenues fJ /3;/J 0 () I Project upenditures J l~,~oo Local Govt. Othe:- /./5 tJtJ G) )1 Total LL:~ CO?) c. Provide apecred projecr scart up and project completion daces: J..\, I . ~ \II -- ~_ _ .2.00 L C~m!,uria" Oau B~gi""i"! Dau .~!;~llWJY 'i-riti~y F' '. Application for Local Assistance Grant , Local Assistance Granes are made pursuant co O~c.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: Augusta-Richmond County 2. AmOUnt appropriated by General Assembly: $]5.000 3. PUIp?se of the Local Assisrance Grant as specified by dIe General Assembly in the Appropriations Act: Construct fields and install additional lighting at Master City Little League 4. Information Required by the Department of Community Affairs for Award: a. Plose provide a dc:tailc:d description of.che projc:cc, location, type of work to be: initiated, and for what purposes the funds awarded through chis grant would be used. Attach addition~ pages if necessary. ( 0 r"V'""l A'i:::. ~ \.~ S \.- A. (....'- n-., 6 ~\" ~.A '-\ l'Y') 6' ~ -\- 'D >--.) m \.k.~ u '0 L\~\,\-'5 x"'~\' Uo-.;)AS 'Pv...QU~A~{)Q \l-J A?Q.',\ \q~1,. 'SE:.E A. D"Ac..~ ~o S HcS<c, b. PIc::ISe provide a budget for the proposed project, listing all revenues and expenditures. Project Revenues Local Assistance Grant '1 OD'D.O<> Project Expenditures l '\ \ l:)6 3 . ." ~A '-\ ~i "'-\; \ \ ,t::) ~3 pA't -n--"l'-t \<1c;.~ \ C1. <1 <1 Local GOvt. Other Total 0-0 <1 000 . 23 \ <.. lP J c. Provide expected project start: up and project completion dates: -!:L -L - C; \p BTnning Date ~,..l- '2.00 z. ComputUl1J Dau ~~ " 1',- .' ,;v ., drant No. OI-C-L-449 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 6th 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 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 Pro1ect. 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 an implementation plan. $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. /' "i " t:- " .. . 'it' Grant No. 01-C-L-449 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 945-10-28 and O.C.G.A. 1336-67A(I) through 1336-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally. the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Legallv Binding Act. The Recipient certifies that it is duly organized, validly existing and in good standing under the laws of the State of Georgia;') that it has all the requisite power and authority to enter into this Agreement and to assume the responsibilities herein including the expenditure of funds; and that all necessary actions have been and will be taken in conformance with all applicable laws'to make this Agreement and actions hereunder valid. enforceable and legally binding acts of the Recipient. 7. Monitorinl!: and 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 Departrllent. 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. ,t ~. " .4 V ~' . '1- ~ ;:' Grant No. 01-C-L-449 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 con:nnon 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 ~,. .,.'~\ :.J :- Grant No. Ol-c..L-449 ; 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 Services" FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS By: ) '" . ~ ~ ...;: _" ._~'il '.) ;; .. drant No. Ol-C-L-449 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be use,d by Richmond County to construct ball field for Master City Little League 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 retum is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. J, ..'i' , . ,. :\ .... i GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR September 7, 2000 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 $24,000 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 rhat 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. ., s;n,C:I~~ CZt Higdon Commissioner JH/cm Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY 'L:.J 60 Executive Park South, N.E. 0 Atlanta, Georgia 30329-22310 (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR April 19, 2002 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 $16,250 representing the final payment for the following Local Assistance Grants: $5,000 1Ifl.f!!t ~3t $2,500 1Y!Pr$/4IIrV J.