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Home My WebLink AboutDepartment of Community Affairs Local Assistance Grant Awards (5) Augusta Richmond GA DOCUMENT NAME: D-e \-' CA..r -+~'" + ~ CO"", """''0'(1 ,\- 'J A-fPc... i ~ ~OU- ( A-s ~ " '5 +u nee. G vO- (\ + At.JCA v-d ~ DOCUMENT TYPE: rne.-.M Or CA.n d u 1"1-1 YEAR: J--C)(X) BOX NUMBER: {'2- FILE NUMBER: /9-117 NUMBER OF PAGES: ;22 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: July 27,2000 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed. is a check in the amount of $12,500 from the Department of Community Affairs. Please issue Augusta-Richmond County checks to the following Local Assistance Grant recipients: ~ c= GANIZA TION GRANT NUMBER GRANT AMOUNT ansitional Center, Inc. 00-C-L-413 $10,000 Easter Seals 00-C-L-560 $2,500 These awards represent final payment of the total grant award for each recipient. Should you have any questions or need any additional information, please feel free to call. Thank you for your continued assistance. Enclosur.;:: Check Page 001 OF 00 t Vendor No: 00001)13727 Vendor Name: AUGU~) T A -R ICHMOND COUNTY STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS ATlANTA, GA BANK 1100-1000 Check No: Check Date: Check Total: 0000039746 07/21/2000 $12,500.00 INVOICE NUMBER I AMOUNT PAID 10,000.00 2,500.00 0719001000000 072000250000 ., , I I I ..'whO..... I INri'f~E I VOUI~HER I 07/19/2000 000013524 07/20/2000 000013615 GROSS AMOUNT 10,000.00 2,500.00 I STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 EXECUTIVE PARK SOUTH N.E. ATLANTA, GA' 30329-2231 . 07/21/2000 Check bate. AUGUSTA-RICHMOND COUNTY 530 GREENE STREET PayExactly TIIELVE THOUSAND 'FIVE HUNDRED AND 00/100 S u*n************ I ",eHOVIA BAHK 9tM~ II-oooo[] 3 g ?... bU- 1:0 b .0000 .01: O? D.? ... b 511- DISCOUNT TAKEN 0.00 0.00 64-1/610 0000039746 Check No V..ndorNo: 0000013727 $12,500.00 Void atter 60 <laya GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdnn COMMISSIONER Roy E. Barnes GOVERNOR July 25, 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 $12,500 representing the final payment under the following Local Assistance Grants: Grant No. 00-C-L-413 Grant No. 00-C-L-560 $ 10,000 $ 2,500 If you have any questions, please call Amy Hill at (404) 679-3154. Sincerely, ~don Commissioner JIDcm Enclost:~re RECEIVED ~"JL 2 7 2000 Mayor's U.,::, Augusta-Richmona GOdnty 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 Application for Local Assistance Grant Local Assiseance: Grants are: made: pursuane (0 a.e.G.A. ~50-8-8(a) which provides in pe:Hine:m pare: "The department shall maJu grants to eligible recipients or qualified local governments, which grants are specified by am~unt, recipient, and purpose in an appropriation to the department" 1. Recipiem idc:ncifie:d by che General Assembly in Appropriacions Ace: Richmond County 2. Amoum appropriace:d by General Assembly: $40,000 3. Purpose of che Local Assiscance: Granc as specified by che General Assembly in che Appropriacions Ace: Operation of the CSRA Transitional Center in Richmond County 4. Informacion Required by che Department of Community Affairs for Award: a. Please prcvide a derailed description of me project, locacion, type of work eo be initiaced, and for whae purposes che funds awarded chrough chis granc would be used. Attach addicion~ pages if necessary. Forty children will be served in this diversion program for youth. Most of the referrals will come from Juvenile Court. Services include group/individual/family counseling, academic tutoring, restitution and long-term followup (see attached grant proposal). b. PIe:LSe provide a budgec for che proposed projecr, listing all revenues and expendicures. Project Revenues Project Expenditures Local f.ssisrmce Granr $ 4 0 . 000 . 00 Local GoV!. Ocher Total c. Provide expecre:d projecr scarr up and projecr completion daces: -D..1 - _JU - ~ BTn1rinl Dau JL6.... - 3JL - -DJl Compurion Dau , , 5. Concact Informacion: Please provide: che following concact informacion for che granc. Name: Dr. Charles Bartholomew, Director Address: CSRA Transitional Center, Inc. 1345 Druid Park Avenue Ciry: Augusta Telephone: 706 - 7 38- 5 0 6 0 Facsimile: Scace: GA Zip: 30904 706-736-4124 E-mail: CSRATC@MCIWORLD.COM Name: Address: Ciry: Srare: Zip: Telephone: Facsimile: E-mail: G. Certification I. che undersigned aumorized represenracive of me local government described in chis application. certifY char co the besr of my knowledge. che informacion in chis applicacion is aue and correa and me Local Assisrance Gram subject co chis lca 'on will be used for t)1e purposes outlined above. I further certifY me local government described in chis a h requisite: p er and authoriry co expend funds for the purposes set forth herein. ~~ 07 - 14 _ 99 Amhoriud &p=mra:iru Dau ~h~rlps R~rth~lnmew, Ph.D. Nam~ (Plc:u priTlt) Director 7i:~ For additional informacion or assistance. ple:lSe concact Amy Thompson at (404) 679-3154 or Bobby Scevens ar (404) 679-4943. 