Loading...
HomeMy WebLinkAboutDepartment of Community Affairs Local Assistance Grant Awards (6) Augusta Richmond GA DOCUMENT NAME: 'DLPo.-\~-\-- 0+ COrvcr^Ll(lI~ p-lf'c../'t< LOerA f p.;~i S-ftAn [e OrcAI' ~ R~o.rd5;. DOCUMENT TYPE: (ntJI\D rCAndDM YEAR: d-()O) BOX NUMBER.: I?- FILE NUMBER: J ~Lt OJ / NUMBER OF PAGES: 25 r , J 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 10, 2001 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed are checks from the Georgia Department of Community Affairs in the amount of $1,250 and $9,000, which represents final payment of following grant awards. Please issue Augusta-Richmond County checks to the following Local Assistance Grant recipients: ORGANIZATION GRANT NUMBER GRANT AMOUNT Easter Seals of Georgia 01-C-L651 $ I ,250 Delta Leadership o l-C- L-426 $ 4,000 Augusta Ballet 01-C-L-424 $ 5,000 Please return all checks to me so that they can be forwarded to the appropriate agency. Thank: you for your continued assistance. Enclosu:-es: JUL-13-01 FRI 02~5~ PM LUCY CRAFT LANEY MUSEUM I r P.04 , I Augusta-Richmond County Finance Department Memo To: State Grant Recipient Fror.n:AI Denis, Grants Manager cc: Tammy Strange Dat.~: 06/08/01 ~ Re: Monitoring and Auditing In accordance with grant agreement fl--C-L-~, it is acknowledged that upon request the Recipient agrees to provide the Department with any information, documents and/or photographs that Augusta, the State of Georgia, or any of their departments, agents, or employees (hereinafter collectively "Grantor') deems necHssary 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 Grantor. 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 for financial statements until all expenditures of Agreement funds have been accounted for. The Recipient acknowledges and agrees that any unresolved findings of the Grantor concerning expenditure of project funds, whether based on an audit report, financial statement, project completion report of independent investigation of the Grantor, shall preclude the Recipient from applying for or receiving any further grants or other funds from the Grantor, until such findings are resolved to the satisfaction of the Grantor. WitI1in 90 days of receipt of state funds, the department will contact you and a time will be arranged in which to review documentation of fund usage or a copy of an audited financial statement which includes expenditures of Agreement funds. Name tlvt-w;l.:J / t~~ ~ (2.JfS Telephone No.(Zot) 7~f-' 35"/(., (Please print) , Address /1) & P/~f~,1..; Jj)- - Au- r /{1 J 6;1 30 r; 0/ . Page 1 f , AUGUSTA-RICHMOND COUNTY COMMISSION 057474 DESCRIPTION P.O. NUMBER INVOICE NUMBER INVOICE AMOUNT NET AMOUNT GRAl'JT a1CL426 4,00.0..0.0 0..00. 4,0.0.0..0.0. CHECK NUMBER CHEC< DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 057474 07/13/01 4,000.00 0..00 4,000.00. :/ " , ,';- ~.. .~; o' . ~mmr~fl'll:ti~~:m"){ilCi'1'Y!1i1il11fJ;1:':~~:ifl;.II~,~I~IH''=~lIl1a:l-.'1H:l~IR;;"~~:{~;II:t=a,\..!\\w:~a~:ulr'1:I:t~lbl:tmJlla....1:MI=~'rf'lH:l"~i.lm"hit:l::tiU.d~'J~.l1{ti:I:h'Jlltt.'1 ,:,rn~:"'IIIW ~l]!;rYJ"~~~ AUGUSTA-RICHMOND COUNTY COMMISSION ROOM 105, ACCOUNTING DEPARTMENT 530 GREEN I: STREET AUGUSTA, GEORGIA 30911 PHONE (706) 821-2334 64-137 611 0.57474 AMOUNT;: .' ** *$4, 0.'0.'0.' .Q.q CHECKDATE '07/13/01 CHECK NO: ** * *;, * -k:** * * ** * ** * * * **'* **** * * * * *.* *-** * ** *** ** * *. * *$4, 0.0. o..ANJ)NOCENTS . I , ~,' , ' . .' , ' ".. ' . , VOID AFTER-90 DAYS PAY TO THE ORDER OF 7557=_ DELTA LEADERSHIP 100YvYlt:. 03. tU~'c;'~ " ASSISTANT COMPTROLLER I \. REGIONS BANK OF GEORGIAI .' AUGUSTA, GEORGIA 1110 5 7 ~ 7 ~ III I: 0 b ~ ~ 0 ~ j 7 51: b 8 j 0 ~ ~ 8 j q ~ III '.. ... .... "-".....,. ;ctK ~.t?f;, S..r)iT:E oe:h EdRd~A :~~} ~\~;~ ,/~:;. ~EP~RlrME~r'l}F. C~MM~NlL'r.'PA'F."'A.IRS[~':;:>~1 .. .;, ;~:- 60;,EXECU,r:I;VE.P.ARK,.S:OUTH!lNl. E. ,:,:',/,'\;:il, ~'.i';-': "..,. j' ;.; A1.1:LA Nlr-A' , ...G'A:.i 303,2'9.-22.3l1 . ,;.f;"k~;,'; ;C," ";~;k;t. '<},:;];i:;i:~/ 9:U ~~Z~.tt~:. 3~l[:?~' :.""' : ."C~OCk.D~~ '.'. ......;~?~ . .3~~ '-''':?i~~:NO::",+, I':~~~'-: . p",~::,'l\ ;.Pily lo-tha,Q'do"of- AiJGUS,T.o\t-RTCHMOND'; COUN:T'ftl: .::c',/ ..i':;::"j'1~I.-";:;J;.J," '~"\;'::.':'P,; ';.I.i.:"" ,: ~:~ -;.,. : ,S.3~ G.R.~~N~.:..f!~,~~\~' . ;~~~'j~~ ~~..~i~ f~. t~:~{'~ ':~~~"t~/J. Pay Exaclly. N:INE: THOUSAND: . A'NIl''- 00/1 00 Si,******~*,~,*,.** *.n**~,*;';-~;****".':'>:~:i . ":". ' . 'II'~~_ . ~~~:,;r',';~f' -=-~' .~; j.~::~;:- .~:':-::>_." Page 001 OF 001 Vendor No: 0000013727 Vendor Narre: AUGUSTA-RICHMOND COUNTY INVOICE NUMBER 01-C-L-424 01-C-L-426 INVOICE DATE 06/28/2001 06/28/2001 .