Dublin Core
Title
Box 8, Folder 21, Document 30
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Text
THIS AGREEMENT entered into this day of ,
1969, by and between the City of Atlanta, a municipal corporation,
(Model Cities Program), hereinafter referred to as the "CDA", and
ECONOMIC OPPORTUNITY ATLANTA, INC., a non-profit corporation of
the City/County of Atlanta/Fulton, state of Georgia, hereinafter
referred to as the "Agency".
WHIT N Bo S_s_ ET A
WHEREAS, the CDA on the 20th day of May, 1969, received
a Grant under Title I of the Demonstration Cities and Metropolitan
‘Development Act of 1966 from the Office of the United States
Department of Housing:and Urban Development, hereinafter referred
to as HUD, said grant designated as HUD Grant No. ME-10-001; and
WHEREAS, pursuant to said grant the CDA is undertaking
certain activities; anda
WHEREAS, pursuant to said grant the CDA desires to engage
the Agency to render certain assistance in such undertakings,
NOW, THEREFORE, for valuable mnsideration and mutual
promises exchanged between the parties hereto it is agreed as
follows:
$ 1. The agency shall, in satisfactory and proper manner as
determined by the CDA, perform the following services:
EXHIBIT A
TOTAL BUDGET
PROJECT NO. & DESCRIPTION SUPPLEMENTAL NON-SUPPLEMENTAL
SS-049 Project Expand 87,062
a. The purpose of Project Expand is to establish
more effective services in the pode nies of
the Model Cities Area. The participants are
residents in need of Raiicans resident workers
facilitating the use of services and ihe needed
supportive prdfessinndd stare that may not be of
the area as specifically set forth in Exhibit A
which is attached neeete and made a part hereof.
2. Any release to the news media pertaining to the services
as stated herein shall be cleared through the CDA
Director prior to its release. Any publicity given to
the program's project herein must recognize the Atlanta
Model Neighborhood Program as the sponsoring agency,
funded by the United States Department of Housing and
Urban Development.
3. The services of the agency shall commence as soon as
practicable after the execution of this contract and
operate for that period of time specifically set forth
in the respective exhibit.
A. CDA and Agency Agree:
1. Payment shall be on a monthly reimbursement basis upon
CDA's receipt of a report of combined cost control and
statement of sedonneadwinity from the venice (forms to
be provided). , :
2. Payment under this contract is limited to the below
designated projects together with the total costs stated,
and in accordance with the respective project's budget
which is a part of the seb pedeive canibies herein.
Sy TOTAL BUDGET
PROJECT NO. & DESCRIPTION SUPPLEMENTAL NON-SUPPLEMENT?
SS-049N Project Expand 87,062 :
5.
It is expressly understood and agreed that in no
event shall the total compensation for the project
exceed the maximum sum indicated above. oo
This contractual agreement may be renewed or renegotiated
upon receipt of funds from federal or local sources on
a year-to-year basis. |
Changes.
Any change in the scope of services of the Agency to be
performed hereunder, including any increase or decrease
in the amount of the Agency's compensation, must have
prior approval from the CDA and must be incorporated in
written amendments to this contract.
Likewise any changes in scope of services of CDA, which
is mutually agreed upon by and between CDA and Agency,
shall be incorporated in written amendments to this contract.
If the Agency incurs expenses in excess of the amount
allowable under this contract, the amount of the over-
expenditure must be absorbed by the Agency.. However,
this does niGt srectude the Agency from requesting a
modification of this contract when it becomes evident that
the Agency's efforts must be expanded to adequately serve
program participants.
Termination of Contract.
If, through any cause, the Agency shall fail to fulfill
in timely and proper manner his obligations under this
contract, or if the Agency shall violate any of the
covenants, agreements, or stipulations of this contract,
or if the grant from HUD under which this contract is
made is terminated by HUD, the CDA shall thereupon have
the right to terminate . this contract by giving written
notice to the Agency of such termination and specifying
the effective date thereof. In the event of termination,
all property and finished or unfinished documents, data,
studies, and reports purchased or prepared by the Agency
under this contract shall, at the option of the CDA, becomes
its property and the Agency shall be entitled to compensation
for any reimbursable expenses necessarily incurred in
satisfactory performance of this contract. If the CDA with-
holds eae. it shall advise the Agency and specify the
actions that must be taken, in case of suspension, as
a condition precedent to the resumption of payments.
