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HomeMy WebLinkAboutLocal Assistance Grant Augusta Richmond GA DOCUMENT NAME: Lo:::-C\ \ . A0Cj ( ~Qh C-c. q Van 1-- DOCUMENT TYPE: YEAR: 1[;00 BOX NUMBER: q FILE NUMBER: / 41 gO NUMBER OF PAGES: 3,J~~ ' 'I \- I- ,-./-: 3=? 1 FI , Application for Local Assistance Grant Local Assistance Grams are made pursuant to o.c.G.A. ~50-8-8(a) which provides in pertinent pan: ''The department shall make grants to eligible recipients or qualified local governments, which grants are specified by amo~nt, recipierz.t, and purpose in an appropriation to the department" 1. Recipienr identified by the General Assembly in Appropriations Ace: Richmond County 2. AmOUnt appropriared by General Assembly: $10,000 3. Purpose of the Local Assisrance Gram as specified by the General Assembly in the Appropriations Act: Training for the Richmond County Marshals Department 4. lnfi)rmation Required by the Deparrmenr of Community Affairs for Award: a. Plc::lSe provide a der3iled description of the projecr, locarion, type of work to be iniriared. and for what purposes the funds awarded through this granr would be used. .Att:ach addition~ pages if necessary. r Specialized Training; Travel to and from training and Tra~ning supplies and equipment. b. PI.ease provide a budget for the proposed project, listing all revenues and expenditures. Project Revenues Project Expenditures Local Assistance Granr 10.000 10,000 Local Govt:. -, Other Total c. Provide expected project Start up and project completion dates: -ill. - ~ - -2L ~-2Q..-~ B<ginning Dare Comp~tion DtZU t~ .. '; 5. Concact Informacion: Ple:lse provide ch~ rollowing conract inforffi:lcion for che g~:lnr. Name: Rhonda M. Evans Address: 530 Greene Street, Room 704 City: Augusta Scace: GA Zip: 30911 Tc:lephone: (706) 821-2517 Facsimile: (706) 821-2557 E-mail: re1255@co.richmond.ga.us Name: Address: City: Scare: /--Ztp: - Telephone: Facsimile: E-mail: 6. C:rtification I. the undersigned authorized represenrative of the local governmenr described in this application. certify that co the bc:st of my knowledge. the information in chis application is crue and correct: and the Local Assistance Granc subject: co chis application will be used for the purposes ouclined above. I further cernfy the local governmenr described in ~Qci n h" ill R,X;::';; ",dauiliori<y '0 <xp=d fund. 10, d" P"'P"" m lorn, hmin. Bob Yo ng, ayor A..moriud &pmmtativ~ Date Name (pka.s~ prinr) 1itU For additional information or assistance. please conract Amy Thompson ac (404) 679-3154 or Bobby Scevens ac (404) 679-4943. 5/99 \' -~ Grant No. OO-C-L-327 STATI~ OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 28th day of July 1999. by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and Richmond County. a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient"). WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; and WHEREAS, the Department is authorized by the provisions of 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 Agreerrient 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 Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts. an amount not to exceed $10.000 to be used solely for the purposes specified in the attached Exhibit A. which is incorporated herein by reference and made a part of the Agreement. 2. Accountabilitv. The Recipient agrees to expend said funds solely in conformance with this Agreement and to account for said funds in accordance with generally accepted accounting principles. Any funds not expended for the. purposes provided herein shall be retumed to the Department. no later than completion of the project. 3. Disbursement of Funds. ,Subject to the availability of funds for such purpose. the Department shall pay the Recipient in accordance with the following payment schedule: $7.500 - Within ten days of the Department's receipt of the executed , Agreement. $2.500 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $10.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. .. ~ Grant No. 00-C-L-327 Page 2 of 4 5. ,Conflicts of Interest. The Recipient warrants and represents that all of the officials, agents and employees of the Recipient have not violated any applicable federal, state or local conflict of interest laws. ordinances, rules or regulations, including but not limited to, O.C.G.A. 1345-10-20 through 1345-10-28 and O.C.G.A. 1336-67 A(l) through 1336-67 A(4) and that the aforementioned parties shall .continuously comply with the same throughout the term of this Agreement., Additionally, the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Legallv Binding. Act. The Recipient certifies that it is duly organized, validly existing and in good standing under the laws of the State of Georgia; that it has all. the requisite power and authority to enter into this Agreement and to assume the responsibilities herein including the expenditure of funds; and that all necessary actions have been and will be taken in confolmance with all applicable laws to make this Agreement and actions hereunder valid, enforceable and legally binding acts of the Recipient. 7. Monitoring and Auditinfl. Upon request, the Recipient agrees to provide the Department with any information, documents and/or photographs .the Department deems necessary to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate books, records and accounts reflecting its administration of Agreement funds and compliance with all applicable laws. Such documentation shall be retained for at least three years from the completion of said project, and shall be made available to the Department upon request. The Recipient further agrees that an accounting of these funds shall be included in the next regularly scheduled audit or financial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient acknowledges and agrees that any unresolved findings of the Department concerning expenditure of project funds, whether based on an audit report, financial statement, project completion report or independent investigation of the Department, shall preclude the Recipient from applying for or receiving any further grants or either 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 Agreell).ent, 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.E!ency 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 resp.ollsible for performing any and all obligations under this Agreement. 10. Termination. The Department may terminate this Agreement, with or without cause, upon :tlve 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:. (Hi) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal, state or local law, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. :.: Grant No. OO-C-L-327 Page 3 of 4 12. Entire A.e:reement. This Agreement constitutes' the entire agreement among and between the parties. There are no represeI)tations, oral or otherwise. other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. IN WITNESS .WHEREOF. the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT FOR THE DEPARTMENT OF COMMUNITIAFFAIRS . By: By: ct:~ Attachments: Exhibit A. ~Scope of Services~, ;. .. , 'j Grant: No.OO-C-L-327 Page 4 of 4 EXHmIT A The Local Assistance Grant shall be used by Richmond County for training for the Richmond County Marshals Department. GEORG~ DEPARTMENT OF . COMMUNITY AFFAIRS m{tf~5Dt-l'r August 17, 2000 Ro~' E. Barnes 1\7\ GOVERNOR V ~-JfY(jJ .l,.l' (" - *tlt.-,",\ n()-x- A:.,,(jLJ. \.... " \--~ 75 C~~u ~ ~ Jim Higdon COMJ\llSSIONER Honorable Bob Young Mayor 'Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 #~ ~ S~/ 10 Po:J to , ccf>VJ,~ U /" , fY. ___ S3L{3/' 'Copi ooooQ db ~ 101-- 0 Dear Mayor Young: Enclosed is the final payment in the amount of $2,500 under Local Assistance Grant #OO-C-L-327 to Augusta-Richmond County. If you have any questions, please call Amy Hill at (404) 679-3154. RECEIVED ~ ! 18 2 1 2000 d::e;lf-- Un Higdon Commissioner II'.~,. 'lor'." ~tt;IV' lVtuY ~. '~..' ~ ~ :,--~ Augl1Sta-.Rfc1lr~;Oi~d Ccooty JII/cm Enclosure ., 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 Opponunit)' Employer @ Recycled Paper . - :2 001 OF 001 1dOl No: 0000013727 IdorName: AUGUSTA-RICHMOND COUNTY INVOICE NUMBER 1000250000 e, ,~ INVOICE DATE 08/10/2000 , , 000014412 i I I I I I \ \ \ \ \ STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS ATLANTA, GA BANK 1100-1000 GROSS AMOUNT 2,500.00 DISCOUNT TAKEN Check No: Check Dille: Check Total: 0.00 10 /- O()OOO 0-.3 3Y 3//0 '., /,. .~. . " / ~__)i 0000040359 08/11/2000 $2,500.00 AMOUNT PAID 2,500.00 /' .~ .",: STATE OF GEORGIA ',';',:::;::"DEPART14ENT', OF, ~:t01414UNITY'.AFFA'IRS" :," 60 EXECUT IVE' PARK SOUTH N. E ' , A TLANT~ ;,,',l~A 30~~9-22~,1 :i;:i.,,:'-~:':il'~~i' "~~ . ,'X P.,y Ie tho O<dor of AUGUSTA-RICH140ND COU~TY~ 530 GREENF'STREET ' .-, :. Po,y Exaclly TWO ,;W" :,".:., THOllSA,ND ~FVE \~~~~-: .2::~> ;t~~F.fi .,' W j~CHOV I A BANK ;~"~~:~S~ ;i~~/ t1~~~~;"""'~;~~:':; . , ';"i\<j,,:: ~<:,;.~~ftl }~U~~ ~,~ 11.00000 ~O:i 5 gll. .:0 b .0000 .0.: 07 O. 7 ~ b Sill / I I I i i I i i i I \ \ / / /1' / ../ / / / ./ " " ~,J/ > ., .... .r;...:, ' , "~:?' t1f:f;~ I \ I I I ! i I I , , I / // 64-1/610 -.,"<" -..{':t.. 3:,0000040359 Chock No VonclorNo: 0000013727 . ,.. ...... S2,500,C Void aft8r 150 days .":~ '- c. . 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, Interim Finance Director FROM: Lena J. Bonner, Clerk of Commission DATE: January 14, 2002 SUBJECT: Department of Community Affairs Local Assistance Grant Awards Enclosed is a check in the amoul1t of $7,500 from the Department of Community Affairs as final payment under grant no. 01-C-L-451 Richmond County Marshal's Department. E ORGANIZATION GRANT NUMBER AMOUNT Richmond County 01-C.:L-451 $7,500 Marshal's Dept. Thank you. Enclosure: Check Cc: Honorable Steve Smith, Richmond Marshal :;., ~;?~:~::'~~I{~~f(t~:r1r;/c,~;ft:li~1Ii[~~~;~f~~:}ft~f%~!~;~.t~itI~~~~i!~~'~' '~"/27~ 'f~':~~t1;' .<,~' -': {.:.~: .='. ,:' ': -, ~'~l ~',~:~. :,.:' ooooci5:hcii<~ '.,;;'.0 1l05:;'2002"";':~ "., ',$7"500iO\,~i\~ I I I I I I I I I '., I .:<. . -:: .::- I ~'~i~~;" '..h'-",'." 11 . ,~ :. :';?;,;~!;Er:,~i 00 53:202,(;",,1,' :;~~~~~~lti~g.~1 ii~IT:/r~! .~i . \ji $7.500, oo::'i~: ,'. ,,;:..,.. '~"". '.:, ~:'c""-:--:.',' '.::: ::-l~ ,~,: '~" '::~) , .,Vaidcaft&.'.60 ,days; ':...:':" -::'f " ':(~",~ .i"M!""""""'\"''''''''''''"''''C'"",""ici!''i'''''''''"I~i,,",";j! IIIODOOO 5 ~ 20 2111 1:0 I; .0000 .0.: 07 0.7 1..1; 5111 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR January 10, 2002 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: Enclosed is the final payment in the amount of $7,500 for Local Assistance Grant" #01-C-L-451 to Augusta-Richmond County. If you have any questions, please call Bobby Stevens at (404) 679-4943. Sincerely, ~::::a~~:r-- Comn~issioner LJM/j a Enclosure 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 ., \ .';J .. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 [ RICBKOND COUNTY IlARSBAL' S DJlI'T. I1ECIPIENT: ' , LA GRANT AGREEMENT NUMBER: Ol-C-L-451 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 comer of the grant agreement. The certification statement below must be signed by the Chief Elected Official or by someone who is officially authorized to sign on the recipient's behalf. Please return the form to the above listed address. If you have any questions, please contact Bobby Stevens at ----,-- ,---" (404) 679-4943 or Amy Hill at (404) 679-3154. CERTIFICATION: This is to request final payment on the Local Assistance Grant of the above referenced grant number. In 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. Authorized Si attIre Date (,-I'l BOB YOUNG, Name and Title y '. Marshal's Office of Richmond County. M. STEVE SMITH MARSHAL (706) 821-2517 ROOM 704 CITY-COUNTY BLDG. (11) AUGUSTA, GEORGIA 30911 (706) 821-2368 FAX: (706) 821-2557 December 17, 2001 Ms. Lena Bonner Clerk of Commission 530 Greene Street Augusta, Georgia 30901 Dear Lena: Please find attached copies of the paperwork regarding a grant in the amount of $30,000 from the Georgia Department of Community Affairs from Fiscal Year ' 2001 State Budget. Our office received 22,5000 in early 2001 and we have expended those funds and I would like to request for final payment in the amount of$7,500. The monies were designated for "Specialized Training" and we have complied with the requirements and we are ready to receive the final payment. If there are any questions, please feel free to contact me. Sincerely yours, M. Steve Smith, Marshal MSS/rme .. .. 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 July 18, 2000 Mr. M. Steve Smith, Marshal, Richmond County Marshal1s Department Room 704 Municipal Building 530 Greene Street Augusta, Georgia 30911 Dear Marshal Smith: Enclosed is an application form from the Georgia Department of Community Affairs regarding the Local Assistance Grant f70m Fiscal Year 2001 State Budget, which was awarded to your agency through the efforts of oUr local Legislative Delegation. Please complete the higWighted areas on the form and return promptly to my attention at the following address. Lena J. Bonner Clerk of Commission's Office Room 806 Municipal Building 530 Greene Street Augusta, Georgia 30911 Should you have any questions or need any additional information, please feel free to call. Very truly yours, ~ e, Clerk of Commission Enclosures: ~~'G . ?'~-"'" ~(~ ~ \ 't,' GEORGIA DEPARTMENT OF COMMUNITY' AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR November 27,2000 Honorable Bob Young. Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: Enclosed is a check in the amount of $135,000 representing the first payment under the following Local Assistance Grants: $ 22,500 m~ I4ut i $112,500 1J1tJ/;l,,~ /l14"fr'GI;n I~ Also enclosed are copies of the executed contracts for your files and Local Assistance Grant Request for Final Payment Form. This form must be completed and returned once you have completed your project and expended the full amount of the grant funds. Upon receipt of this form we will issue the final payment. Grant No. 01-C-L-451 Grant No. 01-C-L-452 Please also be aware that as the recipient ofa Local Assistance Grant, you are now required under a nc::w law effective January 1, 1999 to' provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements. please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. I am pleased that we were,able to'assistyclU with,the funds provided: If you ' have any questions, , please call Amy Hill at (404) 679-3154, Sincerely, Q~ t-\;y-- Jim Higdon Commissioner Hf/ja Enclosures 60 Executive Park South, N.R.. Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal OpI!onunity Employer @ Recycled Paper '.EQUAL HOUSING ~ OPPORTUNrrY 'L.:J Office, of The Clerk of Commission Lena J. Bonner, CMC Oerl< of Commission NanCy Morawski Deputy Cieri< Room 806 - Munidpal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX. (706) 821-1838 MEMORANDUM' TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: November 29,2000 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed are checks in the amounts of $135,000 and $36,750 from the Department of Community Affairs. Please issue Augusta-Richmond County checks to the following Local Assistance Grant Recipients. ORGANIZATION Richmond County Marshal's Dept. National Legacy Foundation Master City Little League Easter Seals Safe Communities GRANT NUMBER o I-C-L-451 GRANT AMOUNT $22,500 . ..~l $112,500 $18,000 $ 3,750 $15,000 .' . Tharik you for your continued assistinc~. Enclosures: (2 Checks) ?' ;. ndvd pa]JA:1a?j' * .liJ,(oldlU7/ N!unJ.loddO lVnb7/ uv sn'e:!hllB:JS'eJp"MMM Ot6t-6L9 (tOt) · U:ZZ-6ZfOf R~.I0a~ 'B:JURnv. ":trN 'qlnoS }(.IRd OlA!lnJ;}x3 09 ~ AJ.INnll:lOddO ~ l:lNISnOH 1'1n03 dlnSO[Jug: Bl{B/Hf SldUO !SS !UIlUO:) UOpll!I{ ~O ~..j~ ~tv , / ' 'AId1d:)U!S 'nOA )[UBl{J. 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',j ~' ,j ~~:~~~,:;~~~ii~ .~; ;-. ~ - -'. .,., ~;~~:~:~~:':::,:-:_:;:~:::::-:;>'~;i IIDooooo ~ loa 7111 1:0 b 1.0000 1.01: 070 I. 7 ~b Sill .' .~- ~~ :"'. -~- . " ;, ., GEORGIA DEPARTMENT OF COMMUNITY' AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR November 27,2000 Honorable Bob Young, Mayor. Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 , ' Dear Mayor Young: . Enclosed is a check in the amount of $135,000 representing the first payment under the following Local Assistance Grants: $ 22,500 m~ I!i.ub I. $112.500 tl/4bJ"at cAt /4'tP4tit!'~ Also enclosed are copies of the executed contracts for your files and Local, Assistance Grant Request for Final Payment Form. This form must be completed and returned once you have completed your project and expended the full amount of the grant funds. Upon receipt of this form we will issue the final payment. Grant No. 01-C-L-451 Grant No. 01-C-L-452 Please also be aware that as the recipient ota Local Assistance Grant, you are' now required under a new law effective JailUary 1, '1999 to provide certain disclosure ,information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the l)epartment of Audits and Accounts. Under the provisions of the new'law, failure to file the reqldred information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please cont.act Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Amy Hill at (404) 679-3154. 'Sincerely, Q~ ~t~~ , JIm HIgdon Commissioner JH/ja Enclosures EQUAL HOUSING 1"~ OPPORTUNITY L:J . 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www;dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper "" Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission , Nancy Morawski Deputy Clerk , Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: . Ms. Donna Williams, Deputy Comptroller FRiOM: Lena J. Bonner, Clerk of Commission DA TE: November 29, 2000 SUJBJECT: Department of Community Affairs' Local Assistance Grant Awards , Enc:1osed are checks in the amounts of $135,000 and $36,750 from the Department of Community Affairs. Please issue Augusta-Richmond County checks to the following Local Assistance Grant Recipients. ORGANIZATION !Richmond County Marshal's Dept. National Legacy Foundation Master City Little League Easter Seals. " Safe Communities GRANT NUMBER .OI-C-L-A51 GRANT AMOUNT. $22,500 '. .? 01-C-L::452 $112,500 . o l-C-L-2l-49 01-C-L-651 01-C-L-652 $18,000 $ 3,750 $15,000 Thank you for your continued assistance. Enc:1osures:' (2 Checks) V' . .. .' ~ ... _....-.._".~ :" '"; :,~ '. -.....__. _........._____....o-.""-'..Lo'""... ~~;~;~];.;] ~J.~t~;<~ Z2~f2.i!J~ .ill :<:;::~::/,1:~~~:: ., '.' i! ., , ... . . _ .. '", t. ' :::::;,:;...::;..:...;:,;.:::.:........_..L I' 11100000 ~ :1088111 1:0 b .0000 .01: 07 0.7 ~b5111 ...- :-. Grant No. Ol-C-L-451 'STAT:E OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 6th day of September 2000. by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and .f':ichmond County. a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; and WHEREAS, the Department is authorized by the provisions of O.C.G.A. 1350-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend funds for the purposes set forth herein; NOW, THEREFORE. in consideration of the mutual covenants and warranties contained herein and other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged. the parties agree and covenant as follows: 1. Scope of Project. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts. an amount not to exceed $30.000 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 ofthe 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: $22.500 Within ten dciysof the Department's receipt of an .implementation plan. $7.500 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $30.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. ~ Grant No. 01-C-L-451 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. mles or regulations. including but not limited to. O.C.G.A. 945-10-20 through 945-10-28 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 Legally 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. Monitoring and Auditing.' Upon re.quest. the Recipient agrees to provide the Department with any information. documents and/or photographs the Department deems necessary to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate books. records and accounts reflecting its administration of Agreement funds and compliance with all applicable laws. Such documentation shall be retained for at least three years from the completion of said project and shall be made available to the Department upon request. The Recipient further agrees that an accounting of these funds shall be included in the next regularly scheduled audit or financial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient acknowledges and agrees that any unresolved findings of the Department concerning expenditure of project funds. whether based on an audit report. financial statement. project completion report or independent investigation of the Department. shall preclude the Recipient from applying for or receiving any further grants or other' funds from the, Department, until such findings are resolved to the satisfaction of the Department. 8. Open Meetinl!s. The Recipient certifies that in approving this Agreement. it has complied with all the open meeting requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated. 9. No 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. 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 llaw. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. .. Grant No. 01-C-L-451 Page 3 of 5 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. I, Sec. II, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City oj LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett,the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433. or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Secgnd College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect":. "cult" and "denomination" also relate to."a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in. God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Allreement. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise, other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. [Executions on following page] !', , Grant No. Ol-C-L-451 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT By: Attachments: Exhibit A. "Scope of Services" FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS By: " ~ .' Grant: No. Ol-C-L-451 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Richmond County to continue hazardous materials investigation of illegal dumping.with the Marshal's Department 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 t!1at us.e as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its. historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own hi:3torical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the retum is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. 8'0 > -- I". 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 shaD make grants to eligible recipients or qualified local governments, which grants are specified by amount, recipient, and purpose in an appropriation to the department" 1. Recipient identified by the General Assembly in Appropriations Act: Richmond County 2. Am.ount appropriated by Gene~al Assembly: ,. '. $30,oob . 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Continue hazardous materials investigation of illegal dumping with the Marshal's Department 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. . Grant will be used to, fund personnel, equipment and supplies to continue locating and investigating hazardous materials dumpsi tes wi thin Augusta- Richmond County. b. Please provide a budget for the proposed project, listing all revenues and expenditures. Local Assistance Grant Project Revenues .30,000 Project Expenditures 30,000 , Local Govt. Other Total c. Provide expected project start up and project completion dates: - - --- &ginning Dille Completion Date .. 5. Contact Informacion: Please provide che following contaCt information for the granc. Name: Rhonda M. Evans Address: 530 Greene Street, Room 704 City: Augusta Telephone: (706) 821:" 2517 Facsimile: (706) 821- 255 7 E-mail: re 1255@co. richmond. ga. us Name: Address: qity: Telephone: Facsimile: State: (';A Zip: ?;OQll State: Zip: E-mail: 6. Certification I, the undersigned authorized representative o(che loc:il,government described in this application, certify that co the best 0 kno .ledge, the information in chis application is true and correct and the Local Assistance Grant subjecc t~s pli 0 'i be used for ,the purposeS' outlined above. I futther certify the local government described in ~s, . t' I requisite power and authority to expend funds for the pUrposes set forth herein. u.-Lo' - /wf ..-,".( . . . ~ .. .2..S- .. 2..0..00 Authorized &prnmtative Bob Young Name (pkau print) Mayor TItle Dak For additional information or assistance, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Georgia Department of Community Affairs ' 60 Executive Park South, NE Atlanta, GA 30329-2231 www.dca.state.ga.us 6/00 > GEORGIA DEPARTMENT 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 $25,000 in Local Assistance Grant funds has been included in the Fiscal Year 2001 State Budget. A brief description of the purpose for the grant is included on the enclosed application form. To begin the paperwork necessary to receive this grant, please complete ip detail the attached application fOlm and return it to my, office. Once we have received and approved the application, we will forward a contract to you. We are delighted to assist you with your community development activities. If you have questions, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Thank you. Sincerely,. / . ~~p ~~ Higdon ~ Commissioners HI/aha Enclosure 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 f:. STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~~day of ~~ 2000, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "Augusta"); and RICHMOND MARSHALS DEPARTMENT 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 fort:h 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 $30,000.00 (the "Funds"), to be paid to Organization upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the Organization agrees to perform the following services, which Augusta has determined renders a substantial benefit to its citizens, to wit: To provide training to improve police protection for the community. 1 ." ~ .~ Augusta has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by genexal 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; 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 ~ccounting principles. 2 ....: ,... 1.... 4. The Organization shall hold harmless and indemnify Augusta, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 50-14-1, et seq.) if the Organization receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). Organization shall cooperate fully in responding to such request' and making all records, not exempt, available for inspection and copying as provided by law. 7. Organization certifies that it is a tax exempt entity under ~ 3 ~, 501(c) of the Internal Revenue Code. 8. Organization acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants' through private par1:ies 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 thei.r 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 S~cond 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 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 corrununity or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. Organization certifies that Augusta has made inquiry of 4 Jt;, ., - , ~ .. ~ ;.... Orgc:lnization as to whether it is "organized out of belief in God or other supE~rnatural beings" and Organization hereby certifies to Augusta that i. t is not so <>rganized 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 reinlburse 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. RICHMOND MARSHALS DEPARTMENT ::~A~ ' 's its S ~ B'. ~TEST' ATTEST: Title: Sworn to and subscribed before me this day of ----;-2000. Notary Public My Commission Expires: 5 ~, ,.\. t. ~ STATE OF GEORGIA GRANT CERTIFICATION FORM As f{~quired 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 gra01t 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 c.opy of the annual audit report. Questions concerning the preparation and submission of this form should be referred to Local Government Audit Section of the Georgia Department of Audits and Accounts. Instru.ctions for Completion 1. Complete lines A through K on page 2 of this form. Please note that one form should be used for e2~ grant from the governor's emergency fund or from a special project appropriation. 2. The appropriate officials should sign and date the section entitled "Certification of Local Government Officials." 3. Attach Independent Accountant's Report. 4. Mail the Grant Certification Form (including Independent Accountant's Report) with one copy of the aUldited annual financial report to: State of Georgia, Department of Audits and Accounts Local Government Audits Division 254 Washington Street, S.W. Suite 322 Atlanta, Georgia 30334-8400, 5. If the local government meets the eligibility criteria for an agreed upon procedures engagement in accordance with the provisions of the Official <;ode of Georgia Annotated Section 36-81-7, the local government is responsible for ensuring that the procedures performed by the independent certified pu;blic accountant are sufficient in scope to enable the CPA to complete the Independent Accountant's Report. These' procedures include examination of grant application and award do~cumentation to become familiar with the terms and conditions of the grant; verification of receipt of grant proceeds; and evaluation of the local government's documentation of expenditures. The purpose of these procedures is to comply with the provisions of House Bill 1364 requiring certification that the grant funds were. used solely for the express purpose or purposes for which the gr.ant was made. 6.. Whether the local government engages an independent certified public accountant to perform.an audit or perform the agreed upon procedures, for purposes of meeting the requirements of House Bill 1364 the independent CPA should be engaged to examine management's assertion of compliance with the requirement to use grant funds solely for the express purpose or purposes for which the gr;mt was made. The independent CPA should conduct the engagement in accordance with the sblil1dards for examination engagements for compliance attestation contained in the Codification of Statements on Standards for Attestation Engagements. 7. Th~s form and the accompanying Independent Accountant's Report is required to be filed with the state auditor in conjunction with the annual ,~udit for each year in which grant funds are expended or remain unexpended by the local government. 8. Questions concerning the provisions of House Bill 1364, the State of Georgia Grant Certification Form, or attestation engagements should be referred to Edward Blaha, Deputy Director, Local , Government Audit Section, at the address listed above; telephone (404) 651-5115; fax (404) 651- 5608; or e-mail blahaef@mail.audits.state.ga.us ,,~. . ~ 'I.' ... STATE OF GEORGIA GRANT CERTIFICATION FORM A Local Government B Information For Year Ended I C State Awarding Agency D. Grant Identification Number E Grant Title F Grant A ward Date G Grant Amount H . Balance - Prior Year (Cash or Accrued or Deferred Revenue) I Grant Receipts or Revenue Recognized J Grant Disbursements or Expenditures K Balance - Current Year (Cash or Accrued or Deferred Revenue) (Line H + Line I - Line J} Certification of Local Government Officials I hav(~ reviewed the information presented above and certify that it is accurate and correct. I further certify that the proceeds of the grant award identified above were used solely for the express purpose or purposes for which .the grant was made~ I understand that failure to comply with the provisions of the law applicable to this grant award shall result in a forfeiture of such grant and the return to the state of any such grant funds received. Signature of Chief Elected Official Date Signal:ure of Chief Financial Officer Date $' ;: Q;.. ~ Independent Accountant's ReDort We have examined managem'ent's assertion included in the accompanying State of Georgia Grant Certification Form about [name of government)'s compliance during the fiscal year ended [date] with the requirement to use grant proceeds solely for the purpose or purposes for which the grant was made for:each of the following grant award(s): [Individually identify each grant award of governor's emergency funds and/or special project appropriation.] Management is responsible for [name of government)'s compliance with this requirement. Our responsibility is to' express an opinion on management's assertion about the [name of government)' s compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name of government]'s compliance with this requirement and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable baSis for our opinion. Our examination does not provide a legal determination on [name 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 n:spects. v -;. ~ r- Marshal's Office of Richmond County M. STEVE SMITH MARSHAL (706) 82]-2517 I j I I I I i I I I , I i i I I ROOM 704 CITY-COUNTY BLDG. (11) AUGUSTA, GEORGIA 30911 (706) 821-2368 FAX: (706) 821-2557 July 27, 2000 Ms. Lena Bonner Clerk of Commission 530 Greene Street Augusta, Georgia 30901 Dear Lena: Please fmd attached hereto a memorandum from you dated October 22, 1999 regarding a Request for Final Payment on the grant that was awarded our : department. The monies were designated for "Specialized Training" and we have complied with the requirements and we are ready to receive the final payment. If there are any questions, please feel free to contact me. Sincerely yours, MSS/rme .' l I I i I I ! I ! I ! I i I I I I I I I I I i I I I I i i I I I I I ! I I . Office of The Clerk of Commission Lena J. Bonner,CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 July 18, 2000 Mr. M. Steve Smith, Marshal, . , Richmond County Marshal's Department Room 704 Municipal Building 530 Greene Street Augusta, Georgia 30911 Dear Marshal Smith: Endosed is an application form from the Georgia Department of Community Affairs regarding the Local Assistance Grant from Fiscal Year 2001 State Budget, which was awarded to your agency through the efforts of our local Legislative Delegation. Please complete the highlighted areas on the form and return promptly to my attention at the following address. Lena J. Bonner Clerk of Commission's Office Room 806 Municipal Building 530 Greene Street Augusta, Georgia 30911 Should you have any questions or need any additional information, please feel free to call. VelY truly yours, ~ ~J.B e, Clerk of Commission Enc:losures: ,~" ; .1 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR September 7, 2000 Honorable Bob Young Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: The attached contract when executed commits state funds in the amount of $30,000 to Augusta- Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contact. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning the two copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. The Department of Community Affairs is pleased to assist you and the General Assembly in the administration of this grant. If you have any questions, please feel free to call me or either Amy Hill at 404.679.3154 or Bobby Stevens at 404.679.4943. Sin~erel~ . ex ;'H' 'd t'- - ir~~g on Commissioner HI/cm Enclosure cc: Richmond County Legislative Delegatio~ 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 -; .. ~\'< GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS . Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR September 7, 2000 Honorable Bob Young Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: The attached contract when executed commits state funds in the amount of $30,000 to Augusta- Rk:hmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contact. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning the two copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. The Department of Community Affairs is pleased to assist you and the General Assembly in the administration of this grant. If you have any questions, please feel free to call me or either Amy Hill at 404.679.3154 or Bobby Stevens at 404.679.4943. Sin~erel~ ~don Commissioner JH/cm Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. 0 Atlanta, Georgia 30329-22310 (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper u' " 7 RECEIVED GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AUG 3 0 1999 (AUGUSTA-RICHMOND COUNll C<mMISSIOHl Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR August 27, 1999 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: The attached contract when executed commits state funds in the amount of $25,000 for operating funds for the Augusta Ballet. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contact. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning two copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. The Department of Community Affairs is pleased to assist the General Assembly 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. o:~(~ Jim Higdon Commissioner JH/ja Enclosure cc: Richmond County Legislative Delegation ktt (/IP f!~L -~6 60 Executive Park South, N.R. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer EaUAL HOUSINGi ~ OPPORTUNITY L.:J * Recycled Paper ;.- AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY ATTORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: .JWall@co.richmond.ga.us ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM RICHARD L. COLCLOUGH FREDDIE L. HANDY WILLIAM B. KUHLKE, JR, WM. "WILLIEI, H, MAYS, III ], B. POWELL STEPHEN E. SHEPARD LEE BEARD Mayor Pro Tern CHARLES R, OLIVER, P E, CPA . Administrator MEMORANDUM To: Augusta Ballet Fr'om: James B. Wall Date: September 9, 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 ] 999-2000. In that mt:morandum, 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 g~ants 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, tht: 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 substa!ltial. The previous contract which we have used with private entities, which you may have already signed, meets the first requirement, i.e., it is a contract for services; however, I am concerned the DCA may reject the earlier contract because it does no! clearly show the scope of services as being in aid of a lawful activity with a benefit substantially to the County. Therefore, I have revised - the contract to provide additional language in this regard. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The ~econd concern was the-'constituJJ.Qnal p~C?hibition against paying funds. to, or contracting with, a sectarian entity. We have been required to' ~~r)duct "such factual inquires as may be reasonably necessary to enforce" the sectarian aid prohibition.. Accordingly, Thave included a certification that your organization is not "organized out ofhe-'ief in God or other supernatural beings"" which is a requirement for your organization being eligible for the grant funds. I have attached two copies ,of the contract, sll1ce we must provide one copy to DCA. The remaining copy is for the City's records. Please execute both copies ofthe contract in order that they may be returned to me. Further, if YOIJ S!19uldhave any questions conc~rningeitherAhe scope of services or the certification, please call me. :~fii" ;~ .~.:~.. ~ ~:--r~ ~! ! .J Application for Local Assistance Grant Local Assisrance Grants are made pursuant ro O.C.G.A. ~50-8-8(a) which provides in pertinent pan: "The department shall make grants to eligible recipients or qualified local governments, which grants are specified by am~unt, recipient, and purpose in an appropriationto the department" 1.' ReciF ienr idenrified by rhe General Assembly in Appropriarions Act: Richmond County 2. Amount appropriated by General Assembly: $25,000 3. Purpose of me Local Assistance Grant as specified by me General Assembly in me Appropriations Act: Operating funds for the Augusta Ballet in Richmond County 4. Information Required by me Department of Community Affairs for Award: a. Plc:lSe provide a detailed description of the project, location, type of work ro be initiated, and for what purposes me fundS awarded through this grant would be used. Attach additional pages if n:cessary. ' b. Please provide a budget for the proposed project, listing all revenues and e."Cpendimres. Project Revenues Project Expenditures Local Assistance Gram .:2 .j-- IJ (J 0 / J_L (,,(,10 +-, 47 1 {)ll Ii' .You ( ~JJI rdia ) ( 'G ~. C) .-5j(i. ~..L,.,-~.' Local GoV!. Other Total c. Provide expected project start up and project completion dates: L- ,;"..;., ;.,-;- Completion DatI! f!:. ~ "i~1; c 5. Concact Informarion: Please provide che following concact informacion for che grant. ~LLr6--1 ;. ,JlrJ,diJOn ",,"t.. Name: Address: ~f: AJ'; ( L \-h~ i3.0-/le_+ Po ~ .?l-.tp Ciry:~ l' L'+-r..... i / -~ .- ? I-I Telephone: 0'-(0 I (I) "') ~ FacSimile: ,-,L. \0 Srare: 0.IJ. Zip: cl 0)0 t/ . 6 ] ~~ - / E-mail: Name: Address: Ciry: Scate: Zip: Telephone: Facsimile: E-mail: 6., Cc:rtifica.non 1, che undersigned auchorized representative of che local government described in chis applicacion, certify chat co che best of ow edge, me informacion in chis applicacion is rrue and correct and me Local Assistance Grant subject co chis lcati be used for me purposes ourlined above. I furcher certify me local government described in , chis ap requisite power and auchoriry co expend funds for che purposes ser forth herein. ~ - ~! - ;7 -- J Date '~~i"'1: f 11..J.~'jlCl i.~ <' '1 Nam~ (PlelU~ print) Title For additional informacion or assistance, ple:l.Seconract Amy Thompson ar (404) 679-3154 or Bobby Srevens ar (404) 679-4943. 5/99 r"~ Department of tll~ Treasury . ')" lliTERNAL REVENUE SERVICE ~ 275 Peachtree Street .oom B-69 Atlanta, Georgia 30343 .. . " ,", ' .~ .' ..... ,. . '" . ~. Datri: June 25, 1986 Person to 'Contact: N. Roberson Augusta Civic Ballet loc P.O. Box ))/18 Augusta, CA 30904 Telephone Number: (404) 331-3410 Refer Reply to: 152:4 CORR EIN:58-0944828 . FFN: 580044842 GEN: Dear Sir or ~adam: TIlis is in response to your request for confirmation of your exemption from Federal income tax. You were recognized as an organization exempt from Federal income tax under section 501(3) of the Internal Revenue Code by our letter of December 1964 You were further determined not to be a private foundation within the meaning of section 509(a) of the Code because you are an"organization described in section 509(a)( 2 ). CDn~ributions to you are deductible as provided in section 170 ~f the Code. The tax exempt status recognized by our letter referred to above is currently in effect and will remain in effect until terminated, modified or revoked by the Internal Revenue Service. Any ch:1nge in your purposes, character, or method of operation must be reported to us so we may consider the effect of the change on your exempt status. You must also report any change in your name and address. ',.r lhank you for your cooperation. Sincerely Yours, ,:" :. ..' rcOft~ C?&~ .: " EO Coordinator .., .. . ~.\ ." .:.~ ~ ~" ~ '" - 7i ~ ~ .! Grant No. OO-C-L-406 STAT;g OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS TIDS AGREEMENT entered into this 25th day of August 1999. by and between, the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and Richmond County. a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient"). WHEREAS. the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS. mutual cooperation and assistance between the state and Its political subdivisions is beneficial to the administration of programs to assist- the citizens of the state; and WHEREAS. the Department is authorized by the provisions of 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 Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts. an amount not to exceed $25.000 to be used solely for the purposes specified in the attached Exhibit A, which is incorporated herein by reference and made a part of the Agreement. . 2. Accountability. The Recipient agrees to expend said funds solely i~ conformance with this Agreement and to account for said funds in accordance with generally accepted accounting principles. Any funds not expended for the purposes provided herein shall be retumed to the Department. no later than completion of the project. 3. Disbursement of Funds. Subject to the availability of funds for such purpose. the Department shall pay the Recipient in accordance with the following payment schedule: $18.750 Within ten days of the Department's receipt of the executed Agreement. $6.250 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $25.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. .,-;-, ~ o ~ Grant No. OO-C-L-406 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 n~gtilations. including but not limited to. O.C.G.A. ~45-10-20 through ~45-10-28 and O.C.G.A. @36~67A(1) through @36-67A(4) and that the aforementioned parties shall eontinuously 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 LeQ: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. Monitoring and Auditinl!. Upon request. the Recipient agrees to p'rovide 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 fin9.ingsof 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 R~cipient 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 MeetinQ:s. The Recipient certifies that in approving this Agreement. it has compli.edwith all the open meeting requirements of Chapter 14 of Title 50 of the OffiCial Code of Georgia Annotated. 9. No Agencv or Partnership. Nothing herein nor any actions of the parties hereto or their agents or employees' shall create any agency relationship. partnership or joint venture. between the Department and the Recipient. The Department is not an agent or representative of the Recipient and the Recipient is not an agent or representative of the, Department. The Recipient shall be solely responsible for performing any arid all obligations under this Agreement. 10. Termination. The Department may terminate this Agreement. with or without cause. upon five business days written notice t~ 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. I 11. Satisfaction. In the event the Department determines. in its sole discretion. that the Recipi;~rit: (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 RecipieI].t shall be required to return to the Department all funds disbursed under this Agreement. upon request. ....1 " -- 'J'" '1 Grant No. OO-c-L-406 Page 3 of 5 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through priv~te 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). Th'e 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 ter,m 'church' is one of very comprehensive signification, and imports an organization for religious purposes. for the public worship of God." 153 Ga. at 433. "Sect". "cult" and "denomination" also relate to "a distinct organization." with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization." but may also mean a "custom, practice, relationship. or behavioral pattem of importance 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 signifi(~ation." 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 ~reement. This Agreement constitutes the entire agreement among and between the parties. There are no representations. oral or otherwise, other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have ~greed to said modification in writing, [Executions on following page] ~,;' .1 r r, Grant No. OO-C-L-406 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: rM ~ Mayor Attachments: Exhibit A. "Scope of Services" FOR THE DEPARfMENT OF COMMUNI1Y AFFAIRS By: ----.. i'.~, r 'J Grant No. OO-C-L-406 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Richmond County for operating funds for the Augusta Ballet in Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished througha contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility; Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. \ ^-- . -....,. ., STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ day Of~~/ , between AUGUSTA, GEORGIA, a political subdivision of the State ~, 1999, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "Augusta"); and AUGUSTA CIVIC BALLET, 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 fort:h 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 Orga.nization accepts, the sum of $25,000.00 (the "Funds"), to - be paid to Organization upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the Organization agrees to perform the following services, which Augusta has determined renders a substantial benefit to its citizens, to wit: To provide for an a.rt program through the Augusta Ballet. 1 ~~ ~ " Augusta has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: o Police and fire protection; o Garbage and solid waste collection and disposal; o Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; o Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; 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; r~ 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 f ..~. ~ 4. The Organization shall hold harmless and indemnify Augusta, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 50-14-1, et seq.) if the Organization receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public reco'rd 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 r '7 ... '. ~ ~I 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 par1:ies is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: "No mon~y 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 (19E:2) . "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. "Insti tution" may have a similar meaning related to "org'anization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any ent~ty organized out of belief in God or other supernatural beings. 9. Organization certifies that Augusta has made inquiry of 4 l - IF -".... -. . ',> . <. Organization as to whether it is "organized out of belief in God or other supf:!rnatural beings" and Organization hereby certifies to Augusta that it is not so ()rganized 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 Agreem~nt 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 reinlburse 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. AUGUSTA CIVIC BALLET, INC. ORG'~ ~, . ., i t.f: t- ~ -!I2J~.4:- ATTEST: Title: rAy: :;;JAS its q:.TTEST: , " .."'" ."..SwoJ;n .t(?ri,':!pd subscribed ~", betorEf-me, this ~day of ~'::~~~r?nil!lb.:7e_ , 1999. -- ., -~..". 1":,,- ~ ~ ....... .:!M:.'....Y:.;/ '. ~~ - ~:"'S. .~'" "_ ~ ~ '~tC:L7 'P'ub:J,i,c; ~ ~ t1Y. "<:;"'illIn'~,5i:on~ Expires: % ~ ?;_~ Natf( ~t '~,.: --:l'/~ CDufttY. Georaia ~"<''/':''~~'~Oec. 5, 2001 .0;'" P~-"r'"'t :-r-.......,~.\ .~....~.. '-'I', ',.,~..,~ :~~O-~ _:,;: ~'::l""\",,,'\. 5 p 't, " .' ... ""e Augusta Ballet Po. Box 3828 Augusta, GA 30904 (706) 261-0555 March 8, 2000 Ms. Lena Bonner Clerk of Commission Municipal Building Room 806 Augusta, GA 30911 Dear Ms. Bonner: The Augusta Ballet has completed the New Visions Education Outreach program for which we received a $25,000 Community Assistance Grant. All funds received to date ($18,750) have been expended. I am writing to request final payment of funds ($6,250). Please forward payment to: The Augusta Ballet P.O. Box 3828 Augusta, GA 30904 Thank you very much for your efforts on our behalf. Weare most appreciative. Sincerely, .~L,Jj Susan E. Nicholson Development Director ;:' ~""". .,J ,'..' , p.... '; p -:; '. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. II Adanta, Georgia 30329-2231 Augusta Ballet RECIPIENT: LA GRANT AGREEMENT NUMBER: OO-C-L-406 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 Thompson at (404) 679-3154. CERTIFICATION: This is to request fmal 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 oy 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. Authorized Si ature It Bob Young, Mayor Name and Tide Date OFFICE OF THE MAYOR BOB YOUNG, MAYOR ROOM 806, MUNICIPAL. BUIL.DING 530 GREENE STREET, AUGUSTA, GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-MAIL.:MAYORYOUNG@CO.RICHMOND.GA.US March 8, 2000 The Honorable Jim Higdon, Commissioner Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329-2231 RE: Local Assistance Grants Dear Commissioner Higdon: Enclosed is the following Local Assistance Grant Request for Final Payment form for the following organization: E ORGANIZATION The Augusta Ballet GRANT NUMBER 00-C-L-406 Thank you for your continued assistance in the administration of Augusta's grant awards. Very truly yours, ~gi=c; Enclosures: A CITY OF CHARACTER MAR- 8-00 WED 3:36 PM AUGUSTA, BALLET FAX NO, 706 826 4716 P. 2 .,. - , , J;..~, 01' " The Augus'a Balle' p.o. 80x 3828 Augusta, GA 30904 (706) 261-0555 March 8, 2000 Ms. Lena Bonner Clerk of Commission Municipal Building Room 806 Augusta, GA 30911 Dear Ms. Bonner: The Augusta Ballet has completed the New Visions Education Outreach program for which we received a $25,000 Community Assistance Grant. All funds received to date ($18,750) have been expended. I am writing to request final payment of funds ($6,250). Please forward payment to: The Augusta Ballet P.O. Box 3828 Augusta, GA 30904 Thank you very much for your efforts on our behalf. We are most appreciative. Sincerely, ~L,.>> Susan E. Nicholson , I)evelopment Director ,MA-R- 8,-00 WED 3: 36 PM AUGUSTA. BALLET ... .,..""i"'F - .. FAX NO. 706 826 4716 P. 1 \t' '. THE AUGUSTA BALLET - ~ Fax T~ci/-~. ~ Fax: Fro~ Pages: 02--- Date: ...! -,.. (J 0 ~--. 7~-.-/ Phone: Re: IeFP cc: o Urgent 0 For Review' 0 Please Comment 0 Please Reply o Please Recycle Post Office Box 3828 . Augusta, Georgia 30914. 706261 0555. FAA 7062610551 ,((' \ ) , '. ,.. > ... 2 :;) ,0 (.J o .2 o :E' :z: (.J r--... C'l0: r--. <'l< -... -oen 00.:;) ooc! O=' "-0< C iIi -" ,E '0'0 (t\ OZZ 0.0 ~-g-g '" .. .. 0..>> en 0: ... < ... ... < ~~ < 0... C! 0 CI:.2 .0 O=' 0 w ~ .ct - O:E .... '.1 . C :z 0 ~(.J .<'0 -' - WLi. ~. - I- C < <t :x tiiE .~ :E .... 0: < Q. w C ..219 o '" 0 ZOt- ~~~ 666 '<fOO r--oo '<f0 ' 1DC'l0 <'l......1ll or--r-- 0- . O......<'l O<'l'<f 00'" . 0 wa: '00 (JW .00 -Ie 00 0:E UlID ~:;) ~~ -z .00 00 .1ll.1D -- <'l<'l 00 0.0 ,00 00 OUl .ID C'l .,:.. .... 0Z .r--ID 0:;) <'l 00 a::E ~< ... Zz :;)W O~ (J< 0... Q r--CIO -ID alal CIO CIO 00 00 :00 .00 00 00 00 00 C'lC'l " IllID -- "'...... <'l<'l 00 00 .00 00 00 00 00 o III UlC'l ... r--ID ZCI <'l :;)- 0< .IL :EQ.. ~ < .' ., 'w' ". . I 1\ ;-';:~"~l I.. <<.'. ~ ,j~;~.;; . .... . ~' , >~;;.~;..~ ~ ,.....,.....~....,. _...l. j ; .~:, .' .'~ :',>..,; : . V') . ~ :y...' \:!. . ':.~". \ '" './~;:~ '.~,\-t,~.. ..~.' . v '.VV'~ ""1:'.' .~._, ,. c. ~. - '. '-..~ ...". ~ U1 toll .z t'- - o t'- o .. - o ... o o o o ... toll o .. - ~ .z t'- .z toll r1'I o o o o o ~ ,::-.::,.,.;.;..i.-;;,..-::;r.- '--' ~ ...... . .' .~..,! .. :-:~:~:;:;:~ .:.~~:'.~.:~:.: :.~: ,. '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 March 27, 2000 Ms. Susan Nicholson Development Director The Augusta Ballet , P.O. Box 3828 Augusta, Georgia 30904 Dear Ms. Nicholson: Enclosed is a check in the amount of $6,250 representing final payment of your FY 2000 appropriations from the state's local assistance grant program. . . Should you have any questions or need any additional information, please feel free to call. Veryt~I~~2 ~fJ:tt?WMf/ Clerk of Commission Enclosure: AUGUS'TA-RICHMOND COUNTY COMMISSION {~~~F--j 026918 ., I ....:;,..... . I . , .. DeSCRIPTION. . P.O. NUMBER . INVOICE NUMBER' INVOICE. AMOUNT . NETAMeIll'ft. . ... 3 RANT 032400 6,250.00 0.00 6,250.00 - CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 026918 03/24/00 6,250.00 0.00 6,250.00 . t!!~ -~';.~!1;1=':' - ::E~: g:r:~ JU ::;.~==!r;. ;: :,,::;:.:.. ~:.:.: .:; _ :;..:,,~ :: :;:;:;: l ~ ~:; ~:;:.:.~.._. _.. ~ _ _._ _. _ _... _. ~ . "}~'KJ{;;;'-"1:I:'\;H;~;:- - 'h:~~''',J, .~:::~;r~l'~::':"-;,' ':.' "':.,<,',;\,',." +'.:~' !' - '-:;, .; ,;(!':~:AUGtJS;rA~RICHMOND COUNTY :.:..;~{_;'<f,~' ;~:<COMMISSION",/", '. .... .... .-,. oc51J\t1!(i5~ACC'OUNTING:DEPARTMENT .' 530;GREENE STREETi'."d :."c..l":.:,' GYS_TA;;G.EORGIA~3Q911. . 1'::,';. 'HOeNE'Y706) 821~2334:~: '; ':"'i, ~~+'~w~,: , : .... - '~:\~';,,':i'I,:.I;'.:,;~~,::. . - "- ~:~-.",,::'- -,. . -""""'-"'-~..,.- ",...--=-..,~' ,-8'-~~-. 64-137 611' ::'l::tiECKDATEfJ:''l,'f,'< \ ':'!-(CHECtQJO;U:"~ .;:6\~V24'~~lfl :~F~..(~~'l{t~.~ t-;::,:~V'.;f:';;' AMOUNT."".: "'; ,. (*'**$'6: 2.50'.00',: . ", :~..~- .~ ',' " . . . _~ J-'- . . ." . '.. ", . "*,*,' ***.*.* ~~..{t::Ji Ij~'* *,~ t *:c .~. *~..... * . 't$6:, 2S01WDNOCENTS 'f,.,J . -:::i;;. :;~} .. . _ ,1"; .," , " I . -. . 'L.~i\ .'+~ ;}r . /~F" ".....,. ':. :C;' VOID AFTER 90' DAYS" TO'1030 ~c.f\:QQP"ST f\>BALLET. '~!~:~~.i~(:,;~:l,~;;r{!::' ,', " , . ~~'.~~~ ..,,-. - 'i~~;,;.:,; :',".;,:,< i,". ...I, ;"""~'.'.' '~.;'I,:..... .-,'. ,..... T. . . .. . /.... Ire. ~ "" J/"....... /1 .~~:;:.;,:rrW~~SI~TAN~C~~V ,'.r~. = :..r:.":l ' _:-~~~. n"" ; -REGIONS BANK OF GEORGIA . AUGUSTA, GEORGIA ~"I ;:.. ;.; , 1110 2 b g li 8 III I: 0 b ~ ,~O .~ j 7 5 I:, b ,8 lO....L.,a j g....,ul .r ? 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 Tq: Ms. Donna Williams, Interim Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: July 25, 2001 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed are checks from the Georgia Department of Commun~ty Affairs in the amount of $33,125 and $5,000, which represents final payment of following grant awards. . Please issue Augusta-Richmond County checks to the following Local Assistance Grant recipients: ORGANIZATIONS GRANT NUMBER GRANT AMOUNT Augusta Recreation 01-C-L431 $18,750 Eastview Park Augusta Recreation 01-C-L-323 $11,250 Eastview Park . Safe Communities o 1-C- L-652 $ 5,000 CSRA Transition Ctr. .01-C-L-432 $ 3,125 Thank. you for your continued assistance. Enclosures: Cc: Mr. Tom Beck, Director Augusta Recreation . ~\ l' AUGUSTA-RICHMOND COUNTY COMMISSION 058360 . DESCRIP.TION pi. ., . . P.O. NUMBER INVOICE NUMBER .INVOICEAMOUNY. '.",. . NETAMOUNT.. G R.l'J\JT 01CL432A 3, 125. 00 0 .00 3, 125.00 : I - - .0 .- .. ... . . n. 0 .- - ";. CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 058360 07/27/01 3 ; 125.00 0 .00 3,125.00 III 0 5 8 3 I; 0 III ':01;'1..1.01..3 7Si: 1;8301....8 F~ "'111 t' Ji '-'- ~. .'~ _ '.' 'T ",- '," " ~- . . .:".:':','"'"',.", STATE OF GEORGIA DEPARTMENT'D~CDMMUN1TY' ,-".. ,.! .f. -J ~ . ':.~~>~~'.:::':,~.:~.:..,>.. -. AF.FA.IRS." ,-,,<j:::heckNo.'" c.-, .:' ..- . PC', Check Date' ';-r,-;,,\':~,.:~~'<'"_:~~.~~'i' Ch~kTotal~~/-",~-~ ~ , , INVOICE :NUMBER r. , '::;"" >.~~: ;" I ; . - . ~ -: _:. ,~~~:~~.:~~1r;.;:':":; ~, l';i,:t!:,!:~:;~;~; l:,;;i1:~f.~;;:~,~;:~': :.c,,_ ,:,.;,,_~~;u. ':.u.;:' ,,100000 L. q 27 .111 1:0 b .0000 .01: 07 0.7 L. b 511' j - I AUGlis~;:~R1cHMOND COUNTY COMMISSION ,~ 039433 g;;:{~{:.~ :.::~~~~: ,,'OI:SCRIPTION, "-'::,;:~,,:,:f:;':':': '.;. ''''',''n,..,,,",,;,, ",,...P.O/NUMBER," ~MINVOICE'NUMBERi", i0'i"'"INVOICE"AMOUNF,"',~d &',~r:",,)"i" ' c'""" 01CL432 9,375 00 0 00 ;/{F\NEPAMOUNTU'}'",{ 9,375 00 GRANT'" CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 039433 10/06/00 9,375 00 0 00 9,375 00 1/1 0 1 g ... 1 1 1/1 .: 0 I; 1. 1. 0 1. 17 5 .: I; a 10 1. ... 8 3 g "'111 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 (70,6) 821-1820 - FAX (706) 821-1838 August 1,2001 Dr.,Charles Bartholomew, Ph.D. CSRA Transitional Center, Inc. 1345 Druid Park Avenue Augusta, Georgia 30904 DE!ar Dr. Bartholomew: Enclosed is a check in the amount of $3,125.00 representing final paymehtof your fiscal year 2001 State Appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program for the CSRA Transitional Center, Inc. If I can be of further assistance, please feel free to call. Enclosure: As of this writing 110 referrals have been received by ,this center and 54 children have been served in our diversion program (as you will recall, we planned to serve 50 children this year). We would like to request the balance ($2, 500.00) of our money. Please let us know what is needed to do this. (?SRA i '< TRANSITIONAL C EN T E R, INC. 1345 DRUID PARK A VENUE AUGUSTA, GEORGIA 30904 Mr. Carl Thomton President June 26, 2001 Dr. Charles Bartholomew Executive Director Mrs. Carol Roundtree RC School System, Guidance Ms. Lena J. Bonner Clerk of Commission's Office Municipal Building Room, 806 530 Greene Street Augusta, Georgia 30911 Dr. C. Evans-Jones Paine College Mrs. Jon Munn, Secretary Community-Advocate'- Mrs. Helen Jenkim, Vice President Community Advocate RE: Local Assistance Grant Funds Mr. Leon Larke Attorney Dear Ms. Bonner, Ms. Stella Sullivan Juvenile Court Ms. Brenda J. Bom.er Community Advocate Mr. Marion E. Bar,nes Community Advocate Mrs. Betty Walker Community Advocate Thanks very much! Mrs. Geneva Stallillgs RC School System ~a>.arL ~,~'=~~~ J7~:c:>, Ms. Shirley Mcintosh Community Advocate Charles Bartholomew, Ph.D. Director PHONE (706) 738-5060 FAJ((706) 738-4124 The mission of the C:SRATC is to provide advocacy, education and treatment for high-risk youth in their struggle to become caring, responsible, and contributing adults in our society / \ 'f. i I GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 23, 2001 Honorable Bob Young Mayor of AugustaJRichmond Count~ 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is a check in the amoun(of $33,125.00 representing the final payments under the following Local Assistance Grants: Grant # 01-C-L-431 $18,750 c~-rVl e:0 Grant # 01-C-L-323 $11 ,250 ~/I) /:;"W Grant # 01-C-L-432 $ 3,125 IRMS/I/dll ere, If you have any questions, please call Bobby Stevens at (404) 679-4943. . SmC~relY~ 1:;don . Commissioner JH/cm Enclosure 60 Executive Park South, N.E. ~Atlanta, Georgia 30329-2231 ~ (404) 679-4940 www.dca.state.ga.us An Equal Opportllnity Employer * Recycled Paper EQUAL HOUSING ~ ' OPPORTUNITI L:J :-r1 I' ,- Bob Young, Mayor July 3, 2001 Honorable Jim Higdon, Commissioner Georgia Department of Community Affairs. 60 Executive Park South, NE Atlanta, Georgia 30329-2231 Dear Commissioner Higdon: Office of the, M~yor RDDrn 806, Municipal Building 530 Greene Street, Augusta, GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: rnayoryoung@cD.riclunond.ga.us RE: Local Assistance Grants Enclosed is the following Local Assistance Grant Request for Final Payment form for the following organization: ORGANIZATION CSRA Transitional Center Inc. GRANT NUMBER 01-C-L-432 Thank you for your continued assistance in the administration of Augusta's grant awards. f, " .:, " GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 LC,P,ENT, , CSRA Transitional Center, Inc. LA GRANT AGREEMENT NUMBER: Ol-C-L-432 LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT G:ENERAL 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: Bob Young, Mayor Name and Title 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 Exhi~it 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. Authorized Si ature l.( Date . ''';t. , f~;"" f~' j \- .' ~ ~ '" Application for Local Assistance Grant Local Assistance Grams are made pursuant to O.C.G.A. ~50-8-8(a) which provides in pertinent pare: "Th~ department shaD mak~ grants to ~/igible recipients or qua/ifi~d local governments. ,which grants ar~ sp~cifi~d by amount, recipient, and purpos~'in an appropria"tion to th~department" , 1. R(:cipi~nc idencified by the General Assembly in Appropriations Act: Au-gusta/Richmond County 2. Amount appropriated by Gene~ Assembly: $12,500" 3. Pu,rpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: , Contract for services with the CSRA Transitional Center, Inc. in Augusta/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. 50 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, case management, reFtitution and long-term followup (see attached grant proposal). , b.Please provide a budget for the proposed project. listing all revenues and expenditures. Project Revenues , Project Expenditures Local Assistance Grant $ 1 2 , 5 0 0 Local Govc. Other Total c. Provide expected project start up and project completion dates: . 07 _ Q.L_Q..L Beginning DIZI~ .QQ...-]JL ~ 2001 Completion Dille :il (-I " ." 5. Contact Information: Please provide the following contact information for the grant. Dr. Charles Bartnolomew, Director Name: Address: CSRA Transitional Center, Int. 1345 Druid Park Avenue City: Auqusta State: GA Zip: 30904 Telephone: 7 0 6 - 7 3 8 - 5 0 6 0 Facsimile: 70 6 - 7 3 6 - 4 1 2 4 E-mail: Name: " Address: ' City: State: Zip: leJephone: Facsimile: E-mail: 6. Cc:rtification I, Ime un~signed authorized representative of the loc:il,government described in this application, certify that to the best ~f ~. o:-v~dg.e, the information in this appli~tion is true and correct ~d the Local Assistance Gran~ subj.ect to this ,~ hcat 'wil e used for the purposes outlmed above. I further cemfy the local government desCrIbed m this ap' i uisite power and authority to expend funds for the purposes set forth herein. ' . /, a ~'ay. {<~ .. ~'a~\ \'"'~. Z7cZ/ / t1V .. , 08.15.2000 AU C. Aurhoriud &pm~~t/ltilJ~ Dau Charles Bartholomew; Ph.D. Na",,,, (pieas~ print) Direc:::tor TitJ~ For additional information or assistance, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Georgia Department of Community Affairs 60 Executive Park South, NE Acl~ta, GA 30329-2231 www.dca.state.ga.us 6/00 I ;, I l" GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS .. Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR Honorable Bob Young Mayor of Augusta 5:\0 Greene Street Augusta, Georgia 30911 September I, 200e CS~I77d ~: CCe- \ \ ..... Dear Mayor Young: The attached contract when executed commits state funds 111 the amount of $12,500 to A1Llgusta/Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contact. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning the two copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. The Department of Community Affairs is pleased to assist you and the General Assembly in the administration of this grant. If you have any questions, please feel free to call me or either Amy Hill at 404.679.3154 or Bobby Stevens at 404.679.4943. Sin~e:l~ ~igdOn Commissioner RECEIVED SfP 05 ZOOO Mayor's Office Augusta-Richmond County JH/cm Enclosure cc: Richmond County Legislative Delegation 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 ,- ~#~' ~ . " jl I _~ (j. Grant: N:o. Ol-C-L-432 " STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS 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 Augusta/Richmond County. a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient"). WHEREAS. the State of Georgia desires to promote the health and welfare of its citizens; and " WHEREAS. mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; and WHEREAS. the Department is authorized by the provisions of a.C.G.A !350-8-8 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 re'quisite 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 Proiect. The Department shall upon' the terms and conditions contained herein grant to Recip'ient. and the Recipient hereby accepts. an amount not to exceed $12.500 to be used solely for: the purposes specified in the attached Exhibit. A. which is incorporated herein by ,reference and made a part of the Agreement. 2. Accountability. The Recipient agrees to expend said funds solely in conformance with this Agreement and to account for 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 Depariment shall pay the Rec}pient in accordance with the following payment schedule: $9.375 Within ten days of the Department's receipt of the executed Agreement. $3.125 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $12,500 Total Disbursement 4.' Applicable Dates. The effective date of this Agreement is specified on page one. r-~ ..: \'"1;' ,1'.\. ~ Gran1t No. 01-C-L-432 .. Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials, agents and employees of the Recipient have not violated any applicable federal. state or local conflict of interest laws, ordinances. rules or regulations, including but not limited to. a.c.G.A. s45-1O-20 through S45-1O-28 and a.c.G.A. S36-67A(l) throughs36-67A(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 pave certified the same: 6. Enforceable and LegallvBinding 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 ofthe Recipient. 7. Monitorinl! and Auditing., Upon request, the Recipient agrees to provide the Depaltment 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 finandal statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient acknowledges and agrees that any' unresolved findings of the Department concerning expenditure of project funds. whether based on an audit report. financial statement. project completion report or independent investigation of the, Department. shall preclude the Recipient from applying for or receiving any further grants or other funds from the Department. until such findings are resolved to the, satisfaction of the Department. 8. Open Meetings. The Recipient certifies that in' approving this Agreement, it has complied with all the open meeting requirements of Chap,ter 14 of Title 50 of the Official Code of Georgia Annotated. ,9. No Al!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 Recipient is not an agent or representative of the Department. The Recipient shall be solely respoI.lsible for performing any and all obligations under this Agreement. . 10. Termination. The Department may terminate this Agreement, with or without cause, upon fiv~ business days written notice' to the Recipient. If at the time of tennination. any funds under this ~lfeement have not been disbursed to Recipient, said funds shall be retained by the Department. 11. Satisfaction. In the event the Department detennines. in its sole discretion. that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to comph~te all or a portion of the actions", required under the Agreement; (iii) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal, state or local law, ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement; upon request. " , II. ," Grant No. 01-C-L-432 , 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. l,. Sec. II, Par. VII. (b). Th.e "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). TIle words of this prohibition have their ordinary meanings. In Bennett, the Suprerrie 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 impOlts 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," "holdingsentiments 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 Colle!;e Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recip:ient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire A,E!reement. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise, other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. \ [Executions on following page] , . . , . ;i' !3rant No. Ol-C-L-432 Page 4 of 5 IN WJITNESS WHEREOF, the partfes hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT By: ~~ Attachments: Exhibit A, "Scope of Services" FOR THE DEPARTMENT OF COMMUNl1Y AFFAIRS By: / :<"\." i\/ ...... , . .. Grant No. OI-C-L-432 " Page 5 of 5 EXHmIT A The Local Assistance Grant shall be used Augusta/Richmond County to contract for services with the , CSRA Transitional Center, Inc. in Augusta/Richmond. . 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 Recipientwith a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that 'its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. ' . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or fal.lure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. i';' ,;STATE OF GEORGIA GRANT CERTIFICATION FORM ^s 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: certi'fication 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 ~opy of the annual audit report. Questions concerning the preparation and submission of this form should be referred to Local Government Audit Section of the Georgia Department of Audits and Accounts. Instructions for Completion 1. Complete lines A through K on page 2 of this form. Please note that one form should be used for, ~;h grant from the governor's emergency fund or from a special project appropriation. 2. The appropriate officials should sign and date the section entitled "Certification of Local Government Officials." 3. Attach Independent Accountant's Report. 4. Ml:ul the Grant Certification Form (including Independent Accountant's Report) with one copy of the audited annual financial report to: State of Georgia, Department of Audits and Accounts , Local Government Audits Division 254 Washington Street, S.W. Suite 322 Atlanta, Georgia 30334-8400 5. If the local government meets the eligibility criteria for an agreed upon procedures engagement in accordance with the provisions of the Official Code of Georgia Annotated Section 36-81-7, the local government is responsible for ensuring that the procedures performed by the independent certified public accountant are sufficient in scope to enable the CPA to complete the Independent Aceountant's Report. These procedures include examination of grant application and award documentation to become familiar with the terms and conditions of the grant; verification of receipt of grant proceeds; and evaluation of the local government's documentation of expenditures. The pur:pose of these procedures is to, comply with the provisions of House Bill 1364 requiring certification that the grant funds were used solely for the express purpose or purposes for which the grant was made. 6., Whether the local government engages an independent certified public accountant to perform an audit or perform the agreed upon procedures, for purposes of meeting the requirements of House Bill 1364 the independent CPA should ,be engaged to examine management's assertion of compliance with the requirement to use grant funds solely for the express purpose or purposes for which the grant was made. The independent CPA should conduct the engagement in accordance with the standards for examination engagements for compliance attestation contained in the Codification of Statements on Standards for Attestation Engagements. 7. This form and the accompanying Independent Accountant's Report is required to be filed with the statl~ 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 Fonn, or attestation engagements should be referred to Edward Blaha, Deputy Director, Local Government Audit Section, at the address listed above; telephone (404) 651-5115; fax (404) 651- 5608; or e-mail blahaef@mail.audits.state.ga.us ".1 :~'STATE OF GEORGIA GRANT CERTIFICATION FORM . A Local Government B Information For Year Ended I . C S tate A warding Agency , D Grant Identification Number E Grant Title F Grant A ward Date G Grant Amount H Balance - Prior Year (Cash Of Accrued Of Deferred Revenue) I Grant Receipts or Revenue Recognized J Grant Disbursements or Expenditures K Balance - Current Year (Cash or Accrued or Deferred Revenue) (Line H + Line I - Line 1) .. Certification of Local Government Officials :' I. I have reviewed the information presented above arid 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 pwpose 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 " , ; , -1- , ;, 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 resp<;msible for [name, of government]'s compliance with this requirement. Our responsibility is to express an opinion on management's assertion about the [name of government]' s compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Cl~rtified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name of government]'s compliance with this requirement and performing such other pr.ocedures as we considered necessary in the circumstances. We believe that our examination pmvides 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 afbrementioned requirement for the fiscal year ended [date] is fairly stated, in all material respects. ~ ,I, , . . GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 12, 2000 Honorable Bob Young, Mayor Augusta/Richmond County 530 Greene Street Augusta, Georgiaa 30911 Dear Mayor Young: I am pleased to advise you that $12,500 in Local Assistance Grant funds has been included in the Fiscal Year 2001 State Budget. A brief description 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 form and return it to my office. Once we have received and approved the application, we will forward a contract to you. We are delighted to assist you with your community development activities. If you have questions, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Thank you. i}:~ JIm Higdon Commissioner JH: bsa Enclosure EQUAL HOUSING.~ ' OPPORTUNITY L.:.J 60 Executive Park South, N,E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us All Equal Opportunity Employer * Recycled Paper . ",' NINETY DAY DIVERSON PROGRAM FOR AT RISK YOUTH AF'PLICANT: CSRA Transitional Center, Incorporated 1345 Druid Park Avenue Augusta, Georgia 30904 (706) 738-5060 Fax Number: (706) 738-4124 DATE OF , ,SUBMISSION: 25 January 2000 CONTACT PERSON: Charles Bartholomew, Ph.D. Executive Director PROJECT BUDGET: $143,627.00 ~[OUNT REQUESTED: $37,808.00 REQUESTED FOR: July 1, 2000-June 30, 2001 PROJECT DESCRIPTION: This is an Intensive 90 day diversion program (followed by 9 months followup) for poor, inner city, at risk children who present high risk behaviors that often result in delinquency, violence, drug dependency, incarceration, and death (as victims or perpetrators). Direct sercives will be provided to 40 youth, but it is anticipated that at least 150 individuals will be served indirectly. SinGe most of these children will be Medicaid 'eligible, over 90% will be from low to moderate farrnly homes. .,' 1 PROJECT SUMMARY Five years ago, a major gap was revealed in prevention services for at-risk children in this county by a group of concerned community members. In the second largest city in Georgia, not one community-based program was present that specifically targets children who come before the juvenile court system and are informally adjusted or formally/informally probated This led to the formation of the CSRATransitional Center, Inc.(CSRATC). TIllS organization's board of directors consists of individuals from the Deparunent of Juvenile Justice (DJJ, inciuding the Assistant Director for District 5~ Mrs. Health),. the Richmond County School System (including a School Board, member, Mr. Andrew Jefferson) and other institutions with powerful connections to other programs that help children and their families. Several years ago the CSRATC started serving children, through a small grant from the State of Georgia and the Augusta Richmond County Government (Community Development Block Grant Program) arid contract with DjJ~ 'This "se'ed money" allowed u5t6 open this center, purchase " equipment and'provide limited services to 150 children and their families. In July, 1999 we received $40.000.00 from the state, and this month $13,765.00 from CDBG. This allowed us to hire a small staff (case manager and part-time director) and provide all components of our 90 Day Diversion program to our target population. Weare asking you to continue your support of this effort, so we can continue to serve at-risk youth in this. community. A. Description of Need According to the most recent Georgia Kids Count Fact Book (1998.-99, Georgia for Clt,ildren, Atlanta, Georgia), 7,410 juveniles (ages 10 to 17) were arrested in Richmond County from 1995-1996. Thus making this- county fourth in the state for juvenile arrests. Of the four higbest counties identified (Le., Richmond, Fulton, Houston, Muscogee) for these arrests, Richmond County ranks first for percent increase (20.5) from 1992-94 to 1995-97. Of even greater concern is the increase in violent juvenile crimes locally. In an article published by the Augusta Chronicle on Februar-y 13, 1999, Chief Deputy Strength reported that youngstefS-arecommltting violent crimes more often than in the past. The increase in juvenile arrests from 1992 to 1997, disproportionate representation of African-Americans in this group, and presence.of multiple risk factors (such as poverty, teen births and dropout rate) in tIllS county, clearly reveal the need for more preventive services, that tar-get high risk children. B. Population Targeted Children from the 30901 and 30904 zip code areas. (inner city) of Augusta, Georgia who are given these designations by Juvenile Court. * Infornlally adjusted * Informally probated * Formally probated (for misdemeanors and nonviolent felonies) C. Description of Activities/Projects Referral SQurces The CSRA Transitional Center's primary referral source is Juvenile Court, but referrals-will a)so be accepted from these sources: * School System * Social Service Agencies * Parents' - '\, , ' .; Length of Program One year-per participant (which includes. a 90-Day lntaIsiveProgram and fullow-\lJl services). Number of Participants Receiving Comprehensive Program >It Minimum number per year is 40. * Each 90 day program will provide services to 10 children. (Anticipated number of children and families. who: receive. just screening,. referral and case management services is expected to be over 150.) Delivery of Services The individualized intervention program is planned by the CSRA Transitional Center to meet the special needs of the target group., This, program addresses each child's unique problems as, th~y relate to: ' , * Family dysfunction * Inadequate socialization * High risk behavior * School failure * Poor communication skills * Violent and delinquent acts Each child's intervention prevention plan includes, at a minimum: 1. Screeninl: - This activity focuses on identifying risk factors and developing an appropriate intervention plan for each child referred 2. Case Management - This program component provides the liaison services needed to parent, Juvenile Court, schools and other community-based agencies. 3. GroU\) Tbera\)v - This program is therapeutic in nature, and focuses on helping children wit4 these skills: - Listening - Apologizing - Understanding the feelings of others - Negotiating - Avoiding trouble with others - Dealing with group pressure - Making better choices - Starting a conversation - Knowing and expressing feelings - Dealing with fear - Using self-control - Keeping out of fights - Accepting responsibility for one's behavior 4. Individual and Family Therapy - This therapeutic program is offered on an "as-needed-basis" to address specific problems that cannot be handled in a group setting. 5. Tutoring - Tutoring services in basic skills and homework help are provided weekly to group , participants. 6. Recreation - This program gives each child/group participant an opportunity to be rewarded for his or her efforts. 7. Follow-up - Long-term follow-up is conducted on each child who participates in this program. Optional supportive services ~clude: - Repeating all or part of the 90-Day. Intensive Program - Referral to outside private practitioners for mental health counseling or medical consultation '. II' I":' , - Referrals to community-based mentor (e.g., 100 Black Men) - Referrals to community-based agencies (e.g., commwtity Mental Health Center, Health Department) - Intensive monitoring by Juvenile Court 8. Evaluation - This plan includes on each child: 1. Ethnicity 2. Age 3. Gender 4. Refenal Source 5. Length of stay in program 6. Outcome measures such as: a. Nwnber of behavioral complaints (e.g., suspensions and expulsions) by the school, that these participants had after completion of this program. This information will be compared to other , hil~IHisk children ~ho did. n?t receive th~ s~rvices of this program. b. Number of arrests of participants 6 and 12 months after completion of this 90-day program, in comparison to other high~risk children who did not receive this prevention/intervention service (obtained from Juvenile Court). ' c. Successful promotion to the next grade of participants at the end of the school term, in comparison to other high risk children who but did not receive this prevention/intervention service. D. Goals and Obje.ctives Program Goals ,1. Prevent delinquent youth from reoffending. 2. Provide early intervention and prevention services to at-risk youth. J. Increase delinquents' access to and involvement with positive and supportive adult role models. 4. Increase high risk youths' sense of empowerment in making good choices about avoiding delinquent behaviors. Objectives 1. To decrease juvenile crime inRichmond County. 2. To reduce the number of juvenile arrests in Richmond County. 3. To reduce the number of youth referred to the Richmond County Juvenile Court system for delinquency and unruly behavior. 4. To increase the delinquent youth~s ability to cope with daily problems. 5. To stimulate change in the availability of adequate resources that serve children who have a history, of delinquency. E. Implementation Schedule The entire program, for each child, lasts 360 days and starts with a screening (risk/need assessment), This process is followed by Case Management, individual, group and/or family psychotherapy, recreational activities, and long term follow-up services: Most of the referrals will come: directly from luvenile Co~ per the:. sentencing judge's directives. At a minimum, 40 youth will be served in this comprehensive program per year (every 3 months, 10 will be accepted into this program). It is expected, however, that at least 150 youth and their families will be counseled or monitored during this program's implementation. Individual, group and family psychotherapy services will be covered primarily by Medicaid/Private Insurance and delivered by Georgia licensed j': i,-&I providers. Ongoing contact with each child's probation officer or parent will be maintained throughout this 90-day program, and a surmruuy will be provided about the child's progress to the court if appropriate. The cSRA Transitional Center's staff is responsible for service delivery and the board of directors oversees this effort. :', '.. ,ei I' BUDGET NA.R.RATIVE L Personnel A. SalarieslW ages Director - Annual Salary of $6000.00, is based on 5 hours per week. Half of this salary is paid by Augusta Richmond County Community Development block grant program (CDBG). Secretary - Annual Salary $4,680.00 is based on 10 hours per week at $9.00 hourly. Intake Officer - Annual Salary is paid by the Department of Juvenile Justice Case Manager - Annual Salary of $18,720.00 is based on 40 hrs. Weekly. Approximately half of this salary is paid by (cDBG) Benefits - Estimated to be $1500.00 per year B. Regular Operating Paid through a combination of sources, including cBDG (from 6/2000-1212000), in kind donations and existing cSRATC materials/resources. C. Travel The Van to transport children to the center, and various cultural and recreational activities, is supplied by the Department of Juvenile Justice. This center's only obligation is to pay the driver and gas. D. Equipment - Computer - One computer will be purchased to keep track of the children who are referred to this center. - Software and technical assistance will be contracted from local vendors. - All other equipment belongs to the CSRATC or one of its partner (Augusta Behavioral Health Center, Augusta State University, Department of Juvenile Justice). E. Per Diem, Fees and Contracts for Direct Services 1. Tutors - The coordinator position will be filled by a certified teacher at an hourly rate of $15.00. Tutors will be provided by Augusta State University and Paine College. These tutors volunteer their services, ,but the CSRATc is responsible for the $10.00 application fee per child to the Literacy Center (Augusta State University). 2. Licensed Psychologists (Psychotherapy Services) - Paid through a combination of sources, including; Medicaid and Insurance. 3. Bookkeeper - Auditor - Part of these fees are paid through funds from CDBG. 4. Van Driver and Recreation Coordinator - This individual,provides transportation of group participants to various scheduled activities and is paid $8.00 per hour. One-half of his salary is paid for by CDBG. ' F. Telecommunications . . l' ~ i' This is paid partially through a grant from cDBG (011200 - 12/2000). ll. Agency Information A. Background The CSRA Transitional Center was incorporated as a nonprofit organization in 1994, and given nonprofit status in 1995. Its mission is toprovide,adVocacy, education and treatment for high risk children, in their struggle to become caring, responsible and contributing adults in society. Currently this agency provides all three of these services and has a caseload of 40 children (and their families) per year. Each program component is listed in the Project Summary. No license is needed to operate this organization, but all professional services offered (e.g. Group, Individual and Family Therapy) are provided by credentialed individuals. B. Staff positions include these individuals: Director - Charles Bartholomew, Ph.D. D~. Bartholomew is licensed as a psychologist by the State of Georgia and also ,ce.rt:med as a , School P-sychologist by the Department of Education. ' He was given a half-tiitle appointirientby the Richmond County School System in 1997 to spearhead the development of this community-based diversion program. For the past 5 years he has volunteered his time and resources to this project. With the funding of this project, he will devote a minimwn of 5 hours weekly to directing this initiative, supervising and training staff, developing collaborative relationships with other initiatives, monitoring compliance with CBDG directives and educating and training other providers and community members. Secretary - Ms. Annette Thrower Ms. Thrower has worked for Dr; Bartholomew for the past 1.5 years, where she has held the position of Office Manager. She is a retired Sergeant with the U.S. Army. c. Policy Manual- This'manual is currently being developed. D. Financial Operating Budget - The CSRATC currently delivers this initiative through: - Direct solicitations from tile community . - Volunteer Support - MedicaidlInsurance reimbursement (for psychotherapy services) - 3 Grants $5,000 Tutoring grant fromDJJ (to serve their identified cliellsts for 1/2000 - 612000) $13,765 Ninety - Day Diversion Program grant from CDBG (1/2000 - 12/2000) $40.000 Ninety - Day Diversion Program grant from the state (7/1999 - 6/2000) The fiscal year of this organization ends on the last day of December. E. Audit Requirements An internal or external audit (depending on the operating budget) is completed per year in April. m. Standard Required Documents A Articles of Incoraporation-Exhibit B · B. Non-profit Determination-Exhibit C ,C. List of Board of Directors-Exhibit D ,D. Reswne of Chief Program Administrator-Exhibit E 'E. Financial Statement and'audit-Exhibit F .~. ..., .' DETAILED BUDGET SUMMARY Exhibit A ,I I BUDGET ell. TEGORY REQUESTED BUDGET PROVIDED VIA APPROVED BUDGET A. PERSONAL SERVICES: Other Funding In-Kind 1. Sa.larles All Positions Part Time Sources Donations Proiect Director (Dr. Bartholomew) $3,000.00 $3,000 - (CDBG) Secretary (10 hrs.wkly x $9.00) $4,680.00 Intake Officer -0- 30,000 - (J.CourtJDJJ) Case Manager (40 hrs x $9.00 hrly) $10,400.00 8,320 - (CDBG) 2. Fl'inge Benefits $1,500.00 Sub -Total $19,580.00 , B. REGULAR OPERATING: 1. Postage and office suoolies $1,632.00 -0- 2. Snacks $1,632.00 1,632 (CDBG) 3. Re,nt $3,942.00 -0- 4. Utilities $1,200.00 - 0'- 5. Recreation $400.00 -0- 6. Rewards and IncenUves $200..Q0 1,000 - (CDBG) ~2~(Augusta Li{1ks) ,. , " ' '7. Bus Tickets .. , ' ,$100:00 ; I - 0- 8. ViCllence Prevention Videos/Independent -0- -0- 2,500 (CSRATC) Living Materials 9. Tutoring Fees $200.00 Sub - Total C. TRAVEL: 1. Val'! rental for recreation cultural awareness' -0- - 0-. 3.640 (DJJ) and restitution 2. Gas $450.00 300 - (CDBG) Sub - Total D. EQUIIFlMENT: 1. Computer , ,$1,000.00 - 0 - 6,000 (CSRATC) 2. Office eqUipment and furniture -0- - 0- 15,000 (ASU ASHC) 3. Software & Tech.Assistance $250.00 -0- Sub - Total E. PER DIEM, FEES & CONTRACTS: Tutors (Cert.Teacher x Tutorers) $3,900.00 -0- 1,500-(ASU) Licensed Psychologist -0- 30,000 - (Insurance/Medicaid Bookkeeper $1,000.00 455 - (CDBG) Van Driver and Recreation Coodinator $1,500.00 1,500 - (CDBG) Sub -Total F. TELECOMMUNCATION: Telephone Service (Locan, Long Dis. and Fax) $822.00 - 540 - (CDBG) Sub - Total .. , , GRANT LOCAL REQUESTED BUDGET: 37,808 76,747 29,072 , CDBG = Cormnumty Development Block Grant - Richmond County IJJ = Department of J uvcnile Court ,ugu&J1 Link:~ HockG)' TCllID ASU = Augustl State University'sLitenlcy Center ABHC = Augusta Behavioral Health Cei1ter .,- . ~ ~.... ~ ......:J ..-... ~..----- '., ,,' .~orporatipn.s iliui.sion "..~ite' 315, Dlest m'nwer, 2 :1Bl111rtin ~utl1er t.l\ing 11 r. ilr. Atlanta, <ieorgill 30334-1530 Exhibit B CONTROL NUMBER: EFFECTIVE DATE: COUNTY REF HHNC~ PRINT DATE FORM NUMBER 9504444 12130/1994 RICHMOND 0093 02/21/1995 311 CHARLES BARTHOLOMEW 1287 MARKS CHURCH ROAD SUI TE F AUGUSTA GA 30909 CERT I F I CAIE OF. I NCORPQRATI A" /, /'tAX CLELAND, Secretary of State and the Corporation Commissioner of the State of Georgia, do hereby certify under the seal of my office that CSRA TRANS I T I ONAl CENTER, INC. has been duly incorporated under the laws of the State of Georgia on the effective date stated above by the fi I ing of articles of incorporation in the office of the Secretary of State and by the paying of, fees as provided by Title 14 of the Official Code of Georgia Anno~atedi ' WlnlESS my hand and official seal in the City of Atlanta and the State of Georgia on the date set forth above. ~ C\Q\& MAX CLELAND SECRETARY OF STATE CORPORATIONS 656-2817 CORPORATIONS HOT LINE 404-656-2222 Outside Metro-Atlanta "'II 110-..., -<' ,"SR-( v' TRAN S IT ION AL CENTER, fNC. 1345 DRUID PARK A VENUE AUGUSTA, GEORGIA 30904 Mr. Carl Thorntoll President Dr. Charles Bartholomew Executive Director Mr. Eugene Clark Department of Juv,;nile Justice Dr. Verma Curtis RC School System Mrs. Carol Roundtree RC School System, Guidance Dr. C. Evans-Jo1U!.r Paine College Mrs. Judy Heath Departrrient Juvmile Justice Mr. AndrewJejferron RC Board Member Mrs. Jon Munn Community Advocrte ' Lt. Phillip Stacey , Medical College of Georgia Police Ms. Yvelta Terrell " Department of Juvenile Justice Mrs. Helen Jenkin, Community Advocate Mr. Leon Larke Attorney Ms. SteibJ Sullivan Juvenile Court PHONE (706) 738-5060 FAX (706) 738-4124 August 18, 2000 Ms. Lena 1. Bonner Clerk of Commission Room 806 Municipal BId. 530 Greene Street Augusta, Georgia 30911 Dear Ms. Bonner, Please find enclosed the signed agreement that you sent us several days ago and also a copy of our grant application. If you have any questions, please let us know. Sincerely, L'-.~a "-"~~;\~--:D. 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 aduhs in our society c- . I:' I " ,j STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ay of ~IY~ 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 CSRA TRANSITIONAL CENTER hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of Cowaunity Affairs and to Augusta a proposal to provide certain services as set fort:h 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 $12,500.00 (the "Funds"), to be paid to Organization upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the Organization agrees to perform the following services, which Augusta has determined renders a substantial benefit to its citizens, to wit: To provide proc;;rrams for the disadvantaged, thereby promoting public health and safety. 1 ~ , . .f; ~ 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; 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; 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 ~nd to account for such Funds in accordance with generally accepted acccunting principles. 2 ,- {' ~ Ji4r !' ,if 4. The Organization shall hold harmless and indemnify Augusta, its Dfficers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation pro'iTided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. ThE~ Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement~ even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. 5 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. 5 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 5 3 A . . a.! to :; " 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 (19B2) . "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 af faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "or<;ranization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. Organization certifies that Augusta has made inquiry of 4 ~. ... ~ , " J '-1. ,. ,Orgianization as to whether it is "organized out of belief in God or other supt:!rnatural beings" and Organization hereby certifies to Augusta that it is not so ,)rganized 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 a~y 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. c? I,~JI: qw As ATTEST: CSR1, TRANSITIONAL CENTER ORGANIZATION By: C1,....,..