(:.~ ~ I...,.. STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS A TLANT'A, GA BANK 1100-1000 GROSS AMOUNT 5,000,00 4,000.00 Check No: Check Date: Check Total: 0000048820 06/29/2001 $9,000'. 00 000026482' 000026481 DISCOUNT TAKEN AMOUNT PAID 0.00 0.00 5',000.00 4,000.00 .. -....--........ ~"::--.:',.-.~.~..... ',~~,'...:.:~;.'..',.,;':~'!F.:.:',::..~..,;."..:.,.,'='_'~..:~'~:::~.:.....:.....,.,.~,,'...~,..I.,i~~ ~~tir~ ::=-,-,<C0~ ~~f tf~t{~~~i ..' 'OOO'OOi48820:c C!ieck;No,.. . v.i~Jor Nir.;:':cidaaO:13,72.7' ;~'i::.~-~. . :"?:'':.;ii'~:':,,~.3i'} . $9,000.00 .'. '--..;t~.,- . . . . .,:~' ..< ',. . ."t;:,. (,:'.:,>' /";i.. ~oi~,,""'60'day,,: :f7. ,~sIr H:p';'~~ fit;J ,~~t~ :.i/-.i,; . ~ ,y, WUr:'.:;., ~;~~ r.":r,. .'l~,,;'~'~:l11ik "n~ *~~0,r!t\ . ". . . ,~,'._.' ~""'" ,. ~.t.r,.','.L ,,~',?' i,J~,' ;o,."-.,J'.',I: 0'. ,.Q~. -- ~'~il....:"~"i'"""~~"":,,;.,.,,,,,.(j-- .' T ~."'" i:I"'" ~ ;;'~~ '',-4'.,~, -, ,r ~ '\-'~.. .: .;; C":'I.~'" ...::'; . to. "~ 1'w--cJEt~kW . .!. - . , ''''('''J~:;'':' ',.j(,l ~~."1~., . - , .. ~~(' .!_;,~.' \.1..... I~.....~-::..... .~t' Q;iJ.l'.f~'~ ..'.--:_lr.rr.~iU't'~"'~'''''~~'''~''~.J:t';''~~r.:t'~~~~'~.1~~~~,__,"I[.,.olr'.~~~.~~~ .r.: .,. WACHQV IA. BANK:' ":":..~.:..:.~...--::.;::.~.~::;..W"t: '.............-:.,~'~'1fe.. 11100000 ~88 20111 ':0 b .0000 .0.: O? O.? ~b Sill . GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER July 3, 2001 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is a check in the amount of $9,000 representing the final payment under the following Local Assistance Grants: Grant No. 01-C-L-424 Grant No. 01-C-L-426 $5,000 $4,000 If you have any questions, please call Bobby Stevens at (404) 679-4943. Sincerely, q~ 1J,Jd-AA Jim Higdon Commissioner JH/ja Enclosure Roy E. Barnes GOVERNOR EQUAL HOUSING ~ OPPORTUNITY L.:.J 60 Executive Park South, N.E. · Atlanta, Georgia 30329.2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper ... 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 shall mak! grants to eligible recipients or qualified local governments, w,;ich grants are specifUd by amount, recipient, and purpose in an appropriation to the department" 1. Recipient identified by the General .Assembly in Appropriations Act: Ric11mond County 2. Amount appropriated by Gene~ Assembly: $16.000 3. Purpose of the Local Assistance Grant as specified by the General .Assembly in the Appropriations Act: Contract for services with the Delta Leadership Training Program in Richmond County 4. Information Required by the Department of Community Affairs for Award: a. Please provide a detailed description of the project, location, type of work to be initiated, and for what purposes the funds awarded through this grant would be used. Attach additional pages if necessary. ~ -/beT' AC~-;t) b. Please provide a budget for the proposed project, listing all revenues and expenditures. Project Revenues Project Expenditures Local Assistance Grant $16 .000 Local GOV[. Other Total $16.000 c. Provide expected project start up and project completion dates: - - --- Ee[.innin! Dau Completion Dau ;. 5. Contact Information: Please provide the following contact information for the grant. Name: /h'1--L...~..l:-~J /)V_U,l.--1 ,,8di~ Address: / / / ~ P!1...-~L.-<--p-03 ,4--Z,--'-"-r k~;PbV::> La- / --.: It u / City: Telephone: 1;)., Y- - ,357G State: Zip: ! C / I r-n c.J--<-- "'- WI /J<Z t?i;' ~~L...,j-<--- Facsimile: '1:? 1 - "3 ':S 7 c:, E-mail: Name: Address: City: State: Zip: Telephone: Facsimile: E-mail: 6. Certification r. me unders' ed aumorized representacive of me local government described in this application, certify mat to me best of w~e ,e, me information in chis application is true and correct and me Local Assistance Grant subject to chis tPpl' cion ,. I geJ ed for me p es outlined above. I further certify the local government described in chis a~ii . , a:ij. hq . . te power a authority to expend funds for me purposes set forth herein. '/ / lA.._ \ ~~, orlze slgna ure ay r ''} " > 1/ \', ' ,. ~LU.:.L1.7.,,,,-: ))iLUG) - ,::;:I...JS ...:L H 7/"''"'/' _,' _~L---'~; 'J Dau Amhoriud Rqmsmtatitl~ L {~L~ T1JJt' 1'-/,'/JiI _ ~4:s Name (ple4u print) ~~J#- TItle For additional informacion or assistance, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, GA 30329-2231 www.dca.state.ga.us 6/00 i .