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- - - - -· ~-- -- - - ~ = ~- --=---=-===-=- THIS AGREEMENT e ntered into t h is _ _ _ __ d ay of 1 96 9 , by and b e tween the CITY OF ATLANTA , a mnnicipa l corporation, (Mod e l Ci tie s Prog ram ), here · n after refe r r e d t o a s the 0 11 CDA 11 , a nd Mode l Citie s Ma ss Conven ti on , In cor porated , a non-pr o f it corpor ation, of the City /County o f Atlant a / Fulton St ate of Ge o r gia, hereina fter r e ferr ed to as the "Agency " . W I T N E S S E T H T H A ~ , WHEREAS, the CDA on the 2 0 t h day of May 196 9 rece i v e d a Gr ant unde r Title 1 o f the Demonstration Citi es and Metrop o litan Develop~ent Ac t of 1966 fr om t h e Off ice of u. S. Depa r tme nt of Hous ing and Ur b a n Deve l <?pment, hereina f ter refer r e d t o as HUD , s aid grant d e signa t e d a s HUD Grant No . ME - 1 0- 001: a n d WHEREAS, pursu a n t to sai d gr ant the CDA i s undertaking c e rtain activitie s , and WHEREAS , the CDA de sires to e ngage the Ag en c y to re n der c e rta in a ssistan c e in such undert a kin gs , NOW, THEREFORE , for v a lua ble cons ide ration a nd mutua l p romise s e x changed between t he p ar ties h e r e-i:o it is agreed as follows : 1. The Agen cy s h a ll, in a s a t isfac t ory and p rope r manne r as d e termi n e d b y t h e CDA , p erfo r m t h e followin ~ se r v ice s ; EXHI BIT A PROJECT NO. & DESCRIPTION RE-001C Mode l Ci t i e s Mass Conve ntion, Inc. TOTAL BUDGET NON- SUPPLEI'-IBl\1TAL SU PPLEMENTAL 87,380 72 , 0 0 0 To prov ide a v e hicle th r ough wh ich Mode l Ne ighbor hood Res ide nt s wil l h a v e a v oic e i n d e t e r mi n i n g t h e f u t u re o f t h e Mode l Ne ighborhood. �• I A. CDA and Agency Agre e: 1. Payme nt shall be on a monthly reimburse me nt basis u p on CDA ' s r e ce ipt of a r e p or t of combined cos t control nnd statement of accounta bility from the agen cy (forms to be provided). 2o Pa yme nt unde r this contract is limited to the below designated project, tog-ether with the total costs stated, and in accordance with the respective proj e ct's bud g e t which are a part of the ir respective e xhib it herein. PROJECT NO. & DESCRI ?'I:r oN RE - OOlC Mode l Cities Mass Convention , Inc. 3. TOTAL BUDGET SUPPLEMENTAL NON- SUPPLEMENTAL 87,380 72,000 It is e x pre s sly unde rs t ood a nd a gree d tha t in no event s h a ll the tota l compens a tion f or a project e x c eed the max imum sum indicated above. 4. Th i s contra c t u a l agreeme nt may be renewed or ren e gotiated upon r e c e ipt o f fund s f r om f e d e r a l or local sburces on a year-to-year basis. 5. Cha nges . Any cha nge in the scope of service s of the Age ncy to b e performe d h e reunder, including any increase o r d e cr eas e in the a mount of the Agency' s compe nsation, must have prior a pproval f rom the CDA and mu s t be incorpor a ted in writte n ame ndme nts to thi s contrac t. Likewi se a ny cha nge in s cope o f services o f CDA, which is mutua lly agr ee d upon by and betwee n I • �'I I ,I I ' ' CDA and Age ncy, shall be incor porated in writt en amendments to this contract. If the Agency incurs e xpenses in exce ss of the amount allowable unde r· this contract, the amount of the over-ex penditure must be absorbed by the Agency. However, this does II i II , I
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not preclude the Age ncy from requesting a modification
of this contract when it hecomes evident that the
Agency's efforts must be expanded to adequately serve
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program p a rticipants.
