HomeMy WebLinkAboutContracts & Agreements_27-1979_CCv0001.pdf COMMITY DEMOPMENT BLOCK ,GRANIP
CITY-COUNTY AGREEMENT
2 For Fiscal Years 1979-80, 1980-81, 1981-82
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6 This agreement is made and entered into this day of 1979,
to as "COUNTY",
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8 by and between the the COUNTY OF SAN BERNARDINO hereinafter referre
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io and the CITY OF REDLANDS a municipal corporation and a political subdivision of the
11 State of California and located within the boundaries of San Bernardino County,
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13 hereinafter referred to as "CITY".
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,is
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18 WITNESSETH
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21 WHEREAS, the COUNTY has been designated an "urban County" by the United States
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24 Department of Housing and Urban Development, (hereinafter referred to as "HUD") , as
25 that term is defined in Title I of the Housing and Community Development Act of
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27 1977, and accordingly, COUNTY has developed a community development plan and program
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29 which is set forth in COUNTY's application for federal assistance under the Housing
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31 and Community Development Act of 1977; and,
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35 WMREAS, the COUNTY desires to use the area and the population in the CITY in
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37 the base which Federal Department of Housing and Urban Development uses to determine
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39 the level of funding to COUNTY's housing and community development program; and,
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43 WHEREAS, the CITY though eligible to apply for discretionary and/or hold
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45 harmless grants from the United States Department of Housing and Urban Development,
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47 elects not to apply for community development grant funds during program years
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49 1980-81 and 1981-82, pursuant to the provisions of Section 570.402 of Regulations;
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51 and,
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2 WHEREAS, the CITY is willing and desires that its incorporated area and popu-
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4 lation be included in the base used by IM to determine funding levels to the COUNTY
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6 for the execution of COUNTY's Community Development Program, and accordingly, to
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8 cooperate with COUNTY in the execution of CO Y's community development plan and
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10 program within corporate boundaries of CITY during program years 1980-81 and
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12 1981-82, commencing upon the approval of COUNTY's fiscal year 1979-80 grant
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14 application; and,
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18 WHEREAS, both COUNTY and CITY seek to coordinate their efforts to maximize
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20 utilization of personnel and resources and increase efficiency and economies in the
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22 planning and administration of the program hereinafter set forth;
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25 NOW, THEREFORE, IT IS UNDERSTOOD AND AGREED by and between the parties hereto
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27 as follows:
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32 1. This agreement is made pursuant to the provisions of Article 1, Chapter 5,
33 Division 7, Title 1 of the Government Code of the State of California (commencing
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36 with Section 6500), relating to public agencies. The purpose of this agreement is
37 to undertake those essential community development and housing assistance activities
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39 under the Act which have been approved by HUD, for the CITY of REDLANDS specifically
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41 theproject or projects described in Attachement "A" hereto. The purpose will be
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43 accomplished in accordance with the requirements of the Act, its Regulations and
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45 other Federal, State and County laws and policies in the manner hereinafter set
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47 forth.
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51 This agreement is further entered into pursuant to the provision of Section 8
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53 of the "Cooperation Agreement for Community Development Basic Grant Funds," exe-
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55 cuted by these parties, dated
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2 to said Cooperation Agreement, which remains in full force and effect.
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6 2. The term of this agreement shall become effective on the date mentioned
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8 above and shall continue in full force and effect during the program years (July 1,
9 1979 through June 30, 1982) covered by COUNTY's fiscal year 1979-80 Community
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12 Development Block Grant (hereinafter CDBG) Application and until conclusion of the
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14 program or programs included in the COUNTY' s fiscalApplication..year 1979-80 CDBG
15 consistent with the Federal law and Regulations and the terms and conditions of any
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17 grant made in reliance hereon. CITY hereby allocates the population its juris-
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19 diction to the COUNTY for the purposes of its 1979-80, 1980-81 & 1981-82 Application
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21 and/or for the duration of the contract for the purpose of applying for funds under
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23 the Housing and Community Development Act of 1977, and COUNTY and CITY recognize
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25 that COUNTY is the applicant and has full responsibility under the ACT.