#.: . $8,750 rltLffMtrv au~ .llf-JlM.albp-d Grant No. 97-C-L-111 Grant No. 97-C-L-126 Grant No. 97-C-LB198 If you have any questions, please call Bobby Stevens at (404) 679-4943. c?~.~ Laura J. Meats 1 Commissioner LJMlja Enclosure EQUAL HOUSING ~ OPPORTUNITY L:.J 60 Executive Park South, N.E. 0 Atlanta, Georgia 30329-2231 0 (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper AUGUSTA-RICHMOND COUNTY COMMISSION 076655 ..'.... :::..::,..,;::::~::,-~(.:.::~ :.::.: ,DESCRIPTION::'){:'#:~::":,:;::",;kj;.:,:,:::::}::,::':{' ," ...-......:<':~.:-:-:.~~ ::o:"P.O::NUMBER':: }'INVOICENUMBER, i'>>INVOICE"A MOUNT,::"i;.,,'" ~t4;~;'~'-'~' ';:(:i;;;:::- d. " ".'" ":';i'",,:#NETA MOUNTf~\:;}:' ........-'......N....,.......,-',.Y!' LOCAL ASSISTANCE GRANT 97CL1 1 1 5 , 0 00 00 0 00 5 , 000 00 . j 11~/oY tJf3~ ~ ~O ~ - ,- - pi '~ v-J Q CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 0 76655 05/ 10/02 5 , 000 0 0 0 00 I 5 , 000 . 00 '~~_' J~QMMISSION :, , ' oo-'1'oSf'ACCOUNTING DEPARTMENT 530;GREENE STREET " ~U,~T~J':.<?gORGI~ 30911 P'ijONE(706) 821-2334' .~l~~r"'-. ',', '.-"j; ':;: l' ~ 1 , .. ~ . _ __." , r _' ... _.." . ':,,~...::~"/'; ',.'.!~.~__"', .'-.....' ......'.. L,-: o. '::. * ** * 'Ii *.* * * '!<'i<:!' *L~'"t., '-* .,* *:,*~~ *~*:,*:,*, * '* '* ~ :tr.* ,~*,''I< *".* :t,,'!'"t, * *: *,~,~, * * * $ 5 , 00 0 ANDNOCENT S , .... .... ;j~;.".".'C'!{;~J1i >i:,"' : q~mDA~~"DAYS .... :f;:Ja~~E :_;~1~;~~i~ ~"""i'--'F_-I, ,.-:.,._ ~~.n;-:'>:''-'''' LITTLE " " :' '~tI' . "~a ,~tJ~~-~ . ", l.~ " ASSISTANT COMPTROLLER ' FIRST UNioN NATIONAl. BANK AUGUSTA, GEORGIA 11'07 b b 5 SII' ':0 b ~OOO 2 27': 208000070 287 bll' < <" ' ct)~~ 5. c. <D' '00 . ZZO QI 0.0 3 <" ,....'. ro, ~. ,'" 0 "'0"Tl 00, >00. ;;:goo, 00- 0'(0) "-.J~ '" O..;,J. o '3: 3:, .... en Vt, -' 0; 'z m" ;0 If! ~. 0, m ~ )> ~, ;0 ,- '...... 3:, m- : .~ zen '-i -I ' }> : 0-1 )> "Tlm ":: .~.~ ("") 0 o ,.. "0 TI o Z 3:Gl .."-t 3:m -', )>", c: 0 o ,..' Z J) o " ....'Gl o '""'-i- ,..,~,}> )>, "Tl "Tl, )>, ..... ;0 'en, ' C).OO :r:r:r 1l 1l 1l "''''''' -<oz o " 0 ~iD.' . '00'0, ",,,,,,,' '000 . <0 co co . ",' 000,; "','" "', , ~\~ ~.~~.-~, U100 ' '000 " ...... , '~, . .-' "000: '",,,,,,,- '............, 000 :101010 ' .....................- "''''''' 000 ',000.,. .._.~~.~~.~ 000, \',:" g-ggi: _'888,\ "enenen' en en en, (0)(0)(0) ~:-.J oo~~ ~ ..00 -"'0 en...... 0 ;. "-.0 "'....0 Ul.' U1 0",U1 , 0U1 000 0"'_ )> ~:!: ')>0 6~ : <Xl U1 '" -l ....OU1,' U10,O' 0.00' 000 ,000.. -, zJj~;,;::,~~~~~~~~~~, ,; 0<::> ' " ~i<::> ~f!~mf(~g~? ~:,,,,,,,,::"""'" :0 '" ' , ,. ,.... - -. o o o o o U1 U1 LIl o .... -. - .. o IP .... o o o o .... o - .0 o ~ o .... ~ r- IP LIl -. .. en '" U1 o o o ~,~ , ~"";:' ~j ""if"l y~ ',', 'l;:'; '<.' ~ '-" "':".~ i;'. 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 LA GRANT AGREEMENT NUMBER: 97-C-L-lll RECIPIENT: Master City Little League LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT GENERAL INSTRUCTIONS: CERTIFICATION: Authorized Si nature Name and Title TIlls 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 o.fficial 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.. 