~~ I' . \ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 I DELTA LEADERSIIIP TRAINING PROGRAM ~:NT: LA GRANT AGREEMENT NUMBER:OI-C-L-426 LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT GENERAL INSTRUCTIONS: This form is to be completed once you have fulfilled the scope of work as outlined in your grant agreement. Be sure to indicate the name of the Local Assistance Grant (LAG) recipient and the LAG grant number at the top of this form. The grant recipient is the entity that appears in the grant agreement and the grant number appears in the upper left-hand corner of the grant agreement. The certification statement below must be signed by the Chief Elected Official or by someone who is officially authorized to sign on the recipient's behalf. Please return the form to the above listed address. If you have any questions, please contact Bobby Stevens at (404) 679-4943 or Amy Hill at (404) 679-3154. CERTIFICATION: Authoriz ed Si arure 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. L<- ~ Name and Title Bob Young, Mayor Date AUG-16-0a WED 03}25 PM LUCY CRAFT LANEY MUSEUM , . I P.02 Delta House, Inc.lCSRA Classic Youth Leadership Program 1116 PHILLIPS STREET'" AUGUSTA, GA 30901 "'706.724.3576 Voice/Fax 4. INFORMA TlON REQUIRED BY THE DEPARTMENT OF COMMUNITY AFFAIRS FOR AWARD: a. Please provide a detailed des.cription of the project, location, type of work to be initiated, and for what purposes the funds awarded through this grant would be used. Attach additional pages if necessary The mission of the Delta House, Inc./CSRA Classic Youth Leadership Program is to develop leader ship skills for youth between the ages of 13 and 17. Programs for this project are held at the Lucy Craft Laney Museum, however, if attendance exceeds the capacity of the Museum's conference room programs are held at the Lucy Laney High School or BL's Restaurant. This program is designed to develop the leadership skills of young people between the ages of 13-18. Monthly activities include workshops on Leadership Development Skills, International Affair,), Finance, Politics, Careers, and Etiquette. Participants visit the Capitol and at least one CollegelUniversityannually. This program focuses on volunteerism and involvement in community projects, such as, Habitat, Kids Fest, and March of Dimes. Participants are also given tutOI:ial assistance for the SAT and other standardized tests on an as need basis. Each participant is awarded a $500.00 scholarship after completing high school and enrolling in college. The Youth Leadership Executive Board consists of 14 young professional men and women between the ages of21 and 30 and one advisor. _ ___ _ ....._00 . ._..:.. ..-. ~:~~ f.... .......<9 ~I \0 ,- . r lIt_ GEORGIA DEPARTlVIENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 12,2000 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $16,000 in Local Assistance Grant funds for Richmond County has been included in the Amended Fis'.:a! Year 2001 State Budge~. A b!ief descnptioTI of the purpose for the grant is included on the enclosed application form To begin the paperwork . necessary to receive this grant, please complete in detail the attached application foml and return it to my offIce. Once we have received and approved the application, we will fC)\'V,iRrd a ccntract to you. ,Ve are delighted to assist you with your commumty de.velopment activities. If YOll have questions, please contac: Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Thank yau. Sincerely, ~ tl ,~dlQn J. R. d C 1m l.g on Commissioner JH: bsa Enclosure EQUAL HOUSING .....::::-... OPPORTUNITY L:.J 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 . l404) 679.4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper AUGUSTA-RICHl\10ND COUNTY COMMISSION BOB YOm~G Mayor JAMES B. WALL CITY ATTORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821.2488 Fax No. (706) 722-5984 E-Mail: Jwall@co.richmond.ga.us LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM ANDY CHEEK RICHARD L. COLCLOUGH WILLIAM B. KUHLKE, JR. STEPHEN E. SHEPARD MARION WILLIAMS CHARLES R. OLIVER, P E, CPA Admlnlstrator WM. "WILLIE" H. MAYS, m Mayor Pro Tern MEMORANDUM To: Delta Leadership Training From: James B. Wall Date: July 26, 2000 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 addressing two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, 1 have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for you; organization being eligible for the grant funds. 