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STATE OF GEORGIA COUNTY OF FULTON THIS AGREEMENT entered into this ______day of_ _ __ 1969, by a.nd between t h e CITY OF ATLANTA, a municipal corporation, (Model Cities Program ), hereinafter referred to as the 'tDA", and • i .. :' , I I I I Atlanta Parks Department of the City/County of Atlanta/Fulton, State of Georg,ia, hereinafter referred to as the "Agency". W I T N E S S E T H WHEREAS, The CDA on the 20th day of May, 1969, received I a Grant under Tit le 1 of the Demonstration Cities and Metropolitan I; ' ; ' '!I Development Act of 1966 from the Office of the U.S. Department of ' ; I'

Housing and Urban De7elopment, hereinafter re ferred to as HUD, said

I I grant designated as HUD Grant No. ME-10-001; and • I WHEf~EAS, pursuant to said grant the CDA is undertaking ' !i I 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 age,ncy shall, in a satisfactory and proper manner as determined by the CDA, perform the foll owing services: ,· I ...., _! _... �I : !' I! EXHIBI T A PROJECT NO. RC-003N & TOTAL BUDGET SUPPLEMENTAl, NON- SU PPLEMENTAL DESCRIPTION Purchase Va c a n t Land for Block Parks a nd Play lots (a ) 32,936 I ncrea s e r e c rea tion spa c e within easy access of all Model Neighb orhood Re side nts, as specifically set f or t h i n attachment marked; Exhibit A EXHIBIT B PROJECT NO. & TOTAL BUDGET SUPPLEMENTAL NON- SUPPLEMENTAL DESCRIPTI ON I Mob ile Recr e at ion Centers RC- OOSN I 47,00 0 i -0- I I I (b)

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Prov ide fi v e mob ile recreation c e nters at existing .! parks loc a tions, as spe cifically set forth in I attachment marke d; Exhibit B 2. Any r elease to the news media pertaining to the services as stat ed h e rein shall be cleared through the CDA Director prior to its release. Any publicity given to ,, I the program's project herein must recognize the Atlanta I Model Neighborhood Program as the sponsoring agency, '. i! funded by the U.S. Department of Housing and Urban !: ' Development. 3. The s e r v ices of the agency shall commence as soon as practicab l ~ after the execution of this contract and i . ope r ate for that period of time specifically set forth in the re spe ct i v e exhibits . A. CDA and Ag en cy Agree: 1. j Payme nt s h a ll be on a monthly reimbursement basis upon CDA 's receipt of a report of combine d cos t contr ol a nd statement of a ccoun tability from the agency (f o rms t o be p r ovide d). -2- , I I �Payment lL~de r this contract is limited to the 2. below designated projects, together with the total c osts s tated , a nd in accordance with the respective projec·t' s bud gets which are a part of their respective exhibj_ ts herein. PROJE CT NO . RC- 003N & TOTAL BUDGET SUPPLE.MENTAL NON-SUPPLEMEN'"fAL DESCRI PTION Purchase Vacant Land for Bloc~ Park s and Playlots Mobile Recreation Cente rs RC- OOSN 3. 32 I 936. 47,000 -0- It is expressly understood and ag~eed that in no I .i event sha l l the total compensation for a project e x c e ed t h e max imum sum indicate d above. 4. This agreement is subject to and incorporates the pr e v isions ;:i tta ched hereto as Part II Terms and Con diticm s. Attached Labor St2.nda rds are applicable to project numbers R.C-003N _ and ~C-OQSN. 5. This contr actual agree ment may be renewed or ren e gotiate d upon r e c e ipt of funds f r om fe d e ral or

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'. I local sources on a year-to-year basis. 6. Cha n ge s. Any ' change in the scope of s e rvices o f the Age ncy tc be p e rformed hereunder, including any increase or d e cre ase in the amount of the Age ncy's compe n sation, must have prior approva l from the CDA and mu s t b e i ncorporate d in wr itte n amendme nts to this. contract. .: Likewise a ny cha nge in s cope o f s e rv i c e s of CDA, which is mutually agr e ed upon by and b e tween CDA and Age ncy, s h a ll b e incorpora t e d in writte n j l_ a me ndme n t s t o t h is c ontr a c t. I f t h e Agency i n c u rs Ii ,I j exp e n se s in excess o f the a mount a llowable under - 3- I �this contract, the amount of the over-expenditure must be absorbed by the Agency. ' ' However, this does

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not preclude the Agency f rom requesting a modification of this contract when it becomes evident that the I Agency's efforts must be expanded t o adequately serve 7. I program participants. .I Termination of Contract. .. II If, through any cause, the Agency srall fail t o fulfill .i I !! in timely a nd proper ma nner his obliations under this I: I;: contract., or if the Agency shall violate· any o f the . covenants, agreements, or stipulations of this

