HomeMy WebLinkAboutR16-Redevelopment Agency
R
AGENCY,,~ST FOR Ol"ISSION/COUNClL A~ION
Glenda Saul
Subject:
Approval of Agreement Between the
City of San Bernardino, County of
San Bernardino, and Sturges Center
for the Arts
From:
Ct:
Redevelopment Agency
Date: November 26, 1985
Synopsis of Previous Commission/Council action:
On June 17, 1985, the Mayor and Common Council approved an increase of $50,000 to
Goodwill Industries by the County and a decrease of $50,000 to Goodwill by the
City and to use the City's $50,000 to assist in the historical preservation of
Sturges Center for the Arts.
Recommended motion:
(MAYOR AND COMMON COUNCIL)
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Resolution of the City of San Bernardino authorizing the execution of an
agreement with the City of San Bernardino, the County of San Bernardino and
Sturges Center for the Arts, Inc.
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Signature
Contact person: Gl enda Saul/Ken Henderson
Supporting data attached: Staff Report
FUNDING REQUIREMENTS: Amount: $ 150,000
Phone: 383-5081
Ward: 1
Project: CCN
Date: Dl'cl'mber 2. 1985
No adverse Impact on City:
CnCiI Notes:
Agenda Item No. 12 'l ~
CIC OF SAN BERNARDOo - REQUOT FOR COUNCIL AC~ON
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STAFF REPORT
Sturges Auditorium was built in 1927 and is currently owned by the Sturges
Foundation, a community based non-profit organization formed solely for the
purpose of renovating and refurbishing the building for use as a cultural
center for the performing arts. Staff has determined that the rehabilitation
project may be funded for the purpose of historical preservation.
The County of San Bernardino, through its Department of Housing and Community
Development, has indicated a desire to participate in the rehabilitation of
Sturges Center for the Arts. However, in view of the fact this project and a
aignificant portion of the anticipated benefits will be within the corporate
boundaries of the City, the County is precluded by HUD from directly funding
this project. As such, the City and County executed the Goodwill transfer to
allow the City to fund the project ($50,000), and the County has taken a
separate funding action in an amount not to exceed $100,000.
Adoption of the resolution by the Mayor and Common Council will authorize the
Mayor to execute the agreement among the City of San Bernardino, County of San
Bernardino and Sturges Center for the Arts in an amount not to exceed $150,000.
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RESOLUTION NO.
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RESOLUTION OF THE cny OF SAN BEIUWlDINO AUTHORIZING THE EXECUTION OF
3 AN AGREEMENT WITH THE cny OF SAN BEIUWlDINO, THE COUNTY OF SAN BERNARDINO AND
STURGES CENT.I!'R FOR THE ARTS, INCORPORATED.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
5 BElUlRDINO AS FOu.ows:
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SECTION 1. Recitals. The City of San Bernardino has appropriated
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$50,000 of its FY 1985/1986 Community Development Block Grant funding, and the
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San Bernardino County Board of Supervisors has committed $100,000 of the
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County's FY 1985/1986 Community Development Block Grant funding,. to provide
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for the renovation and refurbishing of Sturges Auditorium owned by Sturges
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Center for the Arts, Incorporated, a community based non-profit organization
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formed soley for this purpose. The City of San Bernardino has agreed to act
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as lead agent in this matter, and to review all advances to and documention of
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funds expended
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the County
16 reimbursed.
by the Sturges Center for the Arts, Incorporated, and to bill
San Bernardino for its proportionate share of expenses, as
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SECTION 2. Implementation. The Mayor of the City of San Bernrdino is
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hereby authorized and directed to execute on behalf of the City of San
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Bernardino that certain agreement among the City of San Bernardino, the County
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of San Bernardino and the Sturges Center for the Arts, Incorporated, a copy of
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which agreement is annexed hereto as Exhibit "1" and incorporated herein by
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reference as though fully set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
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Mayor and Common Council of the City of San Bernardino at a
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meeting thereof, held on the
day of
, 1985, by the
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following vote, to wit:
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9 of
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AYES:
NAYES:
ABSENT:
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COUNCIL MEMBERS
City Clerk
The foregoing resolution is hereby approved this
Approved as to form:
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City Attorney
dasy
, 1985.
