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HomeMy WebLinkAboutDepartment Of Community Affairs Local Assistance Grant Awards (3) Augusta Richmond GA DOCUMENT NAME:be:.-pa.fbv\cn-l O~ CDi'('II'Y\u..h I~ A~f'l :("')1 Loc\A\ Assl::Str~("\c.<:. (l rcq'"\t A <.-0a.rd:s DOCUMENT TYPE: ~/\ C~ 0 YC\r1d t.tIY, YEAR: 02- BOX NUMBER: 17 FILE NUMBER: I ~ ?-{ 03 NUMBER OF PAGES: 6 ", " , ~:.. ., ~ 3--C:'--L--'l5o.3 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR October 15, 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 $5,000 as payment for Local Assistance Grant #03-C-L-883 to Augusta-Richmond County. Also enclosed is a copy of the executed contract for your files. Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Depmtment of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Bobby Stevens at (404) 679-4943. Sincerely, ~9~ Laura J. Meadows Commissioner LJM/ja Enclosures EaUAL HOUSING ~ OPPORTUNITY L.:.J 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 . (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper \, ~~ ; " Office of The Clerk of Commission Lena J. Bonner, CMC ,Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J., Bonner, Clerk of Commission DATE: October 17, 2002 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed is a check in the amount of $5,000 from the Department of Community Affairs, which represents total payment of Augusta-Richmond County Belle-Terrace and May Park Community Centers FY 2003 grant award under contract nO.03-C-L-883. Should you have any questions or need any additional information, please feel free to call. ' Enclosure: C_c.:_M!:,iQIIl..-B..eck...Director of Augusta Recreation t~ ~ ::~;':t';;::t\:f::;:~>"~;fATEOF (iEORGIA:<': .'~:'~" ;". , '. .,'.', ';~~;,;::", . i ~:~~or~~:1 O~Oggti13727 OEP,AR~MENT, ~I',: COMMUN[T.Y,:A~FA,IRS~ '. "ctieckDate:: \, - '.. 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'. ...;:'A''l';LAN:T''A1,' G'A'i:30329- 223,1[' .... c. ,~~;~:~,,~.~;;"~~~~~;!:~t!:~O ~'~~~~t;..':X~;#i~1@': . ...~~;,x~;~;'7.t ....~ i~ ..,.::t\. ""; .~ $5 .000 . 00 "~~ :! ,~::i~7~~""1 "'....~,.:rf.:;.~~ ,,'.~~rT . " ..,,) ~,~~\',J'J~;""I~~~~\li~L&YX1'~'.Ir~'.!l::r.;'irt"..~. \,,"",~'1'!1f.,':11JI~t~'I!l!.!:\!';ll',n W:l~ .:....,'" . .~.'~:'.:,~;~.:.,;~~~T.,,~':. .::;,,;~{\,., ." ~" -..' .-......-. "'''1''<:' . - ~",:j~:~{~~:.&i;-. . e, = (. ~t~;;j~~j~h~~0;J(Li 11-000005 g '( ~ gll- .:0 b ~OOOO ~Ol: 0'( 0 ~ '( L.b 5 II- IV' .... ,. " '\ . i. " .-:; ! ' Grant No. 03-C-L-883 Page 1 of 5 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 1st day of July. 2002, 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. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend funds for the purposes set forth herein; - NOW, THEREFORE, in consideration of the mutual covenants and warranties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree and covenant as follows: 1. Scope of Pro1ect. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts, an amount not to exceed $5,000 to be used solely for the piJrposes 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: $5,000 Within twe.nty days of the Department's receipt of the executed Agreement. $5,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. 'J '. . i., Grant No. 03-C-L-883 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials, agents and employees of the Recipient have not violated any applicable federal. state or local conflict of interest laws. ordinances. rules or regulations, including but not limited to, a.c.G.A. ~45-10-20 through 945-10-28 and a.c.G.A. 936~67A-l through 936-67A-6 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 a. Monitoring and Auditing. Upon request, the Recipient agrees to provide the Department with any information. documents' and/or photographs the Department deems necessary to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate books. records and accounts reflecting its administration of Agreement funds and compliance with all applicable laws. Such documentation shall be retained for at least three years from the completion of said project and shall be made available to the Department upon request. The Recipient further agrees that an accounting of these funds shall be included in the next regularly scheduled audit or financial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient acknowledges and agrees that any unresolved findings of the Department concerning expenditure of project funds, whether based on an audit report, financial statement, project completion report or independent investigation of the Department. shall preclude the Recipient from applying for or receiving any further grants or other funds from the Department, until such findings are resolved to the satisfaction of the Department. 7 b. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of a.c.G.A. 1336-81-8.1 with' respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply with the requirements of a.c.G.A. ~36-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 8. Open Meetings., The Recipient certifies that in approving this Agreement, it has' complied with all the ~pen 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. Grant No. 03-C-L-883 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to 'complete all or a portion of the actions required under the Agreement; (iii) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal. state or local law, ordinance or regulation, the Recipient shall be required to retum, to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. I, Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted , neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattem of importance ih the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grarit 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 rnay be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise, other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. , [Executions on following page] ,. " ;' Grant No. 03-C-L-883 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: Federal Employers ID Number: 6~ - t9,;J tJ'?'')7i ~ Attachments: Exhibit A, "Scope of Services" FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS . . . Grant No. 03-C-L-883 Page 5 of 5 EXHIBIT A , ' The Local Assistance Grant shall be used by Augusta-Richmond County for summer children's programs at Belle-Terrace Community Center and May Park Community Center in Augusta-Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity. such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a Substantial benefit: . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant fOF 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.