.! con- tr act , or if the grant fr om HUD unde r which this contract is ma de is terminated by HUD, the CDA shall !; . thereupon have the right to terminate this contract by giving written notice to the Agency o f such termination and specifying the effective date thereof. In the event of termination, all property and finished or unfinished documents, da ta, studies, and reports purchased or prepared by the Agency unde r this contract shall, at the option of the CDA, become its property and the Agency shall be entitle d to compe nsation for any reimbursable expen ses n e c essari ly incurred in satisfa ctory performance of the contract. If the CDA withholds payment, it shall advis e the .Agency and specify the a c tions that must be taken, in case of s u spension, as a condition precedent to the resumption of payme nts ·. The Agency will remit a ny unexpended bala nce of p ayments on account of grant as well as such other portions of such payments previously r e c e ived as determined by the CDA to be due the CDA. The action of the CDA in -4- /

·· . . .,. ~, . .._, ... \ I �accepting any s u ch a mount shal l not constitute~ waiver o f a ny claim which the CDA may otherwi se have I arising out of thi s agreement. 8. I I i I Travel Expen ses. I I I The Age ncy expens es for travel shall not exceed those allowable under the customary practice in the government of which the agency is a part. 9. Covenant Against Contingent Fees. The Agency warrants that no person or selling agency or other organizati on has been employed or retained to solicit or secur e this contract upon an agreement or understanding for a commission, percentage, broke r age, or conting ent fee .. ' i For breacl-1 or vila tion of this war ranty, the CDA shali. have the right to annul this contract without liability or, at its discretion, to deduct from t h e compensation, or otherwise recover, the full amoun t of such commission, ' . I percentage , brokerage or contingent fee. 10. Comp liance ~ith Local and Federal Rules, Regulations and Laws . The Agency shall comply with all applicable law, j ·IJ l' ordinances and codes of the state and local governmentso 11. Shift of Funds. l Funds may be shifted between line items of a single ~l project without prior approval only _to the extent i that such action is not t change in an approved program and so long as it does I l l ! l a result of significant not e x ceed 10¾ of the line item total from which the · funds are being removed or to vhich added. _A report of fund shifts will be made to the CDA fiscal officer within three work days after its effective date. l shifts of funds between projects or other changes · must II be approved in advance of obligations. i i i li j Any 12 . i Fina nci a l S tateme nt. I I Subject to receipt of funds from HUD, the CDA shall I -5- I ' . , . .. . . _ _ . . . ._ .. . . . ... . _ I I ..... _ p O �make payme nt under this contract in accordance with the f ollowing me thod, such p a yment to be made upon presentation of a requisition for payment by the agen cy. The r equi s ition for payment s hall indicate the disposition of the amount requested by reference .. I to the ~ategories of expenses as detailed in respective budgets. The agency will furnish the CDA a financial statement each month indicating for that month. the expenditure of CDA's funds 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 fu r nish the CDA a statement submitted by the appropriate financial officer stating that he acce pts the res ponsibility for providing financia l services a d e quate to insure the establishment and maintenance of an accounting system with adequate internal control. Books o f Account a nd Re cords. The agency shall maintain a general ledger in which to record a summarization of all accounting transactions r e l a ting to the proj e cts liste d h e r e in, and to classify such transactions according to the accounts

_)r e scribe d in the project budget categ ories.

In a ddition, the agency s hall ma intain a cas h r e c e ipt and disbursement register in which receipt of funds " and disbursement of funds will be documented. Funds di s bursed b y the agency s hall b e made by pre -numbe r ed che cks u sed in num e rica l seque nc e a nd mus t b e s u pported by appropr ia te documentation, such a s p a yroll, invoices, contrac t s , trav e l p a yme nt, e tc., e vide ncing the n a ture -6- l~~-::r,~~.:!!11'1~---.,.-------·---------··------ '

' ' �and propriety o f each payme nt, a nd showing the approval o f the chie f fi sca l of f icer or other authori z ed . official of the agency. F ideli ty Bon ding Requ ir e me n ts . Prior to the d~sbursement of funds to the Agency the CDA sha ll receive a statement from the Agency's chief fiscal office r or insurer as~uring that all persons handling funds received or disbursed under this contract are cove red by fidelity insurance in an amount consistent with sound fiscal practice and wit? the coverage deemed necessary by the CDA for its mvn employees. (Additional information, if needed, will be supplied by CDA) . 13. i Mainte na nce of Records. The agency shall maintain such records and accounts, i n~ luding property, personnel, and financial records, as are deemed necessary by the CDA or HUD to assure a prope r accounting for all project funds. These records will be made available for audit purposes to the CDA. rWD 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. 14. Non- Ex pendable Property. All non-expendable property acquired for the program will revert to the CDA unless otherwise provided for, I such non-expendable property being property which t I 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 ruch property acquired by the agency will be listed on a property record inventory by description, model and serial numbe r, date of acquisition, cost of acuisition and identified as new or used. An updated signed copy of this i nventory will be provided the Program Management -7• / I

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�I IN WITNESS Wl-IBREOF, the CDA and Agency have e x ecuted thi s I , ' ' agreemen t as of the date .first above written .. ATTEST: CITY OF ATLANTA BY: BY: City Clerk (SEAL) Mayor APPROVED: ATLANTA PARKS DEPARTMENT BY: BY: (SEAL) (Title ) Direc tor Model Neighborhood Program APPROVED AS TO FORM: As sociate City Attorney I . 'I ' ' ' I; Ii I . i -9/ I �