Mayor, City of San Bernardino
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THIS AGREEMENT is entered into effective as of July 1, 1985, at San
5 Bernardino, California, between the CITY OF SAN BERNARDINO, a municipal
6 corporation, referred to as "City", and Sturges Center for the Arts,
7 Incorporated, a nonprofit community service organization, referred to as
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"Subrecipient".
City and Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has requested financial assistance from City for
12 fiscal years 1985/1986 from funds available through a community development
13 block grant from the United States of America to City and County for the
C 14 purpose of the historical preservation, renovation and reburishing of Sturges
15 Auditorium for use as a cultural center for the performing arts.
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(b) City has allocated $50,000 of its 1985/86 Community Development
17 Block Grant funds and, County has allocated $100,000 from its 1985/1986
18 Community Development Block Grant funds for this purpose.
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(c) Subrecipient represents that the expenditures authorized by
20 this agreement are for valid community development purposes, in accordance
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with federal law and regulations and that all funds granted under this
agreement will be used for no purpose other than those purposes specifically
23 authorized. The specific purposes and scope of services of this particular
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grant are set forth in Exhibit "A", attached hereto and incorporated into this
25 Agreement as fully as though set forth herein.
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2. Pa:v-ents. City shall reimburse Subrecipient for allowable costs
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incurred under the scope of this Agreement and applicable Federal regulations,
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which have not been paid for or reimbursed in any other manner or by any other
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Agency. Reimbursement will be made at least on a on a progressive basis
2 contingent upon the written approval of the Executive Director of the
3 Redevelopment Agency. The total of all such reimbursements not to exceed
4 $150,000.
5 3. Term. This Agreement shall commence July 1, 1985, and terminate
6 June 30, 1986.
7 4. Use of Funds; Budget; Travel Limitation. The funds paid to
8 Subrecipient shall be used by it solely for the purposes set forth in
9 Paragraph l(b) of this Agreement, and in accordance with the program budget
10 submitted by Subrecipient to the Redevelopment Agency of the City of San
11 Bernardino, a copy of which is attached to this Agreement as Exhibit "B".
12 This budget shall list all sources of funding for the program covered by this
13 Agreement, whether from State, Federal, local or private sources, and shall
14 identify which sources are paying for which specific portions of the program,
15 by line-item, to the extent practicable. No travel expenses for out-of-state
16 travel shall be included in this program unless specifically listed in the
17 budget as submitted and approved, and all travel expenses to be funded from
18 funds provided hereunder shall be specifically identified as travel expense,
19 which shall be negotiated between Agency and Subrecipient in the budget. Any
20 travel expenses incurred by Subrecipient above the budgeted amount or for
21 out-of-town travel shall not be eligible for reimbursement unless the prior
22 written approval of the Executive Director of the Redevelopment Agency of the
23 City of San Bernardino, or his or her designee, has been obtained. Funds
24 shall be used for purposes authorized by the Community Development Block Grant
25 program only, and no portion of the funds granted hereby shall be used for any
26 purpose not specifically authorized by this agreement. Only net payroll shall
27 be periodically reimbursed by City as an allowable cost. Any amounts withheld
28 by Subrecipient from an employee's pay for taxes, social security, or other
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1 withholding and not immediately paid over to another entity, shall not be