~J.o~....~~....)-~:)~\;>. lIS its ~Jl~ ~~ ATTEST: Title: Sworn to and subscribed '1/i[m~thS ~8 o~gY of :..: "';, ' ~ -~ ary Public'. ~ .,,;I;1Y .G:ommJs's-i6'n Expires: '~~, PUbUe"Aid'~d Co - My Go~tS8ion'9xp/res Aprtr~~rgfa-At-L.alue 5 ~_ '(~- f':~: -" . lit- ,. 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 October 18,2000 Dr: Charles Bartholowmew, Executive,,Directqr, ' CSRA Transitional Center, Inc. ' ' 1345 Druid Park Avenue Augusta, Georgia 30904 Dear Dr. Bartholomew: Enclosed is a check in the amount of $9,375 representing 75 percent of your fiscal year 2001 State Appropriations under the Georgia Department of Community Affairs Local Assistance Grant Program. Should you have any questions or need any additi?nal information, please feel free to call. Enclosure: & Jt 'J (hm' J -' ' I. 'II ,(J)7' .'~{I. ~tcu .~;io-(l'-J:lf(Jg Application for Local Assistance Grant Local Assistance Grancs are made pursuant to O.C.G.A. ~50-3-8(a) which provides in pertinent part: "The department shall rruzkegrants to eligible recipients or qualified local governments, which gr-ants are specified by am,ounr, recipient, and purpose in an appropriation to the department" 1. Recip iem identified by the Gene:al Assembly in Appropriations Act: Ril:hmond County 2. AmOUnt appropriated by General Assembly: , $5,000 " '3. PutpClse of the Lad Assistance Gl"..I1t as specified by the General Assembly in me Appropriacions Act: Operating funds for the Augusta Task ForceJor the Homeless in Richmond County 4. Informacion Required by me Department of Community AffiUrs for Award: a. P1C::l.Se provide a detailed desdpcion or me projec::. location. type or work to be initiated. and for what purposes the funds ;Lwarded through chis grant would be used. Acrach additional pages if necessary. ' b. PIc::'se provide a budget for the proposed project, listing ail revenues and expenditures. Project Revenues Project Expenditures Lod Assistance Grant .' ~ 5 i () (') G. o ,0 1> S.COO. L.ocal GoV!. I Other Total c. Provide expected project start up and project completion dates: - - --- B~rinnjn! Diltz CiJmp~riDn Diltz '. .'; 5. Concacc rnformacion: Ple-..!ie ?rovid:: ,he roiIowing contact informaciDn for the grant. Name: 'Shu.'fh','l (,,,,'.\&5. Cc\Awe\~ Address: \), 0 1/?,;~'1.. ,'1. -:l. S - '~OS~I. ~ ,~-''1:D"3 Cicv: L\: I<'-h. . \J ' Telephone:: 1'111. - \1:) Sq hc.simi1e::\ '11.\ - q 1 \ q Scace: ('.,..A. Zip: 30q rJ -=<. E-mail: C'+fh (QJ te\ISal..cfh" \'let- Name: Address:, City: Scace: Zio: Telephone: hc.sirnile: E-mail: 6. Certification I. the undersigned authorized representative or the local governmenc described in chis application, certify chat co the best of knowledge. the information in chis application is eme and corrc:c:: and the Local Assistance Granc subje::c a plica n ill be used ror the purposes ouclined above. I further cc:rcirf the local government described in re~uisite? wer and authority ro apend funds for the purposes set forth herein. Bob DIZU ShaCL,\ (-h:lc\<:. C'-L~WC\\ Name (plase ?ri7lr) f't) Tide For additional informacion or assistance. plc::1Se contact Amy Thompson ac (404) 679-3154 or Bobby Scevens at (404) 679-4943. 5/99 RECEIVED i GEORGIA DEPARTMENT OF i I r STA-RICHMOND COUKtY COMMISSION) i AUG 3 0 1999 COMMUNITY AFFAIR Jim Higdon COMMISSIONER August 27, 1999 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: The attached contract when executed commits state funds in the amount of $5,000 for operating funds for the Augusta Task Force for the Homeless. \ I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contact. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. '\ If, after reviewing the agreement, you wish to proceed please execute it by signing and returning two copies to me. I will then sign for the Department and retl1l'l1 a copy to you along with a check representing the first payment. The Department of Community Affairs is please,! 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. U:lf~ Jim Higdon Commissioner JH/ja Enclosj1re cc: Richmond County Legislative Delegation ~- /!Jr;-~-tftJf . "'1S:t' 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 EQUAL HOUSIN(; _ OPPORTUNITY - www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper AUGUSTA-RICHMOND COUNTY COMMISSION- BOB YOUNG Mayor JAMES B. WALL CITY ATTORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: JWall@cD.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 Tern CHARLES R, OLIVER, P E, CPA Administrator MEMORANDUM To: Augusta Taskforce for the Homeless From: James B. Wall Date: September 9, 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 concern~. The first concern is for funds for a grant to a local government for the-~enefit of an apparently private organization. He concluded that the grants should be authorized only when the loeaf government re,;ipient makes the funds available to the private entity in the form of a contract for services. In addition, thle contract must show the scope of services and how the scope of services is in aid ofa lawful activity whose benefit to the County is substantial. The previous contract which we have used with private entities, which you may have already signed, meets the first requirement, i.e., it is a contract for services; however, I am concerned the DCA may reject the earlier contract because it does not clearly show the scope of services as being in aid of a lawful activity with a benefit substantially to the County. Therefore,] 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 ~tilized. The second concern was the '~9nstitihional prohibit,ion against paying funds tQ,"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 fol' your organization being eligible forth~,~r..antfunds. 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 oHler'that they may be returned to me. Further, if YOIU should have any questions concerning either the scope of services or the certification, please call me. ~ .~= , '( . Grant No. OO-C-L-408 STATJi; OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS . THIS AGREEMENT entered into this 25th day of August 1999, 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 "Recip:lent") . WHEREAS, the State of Georgia desires to promote the health and welfare oUts citizens; and WHEREAS, mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; and ' WHEREAS, the Department is authorized by the provisions of a.c.G.A. 950-8-8 to grant and admirulster 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 $5.000 to be used solely for the purposes specified in the attached E?iliibit A. which is incorporated herein by reference and made a part of the Agreement. 2. Accountability. The Recipient agrees to expend said funds solely in conformance with this Agreep1ent 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 FuDds. Subject to the availability of funds for such purpose. the Depart;~ent shall pay the Recipient in accordance with the following payment schedule: $3.750 Within ten days of the Department's receipt of the executed Agreement. { $1,250 Upon receipt by the Dep'artment of written certification of project completion in accordance with this Agreement. $5.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. :;.' - -r;: .. i" " Grant No. 00-C-L-408 Page 2 of 5 5. Confficts of Interest. The Recipient warrants' and represents that all of the officials. agents and employees of the Recipient have not violated any applicable federal. state or local conflict of interest laws. ordinances. rules or n~gu1ations. including bu~ not limited to. O.C.G.A. ~45-1O-20 through ~45-10-28 and O.C.G.A. ~36"67A(l) through !336-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of 'this Agreement. Additionally. the Recipiient attests that all officials of the Recipient have certified the same. , 6. Enforceable and Legally Bindinl! Act. The Recipient certifies that it is duly organized. validly.existing and in good standing under the laws of the State of Georgia; that it has all the requisite power and authority to enter into this Agreement and to assume the responsibilities herein including the expenditure of funds; and that all necessary actions have been and will be taken in confOlmance with all applicable laws to make this Agreement and actions hereunder valid. enforceable and legally binding acts of the Recipient. 7. Monitorinl! and Auditing. Upon request. the Recipient agrees to provide the Department with any information. documents and/or photographs the Department deems necessary to monitor performance of this Agreement. The Recipient .agrees to maintain proper and accurate books. records and accounts reflecting its administration of Agreement funds and compliance with all applicable laws. Such documentation shall be retained for at least three years from the completion of said project and shall be made available to the Department upon request. The Recipient further agrees that an accounting of these funds shall be included in the next regularly scheduled audit or financial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient acknowledges and agrees that any unresolved findings of the Department concerning expenditure of project funds. whether based on an audit report. financial statement. project completion report or independent investigation of the Department. shall preclude the Recipient from applying for or receiving any further grants or other funds from the Department. until such findings are resolved to the satisfaction of the Department. . 8. Open Meetinl!s. The Recipient certifies that in approving this Agreement. it has comphed with all the open meeting requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated. : 9. No AIlency or Partnership. Nothing herein nor any actions of the parties hereto or their agents or employees shall create any, agency relationship. partnership or joint venture. between the Department and the Recipient. The Department is not an agent or representative of the Recipient and the Recipient is not an agent or representative of the Department. The Recipient shall be solely responsible for performing any and all obligations under this Agreement. 10. Termination. The Department may terminate this Agreement. with or without cause. upon five business days written notice to the Recipient. If at the time of termination. any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. 11. Satisfaction. In the event the Department determines. in its sole ,discretion. that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (1ii) has acted in any way contra:ry to the purposes for which the grant was awarded; or (1v) has violated any federal. state or local law. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. " , - l' .. Grant No. OO-C-L-408 Page 3 of 5 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through priv;;lte 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). Th,e "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett u. City of LaGrange. 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally. without reference to such beliefs and practices. 1988 Op. Att'y Gen. 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. Qr. 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. "Sec,t". "cult" and "denomination" also 'relate to "a distinct organization." with "a common system of faith." "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization." but may also mean a "custom. practice. relationship. or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signifieation." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement. it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it. and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement constitutes the entire agreement among and , between the parties. There are no representations. oral or otherwise. other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in Writing.' [Executions on,.. following page] '. Grant: No. OO-C-L-408 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. By: IP 7 ,uJ) Attachments: Exhibit A. MScope of Services" FOR THE DEPARfMENTOF COMMUNITI AFFAIRS By: '- ~": ..~ Grant: No. OO-C-L-408 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Richmond County for operating funds for the Augusta ' Task Force for the Homeless 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 senrices. The senrices must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. ~. ~l STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into thi~ ~ 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 AUGUSTA TASK FORCE FOR THE HOMELESS, INC. (hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of Cow~unity 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 Orgc,nization accepts, the sum of $5,000.00 (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 Org~nization agrees to perform the following services, which Augusta has determined renders a substantial benefit to its citizens, to wit: To provide for the public health of the homeless. 1 ~ 1 Augusta has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: o Police and fire protection; o Garbage and solid waste collection and disposal; ,~ 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; o Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; o Codes, including building, housing, plumbing, and electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. 2 ~ i 4. The Organization shall hold harmless and indemnify Augusta, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement. with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 50-14-1, et seq.) if the Organization receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). Organization shall cooperate fully in responding to such request and making all reccrds, not exempt, available for inspection and copying as provided by law. 7. Organization certifies that it is a tax exempt entity under ~ 3 " ':l ... 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 1:he universe. The American Heritage Dictionary Second College Edition 1044 (19B2) . "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 corrunon system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "or9anization," but may also mean a "custom, practice, relationship, or behc,vioral pattern of importance in the life of a corrununity or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. Organization certifies that Augusta has made inquiry of 4 " ,.; t Organization as to whether it is "organized out of belief in God or other supf!rnatural beings" and Organization hereby certifies to Augusta that it is not so ()rganized' 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 reinlburse to Augusta any monies paid pursuant to this Agreement. IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. ATTEST: Title: AUGUSTA TASK FORCE FOR THE HOMELESS, INC. ORGll.NIZATION BY:~~~rck- Sworn to and subscribed before me this i5~ day of N~r:,c"a~9: · My Cj'I'!TI;~ ~I:;'~ .,~r.e. '~615D . :;, ~ : = .;~." ~~\ ~~~: .~ ~ -. j,.. ..:-: '- ~ .! ~'...:: 1/ '., "'l.. .............._ ~_...... ....,,'1- ~ '~1'r.:-"- ",.,f'- $' < -.:r~~ ~e'~~.'I\~~ ;...<.\..~~\ 5 10 Office of The Clerk of Commission Lena J. Bonner, cIVic 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 30, 2000 Ms. Sha!on Caldwell, Executive Director Augusta Task Force for the Homeless 325 Eighth Street Augusta, Georgia 30901 Dear Ms. Caldwell: Enc:1osed is a check in the amount of $1,250 representing [mal payment of your FY2000 State of Georgia' appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program. If I can be of further assistance, please feel free to call. Very truly yours, rh'it;{)I~ Lena J. Bonner, Clerk of Commission Enclosure: AUGUSTA-WCHMOND COUNTY COMMISSION 036703 FRANT DESCRIPTION ?,O: NUMBER INVOICE NUMBER INVOICE AMOUNT NET AMOUNT 081800 1,250.00 0.00 1,250.00 . - . , , " " , , - I , ; CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 036703 08/25/00 1,250.00 0.00 1,250.00 ___u~~ __n~. ;-fJ2~~~G,tJsji"~G'~"~R:MEENn.i~..'.'rE'~"'.:.'stJ'~"T~_"'~R.~_'E~_~.",.,:',',:,.,:"".D.D"",;,',,,,:,";":";"~"."~"'.~'~"""_~""~"'U":""::"'"~.,.~,.",',.,^.',',',:.,r',~,.",..'"c,',:,',>,.,;,.,:,:,'" '::':"::"n "---:':'Z:j~:~!-~'~~};~~';~'> "~ ~:~}:':: ':~~: ..".'....:~'..' '''~'~'::',':,.'l'':..~i1<.,~~;'."i1.''''~;~:'~2~~~;;"'''' c,;~'.s::.!i':~~.' = "' "":."" .' ".,:, :':'CHECK,DA~-;;i>:i~.,~.;,eHECK{~~:~:;~:'f,?f*.;)P~AMOUN'F GUS~~~~~~;~~~~!~1;:;' g:~it~~~~*;* *$:~,.250 .,00 -~~i . '-' ..":"., ~, .. .' '~:',:!':<;i;;\:' <'..- . ,-,.:.r7i 7i'*;.*, *'*'.* *'*-'*~****'~~.** ?c:~.*~*7-1f,*.* *.* *** *" * * *** * **.* * *,* * *.*.$1,,25 OANDNOCENTS I~'$~~ii~~~~~' ~q~CE !~1~1~;)'," ", ""1~:~~~.,~:;;~:,rrtA, .-,-'-":-:' .1"'.'-.....-,' ~W~~?t~-,.o . .. .' .:~;~{~~.~~~..';{'i~~;/~~~.~ :.....". .",':..' : ~-:~~.c..~:- ~~1~i!Pl~~;"<(RE~;r~Nl BANKOF:'~~'ORGIA: ,,,; AUGUSTA. GEORGIA .( ...:-:: "I 0 j I; 7 0 3 III I: 0 b 1. 1. 0 1. 3 7 5 I: I; a ) 0 ~ 4 a ) g ... :II J'J' .' t,; 'G' '0/ '-,\,"'1/ ~(\i>T L.. ~.. ~ H~~)~II~s (706) 774 -1059 fax (706) 774 -9719 PO Box 1925 , 325 Eighth Street (30901) Augusta, GA 30903 e-mail: atfh@be1lsouth.net, Included in this packet: Certificate of Incorporation Letter Documenting 501 (c) 3 Status Board of Directors Membership-at-Iarge AUGUSTA TASK FORCE for the HOMELESS Sharon Childs Caldwell Executive Director 325 Eighth Street Augusta, GA 30901 706-77 4-1 059 fax 706-774-9719 Helping individuals and families in disadvantaged circumstances achieve a sel/sufficient lifestyle. ~ \:.!.. L.' &. }.I....." ....,,,,......, ~ ;..... ~ . -- . -.' -. o ~ g.u.Jte 315, itnt'st mrlluc'r 2 iUnrtitt ili'utl1t~r ilo(ing 3'Jr. ~r. l\tl&ut;t, {h)cL1tgin 3033q.-1530 CONTROL NUI".BER; EFFECTIVE DATE: COUNTY REF ERENCE PRINT DATE FORM NUMBER 951]022 05130/199,5 RICHMOND 0070 06/02/1995 311 ; JULIE CHILDS MCLAIN & MERRITT 33~O PEACHTREE ROAD, NE, SUITE 1250 ATLANTA GA ' 30326-1075 CERTIFICATE OF IHCO~PORATION I, MAX CLELAND, Se<,:retary of S tate and the Corpor<lt i on COi/lm i ss i oner of the State of Georgia, do her:eby certify under the seal of my office th;;lt AUGtiSTA TASK FORCE FOR THE HOMELESS. INC. has been duly incorpora~ed under the laws of the State of Georgia on the effective date stated 'above by ~he fi I ing of articles of incorporation fn the office of the Secretary of State and by the p<Jying of fe.es as provided by'Title 14 of the Official Code of Georgia Annotated. \'I'lTNESS my hand and official s,e:al in the City of Atlanta and the State of Georgia on the date set forth above. ",: '." ;.... . ~ ..... (' , "~ : {\Q\c\; -'< . ',' '. ",/'.:... .'. ...~':' .. :-: .., . . ~~-:--.... b~-f G~ '1f(~ O>>>..~,._~ 0''' l!~\..~\..;.;\, ' ..~,,,. -----2~ -Cl'" I "'f:r-.w.... ," ~ t~ -;-.: &>.~l....~ ' ~,(/> t 5;}~" , ''''Y' ~~ ~'.t..J > f,J , ~V~ ~'"'f .. " l6-9.~..;! .:1 ' =-~-~~ ., ~c-~i'7'7'6' . '~2~ v MAX CLELAND SECRETARY OF STATE .. ~ .......... - ' .~. 1 COR?O'U T IONS 656-2817 CORPORATIONS HOT LINE 404-656-2222 Outs1de Metro-Atlanta 20 'd IEqJ.7.~7.vnv 'nN l<JJ~ r r I }.j}.j:jLI '>l I\I I f-Il:lU OT-hT n~M ~~_nT_nnu . :1; rN1ERNAl; REVENUE SERVICE DISTRICT DIRECTOR 401 W. PEACHTREE ST,NW ATLANTA, GA 30365-0000 DEPARTMENT OF THE TREASURY [ratfr: MAR , 5 199GJ Employer Idfrntiflcation Number: 58-2187000 Ca Sf' NumbE'I~: 585332062 AUGUSTA TASK FORCE FOR THE HOMELESS INC C/O WILLIAM GALLOP PO BOX 2001 AUGUSTA, GA 30903 Contact Pt:rsi:<T1: EP/ED CUSTOMER SERVICE UNIT Contact Tt?lephone Number: (410) 962-6058 Accounting Period Endl~g: Decf'mber 31 Foundation Status Classification: 50'9(a) (1) Advance Rul ing Period Begins: May 30, 1995 Advance Rul ing Period Ends: Decfrmber, 31, 1999 Addendum AppllE's:- Yes [I€:'ilr Appl icant: (~ ,,;3 Bas~d on information you suppl ied, and assuming your operatioris Hi I I be as statt?d inydur appl ication ,for recognition of eXt:mption, H~ have determined you an~ exemptfroDl federal ,inC(lme ta>: under secti':ln 501(a) ,:,f thi:: Internal,Revenu\2 Code ~s an organization described. in s~ction'501(c) (3)~ Because you are ~ neHly c,reated organization, He are not now making a final determination of your foundation stat~s under settion 509(a) of the,Code. Howe~er, He Ilave detfr~min~d that you can reasonabl~ expect to be a publ icly S\1pp.:.rtt:'d organ izaticln dp.scribed in st?ctic<ns fr09(a) (1) and 170(b) (1) (A) (vi). Accordingly, during an advance rul in9 period you wi I I be treated as a publ icly supported orga~ization, and not as a priv~te foundation. This advance Ful ing period b~gins and ends on the dates shown above. . ' Within 90 days tlfter the end (.f your adva'nce rul ing period, you must send us the information ne~ded to dete~mine whether you have ~et the re~ui~e- ments of the appl leablfr support test during the advance rul ing period. If you E'stab I ish that ~'(,u have bet:.n a pub I i c i y supported I.;.rgan i zat i on, HI? Hill c i CI~.S i- f)o' you as a section 509(a) (1) .:.r 509(a) (2) organizi'ltioTI as long as YCIl! continue to meet the requirements of the appl icable support test. If you do not meet thE' pub!;c support r",'quirements during the advancfr rul ing ,period, ~IE' Hi II classify you as a private foundation for futurfr periods. Also, ,jf HE' classify you as a private foundation, He wi I I trfrat you as a private foundation from your beginning date for purposes of section 507(d) and 4940. Grantors and contributors may rely on our determination that you are not d pri'.:ate fo'unctation unti I 90 days after the end of ~'I)ur advance rul ing period. If you send us the requiredi~formation Hithin the 90 days, grantors and contributors may continue to rely on the advance determination unti I He make a final determination of your foundation status. Letter 1045 (OO/CG) ,-J ' 'J~-l' I\i lriJ'01 '"'1'\(1/ i(ii\Ti · WA H~om~I;;'~ PO Box 1925 325 Eighth Street (30901) Augusta, GA 30903 (706) 774 -1059 fax (706) 774 -9719 e-mail: atfh~bellsouth.net AUGUSTA TASK FORCE for the HOMELESS 325 Greene Street Post Office Box 1925 Augusta, GA 30903 (706) 774-1059 Executive Board of Directors President Term expires ]2/31/99 Amanda Gray Executive Director Interfaith Hospita]ity Network 3130 Skinner Mill Road Augusta, GA 30909 (706) 739-0360 ' Vice President Term expires 12/31199 Michele Canchola Executive Director Goodwill Job Connection 3] 20 Peach Orchard Road Augusta, GA 30906 (706) 790-8500 Treasurer T enn expires 12/31199 Richard Tuchscherer Executive Director Catholic Social Services P.O. Box 2823 (Arsenal Ave.) Augusta, GA 30904 (706) 733-7700 Secretary Term expires ]2/3 ]/99 Lynda Suarez Homeless Housing Coordinator cSRA EOA, Inc. ] 26] Greene Street Augusta, GA 3090] (706) 738-4874 Volunteer Board members receive no compensation from ATFH ATFH BOD page 2 Mem bers-a t-Ia rge: Sevi Roberson , Cheri Brown Rebecca Wallace . Reno Law Sharon Holmes .' Joyce Holloway . Armen Boyajian Barbara Howell George Foster Lola Johnson ,Phylis Holliday Sheryl Hudson Cathy Jackson Stephanie Green Daniel LaDow Carrie Garrett ' Christ41e Abney Vicki C. Johnson Gary Billingsley Wendes Jones Dorothy Merritt Doris Cook-Pearson Norma Pardo Vanessa Wingfield Grace Hammock Butch Giusto Ann McGruder Brad Littleton 12/98 Russell Barrett Mildred I vey Connie Friend Don Hairston Andrew Davis Kathleen Barnhart William DeHaven 06/06/2000 11:55 7067749719 ATFH -; /lLQt(A 1ASK ~a<a; ~~e Hom_ltlll .. Sharon Childs Caldwell, Executive Director Phone: (706) 774- J 059 Fax: (706) 774-9719 E-Mail: atfh@bellsouth.oet, . PO Box 1925 325 Eighth Street (30901) Augusta, GA 30903 TO: Lena J. Bonner , Augusta Richmond County Clerk of Commission Sharon Childs Caldwel~ Executive Director ,1,1 FROM: DATE: June 6, 2000 RE: DISCRETIONARY FUNDS REMAINING BALANCE Please accept this letter as the necessary request for the Augusta Task Force for the Homeless (A TFH) to draw down the remaining balance of funds from our $5000 1999 Discretionary Funds (awarded through the office of Senate Majority Leader Charles Walker). According to our records~ the ATFH has a balance of $ 1250. Questions? Please feel free to contact me at 774-1059, 9 a.m. - 5:30 p.rn. Thanks, Lena, for your continued support! PAGE 02 JlLGUSTA TASK ~mc~ fo~ lhe Homlll.. PO Box 1925 325 Eighth Street (30901) Augusta, GA 30903 ~ Sharon Childs Caldwell, Executive Director Phone: (706) 774-1059 Fax: (706) 774-9719 E-Mail: atfh@belIsouth.net Mrs. Lena Bonner , Commission Clerk Augusta Richmond County MuniCipal Bldg. (8th Floor) . 5 30-GreeneStreef Augusta, GA 30911 August 1, 2000 Dear Mrs. Bonner: ,Please accept this letter as the Task Force's request to draw down its balance of the 1999 Governor's Discretionary Fund. Accordmg to our records the ATFH has an unused balance of$1250." As always, thank you for your continued support and cooperation! Respectfully, /~~~&rL '. Sharon Childs Caldwell Executive Director OUR i\IISSIOi'i: The Augu,sta Task Force fo~ the Homeless is a community coalition linking people to resources- " ,: ending homelessness - one person at a time. ,.,-f Office of The Clerk of Com'mission Lena J. Bonner, CMC Ci'erk 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: August 18,2000 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards This check represents [mal payment of Augusta Task Force for the Homeless' FY2000 Local AS8istance Grant No. 00-C-L-408 appropriations. Please issue an Augusta-Richmond County check to the Augusta Task Force for the Homeless for the stated amount. Should you have any questions or need any additional information, please feel free to call. Thank you for your continued assistance. Enclosure: Check ," ~ ,,:. c;"', ':';'.'4,,-;.;-.., , < ' ...~...".,~~~.I:]fnl~:'~~f.t m}\...i\.:u.,...,.,.~:,',:,.,.,.."i"_.,:,,.,,',..:.,.,..,.,. . ~:!~~i~~~t~t.!iJt,~\j;;;;;\~~,;'7;; """',', ,d'. .~~../_. "'~,A""" ,,' ~ ~ ...,'...~",.,." i:i;1J%~iJJ~4:i:~i,j~ii;[;%i;~;;~~;::,'~~~!i..;~~c1f~;~d ...S~~~t~~~(~{)~~i;,~~;~~f~.... ':;,-\,t<:'-));~i,7rSTAtE::bF GEOR'GI~':?:J'H:::~nk~ ..:;; 'DEPARTMENT OF COMMUNITY AFFAIRS'::""'::,'?: ' ' ",;' ,60 EXECUTIVE PARK SOUTH ,N. E.' >>/::'; ,c," :'~:...;" . ATLANTA, GA 30329-2231' "~"..'~ ..... .+-:'. .r,..,.., ":?-:+:-'~::' 't:'-;::' 1:/610' :.:~;;;~r.:;;, ':..~Ji:>, -.:,',.:"'" . '.~X,~:;, '~;;~0 ' ".:[:7;:;;:. :;'~~'~j.~. ",:+~/,~,~;t~: ' : '..--." .~. l__ :;'r~~fi[~ff ;" ' ,'OOO()(E~9837;.{' " '. ':trt~'ChgcJ(No '~,:,::,;~~:e;:~ V~~d~~ N~;:;fooOD 0)3727 , . . . _ ";':it.;.~\~1:~?~:::':,..". ;;'~Ji1/~;'~;~:{ ~'." ,;-.r::';' .;, ,-~...', .:-,'.'::1,;,;.':"", "<'B\)K::"..", $1.250, 11100000 ~ ga ~ 7111 1:0 b .0000 .01: 07 0.7 L. b 511- Page 001 OF 001 Vendor No: 0000013727 VendorName~-RIcHMOND COUNTY " STATE OF'GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS ATLANTA, GA BANK 1100-1000 Check No; Check Date; Check Total: 000003983 07/26/20C $1.250. C INVOICE NUMBER ()72400125000 INVOICE DATE ' GROSS ,AMOUNT 1,250.00 DISCOUNT TAKEN , AMOUNT PAID ~J ~~~, ~ '~~ '~M~~' 07/24/2000 '000013710 '6- \ ~-D9 0.00 1.250.0 \ \ \ /01000000 33/1110 --0 c- -y ~.'i .1:' . Office of the Mayor Bob Young, Mayor Room 806, Municipal Building 530 Greene Street, Augusta. GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us June 6, 2000 The Honorable Jim Higdon, Commissioner Georgia Department of Community Affairs. 60 Executive Park South, NE Atlanta, Georgia 30329-2231 RE: Local Assistance Grant Dear Commissioner Higdon: Enclosed is the following Local Assistance Grant Request for Final Payment form for the following organization: ORGANIZATION Augusta Task Force for the Homeless GRANT NUMBER OO-c-L-408 Thank you for your continued assistance in the administration of Augusta's grant awards. ( Enclosures: -1 ~~ .':'" GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 Augusta Task Force for the Homeless RECIPIENT: LA GRANT AGREEMENT NUMBER: OO-,C-L-408 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 L-\G grant number at the top of this form. 'The grant recipient is the entity th;t 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 Thompson at (404) 679-3154. Authorize Si ature This is to request fma1 payment on the Local Assistance Grant of the above ~eferenced 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. r further certify that all funds provided oy this grant have been spent in accordance with the terms and conditions of the Agreement and that a the information stated herein is true and accurate. CERTIFICATION: Bob Young, Mayor Name and Title Date -' ..' '.. . . -..' GEORGIA DEPARTl\iIENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER July 27,2000 Honorable Bob Y olJng, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear MayorYoung: Enclosed,is the final payment in the amount. of $1,250 under Local Assistance Gram #nO-C-L-408 to Augusta-Richmond County. If you have any questions, please call Amy Biil af (404) 679-3154. Sinc.crelY., { . . . /\.;,>-- ~~ lI~gdOn Commissioner ", JHlcm.. Enclosure RECE~\!ED ~ !1l1 3 1 2000 i.> August" ('.\' "r'" ",'" " fl' '1'\"V cr-M..\...,\;~.: \i.J: il~' '..:",d l~~. ZeU Miller 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 ~" ) /- 4 I Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: July 10, 2001 SUBJECT: Department of Community Affairs' Local AssistaQce 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: ORGANIZA TION GRANT NUMBER GRANT AMOUNT Easter Seals of Georgia 01-C-L651 $1,250 Delta Leadership 01-C-L-426 $ 4,000 Augusta Ballet ,Ol-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. Enclosures: ,j' r ,;(: " -. . ---- -- - -- - . - .;:..~ .. , '.', AugustcbRicbmond.~Coun:w.- Finan(::e"Department Memt) ora: State Grant Recipient IFram:AI Denis, Grants Manager lee: Tammy Strange IDate: 06/08/01 ~ Re: Monitoring and Auditing In accordance with grant agreement 2L-C-L-65/, 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 '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 f()r 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. " Within 90 days of receipt of state funds, the department will contact yo~ 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 ~e. ~DIc../~~Ic" Telephone No. (JOl.,)101o7-9Iolfr' (Please print) . " Address I SOO W(LL~S boro Roa-ol (04') p. o. B(J~ O-~'-f'\ . , ~~~~) G~' 3oCjo3 . Page 1 I' AUGUSfA-IRIC:HMOND COUNTY COMMISSION 057485 CDESCRIPTION 'P,O. NUMBER INVOICE NUMBER., n INVOICE AMOUNT , NET AMOUNT 3RANT 01CL651A' 1,250..00 0.00 l,250~00 '. " , " .. , -- .. .. ,.., ..' , ~ CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 057485 07/13/01 1,250.00 0.00 1,250.00 PAY ,To;iHEd" ' :b,~~ES~~~ ,;!.~:+i'i (?~~;;~7" , ,~.:~' ~\..~' .J...... i~;~~1}>>' REGlbN$,BANki0,F;'GEORGIt,\', ;::;~.~~~;:ii"' AUGUSTA;,GEORGIA', " I ~ . III O' $;~~~j!;f~li~~t~~~~~~mw' " rAUGUSTA' GEORGIAi:'" ", '" ...,;I~l*ti.t1'i;~~ t(~[~;lli,'\ :i 1110 5 7 L. 8 5111 I: 0 b 1. 1. 0 1. 3 7 51: I; 8 30 1. L. 8 3 g L.1I1 i.. < f, OFFICERS H, Scott Allen Chairman Merle Temple, 1st Vice-Chairman Mayclare :Scherer 2nd Vice-Chairman Natalie Schweers, Secretary George Goddard, Treasurer Sheila H, Thomas, President/CEO BOARD OF I'IRECTORS H. Scott Allen Larry Babbitt Phil Caldwell Alvin Dickson Alice Frye, Ph.D. George Goddard Steven H, Johnson James Jones Jacquelynn W. Moore Julian Osbon Elliot PricE' Donald B, Porter T. R, Redd'l Mayclare ~;cherer Natalie Schweers Barry Smith Deborah Taylor Merle Temple Jeanne TrE'nteseau, Ph,D, Biagio Vericella, Ed.D. Maydean Wells Robin Williams Hon. Bob Young HONORARY BOARD OF [IIRECTORS Don Berry Pat Blanchard Frank Dennis, III Harold Faulkner Dick Fox David Hud:son Sam Pursley Hubert Reeves Creating solutions. changing lives. Helping people with disabilities gain greater independence June 4,2001 Easter Seals East Gear ia 1500 Wrightsboro Road P,O, Box 2441 Augusta, Georgia 30903 (706) 667-9695 voice or tdd (706) 667-8831 fax '-866-667-9695 toll free E-mail: info@esega.org Ms. Lena 1. Bonner Augusta-Richmond County Commission Room 806 - Municipal Building 530 Greene Street Augusta, GA 30911 RE: Local Assistance Grant Year 2001 State Budget Dear Ms. Bonner I would like to request that the $1,250 remaining Local Assistance Grant money be released to Easter Seals at this time. The technology improvements made possible by this grant have been completed. Thank you for your help and assistance in this matter. Please call me should you have any questions, concerns or would like to tour our facility. I have attached a copy of the original budget for technology improvements for your review. All items are now in place and being used. Thank you again for giving us the ability to improve our technology so that we can in turn provide more efficient services to people with disabilities. SATELLITE LOCATIONS: P,O, Box 1836 Thomson, Georgia 30824 S' I (706) 830-1481 mcere y,. & P.O. Box 86 ~ Jr Garfield, Georgia 3042' (~ (912) 682-6146 . Laurie L. Cook Statesboro, GeorgIa (912) 682-7511 Director of Development ,,' ,'. Of" . ....1... n_ ,~ .','. . '_; '; ,'. ~. C,f ,; ; /::. . ~ .-; ; ~ ,f'" . ~ <.. i..~";::, :~, ','..:1" ..:: _: ::' '-.' ";; >;::.; , ',' __. ~ -I " . '-1 ;',. . ." ~i'.i'''/~'~.':, 3~:.~.t~.i.;;.'.'. L-~:'::.;: :j"':..'.: ~ ~/;.~j~: ~~ : ; I' .' '. :; -~ ~_; 1 \' "':": : '-'t.;. './. Peg',. 001. OF 00,1 Vendor No: 0000013727 , Vendor Name; AUGUS TA- RI cHMDND' cDUN.TY, ~ " " INVOICE NUMBER , " ,DT-C-1,-6?,l, '"'. .,,:'. ....; .....,:...,..... , , . ;:STATE OF'GEORGIA' DEPARTMENT' OF' COMMUNITY AFFAIRS;' 'ATLANTA,' GA, , ", 'BANK' t10D~ 1000 : ,GROSS , AMOUNT .:-\ -.... ,:1 :, 0000048821 . 06/29/2001 ,$l,,2~O',OO, " " Check'No:' , ..,: ',Check'Date: Chec~, Total: . ....~ .'~.i ..i\ ~~ '~{' 1",250', DO "0,.00, ,1',250:.00. ..;.. . .~ "C': -, , , , I r 'I I I . i I j I I I i i , \ l I i, ..' ,.... ". " "';,' ,'.1 ..\ ")0' ""~"''''';''''''''''';W''''::'i':i.w<''':;''in:''''''~_''~.b~'! 07 01.7 ~b 511- ,11-00000 ~882 .111 1:0 b 1.0000 1.01: Ii l! _fG ~ ........1:. .y/ . ~ " "I' GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 3, 2001 ~onorablE: Bop Y01,lng, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: Enclosed is the final payment in the amount of $1,250 for Local Assistance Grant #01-C-L-65~ to Augusta-Richmond County. If you have any questions, please call Bobby Stevens at (404) 679-4943. Sincerely, Q~JJ:#~ Jim' Higdon Commissioner JH/j a . Enclosure 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 Office of the Mayor ? .~ Bob Young, Mayor RODm 806, Municipal Building , 530 Greene Street, Augusta, GA 30911 ;,;;! (706) 821-1831 - FAX (706) 82l-1835j~~ E-mail: mayoryoung@co.richmond.ga.us.. ~ June 13,2001 Honorable Jim Higdon, Commissioner Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329-2231 Dear Commissioner Higdon: , Enclosed is a request for fInal payment for the following organization: Oraanization Easter Seals East Geor . a. Grant No. 01-C-L-651 As always, we 'appreciate your continued assistance in the administration of Augusta's grant awards. " ,. ) ./ / I /, // i' C' ' " Easter RECIPIENT: ' ..-.. ~!.~.~ ,'~.:']Ii/ \~) ",l '> '~ . '.. ",- . -', GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E.'. Atlanta, Georgia 30329-2231 Georgia Easter Seals LA GRANT AGREEMENT NUMBER: Ol-C-L-651 LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT This form is to be completed once you have fulfilled the sc'ope 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 comer of the grant agreement. GENERAL INSTRUCTIONS: The certification statement below must be signed by the Chief Elected Officia,l or by someone who is officially authorized to sign on the recipient's behalf. Please return the form to the above listed address. If you have any questions, please contact Bobby Stevens at (404) 679-4943 or Amy Hill at (404) 679-3154. . This is to request final payment on the Local Assistance Grant of the above referenced grant number. In making this request, I hereby certify thai: the "Scope of the Project" as identified in Exhibit A of the above referenced Grant. Agreement number has been completed. I . further certify,that all funds provided by this grant have been spent in accordance with the terms and conditions of the Agreement and that all the information stated herein is true and accurate. CERTIFICATION: Authorized Silgnature . Date i' ..."'" ...-.... i j.'"", 4a. Information requested: Funds will be used for a variety of improvements to the technology available to Easter Seal clients and staffas follows: a) Install an analog port on the phone system to accommodate $ 500.00 a TDD (telecommunication devise for the deaf) to allow those Hearing-impaired consumers to communicate with us. b) Upgrades for memory and soundcards for computers already $1;200.00 in operation. This will extend the life of existing technology. c) Purchase of as mall copier. $ 875.00, d) Service and repair of 2 Apticoms (existing vocational testing equipment used in client services to assess .: ._._ "~_v9cati.Qlli1L~J~tiwg~,)n~er~~t~3.,I1d egll.cationa.Ldeyelopmnet for those We serve.) ; Replace two foot pedals and one set of interest panels for Apticoms. Other technology enhancements to systems and equipment. $ 825.00 e) Five user software package for data management $1,600.00 4b. There will be no revenues generated from these expenditures. TOTAL $5,000. J!- - ,;..__._,---~.- ~--- --- ---=---""---;-_.- Office' of The Clerk of Commission' , , Del::ember 4, 2000 Ms. Shelia Thomas East Georgia Easter Seals ,P.O. Box 2441 Au'gusta, Georgia 30904 Dear Ms. Thomas: Lena J. Bonner, CMC Oerk of Commission Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 Nancy Morawski DeputY Clerk , ' Enc:losed is a check in the amount of $3,750 representing 75 percent of your FYOO-01 State of Georgia appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program. Upon completion of your project as outlined in your grant application you can request through this office in writing final payment of this grant award, which will be forwarded to DCA on your behalf. If! can be of further assistance, please feel free tocall. Very truly yours, 45ti~ Clerk of Commission Enclosure: AUGUSTA.R~ICHMOND COUNTY COMMISSION 042880 ::;:::::fi;:g,~*:::f:::;:: """",',,/,!"~i.>Es(:RIPTION*~Mm',''''''; ::;::::;;:1~~;:::~~::~~\~:::/{:,::: ::::::.::::::~~*~ N"P.O;~NUMBER?': '/INVOICE'NUMBER?':' ,,'%'WINvoICE"AMOUNT?%,:{} ::\.;:;:~;::i@~::;:@::::::::::~::~*~:~~:! ~;i~~X~~$,::::::;;.: "'NET(AMOUNr!\,~:',;" 3RANT 0 1 CL 6 5 1 3 , 7 ~ 0 0 0 0 0 0 3 , 7 5 0 0 0 . : :.. " - -" .. . .. ... - ,- ,. -- .. .. ., ,- ." '., .. . . " "" , . "- CHECK NUMBER " CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 0 42 8 8 0 1 ') / 0 1 / 0 0 3 7 5 0 0 0 0 0 0 3 7 5 0 0 0 .. , , 1110 L. 2 a a 0 liD.: 0 b i. J. 0 1. 3 ? 5': b 8 jOlt L. 8 1 1:1 ~ III \t::' ... '( 'r '., ,;.~_..-. . -t.. ~ "' ":..,;;,~.-;...~"" : Application for Local Assis,tance Gr~t- ~; .r, ... Local Assistance Grants are made pursuant to O.c.G.A. ~50-8-8(a) ~hich provid.~ in percinen"t p~t:, _"_ "The department shall make granti to eligible recipients or qualified local governments, which grants are specified by amount, recipient, and purpose in an appropriation to the department" , , 1. Redpient identified by the General Assembly in Appropriations Act: Aligusta/Richmond County 2. Amount appropriated by General Assembly: , $5,000 3. Purpose of the Local Assistance Grant ~ specified by the General Assembly in "the Appropriations Act: , Technology improvements for East Georgia Easter Seals in AugustaJRichmondCounty , '''{ j'" 4. InE.JClnation'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 thro'ugh this grant wo~ld be used. Attach additional pages if necessary. '. ~ ,\ " :. '\ " , :. ~....... ~;... See Attached ......., .. .. ; ~ \.-.~ b. l'lease provide a budget for the proposed project, listing all revenues and expenditures. . J. ... ~ . Project Revenues Project Expenditures Local Assistance Grant See Attached , Local GoVe. Other Total c. Provide expected p'i'oject start up and project completion dates: ~Jctober 15. -20c0 &ginning Dau June - 3) - 2001 Completion Dau , O' . :i ' ': f , .~. , >' :"6': '.; ~ . ..~ . . .' .. '?' . -......,- -,-~.....~~:-.... .... ..~~. .j , ' ., ' ~:'\':f't" 7~~.'p'~ .' 5. ':,~iitact Information: Please provide the following conta~t information for the gr~nt. "'-':-:..T',":. S1eila H. ll1aras ,Name: .....,..... Address: 1500 Wrightsbaro Road, ' P.O. Box 2441 -'1'" '. " City: Auqusta T.l h (700) 667-9695 ~e ep one: State: Geai0Jia Zip:, 3rna3 E-mail: stharnggesega. arg . Facsimile~7oo) 667-8831 4' -,.- ,Nicole [):!ll' AriD '..Name: " Address: 15)) Wrightsbaro ~d, P.O. Box 2441 <::ity: Augusta : , ';' T. I h' (700) 667-9695 , ~e ep one: State: Georqia Zip:300CX3 E-mail: ndelJ@3sega.arg F "1 (700) 667-8831 aCSlml e: ' - 4"6. uCertification Authoriud &pmmllltilJe 1 /().~ ~ I ~7~ .QL - =:LI: - 00 , Date .sn~'l ta H- ~~ Name (pkase.print) 'PrtfSlc\q V\.+- lao , Title For additional information or assistance, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (4Q4) 679-4943. Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, GA 30329-2231 www.dca.state.ga.us 6/00 . ,.' ': , ".......... '.' _. +,,4..d~ +' '.. '. .,. ..-,~ .~ .-.A..~~, +:" :,j~~_ . .:.' . , ,'.:~?::,~:?~~}~.i~;:~~:.:>_,} . .. ".,,;"::;:C~{~:;,~~A-a:,:InfQ~ation r~quested: Funds will be used for a variety of improvements to the ,.'. :~~"';':tj;:, technology available to Easter Seal clients and staff as follows: ". ,a) , Install an analog port on the phone system to accommodate $ 500.00 " a TDD (telecommurucation devise for the deaf) to allow those '" Hearing-impaired consumers to communicate with us. .. 1;. ....- b) Upgiades for memory and soundcards for computers already $1,200.00 in operatio~. This will extend the life of existing technology. , c) Purchase of a small copier. $ 875.00 ,,. ," d) ; Service and repair of 2 Apticoms (existing vocational testing equipment used in client services to assess, , 'vocational aptitude, interests and educational developmnet for those We: serve.) ; Replace two foot pedals and one set of interest panels for Apticoms. Other technology enhancements to systems and equipment. $ 825.00 .',. ..- :-e) Five user software package for data management $1,600.00 ..!~ .... '"-! ,.: ~b. Thei~ will be no reveimes generated from these expenditures. TOTAL $5,000. .... ~ ~~~.;.-E" . . ' ,I I , ~~' ';: ~ ~ Application for Local Assistance Grant Local Assistance Grants are made pursuant to a.c.G.A. ~50-8-8(a) which provides in pertinent part: "The department shaD make grants to eligible recipients o,r qtudifiedlocal governments, which grants are specified by amount, recipient, and purPose in an appropriation to the department" 1. Ri:cipient identified by the General Assembly in Appropriations Act: Augusta/Richmond County 2. Amount appropriated by Gene~al Assembly: $S ,009 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Technology improvements for East Georgia Easter Seals in Augusta/Richmond County 4. InformationRequired by the; Department ofCommuniryAffairs 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 wo~ld be used. Attach additional pages if necessary. . - See Attached " b.Please provide a budget for the proposed project, listing all revenues and expenditures. Project Revenues Project Expenditures Local Assistance Grant See. Attached Local Govt. Other Total c. ,Provide expected project start up and project completion dates: . October 15. -2ffi) Beginning Dllte June - 3) - 2aJl Completion DIlU Name: Sheila H. llnTas 5. Contact Information: Please provide the following contact informacion for the grant. Address: 1500 WrightsbaroFbad, P.O. Box 2441 City: Auqusta (706) 667-9695 Telephone: Fa ' '1 (700) 667-8831 cslml e. Name: Nirole Dell' AriD ' ,Address: 1500 Wrightsbciro Road, P.O. ,Box 2441: City: Augusta 'T' I h (706) 667-9695 le ep one: Facsimile: (706) 667-8831 6. Certification ,State: ~j.a Zip: 3ffi03 E-mail: sth:m3~.arg State: Georqia Zip:3CBCX3 E-mail: ndelJ@.esega.arg Authorized &preuntativ~ 5n~', ta tt, :\1U~ Name (pkas~print) Y(c.'.s I cl ~ V\.+- / QO , Title Dau For additional information or assistance. ' please contact Amy Hill at (404) 679-3154 or BobbyStevens at (404) 679-4943. Georgia Department of Community Affuirs 60 Executive Park South, NE Atlanta, GA 30329~2231 www.dca.state.ga.us 6/00 " 4a. Information requested: Funds will be used for a variety of improvements to the technology available to Easter Seal clients and staff as follows: a) Install an analog port on the phone system to accommodate $ 500.00 a TDD (telecommunication devise for the deaf) to allow those Hearing-impaired consumers to communicate with us. b) Upgrades for memory and soundcards for computers already $1,200.00 in operation. This will extend the life of existing technology. c) Purchase ofa small copier. $ 875.00 d) Service and repair of2 Apticoms (existi~g vocational $ ~25,00 " testing equipment used in client, services to assess, ," vocational aptitUde; interests and edticationa1developnihet for those we serve.) ; Replace two foot pedals and one set of interest panels for Apticoms. Other technology enhancements to systems and equipment. e) Five user software package for data management $1,600.00 4b. There will be no revenues generated from these expenditures. TOTAL $5,900. " STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~'f4.day of tilt IY%: 2000,' b,etween 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 EAST GEORGIA EASTER SEALS hereinafter referred to as i:he, "Organization") ; WI TN 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 fort:h 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 ~s agreed as follows: 1. Augusta agrees to appropriate to the Organization, and the Organization accepts, the sum of $5,000.00 (the "Funds"), to be paid t'o Organization upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration' of such appropriation of the Funds, the Organization agrees to perform the following services, which Augusta has determined renders a subst~ntial benefit to its citizens, to wit: To operate pro~rrams to assist the handicapped and disadvantaged, thereby promoting pub~ic 1 '?' 'i' heal. th . 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 ~~ general law including but not limited to the following: o Police and fire protection; ~ o Garbage and, solid waste collection and <?~sposal;.' 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, recr~ational areas, programs, and iacilities; o Storm water and sewage collection and disposal systems; o Development, storage, treatment, purification, and distribution of water; o Public housing; o Public transportation; o Libraries, archives, and arts and sciences programs and facilities; o Terminal. and dock facilities and parking facilities; o ,Codes, including building, housing, plumbing, and -electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for ~uch Funds in accordance with generally accepted 2 ~" . 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 .:<ccordfng 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 o,r undertaken any'legal duties as to the Qrga'nization,Qr others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any :information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State' of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A., ~ 50-14-1, et seq.) if the Organization receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating to this Agreement and the services to be provided under the Gr~nt may be a public record subject to Georgia's 'Open Records Act (O.C.G.A. S 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 '" ' .' 7. Organization certifies that it is a tax exempt entity under ~ 501 (c) ,of the Internal Revenu'e 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 trec,sury, directly or indirectly, in aid of any church, sect, cult, or religious ~denclinination, or of ,any sect,arian ,l'nstitution:", This' "S,ectat,ian' Aid"'. ,clause prohibits the performance of a public function through a contract for services bya religious organization, even, if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of LaGrange, 153' Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982) . "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which. distinguish it. "Institution" may have a similar meaning related to "organization," but 'may al'so mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionpry Second College Edition 666 (1982). In other'words the grant"recip~ents may not contract for services with any entity organized out of belief' in God, or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any enti~y organized out of belief in God or other supernatural beings. 4 9. Organization certifies that Augusta has made inquiry of Orgalnizationas to whether it is "organized out of belief in God or other supe,rnatural beings" and Organization hereby certifies to Augusta that it is not so e,rganized 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 1;:0 the , " Orga~izafi6n, iaid 'fbnds shall be retained by the~~ity.", 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. By:~djlljAp~~ As l t s '1LL4..L *I~~~;' A!~~~;, Sworn to and subsq;;ibed before me this ~day of ~~ , 2000. , ;2jrLll~e ~~' ~:y Pub lC My Cornrnis,sion Expires: , ?/~O/t)1- o.iP ~y: :,gw ATTEST: EAST GEORGIA EASTER SEALS ORGANIZATION .5 . ~ '..,:? .;-. ~s~~~~:.:r:~,~Y:.:t{ , . . . ~ . .' I . . !:';.::,~,::Y:/ . ", j " ":',: / ,.' .,..... .: (;::::~'r~1 '-. '."', ", -.,.: , , . !4,-' :::-:7 , , / Office of The Clerk of Commission July 18, 2000 East Georgia Easter Seals 1500 Wrightsboro Road ,Augusta, Geor~~a 309J 1 Dear SirIMadam: Lena J. Bonner, CMC Clerk of Commission Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 Nancy Morawski Deputy Clerk ,": Enclosed is' an application form from the Georgia Department of Community Affairs regarding the Local Assistance Grant from Fiscal Year 2001 State Budget, which was awarded to your agency through the efforts of our local Legislative Delegation. Please complete the highlighted areas on the form and return promptly to my attention at the following address. Also, please execute the enclosed contract between your agency and the city. .,;.;', , .. ;...;;,;;.... Lena J. Bonner Clerk (jfCom~ission's Office Room 806 Municipal Building 530 Greene Street Augusta, Georgia 30911 Should you have any questions or need any additional information, please feel free to call. Very truly yours, ~ Lena J. B nner, , Clerk of Commission Enclosures: AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY A TIORNEY , P. O. Box 2125 454 'GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: Jwall@co.richmond.ga.us LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM ANDY CHEEK RICHARD L. COLCLOUGH WILLIAJ'\1 B. KUHLKE, JR. STEPHEN E. SHEPARD MARION WILLIAMS CHARLES R. OLIVER, P E, CPA AdmJolstrator WM. "Wfi..LIE" H. MAYS, III Mayor Pro Tern MEMORANDUM To: East Georgia Easter Seals " 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, 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 y~lu should have any questions concerniri~ either the scope of services or the certification, please call me. -' (,.Ii prant No. Ol-C-L-651 STATE OF GEORGIA COUN1Y OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS Tms AGREEMENT entered into this 26th day of October 2000. by and between the Department of Community Mairs of the State of Georgia (hereinafter referred to as the "Department") and Augusta/Richmond County. a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient"). WHEREAS. the State of Georgiades ires to promote the health and welfare of its citizens; and 'WHEREAS. mutual cooperation and assistance between the state and its political subdivisions is benencial 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.g50-B-B 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 ente! 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 Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts. an amount not to exceed $5.000 to be used solely for the purposes specified in the attached Exhibit A. which is incorporated herein by reference and made a part of the Agreement. :~. 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. :J. 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: $3.750 ' Within ten days of the Department's receipt of the executed Agreement. $1,250 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $5,000 Total Disbursement 4L Applicable Dates. The effective date of this Agreement is specified on page one. ,.-;' ,Grant No. 01-C-L-651 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 1345-10-28 and O.C.G.A. 1336-67A(l) through 1336-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the . term of this Agreement. Additionally. the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Lef!allv Bindini! 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. 'Monitoring and Auditinf!. Upon request. th~ 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 t<? 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 fmancial 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. :3. 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. !~. No Agencv or Partnership. Nothing herein nor any actions of the parties hereto or their agents or employees shall create any agency relationship, partnership or joint venture. between the Department and the Recipient. The Department is not an agent or representative of the Recipient and the Recipient is not an agent or representative of the Department. The Recipient shall be solely responsible for perfonning 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 tennination. any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. ' 11. Satisfaction. In the event the Department determines. in its sole discretion. that the Recipient: (1) has failed to comply with the terms of this Agreement in a timely manner; (H) has failed to complete all or a, portion of the actions required under the Agreement; (Hi) has acted in any way . contrary to the purposes for which the grant was awarded: or (iv) has violated any federal. state or local law. ordinance or regulation, the Recipient shall be required to retuD1 to the Department all , funds dtsbursed under this Agreement. upon request. ./' Grant No. Ol-C-L-651 '\ 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 Tor 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 neutrallly, 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" corlnotes faith ihGod,' 153 Ga. at 43:3. or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionaiy 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, re1ationshjp, 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 oJrganized 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 fa.ilure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 1l3. Entire AHreement. Tl;lis Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise, other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. . [Executions on following page] . Ii GrC',nt No. Ol-C-L-651 t Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT By: Attachments: 'Exhibit A. ~Scope of Services" FOR TIlE DEPARfMENT'OF COMMUNI1Y AFFAIRS By: Jim Higdon. Commissioner Grant No. Ol-c-L-651 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta/Richmond County for technology improvem~nts for East Georgia Easter Seals in Augusta/Richmond County: ' · If the preceding statement of purpose designates a private program or entity for accomplishing its purpose. the purpose must be accomplished through a contract for services by the named private entity. or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity. such as improvement of a facility. Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. ' · To iillustrate. suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society.s papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. · It is a responsibility of Grant Recipient to se~ 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. ::~' ..;. >\ ... /. , Grant No. Ol-C-L-651 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 October 2000. by and between the Department of Community Mfairs of the State of Georgia (hereinafter referred to as the "Department") and Augusta/Richmond County. a political subdivision of the State of Georgia (hereinafter. referred to as the "Recipient"). WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; and WHEREAS, the Department is authorized by the provisions of O.C.G.A. 950-8-8 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 hereiri 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 $5.000 to be used solely for the purposes specified in the attached Exhibit A. which is incorporated herein by referepce 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: $3.750 ' Within ten days bf the Department's receipt of the executed Agreement. $1.250 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $5.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. ~:, G:'ant No. 01-C-L-651 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials, agents and employees of the Recipient have not violated any applicable federal. state or local conflict of interest laws. ordinances. rules or regulations. including but not limited to. O.C.G.A. 1345-10-20 through 945-10-28 and O.C.G.A. 1336-67A(l) through 1336-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally. the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Legallv Binding Act. The Recipient certifies that it is duly organized. validly existing and in good standing under the laws of the State of Georgia; that it has all the requisite power and authority to enter into this Agreement and to assume the responsibilities herein including the expenditure of funds; and that all necessary actions have been and will be taken in conformance with all applicable laws to make this Agreement and actions hereunder valid. enforceable and legally binding acts of the Recipient. 7. MonitorinJ! and AuditinJ!. Upon request. the Recipient agrees to provide the Department with any information. documents and/or photographs the Department deems necessary to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate books. records and accounts reflecting its administration of Agreement funds and compliance with all applicable laws. Such documentation shall be retained for at least three years from the completion of said project and shall be made available to the Department upon request. The Recipient further agrees that an accounting of these funds shall be included in the next regularly scheduled audit or financial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient acknowledges and agrees that any unresolved findings of the Department concerning expenditure of project funds. whether based on an audit report. financial statement, project completion report or independent investigation of the Department, shall preclude the Recipient from applying for or receiving any further grants or other,' funds from the Department. until such findings are resolved to the satisfaction of the Depai'tment. 8. Open MeetinJ!s. The Recipient certifies that in approving this Agreement. it has compIied with all the open meeting requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated. 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. : 11. - Satisfaction. In the event the Department determines. in its sole discretion. that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (iii) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal. state or local law. ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. f Grant No. 01-C-L-651 " 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). TIle words of this prohibition have their ordinary meanings. In Bennett. the Supreme Court indicated that "religious" connotes faith in God. 153 Ga. at 433, or. as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification. and imports an organization for religious purposes. for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization." with, "a common system of faith." "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization." but may also mean a "custom, practice. relationship. or behavioral pattem of importance in the life of a community or society." The American Heritage Dictionary Second Colle€;e Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement. it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably neces;5ary to enforce it. and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. ' ,! 13. Entire Agreement. This Agreement constitutes the entire agreement among and between the parties. There are no representations. oral or otherwise. other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing., [Executions on following page] j' '. Grant No. 01-C-L-651 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT By: Attachments: Exhibit A, "Scope of Services" FOR THE DEPARTMENT OF COMMUNITI AFFAIRS By: . i r. i' Grant No. 01-C-L-651 Page 5 of 5 EXHmIT A The Local Assistance Grant shall be used by Augusta/Richmond County for technology improvements for East Georgia Easter Seals in Augusta/Richmond County.' . Ifthe 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. TIle services must provide the Grant Recipient with a substantial benefit. · To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term, Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. · It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. /. lr STATE OF GEORGIA GRANT CERTIFICATION FORM , As required by House Bill 1364 of the 1998 Session of the General Assembly, each grant of state funds to a local government from the governor's emergency fund or from a special project appropriation shall be conditioned upon the receipt by the state auditor of a properly completed grant certification form. One Grant Certification Form should be prepared for each grant awarded to the local government. The Grant Certification Form{s) should be submitted to the State Auditor with one c,opy of the annual audit report. Questions concerning the preparation and ~;ubmission of this form should be referred to Local Government Audit Section of the Georgia Depa.rtment of Audits and Accounts. Instmctions for Completion 1. Complete lines A through K on page 2 of this form. Please note that one form should be used for ~m~ grant from the governor's emergency fund or from a special project appropriation. 2. The appropriate officials should sign and date the section entitled "Certification of Local Government Officials." 3. Attach Independent Accountant's Report. 4. Mail the Grant Certification Form (including Independent Accountant's Report) with one copy of the audited annual financial report to: State of Georgia, Department of Audits and Accounts Local Government Audits Division 254 Washington Street, S.W. Suite 322 Atlanta, Georgia 30334-8400 5. If the local government meets the eligibility criteria for an agreed upon procedures engagement in accordance with the provisions of the Official Code of Georgia Annotated Section 36-81-7, the local government is responsible for ensuring that the procedures performed by the independent certified pu~blic accountant are sufficient in scope to enable the CPA to complete the Independent A<;colintant's Report. These procedures include examination of grant application and award documentation to become familiar with the terms and conditions of the grant; verification of receipt of grant proceeds; and evaluation of the local government's documentation of expenditures. The purpose of these procedures is to comply with the provisions of House Bill 1364 requiring ce:rtification that the grant funds were used solely for the express purpose or purposes for which the gr.mt was made. 6.. Whether the local government engages in independent certified public accountant to perform an audit or perform the agreed upon procedures, for purposes of meeting the requirements of House Bill 1364 the independent CPA should-be-engaged to examine management's assertion of compliance with the requirement to use grant funds solely for the express purpose or purposes for which the grimt was made. The independent CPA should conduct the engagement in accordance with the standards for examination engagements for compliance attestation contained in the Codification of Stiltements on Standards for Attestation Engagements. 7. This form and the accompanying Independent Accountant's Report is required to be filed with the state auditor in conjunction with the annual audit for each year in which grant funds are expended or remain unexpended by the local government. 8. Questions concerning the provisions of House Bill 1364, the State of Georgia Grant Certification Form, or attestation engagements should be referred to Edward Blaha, Deputy Director, Local Government Audit Section, at the address listed above; telephone (404) 651-5115; fax (404) 651- 5608; or e-mail blahaef@mail.audits.state.ga.us i i STATE OF GEORGIA GRANT CERTIFICATION FORM o A Local Government B Information For Year Ended I I C State Awarding Agency D Grant Identification Number E Grant Title F Grant Award Date G . Grant Amount H Balance - Prior Year (Cash or Accrued or Deferred Revenue) I Grant Receipts or Revenue Recognized J ,Grant Disbursements or :.Expenditures K Balance - Current Year (Cash or Accrued or Deferred Revenue) (Line H + Line I - Line J} Certification of Local Government Officials I have reviewed the information presented above and certify that. it is accurate and correct. I further certify that the proceeds of the grant award identified above were used solely for the express purpose or purposes for which the grant Was made. I understand that failure to comply with the provisions of the law applicable to this grant award shall result in a forfeiture of such grant and the return to the state of any such grant funds received. Signature of Chief Elected Official Date Signature of Chief Financial Officer Date /~ 4 \i' . ;;' '\ Independent Accountant's Reaort We have examined management's assertion included in the accompanying State of Georgia (3rant Certification Form about [name ofgovernment]'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 resp?nsible for [name of government]'s compliance with this requirement. Our responsibility is to express an opinion on management's assertion about the [name of government]' s compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and,. accordingly, included examining, on a test basis, evidence a.bout [name of government]'s compliance with this requirement and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on [name of government]' s compliance with the specified requirement. La 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 rl~spects. GEORGiA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR November 27,2000 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: Enclosed is a check in the amount of $36,750 representing the first payment under the following Local Assistance Grants: Grant No, 0 l-C-L-449 Grant No. Ol-C-L-651 Grant No. 01-C-L-652 $18'000~J JJh. j/iIb/.iR~ $ 3,750 '.[i;it)f. ~~- . $15,000 ~~ Also enclosed are copies of the executed contracts for your files and Local Assistance Grant Request for Final Payment Form. This form must be completed and returned once you have completed your project and expended the full amount of the grant funds, Upon receipt of this form we will issue the final payment. Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an e~planation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Amy Hill at (404) 679-3154, Sincerely, Q~~~ Jim Higdon Commissioner JH/ja Enclosures eQUAL HOUSING.~ OPPORTUNITY L:..I 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679.4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper GEORGIA-DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER r-.....----. Ro)' E. Barnes GOVERNOR October 26, 2000 RECf~~ :r-r") Honorable Bob Young Mayor Augusta/Richmond County 503 Greene Street, Room 801 Augusta, Georgia 30911 OCT 3 0 ':'1')(1'1 . r .v... M;:;; Augusta-Richmo~,a County Dear Mayor Young: The attached contract when executed commits state funds in the amount of $5,000 to Augusta/Richmond County for technology improvements for East Georgia Easter Seals III Augusta/Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contact. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning the two copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. The Department of Community Affairs is pleased to assist you and the General Assembly in the administration of this grant. If you have any questions, please feel free to call me or either Amy Hill at 404.679.3154 or Bobby Stevens at 404.679.4943, Sincerely, ~don Commissioner JH/cm Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSI!'IG ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper Office of the Mayor Bob Young, Mayor Room _806, Municipal Building 530 Greene Street, Augusta, GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us September 28, 2000 Honorable Jim Higdon, Comniissioner Georgia Department of Community Affairs.. . :. ':.' 60 Executive Park South, NE .. -- Atlanta, Georgia 30329-2231 Dear Commissioner Higdon: Enclosed is the following completed FY 2001 grant application form: ORGANIZATION AMOUNT OF GRANT AWARD East Georgia Easter Seals $5,000 - Contract services As always, we appreciate your continued assistance in the administration of Augusta's grant awards. ., 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 July 18, 2000 East Georgia Easter Seals 1500 Wrightsb()fo Road Augusta, Georgia 30911 Dear Sir/Madam: Enclosed is an application form from the_ <)eorgia Department of Community Affairs regarding the Local Assistance Grant from Fiscal Year 2001 State Budget, which was awarded to your agency through the efforts of our local Legislative Delegation. Please complete the highlighted ar;~as on the form and return promptly to my attention at the following address.- Also, please execute the enclosed contract between your agency and the city. /> ~~ffiit Lena J:Bonner Clerk of Commission's Office Room 806 Municipal Building 530 Greene Street Augusta, Georgia 30911 Should you have any questions or need any additional information, please feel free to call. c Enclosures: AUGUSTA-RICHMOND COUNTY COMMISSION . BOB YOUNG Mayor JAMES B. WALL CITY A TIORNEY P. O. Box 2125 454 GREENE STREET AUGU~TA, GEORGIA 30903 Bus, (706) 821-2488 Fax No. (706) 722-5984 E-Mail: Jwall@co.ricbmond.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, III Mayor Pro Tern MEMORANDUM To: East Georgia Easter Seals 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 fundsavailableto -the privateentity inthe form of acontract for services, _In addition, the contracCmust 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 willbe utilized, The second concern was the constitutional prohibition against paying funds to, or contracting with, asectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have includeo a ceiiification that your organization is not "organized out ofbelief ilyGod or other supernatural beings", which is areCJuirement foryour organization being eligible for_the grant funds. I have attached two copies of tile contract, sll1ce we must provide one copy to DCA. The remaining copy is for the City's records, Please execute both copies of the co.ll!ra<;t in order that they may be returned_to me, Further, if you- should Ilave any questions concerning-eith~r tb~e _scop-e-~oTs~rvices or the certific~tLo_n,,.please call me. Application for Local Assistance Grant Local Assistance Grants are made pursuant to O.e.G.A. ~50-8~8(a) which provides in pertinent part: "The department shaD make grants to eligible recipients or qualified local governments, which grants are "Specified by amount, recipient, and purpose in an appropriation to the department" 1. Recipient identified by the General Assembly in Appropriations Act: i Au-gustaJRichmond County 2.. Amount appropri~ted by ?ene~al Assembly: $5,000 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Technology improvements for East Georgia Easter Seals in Augusta/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 wo~ld be used. Attach additional pages if necessary. . See Attached b. lPlease provide a budget for the proposed project, listing all revenues and expenditures. Project Revenues Project Expenditures Local Assistance Grant See Attached " Local Govt. Other Total c. Provide expected project start up and project completion dates: _ October 15...2(XXJ B~ginning Dat~ June - Jj - 2OJ1 Completion Dill~ 5. Contact Information: Please provide the foIlowing contact information for the grant. Name: 9-eila H. 1luras Address: 15Xl Wrightsbaro Fbad, P.O, Box 2441 City: Auqusta Telephone: (706) 667-9695 . State: Georgia -Zip: 3rnD3 E-mail: sthara~ega. org Fa . .1 (700) 667-8831 . cslml e. Name: Nicole Dell' Aria . . . Address: 1500 WrightsbOro Fbad,. P ,0. Box. 2441 City: Augusta Telephone: (706) 667-9695 State: Georqia Zip:3CE03 E-mail: nde]J@;esega,org Facsimile: (700) 667.-:8831 6. Certification " Authoriud &p1'tSottativ~ Dat~ 5n e., t a H: :\1\.D t'Y\AS:. Name (pleas~ print) -Yrt oS. u:hV\.+- / C_EO /. Titk For additional information or assistance, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Georgia Department of Community Affairs . 60 Executive Park South, NE Atlanta, GA 30329-2231 www.dca.state.ga.us 6/00 ,y:\ p'~\ ,0:">- .- STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this~~day of ~~ 2000, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "Augusta"); and EAST GEORGIA EASTER SEALS hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of Co~nunity 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 Organizatio~ 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 b~tween the parties, it is agreed as follows: 1. Augusta agrees to appropriate to the Organization, and the Organization accepts, the sum of $5,000.00 (the "Funds"), to be paid to Organization upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the Organization agrees to perform the following services, which Augusta has determined renders a substantial benefit to its citizens, to wit: To operate pro9rams to assist the handicapped and disadvantaged, thereby promoting public 1 ~~ ! ~ ~ health. Augusta has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: o Police and fire protection; o Garbage and solid waste collection and disposal; ~ 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; 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'-: r, . 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 .:<ccording to this Agreement, including, without limitation, damage claims for injury to pe~sons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization I s performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. S; 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. S; 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 :\" ~. " ....>. -. .. 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 (19B2) . "The term 'church I is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a connon 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 behc:vioral pattern of importance in the life of a connuni ty or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 4 )~ ~[ .. ~. 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. EAST GEORGIA EASTER SEALS ORG]~NIZATION BY:]~Jftjp~~ A~TEST: IJ(;rroPOJtllI!i")i j TltJ.e: ~l Sworn to and subsc;r;ibed before me this b!: day of ~,o~ ,2000. m'1A1l&l( V:~ ~ry Pub lC My CommissioI) Expires: ~/~OltJr- ~IJAJY : Lflr As ATTEST: ~:~.~...~::""""','"":,...,y."."., ...""~~~ v ~ "" ~'o. ....... x~ . T~ '-z ~ ~~ ~ ,..--,'".--..---........ :,.'~ ...- .~...... ... .......,. $ ~,:,r ;~~ r.)' ~ ~~ ~ ;: ~~: ~ ~ "::: ~ :: ;: ~:::::., ?- 5 :;:. ..... -: ;..-.... :;-. :;... - .;.i " ~.."r'- ~ ...:.... --:..~ "7", ~~.. /..~"r....., _. -" ~}-~r ...:: ---.. -~ -,~ ";'!; " . -, ., 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 July 18, 2000 East Georgia Easter Seals 1500 Wrightsboro Road Augusta, Georgia 30911 Dear Sir/Madam: Enclosed is an application form from the Georgia Department of Community Affairs regarding the. Local Assistance Grant from fiscal Year 2001 State Budget, which was awarded to your agency through the.efforts of our 10cal,Legislative Delegation. Please complete the highlighted areas on the form and return promptly to my attention at the following address. Also, please execute the enclosed contract between your agency and the city. Lena J. Bonner Clerk of Commission's Office Room 806 Municipal Building 530 Greene Street Augusta,- Georgia 30911 Shc1uld you have any questions or need any additional information, please feel free to call. Veiy truly yours, ~ Lena 1. B nner, Clerk of Commission. Enclosures: -, .. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 12,2000 Honorable Bob Young Mayor Augusta/Richmond County 503 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $5,000 in Local Assistance Grant funds has been included in the Fiscal Year 2001 State Budget. A brief description 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 form and return it to my office. Once we have received and approved the application, we will forward a contract to you. We are delighted to assist you with your community development activities. If you have questions, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Thank you. JH/aha Enclosure 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 '" '. ~ w " Application for Local Assistance Grant Local Assistance Grants are made pursuant to O.C.G.A ~50-8-8(a) which provides in pertinent pare: <The department ihaD make grants to eligible recipients o.r qualified local governments, which .grants are speCified by amount, recipient, and purpose in an appropriation to the department" 1. Rc:cipient identified by the General Assembly in Appropriations Act: Attgusta/Richmond County 2. Amount appropriated by General Assembly: $5,000 3. P1.Jlfpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Technology improvements for East Georgia Easter Seals in Augusta/Richmond County 4. In:formationRequired by the Department ofCommunicy 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. b. ; Please provide a budget for the proposed project, listing all revenues and expenditures. Project Revenues Project Expenditures Local Assistance Grant Local Gove. Othet Total c. Provide expected project start up and project completion dates: - - --- Beginning Date Completion Date t1. :. '.. 5. Contact Information: Please provide the following contact information for the grant. .J Name: Address: City: State: Zip: Telephone: Facsimile: E-mail: Name: Address: City: State: Zip: Telephone: Facsimile: . E-mail: 6. Certification I, the undersigned authorized representative o( the local.government described in this application, certify that to the best of my knowledge, the information in this application is true and correct and the Local Assistance Grant subject to this application will be used for the purposes outlined abo~e. I further certify the local government described in this application has all requisite power and authority to expend funds for the purposes'set forth herein. . Authoriud &p"untlltiv~ Dau Namt:(pkau print) Titk For additional information or assistance, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Georgia Department of Community Affairs . 60 Executive Park South, NE Atlanta. GA 30329-2231 www.dca.state.ga.us 6/00 AUGUSTA-RICHMOND COUNTY COMMISSION Bon YOUNG Mayor JAMES B. WALL CITY A TIORNEY . p, O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: Jwall@co.richmond.ga.us 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 Admlnlstrntor WM. "wu,LIE" H. MAYS, III Mayor Pro Tern MEMORANDUM To: East Georgia Easter Seals FJrom: 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, th,e conffact 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. 'J The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds, I have attached two copies of the contract, since we must provide one copy to DCA. The relnaining 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. i!.' ;., . STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this~~day of ~~ 2000, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "Augusta"); and EAST GEORGIA EASTER SEALS hereinafter referred to as t:he "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to'the Georgia Department of CO~1unity 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 org~nization accepts, the sum of-$5,OOO.OO (the "Funds"), to be paid to Organization upon execution of this Agreement upon the-terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the Organization agrees to perform the. following services, which Augusta has determined renders a substantial- benefit to its citizens, to wit: To operate programs to assist the handicapped and disadvantaged, thereby promoting public 1 .'.4T ~ ,. hea.l th . Augusta has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: o Police and fire protection; o Garbage and solid waste collection and disposal; J'/' 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; C 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 t~e Funds for the said purposes and to account for such Funds in accordance wiih generally accepted 2 ~_l. 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 .:lccording to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. :) 50-14-1, et seq.) if the Organization receives as a direct allocation tax funds which constitute more than 33 1/3% of its :funds from all sources, it may be-required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subj~ct to Georgia's Open Records Act (O.C.G.A. S 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 a'i' _ . " II G' 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 c. 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 Sennett v. City of LaGrange, l53 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982) . "The term I church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult". and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it." Insti tution" may have a similar meaning related to "org:3.nization," but may also mean a "custom, practice, relationship, or beha-;rioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the 9rant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 4 '~-?- . , i ..t';i'J ,-;. .'" -~) 9. Organization certifies that Augusta has made inquiry of Org;:mization as to whether it is "organized out of belief in God or other supE!rnatural beings" and Organization hereby certifies to Augusta that it is not so ()rganized 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 retain~d by the City. 11. In addition to the indemnification provision set forth in para.graph 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. oiJJ ~y: :,~.tv ATTEST: EAST' GEORGIA EASTER SEALS ORGANIZATION By: As its ATTEST: Ti tl,~: Sworn to and subscribed before me this day of ~OOO. Notary Public My Conunission Expires: 5 ~ - - ,. .. Office of the Mayor Bob Young, Mayor June 23, 2000 J:Ionorable Jim Higdon, Commissiqner Georgia Department of Community Affairs. 60 Executive Park South, NE Atlanta, Georgia 30329-2231 Dear Commissioner Higdon: Room 806, Municipal Building 530 Greene Street, Augusta, GA 30911 (706) 821-1831 - FAX (706) 821-1838 E-mail: mayoryoung@co.richmond.ga.us RE: Local Assistance Grants Enclosed is the following Local Assistance Grant Request for Final Payment form for the following organization: ORGANIZATION Easter Seals GRANT NUMBER OO-C-L-560 Thank you for your continued assistance in the administration of Augusta's grant awards. .. ~tru1y yours, ( BOby~K Mayor Enclosures: '\ ,.. _ '"i ,. Office of The Clerk of -Commission Lena J. Bonner, CMC Clerk cif Commission Nancy Morawski Deputy Glerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 lVIElYIORANDUM 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 amcmnt of $12,500 from the Department of Community Affairs. Please issue Augusta-Richmond County checks to the following Local Assistance Grant recipients: ~ ORGANIZATION GRANT NUMBER GRANT Ai\10UNT :RATransitional Center, Inc. 00-C-L-413 $10,000 Easter Seals 00-.C:L-560 $2,500 Thi~se awards represent [mal 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. Enclosure: Check Page 001 elF 001 Vendor No: 0000013727 Vendor Name; 'AUGUST A -R lCHMOND COUNTY STATE OF GEORGIA DEPARTMENT .OF CO.MMUNITY AFFMRS' .ATLANTA., GA BANK.1100-1000 Check No: Check Date: Check. Total:. 0000039746 07/21/2000 $.12,500_00 INVOICE . NUMlBER .0-,00" '0_00 AMOUNT pAID 10,000,00 2,500_00 . . . 0.7'19001 OCIOOOO.. ::.07200025CI000: , 07/19/2000 07/20:/2000 000013524 0000136-15 GROSS AMOUNT 1000000 2:500:00 DISCOUN17. . TAKEN , ~). .,." 1I-0G000?1 q 7 ~ bll- 1:0 b ~OOOO ~Ol: 07 0 ~ 7 ~b 5111 '~- - GEORGIA DEPARTlVIENT OF COMMUNITY AFFAIRS Jim Higdon COlYl!\1ISSIONER Roy E. Barnes GOVERNOR July 25, 2000 Honorable Bob Young Mayor Augusta/Richmond County 530 Greene Street Augusta, Georgia 30911 Dt;:ar Mayor Young: . _ Enclosed is a check in the amount of $12,5 00 representing the final payment under the following Local Assistance Grants: - Grant~o.00-C-L-413 Grant ~o. 00-C-L-560 $ 10,000 $ 2,500 If you have any questions, please can Amy Hill at (404) 679-3154. ..... Sinc~relY~' .' ~tM-- . --- . I . . m Higdon Cornri:1issioner HI/em Enclosure RECEIVED ~llJL 2 7 2000 Mayor's U.';.:::, - Augusta-Ricnmond Ci--;,unty 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper EQUAL HOUSIUG ~ OPPORTUNln L.:J " . ,.- , Office of The Clerk of Commission August 3, 2000 Lena J. Bonner, CMC Clerk of Commission Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 Nancy~orawski DeputY Clerk Ms. Shelia H. Thomas, President/CEO Easter Seals East Georgia - 1500 Wrightsboro Road P.O. Box 2441 Augusta, Georgia 30903 Dear Thomas: Enclosed is a check in the amount of $2,500 representing final payment of your FY2000 State of Georgia appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program. If I can be of further assistance, please feel free to call. Enclosure: ~ 't ~ ... ,. ~.c GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 q. Easter Seals ~ECIPIENT: I LA GRANT AGREEMENT NUMBER: OO-C-L-560 LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT II GENERAL Ii INSTRUCTIONS: II CERTIFICATION: 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'iG 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 leftchand 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 ori\my Thompson at (404) 679-3154. This is to request final payment on the Local Assistance Grant of the above refere.nced 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 II the information stated herein is true and accurate. AthOriZed Sill nature IIBOb Y oUI!g.; Mayor Ni~me and TItle \ Date . J AUGUSTA..RICHMOND COUNTY COMMISSION 034965 ~ ::~:: :;:~::::~~8::~:: .,....., :."-':"':,::':c'DESCRIPTION.h.. ,....", ... ..-....".-. ";';-;':'-"' ...,;.;.,:.;...... P.O.'. NUMBER" ",.INVOICE,NUMBER .. :~~~~~~ ::INVOICEAMOUNT,h.' .-....,-.. ~':: ;,,', ~;~ c.,:" ':':-NET:AMOUNr:::::\: 3RANT 0 0 CL5 6 0 2 I 5 0 0 0 0 0 0 0 2 I 5 0 0 0 0 . ,- -- -- - - - - --. - - - .-- .- -- - -- , i.. CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL I 0 3 4 9 6 5 0 7/ 2 8 / 0 0 2 5 0 0 0 0 0 0 0 2 5 0 0 0 0 , I :,~,~~.".~,~~~- .64;1.37-\'. . !~r:~~!!~~~~ ....... '" - - ~,.,.,. ,"- ?:.~~~{!:~t~ .. , , ,. , .~.e\~1ir~t~it~~! 1;_>., :0--,'-0,' . ,. REGIONSBANKoF GEORGIA ..... -::;i:;'::-:' i~:.. ,'_:'~,U.~U~rA.,GE~R(;IA, ... III 0 1 ~ g b 5 III I: 0 b .. .. 0 .. 1 7 5 I: b 8 1 0 .. ~ 8 1 g ~ III " ~. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR October I, 1999 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 309 I I Dear Mayor Young: The attached contract when executed commits state funds 111 the amount of $ I 0,000 for the operation of Augusta Easter Seals. 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 th:is 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. im Higdon Commissioner JH/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L:J (~L5hb 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper .. I. ~ '~ Application for Local Assistance Grant . Loql Assistance Grants are made purSuant co Q,C.G.A. ~50-8-8(a) which provides in pertinent parc: "The department shall make grants to eligible recipients or qualified local governments, which grants are specified by amount, recipient, and purpose in an appropriation to the department" 1. Recipient idenrified by the General Assembly in Appropriacions Acc: Richmond County 2. Amount appropriared by General Assembly: $10.000 3, Purpose of che Local Assiscance Granc as specified by che General Assembly in me Appropriacions Acc: Operation of Augusta Easter Seals in Richmond County 4. Informacion Required by che Department of Community Affairs for Award: a. Pl,:ase provide a decailed description of che projecr, location, type of work co be initiaced. and for whac purposes che funds . awarded chrough chis granc would be used. Arrach addicional pages if necessary. See ,attadled b. PI~:!Se provide a budgec for che proposed project, liscing all revenues and expendicures. Project Revenues Project Expenditures Local Assiscance Granc $10.CDJ $10,ml Local GoV!. Other Total $10,CDJ $10,COJ c. Provide e."Cpected projecc start up and project completion dares: .JJZ_ - -D6.... - J39...., B~ginr,ing Dau .iJfL - ..3!L - .lll- Completion Dau 5. Contacr Information: Please provide the following contacr information for the grant_ Name: Ms.' Sheila H. TharEs, President/CEO Address: P .0. Box 2441, 1:aJ wnQhtsboro Road Augusta. Georgia 3a3C!3 Ci r:y: St:1(e: Zip: Tdephone:(706) 5\),7 9695 Facsimile: (706) 667 ~1 E-mail: c:thrT1.l:.1c:@:><:PQ;:1 nro Name: Mrs. 01ar latte Thorstad Address: P Il Rnx :/441 , 'I~TI Wright_c;hnm Road Ci ty: Augusta, Georgia Telephone: (706) 007-9695 Stare: Zip: 300m Facsimile: (706) 667-8831 E-mail: tharsta~ega . org 6. Certification igned authorized representative of the lool government described in this application, certify that to the kn wledge, the information in this application is true and correa: and the Local Assisrance Granr subject ppli on . be used fo,r me purposes outlined above. I further cenirfme local government described in li ti I requisite ower and authority to expend funds for the purposes ser fOrID herein. 07 _ 30 _99 Dau Sheila H. Tharas Nam~ (pkau prinr) President/CEO Tirk For additional information or assistance, ple:z.se cooract Amy Thompson at (404) 679-3154 or Bobby Stevens at (404) 679-4943, 5/99 APPLICA TION FOR LOCAL ASSISTANCE GRANT ADDENDUM Item #4. Easter Seals East Georgia is.a pirvate, ncin-profit community service agency which serves adults with disabilities and other special needs. Our service array consists of a variety of services aimed at assessing, training and assisting those served in finding employment in the community, We value independence, dignity, self-sufficiency, and effective service provision. To that end we utilize those funds which are contracted or donated as efficiently as we can. Our programs have been in operation for33 years, although there are always areas within the operation where we have needs~ We have three main areas in which we hope to spend the granted dollars in the coming year. 1. Our programs are know for the outcomes we achieve. Job placement is the ultimate outcome for those we serve. We currently have two part-time employees who job share making one full-time position. They are responsible for working in the community to assist those served with locating employment opportunities which match their needs and desires. They also assist the employer with information and assistance if accommodations are needed. There is no direct funding source for this service, therefore, we absorb the costs of this program out of operations. We would like to offset the costs of the placement efforts with a portion of this grant. 2. We operate a workcenter where we produce products and provide services which are subcontracted from local industry. These subcontracted jobs are the tool we use for training and rehabilitation of those served. Much of our equipment and tools is old and outdated. We are striving to improve our efficiency of operations. The expenditUre of some of the grant funds to replace or repair old equipment would be extremely beneficial. 3. . We currenpy operate an equipment loan program. We ioan non-fitted medical equipment such as wheelchairs, walkers, crutches, hospital beds, etc. to those needing them, Again we have a great deal more demand than we can meet. We also have some broken and well used equipment that would be rendered usable again with repairs and replaced parts. We would like to use some of the funds to rejuvenate our equipment loan pool to serve those in our community who need this expensive and specialized equipment. We hope that these uses ofthe grant funds will meet with your approval. We invite you and any other city officials who would be interested to come and see firsthand the services we provide and how we are utilizing these funds. -'\ "}. .. r_ ... STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of ~L~ 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 AUGUSTA EASTER SEALS hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of Co~nunity Affairs and to Augusta a proposal to provide certain services as set fort:h 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 $10,000.00 (the "Funds"), to be paid to Organization upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the Organization agrees to perform the following services, which Augusta has determined renders a substantial benefit to its citizens, to wit: To operate pro9rams to assist the handicapped and disadvantaged, thereby promoting public 1 ~ ~ health. 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: D Police and fire protection; D Garbage and solid waste collection and disposal; ~ Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; D 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; D Parks, recreational areas, programs, and facilities; D Storm water and sewage collection and disposal systems; D Development, storage, treatment, purification, and distribution of water; D Public housing; D Public transportation; D 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 D 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 " accounting principles. 4. The Organization shall hold harmless and indemnify Augusta, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands a-gainst Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 50-14-1, et seg.) 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.). Organizatibn shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 3 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 (19B2) . "The term 'church I is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "9- common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "or<:;'aniza.tion," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 4 ... -ot '" ,"" 9. Organization certifies that Augusta has made inquiry of Organization as to whether it is "organized out of belief in God or other sup,arnatural beings" and Organization hereby certifies to Augusta that it is not so ,~rganized 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 reirnburse 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. AUGUSTA EASTER SEALS ORGIINIZATION BY:~~~~~ FlS its ~l~1 C-Eu *r~i:~T: ~~0:i':~ Sworn to and subscribed b~'re me this ~7~day of '~~_ , 199,,9. an da- &'-VLc7;tuJ Notary Public My' J:8JWli.? r-t Plk.Ej ~p.iFe,e_:;" ,'"".f ~!c;T\F~~~:"to'.r t-' ";'~::.:;,~.,~..,f. \),f~/.,. .;o':';';.:,;*.'i'-1l.I",.*,~~;i~ fl. ,t ----ti:"ll,j' .8":,:~::.~:';~::::~::~ :~::l."":::'~;~~~::~ :-_~~. .:~ By: ctEST: i ~. ~ - .'-"'-f"r, ,....-:-". ~'r .-"r,..,........r. ....." ~ . ___'~ i!'rp~ ~.~~~#'~. - ;:,.~"'.,.)/~ ~~::... .r ._...~~ ~~: ~ ~ Q ";/:::: i~ - ~ ;2 J:i -;:. r-~ ",.. ...~.~y~ ~ '-"~. ~ --- ;",. -.........: =" ~ ~ .......:. ~).~ ",- ~ -'/;./:.;7r.........A.~,.. "",,,,,. ~~ ..............! ~ ~ \ ,'" . .1",..# ~ ~.. _ ~ ~ _..... _ ....;'l:i... ,",'" 5 ,'.".- - ", >i .. - - :t'" " Grant No. OO-C-L-560 STAT]~ OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 18t day of October 1999. 