Box 8, Folder 21, Document 45

Dublin Core

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THIS AGREEMENT entered into this day of.
1969, by and between the CITY OF ATLANTA, a municipal corporation,
(Model Cities Program), hereinafter referred to as the 'CDA", and
Atlanta Parks Department of the City/County of Atlanta/Fulton,

State of Georgia, hereinafter referred to as the "Agency".

Wet TN Bos Ss. aT A
WHEREAS, The CDA on the 20th day of May, 1969, received

a Grant under Title 1 of the Demonstration Cities and Metropolitan

Development Act of 1966 from the Office of the 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


The agency shall, in a satisfactory and proper
manner as determined by the CDA, perform the

following services:



RC-O003N Purchase Vacant Land
for Block Parks and
Playlots 32,936
(a) Increase recreation space within easy access of

all Model Neighborhood Residents, as specifically

set forth in attachment marked; Exhibit A

RC-OOS5N Mobile Recr@¢ation
Centers 47,000 -0-

(b) Provide five mobile recreation centers at existing:
parks locations, as specifically set forth in
‘attachment marked; Exhibit B
2. Any release to the news media pertaining to the services
as stated herein shall be cleared through the CDA
Director prior to its release. Any publicity given to
the program's project herein must recognize the Atlanta
Model Neighborhood Program as the sponsoring agency,
funded by the ee. Department of Housing and Urban
; Development.
3. The services of the agency shall commence as soon as
practicable after the execution of this contract and
operate for that period of time specifically set forth

“"S in the respective exhibits.

A. CDA and Agency Agree:
1. 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).


ne cae eet a eR ATT



Payment under this contract is limited to the

below designated projects, together with the total
costs stated, and in accordance with the respective
project's budgets which are a part of their respective

exhibits herein.


Purchase Vacant Land

for Block Parks and

Playlots 32, 936.

Mobile Recreation

Centers 47,000

3. It is expressly understood and agreed that in no

event shall the total compensation for a project
exceed the maximum sum indicated above.

This agreement is subject to and incorporates the
provisions attached hereto as Part II Terms and
Conditions. Attached Labor Stendards are applicable
to project numbers RC-903N and RC-GC5N.

This contractual agreement may be renewed or re~
negotiated upon receipt of funds from federal or
local sources on a year-to-year basis.

Any‘ change in the scope of services of the Agency

tc be performed hereunder, including any increase

or decrease in the amount of the Agency's Penenee=
tion, 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

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
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.

If, through any cause, the Agency sm1l fail to fulfill
in timely and proper manner his guiieeaons under this
contract, or if the Agency shall violate any of the

covenants, agreements, or stipulations of this con-

tract, or if the grant from HUD under which this

contract is made is terminatéd by HUD, the CDA shall

thereupon have the right to terminate this contract

by giving written notice to the Agency of such termina-
tion and specifying the effective date thereof. [In

the event of termination, all property and finished

or unfinished documents, data, studies, and wipopes
purchased or prepared 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 excess necessarily incurred in
satisfactory performance of the contract. If the CDA

withholds payment, it shall advise the Agency and specify

the actions that must be taken, in case of suspension,

as a condition precedent to the gésumpiion 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.

Travel Expenses.

The Agency expenses for travel shall not exceed

those allowable under the customary practice in

the government of which the agency is a part.
Covenant Against Contingent Fees.

The Agency Warvants that no person or selling agency
‘or other Srcatean Gian has been employed or retained
to solicit or secure this contract upon an agreement
or understanding for a commission, percentage,
brokerage, or contingent fee. For breach or vilation
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.

Compliance with Local and Federal Rules, Regulations

and Laws.

The Agency shall comply with all applicable law,

ordinances and codes of the state and local governments.

Shift of Funds.

Funds 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
not exceed 10% of the line item total from which the
funds are being removed or towhich 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 requisition for payment shall indicate
the disposition of the amount requested by reference

to the categories of expenses as detailed in respective


'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 sdecuate to insure the establishment and
maintenance of an accounting system with adequate

internal control.

Books of Account and Records.

The agency shail maintain a general ledger in which

to record a summarization of all accounting trans-
actions peiacing ko the projects listed herein, and

to classify such transactions according to the accounts
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 paynient, and showing the approval
of the chief fiscal officer or other authorized official
of the agency.

Fidelity Bonding Requirements.

Prior to the disbursement of funds to the Agency the
CDA shall receive a statement from the Agency's chief
fies officer or insurer assuring that all persons
handling funds received or disbursed under this contract
are covered by fidelity insurance in an amount consis-
tent 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 be 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, and will be
retained for three years after the expiration of this

Non-Expendable property:
All non-expendable property acquired for the program
will revert to the CDA unless otherwise provided for,
such non-expendable property being property which
will not be consumed or lose its identity, and which
cost $100 or more sie uke and is expected to have

a useful life of one year or more. All smch property
acquired by the agency will be listed on a property

record inventory by description, model and serial

number, date of acquisition, cost of acuisition and

identified as new or used. An updated signed copy of

this inventory will be provided the Program Management



IN WITNESS WHEREOF, the CDA and Agency have executed this

agreement. as of the date first above written.


Model Neighborhood Program


Associate City Attorney





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