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HomeMy WebLinkAboutNational Hills Club Inc Augusta Richmond GA DOCUMENT NAME: ,f0CX-tiOilGl\ \4'\ \\s Q \u. \) ltG DOCUMENT TYPE: YEAR: 0 '2.- BOX NUMBER: II FILE NUMBER: . ) &i '1 { . NUMBER OF PAGES: '''Lo I GEr-o~-~or-c231 .s-~ r . APF'A0\7E[I~ GEORGIA DEPARTMENT OF JU 1~' I COMMUNITY AFFAIRS N 8..0G1- I I' 'A"GUSTA-R'rWUl'!n "I)'I/Jrv -."''''!O~'f)''\ :' ~,~,,.,:,.,,........;..._:.::~:..~:~' ".:' '~. '.i__' l~~ ::,1.:\)", ll; . Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR June 5, 2002 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: J Governor Barnes has approved an Emergency Fund grant in the amount of $10,000 to Augusta-~ichmond County for the National Hills Club, Inc. for pool repaIrs. Enclosed are two copies of a contract that must be executed by you and returned to me by June 25, 2002. Upon receipt, we will promptly issue a check and return a fully executed copy of the contract to you. Please note ~hat your Federal Employers 1. D. Number is required to process this grant. You must enter this number on page 4 of the contract. / . If you have any questions concerning this grant, please call Bobby Stevens at (404) 679-4943. Oif b,~half of Governor Barnes, we are delighted to assist you and you~_citizens in improving community services. "':;" '.'~~~~~. , ~.- ~'. Sincerely, {. ,1t. "."1~ ;..: ~9-.~ Laura J. Meadows Commissioner LJM/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 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 31, 2002 MS.Tina Slendak, Treasurer National Hills Club, Inc. 1107 Brookwood Drive Augusta, Georgia 30909 Dear Ms. Slendak: Enclosed is a check in the amount of $10,000 representing total payment of your Governor's Emergency Fund (GEF-02-E09-231) appropriations through the Georgia Department of Community Affairs for pool repairs. If I can be of further assistance, please feel free to call. Very truly yours, ~'ll~ Clerk of Commission Enclosure: Authorized pick up Date Y/.3II/D~ ~~ 7:3?-~7~ \ \ GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS Laura Meadows COMMISSIONER Roy E. Barnes GOVERNOR July 23, 2002 Honorable Bob Young, Mayor Augusta-Richmond County 530 Greene Street, Room 801 Augusta, Georgia 30911 Dear Mayor Young: Enclosed is the Governor's Emergency Fund check in the amount of $10,000 to Augusta-Richmond County for the National Hills Club, Inc. for pool repairs. 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. Sincerely, ~?-.~ Laura J. Meadows Commissioner LJM/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 ~qual Opportunity Employer * Recycled Paper AUGUSTA-RICHMOND COUNTY COMMISSION , . 081646 (::::~:~:::~t~~r::::::\::;~~};)d:: ."{:"UDESCRIPTION :0,',_,:;;.:-:":'::: :::~~n; :',.........".'...'.'.'.....,.,",. '. ... P;Oi'NUMBERi r?INVOICE.NUMBER@ )INVO ICE'AMOUN'm;{""'.;, ~~:~:;:::m~~~~~::?:;~::::::::::::::::::::. ."\)n"'f'.NETAMOU NT%'@,; ......, ....."."...,.,..,... ", ',' .........."........ :::..::::::.:"::..:::.".::..,.::..;.:..;::::::::.:.:.:',', w.... :':"~'l 3 RANT GE F 0 2 E 0 9 2 3 1 0 , 0 0 0 0 0 0 0 0 1 0 , 0 0 0 0 0 ... .. CHECK NUMBER CHECK DATE TOTAL 'NVOICES D'SC TOTAL CHECK TOTAL 0 8 1 6 4 6 0 7 / 2 6 / 0 2 1 0 , 0 0 0 0 0 0 0 0 1 0 , 0 0 0 0 0 . 11108 ].. b L. b III I: 0 b ]. 0 00 2 2 7 I: 2080000 70 28 7 bill 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, Assistant Comptroller FROM: Lena J. Bonner, Clerk of Commission DATE: July 25, 2002 SUBJECT: Department of Community Affairs Local Assistance Grant Award Attached is a check in the amount of $10,000.00 from the Department of Community Affairs. Please issue an Augusta Richmond County check to the following Local Assistance Grant recipient, ,:"hich was approved by the Augusta Commission June 18, 2002. . GRANT NUMBER No. GEF-02-E09-231 ORGANIZATION National Hills Club Inc. GRANT AMOUNT $10 000.00 As always, thank you for your assistance. Enclosure: Check .OF 001 , 00000.13727. .' ';. ,. ,.'" AUGUS,TA- RICHMOND ,COUN,T,V<.. AFF~:i'~s::. :, ;'~,:\ /. ~~/N~~ ';"::(':'~::."".":"':i .pood;~'~f~6'~~~i ',:-'" ' . ,., ':,' Check.Date. :~':". ,; ,... ;"".0.7'/19/2002"';1.' . '.' ""',c . :'~ "~':CheckTO~I.::. '. < ':\~:,.,:.":...'.;<._~,,.,.:$,.:,..,:.1..,....0:.,..,'.:.:~,.:..,.O"'.."~.,,,,,".';,~..'~,~...:.,":~.'......;,.,.,.,:.'.:,':....:..:'.,.,1,1! '2i;:..,~;::;;::\;.',~.;/~.~,::,~1:;\.~\;,~:;;i~~\::> , - .'. .' ,'. :.' 'Page" 001 "Vendor No;. .. Vendor Name; STATE OF GEORGIA DEPA~TMENT~O~COMMUNITY . . "'-':'.. :,.~ ' :" ~ "....; . . -. - ~. -." . ..:,\".,0', ArLA~:r-A:, ..~A' , ';,:~BANK 1100-1000'.. INVOICE NUMBER. .'.-, .,...,. . " ..' \' .... ~ ", " " ;,"" '.'. .,~- 10,000:.00 it . ...~,\!~~;~ . '",' '.~' . ~ .' ":;.. ,;.....;::.!.' ' ,'}',/:'.> ,~!. "i..':- .....: c, "'.;',;,.." .... 