2 included as wages or expenses eligible for reimbursement as an allowable cost
3 until such time as the withheld taxes, social security, or other withholdings
4 are actually paid over to the entity entitled to such payment. Upon such
5 payment and the submission of evidence of such payment to the Redevelopment
6 Agency, such expenses shall be regarded as allowable cost, and City shall
7 reimburse Subrecipient for such obligation. A variation in the itemization of
8 costs, as set forth in the proposed budget submitted to City, not to exceed
9 10% as to any particular line item, shall be allowed, provided the prior
10 written approval of the Executive Director of the Redevelopment Agency of the
11 City of San Bernardino is obtained, it being understood that the total amount
12 of the grant shall not be varied thereby. At the end of the term, all
13 unexpended funds shall be returned to the City by Subrecipient. The parties
14 intend that grant funds be utilized within the time period covered by this
15 Agreement, and any funds not used shall revert to the City. No reserve for
16 the future shall be established with the funds except as may be authorized to
17 meet commitments made for services provided during the period of this
18 Agreement, but not yet paid for at the conclusion of this Agreement.
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5. Accounting. Prior to the final payment under this Agreement, and
20 at such other times as may be requested by the Executive Director of the
21 Redevelopment Agency of the City of San Bernardino, Subrecipient shall submit
22 to the Executive Director an accounting of the proposed and actual
23 expenditures of all revenues accruing to the organization for the fiscal year
24 ending June 30, 1986. Financial records shall be maintained by Subrecipient
25 in accordance with generally accepted accounting principles, in a manner which
26 permits City to trace the expenditures of funds to source documentation. All
27 books and records of Subrecipient are to be kept open for inspection at any
28 time during the business day by the City, its officers or agents, and by any
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1 representative of the United States of America authorized to audit Community
2 Development Block Grant programs. Standards for financial management systems
3 and financial reporting requirements established by Attachment "F" and
4 Attachment "G" of Office of Management and Budget Circular No. A-110 shall be
5 fully complied with by Subrecipient. Subrecipient acknowledges that the funds
6 provided are federal funds. Subrecipient's financial management system shall
7 provide for accurate, current and complete disclosure of the financial results
8 of each program sponsored by this Agreement. It is the responsibility of
9 Subrec1pient to adequately safeguard all assets of the program, and
10 Subrecipient shall assure that they are used solely for authorized purposes.
11 6. Services Available to Residents; Monitoring and Reporting Program
12 Performance. The services of Subrecipient shall be made available to
13 residents and inhabitants of the City of San Bernardino unless otherwise noted
14 in Exhibit "A". No person shall be denied service because of race, color,
15 national origin, creed, sex, marital status, or physical handicapp.
16 Subrecipient shall comply with Affirmative Action guidelines in its employment
17 practices. Subrecipient shall also monitor the program's activities and
18 submit written reports quarterly, or more often if requested, to the Executive
19 Director of the Redevelopment Agency of the City of San Bernardino, in
20 accordance with Attachment "H", Office of Management and Budget Circular No.
21 A-llO. Failure to provide such quarterly performance reports may prevent the
22 processing by City of Subrecipient's requests for reimbursement, and may
23 justify temporary withholding as provided for in Paragraph 11 hereof.
24 7. Procurement Practices. Subrec1pient shall comply with
25 procurement procedures and guidelines established by Attachment "0" to Office
26 of Management and Budget Circular No. A-102, "Procurement Standards". In
27 addition to the specific requirements of Attachment "0" to Circular No. A-102,
281 Subrecipient shall maintain a code or standards of conduct which shall govern
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1 the performance of its officers, employees or agents in contracting with and
2 expending the Federal grant funds made available to Subrecipient under this
3 Agreement. Subrecipient's officers, employees or agents shall neither solicit
4 nor accept gratuities, favors, or anything of monetary value from contractors
5 or potential contractors. To the extent permissible by State law, rules, and
6 regulations, the standards adopted by Subrecipient shall provide for
7 penalties, sanctions or other disciplinary actions to be applied for
8 violations of such standards by either the Subrecipient's officers, employees
9 or agents, or by contractors or their agents. Subrecipient shall provide a
10 copy of the code or standards adopted to City forthwith. All procurement
11 transactions without regard to dollar value shall be conducted in a manner so
12 as to provide maximum open and free competition. The Subrecipient shall be
13 alert to organizational conflicts of interest or non-competitive practices
14 among contractors which may restrict or eliminate competition or otherwise
15 restrain trade. Subrecipient agrees to adhere to the procurement rules
16 specified in Office of Management and Budget Circular No. A-102 Attachment "0"
17 in its expenditure of all funds received under this Agreement.
