HomeMy WebLinkAbout1987-195
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RESOLUTION NUMBER A7 lQ~
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROLLING
START, INC. (LIFELINE).
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
hereby authorized and directed to execute, on behalf of the
City, an agreement for Community Development Block Grant funding
with Rolling Start, Inc., (Lifeline), a copy of which agreement
is annexed hereto as Exhibit "I" 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 $13,134.00.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the and Common Council of the City of San Bernardino
at a
meeting thereof, held on the 15th
, 1987, by the following vote, to wit:
day of
reaular
June
AYES:
Councilpersons Reillv. Flores. Maudslev. Minor.
Miller
NAYES:
None
ABSENT:
None ABSTAIN: Council Members Estrada. Pope-Ludl
~HP1/~$
/ City Clerk
6/2/87
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The foregoing resolution is here
day of ~nnp , 1987.
M
Approved as to legal form
and content:
Attorney
6/2/87
11
II,
ell-lets
~SiB~~ILB.H:r
1 THIS AGREEMENT is entered into effective as of
2 July 1 , 1987, at San Bernardino, California,
3 between the CITY OF SAN BERNARDINO, a municipal corporation,
4 referred to as "City", and ROLLING START, INC. (LIFELINE)
5 , a
6 nonprofit community service organization, referred to as "Sub-
7 recipient".
8 city and Subrecipient agree as follows:
9 1. Recitals.
10 (a) Subrecipient has requested financial assistance
11 from city for fiscal year 1987/1988 from funds available through
12 a community development block grant from the United States of
13 America to City.
14 (b) Subrecipient represents that the expenditures
15 authorized by this agreement are for valid community development
16 purposes, in accordance with federal law and regulations, and
17 that all funds granted under this agreement will be used for no
18 purpose other than those purposes specifically authorized. The
19 specific purposes and scope of services of this particular grant
20 are set forth in Exhibit "A", attached hereto and incorporated
21 into this agreement as though fully set forth herein.
22 2. Pavments. City shall reimburse Subrecipient for allow-
23 able costs incurred under the scope of this agreement and
24 applicable Federal regulations, which have not been paid for or
25 reimbursed in any other manner by any other Agency or private
26 source of funding. Reimbursement will be made at least on a
27 monthly basis, with the total of all such reimbursements not to
28 exceed $ 13,134.00
1 3. Term. This agreement shall commence July I, 1987 and
2 terminate June 30,1988
3 4. Use of Funds: Budaet: 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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(d) Only net payroll shall be periodically reimbursed
by city as an allowable cost. Any amounts withheld by
Subrecipient from an employee's pay for taxes, social security,
or other withholding and not immediately paid over to another
entity, shall not be included as wages or expenses eligible for
reimbursement as an allowable cost until such time as the
withheld taxes, social security, or other withholdings are
actually paid over to another entity entitled to such payment.
Upon such payment and the submission of evidence of such payment
to the City of San Bernardino Community Development Department,
such expenses shall be regarded as an allowable cost, and the
City shall reimburse Subrecipient for such obligation.
(e) A variation in the itemization of costs, as set
forth in the proposed budget submitted to city, not to exceed
ten percent (10%) as to any particular line item, shall be
allowed, provided the prior written approval of the Director of
Community Development of the City of San Bernardino is obtained,
it being understood that the total amount of the grant shall not
be varied thereby.
(f) The parties intend that grant funds be utilized
within the time period covered by this agreement, and
entitlement to any funds not used shall revert to the City. No
reserve for the future shall be established with the fund.
except as may be authorized to meet commitments made for
services provided during the period of this agreement, but not
yet paid for at the conclusion of this agreement.
5. Accountina: Audit.
(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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at its own expense have the City-funded portion of its program
audited annually, and provide to City a copy of the audit report
within sixty (60) days after receipt of the report by
Subrecipient. Such audit must be performed by a Certified
Public Accountant or some other independent auditor approved in
advance by the City's Director of the Community Development.
6. Services Available to Residents: Monitorina and ReDort-
ina Proaram Performance. The services of Subrecipient shall be
made available to residents and inhabitants of the City of San
Bernardino unless otherwise noted in Exhibit "A". No person
shall be denied service because of race, color, national origin,
creed, sex, martial status, or physical handicap. Subrecipient
shall comply with Affirmative Action guidelines in its
employment practices. Subrecipient shall also monitor the
program's activities and submit written reports quarterly, or
more often if requested, to the Director of Community
Development of the City of San Bernardino, in accordance with
Attachment "H", Office of Management and Budget Circular No. A
110. Failure to provide such quarterly performance reports may
prevent the processing by City of Sub recipient's requests for
reimbursement, and may justify temporary withholding as provided
for in Paragraph 11 hereof.