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 "Recip:ient") , WHEREAS. the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS. mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; and WHEREAS. the Department is authorized by the provisions of O.C.G,A. 1350-8-8 to grant and admini.ster 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 covenar.ts 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 $10,000 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. ~o 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: $7.500 Within ten days of the Department's receipt of the executed Agreement. $2,500 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $10,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. , " . " Grant No. 00-C-L-560 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 ~45-1O-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 Legallv Bindinl! Act. The Recipient certifies that it is duly organized. validly existing and in good standing under the laws of the State of Georgia; that it has all the requisite power and authority to enter into this Agreement and to assume the responsibilities herein including the expenditure of funds; and that all necessary actions have been and will be taken in conformance with all applicable laws to make this Agreement and actions hereunder valid. enforceable and legally binding acts of the Recipient. 7. Monitorinl! and 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 financ:ial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for, The Recipient acknowledges and agrees that any unresolved findings of the Department concerning expenditure of project funds. whether based on an audit report. financial statement. project completion report or independent investigation of the. Department. shall preclude the Recipient from applying for or receiving any further grants or other funds from the Department.: until such findings are resolved to the satisfaction of the Department. 8. Open Meetine:s. The Recipient certifies that in approving this Agreement. it has complied with all the open meeting requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated. 9. No Ae: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 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 fi.ve business days wtitten 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; (Hi) has acted in any way contraIY to the purposes for which the grant was awarded; or (iv) has violated any federal. state or local law. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. -;- . .- Grant No. OO-C-L-560 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. 1, Sec. II. Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City oj LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally. without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433. or. as the dictionary puts it. belief in the supematural as creator and govemor 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 iinportance 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 supematural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement. it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it. and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement constitutes the entire agreement among and between the parties. There are no representations. oral or otherwise. other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. [Executions on following page] ~ . )' f ,~ 01' .' Grant No. OO-C-L-560 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: Mayor ~ FOR THE DEPARfMENT OF COMMUNI1Y AFFAIRS By: -=s7~~~c~ Jim Higdon. Commissioner -......... Attachments: Exhibit A. "Scope of Services" .. ~ . Gran1t No. OO-C-L-560 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Richmond County for operation of Augusta Easter Seals in Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity. such as improvement of a facility. Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate. suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. .~! OFFICERS Alvin Dickson Chairman Phil Caldwell, 1st Vice-Chairman Alice Frye, Ph,D, 2nd Vice-Chairman Natalie Dopson, SecretalY George Goddard, Treasurer Sheila H. Thomas, President/CEO BOARD OF C'IRECTORS Morgan Allen Hon. H, Scott Allen Charles Anderson Larry Babbitt Phil Caldw~II Alvin Dickson Natalie Dopson Alice Frye, Ph.D. George Goddard James Jones, Julian Osbon Elliot Price Mayclare Scherer Barry Smith Edward Talver Deborah Taylor Merle Temple Jeanne Trenteseau, Ph,D, Biagio Veri cella, Ed.D. Chris Vickery, M.D. Maydean Wells Hon. Robin Williams Hon. Bob Young HONORARY BOARD OF DIRECTORS Don Berry Pat Blanchard Frank Dennis,'" Harold Faulkner Dick Fox David Hudson Sam Pursley Hubert Ree,ves SATELLITE LOCATIONS: P.O. Box 1836 Thomson, Georgia 30824 (706) 595-2212 P.O. Box 86 Garfield, Georgia 30425 (912) 682-6146 Creating solutions, changing lives. Easter Seals East Geor ia 1500 Wrightsboro Road P.O. Box 2441 Augusta, Georgia 30903 (706) 667-9695 voice or tdd (706) 667-8831 fax Helping people with disabilities gain greater Independence June 20, 2000 Lena J. Bonner, Clerk of Commission 530 Greene Street Augusta, GA 30911 RE: Easter Seals Local Assistance Grant Dear Ms. Bonner, At this time, we would like to request that the remaining 25 percent of Easter Seals' Local Assistance Grant be awarded. Although, the $10,000 grant was significant, please be advised that this amount only accounts for a small fraction of services actually provided to people with disabilities from this . . - center. ..., - .. . .., . 1;--: "'. As p~r.th~ 'grant. agte~m(mf; themone{awarde'd :to: Easter' Seals':hair ' been used' prtinariIY;intwo'.pr6gramstha(help p'eople with'dh;abilities' achieve. . their goals of self~sufficiency. . . ..' I). We are very pleased to report that 37 individuals were placed in competitive jobs within the community as a direct result of Easter Seals' Placement staff and efforts this year. Although, the minimum wage standard is currently $5 .15/hour, the average wage for the clients placed was $5.57/hour and our records indicate that the number of hours worked per week averaged 37 hours. All of this is very exciting news as it clearly demonstrates that not only are individuals with disabilities that complete the Easter Seals' program being hired, they are considered competent enough to be extended higher than minimum wage salaries. None ~fthis.wouldhave been possible without the support and .determiiuition of the' two placement p~rsonnel employed by Easter Seals that Wdrlhvith'business'es and Clients to suc'ces'sfully"m.atch-:rieeds and skills, These positions are currently unsponsored and much of the .-,-. . . . m~ney received through the Local_ Assista~~e Grant helped fund these <: -. tw6'part-time positions, ." .-';... .;-~,..: i.::: '\\ r ..~ '>i ':'.d_,_ -" . '- .. 2). Easter Seals also purchased two wheelchairs to be used in the Equipment Loan program. This program exists to help those with limited resources obtain non-fitted medical equipment as prescribed by their physician, -Please-let. me-know if there is any other information that you need. Thank you for your assistance and support of Easter Seals programs and servIces, Sincerely, ~~~. 'Sheila H. Thomas President/CEO .'. ~~. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS JiTn Higdon - COMMISSIONER March 20, 2000 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is a check in the amount of $43,750 representing payment under the following Local Assistance Grants: Grant No, 00-C-L-65A lJfant No. 00-C-L-406 $3..1,500 (first payment) $ 6,250 (final payment) . Also enclosed is a copy of the executed contract for your files and Local Assistance Grant Request for Final Payment Form. This form must be completed and returned once you have completed your project and expended the full amount of the grant funds. Upon receipt of this form we will issue the fillal payment. Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director; Department of Audits and Accounts at (404) 651-5115. I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Amy Hill at (404) 679-3154, erely, 'igd~~ JH/ja Enclosures ~fi~ ~ . tE:t 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 eQUAL HOUSIN(. _ OPPORTUNITY - www.dca.state.ga.us. An Equal Opportunity Employer @ Recycled Paper -,.i" 1 -; Grant No. OO-C-L-654 STAT]~ OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 21st day of February 2000. by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and Richmond County. a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient"). WHEREAS. the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS. mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; and WHEREAS. the Department is authorized by the provisions of a.c.G.A. 850-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS. the Recipient warrants that it is a validly existing and in good standing under the- laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend funds for the purposes set forth herein: NOW. THEREFORE. in consideration of the mutual covenants and warranties contained herein and other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged. the parties agree and covenant as follows: 1. Scope of Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts. an amount 'not to exceed $50.000 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 Rec~pient 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. . i,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: 837,500 Within ten days of the Department's receipt of the executed Agreement. $12.500 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $50,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. ^- - ~ '[ I Grant No. 00-C-L-654 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. ~45-1O-20 through ~45-10-28 and O.C.G.A. ~36-61A(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 Legally Bindine: Act. The Recipient certifies that it is duly organized. validly existing and in good standing un.der 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. Monitorine: and Auditing. Upon request. the Recipient agrees to provide the Department with any information. documents and/or photographs the Department deems necessary to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate books, records and accounts reflecting its administration of Agreement funds and compliance with all applicable laws. Such documentation shall be retained for at least three years from the completion of said project and shall be made available to the Department upon request. The Recipient further agrees that an accounting of these funds shall be included in the next regularly scheduled audit or financial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient 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 Agencv or Partnership. Nothing herein nor any actions of the parties hereto or their agents or employees shall create any agency relationship. partnership or joint venture. between the Departn1ent 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 shal-l 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 fJive 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 Departmen~. . 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 contral'y to the plJrposes for which the grant was awarded; or (iv) has violated any federal. state or local law. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. . .-.. -' ~ ... 1 Grant No. OO-C-L-654 Page 3 of 5 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution: "No money shall ever be taken from the public treasury, directly or indirectly. in aid of any church. sect. cult, or religious denomination or of any sectarian institution." Ga. Const.. Art. I,Sec. II. Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City oj LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally. without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God. 153 Ga. at 433, or. as the dictionary puts it, belief in the supernatural as creator and governor of the universe, The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification. and impori:s an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization." but may also mean a "custom. practice. relationship. or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any- entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. . 'I (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement constitutes the entire agreement among and between the parties. There are no representations. oral or otherwise. other than those expressly set forth herein. No amendment or modif~ation of this Agreement shall be binding unless both parties have agreed to said modification in writing. [Executions on following page] ~i ,_ r,.- Grant No. OO-C-L-654 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed. this Agreement as of the date first written above:. FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS ~B~ By: Attachments: Exhibit A, "Scope of Services'. .~ ..- '" . . . Grant No. OO-C-L-654 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Richmond County to purchase final tract of land adjacent to Ezekiel Harris House in Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose. the purpose must be accomplished through a contract for services by the named private entity. or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity. such as improvement of a facility. Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate. suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It i:s a responsibility of Grant Recipient to see that its undertaking is lawful and the retum..- is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. '.- --':;. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR December 16, 1999 Honorable Bob Young, Mayor Augusta-Richmond County Government 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: On June I, 1999, we mailed to you a Local Assistance application for your $50,000 grant, which was included in the Fiscal Year 2000 State Budget. As of this date, we have not received your completed application. Therefore, we are enclosing another copy for you to complete and return to my office. Once we have received and approved the application, we will forward a contract to you. However, if you do not plan to proceed with the project, please send us written notification as soon as possible. If you have any questions, please call Bobby Stevens at (404) 679-4943 or Amy Hill at (404) 679-3154, Sincerely, .~~fv Commissioner JH/ja Enclosure EaUAL HOUSINI:i ~ 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 L.ocal Assistance Grant Local Assistance Grams are made pursuant to O.C.G.A. ~50-8-8(a) which provides in pettinent part: 'The department shaD make grants to eligible recipients or qualifiedlocal governments, which grants are specified by amount, recipient, and purpose in an appropriation to the department" 1. Recipient identified by the General Assembly in Appropriations Act: Richmond County 2. Amount appropriated by General Assembly: $5+0.000 3. Purpo:ie of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Purchase of the final tract of land adjacent to Ezekiel Harris House in Richmond County 4. Informacion Required by the Deparement of Community Affairs for Award: a. Plelse provide a detailed description of the projecc, location, type of work to be initiated, and for what purposes the funds . a.warded through this grant would be used. Attach addicion~ pages if necessary. b. Plelse provide a budget for the proposed project,liscing all revenues and expenditures. I" Project Revenues Project Expenditures t.ocal Assistance Grant l.ocal Govt. Other Total . c. Provide expected project stare up and pr~jec:C completion dates: - - --- B~t1t1itlg Dilte umpktiDtI D4te I 5. COllCact [nformacion: Please provide the following contact information for the gram. Name: Address: : Gry: S tace: Zip: Telephone: Facsimile: E-mail: Name: Address: City: Scate: Zip: TeI.:phone: Facsimile: E-mail: 6. Certification I, thl: undersigned authorized representative of the local government described in this application. certify that to the best l)f my knowledge, the information in chis application is crue and correct and the Local Assistance Grant subject to this application will be used for the purposes outlined above. I further certify the local government described in chis ~Lpplication has all requisite power and authority to expend funcls for the purposes set forch herein. . AmhDtiuJ RrpmmtatilJ~ Date Name (pleat~ prim) Title .j For additional information or assis~ce, please contact Amy Thompson at (404) 679-3154 or Bobby Stevens at (404) 679-4943. 5/99 .. " .. OFFICE OF THE CLERK OF COMMISSION Lena J. Bonner, CMC Clerk of Commission -1> Nancy Morawski Deputy Oerie July 7, 1999 Mr, James B. Wall, Attorney Augusta-Richmond County 454 Greene Street Augusta, Georgia 30910 RE: DCA Grant - $ 50,000 - Ezekiel Harris House Dear Jim: Enclosed is the application form from the Georgia Department of Community Affairs regarding the Local Assistance Grant awarded to Augusta, Georgia through the efforts of our local Legislative Delegation, Please complete the highlighted areas on the form and return promptly to my attention. Should you have any questions or need any additional information, please feel free to call. Very truly yours, ~()J Lena J. Bonner, Clerk of Commission , Enclosures: 530 Greene Street- Augusta, Georgia 30911 . (706) 821-1 H20. Fax (706) R21-1 R~R GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COJ\llMISSIONER Roy E. Barnes GOVERNOR June 1, 1999 Honorable Bob Young, Mayor Augusta-Richmond County Room 80 I City-County Municipal Building Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $50,000 in Local Assistance Grant funds for Augusta- Richmond County has been included in the Fiscal Year 2000 State Budget. A brief description 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 form and return it to my office, Once we have received and approved the application, we will forward a contract to you. .We are delighted to assist you with your community development activities. If you have questions, please contact Bobby Stevens at (404) 679-4943 or Amy Thompson at (404) 679- 3154. Thank you. J;~ Commissioner JH:bsa Enclosure 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 Application for Local Assistance Grant " Local Assistance Grants are made pursuam co a.c.G.A. ~50-8-8(a) which provides in pertinem part: "The department shall make grants to eligible recipients or qualified local governments, which grants are specified by amount, recipient, and purpose in an ~ppropriation to the department" 1. Recipie~r identified by rhe Ge:1eral Assembly in Appropriations Act: Richmond County 2. Amoum appropriated by General Assembly: $50,000 3. PurplJse of rhe Local Assistance Grant as specified by me General Assembly in me Appropriations Act: Purchase of the tinal tract of land adjacent to Ezekiel Harris House in Richmond County 4. Information Required by me Departmem of Community Affairs for Award: a. Ple::lSe provide a detailed description of me project, location, type of work to be initiated, and for what purposes me funds awarded mrough mis gram would be used. Attach additional pages if necessary. b. Please ?rovide a budget for me proposed project, listing all revenues and expenditures. Project Revenues Project Expenditures L.od Assistance Grant L.od Govt. Omer Toul c. Provide c."Cpecred project Start up and pro)ecr completion dates: - - --- Bq;inning Dau Compluion Dau. J 5. Concact Informacion: Ple:lse provide che following comacr information for che gram_ Name:: Address: Ciry: Scate: lip: Telephone: Facsimile: E-mail: Name: Address: Ciry: State: lip: Telephone: Facsimile: E-mail: 6. Certification I, the undersigned authorized represemative of the local governmem described in this application, cercifY that ro the best of my knowledge, me information in this application is true and correct and the Local Assistance Grant subject ro this application will be used for me purposes outlined above. I further cercifY the local governmem described in this applicacion has all requisite power and authority co expend funds for the purposes set form herein. Authoriud &pmmUl:iIl~ Dau Nam~ (PklU~ prim) Tzr~ For additional informacion or assistance, please contact Amy Thompson at (404) 679-3154 or Bobby Stevens at (404) 679-4943_ 5/99 ~, . ,. STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this t/ day of ~, of the State of Georgia, 1999, between AUGUSTA, GEORGIA, a political subdivision acting. by and through the Augusta-Richmond County Corrunission, (hereinafter referred to as "Augusta"); and EZEKIEL HARRIS HOUSE (hereinafter referred to as thE~ "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of COIT@unity 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 $50,000.00 (the "Funds"), to be paid to Organization upon execution of this Agreement upon the terms set forth in the Graht from the State of Georgia. 2. In consideration of such appropriation of the Funds, the Organization agrees to perform the services set forth in said Application. 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. 4. The Organization shall hold harmless and indemnify Augusta, its 1 j' .,.- . officers, elected officials, agents, employees, and representatives, from and ; against any and all claims resulting fr~m or arising out of the appropriation provided according to: this Agre.?ment, including, without limi ta tion, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its off~cers, 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 Or9anization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grccnt 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 further 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 of tax funds more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). Organization shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. Organization further certifies that it is a tax exempt entity under ~ 50l(c) of the Internal Revenue Code. IN WITNESS WHEREOF, the undersigned ~ave caused these presents to be executed by their proper officers and hereunto set their hands and affixed their 2 ;. ,:,i' .. seals, the day and year first above written. EZEKIEL HARRIS HOUSE ORGANIZATION AUGUSTA, GEORGIA 8y: As its ., l' \, \; 8 Y : V I As its Mayor /l~/..;vl - // - ATTEST: ATTEST: Title: Clerk Sworn to and subscribed before me this day of ~99 Notary Public My Commission Expires: 3 - ., GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS -, - ) ., .,. Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR September 7, 1999 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 , '-- Dear Mayor Young: The attached contract when executed commits state funds in the amount of $8,000 for operating funds for Macedonia Connection tutorial program in Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention, The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contact. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning 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. q:~~ Jim Higdon Commissioner JH/ja Enclosure cc: Richmond County Legislative Delegation jw; t~j>t/~( tEl" 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 EQUAL HOUSINI. _ OPPORTUNITY - www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper ., Office of The Clerk of Commission March 14, 2000 Ms. Alrene G. Garrett Macedonia Connection, Inc. 2458 Dublin Drive Augusta, Georgia. 30906 Dear Ms. Garrett: Lena J. Bonner, CMC Clerk of Commission Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 Nancy Morawski Deputy Clerk Enclosed is a check in the amount of $2000 representing final payment of your State of Georgia FY2000 Appropriations - Local Assistance Grant award. If we can be of further assistance, please feel free to contact us. Enclosure: .;, . """-Ie';'" -f T"_ ~I_...I, -~ ~--_:__:_- '-'I . .:; U II II':; '-1':;1 ft. VI '-V.... I ..~_..Ul I Lena]. 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 l\'[EMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DA TE: February 23, 2000 SlUB.JECT: Department of Community Affairs Grant Enclosed is a check in the amqunt of $ 2,000 final grant payment for Grant No. C-L-485 Macedonia Connection. Please issue an ARC check payable to the Ma,cedonia Connection for this final grant payment. Thank you for your continued assistance in the administration of these grants_ Enclosure: ~; -~ , :v " ~'\; ;' . Page. 00 ,. OF 001 Vande.rNo: 0000013727 Vender Name: AUGUSTA-R ICHMOND COUNTY STA TE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS ATLANTA, GA .BANK 1100-1000 Check No: : Check Date: Check Tolal: 0000035490 02/09/2000 $2,000.00 INVOICE NUMBER. 020f:00200000 INVOICE . DATE .02/08/2000 000007557 GROSS AMOUNT 2,000.00 DISCOUNT . TAKEN AMOUNT PAID 0.00 2,000.00 11-0000035 L. li 0 II- ':0 b .0000.0': "J.: $2,000. OO;~; '-,~lJ~EI 0.7 0.7 L, b 511- .. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR February 11, 2000 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is the final payment in the amount of $2,000 under Local Assistance Grant #00-C-L-485 to Augusta-Richmond County. If you have any questions, please call Amy Hill at (404) 679-3154. Sincerely, , r\\'r- igdon mISSIOn r JR/j a Enclosure EQUAL HOUSING, ~ OPPORTUNITY L.:.I 60 Executive Park South, N.E.,- Atlanta, Georgia 30329-2231 - (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper '\, '" .-Jr' .... . '.-~.''''''~'~ -. ",,' ". .-' \ -. -:~I~;," .J~',-' - . .' :.:.::..(:'" - .,;'~ ~ ...... r-~ ;:, 'J_ .- ~y.;~i;i;:;:~~I.~' . ~.. ,,". . -5i~~~'~~:.'f~ ~ . :' T .}:~~;'~~"":-" "", - .~.;; "",. , "..-...!. ;,., . .~o/~;~~s ....... "';<0-' ."; ~ ~ ".. , -, ' '. . , ~ :..~,.... ' .. ,'Of ':. . ~ .~~,,::~;:?:.:~-~": .- '." -, . ....,;: ", .... "." I .~ '~ ",." . . '.~ .- . ::~;L>?::. .i:~?~~4~~;'i/';' .. :~~~~0:<.. ,f{.~':.;~ .:~\,)<-;.~ ~ '.~ ~~r~~~~~:~~:~;'~~:~: . .:~ ~ -:' ~i;2~fi:c' . ':".1' ~~l . . -+::.:......' , .: ~ - ~~~7 .. - ..;;~.: ..::~I.'_ . -C' . ~"~7'~;~~" .":: . .... ."." ~. " .. ,. ,t'" 1::,_,. ,- '., -:.... .;.i---... . .,- { tv ,~K\\ ff , , . - ~ r - --::"1 - . .. . ..~ ". .~ -={. ~. ." ... .-- .... GEORGIADEPARTMEN,T OF~---- ,- ." . ,.-..- . - .: - ';":~'COMMUNITy.'-AFFAlRS:: - . -.:'. .J'.." ,01'.:.. . _ ,.' . _. . _..' t ."." _" j _ fO ~xecutive,Park S~!Ith~, ~.:E.,~. :~~~~ta, Geor,gia . ~,O~29:'22~:,~~_~., . .c': ' [ Ma~~~oni~~Connection RECIPIENT:- -. ",\: -... :]0. " '-.- >.... LA GRANT :",_~,-,. -AGREEMENT~~-' _' NUMBER::OO-C"':L-485 .,.: , , _........ _ ..- i- . _'.. _ .. __ _ :,: ,L(j,cAt~-As~I~TANCE GRANr~ . REQlJEST-':-FO~-FINAL PAYMENT . ..' .-.'~ ' This form is to ~e completed once you have fulfilled the .scope of work as outliried. in. your grant agreement, . ,Be sure to indicate the '- ;; ,name' of the Local Assistance Gram (LAG} recipient and theL\G .. _,:'- : gr:irit'nuri1~er at-the t,OP of this for~._ The grant -redp{eIlt is ,the en~ty -- : ~at.~PP~a!s-iii., th~,_grant 'agree~eni and the, ~;~t_.m;mb"e(appears'in th.e\ipper left,-hand corner of the gran~ agreement.,~' '" '_-:::~- _~~.<::_.' . -, GENERAL INSTRUCTIONS: :...:- :-.. .. , ; The,certific:~tl6n__- :;tai:em.ent 'below..must be signed by the Chief . Elected Officiaf or by'someone.who is officiillly authorized to. sign- on . , the' i:ecipient's~ behalf. Pl~~se-' retui:n~'rhe - form to' the above listed address. If y'ou'~have,- any 'questions; please contact Bobby Stevens at (404)-67_9~4943 'or A.my Thompson' at (404) 679-3 t54.-_ . . . .. . -.-,. ,- . . ..': - --' '.," ". ,". -.' ..',. - Thisis-to.req~est'fll1al pay~ent o~ the ~ocaLAssistarice Gram of the abov~ reference<;i grant number, In making this request; I. hereby - certify that _the:"Sc~pe ()f the Project" as identified in Exhibit A of the above refer~nc~d Grant Agreement number has been -completed: : I further certify tl:at"nll. funds provided byrhis grant have been spent in . accordance with the. ter_ms and conditions. of the~Agreement. and that the information stated herein is true and accUrate, CERTIFICATION: Authorized Si atute ~ Bob Young, Mayor Name and Title - II, Date /.~' ":.~.: . .~., \.:~ '. . e. .- ,,; ~ ..... ,. :...~{ ~' '\ .i Macedonia Connection, Inc. Alrena G_ Garrett, Director 2458 Dublin Drive Augusta, GA ~0906 (706) 798-7162 Fax:(706) 798-7162 January 20, 2000 Lena 1. Bonner, Clerk of Commission 530 Greene Street Augusta, Georgia 30911 This letter is to inform you of the fulfillment of the scope of our project as outline in our grant agreement and to request the final payment of our grant funds. Thank you for your support of our project. s.].:n~.erelY, JI.lt1fI? .' . "~ I ,I /, C'/t . ;!-t1t.-V V ~ . Alrena G. Garrett '_~'~.;lJ.~~~~:;:..~ ... 0-40___'~;""'" -.' ::. ~.~'. --:...i;.;......r.. ____ _1-~'~'~"'I" "-:-. ..~~~___...;.~:,.cii..;.{;~k~~~i~~i~:__. ~~~~;:,~~~~~1f~~;~~!'~ii~ -.;OO:":"':""'..........--.----~-.-.-. ..~- ~y Application for Local Assistance Grant Loc:!1 Assisr:mce Gnncs are made pursuant to O.c.G.A. ~50-8-8(a) which provides in pertinent part: "The department shaLl make grants to eligible recipienrs or qualified local governments, which grants are specified by am9unt,. recipient, and purpose in an appropriation to the department" 1. Recipie:1t identified by the Gener:ll Assembly in Appropriations ACe: ..Richmond County 2. Amcunt appropriated by General Assembly: $8,000 3. Purpose of che Local Assistanc: Gram as specified by che General Assembly in the Appropriations Ac:: Operating funds for Macedonia Connection tutorial program in Richmond CJUnty 4. Information Required by the Department of Community Affairs for Award: a. Pl'::lSe provide a deciled desc:ipcion or che project, location, type of work co be iniciated, and for ;.vhat purposes che funds awarded through chis grant would be used. Att:l.ch additional pages if nec=ssar!:, b. P!~~e provide a budget for che proposed projec::, listing all revenues and <:''l:pendicures. Project Revenues Project Expenditures :Local Assistanc: Grant ~ ~()?). o o c~ /)0 () :Local GoV!. Ocher Total c. Pwvide expected project start up and project complecion dates: - - --- B~rinnin! Dllu Comp~rion Dllu /- , . ; ~::: In''']k;;O.id' aOIlOa;;;;r'iOn '0; ,h, g=< d~l · JJu'~ :JL~4du Address: Ci<y ~/~~ Td,?hon" - - D 1,fJ'- 7 /~ ,t. fu~imik S cace: a L1. ~ . 9~~ C'i/l Z:o: ...:;;0 tV , .5d~wedJ .if) dd;{7tWtJ E-mail: Name: Address: City: Scate: Zio: Tele?hone: Facsimile: E-mail: G. CcrtifiCl.o.on I, the undersigned auchorized re;Jrese:m.tive of the loal governmem described in this application, certifY that m the ledge. the inrorrrlation Ul chis appiic;.rion is crue and correo: and the Loal :\ssistance Grant subjec:: on ill be ed for - e purposes oumnedabove. I further certifY the loal government described in . ite ? er and. authority toe:cpe:J.d funds for the purposes set forth here:n. A,w,o~d Rq)nulIf4ti,u Dau N= (pIau print) 17& For additional informacion or assistance. ple:lSe cooract Amy TrlOmpson at (404) 679-315~ or Bobby Scevens at (404) 679-4943. 5/99 AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY ATTORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No, (706) 722-5984 E-Mail: JWall@co.richmond.ga.us ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM RICHARD L. COLCLOUGH FREDDIE L. HANDY WILLIAM B. KUHLKE, JR. WM, "WILLIE1, H. MAYS, III J B. POWELL STEPHEN E. SHEPARD LEE BEARD Mayor Pro Tern CHARLES R. OLIVER, P E, CPA . Administrator MEMORANDUM To: Macedonia Connection Fl"Om: James B. Wall Date: September 9, 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 reeipielit makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. The previous contract which we have used with private entities, which you -niay have already signed, meets the first requirement, i.e., it is a contract for services; however, I am concerned the DCA may reject the earlier contract because it does not clearly show the scope of services as being in aid of a lawful activity with a benefit substantially to the County. Therefore, I have revised the contract to provide additional language in this regard. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized, The second concern was the constit1;ltional prohibition against paying funds to,. or contracting with, a sectarian entity. We have been~required to conduct "such factual inquires as may be reasonably neGessary to enforce" the sectarian aid prohibition, Accordingly, J have included a certification that your organization i.s not "organized out of be~~~f if) Qod" or other supernatural beings"; which is a requirement for your organization being eligible for the grant furids. . I have attached two copies of the contract, slI1ce we must provide one copy to DCA. The. remaining copy is for the City's records. Please f:~xecute both copies of the contract in order that they may be returned to me. Further, if YOlI should have any questions concerning either the scope of services or the certification; please call me. . Grant No. ,OO-C-L-485 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 2nd day of September 1999, by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and Eichmond County, a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; and WHEREAS, the Department is authorized by the provisions of O.C.G.A. 1350-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and . WHEREAS, the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend funds for the purposes set forth herein; . NOW, THEREFORE, in consideration of the mutual covenants and warranties contained herein and other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged. the parties agree and covenant as follows: 1. Scope of Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts, an amount not to exceed $8,000 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. . I 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: $6.000 Within ten days ofthe Department's receipt of the executed Agreement. $2,000 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $8,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. . Grant No. 00-C-L-485 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 shalleontinuously 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 LeJ!a11v BindinJ! 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 includling 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. MonitorinJ! and AuditinJ!. Upon request, the Recipient agrees to provide the Department with any information. documents and/or photographs the Department deems necessary to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate books, records and accounts reflecting its administration of Agreement funds and compliance with all applicable laws. Such documentation shall be retained for at least three years from the completion of said project and shall be made available to the Department upon request. The Recipient further agrees that an accounting of these funds shall be included in the next regularly scheduled audit or financial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have .been accounted for. The Recipient acknowledges and agrees that any unresolved findings of the Department concerning expenditure of project funds. whether based on an audit report. financial statement. project completion report or independent investigation of the Department, shall preclude the Recipient from applying for or receiving any further grants or other funds from the Department. until -such findings are resolved to the satisfaction of the Department. 8. Open MeetinJ!s. The Recipient certifies that in approving this Agreement, it has complied with all the open meeting requirements of Chapter 14 of Title 50 of the Official Code of GeorgIa Annotated. 9. No AJ!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 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 flve 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 Recipi;~nt: (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 (tv) has violated any federal, state or local law. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. -' . Grant No. ,OO-c-L-485 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). TIle "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). TIle 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 . meanilng related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant RecipIent to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary. to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire AIlreement. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otheIWise. other than those expressly set forth herein. . No amendment or modification of this Agreement shall be binding unless both parties have ~~greed to said modification in writing. [Executions on following page] . ~4 . Grant No. ,OO-C-L-485 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:.~~ ()~ "y Mayor P2t; 1'~ - 'T". ~~ Attachments: Exhibit A. "Scope of Services" FOR THE DEPARTMENT OF COMMUNI1YAFFAIRS By: ~ '/ .,. ,Grant No. ..OO-C-L-485 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Richmond County for operating funds for Macedonia Connection tutorial 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. ILthe 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. . Tn illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. Search Resul~~ ;, Page 1 of 1 z~ G. ';E. If',f....}.m~~~li 11&; _...... ~~..~;~r.~. S..'E""C" '~J~~.A.~:v' 0.:.' :p-- S~'A'T..e _~.1~ ... '"'~" ~ ~_~ I{ - ....'~.. ..: ,- h'} I},~. ' .: ~; L A M. . . ., EWiS ...., I . iA,SS~EY . . .. . . I . . Search Results Information current as of 6/26/99 ReCClrds 1 - 1 of 1 Total Records Found Click here for an explanation of terms MACEDONIA CONNECTION, INC. (DOMESTIC NON-PROFIT) 1828 WRIGHTSBORO RD. AUGUSTA, GA 30904 IControl # Status Filing Date K601478 CTIVE/COMPLIANCE 11/16/1995 Officers Last AR Paid 0410211999 gent County RICHMOND ~egistered Agent CQIJELlNE WILLIAMS gent Address 2405 BIRDIE DR. UGUSTA, GA 30906 New Search .,' . -- ... II STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of ~, 1999, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "Augusta"); and MACEDONIA CONNECTION, INC. (hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of Co@nunity 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 $8,000.00 (the "Funds"), to be paid to Organization upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the Organization agrees to perform the following services, which Augusta has determined renders a substantial benefit to its citizens, to wit: To provide an aftE!r school program to further public 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 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; 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; o Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; o Codes, including building, housing, plumbing, and electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. 2 . .1/ " :: 4. The Organization shall hold harmless and indemnify Augusta, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. . 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. 5 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. 5 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 5 3 " r ~ ~ 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 ref'~rence 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 (19:32) . "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. "Insti tution" may have a similar meaning related to "or9anization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. Organization certifies that Augusta has made inquiry of 4 '.' ~,~ ..... .*- ~'r' . ,.", "' .,,- . Orgranization 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 reirnburse 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. MACED~ONIA CONNEC ORGF,N ON By: A.s its ~TEST , ATTEST: Title: ~,: ::: . "":"t,-,",,,:,",1\";",; ~!::: ~, ~.... - ..;~.. -. .: ~"':.,. .....;,,......'-.... ....:'oto.~ g .....:.... .-...........--..- {~..S~ //",#..." <t -~:\~,~ ,1'17 ~-".... .;.i!'--~ . ,'_ ,../f't 5 Office .of The Clerk of Commission Lena J. Bonner,CMC Clerk of COll}mission 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, Interim Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: March 20, 2001 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards. Enclosed are checks in the amounts of $16,000 and $6,000 from the Department of Community Affairs. Please issue Augusta-Richmond County checks to the following Local Assistance Grant Recipients. E ORGANIZATION GRANT NUMBER GRANT AMOUNT aster City Little League .0 l-C- L-449 $6,000 '.. CSRA Economic 01-C-L-425 $10,000 Opportunity Thank you for your continued assistance. Enc~losures: (2 Checks) " , '------. I .?" -. "J AUGUSTA-I~ICHMOND COUNTY COMMISSION 050264 -, .>. . ,-.-, DESCRIPTION P.O. NUMBER ,. -.c1NVOICENUMBER. INVOICE AMOUNT '. NET AMOUNT .. GRANT 032001 10,000.00 0.00 10,000.00 .. .. . - .. CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 050264 OJ /2 3 / 0 1 10,000.00 0.00 10,000.00 ~T"J~.~~~IJ.il.lA.'AilHt-'UIllJff..lJl'lHHIF'lH:.l-'i1:.\:JtfU;411~i(l)lJ;:n:l:Hf:~t1i1iHh'llrailllHl~:I:h'iH;ar:J;;:l~:r:";U:t=:....til!lll,lt!'I:r:li','~l:{~t:lIl1:1mlll:...."i:lM:H~ItI<1:I:f.~.."mn~~'i)~t~'1".l!J:9"fJ"!1~1I1,1U'...U,lI'I!I!....i1IH~~,,"~~..,~~~ .":.~.,::.~,:-. :~4:'(t'",~ ~:,::;,f~/~:-- t;~,li'.(~~~~~~-~i;;;-:-.--:~:~~::;;~ < :.' ~-r,j{,~}~":~J..:~ \ ';.':~~:'.~~'~;;ii:~~:~: Ij~~::::.:.~i: ~-;:~..% '. ~~:~~:>- -, Lz:iF-::Jr~ , ", . AUGUSTA.-RICHMONDCpUNTY. .. ,:: ...., '". .. .. .'":';.COMMISSION. ".T ..... "!.'~ .., ;~i~_~o~~~~;ti(!'t!~~t;i~~i. ,.. ~. ,. . _.'1. I :J:;:- 191 . 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Bonner[ CMC Clerk of Commission Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA, 30911 (706) 821-1820 - FAX (706) 821-1838 NanCy Morawski Deputy Clerk March 28, 2001 Ms. Gloria Lewis, Executive Director CSRA Economic Opportunity 1261 Greene Street Augusta, Georgia 30903-2704 Dear Ms. Lewis: Enclosed is a check in the amount of $10,000 representing final payment of your FY2001 State of Georgia appropriations through the Georgia Department of Community Affair:; Local Assistance Grant Program. If I can be of further assistance, please feel free to call. Very truly yours, .v{k Lena 1. onner, Clerk of Commission Enclosure: T 1 j . GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR March 16, 2001 -Honorable Bob Young: Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is the final payment in the amount of $10,000 under Local Assistance Grant #01-C-L-425 to Augusta-Richmond County. If you have any questions, please call Amy Hill at (404) 679-3154. Sincerely, (2sI~ Jim Higdon Commissioner JH/j~ _ _ Enclosure 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' j' Office of the Mayor Bob Young, Mayor Room 806, Municipal Building 530 Greene Street, Augusta, GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us March 8, 2001 Honorable Jim Higdon, Commissioner Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329-2231 Dear Commissioner Higdon: Enclosed is the following Request for Final Payment form for the following grant recipient: ORGANIZATION GRANT AWARD NO. CSRA Economic 01-C-L-425 Opportunity Authority As. always, we appreciateyour continued assistance in the administration of Augusta's grant awards. r . ,1. 'l' GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 r . CSRA ECONOMiC OPPOR";"ITY AUTHORITY ~:ECIPIENT: - . LA GRANT AGREEMENT NUMBER: Ol-C-L-425 LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT GENERAL INSTRUCTIONS: This form is to be completed once. you have fulfilled the scope of \vork as outlined in yow: 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: 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 infOlmation stated herein is true and accurate. Name and Title Bob Young, Mayor Date?l~ (I)( 'I ri .. . . . ;' CSRA Economic Opportunity Authority, Inc. 1261 GREENE STREET P,O. BOX 10104 AUGUSTA, GEORGIA 30903-2704 TELEPHONE (706) 722-0493 FAX.(706) 722-8565 EXECUTIVE DIRECTOR Gloria B. Lewis March 2,2001 Ms. Lena Bonner __. 5?O Greene Street I. Room 806 Augusta, Georgia 30911 Dear Ms. Bonner: This is a request for the balance of the $40,000 Local Assistance Grant appropriated by the General Assembly for CSRA Economic Opportunity Authority, Inc. According to our first allocation, the balance is $10,000. If you have any questions or need additional information, please contact us. Sincerely, ~ Glo 'a B, Lewis Executive Director GBLlmsh I t.." . "An Equal c/Ppo';t~~it~':EmPloyer~" ... '.. BOARD OF DIRECTORS OFFICERS: Mr. Marion E. Barnes, Chairperson. Ms. Imogene P. Ford, Vice Chairperson. Mr. Melvin Parkman, Secretary. Dr. Louise A. Rice, Treasurer '. . MEMBERS: Ms. Christine Abney · Mr. Shepherd Archie · Mr. Lamont Belk . Ms. Jackie Childers · Minister James W. Clark · Ms. Jackie Harris . Mr. Woodrow Harvey · Mr. Emanuel Larkin, Jr. · Mr. Willie W. Law, IV . Ms. I. Angel Little. Mr. Wm, Quincy Murphy. Ms. Margaret Parker . Mr. Dwight L. Parks. Ms. Lena Warren. Ms. Ophelia Wigfall SERVING 1~1 CSRA COUNTIES: Burke. Columbia. Emanuel. Glascock. Jefferson · Jenkins. Lincoln · McDuffie · Richmond · Screven . Taliaferro · Warren. Wilkes; also serving Bulloch County. " ~.._f._9.'~ .~ GEORGIA DEPARTMENT 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 $25,000 in Local Assistance Grant funds has been included in the Fiscal Year 2001 State Budget. A brief description of the purpose for the grant is included on the enclosed application fOlm. To begin the paperwork necessary to receive this grant, please complete in detail the attached application form and return it to my office. Once we have received and approved the application, we will forward a cqntract to you. We are delighted to assist you with your community development activities. If you have questions, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Thank you. Sincerely, I :t: Commissioners ~~.. JH/aha Enclosure 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 - -I "'1 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 July 18, 2000 Ms. Gloria Lewis, Executive Director CSRA Economic Opportunity Authority, Inc. 1261 Greene Street Augusta, Georgia 30901 RE: Harrisburg West End Neighborhood Association, Inc. D~ar Ms. Lewis: Enclosed is an application form from the Georgia Department of Community Affairs regarding th~e Local Assistance Grant from the Fiscal Year 2001 State Budget, which. was awarded to your agency through the efforts of our local Legislative Delegation for the Harrisburg West End Neighborhood Association to provide food for the poor. Please complete the highlighted areas on the form and execute the enclosed contract between your agency and the city, which is needed to aid in the release of funds and return promptly to my attention. Should you have any questions or need any additional information, please feel free to call. Very truly your , ;j r/f!!!; onner, Cl,erk of Commission Enclosures: "i' AUGUSTA-RICHMOND COUNTY COMMISSION. BOE;YOUNG Mayor JAMES B. WALL CITY ATTORNEY p, O. Box 2125 45L'-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 MARlON WILLIAMS CHARLES R. OLIVER, P E, CPA Administrator WM. "Wll..LIE" H. MAYS, III Mayor Pro Tern MEMORANDUM To: Harrisburg West End Neighborhood Association, Inc. F..om: 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 pllrpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity, We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your oqianization 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. r 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 YO;J should have any questions concerning either the scope of services or the certification, please call me, . . .J AUGUSTA-RICHMOND COUNTY COMMISSION Bon YOUNG Mayor JAMES B. WALL CITY A TIORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: Jwall@co.richmond.ga.us 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. "Wn..UE" H. MAYS, III Mayor Pro Tern , MEMORANDUM To: CSRA Economic Opportunity Authority From: James B. Wall D:ate: 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, I have included a certification that your organization is not "organized out of belief ill God or other supernatural beings", which is a requiremerlt for your organization being eligible for the grant funds. . . J have attached two cppies of the contract, Sll1ce we must provide one copy _ to DCA. The rern-aining copy is for the City's records. Please execute both copies ofille 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. EARLY CHILDCARE AND SCHOOL AGE CARE PROGRAM SUMMARY The CSRA EOA operates a comprehensive summer childcare program for 20 four year olds. This program is located at one of our National Association for the Education of Young Children (NAEYC) accredited Head Start , Centers, at 3227 Deans Bridge Road, Augusta, Georgia 30906. This program ,provides some of low-income families with a quality summer childhood . expansion program while the parents are at work during the day in the '. summer. We operate between 7:00 a.m. - 6:00 p.m., Monday through Friday. , This summer program also enhances the education and preparation of four year olds as they prepare for public school. , Your support will allow the CSRA to enhance these services to our community, and more specifically to low income families seeking quality child care services in Augusta-Richmond County, while public school is in summer recess. I. " 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. Youth Leadership Development Mary Utley Neighborhood Service Center (Hyde Park) 2024 Goldenrod Street, Augusta, GA 30901 .Proaram Description . The CSRA EOA will operate a Youth Leadership Development Program that will provide tutoring, leadership development, team building skills development, drug and alcohol education, pregnancy prevention, multicultural enrichment and career exploration. The program will be open to in-school Richmond County youth with the target population being youth living in the Hyde Park neighborhood. The majority of youth participating in the Youth Leadership Development Program will be minority youth. The program will operate Monday through Friday 3:00 p.m. until 16:00 p.m. during the school year. Special events and field trips for program participants and their families will be scheduled on Fridays. The goals of the Youth Leadership Development Program at the Hyde Park II\Jeighborhood Service Center are for the youth to (1) develop the knowledge and skills to continue their education, (2) prepare for employment, and (3) act as positive, productive, pro-active citizens in the community. This will be accomplished through engaging youth in educational, team building, leadership development and multi-cultural awareness and appreciation activities. Through the Youth Leadership Development Program, we are seeking to provide youth with stepping stones to overcome barriers and create a bridge to self- sufficiency and economic independence. The stepping stones include providing youth assistance with: HomeworklTutoring Resisting alcohol and other drugs Leadership and Team Building_Skills Anger Management Skills Multicultural Awareness/Appreciation Parent/Guardian Training Sessions Environmental Awareness Pregnancy Prevention Problem Solving Computer Literacy Career Exploration Scheduled Family Meetings VVith these tools, youth and their families will be able to contribute to building a better neighborhood: one that is economically strong, safe from violence, and is aware of economic, environmental and political issues. Youth will enhance their local community through their skills, knowledge, and productivity. Funding will be used to supplement all costs associated with implementation and operation of this program. , f GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 12,2000 Honorable Bob Young Mayor Augusta/Richmond County 503 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: I am pleased to advise you that $40,000 in Local Assistance Grant funds has been included in the Fiscal Year 2001 State Budget. A brief description 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 form and return it to my office. Once we have received and approved the application, we will forward a contract to you. We are delighted to assist you with your community development activities. If you have questions, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Thank you. S.incerely,tJ+, it:: ... . .. - ". ~..... . Higdon Commissioners JH/aha Enclosure EQUAL HOUSING.~ OPPORTUNITY L:.I 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * R~cycled Paper Application for Local Assistance Grant Local Assistance Grams are made pursuant to O.c.G.A. ~50-8-8(a) which provides in pertinent pare: "The ckpartment shaD mak~ grants to elir;ibfe reCipients or qualified local governments, which grants are $J1ecified by amount, recipient., and purpose in an appropriation to the department" 1. Recipient identified by the Genc:ral Assembly in Appropriations Ace: Ricnmond County 2. ~O~t appr?pri~ted .by General Assembly: ,$40,000 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: ,Contract for services with the CSRA Economic OpportUnity Authority 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 co be iiUriaced, and for what purposes the funds awarded through this grant would be used. Attach additional pages if necessary. Please see attached summary pages. b. Please provide a budget for the proposed project, listing all revenues and expenditures. Project Revenues Project Expenditures Local Assistance Grant 40 . 000 <tn,nnn Local Govt. Other 72,554 72,554 TocaJ. 11::1.S,4 11?,c;C;d c. Provide expected project stare up and project completion dates: ~L1- - -1U. - --!lQ. B~nninf DIUe ....Q2... - ~ - -.Sll... Compktion DIIU 5. Contact Information: PIe:lSe provide the following contact information for the grant. Name: Gloria B. Lewis Address: 1261 Greene Street P.O. Box 10104 Augusta State': GA Zip: 30903-2704 City: Tdephone: 706-722-0493, Facsimile: 706- 722-8565 E-mail: GLewis@CSRAEOA.ORG Name: Lola Walton Johnson Address:' 1261 Greene Street P.O. Box 10104 City: Auqusta State: GA Zip: 30903-2704 Tdephone: 706-722-0493 Facsimil~: 706-722-8565 E-mail: L. J ohnson@CSRAEOA. ORG 6. Certification I, rhe undet5igned authorized representative of the 10ca1government described in this application, certify that to the best of my \Q1owled#e, the informacion in chis applicacion is true and correct and the Local Assistance Grant subject to chis ap~t~o~'il1 bet used for mefOurpo outlined above. I further certify the local government described in chis appli~rvh all-r~ . ite power an uthority to expend funds for the purposes set forth herein. ; :.' .:..J lJIa.yqr, 2? / ! ~ I i) tho~.AZC ngnature / " ( , ,~~ I j- 08 04 , \ '-'" 00 Dau Gloria B. Lewis Na= (piau print) Executive Director TIde For additional information or assistance, ple:lSe contact Amy Hill at (404) 679-3154 or Bobby StC'/ens at (404) 679-4943. Georgia Department of Community .-\ff:llrs 60 Executive Park South, NE Acianta, GA 30329-2231 www.dca.scare.ga..us 6/00 '1t. , !', ~j STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ay of ~rr~ 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 CSRA ECONOMIC OPPORTUNITY AUTHORITY hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of Cowaunity 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 dete,rmined renders a substantial benefit to its citizens, to wit: To provide proc;:rrams for the disadvantaged, promoting pub1ic hea1th and safety. 1 '~ .' Augusta has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: ~ 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; o Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; o Codes, including building, housing, plumbing, and electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. 2 '6 '~ ~ .- 4. The Organization shall hold harmless and indemnify Augusta, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open,Meetings Law for the State of Georgia (O.C.G.A. ~ 50-14-1, et seq.) if the Organization receives as a direct allocation tax funds which constitute more than 33 1/3% of its.funds from all sources, it may be required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subj~ct 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 '.. 't 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 t:he universe. The American Heritage Dictionary Second College Edition 1044 (1982) . "The term I church I is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Insti tution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.J Augusta may not contract for services with any entity organized out of belief in 'God or other supernatural beings. 9. Organization certifies that Augusta has made inquiry of 4 .>.IJ .;", ., Orgi:Lnization as to whether it is "organized out of belief in God or other supE!rnatural 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. CSRJl. ECONOMIC OPPORTUNITY AUTHORITY ORGJl,NIZATION BY:(~ ~.~ A,s its Execut:Lve D:Lrector riP 1A ~y: ql'{JV" I " ATTEST: /J~ 1- ~ Title: Fiscal~Off:Lcer ,Sworn to and subscribed before me this day of ~OOO. Notary Public My Commission Expires: 5 .". " '. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR September I, 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 $40,000 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 grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning the two copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. The Department of Community Affairs is pleased to assist you and the General Assembly in the administration of this grant. If you have any questions, please feel free to call me or either Amy Hill at 404,679.3154 or Bobby Stevens at 404,679.4943, SinC~relY+ ~don RECEIVED Commissioner JH/cm En.~losure cc: Richmond County Legislative Delegation SEP 05 2000 Mayor's :,,.In;(; Augusta-Richmond County EQUAL HOUSING ~ OPPORTUNITY L:.I 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportllnity Employer * Recycled Paper ~) ,"; . . '. '0" . c.rant No. Ol-C-L-425 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 28th day of August 2000, 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 , WHEREAS, mutual cooperation and assistance between the state and its political subdivisions is b~neficial to the administration of programs to assist the citizens of the state; and WHEREAS, the Department is authorized by the provisions of a.c.G.A. 1350-8-8 to grant and administer pUblic funds in furtherance of the public purposes specified therein; and WHEREAS, the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend funds for the purposes set forth herein; NOW, THEREFORE.' in consideration of the mutual covenants and warranties contained herein. and other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged. the parties agree and covenant as follows: 1. Scope of Project. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts. an amount not to exceed $40.000 to be used ::;olely for 'the purposes specified in the attached Exhibit A. which is incorporated herein by refere~lce and made a part of the Agreement. . 2. 'Accountabilitv. The Recipient agrees to expend said funds solely in conformance with this Agreement and to account for said funds in accordance with generally accepted accounting principles. Any funds not expended for the purposes provided herein shall be retumed to the Department, no later than completion of the project. 3. Disbursement of Funds. Subject to the availability of funds for such purpose. the Department shall pay the Recipient,in accordance with the following payment schechile: $30.000 Within ten days oftheDepartment'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. ;- " ~ 9-raftt No. 01-~-L-425 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. 845-10-20 throu.gh S45-10-28 and O.C.G.A. S36-67A(l) through S36-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally, the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Legally 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 yxpenditure 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. Monitorinll 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 jproject 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 ~cheduled audit or financial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have, been accounted for. The Recipient acknowledges and agrees that any unresolved findings of' the Department concerning expenditure of project funds, whether based on an audit report, financial statement, project completion report or independent investigation of the Departnient, 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 Depaltment. 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 AIlencv or Partnership. Nothing herein nor any actions of the parties hereto or their agents or empl9yees 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 terrriinate this Agreement, with or without cause, upon :five business days written notice to the Recipien~: If at the time of terrriination. 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 deterrriines, in its sole discretion, that the Recipient: (1) has failed to comply with, the terins 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 w~s awarded; or (iv) has violated any federal, state or local law, ordinance or regulation, the Recipient shall be' required to return to the Department all funds disbursed under this Agreement, upon request. , ! .. ;." ~ ~ <;I-rafi1t No. 01-C-L-425 Page 3 of 5 12. Sectarian Aid. (a). One Of the constraints imposed by the Georgia Constitution on the implementation of grants through prtvate 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 sectartan institution." Ga. Const,. Art. I, Sec. II. Par. VII. (b). TIle "Sectalian 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 Anny to conduct welfare program). This is true even if the program is conducted neutrally. without reference to such beliefs and practices. 1988 Op. AU'y Gen. AU'y Gen. No. U88-6. (c): TIle words of this prohibition have their ordinary meanings. In Bennett. the Supreme Court indic3tted 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 Amertcan Herttage Dictionary Second College Editionl044 (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 doctrtnes" 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 Amertcan Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. ' (d). Without limiting any other provision of this grant agreement. it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquirtes 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 Agreeinent. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise. other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to ~aid modification in writing. [Executions on following page] .. r. t;raiit No. OI-C-L-425 Page 4 of 5 IN W][TNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT By: ~ , Attachments: Exhibit A. "Scope of Services" FOR THE DEPARfMENT OF COMMUNIlY AFFAIRS By: ~ o. ... ~ Grant No. Ol-C-L-425 , Page 5 of 5 EXHmIT A The Local Assistance Grant shall be used Richmond County to contract for services with the CSRA Economic Opportunity Authority in Richmond County, , · If the preceding statement of purPose designates a private program or entity for accomplishing its purpose. ~e 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 coIidition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. · Tq illustrate. suppose the appropriation is for a giant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. · It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure tb act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. ,~: ~ 1\; ;. · ."S'EATE OF GEORGIA GRANT CERTIFICATION FORM ; -' ~ "," ... . 'i, ~ ~ I ' As req[uited by House BiIl1364 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 c.opy of the '~nni1al audit report. Questions concerning the preparation and submission of this form should be referred,to Local Government Audit Section of the Georgia Department of Audits and Accounts. Instructions for Gompletion 1. Complete lines A through K on page 2 of this form. Please note that one 'form should be used for each grant from the governor's emergency furid or from a special project appropriation. 2. The: appropriate officials should sign. and date the section entitled "Certification of Local Government Officials." 3. Attach Independent Accountant's Report. 4. Mail the Grant Certification Form (including Independent Accountant's Report) with one copy of the audited annual financial report to: State of Georgia, Department of Audits and Accounts . Local Government Audits Division <254 Washington Street, S.W. : Suite 322; 'Atlanta, Georgia 30334-8400 5. If the local government meets the eligibility criteria for an agreed upon procedures engagement in acci)rdance with the provisions of the Official Code of Georgia Annotated Section 36-81-7, the local government is responsible for ensuring that the procedures performed by the independent certified public accountant are sufficient in scope to enable the CPA to complete the Independent Acc:ountant's'Report. These procedures include examination of grant application and award documentation to become familiar with the terms and conditions of the grant; verification of receipt of grant proceeds; and evaluation of the local government's documentation of expenditures. The purpose of these procedures is to com~ly with the provisions of House Bill 1364 requiring certification that the grant funds were u~ed solely for the express purpose or purposes for which the graIlt was made. , 6. Wh;ether the local government engages an independent certified public accountant to perform an audit or perform the agreed upon procedures, for purposes of meeting the requirements of House Bill 1364 the independent CPA should be engaged to examine management's assertion of compliance witl;l the requirement to use grant funds solely for the express purpose or purposes for which the grant was made. The independent CPA should conduct the engagement in accordance with the standards for examination engagements for compliance attestation contained in the Codification of Statements on Standards for Attestation Engagements. 7. This form and the accompanying Independent Accountant's Report is required to be filed with the statc~ auditor in conjunction with the armual 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 Fonn, or attestation engagements should be referred to Edward Blaha, Deputy Director, Local Government Audit Section, at the address listed above; telephone (404) 651-5115; fax (404) 651- 560.8; or e-mail blahaef@mai1.audits.state.ga.us .... .. ' _...... I '. STAT-E OF GEORGIA GRANT CERTIFICATION FORM ,I'. t.\ ~'! . A Local Government B Information For Year Ended I . C State A warding Agency . D Grant Identification Number .) E Grant Title . , F Grant Award Date ~ G Grant AmoUnt , H Balance - ~rior Year (Cash e'r Accrued or Deferred Revenue) I Grant Receipts or Revenue Recognized , . J Grant DisbUrsements or Expenditures K Balance - Gurrent Year (Cash or Accrued or Deferred Revenue) (JUne H + Line I - Line J) .. - Certification of Local Government Officials I have.reviewed the information presented above and certify that, it is accurate and correct. I further certify ,that the proceeds of the grant award identified above were used solely for the express purpose or purposes for whiph 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 ,r.. <0- .. ~ ' .. ._ ;!" ~~.' d ;.' ... "'"T' ~. IndeDendent Accountant's ReDort We have examined management's assertion inCluded in the accompanying State of Georgia Grant Certification Fonn 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 thl~ grant waS made for:each of the following grant award(s): , [Individually identify each grant award of governor's emergency funds and/or special project appropriation.] , , Management is responsible for [name of government]'s compliance with this requirement Our responsibility is to' express an opinion on management's assertion about the [name of government].'s compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name of government]'s compliance with this requirement and perfonning such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal detennination on [name ofgovernment]'s compliance with the specified requirement. In our opinion, management's assertion that [name of government] complied with the afc,rementioned requirement for the fiscal year ended [date] is fairly stated, in all material respects. '\ '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, Interim Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: July 25, 2001 SUBJECT: Department of Community Affairs' Local Assistance GrantAwards Enclosed are checks from the Georgia Department of Community Affairs in the amount of $33,125 and $5,000, which represents final payment of following grant awards. Please issue Augusta-Richmond County checks to the following Local Assistance, Grant recipients: ORGANIZATIONS GRANT NUMBER GRANT AM:OUNT , Augusta Recreation 01-C-L431 $18,750 Eastview Park . Augusta Recreation 01-C-L-323 $11,250 Eastview Park Safe Communities 01-C-L-652, ' $ 5,000 CSRA Transition Ctr. 01-C-L-432 $ 3,125 Thank you for your continued assistance. Enclosures: ' Cc: Mr; Tom Beck, Director Augusta Recreation 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 1 , 2001 I Ms. Priscilla Bence, Coordinator Georgia Department of Human Resources Division of Public Health 1916 North! Leg Road Augusta, Georgia 30904 DE!ar Ms. B~nce: . , Enclosed is a check in the amount of $5,000 representin'g final payment of your FY2001 , , State of Georgia appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program for the Safe Communities Coalition of' Richmond to", County, ' If I can of further assistance, please feel free to call. Very truly yours, ".~ ' t)1 , . , , Lena J. .on:ner ' Clerk of Coni mission Enclosure: 1 ... " :"1-, . ,0 ~ . :r', page. 001 :OF" 001" . .' .. "Vendor No: ' 0000013~727. ,". "", Vendor Name:., AUGUS,TA'- RICHMOND: COUN!Y' , ", 't,',., STATE Of GEORGIA'. " DEP!,RT"f>!ENT "OF ~pMMUNnY ," ': \'~' :;',:'>>:~::"::'~ :'.:A Tl;ANTA:, G,A' \:": BANK', '1;100~1 000: . AFFA..rRS;.';;.<' Che<:kN6: . ; :';'t'?;,;.';t~j~;:~~~~:: ....,~ ' ,"': ';' ,.'.>, .. .........:.J:. . . ".' r,,-" ".. "..', .....l.. '..\~' .'.. ':-:-, ~ .... ....: ,. I' . ", ' ;I:~f" '.1'" ;:i~" . I'."'. .....'. ,".it!:' I'L":, .}. ,;. .....+.' " ~I 1)::;'~1~~t.. ,:,Jr~~:~_~ .-f.' \ [..,\iel.v to t"~"O;dof' ,I 'j :1 '\ i :1 1111]0000 I:t g 27 2111 ;1 . j 1:0 (; ~OOOO~OI: 07 O~7 I:t (; Sill GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 23,2001 Honorable Bob Young Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: S71-:r-e Um/lJL//fl T/€S- Enclosed is the final payment in the amount of $5,000 under Local Assistance Grant #01-C-L-652 to Augusta/Richmond County. If you have any questions, please call Bobby Stevens at (404) 679-4943. Sincerely, ~d~~ Commi ssi oner JH/cm Enclosure EQUAL HOUSING ~ OPPORTUNITY L:.I 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper Office of the Mayor , Bob Young, Mayor Room 806, Municipal Building 530 Greene Street, Augusta, GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us June 21, 2001 Honorable Jim Higdon, Commissioner Georgia Department of ComlIlunity Affa,irs. 60 Exe~utive Park South, NE Atlanta, Georgia 30329-2231 RE: Local Assistance Grants Dear Commissioner Higdon: I ' Enclosed is the Local Assistance Grant Request for Final Payment form for the following organiiation: ORGANIZATION Safe Communities GRANT NUMBER Ol-C-L-652 Thank you for your continued assistance in the administration of Augusta's grant awards, ~, ',' " ,; GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. · Atlanta, Georgia 30329;..2231 ~ECIPIENT: Safe Communities LA GRANT AGREEMENT NUMBER:Ol-C-L-652 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: 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. Date D ( Authorized Si ature Bob Young, Mayo Name. and Title ......'>' ,." AUGUSTA-IRIGHMOND COUNTY COMMISSION 058482 ,. .DESCRIPTION , . P,O, NUMBER . INVOICE NUMBER ' , INVOICEAMOUNT ' :NE'FAMOUNT.. GRANT 01CL652A 5, 000.00 0.00 5,000.00 t ; , " I . I _n_ , - - " ^. CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL I 058482 07/27/oi 5,000.00 0.00 5,000.00 1110 5 a I.... a 2111 I: 0 b J. J. 0 J.' j 7 5 I: b a j 0 J. I.... a j g 1....111 " Frank M. Rumph, M.D., District Health Director Georgia .ol~partment MHuman Resources + Division of Public Health . East Central Health District +1916 North Leg Road + Augusta, GA 30909-4437+ (706) 667-4326 + FAX(706) 667-4365 District Environmental Health Office'" (706) 667-4344 ... FAX (706) 667-4343 DHR i . June 12,2001 Ms. Len(i Bonner Clerk of Commission Augusta Richmond County Commission 530 Greene St. " Augusta, Georgia 30911 Dear Ms~ Bonner: The Saf~ Communities Coalition of the Richmond County Board of Health requests the fmal payment of the 20,000-dollar grant (5,000 dollars) provided by the state legislature , through the City County Government. We have completed three-fourths ofthegoals as stated inthe original application. Please call me if you have any questions at 667-4691. , Sincerely yours, rJd~d~, P;i~cma~c~ Coordinator ~,2!l:.;- - ,), Project Birecto -~-' -- f ; Barbar ,p' es District Administrator ----- '--- .. ' '( Depend On Us An Equal Opportunity Employer .. .. Burke .. Columbia .. Emanuel McDuffie" Richmond .. Screven .. Glascock .. Jefferson .. Taliaferro .. Warren .. Jenkins .. Wilkes .. Lincoln .. .. Office of The Clerk of Commission December 4, 2000 Lena J: Bonner, CMC Clerk of Commission Room 806 - Munidpal Building 530.Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 NancY Morawski Deputy Clerk Safe Communities 'C/O Dr. Frank M. Rumph, M.D. Richmond County Health Department 1916 North Leg Road Augusta, Georgia 30909 Dear Dr. Rumph: Enc.1osed is a check in the amount of $15,000 representing 75 percent of your FYOO-O 1 State of Georgia appr9priations through the <;Jeorgia pepartment of Community Affairs Local Assistance Grant Program. Upon completion of your project as outlined in yoUr grant application you can request through this office in writing final 'payment of this grant award, which will be forwarded to DCA.on your behalf. , If r can be of ,further assistance, please feel free to caJl. Very truly 'yours, dJ;fJ!J/~ Lena J. Bonn~r; , Clerk of Commission Endosure: AUGUstA-RICHMOND COUNTY COMMISSION I 042993 ~W~"l:::{::::;:; ;:;:~t~~~~:~:::. ,,'.,,".DESC:RIPTION'3":"","..,',.. :::}(:W:~:::f;r:::: "'P.O~';NUMBERb "i"INVOICEINUMBER;" ""\,'INVOICF. AMOUNP<';c,;' ';';i!:_::~;~:'~~*:':'i:i:::t:::-: ,:~::::':"" . -; ~:::~ _::~ ~::~<:,. '.';,'iNET"AMOUNTi-:" , .. pRANT 0 1 CL6 52 1 5 , 0 0 0 0 0 0 0 0 1 5 , 0 0 0 0 0 : " , . . -, ,- - - - - .... - h_ -.- -- - - ,- ,- -- - j , - , , - " , .. , -, " CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 0 4 2 9 9 3 1 2 / 0 1 / 0 0 1 5 , 0 0 0 0 0 0 0 0 1 5 , 0 0 0 0 0 - /- II' 0 '-t 2 g g 311' I: 0 b ~ I. 0 ~ 1 ? 5 I: b B lOlL, B 1 g L, II' i :-- ..,.~1 ',.' " ", ~ Granic No. Ol-c-L-652 STATE OF GE0RGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS " THIS AGREEMENT entered into this 26th day of October 2000. by and between the Depmtment of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and Richmond County. a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient"). WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and I ' WHEREAS, mutual coopera49n 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 Pro1ect. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts. an amount not to exceed $20,000 to be used :30lely 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 Depar:tment. no ;later than completion of the project. , 3. 'Disbursement of Funds. Subject to the availability of funds for such purpose, the Department sha'l pay the Recipient in accordance with the following payment schedule: $15.000 Within ten days of the Department's receipt of the executed Agreement. $5,000 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $20,000 Total Disbursement , 4. Applicable Dates. The effective date of this Agreement is specified on page one. ~ "", ";1 ,. ", 'i' (~ Grant No. Ol-C-L-652 Page 2 of 5 5. Conflicts of lInterest. 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 945-10-28 and O.C.G.A.936-67A(l) through S36-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally, the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Legallv Bindinf! 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. , I 7. Monitorinl! and Auditinf!. Upon request, the Recipient agrees to provide the Depmtment with any infonnation, 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 agree~, 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 fmancial 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 Al!encv or Partnership. Nothing herein nor any actions of the parties hereto or their agents or employees shall creat~ 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 repre~entative of the Department. The Recipient shall be solely reSpO~?sible 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 A,greement have not been disbursed to Recipient, said funds shall be retained by the Department. I :' 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; (iil) has acted in any way contrary to the. purposes for which the grant was awarded; or (iv) has violated any federal, state or local law, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. ...>~.~ ;"$' ~~ -, ,I'" Gran1t No. 01-C-L-652 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 instit.ution." 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). TIle 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 supernatuT<ll 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 meani:ng related to "organization," but may also mean a "custom, practice, relationship. or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or preve~~t the State from asserting nonco~pliarice. .. 13. Entire A.l!reement. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise, other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. ' [Executions on following page] ;'& -. fli. '" Grant No. Ol-C-L-652 Page 4 of 5 IN W]lTNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT By: ~ Mayor Attachments: Exhibit A, "Scope of Services" FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS By: :;""l:," ",,~, Grant No. OI-C-L-652 Page 5 of 5 EXHmIT A The Local Assistance Grant shall be used by Richmond County to contract for services with Safe Communities Coalition of Augusta in Richmond County. . If.the preceding statement of purpose designates a private program or entity for accomplish~ng 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 cOIldition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own hi:storical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is.substanti~ll. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. y .~- , STATE OF GEORGIA GRANT CERTIFICATION FORM '.. ~ As r€:quired 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 c,opy of the annual audit report. Questions concerning the preparation and submission of this form should be referred to Local Government Audit Section of the Georgia Department or'Audits and Accounts. Instructions for Completion 1. Complete lines A through K on page 2 of this form. Please note that one form should be used for ~&h grant from the governor's emergency fund or from a special project appropriation. 2. The appropriate officials should sign and date the section entitled "Certification of Local Government Officials." 3. Attach Independent Accountant's Report. 4. Mail the Grant Certification Form (including Independent Accountant's Report) with one copy of the audited annual financial report to: , State of Georgia, Department of Audits and Accounts Local Government Audits Division 254 Washington Street, S.W. · Suite 322 Atlanta, Georgia 30334-8400 5. If the local government meets the eligibility criteria for an agreed upon procedures engagement in ac:cordance with the provisions of the Official Code of Georgia Annotated Section 36-81-7, the local government 'is responsible for ensuring that the procedures performed by the independent certified public accountant are sufficient in scope to enable the CPA to complete the Independent Accountant's Report. These procedures include examination of grant application and award docUmentation to become familiar with the terms and conditions of the grant; verification of receipt of grant proceeds; and evaluation of the local government's documentation of expenditures. The purpose of .these procedures 'is to comply with the provisions of House Bill 1364 requiring certification that the grant funds were used solely for the express purpose or purposes for which the gnmt was made. 6. , Whether the local government engages an independent certified public accountant to perform an audit or perform the agreed upon procedures, for purposes of meeting the requirements of House Bill 1364 the independent CPA should be engaged to examine management's assertion of compliance with the requirement to use grant funds solely for the express purpose or purposes for which the grant was ~ade. The independent C,P A should conduct the engagement in accordance with the standards for examination engagements for compliance attestation contained in the Codification of St~ltements o~ Standards for Attestation Engagements: 7. This form and the accompanying Independent Accountant's Report is required to be filed with the state auditor in conjunction with the annual audit for each year in which grant funds are expended or , remain unexpended by the local government. 8. Qu:estions 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 Go:vernment Audit Section, at the address listed above; telephone (404) 651-5115; fax (404) 651- 5608; or e-mail blahaef@mail.audits.state.ga.us ,,_l' ',. -STATE OF GEORGIA GRANT CERTIFICATION FORM " A Local Government B Information For Year Ended I C State Aw~ding Agency D Grant Identification Number E Grant Title F Grant A ward Date - G Grant Amount H Balance -' Prior Year (Cash . or Accrued or Deferred Revenue) I ,Grant Receipts or Revenue Recognized - J Grant Disbursements or Expenditures . K Balance -Current Year (Cash or Accrued or Deferred Revenue) (Line H +. Line I - Line J) Certification of Local Government Officials I hav\~ reviewed the information presented above and certify that, it is accurate and correct. I further certify that the proceeds of the grant award identified above were used solely for the express pwpose or pwposes for which ,the grant was made. I understand that failure to comply with the provisions of the law applicable ~o this grant award shall result in a forfeiture of such grant and the return to the state of any SlICh grant funds received. Signature ofC~iefElected Official Date Signature of Chief Financial Officer Date , '. - ...' IndeDendent Accountant's ReDort We have examined management's assert~on included in the accompanying State of Georgia Grant Certification Form about [name ofgovernment]'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 fundsandlor special project appropriation.] Management is responsible for [name of government]'s compliance with this requirement. Our responsibil~ty is to' express an opinion on management's assertion about the [name of government]'s compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and" accordingly, included examining, on a test basis, evidence about [na11le of government]'s compliance with this requirement and performing such other procedures, as we considered necessary in the circwnstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on [name of government]'s compliance with the specified requirement. III 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. >, "i' '. '. GEORGIA DEPARTMENT OF COMMUN,ITY AFFAIRS '" Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR November 27,2000 , . I Honorable Bob, Young, Mayor Augusta-Richniond County 530 Greene Street, Room 801 Augusta, Georgia 30911 I Dear Mayor Y bung: 'Enclosed is a check in the amount of $36,750 representing the first payment un.der the following Local Assistance Grants: Grant: No. 01-C-L-449 Grant: No. 01-C-L-651 Grant No. 01-C-L-652 ~1~:~~~I/Jl~~.Jv~ $15,000~~ Also enclosed are copies of the executed contracts for your files and Local Assistance Grant Request for Fi~al Payment Form. This form must be completed and returned once you have completed your project and expended the full amount of the grant funds. Upon receipt of this form we will issue the final payment. Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the ,provisions of the new law, failure to file the required information with the State Auditor-coul~ result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. ,I am pleased that we were able to assist you with the funds provided. , If you have, any questions, please call Amy Hill at (404) 679-3154. Sincerely, Q~4~ , Jim Higdon Commissioner JH/ja Enclosures EQUAL HOUSING .....:::~ OPPORTUNITY L.::J 60 Executive Park South, N.E.. Atlanta, Georgia 30329.2231 · (404) 679.4940 www.dca.state.ga.us All Equal Opportunity Employer @ Recycled Paper " GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER October 26, 2000 REcrn q:D ,T" 1 ~J " , ,.J J ':, ., ',- .., Roy E. Barnes GOVERNOR neT 3 0 7GOO Honorable Bob Young Mayor Augusta/Ricl?mond County 530 Greene Street, Room 801 Augusta, Georgia 30911 ~,',.. AU~Ua~-k\Cr\(nGnO (ioun~ Dear Mayor Young: The attached contract when executed commits state funds in the amount of $20,000 to Augusta/Richmond County for contract services with the Safe Communities Coalition of Augusta in Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contact. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning the two copies to me. I will then, sign for the Department and return a copy to you along with a check representing the first payment. The Department of Community Affairs is pleased to assist you and the General Assembly in the administration of this grant:. If you have any questions, please feel free to call me or either Amy Hill at 404.679.3154, or Bobby Stevens at 404.679.4943. Sincerely, ~' ~, Ji Higdon Commissioner JH/cm Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSI!'IG,~ OPPORTUNITY L.:.J . 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper 'r '. t!i1J& ~ J. ~ _.~ .+ ,-,' . ~. .!!. .- ~. +4}, ......J' .r-:: '::-''":~:.:.: :..<~, ,:-.;'}~~.~'3).....:~'( App.lication for LOcal ASsiStan.c~~eGiant:"~--~: "'4~~/'~~ . .....- ./...::.':'.......' .',. Local Assistance Grants are made pursuant to O.c.q.A ~50-8-8(a) which proVid~ inpe.rtinent part:~ ' "The department shaD make grants to elir;ibfe ;ecipients' ~,~ qU:WfieJ io~;(g~mz';';;'t;; ".-'-" ~ which grants are $J1ecified by amount, redpient, and purpose in an appropriation to the department" " 1. Redpient identified by the 'General Assembly in Appropriations Act: , , Ri~hmond County 2. .An:lount appropriated by Gene~ Assembly:, 't. . ',. $20,000 : 3. Pwpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Ace: Contract for services with the Safe C~)fx:munities Coalition of Au~sta in Richmond County !.1''''+~-,.~..,r!.~;:t-~'::'~'- ~::r;' f~~:.!~' '..;. :'~:,....~~:.-. ~ ~. ".:or f, ,\, '. '". ;','...' 4. Infc)rmation, Required by the Department of Community Affairs for Award: ,.'. " '_, '.~:." ." ',' ' a. Please provid~ a detailed description of the projeCt, location, type of work to be initiated, 'and' for ~hat p~ci~~: th'~ fu~ds awarded duough this grant would be used. Attach additional pages if necess:ur."." '" ',~' '<~ ,'j '~',' , See attached page ":-",,. b. Please provide a budget for the proposed projece, listing all revenues and expenditures. Project Revenues Project Expenditures Local Ass~tance Grant Local Go.n. Other 20,000 20,000 20,000' ,20,000 Total c. Provide expected project start"up and project completion dates: 11 01 00 05 31 01 - - --- &pnning Dau Compktion. Dale , . .,-' ~ 'C,}.", .... ;-." " " ':::~~{;~j..~' <-: :.+,;,~\':" , , ., ,j;,.,~;' {+ }.:-.:- , . ,'" "".. . . .... -'+- .'. .' "P i. , I ..4... ~-~;, -.:. -' , ,~';. ',;:,.:,:, -~. ~ no' f' . ~:;;:~'~i~~': ~ :-;;-:"'1.:'..<-. ,/11t~~::o; <~."".:n:>",..-, . ':-}.., r . .... ...,., ~",o;-._.- ....... ,;.-.c..,.- , . ." ~ ~ ---. -'-" ~, . , - . " , . ',,"5:-~~~A~Cc)~for~ation: Please provide the following contact information for the grant. ....,......~... ". """~ ,:Name: priscilla Bence' ..":..">_ -.or..:: __. ~ ',. -"'+ ,.... Safe Communities proj'ect ..:' Richmond Co Health qept ,. Address: ,. I.. ; : + 916 NO!='th Leg Road",," ';"'~ , City: August:';~ ,- Zip: 30909 State: . GA . 'Tdephone: 706/667-4690 Facsimile: 706/667-4728 .E-mail: pben~e@mindspring.com , Name: ,Barbara Spires,' District Administrator Ri~hmond Co~ealth pept~ 1916 North Leg Road ':'M#ess: City: Augusta 30909 State: GA Zip: 'Tdephone; 706/667-4330 Facsimile: 706/661-'-4332 E-mail: bjspires@gdph.ga.state.us, <:.:.; :,}' : t . " ;. ~o;: 6:_ Certification .., '~,::;. ~~~i~ ilie unde ", ,~' -best' ~f m .." " . t9 this . ' ,',: '~ikdiis"ap . , ed- authorized representative of the IOcU,goverriment described in this applicition, certify that to the Ie , the infor'mation in this application is true and cOrrect and the Local Assistance Grant subject be us d forthe,purp es outlined above. I fuCcher certify the local government described in ~,ite p:ower an authority to expend funds fo'r ,the pu~oses set forth herein. ',' ..' . (,;-. . /a'//S loV ( , 10 _10 Dau _00 Frank M.., Rumph, 'M.D. N_ .fpkase print) District Health Director '1itle For additional information or assistance, please contact ~y 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.scate.ga.us 6/00 --':j'.'''. , Application for Local Assistant Grant -, August 17,2000 Description of project, location, type of work to be initiated, and for what purposes the funds awarded through this grant will be used: Th~ Safe Communities Project/Coalition Augusta started. in Feb. 1998 when an , - epidemiologist was hired to study the traffic crash problem in Richmond County. " , The first year was spent in establi?hing an office in the Health Dept.; ordering ,comput~rs and supplies, obtaining part-time assistance, writing a fact book, and 'starting monthly Coalition meetings at the Health Dept. The Coalition took on several projects including organizing under by-laws, . producing three public service announcements, speaking on several radio and television programs, speaking, to civic organizations. In the second year we ,.,',..' created 'and coor~inated Operation Safety Net with the Sheriff's Dept., sent two , students to national conferences, supported SADD and MADD functions, and " ',,;, e~hibited at over ten health fairs. Our 'newspaper study showed a low interest in' , '. tr~ffic in~ury in 1998 butJhere was measurable improvement in 1999, - "i' . We are'located in Building H of the'1916 North Leg Rd:' District 6 Health D~pt., . complex. The Health Oept. provides ,space, phones, f~x ~n,d c9PY machines as : well as, 'supervisory support. The work has been focuse'd on determining risk , factors for the County and mapping the crashes on the city's new Arc View maps. ,This had not been done previously, and now we are working closely with Traffic Engineering and the Sheriff's Dept. to determine cost benefit ratios for various projeCts; in .order to most effectively reduce injury crashes. An added focus in January 2000,' after coordination with the Richmond County ,: Board of Education'and severafschools, was to introduce aggressive driving prevention classes in all health classes in high school. We find that even two ,{ hours is increasing the awareness of 'facts about the epidemic of crashes and I increasing the teens' awareness of the graduated driving law. With the help of ;, volunteers and training held last summer (1999) we were able to go into four high schools~ However, we did not have the resources to go into all the schools. , The purpose of these funds w.ill betogo into all the high schools and provide this ; education. An additional college student will be hired to help with this project. , Point of Contact: Priscilla Bence, RN MPH, Coordinator, PH 706-667-4691 'i. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER' Roy E. Barnes GOVERNOR July 12, 2000 Hono~able Bob Young, Mayor ',. Augusta-Ri~hmond County 530 Greene Street Augusta, Georgia 30911 Dear t/layorSoung: , I am pleased to advise you that $20,00U in. Local Assistance Grant funds fer Ricnmond County has lJeen mcluded in the Amended Fiscal Year 200.1 State Budget. A brief description of th~: purpose for the grant is induded on the enclosed application form. To begin the paperwork necessary to recei, ve this gram, please complete in detail the attached application form and return it to my nffice. Once we have recei ved and apprc'Ied the application, we wi}; forward a contract to you. We are delighted to as~ist you with your community development acti'/iti,~s. If you have questIons, please contact Amy Hill at (404) 679..3154 or Bobby Stevens at (404.) 679-4943. Thank YOlL Sincerely, -, i ~rn (t~ i~C dmn j L'I Jim Higdon , Commissioner JH:bsa Enclosure I ',~ EQUAL HOUSING ~ OPPORTUNIr! L:.J 60 Executive PaI:k South. ;\f.E. · Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us An Equal OpponLmiry Employer @ Recvcled Paper AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG , Mayor JAMES B. WALL CITY ATTORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: 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 Administrator WM, "WlLLJE"H.MA YS, III Mayol' Pro 'rem MEMORANDUM To: Richmond County Board of Health/Safe Communities From: James B. Wall D~lte: September 14, 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 beilefit'of ~napparently private organ!zation. He concJudedth.at:thegrants should be authorized only when the local government recipient makes the funds availableto the private entity in the form of a contract for services. In addition, th~: contract ~ust 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 ~econd 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 neeessary 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 orgaJlization being eligible for the grant funds. I hav~ attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. - -- Pleasb execute both copies ofthe-~ontractin ord~r 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. _~_. f . . <, STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT ,THIS AGREEMENT, made and entered into this ~tLday of :1itnE' 2000, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred tOlas "Augusta"); and RICHMOND COUNTY BOARD OF HEALTH/SAFE COMMUNITIES 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 r~ference; and WHEREAS, Augusta deems the services to be provided by the Organization as essential and necessary for the citizens of Augusta and acknowledge~ that the Organization can provide the services in a cost-effective and efficiept 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 $20,000.00 (the "Funds"), to be paid to Organization upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the Organization agrees to perform the following services, which Augusta has determined 'renders a substantial benefit to its citizens, to wit: To promote public health and safety. 1 . ' iAugusta 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: V" 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; 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 ,acccunting 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 ac:cording to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. :5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 50-14-1, et seq.) if the Organization recE,ives as a direct allocation tax funds which constitute more than 33 1/3% of t its funds from all sources, it may be required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). Organization shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. ,7. Organization certifies that it is a tax exempt entity under ~ 3 , . 501(c) of the Internal Revenue Code. 8. Organization acknowledges ,that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religi?us organization, even if the program is conducted neutrally, without reference t'o 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 t:he 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 organizatiol1," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "org.anization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American He:r;itage Dictionary Second College Edition 666 (1982). In other words the grant r~cipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. Organization certifies that Augusta has made inquiry of 4 Organizatioh as to whether it is "organized out of belief in God or other supE!rnatural beings" and Organization hereby certifies to Augusta that it is not so ()rganized 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. RICHMOND COUNTY BOARD OF HEALTH/SAFE COMMUNITIES ORGA,NIZATIO By: A.s of 5 " Ii ~' t . .