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Box 8, Folder 25, Document 14
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THIS AGREEMENT entered into this day-Or, ’ |
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1969, by and between the CITY OF ATLANTA, a municipal corporation, lj
(Model Cities Program), hereinafter referred to as the "CDA", and
‘Model Cities Mass Convention, Incorporated, a non-profit corporation,
of the City/County of Atlanta/Fulton State of Georgia, hereinafter
referred to as the "Agency".
WoL NUE. SS EP ot BACT =
WHEREAS, the CDA on the 20th day of May 1969 ee
a Grant under Title 1 of the Demonstration Cities and Metropolitan
Development Act of 1966 from the Office of U. S. 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, and
WHEREAS, the CDA desires to engage the Agency to render
certain assistance in such undertakings,
NOW, THEREFORE, for valuable consideration and mutual
promises exchanged between the parties hereto it is agreed as
follows:
1. The Agency shall, ina satisfactory and proper
manner as determined by the CDA, perform the
following services;
EXHIBIT A
‘ TOTAL BUDGET
PROJECT NO. & DESCRIPTION SUPPLEMENTAL NON-SUPPLEMENTAL
RE-001C Model Cities Mass
Convention, Inc. 87,380 72,000
To provide a vehicle through which Model Neighborhood
Residents will have a voice in determining the future of the
Model Neighborhood.
A. CDA and Agency Agree:
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Payment shall be on a monthly reimbursement basis
upon CDA's receipt of a report of combined cost
control and statement of accountability from the
agency (forms to be provided).
Payment under this contract is limited to the
below designated. project, together with the total
costs stated, and in accordance with the respective
project's budget which are a part of their respective
exhibit herein.
? TOTAL BUDGET
PROJECT NO. & DESCRIPTION SUPPLEMENTAL NON-SUPPLEMENTAL
RE-O01C Model Cities Mass
Convention, Inc. 87,380 72,000
SZ
5.
It is expressly understood and agreed that in no
event shall the total compensation for a project
exceed the maximum sum indicated above.
This contractual agreement may be renewed or re-
negotiated 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 compensa~
tion, nine have prior approval from the CDA and
must be incorporated in written amendments to this
contract. Likewise any change 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 i |
not preclude 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. ,
Lis through any cause, the Agency shall fail to ful-
FilL ts 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 ankintdhed wecanents, data, studies, and reports
purchased or plapared by the Agency under this contract
shall, at the option of the CDA, become its property
and the agency shall be entitled to compensation for
any reimbursable expenses necessarily incurred in
satisfactory performance of the contract.
If the CDA withholds payment, it shall advise the
agency and specify the actionsthat 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
of 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.
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Travel Expenses.
The Agency's expenses charged for travel shall not
exceed those which would be ailowed 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
OY othex Organization has been employed or retained
to solicit or secure this contract upon an agreement
or eeereienaing for a commission, percentage,
brokerage, or contingent fee. For breach or violation
of this warranty, the CDA shall have the right to
annul’ this contract without liability or, at its
discretion, to deduct from the compensation, or other-
wise recover, the full amount of such commission,
percentage, brokerage or contingent fee.
5.
0.
ll.
Compliance with Local and Federal Rules, Requlations
and Laws.
The Agency shall comply with all applicable laws,
ordinances and codes of the state and local governments.
Shift of Funds.
Funas may be shifted between line items of a single
project without prior approval only to the extent
that such action is not a result of significant
change in an approved program and so long as it does |
nok 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 Gheettesie for payment shall indicate
the ai dbostkion SE the amount requested by reference
to the categories of expenses as detailed in
respective budget. .
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 provided).
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 insure the datsbiishment and
maintenance of an accounting system with adequate
internal control.
Books of Account and Records.
The agency shall maintain a general ledger in which
to sea a summarization of all accounting trans-
actions relating to the projects listed herein, and
to classify such transactions according to the acccunts
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
contracts, travel payment, etc., evidencing the nature
and propriety of each payment, and showing the approval
of the chief fiscal officer or other amthorized
official of the agency.
Fidelity Bonding Requirements.
Prior to the disbursement of funds to the Agency
A? s
13.
the CDA shall receive a statement from the Agency's
chief fiscal orficer or insurer assuring that all
persons handling funds received or disbursed under
this contract 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, anc
will be retained for three years after the expiration
of this contract.
Non-expendable property.
All non-expnedable property acquired for the program
will revert to: the CDA unless otherwise provided for,
such non-expendable property welng propeety which
will not be consumed or lose its identity, and which
cost $100 or more per unit and is expected to have
a Sheful life of one year or more. All such property
acquired by the agency will be listed on a property
record inventory by description, model and serial
number, date of acquisition, cost of acquisition and
identified as new or used. An vpdated signed copy of
this inventory will be provided the fiscal officer
of the CDA each month following a physical inventory.
14.
155
6,
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18.
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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 here-
under shall be specified by written contract or agree-
ment and shall be subject to each provision of this
contract. .
Micaet Hawssiting of Funds.
The agency shall designate a commercial bank as the
depository for the receipt of funds. The CDA shall,
after assuring itself ofthe propriety and accuracy
of the account, deposit all funds. which are made
available to the agency directly into the designated
bank account. In cases where funds are made available
on an advanced basis, the agency shall require the
commercial bank to secure fully all funds on deposit
in excess of is 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 Contract
with operating 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 date first above written.
ATTEST:
(Title) City Clerk
APPROVED :
BY:
Directory
Model Neighborhood Program
APPROVED AS TO FORM:
i
Associate City Attorney
.
CITY OF ATLANTA (SEAL)
Mayor
MODEL CITIES MASS CONVENTION, INC.
BY: (SEAL)
(Title)
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