HomeMy WebLinkAbout1987-191
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RESOLUTION NUMBER 87-~~~
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COHi'iUNITY DEVELOPr-1ENT BLOCK GRANT
FUNDING AGREEMENT BETWEeN THE CITY OF SAN BERNARDINO AND TEDDY
BEAR TYMES CHILD CARE CENTER, INC.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute, on behalf of the
City, an agreement for Community Development Block Grant funding
with Teddy Bear Tymes Child Care Center, Inc., a copy of which
agreement is annexed hereto as Exhibit "1" and is incorporated
herein by reference as though fully set forth at length. The
agreement provides for the granting of Community Development
Block Grant funds in the following amount of $17;321.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the and Common Council of the City of San Bernardino
at a
reqular
meeting thereof, held on the 15th
day of
June
, 1987, by the following vote, to wit:
AYES:
Councilpersons Reilly, Flores, Maudsley. Minor.
Miller
NAYES~
None
ll..BSENT:
None
ABSTAIN: Council Member Estrada. Pope-Ludl m
.h~~
.~ City Clerk
6/2/87
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(0301 ut ion is hereby-approved this /? t-,-L
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19 87 " ( <"'-"'i,,' -.;;.:-" /:; i
(/~/ . 1/1 / Fiil if / '
(./.;;.....(. C,,, '/-<1:,,-, v // I A~) / r: (t ~.Y
Mayor, City of San Bernafdino
The foregoing
day of June
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Approved as to legal form
ana content:
/\
/- t /"'l
\, ~~ 7. Jt?~~_.
//1 City Attorney
./ /
Ulo.b/0263
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6/2/87
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A~B~~M~H~
THIS AGREEMENT is entered into effective as of
J~yl , 1987, at San Bernardino, California,
between the CITY OF SAN BERNARDINO, a municipal corporation,
referred to as "City", and
TEDDY BEAR TYMES CHILD CARE CENTER, INC. , a
nonprofit community service organization, referred to as "Sub-
recipient".
City and Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has requested financial assistance
from City for fiscal year 1987/1988 from funds available through
a community development block grant from the united states of
America to City.
(b) Subrecipient represents that the expenditures
authorized by this agreement are for valid community development
purposes, in accordance with federal law and regulations, and
that all funds granted under this agreement will be used for no
purpose other than those purposes specifically authorized. The
specific purposes and scope of services of this particular grant
are set forth in Exhibit "A", attached hereto and incorporated
into this agreement as though fully set forth herein.
2. PaYments. city shall reimburse Subrecipient for allow-
able costs incurred under the scope of this agreement and
applicable Federal regulations, which have not been paid for or
reimbursed in any other manner by any other Agency or private
source of funding. Reimbursement will be made at least on a
monthly basis, with the total of all such reimbursements not to
exceed $ 17,321.00
1 3. Term. This agreement shall commence July 1, 1987 and
2 terminate June 30, 1988
3 4. Use of Funds: Budqet: Travel Limitation.
4 (a) The funds paid to Subrecipient shall be used by it
5 solely for the purposes set forth in Paragraph l(b) of this
6 agreement, and in accordance with the program budget submitted
7 by Subrecipient to the City of San Bernardino Community
8 Development Department, a copy of which is attached to this
9 agreement as Exhibit "B". This budget shall list all sources of
10 funding for the program covered by this agreement, whether from
11 state, Federal, local or private sources, and shall identify
12 which sources are paying for which specific portions of the
13 program, by line-item, to the extent practicable.
14 (b) No travel expenses for out-of-state travel shall
15 be included in this program unless specifically listed in the
16 budget as submitted and approved, and all travel expenses to be
17 funded from funds provided hereunder shall be specifically
18 identified as travel expense, which shall be negotiated between
19 the City of San Bernardino Community Development Department and
20 Subrecipient in the budget. Any travel expenses incurred by
21 Subrecipient above the budgeted amount or for out-of-state
22 travel shall not be eligible for reimbursement unless the prior
23 written approval of the Director of Community Development of the
24 City of San Bernardino, or designee, has been obtained.
25 (c) Funds shall be used for purposes authorized by the
26 community development block grant program only, and no portion
27 of the funds granted hereby shall be used for any purpose not
28 specifically authorized by this agreement.
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1 (d) Only net payroll shall be periodically reimbursed
2 by City as an allowable cost. Any amounts withheld by
3 Subrecipient from an employee's pay for taxes, social security,
4 or other withholding and not immediately paid over to another
5 entity, shall not be included as wages or expenses eligible for
6 reimbursement as an allowable cost until such time as the
7 withheld taxes, social security, or other withholdings are
8 actually paid over to another entity entitled to such payment.