The Agency will remit any unexpended balance of payments
on account oe grant as well as such other portions of such
payments previously received as determined by the CDA to
be due the CDA. The action of the CDA in accepting any
such amount shall not constitute a waiver of any claim
which the CDA may otherwise have arising out of this
agreement. |
Travel Expenses.
The Agency's expenses charged for Seaver: shall not exceed
those which would be allowed under the rules of the United
States Government governing official: travel by its
employees. |
Covenant Against Contingent Fees.
The Agency warrants that no person or selling agency or
other organization has been employed or retained to
sOlicit or secure this contract upon an agreement or
understanding for a commission, percentage, brokerage,
or contingent fee. For breach or violation of this
aa
10.
aK,
warranty, the CDA shall have the right to annul this
contract without liability or, at its discretion, to
deduct from the compensation, or otherwise recover,
the full amount of such commission, percentage, brokerage
or contingent fee.
Compliance with Local and Federal Rules, Regulations
and _ Laws.
The Agency shall comply with all applicable law, ordinances
and codes of the state and local governments. |
Shift of Funds.
Funds may be shifted between line items of a single project
without prior approval only to the extent that dah action
is not a result of significant change in a approved pro-
gram and so long as it does not exceed 10% of the line
item total from which the funds are being removed or to
which added. A report of fund shifts will be made to the
CDA fiscal officer within three work days after its
effective date. Any shifts of funds between projects
or other changes must be approved in advance of obligations.
Financial Statement.
Subject to receipt of funds from HUD, the CDA shall make
payment under this contract’ in accordance with the following
method, such payment to be made upon presentation of a
requisition for payment by the Agency. The requisition
for payment shall indicate the disposition of the amount
requested by reference to the categories of expenses as
detailed in respective budgets.
The agency will furnish the CDA a financial statement each
*
month indicating the expenditure of CDA's funds for that
month. This statement is to reach the CDA not later than
the 5th of the month following the month the expenditure
was made. (Forms and instructions will be erevsdean.
The agency will furnish the CDA a statement submitted
by the appropriate financial officer stating that he
accepts the responsibility.for providing financial
services adequate to ijcure the establishment and main-
tenance of an accounting system with adequate internal con-
trol.
Books of Account and Records.
The agency shall maintain a general ledger in which to
record a summarization of all accounting transactions
relating to the projects listed herein, and £6 classify
such transactions according to the accounts: prescribed
in the project budget categories. In addition, the Agency
shall maintain a cash receipt and disbursement register
in which receipt of funds and disbursement of funds will
be documented. Funds disbursed by the agency shall be
made by pre-numbered checks used in numerical sequence
and must be supported by appropriate documentation, such
as payroll, invoices, contract, travel payment, etc.,
evidencing the nature and pesorieey of each payment, and
showing the approval of the chief fiscal officer or other
authorized official of the agency.
Fidelity Bonding Requirement.
Prior to the disbursement of funds to the Agency the
CDA shall receive a statement from the Agency's chief
fiscal officer or insurer assuring that all persons
handling funds received or disbursed under this contract
.
12.
L3ie
are covered by fidelity insurance in an amount consistent
with sound fiscal practice and with the coverage deemed
necessary by the CDA for its own employees. (Additional
information, if needed, will. be supplied by CDA).
Maintenance of Records.
The agency shall maintain such records and accounts,
including property, personnel, and financial records, as
are deemed necessary by the CDA or HUD to assure a
. proper accounting for all project funds. These records
will be made available for audit purposes to the CDA,
HUD or the Comptroller General of the United States or
any authorized representative, and will be retained for
three years after the expiration of this contract.
Non-expendabie Property.