7. Procurement Practices: Conflict of Interest.
Subrecipient shall comply with procurement procedures and
guidelines established by Attachment "0" to Office of Management
and Budget Circular No. A-102, "Procurement Standards". In
addition to the specific requirements of Attachment "0" to
Circular No. A-102, Subrecipient shall maintain a code or
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standards of conduct which shall govern the performance of its
officers, employees or agents in contracting with and expending
the federal grant funds made available to Subrecipient under
this agreement. Subrecipient's officers, employees or agents
shall neither solicit nor accept gratuities, favors, or anything
of monetary value from contractors or potential contractors. To
the extent permissable by state law rules, and regulations, the
standards adopted by Subrecipient shall provide for penalties,
sanctions or other disciplinary actions to be applied for
violations of such standards by either the Subrecipient's
officers, employees or agents, or by contractors or their
agents. Subrecipient shall provide a copy of the code or
standards adopted to City forthwith. All procurement
transactions without regard to dollar value shall be conducted
in a manner so as to provide maximum open and free competition.
The Subrecipient shall be alert to organizational conflicts of
interest or non-competitive practices among contractors which
may restrict or eliminate competition or otherwise restrain
trade. Subrecipient agrees to adhere to conflict of interest
provisions set forth in 24 CFR Section 570.611 and to the
procurement rules specified in Office of Management and Budget
Circular No. A 102 Attachment "0" in its expenditure of all
funds received under this agreement.
8. Anti-Kick Back provisions: Baual Emolovment
Oooortunitv. All contracts for construction or repair using
funds provided under this agreement shall include a provision
for compliance with the Copeland "Anti-Kick Back" Act (18.U.S.C.
874) as supplemented in Department of Labor Regulations (29 CFR,
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Part 3). This act provides that each contractor or subgrantee
shall be prohibited from inducing, by any means, any person
employed in the construction, completion or repair of public
work, to give up any part of the compensation to which he is
otherwise entitled. Subrecipient shall report all suspected or
reported violations to city. All contracts in excess of
$10,000.00 entered into by Subrecipient using funds provided
under this agreement shall contain a provision requiring
compliance with Equal Employment Opportunity provisions
established by Executive Order #11246 as amended.
9. prevailina Waae Reauirement. Any construction
contracts awarded by Subrecipient using funds provided under
this agreement in excess of $2,000.00 shall include a provision
for compliance with the Davis-Bacon Act (40.U.S.C. 276a to 276a
7) and as supplemented by Department of Labor Regulations
(29CFR). Under this Act, contractors shall be required to pay
wages to laborers and mechanics at a rate not less than the
minimum wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors shall be required
to pay wages not less often than once a week. Subrecipient
shall place a copy of the current prevailing wage determination
issued by the Department of Labor in each solicitation and the
award of a contract shall be conditioned upon the acceptance of
the wage determination. Subrecipient shall report all suspected
or reported violations to city.
10. Annroval of Citv of any Charaes: Use of proaram
Income. city reserves the right to require Subrecipient to
obtain the prior written approval of City of any charges or fees
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to be charged by Subrecipient for services provided under this
agreement, and of any rules and regulations governing the
provision of services hereunder. Program income represents
gross income earned by the Subrecipient from the federally
supported activities. Such earnings exclude interest earned on
advances and may include, but will not be limited to, income
from service fees, sale of commodities, usage and rental fees.
These funds shall be used first for eligible program activities,
before requests for reimbursement, or shall be remitted to the
city. Subrecipient shall remit all unspent program income to
the city within thirty (30) days subsequent to the end of the
program year (June 30, 1988). Interest earned on funds advanced
under the agreement shall be paid to the city.
11. TemDorarv Withholdina. The Director of the Community
Development of the City of San Bernardino is authorized to
temporarily withhold the payment of funds to Subrecipients when
the Director determines that any violation of this agreement has
occurred. Funds shall be withheld until the violation is
corrected to the satisfaction of the Director. Subrecipient
shall have the right to appeal the decision of the Director to
the Mayor and Common Council. The sole grounds for such appeal
shall be that no violation of the agreement has occurred.
Subrecipient shall file such appeal within fifteen (15) days
after such first withholding. The Mayor and Common Council
shall set a date for the hearing of such appeal which is within
thirty (30) days following the date of filing.
12. Records Retention. Financial records, supporting
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. ProDertv Manaaement 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 aqreement for cause, city shall promptly notify
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1 the Subrecipient in writing of the proposed termination and the
2 reasons therefore, together with the proposed effective date.
3 Subrecipient shall be given an opportunity to appear before the
4 Mayor and Common Council at the time at which the Mayor and
5 Common Council are to consider such recommended termination, and
6 shall be given a reasonable opportunity to show cause why, if
7 any exists, the agreement should not be terminated for cause.
