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I: 1. STATE OF GEORGIA COUNTY OF FULTON THIS AGREEMENT entered into this _____day of_ _ __ I I Il I 196 9, by and between the CITY OF ATLANTA, a municipal corporation, (Model Cities Program), hereinafter refer:ced to as the "CDA", and Emory Community Legal S e r 6 / 4 non-ecorporauon of the City/County of Atlanta/Fulton, State of Georgia, hereinafter r f erred to as the "Agency". ·) '\ \ .~l1 L w _ _ _ _...,,,.__ _ __ ,./ CDA on the 20th day of May, 1969, received l a Grant under Title I ·of the Demonstration Cities and Metropolitan Development Act of 1966 from the Off ice o f the u. S . Department of Housing and Urban Development, hereina-f__ter referred to as HUD, said Grant designa ted as HUD Gr ant( ~ ~10~--a:;:,d ~ WHEREAS , pursuant to said grant the CDA is undertaking c ertain activities; and WHEREAS, the CDA desires to engage the Agency to render certain assistance in such undertakings, ---~ NOW, THEREFORE, f or valu able consideration and mutual promises exchanged between the p a 1. The agency /~ e.to . it is agreed as follows: a satisfactory and prope r manner a s determined by the CDA, perform the following s ervices: _______ ._.....,... �'I Legal Ed ucat ion to Sub-Profe ssionals 3,000 I / ,__)Q. __b_,oq~- L/ '<::J'() ~ Increase legal sophistica ti01i --; ·f two groups (a) I I TOTAL BUDGET SUPPLE.MENTAL NON-SUPPLE.MENTAL PROJECT NO. & DESCRI?TION SS- 02 6 N ~ i EXHIBIT A .. · · ·. ~\ ~~ < ,, / I working in t & s t group, professionals serving the poor; 2nd group , neighborhood aids with limited -formal education, as specifically s e t forth in attachment marked; Exhibit A 2. Any ~elease to the n ews media pertaining to the services as sta t ed herein shall be cle are d through the CDA Director prior t o it s r elease. c 9 u b l i d t y given t o the pr o gram 's proj ect herein must recognize the .Atlanta Model Neighborhood Program a s the sponsorlng agency, funded by the U.S. Depar tment of Housing and
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Urban Development.
3.
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The services of the agency shall commence as soon as
practicable a f ter the execution of tQcontract and
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operate for th at period of time specifically set forth
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in the respectiv~ exhibits.
A.
CDA and Ag e ncy Agree:
1.
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P ayme nt sha ll be on a monthly reimbursement basis
upon CDA's rece ipt of a report o f combined cost control
a nd s t a t emen t o f a ccountability f rom the Age ncy (f o r ms
to b e prov ided ) .
2.
Pa yme nt unde r this contr a ct is limite d t o the b e low
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d e signa t e d project s , toge the r with the t ota l cos t s
sta t e d, and in accorda n c e with the r e spe ctive proj ec t ' s
budg e ts wh i ch are a p a r t o f the ir r espe ct i v e exhibi t s
h e r e in.
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�PROJECT NO
SS- 026N
&
TOTAL BUDGET
SUPPLEMENTAL
NON-SUPPLE.MENTAL
DESCRIPTI ·JN'
Le g a l Educ a tion to
Sub-P ro fes s i on als
3.
2,000
3,000
It i s e x pre s s ly unde rstood and agreed that in no
event sha ll the total compe ns a tion for a project
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e x ceed the maximum sum indicated above.
4.
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This agreement is subject to ~nd incorporates the
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provisions attached hereto as Part II Terms and
Conditions .
5.
This contra ctual agreement may be renewed or renegoti at e d upon receipt of funds from federal or
local sources on a year-to-year basis.
6.
Chang es.
Any change in the scope of services of the Agency
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to be performed he re under, including any increase
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or decr ea se 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 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
expe ns e s in excess of the amount allowable under
this contr~ct, the amount of the over-expenditure
must be absorbed by the Agency.
