HomeMy WebLinkAbout17-Community Development
CI~ OF SAN BERNARDI:>> -
REQUE:)r FOR COUNCIL ,~~N
Subject: Approval of FY 1987/1988 CDBG
Agreement between City and
Young Women's Christian Association
of Greater San Bernardino
From: Kenneth J. Henderson, Director
Oept: Community Development
Dele: June Z, 1987
Synopsis of Previous Councilection:
On May 18, 1987, the Mayor and Common Council considered and approved certain
FY 1987/1988 CDBG eligible programs, projects and activities.
Recommended moti~n:
ADOPT RESOLUTION
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Cont8ct person: Ken Henderson/Lisa Dickey
Phone:
5065
Staff Report
Ward:
1-7
Supporting dele attached:
FUNDING REQUIREMENTS:
Amount: 30,000.00
Source:
FY 87/88 CDBG
Allocatlon
Finenee:
Council Notes:
71.0162
Agende Item No "'I;; /' .
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CI'fY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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STAFF REPORT
On May 11, 1987, the Mayor and Common Council conducted the
CDBG Public Hearing and considered requests for financial
assistance for the upcoming fiscal year (1987/19B8). The
r~ayor and Common Council, subsequently, held a workshop on
May 18, '1987 and awarded community development funds to
certain public service, capital improvement, fai r .housing and
economic development projects. Agreements are now required
to implement said projects.
At the workshop conducted on May 18, 1987, t1he Mayor and
Common Council approved $30,000.00 from the FY 1986/1987
Contingency Account for the removal of asbestos, in order to
complete rehabilitation of the YWCA facility for the Teddy
Bear Tymes Child Care Center.
Subsequent to the above action, the YWCA submitted a written
request (attached) to utilize the $30,000.00 for the purchase
of materials only. The reason for the request is that the
payment of union-scale wages in the removal of asbestos -
cannot be completed with the $30,000.00 appropriated. The
YWCA will use other revenue sources to remove the asbestos.
Staff concurs with the request and recommends adoption of the
resolution.
Adoption of the resolution by the Mayor and Common Council
would authorize and direct the Mayor to execute the agreement
as described herein.
Development
KJH/lab/0307
6/2/87
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RESOLUTION NUMBER
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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 YOUNG
Wm!EN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO, 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
hereby authorized and directed to execute, on behalf of the
City, an agreement for Community Development Block Grant funding
with Young Women's Christian Association, 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 $30,000.00.
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
day of
, 19B7, by the following vote, to wit:
AYES:
Councilpersons
NAYES:
ABSENT:
City Clerk
6/2/B7
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The foregoing resolution is hereby approved this
day of , 1987.
Mayor, City of San Bernardino
Approved as to legal form
and content:
. City Attorney
6/2/87
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THIS AGREEMENT is entered into effective as of
,Tnly 1 , 1987, at San Bernardino, California,
between the CITY OF SAN BERNARDINO, a municipal corporation,
referred to as "City", and
YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF SAN BERNARDINO , a
nonprofit community service organization, referred to as "Sub-
recipient".
City and Subrecipient agree as follows:
L 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
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. Payments. City shall reimburse Subrecipient for
23 allowable 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 $ 30,000.00 .
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3. Term.
This agreement shall commence
June 30, 1988 .
July 1, 1987
and terminate
~. Use of Funds: Budaet: Travel Limitation.
(a) The funds paid to Subrecipient shall be used by
it solely for the purposes set forth in Paragraph l(b) of this
agreement, and in accordance with the program budget submitted
by Subrecipient to the City of San Bernardino Community
Development Department, a copy of which is attached to this
agreement as Exhibit "B". This budget shall list all sources of
funding for the program covered by this agreement, whether from
State, Federal, local or private sources, and shall identify
which sources are paying for which specific portions of the
13 program, by line-item, to the extent practicable.
(b) No travel expenses for out-of-state travel shall
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15 be included in this program unless specifically listed in the
16 budget as submitted and approved, and all travel expenses to be
funded from funds provided hereunder shall be specifically
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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
26 the community development block grant program only, and no
27 portion of the funds granted hereby shall be used for any
28 purpose not specifically authorized by this agreement.