1 have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies of the contract in order that they may be returned to me. Further, if you should have any questions concerning either the scope of services or the certification, please call me. ... STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ay of ~~ 2000, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "Augusta"); and DELTA LEADERSHIP TRAINING 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 Organizat:ion accepts, the sum of $16,000.00 (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 Organizat.ion agrees to perform the following services, which Augusta has determined renders a substantial benefit to its citizens, to wit: To provide programs for the disadvantaged, thereby promoting public health and safety. 1 .~ I ' Augusta has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authori;,ed by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: ~ Police and fire protection; o Garbage and solid waste collection and disposal; o Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; o Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; o Parks, recreational areas, programs, and facilities; o Storm water and sewage collection and disposal systems; o Development, storage, treatment, purification, and distribution of water; o Public housing; o Public transportation; C 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 acknowle~ges 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 I 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. Fu~ther the Organization acknowledges that all records relating to this Agreement dnd 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 organiza-:ion," with "a connon system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organiz3.tion," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a connunity or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.J Augusta may not contract for services with any entity o=ganized 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 paragrap~l 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. ~ [f' As its ATTEST: Sworn to and subscribed before me this day of ---;2000. Notary Public My Commi~;sion Expires: 5 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR September 1, 2000 Honorable Bob Young Mayor of Augusta 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: The attached contract when executed commits state funds in the amount of $16,000 to Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contact. Should this grallt fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning the two copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. The Department of Community Affairs is pleased to assist you and the General Assembly in the administration of this grant. If you have any questions, please feel free to call me or either Amy Hill at 404.679.3154 or Bobby Stevens at 404.679.4943. SinC~'e1Y'~ ~don Commissioner RECEIVED JHJcm Enclosure cc: Richmond County Legislative Delegation SEP 05 2000 Mayor's :..;1 iii.;c Augusta-Richmond County EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679.4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper ( .' .. Grant No. Ol-C-L-426 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS TH][S AGREEMENT entered into this 28th day of August 2000, by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and Richmond County. a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient"l. WHEREAS. the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; and WHEREAS. the Department is authorized by the provisions of O.C.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS. the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend funds for the purposes set forth herein; NOW. THEREFORE, in consideration of the mutual covenants and warranties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. the parties agree and covenant as follows: 1. Scope of Project. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts, an amount not to exceed $16.000 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: $12,000 Within ten days of the Department's receipt of the executed Agreement. $4.000 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $16.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. Ji,;- Grant No. 01-C-L-426 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials, agents and employees of the Recipient' have not violated any applicable federal, state or local conflict of interest laws, ordinances, rules or regulations, including but not limited to. O.C.G.A. 945-10-20 through ~45-10-28 and O.C.G.A. 936-67A(l) through 936-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally, the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Lel!ally 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 conceming 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 An::lOtated. 