All non-expendable property acquired for the program
will revert to the CDA unless otherwise provided for,
such non-expendable property being property which will
not be consumed or lose its identity, and which cost
$100 or more per unit and is expected to have a useful
life of one year or more. All such property acquired by
the Agency will be listed on a property record inventory
by deseedption, model and serial number, date of acquisition,
cost of acquisition and identified as new or used. An
updated signed copy of this inventory will be provided
the Program Management Department of the CDA each month
following a physical inventory.
14.
15.
16.
17.
18.
Evaluation.
The agency agrees that the CDA may carry out monitoring
and evaluation activities as determined necessary by
the CDA or HUD.
Subcontracts.
None of the work or services covered by this contract
shall be subcontracted without the prior written approval
of the CDA. Any work or services subcontracted hereunder
shall be specified by written contract or agreement and
shall be subject to each provision of this contract.
Direct Depositing of Funds.
The agency shall designate a commercial bank as the
depository for the receipt of funds. The CDA shall,
Yr assuring itself of the propriety and accuracy of
the account, deposit all funds which are made available
to the agency directly into the designated bank account.
In cases wceakeente are made available on an advanced
basis, the agency shall require the commercial bank to
secure fully all funds on deposit in excess of the
amount insured by Federal or State Agency.
This agreement is subject to and incorporates the
attached Part Ii, Model Cities Administration Supplementary
General Conditions Governing Contracts with Spevacing
agencies and contractors.
The agency agrees to assist the CDA in complying with all
of the "Conditions Governing Grants under Title I, Sections
105 and 107 of the Demonstration Cities and Metropolitan
Development Act of 1966."
IN WITNESS WHEREOF, the CDA and Agency have executed this
agreement as of the Gate first above written.
ATTEST : CITY OF ATLANTA (SEAL)
BY: BY:
City Clerk Mayor
APPROVED: : ECONOMIC OPPORTUNITY OF ATLANTA, INC.
BY: BY: (SEAL )
Director Model Neighborhood Program (Title)
APPROVED AS TO FORM:
Associate City Attorney
1969, by and between the City of Atlanta, a municipal corporation,
(Model Cities Program), hereinafter referred to as the "CDA", and
ECONOMIC OPPORTUNITY ATLANTA, INC., a non-profit corporation of
the City/County of Atlanta/Fulton, state of Georgia, hereinafter
referred to as the "Agency".
WHIT N Bo S_s_ ET A
WHEREAS, the CDA on the 20th day of May, 1969, received
a Grant under Title I of the Demonstration Cities and Metropolitan
‘Development Act of 1966 from the Office of the United States
Department of Housing:and Urban Development, hereinafter referred
to as HUD, said grant designated as HUD Grant No. ME-10-001; and
WHEREAS, pursuant to said grant the CDA is undertaking
certain activities; anda
WHEREAS, pursuant to said grant the CDA desires to engage
the Agency to render certain assistance in such undertakings,
NOW, THEREFORE, for valuable mnsideration and mutual
promises exchanged between the parties hereto it is agreed as
follows:
$ 1. The agency shall, in satisfactory and proper manner as
determined by the CDA, perform the following services:
EXHIBIT A
TOTAL BUDGET
PROJECT NO. & DESCRIPTION SUPPLEMENTAL NON-SUPPLEMENTAL
SS-049 Project Expand 87,062
a. The purpose of Project Expand is to establish
more effective services in the pode nies of
the Model Cities Area. The participants are
residents in need of Raiicans resident workers
facilitating the use of services and ihe needed
supportive prdfessinndd stare that may not be of
the area as specifically set forth in Exhibit A
which is attached neeete and made a part hereof.
2. Any release to the news media pertaining to the services
as stated herein shall be cleared through the CDA
Director prior to its release. Any publicity given to
the program's project herein must recognize the Atlanta
Model Neighborhood Program as the sponsoring agency,
funded by the United States Department of Housing and
Urban Development.
3. The services of the agency shall commence as soon as
practicable after the execution of this contract and
operate for that period of time specifically set forth
in the respective exhibit.