However, this does
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
progr am participants.
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7.
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Termin a tion o f Contr a ct.
If, through any cause, the Agency shall fail to fulfill
in time ly and pr op e r ma nne r his obligations under this
contr act, or if the Agency shall violate any of the
convenants, 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 givin~ wr itte n notice to the Agency of such terminatio:i:1 and specifying the effective· date thereof.
In
the event of termination, all property and finished
or unfini sh e d docume nts, data, studies, and repor ts
purchased or prepared by the Agency under this contract
shall, at the option of the C~A, become its property
and the Agency shall b e e ntitle d to comp e n s ation for
any reimbursable expenses necessarily incurred in
satisfactory per£orma nce of the contract.
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If the CDA
withholds p a yme nt, it sh a ll advi se the Ag e ncy a nd spe ci f y
the actions that must be
taken, in case
of suspe nsion,
as a condition precedent to the resumpt ion of p ay me nts.
'I'he Age ncy will r e mit a ny unexpende d b a l a nce o f p a yme nts
on account of grant as well as such other portions of
such payme nts previous ly received as d e t e rmined b y the
CDA to be' due th e CDA.
The action o f the CDA in
accepting a ny such amount shall not constitute a
wa ive r of a ny claim which the CDA ma y othe rwis e h a v e
arising out of thi s agreement.
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�8.
Trav e l E192e n se s.
The Ag8ncy 's expenses charged for travel shall not
exceed those which would be all owed under the rules
of t he United States Government governing official
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travel by its employees.
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Coven ant Aga inst Contingent Fees.
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The Agen c y warrants that not pe rson or selling agency
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or other organization has been employed or retained
to sol i cit or secure this cont ract upon an agreement
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or understanding for a commission; percentage,
broke~age, or contingent fe e.
For breach or violation
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of this warranty, the CDA sha ll have the right to
annul this contr a ct without liability or, at its
discretion, to deduct from the compe nsation, or otherwise recover, the full amount of such commission,
percentage, brokerage or contingent fee.
10.
Compli a nce with Loc a l a nd Fede ral Rules, Regu l ati ons
and Laws.
' The Agen cy shall comply with all applicable law, . !' ordinances and codes of the state and local governments. 11. Shift of Funds. Funds may be shifted between line items of a single I . I I
I p r oject without prior approval only to the extent I I • \ I ' that such action is not a result of signific a nt
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change in an approved program and so long as it doe s
not exceed 10"/4 of ' the line item total from which the
funds are being removed or to which adde d.
A repor t
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of fund s hifts will be ma de to the CDA fiscal officer
within three work days
after its effective date.
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Any
shifts of funds between projects or other ch a nges must
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b e app roved in adv a nce of obl igati on s .
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12 .
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Fjn a ncia l Statemen t .
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Sub j e c t t o r e c e ipt of fund from HUD, the CDA shall
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ma k e pay me nt unde r thi s contra ct i n accord a nc e with
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the f ollowing method, such payment to be made upon
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pre s e n tation o f a r e qui s ition for payment b y the
age n c y .
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The r e quisition for pay me nt shall indicate
the d isposition of the amount re q ue sted by reference
to t he c a tegories of e x penses as detailed in respective
budge ts .
The Agency will furnish the CDA a financial statement
each morith indic a ting t he exp end iture
for th a t month .
of CDA ' s funds
This s tate ment is to re a ch thG CDA
not l a t e r th a n th e 5th of the month following the
mon t.1.1 t he e x J:Jendi turG was
and
Tn c:t-r11r -
tions wi l l be provided).
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The ag·e ncy will furni s h the CDA
a stateme nt submitte d
b y t h e appr opr i a te fi nancial o ff icer stating that he
accepts the responsibility for providing financial
se r vices adequa te to insure the establishment and
mainten a nce of an accoun tin g system with a dequate
inte rnal control.