5/99 . . , . 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 August I, 2000 Dr. Charles Bartholomew, Director CSRA Transitional Center, Inc. 1345 Druid Park Avenue Augusta, Georgia 30901-2570 Dear Dr. Bartholomew: Enclosed is a check in the amount of $10,000 representing final payment of your FY2000 State of Georgia appropriations through the Georgia Department of Community Affairs Local Assistarcce Grant Program. If! can be of further assistance, please feel free to call. ;;;~~ Lena 1. Bonner, Clerk of Commission '\ Enclosure: AuthOri:7f:l;k up Ms. Lesheba Anderson Date i7 / () ---.-- , . AUGUSTA-RICHMOND COUNTY COMMISSION \ 034954 DESCRIPTION P.O. NUMBER . INVOICE NUMBER INVOICE AMOUNT NET AMOUNT bRANT 00CL413 10,000.00 0.00 10,000.00 - O' - CHECK NUMBER CHEC:< DATE __ TOTAL INVOICES DISC TOTAL CHECK TOTAL 034954 o 7 / 2/13 / 0 0 10,000.00 0.00 10,000.00 ...,.........II.n.... ~'II....hl...."...a_.........,_....., _........_...w... .....,.U."._...........~..~.~_.. ..,.._ AUGUSTA-RICHMOND COUNTY COMMISSION ROOM 105, ACCOUNTING DEPARTMENT 530 GREEN!: STREET AUGUSTA, GEORGIA 30911 . PHDNE:/7061821-2334 S4-137 611 ,CHi:CK, DAte CHECK NO. AMOUNT '0.712 a/oo 034954c **$10,000.00 ** **" **_*-* **** **j< *-**** **7***** *.* * * * * * * * *** ****** $10, OOOANDNOCENTS . .' 'C- " . . ." . f'!'. VOID AFTER 90 DAYS PAY TOTHE ORDER OF T01033 CSRA TRANSITIONAL CENTER - . . AOOYVYltA s6Y.' W~L.((;;'~ ASStSTANT COMPTROLLER REGIONS BANK OF GEORGIA AUGUSTA, GEORGIA II' 0 3 L. g 5 L. II' I: 0 b ~ ~ 0 ~ j 7 5 I: b a 3 0 ~ L. a j g L. II' '( , . ... OFFICE OF THE MAYOR .;, BUB ~UU.NG, MA~U!{ ROOM 806, MUNICIPAL BUILDING 530 GREENE STREET, AUGUSTA, GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us June 21, 2000 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: E ORGANIZA nON CSRA Transitional Center, Inc. GRANT NUMBER OO-C-L-413 Thank you for your continued assistance in the administration of Augusta's grant awards. 0.,0", , , , V t;fy tr.(ijy yours, ! (, I I 'tt' J! ~~' .< L/ : /,,' -7 [L ( .... c/ I /\ Bob Youn~, Mayoru Enclosures \ ~ , . "", ... GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. · Adanta, Georgia 30329-2231 r-:::A TranS1tiona1 Center ~PIENT: LA GRANT AGREEMENT NUMBER: OO-C-L-413 LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT GENERAL INSTRUCTIONS: CERTIFICATION: Authorized Si ature Bob Young, Kayar Nam(~ 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 comer of the grimt agreement. The certification statement below must be signed by the Chief Elected Official or by someone who is officially authorized to sign on the recipient's behalf. Please return the form to the above listed address. If you have any questions, please contact Bobby Stevens at (404) 679-4943 or Amy Thompson at (404) 679-3154. This is to request final payment on the Local Assistance Grant of the above referenced grant number. In making this request, I hereby certify that the "Scope of the Project" as identified in Exhibit A of the above referenced Grant .A.greement 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 aCCUr:l.te. ~ it Date ." CSM. . ., TRANSITIONAL CE'NTER, INC. 1345 DRUID PARK A VENUE AUGUSTA, GEORGIA 30904 Rei'. Hardy S. Bennings, JI'. President Dr. Charks Bartholomew Exerotive Director Mr. Eugene Clark Dq:lartment of Juven ile Just ice Dr. Venrw Curtis RC School System Mrs. Carol Roundtree RC School System, Guidanl;e Dr. V. Evans-Jones Paine College Mrs. Judy Heath Dq:lartmen1 Juvenile JustiC(: Mr. Andrew Jefferson RC Board Member' Mrs. Jan Munn Community Advocate Lt. Phillip Stacey Medical College. of Georgi~ Police Ms. Yvetla Terrell Department of Juvenile Justice Mr. Carl Thorton Medical College of Georgia Mrs. Helen Jenkins Commwlity Advocate Mr. Leon Larke Attorney Ms. Stella Sullivan Juvenile Court PHONE (706) 738-5060 FAX (706) 738-4124 June 16, 2000 Ms. Lena J. BonneF Clerk of Commission's Office Municipal Bllilrline R~ 806 530 Greene Street Augusta, Georgia30911 RE: DCA Grant-Operating Expenses Dear Ms. Bo~er, As of this writing,.Jl5:referrals..have:-been..reeeived b)L this ceateE~d 56 children have been served in our diversion program (as you will recall, we planned to only serveAO childrea.this:.year}c We.. weuld like.tfrJe.ijuest the balance ($10,000.00) of our money. Please let us know what is I needed to do This. Thank very much! Sincerely, c..........~ . ~ ~ ~ -....~ \. ~ .. ~ -:."'~ \ . Charles Bartholomew, Ph.D. Director The mission of the CSRA TC is to provide advocacy, education and treatment for high-risk youth in their struggle to become caring, responsible, and contributing aOOks in our sociay GEORGIA DEPARTMENT OF COMMUNITY AFFAIR RECEIVED AUG 3 0 1999 (AUGUSTA-RICHMOND COIJIm' COMMISSlOflJ Jim Higdon COMMISSIO:'ffiR Roy E. Barnes GOVERNOR August 27, 1999 Honorable Bob Young, Mayor Augusta-Richmond County 530 Grel~ne Street Augusta, Georgia 30911 Dear Mayor Young: The attached contract when executed commits state funds 111 the amount of $40,000 for the operation of the CSRA Transitional Center. I Dust call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contact. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning two copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. The Department of Community Affairs is pleased to assist the General Assembly and Augusta- Richmond County in the administration of this grant. If you have any questions, please feel free to call me or either Amy Thompson at 404.679.3154 or Bobby Stevens at 404.679.4943. CS:~(r Jim Higdon Conmlissioner JH/ja Enclosure cc: Richmond County Legislative Delegation ~; t-L-tf!3 EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679.4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY A TIORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No, (706) 722-5984 E-Mail: JWal1@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, UI J. B. POWELL STEPHEN E. SHEPARD LEE BEARD Mayor Pro Ten! CHARLES R, OLIVER, P E, CPA Adminislrator MEMORANDUM To: CSRA Transitional Center, Inc. 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 fonn of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose b~:nefit 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 reje:;t the earlier contract because it does not clearly show the scope of services as being in aid of a lawful aGtivity 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. .t. Grant No. OO-C-L-413 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 26th day of August 1999. by and between the Department of Community Mfairs of the State of Georgia (hereinafter referred to as the "Department") and Richmond County, a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient") . WHEREAS. the State of Georgia desires to promote the health and welfare of its citizens; and WHE:REAS. 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 WHElREAS. 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 fundi3 for the purposes set forth herein; NOW. THEREFORE. in consideration of the mutual covenants and warranties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. the parties agree and covenant as follows: 1. Scope of Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts. an amount not to exceed $40.000 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: $30,000 Within ten days of the Department's receipt of the executed Agreement. $10,000 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $40,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. .,. Grant No. OO-c..L-413 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials. agents and employees of the Recipient have not violated any applicable federal. state or local conflict of interest laws. ordinances, rules or regulations, including but not limited to. O.C.G.A. ~45-10-20 through ~45..10-28 and O.C.G.A. ~36-67A(l) through ~36-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally. the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Le~a11v Bindin~ Act. The Recipient certifies that it is duly organized, validly existing and in good standing under the laws of the State of Georgia; that it has all the requisite power and authority to enter into this Agreement and to assume the responsibilities herein including the expenditure of funds; and that all necessary actions have been and will be taken in conformance with all applicable laws to make this Agreement and actions hereunder valid, enforceable and legally binding acts of the Recipient. 7. Monitorin~ and Auditin~. Upon request. the Recipient agrees to provide the Department with any information. documents and/or photographs the Department deems necessary to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate books, records and accounts reflecting its administration of Agreement funds and compliance with all applicable laws. Such documentation shall be retained for at least three years from the completion of said project and shall be made available to the Department upon request. The Recipient further agrees that em accounting of these funds shall be included in the next regularly scheduled audit or financial st2.tement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient acknowledges and agrees that any unresolved findings of the Department concerning expenditure of project funds. whether based on an audit report. financial statement. project completion report or independent investigation of the Department. shall preclude the Recipient from applying for or receiving any further grants or other funds from the Department. until such findings are resolved to the satisfaction of the Department. 8. Open Meetings. The Recipient certifies that in approving this Agreement. it has complied with all the open meeting requirements of Chapter 14 of Title 50 of the OffiCial Code of Georgia Annotated. 