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 c'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 herem is true and accurate. D~lte ~. ':. ..: . .",,' . "1, .".... " : . . "" - .' <....: .. ";', .; ..:. . :.::r, .:t .. :, ~ .:~~: . :. . '.:i;: : ,. :::::, C:I1 '" :~ ':':~ =' ,.,:..... . ::; l:)t) = ' ,:~ . " ::,:0, jIorof ':'Q)"~' , ,...... ' ':\...1. "vc:....-~ ".::0, =' :;:'d)' U -'Q ,:'~ ,:0,~' '... ,~~~!f ~s: :1\ . ID N o 6 u (3 N o o C\I - ex;) C\l - ('f') r- ~ o o 0-l r::: -~ o Cl I.l.I UJ f- f- ~ ~ W 0 a: Cl. u :J W UJ ,f- f- ~ ~ o Cl 32 Q) u: ~ Q) ~ ~ ~ ~ Q) o ~ Q --I ill ' > c.> _ . 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NOW> - Z "'I-ZO I- J lJ..\ ~ ~ 2 Cl. u..1 ~ 0 Q; cn 0 Z ~ <(WW wl-;::o () 0 u..O:Uo 0: a:~~ Q;;~I-Lt ~ u::~O &5 ~ ~ ~ ~ ~ ~ co 8: '~ ~ a: a: ~ffi <( o o 0, o ctl ~ ~~ >- ~ (Y') <ii - ~. - > C C (f) c:( .- :J :::::l 0- cr: a: o 0 - en 00 I~ O-@ -0"0 IZ ...Jc C c: :J f'-. <( c 00 0 -ctl E E U ~ ~ ~ .c ~ ,.... - en .~ .2 ~~ g - a: 0: ,..... a: C\l co co r- I.{) (Y') -= __ N,.....0-l c: (f) cn ~ _ 0 Q) ::l ::l ..... () 0)0) 0-l'<;fNO . ::l ~ ..... r- N ~ f'-. (Y') (Y') 15 <{ '-'? =- 9_ g ~[;J 0 I- <JJ 0: >- Cl f- f- I- a:u W 0 Z c:: W f- 0 ~ ~ ~ 0 0 :z -I ~:JI-z: 000 0((Ja:~:I: O-....,z:; -UJW ((J 2 f- <3 WI 0 0 (f) I- cn O:J W (f)U :J<{ UJ 00: ~ a: a: 020: :J J: W <.:l ...., cn 2 o U ~L!) 0 ~ u o _ g E w -0 c u:: . . <i ~.. ((J a.. u: >- !::: o Mar 28 '02 15:34 \ <4 -", .. P.04 .,.... I c: Q) 0.. o en >- ((J :J (!J I- ~ \ Z <: 0... ..... r- ~ ::E ((J 0 ::E' () 0 u July 28, 1999 , The Honorable Jim Higdon, Commissioner ,Georgia Department of Community Mfairs 60 Executive Park South, N.E. Atlanta, Georgia 30329-2231 Dear Commissioner Higdon: , ' , , The Master, City Little Lea~e gran,t award each year is applied' towards. retirement of , .debt incurred in the installation of lighting equipment for our ball fields: ' , , Sincerely, Danny Tapley, Treasure, Master City Little League GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR March 12, 2002 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: In fiscal year 1997, Augusta-Richmond County received a Local Assistance Grant in the amount of $20,000 for lights for the Richmond County little league field. We mailed the first payment to you on October 18, 1996; however, there is a balance remaining of $5,000. If the project has been completed, please complete the enclosed Request for Final Payment form and return to our office. We will then process your final payment. Thank you for your assistance in this matter. If you have any questions, please call Bobby Stevens at (404) 679-4943. Sincerely, ~~1'1~ Commissioner LJM/j a Enclosure EQUAL HOUSING ~ OPPORTUNITY L:.J 60 Executive Park South, N.E. 0 Atlanta, Georgia 30329-22310 (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper .", " 'i' (' ! GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER September 1, 1999 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: t The attached contract when executed commits state funds in the amount of $15,000 to purchase equipment/installlighting at West Augusla Little League. 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 aT1d 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. c;;;Jk . Jim Higdon ~ Commissioner JH/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L:.J ~rd1f; f!