Books o f Accoun t
a nd Re cord s .
The agency shall maintain a general ledger in which
to re cord a summar iz a tion o f all accounting tr a nsac ti ons rel a ting to the projects listed herein, and
to cl a ssify such tran sactions a ccording to the accounts
p r e s cr ibe d in the proj e ct budget cate gori e s.
In
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�additi on, tl1e agency sha ll maintain a c ash receipt
and disbursement register in w·: iich receipt of funds
and disb ur seme nt of fu n ds wi l l be documented.
Funds
disbursed by the agen cy shall be made by pre-numbered
checks used in nurrLl2rical . s equ en ce and must be suppor-ced
by appropriate documentation, such as payroll, invoices,
contra cts, travel payme nt, etc., evidencing the nature
and propriety of each payment, and showing the approval
of the chief fiscal officer or other authorized official
of t he agency .
Fidelity Bondinq Requirements.
Prior to the disburseme nt of funds to the Agency the
CDA shall receive a statement from the Agency's chief
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fisc a l officer or insurer assuring that all persons
handl ing fun d s received or di.sbursed under this contract
are cove~ed by fidelit y insurance in an amount
consistent with sound fiscal practice and with the coverage
deeme d neces sary
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the CDA for its own employees.
(Additional information, if needed, will be supplied
by CDA).
13.
Maintenance o f Records.
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The agency, shall maintain such --records and accounts,
includi11g property, personnel, and financial records,
as are deemed necessary by the CDA or HUD to assure
a proper accounting for all projects 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 b e
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�retained for three y ear s af t e r th e expiration o f this
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for the pr o gram
will revert to the CDA unless ot11e r wi3e provided for,
such non-ex pendab l e property being property which
wil l n ot be consumed or lose its identity, and which
co st $100 or more per unit and is expe cted to have
a useful l~fe of one year or more.
All such property
acquir ed by the agency .Jill be listed on a property
record i nventory by description, model and serial
number, date of acquisition, cost of acquisition and
identi fied as new or us ed.
An updated signed copy of
this inventory will. be provided the Program Management
Depar t m.e n t o f the CDA each month following a physical
inven tory.
15.
Evaluati on .
The a gency agrees that the CDA may carry out monitoring
and eva lua tion activities as determined necessary by
the CDA or HUD •
16.
Subcontra cts .
None of the work or services covered by _this contract
shall be subcontracted without the prior written approval
o f the CDA any work or servi ces subcontracted hereunder sha~l be - specified by written contr a ct or agreement and shall be subj ect to each provision -of this
contr a ct.
17.
Di rect Depositing of Funds.
The a gency shall designate a commercia l bank as the
depository f or the rece ipt o f funds.
The CDA sha l l ,
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�a f t e r assuring itself of the propriety and accuracy
o f the account, deposit all funds which are made
avai l able to the a g e ncy dir e ctly into th e design a ted
bank account.
In cases where funds are made available
on an advanc e d basis
the agency shall r e quire the
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commercial bank to secure fully all funds on deposit
in e x cess of the amount insured by teder a l or State
Agency.
18.
This agreement is subject to and i~corporates the
attached Part II, Model Cities Administration
Supplement ary General Conditions Governing Contract
with operating agencies and contractors.
19.
The agency agr ees to assist the CDA in complying with
a:11 of the "Conditions Governing Grants under Title I,
Sections 105 and 107 of the Demonstration Cities and
Metropolitan Development Act of 1966."
IN WITNE SS WHEREOF, the CDA and Agency have executed this
agreement as of the date first above written.
ATTEST:
CITY OF ATLANTA
BY:
BY:
City Cle rk
(SEAL)
Mayor
~MORY COMMUNITY LEGAL SERVICE
APPROVED:
BY:
BY:
Director
Mode l Ne ighborhood Progr a m
(SEAil
(Title)
APPROVED AS TO FORM:
Ass o c i ate City Att or ney
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