- Grant No. 01-C-'L-652 STATE OF GEORGIA COUN1Y OF DEKALB STATE OF GEORGIA DEPARTMENTOFCO~TYAFFAmS AGREEMENT FOR GRANTING OF STATE FUNDS TIDS AGREEMENT entered irito this 26th day of October 2000. by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and Richmond County. a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient") . WHEREAS, the State of Georgia desire~ to promote the health and welfare of its citizens; and 'WHEREAS. mutual cooperation and assistance between the state and its political subdivisions is benelkial to the administration of programs to assist the citizens of the state; and ' 'WHEREAS, the Department is authOIized by the provisions of O.C.G.A. ~50-8-8 to grant artd 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; I :NOW. THEREFORE. in consideration of the mutual covenants and warranties contained herein ,and other good and valuable consideration. the rec.eipt 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 $20,000 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. :!. Accountability. The Recipient agrees to expend said funds solely in conformance with .. this AgJ~eement and to account for said funds in accordance With generally accepted accounting - principl1es. Any ,funds not expended for' the purposes provided herein shall be r~tumed to the Department. no later than completion of the project. a. ' Disbursement of Funds. Subject to the availability of funds for such purpose, the Dep~lent shall pay the Recipient in accordance with the follOWing payment schedule:, $15;000 Within ten days of the Department's receipt of the executed Agreement., ' $5,000 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $20.000 Total Disbursement 4~. Applicable Dates. The effective date of this Agreement is specified on page one. .. ^ ..'\~ , .. ., Grant No. Ol-C-L-652 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials. agents and employees of the Recipient hav~ 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(1) through ~36-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally, the Recipient attests that all officials of the Recipient have 'certified the same. ' 6. ' Enforceable and Legallv Binding Act. The Recipient certifies that it is duly organized~ validly existing and in good standing under the laws of the State' of Georgia; that it has all the requisite power and authority to enter into this Agreement and to assume the responsibilities herein including the exPenditure of funds; and that all necessary actions have been and will be taken in confo~lance with all applicable laws to make this Agreement and actions hereunder valid. enforceable, and legally binding acts of the Recipient. , '7. Monitoring and Auditing.,' Upon, request" ,the Recipiept agrees to, provide the Departrnent with- any.information. documents and/or photographs the Departme!lt deems necessary to moniitor performance of this Agreement. The Recipient ,agrees to maintain proper and accurate books, records arid 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 fmanciaJ statement of the Recipient and, any future audits or fmancial statements until' all expenditures of Agreement funds have been accounted for. Th,e Recipient acknowledges and agrees that any unresolyed findings of the Depar1:IJlent concerning expenditure of project funds. whether based on an audit report. fmancial statement, project completion,report or, independent investigation of the Departmeqt. 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. n. Ol>en Meetinl!s. The Recipient certifies that in approving this Agreement, it has complied with all the open meeting requirements of Chapter 14- of Title 50 of the Official Code of Georgia: Annotate~1. O. No ~encv or partnershil>. Nothing herein nor any actions of the parties hereto or their agents '(?r employees shall creat~ 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 Rec:ipient is not an agent or representative of the Department. The Recipient shall be solely responsilble for pei-fOrming any and all obligations under this Agreement. 10. Termination. The Departmentmay 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 withthe'tenns of this Agreement in a tiI1.1ely manner; (ti) has failed to complete all or a portion of the actions required under the Agreement; (iti) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal, state or local law. ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed t~nder this Agreement. upon request. ~ . . '. Grant No. Ol-C-L-652 . 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 u. City oj LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true evert if the program is conducted neutrally. without reference to such beliefs and p'ractices. 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 Amencan 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 sentiinents 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 impo~ce 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 signillcaltion." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the resp'onsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enfo~ce 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. ' Jl3. Entire A!!reement. This Agreement constitutes the entire agreement among and between the parti~s. 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. Ol-G-L-652 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date fIrst written above. ' FOR TIIE RECIPIENT By: ~ Mayor . t" Attachments: E$ibit A, "Scope of Services" FOR THE DEPARfMENTOF COMMUNI1Y AFFAIRS By: Jim Higdon, Commissioner .;r. Grant ,No. Ol-C-L-652 ,. Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Richmond County to contract for services with Safe Communities Coalition of Augusta 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 senrices by ilie named private entity, or the private entity that conducts the named - prol~. '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. · TOiIlustrate.suppose the appropriation is for a grant for ~enovatingthe facility of an historical society. An appropriate iIIiplementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. · It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of complIance or prevent the State from asserting noncompliance. ' Offi,ce 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 September 27, 2000 Dr. Frank Rump, District Director East Central Georgia .1916 North Leg Road A.ugusta, GA. 30909 Dear Dr. Rump: . Enclosed is an application form from the Georgia Department of Community Affairs mgarding the Local Assistance Grant from the Fiscal Year 2001 State Budget, which was awarded to your agenc~' (Richmond' County Board of Health/Safe Communities) through the efforts of our local Legislative Delegation, Please complete the highlighted areas on the form and return promptly to my attention. Also, please execute the enclosed grant agreement between your agency and the City of Augusta, ' which is needed for the disbursement of your grant award. Should you have any questions or need any additional information, please feel free to cc:lll me at 706-821-1820, V,sry truly yours, {~@ LE3na J. Bo'nner, Clerk of Commission Enclosures: .. 80 YA"=-' .... Application for Local Assistance Grant - Local Assistance Grants are made pursuant to o.c.G.A. ~50-8-8(a) which provides hi pertinent part: "The elepartmt!1Zt shaD make grants to elir;ibfe recipients or qualified local governments, which grants are $J1ecified by amount, recipient, and purpose in an appropriation to the department" 1. Rec:ipient identified by the General Assembly in Appropriations Act: Richmond County 2. Amount appropriated by Gene~ Assembly: , '$20,000 : 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Contract for services with the Safe Communities Coalition of Augusta in Richmond County 4. InfO,rmation:Rc:quired by the Department of Communicy 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 ~ed; Attach additional pages if necessary.' ' b. Please provide a budget for the proposed project, listing ill revenues and expenditures. Project Revenues . Project Expenditures :~ Local Assistance Grant !I Local Govt. Other \1. Total , \ c. Pmvide expected project start up and project completion dates: - - --- BeKinning pau Completion Date - , 5~ Contact Information: Please provide the following contact informacion for the grant. Name: Address: City: State: Zip: Telephone: Facsimile: E-mail: Name: Adcir'c:ss: City: State: Zip: Telephone: Facsimile: E-mail: 6. Certification I, the undersigned authorized representative of the loc:ilgovernment described in this application, certify that to the best of my knowledge, the information in chis application is true and cOrrect and the Local Assistance Grant subject to this applicacion,will be used for, the purposes oudined abo~e. I further certify the local government described in this application has all requisite power arid authority to expend. funds for the purposes set forth herein. ' AmhoriuJ Rrpmmtativ/! Dati! Name (pleas/! print) TItle For additional information or assistance, please contact ~y 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.scate.ga.us 6/00 .t.. . ~ " GEORGIA DEPARTMENT 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 3091 1. Dear I'.1.ayor Young: "', , . I am, pleased to advise you that $20,000 in Local Assistance Grant funds fer Richmond County has been Included in the Amended Fiscal Year 2001 State Budget. A bJief description of the purpose for the grant is induded on the enclosed application foml. To begin the paperwork necessary ~9 receiveJhis gram, piease complete in detail the attached application form and return it to my office, Once we have recei ved and appro'/ed the application, we wdl forward a contract to you. ,';: We are delighted to assist you with your community development acti'/iti{~s. If you have questions, please contact Amy Hill at (404) 679..3154 or Bobby Stevens at (404) 679-4943. Thank you, Sincerely, ~(I) ttG drnn j L1 Jim Higdon Commi ssi oner " lli:bsa Enclosure :~ " EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Pat:k South, N.E. . Atlanta, Georgia 30329-2231. (404) 679.4940 '. www.dca.state.ga.us "An Equal OpporTuniry Employer @ Recycled Paper AUGUSTA-RICHMOND COUNTY COMlVIISSION BOB YOUNG Mayor JAMES B. WALL CITY ATTORNEY P. 0, Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus, (706) 821-2488 Fax No. (706) 722-5984 E-Mail: Jwall@co.richmond.ga.us MEMORANDUM 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 Adrnlnlstralor WM. "Wll..UE" H. MAYS; ill Mayor Pro'Tem . To: Richmond County Board of Health/Safe Communities From: 'James B. Wall Date: September 14,2000 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 cOIltract for services. In addition, th~: 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 wi1:h, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. [ have attached two copies of the contract, since we must provide one copy to DCA. The rerhaining 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 YOll should have any questions concerning either the scope of services or the certification, please call me. . ;, ~ STJl.TE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this~t'Lday 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 RICHMOND COUNTY BOARD OF HEALTH/SAFE COMMUNITIES hereinafter referred to as ,the "Organization") ,; W,I TNE S S'E TH: WHEREAS, the Organization has submitted to the Georgia Department of Community Affairs and to Augusta a proposal to provide cert:ain 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 acknowledge~ that the Organization~can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR ANP, 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 '$20,000.00 (the "Funds"), to be paid to Organizatiop 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 Organizatiori agrees to perform the following services, which Augusta has determined renders a substantial benefit to its citizens, to wit: To promote public health and safety. 1 i \' .. " Augusta has the power to perform such services under the Constitution of 1:he 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 Publ~c 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; 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 purp?ses and to account for such Funds in accordance with generally acdepted acco~nting p~inciples. 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 I cl~ims for injury to persons or property. The Organization expressly acknowledge's 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, ma'ke.no claims or deIl'\andsag,ainst Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages tha~ 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 relaied 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. 5 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. 5 50-18-70, et seq.). Organization shall cooperate fully in responding to such request and making all reccrds, not exempt, available ror inspection and copying as provided by law. '7. Organization certifies that it is a tax exempt entity under 5 3 ,.' it ,_ ~ of iF-' .. 501(c) of ihe Internal Revenue Code. 8. Organization acknowledges that one of the constraints imposed by the Georgia Consti t::ution 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 performanc~ of a publ{c function through a contract ,{or servites 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 SupJ:eme 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 (19ti2) . "The term I church' is one of very 'comprehensive signification, and imports an orga'nization 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 "or~anization," 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 Jrant recipients may not 'contr~ct for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433: 1: Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. Organization certifies that Auqusta has made inquiry of 4 "\~.: 0" ,(it ~ Organization as to whether it is "organized out of belief in God or other sup,ernatural 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. I.n addition ,,:to thei.ndemnification 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 reiniliurse 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. RICHMOND COUNTY BOARD OF EEALTH/SAFE COMMUNITIES ORGP',NIZATICN AUGU lit,~ ..1/1/ j , # As 'ts I ATTEST: ATTEST: Title: Sworn to and subscribed before me this day of ~OOO. Notary Public My Commission Expires: 5 Offic'e of The Clerk of Commissnon Lena ], Bonner, (MC Clerk of Commissi~:>n Nancy Morawski Deputy Clerk Room 806 -- Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAx (706) 821-1838 MEMORANDUM TO: . Ms. DorinaWilliams, Interim Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: . June 6, 2001 SUlUECT: Department of Community Affairs' , Local Assistance Grant Awards Enc10sed are ~hecks in the amount of $10,000 and $40,000 from the Department of Community Affairs representing final payment of 2000-2001 grant awards. Please issue Augusta-Ri(~hmond , County checks to the following Local Assistance Grant recipients: ' GRANT NUMBER ORGANIZATION GRANT AMOUNT No.01-C-L-472 Augusta Arsenal & $10,000 Carriage Works Museum No. 01-~-L-422 Neighborhood $2,500 Improvement Proiect No.01-C-L-452 National Legacy $37,500 Foundations, Inc. As always, thank you for your continued assistance. '", ' V;~;;orwN~: /w0000013727 Vendor Name;'AUGUS TA - R ICHMONO .. .. '.' .1.. ". , ,;' ''Y'' ' '. '" :'~;.~ ~~~~~~\:!~~~N:~ ,:.'~:T t,~~~N~~:~Y.~:~~ ~~,-{. ~~:B;i;1r~~:,:' :,~,>,:.~;~tS~.~~I~i::..: 0; ~AN'K'.. '~:'106.~.1066~' . . . \.., ~:;.~ GROSS,'" ' AMOUNT 10,-O:O~:~.~q " . .<1"._. .', .'",' i'+,';:,:" L 1"-:'''.r.~-.' ~ .-' f .i . I,~' ~- .;"" ",I' 'Il ,'. '.g gg~.~,~ ~~ ~;'~~?!~:g;t"::':::'~':::~~~.~if:g~.;:g~: ':::'~\!~f1);}~>:-~\{~?)' ?\:}~;8:': .g~~~:~;';,? sf~.~.::;;::r'" ,:~:.~ :'~g~~' gg: ' -: ~ . 'J ," . t_ " . . ':. ~. r. :,.... I ' ,. ' :0' , I '. :-- . ~.' :, :...:"".. " , . AUGUSTA-RICHMOND COUNTY COMMISSION '\' 055360 .. ...~' - .:; , DE:,CRIP',TION '.;" I.'"" .P,O"NUMBER, : :INVOICE.NUMBER'm' :" '",INVOICE'AMOUNT~",'..'"" ... ... :....'NEEAMOUNE,.. ' ...'..; ,.-. .., ., " ~OCAL ASSISTANCE GRANT 060601 2 , 500 00 0 00 2 , 500 00 . . , 1 - - ...-, .. -.... , I , : I , CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 055360 06/07/01 2 , 500 00 0 00 2 , 500 00 "'~;II:I.. " ' , , ~.~ 'f~~;~l;~r~~\~~-~~'~' ~-o,W~f.~;.\:,\- '~~:~i',~f~il~r:~\;~~~_;}_;'-'::' <~.~:i:\~);mf~W.~~~::I: . I t~~~.: :,:i"F, ':i7;i",AUGIJS:TA~RICHrvl'QN[)\,COU, ;,,' ~;;"~;,;!D/;€;~'~~~~~~~;J~~i,iij~~~,';''''\/-'' 530'GREENE:STREET,'. ;f;:"';'5'~~:;iL~);,j~~~c.;!+;:j~], . III 0 5 5 :l b 0 III I: 0 b ~ ~ 0 li :l 7 5 I: b 8 :l 0 ~ L. 8 :l g L. III ~...- '" AUGWSTA~1i(ICHMON6 COUNTY COMMISSION .. ,,,:,, S 039536 - <".',"" '~;(:"'%"5",,;',DESCR1PTION;\{,\j,}}, ','--'.:-;.;~~.',--" ,. ,-.,.",',','. "ioP.O"NUMBER ,~"INVOICE,NUMBER} i7iINVOICE'AMOUNT,,,:"'n!; ~~H~:f~~:~1\~t:i::,~':::V;;:::_;:::::::: ..""""":,":"'{"F,NETiAMOUNT:,:'.""'.'.'" :-,:,;';.,,:; 3RANT 0 1 CL4 2 2 7 I 5 0 0 0 0 0 0 0 7 I 5 0 0 0 0 , - , , .. .- - - ~... .-.. ..., ,- - - " , - - -- - -.. - - - ., .. - - - -.. -- -.- --- .. - - , : ; CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 0 3 9 5 3 6 1 0 / 0 6 / 0 0 , I 7 5 0 0 0 0 0 0 0 7 5 0 0 0 0 I I 1110 :1 q 5 l b III I: 0 b I. I. 0 I. :1 ? 5 I: b 8 :1 0 I. L, 8. :1 q L, III 1 i ". -, - . ---'- Augusta-Richmond County , Finance" Department , -- ~ RECEIVED JUN 1 1 2001 (AllGUSTMUC~~ CQMMISSIONl , MemlO To: State Grant Recipient From:AI Denis, Grants Manager CC: Tammy Strange Date: 06/08/01 , Re: Monitoring and Auditing ~ In accordance with grant agreement 4-C-.L-~t 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 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 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, Within 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 i audited financial statement which includes expenditures of Agreement funds. Name VM ~L.( vUXJ II s tel (/Jet: Telephone No.7<<!7fl6-4CfCfO (Please print) Address a 4 (PI GOLtJeN 0f-ptAfJ f-~, l8Lqu~'h/ GI1- ~qO.6 . Page 1 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMtI'llSSIONER Roy E. Barnes GOVERNOR , May 31, 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 $40,000 representing the final payment under the following Local Assistance Grants: Grant No. 01-C-L-422 Grant No. 01-C-L-,452 $ 2,500 11h~t6 ~ $37,500 ;f/b;dJo/I~ If you have any questions, please call Bobby Stevens at (404) 679-4943. Sincerely, o~ )/~.I-M Jim Higdon Commissioner JH/ja Enclosure EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 . (404) 679-4940 www.dca.state.ga.us All Equal OpportullityEmployer @ Recycled Pnper ' t Office of the Mayor Bob Young, Mayor Room 806, Municipal Building 530 Greene Street, Augusta, GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@CQ.richmond.ga.us May 9, 2001 Honorable Jim Higdon, Commissioner Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329-2231 Dear Commissioner Higdon: Enclosed is a request for final payment for the following organization: Organization. Grant No. Purpose Neighborhood 01-C-L-422 Final payment Improvement Project, Inc. As always, we appreciate your continued assistance in the administration of Augusta's grant awards, r. ) ~ l--- " Office of the Mayor Bob Young, Mayor Room 806, Municipal Building 530 Greene Street, Augusta, GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us May 9,2001 Honorable Jim Higdon, Commissioner Georgia Department of Cominunity Affairs 60 Executive Park South, NE Atlanta, Georgia 30329-2231 Dear Commissioner Higdon: , Enclosed is a request for final payment for the following organization: Or anization Neighborhood , 1m rovement Pro' ect, lnc, Grant No. o l-C-L-422 Pu ose Final payment As always, we appreciate your continued assistance in the administration of Augusta's grant awards. ~ ,,1?-;___ . ~ J ~ . , <[ c! 'c GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 [: . Neighborhood Improvement proj ect. Inc. FtECIPIENT: " , ' " LA GRANT AGREEMENT 01-C-L-422 NUMBER: LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT GENERAL INSTRUCTIONS: CERTIFICATION: Authorized Si ature Bob Young, Mayor Name and Title This form is to be completed once you have fulfilled the scope of work as outlined in your grant agreement. Be sure to indicate the name of the Local Assistance Grant (LAG) recipient and the 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 comer of the grant agreement. The certification statement below must be signed by the Chief Elected Official or by someone who is officially authorized to sign on the recipient's behalf. Please return the form to the above listed address, If you have any questions, please contact Bobby Stevens at (404) 679-4943 or Amy Hill at (404) 679-3154. This is to request fmal payment on the Local Assistance Grant of the above referenced grant number. 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' '<(: -::..~,,~.;,:~ ' - '~,"" ....,j.~_....:~~ '-~. ,',''';'::'~'::~~',.,:::i~~~:~f,Di~~!o':':: ..':,"1 ;,~C"1~H,f::.~?~~':~:~;~2:~~f>~::',:':~,::\","'.'-"..,,/xt,:,;:).t:~:' " ,.,:' ,. ,." .' . . ~ - * .. -,. - .. ,. . .....-l .-.,. .~ -~ .:.' , ',:",Th~'~~nO'~~I~BenAII;';~;:'::':" ': ~ \'" ':':" ' Eth;'IJej,kins~: l' EartPeoples,III': , , Dorothy Collins: ~'_.."-: '." . ,... PamellJones:."", ' ,.' 'Rev"NancyL.'Ross ,I ", , ,':"'~:~yd~t~~ru~etF":' ':\:~' :~'" ,:,:' ':: <' ~~~bh~~:O~f:',~:~',.':: , . ,- ::~~~~,m;'~m;6~-.': ,; :', ,.:.. ..,. RObert',Ga'rre:t ." - j:-" _.\.'~r-__. '.: . . , j " '~'. Rev.~Marv!n McRea' < ..::.....-: .:, ~ . '.?~ev;...~~m~S'.~~'i~m;s, ,oJr-.-, . ~. .' " . \ . . . :,' . "'""':.: ,. ----:. . . '': .. i:,," -- " . ".'. :', '..' , " '" C:,' '. ..:....... -'. =-'" ,... , ~. ... .;: -., . . J- _. 'l,\ ....) t.:"",. " ..;<; , ....., .:' .1.. . , ~ ~i..:-'":.~...~"-~.~:._~\:~._., ..,~.J. ,~:_.~; .,', ~:'~:: :,SJJf3dI;:CT::",; . ~. "~" :,.:-.:.'; .~- ~..::- '-~ .~ .. ,:,'-~, '- ::: . ~::._~ '-~: .. ' , . ~-', . . " , ~ ., , ' , --' ~ .. ," '- ,-.~' ,- 'I.. , c.: -,' . . ~ J. -'r" ...... 1-, " , :._\ . r: .... '-. ,. -~ ,. , :_'C:.T_..:" >., " " ,; /"/' J" ..... ;. ~ -.' J " , R;V:~~~I-';inG::LOWry::p~siden;' , ,': Saratl C, Barnes, Vice Prasident, , ;, " '. " ...', ' JanlC') S Balley,'Secratary'. ~ , , ., ~;, ,-: , '''' J~cOt, Oglesby, 1.raaslJrar. " ,: ' '," ,'., '" .' ," '< Ram~,-.~~:Ad~~S, :.' ',' ":~,.,-,",:, " :-.....:\, -.', :.-i'-; .-:-:; . ~ '". .:i,' . -, 't. ~ ,', . ~. \ . " \ .." =f": '\~~, ::,:-;,\':'," ..,.',. .} ',.'. ,. ..". ; ", - ',"\D:, <,:~:;:~,:':,;;"'" ._ . . i: t~:~;~~-:~:~.tr ", _ ,.': -, J. :< ~\~.:'t~: \:.~ <. ~._., ~'. ~ '.. ' . " , " ,~. . ,"1 ~ ~r. ,~._' t .._~ ' , . '.( ',.I. .,,' ~ ~' : --r',- , '., ~ ',,' ;'-' .. :- ,.\ ',:. .; . ~ , ", ' :,', " ,"'~'. Or' :',,'::::. . 'f' (. , ~' ,J ,:',.'\.,.. L ..... ~ e i,I ,~' I , II .';': 'J'. Application for Local Assistance. Grant Local Assistance Grancs are made pursuant to O.c.G.A. ~50-8-8(a) which provides in pertinem part: "The department shaD make grants to elir;ibfe recipients o.r qualified local governments, which grants are $J1ecified by amount, recipient, and purpose in an appro.priation to. the department" 1. Recipient identified by the General Assembly in Appropriations Act: All'gUsta/Richmond County 2. ~OUnt appropriated by General Assembly: " $10;000 3. Purpose of the Local Assistance Grant as specified by the Gcneral Assembly in the Appropriations Act: Contract for services with [he Neighborhood Improvement Project. Inc, in Augusta/Richmond County 4. Infilrmation Requir~d by the Dcpartment of Community Affairs for Award: a. Please provide a dc:tailed 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. The Student And Family Enrichment (SAFE) program provides six hours per week of tutoring for low income elementary and middle school children living in the 30906 Zip Code area who are at risk for school failure. Programs are conducted at five community sites: 2454 Golden Camp Road; ,1925 Lumpkin Road; '2323 Barton Chapel Road; 301+5 DEans Bridge Road; and, 1783 Dixon Airline Road. Five tutors ner site are paid th):ough Community Development Block Grant funds. Grant funds will be used to pay a half-time Program Coordinator ($9516) and to supplement funds for supplies ($484). b. Please provide a budget for the proposed project. listing all revenues and expenditures. Project Revenues Project Expenditures Local Assistance Grant $10,000.00 " Local Govt. 26) 015.00 Ocher 32,679.00 $38,183.00 Personnel 29,071.00 Supplies and Equipment 1,440.00 Client Transportation Total $68,694.00 $68,694.00 c. Provide expected projece stare up and project comple_tion dates: .....D..9.. - .-ll.L - 2Jllli) BT"";"! Dau Gli- - ..3iL - ..2.iliH CompkrUJ1I Dau 'I' :J. ,-~'. ~ I 5. Contact Information: Plc:::se provide the foilowing contact information fOr the grant. .:..: Name: Melinda S. Rider Address: 2467 Golden Camp Road City: Augusta Scate: GA Zip: 30906 Telephone: (706) 231-874'8 Facsimile: (706) 790-41Q3. E-mail: NT'PTNr.@ln",,,'n8:T not Name: Melvin Lowry , Addr~:. 2454. Golden Camp Road , City: Augusta Scate: GA Zip:30906 Telephone: (706) 793-6908 Facsimile: (706) 793-1190 E-mail:melvinlowrv{ilmsn.cnm 6. Certification I, the undersigned authorized representative of the local ,government described in this application, certify that co the best of my knowledge, the informacion in chis application is tcue and correct and the Local Assistance Grant subjece to this application will be used for the purposes ouclined above. I further certify the local government described in this application has all requisite power and authority to expend funds for the purposes set forth herein. 8 .2L - ...lQill) Dau Willie Mays, III Na~ (pleas~ prinr) Mayor Pro Tem TIrle For additional informacion or assistance, please concact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Gc:orgia Department of Community A1f.Urs 60 Execurive Park South. NE Aclanca, GA 30329-2131 www.dca.state.ga.us 6/00 I \ I I \ i i Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 July 18,2000 Ms, Melinda Ryder, Executive Director Neighborhood Improvement Project, Inc. ., 2467 Golden Camp Road Augusta, Georgia 30906 Dl~ar. Ms. Ryder: Enclosed is an application form from the Georgia Department of Community Affairs regarding the Local Assistance Grant from the Fiscal Year 2001 State Budget, which was awarded to your agency through the efforts of our local Legislative Delegation. Please complete the highlighted ar,eason the form and execute the enclosed contract between your agency and the city, which is ne:eded to aid in the release of funds and return promptly to my attention. ShoulCl you have any questions or need any additional information, please feel free to call. VI~ry truly yours, ~'l!~ Cl.erk of Commission Enclosures: 'r GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 12, 2000 Honorable Bob Young, Mayor Augusta/Richmond County 530 Greene Street Augusta, Georgiaa 30911 Dear Mayor Young: I am pleased to advise you that $10,000 in Local Assistance Grant funds has been . included in the Fiscal Year 2001 State Budget. A brief description 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 form and return it to my office. Once we have received and approved the application, we will forward a contract to you. We are delighted to assist you with your community development activities. If you have questions, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Thank you. Sincerely, ~don Commissioner JH:bsa Enclosure EQUAL HOUSING ~ OPPORTUNITY L:.I 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper :;;- 'i , -' c. -. ", STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~day of ~~ 2000, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond referred to as "Augusta"); and NEIGHBORHOOD County Commission, (hereinafter P-ro\ed ~ IMPROVEMENT <I. ~, INC. T 'MJ)~ 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 $10,000.00 (the "Funds"), to be paid to Organization upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the Organization agrees to perform the following services, which Augusta has determined renders a substantial benefit to its citizens, to wit: To provide pro9rams for the disadvantaged, thereby promoting pub1ic hea1th and safety; to 1 ~. " ~ pro',ide economic development; and to provide housing. 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; 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; 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 accounting principles. 4. The Organization shall hold harmless and indemnify Augusta, its off:Lcers, elected officials, . agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Gran.t 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 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 pari:ies 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 t:he universe. The American Heritage Dictionary Second College Edition 1044 (19t:2) . "The term 'church I is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and ",denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Insti tution" may have a similar meaning related to "org'anization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 4 , . ~~ .j ...)' 9. Organization certifies that Augusta has made inquiry of Organization as to whether it is "organized out of belief in God or other supE!rnatural 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 rein\burse 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. NEIGHBORHOOD IMPROVEMENT1 PteOS8v\ COR~~, INC. ~ ORG1\NIZATION M.6J- By: 711oL~ G-t /"'h_ ~ 15.s its -P-f2f.5i (J~ *I~~:;~~~ff}j1W AUGUSTA, ~' cr:TTEST of . t c,ry Publi~ r .:: . Co '.s i n ~~i:res' . .ptary ~tic,~lc~mc:.Q,d..?~~nty, GeorgIa MyoyCommission Expir~s~F~bruary ;, lUU4, ....i;i. . _ ,- ",,' ~" . r..-...,,#,:;. . . 1ft;....,' r'""/;~-:'-'''' . '\,~."'" 5 .....~. -r , .'. '..' .: :'t,.r... '.r---.!' " ,;-::.. , ~.....~' .~ ~.::.. ~ ,.'-~ ~"~: .~. ~l: :':~.~ :.....~. '.' r ~. i' ~, ',':. :. !:' " ?-: :.:;,:~",,:',~' . <. ' ,1,". .,'., '~ " .~,-':): ': '.. . .... , ~ It" ... , .' ..:,' .~ ... , \ . . , ;~;,,~,- ~ ;~. .:;:; r<~K{i~Yf};f . . '.n, ,'/;.::':., .":,. ~ ... :: ,. ..r , " ~'f"'~,r' '-', ~:~:;:~',::::~~ <: ,~?} :~','~ .>:-'" ~'~: ,~~~~i::f:{_ ~~:_>:~',... ",:; ..;~,:::~ ,'.,' .:: ~ -; ';'_ \~ .1_ .".: r '-,-.~t_L' .':, . '. . '''7',''', -;".. ~~ .:1..':/:" :';.'r, ,: ~, -'.~ '. - .:.~:~.~ ': : I : ~ .' ~... ,'\0 .. . , . 'I ~..' , .' , ~ ,'.' .... ....~ ,. . '. ~~ .' I~. ~I; ,,'f . ~ ',~ -. ~ , . . .r -, . ; .' ,.'. ; ~: ..... . , ~ ,..:":~ 0- <.. .. ~.: " . ~,J: '" .~, . !.. - " ...). ._....~ -'~." -', .'f - " . . .....f<, '-.,,-;...- .T':';. ' ",' 'l~ ~ .... .. :". ~ ~ ' I :-:.. ~ . ,Ii, 'j .' -.' '. ~~ . .. , ,.: .:......:\..:.. -. -,'. . '..-.... ~7 ,...... , . " r~~ " \ '.~ . ~ '- . '. I .' -:',._ ,J,' ,.1. , . ); ~~r. :L >{ ~ ", ,. ~" I ...: ,~..:. , , " - , , ',-"j , " '" .,.'.... \?'~ ;0 .~ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS ^t36~N/~~ $fI jtJl}r; /YIEfVj peoJ'tc( Roy E. Barnes ,GOVERNOR Jim Higdon COMMISSIONER September I, 2000 i I I i \ 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 $10,000 to Augusta/Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention, The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution, Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contact. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning the two copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. The pepartment 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 404,679,31 S4 or Bobby Stevens at 404,679.4943, Sincerely, . ~gdon Commissioner RECEIVED JH/cm Enclosure cc: Richmond County Legislative Delegation "''''n o 5 2000 '..... Augusta-RiChmond County EQUAL HOUSING ~ OPPORTUNITY L:.I 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper ',". ". .'C' Grant No. Ol-C-L-422 STATjI~; OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS 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 Augusta/Richmond County. a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient"). . , WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens;' and WHEREAS, mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; and WHEREAS, the Department is authorized by the provisions of a.c.G.A. 950-8-8 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 acknQwledged. 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 $10,000 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 Jl.greement and to account for said funds in accordance with generally accepted accounting principles. Any funds not expended for the purposes provided herein shall be retumed to the Department. no later than completion of the project. , 3. Disbursement of Funds. Subject to the availability of funds for such purpose. the ' Department shall pay the Recipient in accordance with the following payment schedule: ' $7.500 Within ten days of the Department's receipt of the executed Agreement: \) $2.500 Upon receipt by the Department of written certification of project completion in accordance with this,Agreement. $10.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. '- ;' 'I, '1:: (flant No. 01-C-L-422 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. S45-10-20 through S45-1O-28 and O.C.G,A. S36-67A(1) through S36-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally. the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Lee:allv Bindine: 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. Monitoring and Auditine:.Upon request. the Recipient, agrees to provide the Department with any information. documents and/or photowaphs 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 ;my 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 compHed with all the open meeting requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated. 9. No ~ency 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 R.ecipient is not an agent or representative of the Department. The Recipient shall be solely respo:nsible for performing any and all obligations under this Agreement. 10. Termination. The Department may terminate this Agreement. with or without cause, upon five business days written notice to the Recipient. If at the time of termination. any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. ::11. Satisfaction. In the event the Department determines, in its sole discretion. that the Recip:ient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to compXete all or a portion of the actions required under the Agreement; (Hi) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal. state or local law. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. ~ ~ -'. n' G!'ant No. 01-C-L-422 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). TIle "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. AU'y Gen. Att'y Gen. No. U88-6. (c). TIle 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, beliefjn 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 fa.ith," "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 ofa 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 signifkation." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant RecipRent to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it. and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA.in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise, other th~ those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. [Executions on following page] ~ .~ :- Qi'ant No. Ol-C-L-422 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: I I .A.-/ Mayor :wr~ Attachments: Exhibit A. "Scope of Services" FOR THE DEPARfMENT OF COMMUNIlY AFFAIRS By: ~ .. . ,,':. " ,,; G:iant No. Ol-c-L-422 Page 5 of 5 ,EXHmIT A The Local Assistance Grant shall be used by Augusta/Richmond County to contract for services with the Neighborhood Improvement Project, Inc. in Augusta/Richmond, . 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 R~:cipient with a substantial benefit. . TO. illustrate. suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Ora grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own hi::;torical sites.. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful ancl 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. \:,- ~ 4 STATE OF GEORGIA GRANT CERTIFICATioN FORM ;- f "'1: ., ,. A:S n::quired by House Bill 1364 of the 1998 Session of the General Assembly, each grant of state fund!; 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 ~opy of the annual audit report. Questions concerning the preparation and submission of this fOfm should be referred to Local Government Audit Section of the Georgia Depa,rtment of Audits and Accounts. Instructions for Completion 1. Complete lines A through K on page 2 of this fonn. Please note that one fonn should be used for ~~ grant from the governor's emergency fund or from a special project appropriation. 2. The appropriate officials should sign and date the section entitled "Certification of Local Government Officials." 3. Attach Independent Accountant's Report. 4. M;ail the Grant Certification Fonn (including Independent Accountant's Report) with one copy of the audited annual financial report to: . State of Georgia, Department of Audits and Accounts Local Government Audits Division . 254 Washington Street, S.W. Suite 322 , Atlanta, Georgia 30334-8400 5. If the local government meets the eligibility criteria for an agreed upon procedures engagement in aceordance with the,provisions of the Official Code of Georgia Annotated Section 36-81-7, the local government is responsible for ensuring that the procedures performed by the independent certified public accountant are sufficient in scope to enable the CPA to complete the Independent Accountant's Report. These procedures include examination of grant application and award doc=umentation to become familiar with the tenns and conditions of the grant; verification of receipt of grant proceeds; and evaluation of the local government's documentation of expenditures. The pwpose of these procedures is to comply with the provisions of House Bill 1364 requiring certification that the grant funds were used solely for the express purpose or purposes for which the grant was made. 6., Whether the local government engages an independent certified public accountant to perfonn an audit or perform the agreed upon procedures, for purposes of meeting the requirements of House Bill 1364 the independent CPA should be engaged to examine management's assertion of compliance with the requirement to use grant funds solely for the express purpose or purposes for which the grant was made. The independent 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 Government Audit Section, at the address listed above; telephone (404) 651-5115; fax (404) 651- 5608; or e-mail blahaef@mai1.audits.state.ga.us ~ '. STATE OF GEORGIA GRANT CERTIFICATION FORM Iii' . J> ? " A Local Government B Information For Year Ended I , C State Awarding Agency , D Grant Identification Number E Grant Title F ~Grant A ward Date G Grant Amount H Balance - Prior Year (Cash or Accrued or Deferred Revenue) I Grant Receipts or Revenue Recognized J Grant Disbursements or Expenditures K Balance - Current Year (Cash e'r Accrued or Deferred Revenue) (Line H + Line I - Line 1) Certification of Local Government Officials i' " I have' reviewed the information presented above and certify that, it is accurate and correct. I further certify'that the proceeds of the grant award identified above were used solely for the express purpose or purpos;~s 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 suc:h grant funds received. Signature of Chief Elected Official Date Signature of Chief Financial Officer Date "-. ,r. IT. .....: t'=-" Independent 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 ofgovernment]'s compliance with this requirement. Our I responsibility is to express an opinion on management's assertion about the [name of government]' s compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of CI~rtified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name of government]'s compliance with this requirement and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on [name of government]'s compliance with the specified requirement. In our opinion, management's assertion that [name of government] complied with the afbrementioned requirement for the fiscal year ended [date] is fairly stated, in all material respects. i I' . " ~ -"," Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 October 18, 2000 Ms. Melinda S.'Rider , Neighborhood Improvement, Inc. 2467 Golden Camp Road Augusta, Georgia 30906, Dear Ms. Rider: . Ericlosed is a check in the alnount of $7,500 representing 75 percent of your fiscal year 2001 State Appropriations under the Georgia Department of Community Affairs Local Assistance Grant Program. ~houldyou have any questions or ~eed any additional information, please feel free to call. Enclosure: I ' Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk , Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 lVIElVIORANDUM TO: '--. Ms. Donna Williams, Interim Comptroller FROM: Lena J. B-onner, Clerk of Commission DATE: June 6, 2001 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed are checks in the amount of $10,000 and $40,000 from the Department of Community Affairs representing final payment of 2000-2001 grant awards. Please issue Augusta-Richmond , County checks to the following Local Assistance Grant recipients: GRANT NUMBER ORGANIZATION GRANT AIVIOUNT No.01-C-L-472 Augusta Arsenal & $10,000 Carriage Works Museum No. 01-C-L-422 Neighborhood $2,500 Improvement Project No.01-C-L-452 National Legacy $37,500 Foundations, Inc. Ai; always, thank you for your continued assistance. .'i" ~Al!!,GU.s"7A-~ICHMOND COUNTY COMMiSsioN ~. . . ~ 042954 'JMiMi'i'%Wi$!M,;f.;l)\,;;SCItIPTIONj i;;;::;::::';:;:::;:;::::;::;~:;:\~.::;{: ::;:;:.:.:;:~::tf~m:~~;.:::t:;:}::.:':::. <,,,P.OlNUMBERIi> '&INVOICENUMBERiM ""\h~INVOICE,AMOUNnh(:"'"'' ~.;::::~:::@~~t1::~~< i::;::flli; ,i':%!'WMniNET'AMOUN];',~,;",'';} GRANT 0 lCL4 5 2 1 1 2 1 5 0 0 0 0 0 . 0 0 1 1 2 1 5 0 0 0 0 " , .. - .. -,- ,- n - -, '- -, - -- -- - -,- ,- -- -.. ..- - - - -- - -- - ,~ ,. , .. , CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 0 4 2 9 5 4 1 ~I / 0 1 I 0 0 1 1 2 5 0 0 0 0 0 0 0 1 1 2 5 0 0 0 0 L., , . , ,- .111 0 I.. 2 g 5 I.. liD I: 0 b ~ ~ 0 ~ :l 7 5 I: b 8 :l 0 ~ 1..8 :l g I.. III t h\WGUSTA-RtCHMOND C,OUNTY COMMISSION ~, . I. . 055357 :DESCRIPTION .:.,' '..," ...... ,..,,'p',O,'.NUMBER~,: "':'INVOICE:NUMBER~,.. '.INVOICE'AMOUNr,::,....:, .:, , ." ,. """'.""0'." "."" ','. ' , ',.. ,.,..:.NEJ'AMOuNr..., ,GOCAL ASSISTANCE GRANT 060601 37,500 00 o 00 37,500 00 CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 055357 06/07/01 37,500 00 0 00 37,500 00' .. .~I: -, .. _u. .. 11.0 5 5 3 5 711. I: 0 b ~ ~ 0 ~ 37 5 I: b B 3 0 ~.... B 3 Ii ....11. 'I ,). Vendor, No: 0000013727 'Vendcir.~ame:' AUGlJS T A-RICHMOND COUNT,Y --. ..... ,-.-... -.. --......-..-... ". . . . .... ~ , .. .,'" ,'Check Date: ~'.:., '.~~.-'". ~.:.~h~~ Total:.... .~. OS/25/2601 , " $,19 ,O~O, 00 , ' , 'ATLANTA":,.GA, ". ,'J,' : .' :.: -'~ .;. ;', " -\ " '. "BANK,r'10b~ lOCO GROSS AMOUNT 10.; 0.0.0.',,00. . ". .', .' ' 'i' .. INVOICE NUMBER , C'1-C-L-472 DISCOUNT TAKEN' 0.5/24/20.0.1,' 0.0.0.0.250.47.' ,10.,0.0.0.,0.0. ~ .,- . , " . :",' , .:.... . ;. ?. :' " " , 0" < '/;:".. " ' "/:'"i';::';:;'~,:,> '-::>"";':.'''<,\'';5;' ;,','", "':\/r"::i~;'~<:.':\",.',;:s::..:,;: :::':':.::~;"",:,..' <: ',:,::'.', ,',::: ":: ,': .:.: ':,:'.: :. ,:.'.' "'" ':.' '" ?:;i: ";" , " ,i::Y :";.. . "i'cc <..:::.,,,{:i,,.'~' '" ,., ,<, ,i :,: :.,:,:',/>:;i ." <;:,':'::: ,-.\'::::: c"",:':;",:,> ':c',' ,i."~=~;:'3):"u; ',"":,,~, :':?~};:!'; :,~, '( ::i:;:>,/., .:;; ;':(' :,':",...}!; ',,;:';':'::::"'. P"?:: ' ,;:/(;",..<:" ~1f~~\~~/"::'<;:' ,y :\~;":c':.'::':;({',,, ,,<:;'...::,:',~: : " .. P' ':: ,;':;:-,> ,':~ ;.:;"f:., " ,::>;, "::.,.<::,";7: ':;:::'/":'::>::' . . .. '. ..,,:.... . ..",';::,i:<::,-:. ,i'" 'i', /:i >::::",,:" .' :':";::;'''' ",:".:,.:"', . .,';' '0'>; ~'i" ':" :,.;,,:!\: :{,'i:':,': : . ..'i:" ::,:)"":"~' <:,'';:' ;.'. >:;,' ";;'::::::<"::,;:',:;; ,';: . ,.'.':,';',:: ':!),~:>::;~ ii', ,:..:; '.. "(: .,;. .,;,;,,<':<:" . ::',;' :>"?.':\':,:,' , '." ..,..',>::'/,'.,:::':: :::,. :if ';<:~:;:::':":,;:/" :;":;:':,:=::-:,, , ':~'\:\t<':":';{."/':'i,; <'::' ~,;'-j::r;;<': .,,',.; :'."j':': ;,C:,<<':";. . ..' ,. ,,',. '.:':.).."::,'....:'.:,~;)"t",,),;;;.:/ ,", ..),<;,-"., .b" "; ''o;':i, ,. ,...:',. ,'.., :.'."}",;!,::,, :'>:-"/'." ,,:...,....{, :",),>:,..: ,:"', ,';;... :,,::\',:::'::"':"':':,,: :'".. ":.....'. "', ,::>:,;',:::~.:,: ".:> ,.;,..;>'.:'~ /:"i.:i;rHW::',:-, ;,:,:::;';'i :;::':;,':.?:/,:':~,.:"S,,/' VeridorName; ,A.uGUSTA~RICHMONP '.:-<~':'" ',..: ',:;,". ::.", c;":'> ';:c "",~: ::"""""'::;'::..' ':',:,.'. ' ',:,,' ' , ,,',.. ,. :':'!:"'::"'" ,::'::,':'.. :.",~ ':., :::,",\. <:?'~?:<..;:,,:;::;-:,:..,.:: ,',. INVOICE, I,,, INVOICE, I"VOUCHERI:;:::-",. :," 'GROSS' ;":-'::"",1(,. ''''':':, ""DISCOUNW: :.Ii, :'",;, :.::..AMOUNT..,'., NUMBER- ' DATE, ':' 10' ,',I',;:;' :.' 'AMOUNT ',Ii'" '~,' TAKEN":--:' '1:"," :-.... PAID ,} :0'l-C'-L-422 0.6/24/20.01' CCCC25048.",~' ",: "2~~OO~o.O':>'::':::~~~;"::", ''''','' C:':CO"'<;'Y;:'!,,'( 2',50.0...0.0 :O,'I-C'-L:-452, OS/24/200.1 00C?2504!?' '.. ".'.. 3?,;500,OO";,':'::"},, '.,'" --',0,0,0,' ,;":":' ' '37,500'.00 .' ,. .',' ": :-,;. >, ,;':,::' .. " "" ' .,,,; . '.~ " '. '-' "," -.,:",.. .' ",; ;',.. ,':"j, : " .. " : '. '. ~ ."] ", -', ", . ~ ~ . "..~ . ,. - .' ." ~, '\ " i.' GEORGIA DEPARTMENT OF COl\1MUNITY AFFAIRS Jim Higdon COMMISSIONER Ro)' E, Barnes GOVERNOR November 27, 2000 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: Enclosed is a check in the amount of $135,000 representing the first payment under the following Local Assistance Grants: $ 22,500 m~ /Jut I. $112,500tl/.~//~~~{~ ' Also enclosed are copies of the executed contracts for your files and Local Assistance Grant ' Request for Final Payment Form This form must be completed and returned Once you have completed your project and expended the full amount of the grant funds. Upon receipt of this form we will issue the final payment. Grant No. 01-C-L-451 Grant No. 01-C-L-452 Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115, I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Amy Hill at (404) 679-3154. Sincerely, Q~ ~t~~ Jim Higdon Commissioner JH/ja Enclosures EQUAL HOUSING .6.- OPPORTUNITY L:.I 60 Executive Park South, N.E.. Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper " ~..''9.f~~..~o .... ......, ~~ .., III. GEORGIA DEPARTMENT OF COl\1MUNITY AFFAIRS Jim Higdon COMMISSIONER , Roy E. Barnes GOVERNOR September 7, 2000 Honorable Bob Young Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 )J4-rl'M'h Ltc; Y/<'f. ~/l1J+T(D/I Dear Mayor Young: The attached contract when executed commits state funds in the amount of $150,000 to Augusta- Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. r ' The second deals with grants to private entities and is covered in Exhibit A of this contact, ' Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning the two copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. The Department of Community Affairs is pleased to assist you and the General Assembly in the administration of this grant. If you have any questions, please feel free to call me or either Amy Hill at 404.679.3154 or Bobby Stevens at 404.679.4943. j; SincerelY'4' "'. .' /-------~(" ) 11 L- ~ (vv',,"-- . ( Ii igdon Commissioner JH/cm Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L.:.J 60 Executive Pari!< South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 , www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper r, ., ~, " "., ,. I l' ; " Grant No. Ol-C-L-452 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGRE]~MENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 6th day of September 2000, by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and the City of Augusta, a politiicalsubdivision of the State of Georgia (hereinafter referred to as the "Recipient") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; and " WHEREAS, the Department is authorized by the provisions of Q,C.G.A. 1350-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and , WHEREAS, the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend funds for the purposes set forth herein; NOW. THEREFORE, in consideration of the mutual covenants and warranties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree and covenant as follows: ~ 1. Scope of Proiect.:. The Department shall upon the terms and conditions contained herein grant to Recipient, and the Recipient hereby accepts, an amount not to exceed $150,000 to be used solely for the purposes specified in the attached Exhibit A. which is' incorporated herein by reference and made a part of the Agreement. . 2. Accountabilitv. The Recipient agrees to expend said funds solely in conformance with this Agreement and to account for said, funds, in accordance with generally accepted accounting principles. Any funds not expended for the purposes provided herein shall be retumed to the Department. no later than completion of the project. 3. Disbursement of Funds. Subject to the availability of funds for such purpose, the Department shall pay the Recipient in accordance with the following payment schedule: $112,500 Within ten days of the Department's receipt of an implementation plan. $37;500 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $150,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. " 'I '\' I' l~ Grant: No. 01-C-L-452 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials, agents and employees of the Rec:ipient have not violated any applicable federal. state or local conflict of interest laws, ordinances, rules or regulations, including but not limited to, a.c.G.A. 1345-10-20 through 1345-10-28 and a.c.G.A. 1336-67A(l) through 1336-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally, the Recipi.ent attests that all officials of the Recipient have certified the same. 6. Enforceable and Legallv BindinJ! Act. The Recipient certifies that it is duly organized, validly existing and in good standing under the laws of the State of Georgia; 7 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. Monitoring and AuditinJ!. 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 refl.ecting its administration of Agreement funds and compliance with all applicable laws. Such documentation shall be retained for at least three years from the completion of said project and shall be made available to the Department upon request. The Recipient further agrees that an accounting of these funds shall be included in the next regularly scheduled audit or financial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient acknowledges and agrees that any unresolved findings of the Department concerning expenditure of project funds, whether based on an audit report, financial statement, project completion report or independent investigation of the Department, shall preclude the Recipient from applying for or receiving any further grants or other funds from the Department, until such findings are resolved to the satisfaction of the Department. 8. Open Meetings. The Recipient certifies that in approving this Agreement, it has complied with all the open meeting requirements of Chapter 14 of Title 50 of the OffiCial Code of Georgia Annotated. 9. No Agencv or Partnership. Nothing herein nor any actions of the parties hereto or their agents or employees shall create any agency relationship, partnership or joint venture, between the Department and the Recipient. ]ne 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. : io. Termination. The Department may terminate this Agreement, with or without cause, upon :five business days written notice to the Recipient. If at the time of termination, any funds under this Agreement have not been disbursed to Recipient, said funds shall be retained by the Department. 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (H) has failed to complete all or a portion of the actions required under the Agreement; (Hi) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal, state or local law, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. rol, 'I' l' ~ 'r Grant No. 01-C-L-452 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. VlI. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally,'without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or. as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith,", "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization,!' but may also mean a "custom, practice, relationship, or behavioral patter:n of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. ' (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so., No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire AJ!reemen1t. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise, other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. [Executions on following page] :: -7 'i' r, 'l' Grant: No. 01-C-L-452 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: r Attachments: Exhibit A. "Scope of Services" FOR THE DEPARTMENT OF caMMUNI1Y AFFAIRS By: ',' '. ~ 'I " i' " i' Grant No. 01-C-L-452 Page 5 of 5 EXHmIT A The Local Assistance Grant shall be used by the City of Augusta to contract for services with National Legacy Foundation in Augusta. . 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 substantiallbenefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduc;t 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. , ~ AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG . .Mayor. JAMES B. WALL CITY ATTORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: Jwall@co.richmond.ga.us LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM ANDY CHEEK RICHARD L. COLCLOUGH WILLIAM B. KUHLKE, JR. STEPHEN E. SHEPARD MARION WILLlAMS CHARLES R. OLIVER. P E, CPA Administrator WM. "WILLIE" H. MAYS. Il~ Mayor Pro Tern MEMORANDUM To: National Legacy Foundit~ion' Fi'om: James B. Wall Da~e:. July 26, 2000 The Attorney General issued a Memora'[ldum to Jim Higdon, Commissioner of Community Affairs, o~ 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 thaUhe 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 Oto the County issub.stantial.. Please review the scope of services to iq.slfre 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, asectarianentity. We have-been required to conduct "such factual inquiries as maybe 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 !Jeings", which is a requirement for your organization being eligible for the grant funds. I have attached two copies'of the~contract,sll1ce we must provide one copy to' DCA. The remaining copy is for the City's records. . Please execute both copies ofthe_collt~act:jn,9.rderthat they may be returnedto'me:-F~lrther, if you ~hould have~allyquestions concerning ~it~erthe scope ?f services or the certification,'please call me. ~ ~ T STATE OF GEORGIA RICHMOND COUNTY THIS AGREEMENT, made and entered into this GRANT AGREEMENT J{)+%ay of duK? 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 NATIONAL LEGACY FOUNDATION hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of Co~nunity Affairs and to Augusta a proposal to provide certain services as set fort:h 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, THEREFOR]~, 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 $150,000.00 (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 cons ideration of such appropriation of the Funds, the Organization agrees to perform the following services, which Augusta has determined renders a substantial benefit to its citizens, to wit: To provide prourams for the disadvaI1ltaged, thereby promoting public health and safety. 1 ~ . ~ Augusta has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: ~ 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; o Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; o Codes, including building, housing, plumbing, and electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. 2 / ~. -, 4. The Organization shall hold harmless and indemnify Augusta, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by app:-opriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 50-14-1, et seq.) if the Organization receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). Organization shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. Organization certifies that it is a tax exempt entity under S 3 r 501(c) of the Internal Revenue Code. 8. Organization acknowledges that one of the constraints imposed by the Georgia Constitution on toe 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 t:he universe. The American Heritage Dictionary Second College Edition 1044 (1982) . "The term I church I is one of verycomprehensi ve 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 orgc,nization," with "a conunon system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "or9anization," but may also mean a "custom, practice, relationship, or behc,vioral pattern of importance in the life of a comm~ni ty or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. Organizcltion certifies that Augusta has made inquiry of 4 '1 '. "[/ ~ " Org;anization as to whether it is "organized out of belief in God or other supl:!rnatural beings" and Organization hereby certifies to Augusta that it is not so {)rganized 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 in.valid 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. FOUNDATION -- ~ Zb ~B': qt/J As i ATTEST: Title: ATTEST: Sworn to and subscribed before me this day of ---;-2000. Notary Public My Commission Expires: 5 , . Office Of The Clerk of Commission lena ]. Bonner, CMC a(~rk of Commission Nancy Morawski Deputy aerie Room 806 - Munldpal Building 530 Greene Street - AuguSta, GA. 30911 (706) 821-t820 - FAX (706) 821-1838 December 1, 2000 , Senator Charles Walker Dr. Eddie Cheeks ,National Legacy Foundation' 1903 Wrightsboro Road .Augusta, Georgia 30904 Dear Senator Walker & Dr.. Cheeks: Enclo'sed is a check-in the ~unount of $112,500 representing 75 percent of your FY2001 State of Georgia Grant 01-C-L-452 appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program. Once you have expended all funds as outlined on your grant application you can request in writing through this office a request for final payment. . If! can be of further assistance, plea~e feel free to call. ,VJ;d:]k ~ .. . .. Lenal.Bonner ~~ 'Clerk of Commission Enclosure: ~uihoriz"!! pick up Ellis Al. bright ~.dX' du/ r;f Date / jJ~<...t~ ' ~ Natilonal Legacy Foundation, Inc. "A Legacy of Giving" May 9, 2001 Lena Bonner Clerk of Commission Municipal Building- Room 806 530 Greene Street Augusta, GA 30911 Dear Ms. Bonner: This letter is to request the balance of payment to the National Legacy Foundation Inc. in the amount of $ 37,500.00 from the Local Assistance Grant from the fiscal year 2001 State Budget from the Deparbnent :' of Community Affairs. The foundation has met the requirements of the Grant. Should you have any questions or need any additional information, please feel free to call me at (706) 667- 8979 or (706) 736-2737. - . , Thank you, <::: .L; L (li-eJ>~~/Pl~ Dr. Eddie R. Cheeks Jl",. __~. _ _____ cc: Senator Charles Walker 1826 Walton Way Augusta, GA 30904 4045 Berkeley View Drive Berkeley Lake, GA 30096 "\l '- , " GEORGIA DEPARTMENT 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 $150,000 in Local Assistance Grant funds has been included in the Fiscal Year 2001 State Budget. A brief description of the purpose for the grant is included on the enclosed application form. To begin the paperwork necessary to receive this grant, please complete in detail the attached application form ,a~d return it to my office. Once we have received and approved the application, we will forward a contract to you. We are delighted to assist you with your community development activities. If you have questions, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Thank you. Sincerely, I / . ~./ ;t~ Y-J-(f~~ i:tlrn Higdon Commissi oners JH/aha Enclosure EQUAL HOUSING.~ OPPORTUNITY L.:J 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper "\ ~. '. . Application for Local Assistance Grant Local Assistance Granes are made pursuant to O.C.GA ~50-8-8(a) which provides in pertinent part: "The department shall make grants to eligible recipients or qualified local governments. which grants are specified by amount, recipient, and purpose in an appropriation to the department" 1. Redpienr identified by the General Assembly in Appropriations Act: City of Augusta 2. Am:ount appropriated by General Assembly: . i .,$!50,OdO 3. Pwpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: " Contract for services with National Legacy Foundation in Augusca 4. Infc)rmation Required by the Department of Community Affairs for Award: _ a. Please provide a derailed 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. J e e A-i-t:t c~,"'e ~r ~~ b. Please provide a budget for the proposed project. listing all revenues and expenditures. Project Revenues Project Expenditures Local Assistance Grant Local Govt. Other Total ,c. Provide expected project start up and project completion dates: - - --.,- BeKinn;nK DilU c.mpuru11I DilU 'l 5. Contact Information: Please provide the following conuct information forme grant. Name: e;;d:'~ /%:1.t ~ c? fp~~ /'/( tf), , J~fl;~ vJ:y Address: City: --&J l.,o. {"-fa Telephone: 667- Y''l /' ? 7.76'-:Z '7.77 Facsimile: 1.1 h - 0 Y 75' SUte: {l q Zip: 3 0 q o.~ E-mail: >vcirlej ~/ (@ AtJL/ e o--?1, Name: Aadi~: City: SUte: Zip: Telephone: Facsimile: ' E-mail: 6. Certification I, me undersigned authorized represenracive of the localgovernmenr described in this application. certifY thac co the best of knowledge, the information in chis application is true and correce and the Local Assiscance Grant subject to chis lica on ill be used for me purposes ouclined abo~e. I further certifY the local governmenr described in dili 'p ~ ",d ,umoci", '0 "'Pond fund. 10, ilio pwpo= "" lorth h"dn. .-L - ~ - -.lliL Aumoriud &pmmtativ~ Dare Bob Young Nam~ (p~as~ print) Mayor TItle For additional information or assistance, please conrace Amy Hill at (40.4) 679-3154 or Bobby Stevens at (40.4) 679-4943. Georgia Department of Community Affairs 60 Executive Park South. NE Adanra. GA 30.329-2231 www.dca.st:lte.ga.us 6/0.0. ~ \ 6 r.. I (t r; IndeDendent Accountant's ReDort - . - - . We have examined management's assertion included in the accompanying State of Georgia Grant Certification Form about [name of government]'s compliance during the fiscal year ended [date] with the requirement to use grant proceeds solely for the purpose or purposes for which the grant was made for:each of the following grant award(s): [Individually identify each grant award of governor's emergency funds and/or special project appropriation.] Management is responsible for [name of government]'s compliance with this requirement. Our responsibility is to' express an opinion on management's assertion about the [name of government]'s compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and" accordingly, included examining, on a test basis, 'evidence about [name of government]'s compliance with this requirement and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on [name of government]'s compliance with the specified requirement. In our opinion, .management's assertion that [name of government] complied with the aforementioned requirement for the fiscal year ended [date] is fairly stated, in all material n:spects. ';~ .J ~ - ~ Augusta~~ichri1ond County Finance D_epartment MemiO . To: State Grant Recipient From: AI Denis, Grants Manager CC: Tammy Strange Date: 06/08/01 ., Re: Monitoring and Auditing, ~ . In accordance with grant agreeme~t .-dL-C,-L- 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 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 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. Within 90 days of receipt of state. fun,ds, 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 fi ncial statement hich includes 19xpen itures of Agreement funds. Name' Telephone No. 10t; -66 7- 8~ 79 (VtOArrCVi-(;' . CI1E/:/CS .' (Please print) , , Address d'S CoN:!- Pe(!2. L.:T:T2-CL-G (AU<'SusT/H5;1 309<? 9j (H) /82/0 WItLTOJ\( WAy JlujUshi, GIJ &:J90fOI-F/cej / I I . Page 1 / ,.- 1 .~ ~{ '<', 'lJl\ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR May 31,2001 HonQrable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is a check in the amount of $40,000 representing the final payment under the following Local Assistance Grants: Grant No. 01-C-L-422 Grant No. 01-C-L-452 $ 2,500 1I!tt~~ 9NI $37,500 1/laf;J;;d/4YfW!J If you have any questions, please call Bobby Stevens at (404) 679~4943. Sincerely, o~ )/.Atd~ .Jim Higdo_n Commissioner JH/j a Enclosure EQUAL HOUSING ~ OPPORTUNITY 1..:.1 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679.4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper :r;- .. Office of the Mayor Bob Young, Mayor Room 806, Municipal Building 530 Greene Str~l, Augusta, GA 30911 (706) 821-1831 -:, FAX (706) 821-1835 E-mail: mayoryo~g@co.riclunond.ga.us May 14,2001 . ' , Honorable Jim Higdon, Commissioner , Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329-2231 Dear Commissioner Higdon: Enclosed is the following Request for Final payments form for the following organizations: Or anization Augusta Arsenal & ia e Works Museum National Legacy Foundations,Inc Grant Award No. 01-C-L:-472 01-CL-452 As always, we appreciate your continued assistance in the administration of Augusta';s grant awards. " {. ..., -, \ ~ ~ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 [ . NATIONAL BECIPIENT: . LEGACY FOUNDATION LA GRANT AGREEMENT NUMBER: Ol-C-L-452 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 comer of the grant agreement. The certification statement below must be signed by the Chief Elected Official or by someone who is officially authorized to sign on the recipient's behalf. Please return the form to the, above listed , . address. If you have any questions, please contact Bobby Stevens at (404) 679-4943 or Amy Hill at (404) 679-3154. CERTIFICATION: This is to' request final payment on the Local Assistance Grant of the above referenced grant' number. In 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 e infoml.ation stated herein is true and accurate. Authorized Si ature \ '- ~ BOB YOUNG, MAYOR ' Name and Title Date ;' GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR September 7, 2000 Honorable Bob Young Mayor Augusta-Richmond County 53.0 Greene Street Augusta, Georgia 30911 Dear Mayor Young: The attached contract when executed commits state funds in the amount of $150,000 to Augusta- Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contact. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning the two copies to me. I will then sign for the. Department and return a copy to you along with a check representing the first payment. The Department of Community Affairs is pleased to assist you and the General Assembly in the administration of this grant. If you have any questions, please feel free to call me or either Amy Hill at 404.679.3154 or Bobby Stevens at 404.679.4943. Sincerely, ~n Commissioner JH/cm Enclosure cc: Richmond County 12egislative Delegation EQUAL HOUSING ~ OPPORTUNITY L:.J 60 Executive Park South, N.E. 0 Atlanta, Georgia 30329-22310 (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper .- " 1 ' " r~ < "1 GEORGIA DEPARTMENT 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 $150,000 in Local Assistance Grant funds has been included in the Fiscal Year 2001 State Budget. A brief description 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 form and return it to my office. Once we have recei ved and approved the application, we wi II fonvard a contract to you. We are delighted to assist you with your community development activities. If you have questions, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Thank you. SinC~reIY, 0./ I . I U~'-' ~<--./ ~ ~igdOn Commissioners JH/aha Enclosure 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 .. ". ! , \. ,I, I' ~ AUGUSTA-RICHMOND COUNTY COlVIMISSION BOB YOUNG Mayor JAMES B. WALL CITY A TTOIU'\TEY 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 WILLlAMS WM. "Wll..LlE" H. MAYS, In Mayor Pro Tern CHARLES R. OLIVER, P E, CPA Administrator MEMORANDUM To: National Legacy Foundation 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 fonn of a contract for services. [n addition, th<:: contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. The second concern was the constitutional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the grant funds. T have attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for the City's records. I Please execute both copies 'ofthe 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. ,f" .._~ .: ~.. 'c; ," '. "" 1.;1 ...... .f.",'t. .~ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR September 7, 2000 Honorable Bob Young Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: The attached contract when executed commits state funds in the amount of $150,000 to Augusta- Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should tbis 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 altorney 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 pflyment. ' 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 4Q4.679.3154 or Bobby Stevens at 404.679A?43. ,Sincc:eIY,,,' ( ~~ CM~twu JirO~g;On I, " Commissioner JH/cm Enclosure cc: Richmond County Legislative Delegation 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~ S:rA...TE OF GEORGIA GRANT CERTIFICATION FORM (. "r .,- f 'i ~ As rE~quired 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 appr>opriation shall be conditioned upon the receipt by the state auditor of a properly completed gra01t certification form. One Grant Certification Form should be prepared for each grant awarded to tlie local government. The Grant Certification Form(s) should be submitted to the State Auditor with one c.opy of the annual audit report. Questions concerning the preparation and submission of this form should be referred to Local Government Audit Section of the Georgia Department of Audits and Accounts. Instructions for Completion 1. Complete lines A through K on page 2 of this form. Please note that one form should be used for ~&h grant from the governor's emergency fund or from a special project appropriation. 2. The appropriate officials should sign and date the section entitled "Certification of Local Government Officials." 3. Attach Independent Accountant's Report. 4. Mail the Grant Certification Form (including Independent Accountant's Report) with one copy of the au.dited annual financial report to: State of Georgia, Department of Audits and Accounts Local Government Audits Division 254 Washington Street, S.W. Suite 322 Atlanta, Georgia 30334-8400 5. If:the local government meets the eligibility criteria for an agreed upon procedures engagement in accordance with the provisions of the Official Code of Georgia Annotated Section 36-81-7, the local government is responsible for ensuring that the procedures performed by the independent-certified public accountant are sufficient .in scope to enable the CPA to complete the Independent , Accountant's. Report. These procedures include examination of grant application and award documentation to become familiar with the terms and conditions of the grant; verification of receipt of grant proceeds; and evaluation of the local government's documentation of expenditures. The purpose of these procedures is to comply with the provisions of House Bill 1364 requiring certification that the grant funds were used solely for the express purpose or purposes for which the gnUlt was made. , 6., Whether the local government engages an independent certified public accountant to perform an audit or perfonn 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 widt the requirement to use grant funds solely for the express purpose or purposes for which the grant was made. The independent CPA should conduct the engagement in accordance with the standards for examination engagements for compliance attestation contained in the Codification of StClltements on Standards for Attestation Engagements. 7. This form and the accompanying Independent Accountant's Report is required to be filed with the state auditor in conjunction with the annual audit for each year in which grant funds are expended or remain unexpended by the local government. 8. Questions concerning the provisions of House Bill 1364, the State of Georgia Grant Certification Form, or attestation engagements should be referred to Edward Blaha, Deputy Director, Local Government Audit Section, at the address listed above; telephone (404) 651-5115; fax (404) 651- 5608; or e-mail blahaef@maiI.audits.state~ga.us f~4 ,.,. .. ~ ST~TE,OF GEORGIA GRANT CERTIFICATION FORM ,. A Local Government , B Information For Year Ended I C State Awarding Agency D Grant Identification Number E Grant Title F Grant A ward Date G Grant Amount H Balance - Prior Year (Cash or Accrued or Deferred Revenue) I Grant Receipts or Revenue Recognized J Grant Disbursements or Expenditures K ~3alance - Current Year (Cash or Accrued or Deferred Revenue) (Line H + Line I - Line J} Certification of Local Government Officials I have" reviewed the information presented above and certify that it is accurate and correct. I further certify: that the proceeds of the grant award identified above were used solely for the express purpose or purposes for which .the grant Was made. I understand that failure to comply with the provisions of the law applicable to this grant award shall result in a forfeiture of such grant and the return to the state of any such grant funds received. Signature of Chief Elected Official Date Signature of Chief Financial Officer Date t ,. OFFICE OF THE MAYOR BOB YOUNG, MAYOR ROOM 806, MUNICIPAL BUILDING 530 GREENE STREET, AUGUSTA, GA 30911 (706) 821 -1 831 - FAX (706) 821 -1 838 E-MAIL: MAYORYOUNG@CO.RICHMOND.GA.US October 13, 1999 The Honorable Jim Higdon, Commissioner Georgia D~partment of Community Affairs 60 Executive Park South, NE At.lanta, GA 30329-2231 Dear Commissioner Higdon: Enclosed is the following executed Emergency Fund grant contract awarded to the 100 Black Men of Augusta, Inc. as approved by Governor Barnes. E --. Grant Award Organization Purpose -- lO Black Men of Augusta, $5,000 .. Operating expenses Inc. As always, we appreciate the Goveirior's support of our community based programs and DCA's continued assistance in the administration of Augusta's grant awards. Very truly yours, ~#o 1<<L~v . Bob YOUdg,MayOW Augusta, Georgia BY/mw A CITY OF CHARACTER .. -;-- OFFICE OF THE CLERK OF COMMISSION Lena J. Bonner, CMe Clerk of Commission Nancy Morawski , Deputy Oerk MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: October 27, 1999 SUBJECT: Department of Community Affairs Governor's Emergency Fund Award , Enclosed is a check in the amount of $5,000 from the Department of Community Affairs. .' Please issue an Augusta-Richmond County check to the following Governor's Emergency grant recipient, which was approved by the Augusta Commission in meeting held October 5, 1999: ~ The 100 Black Men of Augusta, Inc. :' Please return the check to me so that it can be forwarded to the appropriate State Representative for distribution. , Should you have any questions or need any additional information, please feel free to call. Thank you for your continued assistance. Enclosure: (1) $5,000 check " Cc: Mr. Charles R Oliver, Administrator 530 Greene Street. Augusta. Georgia 30911 . (706) 821-1 H20. Fax (706) R21-1 R7>R .. THE AUGUSTA COMMISSION AGENDA REGULAR MEETING 2:00 P.M. COIVIMISSION CHAlVIBE~ OCTOBER 5. 1999 INVOCATION: Rev. Donald R. Jordan Pastor, Trinity C11E Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF A.l\1ERICA, CONSENT AGENDA (Items 1-35) PLAl'iNING 1. ZA-R-I06 - Request for concurrence with the decision of the Planning Commission to approve a petition from the Augusta Richmond Cmmty Planning Commission to consider an amendment to several sections c::f the Comprehensive Zoning Ordinance regulating hotels and motels. (Second reading-Approved by the Commission in meeting September 21, 1999) 2. ZA-R-I07 - Request for concurrence with the decision of the Planning Commission to approve a petition from Augusta Richmond COlli1l)' Planning Commission to consider an amendment to several sections of the Comprehensive Zoning Ordinance related to permitted uses. (Second reading. Approved by the Commission in meeting September 219 1999) FINANCE 3. NIotion to approve statement for payment of $2740.00 to the Law Office of Warlick, Tritt & Stebbins for professional services rendered on behalf of the Downtown Development Authority funded fro.m General Fund Contingency. (Approved by Finance Committee September 27, 1999) 4. Motion to approve the "Augusta Utilities Billing and Collection Policy. (Approved by Finance Committee September 27, 1999) 482 Page 8 Mr. Powell: Motion to approve two tables. r'!Y . - . ~ .. :-:.~,.~ .-...... -::.~ . -------~.. '= ...:. - -. ':"'.::~ . iV!r. Ol:..'":r~::"': ~~~th :~~Cl~S ~~sm \\C=mm~33~~~ Othe="? Mr. Powell: Yes. Mayor Young: second. Discussion. Tl'las there a Mr. Beard? second? Okay, we have a Mr. Beard: My point would be to determine how maI1'.yr people are going to this, because some of the times we are buying two to three tables and people are not in attendance. I don't know whether the motion, the maker of the motion would amend that to ge~ting the necessary tables? Mr. Powell: I would accept that as an amendment, Mr. Beard, if the Mayor would like to make an amendment to take it out of his contingency fund, rather than the "Commission Other" I'll accept that. Mayor Young: tables, if needed? What you want to do is buy up to two ~'1::::- . Beard: -! e s . To me, ....."'r-,_J... '- __Co '- ','Jould ma:-<.:e a little more sense. to do. Just deleting a whole fund, that's what you're about Mayor Young: Well, it's getting close to the end of the year. You get to start over again in January. .~~y further discussion? .i\ll ln favor, please vote aye. This is rlJ::r:. Maund's reti::::-ement meeting, so it would be good to have a good showing of the Commissioners that night. MOTION CARRIES 9-0. v Clerk: Item 38: execute contract wi th subject to the approval Motion to authorize the Mayor to the Department of Communi ty Affairs of the Attorney and the Administrator for the Governor's Emergency Fund Grant Award to the 100 Bla,ck Men of Augusta Inc. 483 Page 9 Mr. Mays: I so move. M~. She~ar~: Seccn.:::.. ~v!a~/or rour:a: Motion and second. &~y di5c~ssion? All In favor, please vote aye. MR. POWELL _~STAINS. MOTION CARRIES 8-1. Cler:<: Item 40: Consider an Ordinance to amend c.b.e Augusta-Richmond County Code to add to Title 1 Chapter 1, a New Article 2 to provide for Code of E~hics for employees and The Augusta-Richmond County Commission; to renumber Augusta- Ric:-..rr.cnd Cou...'"'lcy Code ~ 1-1-11; to prove definitions; to establish a Code of Conduc~; to provide sanctions; to repeal conflicting laws; and for ot~er purposes. Mayor "Young: This is the item that I a5k:~ to be put on the agenaa for a couple of reasons. I think what brought it to a head was the Grand Jury report that questioned the relationships between Commissioners and a City vendor or potential vendor. The Georgia Municipal Association has urged all cities, all mor: than 400 member cities, to undertake codes of ethics. We have a code of ethics already on the Ordinance, State law has a code or ethics ror public officials, but if they were effective the Grand Jury wouldn't be calling into question certain actions or anticipated actions by Commissioners. What I have done 1S taken the executlve order wiitten by Governor Roy Barnes for the employees of the Executive branch of State government and aDDlied ic to the employees, the Commissioners, and the Mayor, and our appointments to boards and commissions, applying those same standards, with two exceptions: No.1, in the case of elected officials, that there is no problem with receiving a lawful contribution, and the second one is that promoters of events would continue to be allowed to provide tickets to those events to the Commissioners. So I put this on the table and it's up for any discussion or consideration that you may have for it. I would encourage you to embrace this, indeed as Tt-Ie trj'" raise the moral scandard or this communi ty and impr:)ve t::e lmage or chis Commission, throughout thi~; c=mmu~~~y, I chink the mere we can ~o to shew che pecol~ In 0' OF 001, . 00000137.27 AUGUSTA'-RICHMOND' COUNTY . STATE OF GEORGIA, ~EPARTMENT OF COMMUNITY AFFAIRS ATLANTA,' GA BANK 1100-1000" Check No: ,Check Dale: Check'Tolal: 0000032847 10/22/1999; $5 , 00.0. 00 . GROSS AMOUNT 5,000.00 DISCOUNT TAKEN ' AMOUNT' PAID 0.00 5,,000.00 . ~ --.' ,,'v _ ~ . . r.' ,;,-i.. /. ,..... ,".00000 ~ 28 L. 7". -:0 b .OOOO~O_: 07 0.7 L. b 5". ,; OFFICE OF THE CLERK OF COMMISSION Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Ocrk ,MEMORANDU1Vl TO: Mr. James B. Wall, Attorney FROM: Lena J. Bonner, Clerk of Commission DATE: October 27, 1999 SUBJECT: 100 Black Men of Augusta, Inc. Please prepare a Grant Agreement for the enclosed Governor's Emergency Award to the , 100 Black Men of Augusta, Inc, which was approved by the Commission in meeting, held October 5, 1999. Thank you. Enclosure: 530 Greene Street. Augusta, Georgia 30911 . (706) 821-1820 . Fax (706) 821-1 R~R ii ~1~!i : ~~~~~.- GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR October 25, 1999 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is the Governor's Emergency Fund check in the amount of $5,000 to Augusta-Richmond County to assist with expenses for the summer academy for the 100 Black Men of Augusta, Inc. Also enclosed is a copy of the executed contract for your files. Please also be aware that as the recipient of a Governor's Emergency Fund grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. I am pleased that we were able to assist you with the funds provided. JH/ja Enclosures 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 Emp/oyer @ Recycled Paper .. Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: 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 $1,250 Delta Leadership 01-C-L-426 $ 4,000 Augusta Ballet o l-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. Enclosures: AUGUSTA-RICHMOND COUNTY1COMI\lHSSION 057408 , ,DESCRIPTION' P,O, NUMBER, INVOICE NUMBER ,INVOICE A'MOUNT NET AMOUNT ~RANT 01CL424A 5,000.00 0.00 5,000.00 - -- ,,- ... " , ,- .- . CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 057408 07/13/01 5,000.00 0.00 5,000.00 " , . .' "11 :1 J:~~11~ , TOT 03'0 " ' ,... , , '~U~MST~~~)fti~)lfl~~, i~t~i:l~I~t~ " 'AU,GUSjA'; GEO.RGIA: , . ' ' . ". ,> II' 0 5 7 L., 0 a II' I: 0 b 1. 1. 0 .. ~ 7 5 I: b a ~ 0 .. L., a ~ g L.,1I1 t 'i' --- -- ------- ---_.--~-..::....- ---= __-. Augusta~Ricbmond CQLlJltv ~ . ' Finan~e Department . """'- MemlO 'To: State Grant Recipient IFrom:Al Denis, Grants Manager , cc: Tammy Strange Date: 06/08/01 " j . ~ .1 \ Re: Monitoring and'Auditing, ' .~\ . $-,' ", :., , .,.... ft'-," I '" , \' ';<J'" Address . , . Page 1 1//&/IJ/ ry~ ( (ecO,;-eJ) ~ uk ) on bel1cJ.f orP zo.~ 6()JCNh <3 hoUf/~ Cobton -- r ~.,. Page 00,1. OF 001 Vendor No: " 0000013,727 ,.,vendor Name: AUGUS T A- RICHMOND 'COUNTY:' "" ,STATE OF GEORGIA , ' ., ' _. :OI:PARTM.EN,T. OF ,COMMUN ITY.A'FF~~~.~_;.::, .- "," AtCANTA, GA." '.,' ;" 1100-1000' GROSS AMOUNT 5,000.00 .. ,4,000'.00:, 0000048820' 06/29/2001, $'9,; OO,O::,~O '. ~.~ '.. .~_..: .:,: ': INVOICE NUMBER lOl"C-L-424. 'Ol-C-L-426. AMOUNT , PAID' ' .' ,",-;.. 5'000: 00. 4: 000';00: -". :'-~ .. .'. l"' . l~ , (,' ,,100000 ~aa 20111 1:0 b .0000 .01: 07 0.7 ~b Sill - 'I..... =1 '.,f,qi I .' " ;' -;. I AUGUSTA BALLET ~:CIPIENT: LA GRANT AGREEMENT NUMBER: Ol-C-L-424 ~1 :r; 'Iii! (Ti .~; GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 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 comer of the grant agreement. LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT 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. Authorized Si lature 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. ~" " j~ : J~ ,;:r '..;tf ,....; CERTIFICATION: ~l Bob Young, Mayor Name and Title Date ~"'f 'ct '-" ,-;J ~! Y ::ti .\~ ~f T ii"jC' 'I ~ ~ ~' " ~ . ., II'~ A u 9 us, a Balle' Po. Box 3828 Augusto, GA 30904 (706) 261-0555 May 24, 2001 Ms. Lena Bonner Clerk of Commission 'Municipal Building Room 806 Augusta, GA 30911 Dear Ms. Bonner, The Augusta Ballet has completed the New Visions Education Outreach program for which we received a $20,000 Community Assistance Grant. All funds received to date ($15,000) have been expended. I am writing to request final payment of funds ($5,000). Please forward payment to: Augusta Ballet P.O, Box 3828 Augusta, GA 30914 Thank you for your efforts on our behalf. We are most appreciative. Sincerely, //2~ '~Colton Artistic Director ::-- Application for Local Assistance Grant Local Assistance Grams are made pursuant to a.e.G.A. ~50-8-8(a) which ptovides in pertinent part: "The department shaD make. grants to eligible recipients o,r qualified /ocal goilernments, which grants are specified by amount, recipient. and purpose in an appropriation to the department" 1. Recipient identified by the General Assembly in Appropriations Act: Richmond County , 2. Amount appropriated by General Assembly: , $20,000 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Contract for services with the Augusta Ballet in Richmond County 4. Info:rmation' Required by the Department of Community Affairs for Award: a. P~ease provide a derailed description of the project, location, type of work to be initiated. and for what purposes the funds . . i" awarded ~rou~h ~is grant would be used. Attacr:dd~t:onal pages if neccssa:' (. ' /-"--: U-<-;~ ~~~ ()~~JLH~1 V% ~~ f.~G..::.2...<<_;::f] - C:..{ ,J ~.- _..v _ '.~ ,,1' r< 1/:. (,7 - / ., _ / , il' l:;;a. / .'- <- ---,-,- iJ . ~ '-'? '~"./ ;..><....~~'<"-""--' u/ <.J c; ~ - 1'1; '-'<> c.:, ,/-'~ Q ~~ ~ -~ ~/1 ..~ ~C~'--- ~ "~1~~ if~ ~,~ f~~~ C7:/\~ ~-,~a 6~rg~~'~L c.:I:f\.. /J ~ ~~(,_,-,.";>'.j_J oc.-r'-l'7?''-~~ b. P~ease provide a budget for the proposed project, listing all revenues and expenditures. : Local Gove. I D U <.:. (;, ( /lu <:)<..0':; . Project Expenditures c...- /l I .' . _ f) '-;r- Yl.z...~ . IJ LA . -- - .:2-V r~ I '~ y:' 1/ d -I=;-- iJ .... < ~ ,-..1!(.;.. ~ /,;- C ~ 4,"-..(. tl~-t J2-1'~ Project Revenues Local Assistance Grant ., /. a::.::, '.. ~/ I---'~ , Other Total -LO'-. I (.) ..1 _ c. Provide expected project start up and project completion dates: ,/ - ~---~ L~ - 8 ,:.) -- B~pnning Dau Compktum Dau 5. Contact lriformation:Please proViCie the following contact information for the grant. Nam" ~ ~ (!~ ~ / tl'~-c-~ 0A~-~ Address:~ ~S/ .3 ~ Ci<r- (J r< ~. Tdephone: U 1- ().\:)" '), Facsimile: ~!a I ~ 6 :), \ '; S,,,,, ~ZiP' E-mai{ __~ .J.dT()/ Nam,: ~,- <>-1d~ ~- ,Address: r-i.l~(J) Q~~"ri~' (d?2 City: 11;.~ ~ _ ' ,Tdephone: 7 G <::, 7 ~ ~ (j 0.) 7 Facsimile: , (b State: r-Zip: 7 =? I ~ 5'Co ")--0' E-mail: 36/0<j 6. Certification I. che und~igned auchorized repr. esentative of the 10c31government described in chis application. certify chat co che best of nn',~owlecjge. che information in this application is true and correct and the Local Assistance Grant subject tp this 6pli cio II 'ill ,e used for che purposes outlined abo~e. I furmer certify the local government described in this ap~li !, It r ~it6' po~'" Mt1~'Y <0 ap<nd fuod. fo, d" pu<po= ""lOnh h""iu. . ~ - .li- - 2Dilll Authorized &pmm14tiv~ Dau Bob Young Name (p/us~ print) Mayor 1itk For additional information or assistance. please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Georgia Department of Community Affairs 60 4cecutive Park South. NE Atlanta. GA 30329-2231 www.dca.state.ga.us 6/00 " 'r AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY ATTORNEY P. O. Box 2125 454 'GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: Jwal1@co.richmond.ga.us LEE BEARD ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM ANDY CHEEK RICHARD L. COLCLOUGH WILLIAM B. KUHLKE, JR. STEPHEN E. SHEPARD MARlON WILLIAMS CHARLES R. OLIVER, P E, CPA Administrator WM. "WILLIE" H. MAYS, III Mayor Pro Tern MEMORANDUM To: A'ugusta Ballet Fr'om: James B. Wall Date: July 26, 2000 The Attorney General issued a Memorandum to Jim Higdon, CommissiOIler 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 reeipient makes, the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope ofserviQesand 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 in.s~lre it accurately staltes 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 nel~essary to enforce" the sectarian aid prohitiition. Accordingly, 1 have included a certification that your organiz~tion is not "organized out of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the g~ant funds. I have. attached two copies of the contract, since we must provide one copy to DCA. The remaining copy is for theCity's records. Please execute both copies of the contract in order that they may be return~dto Il)e. Further, if you should have any questions concerningeither the scope of services or the certification, please call me. ~ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jlim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 12,2000 H:morabie Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: I am pIe.ased to advise you that $20,000 in Local Assistance Grant funds for Richmond County has been included in the Amended Fiscal Year 2001 State Budget. A,brief desCiiption of the purpose for the grant is included on the enclosed application form. To begin the paperwork nec~ssary to'receive this grant, please complete in detail the attached application form and return it to:-my office. Once we have received and approved,the application, \ve willfonvard a contract to you. We are delighted to assist you with your community development activities. If you have questions, please cOTltact'AmyHill at (404) 679-3154"or Bobby Stevens at. (404) 679-49-1-3. Thank you. , Sincerely, COnn ~8d@J Jim Higdon Commissioner JH:bsa Enclosure EaUAL HOUSING ~ OPPORTUNITY L.:.J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper f:' ;" STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ..2tJf:L day of ~a 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 AUGUSTA BALLET hereinafter referred to as the "Orqanization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of CO~uunity 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 $20,000.00 (the "Funds"), to be paid to Organization upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the Organization agrees to perform the following services, which Augusta has determined renders a substantial benefit to its citizens, to wit: To provide for an c:lrt program through the Augusta Ballet. 1 L ~. Augusta has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: o Police and fire protection; o Garbage and solid waste collection and disposal; o Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; o Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; o Parks, recreational areas, programs, and facilities; o Storm water and sewage collection and disposal system~; o Development, storage, treatment, purification, and distribution of water; o Public housing; o Public transportation; ~ 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 cla:Lms for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its off:tcers, 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 informdtion 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 acknow1edges 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 reccirds, 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 denominaticn 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 (19132) . "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 "orqanization," 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 ~a. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other iupernatural 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 supE~rnatural beings" and Organization hereby certifies to Augusta that it is not so ()rganized 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 rein1burse 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. ) u.w A Bf': I .L-- ~~ As its ATTEST: AUGUSTA BALLET ORGI,NIZATION ATTEST: Title: Sworn to and subscribed before me this day of --;2000. Notcry Public My Commission Expires: 5 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS September I, 2000 ibrb t{S1+ ~T Roy E. Barnes ~RNOR Jim Higdon COMMISSIONER Honorable Bob Young Mayor of Augusta 530 Greene Street Augusta, Georgia 30911 Oi:ar Mayor Young: The atta~hed contract when executed commits state funds in the amount of $20,000 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 th!is grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning the two copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. The Department of Community Affairs is pleased to assist you and the General Assembly in the administration of this grant. If you have any questions, please feel free to call me or either Amy Hill at 404.679.3154 or Bobby Stevens at 404.679.4943. Since:~ ~igdon Commissioner RECEIVED JH/cm Enclosure cc:: Richmond County Legislative Delegation SF.P 05 2000 li/"'yor:" . , .'1. cJ I ;;, \", " '. ~. 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. 01-C-L-424 s.. STA1rE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS 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"). ' WHEREAS. the State of Georgia desires to promote the health and welfare of its citizens; and WliEREAS. mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; and WHEREAS. the Department is authorized by the provisions of O.C.G.A. 1350-8-8 to grant and admiIlister public funds in furtherance of the public purposes specified therein; and WHEREAS. the Recipient warrants that it isa 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 expe~d 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 a$ 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 $20,000 to be used solely for the purposes specified in the attached Exhibit A, which is incorporated herein by referehce and made a part of the Agreement. , 2. Accountability. The Recipient agrees to expend said funds solely in conformance with this Agreement and to account for 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 Depaf]pnent shall pay the Recipient in accordance with the following payment schedule: $15,000 Within ten days of the Department's receipt of the executed Agreement. $5.000 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $20,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. , . ~ '. Gran.t No. 01-C-L-424 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials, agents and employees of the Recipient have not violated any applicable federal, state or local conflict of interest laws, ordinances, rules or regulations, including but not limited to, a.C.G.A.1345-1O-20 through 1345-10-28 and a.c.G.A. 1336-67A(1) through 1336-67A(4) and that the aforementioned parties shall continuously comply with the same throughol,lt the term of this Agreement. Additionally, the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Legallv BindinJ! Act. The Recipient certifies that it is duly organized, valid1y 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. MonitorinJ! . and Auditing. Upon request, the Recipient agrees to provide the Department with any information, documents and/or photographs the Department deems necessary to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate books, records and accounts reflecting its administration of Agreement funds and compliance with all applicable laws. Such documentation, shall be retained for at least three years from the completion of said project and shall be made available to the Department upon request. The Recipient further agrees that an accounting of these funds shall be included in the next regularly scheduled audit or financial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient acknowledges and agrees that any unresolved findings of the Department concerning expenditure of project funds, whether based,on an audit report, financial statement, project completion report or independent investigation of the Department, shall preclude the Recipient from applying for or receiving any further grants or other funds from the Department, until such findings are resolved to the satisfaction of the DepaJrtment. '. 8. Open Meetings. The R~cipient 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 Geor~~a Annotated. 9., No Agencv or Partnership. Nothing herein nor any actions of the parties hereto or their agent:s or employees shall create any agency relationship. partnership or joint venture, between the Depaltment 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 respo~nsible for performing any and all obligations under this Agreement. 