-~ - 17' 60 Executive Park South, N.E. 0 Atlanta, Georgia 30329-22310 (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper . f ., 'I 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. III J, B, POWELL STEPHEN E. SHEPARD LEE BEARD Mayor Pro Tem CHARLES R. OLIVER. P E. CPA Administrator MEMORANDUM To: West Augusta Little League 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 ari 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, 1 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 'consti,tutional 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. '0\ RECEIVED o 9 1999 (AUGUSTA-RICHMOND COUNTY COMMtSSlO/l) 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 shan make grants to eligible recipients or qualified local governments, which grants are specified by amount, recipient, and purpose in an appropr..ation to the department" 1. Recipie:1t identified by the General Assembly in Appropriations Act: Augusta-Richmond County 2. Amount appropriated by General Assembly: $]5,000 3. Purpose of the Local Assistance Grant as specified by me General Assembly in me Appropriations Act: Purchase equipmentlinstalllighting at West Augusta ~ittle League 4. rnformation Required by me Depamnent of Community Affairs for Award: a. PIe:lSe provide a detailed description of the project, location. rype of work to be initiated, and for what purposes me funds awarded through this grant would be used. Attach additional pages if necessary. , To h.e.\p P, -hr ):j'U-:1\) fY\;not" L~c..~l4,.~ a.A~ r-a4.--Il-p:.tl.IJ~ a.~ T8a..-tl b...;,IJ: a.+- ~ w.e.-:.-+-AfS.-I-.. U'l4Ie- L-e.C(.Su.~ f)4-'f,'rt1 +:eIJ~. It/so r _ 4 , .J - b~ I d'1\.<\ 0.. VI J. dl.4..P oJ,,:;; t'rl L~ HIe. L e 4..Ju.e- +; e.lJ. . ~r- r-e.Pc&'I,-5 ]""C' I I ..) TI k. 1>1\ T- 8....Vl. *,....W- c.,,,, et I: 5 U: 11 'j lAol~:5 C p;?t.1' /~ l-e..cR ~ t!!et./S ~o e. w",. I -L.I h. ~ ,00 /JOD 00. b t :i?,:j-~PP. O(1,'S 5.).;;) cu;e&.. W:~A..+wo o~..,6 ,D"t"6-f'''1 ' . oJ Do-- th... '/ b. Please provide: a budget for me proposed project. listing all reve:nues and e.,"l:pendicures. Local Assistanc:e Grant Project Revenues liS'" I?O?J. t' 0 , Project ExpenditUres Local GOvt. Other Total c. Provide expecred project stare up and projecr completion dates: -L - ..L - -ti. ..LZ. - L- - JJ. B~rinning Dau Camp~tian Dau .\ ....~ -,'~_"". ~.r~ o. ..... "_ , ~. J ..": h 0"': 4. ~ 0: - ;.." " '5. Co~cact Informacion: Ple:lse provide che following comact informacion for che: gram. '. o~ . I; ~ 0 '.' , -,.:, ~;V.{f:",i. .'t;;r.~\;:.~l'" Address: "J-; ~ I ~ ~.3 7 K~;5t"t- Ilc >c w 0 () J.. cl- ..c "'~J'", ,,"'0 ,~.. ~t-". 'Name: '" City: A-~A ~-l.. . Telephone: 13 ! -() 71 7 Scate: b.-A Zip: j 0 c; t:J.Lj Facsimile: E-mail: Na.':1e: '51.(.5 ~o"!. ~Y1 ; s t-.~ Address: :5 a... VY'I -.R City: State: Zip: Telephone: Facsimile: 7 'l ~ - f I c; 7 E-mail: k,...; 5 h !'i lA- r:!!. emf. kJJ. '1"'-' u.. 5 6. Certification 1. n ersigned authorized represemacive of the local governmem described in this application, certifY that to the best of knowledge, the informacion in chis applicacion is true and correct arid the Local Assistance Grant subject pp cion will be used for the DOSes ouclined above. I further certify the local government described in r and. authority to apend funds for the purposes set forch herein. 1-~-li Dau , SlA:S~" E. Kn ;,h..1:- Nam~ (pieau print) , '?res ;Jel1t lirk For addicional informacion or assistance. ple:LSe comact Amy Thompson at (404) 679-3154 or Bobby Stevens at (404) 679-4943. 5/99 .' ;~;~~~;~~~:;i~"?~'l\;~;;=;;;k~: <".': \' ~2~c,.,,~.:>;j,~~:~:~;~:;~:~"~;;"T(. ~, , ...~a:,:'. 'f 'i~til!;'1~~~~~~:~:'t]iJi~~~j~~~~ : ~~. ~~"..f:'" -;".: .. .~;. \ " .. --'.' :;.~ :~C~~t~~~~~~: .. '.., ~. .~~~~~~~~~~~~. .~_ S;'J'~~b::;'.':'~{~~l ...--;..~;';:-"': .7".t!--1l~;;'. 7'r~'}!_;.~,.: :".i~~t~~~~~ "'::;"1'~"->:"'~~"~; .:l',JJ";::.~ .,:. :..>~t: ; .~~~~~~~":: ~ '<<p.~~~q~~~,*,~~~, , - :! .~?~~~~:4~~2: !~ ,/rf;;k:';irY::;;"e!:~~?'~~:;_~u,,- ~,'Il!~''''i"i.!~'''~~''.'17~; ~!~~.;::~}:"-~.;.~~: ,;~~~i~f.#:lt~~~~ . .:..t. ~i:l:.:~~.:;'~~~:j~~ ~ ~. ~'J:.{~ !' -~~~;4~?