11-00000575 b b"- 1:0 b .0000 .01: 07 0.7 L, b 5 II- Ii . c'::7:-lli' Office of the Mayor Bob Young, Mayor Room 806, Municipal Building 530 Greene Street, Augusta, GA 30911 (706) 821-1831 - FAX (7d6f821~i835 E-mail: mayoryoung@co.richmond.ga.us July 12, 2002 Honorable Laura J. Meadows, Commissioner Georgia Department of Community Affairs 60 Executive Park South; NE Atlanta, Georgia 30329-2231 Dear Commissioner Meadows: Enclosed is the following executed Emergency Fund Grant (GEF-02-E09-231 ) contract. Organization National Hill, Inc. Grant Award $10,000 Purpose Pool Repairs As always, we appreciate the Governor's support of our community based programs and DCA's continued assistance in the administration of Augusta's grant awards. " . STATE OF GEORGIA ) RICHMOND COUNTY ) GRANT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of June , 2002, between AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, acting by and through the Augusta-Richmond County Commission, (hereinafter referred to as "AUGUST A"); and NATIONAL HILLS CLUB, 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 AUGUST A 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, FORAND IN CONSIDERATION of the mutual covenants and agreement between the parties, it is agreed as follows: I. AUGUSTA agrees to appropriate to the ORGANIZATION, and the ORGANIZATION accepts, the sum of $) 0,000.00 (the "Funds"), to be paid to ORGANIZATION upon execution ofthis Agreement upon the terms set forth in the Grant from the State of Georgia, which is incorporated herein by reference. 2. [n 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: (<Services>>. AUGUSTA has the power to perfonn.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 o Police and fire protection; o Garbage and solid waste collection and disposal; o Public heahh 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; I 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 transpOltation; o Libraries, archives, and mts 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 saidjJUrposes and to account for such Funds in accordance with generally accepted accounting principles. Further, under the Grant Agreement with' the State of Georgia, it is acknowledged that upon request AUGUSTA has agreed to provide the State with any infonnation, documents and/or photographs that AUGUSTA, the State of Georgia, or any of their departments, agents, or employees deems necessary to monitor. performance of this Agreement. ORGANIZATION, therefore, agrees to maintain proper and accurate books, records (!nd accounts reflecting its administration of the Fundsand 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 AUGUST ~ upon request. ORGANIZATION further agrees that an accounting of these Funds shall be included in the next regularly scheduled audit or financial statement of AUGUSTA and any future audits or financial statements until all expenditures of the Funds have been accounted for. ORGANIZATION agrees to provide to AUGUST A documentation of Fund use or a copy of audited financial statements until all expenditures of 2 . '. the Funds have been accounted for. ORGANIZATION acknowledges and agrees that any unresolved findings of AUGUST A concerning expenditure of the Funds, whether based on an audit report, financial statement, project completion report of independent investigation of AUGUSTA, shall preclude the ORGANIZA TION from applying for or receiving any further grants or other funds from AUGUSTA, until such findings are resolved to the satisfaction of AUGUSTA. 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 Fundsoutlined in this Agreement, AUGUSTA has not assumed or undel1aken any legal duties as to the ORGANIZATION or others. The ORGANIZATION agrees to make no claims or demands against AUGUSTA, its officers, elected offidals, 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. 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 copyingas provided by law. 7. ORGANIZATION certifies that it is a tax exempt entity under S 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 I, Section 2, Paragraph 7: "No money shall ever be taken from the public treasury, 3 -0 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 conduqedneutrally, without reference to such beliefs and practices. [The words of this prohibition have their ordinary meanings. In Ben;1ett v. City of LaGrange, 153 Ga. 428(1922), the Supreme Court indicated that "religious" connotes faith in God, J 53 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." J 53 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.] 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 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. ] O. AUGUSTA may terminate this Agreement, with or without cause, upon five business days written notice to the ORGANIZATION. Ifat the time of termination, any funds under this Agreement have not been disbursed to the ORGANIZA nON, said funds shall be retained by the City. 11. In addition to the indemnification provision set forth in paragraph 4 hereof, ORGANIZA TION 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 tothis Agreement. 12. All claims, disputes and other matters in question between the AUGUSTA and ORGANIZATION arising out of or relating t6 the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. ORGANIZATION, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior COllIt of Richmond County, Georgia. 4 ", 13. All notices, demands, and requests which mayor are required to be given ORGANIZATION shall be in writing and shall be deemed to have been properly given when sent postage pre~paid by registered or certified mail (with return receipt requested) addressed as follows: NA TlONAL HILLS CLUB, INC, 1107 f>rock u..::>ood br. ~s.{...q GA 30 q o~ 10;.- 3(;;, - ~C;"} (... 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: +BY NATIONAL HILLS CLUB, INC. ORGANIZATION By~~. Asits~D0 Sworn to and subscribed before me this _ day of ,2002. Notary Public My Commission Expires: 5 :- - .