10. Termination. The Department may terminate this Agreement, with or without cause, upon five business days written notice, to the Recipient. If at the time of termination, any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. '11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement;(iii) has .acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal, state or local ]!aw, ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. '.; Grant No. 01-C-L-424 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 o(any church, sect, cult. or religious denomination or of any sectarian institution." Ga. Const., Art. I. Sec. II, Par. VII. (b). TIle "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 engag'e Salvation Army to conduct welfare program). This is true even if the program is conducted neutra.lly. without reference to such beliefs and practices. 1988 ap. 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 coriununity 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 supematural 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 prohiQition 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 orfailure 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 parties. There are no representations, oral or otherwise, other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. [Executions on following page] " Grant No. 01-C-L-424 Page 4 of 5 IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the date first written abovl~. FOR THE RECIPIENT By: w~' Attachments: Exhibit A, "Scope of Services" FOR THE DEPARTMENT OF CaMMUNI1Y AFFAIRS By:, " . STATE OF GEO,RGIA GRANT CERTIFICATION FORM '. ~ i' 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 apprupriation 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 c.opy of tbe annual audit report. Questions concerning the preparation and submission of this form should be referred to Local Government Audit Section of the Georgia Department of Audits and Accounts~ Instru<:tions for Completion 1. Complete lines A through K on page 2 of this form. Please note that one form should be used for ~~ grant from the governor's emergency fund or from a special project appropriation. 2. The appropriate officials should sign and date the section entitled "Certification of Local Government Officials." 3. At1tach Independent Accountant's Report. 4. Mail the Grant Certification Form (including Independen~ Accountant's Report) with one copy of the audited annual financial report to: State of Georgia, Department of Audits and Accounts Local Government Audits Division 254 Washington Street, S.W. 'Suite 322 Atlanta, Georgia 30334-8400 , 5. If the local government meets the eligibility criteria for an agreed upon procedures engagement in accordance with the provisions of the Official Code of Georgia Annotated Section 36-81-7, the local government is responsible for ensuring that the procedures performed by the independent certified public accountant are sufficient in. scope to enable the CPA to complete the Independent AClcountant's Report. These procedures include examination of grant application and award doc:umentation to become familiar with the tenns and conditions of the grant; verification of receipt of grant proceeds; and evaluation of the local government's documentation of expenditures. The pUIposeof these procedures is to comply with the provisions of House Bill 1364 requiring certification that the grant funds were used solely for the express purpose or purposes for which the grant was made. 6. , Whether the local government engages an independent certified public accountant to perform an audit or perform the agreed upon procedures, for purposes of meeting the requirements of Rouse Bill 1364 the independent CPA should be engaged to examine management's assertion of compliance with the requirement to use grant funds solely for the express purpose or purposes for which the grant was made. The independent CPA should conduct the engagement in accordance with the standards for examination engagements for compliance attestation contained in the Codification of Statements on Standards for Attestation Engagements. 7. This form and the accompanying Independent Accountant's Report is required to be filed with the state auditor in conjunction with the annual audit for each year in which grant funds are expended or remain unexpended by the local government. 8. QUt~stions concerning the provisions of House Bill 1364, the State of Georgia Grant Certification Form, or attestation engagements should be referred to Edward Blaha, Deputy Director, Local Government Audit Section, at the address listed above; telephone (404) 651-5115; fax (404) 651- 5608; or e-mail blahaef@mai1.audits.state.ga.us ," ~; - . ,STATE OF GEORGIA GRANT CERTIFICATION FORM A I Local Government B Information For Year Ended . I C State Awarding Agency . D GraI).t Identification Number E Grant Title u : F · Grant A ward Date t I G Grant Amount H Balance - Prior Year (Cash :or Accrued or Deferred ,Revenue) I j Grant Receipts or Revenue ,Recognized , J Grant Disbursements or Expenditures K ]Balance - Current Year (Cash C)! Accrued o! Deferred Revenue) (Line H + Line I - Line 1) Certification of Local Goyernment Officials I have reviewed the information presented above and certify that, it is accurate and correct. I further certify that the proceeds of the grant award identified above were used solely for the express purpose or purposes for which the grant was made. I understand that failure to comply with the provisions of the law applicable to this grant award shall result in a forfeiture of such grant and the return to the state of any such gram funds received. Signature of Chief Elected Official Date Signature of Chief Financial Officer Date 6. . ,~~t _; ~. Independent 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 resP9nsible for [name of government]'s compliance with this requirement. Our r1esponsibility is to express an opinion on management's assertion about the [name of government]' s compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name of government]'s compliance with this requirement and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on [name 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. --.,.,... fi " . ~ 1"1 ":\ . Gran,t No. 01-C-L-424 Page 5 of 5 EXHmIT A The Local Assistance Grant shall be used Richmond County to contract for services with the Augusta Ballet 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 asa condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. " . To illustrate. suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate iInplementation might be a contract for services in which th:e historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be' implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. \ ~- ~ ,- ~ !r' <_(,~I , ?t " . _ -.fj>' . ...~ - .. ~J;" * . '5"]11 - -~ '\.< } If, ~J , , ~ , Augusta-Richmond County Finance. D,epartment Memo To: State Grant Recipient From: AI Denis, Grants Manager 'CC: Tammy Strange Date: 06/08/01 Re: Monitoring and Auditing ~ In accordance with grant agreement ~-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 . 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 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. " Within 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 ')c!~ ~.~fl~ Telephone No. 'JOb ,,~') y')')~ (PI ~Q.t~) ~~ B. \~a. ~ '" \ d<. ease pnn '. , Address 0.. v...~,~ ~ . ~ ..\..c...~< " U \A { ", (~ ~ 1 +'j 2-S-DQ Luo.\~~ ~o.~ o..~~u.. ~ '\-- ) G..A ~CCf () ~"2Z00 . Page 1 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, Interim Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: June 6, 2001 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed are checks in the amount of $10,000 and $40,000 from the Department of Community Affairs representing [mal payment of 2000-2001 grant awards. Please issue Augusta-Richmond 'County-checks to the following Local Assistance Grant recipients: GRANT NUMBER ORGANIZA TION GRANT AMOUNT , No.01-C-L-472 Augusta A-rsenal & $10,000 Carriage Works Museum No.01-C-L-422 Neighborhood $2,500 Improvement Project No.01-C-L-452 National Legacy $37,500 Foundations, Inc. As always, thank you for your continued assistance. _' .I \ -;! ,... 1 GEORGIA DEPARTMENT OF T COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR May 31, 2001 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 tliIjMivtiuHlal Enclosed is the, final payffient in the amount of $10,000 for Local Assistance Grant #01-C-L-472 to Augusta-Richmond County. Dear Mayor Young: If you have any questions, please call Bobby Stevens at (404) 679-4943. Sincerely, 9- I4c1- Jim Higdon Commissioner -'-JH/ja Enclosures EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us All Equal Opportunity Employer . * Recycled Paper AUG'USTA}RICHMOND COUNTY COMMISSION :-- .. . . 054979 ",:" , DESCRiPTION".. "" ....... . ~".. .'.. P.Oi,NUMBER ' ',INVOICE'NUMBER": ..'INVOICEAMOUNT., '" ; ':NET AMOUNT'.. ' I.JOCAL ASSISTANC~, GRANT 060601 10, 000 00 0 00 10, 000 .00 , - ... '.. .. .u. n ,- - CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 054979 06/07/01' 10, 000 00 O. 00 10, 000 00 ,-, II " ." "11:' 'I f' . ,. I II. ,0 , . I I TO 27.7.0, .. :~~W~lJST ~(;;AR:S'ENqJ:1';~,.:~, Cl\;~Rg': ....,.----~~..... ..... '~~.J'~,~",,,,,, "....1,-.,.. :,"" ..",~" '",;'';' .1'. ....'*1.,1." ,j'/"' .,YL~Ff~S' Mffip~1;JM,..:;'lJ' ",,,,::' .:>\'. . ""< {,~~:~, ,.'!{;i~l~f~t:' ';'S:~f~:/:;g~':;,~;(' t~~j\, "\'. 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" ''-', " .' . ~ 'r Office of the Mayor Bob Young, Mayor Room 8Q6, Municipal Building 530 Greene Street, Augusta, GA 30911 (706) 821-1831 -r FAX (706) 821-1835 E-mail: mayoryourlg@co.richmond.ga.us May 14,2001 Honorable Jim Higdon, Commissioner Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329-2231 Dear Commissioner Higdon: Enclosed is the following Request for Final payments form for the following organizations: On~anization Grant Award No. Augusta Arsenal & 01-C-L-472 Carriage Works Museum National Legacy 01-CL-452 Foundations, Inc As always, we appreciate your continued assistance in the administration of Augusta"s grant awards. . i. I _'I_ I l .}< l' GEORGIA DEPARTMENT OF, COMMUNITY AFFAIRS 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 ~ECIPIENT:Augusta Arsena1 and Carriage Works LA GRANT AGREEMENT NUMBER: Ol-C-L-472 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: 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 wi~tl:1 the terms and conditions of the Agreement and that all the information stated herein is true and accurate. Authorized S. ature Bob Young, Date s- rf /0 I Name and Title OfficeofthePresident Phone: 706~737-1440 Fax:-706-667-4678 Augusta, Georgia 30904-2200 May 14,2001 M~:.Je,nC!). Bonner ~ .Clerk. <?f CoiTImission -Rq~1ll._8Q6 --~unicipal }3l!!ldil).g :.53i)(}r.~eri Street - . .,' --- , AUgUsta,'GA , Dear "Ms.. Bonner: I am requesting the remaining '$10,000 for the university's fiscal year 2001 Local Assistance qrant for-the Augusta Arsenal :and Carriage Works Museum. . We have spent or encumbered the $30,000 we received on: October 20,2000. Should you have any questions or need additional information, please feelfree to'calL . Sincerely, )(c..~ d~ Kathy Hamrick, Special Coordimltor for Academic and Master Planning ,_ '. Coo~dinator: Aug4sta Afs~.nal a~d ,,: Carriage WorksCMuseurtr~: . -:..:..Restoration a , ' , Excellence inteaching...advancement of knowledge...inrichment of the communiij: 1925: The Junior College of Augusta '1958: Augusta College . 1996: Augusta State University ,. J: ll1ein~er of the University System of Georgia , ~ " ') . )' 'r' Application fot 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 make grants to eligible recipients or qualified local governments, which granti are specified by amount. recipient, and purpose in an appropriation to the department" L R,:cipient identified by the General Assembly in Appropriations Act: Augusta/Richmond County 2. A,mount appropriated by Gene~al ~embly:, $40.000 3. pjupose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Contract for services with Augusta Arsenal and Carriage Works Museum 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. The 19th century Augusta Arsenal Guardhouse at the corner of' Walton Way and, Katherine Stn:~et will be restored to become a museum and cornerstohe for the DOT TEA funded architectural services, engineering, and extension worl<. Rerraining funds will be used for interior restoration. b; Please provide a budget for the proposed project. listing all revenues and expenditures. Local Assistance Grant Project Revenues $40,000 Project Expendi~ $40,000 Local Govt. Other Total $40,000 $40,000 c. Provide expected project st~t up and project completion dates: 9 30 _ 00 -- -L - ..2Q. - .-m.. ComputiD" D4te B~"";,,t Date .I. 5. Contact Information: Please provide the following contact information for the grant. Name: Kathy B. Hamrick Office of the President Address: Augusta State University City: Auqusta Til h 706-667-4775 e ep one: State: (,;.21. Zip:10Q04- ?JOO Facsimile: 706-667-4678 E-mail: khamrick@aug.edu Name: Address: City: State: Zip: Telephone: Facsimile: ' E-mail: 6. Certification I, the undersigned authorized representative of the local ,government described in this application, certify that to the best of m)' knowledge, the information in chis application is true and correct and the Local Assistance Grant subject to t' ppT' tio will be used for ,the. purposes outlined above. I further certify the local government described in thO ap , uisite pow and authority to expend funds for the purposeS set forth herein. 8/25/2000 J -?3- o::;J Date William A. Bloodworth, Jr. , Name (pluse print) President ]irk For additional information or assistance. please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. ' Georgia Department of CommunitY Affairs ' 60 Executive Park South, NE Atlanta:. GA 30329-2231 . www.dca.state.ga.us 6/00 , , GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS .' i' Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR October I I, 2000 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 309 I 1 Dear Mayor Young: Enclosed is a check in the amount of $54,000 representing the first payment under the following Local Assistance Grants: Grant No. 0 I -C-L-472 Grant No. 0 I-C-L-51] $30,000 ~,1gv:-/~ ~ . $24,000 s;c.A:6/~~t.iL J~~~..Q Also enclosed are copies of the executed contracts for your files and Local Assistance Grant R'eC]uest for Final Payment Form. This form must be completed and returned once you have completed your project and expended the full amount of the grant funds. Upon receipt of this form we will issue the final payment. Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January I,' 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. I am pleased that we were able to assist you with the funds provided. If you have"(111Y C]u~~tions', please call Amy Hill at (404) 679-3154. Sincerely, ~<N~_ Jim Higdon Commissioner JHjja Enclosures 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 ';' tt, ~ '" GEORGIA DEPARTMENT OF COMMUNITY ,AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR September 12,2000 Honorable Bob Young Mayor of Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: The attached contract when executed commits state funds in the amount of $40,000 to Augusta- Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contact. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning the two copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. The Department of Community Affairs is pleased to assist you and the General Assembly in the administration of this grant. If you have any questions. please feel free to call me or either Amy Hill at 404.679.3154 or Bobby Stevens at 404.679.4943. Sincerely, , ~don Commissioner <. JHJcm Enclosure cc: Richmond County Legislative Delegation 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 -.! 'i :" AUGUSTA-RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY A ITaRNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 82'1-2488 Fax No. (706) 722-5984 E-Mail:.Jwall@co.richmond.ga.us MEMORANDUM 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 Administrator WM. "WILLIE" H. MAYS. III Mayor Pro Tern To: Augusta Arsenal Fj'om: James B. Wall Date: July 26, 2000 The Attorney General issued a Memorandum to Jim Higdon, Commissionel: of Community A1Tairs, 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 ofservicl;lsand how the scope of services is in aid of a lawful activity whose benefit to the County is' sllbstantial. Please review the scope of services to insure it accurately sta.tes the purpose for which thl'? grant will be utilized. TIle second poncern was the constitlltional prohibition against paying funds to, or contracting ,with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably neeessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized Ollt of belief in God or other supernatural beings", which is a requirement for your organization being eligible for the, grant funds. .---- r have attached two copies of the contract, sll1ce we must provide one copy to DCA. The remaining coPy is for the City's ~ecords._ ., , Please execute both copies of the -c6ntra'ct'inorder that they nlay be returned tome. Further, if you should have any questions concerning either the scope of services or the certification, please call me. .q:; l . ~ " " GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS "i' Jim Higdon COl\ilMISSIONER Roy E. Barnes GOVERNOR July 12,2000 RECEIVED Honorable Bob Young, Mayor AugustaJRichmond County 530 Greene Street Augusta, Georgiaa 30911 I II ! I. 1 7 2000 Mavor's otrlce AUgusta-..:mctm1ond County Dear Mayor Young: I am pleased to advise you that $40,000 in Local Assistance Grant funds has been included in the Fiscal Year 2001 State Budget. A brief description of the purpose for the grant is included on the enclosed application form. To begin the paperwork necessary to receive this gr,ant, please complete in detail the attached application form and return it to my office. Once we have received and approved the application, we will forward a contract to you. . . We are delighted to assist you with your community de~elopment activities. If you have questions, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Thank you. . Sin:ereIY~ ~don Commissioner JH:bsa Enclosure ':\ ;, .- ;: "':~',' ^ . < EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. 0 Atlanta, Georgia '30329-2231 0 (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper '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 August 29,2000 Dr. William A. Bloodworth, President Augusta State University 2500 Walton Way Augusta, Georgia 30904-2200 Dear Dr. Bloodworth: Enclosed are two copies of a grant agreement between Augusta, Georgia and the Augusta Arsl~nal and Carriage Works Museum for your execution. Once you have executed the agreements, please return promptly to my attention. Should you have any questions or need any additional information, please feel free to call me at (706) 821-1820. Veq' truly yours dl& V~a J. B er, Clerk of Commission Enclosure: '. 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 10, 2000 Dr, William A.B100dworth, President Au:gusta State University 2500 Walton Way Augusta, Georgia 30904-2209 Dear Dr. Bloodworth; Enclosed is an application form from the Georgia Department of Community Affairs regarding the Local Assistance Grant from the Fiscal Year 2001 State Budget which was awarded to your ag(mcy through the efforts of our local Legislative Delegation for the Augusta Arsenal and Carriage Works Museum. Please complete the highlighted areas on the form and,execute the enclosed grant agreement between your agency and the city, which is needed to aid in the release of :funds and return promptly to my attention. Sh;:mld you have any questions or need any additional information, please feel free to call. nner, Clerk of Commission Enclosures: STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT \. ~ , 2000, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, THIS AGREEMENT, made and entered into this ~ day of ...:::kt /Yl:;.../ acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "Augusta"); and AUGUSTA STATE UNIVERSITY (hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of Co~nunity 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 detE~rmined renders a substantial benefit to its citizens, to wit: To assist with building repairs. 1 ~.. ~~ ~ "( Augusta has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: o Police and fire protection; o Garbage and solid waste collection and disposal; o Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; o Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; ~ Parks, recreational areas, programs, and facilities; o Storm water and sewage collection and disposal systems; o Development, storage, treatment, purification, and distribution of water; o Public housing; o Public transportation; ~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 60des; 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 ..;I'i ..~' , '. " 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 pro'lided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees tr, make no claim~' or demands, against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 50-14-1, et seq.) if the Organization recE~ives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law., Further the Organization acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). Organization shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. Organization certifies that it is a tax exempt entity under~ 3 ~~~I ~J " ')' ~(q) er 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 denomina tion 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 Supl~eme 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 i:he universe. The American Heritage Dictionary Second College Edition 1044 (19B2) . "The term 'church' is one of very comprehensive signification, and imports an organization ~or religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Insti tution" may have a similar meaning related to "or9anization," but may also' mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The Amel:ican 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 organized out of belief in God or other supernatural beings. 9. Organization certifies that Augusta has made inquiry of 4 .....~ ,~v 'C Orgi:mization as to whether it is "organized out of belief in God or other sup.~rnatural beings" and Organization hereby certifies to Augusta that it is not so l)rganized 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 jJrovision 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 reinlburse 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. \>.VJ~ AUGUSTA lllRLBHM..So'\A'"\\E \'\~IVt::a.~ll"'( AU UST ORG1\NIZ~TION . ,. ( BY:.~ ~ AI..~y: P,s its Presid-e-::t-. ~ As ATTEST: ~C~ 11'~,;,1 Title: '0.4.',> . ~ATTEST: Sworn to and subscribed befC~~is ~ day of ~.' ' 20~0. (Vrr.V'~~<'\A IJ-A.~ ~ry Public . v . ~ornrnis\ion Expires: Notnry' blic, Richmond COUlh.~, L....V.\:Jh.' My <<~mmission Expires on May ~8, 2002. ....,.~~....,"j......i'r-.~~-i ~...-F. ~,"'J. ",,:.[ -/ J<'F/. ,~ _,......... .. ....,~ ~ _I'.I'~ :$' :'\,1.. _~............. -_. ~ '?.... ~ ~I"...... y.~..~r" ~ ~ ~..: ... ';:\~I\ -...- "'~'1:' . ~ ".~~..~ ~- ~ /-,!~..,..- '.._.~ :::;: "'-;-: - := 7:. I~t~;-..". ..r.. .;. %;%-:.~--- '~=. - \ ~,.. :-j} ~ t-;r,.. -.............___.~_--_.. _. ~ ~ ~/: rl7"'t'~ ~ .~\ _.....:~." 1'1'1'1",.; ~) ~.? ,:~....""", -. Pi t'_~_.~""~I.~-;"" J . 5 !' 't 'i' (J :, Grant No. 01-C-L-4\?'2 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 11 tl1 day of September 2000, by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and Augusta/Richmond County, a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient"). WHEREAS. the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS. mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; and , WHEREAS. the Department is authorized by the provisions of a.C.G.A. 1350-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS. the Recipient warrants that it is a validly existing and in good standing under the laws (If 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 hereir;l 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 an implementation plan. $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. 'i' Granlt No. 01-C-L-4.72 Page 2 of 5 't.' 5. Conflicts of Interest. The Recipi~nt warrants and represents that all of the officials, agents and employees of the Recipient have not violated any applicable federal, state or local conflict of interest laws, ordinances, rules or regulations, including but not limited to, a.c.G.A. 1345-10-20 through 945-10-28 and a.c.G.A. 1336-67A(1) through 1336-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally, the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Legally 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. Monitoring and Auditing. Upon request, the Recipient agrees to provide the Department with any information, documents and/or photographs the Department deems necessary to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate books, records and accounts reflecting its administration of Agreement funds and compliance with all applicable laws. Such documentation shall be retained for at least three years from the completion of said project and shall be made available, to the Department upon request. The Recipient further agree:; that an accounting of these funds shall be included in the next regularly scheduled audit or financial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient acknowledges and agrees that any unresolved findings of the Department concerning expenditure of project funds. whether based on an audit report, financial statement, project completion report or independent investigation of the Department, shall preclude the Recipient from applying for or receiving any further grants or other funds from the Department, until such findings are resolved to the satisfaction of the Department. 8. Open MeetinJ!s. ,The Recipient certifies that in approving this Agreement, it has complied with all the open meeting requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated. - 9. No 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, uponflve business days written notice to the Recipient. If at the time of termination, any funds under this Agreement have not been disbursed to Recipient; said funds shall be retained by the Department. ; 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (iii) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal, state or local law, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. Grant: No. 01-C-L-472 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 tak.en from the public treasury, directly or indirectly, in: aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. I, Sec. 11, Par. VII. (b). TIle "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, withol;lt reference to such beliefs and practices. 1988 ap. Att'y Gen. Att'y Gen. No. U88-6. (e). 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 mayalso mean a "custom, practice,'relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second CollegeEdition 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 AJ!reement. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise, other than those expressly set forth J:'1erein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. [Executions on following page] ., , \ Grant No. 01-C-L-472 Page 4 of 5 IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the date first written above. ' FOR THE RECIPIENT Attachments: Exhibit A. "Scope of Services" .!' E. FOR THE DEPARTMENT OF CaMMUNI1Y AFFAIRS By: . ~. .. Grant No. 01-C-L-.472 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta/Richmond County to contract for services with Augusta Arsenal and Carriage Works Museum. . 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 improvemeilt of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. ' . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. , AWGUSTA'.~ICHMOND COUNTY COMMISSION ~ ' 040258 :', ',',:'<<V<<,"/i'Z\;'i'!li,DI,SCR1PTION,.n,Win'}?'??',Wf: {:","::}c}".'..' RANT .-'.' ,.. '.'..'... t,ap.Ol:NUMBER??':lNVOICE'NUMBER' 01CL472 "ii"'~'INVOICE"AMOUNTi:'@)')j:,: %-iM?&i.<rW::i::;{~"(:'? g;?!?)};',!: ';"iNET'AMOUNT' ?'M 30,000.00 0.00 30,000.00 ". ....J-.T..:,l,:... -.~. : : " ~. .~, p. CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 040258 10/20./00 30,000.00 0.00 30,000.00 II' 0 L. 0 2 5 B III I: 0 ~ I. I. 0 L j 7 5 I: b B j 0 I. L. 8 j g L. III 1:'~ .. ~ -. ~ -,--~ ';' " '-, .. Office of The Clerk of Commission lena J. Bonner, CMC Oerl< of Commission Nancy Morawski " Deputy Clerk Room 806 - Munidpal 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 Comlllission , , DATE: ' October' 16,2000 ' SUJfJJECT: Department of Community Affairs' Local Assistance Grant Awards -.. Enclosed are three (3) checks totaling $94,000 from the Depahment of CommUnity Affairs. Please issue Augusta-Richmond County checks to the following Local Assistance Grant recipients: ORGANIZA nON GRANT NUMBER. GRANT AMOUNT Hale House Foundation GEF-O I.-EOO 1-0034 - total $25.000 , ' 'payment ARC Clean & Beautiful GEF-01-EOOI-003-- total $5.000 '. . 'payment Communities In Schools : GEF-O I.-EOO 1-307 -total - $10,000 payment Southside Tutorial 01-C-L-511 $24.000 Augusta Arsenal OI-C-L-472 $30,000 Plea.se return all checks to the Clerk's Office'so that they can be forwarded to the appropriate Leg:islative Representative for distribution. ' Thank you for your continued assistance. Endosure: Checks . ...... Office of The Clerk of Commission Lena J; Bonner, CMC Oerk of Commission Nancy Morawski Deputy Clerk Room 806 - Munidpal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 October 20, 2000 , Ms; Kathy E. Hamrick , ' , Augl~staArsen81 and Carriage Works Museum , Offiee of the President Augusta State University 2500 Walton Way ~ugllsta, Georgia 30904-2200 Dear Kathy: " Enclosed is:a check in the amount of $30,000 representing 75 percen~ of your fiscal year 2001 Stat€;: Appropriations under the Georgia Department of Community Affairs Local Assistance , Grant Program for the Augusta Arsenal and Carriage Works Museum . ' Should you have any questions or need any additional iliformation, please feel free to call. , . Enclosure: " . ';. .. " . .(. "'" Stock # 5 6 7 41 2 ,.; '~. ,I:'ag,,: 00'1-:0F':001 :VendeorNo;', ',0000013727," "" ',~ VendcrN~,!,e; AUGUSTA-R'ICHMOND' '...;'.. .'" '): '.' .,:~~", -, , 'STATE OF GEORGIA ''')~~,Jt{~?MENT''',~TL::MT:~N ::y ':~~B!,N~ 1100 - 1000 AFFAIRS Check' No; Check Date;', Check Tolal; 0000042019 10/11/2000 $54,000.00 ~-.~:::, .~\':~'. .', ~ - ; .' '. ~,. ggggt!i1r;i1;[:' . "'~'..:. '.''.r''- 'l,f.~' ,...~~~,. _';'\.-- ",-"-;";-~:":4 "'~~i~~E';iti:;~.;; ; :~':_'...J .t . ., . ~':~~'-::;.-'S?>~<:';,~,:~-: \, . ., ...: :,,";~jPlf:b~~t:' . '>~);;A~::~~-'~;_:' ~.;. .. 30,000:00 . 24,000.00 _ AMOUNT PAID " '4tuj~OOO.OO '~~ 24,000.00 , , j-;cZ~@ INVOICE, '. NUMBER' , :;;:~t;:?:~t:;i~::f;; ':;:0 . r .,'" .,' r ". ~ _ . .., .', ,.", - . . ~.=- - _.~~-.--;.'- ~~?~.:~~~.:... '.~:;-::;,;;;;::~.":~~~-::? ~ .:'~:'~'~:i"~'~~:~;.:i~~( .~~-... :~. ~.:. ~m~mE;~Of,f,5,~ E~F,I~.I1:\'~;,'!';:;.,:f;,: UMENT~OI:.',COMMUNI,T.v"~A'.F;;FAIRS~-~: ' t.,' ." ~"::,,~I+: ..,~. ~';"~~~'::,~:...' '_".L. . _, h;.'~~' ~..;~) ;\S4':ir/61 0 a-:~;~i:~~} .' '.0000042019 ":,~~~~f!;:;~i~~~~:~g~;,13727 ' $54,000.00 , .r?!lO days ~Ai~ "''{-Ii' ,~""~"";"~"';:it!,r!;,~f~~"",,,~;,,,,,,,,,,,::,,,",,,,",,,, I II-IJOOOO It 20 . ~II- L ':0 b .0000 .01: O? 'O.? ... b 511- '.:' r j__..:a Application for Local Assistance Grant Local Assistance Grants are mad~ pursuant to O.c.G.A. ~50-8-8(a) which pro..n.des in pertinent part: "Th~ department shall mak~ grants to ~ligible r~cipients or qualified local governments, which grants are specifi~d by amount, recipient, and purpos~ in an appropriation to the department" 1. Recipient identified by the General Assembly in. Appropriations Act: -., "Au.g\istaJRlchmond COliiity '. 2. Amount appropriated by Gene~al Assembly: $40,000 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Contract for services with Augusta Arsenal and Carriage Works Museum 4. Information Required by the Departmen.t of Community Affairs for Award~ a. Please pro..n.de a derailed description of the project, loCation. rjrpe of work to be initiated. and for what purposes the funds . awarded through this grant would be used. Attach additional pages if necessary. ' The 19th century Augusta' .Arsenal Guardhouse at the co:rner of Walton Way and, Katherine Street will be restored to oecome a museum and co:rnerstohe for the DOT TEA funded archi tectural services, engiheering, and extension wor!<. Rem:lining funds will be used for interior restoration. b: Please pro..n.de a budget for the proposed project, listing all revenues and expenditures~, Local Assistance Grant Pr!l ject Reven.ues '$40,000 Project ExpenditureS $40,000 Local Govt. Other Total , $40,000 $40,000 c. Provide expected project. stan: up 'and p~oject completion dates: 9 _ ' -1Q. - .QSL B~nnin! Dau 2.-- 30-~ Complerion Dale . J./ I l" 5. Contacr Informarion: Please provide me following contact information for the gram. Name: Kathv B. H?~r;~~ Address: Office of L~e President Augusta State University Ciry: Auqusta Tcl h 706-667-4775 e ep one: Srare: r,.lI. Zip: 1nqnd ?/nn Facsimile: 706-667-4678 E-mail: khamrick@aug.edu Name: },ddress: Ciry: Stare: Zip: Telephone: Facsimile: E-mail: 6. Certification I, me undersigned aumorized represemacive oEme locilgovernmem described in misapplication, cenify mar ro me besr of my knowledge, me information in chis application is true and correct and me Local Assistance Granr subject, to ppI" tio will be used forme purposes outlined aho';"e. I furmer cenify me loCal government described in th. ap uisite pow and aumoriry to ~pend funds for the purposes set forth herein. ' tA." 8/25/2000 J -?3- CO D;zt~ William A. Bloodworth, Jr. NIZ~ (p/uu~ print) President 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 Execucive Park South, NE Atlanta. GA 30329-2231 www.dCl..5tate.ga..us 6/00 I.- . " '1 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 October 20, 2000 . .+ ,__._ _._. _.._.____~________.._....:..___._ . ~ .______________ _~._._~_~__~.;...___.~__, .________._*_.__ .__ _..... __._.,. . _.___.+ __~__,___ _._ ___~.C-.________.____.___ Ms. Kathy E. Hamrick Augusta Arsenal and Carriage Works ~useum Office of the President Augusta State University 2500 Walton Way Augusta, Georgia 30904-2200 " Dear Kathy: - , , Enclos~.d is a check in the amount of $30,000 representing 75 percent of your fiscal year 2001 I ,'- '. Sta.te Appropriations under the Georgia Department of Community Affairs Local Assistance Grimt Program for the Augusta Arsenal and Carriage Works Museum ;" Should you have any questions or need any additional information, please feel free to call. . 1 . . Ve:p'truly our. ~. Lena J. B nner Cle:rk of Commission Enclosure: _..'~.'" .. J . I' STATE OF GEORGIA RICHIVIOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of ~ /Yl:;..../ 2000, between AUGUSTA, GEORGIA, a, political subdivision of the State of Georgia, acti:n.g by and through the Augusta-Richmond County Commission, (hereinafter - . - - -refe:(re-a--foas-"Augusta" r;-ariCl-AUGUSTA--S'l'ATE--UN1:vERStTY{hereTnafter-ieferred -to- - ' as the "Organization"); W 1: ~ N ES SET H: WHEREAS, the Orgariiza~ion 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 Orga::1.ization 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 I the sum of" $40 1000.00 (the "Funds") I to be paid to Organization upon execution of thi~ 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 dete:rmined renders a substantial benefit to its citizens, to wit: To assist with buiJ.l:linq repairs. 1 Augusta has the power. to perform' such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized' by one or more of the following powers set forth in said Constitution or by general law including but not. limited to the following: o Police and fire protection; ------I5---'C;'arbage'.-and solid wa-;t~- colle~ti~n ;n-d-di~-posa17----- -- --- o Public,h~althfacilities and'services" including hospitals,- ,ambulance and emergency rescue services, and, animal control; o Street and 'road construction and maitit~nance, 'including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by cduntiei and ~unicipalities oi any combination thereof; .~' Parks, recreational areas, programs, and facilities; o Storm water ,and sewage collection and disposal systems; o Development, storage, treatment, purification, and d\str~bution of water; o Public housing; u Public tran~portation; ~Li'brar{es, archives, and, arts and sciences programs and facili ties; o Terminal and dock facilities and parking facilities; o Codes; inc-luding building,' housing, plumbing, and electrical codes; or o Aii quality control 3. Organization'fuither agrees to expend the Funds for the said purposes a~d to,account for such Funds in a~cordance with generally accepted acco~hting principles. 2 4. The Organization shall, hold harmless and indemnify Augusta, its officers, elected officials, agents, employees, and representa ti ves, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage tlaim~ for injury to persons or property. The Organization expressly __ .._____a C.~}Q.W..:l~.Qgg,:L tha.t.,_,Qy__ap-p~_o p r_i9.1:,i I1g..J:.b,~_F_uI)ds.,. outl i n ed._ i n_th i s_Agr.eeme nt,,_Augus.t a___,_____, has not assumed or undertaken any legal duties as to the Organization or others. _ The Organ'ization agre~s, to make no, clai.ms or' der:tands ' agaihst.Z\ugusta , its officers, elected officials, agents, employees and/?r 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 recor.ds 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 maybe required to comply with the Open Meetings Law.. Further the Organ~zation 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.). Org~mizat-ion shall cooperate. fully in responding to such request and making all records, not e~empt, available for inspection and copying as provided by law. 7. Organiz~tion certifies that it is a, tax exempt entity under~ 3 ~~; 3: 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 T:"No money shall ever be taken from the public __ __---..treasuf..Y.:/_ct:\.,r5!GtJY.: _QL _:h!1_dJ_f_~c.tly':,_j".!l._.?i~ of _any-_c;:,l:}_1,!rcb./-2..~_<;;..:t,_C;:.\JLt,~_~~_ re ligl,2Y_s,____ denomination or of, any sectarian institution." This "Sectarian Aid" clause prohibits the performanc~ of a public 'function through a contract foiservices by a religious organization, even if the program is conducted neutrally, without reference to such beliefs, and practices. [The \oJords of this prohibition have their ordinary meanings. InBen~ett v. City of LaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, ~s the dictionary puts it, belief in the supernatural as creator and governor of t:he universe. The American Heritage Dictionary Second College Edition 1044 (19t:2) . "The term I church I is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153'Ga. at 433. "Sect", "cult" -and "denomination" also relate to a "distinct orgcLnization," with "a common system', of faith," "holding sentiments or doctrines" which 'distinguish it. "Institution" may have a similar meaning related to "or~!anization," but may also mean a "custom, practice, relationship, or behavioral pattern of importanc.e in the life of a community or society." The Amel:ican Heritage Dictionary Second College Edition 666 (1982). In other words thergrant recipients may not contract for services with any ent-ity organized out of belief in ,God or other supe'rnatural beings. I t is 'a "comprehens i ve sigriification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. Organization certifies that Augusta has made inquiry of 4 " . ~ '\ Orgcmiiation as to whether it is "organized out of belief in God or other supE!rnatural beings" and Organization hereby certifies to Augusta that it is not so (lrganized and that it is nota 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 illdemnification provision set forth, in paragraph 4 hereof, Organizati9n 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 teason, and Organization shall refund or reimburse ,to Augusta any monies., paid pursuant to this Agreement. IN WITNESS WHEREOF, the undersigned have cause~ these presents to be executed by their properpfficers and hereunto set their hands and affixed their seals, the day and year first above written. ~ \iJ'<r AUGUSTA AR::EtJilrL S,. A, \,; \AIV I V t:,G- ~ t ,''( ORG1~NIZATI'JN ' ., '7 ~ .//0 _:<A By: )tJ2l.t~~ t2f:7c<.,~(/1J Jk~r- l~s its p.~s idl!...;f- . ATTEST: ~C~ :;ritl_e: ,.... '0;,.. . 11 AU ~ By: V ,I l' .!11;,~ 'ATTEST: Sworn to and subscribed bef(~~iS .LJ-'!4 day of ~. ' 20~O. fJ rr,v ~ (J --\A ' ,}.....(~ ~iry Public . v ' ~JCommission Expires: ~~ \ ~ l de Of). :..-_ I , >'~~"\ :: '\ \'\."-~'I "'J, ".. . ., ~ ." ........ ~ . , , ;':'~Y'l(\:.:rn7'n;'~'2'~i;:"': ~... :.... --, '5 Grant No. Ol-C:L-4172 STATE~ OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPART~NT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT ent~red into this 11th day of September 2000, by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") - - -- and_Augusta! Richmond-County,--a-political,su bdiv.ision-of-.the-State- of- Georgia-(hereinafteF Teferred-t0~- ---- as the ,"Recipient"). wHEREAS; the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS. mutual coop~ration and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; and WHEREAS. the Department is authorized by the provisions of a.c.G.A. 1350-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS. the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend funds for the purpos~s s~t 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 :::olely 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 Ajp-eement and to account for said funds in accordance with generally accepted accounting pIinciples. Any funds not expended for-, the purposes provided herem shall be returned to the Department. no later than completion of the project. 3:, Disbursement of Funds. Subject to the availability d 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 an implementation plan. $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. Ol-C;L-472 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials. agent~; and employees of the Recipient have not violated any applicable federal, state or local conflict of interest laws. ordinances, rules or regt.ilations: including but not limited to, a.C.G.A. 845-10-20 through 845-10-28 and a.C.G.A, 836-67AOt through 836-67A(4) and that the aforementioned parties shall continuously comply \vith the same throughout the term of this Agreement. Additionally, the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Legallv Bindii:l!! 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 ~_-_-confo:r:mance -with-all-a pp licable-laws-to-make- this-Agreemen t-and-actions- hereunder--valid;-enforceable----- -- and legally binding acts of the Recipient. 7. 'MonitorinJ! and AuditinJ!. 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 b'e 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 Recipienfand any' future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient aclmowledges 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 Departmen t. ; 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 AJ!ency 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 R~:cipient is not an agent or repre~entative 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 Aweement have not been disbursed -to Recipient. said funds shall be retained by the Department. I : 11." Satisfaction. In the event the Department deterirunes, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in atimely 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 shaII be required to return to the Department all funds disbursed under this Agreement, upon request. '" . ;'. I Grant No. 01-C~L-4V2 Page 3 of 5 . . , 12. Sectarian Aid. (a). One of the. constraints imposed by the Georgia Constitution on the implementation of grants through pIivate parties is the prohibition against sectaIian 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 sectaIian institution." Ga. Const., Art. 1, Sec. II. Par. V1I. (b). 111e "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City oj LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to condu,ct welfare program). This is true even if the program is conducted _._-~ neutFally,-withou trefeFence-to- such-.beliefs"and" practices:- "1988-0p ;--Atfy-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 di"ctionary puts it, belief ill. 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 impOlts all 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,;.' "holdiDg sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization." but way ?-Iso mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The AmeIican HeIitage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. ' . (d). Without limiting any other provision of this ,grant agreement. it is the responsibility of the Grant Recipientto comply with this prohibition and to conduct such factual inquiIies 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 th~ submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Mreement. This Agreement constitutes the entire agreement an10ng and between the parties. There are no representations, oral or otherwise, other than those expressly set forth herein. No an1endmeht or modification (If thi~ Agreement shall be binding unless both parties have agreed to said modification in writing. [Executions on following page] ;'. \' Grant No. 01-G:L-472 Page 4 of 5 IN WlTNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written ~~. . FOR THE RECIPIENT FOR THE DEPARTMENT OF COMMUNITY AFFAIRS Attachments: Exhibit A, ~Scope of Services" II' . () Grant No. Ol-C-,L-472 Page 5 of 5 EXHffiIT A The Loca,l Assistance Grant shall be used by Augusta/Richmond County to contract for services with Augusta Arsenal and Carriage Works Museum. . . 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 nan1ed 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_improy.emenLoLa_facility,_Gran t. Recipient_musLim p_os.e_thaL___..__ . use as a condition in the contract for services. The services must provide the Grant R~:cipient with a substantial henefit. . . . .' . . . . . To illustrate; suppose the appropIiatlon is for a grant for renovating the facility of an . hi;storical 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 . st:3.ted 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 Recipi~nt to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. I. r, i'\\ GEORGIA DEPARTMENT OF COMIVIUNITY AFFAIRS Jim Higdon COiVlivlISSIONER Roy E. Barnes GOVERNOR September 12,2000 Honorable Bob- Young Mayor of Augusta-Richmond County ...___________~~ Greene S!!:~_~________~____~__ __~~___ ___ _._... __.,. ._._. Augusta, Georgia 30911 Dear Mayor Young: The attached contract when executed commits state funds in the amount of $40,000 to Augusta- . Richmond County. i must call your attention to two 'provisions in this contract that based on advice from the Attorney General deserve your careful attention. . The first deals with Sectarian, Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian lnstitution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grimts to private entities and is covered in Exhibit A of this contact. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after 'reviewing the agreement, you wish to proceed please execute it by signing and returning the two copies to me. I will then sign-for the Department and return a copy to you along with a check representing the first payment. The Department of Community Affairs is pleased to assist you and the General Assembly in the administration ofthis 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. Sincerely, I < .r>, \ ./ \ ' ,.I \, iv1 CN---- '--Xv/1~~J- ' .. 6im Higdon ,-, - Commissioner JffJcm Enclosure cc: Richmond County Legislative pelegation .. <' eaUAL HOUSING ~ OPPORTUNlrr L.:J 60 Executive Park South. N.E.' Atlanta, Georgia 30329-2131' (404) 679-4940 www.dca.state.ga.us All Equal Opporwllirv Employer @ Recycled Paper I, If, ~t~o !<7:~~~'f2\ i~;"';~ "J~i~1i \ ~" ~ ;:,l II \".:zy ",,;l' GEORGIA DEPARTMENT OF COrvllVIUNITY AFFAIRS Jim Higdon COi\'lMISSIONER Roy E. Barnes GOVERNOR October II, 2000 Honorable Bob Young, Mayor ..., _ ___~,._,~__ Al~g!l:na-_Ri~_h_~<?_nd C9.!lD..tY~__~~~~_~~~________~__,._. 5jO Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: . Enclosed is a check in the amount of $54,000 representing the first payment under the following Local Assistance Grants: ' , Grant No. OI-C-L-472 Grant No. 01-C-L-511 /L ~/ 6'1. 0 $30,000 rr:.1C:yW~._ ~-t.-:1<.~, ._ $24.000 ~.~A..,.ud..<l Jz-t~~/...(., Also enclosed are copies of the executed contracts for your files and Local Assistance Grant Request for Fipal Payment FOrI?' This form must be completed and returned once you have completed your project and expended the full amount of the grant funds. Upon receipt of this form we will issue the final payment.' . Please also be aware that as the rec.ipient of a Local Assistance Grant, you are now required under a new law e"ffective January I" 1999 to provide certain disclosure information to the Stare Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory retum of the funds to the State. If you have any questions about these reporting requirements, please c~ntact Edward Blaha, Deputy Director, Department of Audits :md Accounts at (404) 651-5115. I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Amy Hill at (404) 679-3154; Sincerely, ~cN~_ Jim Higdon Commissioner JfUja Enclosures EQUAL HOUSINI. ~ OPPORTUNITY ~. 60 Executive Park South, N,E. . Atlanta. Georgia 30329-2231 . (404) fii9-4940 '.v,ww.dca.s ta te. sa.us A/1 E'Il/(/1 Oppurtlllliry Emplover @ Rencl~" Paper .i ',i .J' ,,~.. · AUGDSTA-RlC.HNIOND COUNTY COwIlVIISSION Bon YOUNG ;VIayor JA1Y1ES B. WALL CITY A TTORJ.'ffiY . 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 ULl\ffiR BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM ANDY CHEEK RICHARD L. COLCLOUGH WILLI.-\.J'v[ B. KUHLKE, JR. STEPHEN E. SHEPARD MARION WILLIAMS CHARLES R. OLIVER, P E, CPA Administrator WM. "WILLIE" H. MAYS, III Mayur Pro Tern lVIEMORAi\TD UN! To: Augusta Arsenal From: 'JamesB. 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 whosebetiefit 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. Tl1e second concern was the constihltional prohibition against paying funds to, or contracting with, a sectarian entity. We have been required to conduct "such factual inquiries as may be reasonably necessary to enforce" the sectarian aid prohibition. Accordingly, I have included a certification that your organization is not "organized out cif belief in God or other supernahlral beings", which is a requirement for your organization being eligible for the grant funds. I have attached two c?Ries 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 rehlrned to me. Further, if you should have any questions concerning ~ither the scope of services or the certification, please call me. ,6 . " c- " -. ~., ~.. ~,' -# GEORGIA DEPARTMENT OF COlVIlVIUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 12,2000 'R- ~r\l=l\J~D 3 Lv ",-,J ~ ,t- .- _____~--'--_-.----------~--------2-~....:----,-,--~__ -.----inr-r7"-2000'--------. ._,__. . Honorable Bob Young, Mayor . ' ..1. 4 Augusta/Richmond County 530 Greene.Street August~, Georgiaa 30911 . r~'12.:(~:(,~...::'~:(:S:--,,,,,~,, A~,(1'I,-A'=-: "~"'~'~~'l._l(.,t'" I 'l~~t.rV u!.~~:::s{);.;.~~\~:.J!!I.."""...~ ~.,.-~ ..../ D~ar Mayor Young: I am pleased to advise you that $40,000 in Local Assistance Grant funds has been induded in the Fiscal Year 2001 S tate~ Budget. A .brief description of the purpose for the grant is induded on the enclosed application form. To begin the paperwork necessary to receive this . grant, please complete in detail the attached application form and 'return it to my office. Once we ha:,re received and approved the application, we will forward a contract to you. We are delighted to assist you with your community development activities. If you have qu'estions, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Thank you.. S incere1 y, I 4'~ tJ~L~ '. !{lTl Higdon Commissioner JH: bsa Em::losure EQUAL HOUSING ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 . (404) 679-4940 www.dca.state.ga.us All Equal Opportunity Employer @ R~cyc/~d Paper . i" r- "~~ _ ~~~.~ s'~~: ~.:. \ ' ; ~~~~..t:: } ,''''''''r.",JI'II,d ~...'ijli., / ~~,.:-.-=_:~~;.4-: ~~~ ;~Wvt,"""l""'lM.:ll.,.... Office of The Clerk of Commission Lena J. Bonner, CMC Oerk of Commission , Nancy Morawski Deputy Cierk , Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706)821-1820 - FAX (706) 821-1838 Au~ust2 9,20DO'.________,__.~__~--, '.. Dr. William A. Bloodworth, President Augusta State University 2500 Walton Way Augusta, Georgia 30904-2200 Dear Dr. Bloodworth: I;:ncl.osed are two copies of a grant agreement between Augusta, Georgia and the Augusta Arsenal and Carriage Works Museum for yoUr execution. Once you' have executed the agreements, please return promptly to my attention. Should you have any questions or need any additional information, please feel free to call me at (706) 821-1820. . Very truly yours,/ ~'~ , ~ enCl J. B nner, Clerk of Commission Enclosure: ----~ ..:" .,.. . : Office of The Clerk of Commission Lena J. Bonner, CMC Clerk or Commission Nancy. Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 . (706) 821-1820 - FAX (706) 821-1838 August 10, 2000 Dr. 'William A. Bloodworth, President' . . AU12usta State University ~ .- 2500. Walton Way Augusta, Georgia 30904-2200. Dear Dr. Bloodworth: EncJ.osed is an application form from, the Georgia Department of Community Affairs regarding the Local Assistance Grant from the Fiscal Year 2001 State Budget which was awarded to your agency through the efforts of our local" Legislative Delegation for the Augusta Arsenal and Carriage Works MuseUm. Please compiete the highlighted areas on the form and execute the enclosed.grant agreement between your agency and the city, which is needed to aid in the release of frmds and return promptly to: my attention. Should you have any questions or need any additional information, ph~ase feel free to call. Enclosures: ,: / Lf6 S-- \. GEORGIA DEPARTMENT OF RECEIVED AUG.;J Q 1999 COMMUNITY AFFAIR Jim Higdon COMMISSIONER August 27, 1999 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Deai' Mayor Young: The attached contract when executed commits state funds 111 the amount of $15,000 for the operation of Hope House for Women. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. Th_e 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 ~:arefully 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 i:, pkas~d to assi:;t the General Assembly and Augusta- Richmond County in the administration of this grcmt. If you have any questions, please feel free to call me or either Amy Thompson at 404.679.31 S4 or Bobby Stevens at 404.679.4943. Q:~ Jim Higdon Commissioner JH/ja Enclosure cc: Richmond County Legislative Delegation ~ b(-A-~\e~4+- d;.,**",,~..-t- 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 " f ~ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR March 10,2000 Ms. Elizabeth Jones i Executive Director Hope House for Women Post Office Box 3597 Augusta, Georgia 30914 Dear Ms. Jones: Augusta-Richmond County was awarded $15,000 in the FY 2000 Appropriations Act for "Operation of Hope House for Women in Richmond County." Due to an error in our offices, the contract with Augusta-RichmondCounty reflected a grant amount of $25,000, thus an overpayment of $7,500 occulTed in the first payment. As Lena Bonner and I have discussed, the best method for handling this situation is for you to issue a check payable to Augusta-Richmond County, since we contract 'specifically with the local government, and they wiJI in turn issue a check toDC~. We . are terribly sorry for any inconvenience this may have caused. If you have any questions, please do not hesitate to contact me at 404-679-3154. ~~relJi - (j Am;4r V Special Assistant ~: . cc: Lena Bonner, Clerk of commissiOl/ EQUAL HOUSING .~ OPPORTUNITY L.:J 60 Executive Park South, N.E. . Atlanta, Georgia 3()329-2231 . (404) 679-4940 www.dca.statc.ga.us :III E'I/I(/I Oppurt/lllirv El/Il'lu\"(',. @ Rel.Tcll'd P;lpe,. AUGUS.4A~-RICHMOND COUNTY COMMISSION '.-; 026244 """:"":,"i':'n,:";,,~'q:'[)ESCRIPTION;&;:"',,i:,",:, }::_f;:~~X;::::}-:;"(;:-X;8;:::::;:~:::::::: , . "':".P.O!NUMBER. :{: INVOI ~"NUMBER':'::: :::.:;,....~.:. I ::::::'~~<<:.'~.>;: .: ....,......:.:.:::.:~.;;..;,~~." ::;-:::::,~,::.;::;:::::;:-:,; NET;'AMOUNP:;:,::'":,, REFU~ OVERPAYMENT HOPE HOU SE 0 3 0 6 0 0 7 I 5 0 0 . 0 0 0 . 0 0 7 I 5 0 0 0 0 .. , CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 02 6 244 03 / 1 0 / 0 0 7 I 5 0 0 0 0 0 . 0 0 7 I 5 0 0 0 0 . !!II! ~..~ ",!~I! !~!.. _! !!~"'"!I!"'I!;';! '! ~ !.~ ~:~~~.~~! .J.... 'J: !~!~!.. :~:~ "! .~ '"! :! "! ~!!!' _~! ~ !~!:!~~... "!~! ~ :!:~ '/"1 :_ "!! :~...:~:--..'.1!.~ ~ "! :! :',!.~:! .~ :!~~... ~!~!~~:!~ "! :',!....' ~ _.~~! ~.__.~~! ~"'!~:! ...!~ ~ ~,~_ !~~~!! ~:,.!!",.!_.!.. ~~ = ~_~ ~~ =!.'_ . .:;~JiI~~,i~~,~~~!,~~l~"'" _, . :,r~~ !j:l%i~\I;;~,!;!~-l1~~:ll;~_> " ",~;;:I';i':jil!*.!\:Slii.... l!i)~':I"':~<"} -, ". I ''.;/~AUGUS1~A~RICHMOND, COUNTY. ,. ',.1." , .:'>~~i:~SQtl!MIS~!9N:",j!:lfll~" .,)"~"i'i:' OM~10l;tACCOUNTlNG:DEPARTMENT'::";:'~'C ' !i30;GREENE.STREEt,';;:,"':~f ' .. ," !"',;.ri; qUST~;<;GEORGIA:~W' : ,';'" ~HONih70s) 821-23341;'i:t ,. .,;~,~~r~.;F...-.-,: ,':: .~I";n'.',:~I'~' . _ "il -- ,,'.: _ . ," ,- ti~r~';*" ",:..:". ".,jl'"i"'~.'" ";r~11'~'I~:~\~1" .t:'~':\ .::';';":>"<< . '~~~"- .,-:-~~k.~~. --==-:.,.~ ~~# -=:-~.. ~"}')"~.;{"'",,, .,~'. " . ,iJ~'.. , 64-137. 611 %\@Thi?I1r1&1'AMOt:JNJi1)Qtil,@s1W:.i; ". " ,; :'~" .';,;'" "~" :",..." ' . ,," . ',',:.'" ," ~',i','~' .~'* *:$',7 scro '/00 ." I:) .'; ,,1/, ",,:" 1'/:", ,:,1"." ,- .~ .,--;-" ,;.:. "",...'. -:-, _ _ ,_ . _._/', : :_T1,;=~-:t:. ~~. .-,".., .-' ";' . , ,," . " .; :'; .-- '-"~:"'h'" . "',, .- "',*1.*:'** *~-i21', *;-tt'$T** ** *.* * * *i* * * *:,*'*.* ***',*: * * *,i'$a: , 500ANDNOCENTS' ,,~"I~ ~;,.,.j>", ".;'.'., ,.",~ ;{', ':I:;:';;'~;:I':': ':';:'il' ,:' ,,:. ... . )~.~~:~':. . .,;,.."..... '<~'I:';~ .' .;", , " .~:,,;: VOID AFTER 90 DAYS .' 10679 .~., .: E,;ST~"GADEPT:"'!"COMM'AFFAIRS::~,;i/"<' ~~:6},Q~~XEeur;I:VE, PARK} $. I~~',,"" "_'-",~_, . .' .-1 ',I ',1.;1':,....., . ",,'1 .yA':DLANTA''::GA3.032'9''.' "~iS~.a.~>" '. I~~!l;,<'~~.:,::r' . '. ~" .:'~ 'c :?~,'/"" :,;,... ':~:':~' lf~:a'~ IlYtr'~~'~t ~. C,,<...I, .' 'f" _ . - ,:i;'(~rttT Cf~PrROC~ ;.,,: ," . ,. REGIONS BANK OF GEORGIA '" AUGUSTA, GEORGIA I,: II' 0 2 b 2 ~ ~ II' .: 0 b . .0 . 3 ? 51: b a 30 . L. a 3l:i ~ II' , l' 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 lV1EMORANDUM TO: Ms. Donna Williams, Deputy Comptroller' ]l'ROM: Lena J. Bonner, Clerk of Commission DATE: March 6, 2000 SUBJECT: Hope House for Women Enclosed is a check in.the amount of $7,500 representing overpayment of a Georgia Department of Community Affairs' Local Assistance Grant award to Hope House for Women. Please issue an Augusta-Richmond County check payable to DCA in the amount of the overpayment. . Should you have any questions or need any additional information, please feel free to call. Please return the check to the Clerk's office for distribution. Enclosure: " - '.. .- ~...~.;.. .[ 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. February 25, 2000 M.s. Elizabeth Jones, Executive Director . Hope'House for Women P.O. Box 3597 Augusta, Georgia 30914 Dear Elizabeth: Just a follow-up to our telephone conversation on Wednesday regarding the overpayment of your '99 Local Assistance Grant from the Department of Affairs in the sum of $7,500. DCA has requested a refund check in this amount be sent to them. Please issue a check payable to Augusta-Richmond County since technically the grant is in the name of ARC and we'll in turn issue a check to the Georgia Department of Community Affairs. Ms. Amy Hill from DCA will be forwarding us a revised contract and grant agreement to reflect the correct grant award. We apologize for any inconvenience this error may have caused you. Enclosed for your information are 'copies of correspondence we received regarding this grant award. Should you have any questions or need any' additional information, please feel free to call. . .b \12?Jo C;"- ;;-r .. Cc: Ms. Amy Hl11, Georgia Department of Community Affairs w/encIosures , .' , <, " z W :E 0... ~ ::'z ,.... ;;:I>:J ~ a::O~(') Um OU~~ U.~XCl WClO<e" ZCO... Cl)i=OU> ;:)~[l.:J 00: Cl W :J ::c l5 ~ W a.. o ::c W ~ o . .~ ::::. ~llft ~ :c~ a :;c~ ~ u. o<<S{'~ o (l)a3"~ WO:~ ~~~ IW >:1-0 <(00: (",~ 0..1-0' '-J J 0: o U. ~ '" (D M (D M o!i <ii~ iJa t~ a: III [~1. Gl l~l I\'-' L.J Y7 !~ ~ tI li ! ~ri5 dl tEl (/) 0: :5 ...J .0 o ~ !! "'.. I.. ~ ,. ~ 'ill.... i -: [--~,' '1 I F4X Transmission Office of The Clerk Of Commission ... ... ..l. Augusta-Richmond County, Georgia 530 Greene Street Augusta, Georgia, 30911 Office Phone (706) 821-1820 FAX (706) 821-1838 Date: .~II~ / . Time Sent: Special Instructions: Pages (Including Cover): a T~!L4: ~) Il\.,S (Name of Individual) FAX Number 0<255- Organization: (Name of Company) . ...-............ .. ......... - -.... -.' .-........... .. ... .. :::;.r~i~~;:i (Name of Individual) ........-........ ............... '... ..........,................... ....,....,....-........ ...:-..........,............... :::-:: ::::: :~:'::: :::"';: :.': ,....... ..... ............ -,.........-.. .................. . .. .... .... ........... .... ...-.....,............ ...._..............-............'.............. .......................,.. ......... ................. ... ............. .... ..~~:~:~~~;;~::~;:~:t:jg~~: (Name of Department) Message: ...... ....",...... ...-..... ,....... . .. ...,...... .. ... ... .... .".............. .. .. .................. ....... ........ ...... ... ...... ..... ........'. ..... ...... ...... ........:::: ... ... .....:~~:/~~\;;~\~;i:;:::;~;:i:::;:::~:::::::: ::{/:\} ...... .. ..... .. .. ...;.:::-:.:.;~:~;:;:;.~:;~;;;:::;;;~;::~:::::::::::;:;:;:::;:t~:t:~:~r} ..... ........... :-:-...-: .' ....: .:;:;:.:::::::::::':;:;.:: :.:.:.:.: ..,.' k~ 1!FTl€t. M 11<M ~~utr\lef;. Note: Please notify the person sending this fax if for any reason you cannot read or do not receive all of the pages included with this fax. You can contact the person who sent this fax at the number indicated above. Thank You! GEORGIA DEPARTMENT OF COMMUNITY AFFAIR RECEIVED AUf;.J ftJ 1999 .: Jim Higdon COMMISSIONER August 27, 1999 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: The' attached contract when executed commits state funds 10 the amount of $15,000 for the operation of Hope House for Women. I must call your attention to two provisions in this contract that based on advice from the Attorney Gemeral 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 retuming 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 404.6793154 or Bobby Stevens at 404,679.4943, d=e~ Jim Higdon Commissioner JH,/ja Enclosure cc: Richmond County Legislative Delegation JJf.f . A1A~ -, " 11~~tt(;+:,..- 1+1 ~. j<J'f ,. u. 11 t' .. ~ !~..t,~ ~4j".i\~'.'~~..-t'n t)tt;l\\..Ot\o~ - /) P ~\ . ";, ,.. "',!l't.I~.~,;} ~ ,,~., ,. , , . J " U JI' t.,7"T'" ; W9;"'~ ..0, " 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 ." GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMiVlISSIONER Roy E. Barnes GOVERNOR March 10,2000 Ms. Elizabeth Jones Executive Director Hope House for Women Post Office Box 3597 Augusta, Georgia 30914 Dear Ms. Jones: Augusta-Richmond County was awarded $15,000 in the FY 2000 Appropriations Act for "Operation of Hope House for Women in Richmond County." Due to an error in OLlr offices, the contract with Augusta-Richmond County reflected a grant amount of $25,000, thus an overpayment of $7,500 occurred in the first payment. As Lena Bonner and I have discussed, the best method for handling this situation is for you to issue a check payable to Augusta-Richmond County, since we contract specifically with the local government, and they will in turn issue a check to DCA. We .are terribly sorry for any inconvenience this may have caused. If you have any questions, please do not hesitate to contact me at 404-679-3154. Y!i..... incerel~7 -() .' ! . 'I . (.,0 . AmyGt I . Special Assistant cc: Lena Bonner, Clerk of COmrnissio/ eaUAL HOUSING l~ OPPORTUNITY L.:.J 60 Executive Park South. N.E. · Atlanta, Georgia 30329-2231. (404) 679-4940 .www.dca.state.ga.us :\1/ Elll/al Ol'{io1'lllllil." EIII/l/ol'{'/" @ Reeve/,.t1 Pal'''1" .' AUGUST~~-RICHMOND COUNTY COMMIS~ION 026244 ... [IESCRIPTlON . ... .. .. '::.P.O;.NUMBERJ ~;" INVOICC:NUMBER"i,.:, :iINVOlClrAMOUNT'r:,',',,":" :.;'~ '.~.:.:':..': :.:.:~'.~~i ::;~::::.':;::~t::'.:.~: :tr{:::;;:::;.::.: ',.'..L:.' NErAMOUNT .-::::;:~::.:~..-' :':~~":' ;;~~:~:.:~;: ...;':.,~" ;-::;::-;:~f. - , .".' ~::.t::j:;;:: .......:-..:...:.;...~:$.~: ... .. REFUNI2 OVERPAYMENT HOPE HOC SE 0 3 0 6 0 0 7 , 5 0 0 . 0 0 0 0 0 7 I 5 0 0 . 0 0 . .' " " .. : CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 02 6 2 44 0 3 / 1 0 / 0 0 7 , 5 0 0 . 0 01 0 . 0 0 7 , 5 0 0 0 0 _ _ _ ," _. _ >... . ._. _ n,I:":'1::1_~.'I:I~'.I:lh"'IIII"lhlll::l~I.:""''''''I''UI:,6'.~:,fllll;l:f:H~:it1nllmll.::I~I~II:I~'i)t:m.:l'l:.1::1:I:II:I~:h"':"'H"I::I:IM":I:t=II::INIIII: h'1=~'.I.:r\'I"I1:r".,wl'h"':I:f'l...nrlall"":I:l'1111l""" .".,:I:1",11Jo1 ~;:';J:1~,"6Glj~hrAt~lc:A'~'()'N~,~icoiJ:NPi-' .':: :,~?i:':~$:;~~\:-;,:;< :',.:: ,''''. "'~:':::\:':"':' ....:,I!G:):,:',~,.:',\:;}.'~(:r:j,~:.~f:i'~.:. . :'~~;;::.: ,::~-'; ~::;"c' 'COMMISSION' . .... . ,", ,'>~\,;\:;' .:~~;~''.:;,:..,o: 611 ...c.... ..C.~*ii"i.. .............. .~. ..~_. ";J,;;,.., ~*~~!... \::':#i/~'fr;*'**f'" ,,:;::,.,;,!~*~'If:~,~~*;~*:*'- - ':'~**'*'***'~****'**'***"*'****'$7' SOOANDNOCENTS ". " "I" ~ ,:f.,.~~, ~~~~.:t R,~,~...::;.,'~.:.~::.C...._.:.h.;....,~.~.'.~.'~.'~,':.... ~ ., - ..... " ',,,, . ;:}"":'" f. . ,,. "I . . ;i~?:C~~~"" " '.~>:,:.;' '.' 1 ",..': i::<~" ;t;&~ ..". VOID A FTER ,90 DAYS' I '~.06'7'9, ,. ~ '5S:T,:f,GA DEPT:^COMM AFFAIRS, ~~~~~t3~.~,S NE. . .~::/J" .,.. ,,;j'~'.: Ji:r. W~"~~ ", "\ .. ;. :":'. i. REGIONS BANK OF GEORGIA AUGUSTA, GEORGIA III 0 2 b 2...... III I: 0 b }, ~ 0 ~ j ? 5 I: b a j 0 ~ ... a j t1 ... III 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 IVIEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller' FROM: Lena J. Bonner, Clerk of Commission DATE: March 6, 2000 SUBJECT: Hope House for Women Enclosed is a check in the amount of $7,500 representing overpayment of a Georgia Department of Community Affairs' Local Assist~ce Grant award to Hope House for Women. Please issue an Augusta-Richmond County check payable to DCA in the amount of the overpayment. Should you have any questions or need any additional information, please feel free to call. P lease return the check to' the Clerk's office "for distribution. Enclosure: I. "' Office of The Clerk of Commission . Lena J:Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk February 25, 2000 M:3. Elizabeth Jones, Executive Director Hope House for Women. P.O. Box 3597 Augusta, Georgia 30914 Dear Elizabeth: Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820.- FAX"(706) 821-1838.' Jw;t a follow-up to our telephone conversation on Wednesday regarding the overpayment of your '99 Local Assistance Grant from the Department of Affairs in the sum of $7,500. DCA has requested a refund check in this amount be sent to them. Please issue a check payable to Augusta.;.Richmond County since technically the grant is in the name of ARC and we'll in turn issue a check to the Georgia Department of Community Affairs. Ms. Amy Hill from DCA will be. forwarding us a revised contract and grant agreement to reflect the correct grant award. We apologize for any inconvenience this error may have caused you. . Enclosed. for your information are 'copies of correspondence we received regarding this grant . I '. award. Should you have any questions or need any additional information, please feel free to call. . .. Very truly yours, .' .b \lJ2 ()o V./f. . C;Gr' Cc:: Ms. Amy Hill, Georgia Department of Community Affairs w/enclosures (D (") (D T"i z w :oJ 01- ~ :::..Z ~ ;;> :J c> a:Or--g 08~<( u,,<(xC) WClO..( ZlIll- (/)i=O(J) ;:) <( ll. :J OCC Cl W :J ::t: g, <( W ~ o ::t: ]~ .F~ ~I~ . ~ : ~t..C '~ ~ ~~ .t..C o . . . - .~ ~ II'~ :sc~ ~ u.' o~t~ w~ cn~~ ~ :r:w ~ ~:;; >- I- 0 """- <(Oa: r.~ a. I- O' \,J J a: o u. w !;( o I~.'-"'._'-~ !Ql I ()' i" ; i i I rl.' t '-J! l\~: i-\l 0; '''-' i \ -j i ; L..n! f;f7 ! o~ lOt;; ill x ",0 ~~ II: III .~ ~ ~li 'i~ w · o a tEl fJ) a: 5 ..J o ,0 '-:) ~ 1111.... ; < I' . ~~-, - -. t~ . I F~:Traitsmission Office of The . Clerk Of Commission . ~ AU9.usta-Richmond County, .Georgia 530 Greene Street Augusta, Georgia, 30911 Office Phone (706) 821-1820 FPV<(706) 821-1838 Date: ,-:Sll'-- I '. Time Sent: Special Instructions: Pages (Including Cover): a T~rf~. ~J I\lS , (Name of Individual) FAX Number C:<25.5- Organization: (N.ame of Company) . il.!g@Th}li~!~!!~=;~~=i ... (Name of Individual) ....-.... ........ . . . . . ' . . . .. .. ..... - . . . " , .............."...... .. ...,..............,.................. . n. .... _... _... .... "........ . ,..,. ....... .................. .. ..... ".- ..................,.... ... :::~:~::~::::~:::~~~::::~:t~Jg~~):. (Name of Department) . ...-....... . ................ .." . . . . . . . . . . . . . . . . , . . . . . .......-.............. ...... ...,...,....'.........'.'............... ,,'-p' .. ::::;: ::::::::;::::::::::::~:::~:~:(::::::::~~:~~{ ~::~::~::::::::::~. ~.:;.:::::;:; ::;.; .;.;...... .:. :.;.:.:::-:: . . .:: ::::~:::::'::::':':':' ::::;:::::::;:::.:;:::;:;:: '. -.-. . - ..........-.- .... ..... .',' ..........................-.-.. .. ............'.........,.............. ........,..'........,........'..... ... ..... ....... ..................... .. - . -... ... ....... .............._-... .... ............... ................ . Message: b~ LY:rr€tM l1~~~fta~. .. Note: Please notify the person sending this fax if for any reason you cannot read or do not receive all of the pages included with this fax.' You 'can contact the person who sent thisJax at the number indicated .. above. Thank You! r 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 February 25, 2000 Ms. Elizabeth Jones, Executive Director Hope House for Women P.O. Box 3597 Augusta, Georgia 30914 Dear Elizabeth: . . , , Just a follow-up to our telephone conversation on Wednesday regarding the overpayment of your '99 Local Assistance Grant from the Department of Affairs in the sum of $7,500. DCA has, . r1equested a refund check in this amount be sent to them. Please issue a check payable to Augusta-Richmond County since technically the grant is in the name of ARC and we'll in turn issue a check to the Georgia Department of Community Affairs. Ms. Amy Hill from DCA will be forwarding us a revised contract and grant agreement to reflect the correct grant award. We apologize for any inconvenience this error may have caused you. Enclosed for your information are copies of correspondence we received regarding this grant award. Should you have .any questions or need any additional information, please feel free to call. Very truly yours, 1 ~//" ;If.tl/l./ i) ~u!A/' v.' { Lena J. Bo er Clerk of Commission Cc: Ms. Amy Hill, Georgia Department of Community Affairs w/enclosures . GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR January 4, 2000 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear~g: Enclosed are the first payment in. the amount of $18,750 and a copy of the executed contract under Local Assistance Grant #00-C-L-405 to Augusta-Richmond County. Also enclosed is a Local Assistance Grant Request for Final Payment Form. This form must be completed and returned once you have completed your project and expended the full amount of the grant funds. Upon receipt of this form we will issue the final payment. Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January], 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5] 15. I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Amy Hill at (404) 679-3154. JH/ja Enclosures EQUAL HOUSIN~; ~ 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 ., .'J AlJGUST~,-RICHMOND COUNTY COMMISSION 023356 .i 'C '" ,': CIESCRIPTlON,'" .. ,I ... P.O,.NUMBER INVOICE NUMBER' '. INVOICE AMOUNT ' ' . NET AMOUNT 3RANT .- f 010600 18, 750.00 0 .00 18,750 .00 ; , I I 1 , 1 , \ , : I - -,- -- -- -- - - -I _. -, - ,- -.. - -- -- .- - -- -- - - .- - - .- - .- - - , I I 1 I 1 I , i , CHECK NUMBER CHECK DATE I TOTAL INVOICES DISC TOTAL CHECK TOTAL 023356 .,, 01/28/00 I 18,750.00 0.00 18,750.00 I ~j .J ., ., ,j ) ;1 ~j .', :.\ J :;.! ." ;:1 0.;1 'n U '1 .., ~.~ .,'. ,.. ......: . I,.. . '... ,...~ ~~1 1110 2 ] ] 5 b III I: 0 b l. l.D ~ ] 7 5 I: b a ] 0 l. L. a j 11 L. III ".--- ~~L:~;'. . ..",.. '.-.. ~.' , . '.Uf.s~ ~ : . ~-_~-t~,_,-'-I I,' &IZ~ , Office of The Clerk Of CommIssion p.,ugust2-Richmand CaUnLjr Georgia &:j-I"'\ G.- - - ~:._--~ "" I.J -I:::~ n l:: '-,,~:::-::: ~ po . G '. -CCo... ... : I~' IC::7:: -,:.......r~\:::: ...; : I .___~......._.' __... __ _. "'- .... I I - . -' C,,: - -',..... -.- 1--.--' ---.. .4---~ 'III C - '- ,c,., - . ,. I ,"'" \ ... " ,.. ," , I , __ I II ~.__ \.1 _~, __. 1--- r- \ '/ ,'--.-' -_... ... --- ~'--"~\I'~C) =~\-.'':''':C OaL:=: '71ma s=~:: Sge'.::ai :n~~C::C:1S: ~'!t;~~:.~r:c::..:~tr:~ .:",:'/~r:: I Cn;ani=::cn: '~ ' ' 70: ," ,.' , ' . . ;:,\'--~ ... ...,.... ..- · i ,,,..... c..,\ ~.~~ \j~m=e1!1 ~9g~6 4.-,' ~"/ . ,.' v , " , . '=---m' " ", ~,.., ",,,__,i .._11,,", . ~ --. .' I . _ .-..-.,-".--.. , ' ~.:"Ja~e :f . i"':=:'/IC~ . .. ~~!ar:-:a ..:.f ':=C3r:::7':~::"':.: . . ~,........~..._ ....<:' .-.... : :-.. -r:' ~_"'-I ,-, ,~':" .-:1__"':,- .:..-, -:c .-,i"~ -:J,_':::~'ie ~Ii ..~ :"lcta: :=~e3-sa --:c::r.' :~e .:=:-!~:i 3t;;, ._.H~ :111_ "Q^ .1 ......, :J '-f -~~SC;i -feu - - -~ - - -- .... ~lie ::a<;e::;;'r.c::";::2-: m,:-:.'.:-::.s ,':;;~. '~:t..; :::~ :::~::;c: ::':: ::!"":c;-; ','Ir::: 32~: ~:'::s ';;;~::;: '.~e ,t.:;':=~!' '~C:C::!2-: at::"Je. Tlar:<~ .~:~~ Messa~~: ;: . ':1 , I ',1,}" ", ,,'" " , ;!. ' '.', . ..,. . I . , December 2, 1999 ) , i' , t . :. ,r'. '. ..' J' , ., . :.'" - I. :, " ::The' Honorable Jim Higdo~;Commissioner .' :; Ge,9rgia Department of Community Affail:s.' . 60 Executive Park SOlith,NE..... . " .... ..' I. Atlanta, Georgia . ~0329-2i31.. . !" ", ,'. . ~. - ,r, ' i,'Dear Comlll~ssiortbr Higdo,n:. . . .i .' , '. " ' " " . .' ~ . u' .;' Enclosed is the,ex~cuted DCA Agreerpentfor Hope House for .Women along with a copy 'of the Grant Agreeme!lt between the, grimt recipient and the City of Augusta and the .. .'. Re:questfor Final~aymemfrol~: .~outheastern Firefighters Burn Foundation. ," '1. .. . . :-. Thank you .f.ocy04r contiriue4 assistance'inthe administration of Augusta's grant awards. : 1\' -. . ", (:. Very' truly yours, . . . . ',' -I '1.., _ i " I: . . '.: Bo~ Young, Mayor.. ; Augusta, Georgia: . . .' !' - - '. - ," ! " , I. .. EnClosure: . " ;. :,-, ..' .; " ., .1 . . I. 'I ~ i I, i' I. , '. . i -'" ' ',:l" OFFICE OF THE CLERK OF COA1MlSSION Lena J. Bonner, Cl\1C Clerk of Commission January 3], 2000 Nancy Morawski Deputy Clerk Ms. Carrie Garrett, Director .Hope House for Women ,828 Milledge Road B-3 Augusta, Georgia 30904 I Dear Ms. Garrett: : The enclosed grarit award you are receving today through the efforts of the Augusta- Richmond County. Legislative Delegation represents 75 percent of your grant award. Once you have completed your project and expended the full amount of the grant funds, . please notify me in writing that you have completed your project so that a request for ,final payment can: be submitted. Upon receipt of your letter, a Request for Final 'Payment Form will be submitted on your behalf to the Department of Community Affairs. Please know that this RFP form is a certification that you have fulfilled the :,scope of the work as outlined in your grant agreement. r ,Should you have any questions or need any additional information, please feel free to ("> " /~~ Lena 1. Bonner : .Clerk of Commission Enclosure: Check 530 Greene 'Street. Augusta. Georgia 30911 . (706) 821-1820 . Fax (7()(i) H21-1838 !.' . fl.- .. ~ . " IJ ." . .. . . . ...~iri\ilIJi~~~~~Y;T;f?)lt~~~illi1~t~i:f~)~J~if~~' {~;;!:~;: :~:~'b~~~i,.l;~:,,:~t~I,:;"{;:;N~:~~~~~~;~~ ~~,?~" , .Check.Total;," ...... .$:t,a.:,.75.O.00,': . - ~... . .... .' \" .\ I II~'OOOOO :\ L. L. 20118 1:0 b .0000 bOI: O? 0.7 L. b 5118 -.:....;..;.~~~.;L:;.;,;:-;~~..;:..;:;.._'=-~;;. ...:-.:.-cc.......::::. _.'~ I "7 " Grant No. OO-C-L-405 \ STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 24th day of Febmary 2000. by and between the Department of Community Nfairs of the State of Georgia (hereinafter referred to as the "Department") and Richmond County, a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient"). WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; and WHEREAS, the Department is authorized by the provisions of a.C.G.A. 950-8-8 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 tIte- laws of the State of Georgia and has all requisite power and authoIity to enter into this Agreement and expend funds for the purposes set forth herein; NOW, THEREFORE, in consideration of the mutual covenants and warranties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. the parties agree and covenant as follows: 1. Scope of Project. The Department shall' upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts. an amount not to exceed $15,000 to be used solely for the purposes specified in the attached Exhibit A. which is incorporated herein by reference and made a part of the Agreement. :. 2. Accountabilitv. The Recipient agrees to expend said funds solely in conformance with this Agreement and to account for said funds in accordance with generally accepted accounting principles. Any funds not expended for the purposes provided herein shall be returned to the Depa~:ment. no later than completion of ~e project. ! 3. Disbursement of Funds, Subject to the availClbility of funds for such purpose. the Department shall pay the Recipient in accordance with the following payment schedule: $11.250 Within ten days of the Department's receipt of the executed Agreement. $3,750 Upon .receipt by the Department of written certification of project completion 'in accordance with this Agreement. $15.000 Total Disbursement .4. Applicable Dates. The effective date of this Agreement is specified on page one. j. Grant No, OO-C-L-405 .. STAT]~ OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS : TIDS AGREEMENT entered into this 25th day of August 1999, by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and Richmond County, a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient") . . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, mutual cooperation. and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; .and WHEREAS, the Department is authorized by the provisions of a.c.G.A. ~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 covenarit 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 $25,000 to be used solely for the purposes specified in the attached Exhibit A, which is incorporated herein by reference and made a part of the Agreement. 2. Accountabilitv. The Recipient agrees to expend said funds solely in conformance with this Agreement and to account for said funds in accordance with generally accepted accounting principles. Any funds not expended for the purposes provided herein shall be retumed to the Department. no later than completion of the project. 3. Disbursement of Funds. Subject to the availability of funds for such purpose, the Oepar1:ment shall pay the Recipient in accordance with the following payment schedule: $18,750 Within ten days of the Department's receipt of the executed Agreement. $6,250 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $25,000 Total Disbursement 4. Applicable Dates, The effective date of this Agreement is specified on page one. Grant No. OO-C-L-405 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 S45-1O-28 and O.C.G.A. S36-67A(1) through S36-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally, the Recipient attests that all officials of the Recipient have certified the same. 6. . Enforceable and Legally Binding Act. The Recipient certifies that it is duly organized, validly' existing and in good standing undeI' 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 responsib1l1ties 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. Monitoring and Auditing. Upon request, the Recipient agrees to provide the Department with any information, documents and/or photographs the Department deems necessary to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate books, records and accounts reflecting its administration of Agreement funds and compliance with all applicable laws. Such documentation shall be retained for at least three years from the completion of said project and' shall be made available to the Department upon request. The Recipient further agrees that an accounting of these funds shall be included in the next regularly scheduled audit or financial statement of the Recipient and any future audits' or financial statements until all expenditures of Agreement fun<;ls have beeri 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 Depar1ment. 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 Al!ency 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 Departrrient. The Recipient shall be solely responsible for performing any and all obligations under this Agreement. 10. Termination. The Department may terminate this Agreement, with or without cause, upon five business days written notice to the Recipient. If at the time of termination. any funds under this Agreement have not been disbursed to Recipient, said funds shall be retained by the Department. 11. Satisfaction, In the event the Department determines, in its sole discretion, that the Recipient: (1) has failed to comply with the terms of this Agreement in a timely manner; (ti) 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 (tv) has violated any federal, state or local law, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. Grant No. OO-C-L-405 Page 3 of 5 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through prtvate 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 religiou~ denomination or of any sectarian institution." Ga. Const., Art. I, Sec. II, Par. VII. (hI. Th.e "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 beli~fs and practices. .1988 Op. Att'yGen; 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 Herttage 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 patten1. of importance in the life of a community or society." The Amertcan Herttage 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 signifkation." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement, This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise, other than those expressly set forth herein.. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. [Executions on following page] J' ; . Grant: No. OO-C-L-405 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: ~u ~ Mayor Attachments: Exhibit A, "Scope of Services" FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS By: don. Commissioner ..~ .,' 1:- -, Grant: No. OO-C-L-405 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Richmond County for operation of Hope House for Women in Richmond County. . If the preceding statement of purpose designates a private program or entity for aocompl1shing its purpose. the purpose must be accomplished through a contract for SeJMCeS by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility. Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. ~ ~- ./'r , -.::, , .";j STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this -42- day of :;;:;; Ltj , 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 HOPE HOUSE FOR WOMEN (hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of Co~nunity Affairs and to Augusta a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, Augusta deems the services to be provided by the Organization as essential and necessary for the citizens of Augusta and acknowledges that the Organization can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR. AND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: .1. Augusta agrees to appropriate to the Organization, and the Organization accepts, the sum of $15,000.00 (the "Funds"), to be paid to Organization upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the Organization agrees to perform the following services, which Augusta has determined renders a substantial benefit to its citizens, to wit: To provide non- proj:it residentia1 treatment for women with the disease of addiction. 1 ~~z , Augusta has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: o Police and fire protection; o ~ Garbage and solid waste collection and disposal; 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; o Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; o Codes, including building, housing, plumbing, and electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. 2 '\1'".," : 4. The Organization shall hold harmless and indemnify Augusta, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 50-14-1, et seq.) if the Organization receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). Organization shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. Organization certifies that it is a tax exempt entity under ~ 3 " 501 (c) of the Internal Revenue Code. 8. Organization acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of LaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of 1:he universe. The American Heritage Dictionary Second College Edition 1044 (19B2) . "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 corrunon system of faith," "holding sentiments or doctrines" which distinguish it. "Insti tution" may have a similar meaning related to "or9anization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a corrununity or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. Organization certifies that Augusta has made inquiry of 4 " . . , . " Org.anization as to whether it is "organized out of belief in God or other supl:!rnatural beings" and Organization hereby certifies to Augusta that it is not so l:>rganized 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 reirrrburse 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. HOPE HOUSE FOR WOMEN AUGUSTA, GEORGIA B '. ~tfJ. As 1ts ATTEST: ATTEST: Title: Sworn to and subscribed bejoxem;,' t;h~s LL day of ~'!-~N_ ,'."'::' , 1999. ~.{jjz ~ .~ {2v, , Notar"~PClblic My <::0~is.s:ton Expires: -;-:.. . ~ i" ~. "'oM ,er,Z "_~ ~RY PU8lJOJ~jC!,tuONf) COUN1V My<;g0MMI~~,EXPIRES 4.10.01 . '1":7- ~~"'i.' "J",...~ "'1 ~:::.f'oq 5 'i ..- o' Application for Local Assistance Grant Local Assistance Grants are made pursuanc to O.C.G.A. ~50-8-8(a) which provides in pertinent parr: "The department shall make grants to eligible recipients or qualified focal governments, which grants are specified by amount, recipient, and purpose in an appropriation to the department" 1. Rec:?ienr identified by the General Assembly in Appropriations Act: R.ichmond County 2. Amount appropriated by General Assembly: $15,000 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Operation of Hope House for Women in Richmond County '\ 4. Infol::nation Required by the Department of Community Affairs for Award: , a. PJ::iSe provide a detailed description of the project, location, type of work ;:0 be initiated.. and for what purposes ch~ funds : awarded chr9,!lgh chis grant would be used. Attach additional pages if necessary. .. . 1 ;' . I ...w.s0 ~~ . . ; b. P[~e provide a budget for che proposed project. listing all revenues and c:xpenditures. Project Revenues' Project Expenditures i Local Assistance Grant ~:ct>'"j Q~~ \ Local Gove. Ocher Total c. Provide expected project start up and project completion dates: 0-1- - QL- ~ . B<~nning Oat< &-M-$ Compluion Dale . . , 5. Address: Ci ty: Scace: ~ZiP: "5 DC]D~ T'0;~ - /(j~0 18f1 ,5~Z E'm~1 N=" ~171 iLf)~ M~ , i ~_~ Address: ~ Lt J.)\. '"b~ \~ ~ ' Ci'Y' ~~~l = . 5,,,,,, 'lJ<\ , Zip "'5OC/t? i-L Telephone J 1 '.0" i) tj FacsimildlfJ ID \ t c i 01- 'blJ'1 E-mail: . 6. Certification I. ch dersigned authorized represencacive of the local governmenc described in chis applicacion, certify that co the b to my owledge, the informacion in chis applicacion is true and correct and the Local Assistance Grant subject o Ii cio II be used fo the purposes outlined above. I further certify the local government described in I eRuisic power and authority co expend funds for me purposes set forth herein. jF :L-~-ri Dau For addicional informacion or assistance, ple:lSc concact Amy Thompson at (404) 679-3154 or Bobby Stevens at (404) 679-4943. 5/99 5. Address: CrT State: ~ZiD: /r50 18!t"F):l8Z E-m,,[ ~~ , DC]D~ . T'0~~ . Name: J) J CCf') f'f:J Address:~ U)~~ZJ~~\~~i, Cicc C\ ~ ~ \\ ~. . s,,,,, 1\ <\ ' Tele?hone{; 1 ~. " ' r; tj Fac.similef'jlj ~ 'd c I ~ 1- <6l(~ '1 E-mail: Zio: 'SOC/ () J.-f 6. Certification 1. ::h dersigned auchorized :eprese:1c:;.rive of che loal gove~:unem desc~ibed in mis a??lic:;,tion. c::~(iiY ell,at ':0 me b t 0 my owledge, the iniormacion in <:his ap?liotion is c.rue and correct and the Local Assist..nc:: Grant subject oa Ii tio II be used fa . ::he purposes oudinedabove. r furcher certify me local governmem described in 1 equisit ?owe~ and J.uthoricy eo e:t?end funds for the purposes see forth he~:in. II f ( J~ ) '-= C!r~"--' lrre~t Nam. (puau rc;; . . . (~- rrD~e7C.: . ~ " 1\~rLm ~ - D~~TC ~-~-TI Dau For additional information or assistance, ple:LSe comact Amy Thompson ar (404) 679-3154 or Bobby Stevens at (404) 679-4943. 5/99 Application for Local Assistance Grant Local Assistanc: Grants are made pursuant to O.c.G.A. ~50-3-3(a) which provides in pe:-rinenr part: . "The department shall make t;rants to t!figible recipients or qualified local governments, which grants are specified by amount, recipient, and purpose in an appropriation to the department" 1. RC::::?lent ldemined by the General Assembly in Appropriations Ac:: Richmond County 2. Amount appropriared by Ge:1eral Assembly: $15,000 3. Pur::ose of the Local Assisrmc: Gr..nr as specified by me Ge:1eral Assembly in me Appropri:;.cions .\c:: Operation of Hope House for Women in Richmond County ~ 4. Infor.:1ation Required by to'le Departmenr or Communi..! Affairs for Aw-..:d: . a.. P!::se provide:l derailed desc:iption or me project, location. type of work ,0 be:niciared, and for what purposes me funds awarded through ;:his grant would be used. Attach additional pages If necessary. ~0 Cd-~~ . b. P~=e provide :l buagl'.:t :or ;:he proposed project. listing all re'le:1ues and expenditures. Project Revenues Project Expenditures Local :\ssistance Grant ';:j C ~ ",; o::B:r~~:~_~\ \ Local GoV!. Other Tow c. Provide expected projec: start up and project completion dares: 01 -u--3.j &-3..1--$ aeginning Dau Completion Dau '. -~ APPLICATION FOR LOCAL ASSISTANCE GRANT A. SUMMARY OF PROJECT: There is a critical need for non-profit residential treatment for women with the disease of addiction in the CSRA. Hope House for women is the only facility in this area. The need for this service is greater now than when Hope House for women was founded in 1992. Today, the a'rerage length of stay for detox and treatment in local hospitals is 3.5 days, whereas in 1992, the average length of stay was 28 days. There is a lack of post-detoxification programs for women recovering from this disease, and relapse from outpatient programs is high. Orgaruzation: Address: Hope House for women P.O. Box 3597, Augusta, Georgia 30914 T,~lephone: (706) 737-9820 Fax: (706) 737-9830 Person to .be Contacted for further information: Carrie Garrett, Co-Founder, Executive Board Member and Program Coordinator 828 Milledge Road #B3 Augusta, Georgia 30904 Phone: (706) 733-3375 B. ORGANIZATION BACKGROpND: A brief description of your organization including current programs and recent accomplishments. Hope House for women is a transitional 'recovery residence for women suffering from the disease of chemical dependency. Initially, the idea was the dream of a group of committed health professionals who worked directly with women in detoxification units at local hospitals and who noticed the lack of post-detoxification programs or facilities to help women in recovery. This group realized that although detoxification was necessary, more was needed forthese women. Hope House finally became a reality in May of 1992. The two founders, one from the initial group, and another in recovery, still remain active in its operation today. Hope House for women currently provides the following programs: 1. Counseling, both group and one-an-one with certified addiction counselors . (one with specific expertise in women's issues) focusing on the needs of the addicted woman. 2. Relapse Prevention and education (projected expansion to former residents). .' 3. Fitness and wellness - a physical training program to enhance the body and mind to promote self-esteem and self-confidence. 4. Health care services - Prescription medicines, drug screening, medical and dental care. 5. Life skills training (personal finance, etiquette, job search, resumes, etc.). 6. Food/shelter/transportation. c. PROPOSAL DESCRIPTION. An explanation of your project's purpose, implementation methods and timetable, and anticipated outcomes, How are the populations which you serve involved in program planning? The purpose of Hope House for women is to provide a safe, supervised, transitional recovery residence for women suffering from the disease of chemical dependency. The focus is on a comprehensive long-term treatment plan that emphasizes individualized counseling, addiction therapy, relapse prevention, fitness and wellness and the principles of the 12-step program of PJcoholics/Narcotics Anonymous. It is a therapeutic residence with a loving, structured, slllpportive environment which has helped more than 170 women change their behavior and their lives. It is open to any female over the age of 18 who has been detoxed, has no significant medical problems (excluding chemical dependence), and has an honest desire to remain clean and sober. The women commit to at least six months at the residence and have stayed up to twenty- two months. It is important that tl).e early focus of these women be on recovery and behavioral change, as opposed to work. It is impossible to treat a five to twenty year progressive disease on a short- term basis unless full-time attention is given to a treatment regimen. We help these women change their behavior, then help them learn how to live and cope with life on life's terms without mood-altering substances. The specific objective is on lifestyle change. Hope House helps women recover physically, mentally, spiritually and emotionally from the disease of addiction. This approach enables women to return to society as productive citizens and functional family members. When the thinking c:hanges, the behavior changes, and .ultimately, the life changes. , Many of these women are homeless and must form a basic foundation for recovery and other issues that concern addiction before returning to their families and work. We are requesting funds to specifically support and expand our existing wellness program. Our current program includes: 1. Counseling, both group and one-an-one with certified addiction counselors (one with specific expertise in women's issues) focusing on the needs of the addicted woman. 2. Relapse Prevention and education (projected expansion to former residents). 3. Fitness and wellness - a physical training program to enhance the body and .. " mind to promote self-esteem and self-confidence. 4. Health care services - Prescription medicines, drug screening, medical and dental care. 5. Life skills training ( personal finance, etiquette, job search, resumes, etc.). Eventually, Hope House for women would like to expand to a facility that would house at least 16 women and also to have another residence for women with their children. U, EV ALUA TION: Describe the results you expect to achieve by the end of the funding p,eriod. How will you obtain client feedback on service delivery satisfaction? Hope House for women is evaluated both internally and externally. An internal tracking program assesses the effectiveness of the program and follows a resident's progress after discharge for a period of one year. Also, residents complete an evaluation form upon discharge, to evaluate whether their needs were met and where Hope House can improve the program/services. V'le receive Federal and State funding from the Federal Emergency Management Agency, the Augusta Richmond County Housing & Neighborhood Development Department (CDBG) and State Housing Trust for the Homeless. Any state or federal funding received is evaluated by the organization from which funding is received. We have had on-site visits recently by the Department of Human Resources and the State Board of Pardons and Paroles. Both agencies gave us favorable reviews as a recovery residence. :11 ....' IHOPE HOUSEREVENUES 11999 BUDGET I 1999 BUDGE'.'j'" , i . , I ! I IGrants I I , I i ; ! , IFEMp..Grant I I 4,300 Personnel & Frinae Benefits ! I , I I :Continuum of Care - Van I I 30,301 Administrator i i 8,000 : i !Continuum of Care - Van Driver i i 14,560 House Manager I ! 