9. No A.l!encv or Partnership. Nothing herein nor any actions of the parties hereto or their agents or employees shall create any agency relationship. partnership or joint venture. between the Department and the Recipient. The Department is not an agent or representative of the Recipient and the Recipien': is not an agent or representative of the Department. The Recipient shall be solely responsible fi)r 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 disbuf:3ed under this Agreement. upon request. .,. Grant No. OO-C-L-413 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 ConsUution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any cburch, 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 seIVices by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salva.tion 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 seIVices with any entity organized out of belief in God' or other supernatural beings. It is a "comprehensive signification.' 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it. and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Mreement. This Agreement constitutes the entire agreement among and between the :?arties. There are no representations, oral or otherwise, other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in WIiting. [Executions on following page] . .., Grant No. OO-C-L-413 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first wtitten above. ( By: cf~ FOR THE DEPARTMENT OF COMMUNITY AFFAIRS By: y1...--" Attachments: Exhibit A. ~Scope of Services" . ~- /.'. Grant No. OO-C-L-413 Page 5 of 5 EXHIBIT A The Local A:,sistance Grant shall be used by Richmond County for operation of the CSRA Transitional Center 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 Recipiem with a substantial benefit. . To illustrate. suppose the appropriation is for a grant for renovating the facility of an historica, society. An appropriate implementation might be a contract for services in which the histo:rical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. . 't-' . STATE OF GEORGIA RICHMON[I 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 CSRA TRANSITIONAL CENTER, INC. (hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of Community Affairs and to Augusta a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, Augusta deems the services to be provided by the Organization as essential and necessary for the citizens of Augusta and acknowledges that the Organization can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: 1. Augusta agrees to appropriate to the Organization, and the Organization accepts, the sum of $40,000.00 (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 determin,=d renders a substantial benefit to its citizens, to wit: To provide a diversio:1l program for youth, most of whom are referrals from Juvenile Court, 1 ~ thereby improving public safety. Augusta has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: [~ Police and fire protection; o Garbage and solid waste collection and disposal; o Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; o Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; ~ Parks, recreational areas, programs, and facilities; C Storm water and sewage collection and disposal systems; o Development, storage, treatment, purification, and distribution of water; o Public housing; o Public transportation; 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 2 . ., , ;I 'I 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 Or<;'anization 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 Organiza':ion. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 50-14-1, et seq.) if the Organization receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). Organization shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 3 " . s ., '. 7. Organization certifies that it is a tax exempt entity under ~ 501(c) of the Internal Revenue Code. 8. Organization acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. .The Constitution provides in Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of LaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982) . "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organizat:ion," with "a corrunon system of faith," "holding sentiments or doctrines" which distinguish it. "Insti tution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant: recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.J Augusta may not contract for services with any entity o::ganized out of belief in God or other supernatural beings. 4 ~ ,f - .-.(it ,.' .. 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. CSRA TRA:IJSITIONAL CENTER, INC. ORGANIZATION By: c....~,_ ~~"...-.::.~" As It.s -=:~ ~I~i;fj~:t/.i.~.~P~ SworD to and subsc~ibed ~..Ot~iS ~JS~9~;Y of ;,:-=. A.lt~ N f<!ry 11 1 c ;.ry"tomt~ sion Expires: ~-11.2000 ~ 5