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(d) Only net payroll shall be periodically
1 by City as an allowable cost. Any amounts withheld by
2 Sub recipient from an employee's pay for taxes, social security,
3 or other withholding and not immediately paid over to another
4 entity, shall not be included as wages or expenses eligible for
5 reimbursement as an allowable cost until such time as the
6 withheld taxes, social security, or other withho1dings are
7 actually paid over to another entity entitled to such payment.
8 Upon such payment and the submission of evidence of such payment
9 to the City of San Bernardino Community Development Department,
10 such expenses shall be regarded as an allowable cost, and the
11 City shall reimburse Subrecipient for such obligation.
12 (e) A variation in the itemization of costs, as set
13 forth in the proposed budget submitted to City, not to exceed
14 ten percent (10%) as to any particular line item, shall be
15 allowed, provided the prior written approval of the Director of
16 Community Development of the City of San Bernardino is obtained,
17 it being understood that the total amount of the grant shall not
18 be varied thereby.
19 (f) The parties intend that grant funds be utilized
20 within the time period covered by this agreement, and
21 entitlement to any funds not used shall revert to the City. No
22 reserve for the future shall be established with the funds
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reimbursed
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,
and at such other times as may be requested by the Director of
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1 Community Development of the City of San Bernardino,
2 Subrecipient shall submit to the Director an accounting of the
3 proposed and actual expenditures of all revenues from whatever
4 source accruing to the organization for the fiscal year ending
5 June 3, 1988.
6 (b) Financial records shall be maintained by
7 Subrecipient in accordance with generally accepted accounting
8 principles, and in a'manner which permits City to trace the
9 expenditures of funds to source documentation. All books and
10 records of Subrecipient are to be kept open for inspection at
11 any time during the business day by the City, its officers or
12 agents, and by any representative of the United States of
13 America authorized to audit community development block grant
14 programs..
15 (c) Standards for financial management systems and
16 financial reporting requirements established by Attachment RFR
17 and Attachment R~R of Office of Management and Budget Circular
18 No. A 110 shall be fully complied with by Subrecipient.
19 Subrecipient acknowledges that the funds provided are federal
20 funds.
21 (d) Subrecipient's financial management system shall
22 provide for accurate, current and complete disclosure of the
23 financial results of each program sponsored by this agreement.
24 It is the responsibility of Subrecipient to adequately safeguard
25 all assets of the program, and Subrecipient shall assure that
26 they are used solely for authorized purposes.
27 (e) In addition to the foregoing, Subrecipient shall
28 at its own expense have the City-funded portion of its program
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audited annually, and provide to City a copy of the audit report
1 within sixty (60) days after receipt of the report by
2 Subrecipient. Such audit must be performed by a Certified
3 Public Accountant or some other independent auditor approved in
4 advance by the City's Director of the Community Development.
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6. Services Available to Residentsl Monitorina and
6 Reportina proaram Performance. The services of Subrecipient
7 shall be made available to residents and inhabitants of the City
8 of San Bernardino unless otherwise noted in Exhibit wAR. No
9 person shall be denied service because of race, color, national
10 origin, creed, sex, martial status, or physical handicap.
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Subrecipient shall comply with Affirmative Action guidelines in
its employment practices. Sub recipient shall also monitor the
program's activities and submit written reports quarterly, or
14 more often if requested, to the Director of Community
15 Development of the City of San Bernardino, in accordance with
16 Attachment wHw, Office of Management and Budget Circular No. A
17 110. Failure to provide such quarterly performance reports may
18 prevent the processing by City of Sub recipient's requests for
19 reimbursement, and may justify temporary withholding as provided
20 for in paragraph 11 hereof.
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7. Procurement Practices: Conflict of Interest.
22 Subrecipient shall comply with procurement procedures and
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addition to the specific requirements of Attachment wOo to
guidelines established by Attachment wOo to Office of Management
and Budget Circular No. A-l02, "Procurement Standardsw. In
26 Circular No. A-l02, Subrecipient shall maintain a,code or
27 standards of conduct which shall govern the performance of its
28 officers, employees or agents in contracting with and expending
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1 the federal grant funds made available to Subrecipient under
2 this agreement. Subrecipient's officers, employees or agents
3 shall neither solicit nor accept gratuities, favors, or anything
4 of monetary value from contractors or potential contractors. To
5 the extent permissable by State law rules, and regulations, the
6 standards adopted by Subrecipient shall provide for penalties,
7 sanctions or other disciplinary actions to be applied for
8 violations of such standards by either the Subrecipient's
9 officers, employees or agents, or by contractors or their
10 agents. Subrecipient shall provide a copy of the code or
11 standards adopted to City forthwith. All procurement
12 transactions without regard to dollar value shall be conducted
13 in a manner so as to provide maximum open and free competition.
