.MzUzMQ.MzUzMQ

From Scripto
Jump to: navigation, search

,· I I THIS AGREEMENT entered into this _ _ _ _ _day of _ _ _ __ , 1969, by and between the City of Atlanta, a municipal corporation (Model Cities Program ), h ere inaf ter r eferre d to as the "CDA", and Division o f Vocation a l · Rehabilitation, State Department of Education, of the City/County of Atlanta/Fulton, State of Georgia hereinafter referred to as the "Agency". W I T N E S S E T H T H A T -~vHEREAS, 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 U.S. Departme nt of Housing and Urban Dev~ lopme nt, hereinafter referred to as HUD, said gr ant designated as HUD Grant No. ME-10 - 001; and WHEREAS, pursuant to said grant the CDA is undertaking certain activities; and WHEREAS, pursuant to said grant the CDA desire to engage the Agency to render certain assistance in such undertakings, NOW, THEREFORE, for valuable consideration and mutual promises e x changed between the parties hereto it is agreed as follows: I A. i AGENCY AGREES: 1. ' The Agency shall in a satisfactory and proper manner as determined by the CDA, perform the following services: EXHIBIT A PROJECT NO . EM-019N DESCRIPTION Staffing Ce ntral Facility Mechani s m of Service Direct Medica l Maintenance ·& EM- 023N & TOTAL BUDGET NON-SUPPLEMENTAL SUPPLE ME NTAL 147,000 40,000 -o-0- I I: . I I I �- 2- a. The Agency's respon s i biliti es f o r proj e ct numbe r EM- 019N i s limited to a n allocation of 79,000 of the 147,000 t o staf f a c e n tral, compr e hens ive , ind ividual ized , and personal i zed emp loyme nt service to the hard-to-p l ace are a r esidents and to provide a rnech;;i.nism f or the tran s mi ss ion of job ava ilability information to tho se re siden ts as spe c i fic a l ly set f o rth i n EXHIBIT A which i s attache d hereto arrl mad e a part hereof. The ba l a n ce o f fun d s , 68, 000, is d e sig nated f or allo cation t o the Ge orgi a State Employ ment Service to p rovid e c er t a i n serv ices within the project. The Agen cy's res p o n sib il it i es for project number EM-02 3N is to prov ide a n y resident who is s eeking e mp loyment and who is l.-8 f el.:'L' ecl for a job in terv iew o r wh o ha s bee n ac c e pted for e mp loy ment will be eligible f or these funds. Also a n y r e side n t a ccept i ng training under an a p pr ov e d t r aining p r ogram wi ll qua lify. GSES will_ p rov i d e av ai l able suppor t t o the Age ncy for the implementation of this proj e c t . All e xist ing MDTA appl icants wi ll b e r eferred thro ugh t h e r e g u lar ch a nn e l s a n d t h e Age n cy wi ll t a ke al l c as e s suitab le to the ir e x isting regulations. When the r e side nt applie s f or servi c e s fr om t h is fund, t he Agency 's Coun se lor , t h e Employ me n t. Ser.vice r e presen tativ e and I the s o c i a l wor k e r will joint ly ___d etermi n e the n eed for II mino r me dic a l s e rvice s a nd addition a l d i a gno s is t o !1 11 I d etermin e work poten t i a l. i\ 11 Assista nce f r om this pro gram ma y inc lude such i t e ms !I .I I I I ! I ' •'