8 Upon determination by the Mayor and Common Council that the
9 contract should be terminated for cause, notice thereof,
10 including reasons for the determination, shall promptly be
11 mailed to the Subrecipient, together with information as to the
12 effective date of the termination. Such notice may be given
13 orally at that hearing. The determination of the Mayor and
14 Common Council as to cause shall be final.
15 15. Termination for Convenience. City or Subrecipient may
16 terminate this agreement in whole or in part provided both
17 parties agree that the continuation of the project would not
18 produce beneficial results commensurate with further expenditure
19 of funds. In such event, the parties shall agree upon the
20 termination conditions, including the effective date and, in the
21 case of partial terminations, the portion to be terminated. The
22 Subrecipient shall not incur new obligations for the terminated
23 portion after the effective date and shall cancel as many
24 outstanding obligations as possible. City shall allow
25 Subrecipient full credit for the City's share of the non
26 cancellable obligations properly incurred by the Subrecipient
27 prior to termination.
28 16. Hold Harmless. Subrecipient agrees to indemnify and
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save harmless the City and its employees and aqents from all
liabilities and charqes, expenses (includinq counsel fees),
suits or losses, however occurrinq, or damaqes, arisinq or
qrowinq out of the use of or receipt of funds paid under this
aqreement and all operations under this aqreement. Payments
under this aqreement are made with the understandinq that the
City is not involved in the performance of services or other
activities of the Subrecipient. Subrecipient and its employees
and aqents are independent contractors and not employees or
aqents 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 aqreement may be amended or modified
only by written aqreement siqned by both parties, and failure on
the part of either party to enforce any provision of this
aqreement shall not be construed as a waiver of the riqht to
compel enforcement of any provision or provisions.
18. Assianment. This aqreement shall not be assiqned by
Subrecipient without the prior written consent of city.
19. Notices. All notices herein required shall be in
writinq and delivered in person or sent certified mail, postaqe
prepaid, addressed as follows:
As to city:
As to Subrecipient:
Rolling Start, Inc. (Lifeline)
443 West 4th Street
San Bernardino, CA 92401
Director
Community Development Dept.
City of San Bernardino
City Hall, Fifth Floor
300 North "0" 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
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governing body of Subrecipient, or other adequate proof, that
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this agreement has been approved in all its detail by the
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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.
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IN WITNESS WHEREOF, the parties hereto have executed this
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Approved as to form
21 and legal content:
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agreement on the day and year first hereinabove written.
ATTEST:
:~i?,#
ayor, f the City f
San Bernardino '
,~l'r/lPd~/
~/ CJ.ty Clerk
SUBRECIPIENT:
BY:~
President
BY: ;e~/L~ m~
~ SecreEary
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25 KJH/lb
0068
26 June, 1987
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{L-
A NO{rr~f~1e
"V,
W/ -U4'-/9lI7
Disabled
. INDEPENDENT LIVING CENTER .
LIFELINE PROGRAM
SCOPE OF SERVICES:
.
I. Lifeline is a 24 hour a day medical eaergency response
service which utilizes electronic equipment to summon
medical assistance in the event of an emergency.
II. The use of Lifeline by frail elderly/disabled can pre-
vent or delay premature institutional care: gives sub-
scriber psychological sense of security, allows sub-
scriber to live an independent lifestyle, subscriber
feels less isolated.
III. Lifeline works with the push of a button worn around
the neck or wrist. In the event of an emergency the
subscriber pushes the emergency button which activates
Lifeline unit to dial in to the Central Receiving Center,
located at the County Medical Center. Upon receiving
emergency message, RC personnel then calls subscriber.
Should aubscriber be down and cannot answer phone, RC
personnel then calls prearranged contact persons (re-
sponders) to check on subscriber to deteraine if the
call is a true.emergency--if so, RC dispatches paraaedics.
IV. Eligibility: Be of low or moderate income, a senior (60
years or older) or disabled, live alone or be alone the
majority of the time and be medically vulnerable.
V. Cost: Lifeline is free of any charges to the low and
moderate income. Those individuals above the moderate
income level would pay $25.00 installation fee and a
leasing charge of $10.00 per aonth.
VI. Central Receiving Center: The reasoning for a centrally
IQcated Receiving Center, rather than an RC in several
areas is that the Central one is cost effective. The
Lifeline program reimburses subscribers for toll calls
incurred during installation period.
Date: May 29, 1987
MAIN OFFICE
443 w..t 4th Street
San Bemardino. CA 9240'
(710) 8&1-2129
TOO (7") 8lW-7396
.
220 East Buena Vista
Barstow. CA 9231'
VOICE or TOO
(619) 256-2832
JI
'4935 Circle Drive
Vlctonrillo. CA 92392
VOICE or TOO
(619) 2<1-1110
C'YU'~IT .,,-
.. 26-fn-17 ..
'. ,"
III llFEllME JUD6ET PROPOSAl III
.. FISCAl YEAR 17111 ..