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29 The term of this agreement shall extend for a period of three (3) years, from
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31 July 1, 1979 up to and including June 30,1982. The agreement shall automatically be
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33 extended through the subsequent program years with the mutual execution and ac-
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35 ceptance by the CITY and the COUNTY and the Grantor (HUD Los Angeles) of the
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37 Cooperation Agreement.
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41 3. CITY hereby adopts and agrees to comply with the CO 's Community Plans
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43 and Citzen Participation Plans for 197982. The COUNTY, as the grantee, and the
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45 cooperating cities agree herein to share as equal partners, the responsibility to
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47 comply with and/or to implement the assurances segment (Attachment "C") of the
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49 Community Development Block Grant Application including the administration and
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51 implementation of the Housing Assistance Plan, Housing Opportunities Plan and all
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53 associated housing activities, The CITY shall also adopt an appropriate resolution,
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2 consistent with Section 342-09,,,.California Health and Safety Code to allow without
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4 reservation, restitution, etc. , the Section 8 program of Title IT of the Housing and
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6 Community Development Act of 1977, to operate within the CITY.
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10 4. The Office of Community Development (OCD) as the COUNTY entity which has
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12 the responsibility for administeringthe COUNTY's Federal Community Development
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14 Block Grant contract, which is the source of funding for the projects listed in
15 Attachment "A", is responsible for assuring that projects undertaken by CITY under
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18 this agreement comply with all Federal Regulations including, but not limited to,
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2 0 regulations pertaining to site selection, land acquisition, relocation, contracting
21 procedures, etc. Therefore approval by OCD of all contracts entered into for the
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23 purpose of implementing this agreement is a condition precedent to payment under
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25 this agreement. The CITY agrees to submit all contracts to be entered into for the
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27 purpose of implementing this agreement to OCD for approval in advance of contracting
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29 unless the CITY obtains from OCD a written waiver of the conditions of approval as
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31 to each contract.
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35 5. The total CITY project(s) budget shall be received by COUNTY under this
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37 Act and shall be deposited in a specified fund in the COUNTY's Treasury with an
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39 appropriate separate account provided for each CITY by Project Case Number. OCD
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41 will disburse the funds to CITY on cost reimbursement or on a prior agreed to ad-
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43 vance payment procedure. Billing shall be accompanied by all pertinent source
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45 documentation to be presented to OCD by CITY on or about the first day of each
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47 month, allowing 15 days for payment on the part of the Office of Community
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49 Development. The COMM shall be entitled to retain from such funds such amount as
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52 IS calculated as the direct costs (including, but not limited to, salaries,
53 benefits, mileage, actual cost of materials, meals and other authorized expenses
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2 allowable under the Travel Code Section 13.0638 County of San Bernardino) incurred
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4 by COUNTY in implementing within the CITY's jurisdiction, any projects described in
Attachment "A".
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6. COUNTY and CITY recognize that COUNTY, as the formal grantee of the CDBG,
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12 has full responsibility and obligations to HUD for undertaking the CDBG Program and
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14 full authority in administering and allocating funds and that CITY will have no
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16 direct responsibilities or obligations to HUD under this agreement. The County
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18 shall assume the total responsibility for the removal of any Grant conditions im-
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20 posed by the Grantor. In particular, projects conditioned pending satisfactory
21 completion of the National Environmental Policy Act (NEPA) procedures are the
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23 responsibility of the County until formal notification by the Grantor of the removal
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25 of conditions.
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29 The City shall, however, be bound to implement any specific mitigation measures
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31 utilized to achieve the removal of conditions and full compliance with NEPA re-
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34 gulations.
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37 In no instance will the City incur costs to be charged to any project prior to
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39 notification by the COUNTY of formal removal of conditions (release of funds) .
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43 The City shall assume the total responsibility for fall compliance with the
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45 requirements of the California Environmental Quality Act.