18 8. Anti-Kick Back Provisiona; Equal EIIlp1o~t Opportunity. All
19 contract for construction or repair using funds provided under this Agreement
20 shall include a provision for compliance with the Copeland "Anti-Kick Back"
21 Act (18.D.S.C. 874) as supplemented in Department of Labor Regulations (29
22 CFR, Part 3). This act provides that each contractor or subgrantee shall be
23 prohibited from inducing, by any means, any person employed in the
24 construction, completion or repair of public work, to give up any part of the
25 compensation to which he is otherwise entitled. Subrecipient shall report all
26 suspected or reported violations to City. All contracts in excess of
27 $10,000.00 entered into by Subrecipient using funds provided under this
28 Agreement shall contain a provision requiring compliance with Equal Employment
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Opportunity provisions established by Executive Order #11246 as amended.
9.
Pre_fling Wage Ileq1dreaent.
Any construction contracts awarded
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3 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
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5 (40.U.S.C. 276a to
6 Regulations (29CFR).
276a-7)
and
by
supplemented
Department
of
Labor
as
Under this act, contractors shall be required to pay
7 wages to laborers and mechanics at a rate not less than the minimum wages
8 specified in a wage determination made by the Secretary of Labor. In
9 addition, contractors shall be required to pay wages not less often than once
10 a week. Subrecipient shall place a copy of the current prevailing wage
11 determination issued by the Department of Labor in each solicitation and the
12 award of a contract shall be conditioned upon the acceptance of the wage
13 determination. Subrecipient shall report all suspected or reported violations
14 to City.
]5 10. Approval of City of any Charges; Use of Program Income. City
]6 reserves the right to require Subrecipient to obtain the prior written
17 approval of City of any charges or fees to be charged by Subrecipient for
]8 services provided under this Agreement, and of any rules and regulations
]9 governing the provision of services hereunder. Program income represents
20 gross income earned by the Subrecipient from the Federally supported
2] activities. Such earnings exclude interest earned on advances and may
22 include, but will not be limited to, income from service fees, sale of
23 commodities, usage and rental fees. These funds shall be used first for
24 eligible program activities, before requests for reimbursement, or shall be
25 remitted to the City. Subrecipient shall remit all unspent program income to
26 the City within thirty (30) days subsequent to the end of the program year
27 (June 30, 1986). Interest earned on funds advanced under the Agreement shall
28 be paid to the City.
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11. Temporary
Withholding.
The Executive
Director of
the
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2 Redevelopment Agency
of the City
of San Bernardino
is authorized
to
3 temporarily withhold the payment of funds to Subrecipient when the Executive
4 Director determines that any violation of this Agreement has occurred. Funds
5 shall be withheld until the violation is corrected to the satisfaction of the
6 Executive Director or of the Mayor and Common Council. Subrecipient shall
7 have the right to be heard by the Mayor and Common Council if Subrecipient
8 maintains no violation of the Agreement has occurred, which hearing shall be
9 held within 45 days after the funds have first been withheld, provided
10 Subrecipient requests such hearing within 15 days after such first withholding.
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12. Records Retention.
Financial records, supporting documents,
12 statistical records, and all other records pertaining to the use of the funds
13 provided under this Agreement shall be retained by Subrecipient for a period
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14 of three (3) years, at a minimum, and in the event of litigation, claim or
15 audit, the records shall be retained until all litigation, claims, and audit
16 findings involving the records, have been fully resolved.
Records for
17 non-expendable property acquired with federal funds provided under this
18 Agreement shall be retained for three (3) years after the final disposition of
19 such property.