~'ili1::;~);~~\~~'t~~> ,. :..,....~~~:':.'~:J;~~ "'f..':.k=~}.:J~'~~J .!....- . . . . ..... .....0 '. ,",".' . .' , .;- t~~T~~9\j;i9N::'-;:;~k_",''':;':~ f~,~~~~s>Ji~~;l,,!fi:e~paym.~~. on th~ Local A:ssisw:ce Grant of "'~e".'!'f''!1'I~~ ~~":"~"''''''''_'''...J~''''',:, >.,'the--"aoove::';referenced grant number. In, making this request I , :.,,,.-;;.,,' '.' '" " !'hereby certify-that the "Scope of the Project" as identified in ~~~~~{#~J~~fijf&.r1~ ~~EXliiPitr;Moy:th~.abo-v:e{referencep:;..S;rant, Agreement number., has.. ;~;;;'~:'~'~~=:"';~::~:t::;' ~:],~~:S~Wpr~~~;t~1:!i~:~~~-'"~~at-an" fundS provided bi.thiS -"''''''''''\':~'~~'''''7'.:." ..< ":' T,'f"". !""gnmt havecoeen sp'ent'ui'atcoicIance With the terms and condinons '::~~::;:~~j~~=;::;~~ f.~~::~~~~~:~=~;~~~:,:~~~~tion stated ~erein is true ':;"', .;:.~)~1Gt~:fj:i~~1 "".,,~'i$.~~~~ -'-~";~~~~~~ . .{;i'~:",=:~:::~~~~~~~ . ,+-q~~!}~~~if:~, :'!!-:~~~;h\:~#~! .::r" t/~;:~:.;fi;:~~1~J ~. - :~:\\q~,..~~?~~ '~f. ':"'::. . . 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WestcAugusta .(jttte J::gague, Inc. 2437 Boxwood Court Augusta, Georgia 30904 (706) 738"'()797 December 6, 1999 - -~' --'To: Lena Bonner ,-Clerk--of- Commission - ---- ~-,-- Augusta Richmond County"Georgia The funds granted through the Local Assistance Grants were expended on the debt incurred in building and lighting two new fields. The money was applied to the debt. ~ 9j/~ Susan E. Kn~h~es~dent ~ i t i' ":~~ .. Grant' No. OO-C-L-476 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 30th day of August 1999.. by and between the Department of Community Mairs 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 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 sald 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-476 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 r~gulations. including but no~ limited to, O.C.G.A. ~45-10-20 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 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 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 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 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; (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. " J . Grant No. OO-C-L-476 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] . - J ' " Grant No. OO-C-L-476 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, X7G~ ~ Mayor~ ." ~ Attachments: Exhibit A. "Scope of Services" FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS By: " ':J "'- "- " ~ .. " .. .. ", Grant No. OO-C-L-476 Page 5 of 5 EXHmIT A The Local Assistance Grant shall be used by Augusta-Richmond 'County to purchase equipment j install lighting at West Augusta Little League. . 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. 7 i" .. " - STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of ~, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgiar 1999, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "Augusta"); and WEST AUGUSTA LITTLE LEAGUE (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 Org'anization, 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 purchase lights for a recreational facility that is open to the public. 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; ~ 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 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 ., - ;- ~/ .; '. . 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 Organiz~tion 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: ec,i\ y : niiJ As IATTEST: WEST AUGUSTA LITTLE LEAGUE ::~AN~N __ . A'" ts r;~ Sworn to and subscribed before me this day of ---r999. Notary Public My Commission Expires: 5