14 The Subrecipient shall be alert to organizational conflicts of
15 interest or non-competitive practices among contractors which
16 may restrict or eliminate competition or otherwise restrain
17 trade. Subrecipient agrees to adhere to conflict of interest
18 provisions set forth in 24 CFR Section 570.611 and to the
19 procurement rules specified in Office of Management and Budget
20 Circular No. A 102 Attachment "0" in its expenditure of all
21 funds received under this agreement.
22 8. Anti-Kick Back Provisions: Eaual Emplovment
23 Opportunitv. All contracts for construction or repair using
24 funds provided under this agreement shall include a provision
25 for compliance with the Copeland "Anti-Kick Back" Act (18.U.S.C.
26 874) as supplemented in Department of Labor Regulations (29 CFR,
27 Part 3). This act provides that each contractor or subgrantee
28 shall be prohibited from inducing, by any means, any person
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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
6 compliance with Equal Employment Opportunity provisions
7 established by Executive Order 111246 as amended.
8 9. prevailina Waae Reauirement. Any construction
9 contracts awarded by Subrecipient using funds provided under
10 this agreement in excess of $2,000.00 shall include a provision
11 for compliance with the Davis-Bacon Act (40.U.S.C. 276a to 276a
12 7) and as supplemented by Department of Labor Regulations
13 (29CFR). Under this Act, contractors shall be required to pay
14 wages to laborers and mechanics at a rate not less than the
15 minimum wages specified in a wage determination made by the
16 Secretary of Labor. In addition, contractors shall be required
17 to pay wages not less often than once a week. Subrecipient
18 shall place a copy of the current prevailing wage determination
19 issued by the Department of Labor in each solicitation and the
20 award of a contract shall be conditioned upon the acceptance of
21 the wage determination. Subrecipient shall report all suspected
22 or reported violations to City.
23 10. Aooroval of Citv of any Charaes: Use of Proqram
24 Income. City reserves the right to require Subrecipient to
25 obtain the prior written approval of City of any charges or fees
26 to be charged by Subrecipient for services provided under this
27 agreement, and of any rules and regulations governing the
28 provision of services hereunder. Program income represents
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1 gross income earned by the Subrecipient from the federally
2 supported activities. Such earnings exclude interest earned on
3 advances and may include, but will not be limited to, income
4 from service fees, sale of commodities, usage and rental fees.
5 These funds shall be used first for eligible program activities,
6 before requests for reimbursement, or shall be remitted to the
7 City. Subrecipient shall remit all unspent program income to
8 the city within thirty (30) days subsequent to the end of the
9 program year (June 30, 1988). Interest earned on funds advanced
10 under the agreement shall be paid to the City.
11 11. Temporarv WithholdinQ. The Director of the Community
12 Development of the City of San Bernardino is authorized to
13 temporarily withhold the payment of funds to Subrecipients when
14 the Director determines that any violation of this agreement has
15 occurred. Funds shall be withheld until the violation is
16 corrected to the satisfaction of the Director. Subrecipient
17 shall have the right to appeal the decision of the Director to
18 the Mayor and Common Council. The sole grounds for such appeal
19 shall be that no violation of the agreement has occurred.
20 Subrecipient shall file such appeal within fifteen (15) days
21 after such first withholding. The Mayor and Common council
22 shall set a date for the hearing of such appeal which is within
23 thirty (30) days following the date of filing.
24 12. Records Retention. Financial records, supporting
25 documents, statistical records, and all other records pertaining
26 to the use of the funds provided under this agreement shall be
27 retained by Subrecipient for a period of three (3) years, at a
28 minimum, and in the event of litigation, claim or audit, the
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records shall be
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retained
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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. Propertv 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,
12 excluding movable machinery and equipment. Non-expendable
13 personal property and real property purchased with or improved
14 by funds provided under this agreement shall be subject to the
15 property management standards specified in Attachment "N" of
16 Office of Management and Budget Circular No. A-l02, .Property
17 Management Standards".
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terminate this agreement and any and all grants and future
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payments under this agreement in whole or in part at any time
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conditions of this ag.reement.