A. CDA and Agency Agree:
1. Payment shall be on a monthly reimbursement basis upon
CDA's receipt of a report of combined cost control and
statement of sedonneadwinity from the venice (forms to
be provided). , :
2. Payment under this contract is limited to the below
designated projects together with the total costs stated,
and in accordance with the respective project's budget
which is a part of the seb pedeive canibies herein.
Sy TOTAL BUDGET
PROJECT NO. & DESCRIPTION SUPPLEMENTAL NON-SUPPLEMENT?
SS-049N Project Expand 87,062 :
5.
It is expressly understood and agreed that in no
event shall the total compensation for the project
exceed the maximum sum indicated above. oo
This contractual agreement may be renewed or renegotiated
upon receipt of funds from federal or local sources on
a year-to-year basis. |
Changes.
Any change in the scope of services of the Agency to be
performed hereunder, including any increase or decrease
in the amount of the Agency's compensation, must have
prior approval from the CDA and must be incorporated in
written amendments to this contract.
Likewise any changes in scope of services of CDA, which
is mutually agreed upon by and between CDA and Agency,
shall be incorporated in written amendments to this contract.
If the Agency incurs expenses in excess of the amount
allowable under this contract, the amount of the over-
expenditure must be absorbed by the Agency.. However,
this does niGt srectude the Agency from requesting a
modification of this contract when it becomes evident that
the Agency's efforts must be expanded to adequately serve
program participants.
Termination of Contract.
If, through any cause, the Agency shall fail to fulfill
in timely and proper manner his obligations under this
contract, or if the Agency shall violate any of the
covenants, agreements, or stipulations of this contract,
or if the grant from HUD under which this contract is
made is terminated by HUD, the CDA shall thereupon have
the right to terminate . this contract by giving written
notice to the Agency of such termination and specifying
the effective date thereof. In the event of termination,
all property and finished or unfinished documents, data,
studies, and reports purchased or prepared by the Agency
under this contract shall, at the option of the CDA, becomes
its property and the Agency shall be entitled to compensation
for any reimbursable expenses necessarily incurred in
satisfactory performance of this contract. If the CDA with-
holds eae. it shall advise the Agency and specify the
actions that must be taken, in case of suspension, as
a condition precedent to the resumption of payments.
The Agency will remit any unexpended balance of payments
on account oe grant as well as such other portions of such
payments previously received as determined by the CDA to
be due the CDA. The action of the CDA in accepting any
such amount shall not constitute a waiver of any claim
which the CDA may otherwise have arising out of this
agreement. |
Travel Expenses.
The Agency's expenses charged for Seaver: shall not exceed
those which would be allowed under the rules of the United
States Government governing official: travel by its
employees. |
Covenant Against Contingent Fees.
The Agency warrants that no person or selling agency or
other organization has been employed or retained to
sOlicit or secure this contract upon an agreement or
understanding for a commission, percentage, brokerage,
or contingent fee. For breach or violation of this
aa
10.
aK,
warranty, the CDA shall have the right to annul this
contract without liability or, at its discretion, to
deduct from the compensation, or otherwise recover,
the full amount of such commission, percentage, brokerage
or contingent fee.
Compliance with Local and Federal Rules, Regulations
and _ Laws.
The Agency shall comply with all applicable law, ordinances
and codes of the state and local governments. |
Shift of Funds.
Funds may be shifted between line items of a single project
without prior approval only to the extent that dah action
is not a result of significant change in a approved pro-
gram and so long as it does not exceed 10% of the line
item total from which the funds are being removed or to
which added. A report of fund shifts will be made to the
CDA fiscal officer within three work days after its
effective date. Any shifts of funds between projects
or other changes must be approved in advance of obligations.
Financial Statement.
Subject to receipt of funds from HUD, the CDA shall make
payment under this contract’ in accordance with the following
method, such payment to be made upon presentation of a
requisition for payment by the Agency. The requisition
for payment shall indicate the disposition of the amount
requested by reference to the categories of expenses as
detailed in respective budgets.