9 Upon such payment and the submission of evidence of such payment
10 to the City of San Bernardino Community Development Department,
11 such expenses shall be regarded as an allowable cost, and the
12 City shall reimburse Subrecipient for such obligation.
13 (e) A variation in the itemization of costs, as set
14 forth in the proposed budget submitted to City, not to exceed
15 ten percent (10%) as to any particular line item, shall be
16 allowed, provided the prior written approval of the Director of
17 Community Development of the City of San Bernardino is obtained,
18 it being understood that the total amount of the grant shall not
19 be varied thereby.
20 (f) The parties intend that grant funds be utilized
21 within the time period covered by this agreement, and
22 entitlement to any funds not used shall revert to the city. No
23 reserve for the future shall be established with the funds
24 except as may be authorized to meet commitments made for
25 services provided during the period of this agreement, but not
26 yet paid for at the conclusion of this agreement.
27 5. Accountina; Audit.
28 (a) Prior to the final payment under this agreement,
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1 and at such other times as may be requested by the Director of
2 Community Development of the City of San Bernardino,
3 Subrecipient shall submit to the Director an accounting of the
4 proposed and actual expenditures of all revenues from whatever
5 source accruing to the organization for the fiscal year ending
6 June 3, 1988.
7 (b) Financial records shall be maintained by
8 Subrecipient in accordance with generally accepted accounting
9 principles, and in a manner which permits City to trace the
10 expenditures of funds to source documentation. All books and
11 records of Subrecipient are to be kept open for inspection at
12 any time during the business day by the City, its officers or
13 agents, and by any representative of the united States of
14 America authorized to audit community development block grant
15 programs ·
16 (c) Standards for financial management systems and
17 financial reporting requirements established by Attachment "F"
18 and Attachment "G" of Office of Management and Budget Circular
19 No. A 110 shall be fully complied with by Subrecipient.
20 Subrecipient acknowledges that the funds provided are federal
21 funds ·
22 (d) Subrecipient's financial management system shall
23 provide for accurate, current and complete disclosure of the
24 financial results of each program sponsored by this agreement.
25 It is the responsibility of Subrecipient to adequately safeguard
26 all assets of the program, and Subrecipient shall assure that
27 they are used solely for authorized purposes.
28 (e) In addition to the foregoing, Subrecipient shall
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1 at its own expense have the city-funded portion of its program
2 audited annually, and provide to City a copy of the audit report
3 within sixty (60) days after receipt of the report by
4 Subrecipient. Such audit must be performed by a certified
5 Public Accountant or some other independent auditor approved in
6 advance by the City's Director of the Community Development.
7 6. Services Available to Residents: Monitorinq and Report-
8 inq Proqram Performance. The services of Subrecipient shall be
9 made available to residents and inhabitants of the City of San
10 Bernardino unless otherwise noted in Exhibit "A". No person
11 shall be denied service because of race, color, national origin,
12 creed, sex, martial status, or physical handicap. Subrecipient
13 shall comply with Affirmative Action guidelines in its
14 employment practices. Subrecipient shall also monitor the
15 program's activities and submit written reports quarterly, or
16 more often if requested, to the Director of Community
17 Development of the City of San Bernardino, in accordance with
18 Attachment "H", Office of Management and Budget Circular No. A
19 110. Failure to provide such quarterly performance reports may
20 prevent the processing by City of Sub recipient's requests for
21 reimbursement, and may justify temporary withholding as provided
22 for in Paragraph 11 hereof.
23 7. Procurement Practices: Conflict of Interest.
24 Subrecipient shall comply with procurement procedures and
25 guidelines established by Attachment "0" to Office of Management
26 and Budget Circular No. A-102, "Procurement Standards". In
27 addition to the specific requirements of Attachment "0" to
28 Circular No. A-102, Subrecipient shall maintain a code or
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1 standards of conduct which shall govern the performance of its
2 officers, employees or agents in contracting with and expending
3 the federal grant funds made available to Subrecipient under
4 this agreement. Subrecipient's officers, employees or agents
5 shall neither solicit nor accept gratuities, favors, or anything
6 of monetary value from contractors or potential contractors. To
7 the extent permissable by state law rules, and regulations, the
8 standards adopted by Subrecipient shall provide for penalties,
9 sanctions or other disciplinary actions to be applied for
10 violations of such standards by either the Subrecipient's
11 officers, employees or agents, or by contractors or their
12 agents. Subrecipient shall provide a copy of the code or
13 standards adopted to City forthwith. All procurement
14 transactions without regard to dollar value shall be conducted
15 in a manner so as to provide maximum open and free competition.