20,000 . ! iContinuuum of Care - MH Counseling I 5,000 Van Drivers i ; 18,910 : lContinuum of Care -Fitness and Wellness I 5,0001 Americorp worker I I 1,600 : IContinuum of Care - CD Group Counselinq I. 5,000 I I i (Augusta -Richmond Ctv Housing and I Fringe Benefits i 5,400 i i Neiqhborhood Development , TOTAL ! , 53,910; I CDBG - One-on One Counselinq I 5,000 I , CDBG - Van Transpotation & Mileaqe I 2,000 Audit & Bookeeping . i 5,000; , CDBG - Fitness Instruction I I 12,000 I I , I i CDBG - Health Care I 7,000 I I I I Substance Abuse Treatment I I !Dept. of COlTlm Affairs - State Housinq i 4,600 I ! i I i Shelter Operations I I Counselinq (Individual) I i 16,000 ! IDept.of Comm. Affairs - Senate Appropriations I 10,000 Relapse Prevention I ! 5,200; i iPrivate Foundations I HIV Counselinq ! I 1,200 : : I !Clinton Anderson - Wellness Proqram 10,000 * Group Counselinq ! ! 5,200 : ICreel Foundation - Counseling I 10,000 * Fitness & Wellness i i 12,000 ; IRockwood Trust - Recovery Enhancing I 2,000 * I j I I Activities TOTAL I I 39,600 : ! jLaDonna Lamb Memorial Fund I 3,000 I I i !Church of the, Good Shepherd I I Legal Fees ! 6,0001 I Extended Ministries Commission I 2,500 I 1 I Ilndividual Contributions I 18,000 I i i IUser Rental Fees I I 10,000 I Health Care I I i I !Italian Dinner - tickets/donations 9,000 estimated j i i1talian Dinner - auction I 3,000 estimated Physician Fees i i 2,000: IChristmas ma.ilout I 9;000 estimated Drug Screening i I 1,000 ! i Ilnterest Income I 4,500 estimated Dental Hyqiene I I 6,000i I I Prescriotion Fees I 1,500 i Iln-Kind Donations I 18,000 I I I ! I TOTAL I 10,500 I I I i ~ I I ! Shelter Operations I I i -.:--~-;---_._~ I I I i I I Food I I 10,000 I I i i I Utilities - Shelter I i 4,5001 I I Utilities - Client 3,0001 I Rent (office) i 1,800 I I I I Transoortation (mileaqe) I ". 2,0001 i ! I Van reoairs , i 500! i i Van (new) i 30,000 : Communications (ohone/fax/etc) I 4,500; I ! I Supplies/Equioment I 5,700 i i I . Insurance I I 4,3001 , I I Maintenance I 5,000! I I Recovery Enhancinq Activities I 4,0001 I I I Trackinq 1 I 1,000 I I I Miscellaneous I I 7,0001 I I i I \ I I ---1- I I I I I , , I i I 1 I I i i I I I i I I , I I I ! ! ! ! i i I I TOTAL OPERATING EXPENSES I 216,310 ' . I 'TOTAL REVENUES I I 203,7611 ITOTAL REVENUES , 203,761 : , IHOPE HOUSE EXPENSES ITOTAL Iln-Kind Donations 83,300 I i 18,000 i INET (12,549) .' , H~IH~ ~~ P. O. B()x 3597 Augusta, Georgia 30914 July 15, 1999 Ms. Lena 1. Bonner Clerk of Commission's Office Room 806 Municipal Building 530 Greene Street Augusta, Georgia 30911 Dear Ms. Bonner: Enclosed is the application form ami the contract between Hope House and the city. If you have any questions or needany additional information, please feel free to call. Sincerely, LO-.l~'- ,~~u...- Carrie Garrett, Director Hope House for women (706) 737-9820 ,,".' .... '~'. . STATE OF GEORGIA GRANT CERTIFICATION FORM (,;" '. ~ > As re:quired by House Bill 1364 of the 1998 Session of the General Assembly, each grant of state rund~i 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 ~opy of the annual audit report. Questions concerning the preparation and submission of this form should be referred to Local Government Audit Section of the Georgia Department of Audits and Accounts. Instructions for Completion 1. Complete lines A through K on page 2 of this form. Please note that one form should be used for ea~ grant from the governor's emergency fund or from a special project appropriation. 2. The appropriate officials should sign and date the section entitled "Certification of Local Government Officials." 3. Altach Independent Accountant's Report. 4. Mail the Grant Certification Form (including Independent Accountant's Report) with one copy of the audited annual financial report to: . State of Georgia, Department of Audits and Accounts Local Government Audits Division 254 Washington Street, S.W. Suite 322 Atlanta, Georgia 30334-8400 5. If the local government meets the eligibility criteria for an agreed upon procedures engagement in aCI:ordance with the provisions of the Official Code of Georgia Annota,ted Section 36-81-7, the local government is responsible for ensuring that the procedures performed by the independent certified public accountant are sufficient in scope to enable the CPA to complete the Independent Accountant's Report. These procedures include examination of grant application-and award -, --- documentation to become familiar with the terms and conditions of th~ grant;,vetification of receipt.' of grant proceeds; and evaluation of the local government's documentation of expenditures. The purpose of these procedures is to comply with the provisions of House Bill 1364 requiring certification that the grant funds were used solely for the express purpose or purposes for which the grant was made. . 6. WJlether the local government engages an independent certified public accountant to perform an audit or perform the agreed upon procedures, for purposes of meeting the requirements of House Bill 1364 the independent CPA should be engaged to examine management's assertion of compliance with the requirement to use grant funds solely for the express purpose or purposes for which the grant was made. The independent 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 form and the accompanying Independent Accountant's Report is required to be filed with the state auditor in conjunction with the annual audit for each year in which grant funds are expended or remain unexpended by the local government. 8. Questions concerning the provisions of House Bill 1364, the State of Georgia Grant Certification Fonn, or attestation engagements should be referred to Edward Blaha, Deputy Director, Local Government Audit Section, at the address listed above; telephone (404) 651-5115; fax (404) 651- 5608; or e-mail blahaef@mail.audits.state.ga.us i.~ -::;".. .~ .. STATE OF GEORGIA GRANT CERTIFICATION FORM ""' " A Local Government B Information For Year Ended . ! C State Awarding Agency D Grant Identification Number E Grant Title F Grant A ward Date G Grant Amount H Balance - Prior Year (Cash or Accrued or Deferred Revenue) I Grant Receipts or Revenue Recognized J Grant Disbursements or Expenditures K Balance - Current Year (Cash or Accrued or Deferred Revenue) (Line H + Line I - Line 1) . Certification of.Local Government Officials I have reviewed the information presented above and certify that. it is accurate and correct. I further certify that the proceeds of the grant award identified above were used solely for the express purpose or purposes for which the grant was made. I understand that failure to comply with the provisions of the law applicable to this grant award shall result in a forfeiture of such grant and the return to the state of any such grant funds received. Signature of Chief Elected Official Date Signature of Chief Financial Officer Date ;-- :.. ,,- .. '--~':~~7? ~ IndeDendent Accountant's ReDort We have examined management's assertion included in the accompanying State of Georgia Grant Certification Form about [name of government]'s compliance during the fiscal year ended [date] with the requirement to use grant proceeds solely for the purpose or purposes for which the grant was made for:each of the following grant award(s): [Individually identify each grant award of governor's emergency funds and/or special project appropriation.] . Management is responsible for [name of government]'s compliance with this requirement. Our , responsibility is to express an opinion on management's assertion about the [name of government]'s compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name of government]'s compliance with this requirement and performing such other procedures as we considered necessary in the circwnstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal d(ltermination on [name of government]' s compliance with the specified requirement. III 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. ,;1 ~ . .,..' ;,~ OFFiCE OF THE CLERK OF COMMISSION Lena J. Bonner, C~v{C Clerk of Commission Nancy Morawski Deputy Clerk MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: January 6, 2000 S U HJ.I!:Cf: Department of Community Atl'airs' Local Assistance Grant Awards Enclosed is a check in the amount of $18,750 from the Department of Community Affairs. Please issue an Augusta-Richmond County check to the following Local Assistance Grant recipient. GRANT NUMBER OO-C-L-405 GRANT AMOUNT . $18.750 This award represents 75% of the total grant award. Please return the check to me so that it can be forwarded to the appropriate State Representative for distribution. Should you have any questions or need any additional information, please feel free to call. Thank you for your continued assistance. Enclosure: Check 530 Greene Street. Augusta. Georgia 30911 . (706) 821-1 R20 . Fax (70fi) R21-1 R~R ~- . ., :, . :/ {J,L~C(PlJ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER September I, 1999 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: The attached contract when executed commits state funds in the amount of $5,000 for operating funds for Summerville's Arts Factory summer enrichment program. 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 privat~ 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. (;fJ1~ Jim Higdon Commissioner JH/ja Enclosure cc: Richmond County Legislative Delegation ~rtJ(! if &7) . EauALHOUSIN(l~ 60 Executive Park South, N.E. - Atlanta, Georgia 39129-2231- (404) 679-4940 OPPORTUNITY L.:.J www.dca.state.ga.us ( An Equal Opportunity Employer * Recycled Paper .~'... 'T ~ l , Office of the Mayor Bob Young, Mayor Room 806, Municipal Building 530 Greene Street, Augusta. GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us May 1, 2000 The Honorable Jim Higdpn, Commissioner Georgia Department of Community Affairs. 60 Executive Park South, NE Atlanta, Georgia 30329-2231 RE: Local Assistance Grant Dear Commissioner Higdon: . )Enclosed is the following Local Assistance Grant Request for Final Payment form for the following organization: t' ORGANIZATION Arts Factory GRANT NUMBER 00-C-L-480 Thank you for your continued assistance in the administration of Augusta's grant.awards. Bob Young IVfayor ~6 Enclosures: -~ '-, A City of Character ~, /1' .1- ,. " GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. · Adanta, Georgia 30329-2231 -' . [, . Summerville Arts Factory BECIPIENT: LA GRANT AGREEMENT NUMBER: OO-C-L-480 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 (L.AG) 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 comer of the grant agreement. The certification statement below must be signed by the Chief Elected Official or by someone who is officially authorized to sign on the recipient's behalf. Please return the form to the' above listed address. If you have any questions, please contact Bobby Stevens at (404) 679-4943 or Amy Thompson at (404) 679-3154. CERTIFICATION: 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 ide'ntified 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. Authorized Si ature (( jy/f( UJ-<- Bob Young. Mayor Name and Tide Date r ,( !' Application for Local Assistance Grant Local Assistance Grants are made pursuant to O.C.G.A. ~50-3-3(a) which provides in pertinent part: "The department shan make 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. Rc:c::pienr idemified by che G'::le:-al Assembly in Appropriations Act: Richmond County 2. Amount appropriated by Ge:le:al Assembly: S5,OOO 3. Purpose of che Local Assistance Grant as specified by che General Assembly in che Appropriations Act: Operating funds for Summervi lle's Arts Factory 'summer enrichment program in Richmond County 4. Information Required by the Department of Community Affairs for Award: . a. P!e:lSe provide a detailed descpcion of the project, location, type of work ::0 De initiated, and for what purposes the funds awarded chrough chis gr..m would be used. Acuch additional pages if nec:ssary. b. Please provide a budget for che proposed projec::, listing ail revenues and e."'l:penditures. Project Revenues Project Expenditures Local Assistance Gram t)~ c) d o o Local GoV!. I Ocher Total ~C)O 6 c. Provide e."'l:pec::ed project st::.rr up and projec:: completion dates: - - --- a_tinning Dau Campurian DiU, -.oj t' 5. Concacr Informacion: Please provide che following contact informacion for rhe granc. Address: -? L. 0vx Ju Nc-5 6a~ A~<=t\.(STA <CA 36<70 ~ Name: .....-gE7TY / o Ci'Y: ~ I....t '1 ~. S T A Tc:lephone: /211 - 0 0 () :r Seaee: G A Facsimile: 7 3(;, - ~ I ~L E-mail: Zip: ? 0 '9 I.J I Name: Address: Ciey: Scare: Zip: Tc:!ephone: Facsimile: E-mail: G. Cerrifica.tion I. the undersigned authorized represe:1Cative of the local government described in this application, cc::rirf thar ro the best of my knowledge, the informacion in chis application is crue and coeree:: and me Local Assist:iIlce Gram subject co chis app' cion 1 be used ror . e purposes ouciined above. I further certifY the 10c:U govemmem described in chis appli uisiee po e: and authority to apend funds for the purposes set forth herein. (; ~ '1 -1Z Dare Nam~ (p~au print) Tit~ For additional informacion or assisunce, please concact Amy Thompson ar (404) 679-3154 or Bobby Sec:ve:1s ae (404) 679-4943. 5/99 T ~ AUGUSTA-RICHMOND COUNTY COMMISSION BOB '(OUNG Mayor JAMES B. WALL CITY ATTORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 82 I -2488 Fax No. (706) 722-5984 E-Mail: JWall@co.richmond.ga.us ULMER BRIDGES JERRY BRIGHAM' HENRY H. BRIGHAM RICHARD L. COLCLOUGH FREDDIE L. HANDY WILLIAM B. KUHLKE, JR. WM. "WILLIE;' H. MAYS, 1Il J. B. POwELL STEPHEN E. SHEPARD LEE BEARD Mayor Pro Tern CHARLES R. OLNER, P E, CPA Administrator MEMORANDUM To: i - -^"'I'i1kt Art. Factory Fl'Om: .James B. Wall Date: September 9,1999 The Attorney General issued a Memorandum to Jim Higdon, Commissioner of Community Affairs, on August 17, 1999 concerriing local assistance grants for fiscal year 1999-2000. Tn that !TIi~morandum, he addressed two issues and concerns. The first concern is for funds fora 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 tothe private entity in the form of a contract for services. In addition, th,~ contract must show the scope of services and how the scope of services is in aid of-a lawful activity whose benefit to the County is substantial. The previous contract which we have used with private entities, which you may have already signed, meets the first requirement, i.e., it..is.a contract for services; however, 1 arn concerned the DCA may reject the earlier contract because iedoesnot clearly show the scope of services as being in aid of a lawful activity with a benefit substantially to the County. Therefore, r 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 theconstityjion~1 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 pr9hibitiol). Accordingly, I have included a certification that your organization is not "organized out of belief in God'ot other supernatural beilJgs",which isa requirement for your organization being eligible for the grant funds. . I have ~t:tached two copies of tlie- 'cqrlrnict, sl11ce we must provide .one copy to DCA. The remaining copy is for the City's records, "_ Please execute both copieso of th_e ~oritract ill order that they may be returned to me, Further, if you should have any questions concerning either the s<;ope of services or the certification, please call me. ,",I;, ': :i' .. STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of ~~A. , between AUGUSTA, GEORGIA, a political subdivision of the State ~, 1999, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "Augusta"); and SUMMERVILLE'S ARTS FACTORY (hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of Comnunity 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 her'2in 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 $5,000.00 (the "Funds"), to be paid to Organization upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the Organization agrees to perform the following services, which Augusta has determined renders a substantial benefit to its citizens, to wit: To provide for a s"wnmer enrichment program for youth, thereby promoting public safety . 1 ~ \ ~ Augusta has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: ~ 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; o Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; o Codes, including building, housing, plumbing, and electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. 2 -..., "\ 'i 4. The Organization shall hold harmless and indemnify Augusta, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims' for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 50-14-1, et seq.) if the Organization receives as a direct allocation' tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating'to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). Organization shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. Organization certifies that it is a tax exempt entity under ~ 3 -\ .-;':! ,,-, 4 .. ... 9 .. .:~ ...~_ _.;:~' Organization as to whether it is "organized out of belief in God or other sup,ernatural 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 mon~es 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. SUMHERVILLE'S ARTS FACTORY ORGl\NIZATION BY:J'&dfJ li.s It ,<.~~ ' ~/'" :-r ~ :,...q ~ . ~~ By: ~TTEST' ATTE:ST: Title: Sworn to and subscribed before me this I~ day of IT:. 99. Notary P '"I;:1c :~commis 'ib~': .EX~' res: -. t!\;N~'~' ""'-~.; .~ ;' ;~'. .&!< ..'l7U -:- .-,. ~ - - - ~ = ~ ,.;:" .~... y!,,- E ~ -:;..::-...... .. ':.'-' ).~ ~~=: F.-_ _ .." _,. ~ ",f.~4""'J, -......<P--.....-..~" \ .;;::..... J/'"t? ~\~"'l ~~~...~~~ ..i,....l:",~ 5 ~ .... ',->.#"_ -t; " , , Grant No, OO-C-L-480 STATIC OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 31st day of August 1999. by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and Richmond County. a political subdivision of the State of Georgia (hereinafter referred to as the :'Recipient") . . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and, ,WHEREAS, mutual cooperation and assistance between the state and its political subdivisions is bendicial 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. 950-8-8 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 Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts. an amount not to exceed $5.000 to be .used solely for the 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: $3,750 Within ten days of.the Department's receipt of the executed Agreement. $1,250 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $5,000 Total Disbursement 4. Applicable Dates, The effective date of this Agreement is specified on page one. ~,., , -to' '. .... ,.., Grant No. OO-C-L-480 Page 2 of 5 5, Conflicts of Interest. The Recipient warrants and represents that all of the officials, agents and employees of the Recipient pav,e not violated any applical?le federal.. state or local conflict of interest laws, ordinances. rules or regulations, including but not limited to, a.c.G.A. ~45-1O-20 througb @45-10-28 and O.C.G.A. @36-67A(1) through @36-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally. the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Lel!allv Binding Act. The Recipient certifies that it is duly organized. validly existing and in good standing under the laws of the State of Georgia; that it has all the requisite power and authority to enter into this Agreement and to assume the responsibilities herein including the expenditure of funds; and that all necessary actions have been and will be taken in confonnance with all applicable laws to make this Agreement and actions hereunder valid. enforceable and legally binding acts of the Recipient. 7. Monitoring and Auditinl!. Upon request. the Recipient agrees to provide the Department with any information. documents and/or photographs the Department deems necessary to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate books", records and accounts reflecting its administration of Agreement funds and compliance with all applicable laws. Such documentation shall be retained for at least three years from the completion of said project and shall be made available to the Department upon request. The Recipient further agrees that an accounting of these funds shall be included in the next regularly scheduled audit or 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 aJt1.y 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 compUed with all the open meeting requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated. 9. No AIlencv 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 8,11 obligations under this Agreement. I' 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. 1: 11. Satisfaction. In the event the Department determines, in its sole discretion. that the Recipient: (1) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (iii) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal, state or local law. ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. . "" --. ,; I ' ... ". Grant No. OO-C-L-480 Page 3 of 5 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through privl:l.te 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). Th.e "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization~ Bennett v. City oJ LaGrange, 153 Ga. 428(1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith In God, .153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). 'The term 'church' is one of very. comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship. or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entityorganizedout 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 Recipi,ent to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipien(s acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise, other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have a.greed to said modification in writing. - [Executions on following page] .-v ~ . ' . ,. f-' . II '. Grant No. OO-c-L-480 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this AgreemGnt as of the date first written above, FOR 1HE RECIPIENT tf!.~ c#b ' Attachments: Exhibit A, "Scope of Services" FOR THE DEPARTMENT OF COMMUNlTI AFFAIRS By: ',.. ~~ . ' ,. J" . . Grant No. OO-C-L-480 Page 5 of 5 EXHIBIT A . The Local Assistance Grant shall be used by Richmond County for operating funds for Summerville's Arts factory summer enrichment program in Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose. the purpose must be ~ccomplished through a contract for services by the named private entity, or the private entity that conducts the named program. 'If the appropriation specifies not only an implementing entity but also a use of funds by the entity. such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate. suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during st:l.ted hours.lor a stated term. Or a grant for cataloging the society's papers might be implemented by a society promiSe to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It.is a.responsibility of Grant Recipient to'see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. . , . ~ '\ ,I' n. ", INTERNAL'REVENUE SERVICE . '. 'OISTRICT DIRECTOR P. O. BOX 2508 CINCIN~ATI, OH 45201 DEPARTMENT OF THE TREASURY Date: nr r: ;; {1 ~9f'~ W _ d r..' '" ) ~'" Employer Identific~tionNumber: 58-2209702 ART FACTORY,INC~ 303 HALE STREET AUGUSTA, GA 30901 DLN'; 31632410ti Contact Person: . D. A~ DOWNING Con~actTele~hone Numb~r: (513) 684-395?" .Accounting Period Ending: December 31 Foundation Status tlassification: '509 ('a5 (~~) Advance Rul ~ng .Period Begins: January 9, 1996 . Advance Ru ling Per Ic.d Ends: December 31~ 2000 Addend~m Applies: Yes . DearApp 1 icant: Based .on info~mation you stippl led, and ~ssumlng your operations wj (I be as stat!,?d 'inyour- applicati.)n .for' recogniti.)ncd:exelllpti.:on, we hav.e determined you are exempt from ,federal income tax"under. section ~501(~) ':of the ,Internal Re"";.=nu€:" Code a's a~.orga~izatjo.n desc'~,ibed in sectil)n ~Ol(C)(3).'. 'Becaus~ you are ~ newlyci~~ted ~rga~iz~tion' w~ are'n~t'~ow making ~. . _'~LLnaA'+d ~.te r:min'at~i'Jn.:-clf--Y'J u.r -f.l) u.nd at~i;)n,~std.tu s--un d f.~'r:,~,s,ec.t-i l:>n~509'(~ar-,jf--tne- God e ~:_-'---:,-:,--_.:..-~ Hljl~~Ver'He have determine.d.that you .can reas.Jnab ly expect to be a publ iely . sUPP,)rted '):ganization de!:icr,i,bed in sect.i,)n ,509(0) (2). ".' . 'Ael:t)rd'ingly~ duril1g 'a'n advance ruling peric,d~'Oll HUt be treated asa , publ.iel~1 sUPP'jrted :1:>rganiz,lti,)n, and not as a pr'ivilte f01lndati.'))la This advanc;~ r~~ing ~eriod begin~ and ends on the'dat~~ sho~n ab?ve. . . Within 90ddYS 'after the end of yo~r ~dvancerul ~ng pe~rod, you must send 'us' the:in~ormationne~d~dt6 detetmirte whether y6u hdV~ m~t~t~e require- . .m,entsl)f thi= ,appl icablo.? supP9rt.test. d.uri,ng .the ad\iance :r~l.ing periQd. If you' . 'es ta b+i,sh:-t hat..,..y,:>~-.ha ve-b een-a:"pub'li'c'l.y--s up p'i) rted"C"I) r ga n-i'zat'i")T1"::-I~e-'Ri-I-I-c-Icassi'~'--":--~c-""":'""",\ fy y,)u.as a secti'JTI.509(a) (1) Ijr"509(a)(2)"JrgaTli~~atj.)n as long ~S.}/I:>U. ci)ntinue to meet the 'requirements of the:.a~pl ieab lesuppor-ttes.t.. ,If' .'tou d(, n,?t' meet t,hejJlibl ie SIIP.p;,rt' requirements'duri"ng',theadvancerul lng perilJd', HE: l~i.ll . c,I,lssi"fy yc~u as. a privd:te f"und<;ltion for future .per'i,)d,s. Als(), if He classify Y':lll"as ..1 pr:ivate f'Jundation, He I'li '!. treat you as ,1 private f':Jund,lt.ic,nfr.:.m Y"jur beginn,ing date flJr pur:poses..:;)f ,sect!.on 507(d) and 4940. . , !. J . ... - ,- . J . . . - ' , .: .. .' . - ., , ..:. ',. ' " - - .- '. .. .. - .. . Granti)t-s,and contri'but.)rs ~mc1Y re I y "T1 I)IU- det8rm i nath)n that YQU <l re nQta . p'rivate .fo.undati'Jn unti I 90'days 'after. the. end .:)f. y',uradvance.rul ing perhJd. If'y'JU send' us the required"ird,)rma'tic,nHithin th~ .90 days'-granb:irs and cljntribut.jrs 'mayclJntinue tl~ rely'on the advance. dl~ter'minatit)lf'unti I He make a final deter~lination of >'t)urfQundatio:>n'.status. If wepubl ish a noti~e in the Internal Re....e~ue Bulletin stating that we _._-----~---_.--:....-----~._--------~-.:....,..._._---...- --- -, -, ' -,--------Q't-teYT0"45--:( 007Cm-:---~'~ , . , . . _r)_.. '- ART FACTORY" INC. Hi I( no longer treat you as a publ icly supported organization, grantor~ arid cont~ibutors may not rely on this determination after the d~te we pu~l ish the n~tice. In addition, if you los~your status as a publ icly su~ported .organi- zation, and a grantor or contributor Has responsible for,.or ~a~ aware of, the act or fai lure to act, thatre~ulted in your loss of ~uc~ status, that person may not rely on this determination from the date of the act .or fat lure to act. Also, if a .grantor or contrib~tor le~rn~d that He.had given no~ice that you Hould.bi removed from ~(assification as a publ icly supported organization, then un that p'erson'. maV nij"t-r\::n,Y~"i::ln-nthis, determination as of the-cfa'te-lie or' s'he - ..n acquired such kno~ledge. Ify6u change y6ur sou~ces of support, your purp9ses~ chara~ter, or, method I,f. ('peration,ple,lse..let us kn()l~'.~oHe can consider' th~: effect I,f thE~ chan'ge'(.n yi;)l!!'" exempt status and. foundat ion' sta'tus. If you ~niend 'yOUt- organ.i zat i onal document or ~ylaws; please iend us a copy ~f.the amended doc~ment or bylaws. Als~, let ~s ~noHa( I change~ in 'your name or address. . As'''' January 1,;'1984, y,:.u are liable for social ,security taxes under t"tll? Federal It1surance Contributi':lns Act I:>n anwunts ,::af $100 .::ar ml::are y.)U pay to each of your employees during.a calendar ye~r~ Vou'are not I lable f~r the tax jmpos~d,und~~ theFeder~IUnempI6ym~nt Tax Act (FUTA). . , . Organiza'tiQns that"are nl:d;p'rivate foundations, are iwt 'subject t>:>the pri-:-. . v,3te f'jundat i'::an exe i se' tcH~es under Chapter, 42 I,f the Interna I. Reyenlie .CodeM H;)HeVer,.y',::au are n;)tau:tomaticarlyexemptf.ro~l'.'ther'.fe~eral excise taKes. If . '-'_~~ -.-:.__'__Y..9.JLoa.v.''!!___an y _ques.tLo:>ns_ab:'o_ut~excJs e.,~ ..empJ "yillt?nt,_..oF'__other_-fed e.r:.a,lc--tax es.;.-p;l e:ase~-'---.~~ . . . '11~t us {(nOH.' . :Do'nl,rs 'may :deduct c"ntr,lbutions to, yciu .a~ 'proyide'd in s~ction"170 of the ,Internal"Revenue C.,de. Be.qu.ests, legacies, ~evises, tt-ansfers, ,.)r 'gifts t.) YQU I);~ for your use <lre deduct i b Ie f;)'r 'Federa ( estate and gift ta'x 'pu,r-poses j f thEtY n\!~et the.appl~ic~bl"epf"o,v..isil:lns a:>f sectil'~s 2055, 2106, and '2522 of .thl~ Code._ . . .'- .D~:)n6Y"s: ~lay- deduct ,contr'ib'u.t i~)ilS, .t~~, Yl)U ,,'I)n I.y to the -extent' th-at the'i r i:ontr:itniti.)ns a're gi.fts,".d,thno'c:"nsider.ation receive'd< ~Ticket purchases' and. , simi.i'ar paymt?nts in.el:>nJunctiI)Tr H,(th fundraising everi,ts may.not necessari.ly :..:._.:...-qua-lj~f-y-":as-d ed;uc-t;i-b;I:E:-c':' n.t ~i.b,u,t.i-t:ln's~'7-d ep ~n d-i-n 9 -I' n--t he.".::~-i'r'cu nlS tan c.es-:-..--:-Reve nue Rut ing67-246,pUbl ished in Cumula1!ive Bulletili 1967-2,. .".,n,p<lge 1.04, gives .... guidel ine~ reg~rdjn~ whe~ taxpa~ers may deduct p~yments f~~,idmisiio~ to, ~r othe~ participatio:>ri in, fun~r~ijin~ :acti~itie~ for charity. .i. 'Contr.ibutiQns to you ar~'deducti~le by donors beginnin~ Janu~ry 9, 19~6.. I ... "-', . . , . , , " V,)\! are not req'u ired t.,' f i Ie' F.,rm Cf90, Return o;:;f, Organ i zat i qn E~empt Fro:),m. .: ~I , - -- --" - - - .< . IlI6,me' Tax, .if YI;)ur 9r"SS receipts each year 'are Tlormally'$259000 Ijr l.ess~ If y,:;.u rec'ejve'<l F"rm'99Q pac~age'in 'the mail, ,simp.lyat'tach the .Iabe'l p'Y"t)vided, check the b,;)>~ in the heading tlj i~~icate that youl". annu'al gt"t)ss r~ceip.ts are nM-ma/ly $25,000 or. le.55' .and si;gnthe return. . If you. are required to fi le:a return you must fl Ie it by the f5th day of Le'tter 1q45. <DO/CG) --- ----~-~-------------~--~_._------------=--_---...:---~---------_.......-~._-- . '". .... .. f -':>.- ., .' ART FACTORY, INC. the fifth month after the end of your annual accounting period. We ~harge a penalty of $10 a day ~hen a ~eturn isfi led late, unless there fs reasonable cause for the delay. However, the'maximum penalty we charge cannot exceed $5,000 or 5 percent of' your gross receipts for the year,' whichever is less. 'We may il~o ~harge this penalty if a' return is notcom~lete. S~, please be 'sure 'your return is complete before you file it. . You are not, requir.ed t., fi Ie federal LncQme tax returns u,nless Y(l!l are . 's'ubject ti)-~thetax--'on'unh:: I at.?d bus i ness.H 1'n6:,nle 'under" sedT.:.n--51l,- .)1" -'the-C.:,d'e:- If you are subject to this tax, you must 1.i Ie an incomi t~x r~turn on Form 990-T, Exempt Organization Business-Income Yax Return. In thi~ letter we are not.de~er.ining whether any of your p~esent or proposed activitie~ are unre- lated trade or business asdefin~d in section. 513 9f the Code~ . ' You ~eed. in employe~ide~tifi~ation n~mber ,eV~n' if you h~ve no emp~oy~es.. If. an empl'.)yel~identificatb'nnuOlber Has ,nc'-t entered I,n your' appl.ication, we ~i I I ~~sign ~.~~mb~r to you and 'a~Yi~~you of it. Ple~seus~ that'numb~r on 'a'll returns .y.,u fi Ie and . in' "f( I 'c;,rresp.,ndencew'ith the Inter,na.IRevenue Ser~rc~. . . .., This determinati,;:.n is 'based on evidence that y,)urf~nds are ~edicatedt.:i the purposes I isted~n secti?n-501(c) (3) cif-the Code. To assure yqurcontinued e;{elllpti.;n, YQushQuldkeep :r'ec.:>rds .to sh':>Hthat'funds are spent .)nly,'f.,rth,)se , . p ILlrposes.. If 'Y'?U d i sfri pute funds to.)ther '.orgatl i zat i .,ns, YQur.' rec.)r~s shQ,u I d" ". . .. '..., sb,).\'! I-lhet.herthey :are .exempt under sect i I)n '. 501 (c) (3) ~.'.' In 'case~(.Hhere .the' . . '. " .: ,~,_~ .:.......i.i?J:j.pjj:~_tij;~Qr;_ganJza"t ij),n~i-!; .~n.).~_.,e x emp.t __ ii n.d er:":'.secti.i,YL501c( cL( 3 )-',V.,:u:"":m ust-have----~-~-_.....:.:c:-:'"c.:.. . evidence that 'the.funds'~i 1.1' remain,ded'icated t., the req'uired purpt:)ses and th~t. .'. ,.tl~erec{pient'l~i II use..thefundsf.)~t!1.)se purpos~s. . .If y,:)u"distribute'funds t,:>' individuaJs, yoush'Juld ke'ep",c'ase histories shm,dngthe, reCipients' nanies; addresses,p~rpose.s. 'Jf.awa.rds~ 'manner I)fselec- . til)n;and' r~lati.'nship. (if any)' to) illen\bers, .officers, tr1jstees:'Jr.dQ'n.:>rs'of . funds to ~ou,' ~6 that.,y6u tan~ub~tantiate upo~ request by the' I~te~na'I' R~venue Sl~'r'.Yice',any and 'a.1I distributi,jils you made .to 'indi'vid.udls.. (ReVell'Ue Ruling '.. .. ..' ,'. .- . - '. "' . 9()-30,4,.C.B~1956::-2"pdge .306.) .' :': . . . . . .., I ,." '.',". .' . . . . . ',., _ _~~~~.--,~I(Q u-Lti cU.c ate,-t ha.t-y', u..:.i~,i:"I,-I:....:n ,:>t~f-icn an d~-'-y,) UI"-,1 (z.t,i.v-i-t'i'es-I~ictti:-'-ta x -e x emp t-_. '. b(~n~s,':>r'ce'rt"ificates I,f partic:ip'ation~': .Therefo,r:e, .'this, deternrinatio'n letter i~; based on the :understand in g.tha't' }',)u .'w i.1 (. n.:>t r~ (se funds t,hrough sue h '. . .financing.. .11' in t,he .fl11;ut:'e.y')UHish,:tQ raise. funds byeithef .,ithE'se -' mE:th.)ds, y.:)U s'~I,uld'r'eque'st'a" 1"\1' ing ft.:.m the Internal' Revenlj~(Service, Hl1 ',C':>nstituti.'n Avenu'e, N.W., Washingtl:>n, D.C~ 20224, Attn: CP:E:EO:R, a~:c.'rd'ing' to R~venue Pr.:>cedure,90-4,'.1990':':2 I'.R.B. 10... .'...: . . '. ) " , '-.';' .~ :tf,l"e:said"in the' heading.)f,th'is.}etter. that an addendunl..appl ies~ the acldendum...enclosed ,i.s'.an integral,:.j:la'rt of'this' letter. c Because this l.etter,ct)u'I'~ 'help us.'reso:>lve any.questi.)ns ab'J'ut Y':',ur exempt .s'\;,'ltusandf(l.un9at i,)1" s~atus, .you; .Shi)U I d keep i ti n 'y;)ur permanent records. .Letter 1045 (DOJCG) " ., ';' ~-', . J .. -4- ART'FACTORY, INC. If you have any questions, ple~5e c~ntact the person whose name and. tele~hone number are shown In the. heading of this letter. Sincerely yours, ~~>'4..7/ ..-. '.'~ ~ ;,'/l.?.;J'Y:;-f..t'~;",.~. .. (/ . . District Director. . Enc: I (.sure (s) : Mdend um Fc'....mL872-C ---~--~--_-----:'~~~-'~----~7-'------:-'(~-'-----_":----"-----':_-':""-:-:-:-~_'~"::- ---~-~.~-- ! '~ '-~-----..-o---- I ( .. I,' " , ,l;. 'Letter lQ45 (DO/CB) _._-------~~------- "l' .; - ,", ~. .. ,. ~ Form 872-C Consent Fixing Period of Limitation Upon Assessment of Tax Under Section 4940 of the Internal Revenue Code OMB No. 1545-0056 To be used "ith Deputmmt o(!he Treasury Internal Revlmue Service ~'onn 1023. Submit In dupUcate. (R"v. July 1993) Under section 650 I (c)(4) of the Internal Revenue Code, and as part of a request filed with Form 1023 that the organization named below be treated as a publicly supported organization under section 170(b )(1)( A)( vi) or section 509(a)(2) during an advance ruling period, . Art Factory, Inc. .___H .. - .-. (Exacl legal IWIlC of organization as shown in organizing docwncnt) 30:: Hale Street, Augusta, GA 30901 and District Director of . Internal Revenue, or the Assistant Commissioner (Employee Plans and Exempt Organizations) (Number, street, city ortawn, stale, and ZIP code) Consent and agree that the period for assessing tax (imposed under section 4940 of the Code) for any of the 5 tax years in the advance ruling period will extent 8,.years, 4 months, and 15 days beyond the end of the first tax year. However, if a notice of deficiency in tax for any of these years is sent to the organization before the period expires, the time for making an assessment will be further extended by the number of days the assessment is pr~,hibited, plus 60 days. Ending date of first tax year nprpmhpr ~ 1 QQI'l . (Month, day, year) . . -_.._--------_.._._--._---_.._-------_._-----~-_.__._------ . . , Nam,' of organization (as shown in orgnnizing document) Art FactorY, Inc. OmC<T or trustee having authority to sign "~:~re.Jl ~Aa ~ X. 10 flof~~ ~~d~/~~ , fulRS u.<;e only Distri,;\ Director or Assistiint Cormnissioner (Employee Plans nruI Exempt Organizations) . :'Yw'A- 7~ By: /!1Z ~d~ 0=6 ~ rme> 2. '?e/ ~ I=\PR-22-' 00 SUN 01: 40 ID: TEL NO: f:f096 P01 "1" .':,- ...;.'~ ... ,'. February 21, 2000 Lena J, Bonner , Clerk of Commissions 530 Greene Street 'Augusta, Oa. 30901 Dear Ms. Bonner: The Art Faetory is a not-foe-profit arts education center providing ye~ ruund classes and art camps in visual arts as well as dance and drama. We offer children a safe and supportive environment and designs our programs to be a vehicle for the development and nurturing of young people who might lack this type of positive influence. All instruction emphasizes creativity, peer-teaching, social development, good coping and problem solving skills, teamwork and career development. As Executive Director for the An Factory, I want to tbank the Augusta-Richmond County Commission for the Local Assishmcc grant of $5000. We received $3,750 oftbe $5000 in October 1999. (Invoice #102299, check #017653). As per your letter of October 22, 1999, we are requesting the balance $1250 as soon as possible. Funds were used to help defray programming costs and (0 provide tuition assistance for disadvantaged at-risk youth during our 1999 summer camp and fall programming sessions. '''Around the World in 30 Days" was the theme for our 1999 summer camp session. We provided I~ampers with an opportunity to explore culture and folklore in different countries around the world. Six week.s w~rc provided and students ages 4-17 spent the mornings in dance/drama, ilIlixed media, painting and drawIng classes to develop a technical foundation in each art fonn. ,Mtemoons focused the students's attention on art projects specific to the region of study for the week. Community resource people collaborated with us to provide history and ethnic cultural diversity. Afternoons frequently included field trips and tours. Additionally. students were encouraged to be their best through positive words of the day, (;haracter development through role playing. self esteem building through special performances by the Kids on the Block Puppeteers from Mea, and safety demonstrations and activities provided by the local Fire Department. Dare, and Sheriff Department. r .. h'~ ...,~~.... ~. - ... ",~-.,' Three Hundred Seventy-one students enjoyed the sessions including students from the Shelter for Abused Children, Safe Homes of Augusta. Department of Family and Children Services, Walton Rehabilitation Hospital and the Augusta Housing Authority as well as children from the Harrisburg Community and the entire CSRA. Of the 371 students who attended the sessions, 260 received tuition assistance. The fall session at the Art Factory was carried out in a ten week art exploration session. The theme for the session was "My Story", students were challenged to share their personal family history through dance, drama, clay, drawing and painting projects. The session ended with the students coming together to provide our rust production, "Our Town, Our People" which was held at the Imperial Theatre December 28, 1999. This production was very positive and it allowed our students to showcase their many talents. Had it not been for this grant and a handful of community supporters, this production would not have he en possible. Thank you for the opportunity to provide our students with another art arena. Expenditures for funds included: Salaries (summer camp $6000) (fall session $2500) Supplies (summer camp $2(00) (fall session $2300) Food (summer camp $800) (fall session $75) Van Rental (summer camp $1200) (fall session $170) $8500 $4300 $875 $1370 RcntlUtilitic5 $5415 Tuition Assistance Total (June - December 1999) $1~,OOO $35,460 Sincerely, I~"'~ Betty L.loncs Executive Director 10d L,60t:f :ON l31 :OI cv:10 Nns 00,-cc-~d~ ..." ,~,'~~ Office of The Clerk of Commission May 26, 2000 LenaJ. Bonner, CMC Clerk of Commission Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 Nancy Morawski Deputy Clerk MS. Betty L. Jones, Executive Director Art Factory 303 Hale Street Augusta, Georgia 30906 Dear Ms Jones: Enclosed is a check in the amount of $1,250 representing final payment of your and FY2000 State of Georgia appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program. In can be of further assistance, please feel free to call. Very truly yours, At A;t 11 ./ (}J.IVI/~&V tenaJ.....~ w' Clerk of Commission Enclosure: Authorized pick up Ms. Jones Date "t\.UGlJ~TA-RICHMOND COUNTY COMMISSION 030657 ()ESCRIPTION .. P.O: NUMBER. INVOICE NUMBER' INVOICE.AMOUNT NET AMOUNT IUOCAL ASSISTANCE GRANT 00CL480 1,250.00 0.00 1,250.00 nO - . - - - - ,- ,.. 0' - - - CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 030657 OS/26/00 1,250.00 0.00 1,250.00 ---..il- ~ :, . ~ . _f';i',. III 0 :1 0 b 5 7 III I: 0 b . . 0 . :1 7 5 I: b a :1 0 . L. a :1 g L. III Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 May 26, 2000 MS. Betty L. Jones, Executive Director Art Factory 303 Hale Street Augusta, Georgia 30906 Dear Ms Jones: Enclosed is a check in the amount of $1,250 representing final payment of your and FY2000 State of Georgia appropriations through the Georgia Department of Community Affairs Local Assistance Grant Program. If I can be of further assistance, please feel free to call. Very truly yours, " .; '" Enclosure: Authorized pick up Ms. Jones l~~ /. 9~' Date~ ?I,~() " ~. ......,... \ GEORGIA. DEPARTMENT OF . COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR September 1, 1999 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 309 I I Dear Mayor Young: The attached contract when executed commits state funds 10 the amount of $40,000 for the operation of the child advocacy center in Augusta. I must caIl your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. r The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitutiofl against grants to any church, cult, religious denomination or sectarian institution. Should this grant faIl 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 carefuIly 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. ,,~ ;..... -l~~: c;;~. Jim Higdon r Commissioner JH/ja Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSIN':; ~ OPPORTUNITY L:J {~ /1'15<( 60 Executive Park South, N,E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer \ \ I * R~cYcled Paper / i I FROM AUGUSTA CHRD ADVOCATES INC. FAX NO. : 7062613031 J / (!.j;: <,Q e /7/-!..d '- " 1 1\ lien Bak,t.'T 229 Bohler Vrive Evans. CiA 3"0809 Muriel DlJchhol:l 341 ~ Walton Way Aligilsta, GA 30909 Flora Jones 3622 Bermuda Circle West Augusta. GA 30909 Clyde Lester 3035 Pine Needle Road Augusm. GA 30909 Wanda LaVigne 17 Bristle: Cone Augusta, GA 30909 Lidia RajC7.ak 111 Lenox Place Martinez. GA 30907 Dennis Sodomka TheAugurta Chronicle P.O. Box 1928 Augusta, GA 30903 Edward 1. Tarver Attorney at 4w Sun Trust Bldg., Suite 700 Augusta, GA 3090 I Soloman W. Walker Affirmativ,e ActianJEEO Officer Medical College of Georgia Augusta, GiA. 30912-7609 Philip R. Wahl 1434 Heath Street Augusta, GA 30904 Dr. Steven M. Adair Pediatric Del:ttistry - MCG 1459 Laney Walker Blvd. Augusta., GA. 30912-1210 Margie Ruben 802 CamcIJ ia Road Augusta. GJ\ 30909 Ma~. 15 2000 11:01AM P2 llt. e 0 be,,< 5 Kathy Hamrick 4 Summerville Drive AUb'Usta, G^ 30909 Ronald Martin 3050 Grey Fox P. O. Box 1962 Hephzibah, GA 30815 J. Timothy Shelnut Four Seasons Securities 4137 Columbia Road Martinez, GA 30907 Monique Walker University Hospital 1350 WaJtoo Way Augusta, GA 30901 Mary Byrd Rt. 3. Box 328 Byrd Road Evans., GA 30809 o;~ AUGUSr;:,-RICHMOND COUNTY COMMISSION 1 i 028164 [)ESCRIPTION. P.O. NUMBER... INVOICE NUMBER INVOICE AMOUNT NET AMOUNT PONATION 040600 20,000.00 0.00 20,000.00 - --. -.- '- '0 .. - - CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 028164 04/14/00 20,000.00 0.00 20,000.00 II' 0 2 8 .. b L. II' I: 0 b .. .. 0 .. i 7 5 I: b 8 i 0 .. L. 8 i ~ L. II' AUGUSTA.-RI'CHMOND COUNTY COMMISSION ... 1 i' 026415 ., DI:SCRIPTION. P,O: NUMBER" , INVOICE NUMBER INVOICE AMOUNT NET AMOUNT. IDCA GRANT 031300 10,000.00 0.00 10,000.00 ... . CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 026415 03/17/00 10,000.00 0.00 10,000.00 ""_:IH" "J ~;;jJ~;!t':J'~~f::'~: ~~II) A'~ER'90DAYS: ~~I;,~~~f,~~ -.REGIONS BANK,OFGEORGIA 'it: /,;:", . ,. AUGUSTA, GEORGIA 1110 2 b~ ~ Sill .:0 b ~ ~O ~ j ?5.:bJ13D'l'~8.1:11't;"lfI " 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: March 13, 2000 SUBJECT: Georgia Department of-Community Affairs Local Assistance Grant Award Enclosed is a check representing final payment of a DCA grant award to Child Advocacy Center in the amount of $10,000. Please issue an Augusta-Richmond County payable to the Child Advocacy Center. Thank you for your continued assistance. Enclosure: Check c :z o .~ '% t.J .... .. . "" ex . 1'., "C'l~ -... -Oll) 00;:) "OOCl .0;:) ;II.O~ o ," a; -.. E o O'ct1 '0';;:;;: , 0'0' "01 'C-o :~f,i 'Q.>.> :~,.-~;:,~"",-:,,,: ;>- ... ::z . :;:) .0 t.J lI) '" .. ~ '11. '11. .~ -0::'>- . -... ~ ".. Cl 0 C::z 0 ~ 0';:) 0 .:.W~ ~ - : ,,~ .... I 'LLB ~ g ,0 ...J_ . W... I- _ f- 0 ~ ~ ~ CI)~ ~ .... al ~ .... ex ~ Q, ... c ...lE ~ ~l5~ !!!!!! 666 ""00 0100 -0 . 10""0 C'l'o Ocoo 00 . 0'0 OM_ 00... o .0 o "" ., ... o , C'l o C'l C'l 10 co o o. o o o o o o . 0 cn...., 0 cnzo' 0::1 - ero Cj:E c( .... Zz ::Iw 0:.:: M~ i5 werl 0 '(JW 0 -lI:l 0 g::g g~.~ o o ... o C'l o o o o o o o o .... 0 z 10 ::10 - 0- ::: c( ,~~ :-:.- ::.?- o o o o o o ... '<:-" --'- I t r i , : '1l. I', :!: P: -\, ',' f r i , t I I !.. i Ui i ell i oJ r i ~ : .,;;' ... r o . ~ o .. - o ... o o o o ... ell o .. - ~ nI rr ... ell r1"I o o o o o ~ "'J.' . ~ '.... L. " .. '1 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Honorable Bob Young, Mayor' Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: March 9, 2000 Roy E. Barnes GOVERNOR Enclosed is the final payment in the amount of $10,000 under Local Assistance Grant #00~C-L-454 to Augusta-Richmond County. If you have any questions, please call Amy Hill at (404) 679-3154. . _ n_ ~__ IL-----=--. JH/j a Enclosure ~ig~jl 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 ,~ ;-. OFFICE OF THE MAYOR BOB YOUNG, MAYOR ROOM 806, MUNICIPAL BUILDING 530 GREENE STREET, AUGUSTA, GA 3()91 1 (706) 821-1831 - FAX (706) 821 -I 835 E-MAIL: MAYORYOUNG@CO.RICHMOND.GA.US February 25, 2000 The Honorable Jim Higdon, Commissioner Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, GA 30329-2231 Dear Commissioner Higdon: Enclosed is the following Local Assistance Grant request for final payment: E ORGANIZATION Child Advocacy Center GRANT NUMBER 00-C-L-454 As always, we appreciate your continued assistance in the administration of Augusta's grant awards. BY/lb Enclosures: A CITY OF CHARACTER " '1 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS . ' 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 [." Child Advocacy Center. RECIPIENT: LA GRANT AGREEMENT NUMBER: OO-C-L-454 LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT GENERAL INSTRUCTIONS: CERTIFICATION: Authorized ,.. .ll a ture Bob Young, Mayor Name and Title This form is to be completed once you have fulfilled the scope of work as outlined in your grant agreement. Be sure to indicate the name of the Local Assistance Grant (LAG) recipient and the 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)eft-hand comer of the grant agreement. The certification statement below must be signed by the Chief Elected Official or by someone who is officially authorized to sign on the recipient's behalf. Please return the form to the above listed address. If you have any questions, please contact Bobby Stevens at (404) 679-4943 or Amy Thompson at (404) 679-3154. This is to request final payment on the Local Assistance Grant of the above referenced grant number. In making this request, I hereby certify that the "Scope of the Project" as identified in Exhibit A of the above referenced Grant Agreement number has been completed. I further certify that all funds provided by this grant have been spent in accordance with the terms and conditions of the Agreement and that II the information stated herein is true and accurate. Date II Augusta Child Advocates, Incorporated Richmond County's '\ilia JOr Abused Children f1 P.O. Box 3347 Augusta, GA 30914-3347 Phone (706) 737-3006 Fax (706) 261-3031 February 22, 2000 Ms. Lena Bonner Olllice of the Mayor Augusta-Richmond County ,_ ~~O GreeneStreet, R~om 806 Augusta, GA 30911 D(~ar Ms. Bonner: This letter serves to request the balance of $10,000 ofthe $40,000 provided from the stflte through the Augusta-Richmond County Commission. The $30,000 was spent in re4~ruiting and training community volunteers, operating expenses, salaries, and supplies, In 1999, its first year of operation, Augusta Child Advocates, Inc. served 142 children in Richmond County. The original goal was to serve 100 children. There were thlree training sessions during that year which produced a total of 48 community volunteers. These dedicated volunteers devoted a total of 5,472 hours to children. We have jU!lt finished our fourth training class, which will give us a total of 75 volunteers. Our goal thi's year is to serve twice as many abused and neglected children! Ify~u have any questions, please call me at 737-3006. Thanks for yo~r assistance. - -Sincerely,- __ .___t_ ~',w ~6'J~~ Julia Rankin Bloodworth Executive Director ,~,;,;, .,.,' .~ " ,~ i Application for Local Assistance Grant Local Assistanc: Grams are made pursuam to a.e.G.A. ~50-8-8(a) which provides in pertinent part: "The deparrment shall TTUZke grants to eligible recipients or qualified local governments, which grants are specified by amo.unt, recipient, and purpose in an appropriation to the department" 1. ReciFient identified by the General Assembly in Appropriations Ace: City of Augusta 2. Amoune appropriated by General Assembly: $40,000 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriacions.Ace: Operation of the child advocacy center in Augusta 4. Inforr!1acion Required by me Department of Community .Affairs for Award: a. Please provide a detailed description of the project, IOCl.tion, type of work to be initiated, and for wh;t p~oses the funds :awarded through this grant would be used. Arrach additional pages if necessary. . Auqusta Child Advocates, Inc. trains volunteers to work .on behal~ of abused and nei:jlected children in state custody. Volunteers receive extensive training, background checks and are then sworn in by a judge. Funds will be used for operational expenses, equipment, training material, and salaries; b. Please provide a budget ror the proposed project, listing all revenues and expenditures.. Project Revenues Local Assistance Gram 40,000 Project Expenditures 40,000 Local GoV!. " Other 11 . 650 5 L 650 11. 650 51,650 Total c. Provide expected projec-: scare up and project complecion dates: '''''';'! D.,-;- ~ ~:"'p"n'.;'-;;-- . .; .,~. 5. 'Contact lnformation: Ple::!se: provide: che: following contact informacion for che: grant. Name:: Kathy Hamrick Addre:ss: ,4 Sumnerville Lane Cicy: AUQUsta Tde:phone: 706-667-4775 Facsimile: 706-667-4827 Stace: GA Zip: 30909 E-mail: khamrick@aug.edu Name:: Julia Bloodworth Address: 819 Kamel Circle Cicy: Augusta Scace: GA Zip: 30909 Telephone: 706-737-3006 Facsimile: 706-667-4678 E-mail: 6. Certification !, the undersigned authorized represenracive of the local government described in this application, certify that to the best of y knowledge. the information in chis application is true and correct and the Local Assistance Grant subject to chis plica be used for me purposes outlined above. I further certify the local government described in chis licaci requisite po er and. aumoricy to expend funds for the purposes set forth herein. ~ - ...:l - .:1i- Dau Kathy B. Hamrick Nam~ (pleas~ print) President Board of Augusta Child Advocates Title For additional information or assisrance, please: contact Amy Thompson at (404) 679-3154 or Bobby Sceve:ns at (404) 679-4943. 5/99 AUGUSTA~RICHMOND COUNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY ATTORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus. (706) 821-2488 Fax No. (706) 722-5984 E-Mail: JWall@co.richrnond.ga.us ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM RICHARD L. COLCLOUGH FREDDIE L. HANDY WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MAYS, m J. B. POWELL STEPHEN E. SHEPARD LEE BEARD Mayor Pro Tern <;:HARLES R. OLIVER, P E. CPA Administrator MEMORANDUM To: Child Advocacy Center F,'om: 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 mc~morandum, 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 redpient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is in aid of a lawful activity whose benefit to the County is substantial. The previous contract which we have used with private entities, which you may have already signed, meets the first requirement, i.e., it isa contract for services; however, I am concerned the DCA may reject the earlier contract because it does not clearly show the scope of services as being in aid of a lawful activity with a benefit substantially to the County. Therefore, I have revised the contract to provide additional language in this regard. Please review the scope of services to insure it accurately states the purpose for which the grant will be utilized. . . The second concern was the 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 hav,e attached two copies of the contract, sll1ce we must provide one copy to DCA. The remaining copy is for the City's records. _ Please execute both copies of the contract in order that they may be returne,c1 to me. Further, if you should have any questionsconceming"eitherthe scope of services or the certification, please call me. .:;' Grant No. OO-C-L-454 STAT:E OF GEORGIA COIDi:TY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS , THIS AGREEMENT entered into this 27th day of August 1999. by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and the City of Augusta. a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient"). WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, mutual cooperation and assistance between the state and its political subdivisions Is beneficial to the administration of programs to assist the citizens of the state; and , WHEREAS, the Department is authorized by the provisions of a.c.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and' WHEREAS, the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expen;d 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 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 princijp1es. Any funds not expended for the purposes provided herein shall be retumed to the Department, no later than completion of the project. . 3. Disbursement of Funds. Subject to the availability of funds for such purpose. the Department shall pay the Recipient in accordance with the following payment schedule: $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 effectiv~ date of this Agreement is specified on page one. Grant No. 00-C-L-454 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 tegulations.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 eontinuously 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 LeI!a11v Bindinl! Act. The Recipient certifies that it is duly organized, validly existing and in good standing under the laws of the State of Georgia; that it has all the requisite power and authority to enter into this Agreement and to assume the responsibilities herein including the expenditure of funds; and that all necessary actions have been and will be taken in conformance with all applicable laws to make this Agreement and actions hereunder valid, enforceable and legally binding acts of the Recipient. 7, Monitorinl! and Auditinl!. Upon request. the Recipient agrees to provide the Department with any information. documents and/or photographs the Department deems necessary to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate books:. records and accounts reflecting its administration of Agreement funds and compliance with all applicable laws. Such documentation shall be retained for at least three years from the completion of said project and shall be made available to the Department upon request. The Recipient further agrees that an accounting of these funds shall be included in the next regularly scheduled audit or financial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient acknowledges and agrees that any unresolved findings of the Department concerning expenditure of project funds, whether based on an audit report. financial statement. project completion report or independent investigation of the Department. shall preclude the ReCipient from applying for or receiving any further grants or other funds from the Department, until such findings are resolved to the satisfaction of the Department. 8. Open Meetings. The Recipient certifies that in approving this Agreement, it has . compljied with all the open meeting requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated. " 9. No Agencv or Partnership. Nothing herein nor any actions of the parties hereto or their agents or employees shall create any agency relationship, partnership or joint venture, between the Department and the Recipient. The Department is not an agent or representative of the Recipient and the R~~cipient 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 llvebusiness 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 Recipi:~nt: (i) has failed to comply with the terms of this Agreement in a timely manner; (il) has failed to complete all or a portion of the actions required under the Agreement; (iii) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal. state or local law, ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. Grant No. OO-C-L-454 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). TIlle "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. . Bennett v. City of LaGrange. 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to.such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett, the Supreme Court indicated that "religious" connotes faith in 'God. 153 Ga. at 433. or. as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982).' "The term 'church' is one of very comprehensive signification. and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect":: "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom. practice, relationship. or behavioral pattern of importance in the life of a community or society." The Arilerican Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement. it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. , 13. . Entire Mreement. This Agreement constitutes the entire agreement among and between the parties. There are no representations. oral or otheiwise. other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. [Executions on following page] .' , . Grant No. OO-C-L-454 Page 4 of 5 IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the date. first written above. FOR THE RECIPIENT FOR THE DEPARfMENT OF COMMUNI1Y AFFAIRS ~:~ 7UJtb By: tk,~ne~ Attachments: Exhibit A, "Scope of Services" , -., . ; 'i Gran1t No. OO-C-L-454 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by the City of Augusta for operation of the child advocay centelr in Augusta. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises thatits historical displays will be op~n to the public during stlted 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 r,l.Oncompliance. ., ' . - .f-r; STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of~~~r , between AUGUSTA, GEORGIA, a political subdivision of the State ~, 1999, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "Augusta"); and CHILD ADVOCACY CENTER (hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of Cownunity Affairs and to Augusta a proposal to provide certain services as set fort:h 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 determined renders a substantial benefit to its citizens, to wit: To provide a proc:rram for victims of child abuse. 1 ~. Augusta has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3~ and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: ~ Police and fire protection; o Garbage and solid waste collection and disposal; ~ 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; o Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; o Codes, including building, housing, plumbing, and electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. 2 . ," ~-;-, : j,. ., 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 pro'vided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 50-14-1, et seq.) if the Organization receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). Organization shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. Organization certifies that it is a tax exempt entity under ~ 3 . .. .."";;" -"", .. 501(c) of the Internal Revenue Code. 8. Organization acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have -their ordinary meanings. In Bennett v. City of LaGrange, 153 Ga. 428(1922), the Sup:ceme 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 (19B2). "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 "orc:ranization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive- signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. Organization certifies that Augusta has made inquiry of 4 01.' T . .... ~ ....... .~ ~. ,,' . 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 reirnburse to Augusta any monies paid pursuant to this Agreement. IN WITNESS WHEREOF, the undersigned have caused these presents to be executed by their proper officers and hereunto set their hands and affixed their seals, the day and year first above written. ATTEST: Title: uW /1~J 1-('"''' As ATTEST: CHILD ADVOCACY CENTER ORG1\NIZATION '\!c . ~~~ By: I .I.*' . ' P:s it~ ~. BGw.~ Sworn to and subscribed e this I~~ day of /2. , 1 9. ~e Notary P lic My C~mmis .ion Exp~res: ~s. ~'De,c d{J DD _~-- ~.t({~ ~""' t'l ~~ r ~ -\':'<O~", "'t -...... f.... f'-~'''~~ ~ ~ J :~~ ~,~~ -- ~ I.{..,.........~ ~r- i ~ ~.-": '\I ..:_....... '\./"'.. _ ~ ~~.." -~~: ~:;:~[ ~;~ ......~.........----....,. -.~..' ~ i,/r.:;- ~1J"'~"" ....."~~~~' 7"'", <0. ... 5 ~.,\,<" ':i " ~. rJt.....-. ,- .'- ".' \ > .....,- trJ"'{!-L- 5.;11' / GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER September 23, 1999 Roy E. Barnes GOVERNOR RECEIVED SEP 2 ?; 1999 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 (AUGUSTA-RICHMOND COUHJY COMMISSION) Dear Mayor Young: The attached contract when executed commits state funds in the amount of $25,000 for operating funds for the Augusta Youth Center. I must call your- att~!!!ion 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,t~at 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. ~~,. Jim HigdF Commissioner JH/ja Enclosure cc: Richmond County Legislative Delegation JkJ; fib t-L- f~! . tE:t 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 EQUAL HOUSINI3 _ OPPORTUNITY - www.dca.state.ga.us. An Equal Opportunity Employer * Recycled Paper ... .'i -....1.._. T~-" \ ~ .. ,.~ Grant No. OO-C-L-524 STAT]~ OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 16th day of September, 1999, by and between the Depanment of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and Augusta-Richmond County. a political subdivision of the State of Georgia (hereinafter referred to as the,"Recipient"). WHEREAS, the State of Georgia desires to promote the health and welfare of its ,citizens; and WHEREAS, mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; and WHEREAS, the Department is authortzed by the provisions of a.c.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authortty to enter into this Agreement and expend,funds for the purposes set forth herein; . .NOW, THEREFORE, in consideration qf the mutual covenants and warranties contained herein'cand 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 $25,000 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 prtnciples. Any funds not expended for the purposes provided herein shall be returned to the Department. no later than completion of the project. 3. Disbursement of Funds. Subject to the availability of funds for such purpose. the Department shall pay the Recipient in accordance with the following payment schedule: $18.750 Within ten days of the Department's receipt of the executed Agreement. $6,250 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $25.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. .' ....J " ' " . - .., Application for Local Assistance Grant' Local Assistance Grants are made pursuant co a.e.G.A. ~50-8-8(a) which provides in pertinent pare: "The department shall make grants to eligible recipients or qualified local governments, which grants are specified by amount, recipient, and purpose in an appropriation to the department" 1. Recif,ient identified by the General Assembly in Appropriations Ace: Augusta-Richmond County 2. Amol.me appropriated by GeneraJ Assembly: $25,000 3. Purpose of the Local Assistance Grant as specified by the General Assembly in che Appropriations ACt: Operating funds for Augusta Youth Center 4. Infor1nation Required by che Department of CommunicyAffairs for Award: a. Please provide a decail~ descripcion of che project; locacion, type of work to be iniciated, and for wfiat purposes the funds _ . awarded through chis grane would be used. Attach additional pages if necessary. '. .-. .A+:evSc.J~~~I_ p(C~J'Ic~nl ~ :h L. CCrYh:::r---- CPCy~C- +-C-~~\!~. ()--1~~~~ '(A.IY}~~5 ~ FC'~~I. I, +j ~i IO,-,u I 'ICe,')] c. YOll..+k) ; (I -t h-e C-I +-,-'. C+i~~l-,---~'r^ "1.':)~.I_'--<~' . I ~')...C C\1-kV-,;>CJlCOI p(C(~YCiJ)) \,:)'rcv\des .lrL~+CI" c~1 hf\e'-:4G '/(;lvl+M Ll_~rt:',:) Gr '-? . Il-jc C.::lj h::,-- Ci.\')() 5)(;']<:'(,,'5 C.\.. .l\.i.'=)-t -;C\,-} Nc T~ \')y-llCS e(c::::~v'(\/Y). I he' \?cOF ~,kd tX.\d0'-c + +J, cj (X r'~'- H:' +h.e P(()~y'.c~.rY'~'S f-cy /CtO)C{ '~ ':.':J .~U 1;LIC~'~~ fhc;:- fL'ly~d-s, I/V, II b.f' LlSC'd f(;.~'-'i.\.Jpl-f.n\e..,') + +fJ'C ~eef C~~JCi f)v,cJ~r~'+-' \ "ey.t h,:~ bE-e.n ~\ 'j':}(),-h (c..rl+r-Ed\.-i.ChCtl "I Ccn+nbu-h O'-IS Cd"ld t-\.,~r~c\ (CbSI:")C] R~lienLAC:-'~' b. Please provide a budgee for che proposed project, listing all revenues and expendieures. Local Assistance Grane Project Revenues 25) (.eO Project Expenditures (..::25, Gae Local Govt. :Ocher ~'1) GCIC> -1.'],COO 4 7) COO Total 7:-;JJ ()()6 c. Pre,vide expected project start up and project completion dates: .u..L - _ -Iftfi B~ginning Dau il- _- Nqq Completion Dau 5. Comact Information: Please provide the following comact information for the gram. Name: PCi+v-l (!.., c{.. Jones 002 .3rd s+- Address: J . -, '-'[ -c:A -.l ~ . . '1 City: ( ,i (J L\~ 1'--'\... . . State: q 0, Telephone: neu) 1;?<...j-03ccL Facsimile:C7C<..c) 1 JLj-C{<-ts<1' E-mail: Zip: 3CQC) I Name: qc()r(~Je ..And-r-yso/J l;....j .t..{ \;2. +-r-, Sf'. Address: City: _Ju (j L..t S +-C~ State: (\:\... .j Telephone: (,64- ) T,;( ,~. .;2 ::,'3 7 Facsimile/'J 6 (; ) -/ ::i"~ - LeV LI I E-mail: -' ~ "r-Ie: I ~./ ;" -' Zip: -J'--- 6. Certification I, the undersigned authorized represenrative of me local governmenr described in this application. certify mat to me ge, the informacion iri this application is true and correct and me Local Assistance Grant subject will e use for the purposes outlined above. I further certify me local governmenr described in e' te power an aumority to expend funds for me purposes set form herein. LA/\. o ;1 _ / ~-l _ C{ <="1 -- Authorized &pfnmt4tiv~ Dau r-:b-t')OnC5 Nam~ (pkau prim) Jdal. n I "") h' G_ tC){-- 1i& For additional information or assistance. please comact Amy Thompson at (404) 679-3154 or Bobby Stevens at (404) 679-4943. '" 1. - " ~- 5/99 ..~ Grant No. 00-C-L-524 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. ~45-1O-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 Legallv Binding Act. The Recipient certifies that it is duly organized. validly existing and in good standing under the laws of the State of Georgia; that it has ail the requis:lte 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. Monitoring and Auditine:. . Upon request. the Recipient agrees to provide the Department with any information. documents and/or photographs the Department deems necessary to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate books. records and accounts reflecting its administration of Agreement funds and compliance with all applicable laws. Such documentation shall be retained for at least three years from the completion of said project and shall be made available to the Department upon request. The Recipient further agrees that an accounting of these funds shall be included in the next regularly scheduled audit or financial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient acknowledges and agrees that any unresolved findings of the Department concerning expenditure of project funds. whether based on an audit report. financial statement. project completion report or independent investigation of the Department. shall preclude the Recipient from applying for or receiving any further grants or other funds from the Department. untlI such, findings are. resolved to the satisfaction of the Department. 8. Open Meetine:s. The Recipient certifies that in approving this Agreement. it has complied with all the open meeting requirements of Chapter 14 of Title 50 of the OffiCial Code of Georgia Annotated. 9. No Ae:ency or Partnership. Nothing herein nor any actions of the parties hereto or their agents or employees shall create any agency relationship. partnership or joint ~enture. 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. i,l1. Satisfaction. In the event the Department determines. in its sole discretion. that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (iii) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal. state or local law. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. ,.: .' ,<' ~') Grant No. OO-C-L-524 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. 1. Sec. II. Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City oj LaGrange. 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett. the Supreme Court indicated that "religious" connotes faith in God. 153 Ga. at 433. or. as the dictionary puts it. belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification. and imports an organization for religious purposes. for the public worship of God." 153 Ga. at 433. "Sect". "cult" and "denomination" also relate to "a distinct organization." with "a common system of faith." "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization." but may also mean a "custom. practice. relationship. or behavioral pattern. of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to' conduct such factual inquiries as may be reasonably necessary to enforce it. and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the sup mission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire AIlreement. This Agreement. constitutes the entire agreement among and between the parties. There are no representations. oral or otherwise. other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. [Executions onfollowing page] . J ,. .; .' "-') Grant: No. OO-C-L-524 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. ' FOR THE RECIPIENT FOR THE DEPARfMENT OF COMMUNI1Y AFFAIRS By: ~~ fw ;;.ayor ~ By: Attachments: Exhibit A. MScope of ServicesM .,. 0" ~ ~~ '".l Grant No. OO-C-L-524 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County for operating funds for Augusta Youth .Center. . 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 seIvices by the named private eritity, 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 seIvices: The seIvices must provide the Grant Recipient with a substantial benefit.. . . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for seIvices in which the historical society promises that its historiGal displays will be open to the public during stated hours for a stated term. Ora grant for cataloging the society's papers ri1ight 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 ~;ubstantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. -.. "., -.I- ) STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this {p day Of~ '-'1 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 AUGUSTA YOUTH CENTER (hereinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of co~nunity Affairs and to Augusta a proposal to provide certain services as set forth in the Application for f~nding 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. Augus!=a agrees to appropriate to the Organization, and the Organization accepts, the sum of $25,000.00 (the "Funds"), to be paid to Organization upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the Organization agrees to perform the following services, which Augusta has determined renders a substantial benefit to its citizens, to wit: To provide an aftElr school program and a drug education program, thereby promoting public 1 .- 'I ....1 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: 1-/ 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; 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 .. " " ~ accounting principles. 4. The Organization shall hold harmless and indemnify Augusta, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its off:Lcers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.c.G.A. ~ 50-14-1, et seq.) if the Organization receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.c.G.A. ~ 50-18-70, et seq.). Organization shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 3 , o. (': ~ .~ ) 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 tre3sury, directly or indirectly, in aid of any church, sect, cult, or religious den:::>mination 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 1:he 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 orga.nization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "org'anization," 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 supernat~ral beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 4 .: 0,;; 1"'- .. - , \ 9. Organization certifies that Augusta has made inquiry of Org.:lnization as to whether it is "organized out of belief in God or other sup.~rnatural beings" and Organization hereby certifies to Augusta that it is not so l:>rganized 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. AUGUSTA, GEORGIA ATTEST, 4t; '/ C er Sworn to and subscribed before me this day of -;-1999. Notc.ry Public My Commission Expires: 5 .. . Office of The Clerk of Commission \ Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk , Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 May 2, 2000 Ms. Pat Jones, Administrator Augusta Youth Center 602 Third Street Augusta, Georgia 30901-2570' Dear Ms. J~ Enclosed is a check in the amount of $6,250 representing final payment of your FY2000 State of Georgia appropriations through the' Georgia Department of Community Affairs Local Assistance Grant Program. If I can be of further assistance, please feel free to call. Very truly yours, ',: Lena J. Bonner, Clerk of Commission Enclosure: Authorized pick up Ms. TimmOnS~ \::J Date ,~/ c.::< / 00 ' r {I . I"" II' 1. AJGUSTJ~-RICHMOND COUNTY COMMISSION 028826 DESCRIPTION. P.O. NUMBER. INVOICE NUMBER. INVOICE AMOUNT NET AMOUNT i.JOCAL ASSISTANCE GRANT 042600 6,250.00 0.00 6,250.00 . - . CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 028826 04/28/00 6,250.00 0.00 6,250.00 . .. _'~--i'r~~~9 ;~"~..i~,=~.....". . .. ..... III 0 2 8 8 2 b III I: Db ~ ~ 0 ~ J 7 5 I: b 8 J 0 ~ ~ 8 J 9 ~ III ..~o 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 11ROM: Lena J. Bonner, Clerk of Commission DATE: April 26, 2000 SUBJECT: Department of Community Mfairs' Local Assistance Grant Awards Enclosed is a check in the amount of $6,250 from the Department of Community Affairs r;;:presenting final payment of Augusta Youth Center's FY2000 Local Assistance Grant No. 00- C-L-524 appropriations. PleaSe issue an Augusta-Richmond County check to the Augusta Youth Center for the stated amount. Should you have any questions or need any additional information, please feel free to call. Ibank you for your continued assistance. E:nclosure: Check '4'''; . \ ;.... \ '" " . , .',.~ - 't.-'-',:', , INVOICE' , .NUMBER.' .' '.. "STATE OF GEORGIA . DEPARTMENT,OFCOMMUNITY AFFAIRS . ATLANTA, GA 'BANK 1100-1000 Check No: Check Dale: Check Total: 0000037171 04/14/2000 $6,250.00 ':,'.: Page 001 OF' 001 . ,,"VendorNo: 0000013727 '.' . Ye;,dorName: AUGUSTA-RICHMOND COUNTY GROSS AMOUNT DISCOUNT TAKEN AMOUNT PAID :041300625000 '04:; 13/2000' 000009934' 6,250.00 0.00 6,250.00 r +. 'f " :::: ". .;. -- ' .~;~~~jf1~:~'~~~~;;~i~'-,':i~ , : ';~":.::.:.';f: .,':;~'~.~ $6,250 . OO~ . r':~~;';"l;oid-~f; ~?~,; '-'~(,'" )"- ...~ .. ~ ' :?~~5:~?~ ; 11100000 j 7 I. 7 1.111 1:0 b 1.0000 1.01: 07 0 I. 7 L. b Sill ! ~ ,~'\ '. \ (1 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR April 17, 2000 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is the final payment in the amount of $6,250 under Local . Assistance Grant #00-C-L-524 to Augusta-Richmond County. If you have any questions, please call Amy Hill at (404) 679-3154. Sincerely, ~~ -l0 j de"J '(~. Jim Higdon Commissioner '~JH/j a Enclosure EQUAL HOUSINC; ~ . 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 * Recyc'led Paper .. ~ Office of the Mayor -I:' Bob Young, Mayor Room 806, Municipal Building 530 Greene Street, Augusta, GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us April 4, 2000 The Honorable Jim Higdon, Commissioner Georgia Department of Community Affairs 60 Executive Park South, NE Atla~ta, Georgia 30329-2231 Dear Comrriissioner Higdon: Enclosed is the following Local Assistance Grant Request for Final Payment: E ORGANIZATION Augusta Youth Center GRANT NUMBER 00-C-L-524 As Gllways, we appreciate your continued assistance in the administration of Augusta's grant awards. BY/lb Enclosures '- A City of Character ,. ~. , . "', ~\ . GEORGIA DEPARTMENT OF COMMUNI1Y AFFAIRS 60 Executive Park South, NE · Atlanta, Georgia, 30329-2231 r--:ugusta Youth Center ~IPIENT: LAGGRANT AGREEMENT NUMBER: OO~C-L-524 LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT GEA'ffiRAL 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 Laura' Jones at (404) 679-3154. CERTIFICATION: 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. Bob Young, Mayor Narnle and Tide Authorized Signature Date '" "'..'l..~ . ...:1 ...,,~ ~" ~:"~ '! ." ~r AUGUSTA YOUTH CENTER, INC. Pat Jon~s, Admini!';trator 602 Third Street Augusta, Georgia 30901-2570 (70~) 724-0362 Office (706) 724-9459 Fax BOARD OF DIRECTORS. March 29, 2000 - GEORGE AN/JERSI'JN President TO: Mrs. Lena J: Bonner FROM: Pat Jones, Administrator SUBJECT: Request for Final Payment IIIWE KLOSINSKI Vice President STEPHEN ~EDIIAN Treasurer Hi Lena, CHARLES DelAJEY This is a request for Final Payment of the remainder of our Grant. WlillAN JAEGER . . We.have completed the 75%. DR. SHRLB'I.BMS Wethankyou in advance for your help in this matter. .',L _ c- ~ .-. - ~~,~j\ _~._ .:.~ , R.Ev. DR. ROSA Wl.UAMS , ., . _'_-=----_..'_'____--o___.___~,_"_~ - . . '" . , . '.' I ,.:-~. , . ()V(S-lfj?e' r', / '1 ~, \ Application for Local Assistance Grant Loal Assistance Grants are made pursuanc co O.c.G.A. ~50-8-3(a) which provides in pertinent part: "The department shall make grants to eligible recipients or qualified local governments, which grants are specified by am~unt. recipient, and purpose in an appropriarion to the depdnmimt" 1. x'.:cipienc identified by che General Assembly in Appropriations Act: R,ichmond County 2. Amou.nc appropriated by General Assembly: $;15.000 3. Purpose of the Local Assistance Grant as specified by tb.e General Ass~~ me Appropriations Act: dperating funds for the historical preservation of the Delta Haus/in Ric'hmand County 4. Information Required by che Depamne11t or Community Affairs for Award: 4.. P!C:::lSe provide a detailed description or the project. location, type ofwork co be initiated. and for what purposes che funds "warded chrough chis gnnc would be used. Amen additional pages if necessary. b. PI9se provide J. budget for "he proposed pr~jc:cr, listing all cC:-/enues and e."Cpendicures. Loal Assistance Grant Project Revenues :f.~ ' J 0 I / J~:'OV I S7- ~ ()-(j -- . Project Expenditures 'b /.J: /!/_-: U J J: (j)!J 0 , Local Govt. Ocher '0) D dJ U I d/). c; c) G' )--; c c? J .f ~} '.7"- 0 .;"7,,," ii' 10w c. Prov-ide ~pecrc:d project scart up and -projec:: completion daces: rLL.. _ I - L.oou ~mp/etiD" D:;;- ~? -. -'-- 3J.. r BT""'-"g Dau y- 5. Comac: informacion: PleJSe ?rovici:: [he foHowing comact information for the gram. Name: t:Au~ /~ - ~)~ ~ Address: / J / G p)~ ~ ,ih~ G/1 Cicy: A- L-< 3~+~ Scate: 6'11- Zip: :$.. () q 0 / Tde?hone: 7 (J to - / 2, Y - ~~~imile: (s.~) E-mail: Name: . Address: City: Scate: . Zip: Tdephone: Facsimile: E-maii: G. Certification 1. the undersigned authorized re?rese:1utive or the tool government described in this appliation. certifY that to'the best of my kno ledge, the informacion in chis appliarion is aue and correct and the Local Assistance Grant subject co this appli n w be for me p, . oses outlined above. I further certifY the local governmem described in chis appli6ri e powe and authority ro apend funds for the purposes set forth herein. ~-,L1-!4- Dare Aumoriud &p=mrariv~ Cff~(.si7A1~ J'--/, f3C-m Name (pkz~ print) ~c:fZJ r Title For additional information or assistance. plc:lSe concact Amy Thompson at (404) 679-3154 or Bobby SCC'/ens at (404) 679-4943. ,~ . t' .. 5/99 MAtT16-0~ TUE ~2:42 PM LUCY CRAFT LANEY MUSEUM . ..~ . P.01 ... -:.~ -.... Lucy Craft Laney Museum (Delte House, Inc.) . -1-: ' ~ j I ;,. r -- --'~:~'. ,J .' I ~ - ~~~----' '~- ~ - " 1 ;' : -. ~.~ - - J ' . -- ,- . 1116 Phillips Street A Augusta, GA 30901 .+. 706-724-3576 VolceJFax M(1\Y 16~ 2000 Mrs. Lena Bonner Ckrk of Commission 530 Greene Street Room 806 Augusta, GA 30911 Dc:arMs. Bonner: This l~:lter is to request the remaining funds from the Delta House, Inc. Lucy Craft Laney Museum grant and the Delta House, Inc. Youth Leadership grant for FY1999-2000. We have expended all funds previously awarded for these grants. . Thank you so much for continuing to support our organization. Sincerely, Qh'(~lJY U:M~ Christine Miller-Betts E:l(ecutivc Director 't"i" ., . Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 June 13,2000 Ms. Christine Miller-Betts, Executive Director Delta Leadership Training Program Delta Historical House 11'16 Phillips Street Augusta, Georgia 30901 Dear Ms. Betts: Enclosed are checks in the amount of $5,000 and $3,750 representing final payments of your FY2000 State of Georgia appropriations through the Georgia Department of Community affairs Local assistance Grant Program for the Delta Leadership Program and Delta House, Inc. respectively. " In can of further assistance, please feel free to call. z~~~ Lena 1. Bonner Clerk of Commission Enclosure: vi AUGUSTA-RICHMOf'.\D 'COUNTY COMMISSION ., 031656 'd .. D~SCRIPTION ., P.O, NUMBER~' " INVOICE NUMBER: INVOICE AMOUNT'; . ., " : NET AMOUNT IUOCAL ASSIST GRANT 060600 3,750.00 0.00 3,,750.00 - - - CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 031656 06/09/00 3,750.00 0.00 3,750.00 -~ ~~-:.o. > ~d~_~7' III 0 1 .. b 5 b III I: 0 b 1. .. 0 1. 1 ? 5 I: b a 1 0 ..... a 1 g ... III ,\", ~ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. 0 Atlanta, Georgia 30329-2231 [Delta House Historical p~eservat~on RECIPIENT:. . LA GRANT AGREEMENT NUMBER: OO-C-L-414 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 UG 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 Thompson at (404) 679-3154. CERTIFICATION: 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 certiEy that all funds provided by this grant have been spent in accordance with the terms and conditions of the Agreement and that all the informatioh stated herein is true and accurate. Authorized Si ature Bob Young, Mayor Name and Title Date II .' GEORGIA DEPARTMENT OF COMMUNITY AFFAIR RECEIVED AUG 3 0 1999 (AUGUSTA-RICHMOHll COUlllY CQMMISSIOIll Jiim Higdon COMMISSIONER August 27, 1999 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: The attached contract when executed commits state funds in the amount of $15,000 for operating funds for the historical preservation of the Delta House. 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 ai1Y 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. a:rD:r Jim Higdon' Commissioner JH/ja Enclosure cc: Richmond County Legislative Delegation ~f/1o. O().(!-l-J(/t/ 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer EQUAL HOUSING ~ OPPORTUNITY L.:.J * 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: JWall@co.richmond.ga.us ULMER BRIDGES JERRY BRIGHAM HENRY H. BRIGHAM RICHARD L. COLCLOUGH FREDDIE L. HANDY WILLIAM B. KuHLKE.1R. WM. "WILLIE" H. MAYS. III J. B. POWELL STEPHEN E. SHEPARD LEE BEARD Mayor Pro Tern CHARLES R. OLIVER. P E. CPA Administrator MEMORANDUM To: Delta House, Inc. F.'om: James B. Wall D:lte: September 9~ 1999 The Attorney General issued a Memorandum to Jim Higdon, Commissioner .0fCommunity Affairs, on August 17, 1999 concerning local assistance grants for fiscal year 1999-2000. In that memorandum, he addressed two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, the contract must show the scope of services and how the scope of services is ill aid of a lawful activity whose benefit to the County is substantial. The previous contract which we have used with private entities, which you may have already signed, meets the first requirement, i.e., it is a contract for services; however, I am concerned the DCA may reject the earlier contract because it does not clearly show the scope of services as being in.aid .of a lawful activity with a benefit substailtially 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 ,requ,ired to conduct "such factual inqliires as may be reasonably necessary to- enforce" the sectarian aid prohibition. . Accofodingly, I have included a certification that your organization is not "organized out of belief ill God or other supernatural beings", which is a requirement for your organization being eligible for the grantfunds. Lhave attached two copies of 'fhe;,contract, since -we must provide one copy to DCA. The remaining copy is for the City's records. . Please execute,..bothcopies ofthecon!!act 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 1999, THIS AGREEMENT, made and entered into this ~ day of J?fdlA~, between AUGUSTA, GEORGIA, a political subdivision of the State ~, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "Augusta"); and DELTA HOUSE, INC. (hereinafter referred to as the "Orqanization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of comHunity Affairs and to Augusta a proposal to provide certain services as set forth in the Application for funding filed with the State, which is incorporated herein by reference; and WHEREAS, Augusta deems the services to be provided by the Organization as essential and necessary for the citizens of Augusta and acknowledges that the Organization can provide the services in a cost-effective and efficient manner; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreement between.the parties, it is agreed as follows: 1. Augusta agrees to appropriate to the Organization, and the Organization accepts, the sum of $15,000.00 (the "Funds"), to be paid to Organization upon execution of this Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. In consideration of such appropriation of the Funds, the Organization agrees to perform the following services, which Augusta has determined renders a substantial benefit to its citizens, to wit: To provide a program for historic preservation of the Delta House, a facility that is open to 1 . , .. ;. I the public and provides arts and sciences programs and facilities. Augusta has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: o Police and fire protection; o Garbage and solid waste collection and disposal; o Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; o Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; 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; ~ 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 accor~ance with generally accepted 2 , z .. 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 pro'iTided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. ~ 50-14-1, et seq.) if the Organization receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be.required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating to this Agreement and the services to be provided under the Grant may bea public record subject to Georgia's Open Records Act (O.c.G.A. ~ 50-18-70, et seq.). Orga.nization shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 3 .- . l 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 Supj~eme 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 (19132) . "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. "Insti tution" may have a similar meaning related to "or~ranization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the.grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 4 . , !~' f" 9. Organization certifies that Augusta has made inquiry of Org.anization as to whether it is "organized out of belief in God or other supl:!rnatural beings" and Organization hereby certifies to Augusta that it is not so l~rganized 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 reirnburse 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. AUGUS Sworn to befolfe m ~,.~ Uo . ~..". ." r" = =: ':. ,..t:.":"',,";,*' \~"':-t=: ~; "40 ........" '- .:- ~::-.: ~ ~";,.. ......I!' '~.., :$' ':/... '" ~. /.-\,.~ ~ -;1"'#1"' "'--..~ ~-\~' ~ J/t'7 ~:."'.~:,<\~":)~x 5 ,; .p..;......--,'!;... (~ Grant No. OO-C-L-414 STAT]!; OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS . THIS AGREEMENT entered into this 26u1 day of August 1999. 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 "Recip:ient") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; and . WHEREAS, the Department is authorized by the provisions of a.c.G.A. ~50-8-8 to grant and admin:lster 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 ackno\vledged. the parties agree and covenant as follows: 1. Scope of Project. The Department shall upon the terms and conditions contained herein'grant to Recipient. and the Recipient hereby accepts. an amount not to exceed $15.000 to be used solely for the purposes specified in the attached Exhibit A. which is incorporated herein by reference and made a part of the Agreement. 2. Accountability. The Recipient agrees to expend said funds solely in conformance with this Agreement and to account for said funds in accordance with generally accepted accounting principles. Any funds not expended for the purposes provided herein shall be returned to the Depa~ment. no later than completion of the project. 3. Disbursement of Funds. Subject to the availability of funds for such purpose. the Depart~ent shall pay the Recipient in accordance with the following payment schedule: $11.250 Within ten days of the Department's receipt of the executed Agreement. $3.750 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $15.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. -; Grant' No. 00-C-L-414 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 !345-10-28 and O.C.G.A. !336-67A(l) through !336-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally. the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Legallv Binding Act. The Recipient certifies that it is duly organized, validly existing and in good standing under the laws of the State of Georgia; that it has all the requis:ite 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 confonmance with all applicable laws to make this Agreement and actions hereunder valid. enforceable and legally binding acts of the Recipient. 7. . Monitorine: and Auditing~ Upon request. the Recipient agrees to provide the Department with any information. documents and/or photographs the Department deems necessary to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate books. records and accounts reflecting its administration of Agreement funds and compliance with all applicable laws. Such documentation shall be retained for at least three years from the completion of said project and shall be made available to the Department upon request. The Recipient further agrees that an accounting of these funds shall be included in the next regularly scheduled audit or financial statement of the Recipient and any future audits or financial statements until all expendlitures 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 Meetine:s. The Recipient certifies that in approving this Agreement. it has complied with all the open meeting requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated. 9. No Al;!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 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 Ag~'eement 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 Recipiept: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complei:e all or a portion of the actions required under the Agreement: (iii) has acted in any way qmtrary to the purposes for which the grant was awarded; or (iv) has violated any federal. state or local law. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. .. .. <0 ",. .' Grant Nb. OO-C-L-414 Page 3 of 5 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implem.entation 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. 1. Sec. II. Par. VII. . (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City of LaGrange. 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally. without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett. the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433. or. as the dictionary puts it. belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). ''The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes. for the public worship of God." 153 Ga. at 433. "Sect". ,"cult" and "denomination" also relate to "a distinct organization." with "a common system of faith." ;'holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization." but may also mean a "custom. practice. relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." . 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement. it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it. and the Recipient's acceptance of the grant constitutes a promise to do so. No act or f:lilure to act by DCA in regard to the submission will waive the requirement of compliance or preven~ the State from asserting noncompliance. 13. Entire A.l!reement. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise. other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have a~reed to said modification in writing. [Executions on following page] . , .. ,.'1:, .~ ~ , . " Grant Nt>>. OO-c-L-414 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: . l~ Mayor jfMJ Attachments: Exhibit A. "Scope of Services" FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS By: ~ . Commissioner ~. .'~...~, ., . . .. ." ", Grant No. OO-C-L-414 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Richmond County for operating funds for the historical preservation of the Delta House 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 ser;vices by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity. such as improvement of a facility. Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . . To :illustrate. suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to' conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It iE;'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. " ~j. MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: June 6, 2000 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed is a check in the amount of $8,750 from the Department of Community Affairs. Please issue Augusta-Richmond County checks to the following Local Assistance Grant recipients. ORGANIZA nON GRANT NUMBER GRANT AMOUNT Delta House, Inc. 00-C-L-414 $3,750 Delta Leadership Training Center OO-C- L-4 10 $5,000 These awards represent final payment of the total '00 grant award for each recipient. Please return all checks to me so that they can be forwarded to the appropriate agency. Thank you for your continued assistance. Enclosure: Check ~ , '" r.