6.
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~ ermination of Contr act.
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If, through any cause, the Agency shall fail to ful f ill in time ly and proper manne r his obligat ions u:n der
this contr a ct, or if the Agency shall violate any
o f the cove nants, a greements, or stipula tions o f this
con tract, or if the grant from HUD under wh i ch t his
contract is made is termin2.ted by HUD~ - the' CDA . sha ll
there upon h a ve the right to terminate this contra ct
by giving wr itte n no t ice to the Age ncy o f s uch
termination and specifying the effective date the reof.
In the event of termin a tion, a ll prope rty a nd fini sh e d
or un f ini s h e d docume nt s , data , studies , a nd r epor ts
purchased or prepared by the Agency under this contract
sha ll, at the option of t he CDA, b e come its pr operty
a nd the age ncy s h a l l b e e nt itled to comp e n s a tion f or
any reimbursable expenses necessarily incurred in
sati sfactory · p e r f o r ma nce of t h e contr a ct.
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�If the CDA wi thho lds p ayment, it shall advise the
agency and specify the actionsth-at .must be taken,
in case of suspe ns ion, as a condition precedent
to the resumption of payments, The a gency will
remit any unexpend ed bal ance of payments on account
o f g rant as well as such other portions of s uch
paymen ts previous ly rece ived as determined by the
CDJl.. to be due the CDA.
The a ction of the CDA in
accepting any such amount sha ll not cons titute a
waiv er of any c la im wh ich t he CDI\ may otherwise have
arising out o f this agreement.
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7.
Tra v e l Expe n s es.
The Agency's e x p e nses charged for travel shall not
exceed those which would be allowed under the rule s
of the Unite d Sta tes Gove r nme nt governing o fficial
trave l by its employees.
8.
Cove n a n t Aga i nst Continge nt Fe es.
The Age n c y warr a n ts that no per s on or se ll ing agenc~{
or o ther organiza tion has been employed or retained
to solic it or _s e cure this contract upon a n a greement
or unde rstanding f or a commission , percenta ge ,
brokerage, or contingent fee .
For breach or violation
of this warranty, the CDA shall h ave the right to
annu l ' this con ~ract without liability or, a t its
discretion, to d e duct from the compensa tion, or otherwise r e cove r, the f ull amount of such commi s sion,
perce ntage , brokerage or contingent fee .
�9.
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Comp l ian cP. wi th Loc a l a nd Fe d era l Rules, Regul a tions
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and Laws .
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The Ag·en cy s hall comply with a ll app licable laws,
ordinances a nd codes of the state and local governme nts.
10.
Shift of Funds.
Funds may be shifted betwe8n 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
no~ e x c eed 10"/4
of th e
line item total from which the
funds are being removed or to wh ich added.
A report
o f fund shifts will be made to the CDA fiscal officer
within three work day s after its effective date .
Any
sh ifts o f funds b e t ween projects or other changes must
b e appr ove d in advance of obligations.
11.
Fin a nci a l Statement.
Subj ect to receipt of fun ds from HUD, the CDA shall
mak e payment under this contr a ct in accordance with
the following method, such payme nt 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 cate gories of expenses as detailed in
respective budget • .
The Agency will furnish the. CDA a fin an cial stateme nt
each month indicat ing the expenditure of CDA 1 s funds
for that month.
This stateme nt is to reach: the CDA
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�not l ater tha n the 5th o f the month following the
month the expenditure was made.
(Forms and instru ctions
will be provided ).
The agency will furnish the CDA a statement submitted
by the appropriate financial officer stating that he
accepts the responsibility £or providing f i nan c ial
s ervices adequate t o insure the establishment and
maintenance o f an accounting syst~m with ade quate
internal control.
Books o f Account and Record s.
The agen cy shall maintain a general ledger in which
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to record a summarization of all a ccounting transactions relating t o the proj e c ts l isted her e in, and
to class ify such transaction s according to the acccunts
Frescribed in the project budget c ateg·ories.