I 1


~ II ! I !' I l �as care for a cute condi tions, eye glasses, dental care, and pre-employment medical examinations, ino c ulations, and etc. required by the employer or trainer. The custodian of this fund will keep a file of all accepted cases and these will be identified to allow future retrieval of all data on cl ients serviced in this program. All services provided by this fund will be made available according to t11e standards in affect for the local Agency's program. The main focus of the services ! to be provided will be appropriate examinations and medical treatment for persons selected or otherwise determine eligibility for job training or job placement. When these medical sP.rvices a:r:-e r.ot avail able elsewhere on a timely and adequate basis, the Agency will authorize the service on its regular forms for -this purpose. Financial eligibility for this p:r:-ogram will be determined by the in~ividual signing a declaration of inability to pay but he will be asked to indicate how much he can contribute towards the cost of the service. Clients will be provided service on first come first serve application to those where minor medical services are not available from any other program. T}}e possibility of a job or a training situation being available will be paramount requirement for service and must be attested to b y the Employment Service representative as furt~er set forth in EXHIBIT A which is atte1ched h ere to and made a part hereof. �-4- 2. Any re l ease to t h e news media pertain i ng to the service s as s t a t e d he re in s hall be cleared through the Director of the At l a nta Mode l Ne ighb o r hood Pr ogram prior to its release. Any publicity given to the progr a m's projects herein must recogni ze the Atlant Model Neighborhood Program as the sponsoring agency funded by the U.S. Department of Housing and Urban De velopment. 3. The Age ncy warrants that no person or selling agency or other org a ni zat ion has been employed or retained to solciit or secure this con t ra ct upon an agreeme nt or un derstanding for a commission , p er cen tages, brokerage, or 6ontingent fee. breach or violation of this warranty, For the CDA. shall have the right to ann ul this contract withcut liability or, at its disc r e t ion , to deduct f rom the compensat i on, or. otherwise recover, the full amount of such commission, percentage, brokerage or contingen t fee . 4. The Agency sha ll de~ignate a commercial bank as the depositor for the receipt of funds. The CDA shall, after assuring itself of the propr iety and accuracy of the account, deposit all funds which are ma d e avail able to the Agency directly into the deisgnated bank account. In cases where funds are made available on an advanced basis, the Agency shall require the comme rcial bank to secure fully all funds on deposit in excess of the amount insured by Federal or State Agency. 5. Subj e ct to receipt of funds from HUD, the CDA shall make · payme nt unde r this contract in accord a nce with the following method, s uch p a yme nt to be made upon presentation of a requi s i ti on f or p ayme nt by the Age ncy . The r equisition for p a yme nt sh a ll i ndic a t e the d i sposition of th e amount r e que sted I ,. �--- - - ------------,-------------~ -5- ! I I I by r efere:.1ce t o the c a t e gorie s of e x pen s es as d e tailed in r e s pe ctive budgets . l . I I: I , The Age ncy will furni sh the CDA a financia l state me nt each mon t h indi c a t i ng t he e x penditure of CDA 's f unds fo r that month. Thi s s t ateme nt is to reach the CDA not l a t e r than the 5th of the month following the month th at t h e e x p e nditure was made, will be p r ovided ). (forms and instructions The Agen c y will furnish the CDA a stateme nt submi t t ed by the appropr ia te f inancial officer sta tin g that he accep ts the r e sponsib i lity for providing fina n ci a l se rvices adequ ate to insure the establishment and ma in tenan ce o f ~n account s y stem with a d e quate internal j control. I f the CDA withholds p ayme nt, it shall advise the Agency an d spe cify the actions that mu s t be taken, in case of suspen s ion, as a condition precsde nt to the resumption of paymen t s. The Age n cy will remit any unexpende d balance of payment s on account of the grant as well ' as such other portions of such payme nts 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· agre ement. 6. The Agency's expenses charged f or travel shall not exceed those allowable under the customary practice in the government of which the Agency is a part. 7. Th e Age ncy shall maintain such records a nd accounts, including property, persqnnel, and financial records, as are deeme d necessary by the CDA and HUD to assure a prope r a c coun t ing f or a ll project funds. The s e records will be ma d e ava il able for audit purposes to the CD~ , HUD, or the ' II �- 6,' 'I I ' ' Comp tr olle r Ge n e r a l of the United ~t ates or any authori z ed repre senta t~va, and will be retained for three years after t h e expir~tio n o f this con tr a ct. 8. All non-ex pendable property acquired for the program will revert to the CDA unless otherwise provided for, such nonexpendable property beingproperty which will ·not be consumed or lose ~L ts 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 will be listed on a property record inventory by description, model and serial number, date of acquisiti o n, cost of acuisition and identified as new or used. An updated signed copy of this inventory will be provided the fiscal office of the CDA each month following a ph~/si.ca l 9. .; .,,...,,-T _ _ ..... _ _ .,. ,.. ..i....t. J. ',/ "-.t. A. _...,J..._:t. The Agency agrees that the CDA may carry out monitoring and evaluation activities as determined necessary by the CDA or HUD. ' I: 10. None of the work or services concerned by this contract ' shall be subcontracted without the prior written approval of the CDA . I. Any work or services subcontracted hereunder shall b~ specified by written contract or agreement and a.h all be subject to each provision of this contract. I 11. The services of the Agency shall commence as soon as possible after the execution of this contract and operate for a period of ten months thereafter or less time if · funds for this agre e me nt are exhausted. , I �- 7- Bo CDA and AGENCY AGREE : 1. Payment s h a ll b e on a monthly r e imbursable basi s upon CDA ' s r eceipt o f a r eport o f combine d co s t control and stateme n t of account ability from the Agency, (forms to · be provided) . 2. Payme nt under this contract is limited to the below designated projects. together with total costs stated and in accordance with the respective projects' budgets which are a part of their respective Exhibits herein. PROJECT NO. EM- 019N EM-023 N 3. & TOTAL BUDGET NON-SUP PLEMEJ\'TX SUPPLEMENTAL DES CRIPT ION Staf fing Cen t ral Facility and Mecha n ism of Serv ice Di~e ct Med ica l Mainte nance 79,000 40,000 -0-0- It is e xpressly understood and agreed that in no event shall the. total compensation for a specific project exceed the max imum sum allocated and specified in attached exhibits. 4. This agreement is subject to and incorporates the provisions attached her e to as Part II entitled "U.S. Department of Housing and Urban Development Model Cities Administration Supplementary Conditions for Contracts with Operating Agencies and Contractors." The Agency agrees to assist the CDA in complying with all of the "Conditions Governing Grants und e r Title I of the Demonstration Cities and Metropolitan I 'I Development Act of 1966." 5. This contractual agreement May . I be renewed or renegotiated upon r eceipt of funds from Federal or Local sources on a y e arto - y e ar b a sis. 6. CDA ma y, from time to time , request changes in the scope o f I: ' i t he se rvices of the Age ncy to be performe d hereunder. Such changes, inclduing any i n crease or d e cr e a se / ' �-1:5- changes, including a ny increase o f decr ease in the amount of the Agency 's compensation, wh ich are mutt1.ally agreed upon by and b etween CDA and the Agency , shall be incorporated in written amendme nts to this contract . 7. Funds may be sh ifted b e t ween line items of a single projec~ without prior appr ova l only to the e x t ent that such action · is not a resu l t o f signific~nt change in an approved progr a m a nd so long as it does not exceed 10% of the line item total from which the funds are being removed or to which ajded . A report o f f und shifts wi ll be made to the CDA fiscal o ff icer within three work days after its effective date. Any shifting of funds between projects or o ther changes must b e appr oved in advance o f obligations. 8. I f through any cause, the Agency shall fail to fulfill in timely and proper ma nne r hi s obligat ions under thi s contract, or i f the Agency shall violate any of the covenants, agreements, o r stipulations o f this contract, or if the grant from HUD under which this contract i s made is terminate d by HUD , the CDA sha ll thereupon have the right to terminate this contract by giving written notice to the Agency o f such termination and spe cifying the ef f ective date there of. In the event of termination all property and finished or unfini sh e d docume nts, data , studies, a nd reports purchased or prep a red by the Age ncy unde r this contract , s h all , at the option o f the CDA, become its property and the Agency shall b e e ntitle d to compe nsation for any reimbur s able e x pens e s n e c e ssar ily inc u rred in sati sfactory p e r f orma nce o f thi s · contract. . I ' I' ' _ __.,..ee ,:r:r -· �-9' j" I I I 9. The agency shall ma intain a g e neral l e dger 'in which to record a sunmarization of all accounting transactions