-:';1--,. - .,... '~<r' ",. , ,,/ ,. . Grant No. GEF-02-E09-231 STATE OF GEORGIA COUNTY OF DEKALB STATE OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS AGREEMENT FOR GRANTING OF STATE FUNDS THIS AGREEMENT entered into this 3rd day of June, 2002, 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 he?lth and welfare of its citizens; and WHEREAS, mutual cooperation and assistance between the state and its political subdivisi~ns 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 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 $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, 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: $10,000 Within twenty days of the Department's receipt of the executed Agreement. $10,000 Total Disbursement 4. Applicable Dates. The effective date of this Agreement is specified on page one.. .' . .. ,tc- ,. . , ;/ Grant No. GEF-02-E09-231 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. !345-10-20 through !345-1O-28 and a.c.G.A. !336-67 A-I through !336-67 A-6 and that the aforementioned parties shall continuously comply with the same throughout the term of this Agreement. Additionally, the Recipient attests that all officials of the Recipient have certified the same. 6. Enforceable and 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 responsi~ilities 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. 7a. 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 statem~nts 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 ftinds from the Department. until such findings are resolved to the satisfaction of the Department. Th. Grant Certification Form. The Recipient agrees to comply with the terms and conditions of a.c.G.A. !336-81-8.I 'with respect to the completion and submission to the State Auditor of a "State of Georgia Grant Certification Form" for the funds covered by this Agreement. The failure to comply \\lith the requirements of a.c.G.A. ~36-81-8.1 shall result in the forfeiture of such grant and the return to the state of any such grant funds that have been received by the Recipient. 8. Open Meetings. The Recipient certifies that in approving this Agreement. it has complied with all the 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 Depa,rtment and the Recipient. The Department is not an agent or representative of the Recipient a'nd . 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. . -f, .:.f .~ .f\ Grant No. GEF-02-E09-231 Page 3 of 5 11. Satisfaction. In the event the Department determines, in its sole discretion, that the Recipient: (i) has failed to comply with the terms of this Agreement in a timely manner; (ii) has failed to complete all or a portion of the actions required under the Agreement; (iii) has acted in any way contrary to the purposes for which the grant was awarded; or (iv) has violated any federal, state or local law, ordinance or regulation, the Recipient shall be required to return to the Department all funds disbursed under this Agreement, upon request. 12. Sectarian Aid. (a). One of the constraints imposed by the Georgia Constitution on the implementation of grants through private parties is the prohibition against sectarian aid. In the words of the Constitution, "No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution." Ga. Const., Art. 1, 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 oj LaGrange, 153 Ga. 428 (I922) (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 submission will waive the requirement of compliance or prevent th'e 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] '. ;,. '. . 1i'.'" .......- ! Grant No. GEF-02-E09-231 Page 40f 5 IN WITNESS WHEREOF. the parties hereto have executed this Agreement as of the date first written above. FOR THE RECIPIENT By: I .cpJ Federal Employers l.D. Number:. 58-2204274 Attachments: Exhibit A. "Scope of Services" FOR THE DEPARTMENT OF COMMUNITY AFFAIRS By: ~~ vJ~ Laura J. Meadows. comrr4'>~ ~ ~ ~ "i .~.J-;' r Grant No..GEF-02-E09-231 Page 5 of 5 EXHIBIT A The Governor's Emergency Fund Grant shall be used by Augusta-Richmond County for the National Hills Club, Inc. for pool repairs. . 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. rJ STATE OF GEORGIA G~NT CERTIFICATION FORM As required by House Bill 1364 of the 1998 Session of the General Assembly, each grant of state fupds 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 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. . Instructions for Completion , 1. Complete lines A through K on page 20f thislorm. Please note that one fo~ should be used for each grant from the governor's emergency fund~r from a special project appropriation. 2. The appropriate officials should sign .and date the section entitled "Certification of Locci1 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 grarit 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 1 .STATE OF GEORGIA GRANT CERTIFICATIClN 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 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 S~gnature of Chief Financial Officer Date -;.,. i , '.i. . Independent Accountant's Report We have examined management's assertion included in the accompanying State of Georgia Grant Certification Form about [name of government]'scompliance 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 isresp?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 o~ [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.