-:: ~ .. ". .., t. ,. ;~,r::;-.?.'~",\", .,:'::::.:;7"",::.;~'~::.-:~\~:~'.::$~':i:?I>:i::.-: ..;:.':(~~.~ ;;.' ';';;:~;'>.ST~i-E:9i= GE6'~G1..\ : ',~~t 'j;':'l::" ~i-::':',;' :' ~:. :}~:, .~\~.: j:<',,' :.,:' : ,Page..l 00 ~" .oF, 001.. - <",' ~; \:;'1;1;' ~~:,i.,~ ,',"~ .;':' ".DEPAR TM~NT. OF~:.'COtdMUN ITY ..AF ~ A IRS;,?," +;,,'_ ,Check N,?, ~- !""'. .:, .,.. ';.iocioCi038112 "'.1Vend~r.~o."',.;0000013727-';" ,"~-';'" '::l":i,,:". "J,' ~- .":,;':" -J',,'.' .' "~...y..,;' ',' ,;' "~~"'., .v',. ':':);c, .~..CheckDa\e:, .,",', <' '.,' :~05'124120'OO .I;,JY:...;. INVOICE <~ .)..',:.: . .,c; 'INVOIC E:;: ::, VOUCH ER . :A: ~ ~OOUSNST::.'i-. . \.'.:-,~ :,;~'.",_..'.'..".~.:...;...O,,~...'...I'TS'ACKOEUNN1:::.~:;.'...'..,:.:;.':.;j:,., '. ',:.'~. ".\.: :.~'.~;.:!A... '..MpOAU10N.,...,!,.. :'.:.:','.: "..:f.:':.',;:,,": 'l'7-":'-":"'NUMBER;,',.I"\ <;'~;OATE""":' .... ,'':'10 .~;.... IVI ,.' " " ','. :;: " '~'_~r;':~" :'" ~". "-<.}.-'. :,::...:.~....~~;... (','fj j,;'.'.r'~fl'.;'.::, "~),:.>f:i~.:.)t':::. . ,'.;.' ~~ .;--: ';":." ~ :__, ".:,' .'~':'~ ,"~ IJ523.00375000 '. -'>'-:>05/23/2000',.,F0000.11349 :' . ",'3750'00 IJ~23P.o50000.Q,.,:,,/'>05/2.3/..2,OO~~::;' 000,O.).,13pO <jii't'~::~~;.OP9,;OO 1,f.~.'.;.".",'..:'~~:\~'W':\~;';i1";,~,:,!.:.!..;."...:;,;.....\...'.:.'.;..;,.~,;:,..;. ';:::. .. .. ?::' - - . -: ,~.:. ~~:~~~~.~~/'". . ~. . , ~;, ,: .,; -~,~!,,;,:... f._" ~, .' . $ .,., ).r.~..~.:'>:;'~'.."".. ..;.,~.:~,~~~)~:~ ',r...~.. ,,;-:.":.:,..'.,; ~~,l:)':"".' ,j-'. ..,.... 11100000 :l8 . . 211m 1:0 b .0000 .01: O? O.? ~b Sill i ,. ~ ;'~ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR June 1, 2000 Honorable Bob Young, Mayor Augusta-Richmond County e;30 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is a check in the amount of$8,750 representing the final payment under the following Local Assistance Grants: Grant No. OO-C-L-410 Grant No. 00-C-L-414 $5,000 $3,750 If you have any questions, please call Amy Hill at (404) 679-3154. Sincerely, clJ ~ ~.sJ."J-c~ _._,~,-"~,---. -,..-_..--- _ .J. im, Hi$_don Commissioner JH/j a Enclosure / / , EaUAL HOUSINGi ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. · Atlanta, Georgia 3032.9-2231 · (404) 679-4940 www.dca.state.ga.us / An Equal Opportunity Employer * Recycled Paper ~ "i" GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR September 7, 1999 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street . Augusta, Georgia 30911 Dear Mayor Young: The attached contract when executed commits state funds in the amount of $40,000 for operating funds for the Souths ide tutorial after school program. I must call your attention to two provisions in this contract that based on advice from the Attorney G~neral 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. q;~ir Commissioner JH/ja Enclosure cc: Richmond County Legislative Delegation CJ EQUAL HOUSING ~ OPPORTUNITY L:.J ~;etVrr1l- 'iR7 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper ;0 i Application for Local Assistance Grant Local Assistance Grants are made pursuant to a,c.G.A. ~50-8-8(a) which provides in pertinent part: "The department shaD make grants to eligible recipients or qualified local governments, which grants are specified by amo.unt, recipient, and purpose in an appropriation to the department" 1. Rc:ci.?ient identified by the General Assembly in Appropriations Act: Richmond County 2. Amount appropriated by General Assembly: $40,000 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Operating funds for Southside tutorial after school program in Richmond County 4. Information Required by the Department of Community Affairs for Award: a. Plc::LSe provide a detailed description of the project, IOCl.cion. type of work to be initiated, and for what purposes the funds awarded through this grant would be used. Attach additional pages if necessary.> . b. PI~ase provide a budget for the proposed project, listing all revenues and e:'l:penditures. I: . local Assistance Grant Project Revenues 46. Ij tJZ> () C) yo, (j{/D Project Expenditures Local GOvt. Other 'focal c. Provide expected project starr up and project completion dates: - - --- B.ginning D"u Compution D"u " " r~ 5. Contact Informacion: Please provide che following conract information for che gram. Name: E, L ;'\ddre~s: I e; 3~ ~'J?1JJc.. I LJ /i tJe JJ... l?tj.4 4 City: IfL) 105(4- Telephone:7bi.-7'4-.1:J.. V 2-. Fa~imile: ?6L, 1'5"=-Sb71c State: (~.J4 Zip: "?0't 0 t, E-mail: Name: Address: City: State: Zip: Telephone: Facsimile: E-mail: 6. Certification !, the undersig ed authorized representative of the local government described in chis application, certifY that to the best of my 0 ledge, e information in this application is true and correct and the Local Assistance Grant subject to this appl' e us for che purposes outlined above. I furrhercertify che local government described in this applica '0 ite power and authority to expend funds for the purposes set forth herein. {;fA. L-L-U Dare E. I L _ ---ri;t)n1A<;'/ )L Name (please prim) Title For additional information or assistance, ple:lSe conract Amy Thompson at (404) 679-3154 or Bobby Stevens at (404) 679-4943, 5/99 i AUGUSTA-RICHMOND C6UNTY COMMISSION BOB YOUNG Mayor JAMES B. WALL CITY ATTORNEY P. O. Box 2125 454 GREENE STREET AUGUSTA, GEORGIA 30903 Bus,-(706) 821-2488 FaxNo. (706) 722-5984 E~Mail: lWall@co.richrnond.ga.us ULMER BRIDGES JERRY BRIGHAM HENRY H, BRIGHAM RICHARD L. COLCLOUGH FREDDIE L. HANDY WILLIAM B, KUHLKE, JR. WM, "WILLIE;' H. MAYS. III J. B, POWELL STEPHEN E, SHEPARD LEE BEARD Mayor Pro Tern CHARLES R, OLIVER, P E. CPA Administrator MEMORANDUM To: Southside Tutorial Fr'Om: James B. Wall Date: September 9, 1999 The Attorney General issued a'Memorandum to Jim Higdon, Commissi~ner of Community Affairs, on August 17, 1999 c,oncerning local assistance grants for fiscal year 1999-2000. In that m'ilmorandum, he addressed two issues and concerns. The first concern is for funds for a grant to a local government for the benefit of an apparently private organization. He concluded that the grants should be authorized only when the local government recipient makes the funds available to the private entity in the form of a contract for services. In addition, tht: contract must show the scope of-services and how the scope of services is in aid of a lawful activity whose benefiUo the County is substantia.1. The previous contract which we have used with private entities, which you may have already signed; meets the first iequirement, i.e., it is a contract for services;, however, I am concerned the DCA may reject the earlier contract because it does not clearly show the scope of services as being in aid of a lawful activity with a benefit substantially to the County. . Therefore, I have revised the contract to provide additional language in this -regard. Please review the 'scope of'services to insure it accurately states the purpose for which the grant willbe'utiliied, ; The second concern was the constitutional prohibition against paying funds -to, or contracting wi1h, a sectarian entity. We have been required to conduct "such factual inquires as may be reasonably. nec;essary to enforce" the sectarian aid prohibItion. Accordingly, I have included a certification that your organization is not "organized out of belief in God~or-6ther supernatural ~eings", which is a requirement foryour 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 YOllshould have any questions concerning either the scope of services or the certification, please call me. . . - -., '~~cret~rll rof ~ttttt C!tnr.pnratinn.s 1Diui.sinn ~uite 315. lIIlIIe.st mower 2 ;tIJllartin ilZutl1er il(ing 11 r. Dr. Atlanta, G;enrgia 30334-1530 CONTROL NUMBER: EFFECTIVE DATE: COUNTY REFERENCE PRINT DATE FORM NUMBER 9804339 . 09/22/1997 RICHMOND 0012 02/05/1998 311 E L THOMAS JR 752 AUMOND RO AUGUSTA GA 30909 " -" ""'" ". , '.', ,,'.-.. '. , , -",' I, Le\~i sA. Massey, t~eSecreta.ryof.:.~.t~te:and.the'CorporatiolJ Comm i ss i oner of the State, of Georg i a. do hej-ebY,;c~rt i f,Y: 'lJnder. th'e !j;e~l~ofrny,o.f.fJ ~ftha t . . "SOUTHSJDE.,OUTREAC/:l .COMUN /TY.: PROG~A~f I NC:~:: , :.A DoktSTJC.NONPROFiT..CORPoRAtION' ..... ..' " .-..,.:..-' ....". <"';-"':",~"'~' :'~.';.';.~'",' ,," . . has bE~en duly i ncor.'p:orated under the. la~s:o:f 'the/State ofG~ofg i ~.,on the effective date s;tated above :.bY" the .fi lirlg6f arti'cles oJ, inc6rpor~tion. in the office of the Secret.ary of State a 119 . by th'e paying of fees jas ..prclvic;led:by'.Title 14 of the f . ..... . '" . . ..,.... . .... Off i c j;a 1 Code of G~o,.gi a: Annotat'ed,: ::: '..': : "- WiTNESS my hand and ,off i c i at' se~'r in the'C\ty. o'fAtian'b and the State of Georg i a on the date set forth above. '.: . ,'. .. ~.. ~ d. AI~ ~IS A. MASSE~/' 0 SECRETARY OF STATE ;0." ~1;< -' Grant No. OO-c-L-487 STAT]l; OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 2nd day of September 1999. by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and Richmon9. County. a political subdivision of the State of Georgia (hereinafter referred to as the . "Recipient"). i' 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 bellf~ficial to the administration of programs to assist the citizens of the state; and \ , WHEREAS, the Department is authorized by the provisions of a.c.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and . WHEREAS, the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend funds for the purposes set forth herein; ~ NOW, THEREFORE, in consideration' of the mutual covenants' and warranties contained hereirj 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 Holely 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. I .; 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-487 Page 2 of 5 ,5. Conflicts of Interest. The Recipient warrants and represents that all of the officials, agents. and employees of the Recipient have not violated any applicable federal, state or local conflict of interest laws. ordinances. rules or regulations. including but not limited to. a.c.G.A. ~45-1O-20 through ~45-10-28 and a.c.G.A. ~36-67A(1) through ~36-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally. the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and LeI!a11v 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 requis:lte power apd authority to enter into this Agreement and to assume the responsibilities herein including the expenditure of funds; and that all necessary actions have been and will be taken in conformance with all applicable laws to make this Agreement and actions hereunder valid. enforceable and legally binding acts of the Recipient. 7. Monitorinl! and Auditinl!. Upon request. the Recipient agrees to provide the Depar1ment 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 financiial 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 Annotated. 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 perfonning any and all obligations under this Agreement. 'Ii 10. Termination. The Department ,may terminate this Agreement. with or without cause. upon fllve business days written notice to the Recipient. If at the time of tennination. any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. ;, 11. Satisfaction. In the event the Department determines. in its sole discretion. that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (it) has failed to complete all or a portion of the actions required under the Agreement; (iit) 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. OO-c-L-487 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). TIle "Sectarian Aid" clause prohibits the performance oLa public function through a contract for services by a religious organization. Bennett v. City of LaGrange, 153 Ga. 428 (1922) (city may not engag'e Salvation Army to conduct welfare program). This is true even if the program is c'onducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). Th.e 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 Colleg.e Edition 666 (1982). In other words the grant recipients may not contract for services with any entity 'organized out of belief in God or othersupernatural beings. It is a "comprehensive signifi.cation." 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 Al!reement. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise, other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. [Executions on following page] "': r.~ Grant: No. OO-C-L-487 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~~ Mayor Pro-Tern ~~ Attachments: Exhibit A, "Scope of Services" FOR THE DEPARTMENT OF COMMUN11Y AFFAIRS By: "" ~,' '. .....:-; Gran1t No. OO-C-L-487 Page 5 of 5 EXHffilT A The Local Assistance Grant shall be used by Richmond County for operating funds for Southside tutorial after school 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 historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . . It its a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. i', ' " '. :.,...~ .......;7. STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this I~ 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 SOUTHSIDE OUTREACH COMMUNITY PROGRAM, INC. (he:ceinafter referred to as the "Organization"); WIT N E SSE T H: WHEREAS, the Organization has submitted to the Georgia Department of Communi ty Affairs and to': Augusta a proposal to provide certain services as set fort:h 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 Orga.nization 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 determined renders a substantial benefit to its citizens, to wit: To provide an after school program to further public safety. 1 t , c Augusta has the power to perform such services under the Constitution of i:he 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: r~ 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; o Libraries, archives, and arts and sciences programs and facilities; o Terminal and dock facilities and parking facilities; o Codes, including building, housing, plumbing, and electrical codes; or o Air quality control 3. Organization further agrees to expend the Funds for the said purposes and to account for such Funds in accordance with generally accepted accounting principles. 2 i "' 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 pro'lided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.c.G.A. ~ 50-14-1, et seq.) if the Organization receives as a direct allocation tax funds which constitute more than 33 1/3% of its funds from all sources, it may be required to comply with the Open Meetings Law. Further the Organization acknowledges that all records relating to this Agreement and the services to be provided under the Grant may be a public record subject to Georgia's Open Records Act (O.c.G.A. ~ 50-18-70, et seq.). Organization shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 7. Organization certifies that it is a tax exempt entity under ~ 3 i --; 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 (19E:2) . "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. "Insti tution" may have a similar meaning related to "org'anization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The Ame:dcan Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. Organization certifies that Augusta has made inquiry of 4 j ,. , Org,anization as to whether it is "organized out of belief in God or other supl:!rnatural beings" and Organization hereby certifies to Augusta that it is not so l::lrganized 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. By: erATTEST' ATTEST: Title: Sworn to and subscribed before me this iJ.f.~ day ~ff:. ~aJ l . / Notary ub ic My Commission xplres: ~':b ~ aODO of . "'" ://. '- ....~ ~' .c:. r -.......-..0 ~ ~~ ~~~' ij.', .-~"'"..r-~ ~:. ,:;", "':,b-. '*" ".. ,. -.: -'!"- -: ~ :- " r--';" == . ".0 "1-"~~~ .,.,~. _: _~~ -::-- -' - ~..... ;...l.....':.. ~;'.:-: ~""1"': 4~ .. ~ .$ "f~~~'--C".._..9:" ~~~~..., _ .f i-y;''')' ~'''7:'\~ ':~~.i~<:.4- ~ ~..--/.,-,':;l 5 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 April 25, 2000 Ms. Mary L. Bogan, President Mr. E.L. Thomas, Registered Agent 80uthside Outreach Community Program, Inc. J! 930 Olive Road Augusta, Georgia 30906 Dear Ms. Bogan and Mr. Thomas: Enclosed is a check in the amount of $10,000 representing final payment of your State of Georgia FY2000 Appropriations - Local Assistance Grant award. If we can be of further assistance, please free to contact us. Very truly yours, dM Lena 1. B er, Clerk of Commission Enclosure: f Office of The Clerk of Commission LenaJ. 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 D~\ TE: April 4, 2000 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed is a check in the amount of $10,000 from the Department of Community Affairs. Please issue an Augusta-Richmond County check to the following Local Assistance Grant recipient for final payment of grant award. ~ ORGANIZATION GRANT NUMBER GRANT AMOUNT ,uthside Outreach Community 00-C-L-487 $10,000 Program Thank you for your continued assistance. En;;losure: Check AUGUSTA-RICHMOND COUNTY COMMISSION 028480 :1" DESCRIPTION' P.O. NUMBER" ,INVOI ER INVOICE.AMOUNT NET AMOUNT GRANT #00CL487 040400 10,000.00 0.00 10,000.00 I , - CHECK NUMBE,~ CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAJ", 028480 04/14/00 I 10,000.001 0.00 ,-- 10,000.00 - . ,.~...... "t~~~;\s:t.~~"'='\... ~~ ,~~~r~ ';':l,~i~~~ ~_/.~_ ..... -.' :.,~~O,~",:,~'t:::. "-~~~p-r- jo..;~\,~ ~;.b':~,fr' ,7'-';.<,:;:::' 84-137 611- ! ",': '", -, TO""'7-4A' ., ,.., I PAY'" ,: .1.; ~ I ",:tii)"TitE:: :. ;;SOUI'H8-IDE:'.,,::E>UTREACH \ it~~9'R ,-.. - -. I ~'''''.c',<, 0 I .~ \ '::r~':. '~>,~:.;:;'~~:'''~7i~~~> " -"" "-, ;;., .'~, ,Y("~' "j7.... ~.~.~ *'~~~i?~~~ij)Ii~'*' f~~i~~~:1~;"~~ . , }".:~: ' " "i$10 O:Q;O~NqCENTS :> "';~trl'~FTER" DAyS. \' ...-..: ' i;i":. ~~~ - ~'. '" 'Y~~~~a' REGIONS BANK OF GEORGIA . )"!;~t:'i' AUGUSTA, GEORGIA 1110 281..,80111 .:0 b ~ ~'O ~ ) 75.: b8 )0 ~ 1..,8) g 1..,111 j' Page 001 OF' 001. Vendor No: 0000013727 > Vendor N,ame: AUGUS T A - RICHMOND COUN TY STATE OF GEORGIA OEPARJMENT O~ COMMUNITY AFFAIRS . ATLANTA., GA BANK '1100;'1000 'Check No: Check Date: Check Total: 0000036638 03/28/2000 $10,000',00 INVOICE NUMBER 0324001000000,' . 0,00. AMOUNT PAID 10,000,00 03/24/200~ 000009292 GROSS AMOUNT 10,000,00 DISCOUNT TAKEN .'... 11-00000 ~ b b ~all- 1:0 b 1.0000 1.01: 07 0 I. 7 ~ b 511- ,t." GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR March 30, 2000 '~'--Honorable -Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is the final payment in the amount of $10,000 under Local Assistance Grant #00-C-L-487 to Augusta-Richmond County. If you have any questions, please call Amy Hill at (404) 679-3154. Sincerely, JH/j a Enclosure JMiulP W-wd EQUAL HOUS1Nl:l ~ OPPORTUNITY L:J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679.4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper 'OFFICE OF THE MAYOR BOB YOUNG, MAYOR ROOM 806, MUNICIPAL BUILDING 530 GREENE STREET, AUGUSTA, GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-MAIL: MAYORYOUNG@CO.RICHMOND.GA.US March 17, 2000 The Honorable Jim Higdon, Commissioner Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329-2231 Dear Commissioner Higdon: Enclosed is the following Local Assistance Grant Request for Final Payment: E ORGANIZATION Southside Outreach Community Program GRANT NUMBER 00-C-L-487 As always, we appreciate your continued assistance in th~ administration of Augusta's grant awards. 0lYYO~ ( Bob Young ~ Mayor BY/lb Enclosures " A CITY OF CHARACTER 1!~~:j;..:rJ~~~;,;'~:);~\~' c ," '.. - . ~;... .:. '.::0:'" r ~.;, ,-~_"; ; .~, .1' : " ,.' ' ." , ,.... -' ~ . - - " '.' . '.,.. .:.",'" r. -."\' ~ . GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, NE · Atlanta, Georgia, 30329-2231 " 'Southside Tutorial ~:CIPIENT:' LAGGRANT AGREEMENT NUMBER: OO-C-L-487 LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT This form is to be completed once you have fulfilled the scope of work as outlined in your grant agreement. Be sure to indicate the name of the Local Assistance Grant (LAG) recipient and the LAG grant number at the top of this form. The grant recipient is the entity that appears in the grant agreement and the grant number appears in the upper left-hand c?mer of the grant agreement. The certification statement below must be signed by the Chief Elected Official ot 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 Laura Jones at (404) 679-3154. . GENERAL INSTRUCfIONS: This is to request final payment on the Local Assistance Grant of the above referenced grant number. In making this request I hereby certify that the "Scope of the Project" as identified in Exhibit A of the above referenced Grant Agreement number has been completed. I further certify that all funds provided by this grant have been spent in accordance with the terms and conditions of the Agreement and that all the information stated herein is true and accurate. CERTIFICATION: Authorized' Signature E;ob Young, Kayar Name and.Title Date 1\ / '(/71 ~. .. ,':> ~ ..:;~ -' Southside Outreach Community Program, Inc. 1930 Olive Road · Augusta, GA 30906 · (706) 736-2242 March 14, 2000 Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Re: Request for Final Payment Form Southside Outreach Tutorial has completed 85% of our project, and we are requesting the [mal payment of our grant upon receipt of this letter. Your cooperation will be highly appreciated. Sincerely, .~~t.t;Jit (~l~ E. L. Thomas, Registered Agent Our MoUo: To Help Enhance Education \", ,~c...t:..-:..:.'" ' ..-/<; '\' . c_' , i '1 GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 r- , ' EASTVIEW RECEATION PARK ~:CIPIENT: LA GRANT . AGREEMENT NUMBER: 98-C-LB183 . . LOCAL ASSISTANCE GRANT " REQUEST FOR FINAL PAYMENT .". -. GENERAL INSTRUCTIONS: CERTIFICATION: Authorized Si ature Name and Title This form is to be completed once you have fulfilled the scope of work as outlined in. your grant agreement, Be sure to indicate the name of the Local Assistance Grant (LAG) recipient and the 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 Officialor 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 rclerenced' Grant Agreement number has been completed. I further certify ,that all funds provided by this grant havebeen.spentin accordance with the terms and conditions of the Agreement and that all the informatioh stated herein is true and accurate. , Date "'1 y ,l~"~' "~~ -. '~. 1~"/ " AUGUST A.RICHMOND COUNTY ADMINISTRATOR'S CFACC REQUEST FOR LOCAL ASSISTANCE .GRANT Georgia Department of Community Affairs 60 Executive Park South, NE · Atlanta, Georgia 30329-2231 Local Assistance Grants are made pursuant to a.c.G.A. g50-8-8(a) which provides in pertinent part: " The department shall make grants to eligible recipients or qualified local governments, which grants are specified by amount, recipient, and purpose in an appropriation to the department." 1. Recipient identified by the General Assembly. City of Augusta 2. Amount appropriated by General Assembly. S50,000 3. Purpose of the Local Assistance Grant as' specified by the General Assembly. Construct a recreation complex in east Augusta 4. Detailed description of your project. (Explain in detail the nature of your project andJor what purpose the Local Assistance Grant will be spent. Attach additional pages if necessary.) The Local Assistance Grant will be used for the enlargement of Eastview Comrrrunity Center. With the enlargement of the community center, a wider variety of activities can be offered to the community. For ins~ance, an after school program, a larger senior adult program, and summer day camp activities will be offered at Eastview Community Center. Also, with the enlargement of the community center, organizations such as the 25 Gents and the neighborhood w~tch will be able to utilize the facilit for community meetings. (See attachment for proposed enlargement) 5. (a) Expected proj~~t beginning date: 07 (b) Expected project completion date: 12 I .....ML I 9 8 I --1iL I 98 " '~~-, 'f " .1 - { i. 6. Please list any additional funding sources and amounts to be used on the project. (This information is for DCA records only-you are not required to provide additional funds to the project.) Source Amount Special Purpose Local Option Sales Tax $100,000 7. Name, address and phone number of a contact person(s) who can supply additional' information concerning your grant. Name Robert Howard Address P.O. Box 5596 2027 Lumpkin Rd. Augusta' City Tel#: (706) 796-5025 Name Ed Howerton Address P.O. . Box 5596 2027 Lumpkin Rd. Augusta (706) 796-5025 City Tel#: -a State GA Zip 30916-5596 State GA Zip 30916-5596 I, the undersigned, do hereby certify that the Local Assistance Grant will be used for the purpose(s) outlined above. c( I ,J/~ f t5' Date For additional information or assistance, please contact: Laura Jones (404) 679-3154 ~ it 'f, ~ - i, f,[' '! . ;~ ,/ ~ Grant No. 98-C-LB 183 " STATE OF GEORGIA COUN1Y OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS . THIS AGREEMENT en.tered into this 14th day of May. 1998. by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and Augusta- Richmond County. a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient") . WHEREAS, the State of Georgia. desires to pr()mote the health and welfare of its ci~ens; 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 authoriz~d by the provisions of a.c.G.A. 950-8-8 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; , iNOW, THEREFORE. in consid~ration 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 covenartt 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 $50.000 to be used s~llely for the purposes specified, in, the attached Exhibit A. which is incorporated herein by reference and made a part of the Agreement. :l. 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 cthepurposes 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 Departrpent shall pay the Recipient in a,ccordance with the following payment schedule: $37.500 Within ten <;lays of the Department's receipt of the executed Agreement. $12.500 Upon receipt by.the Department of written certification of project completion in accordance With .this Agreement. . $50.000 Total Disbursement 4. Applicable Dates. The effective dah: of this Agreement is specified on page one. ~, 'I " ;1 .1~, Grant No. 98-C-LB 183 Page 2 of 4 fj. Hold Harmless Obligations. The Recipient shall hold the Department. its agents and employees, harmless from against any and all'daims resulting from or arising out of this Agreement. including but not limited to, damage claims' for injury to persons or property. The Recipient has requested the funds herein and expressly acknowledges that the Department. its agents and employees. has neither assumed nor undertaken any legal duties to the Recipient or others except to provide funds as agreed to herein. The Recipient agrees to make no claims or demands against the Department. its agents or employees. for any damage that may result from or arise out of this Agreement. even if such claims or demands are made against the Recipient. E). Conflicts of Interest. The Recipient warrants and represents that all of the officials. agents acnd employees of the Recipient have not -violated any applicable federal. state or local conflict of interest laws. ordinances. rules or regulations. including but not limited to. a.c.G.A. ~45-10-20 through 1345-10-28 and a.c.G.A. ~36~67A(1) t~rough ~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. .Recipien~ have 'certified the same. '? Enforceable and Legallv Binding Act. The Recipient certifies that it is duly organized. validly existing and in good standing under the laws of the State of Georgia; that it has all the requisite power and authoritY to enter into this Agreement and to assume the responsibilities herein including the expenditure of funds: and t:hat a~l 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. 8. Monitoring and Auditing. Upon request. the Recipient agrees to provide the Department with any information. documents and/ or photographs the Department deems necessary to monitor performance of this Agreemenf . The Recipient agrees to maintain proper and accurate books. records and accounts reflecting it~ 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 aVclllable to the Department upon request. The Recipient further agrees that an accounting of these funds shall be included. in the next regularly scheduled audit or financial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient acknowledges and agrees that any unresolved findings of the Department. concerning expenditure of project funds. whether based on an audit n:port. 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. u'ntil such findings are .resolved to the satisfaction of the Department. H. Open Meetine:s. The Recipi~nt 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. 10. No Al!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 RecIpient is not an agent or representative of the Department. The Recipient shall be solely responsible for performing any and all obligations under tl:1is Agreement. 11. '. 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. '"1' .. c;._ -r ' " '1.-" Grant No. 98-C-LBI83 Page 3 of 4, 12. Satisfaction. In the event the Department determines. in its sole discretion. that the Recipient:, (i) has failed to comply with the teqns of this Agreement in a timely map.ner: (ii) has failed to complete all or a portion of the actions' requited under the Agreement: (iii) has' acted in any way contrary to the purposes for which the grant'was awarded: or (iv) ,has violated any federal. state or local law. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. 13. Entire Mreement. This Agreement constitutes the entire agreement among and between the parties. There are no representations. oral or otherwise, otherthan those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. ](N WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR AUGUSTA-RICHMOND COUNTY FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS By6 A~test:-f.:41taf}l~/!I/ ' . TItle: (; . e-u-O TIlII documtnl IllProvtd as ~{;~~i omey ala l Attachments: Exhibit A. "Scope of Services" ,I> By: n, Commissioner ~(j~ Attest: Title: .' . .. r, ,~ .. ,.. I' l' ~'1~ Grant No. 98-C-LB183 Page 4 of 4 EXHIBIT A The Local Assistance Grant shall be used ,by Augusta-Richmond County to construct a recreation complex in east Augusta. " , . .. " ... G . _~ 1"... ;~l !~) GtORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Zen Miller GOVERNOR May 14, 1998 p~ MAY 1 8 1998 Honorable Larry E. Sconyers, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 AUGUSTA-RICHMOND COUNTY ADMiNISTRATOR'S OFFICE Dear Mayor Sconyers: This commits state funds in the amount of $50,000 to Augusta-Richmond County to construct a recreation complex in east Augusta. After reviewing the agreement, please execute it by signing and returning two copies to me at your earliest convenience. I will sign for the Department and rleturn a copy to you along with a check .for $37,500 representing the first payment due under the contract. 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. JH/lj a Enclosure ce: Richmond County Legislatiye Delegation * 60 Executive Park South, N.E.. Atlanta, Georgia 30329-2231 · (404) 679-4940 An Equal Opportunity Employer tS:t EQUAL HOUSING oPl'ORT\JNm Recycled P'rper ~ ,. -07' .- - >> V\ ..c.4 IS'> - ~~ Co ~ <:> RECREATION AND PARKS TOM F. BECK, JR, DIREC70R V\y ~ t' ~ ~ ~ ~ RD, ASSISTANT DIRECTOR ~ ~ I. -j I -l 2027 LUMPKI P.O. Bo AUGUSTA, GA 309 I . (706) 796-5025 FAX (706)7::: ('") \FJ 1:> ~ ~ \A )-L____ -_._.,~t~ ~ I I I r i I I I I I I I m l> u'I ~ .( m .~ ('\ -I 1J r .\ I ~ 1:> '"\ o '" 0 -0 2. 'Q 0 ..h Ul 0 I'll 1 ~ :;::, -I l:>~;? ~ ~ 0 v, ~ ~ ~ ~ 11 -10 0 - ,~ -'t m ~. \j\ ~ .l> ('~,,,,\f\r;r l;ll/l-\ '1 ~ = '"' 1. 1.. CJ 5' V 7J o U o VI 11\ V JO Iii 2 () -< .~ --\ o 2. VI " ,:-' ;;-: ,,:":,>!' .-':~ ... RECREATION 'AND PARKS TOM F, BECK, JR, DIREC70R 2027 LUMPK: P.O. Be V\\) X - 1ft ('It ~ ; cti p, lit ROBERT HOWARD, ASSISTANT' DIRECTOR ...2-. AUGUSTA, GA 3091 (706) 796-5025 FAX (706)79 /"') v;) 1:> ~ ~ V\ ~ ^ ~ -\ ~ ~ ~ Co 17 ~ ..2.- ~ -.:)t;2' ,-. - ':I> V\ ..,(,4 '" .- ~~ 'Co ~ \:: I i I ~ I I , I I T"T'\ ~ V\ ~ <. m ~ o -i }3 m "\J 'T\ )C t" )> m Vl ...( 2 ... ('I - " I~ 1"- :>> \J ~. .1 0 c:. ,~ 1. I 0 -- ---___1 ,,""'. \ j ~; ,'j.' .:-, ;''', ',' ~. , ':r~J'~'::,~o;;~;,,', ,:,;':':,'f~;;:,:~c~.r~,-'-!';~'," . _".:~':. . i, ,:':,,1', /"';:.":.--: STATE OF' GEORGIA . . . ,','.':~o.EP.AR"TMENT' 'OF COMM~NITY' A'F~AI~~; ,:. " ' . ,-",+j:.,:'j:~" ':: '. ..,.."A, T,t,'ANn ""GA,'!" . .t:,' ,.... .'BANK '1100-1000' ,,' , GROSS AMOUNT- -:;'..g ggg ~'~i~~r:.;,::',~::~;V:': :::{:,::~jg:.~gg:: gg;. ."j , .. ~ -'.",' ".;-O"~ " ,'Pege 00 l' OF '00.1 . . . VEndor No: 0000013727" f .-:,vendor Name:. AUGUS.T A- R'I CHMOND" COUNTY," ( t " 00000495.71 ,'OB/O 1/200.1: $2,62,500:',90 ~1 ., e'; ;O~'-C- LB 12 :9f:-C~LB1B3i, ~ .; , ,: ,.' , , ~;:;:~~T,l _ ~-::~ I,~:''{',;~'>- pi,y,Ei<licuy. : ~~:;'.,.~ ," (" :~~* ~iUij,)i." ',&n. ..~"::J~~,~:,:~:,,:!~ijt1:,,j1~~;d,,:;:;~~;:i;::~~~~.".' : ),~.'frl. I','j ,\-'~\"~: ' ..:; 11100000 L. g 5? ~1I1 .:D(; ~OOOO ~O.: a? 0 ~? L.(; Sill \ . .' .~ . :"f' J' o 1'\ 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 shaD make grantS to eligible recipients or qU4lified local governments, which grants are specified by amount, recipient, and purpose in an appropriation to the department" 1. Recipient identified by the General Assembly in Appropriations Act: Richmond Courity . 2. Amount appropriated by Gene~ Assembly: $75,000' 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Improvements/construction for the Eastview Recreation Center in Richmond County 4. Information Required by the Department of Community Affairs for Award: a. Please provide a derailed 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. b. Please provide a budget for the proposed project. listing all revenues and expenditures. Project Revenues Project Expenditures . ,-~ - ,- - --;'T.oCll AsSistanc~ Grant - -.- ,-. Local Govc. Other Total c. P'rovide expected project start up and project completion dates: - - --- B~nning Daze Compktion Daze ~ \ 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 16, 2000 i\1r. Tom Beck, Director . Augusta Recreation Department Augusta, Georgia 30906 Dear Tom: Enclosed is an application form from the Georgia Department of Community Affairs regarding the Local Assistance Grant from the Fiscal Year 2001 State Budget which was awarded to your agency through the efforts of our local Legislative Delegation for improvements/construction for the Eastview Recreation Center. Please complete the highlighted areas on the form and return promptly to my attention. Should you have any questions or need any additional information, please feel free to call. Very truly yours, ~ Lena J. nner, Clerk of Commission Enclosures: 'i . 'I" GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COl\1;\<nSSIONER 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 $75,000 in Local Assist('.nce Grant funds for Richmond County has been included in the Amended Fiscal Year 100 L State Budget. A brief description of the purpose for the grant is included on the enclosed application fonH. To begin the paperwork nece:ss3ry to re~ei ve this grant, please complete in detail the attached application form a'1d retUf!l it to !T:Y office Once we have received and approved the applicatia:;, \At will forward a contract to you. We are delighted to assist you with your community development acti vities.[f you have questions, please contact Amy HiB at (404) 679-: 154 vI' Bobby ;~tevens at (404) 679-4943. Thank YOLl. Sincerely. &un OJ 8dCQJJ Jim Higdon Commissioner JH: bsa _.'_"'-"....~'.'_ -r "--- ~--- -f-" _ -_..-~~__.__._ _... Enclosure ' -'-'-~----'- -----.,--------, --- -~--_._,-- -----..........,..-,--..----- ----------..-,-.,.------,---~~-' .'-:' ",,-,~~.....--..... --',- . . . . , 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper EQUAL HOUSING'~ OPPORTUNITY L:.J '; iO Application for Local Assistance Grant 1. Recipient identified by the Genei'al Assembly in Appropriations Act: Augusta/Richmond County 2. Amount appropriated by General Assembly: $75,000,00 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Improvements to a recreational facility and adjacent facilities in Augustl/Richmond County 4. Infonnation Required by the Department of Community Affairs for Award: a. Please forward a detailed description of the project, location, type of work: to be initiated, and for what purposes the funds awai'ded through this grant would be used . .' , . .', .." '.. , This project will include the demolition of an old park house strUcture and the conStruction of a new 3,720-sq. ft. community building. Along with this construction will be severnl elements such as grading, asphalt paving and associated parking improvements, utility work, landscaping, fencing, ball field lighting improvements and playground improvements. Project budget is as follows: Total budget: $510,000.00 SPLOST Phase ill $100,000 CDBG Funding $240,000 Local Assistance Grant $ 75,000 Other GLAC Grants $ 95,000 Expenditures to date (7/31/00) $ 21,201.13 Revised Budget $488,798.87 Estimated Project Cost: NE: . Contingency: . Total: $433,975.00 $ 29,950.00(6.9%) $ 24,873.87(5.7%) $488,798.87 b. Please provide a budget for the proposed project,. listing all revenues and expenditures. Local Assistance Grant Local Govt. Other GLAC Grants Total Project Revenues $ 75,000.00 $318,798.87 $ 95,000.00 $488,798.87 Project Expenditures $ 75,000.00 $318,798.87 $ 95,000.00 $488,798.87 c. Provide expected project start up and project completion dates: , 10-1-00 05-31-01 .... ...., .. ,_:.,~___,~~,_,_,.BeginningDate___~_,_,-:-_._~_:.Complcrion Date.. _ ----:-.____ _-:-__:__'_.,_. __..,_~'~'~n,.. 5. Contact Infonnation: Please provide the following contact information for the grant Name: Address: Ron Houck PO Box 5596 2027 Lumpkin Road Augusta, State: 706-796-5025 Fa.,,<: Georgia 706-796-4099 ZJp: 30916-5596 E-Mail: rh7792@co.richmondgaus City: Telephone: ~ 'i' . l' 6. . Certification I, the undersigned authorized representative of the local government described in this application, certify that to the best of my knowledge, the information in this application is true and correct and the Local Assistance Grant subject to this application will be used for the purposes outlined above. I further certify the I ovemment descnbed in this application has all requisite power and authority to expend fundS for the ses ,.," t fO? herein. . &~ 8/18/00 '/ ~( Om o Name (please print) Mayor Title Office of The Clerk of Commission.. August 16, 2000 Mr.. Tom Beck, Dire<::tor Augusta Recreation Department Au~:usta, Georgia 30906 Dear Tom: 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 Enclosed is an application form from the Georgia Department of Community Affairs regarding the Local Assistance Grant from the Fiscal Year 2001 State Budget which was awarded to your agency through the efforts of our local Legislative Delegation for improvements/construction for the Eastview Recreation Center. Please complete the highlighted areas on the form and return promptly to my attention. Should you have any questions or need any additional information, please feel free to call. Very truly yours, 41, Lena J. nner, Clerk of Commission End osures: --- -~"~--- ~--.. -, -~----- . . . ~ " GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Dnv J<: Rarnes September 1, 2000 ~I/l aU 1{~1/t1'4 ,\lOR Honorable Bob Young Ma:/or of Augusta 530 Greene Street Augusta, Georgia 309 I I Dear Mayor Young: The attached contract when executed commits state funds in the amount of $75,000 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 grant fall into that category, I again urge'that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning the two copies to me. I will then sign for the Department and return a copy to you along with a check re~resenting 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, Sine. erelYjJ' ~ . ~~ ( ~ .' ~ , .-.,.,', ~(. f~ .___: ,-~,--~RfCEI~VF~~' __ _~ _.' Jim Higdon . , ,_ U Commissioner ~F"P 05 2000 JH/cm Enclosure cc: Augusta County Legislative Delegation Mayor's UfjiC6 Augusta-Richmond County eQUAL HOUSING 1~ OPPORTUNITY ..:.J 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 . (404) 679-4940 www.dca.state.ga.us An Equal Oppommity Employer * Recycled Paper Grant No. Ol-C-L-431 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS TIDS 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"). WHEREAS. the $tate 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 bene:ficial to the administration of programs to assist the citizen's of the state; and WHEREAS. the Department is authorized by the provisions of O.C.G.A.S50-8-8 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 authqrity to enter into this Agreement and expend funds for the pUI-poses 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 $75,000 to be used solely for the purposes specified in the attached Exhibit A. which is iricorporated 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: ,$56,250. ____ Wit4in. ten..days.oLthe,Department's,receipt of the"ex:ecuted~__-:_____~____ Agreement. '. $18,750 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $75.000 Total Disbursement ,i. Applicable Dates. The effective date of this Agreement is specified on page one. Grant J~o. 01-C-L-431 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, ru~es or regulations. including but not limited to. O.C.G.A. 945-10-20 through g45-l0-28 and O.C.G.A. 936-67A(l) through S36-67A(4) and that the aforementioned parties shall continuously comply With the same throughout the term of this Agreement. Additionally. the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Lel!allv Bindinl! Act. The Recipient certifies that it is duly organized, validly existing and in good standing under the laws of the State of Georgia; that it has all the requisite power and authority to enter into this Agreement and to assume the responsibilities herein including the expenditure of funds; and that all necessary actions have been and Will be taken in conformance With all applicable laws to make this Agreement and actions hereunder valid. enforceable and legally binding acts of the Recipient. 7. Monitorinl! and 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 applica.ble laws. Such documentation shall be retained for at least three years from the completion Of said project and shall be made available to the Department upon request: The Recipient further agrees that an accounting of these funds shall be included in the next regularly scheduled audit or fmancial statement of the Recipient and any future audits or financial statements until all expend.itures 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.!!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 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 flve business days written notice to the Recipient. If at the time of tennination. any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. -- , __.J.J... _ Satisfaction. In,ti1e_ event .t:h~ ,QepWment. determines.__in_its. sole..piscretion. _thaLthe,__.., Recipient: (i) has failed to' comply With the terms of this Agreement in a timely manner; (H) 'has failed to complete all or a portion of the actions required under the Agreement; (Hi) has acted in any way contraJ:Y to the purposes for which the grant was awarded; or (iv) has violated any federal. state or local law. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. .... '. . Grant No. 01-C-L-431 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. AU'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" w~ich distinguish it. "Institution" may have a similar meaning related to "organization." but may also mean a "custom, practice. relationship. or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out.of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Wi.thout limiting any other provision of this grant agreement. it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13.. Entire A.l!reement. This Agreement constitutes the entire agreement among and between the parties. There are no representations. oral or' otherwise. other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. . [Executions on following page] . -.----- - _. ---- -,,-- --'-._.~~-~-~-,-- .--- - - --~~--_.- --_._~--..-__..- _--,._'_ _ -__OT__'___ ~_'__""""'___'''''''_''',_ _ ._--,.._,_ , ,., . Grant No. Ol-C-L-431 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT FOR THE DEPARrMENT OF COMMUNI1Y AFFAIRS By: By: :.~~ Attachments: Exhibit A, "Scope of Services" -..,,~,-_ ~".,. '.----,,~~=-c------.--.---~..-----<---.--,~,_....____:__ _--:-___:-____ -:_,___--:--'-.__ __ _~_---=--_ _~_..........--_ .~__!-'-_....._-=-_._..._...: _'-'-_--;-_, _ ~~ , ,~ , , <., .. Grant No. Ol-C-L-431 Page 5 of 5 EXHmIT A The Local Assistance Grant shall be used Richmond County for improvements/construction for the . Eastview Recreation Center in Richrriond County. · If tJ.~e preceding statement of purpose designates a private program or entity for accomplishing its purpose. the purpose must be accomplished through a contract for services by the named private entity. or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity. such as improvement of a facility. Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. · To illustrate. suppose the appropriation is for.a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. · It is.a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. ..... --_. - .,.......-----....-- --.-......---.--.,,--- --.--'--------------- --- -~~.~--r-- -___ _~_--..' " ; ! i Office of The Clerk of Commiss~on Nancy Morawski Deputy Clerk i Room 806 ~ Municipal Building 530 Greene Street - A~GUsrA, GA. 30911 (706) 821-1820 - ~AX (706) 821-1838 , Lena J. Bonner, CMC Clerk of Commission July 18, 2000 Honorable Charles W. Walker, Majority Leader State Senate Stateof Georgia P.O. Box 1282 Augusta, Georgia 30903-1282 Dear Senator Walker: Enclosed are the Department of Community Affairs' Local Assistance Grant applicati~:m forms for the Fiscal Year 2001 State Budget for the following organizations } ,~' ORGANIZA TIONS Augusta Ballet .5i; ,,- f.8 Delta House, Lucy Laney Museum Eastview Recreation Center Safe Communities Coalition of Augusta National Legacy Foundation CSRA Economic Opportunity Authority ~.-dA\ Delta Leadership Training Program Lucy Laney High School Souths ide Tutorial Program AMOUNT OF GRANT AWARD, $20,000 $20,000 $75,000 $20,000 $150,000 $40,000 $16,000 Application sent to Board of Education by DCA $32,000 ~I t= ; Once the applications are completed, please return to my attention and I will h~ve them forwarded to DCA along with a cover letter from Mayor Young. Also, please have th~ enclosed contracts execute by the agencies, which is needed to aid in the release of funds. All of the grant awards will be returned to you for distribution. - -- -- -- --'-' Should-you have any. questions,or need .any,~l(;lgitioJt~LinfoI!!!a~,~n.'J)I~~~_~~~~_Er~~__~<?_c~_~~__ ___ :Enclosures: . ; i UJ liB _ Itl . II' ~ ~!~ INVOICE: NUMBEFl . INVOICE. DATE . STATE.oF GEORGIA DEPARTMEN.T OF COMMUN I TY AFFAIRS ATLANTA'. GA BANK' noo~ 1000 GROSS' AMOUNT . 7,50a.00 , '. 1'875 00 15.~00a' Co. 30:000.:00.' . '12 000 00. 15:000.:00. 18,.750.. CO 18' 750. 00. 58 :.250.: 00. . g:., 375.. Co. ChOCk No,'" Check Dale: Check Total:. bCo.0041~0.5 ., ()9/27/7000. .$:184.;500.:,0.0. Page 001 OF CIO 1 Vendor No: 00CIOD13727 Vendor Name: AUGiUSTA-R ICHMo.ND COUNTY 01-C-L-422 ;C1-C-L-423 01-C-L-424 0.1-C-L-425 C1-C-l-426 D1:-C-L-427 '0. 1-C-L -428 'Dl-C.-L-429 o.1-C-l;-431 0.1-C-L-432 0.9/28/20.00. 0.9/26/20.0.0. 0.9'/28/20.00 C9/26/2CCC~; 0.9/26/20.0.0' 0.9/26/20.0.0.:'" , 0.9/28/20.0.0.:" 09/26/20.0.0. 0.9/26/20.0.0... 0.9/26/20.0.0. 00.0.0. 160.83. 0.0.0.0.16128 0.0.0.0.180.78 .; 0.0.0.0.16130. 0.00.0.'16137 0.000.111'134' . . 00.0.0.:160.80.. . 0.0.0.0.11;.132 '0.0.00.160.82 0.0.0.0.16136' ';",: 0..:00; a co., 0.':0.0::: 0.,0.0: 0..0.0:' 0.0.0.'..' 0:,0.0.; C'.CQ~' 0..0.0.. 0., co', . ::-:'''J::'i:;':sOO;{Oo. ':, . . t.> t .,8-75.,0.0. .' ::]15~.OCO,,;Oo. .' .,3Q;.~QC(LOo.. .' /::-J ~~.}ggg~:gg . .' 'PS;:.;.:T5o.l:.Oo.: ::( 18';,.750.:; 0.0.' :56:.:250::,0.0 j;: 9'.3.75<0.0. '..' . ,r:.; .' ". ,,;. ":;""t.:." , ~ . ~~:;'.:~. ~ ." : :': ,:",;,:...':.!::~t::. '.",;, '-i.~, ;.,.. ~;;::': . i!,1",'~,~":,~,'.:.lf!.4~.L,~,'!!.;,.':;.1;.'",,, .i:~~';: ., ;" '~?:;:? r ~ " .~~;i;:~~~:' ,.;.~. "/ ,r.y,' :.,:.:..::"..; ~'!.J . ~f0f:~~~,r.~~:::~:~:~~".;,.,2r~Xti~o~~~:~~~~, $,184,500,o.o.'i; ;j11iLt~~;,:..~L",~~II'~ 11'00000 L, * SO SU' ':0 b .0000 .01: 07 O. 7 L, b SII' --':4 - _. ....~ ,-'.-' -~---_._,___,__o _.... APPROVED APR 0 6 1998 L. 9c:J ~ Motion to authorize the Mayor to execute' contract with the Department of Community Affairs subject.to the approval of Legal Counsel and the Administrator for the attached sub-recipients grant awards. ~ ?\li~ ' . ( 5CJ oo-a r ~C-Qi~~ -3 7 5cSD I 4, 5f G-(:TO 'A'-:1. 7CO() ~ /1 r. - S G ~ Sa ( ~ 127/ Sou -- ~/r-- ~. ~:.:;7 '--..-iC) U ' ( J 1 SOCO -------- ------- ---_._----~---- -~ ~,--.",,~,,----- - ~ --"'----...-------- , - " -, ,. ,.--~-,-.,,' .'-..- 0 '~ri'R' ,. ,_,0' ("'-,.._~----.---....,~-_....... _ ~"-"":':'"T,-.~""r.-:"'~""'~,~:-7;'_":_''-'''~-';':::~J_':'~:' ::":i-".h:~." '''. ~....,;,."..."", ,O~o",' :' .: .'. yf: "U:~\I~UI-nl,", 1111'" IU VVUI ny ~"~~RAM,. L~al Assist~nc I j ,,y- '''FY 98 . W ~ DESCRIPTION . _ AMOUNT $2~i,OOO 6: 1 J;J -7 ~ nlvnlVIVI~U Operation of Augusta-Richmond Opportunities Center's after school program NAME Augusta-Richmond County PROGRAM Local Assistance FY 98 ...J ').~~ . V" ~rvUivtJ AMOUNT $5(),OOO . '1)t\ I ~} .. ~ usta Housing Authority , PROGRAM Loc:al Assistance FY 98 RICHMOND .,'/>\ 1S\.~ f?O,ODU DESCRIPTION Construct a . recreation complex in ~ast,Augu.sta RICHMOND of Golden Harvest Food Bank NAME Augusta-Richmond County RICHMOND PROGRAM Local Assistance J!4 'D FY 98 \Gte?' iSO DESCRIPTION Purchase of property tor the Southeastern AMOUNT $2!),OOO <r ~~\ ~\1 , Firefighters Bum Foundation ~..A~ NAME Augusta-Richmond coun~~ ?> \)~~\:!' RICHMOND PROGRAM Local Assistance (l.: ~ ~ FY 96 " '~, f i) \}:J~ DESCRIPT10N Lighting for West Augusta Little League V:; ~ t/~ AMOUNT $1 ;~,ooo "~ C\ ~~ NAME Augusta-Richmond County RICHMOND ~ROGRAM Local ASsistancen.,~ .qj(~ j)\ . . . FY 98 ~ Jll'J:~b~bESCRIPTION Lighting for Master City Uttle League AMOUNT $1:~.OOO L\% NAME Augusta-Richmond County RICHMOND ::lROGRAM Loc:al Assistanc~ J. FY 98' ~~rot)1)\ (h'fjl RESCRIPTION Operations of Hope House for Women ~\ S 1 ~ ~v :tr'7,fk . ~MOUNT $21),000 ; o..~" ~~ i-Vr-~ .' . NAME Augusta-Richmond County RICHMOND PROGRAM LOGal Assistance gec'~~ . . FY-~ 98 ." '. u. ,.,~. ~DEsCRriON-op;~~ti~n ~T~o~fnunitY based'programs'-~-'~-'- ----.-- AMOUNT $1:20,000 -. .~ \' \' (~ '. ;.h Grant No. 98-C-LB183 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS 'rIDS AGREEMENT entered into this 14th day of May, 1998. by and between the Department of Community Affairs of the Sta,te of Georgia (hereinafter referred to as the "Department") and Augusta- Richmond County, a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient") . . W'HEREAS, the ~tate 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 W'HEREAS, the Department is authorized by the provisions of a.c.G.A. 850-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and expend :funds for the purposes set forth herein;. . NOW, THEREFORE. in consideration of the mutual covenants and warranties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. the parties agree and covenant as follows: 1.\ Scope of Project. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts. an amount not to exceed $50,000 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 Departrr.lent. 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: $37.500 Within ten days of the Department's receipt of the executed Agree,~~nt~,,~,_ '___"'~"_'''_'__''__'_'' ___,______ "_ ,__, -c- ___ __.___' Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $12,500 $50.000 Total Disbursement 4.. Applicable Dates. The effective date of this Agreement is specified on page one. '\ ~I .~ ,t :, " Grant No. 98-C-LB183 Page 2 of 4 !5. Hold Harmless ObIil!ations. The Recipient shall hold the Department. its agents and . employees. harmless from against any and all claims resulting from or arising out of this Agreement. including but not limited to. damage claims for injury to persons or property, The Recipient has requested the funds herein and expressly. acknowledges that the Department. its agents and employees. has neither assumed nor undertaken any legal duties to the Recipient or others except to provide funds as agreed tei herein. The Recipient agrees to make no claims or demands against the Department. its agents or employees. for any damage that may result from or arise out of this Agreement. even if such claims or demands are made against the Recipient. H. Conflicts of Interest. The Recipient warrants and represents that all of the officials. agents and employees of the Recipient have not violated any applicable federal. state or local conflict of interest' laws. ordinances. rules or regulations. including but not limited to. a.c.G.A. 845-10-20 through 845-10-28 and a.C.G.A. 836-67A(1) through 836-67A(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. 7. Enforceable and Lel!a11v Bindinl! Act. The Recipient certifies that it is duly.organized. validly existing and in good standing under the laws of the State of Georgia; that' it has all the requisite power and authoritj 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. 8. Monitorinl! and Auditinl!. . Upon request. the Recipient agrees to provide the Department with any information. documents and/or photographs the Department deems necessary to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate books. records and accounts reflecting its administration of Agreement funds and compliance with all applicable laws. Such documentation shall be retained for at least three years from the completion of said project and shall be made available to the Department upon request. The Recipient further agrees that an accounting of these funds shall be included in the next regularly scheduled audit or financial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient acknowledges and agrees that any unresolved findings of the Department concerning expenditure of project funds. whether based on an audit report. financial statement. project completion report or independent investigation of the Department. shall preclude the Recipient from applying for or receiving any further grants or other funds from the Department. until such findings are resolved to the satisfaction of the Department. ~~. Open Meetines. 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. 10. No A.e: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 Recipient is not an agent OL representative, of the Qepartment._ __ The, Re_cipienLspall_ be_ ~()l~ly'___, _ respons:ible for performing any and all obligations under this Agreement. lll. 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. 't ..,.';: ,'1 1 ~ . Grant No. 98-C-LB 183 Page 3 of 4 . 12. Satisfaction. In the event the Department determines. in its sole discretion. that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (iii) has acted in any way contrary' to the purposes for which the grant was awarded; or (iv) has violated any federal. state or local law. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. 13. Entire Mreement. This Agreement constitutes the entire agreement among and . between the parties. There are no representations. oral or otherwise. other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. ](N WITNESS WHEREOF. the parties hereto have executed this Agreement as of the date first written above. FOR AUGUSTA- RICHMOND COUN1Y FOR THE DEPARTMENT OF COMMUNI1Y AFFAIRS By6 By: Attest:~dflflM1$/ . TItle: L e.u-O Attest: Title: ~{)~ Attachments: Exhibit A. "Scope of Services" ~-- ~,~~ - - --- .,;..-.- .... . , .li .~ '. -- ~ .,;t. r:J Grant No. 98-C-LB183 Page 4 of 4 .. EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County to construct a recreation complex in east Augusta. . -.. ......--_. -_..~._~- _.__._-2.._._ --.-~---__. _.._ _.. __. _ __ _~ _ _ _ __._ _ ___..~ .____. _ __o..~_ .___ __. _~_O__U __. _ L_O _~__~_~. _ _. ..... . '_0 ~___ __._ ._., __ _ '.. _'.__"P _ . :-\ ""~. " STATE OF GEORGIA GRANT CERTIFICATION FORM 4~" '.1' As required by House Bill 1364 of th~ 1998 Session of the General Assembly, each grant of state funds to a l?cal 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 <:ertification form. One Grant Certification Form should be prepared for each grant awarded to the local government. The Grant Certification Form(s) should be submitted to the State Auditor with one cPpy of the annual audit report. Questions concerning the preparation and submission of this form should be referred to Local Government Audit Section of the Georgia Deparfment of Audits and Accounts. Instructions for Completion 1. Complete lines A through K on page 2 of this form: Please note that one form should be used for each grant from the governor's emergency fund or from a special project appropriation. 2. The appropriate officials should sign and date the section entitled "Certification of Local- Government Officials." 3. Attach Independent Accountant's Report. . 4. Mail the Grant Certification Form (including Independent Accountant's Report) with one copy of the aud,ited annual financial report to: State of Georgia, Department of Audits and Accounts Local Government Audits Division 254 Washington Street, S.W. Suite 322 Atlanta, Georgia 30334-8400 5. If the local government meets the eligibility criteri.a for an agreed upon procedures engageinent in accordance with the provisions of the Official Code of Georgia Annotated Section 36-81-7, the local government is responsible for ensuring that the proce~ures performed by the independent certified public accountant are sufficient in scope to enable the CPA to complete the Independent Accountant's Report. These procedures include examination of grant application and award documentation to become familiar with the terms and conditions of the grant; verification of receipt of grant proceeds; arid evaluation of the local government's documentation of expenditw'es. The purpose of these procedures is to comply with the provisions of House Bill 1364-requiring certification that the grant funds were used solely for the express purpose or purposes for which the grant was made. 6. Wh~:ther the local government engages an independent certified public accountarit to perform an audit or perform the agreed upon procedures, for purposes of meeting the requirements of House Bill 1364 the independent CPA should be engaged to examine management's assertion of compliance with the requirement to use grant funds solely for the express purpose or purposes for which the grant was made. The independent CPA should conduct the engagement in accordance with the standards for examination engagements for compliance attestation contained in the CodificatIon of Statc~ments on Standards for Attestation Engagements. _ 7. This form and the accompanying Independent Accountant's Report is required to be filed with the state auditor in conjunction with the annual audit for each year in which grant funds are expended or remain unexpended by the local government. 8. Questions concerning the provisions of House Bill 1364, the State of Georgia Grant Certification Form, or attestation engagements should be referred to Edward Blaha, Deputy Director, Local Government Audit Section, at the address. listed above; telephone (404) 651-5115; fax (404) 651- 5608; or e-mail blahaef@mail.audits.state.ga.us or. ;" .:" '. STATE OF GEORGIA GRANT CERTIFICATION FORM A Local Government B Information For Year Ended ! . C State Awarding Agency , D Grant Identification Number ; E Grant Title F Grant Award Date G Grant Amount H Balance - Prior Year (Cash or Accrued or Deferred . Revenue) I Grant Receipts or Revenue Recognized J Gr;mt Disbursements or Expenditures K BaIance - Current Year (Cash or Accrued or Deferred Revenue) (Line H + Line I - Line 1) Certification of Local Government Officials I have reviewed the information presented above and certify that.it is accurate and correct. I further certify that the proceeds of the grant award identified above were used solely for the express purpose or purposes for which the grant was made. I understand that failure to comply with the provisions of the law applicable to this grant award shall result in a forfeiture of such grant and the return to the state of any such grant funds received. Signature: of Chief Elected Official Date Signature of Chief Financial Officer Date 'i ~ ".\.,~ .. Indeoendent Accountant's Reoort - - - 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 I express an opinion on management's ass~rtion about the [name of government]' s compliance based on our examination. . " Our -examination was made in accordance with standards established by the American Institute of Cert:lfied P:ublic Accountants and, accordingly, included examining, on a test basis, evidence about [name of government]'s compliance with this requirement and performing such other proc'edures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on [name 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. AI 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 MEJVIORANDUlVI TO: Ms. Donna Williams, Interim Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: July 25, 2001 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed are checks from the Georgia Department of Community Mfairs in the amount of $33,125 and $5,000, which represents [mal payment of following grant awards. Please issue Augusta-Richmond County checks to the following Local Assistance Grant recipients: , ORGANIZATIONS GRAJ.~T NUMBER GRAi~T AMOUNT Augusta Recreation 01-C-L431 $18,750 Eastview Park . Augusta Recreation 01-C.L-323 $11,250 Eastview Park Safe Communities o I-C- L-652 $ 5,000 CSRA Transition Ctr. Ol-C-L-432 $ 3,125 Thank you for your continued assistance. Enclosures: Cc: Mr. Tom Beck, Director Augusta Recreation .t.. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COM~\1ISSI0NER Roy E. Barnes GOVERNOR July 23,2001 Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is a check in the amount of $33,125.00 representing the final payments under the following Local Assistance Grants: Grant # 01-C-L-431 $18,750 Crl-s-rVI ~ Grant # 01-C-L-323 $11,250 ~JI) t;-t.U Grant # 01-C-L-432 $ 3,125 IRMSI7IPIJ' ere, If you have any questions, please call Bobby Stevens at (404) 679-4943. Sincerely, ~d~ Commissioner JH/cm Enclosure 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 .~ .t >:g;::LO~~~!~i::11cH"ND' couN" "bE;"T::~i~J!:;~t~~~~~i:,A~:i,;~~~~;cl~0~~~~:;~'},\:i7;J~~,~!t~,~~~;gJJ\1 .'''--'-' " , ... .:,; ',," -- ...:,' ",: ,. , .' ,,', II.I,VOICE.. " .INV, OICE ../ c. ,VOUC, HER. ::1',:.., .GROSS '/;,>':"DISCOUNT,::;,.: \':.";':'. o.;:'AMOUN:r".""., ".. ~~ --. T .r'AMOUNT.<.V,' """.,TAKEN;, ,,\,; ".:""'.'...PAID, ",'. '. .,.~: , NUMBER -- DATE,.;" 10.... . ., '", .... .':~'; ::.\ ,::,.,: . ""o':<::;:?:'" 1'1' .,;0:' (;0-- t. ,01-C-l"323' ' 07/19/2001'. 1..10" " . .~.~,.~~g.gg':. 'r'~':~O,:\ ,\:;'.D" '.n......".',,:~ !:. : 01-C;-l"43,1 . 07119/2001". :=. ".,: ii';,;;~:r<O.:OO;:"::/';i....:'7 '_, u. E,,~,',,'. \ O'l-C-L:'432,. '__ 071'1,91.200,1> ,'.;;;~:- ,;;::.::,' 3',125;: 00 :,.,...;', ',..,-:;,,;;.:;.__ .'. !! ~. '. . : --, ':,' ; -- "..~:. }~:';"':r1;~,\i. , " :,~C::':. ,'i;:,"::'~ "~".;<:<\:,:;.;:':~:.;<'; :~: ,/::;~ f: ~ ,';, 'c". :<,~',.::/<; '::;::. . ',', ..;-:'o:,.;:';/.-,?:';;~'" ,;",;-':'-::\";'::;:;';: . '. ;;2. <" f: : >'..', ' . '," . ,,~>': .', . ';.'.:-' '::;'.'.~.::~.-~~;; .c 'i: ;/Y 'J"'> ,"";":) f, ;:',.,",.< '. ;;\;,/" '," "':';::.i""~'):'.i~e\.:.;'?~~:::~":';" :i>::;.-'j:;;:{:" .,,:....,:.'::.,:,\( ;,:"i,:, :\, .:} \:;.,,':.';:>'ii: ~' , '. '.:.::',,:i;;{,.'" , . ,:.,';;1;.:',:,; ::,;";:'::';> ,>'" .,::~, ?, .;"'-:. -,' :,'i'::.:~,,:;'i,<',. '. "'<',;:,"':':;"',/,:.,.:--: ".:,..,: ",' ;,:,.;,:" I? ':::",, ...... ~e/t.~:~ .',2";: "j";\~";T.'>"""\:"'>' 'fl;{i,--:,~:';1~~I"'li1: ...., ~I~W~ "'. , .':,;~:':: .~ i" . :'., ,;:::),:.::;,;;>;,,, ; ," ,{C "!{c~". ':\,(,~,.;;'-.::<::':r,;~i:'i:;'); rl\t~~ii~~ I.;!'; :) ".:::':{~~:/::; ";'~:;:";, ,0'"."', '. ;':~0;:':'\ ,:..;'.},>:'", :',',,/;',~j1}T ~ ;.- :'!i ',\';.>:? }T':\":':c,~>,.:"".;): :';; ",>,0 ,;.,,::>/:; ~:"t'.,..:,:.:,::":;': .;"",;~ .," Ml: ::,-::..1..,' ',0 >':'~,':;'i;:'<>':>," i;;;;{~?i'-;"~;:' ..;to::,.'.'., ';';:.'..,;..' i,><:. ",::'" "',;';",c:i-. ..;,.;,,;:\"i;: ~q.l ~<' l' :;~:5.;\~~ ". : -;,' .-::,~<"~:.?';'~. ~;'-'~iJ1.ti~:2.:;\~ l. .,~':.;,2~~::k~,;. .:~ 10: tt1afOrd . "'.' '" :'., .' ~-}f'~~E'}~~~~}~f. eridor,N ~j.~E:~~~';- '>i~N J}''''J~I $33, 125 . OO;~i ,.:'.' r~:. /", L. I "'J,fty: IIJ1'::-. , ,-- iE': " :,e,~,:t.~.; I~,: ,ih.~ . U,. _ '1#'l".8" .t:: ":f;t;0::.;W~';" i:.:~'--W:A'CHOV.rA: B'AN i~~",""oi~""'_'i~~~,;,~;~i;~~.;;"''',~~>i~/Ill"~~t:_~~~ -j,.' .', . , ,Y-'~Y. .':. :'~""".c"i :' IV , , ,'~IQOr Si '~~I!~;~'~~~. .~> ~.,~' \J(;~~~:O ,'.- -.. ) I ( 11100000 ~ q 2? .111 1:0 b .0000 .01: O? O.? ~ b 5111 " Office of the Mayor Bob Young, Mayor Room 806, Municipal Building 530 Greene Street, Augusta, GA 30911 (706) 821-1831 - FAX (706) 821-1835 . E-mail: mayoryoung@co.richmond.ga.us , ,July 3, 2001 ,Dear Commissioner Higdon: {/) I rflO 71/~)61 ~1:ctt~ f 'tfrI~coU~ ,. Honorable Jim Higdon, Commissioner, Georgia Department of Community Mfairs . 60 Executive Park South, NE . Atlanta, Georgia 30329-2231 Enclosed are the following Local Assistance Grant Requests for final payment: I ORGANIZATION Au usta Eastview Park Augusta Eastview Park Augusta Eastview Park. GRANT NUMBER 01-C-L-43,1 ,t:~ /t'1I'"'&.J 01-C-L-323 I' 98-CLB-183 As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Enclosures: " ;, : Page. '00'1 01'00.1:" Vendor. No: . 00000.13.72.7,. .. '. '." Vendo'rName:',AUGUS T A.- R'ICHMOND,' COUNTY"". . ,d' ",,< . STATEOFGEORGlk ". DEPARTMENT OF COMMUNlTYAFFAIRS: , " .,' . ,." Ch;';'k'No::'" {: .'. 'I;., ::,~ ~<': ~,~:~ . " ~;,:,:. '''.i' . . A,TtAN.TA, : GA, BANK' 1'100.-1000:' ....-;. \"', i-'.'. .i;::.,-.. ~::..., ',:, ~;'''~-3.~ ~::_;-..~~, .~h, , I h I~+ . r: ;:~~if · ~~.~;~~. : ( ,,~'-::i ;,.;.~;:...t::~ . }::.-j -""~";';.",~~';"41~~~~",,-,",_,,..,;~~,11i /1-00000 ~ q 27./1- 1:0 b .0000 .01: 07 0.7 ~b 5/1- .' " Office of the Mayor Bob Young, Mayor Room 806, Municipal Building 530 Greene Street, Augusta, GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-mail: mayoryoung@co.richmond.ga.us , July 3,2001 Dear Commissioner Higdon: Ef) / rifO 7/1 ~) 6/ ~1ett#tJ: 4ztff1fj ('jjLI ',rr1flf -itt . Honorable Jim Higdon, Commissioner Georgia Department of Community Mfairs 60 Executive Park South, NE Atlanta, Georgia 30329-2231 Enclosed are the following Local Assistance Grant Requests for fInal payment: ORGANIZATION Au usta Eastview Park Augusta Eastview Park Augusta Eastview Park GRANT NUMBER 01:-C-L-431 .~T': ~ 01-C-L-323 I' 98-CLB-183 As always, we appreciate your continued assistance in the administration of Augusta's grant awards. Enclosures: ~\ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 RECIPIENT: EASTVIEW RECREATION CENTER LA GRANT AGREEMENT NUMBER: o l-C-L-43 1 LOCAL ASSISTANCE GRANT REQUEST FOR FINAL PAYMENT GENERAL INSTRU~TIONS: CERTIFICATION: Authorized Si nature Name and Title This form is to be completed once you have fulfilled the scope of work as outlined in your grant agreement. Be sure to indicate the name of the Local Assistance Grant (LAG) recipient and the 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 addtess. If you have any questions, please contact Bobby Stevens at (404) 679-4943 or Amy Hill at (404) 679-3154. This is to request final payment on the Local Assistance Grant of the above referenced grant number. In making this request, I hereby certify that the "Scope of the Project" as identified in Exhibit A of the above referenced Grant Agreement number has been completed. I further certify that all funds provided by this grant have been spent in accordance with the terms and conditions of the Agreement and th~.t all the information stated herein is true and accurate. Bob Young, ~ \' . . j .'~. I " Application for Local Assistance Grant Local Assistance Grants are made pursuant to o.e.G.A. ~50-8-8(a) which provides in pertinent part: 'The department shall make grants to eligible recipients or qualified local governments, which grants are specified by amount, recipient, and purpose in an appropriation to the department" I. Recipient identified by the General Assembly in Appropriations Act: Richmond County 2. Amount appropriated by General Assembly: $75,000. 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Improvements/construction for the Eastview Recreation Center 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. b. Please provide a budget for the proposed project, listing all revenues and expenditures. Project Revenues Project Expenditures Local Assistance Grant Local Gove. Other Total c. Provide expected project start up and project completion dates: - - --- Beginning Date Completion Date . .- Office of The Clerk of Commission Lena ], 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 16, 2000 Mr. Tom Beck, Director . . Augusta Recreation Department Augusta, Georgia 30906 Dear Tom: Enclosed is an application form from the Georgia Department of Community Affairs regarding the Local Assistance Grant from the Fiscal Year 2001 State Budget which was awarded to your agency through the efforts of our local Legislative Delegation for improvements/construction for the Eastview Recreation Center. Please complete the highlighted areas on the form and rerum promptly to my attention. Should you have any questions or need any additional information, please feel free to call. Very truly yours, Enclosures: '<. .- GEORGIA DEPARTMENT 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 $75,000 in Local Assist(.nce Grant funds for Richmond County has been included in the Amended Fiscal ,y ear~OO I State Budget. A brief description of the purpose for the grant is included on the enclosed application f0I111 , To begin the paperwork necessaTY to re~ei ve this grant, please complete in detail the attacheu application form and retum it to my offlce Once we have received and approved the appJicati,-):;, \\t: \Viii forward a contract to you. We are delighted to assist you with your community development activities. If you have questions, please contact Amy lIdl at (404) 679-: 154 (Jr Bobby Stevens at (404) 679-4943. Thank you. Sincerely, ~ dJSd(QfJ Jim Higdon Commissioner JH: bsa Enclosure 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 Application for Local Assistance Grant 1. Recipient identified by the General Assembly in Appropriations Act: AugustalRichmond County 2. Amount appropriated by General-Assembly: $75,000.00 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Improvements to a recreational facility and adjacent facilities in AugustalRichmond County 4. Information Required by the Department of Community Affairs for Award: a. Please forward 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. , , , - , '..' '. ., . ' , .,.. TItis project will include the demolition of an old park house structure and the conStrUction of a new 3, no-sq. ft. community building. Along with this construction will be several elements such as grading, asphalt paving and associated parking improvements, utility work, landscaping, fencing, ball field lighting improvements and playground improvements. Project budget is as follows: Total budget: $5l0,000.00 SPLOST Phase III $100,000 CDBG Funding $240,000 Local Assistance Grant $ 75,000 Other GLAC Grants $ 95,000 Expenditures to date (7/31/00) $ 21,201.13 Revised Budget $488,798.87 $433,975.00 $ 29,950.00(6.9%) $ 24,873.87(5.7%) $488,798.87 Estimated Project Cost: NE: Contingency: Total: b. Please provide a budget for the proposed project,. listing all revenues and expenditures. Local Assistance Grant Local Govt. Other GLAC Grants Total Project Revenues $ 75,000.00 $318,798.87 $ 95,000.00 $488,798.87 Project Expenditures $ 75,000.00 $318,798.87 $ 95,000.00 $488,798.87 c. Provide expected project start up and project completion dates: 10-1-00 05-31-01 Beginning Date Compld:ion Date 5. Contact Information: Please provide the following contact information for the grant Name: Address: Ron Houck PO Box 5596 2027 Lumpkin Road Augusta, State: 706-796-5025 Fax: Georgia 706-796-4099 Zip: 30916-5596 E-Mail: rh7792@co.richmondga.us City: Telephone: . 6. Certification I, the undersigned authorized representative of the local government described in this application, certify that to the best of my knowledge, the information in this application is true and correct and the Local Assistance Grant subject to this application will be used for the purposes outlined above. I further certifY the I overnment described in this application has all requisite power and authority to expend funds for the ses.. t f01 herein. [< 8/18/00 ,) 0t '6 - Mayor Title .', . ~ . . 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 16, 2000 Mr. Tom Beck, Director Augusta Recreation Department Augusta, Georgia 30906 Dear Tom: Enclosed is an application form from the Georgia Department of Community Affairs regarding the Local Assistance Grant from the Fiscal Year 2001 State Budget which was awarded to your agency through the efforts of our local Legislative Delegation for improvements/construction for the Eastview Recreation Center. Please complete the highlighted areas on the form and return promptly to my attention. Should you have any questions or need any additional information, please feel free to call. Very truly yours, Lena 1. nner, Clerk of Commission Enclosures: GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER ,,- --____llmdLR\lrnes September I, 2000 Msrrll erJ 1{~7'/tJl/ .~OR Honorable Bob Young Mayor of Augusta 530 Greene Street Augusta, Georgia 309 I I ----.. Dear Mayor Young: The attached contract when executed commits state funds in the amount of $75,000 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 ] 2) 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, 1 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 404.679.3 J 54 or Bobby Stevens at 404.679.4943. Sinc:reIY~ ~don Commissioner RECEIVED JH/cm Enclosure cc: Augusta County Legislative Delegation ~rp 05 2000 Mayor's UiiiCc 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 " .. .Ioio .~ . -!?~ AUGUSTA ~ fe(ll'ation&parks MEMO TO I-ILVVA. Go l'\ V\.Q..r IFROM t20 tJ \ ~ u\.\.Lk- . DATE &'- \ CD - 00 For Your Information F or Your Approval ---X Per Your Request For Your Attention Note and File Note and Forward Please Advise Please Reply Send Copy Please See Me . COMMENTS ~~~ O~9~~l~~i ~ Q. ~ 6....\\ -c\~bj6W' .. .y : I " / Grant No. 01-C-L-431 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS 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") . WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; and WHEREAS, the Department is authorized by the provisions of a.C.G.A. ~50-8-8 to grant and administer public funds in furtherance of the public purposes specified therein; and WHEREAS, the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authqrity 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 $75.000 to be used solely for the purposes specified in the attached Exhibit A. which is incorporated herein by reference and made a part of the Agreement. 2. Accountability. The Recipient agrees to expend said funds solely in conformance with this Agreement and to account for 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 Recipientin accordance with the following payment schedule: $56.250 Witl].in ten days of the Department's receipt of the executed. Agreement. : $18.750 Upon receipt by the Department of written certification-of project completion in accordance with this Agreement. $75.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. Grant No. 01-C-L-431 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. ~45-1O-20 through ~45-10-28 and a.c.G.A. ~36-67A(l) through !336-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally, the Recipient attests that all officials of the. Recipient have certified the same. 6. Enforceable and Legallv Bindinl! Act. The Recipient certifies that it is duly organized, validly existing and in good standing under the laws of the State of Georgia; that it has all the requisite power and authority to enter into this Agreement and to assume the responsibilities herein including the expenditure of funds; and that all necessary actions have been and will be taken in conformance with all applicable laws to make this Agreement and actions hereunder valid. enforceable and legally binding acts of the Recipient. 7. Monitoring and Auditing. Upon request. the Recipient agrees to provide the Department with any information, documents and/or photographs the Department deems necessary to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate books, records and accounts reflecting its administration of Agreement funds and compliance with all applicable laws. Such documentation shall be retained for at least three years from the completion of said project and shall be made available to the Department upon request. The Recipient further agrees that an accounting of these funds shall be included in the next regularly scheduled audit or financial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient acknowledges and agrees that any unresolved findings of the Department concerning expenditure of project funds, whether based on an audit report, financial statement. project completion report or independent investigation of the Department, shall preclude the Recipient from applying for or receiving any further grants or other funds from the Department, until such findings are resolved to the satisfaction of the Department. 8. Open Meetings. The Recipient certifies that in approving this Agreement, it has complied with all the open meeting requirements of Chapter l4 of Title 50 of the Official Code of Georgia Annotated. 9. No Agencv or Partnership. Nothing herein nor any actions of the parties hereto or their agents or employees shall create any agency relationship, partnership or joint venture, between the Department and the Recipient. The Department is not an agent or representative of the Recipient and the Recipient is not an agent or representative of the Department. The Recipient shall be solely responsible for performing any and all obligations under this Agreement. 10. Termination. The Department may terminate this Agreement, with or without cause, upon five business days written notice to the Recipient. If at the time of termination, any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. 11. Satisfaction. In the event the'Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (H) has failed to complete all or a portion of the actions required under the Agreement; (Hi) has acted in any way contrary to the purposes for which the grant was. awarded; or (iv) has violated any federal, state or local law, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. Grant No. 01-C-L-431 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 eve!' 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, l53 Ga. 428 (l922) (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, l53 Ga. at 433. or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes. for the public worship of God." 153 Ga. at 433. "Sect". "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." l53 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 parties. There are no representations. oral or otherwise, other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. [Executions on following page] ,. . Grant No. 01-C-L-431 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT FOR THE DEPARTMENT OF COMMUNIlY AFFAIRS By: By: ~~ Attachments: Exhibit A, "Scope of Services" " Grant No. Ol-C-L-431 Page 5 of 5 EXHmIT A The Local Assistance Grant shall be used Richmond County for improvements/construction for the Eastview Recreation 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 Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for ,a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. ...... ~ ~ ,STATE OF GEORGIA GRANT CERTIFICATION FORM As required by House Bill 1364 of the 1998 Session of the General Assembly, each grant of state funds to a local government from the governor's emergency fund or from a special project appropriation shall be conditioned upon the receipt by the state auditor of a properly completed grant certification form. One Grant Certification Form should be prepared for each grant awarded to the local government. The Grant Certification Form(s) should be submitted to the State Auditor with one c.opy of the annual audit report. Questions concerning the preparation and submission of this form should be referred to Local Government Audit Section of the Georgia Department of Audits and Accounts. Instructions for Completion 1. Complete lines A through K on page 2 of this form. Please note that one form should be used for ~ grant from the governor's emergency fund or from a special project appropriation. 2. The appropriate officials should sign and date the section entitled "Certification of Local Government Officials." 3. Attach Independent Accountant's Report. 4. Mail the Grant Certification Form (including Independent Accountant's Report) with one copy of the audited annual financial report to: State of Georgia, Department of Audits and Accounts Local Government Audits Division 254 Washington Street, S.W. Suite 322 Atlanta, Georgia 30334-8400 5. If the local government meets the eligibility criteria for an agreed upon procedures engagement in accordance with the provisions of the Official Code of Georgia Annotated Section 36-81-7, the local government is responsible for ensuring that the procedures performed by the independent certified public accountant are sufficient in scope to enable the CPA to complete the Independent Accountant's Report. These procedures include examination of grant application and. award documentation to become familiar with the terms and conditions of the grant; verification of receipt of grant proceeds; and evaluation of the local government's documentation of expenditures. The purpose of these procedures is to comply with the provisions of House Bill 1364 requiring certification that the grant funds were used solely for the express purpose or purposes for which the grant was made. . 6. Whether the local government engages an independent certified public accountant to perform an audit or perform the agreed upon procedures, for purposes of meeting the requirements of House Bill 1364 the independent CPA should be engaged to examine management's assertion of compliance with the requirement to use grant funds solely for the express purpose or purposes for which the grant was made. The independent CPA should conduct the engagement in accordance with the standards for examination engagements for compliance attestation contained in the Codification of Statements on Standards for Attestation Engagements. 7. This form and the accompanying Independent Accountant's Report is required to be filed with the state auditor in conjunction with the annual audit for each year in which grant funds are expended or remain unexpended by the local government. 8. Questions concerning the provisions of House Bill 1364, the State of Georgia Grant Certification Form, or attestation engagements should be referred to Edward Blaha, Deputy Director, Local Government Audit Section, at the address listed above; telephone (404) 651-5115; fax (404) 651- 5608; or e-mail blahaef@mail.audits.state.ga.us ,..... ~~ - STATE OF GEORGIA GRANT CERTIFICATION FORM A Local Government B Information For Year Ended I . C State Awarding Agency , D Grant Identification Number E Grant Title F Grant A ward Date G Grant Amount H Balance - Prior Year (Cash or Accrued or Dererred Revenue) I Grant Receipts or Revenue RecogDized J Grant Disbursements or Expenditures K Balance - Current Year (Cash or Accrued or Deferred Revenue) (Line H + Line I - Line 1) Certification of Local Government Officials I have reviewed the information presented above and certify that. it is accurate and correct. I further certify that the proceeds of the grant award identified above were used solely for the express purpose or purposes for which the grant was made. I understand that failure to comply with the provisions of the law applicable to this grant award shall result in a forfeiture of such grant and the return to the state of any such grant funds received. Signature of Chief Elected Official Date Signature of Chief Financial Officer Date . Indevendent Accountant's ReDort We have examined management's assertion included in the accompanying State of Georgia Grant Certification Form about [name of government]'s compliance during the fiscal year ended [date] with the requirement to use grant proceeds solely for the purpose or purposes for which the grant was made for:each of the following grant award(s): [Individually identify each grant award of governor's emergency funds and/or special project appropriation.] Management is responsible for [name of government]'s compliance with this requirement. Our responsibility is to' express an opinion on management's assertion about the [name of government]'s compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name of government]'s compliance with this requirement and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on [name of government]' s compliance with the specified requirement. In our opinion, management's assertion that [name of government] complied with the aforementioned requirement for the fiscal year ended [date] is fairly stated, in all material respects. Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 ;.. Munidpal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: October 4, 2000 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed is a check in the amount of $184,500 from the Georgia Department of Corhmunity Affairs. Please issue Augusta-Richmond County checks to the following Local Assistance Grant recipients. ORGANIZATION GRANT NUMBER GRANT AMOUNT 'I v'Neighborhood Improvement, rnc o I-C-L-422 $ 7,500 , Shiloh Comprehensive Center o l-C-L-423 $ 1,875 ~ I..Jtlbv Augusta Ballet o I-C-L-424 $15,000 . v... tildCSRA Economic Opportunity 01-C-L-425 $30,000 J; hMDelta Leadership Training 01-C-L-426 $12,000 i ~\. Delta House Lucy Laney 01-C-L-427 $15,000 · . Museum j Imperial Theater " o I-C-L-428 $18,750 v Woodrow Wilson House o I-C-L-429 $18,750 Eastview Recreation Center o I-C-L-431 $56,250 .; CSRA Transitional Center OI-C-L-432 $ 9, 375 These awards represent seventy-five percent (first payment) of the total grant award for each recipient. Please return all checks to. me so that they can be forwarded to the appropriate State Representative for distribution. Should you have any questions or need any additional information, please feel free to caLI. Thank you for your continued assistance. Enclosure: Check Office of The Clerk of Commis~ion Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk , Room 8061- Municipal Building 530 Greene Street - A'UGUSTA, GA. 30911 (706) 821-1820 - ,FAX (706) 821-1838 July 18, 2000 Honorable Charles W. Walker, Majority Leader State Senate State of Georgia P.O. Box 1282 Augusta, Georgia 30903-1282 Dear Senator Walker: Enclosed are the Department of Community Affairs' Local Assistance Grant applicati(~n forms for the Fiscal Year 2001 State Budget for the following organizations i ORGANIZATIONS AMOUNT OF GRANT AWARD' I cti , '1 Augusta Ballet Sf,!,.J.U-,. fi ~ $20,000 Ej Delta House, Lucy Laney Museum $20,000 Eastview Recreation Center $75,000 I Safe Communities Coalition of Augusta $20,000 I I National Legacy FOlmdation $150,000 i ~/11 CSRA Economic Opportunity Authority ~.--d,~h ~, $40,000 I Delta Leadership Training Program --cT $16,000 I i Lucy Laney High School Application sent to Board of Education by DCA I Southside Tutorial Program $32,000 , Once the applications are completed, please return to my attention and I will h~ve them forwarded to DCA along with a cover letter from Mayor Young. Also, please have the [enclosed contracts execute by the .agencies, which is needed to aid in the release of funds. All of1the grant awards will be returned to you for distribution. Should you have any questions or need any additional information, please feel free to call. Enclosures: 0'9/26/20'0'0'. 0'9/26/20'0'0". 0'9'126/20'0'0'. , 0'9/26/20'0'0" , 0'9/26/20'0'0" C9l,2612CCC".~ , ,0'9/-26/20'0'0'':::'" 0'9/26/20'0'0" .' ',0'9/26/20'0'0':.. 0'9/26/.20'0'0', 0'0'0'0' 160'83. 0'0'0'016128 0'0'0'0'160'78 , 0'0'0'016130': .0'0'0'0"16137, .0'0'0'0'16 134' 0'0'0'0':160'80' . 0'0'0'0'16132 . 0'0'0'0'160'82 0'0'0'0'16136 , . , . , ATLANTA;. GA BANK 110'0'-100'0' GROSS AMOUNT , 7;; 500':, CO' . 1'. B,75 , CO' ,16',0'0'0'. CO'. .30',0'0'0'.0'0' 12' 0'0'0' CO' . .,.15:0'0'0':0'0' :1 B. .750'. CO' 18,750'. CO' . . 56,250',0'0' ..,' 9.375. CO' JLL' ,,)., f 0'0'0'0'0"415.0'5 ~. 'l:t 0'912,7'/20'0'0', . ':,1S:184:;,5CC:~,CC .. ,:'U',' ..,~.,;.,:},::..'. I Page 0'0'1 OF 0'0'1 Vendor No: 0'0'0'0'0'13727 VandorName; AUGUSTA-RICHMOND COUNTY STATE OF GEORGIA DEPAIUflIENT OF COfllfllUNITY AFFAIRS, INVOICE NUMBER 'C1-C-l-422 'C1'-C-L~423 :C1-C-L-424 ,C1-C-L-425 ;O"1'-C-l:;-426 : C1:-C'-L~427 .:'C1:"C-L~42B ;C1'~C.-l-429 :C1-C-L-431 .C1-C-L-432 '. "-:., .. '.. ~'...,;: .. .' "" ~, .,,',AMQUNT ". .1'" "1 "/ P~ID- ", ,,".'''<1 ...,:J;~~!"r}rgi~{gg,. . "J:.;.3C,.,CCC':CC, : . ....l~l~~ill ....,..JS~)t>'!j~}~tO ",.:..:".<::L:>,:",.;",:,.,. , ':',,'~;i;\:,;f,>;!t~:,-~~,:,'f.~ :": , " ,-__ t.,., ,,'. ,', ,'" "1~$4_1" \ 'r.~ ';- ~, . I : '. . ~, J' " . ~~tT .:',~11~b:", ,~.,.'. ,'~; I', O:.!i it: .::01 ~,~:,~=.:':~':i~~J~Jt~,~;~)",~~~~~,::~~~~i~~"li~; .,~ ;~~,. ~, , ,1'; - u-ooooo '-t ~ 50 511- 1:0 b ~OOOO ~Ol: O? 0 ~? '-t b 511- I GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR October 2, 2000 Honorable Bob Young Mayor of Augusta 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is a check in the amount of $184,500.00 representing the first payment under the following Local Assistance Grants: #01-C-L-422 $7.500 #Ol-C-L-425 $30,000 #Ol-C-L-428 l8,750 #Ol-C-L-432 9,375 #01-C-L-423 #01-C-L-426 #Ol-C-L-429 $l,875 $l2,000 $l8,750 #Ol-C-L-424 #01-C-L-427 #01-C-L-431 $15,000 $l5,000 $56,250 Also enclosed are copies of the executed contracts for your files and the Local Assistan'ce Grant Request for Final Payment Form. This form must be completed and returned once you have c()mpleted your project and expended the full amount of the grant funds. Upon receipt of this form we \~'ill issue the final payment. Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State:Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law. failure to file the required information with the State Auditor could result in a forfeiture of the grant and a m,andatory return of the funds to the State. If you have any questions about these reporting requirement,s, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115.; I am pleased that we were able to assist you with the funds provided. If you have any q'uestions, please call Amy Hill at (404) 679-3l54. Sinc~rel~ (.., .l, C1~~,- J[~igdOn Commissioner JH/cm Enclosures eQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.R. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper -'- ......~ r Application for Local Assistance Grant Local Assistance Grants are made pursuant ro O.C.G.A. ~50-8-8(a) which provides in pertinent part: 'The department shaD make grants to eligible recipients or qualified local governments, which grants are specified by amount, recipient, and purpose in an appropriation to the department" 1. Recipient identified by the General Assembly in Appropriations Ace: Richmond County 2. Amount appropriated by General Assembly: $75,000 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Improvements/construction for the Eastview Recreation Center 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. . b. Please provide a budget for the proposed project, listing all revenues and expenditures. Project Revenues Project Expenditures Local Assistance Grant Local Govt. Other Total c. Provide expected project start up and project completion dates: - - --- &ginning Date Completion Date ~~~ r .- 6. Ce~cation I, the Wldersigned authorized representative of the local government described in this application, certify that to the best of my knowledge, the information in this application is true and correct and the Local Assistance Grant subject to this application will be used for the purposes outlined above. I further certify the I ovemment descnbed in this application has all requisite power and authority to expend funds for the ses t fort herein ~( 8/18/00 Date Mayor Title - ~ . ~ Application for Local Assistance Grant 1. Recipient identified by the General Assembly in Appropriations Act: Augusta/Richmond County 2. Amount appropriated by General Assembly: $75,000.00 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Improvements to a recreational facility and adjacent facilities in Augusta/Richmond County 4. Information Required by the Department of Community Affairs for Award: a. Please forward 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. This project will inchide the demolition of an old park house structure arid the constniction of a new 3,no-sq. ft. community building. Along with this construction will be severnl elements such as grading, asphalt paving and associated parking improvements, utility work, landscaping, fencing, ball field lighting improvements and playground improvements. Project budget is as follows: Total budget: $510,000.00 SPLOST Phase III $100,000 CDBG Funding $240,000 Local Assistance Grant $ 75,000 Other GLAC Grants $ 95,000 Expenditures to date (7/31/00) $ 21,201.13 Revised Budget $488,798.87 $433,975.00 . $ 29,950.00(6.9%) $ 24,873.87(5.7%) $488,798.87 , Estimated Project Cost: NE: Contingency: Total: b. Please provide a budget for the proposed project, listing all revenues and expenditures. Local Assistance Grant Local Govt. Other GLAC Grants Total Project Revenues $ 75,000.00 $318,798.87 $ 95,000.00 $488,798.87 Project Expenditures $ 75,000.00 $318,798.87 $ 95,000.00 $488,798.87 c. Provide expected project start up and project completion dates: 10-1-00 05-31-01 Beginning Date Complaion Date 5. Contact Infonnation: Please provide the following contact information for the grant Name: Address: Ron Houck PO Box 5596 . 2027 Lumpkin Road Augusta, State: 706-796-5025 Fax: Georgia 706-796-4099 Zip: 30916-5596 E-Mail: rh7792@co.richmondga.us City: Telephone: . . .' ~. GEORGIA DEPARTMENT 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 $75,000 in Local Assistmce Grant funds for Richmond County has been included in the Amended Fiscal Year 100 L State Budget. A brief description of the purpose for the grant is included on the enclosed application form. To begin the paperwork necessary to re~eive this grant, please (:;omplete in detail the attached application form and retum it to my office Once we have received and approved the appli(;ativ~, 'We will forward a contract tv you. Vv'e are delighted to assist you with your community development acti vities. (f you have questions, please contact Amy BjJl at (404) 679-: l54 (Jr Bobby Stevens at (404) 679-4943. Thank YOL!o , Sincerely, &m rt1~d(Qj) Jim Higdon Commissioner JH:bsa Enclosure EQUAL HOUSING. ~ OPPORTUNITY L.:J 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us All Eqltal Opporlunirv Emplo,ver @ Recycled Paper . ' Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Room 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: October 4,2000 . SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed is a check in the amount of $184,500 from the Georgia Department of Community . Affairs. Please issue Augusta-Richmond County checks to the following Local Assistance Grant recipients. ' ORGANIZA nON GRANT NUMBER GRANT AMOUNT hlNeighborhood Improvement, Inc 01-C-L-422 $ 7,500 , Shiloh Comprehensive Center o l-C- L-423 $ 1,875 c~ ~ Augusta Ballet 01-C-L-424 $15,000 V.