RI..l.IE START, IllC
"3 list Fourth StrHt
SIn lernll"illO, Clllfarnil '2401
SEIIIII ElIER&EllCY RESPOIlSE SERVICES (WIlln.)
Fiscll Periad July I, 1987 thru Junl 30, 1981
OOA OOA CITY CUUIlTY COIIITY COIIITY TOTAl
TOTAl &RAIl1 liRMTI &AMT I U 2 . H 4 I 5 6RAIlT
1U000T FUlIDS FUlIDS FIBS F\JIlDS FIIlDS FUIIDS FUllDS
EIPEIlDIT\IIES
Slleri,,:
Alliin 1100% , $'.15 PtrHrI $1',975.00 $181.41 13,413.67 14,984.45 12,504.75 12,504.75 $6,185.'7 11','75.00
PrlllJ Assist 150% . S6.001 17,800.00 $\48.'3 $1,333.00 11,'46.37 1978.08 m8.08 $2,415.54 $7,800.00
----------- ---------- ---------- ---------- ---------- ---------- ---------- -----------
Totll SlllI'ill m,n5.oo 1530.34 M,746.67 $6,'30.82 $1,482.83 13,482.83 tB,601.51 m,n5.oo
Frin" Btn.fits: (FICA 7.15%1 11,986.00 m.92 $339.40 M95.58 1249.03 $24'.03 $615.04 11,986.00
lSUI 4.0%1 1560.00 110.69 $95.70 $13'.74 170.22 $70.22 $173.43 1560.00
IlIItIicall 11,217.00 123.24 1207.98 $303.68 $152.60 1152.60 1376.'0 $1,217.00
IDttltall $172.00 13.28 t2U' M2.92 121.57 121.57 $53.27 $172.00
IIfC 5.2%1 SI,444.00 $27.57 $246.78 $360.33 1181.07 1181.07 1447.18 11,444.00
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. Totll Fringe 8enefits $5,37'.00 1102.70 1919.25 11,342.25 $674.4' 1674.49 11,665.82 1~,37'.00
.---------- ---------- ---------- ---------- ---------- ---------- ---------- -----------
Totll Sallry . Fringe 133,154.00 $633.04 15,665.'2 $8,273.07 14,157.32 14,157.32 $10,267.33 133,154.00
E~ipltnt 160 UMITS . 14751 128,~OO.00 111,400.00 111,400.00 $5,700.00 128,500.00
Accounting/Audit 14,&,;0.00 192.42 1827 .14 11,207.75 1606.'1 1606.91 S1,4'8.87 14,840.00
Advtrti si ng 1960.00 tIS. 33 $164.06 1239.~5 S\20.33 mO.38 12'7.30 1960.00
Equipaent Riintenlnce 12,000.00 138.19 1341.79 1499.07 1250.79 1250.79 $619.37 t2,.~O.OO
Insur anc. '2~MQ.OO 138.95 1348.63 1509.05 1~.80 1255.80 S631.n :1,040.00
Offic. Supplies S1,200.00 tn. 91 1205.08 1299.44 ;'50.47 1150.47 1371.63 SI ,200. 00
Offic. Spice 13,000.00 t57.28 15I2..~ 1748.60 1316.18 1376.18 t929.07 13,000.00
Utilities 1600.00 $11.46 $102.54 1149.72 175.24 175.24 Sl85.80 1600.00
Poshge lnd f..~iqht 1300.00 $5.73 t51.27 174.86 $31.62 137.62 192.90 $300.00
Other - lI1:~in Services 11,111.00 1111.66 1999.34 U,III.OO
Printing and Duplication 1960.00 118.33 1164.06 123'.55 1120.38 1120.38 1297.30 mo.oo
Confertnces 11,000.00 119.0' U70.90 $249.53 m~.39 1125.39 1309.70 11,000.00
Telephon. 11,200.00 m.91 $205.08 $299.44 1150.47 1150.47 $371.63 11,200.00
TrlVlI $1,380.00 S26.35 1~35.84 $344.36 1173.04 1173.04 1427.37 11,380.00
.. Paoe 3 ..
It 26-Ftb -87 It
Totll Elptnditurts
FIIIDIIl6 SlUItES
llss IncOM
llSs In-kind
CIIUIITY . FEDERAL SHARE
III LIFELINE 8UD6ET PROPOSAL I"
It Fin YEAR 87/88 It
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'82,245.00 '1,116.65 ","4.34 '13,133." '17,"'." '17,999." 122,000.04 182,245.00
111,111.001 11111."1 '1'''.341
1S1,III.oo1
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181,134.00 11,004." 18,995.00 113,133." 117,"'." 117,"'." 122,000.04 SSI,I34.oo
=========== ========== ========== ========== ========== ========== ::::=za:s: =--===z:====
If PlOt 4 It