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49 As concerns rights and responsibilities of COUNITY and CITY as to each other
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51 under this agreement, however, CITY shall have the right to elect to be responsible
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53 for carrying out all projects required by the Program or programs under this agree-
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55 roent. However, in implementing said projects, CITY must perform all services a4d
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2 activities in accordance with Federal and State statutory requirements and with the
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4 policy and procedures established by the Board of Supervisors and shall specifically
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6 conform to the following terms and conditions:
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10 A. Upon COUNTY and CITY's mutual assent to this contract, CITY will designate
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12 a "Contract Administrator" by filling in the name of said person in the
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14 space provided below. The "Contractor Administrator" will function as the
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16 primary contact with the COUNTY and will be responsible for informing the
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18 CITY staff and administration as appropriate. The CITY may by written
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20 notification, change the Contract Administrator.
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24 The CITY's Contract Administrator for this agreement is Wilmar C.
25 Schindler, TITLE: Community Development Director
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30 B. For purposes of this Agreement, City shall also designate a fiscal contact
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32 person by filling in the space provided below. The fiscal contact person
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34 shall be responsible for billing, and fiscal procedures for the CDBG
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36 Program and will serve as the primary contact for technical fiscal
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38 matters. CITY shall maintain complete separate fiscal accounts as to
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40 funds which come under its control or deposition pursuant to this agree-
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42 meat in such manner as to permit the reports required by COUNTY to be
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44 prepared therefrom and to permit the tracing of funds to their final
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46 expenditure. CITY will submit to CCD complete and detailed project
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48 descriptions, budgets, and expenses for each project that CITY will be
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50 implementing with CDBG funds along with monthly reports of grant
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52 expenditures. The City may by written notification change the fiscal
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54 contact person.
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2 The CITY's Fiscal Contact person for this agreement is Linda Kirwan
3 TITLE: Asst. Finance Director
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7 C. The CITY may, with the written concurrance of the COUNTY, modify the
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9 funding levels of the approved projects described in Attachment "A",
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12 including the total removal of a project.
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Is Project changes which are defined as substantial so determined by the
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17 Director of the Office of Community Development, after consultation with
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19 the City, are subject to the specific requirements of the Citizen
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21 Participation Plan and the current Block Grant regulations. New
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23 activities are defined automatically as "substantial" and require at
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25 submission a Project Description, a Justification Statement and a revised
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27 budget.
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31 It is understood and agreed to herein that reprogrammed funds are subject
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33 to consideration based on the specifics of the Community Development Plan
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35 Summary and there is no assurance that the reprogrammed funds will be
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37 allocated to the cooperating CITY or the unincorporated target area from
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39 which the project change or cancellation generated the funds.
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43 The CITY shall not incur costs for unapproved projects, or incur costs in
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45 excess of the approved project funding level, prior to receipt of written
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47 confirmation authorizing the expenditure.
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51 D. The CITY is authorized by the COUNTY to contract for all necessary services
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53 for completion of projects described in Attachment "A", provided that
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2 contracts are submitted to and approved by the COUNTY Office of Community'
4 Development in advance of contracting, or a written waiver of this
condition is obtained as specified in Paragraph 4, page 3. The
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8 CITY attorney is responsible o assuring and certifying the projects
19 undertaken by those whom, it has contracted for the performance of work in
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12connection with any of the projects listed in Attachment "A" complyith
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14the following regulations
15 1. Community Development Block Grant regulations, dated June 9, 1975,
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17 and as amended.
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19 2. Federal Management Circulars 74-4 and 74-7.
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21 . Hatch Act.
23 4: Davis-Bacon n Act.
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25 5. Architectural Barriers Act of 1968.
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27 6. Uniform Relocation Assistance and Deal Property Acquisition Policies .
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29 Act of 1970.
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31 7 National Food Insurance Program.
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8. Clean Air Act.
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35 . Federal. Water Pollution Control Act.
37 1 . National Environmental Policy Act.
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39 11 Archeological ,and Historic Preservation Act of 1974.
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41 12. Cavil Rights Act.