<I iMlCSRA Economic Opportunity o l-C- L-425 $30,000 7 , J: 0 1',T'lelta Leadership Training o l-C-L-426 $12,000 1 ~~ belta House Lucy Laney o l-C-L-427 $15,000 Museum d Imperial Theater 'v 01-C-L-428 $18,750 v' Woodrow Wilson House o l-C-L-429 $18,750 Eastview Recreation Center 01-C-L-431 $56,250 ..; CSRA Transitional Center o l-C-L-432 $ 9, 375 These awards represent seventy-five percent (first payment) of the total grant award for each recipient. Please return all checks to me so that they can be forwarded to the appropriate State Representative for distribution. Should you have any questions or need any additional information, please feel free to call. Thank you for your continued assistance. Enclosure: Check 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 July 18, 2000 Honorable Charles W. Walker, Majority Leader State Senate State of Georgia P.O. Box 1282 Augusta, Georgia 30903-1282 Dear Senator Walker: Enclosed are the Department of Community Affairs' Local Assistance Grant application forms for the Fiscal Year 2001 State Budget for the following organizations ORGANIZATIONS AMOUNT OF GRANT AWARD <<11'1 Augusta Ballet ~~ ~ $20,000 Delta House, Lucy Laney Museum $20,000 Eastview Recreation Center $75,000 Safe Communities Coalition of Augusta $20,000 i National Legacy FOl:lndation $150,000 , f611 '1 CSRA Economic Opportunity Authority T , \ I ".L-, $40,000 Delta Leadership Training Program $16,000 Lucy Laney High School Application sent to Board of Education by DCA Southside Tutorial Program $32,000 Once the applications are completed, please return to my attention and I will have them forwarded to DCA along with a cover letter from Mayor Young. Also, please have the enclosed contracts execute by the agencies, which is needed to aid in the release of funds. All of the grant awards will be returned to you for distribution. Should you have any questions or need any additional information, please feel free to call. Enclosures: .' r . '~'.: ,," -. , . 7:;Pag';'.0.01' 'i ,'VendorNo;< ~;..~;~:~~..:<: :,~ \(.~~.O.~_ !'Jame: " ,1 '--'.' "'" ---: ' , ..'" ,'STATE:OF GEORGI~ ".-.: ,,:~',,' ',.,::", ';"'~'~';.;'~"" '_,:~~7:",;,,~;:,-~,:t7t:';~:, ~~~\~~~;': ,\~ OF 00 i:.,;.;,;"'},;,,:.':>< :;:~:'. --r.~- " ',OEPAR,r/llE'NT. 01;' CO/ll/llUN IT,Y'.'~'F'FAiIRS>r:":'~~':-'rCh;";k N~:;'J/:.:(~--2;'{:' S"il::::-;,'~'00006~:f!f05;"'i ~~g~gl~l~iC:'~~:it~~~t ~~{ ..... .t.;1:~i~~~~:;~;~o:~ij'~;;\;;;;~':~~1)!i~;;~~~llJ~i;6g~gg~;f ;: .:'~~i;'A~Rc?US~~.. "" . ;',) :,)~~':U:P~g~J1N~~':'- .,..:, g;~f~t~~t~t~~gPo~~~i~~;i~;~~m.- '" ',~. . '., , '; ,':,' ;;:,:-; . ,'" ' ,'. ',: " , .,..'" ':"::~.,.. ;:;'~:', ~~':;'.I.' ,.t ~,~ ,~,t'.",<\i" . ''''1' ~0.'~~C-t.":422 "-~,, ';09'l26/2000':;. '.000016083'" ,- " --',~,.. ""'7" 500\ 00" .-',' ^,'?' .""",,;c '>'';''''''''0" OO,!>- ,~, ,,,-";.,;r'i~',,,,,,-,,,,, 7"500''-00..'' :,0.1:;'C.-(";423' , - .~: - 09/26'/,2000,", 000016128' ,. ~:,,,,,,;,i;:- -}.~'.-: 1" 875.:'00' ':':~\;' -,'. ':'; .' -::~~',).;;., i,,';' 0,'-00/. .>t:>. '; ': .-:::; :', 't.' 1~:'875':OO'::.1 ' . ~ ,~~..t. . " . ~1 '\" t-"t''j~'''' . .Q.-"~~;\~l+l~_.. ~- ....;, - ,,_,}. ',or ~O 1'-C-"l;'-424'>. . :', 09/.26/2000,,', ',0000,16078 , :'.,:)/' ,>~,; 15i:000.. 00' '. . ;:~':>.,"{ .~c ,~--)<7;'f:- '0',,00;; '; ':: :>;;jf~" ~;,~,~;0,~:15~:00.0;:;00::~1 :0 r:,C.':~,-425, '~:'.,.!~, ;:09'l.26'12000<u",000o 16130~. ""..,..;" ",30, 000',00:" .." __: 'c ' , ....c -:; '..., 0,,00<:;' __-!, ."<_,, '; ",' "':;.- ':301 0001, OO"~,I "0'1~C-IY-426 ',.'-i;,^ :,09/26/20007. ":000016137'-'" ,',. ,",,",' "~1.2.'000! 00 :' .-:-':j< '~ :,. 'W>"'O 00,:-"",;~-,:~';.;':~:oJ"'('~4:>12';'000'-00,"1 l.O.1,":C'-l,:427: " ..' ::':-'091-261'2000,,_,~'>,'0000>16134}.:i, t ,,: .?!( <;~'15':'000': 00" >~<::, ,,:' .:,'.,;j;-;,:,: X,';?;< 0.; 00}~:j.:__,~ ('''''" ;";:'::~~15'::000~:00i--"1 ~{ ,<;' ~': ,; " {i'iS,O U;'tHifjl . '",": -::"~' :!:', r-~::~liJ:r' ".00000 t. .50511. 1:0 b .0000 .01: 0'( o. '( t. b 511- , --F::.':'."'.';.::~' , ;'1\ . :":""::':::~....,;:-'::-:". ~,""'""<"'" ~ -.-. , . ...-' ......;-.,--1:.-~' "- ..'~".....'f'-.,,':':. :;~~:;--; .'".;)..;",~ -~. -';'~=.""~"',""--'''':!';.- -' - .......,.. ..-.....~..._, '."'- ~". . GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR October 2, 2000 Honorable Bob Young Mayor of Augusta 530 Greene Street Augusta, Georgia 309ll Dear Mayor Young: Enclosed is a check in the amount of $184,500.00 representing the first payment under the following Local Assistance Grants: #01-C-L-422 $7.500 #0 l-C-L-425 $30,000 #01-C-L-428 18,750 #01-C-L-432 9,375 #01-C-L-423 #Ol-C-L-426 #0l-C-L-429 $1,875 $12,000 $l8,750 #01-C-L-424 #0 l-C-L-427 #01-C-L-431 $15,000 $15,000 $56,250 Also enclosed are copies of the executed contracts for your files and the Local Assistance Grant Request for Final Payment Form. This form must be completed and returned once you have completed your project and expended the full amount of the grant funds. Upon receipt of this form we will issue the final payment. Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Amy Hill at (404) 679-3154. s;nc~rel~ ~don Commissioner JH/cm Enclosures 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 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, Interim Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: July 25, 2001 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed are checks from the Georgia Department of Community Affairs in the amount of $33,125 and $5,000, which represents final payment of following grant awards. Please issue Augusta-Richmond County checks to the following Local Assistance Grant recipients: ORGANIZATIONS GRANT NUMBER GRANT AMOUNT Augusta Recreation 01-C-L431 $18,750 Eastview Park Augusta Recreation 01-C-L-323 $11,250 Eastview Park Safe Communities 01-C-L-652 $ 5,000 CSRA Transition Ctr. Ol-C-L-432 $ 3,l25 Thank you for your continued assistance. Enclosures: Cc: Mr. Tom Beck, Director Augusta Recreation i' i GEORGIA DEPARTlVIENT OF COlVIMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR July 23, 2001 Honorable Bob Young Mayor of AugustaJRichmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is a check in the amount of $33,125.00 representing the final payments under the following Local Assistance Grants: Grant # 01-C-L-431 $18,750 C I'f5-rJII e~ Grant # 01-C-L-323 $11,250 ~c"7AJ Grant # 01-C-L-432 $ 3,125 IRMS/I/JIl Cr-e, If you have any questions, please call Bobby Stevens at (404) 679-4943. Sincerely, 1::d~ Commissioner JH/cm Enclosure EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.E. . Atlanta, Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us All Eqltal Opportunity Employer @ Recycled Paper ( Page' 001. OF. 001' .. Vendo~No: ,0000013727 . ..Ve~do'-N..me: AUGI,lSTA-RICHMONO STATE OF GEORGIA DEPARTMENT OF COMMUNITVAFFAIRS. '"','L .: :.:.'" 000004'9271 . .,..t';:;;}!;:~:.:~:f.~1~~~n~}'~ ',',' '. '- . ,{.,\V~f!~" ~:;;;:u: . '. "-~,~~j~~t ~;;;,.~~.......~~'-'-' L. j, An.AN,TA'..- GA' /~ .. . -i.~": . ".,_.. ,,"',t':" ~ " r' t";.' .',:::,.?::, ".' :!,;,:::!. ""J' 11100000...11 2 7 .111 1:0 b 1.0000 .01: 07 0.7 ... b SUI / ~ ;. GEORGIA DEPARTMENT OF ~COMMUNITY AFFAIRS 60 Executive ParkSouth, N.E. · Atlanta, Georgia 30329-2231 AUGUS1~A-RICHMOND COUNTY RECIPIENT: EASTVIEW PARK LA GRANT AGREEMENT NUMBER: C-L-323 I~OCAL ASSISTANCE GRANT REC~UEST 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. Name and Title This is to request final payment ,on the Local Assistance Grant of the ~bove referenced grant number. In making this request, I hereby certify that the "Scope of the Project" as identified in Exhibit A of the' above referenced Grant Agreement number has been completed. I further certify that all funds provided by this grant have been spent in accordance with the terms and conditions of the Agreement and that all the information stated herein is true and accurate. CERTIFICATION: Authorized S' ature \ '\ Bob Young, Ma or Date U (2r 0 / ~-~ ~~ [t fit-//! (11th) U- #A{J/ NT fJd~lTrlJ Application /rf1tJ (TC{ ~ ~ Grant AIJ6 2 '.-. Loa! ^"i"m", G""" "" mad, pw 15tf ftCC '(.fiG!.. ,pmvid" inp,,,i",n, P"" 'The department shaD make granTS to eligible recipients o.r qualified local governments, which grants are spedfied by amount, recipient, and purpose in an appropriation to the department" 1. Recipient identified by the General Assembly in Appropriations Act: Augusta/Richmond County 2. Amount appropriated by Gc:neral Assembly: $45,000 3. Purpose of the Local AssisGmce Grant as specified by the General Assembly in the Appropriations Act: Improvements to a recreation facility and adjacent facilities in Augusta/Richmond County 4. Information Required by thc~ 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. <.:SEc Il T7/fC !k-L) b. Please provide a budget for the proposed project, listing all revenues and expenditures. Project Revenues Project Expenditures Local Assistance Grant Local Govt. Other Total c. Provide expected project start up and project completion dates: - - --- &ginning Dau Compktion Dau I, me undersigned aumorized representative of me localgovernmem described in mis application, cenifY that to me best of my knowledge, me information in this application is true and correct and the Local Assistance Grant subject to this application will be used for me purposes outlined above. I furmer certifY me local government described in this application has all requisite power and aumority to expend funds for me purposes set fOM herein. -- ;J 1 i 6 , 5. Comact Information: Please provide the following contact information for the grant. Name: Address: City: State: Zip: Telephone: Facsimile: E-mail: Name: Address: City: State: Zip: Telephone: Facsimile: E-mail: 6. Certification ~-t C'/ '(J -L- ~ 00 Dau fI1 0..7 () V 1itk For additional information or assistance, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Georgia Department of Community Affairs 60 Executive Park Soum, NE Atlanta, GA 30329-2231 www.dca.statc.ga.us ., J 6/00 r. "' ; .!.... Application for Local Assistance Grant 1. Recipient identified by the General Assembly in Appropriations Act: Augusta/Richmond County 2. Amount appropriated by General Assembly: $45,000.00 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Improvements to a recreational facility and adjacent facilities in Augusta/Richmond County 4. Information Required by the Department of Community Affairs for Award: a. Please fonvard 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. This project will include the demolition of an old park house structure and the' construction of a new 3,720-sq. ft. community building. Along with this construction will be several elements such as grading, asphalt paving and associated parking improvements, utility work, landscaping, fencing, ball field lighting improvements and playground improvements. Project budget is as follows: Total budget: $5l0,000.00 SPLOST Phase III $100,000 CDBG Funding $240,000 Local Assistance Grant $ 45,000 Other GLAC Grants $125,000 Exp~n4i~~.t9~te(7/31/00) $ 21,20l.13 .. ....,( >."." 1 _, '__.' ,t . '. If - ~;; .' Revised Budget $488,798.87 r:'; "'! Estimated Project Cost: NE: Contingency: Total: $433;975:00 $ 29,950.00(6.9%) $ 24,873.87(5.7%) $488,798.87 b. Please provide a budget for the proposed project, listing all revenues and expenditures. Local Assistance Grant Local Govt. Other GLACGrants . Total Project Revenues $ 45,000.00 $318,798.87 $l25,000.00 $488,798.87 ,Project Expenditures $ 45,000.00 $318,798.87 $l25,000.00 $488,798.87 c. Provide ex~cted project start up and project completion dates: 10-1-00 05-3l-ol Beginning Date Complaion Date 5. Contact Information: Please provide the following contact information for the grant. Name: Address: City: Telephone: Ron Houck PO Box 5596 2027 Lwnpkin Road Augusta, State: 706-796-5025. :' .r;ax: Georgia. 706:796-4099 -Zip: 309l6-5596 E-Mail: rh7792@co.richnlOndga.us . ' ;- ,. 6. Certification I, the undersigned authorized representative of the local government described in this application, certify that to the best of my knowledge, the information in this application is true and correct and the Local Assistance Grant subject to this application will be used for the purposes outlined above. I further certify the local government described in this application has all requisite power and authority to ex-pend funds for the purposes set forth herein. ;ta// //b/ 07/31/00 Date Authorized Representative I?O){J/! t. ~ i I /ltJt/tL Name (please print) 1!;lj/J/tI/;tJ6 /!1f)J) O{tJ[LD?VU~~( JI1.1Mf4-~c~ Title .< '0 Grant No. OI-C-L-323 STATE OF GEORGIA COUNTY OF DEKALB . STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 17th day of August 2000. by and between the Department of Community Mfairs of the State of Georgia (hereinafter referred to as the "Department") and Augusta/Richmond County. a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient"). WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state: and WHEREAS, the Department is authorized by the provisions of a.c.G.A. 1350-8-8 to grant and administ7r public funds in furtherance of the public purpos~s 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 $45.000 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: $33.750 Within ten days of the Department's receipt of the executed Agreement. $11.250 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $45.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified ,on page one. ./ Grant No. OI-C-L-323 Page 2 of 5 5. Conflicts of Interest. The Recipient warrants and represents that all of the officials. agents and employees of the Recipient have not violated any applicable federal. state or local conflict of interest laws. ordinances. rules or regulations. including but not limited. to. O.C.G.A. 1345-10-20 through 1345-10-28 and a.c.G.A. 1336-67A(l) through 1336-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally, the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Lel!allv Bindinl! Act. The Recipient certifies that it is duly organized, validly existing and in good standing under the laws of the State of Georgia; that it has all the requisite power and authority to enter into this Agreement and to assume the. responsibilities herein including the expenditure of funds; and that all necessary actions have been and will be taken in conformance with all applicable laws to make this Agreement and actions hereunder valid. enforceable and legally binding acts of the Recipient. 7. Monitoring and Auditing. Upon request, the Recipient agrees to provide the Department with any information. documents and/or photographs the Department deems necessary to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate books. records and accounts reflecting its administration of Agreement funds and compliance with all applicable laws: Such documentation shall be retained for at least three years from the completion of said project and shall be made available to the Department upon request. The Recipient further agrees that an accounting of these funds shall be included in the next regularly scheduled audit or financial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient acknowledges and agrees that any unresolved findings of the Department concerning expenditure of project funds, whether based on an audit report. financial statement. project completion report or independent investigation of the Department, shall preclude the Recipient from applying for or receiving any further grants or other funds from the Department, until such findings are resolved to the satisfaction of the Department. 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 Al!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 DepartInent 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. Ip.' 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; (iii) has acted in any way contrary to the purposes for which the grant was awarded; . or (iv) has violated any federal. state or local law. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. Grant No. 01-C-L-323 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. 1I, Par. VII. (b). The "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization. Bennett v. City oj LaGrange, l53 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, bel!ef in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom. practice. relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the "grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. Th's Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise. other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. [Executions on following page] .J Grant No. Ol-C-L-323 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR THE By: Attachments: Exhibit A,' ~Scope of Services" FOR THE DEPARTMENT OF COMMUNI1Y.AFFAlRS By: , I Grant No. 01-C-L-323 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County for improvements to. a recreation facility and adjacent facilities in Augusta/Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose. the purpose must be accomplished through a contract for services by the named private entity. or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. · To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises t~at 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 nllght 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. STATE OF GEORGIA GRANT CERTIFICATION FORM '. As required by House Bill 1364 of the 1998 Session of the General Assembly, each grant of state funds to a local government from the governor's emergency fund or from a special project appropriation shall be conditioned upon the receipt by the state auditor of a properly completed grant certification form. One Grant Certification Form should be prepared for each grant awarded to the local government The Grant Certification Form(s) should be submitted to the State Auditor with one c.opv of the annual audit report. Questions concerning the preparation and submission of this form should he referred to Local Government Audit Section of the Georgia Department of Audits and Accounts. Instructions for Completion 1. Complete lines A through K on page 2 of this form. Please note that one form should be used for each grant from the governor's emergency fund or from a special project appropriation. 2. The appropriate officials should sign and date the section entitled "Certification of Local Government Officials." 3. Attach Independent Accountant's Report. 4. Mail the Grant Certification Form (including Independent Accountant's Report) with one copy of the audited arumal financial report to: State of Georgia, Department of Audits and Accounts Local Government Audits Division 254 Washington Street, S.W. Suite 322 Atlanta, Georgia 30334-8400 5. If the local government meets the eligibility criteria for an agreed upon procedures engagement in accordance with the provisions of the Official Code of Georgia Annotated Section 36-81-7, the local government is responsible for ensuring that the procedures performed by the independent certified public accountant are sufficient in scope to enable the CPA to complete the Independent Accountant's Report. These procedures include examination of grant application and award documentation to become familiar with the terms and conditions of the grant; verification of receipt of grant proceeds; and evaluation of the local government's, documentation of expenditures. The purpose of these procedures is to comply with the provisions of House Bill 1364 requiring certification that the grant funds were used solely for the express purpose or purposes for which the grant was made. 6., Whether the local government engages an independent certified public accountant to perform an audit or perform the agreed upon procedures, for purposes of meeting the requirements of House Bill 1364 the independent CPA should be engaged to examine management's assertion of compliance with the requirement to use grant funds solely for the express purpose or purposes for which the grant was made. The independent CPA should conduct the engagement in accordance with the standards for examination engagements for compliance attestation contained in the Codification of Statements on Standards for Attestation Engagements. 7. This form and the accompanying Independent Accountant's Report is required to be filed with the state auditor in conjunction with the annual audit for each year in which grant fimds are expended or remain unexpended by the local government. 8. Questions concerning the provisions of House Bill 1364, the State of Georgia Grant Certification Form, or attestation engagements should be referred to Edward Blaha, Deputy Director, Local Government Audit Section, at the address listed above; telephone (404) 651-5115; fax (404) 651- 5608; or ~-mail blahaef@maiI.audits.state.ga.us STATE OF GEORGIA GRANT CERTIFICATION FORM " ... A Local Government B Information For Year Ended I .- C State Awarding Agency . 0 Grant Identification Number E Grant Title F Grant A ward Date G Grant Amount H Balance - Prior Year (Cash or Accrued or Deferred Revenue) I Grant Receipts or Revenue Recognized J Grant Disbursements or Expenditures K Balance - Current Year (Cash or Accrued or Deferred Revenue) (Line H + Line I - Line 1) Certification of Local Government Officials I have reviewed the information presented above and certify that, it is accurate and correct. I further certify that the proceeds of the grant award identified above were used solely for the express pUrpose or purposes for which the grant was made. I understand that failure to comply with the provisions of the law applicable to this grant award shall result in a forfeiture of such grant and the return to the state of any such grant funds received. . Signature of Chief Elected Official Date Signature of Chief Financial Officer Date ~ Indeuendent Accountant's Reuort We have examined management's assertion included in the accompanying State of Georgia Grant Certification Form about [riame oj 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 oj governor's emergency Junds and/or special project appropriation.] Management is responsible for [name oj govemment]'s compliance with this requirement. Our responsibility is to' express an opinion on management's assertion about the [name oj government]'s compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordinglYt included examining, on a test basis, evidence about [name oj govemment]'s compliance with this requirement and performing such other procedures as we considered necessary in ,the circumstances. We believe that our examination provides. a reasonable basis for our opinion. Our examination does not provide a legal determination on [name oJgovemment]'s compliance with the specified requirement. In our opinion, management's assertion that [name oj government] complied with the aforementioned re'quirement for the fiscal year ended [date] is fairly stated, in all material respects. . :~ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR August 24, 2000 RECEIVED Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 30911 AUG 28 2000 Mayor's (,li;,:>.' Augusta-Richmond County Dear Mayor Young: The attached contract when executed commits state funds In the amount of $45,000 to Augusta/Richmond County. I must call your attention to two provisions in this contract that based on advice from the Attorney General deserve your careful attention. The first deals with Sectarian Aid (Item 12) and relates to the prohibition in the Georgia Constitution against grants to any church, cult, religious denomination or sectarian institution. Should this grant fall into that category, I would ask that you consult with your local attorney. The second deals with grants to private entities and is covered in Exhibit A of this contact. Should this grant fall into that category, I again urge that you or your attorney carefully review this exhibit. If, after reviewing the agreement, you wish to proceed please execute it by signing and returning the two copies to me. I will then sign for the Department and return a copy to you along with a check representing the first payment. The Department of Community Affairs is pleased to assist you and the General Assembly in the administration of this grant. If you have any questions, please feel free to call me or either Amy Hill at 404.679.3154 or Bobby Stevens at 404.679.4943. . Since.reIY~. . ~. , 1,----" ", '--'" J Higdon Commissioner JH/cm Enclosure cc: Richmond County Legislative Delegation EQUAL HOUSING ~ OPPORTUNITY L:J 60 Executive Park South, N.R. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper -"" GEORGIA DEPARTMENT OF . COJVIMUNITY AFFAIRS Jim Higdon COlVl1\HSSIONER Roy E. Barnes GOVERNOR September 20, 2000 Honorable Bob Young Mayor of AugustalRichmond County. 530 Greene Street Augusta, Georgia 30911 I , Dear Mayor Young: . , Encl~sed' isa che~k in the amount of $130,500.00 representing the fIrst payment under the following Local Assistance Grants: #01-C-L-318 $7,500 - Tocontract for services with the Augusta-Richmond Opportunities Center, Inc. #01-C-L-319 $l8,750 - To promote collection and management efforts of the Augusta/Richmond County Museum. #Ol-C-L-320 $15,000 - To contract for services with Good Hope Social Services summer school program in Augu'sta-Richmond County. #Ol-C-L-32l $l8,750 - For landscaping and flowers for AugustaIRichmond County. #01-C-L-322. $3,750 - To contract for services with Belle Terrace Community Center for summer programs in AugustaJRichmond County. #01-C"L-323 $33,750 - Improvements to a recreation facility and adjacent facilities III AugustaJRichmond County. #01-C-L-324 $33,000 - To contract for services with Southeastern FirefIghters Burn Foundation in Richmond County. Also enclosed are copies of the executed contracts for your fIles and Local Assistance Grant Request for Final Payment Form. This form must be c,ompleted and returned once you have completed your project and expended the full amount of the grant funds. Upon receipt of this forIil we will issue the final payment. Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January 1, 1999 to provide certain disclosure information to the State Auditor. . Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to fIle the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any'questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-,5115. EQUAL HOUSING ~ OPPORTUNITY L.=.J 60 Executive Park Sliuth, N.E. · Atlanta. Georgia 30329-2231 . (404) 679~4940 www.dca.state.ga.us An Equal Opportunity Employer @ Recycled Paper " -1.~ 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 'l\'IEMORAi~DUM TO: 1\'[s. Donna Williams, Deputy Camptroller FRO:M: Lena J. Bonner, Clerk of Commission DATE: ' . September 25, 2000 SUBJECT: Department of Community Affairs' Local Assistance. Grant Awards Enclosed are checks in the amount of $130, 500. and $7,500 from the Department of Community Affairs. Please issue Augusta-Richmond County c~ecks to the following Local Assistance Grant recipients. . NAME ORGAi~IZA nON GRANT NUMBER GRANT AWARD Augusta -Richmond 01-CL-318 $ 7,500 Opportunities Augusta-Richmond Museum 01;,CL-319 $18,750 Good Hope Social Services 01-C-L-320 $15,000 Augusta-Richmond 01-CL-321 518,750 (Landscape) Belle Terrace Community Ctr. 01-CL-322 $ 3,750 Augusta-Richmond . 01-CL':323 $33, 750 (Eastview Park) , . Southeastern Firefighters Burn 01-CL-324 $33,000 C SRA Economic Opportunity 00-CL-407 $ 1,250, . (RFP) Lucy Laney Children's 00-CL-4 7 5 $ 6,250 Program (RFP) -. I Thank you for your continued assistance, .-:.':,'.. ::;'~Page 00'.1,- OF OOt,'- '.. ,-: ,:',<\;, ;:Vendor No:' OOOOO',1:~l72,7~' .... :.", .. :,':VendorName:: ,\UGU S TA:c..f,'~~ H MOND::,''c OUNTY ,jJf~~z;;i~~flftt~!~~~!~:~~:'C,~!~;:!~!~~J~~g6gg, . i; .:: ", ::,: " ',..,'.~~.-'.::~.:;:7~.~{r~':~:~/., :::'i~' ..:." ~'"'. ,.; "O,1,-C.~L~3:18I"',".,....,'09'/-.14/,2000, ' :;;Ol',~C~ t::~ 319'.,.::,:':; ';:;.;>::'09/J'4/2000;-: \: 000Q.1562 , ,0'1:"C.~12-320",'c,<: ":::-':.':09'/14'/2000".,., 0000.15620 , \;O'.1~-C:'-~:.,,-321~ <'>:::'-;::i& 09!14!2000::/~ 0000.1563., ,;,O.-1-,-C,..t,-322: .,.' ::,;,.09;(,14/.2000" 0000.156.1' '-'J::' .k '. .111~~l'j~III}J!fll . . ,-. - ". ; .:.-.'~,:' \',-,', ,..._"... ''(,' ,';" ,: IIIOOOOOL. . .70111 1:0 b LOOOO .01: 07 0.7 L. b 5111 1 ',.., . GEORGIA DEPARTMENT OF COMlVIUNITY AFFAIRS Jim Higdon COMl\HSSIONER Roy E. Barnes GOVER,,~OR September 20, 2000 Honorable Bob Young Mayor of Augusta/Richmond County 530 Greene Street Augusta, Georgia 30911 j Dear Mayor Young: Enclosed is a check in the aniount 0($130,500.00 representing the first payment under the following Local Assistance Grants: # 01-C-L-318 $7,500 - To contract for services with the Augusta-Richmond Opportunities Center, Inc. # 01-C-L-319 $18,750 - To promote collection and management efforts of the Augusta/Richmond County Museum. #Ol-C-L-320 $15,000 - To contract for services with Good Hope Social Services summer school program in Augusta-Richmond County. #Ol-C-L-321 $18,750 - For landscaping and flowers for Augusta/Richmond County. #Ol-C-L-322 $3,750 - To contract for services with Belle Terrace Community Center for summer programs in AugustalRichmond County. #Ol-C-L-323 $33,750 - Improvem~nts to a recreation facility and adjacent facilities m AugustaIRichmond County. #Ol-C-L-324 $33,000 - To contract for services with Southeastern Firefighters Burn Foundation in Richmond County. Also enclosed are copies of the executed contracts for your files and Local Assistance Grant Request for Final Payment Form. This form must be completed and returned once you have completed your project and expended the full amount of the grant funds. Upon receipt of this form we will issue the final payment. Please also be aware that as the recipient ofa Local Assistance Grant, you are now required under a new law effective January, 1, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could. result in a forfeiture of the grant and a mandatory return of the funds to the State. If you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. EQUAL HOUSING ~ OPPORTUNITY L.:.I 60 Executive Park South, N.E. . Atlanta. Georgia 30329-2231. (404) 679-4940 www.dca.state.ga.us An EquaL ()pportllnilv EmpLoyer @ Rcc\'cled Paper ? ~r~ I {)d9 ;, 'Set f7taC/J6) Application for Local Assistance Grant ,4U~ (} .' Local Assistance Grants are made pursuant to a.c.G.A. ~50-8-8(a) which provides iri"perunent part: "The department shaD make grants to eligible recipients or qtuJified local governments, which grants are specified by amount, ~cipient, and purpose in an appropriation to the department" 1. Recipient identified by the General Assembly in Appropriations Act: Augusta/Richmond County 2. Amount appropriated by General Assex,nbly: . . $45.000 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Improvements to a recreation facility and adjacent facilities in Augusta/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. . --"'~5'Ec /!. T7?fC kL) b. Please provide a budget for the proposed project, listing all revenues and expenditures. Project Revenues Project Expenditures Local Assistance Grant Local Gove.. Other Total c. Provide expected project start up and project completion dates: - - --- B~nn;ng Dau Compution DiU~ 5. Contact Information: Please provide the following contact information for the grant. Name: Address: City: Telephone: Facsimile: Name: . Address: City: Telephone: Facsimile: State: E-mail: State: E-mail: .6 .-" Zip: Zip: 6. Certification I, the undersigned authorized representative of the local government described in this application, certifY that to the best of my knowledge, the information in this application is true and correct and the Local Assistance Grant subject to this application will be used for the purposeS outlined above. I further certify the local government describe~ in this application has all requisite power and authority to expend funds for the purposes set forth herein. 1 Authorized &pmmt4tiv~ '~d b ilo ~C Name (pkas~ pfnt) 1 ~-t Title fII ().7 () V 1- /tJ _ or:) Dau For additional information or assistance, please contact Amy Hill at (404) 679-3154 or Bobby Stevens at (404) 679-4943. Georgia Depanmem of Community Affairs 60 Executive Park South. NE Atlanta, GA 30329-2231 www.dca.state.ga.us 6/00 r? .~ .- . '" Application for Local Assistance Grant l. Recipient identified by the General Assembly in Appropriations Act: Augusta/Richmond Cot1hty 2. Amount appropriated by General Assembly: $45,000.00 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Improvements to a recreational facility and adjacent facilities in AugustalRichmond County 4. Information Required by the Department of Community Affairs for Award: , a. Please fonvard 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. , , - , , This projec(will include the denioIitionofan old pID-k hoUse Structure and.the' coristruction of " a new 3, nO-sq. ft. community building. Along with this construction will be several elements such as grading, asphalt paving and associated parking improvements, utility work, landscaping, fencing, ball field lighting improvements and playground improvements. Project budget is as follows: Total budget: , $510,000.00 SPLOST Phase III $100,000 CDBG Funding $240,000 Local Assistance Grant $ 45,000 Other GLAC Grants $l25,OOO Expenditures to date (7/31/00) $ 21,201.13 Revised Budget $488,798.87 Estimated Project Cost: NE: Contingency: Total: $433,975.00 $ 29,950.00(6.9%) $ 24,873.87(5.7%) $488,798.87 b. Please provide a budget for the proposed project, listing all revenues and expenditures. Local Assistance Grant Local Govt. . Other GLAC Grants Total Project Revenues $ 45,000.00 $318,798.87 $125,000.00 $488,798.87 Project Expenditures $ 45,000.00 $318,798.87 $125,000.00 $488,798.87 c. Provide expected project start up and project completion dates: 10-l-00 05-31-Ol Beginning Date Completion Date 5. Contact Information: Please provide the following contact information for the grant. Name: Address: City: Telephone: Ron Houck PO Box 5596 2027 Lumpkin.Road Augusta, State: 706-796-5025 Fax: Georgia 706-796-4099 Zip: 30916-5596 E-Mail: rh7792@co.richrnondga.us .- ." ~. 6. Cenification I, the undersigned authorized representative of the local government described in this application, certify that to the best of my knowledge, the information in this application is true and correct and the Local Assistance Grant subject to this application will be used for the purposes outlined above. I further certify the local government described in this application has all requisite power and authority to expend funds for the purposes set forth here~ 07/31/00 /t~///b/ Date Authorized Represmtative I?O)f} /I (.;) 1- I /ltJilti. Name (please print) !1//;tJ/tI/)tJ6 /!AJI) O(v~LD?t'Ut;~-r yVlMA-~c t~ . Title ' --;/, (Y. '" ....'... Grant No. Ol-C-L-323 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF C.OMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 17th day of August 2000, by and between the Department of Community Affairs of the S,tate of Georgia (hereinafter referred. to as the "Department") and Augusta/Richmond County. a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient"). WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; and WHEREAS, the Department isauthoIized by the provisions of O.C.G.A. 950-8-8 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 $45.000 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: $33.750 Within ten days of the Department's receipt of the executed Agreement. $11.250 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $45.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. Grant No. 01-C-L-323 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 out hot limited to, a.c.G.A. @45-1O-20 through !345-1O-28 and O.C.G.A. !336-67A(l) through S36-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally, the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Lel!allv Bindinl! Act. The Recipient certifies that it is duly organized. . validly existing and in good standing under the laws of the State of Georgia; that it has all the requisite power and authority to enter into this Agreement and to assume the responsibilities herein including the expenditure of funds; and that all necessary actions have been and will be taken in conformance with all applicable laws to make this Agreement and actions hereunder valid; enforceable and legally binding acts of the Recipient. 7. Monitorinl! and Auditinl!. Upon request. the Recipient agrees to provide the Department with any information. documents and/or photographs the Department deems necessary to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate books. records and accounts reflecting its administration of Agreement funds and compliance with all applicable laws: Such documentation shall be retained for at least three years from the completion of said project and shall be made available to the Department upon request. The Recipient further agrees that an accounting of these funds shall be included in the next regularly scheduled audit or financial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient acknowledges and agrees that any unresolved findings of the Department concerning expenditure of project funds, whether based on an audit report. financial statement, project completion report or independent investigation of the Department. shall preclude the Recipient from applying for or receiving any further grants or other funds from the Department. until such findings are resolved to the satisfaction of the Department. 8. Open Meetings. The. Recipient certifies. that in approving this Agreement. it has complied with all the open meeting requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated. 9. No Agencv or Partnership. Nothing herein nor any actions of the parties hereto or their agents or employees shall create any agency relationship, partnership or joint venture. between the Department and the Recipient. The Department is not an agent or representative of the Recipient and the Recipient is not an agent or representative .of the Department. The Recipient shall be solely responsible for performing any and all obligations under this Agreement. 10. Termination. The Department may terminate this Agreement. with or without cause. upon five business days written notice to the Recipient. If at the time of termination. any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. 11. Satisfaction. In the event the Department determines. in its sole discretion. that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (il) has failed to complete all or a portion of the actions required under the Agreement; (Hi) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal. state or local law. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. Grant No. 01-C-L-323 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. l53 Ga. at 433~ or. as the dictionary puts it. bel~ef 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." TheAmerican Heritage Dictionary Second College Edition 666 (1982). In other words the 'grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement. it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it, and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement constitutes the entire agreement among and between the parties. There are no representations. oral or otherwise. other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. [Executions on following page] ~. ,~~ EiSr-l//lf?AJ kq.-e.--- Grant No. 01-C-L-323 --t7fL J~d..,rl:;fI6J" 7-5 I Page 4 of 5 IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the date first WIitten above. FO R TIlE FOR TIlE DEPARfMENT OF COMMUNITI AFFAlRS By: By: Attachments: Exhibit A. ~Scope of Services" ., .J Grant No. Ol-C-L-323 Page 5 of 5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County for improvements to a recreation facility and adjacent facilities in Augusta/Richmond County. . If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant 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. /j. .. , STATE OF GEORGIA GRANT CERTIFICATION FORM tj.. ~, ~/ ;- 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 c.opv of the annual audit report. Questions concerning the preparation and submission of this form should be referred to Local Government Audit Section of the Georgia Department of Audits and Accounts. ' Instructions for Completion . 1. Complete lines A through K on page 2 of this form. Please note that one form should be used for each grant from the governor's emergency fund or from a special project appropriation. 2. The appropriate officials should sign and date the section entitled "Certification of Local Government Officials." 3. Attach Independent Accountant's Report. 4. Mail the Grant Certification Form (including Independent Accountant's Report) with one copy of the audited annual financial report to: State of Georgia, Department of Audits and Accounts Local Government Audits Division 254 Washington Street, S.W. Suite 322 Atlanta, Georgia 30334-8400 5. If the local government meets the eligibility criteria for an agreed upon procedures engagement in accordance with the provisions of the Official Code of Georgia Annotated Section 36-81-7, the local government is responsible for ensuring that the procedures performed by the independent certified public accountant are sufficient in. scope to enable the CPA to complete the Independent Accountant's Report. These procedures include examination of grant application and award documentation to become familiar with, the terms and conditions of the grant; verification of receipt of grant proceeds; and evaluation of the local government's documentation of expenditures. The pwpose of these procedures is to comply with the provisions of House Bill 1364 requiring certification that the grant funds were used solely for the express purpose or pwposes for which the grant was made. , 6., Whether the local government engages an independent certified public accountant to perform an audit or perform the agreed upon procedures, for purposes of meeting the requirements of House Bill 1364 the independent CPA should be engaged to examine management's assertion of compliance with the requirement to use grant funds solely for the express purpose or pwposes 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 form and the accompanying Illdependent Accountant's Report is required to be filed with the state auditor in conjunction with the annual audit for each year in which grant funds are expended or remain unexpended by the local government. . 8. Questions concerning the provisions of House Bill 1364, the State of Georgia Grant Certification Form. or attestation engagements should be referred to Edward Blaha, Deputy Director. Local Government Audit Section, at the address listed above; telephone (404) 651-5115; fax (404) 651- 5608; or e-mail blahaef@mail.audits.state.ga.us' C' STATE OF GEORGIA GRANT CERTIFICATION FORM f7 " { A Local Government B Information For Year Ended I .- C State Awarding Agency . D Grant Identification Number E Grant Title F Grant A ward Date G Grant Amount H Balance - Prior Year (Cash or Accrued or Deferred Revenue) I Grant Receipts or Revenue Recognized J Grant Disbursements or Expenditures K Balance - Current Year (Cash or Accrued or Deferred Revenue) (Line H + Line I - Line 1) Certification of Local Government Officials I have reviewed the information presented above and certify that. it is accurate and correct. I further certify that the proceeds of the grant award identified above were used solely for the express pUrpose or purposes for which the grant was made. I understand that failure to comply with the provisions of the law applicable to this grant award shall result in a forfeiture of such grant and the return to the state of any such grant funds received. . Signature of Chief Elected Official Date Signature of Chief Financial Officer Date . ! '. Indeuendent Accountant's Report 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 resp,?nsible for [name of government]'s compliance with this requirement. Our responsibility is to express an opinion on management's assertion about the [name of government]'s compliance based on our examination. Our examination was made in accordance with standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name of government]'s compliance with this requirement and, performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on [name of government]'s compliance with the specified requirement. In our opinion, management's assertion that [name of government] complied with the aforementioned requirement for the fiscal year ended [date] is fairly stated, in all material respects. ~ ~ '.. ." ~ .. ., Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk Ream 806 - Municipal Building 530 Greene Street - AUGUSTA, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 l\'IEMOPAi~DUM ~D\ooaoat) 3~lltno ~ J::cA pa~<;. . 1h<n G\ (ftCi~ TO: iVls. Donna Williams, Deputy Comptroller FROl\l: Lena J. Bonner, Clerk of Commission DATE: September 25, 2000 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed are checks in the amount of$130, 500 and $7,500 from the Department of Community Affairs. Please issue Augusta-Richmond County checks to the following Local Assistance Grant recipients. NAME ORGAl'\TIZA nON GRANT NUMBER GR<\NT AWARD Augusta -Richmond 01-CL-318 $ 7,500 Opportunities -- Augusta-Richmond Museum 01-CL-319 518,750 . Good Hope Social Services 01-C-L-320 S15,000 Augusta-Richmond 01-CL-321 518,750 (Landscape) Belle Terrace Community Ctr. 01-CL-322 $ 3,750 - -- Augusta-Richmond 01-CL-323 $33, 750 ~ /0</ (Eastview Park) Southeastern Firefighters Burn 01-CL-324 533,000 if CSRA Economic Opportunity OO-CL-407 $ 1,250 (M (RFP) Lucy Laney Children's OO-CL-4 7 5 $ 6,250 Program (RFP) - I af / - ; ..~v' .:? ,l) ~ n. ~ r~~' Thank you for your continued assjstance, ~~', . .'r.,... 'ec'i ~':7" i~fl.'fr1 , i00004~~r170' :' ':,:"',':, Check !,o" , . iiO~dO; N'd.';:Sboaoo 13727 ~::~~fJ~< ,. t&i~~~~:.:,L',_: ~.: . .0 ... " Page 00 l' OF 001 Vendor No: 0000013727 Vendor Name: AUGUSTA'-R ICHMOND, COUNTY :5T ATE OF GEORGIA DEPARTMENT OF COMMUNITi 'A'TLANTA.. GA BANK 1'100-1000'" GROSS AMOUNT 7,500,00, 18,750'.00 15,000,00 18,750.00 3.,750.00 33,750',00 33,000,00' INVOICE NUMBER --01-C-L-318 01-C-L-319 .01-C-r.-320 ,Ol-C-L-321 ,Ol-C-L-322. 'Ol-C-L-323 "Ol-C-L-3,24' 09/14/2000,' 09/14/2000 .09/14/2000 09/14/2000 09/14/2000 /09/14/2000 09/1412000 '000015622 000015625 , '000015620 000015637 000015618 , 000015614 ' 000015613' L ~: ' ::.:-.:.". ";:', .. .. .'. >'.?~::~;~,},J ,..;,'t.,.,',:" . ;"!.;:,,:~~~~: ',. '~':':;';7~\ ";"",.;-, ...' ",'.' ~ .... :,u, , ' , ",' '., . . ?~~~:'Ii;)i~,c ..: .:',I;;~0'9/15'/'2000'.'''''~~:'"'..',-, " ";~t:~~~::!~<~,~~.(~10~~"l~~ " ,I, '-- /"<,.",,, )1'". '1>IJr-"", "j'" ,-., '. . ~..~._." 'hf.' ~,:'.:.~ ":'~..; ~:':~:~;;:'~~~~~, ~"'~::" '~-.'>-;;r:;'~ '\::..:' " ~ ;"--\""~ 1~ H, ~~ -t.! ., ...;:l.. ~':'~"..:{-'(I"* -;,t<7>." '1 Ji,r',:,t '~4r., ~!i it:): }f.~~,:' :~hl' J,~j !~t;~ "~~~i ,.'ti: '~:""') ir~;'~':'~/'h. > WACHllVIA''-'BANIC:''''!.1 ~'1".~' .' ,.'" '.' ~. _,' "'~"",,;,,:.::,. ~~:~~2~~~.~~.~:j~~~'~i1:~~~~~~~v:~:~,. ."~~~'3~1~ ,"~;I:~"~~~~~h~~~~~~:~~~:~~ 11100000 ~ ~ ~ 70111 ':0 b ~OOOO ~Ol: 07 0.7 ~b Sill ,0000041170 .09/15/2000 $130,500.00 AMOUNT PAID, " ;--, 500. 00 '18' 750. 00 . . 15:000 :00 ",::' ,1"8',,750,00 . ' , 3 , 750',00 , 33,750.00 .33,000,00 .'--',' , ..:. ,~:'./;.~..~. ~.': . "',~' '. ..".~'....." ",.." <., "," '.. , " . -"': $130,SOO,Oq, Office of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Nancy Morawski Deputy Clerk , Room 806 + Munidpal Building 530 Greene Street - Al,!GUSfA, GA. 30911 (706) 821-1820 - F:AX (706) 821-1838 MEMORANDUM TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: Octo'ber 4,2000 . SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed is a check in the amount of $184,500 from the Georgia Department of COJnmunity Affairs. Please issue Augusta-Richmond County checks to the following Local Assistance Grant recipients. ORGANIZATION GRANT NUMBER GRANT AMOUNT , .INeighborhood Improvement, Inc o I-C-L-422 $ 7,500 , ,. Shiloh Comprehensive Center 01-C-L-423 $ 1,875 ~ i..Jtlk'v'Augusta Ballet o I-C-L-424 $15,000 , * liI.tLCSRA Economic Opportunity 01-C-L-425 $30,000 !.\lh>Delta Leadership Training o I-C- L-426 $12,000 i ~ Delta House Lucy Laney 01-C-L-427 $15,000 ~ Museum --- j imperial Theater .. 01-C-L-428 $18,750 '" Woodrow Wilson House o I-C-L-429 $18,750 Eastview Recreation Center OI-C-L-43I $56,250 ' I ..; CSRA Transitional Center 01-C-L-432 $ 9, 375 , l These awards represent seventy-five percent (first payment) of the total grant award! for each recipient. Please return all checks to me so that they can be forwarded to the appropnate State Representative for distribution. Should you have any questions or need any additional information,. please feeIJre_eJ9_~~Jl:______,_ . , __ Thank you for your continued assistance. Enclosure: Check 'r? "l.- .. r , i' ,~ 'I-=- cs[t 11 (~C/}6) Application for Local Assistance Grant 4[:c '. .0 ? .... Local Assistance Grams are made pursuant to O.c.G.A. ~50-8-8(a) which provides inpertinent parr: "The department shaD make grants to. eli[;ible recipients or qualified local gavernments, which grants are specified by amaunt, rt:cipient, and purpose in an appropriation to. the department" 1. Recipient identified by che General Assembly in Appropriations Act: Augusta/Richmond County 2. Amount appropriared by Gen~ Assembly: . $45,000 3. Purpose of che Local Assistance Grant as specified by che General Assembly in the Appropriacions Act: Improvements to a recreation facility and adjacent facilities in Augusta/Richmond County 4. Information Required by che Department of Communicy Affairs for Award: a. Please provide a derailed description of che projeCt:, location, cype of work to be initiated, and for what purposes the funds awarded chrough chis grant would be used. Attach additional pages if necessary. . ~SEc fl.r7?fC,f!ct,) b. Please provide a budget for che proposed projecr. listing all revenues and expc:ndirures. Project Revenues Project Expenditures ---r.:oc:lJAssiSranceG---ru:;t'~'-- ---.--'-- - -- -.- --. -..---- --- - -- -'--'-~' ---- ----------- ..~-~-~_.._-.,-. Local Govt. Ocher Total c. Provide ::xpecred project starr up and ?roject completion dates: - - --- B~nninK Dare Compurion Dare ,i' . l' ~ .,_1 '. Application for Local Assistance Grant 1. Recipient identified by the General Assembly in Appropriations Act: Augusta/Richmond County 2. Amount appropriated by General Assembly: $45,000.00 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act Improvements to a recreational facility and adjacent facilities in Augusta/Richrnond County 4. Information Required by the Department of Community Affairs for Award: a. Please forward 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. This project will include the demolition of-an old park house structure and the construction of . a new 3, nO-sq. ft. community building. Along with this construction will be several elements such as grading, asphalt paving and associated parking improvements, utility work:, landscaping, fencing, ball field lighting improvements and playground improvements. Project budget is as follows: Total budget: $510,000.00 SPLOST Phase ill $100,000 CDBG Funding $240,000 Local Assistance Grant $ 45,000 other GLAC Grants $l25,000 Expenditures to date (7/3l/00) $ 21,201.13 Revised Budget $488,798.87 Estimated Project Cost: AlE: Contingency: Total: $433,975.00 $ 29,950.00(6.9%) $ 24,873.87(5.7%) $488,798.87 b. Please provide a budget for the proposed project, listing all revenues and expenditures. Local Assistance Grant Local Govt. Other GLAC Grants Total Project Revenues $ 45,000.00 $318,798.87 $l25,OOO.OO $488,798.87 Project Expenditures $ 45,000.00 $318,798.87 $125,000.00 $488,798.87 ... . ...__ ,-. ._"-...--.____ _ ,4...._ , , c. Provide expected project start up and project completion dates: 10-1-00 05-31-01 ____ Beginningp_a~'L~~___,.--.________Completion Date "--:__ ____.-:-_'_'___---:--:--________-~-- _ ___ 5. Contact Information: Please provide the following contact information for the grant Name: Address: Ron Houck. PO Box 5596 2027 Lumpkin Road Augusta, State: 706-796-5025 Fa.."{: Georgia 706-796-4099 Zip: 30916-5596 E-Mail: rhn92@co.richmond.ga.us City: Telephone: . t }'.. .1' . 6. Certification I. the undersigned authorized representative of the local government described in this application. certify that to the best of my knowledge, the information in this application is true and correct and the Local . Assistance Grant subject to this application will be used for the pUrposes outlined above. I further certify the local government described in this application has all requisite power and authority to expend funds for the purposes set forth herein. ffir// //4/ 07/3 1/00 Date Authorized Represmtative I{lO)(J/! t.;) 1- I )!tJ{/tL Name (please print) 1/ /!;t/A//If} ~ /! Jf)J) V fu~LC> '(>1),{ {;~( y1-ui:,Q ft<SC ~~ Title ()4/ '\' .' . . o i Grant No. 01-G-L-323 STATE OF GEORGIA COUNTY OF DEKALB . STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 17th day of August 2000. by and between the Department of Community Affairs of the State of Georgia (hereinafter referred. to as the "Department") and Augusta/Richmond County. a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient"). WHEREAS. the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS. mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state: and WHEREAS. the Department is authorized by the provisions of a.C.G.A. 950-8-8 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 Proiect. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts. an amount not to exceed $45.000 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 . -'__ ____~~PClItm~I1t 1?haltp~y_~e R~<;:ipient.in ~~~oI:'danc,e ,V,Tith the_following.payment schedule:-----:-__ ',___,__ . $33.750 Within ten days of the Department's receipt of the executed Agreement. $11.250 Upon receipt by the Department of written certification of project completion in accordance with this Agreement. $45.000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one. '" " . Grant No. 01-C-L-323 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. Q.C.G.A. ~45-10-20 through ~45-10-28 and O.C.G.A. S36-67A(1) through S36-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally. the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Legally 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. Monitoring and Auditing. Upon request. the Recipient agrees to provide the Department with any information. documents and/or photographs the Department deems necessary to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate books. records and accounts reflecting its administration of Agreement funds and compliance with all applicable laws: Such documentation shall be retained for at least three years from the completion of said project and shall be made available to the Department upon request. The Recipient further agrees that an accounting of these funds shall be included in the next regularly scheduled audit or financial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient acknowledges and, agrees that any unresolved findings of the Department concerning expenditure of project funds. whether based on an audit report. financial statement. project completion report or independent investigation of the Department. shall preclude the Recipient from applying for or receiving any further grants or other funds from the Department. until such findings are resolved to the satisfaction of the Departmen t. 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 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 perfonning any and all obligations under this Agreement. 10. Termination. The Department may terminate this Agreement. with or without cause. upon five business days WIitten 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: Jil) has failed to complete all or a portion of the actions required under the Agreement: (iii) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal. state or local law. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. '. . ;: . I . Grant No. 01-G-L-323 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 tJ. City oj LaGrange, 153 Ga. 428 (1922) (city may not engage Salvation Army to conduct welfare program). This is true even if the program is conducted neutrally, without reference to such beliefs and practices. 1988 Op. Att'y Gen. Att'y Gen. No. U88-6. (c). The words of this prohibition have their ordinary meanings. In Bennett. the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, bel~ef in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982). "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to "a distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement, it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it. and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Agreement. This Agreement constitutes the entire agreement among and between the parties. There are no representations, oral or otherwise, other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writing. [Executions on following page] '. ;' -. .' · A ' "'--;-...' ~ ...,.G-r--- r; <<,> \ ..c-CL~re--' I Illl .~.,;--, -rt'<'~ 't---/r':;'t III ".. ""U -- Grant No. OI-C-L-323 -f7'A rK:~h/ 6'l,eIl i-.J . Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. FOR TIIE FOR TIlE DEPARTlVIENT OF COMMUNI1Y AFFAIRS By: By: Attachments: Exhibit A,' ~Scope of Services" .- ".~---~-------'---"""-'- -..,....,---........,-,..'..-~ -. -.----:---~-----_._~~ ,----_.~ --:-- -- -:-:-:---- -- --~~ -~..-.,..-.-'.__._- .-.---------- -..,.~_.~-......-....-...."...._._-,~, - . -- - .,. , . ~ ~, .' . Grant No. 01-G-L-323 Page 50f5 EXHIBIT A The Local Assistance Grant shall be used by Augusta-Richmond County for improvements to a recreation facility and adjacent facilities in Augusta/Richmond County. · If the preceding statement of purpose designates a private program or entity for accomplishing its purpose, the purpose must be accomplished through a contract for services by the named private entity, or the private entity that conducts the named program. If the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility, Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant , Recipient with a substantial benefit. · To illustrate, suppose the appropriation is for a grant for renovating the facility of an historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for catalOlPng the society's papers might be implemented by a society promise to. conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. · It is a responsibility of Grant Recipient to see that its undertaking is lawful and the retum is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. ----- ,.- \' :j'; (, .. vV;3Y GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER March 3, 2000 Roy E. Barnes GOVERNOR Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: The attached contract when executed commits state funds in the amount of $40,000 to establish a museum at the Augusta. Cotton Exchange through the Augusta/Richmond Museum in Richmond County. I must call your attet\tion 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, 1 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. ff, after reviewing the agreement, you wish to proceed please execute it by signing and returJ.1ing two copies to me. 1 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 Richmond County 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. JH/ja Enclosure cc: Richmond County Legislative Delegation 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 ~ ~ "- I (p' \' GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR March 21 , 2000 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: . Enclosed are the first payment in the amount of $30,000 and a copy of the executed contract under Local Assistance Grant #00-C-L-663 to Augusta-Richmond County. Also enclosed is a Local Assistance Grant Request for Final Payment Form. This form must be completed and returned once you have completed your project and expended the full amount of the grant funds. Upon receipt of this form we will issue the final payment. Please also be aware that as the recipient of a Local Assistance Grant, you are now required under a new law effective January I, 1999 to provide certain disclosure information to the State Auditor. Enclosed is an explanation of the new law along with a copy of the form that must be completed and sent to the Department of Audits and Accounts. Under the provisions of the new law, failure to file the required information with the State Auditor could result in a forfeiture of the grant and a mandatory return of the funds to the State. Tf you have any questions about these reporting requirements, please contact Edward Blaha, Deputy Director, Department of Audits and Accounts at (404) 651-5115. I am pleased that we were able to assist you with the funds provided. If you have any questions, please call Amy Hill at (404) 679-3] 54. '{i) igdon r-- JH/ja Enclosures 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 i' i Grant No. OO-C-L-663 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FVNDS THIS AGREEMENT entered into this 3rd day of March 2000. by and between the Department of Community Affairs of the State of Georgia (hereinafter referred to as the "Department") and Richmond County. a political subdivision of the State of Georgia (hereinafter referred to as the "Recipient"). WHEREAS, the State of Georgia desires to promote the health and welfare of its citizens; and WHEREAS, mutual cooperation and assistance between the state and its political subdivisions is beneficial to the administration of programs to assist the citizens of the state; and WHEREAS, the Department is authortzed by the provisions of O.C.G.A. 950-8-8 to grant and administer public funds in furtherance of the public purposes specified therein: and WHEREAS. the Recipient warrants that it is a validly existing and in good standing under the laws of the State of Georgia and has all requisite power and authority to enter into this Agreement and. expend funds for the purposes set forth herein: NOW. THEREFORE. in consideration of the mutual covenants and warranties contained herein and other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged. the parties agree and covenant as follows: 1. Scope of Pro1ect. The Department shall upon the terms and conditions contained herein grant to Recipient. and the Recipient hereby accepts. an amount not to exceed $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 prtnciples. 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 Agreemen t. $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. I j' Grant No. 00-C-L-663 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. 845-10-20 through ~45-l0-28 and O.C.G.A. S36-67A(l) through S36-67A(4) and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally, the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and Lee:allv Bindine: 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, Monitorine: and Auditine:. Upon request. the Recipient agrees to provide the Department with any information, documents and/or photographs the Department deems necessary to monitor performance of this Agreement. The Recipient agrees to maintain proper and accurate books. records and accounts reflecting its administration of Agreement funds and compliance with all applicable laws. Such documentation shall be retained for at least three years from the completion of said project and shall be made available to the Department upon request. The Recipient further agrees that an accounting of these funds shall be included in the next regularly scheduled audit or financial statement of the Recipient and any future audits or financial statements until all expenditures of Agreement funds have been accounted for. The Recipient acknowledges and agrees.,_ that any unresolved findings of the Department concerning expenditure of project funds. whether based on an audit report. financial statement. project completion report or independent investigation of the Department. shall preclude the Recipient from applying for or receiving any further grants or other funds from the Department. until such findings are resolved to the satisfaction of the Department. 8. Open Meetine:s. The Recipient certifies that in approving this.Agreement. it has complied with all the open meeting requirements of Chapter l4 of Title 50 of the Official Code of Georgia Annotated. 9, No Ae: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 Recipient is not an agent or repr~sentative of the Department. The Recipient shall be solely responsible for performing any and all obligations under this Agreement. 10. Termination. The Department may terminate this Agreement. with or without cause, upon five business days written notice to the Recipient. If at the time of termination. any funds under this Agreement have not been disbursed to Recipient. said funds shall be retained by the Department. , ' 11. Satisfaction. In the event the Department determines. in its sole discretion. that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement: (iii) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal, state or local law. ordinance or regulation. the Recipient shall be required to return to the Department all funds disbursed under this Agreement. upon request. c\ Grant No. OO-C-L-663 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, l53 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." l53 Ga. at 433. "Sect". "cult" and "denomination" also relate to "a distinct organization." with "a common system of faith." "holding sentiments or doctrines" which distinguish it. "Institution" may have a similar meaning related to "organization." but may also mean a "custom. practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any-_ entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433. (d). Without limiting any other provision of this grant agreement. it is the responsibility of the Grant Recipient to comply with this prohibition and to conduct such factual inquiries as may be reasonably necessary to enforce it. and the Recipient's acceptance of the grant constitutes a promise to do so. No act or failure to act by DCA in regard to the submission will waive the requirement of compliance or prevent the State from asserting noncompliance. 13. Entire Mreement. This Agreement constitutes the entire agreeme,nt among and between the parties. There are no representations. oral or otherwise. 'other than those expressly set forth herein. No amendment or modification of this Agreement shall be binding unless both parties have agreed to said modification in writfng. [Executions on following page] -\ GRANT NO. OO-C-L-663 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. By: By: Attachments: Exhibit A, "Scope of Services" \ Grant No. OO-C-L-663 Page 5 of 5 EXHmITA 'Il1e Local Assistance Grant shall be used by Richmond County to establish museum at Augusta Cotton Exchange through the Augusta/Richmond Museum 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. lf the appropriation specifies not only an implementing entity but also a use of funds by the entity, such as improvement of a facility. Grant Recipient must impose that use as a condition in the contract for services. The services must provide the Grant Recipient with a substantial benefit. . To illustrate. suppose the appropriation is for a grant for renovating the facility of an . historical society. An appropriate implementation might be a contract for services in which the historical society promises that its historical displays will be open to the public during stated hours for a stated term. Or a grant for cataloging the society's papers might be implemented by a society promise to conduct public lectures at the Grant Recipient's own historical sites. These are illustrations only. . It is a responsibility of Grant Recipient to see that its undertaking is lawful and the return is substantial. No act or failure to act by DCA will waive the requirement of compliance or prevent the State from asserting noncompliance. AUGUSTA-Rl,CHMOND.COU~jTY COMMISSION 030360 DESCRIPTION OCAL ASSIST GRANT P.O. NUMBER' INVOICE NUMBER 00CL663 INVOICE AMOUNT 10,000.00 0.00 NET AMOUNT 10,000.00 (jJ~) t1 ~ d:J-l-ZJ rA) '-f. f)lJ{ L(V)IjV CHECK NUMBER CHECK DATE TOTAL INVOICES DISC TOTAL CHECK TOTAL 030360 05/19/00 10,000.00 0.00 10,000.00 " I ;..'~"'~i...=:.#;t~- T~~~;; '...:%:\.-::"-~",, ~ .-,' -, ;:~":~~::::t , ':r,': VO/D."AF:J;ER .90 DAYS '~~~~c~~~'t;' REGIONS BAriiK/6F~GEORGIA ,'), AUGUSTA. ~EORGIA 1110 j 0 j b 0 III I: 0 b 1.1. 0 1. j 7S I: b a 10 1. L. a j q L.1I1 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 TO: Ms. Donna Williams, Deputy Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: May 12,2000 SUBJECT: Department of Community Affairs' Local Assistance Grant Awards Enclosed is a check in the amount of $] 0,000 from the Department of Community Affairs. Please issue an Augusta-Riclm1ond County check to the following Local Assistance Grant recipient: ORGANIZATION Augusta Cotton Exchange GRANT NUMBER 00-C-L-663 GRANT AMOUNT $10,000 This award represents final payment of the total grant award. Should you have any questions or need any additional information, please feel free to call. Thank you for your continued assistance. Enclosure: Check Cc: Mr. James B. Wall, Attorney w/copy of check. GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR May 1, 2000 Honorable Bob Young, Mayor Augusta- Richmond -County 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: Enclosed is the final payment in the amount of $10,000 under Local Assistance Grant #00-C-L-663 to Augusta-Richmond County. If you have any questions, please call Amy Hill at (404) 679-3154. Sin.~~ J m Higdon Commissioner JH/j a Enclosur~ ~~ ~~d) eQUAL HOUSING ~ OPPORTUNITY L.:.I 60 Executive Park South, N.E. · Atlanta, Georgia 30329-2231 · (404) 679-4940 www.dca.state.ga.us An Equal Opportunity Employer * Recycled Paper ~.". ' ~ ~ ;. ~ . \':0 ) , CJl. " . .'~:".:-.1.-.t~r.;;,..~\ ",-;:,:, .g , . , o' .:,: '0'. .~~ 1~;<l. cn~ ';~" 00 ,,'-';';,.' ~:E ";.~ 'h.\;'>!:-')- iilll .~~ ',,1';'.:,:< >:E '0'" . :[,~ ~,::,i:" . ".:]..:.' ..... .-'It ,,,-, ,>0 " . OFFICE OF THE MAYOR BOB YOUNG, MAYOR ROOM 806, MUNICIPAL BUILDING 530 GREENE STREET, AUGUSTA, GA 30911 (706) 821-1831 - FAX (706) 821-1835 E-MAIL: MAYORYOUNG@CO.RICHMOND.GA.US March 8, 2000 The Honorable Jim Higdon, Commissioner Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, Georgia 30329-2231 Dear Commissioner Higdon: Enclosed is the following executed DCA Agreement: I Augusta Richmond County Museum I $40,000 As always, we appreciate your Department's continued assistance m the administration of Augusta's Grant Awards. Very truly yours, ~o~~xf Enclosures: A CITY OF CHARACTER AUGUSTA-RICHMOND COUNTY COMMISSION 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 BOB YOUNG Mayor WM. "WILLIE" H. MAYS, III Mayor Pro Tern February 9, 2000 Mr. William Moore 215 Grace Avenue, S.E. Aiken, S.c. 29801-4911 Dear Mr. Moore: 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 AdminIstrator I enclose herewith the proposed Grant Agreement between Augusta and Augusta Cotton Exchange Museum, Inc. Please execute duplicate originals of this Agreement and return tome for presenting to the Mayor for his signature. Upon execution, I will return to you one fully executed original. With best personal regards, I am Yo/ very t:M JBW/sjp Enclosures GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Jim Higdon COMMISSIONER Roy E. Barnes GOVERNOR December 16, 1999 Honorable Bob Young, Mayor Augusta-Richmond County Government 530 Greene Street Augusta, Georgia 30911 Dear Mayor Young: On June 1, 1999, we mailed to you a Local Assistance application for your $40,000 grant, which was included in the Fiscal Year 2000 State Budget. As of this date, we have not received your completed application. Therefore, we are enclosing another copy for you to complete and return to my office. Once we have received and approved the application, we will forward a contract to you. However, if you do not plan to proceed with the project, please send us written notification as soon as possible. If you have any questions, please call Bobby Stevens at (404) 679-4943 or Amy Hill at (404) 679-3154. Sincerely, ~ti:fv Commissioner JH/ja Enclosure 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 Assiseance Granes are made pursuane eo O.e.G.A. ~50-8-8(a) which provides in pertinene pare: "The department shall make grants to eligible recipients or qualified local governments, which grants are specified by amount, recipient, and purpose in an appropriation to the department" 1. Recipiene identified by the General Assembly in Appropriations Ace: Richmond County 2. Amoune appropriated by General Assembly: $40,000 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Establish museum at Augusta Cotton Exchange through the AugustalRichmond Museum in Richmond County 4. Information Required by the Department of Community Affairs for Award: a. Plc:ze provide a dewed description of the project, location, type of work to be: initiaeed, and for what purposes the funds awarded through this grane would be used. Attach additiori~ pages ifnecc:ssary. ..' b. Please provide a budget for the proposed project, listing all revenues and expenditures. Project Revenues Project Expenditures Local Assistance Grant Local Gove. Other Total c. Provide expected project start up and project completion dates: - - --- B~ginrlitll Datt CDmputiDn Date 5. Contact lnformation: Please provide the following contact information for che grant. Name: Address: Cicy: Scace: Zip: Telephone: Facsimile: E-mail: Name: Address: Cicy: Scace: Zip: Telephone: Facsimile: E-mail: 6. Certification 1, the undersigned authorized representative of the local government described in this application. certify that co the best of my knowledge. the information in this applicacion is true and correct and the Local Assistance Grant subject co chis application will be used for the purposes ouclined above. I further certify the local government described in chis application has all requisite power andauthoricy [0 expend funds for the purposes set forchherein. , AuthDrized &pmmflUilJ~ Date Na17U (pluzu print) TItle For additional information or assistance, please contact Amy Thompson at (404) 679-3154 or Bobby Stevens at (404) 679-4943. 5/99. ..;" . '. ~ . -..' ,. STATE OF GEORGIA RICHMOND COUNTY GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of ~w~~., 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 AUGUSTA COTTON EXCHANGE MUSEUM, 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 determined renders a substantial benefit to its citizens, to wit: To establish a'museum at the Augusta Cotton Exchange. 1 . , Augusta has the power to perform such services under the Constitution of the State of Georgia, Article 9, Section 2, Paragraph 3, and the services are authorized by one or more of the following powers set forth in said Constitution or by general law including but not limited to the following: o Police and fire protection; o Garbage and solid waste collection and disposal; o Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control; o Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof; 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; D Public transportation; ~ Libraries, archives, and arts and sciences programs and facilities; D 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 " I, 4. The Organization shall hold harmless and indemnify Augusta, its officers, elected officials, agents, employees, and representatives, from and against any and all claims resulting from or arising out of the appropriation provided according to this Agreement, including, without limitation, damage claims for injury to persons or property. The Organization expressly acknowledges that, by appropriating the Funds outlined in this Agreement, Augusta has not assumed or undertaken any legal duties as to the Organization or others. The Organization agrees to make no claims or demands against Augusta, its officers, elected officials, agents, employees and/or representatives, for any damages that may result from or arise out of the appropriation of Funds pursuant to this Agreement, even if such claims or demands are made against the Organization. 5. Upon request, the Organization agrees to provide Augusta with any information Augusta deems necessary to fulfill its obligations under the Grant Agreement with the State of Georgia and further agrees to give Augusta the right to audit all records related to this Agreement, and the Organization's performance thereunder. 6. The Organization acknowledges that under the Open Meetings Law for the State of Georgia (O.C.G.A. 5 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. 5 50-18-10, 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 5 3 '/i" . . 501(c) of the Internal Revenue Code. 8. Organization acknowledges that one of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. The Constitution provides in Article 1, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." This "Sectarian Aid" clause prohibits the performance of a public function through a contract for services by a religious organization, even if the program is conducted neutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Bennett v. City of LaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, 153 Ga. at 433, or, as the dictionary puts it, belief in the supernatural as creator and governor of the universe. The American Heritage Dictionary Second College Edition 1044 (1982) . "The term 'church' is one of very comprehensive signification, and imports an organization for religious purposes, for the public worship of God." 153 Ga. at 433. "Sect", "cult" and "denomination" also relate to a "distinct organization," with "a common system of faith," "holding sentiments or doctrines" which distinguish it. "Insti tution" may have a similar meaning related to "organization," but may also mean a "custom, practice, relationship, or behavioral pattern of importance in the life of a community or society." The American Heritage Dictionary Second College Edition 666 (1982). In other words the grant recipients may not contract for services with any entity organized out of belief in God or other supernatural beings. It is a "comprehensive signification." 153 Ga. at 433.] Augusta may not contract for services with any entity organized out of belief in God or other supernatural beings. 9. Organization certifies that Augusta has made inquiry of 4 L:. I r' '. 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. Sworn to and subscribed before me this J~~day of tl v ~y ,2000 . f By: As its ATTEST: viiJ AUGUSTA COTTON EXCHANGE MUSEUM, INC. ORGANIZATION By: /JJ~ t<< ~ As its P~tt>( c'?;YVT: ATTEST: ~ .~ Title: uJi'/jJ'ij ~",,~?\'''':r.:: ~.:t' '. Not" ry 'Public -2"".,.- :.MyoComm'is:sion Expires: ~':__ ....~-~.I':" ~v "-.' ......hl"~t :; '.,~:: ~ '-Notary Public,~outh Carolina, Slale allarge ~ ~ : ~ My Commission Expires Oct. 9, 2006 ~ ~ ~ r'..... ~ -7 -. .-A~ ~~ ,_ "-o~.:;;." 'i ~..." "..",.,,- ~ . . 1"" -. ._.~_..... ...... ..... ..~. -.. " ..~ -.-....... ~ ~---? ~. -:;: ~,~:......... 5 'i~ 't}i~ ~ ';. .._~-;] ',,~PPROV~D '. :.' . 1'1 JAN 0 4 2000 - . storie Cotton Exchange Building. ,. .32 Eigbth Street at Rivawalk, _J~,lI~\i~IA.~RJC~MON[) COUNTY r:OMM1SSION) R Augusta, Georgia 3090 1 -,' -~ .'~-"_=""'''''-'''''''''''''''~_~.=-~:J.,,,_., U.S.A.. .' .. ~. " - - _' AD8USl8lottd.. b~.8ng8 MU.IUII -- Phone(803) 648-2804 Fax (803) 649.3)88 December 20, 1999 The Honorable Bob Young; c Office of the Mayor, Municipal Building, Room 806,_ . 530 Greene-Street, Augusta, Georgia 30901- DELIVERED BY HAND Dear Mayor Young:' Re: Cotton Exchange Museum Grant . - At this time I would like to formally reQl1est that the distribution of the $40,000.00 State of Georgia grant, . - to establish a museum at the Historic Cotton Exchange, be made to the: Augusta Cotton Exchange Museum, Inc. As you are aware, these-grant monies are being held by tne Augusta Commissio,,! pending the completion of an overall plan for the'Cotton Exchange. I am very pleased, indeed, to report the following: 1.) A domestic nonprofit corporation, the Augusta Cotton Exchange Museum, In~. has been incorporate9. We have a distinguished and diverse board of.prominent z\,ugustans who are committed to making the . Augusta Cotton Exchange Museum a cultural re~ource for all of Augusta. . 2.) We hiwe compfeted Form 1023 Application for Recognition ofExemption.- Upon the final review ofthis application by our accountants, it will be'fifedwlt~ the Internal ReveIlue Service forthwith. .(Pleasefind enclosed a letter from Cherry, Bekaert & Holland.) . 3.)-.::' . We have developed a comprehensive plan for the Augusta Cotton Exchange Museum, complete with' Mission Statement, Summary of Attractions: & Programs, Museum Layout, Start-up Budget, -Annual :.- Budget, Market Study. (A copyofthkProp~sal is enclosed.), , - We are very excited'aboutcreating'a new cultural attraction in Augusta. The Augusta Cotton Exchange Museum will strive to be a soUrce of unity for the entire A.ugusta co~munity. Sincerely, , lP~~ . Augusta Cotton: Exchange Museum, Inc. - by: William W. (Bill) Moore, President Encl..' .~ ",-j ~ t: '. -; ,.': '. . ;'l.'~. \ : '. :1, .:.. :." . (.'), ' . ,'j -. . . . . . , ~.. , .' ~ CERTIFIED PUBLIC ACCOUNTANTS & CONSULTANTS . ,." . J'! " . . ',. ....... ; . . . , : ~' .""," , December 20, 1999 . ~ : ::. , , . ~ i ,. . ~" . , ., : " , '; 'Mr. & Mis. William Moore . .: . 215' Gra~e Avenue SE ::'AllCen, SC 29801-4911, . '. f ,'~ . , "::Dear'Mrj'& Mrs. Moore': Vie have received F'oml 023 Application for Recognition of Exemption, which you have .prepared for the , ~Cottori Exc~ange Building. We are in the process of reviewing the form and its attachments to prepare it " ;: for fulal filing with the Internal Revenue Service: When we complete this process we will contact you with, ,'any additional information needed. When the application has been made final, you will need to sign it and . , ;;: mail it to the IRS. , " ,.' ,If you have a.ny questions regarding this procedure please do not hesitate to contact us. Very truly yours, ";' , , .. ~ . . CHERRY, BEKAERT & HOLLAND, L.L.P. ' ..:' : . k--t~ . ' \ " ' ....., Scott R. Kane, CPA ,- ~;' ~. '.' ',' .1 . ' '., '::, . ( . .. . ~ " '. .! ".. I I I I I I I I I I I I I I I I I I I PROPOSAL Allg"lstll COttOI) ]~XCllallge MIISelllll ~ A William W. Moore 215 Grace Avenue S. E. Aiken, S. C. 29801 (803) 648-2804 Fax (803) 649-3188 I I I I I I I I I I I I I I I I I I I :;:::::::i:::)::::j!j:i:::':::!:i)::i:::,)::!:!!!!:::::))),j):!"!j!ji::::::::::::!::::::,::::::::::,::::::::::::::::::, "::,"'" '::.::::'::'::::::'lUg.$I.:C...n....:b~b.mI...MU$..Qm ~~~~~!,~~_''''C$_~____-W'''''] The Augusta Cotton Exchange Museum will be poised to spread the tourist and commercial activity from the footpaths along the Savannah River over to Reynolds and Broad Streets, to Laney Walker Boulevard, and beyond. Augusta's many great attractions need to be showcased in one 'gateway' location, and the historic Cotton Exchange Building is the natural choice. The Cotton Exchange, built in 1886, is a physical embodiment of this whole region's social and economic history. There is a fascination with this history for people all over the world, as the "Guest Book" kept at the front desk of the Cotton Exchange testifies. And the continuously growing number of visitors to the Cotton Exchange also testifies to this enduring interest in our past. Heritage tourism is hot. It is one of the fastest -growing segments in the tourist industry. One-third of all travelers are looking for cultural or historical activities and they outspend the average traveler by nearly 45 percent. The Augusta Cotton Exchange Museum will, for the first time in Augusta's history, showcase Augusta's cultural mosaic under one roof. With the purchase of a single, unified ticket, the visitor to Augusta will have access to all of Augusta's many and varied cultural attractions and historical sites. The Augusta Cotton Exchange Museum will invite our visitors to experience the places and activities that authentically represent the stories and people of Augusta's past and present in an enjoyable, engaging and meaningful way. By preserving and promoting Augusta's cultural heritage and legacy we will enhance and sustain Augusta's future. ':.~Pm~H):.jl:~~~..::::::):::::::::::::::::::::::,:::::'::::::::::::::::::::,::,:::':,::,::,:::::::::::::::,:'::'::::::::'::::::::::::::::::::':::::::'.:':::::::::::::_:00,,:'::::::::::::::: I I I I I I I I I I, I I I I I I I I I :::::::::::::::::::::::::::::::::::::':::::::::::::::::::::,::::::::::::::::::::::,!:)'::::::::::::: "::::i:::::::::::':: :'::::::::::::::::::,:::::':::::.AUg'$I..c.o.n.o.":h~b.ge'MU$..nm IMISSION STATEMENT ::::::::::~::::::::.:::::::::::::::::::::::::::::::~~:::::::::::::::::::~:::::::::::::::::::::::::::::::::::::::::::::::;:::::::::::;:::::;:::::::::;:::::::;:;:::;';';".':.:.:::.:::::." .' '.' . '.' ". .' '. I"" '......:.:.:.;.:.:.:.:.:.:-............,........'..............................;....:;:..:..,...:::::::::;:::;:::;:::::::::;:::::;:::;:;:;:::;:::::::;:;:;:;:::::::;:,:::::::::::::::;:::;:::;:;:::::;:;:::;:;:;:;:;:;:;:;:;:;:::::::::;:::::::: The mission of the Augusta Cotton Exchange Museum will be to tell the story of cotton in Augusta. We will utilize historical artifacts, professional story-tellers and modern technology. The Augusta Cotton Exchange Museum will be the focal point for other cultural and tourist attractions in Augusta, providing links to the Riverwalk, Broad Street, the Lucey Craft Laney Museum, etc. The Augusta Cotton Exchange Museum will develop, encourage and promote Augusta's heritage tourism. ~1!!!!!!!!~l!,,~!"W -,.-"''''''''-;m__--l The Augusta Cotton Exchange Museum will develop a unique series of programs and events: . A "Story-Telling Room" will be established, with a program emphasizing the oral history and traditions of cotton. This would be of particular interest to schools, children's groups, etc. . Live craft demonstrations, involving cotton, cotton artifacts, etc., will be offered. . Lectures by local and visiting experts specializing in Augusta's history, the history of cotton, etc., will be presented. . A film telling "The Story of Cotton In Augusta" will be shown every 30 minutes. . A gift shop will sell souvenirs unique to the story of cotton in Augusta, most especially "Cotton Exchange Memberships" for a nominal fee. . The artistic community will be invited to exhibit works, offer talks, etc. ::...P.Yt'.;f;:.~/~~~..;:::::;;:::::::::::::;::::):':;:;;;')'::.:';::::":)';:;:::::'i:'i::'::'::""::'::;::'::",:::::,::'::':j'::,:::::::i:::::::::':,,::";'i':.'::;::jhjj;TW.ii::':::));'::;:: I I I I I I I I I I I I I I I I I I I .,..,...,..,..",...............,.",..,..................................,.., ......,.,.........,..,........ , . . . . . . . . . . . . . . . . . . . . . . .. . . , . . . . , . . . . . . . . . ' . . , . . , . . , , . . . . , . . . . . , . . . . . . . . . . . . . , , . . . . . . . . . , . . , . . , . . . . . . . . . . . . . . . . . . . . , . . ,. . ...,.......,..........,..,..,...."."",......,......................,.........,.... ,... .,...........'."..,.........,..........,......................,..,..,."..........,...............,."..,'...' ..,....,..,..............,.. ...............................................................,.."...",.........,..,..,.....,.."...,'.."., .,..,...................... ............."...........,.......................................,...,.......,..,.,..,..,.....,...".""..,,.,.. ,.....,.,..",......................................................,.........,.......,..........." .... ..,.,..,."",............... ,......"......................................,..,..,...,.......,.,.,.....,.............,..,..,.."..,.,..'.. .,..,..,......,.............. ::::,::,:::~:AUU..$I.:C...Uo.:h~b.pg..:MU$...p.m ~!-,:~,!!::::~!:!:!!::::::::::::J7::8:::::::::':'::::f:~:;;:';C'J':7?:::::::::::::::::::::::::::::m:?:::~:::~:::'~:::,:::':;'::7:::::::::::::::::::7::;;:::::::: ~.. . . '. ...........:.....:.:....;,;.:.;.;':.:.:.:.:.:.:.:.:.:.:.:.:.:.;.:.;.;,;.:.;.;.;.:.;.:-:.:.:-:.:.:.:.:.:.:-;.:.;.: .....,.....,..........................................,..........,....,.....,.,.,.,.,.,.,.,.,...,..,.....,. We will utilize the original architectural configuration of the second floor of the Cotton Exchange to present five significant aspects of Augusta's heritage: it!~Ch~~~JV Room . Films . Lectures . Individual electronic inter-active kiosks . Commercial displays . Cultural activities Official Sponsors: . Augusta Metropolitan Convention and Visitors Bureau . Metro Augusta Chamber of Commerce . C.S.R.A. Business League ~ HISTORICAl & PICTORIAl ROOM . Artifacts . Historical displays . Heritage presentations . Architectural displays . Cultural activities : i$, .mtm H: :ljJ ~~J;..::::::::::: ~ ~:::: ~ ~::::::::' ~:: ~:,:::,::::. ~::' ~ ~'~::::'::: ~ ~ ~::,::::::: ~.: ~:::.::,.:: ~:'::,:::::':::: ~':::::.::' ~::.:'.::':: ~::::: ~::::,::'::': :,....~ Tbt...:::::::::..::::: I I I I I I I I I I I I I I I I I I I ,)::))i))i)i))iii)'))::::)ii::ii:)i)iiii)i::i:::::)::):)::'::'::ii:i):iiii::::iiiii:::,::::i:::::::::::i:::)ii):,):::::,::::::ii,::::::,:i::i:::i:'.::):'i:'m......:.Ono.Qibc.h..riDe.:MQi..u.. Official Sponsors: . Lucy Craft Laney Museum . Historic Augusta . Area Churches ~ EDUCATIONAL ROOM . Story-telling . Children's educational programming . Music . Literary programs: - Poetry readings - Book readings - Book signings Official Sponsors: . Fort Discovery . Augusta book stores ~ ARTIFACTS & CRAFTsI MANUFACTURING & TRANSPORTATION .' Display of historical crafts . Craft making . Antiques: - Historical furnishings, objects, etc. - Period clothing & costumes - Medical instruments, apparatus, etc. :[~.~gmHii.~J~~l.~:::::ii:i:::i::i:::i::i:i::::i:::::::::::::iii,i:iiiii:::ii:i::::::i::,::,::,i:ii:,::::::::ii::i::ii::i,:i::::::):::)::::)))):):::,i::)):)ii:iii:iipage:fOlt~::::::::::::::): I I I I I I I I I I I I I I II I I I I ::::::::::: :::::::: ::: ::::::::::::: :::::: :::: ::: ::::,::: ::::::::: ::::::: ::::::,: :,:::::::::::'::::: :::,::::::::::::::'::::::'::: i:'::': i:: i,: i::: i: i,: ::: ::: AUa......: Cono..: h~....riDe: MUleUm Official Sponsors: . Broad Street Merchants . Augusta craft organizations . Augusta clothiers . Canal Authority . Enterprise Mill . Medical College of Georgia . Railroads ~ HAllWAYS: ARTS & CULTURAl. DISPLAYS . Wall displays of contemporary art . Cultural information Official Sponsors: . Augusta arts groups ISTART -UP B~~!~~,_~,~~~~.~,_,==~~...... ~-;.~:::.::::::::~:::::'~:;:::::~~:~::::::;::::::::;:::::::::::::;~:::::~::~:::::;::::::::;::::::.:':::::.:.:.:::::::::::::;:~::::~::::.:::.:.:::::::.:::::::::::::::::::.:::;:::::::;:::::::;:;:;:;:;:;:;:::;:.;.;.:;::;.:;:;:::::::;:::;:;:. ]; ::::::::::::::~::::::::::::;::::::::::::::::::r:::::::::::::::TI:T:T:Z:Z:T:::~::::::::::::::r~::::z:::::::::::::::::::::::.:.::::::::::::::::::::::::~::::::::~~ . Develonment & Stan-up Budget: - Four rooms and hallways: $ 110,000.00 . ..... ,..... ...... ................. ..............,....................................... :,..~I~f::.!l.I:~~~.~::::::::::::::::::::::::i::::::.:::::,::::::::::::;::::::::::':::;:.::::::.::::::::::;.:";::;::::::'::;::.::::::::;::::::::;:::::::::::;;:::::::::paue:fiI.:::;:.:;:::::::::: I I I I I I I I I I I I I I I I I I I ............ .-. ........................,..,.... '.- '.....,..............,............. ........................ ..............,..,.,."................,...........,..,........."................... ......................., .............,.,...................,..,..,......................,...................,.... ........... ,..............................................,..,.......".,......,.........................................,..............,.. " ,..............................................,.....,.,'....n.'...'..,..,........,..,.,................,.."............,.....".,. ........."...............,....................,..,.,..,.........,..................,................................................ ..........,..,............,....,......................................................................... ..................,..,..,.. ..........,..............,..................,.....,..............,................ .... .... ...................... "'" ='::::::::m.....:c.QnQ.i'~~....nuQ:MQ$..Qm I!:!!!:::!:!:!!!!:::::::::::::::::::::::::::::::::::::::::::::<::;:::::~:,,:::::::::::~:::::::::::::;'f::::'f::::::::::7rr:::::::W:::::::T:::::::77:f:';:W::W::::::::::7:f:';:~TT:7:f:::::::::::::n:::w:::~'\::::::::::::::::::::::::::::::::::::::;:::;r::::::::::::::::;r:::::::::::mJ!:I:1 Rent: (Second Floor @ 10.00 p.s.f.) $ 36,000.00 Insurance: 1,500.00 Janitorial: 6,000.00 Management: 4,000.00 Maintenance: 5,000.00 Children's Pro grams: - Program Co-ordinator: 10,000.00 - Salary: 15,000.00 - Other: 5,000.00 Accounting: 2,000.00 Utilities: 7,500.00 Administration: - Salary: 10,000.00 - Other: 2,500.00 Contingency: 2,000.00 Fundraising & Public Relations: 10,0000.00 TOT AL: $ 116,500.00 ::_..~.... :r::.~~~!.~: ::~ ~:::!::)!::::;: :~:::: ~ :::: ~:::: ::::::,::':,.:: '::: ~ ~::::; ~,:; ~~:,::,::.,: '~: ';; ': :':: .:::;:::):;:~: ::::;;::::: ~::::; ~::::::::::'::: ~ ~:;: : 'ii):: .:'80..5g: ::: ~:::.:::.:::: I I I I I I I I I I I I I I I I I I I :::::::::::::::::::::::.:.::::::::::,::::::::::::::.:::::::::::::::::::..::::::.::::::.::::...:::.:,.:.:::.::::,:::::,::::::::::..:::.::.::.::,::,::,:::::,:AWI....:c.QnQ':"~b.mI":MU$"Qm lMARmlltG STUDY. ----- ----, 1~1: ,,'....:':.:'.',':';,':'::.::..:.:::::.':::::':::::::-:-:-::.:.:.:::::.:,.::,:.:::,:",:,:,.",::',':',':'""":,:',:,:,':',:",:,:",:"",:",,,::':::::..:::;.:-:.:::::::::~:::::w::::::::::::::::::::::::::::::::::::::::::::::::::::::;:IT:R::::R::;::r::m:::IT::::::'<'?:R~::::::::::::::::,::::::::::::::::::::::::::::~::::,::::::::,:::::::::::::::::;m~:J:~: * Based on "Visitor Research and Marketing Study" (completed July, 1997) :The. Lyerly Agency, Charlotte, North Carolina . The Historic Cotton Exchange was ranked third, among the "Top Ten Attractions Visited." . The Historic Cotton Exchange was the third most visited attraction, after the Riverwalk and the Masters Golf Tournament. . The Historic Cotton Exchange was named by visitors among the top three "Things Liked in Augusta," along with Riverwalk and the friendly people. . The Historic Cotton Exchange was listed as the second activity for "The Perfect 3-Day Getaway": "Day 1: ...Visit the Historic Cotton Exchange and learn how cotton created Augusta's culture." :.$,,~~:r::~~~~~::::::::::::::::::::::::::::::'::::::::::::::,::'::::::::::::::::::::::::::::::::::::::::::::::::,::::::::::::::::::::::::::::::::::::::::::::::,a..SeWen:::::.:::::::::: I I I. I I I I I I I I I I I I I I I I Georgia Department of Agriculture Capitol Square · Atlanta, Georgia 30334-4201 . TTYITDD (404) 657-8387 TOlllmy lrvin CIJllllllissiol1cr August 20, 19998 Mr. William W. Moore 215 Grace Avenue, SE Aiken, South Carolina 29801 Dear Mr. Moore: I appreciate your recent telephone call and letter regarding the plans for the Augusta Cotton Exchange. I do share the sentiments that cotton, and its history, holds a fascination for people worldwide. Not only has cotton played a very important part in the history of Georgia and the southeastern United States, but it also holds a very important economic place in our future. Please pursue your contacts with the Department of Natural Resources to involve them in the preservation of this important regional, if not national, historical site. I wish you the very best in the development of a museum centered on cotton at the Exchange. We may very well be in a position to assist in locating some historical artifacts for the museum once it is established and, if there are no legal restraints, would be interested in being an official sponsor for the museum. Please keeo me oosted. If there is anvthina I can do, oleasA let me know. I I .I....,. I . . Sincerely, '9-0-4 ~-a". , Tommy Ipt'ln EQUAL OPPORTUNITY EMPLOYER I I I I I I I I. I I I I I I I' I I I I LUCY CRAFT LANEY MUSEUM 1116 PHILLIPS STREET AUGUSTA, GA. 30901 8 OCTOBER 1999 Mr. William W. Moore 215 Grace Avenue, S.E. Aiken, South Carolina 29801 Dear Mr. Moore: Thank you for inviting us to participate in the proposed Cotton Exchange Project. We think it has a great deal of potential for tourism. Our board has met and have unanimously agreed to participate in the Cotton Exchange Program Project as discussed during our recent conversation. Further, as we discussed, we expect to design and construct our component of the exhibit. Again, thank you for including us in your project. Sincerely, /i J'L' . .J-t- . )) )L-t.--Ll~ - ",., &.:;fr;- C/l/ .c<1-A..' .~(... Mrs. Christine Miller-Betts Executive Director