16 The Subrecipient shall be alert to organizational conflicts of
17 interest or non-competitive practices among contractors which
18 may restrict or eliminate competition or otherwise restrain
19 trade. Subrecipient agrees to adhere to conflict of interest
20 provisions set forth in 24 CFR section 570.611 and to the
21 procurement rules specified in Office of Management and Budget
22 Circular No. A 102 Attachment "0" in its expenditure of all
23 funds received under this agreement.
24 8. Anti-Kick Back provisions: Eaual Employment
25 Opportunity. All contracts for construction or repair using
26 funds provided under this agreement shall include a provision
27 for compliance with the Copeland "Anti-Kick Back" Act (18.U.S.C.
28 874) as supplemented in Department of Labor Regulations (29 CFR,
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1 Part 3). This act provides that each contractor or subgrantee
2 shall be prohibited from inducing, by any means, any person
3 employed in the construction, completion or repair of public
4 work, to give up any part of the compensation to which he is
5 otherwise entitled. Subrecipient shall report all suspected or
6 reported violations to city. All contracts in excess of
7 $10,000.00 entered into by Subrecipient using funds provided
8 under this agreement shall contain a provision requiring
9 compliance with Equal Employment opportunity provisions
10 established by Executive Order #11246 as amended.
11 9. prevailinq Wage Reauirement. Any construction
12 contracts awarded by Subrecipient using funds provided under
13 this agreement in excess of $2,000.00 shall include a provision
14 for compliance with the Davis-Bacon Act (40.U.S.C. 276a to 276a
15 7) and as supplemented by Department of Labor Regulations
16 (29CFR). Under this Act, contractors shall be required to pay
17 wages to laborers and mechanics at a rate not less than the
18 minimum wages specified in a wage determination made by the
19 Secretary of Labor. In addition, contractors shall be required
20 to pay wages not less often than once a week. Subrecipient
21 shall place a copy of the current prevailing wage determination
22 issued by the Department of Labor in each solicitation and the
23 award of a contract shall be conditioned upon the acceptance of
24 the wage determination. Subrecipient shall report all suspected
25 or reported violations to city.
26 10. Approval of city of any Charqes; Use of Proqram
27 Income. City reserves the right to require Subrecipient to
28 obtain the prior written approval of city of any charges or fees
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1 to be charged by Subrecipient for services provided under this
2 agreement, and of any rules and regulations governing the
3 provision of services hereunder. Program income represents
4 gross income earned by the Subrecipient from the federally
5 supported activities. Such earnings exclude interest earned on
6 advances and may include, but will not be limited to, income
7 from service fees, sale of commodities, usage and rental fees.
8 These funds shall be used first for eligible program activities,
9 before requests for reimbursement, or shall be remitted to the
10 City. Subrecipient shall remit all unspent program income to
11 the City within thirty (30) days subsequent to the end of the
12 program year (June 30, 1988). Interest earned on funds advanced
13 under the agreement shall be paid to the City.
14 11. Temporary withholdinq. The Director of the Community
15 Development of the City of San Bernardino is authorized to
16 temporarily withhold the payment of funds to Subrecipients when
17 the Director determines that any violation of this agreement has
18 occurred. Funds shall be withheld until the violation is
19 corrected to the satisfaction of the Director. Subrecipient
20 shall have the right to appeal the decision of the Director to
21 the Mayor and Common Council. The sole grounds for such appeal
22 shall be that no violation of the agreement has occurred.
23 Subrecipient shall file such appeal within fifteen (15) days
24 after such first withholding. The Mayor and Common Council
25 shall set a date for the hearing of such appeal which is within
26 thirty (30) days following the date of filing.
27 12. Records Retention. Financial records, supporting
28 documents, statistical records, and all other records pertaining
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to the use of the funds provided under this agreement shall be
retained by Subrecipient for a period of three (3) years, at a
minimum, and in the event of litigation, claim or audit, the
records shall be retained until all litigation, claims and audit
findings involving the records, have been fully resolved.
Records for non-expendable property acquired with federal funds
provided under this agreement shall be retained for three (3)
years after the final disposition of such property.
13. Property Manaqement Standards. Non-expendable personal
property, for the purposes of this agreement, is defined as
tangible personal property, purchased in whole or in part with
federal funds, which has useful life of more than one (1) year
and an acquisition cost of three hundred dollars ($300.00) or
more per unit. Real property means land, including land
improvements, structures and appurtenances thereto, excluding
movable machinery and equipment. Non-expendable personal
property and real property purchased with or improved by funds
provided under this agreement shall be subject to the property
management standards specified in Attachment "N" of Office of
Management and Budget Circular No. A-102, "Property Management
Standards".