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43 186 Implementation Policy for CDBG-funded facilities,
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45 adopted by the Board of Supervisors on May 3, 1976.
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47 14� Procedures for construction contracts.
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49 " 15. labor Standard Administration and Enforcement MM
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51 Handbook 6500.3.
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53 16. Section 3 regulations of the Horsing and Urban
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56 Develop nt Aq of 1968 (T44 24, CPQ 45)
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2 In the event that CITY's City Attorney is unable to review said con-
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4 tract(s) for compliance with the aforementioned regulations, the CITY may
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6 allow County Counsel to review such contract(s) for compliance with said
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8 federal regulations and said contract(s) shall be deemed valid and binding
9 as to the parties to the contract(s) upon certification of approval by
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11 County Counsel.
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Is E. If the CITY's 1979-1982 Project Lists involves the implementation of such
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17 capital improvements as a proposed neighborhood facility, senior center,
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19 fire station, etc. , the CITY shall adhere to the Implementation Policy for
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21 CDBG funded facilities adopted by the COUNTY Board of Supervisors on
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23 May 3,1976.
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27 F. The CITY may also enter into procurement contracts for professional
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29 Services
30 (Consultant Contracts) where necessary to complement the
31 efficient and economic administration of the program, provided that
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33 contracts are submitted to and approved by OCD in advance of contracting
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35 or written waiver of this condition is obtained, as specified in Paragraph
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37 4. The required procurement procedures are defined in Federal Management
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39 Circulars 74-4 and 74-7 Appendix 0, distributed to CITY at the July 14,
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41 1976 COUNTY-CITIES Meeting (Handbook for CABG Construction Contracts).
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43 Upon OCD/CITY Attorney's approval, the jurisdiction can proceed to
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45 negotiate to achieve final agreement, and execute a contract.
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49 G. The CITY may also enter into construction contracts for the design and/or
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51 construction of CDBG funded facilities, provided that contracts are
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53 submitted to and approved by 00 in advance of contracting, or written
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2 waiver of this condition is obtained, as specified in Paragraph 4. The
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4 CITY agrees to comply with procedures for construction contracts as set
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6 forth in the Handbook for CDBG Construction Contracts. Procedures for the
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8 CITY to follow in construction contracts are covered in the Handbook for
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10 CDBG Construction Contracts referenced above.
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14 R. 1, CITY shall be responsible for all aspects of the program or programs
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16 including, but not limited to, keeping and maintaining strict ac-
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18 countabilitv of the total project funds received and expended
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20 pursuant to this agreement whether General, CDBG funds or other
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22 funds.
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25 2. The CITY will file with the COUNTY a copy of its current Affirmative
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28 Action Plan as Attachment "B" to the executed copy of this contract.
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32 3. The CITY and the COUNTY will maintain the confidentiality of the
33 identity of individual citizen applicants and recipients of the
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35 Senior Home Repair Program and the Rehabilitation Home Loan Program.
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40 4. The CITY shall comply with the requirements of and participate in the
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42 implementation of the Citizen Participation Plan. The CITY may
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44 exercise an option to assume the responsibility for the admin-
45 istration of the Citizen Participation Program through the Council
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47 recommendation phase. The CITY may elect to delegate all or part of
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49 the plan administration to COUNTY personnel. The COUNTY shall be
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Z responsible to monitor and to document compliance with the adopted
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53 Citizen Participation Plan and the Co
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2 5. The COUNTY shall provide technical assistance in a timely and ex-
3 peditious manner upon written request to the Director of the Office
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6 of Community Development. The Director may, after consultation with
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8 the CITY, determine whether or not to forward a specific request[ to
9 the office of the Grantor; HUD Los Angeles.