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Mayor and Cornmon Council at the time at which the Mayor and
14.
Termination for Cause.
City reserves the right to
before the date of completion of this agreement whenever City
determines that the Subrecipient has failed to comply with the
In the event City seeks to
terminate this agreement for cause, City shall promptly notify
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
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Common Council are to consider such recommended termination, and
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2 shall be given a reasonable opportunity to show cause why, if
3 any exists, the agreement should not be terminated for cause.
4 Upon determination by the Mayor and Common Council that the
5 contract should be terminated for cause, notice thereof,
6 including reasons for the determination, shall promptly be
7 mailed to the Subrecipient, together with information as to the
8 effective date of the termination. Such notice may be given
9 orally at that hearing. The determination of the Mayor and
10 Common Council as to cause shall be final.
11 15. Termination for Convenience. City or Subrecipient may
12 terminate this agreement in whole or in part provided both
13 parties agree that the continuation of the project would not
14 produce beneficial results commensurate with further expenditure
15 of funds. In such event, the parties shall agree upon the
16 termination conditions, including the effective date and, in the
17 case of partial terminations, the portion to be terminated. The
18 Subrecipient shall not incur new obligations for the terminated
19 portion after the effective date and shall cancel as many
20 outstanding obligations as possible. City shall allow
21 Subrecipient full credit for the City's share of the non
22 cancellable obligations properly incurred by the Sub recipient
23 prior to termination.
24 16. Hold Harmless. Subrecipient agrees to indemnify and
25 save harmless the City and its employees and agents from all
26 liabilities and charges, expenses (including counsel fees),
27 sui~s or losses, however occurring, or damages, arising or
28 growing out of the use of or receipt of funds paid under this
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agreement and all operations under this agreement. Payments
1 under this agreement are made with the understanding that the
2 City is not involved in the performance of services or other
3 activities of the Subrecipient. Subrecipient and its employees
4 and agents are independent contractors and not employees or
In the event of any termination, subrecipient
5 agents of City.
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shall forthwith provide to the Community Development Department
any and all documentation needed by the Community Development
8 Department to establish a full record of all monies received by
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sub recipient 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
12 the part of either party to enforce any provision of this
13 agreement shall not be construed as a waiver of the right to
14 compel enforcement of any provision or provisions.
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16 Sub recipient without the prior written consent of City.
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18.
Assianment.
This agreement shall not be assigned by
19.
Notices.
All notices herein required shall be in
writing and delivered in person or sent certified mail, postage
19 prepaid, addressed as follows:
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As to City:
As to Subrecipient:
Young Women's Christian Association
of San Bernardino
567 North Sierra Way
San Bernardino, CA 92410
Director
Community Development Dept.
City of San Bernardino
City Hall, Fifth Floor
300 North "0" Street
San Bernardino, Calif. 92418
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26 20. Evidence of Authoritv. Subrecipient shall provide to
27 City evidence in the form of a certified copy of minutes of the
28 governing body of Subrecipient, or other adequate proof, that
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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.
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5 agreement on the day and year first hereinabove written.
IN WITNESS WHEREOF, the parties hereto have executed this
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7 ATTEST:
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CITY OF SAN BERNARDINO
City Clerk
BY:
Mayor, of the City of
San Bernardino
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SUBRECIPIENT:
By:
President
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Approved as to fo~m and legal content except for Exhibits "A"
17 and ~B" {which were not Rubmitted for review}:
BY:
Secretary
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21 KJH/1b
0068
22 June, 1987
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o EXHIBIT "A"
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YWCA :)
SCOPE OF SERVICES
CDBG FUNDS WILL BE UTILIZED TO PURCHASE ELECTRICAL MATERIALS AND OTHER
CONSTRUCTION MATERIALS RELATED TO THE REFURBISHING OF THE YWCA. ALL
MATERIALS ARE USED TO PROVIDE THE IMPROVEMENTS NECESSARY TO MAKE THE
YWCA "USER READY". IT IS ESTIMATED THAT THE WORK WILL BE COMPLETED
BY SEPTEMBER I, 1987, AND BE MADE AVAILABLE FOR USE BY TEDDY BEAR TYMES
CHILD CARE, INC., AS WELL AS FOR OTHER PROGRAMS AND USERS.