20 13. Property Management Standards. Non-expendable personal property,
21 for the purposes of this Agreement, is defined as tangible personal property,
22 purchased in whole or in part with Federal funds, which has useful life of
23 more than one (1) year and an acquisition cost of three hundred dollars
24 ,($300.00) or more per unit.
Real property means land, including land
25 improvements, structures and appurtenances thereto, excluding movable
26 machinery and equipment. Non-expendable personal property and real property
C 27 purchased with or improved by funds provided under this Agreement shall be
28 subject to the property management standards specified in Attachment "N" of
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] Office of Management and Budget Circular No. A-102, "Property Management
2 Standards".
3 14. Termination for Cause. City reserves the right to terminate this
4 Agreement and any and all grants and future payments under this Agreement in
5 whole or in part at any time before the date of completion of this Agreement
6 whenever City determines that the Subrec1pient has failed to comply with the
i conditions of this Agreement. In the event City seeks to terminate this
8 Agreement for cause, City shall promptly notify the Subrecipient in writing of
9 the proposed termination and the reasons therefore, together with the proposed
]0 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
]2 are to consider such recommended termination, and shall be given a reasonable
]3 opportunity to show cause why, if any exists, the Agreement should not be
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]4 terminated for cause. Upon determination by this Mayor and Common Council
15 that the contract should be terminated for cause, notice thereof, including
16 reasons for the determination, shall promptly be given to Subrecipient,
1 i together with information as to the effective date of the termination. The
]8 determination of the Mayor and Common Council as to cause shall be final.
19 15. Termination for Convenience. City or Subrecipient may terminate
20 this Agreement in whole or in part provided both parties agree that the
21 continuation of the project would not produce beneficial results commensurate
22 with further expenditure of funds. In such event, the parties shall agree
23 upon the termination conditions, including the effective date and, in the case
24 of partial terminations, the portion to be terminated. The Subrecipient shall
25 not incur new obligations for the terminated portion after the effective date
26 and shall cancel as many outstanding obligations as possible. City shall
C 27 allow Subrecipient full credit for the City's share of the non-cancellable
28 obligations properly incurred by the Subrecipient prior to termination.
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16. Hold Haraless.
Subrecipient agrees to indemnify and save
2 harmless the City and its employees and agents from all liabilities and
3 charges, expenses (including counsel fees) , suits or losses, however
4 occurring, or damages, arising or growing out of the use of or receipt of
5 funds paid under this Agreement and all operations under this Agreement.
6 Payments under this Agreement are made with the understanding that the City is
7 not involved in the performance of services or other activities of
8 Subrecipient.
Subrecipient and its employees and agents are independent
9 contractors and not employees or agents of City.
10 17. Aaendment. TIlls Agreement may be amended or modified only by
I] written agreement signed by both parties, and failure on the part of either
12 party to enforce any provision of this Agreement shall not be construed as a
13 waiver of the right to compel enforcement of any provision or provisions.
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18. AssignJleD.t. This Agreement shall not be assigned by Subrec1pient
15 without the prior written consent of City.
]6 19. Notices. All notices herein required shall be in writing and
]7 delivered in person or sent by certified mail, postage prepaid, addressed as
18 follows:
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As to City:
As to Subrecipient:
Executive Director,
Redevelopment Agency of the
City of San Bernardino
City Hall, Third Floor Rm. 320
300 North "D" Street
San Bernardino, Calif. 92418
Sturges Center for the
Arts
San Bernardino, CA
92411
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20. Eridence of Authority.
Subrec1pient shall provide to City
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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 Subrec1pient, that the person(s)
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1 executing it are authorized to act on behalf of Subrecipient, and that this
c::: 2 Agreement ia a binding obligation on Subrecipient.
3 Ilf WI'DfESS WHEREOF, the parties hereto have executed this Agreement
4 on the day and year first hereinabove written.
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6 ATTEST:
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City Clerk
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Approved as to legal form:
City Attorney
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CITY OF SAN BERNAJU>IlfO:
BY:
Mayor
SllBRECIPIENT:
BY:
President
BY:
Secretary