i


.I accor ding to the ac counts prescribed in the project budge t categories. In addition, the agency shall maintain a cash receipt , and disbur .::;e ment register in which receipt of funds and disbursement of funds will be documented. Funds disbursed by the agency shall be made by pre-nurr~ered checks used in numerical sequence and must be supported by appropriate I: l' documentation, such as payrc-11, invoices, contracts, travel ' ! payment, etc., evidencing the nature and propriety of each I: I: I , i payme nt, and showing the appr oval of the chief fiscal officer i or othe r au thori zed official of the agency. 10. Prior to the disbursement of funds to the Agency the CDA shall receive a statement from the Agency's chief ! ! fiscal of fi cer or insurer assuring that all persons handling funds received or disburs ed under this contract are covered by fidelity insurance in an amount consistent with sound fiscal practice and with the coverage deemed necessary with sound fiscal practice and with the coverage deemed necessary by (Additional information, the CDA for its own employees. if needed, will be supplied by CDA). 11 -~ The Agency shall comply with all applicable laws, ordinances and codes of the state and local Governments. ., I I I .I ~ '~!'!!'11.U- M !_.,__ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ·-- .. . . �- l - IN WITNESS WHERE OF, the CDA and Agency have exe cuted this agreement as of the date firs t above written. ATTEST: CITY OF' ATLANTA (SEAL) BY: _ _ _ _ _ _ __ _ _ _ _ _ __ BY: _ _ _ __ __ _ _ _ _ _ _ _ _ __ Mayor APPROVED: DIVISION 0 ~ VOCAT IONAL REHABILITAT ION STATE DEPARTMENT OF EDUCATION BY: BY:-- - - - - - - - - - - - - - ' - ' (S=E="P-.=.L) (Title)


I I APPROVED AS TO FORM: . I I i i I Associate City Attorney -·------- - I -- . ' ii �