EXHIBIT "A"
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EXHIBIT "B"
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PROGRAM BUDGET""";
YWCA
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THIS TAKE OFF AND QUANTITY ESTIMATE AND COSTS WERE ESTIMATED, BY: Joe Doyle
Jim Burns
Jesse Ross
9
9
18
4
17
7
6
8
4000'
2000'
2000'
30,000
180
180
300'
55
55
24
24
400
100
200
75
50
20
300
500
500
116
ea A72
ea B72
ea B144
ea D144
ea F150
ea GI08
H300
Litbonia GS240FMA125-120ES or equals
Lithonia 2GS240-FMA125-120ES
Lithonia 2GS440-FM-A12-125-120ES
Lithonia AW240-A-120-ES
EJS 7983-31
Lite Control W-AID66N14RS/24RS ABCWN
MARCO D503151
Keyless
Is" EMT
3/4" EMT
1" EMT
112 TW wire THHN
4/s Boxes SPL
Plasterings Is
U THHN wire
Duplex Recepticles
n n plates
51.10 ea
51.10 ea
55.83 ea
49.65 ea
79.83 ea
295.00 ea
45.00 ea
1. 31 ea
21. 00 c
30.78 c
46.75 c
43.47 M
1.18 ea
.87 ea
756.00M
4.80 ea
.56
4.50 ea
.56 ea
.31 ea
.37 ea
.42 ea
.51 ea
.71 ea
.85 ea
8.75 c
4.72 c
6.32 c
1. 40 ea
SP Switches
"
"
plates
Is" EMT Conns
"
"
coups
3/4" EMT Conns
n n coups
1" EM conns
" "coups
Straps - 1 hole
Y Scotch Locks
R" "
40 watt lalllPS
INC lamps
T Bar Ceil Ntrs
Elect Mtls
Drywall
Masonry
Floor tile
Plastering Mtls
A/C v.v.t.
Painting Paint
Rooting
Kitcben Cabs
Doors
Kitchen Equip
Concrete
REBAR
Plumbing
Estimated total
459.90
459.90
1005.30
198.60
1357.11
2095.00
270.00
10.48
840.00
615.00
935.00
1312.20
212.40
156.60
226.80
264.00
30.80
108.00
30,80
124.00
37.00
84.00
38.25
35.50
17.00
26.25
23.60
31.60
162.40
134.00
2295.00
11301. 49
2600.00
4300.00
1800.00
600.00
1400.00
1200.00
1400.00
1250.00
2150.00
3650.00
950.00
500.00
12500.00
$59197.98
NOTE: Total of items on list exceed the $30,000. allocated in CDBG funds.
It may be that a portion of the items listed may be donated and result
in zerQ cost. In either instance CDBG funds will be expended to make
purchases of the items contained on this list, not to exceed $30,000.
EXHIBIT "B"
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YOUNG WOMEN'S
CHRISTIAN ASSOCIATION
567 NORTH SIERRA WAY. SAN BERNARDINO,CALlFORNIA 92410 . TELEPHONE (714) 889-9536
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'\I JUN 3 -1987 Iff II,
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June 2, 1987
City of San Bernardino
Kenneth J. Henderson
Director of Community Dev.
300 N. "D" Street
San Bernardino, CA 92418-0421
Dear Mr. Henderson:
In view of our conversation with Ms. Dicky this morning and her
understanding of the urgency of removing the asbestos, we are now
planning to procure the removal services as soon as possible and pay
for the contract with funds provided by the San Bernardino County
General Fund Grant.
The $30,000 grant being provided by the City of San Bernardino,
with your concurrence, will be used to purchase only materials
(see attached list and estimate).
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Upon completion of removal of the asbestos, a copy of the removal
certification, paid bills, and any other documents required by the
city, will be forwarded to your office.
It is our understanding from Ms. Dicky that this proposal adjustment
will in no way jeopardize the grant.
Thank you for your consideration of this matter.
Sincerely,
~II, ~.....
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Mary H, Hartman, President
YWCA Board of Directors
MHH/ga
Enclosure
An AUW Agel'lcV Serving
The 5an Bernardino Area
Since 1913
1408 RIVERSIDE AVENUE . RIAL TO,CALlFORNIA 92376