9. No Agency or Partnership. Nothing herein nor any actions of the parties hereto or their agents or employees shall create any agency relationship, partnership or joint venture. between the Department and the Recipient. The Department is not an agent or representative of the Recipient and the Recipient is not an agent or representative of the Department. The Recipient shall be solely responsible for performing any and all obligations under this Agreement. 10. Termination. The Department may terminate this Agreement. with or without cause. upon five business days written notice to the Recipient. If at the time of termination, any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. II. Satisfaction. In the event the Department determines, in its sole discretion. that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (Hi) has acted in any way contrary to the purposes for which the grant. was awarded; or (iv) has violated any federal, state or local law, ordinance or regulation. the Recipient shall be required to retum to the Department all funds disbursed under this Agreement. upon request. ,.) Grant No. 01-C-L-426 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 Edi1Jon 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 Edi1ion 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 be'tween 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 agreec to said modification in writing. (Executions on following page] .- .' ., Grant No. Ol-C-L-426 l ' 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: ( wY~ Attachments: Exhibit A, "Scope of Services" FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS By: , ... " j < " Grant No. Ol-C-L-426 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used Richmond County to contract for services with the Delta Leadership Training Program in Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. · To illustrate, suppose the appropriation is for a grant for renovating the facility of an historicc.l 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 historiccJ 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 ollie State from asserting noncompliance. STAT.E'Of GEORGIA GRANT CERTIFIC1-TION 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 tbe annual audit report. Questions concerning the preparation and submis:;ion of this form should be referred to Local Government Audit Section of the Georgia Department of Audits and Accounts. Instructions for Completion 1. Complet':: lines A through K on page 2 of this form. Please note that one form should be used for llih 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 Govemrr:ent 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 vV'ashington 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 accordanee 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 ac:countant 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 govenunent's documentation of expenditures. The purpose of these procedures is to comply with the provisions of House Bill 1364 requiring certificati,on 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 perfonn an audit or pl::rform 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 CP A 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 fonn 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 Govemme:nt Audit Section, at the address listed above; telephone (404) 651-5115; fax (404) 651- 5608; or e-mail blahaef@mai1.audits.state.ga.us .' . S'fAtE OF GEORGIA GRANT CERTIFICA'LION FORM . . A Local Government B . Inforrnation For Year Ended I , C State Awarding Agency , D Grant Identification Number E Grant Title F Grant Award Date G Grant Amount H Balanc:e - Prior Year (Cash or Accrued or Deferred Revenue) I Grant Receipts or Revenue Reco g:rized J Grant Disbursements or Expenditures K Balance - Current Year (Cash or Accmed or Deferred Revenue) (Line H + Line I - Line 1) Certification of Local Government Officials I have reviewed the infonnation 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 !' . ,: . ... . I, 4! It " 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 exa:nination 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 circwnstances. We believe that our examination provide~, a reasonable basis for our opinion. Our examination does not provide a legal determination on [name ofgovernment]'s compliance with the specified requirement. In our opinion, management's assertion that [name of government] complied with the aforementioned requirement for the fiscal year ended [date] is fairly stated, in all material respects.