14. Termination for Cause. City reserves the right to
terminate this agreement and any and all grants and future
payments under this agreement in whole or in part at any time
before the date of completion of this agreement whenever City
determines that the Subrecipient has failed to comply with the
conditions of this agreement. In the event City seeks to
terminate this agreement for cause, City shall promptly notify
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the Subrecipient in writing of the proposed termination and the
reasons therefore, together with the proposed effective date.
Subrecipient shall be given an opportunity to appear before the
Mayor and Common Council at the time at which the Mayor and
Common Council are to consider such recommended termination, and
shall be given a reasonable opportunity to show cause why, if
any exists, the agreement should not be terminated for cause.
Upon determination by the Mayor and Common Council that the
contract should be terminated for cause, notice thereof,
including reasons for the determination, shall promptly be
mailed to the Subrecipient, together with information as to the
effective date of the termination. Such notice may be given
orally at that hearing. The determination of the Mayor and
Common Council as to cause shall be final.
15. Termination for Convenience. City or Subrecipient may
terminate this agreement in whole or in part provided both
parties agree that the continuation of the project would not
produce beneficial results commensurate with further expenditure
of funds. In such event, the parties shall agree upon the
termination conditions, including the effective date and, in the
case of partial terminations, the portion to be terminated. The
Subrecipient shall not incur new obligations for the terminated
portion after the effective date and shall cancel as many
outstanding obligations as possible. City shall allow
Subrecipient full credit for the City'S share of the non
cancellable obligations properly incurred by the Subrecipient
prior to termination.
16. Hold Harmless. Subrecipient agrees to indemnify and
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save harmless the City and its employees and agents from all
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liabilities and charges, expenses (including counsel fees),
suits or losses, however occurring, or damages, arising or
growing out of the use of or receipt of funds paid under this
agreement and all operations under this agreement. Payments
under this agreement are made with the understanding that the
City is not involved in the performance of services or other
activities of the Subrecipient. Subrecipient and its employees
and agents are independent contractors and not employees or
agents of City. In the event of any termination, subrecipient
shall forthwith provide to the Community Development Department
any and all documentation needed by the Community Development
Department to establish a full record of all monies received by
subrecipient and to document the uses of same.
17. Amendment. This agreement may be amended or modified
only by written agreement signed by both parties, and failure on
the part of either party to enforce any provision of this
agreement shall not be construed as a waiver of the right to
compel enforcement of any provision or provisions.
18. Assiqnment. This agreement shall not be assigned by
Subrecipient without the prior written consent of city.
19. Notices. All notices herein required shall be in
writing and delivered in person or sent certified mail, postage
prepaid, addressed as follows:
As to City:
As to Subrecipient:
Teddy Bear Tymes Child Ca:'e Center, In .
,-'-'-l-!-44--ShGJ:!t cr A or; CIl UQ-----
".-,-San--BeF-aa:r~...GA -9-2,4{}J.-
''1/. /(; ., f:<'{,." " " i' ,'" / /1"~J 1./,/),:, /' .ct',1
l /" //L i., I', (.J" {, /'<.t., 2" ,( /"1,' ~ (,
/.5' ? :~ !
!
~>./:/ fC";s""
Director
Community Development Dept.
City of San Bernardino
City Hall, Fifth Floor
300 North "D" Street
San Bernardino, Calif. 92418
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20. Evidence of Authoritv. Subrecipient shall provide to
City evidence in the form of a certified copy of minutes of the
governing body of Subrecipient, or other adequate proof, that
this agreement has been approved in all its detail by the
governing body of the Subrecipient, that the person(s) executing
it are authorized to act on behalf of Subrecipient, and that
this agreement is a binding obligation on Subrecipient.
IN WITNESS WHEREOF, the parties hereto have executed this
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agreement on the day and year first hereinabove written.
