HomeMy WebLinkAboutDepartment of Community Affairs Local Assistance Grant Awards (6)
Augusta Richmond GA
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DOCUMENT TYPE: (ntJI\D rCAndDM
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BOX NUMBER.:
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FILE NUMBER:
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NUMBER OF PAGES:
25
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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
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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)
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Address /1) & P/~f~,1..; Jj)- - Au- r /{1 J 6;1 30 r; 0/
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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.
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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;: .'
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CHECKDATE
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CHECK NO:
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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
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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
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000026481
DISCOUNT
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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
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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
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City:
Telephone: 1;)., Y- - ,357G
State:
Zip:
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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.
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Amhoriud Rqmsmtatitl~
L {~L~ T1JJt' 1'-/,'/JiI _ ~4:s
Name (ple4u print)
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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
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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
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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 . ._..:.. ..-.
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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
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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.
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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]
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Grant No. Ol-C-L-426
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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:
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Attachments: Exhibit A, "Scope of Services"
FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS
By:
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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
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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
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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.