The agency will furnish the CDA a financial statement each
*
month indicating the expenditure of CDA's funds for that
month. This statement is to reach the CDA not later than
the 5th of the month following the month the expenditure
was made. (Forms and instructions will be erevsdean.
The agency will furnish the CDA a statement submitted
by the appropriate financial officer stating that he
accepts the responsibility.for providing financial
services adequate to ijcure the establishment and main-
tenance of an accounting system with adequate internal con-
trol.
Books of Account and Records.
The agency shall maintain a general ledger in which to
record a summarization of all accounting transactions
relating to the projects listed herein, and £6 classify
such transactions according to the accounts: prescribed
in the project budget categories. In addition, the Agency
shall maintain a cash receipt and disbursement register
in which receipt of funds and disbursement of funds will
be documented. Funds disbursed by the agency shall be
made by pre-numbered checks used in numerical sequence
and must be supported by appropriate documentation, such
as payroll, invoices, contract, travel payment, etc.,
evidencing the nature and pesorieey of each payment, and
showing the approval of the chief fiscal officer or other
authorized official of the agency.
Fidelity Bonding Requirement.
Prior to the disbursement of funds to the Agency the
CDA shall receive a statement from the Agency's chief
fiscal officer or insurer assuring that all persons
handling funds received or disbursed under this contract
.
12.
L3ie
are covered by fidelity insurance in an amount consistent
with sound fiscal practice and with the coverage deemed
necessary by the CDA for its own employees. (Additional
information, if needed, will. be supplied by CDA).
Maintenance of Records.
The agency shall maintain such records and accounts,
including property, personnel, and financial records, as
are deemed necessary by the CDA or HUD to assure a
. proper accounting for all project funds. These records
will be made available for audit purposes to the CDA,
HUD or the Comptroller General of the United States or
any authorized representative, and will be retained for
three years after the expiration of this contract.
Non-expendabie Property.
All non-expendable property acquired for the program
will revert to the CDA unless otherwise provided for,
such non-expendable property being property which will
not be consumed or lose its identity, and which cost
$100 or more per unit and is expected to have a useful
life of one year or more. All such property acquired by
the Agency will be listed on a property record inventory
by deseedption, model and serial number, date of acquisition,
cost of acquisition and identified as new or used. An
updated signed copy of this inventory will be provided
the Program Management Department of the CDA each month
following a physical inventory.
14.
15.
16.
17.
18.
Evaluation.
The agency agrees that the CDA may carry out monitoring
and evaluation activities as determined necessary by
the CDA or HUD.
Subcontracts.
None of the work or services covered by this contract
shall be subcontracted without the prior written approval
of the CDA. Any work or services subcontracted hereunder
shall be specified by written contract or agreement and
shall be subject to each provision of this contract.
Direct Depositing of Funds.
The agency shall designate a commercial bank as the
depository for the receipt of funds. The CDA shall,
Yr assuring itself of the propriety and accuracy of
the account, deposit all funds which are made available
to the agency directly into the designated bank account.
In cases wceakeente are made available on an advanced
basis, the agency shall require the commercial bank to
secure fully all funds on deposit in excess of the
amount insured by Federal or State Agency.
This agreement is subject to and incorporates the
attached Part Ii, Model Cities Administration Supplementary
General Conditions Governing Contracts with Spevacing
agencies and contractors.
The agency agrees to assist the CDA in complying with all
of the "Conditions Governing Grants under Title I, Sections
105 and 107 of the Demonstration Cities and Metropolitan
Development Act of 1966."
IN WITNESS WHEREOF, the CDA and Agency have executed this
agreement as of the Gate first above written.
ATTEST : CITY OF ATLANTA (SEAL)
BY: BY:
City Clerk Mayor
APPROVED: : ECONOMIC OPPORTUNITY OF ATLANTA, INC.
BY: BY: (SEAL )
Director Model Neighborhood Program (Title)
APPROVED AS TO FORM:
Associate City Attorney
Comments