In
addi t ion, the agency shall maintain a c a sh receipt
and disbur sement register in which re c e ipt of funds
and disbursement o f funds will b e documented.
Funds
dis bursed by the agency shall be made by pre-numbered
che cks u sed in numeric al sequence and must b e supported
by appropr i ate docume ntation, s u ch as payroll, inv oices
contra cts, tr a v e l p ayment , etc ., evidencing the nature
and propriety of each payme nt, a nd showing the approval
o f the chief fis c a l o ff i cer or 0 th.ell" aint.hor-ized
officia l of the agency.
Fide li ty Bonding Re quirements.
Prior t o the disburseme nt o f f un ds to the Agency
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�the CDA sha ll receive a statement from the Agency 's
ch ief fisca l o i f icer or insurer assuring that a ll
persons h a ndling funds rece ive d or disbursed under
this contract are covered by fidelity insurance
in an amount consistent with sound fiscal practice
and with the coverage d eemed'.n e c es sary by the CDA
for its own employees.
(Additional i nformati o n,
if needed, wil l be supplied by CDA).
12.
Ma inten nn ce of Records.
The agency sha ll main tain such records and accoun ts,
including property, personne l, and finan cial record s,
as are id e emed necessary by
the CDA or HUD to as sure
a proper a ccounting for all project f unds.
record s will be made availc1.ble f or audit
'l'hese
purposes to
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t he ClJA, HlJLJ or
United States or any authorized representative, anC:.
will be retained f or three years a fter the expiration
o f this contract.
13.
Non -expendable property.
All non-expnedable property acquired for the program
will revert t o the CDA unless otherwise provided for,
such non- expe ndab le property being property which
will not be consum2d o r lose its identity , a nd wh ich
cost $1 00 or more per unit and is expected to have
a useful life of one year or more.
Al l such proper ty
acquire d by the age ncy will be li ste d on a property
' d escription, mode l and se rial
record inve nto ry by
number, date of acquisition, cost of a cquisi t i on a nd
ide ntified as n e w or u s e d.
An update d si gnc d copy of
this inve ntory will b e p r ovide d the fi s c a l o ffice r
of the CDA e a ch month followi ng a physica l i nve ntory.
�14. Eva l uat. ion. The agency a g r ees that the CDA may carry out monitoring a n d eva lu a tion a ctivities a s d e te r mine d nec e ssary by the CDA or HUD • 150 Suhcontra cts . None of the work or services covered by this contr2.ct shal l be subcontracted without ths prior written approval of the CDA.
I I Any work or s8rvice s subcontracted here- I under sh a ll be s p ecifie d by written contract or agre e ment and shall b e subject to each provision of this contra ct. J6. Di r ect Dep o s i t i ng of Funds . The a g e ncy shall de s ign a te a commercial b a nk as the depositor y for the rec e ipt of funds. The CDA shall, after assuring it s elf of the propriety and accuracy of the account, deposit all funds ., which are made available to t he 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 e x cess of the amount insured by Federal or State agency. 1~ This agreement is subject to and incorporates the attached Part II, Model Cities Administration Supplementary General Conditions Governing Contract with operating age ncies and contractors. 18. The agency agrees to assist the CDA in complying with I lI all of the Conditions Governing Grants under Title I, I I Sections 105 a nd 107 of the Demonstration Cities I I I a nd Metropoli t an Deve lopme nt Act of 1966." I II ' ' �IN WITNESS WHERE OF, the CDA an d Age ncy h a v e e xe cute d this agreemen t as of t he d ate f i rs t ab ove wr itte n. ATTEST: CITY OF ATLANTA (SEAL ) B"r : (Tit l e) City Clerk Ma yor I II I APPROVED: MODE L CITIES MASS. CONVENTION, I NC. BY:_ _ _ __ _ _ _ _ _ _ __ _ _ _ BY: Dire ctory Mode l Ne i ghb o r hood Progr am (SEAL ) (Title ) APPROVED AS TO FORM: Assoc i ate Ci ty Att or n ey 'I ' I I I I I I I I
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