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pproved as to form
21 nd legal content:
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TTEST:
CITY OF " SAN BERNARDINO
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BY . M~YO:'v ~~;' thA~ 6i t~~~f.{!'~
San Bernardino
/'
Clerk
SUBRECIPIENT:
By: #~-d~
President
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BY: / G/tL {/;1:J-tf~
(/ / Secretary
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068
26 une, 1987
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EXHIBIT "All - PROGRAM NARRATIVE FOR CDBG PROPOSAL 1987-88
DEVELOPMENT OF TEDDY BEAR TYMES CHILD CARE CENTER
PURPOSE
Teddy Bear Tymes is a non-profit, public benefit corporation formed for the purpose
of establishing and operating a child care center, including but not limited to:
Provide quality infant and child care in a safe, nurturing environment in which
infants and children can grow and develop; provide carefully planned educational
programs enriching each child's experience; consider the total development of each
child which includes social, emotional, emotional, physical and intellectual needs;
provide and maintain space, equipment, and staff in conformance with California
State licensing requirements for child care centers; and provide in-service training
opportunities for pre-school teachers and aides. The corporation's Board of Direc-
tors is comprised of representatives from the City/County/State and local community
org~nizations. .
BACKGROUND
Teddy Bear Tymes was organized by City/County/State employees to address the critical
shortage of quality and affordable infant child care in San Bernardino. In searching
for an appropriate child care center site, Teddy Bear Tymes met with the local YWCA.
The YWCA subsequently agreed to extensively renovate approximately 10,000 square
feet of its facility leasing 4,000 square feet, rent free, to Teddy Bear Tymes for
a period of seven years. The YWCA building renovation project has received a
commitment of approximately $152,000 from the County and City as well as pledges
of donated labor from the San Bernardino/Riverside irades Unions, the Job Corps,
and the California Conservation Corps.
SCOPE
Teddy Bear Tymes will provide quality and affordable infant and pre-school child care
for the community of San Bernardino. The Center will give enrollment preference to
families with low to moderate incomes. The corporation is currently conducting a
fee survey of local child care centers providing quality care. The data obtained
will be used as a guide in setting Teddy Bear Tymes fees, with the goal of providing
a sliding fee scale benefiting families with low and moderate incomes.
The Center will serve approximately 88 infants and children from the ages of six
weeks to five years or until the child is ready for kindergarten. The Corporation
plans to provi"de a variety of ~ge-appropriate learning activities for thecent~r's
children.
The Center will employ one full time degreed and experienced director and 11 full
time and part time pre-school teachers and aides. It will also reach into the
community for "Grandparent," student, and parent volunteers. Many of these
volunteers will be enrolled in the Center's in-service training program that will
provide them with marketable job skills in the child care industry.
GRANT REQUEST
Exhibit "B" identifies a partial 1istlng of the equipment and supplies needed. by the. .
Center prior to licensing. All of the items requested have been thoroughly researched
and selected to provide durable and quality service at a reasonable cost. .
Teddy Bear Tymes is submitting a request for $17,321 that will provide the planned
child care center with required equipment and supplies not funded by other sources.
Revised 6-1-87
EXHiBIT IIAII
CITY OF SAN BERNARDINO CDBG PROGRAM
TEDDY BEAR TYMES CHILD CARE CENTER, INC.
EQUIPMENT PROJECT PROPOSAL - FY1987-88
INFANT CENTER EQUIPMENT/FURNISHINGS (20 Infants)
Unit Cost Quantity Total Cost
Napping Cots $ 26.25 12 ea $ 315.00
High Chairs 100.00 5 ea 500.00
Changing Tables 266.66 3 ea 800.00
Safety Play Guards 400.00 2 sets 800.00
Potty Chairs 20.00 6 ea 120.00
Rocking Chairs (adult) 150.00 1 ea 150.00
Classroom Tables (toddlers) 130.00 2 ea 260.00
Classroom Chairs (toddlers) 20.00 14 ea 280.00
Cubbie Classroom and Storage Dividers 300.00 1 ea 300.00
$3,525.00
PRE-SCHOOL CENTER EQUIPMENT/FURNISHINGS (68 children)
Napping Cots 26.25 68 ea 1,785.00
Classroom tables 130.00 10 ea 1,300.00
Classroom Chairs 20.00 68 ea 1,360.00
Creative "Wall" Toy Sets 925.00 1 set 925.00
"Parachute," Indoor Play 87.50 2 ea 175.00
Chalkboard 180.00 2 ea 360.00
$5,905.00
OUTDOOR EQUIPMENT/FURNISHINGS
Bicycles 120.00 10 ea 1,200.00
"Tike" Bikes - toddler 63.00 3 ea 189.00
"Funbooster" Play yard equipment 5,002.00 1 ea 5,002.00
Creative Play for up to 24 children $6,391.00
OFFICE EQUIPMENT/FURNISHINGS
Copier Machine 1,500.00 1 ea 1,500.00
$1,500.00
GRAND TOTAL - 17,321.00
Revised: 6-1-87
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