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13 1. During the performance of this Contract, the CITY agrees not to dis-
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15 criminate against any contractor or applicant for employment in performing
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17 work on the projects listed in Attachment "A", because of race, color,
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19 religion, sex or national origin. The CITY further agrees to take
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21 Affirmative Action to ensure that its Contractors employ and treat all
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23 employees during employment without regard to their race, color, religion,
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25 sex or national origin. Such action shall include, but not be limited to,
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27 the following: employment, upgrading, demotion or transfer, recruitment
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29 or recruitment advertising, lay off or termination, etc. The CITY will
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31 cause contractor to comply with the provisions of Executive Order 11246 of
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33 September 24, 1965, and the rules, regulations, and relevant orders of the
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35 Secretary of Labor. CITY shall require its Contractor to post in con-
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37 spicuous places, available to employees and applicants for employment,
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39 notices setting forth the provisions of this nondiscrimination clause.
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43 J. The signatories of this agreement or their designees also agree to comply
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45 with Section 3 of the Housing and Urban Development Act of 1968, as it
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47 pertains to employment opportunities for businesses and lower income
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49 persons in connection with ffLID-assisted
5projects.
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53 K. Pursuant to Federal Management Circular 74-7 Appendix 0, no member,
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55 officer, or employee of the COUNTY or CfTY, its designfes or aggpts, ao
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2 member of the governing body of the COUNTY and no other public official
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4 who exercises any functions or responsibilities with respect to the pro-
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6 gram during his tenure or for one year thereafter, shall have any
7 interest, direct or indirect, in any contract or subcontract, or the
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9 proceeds thereof, for work to be performed in connection with the program
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12 assisted under this agreement.
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.15 L. In addition, CITY shall indemnify and hold harmless COUNTY against any
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17 liability claims, losses, demands, and actions incurred by COUNTY as a
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20 result of determination by the United States Department of Housing and
21 Urban Development that activities undertaken by CITY under the program or
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23 programs failed to comply with any laws, regulations or policies
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25 applicable thereto or that any funds forwarded to CITY under this
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27 agreement were improperly expended.
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31 M. The COUNTY, OCD, the Department of Housing and Urban Development, the
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33 Comptroller General of the United States or any of their duly authorized
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35 representatives shall have access to any books, documents papers and
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37 records of the CITY or its contractors which are directly pertinent to a
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39 specific grant program for the purpose of making an audit and/or
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41 examination of the excerpts and transcriptions.
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45 N. COUNTY shall assume no liability for the negligence of CITY or of any
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47 officer or employee thereof, and CITY shall hold COUNTY free and harmless
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49 from any loss, damage or liability that may arise out of the performance
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51 or failure to carry out said project of this agreement. Furthermore, in
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53 the event that HUD rules that the payment of any sums provided hereunder
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55 by COUNTY to CITY are not proper expenditures of Community Development
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2 funds, COUNTY shall have the right to retain such amounts from CITY's
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4 future project(s) allocations.
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8 O. The COUNTY shall retain the right to withhold funds for any program or
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10 programs carried out by the CITY or the CITY`s subcontractor if advance
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12 written notice to the CITY indicating that the COUNTY has determined in
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14 its sole discretion (which shall not, however, be unreasonably applied)
15 that the CITY has not performed its obligations as stated in this agree-
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17 ment in a satisfactory or timely manner consistent with Federal
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19 Regulations or policy. COUNTY shall notify CITY in writing of this
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21 determination, specifying the objection(s) to the CITY's performance. The
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23 CITY shall then have a maximum of 10 days in which to remedy said
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25 deficiencies. Should approval of the COUNTY not be obtained within said
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27 period, the COUNTY shall have full authority to reallocate the CITY's
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29 program funding to other eligible activities which can be implemented or
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31 to assume sole responsibility for carrying out any and/or all projects
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33 described in Attachment "A", upon written notice to the CITY. Upon such
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35 notice, the CITY agrees to cease all activity provided hereunder, as
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37 specified in said notice.
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41 P. Should the City determine that the identification of the funding source or
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43 the responsible public officials be displayed in a completed building or
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45 significant project, such identification should be acknowledged on a
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47 plaque, permanently mounted in an appropriate location, made of bronze or
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49 other appropriate material, acknowledging the funding source as the
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51 Department of Housing and Urban Development, San Bernardino County
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53 Community Development Block Grant. The current Board of Supervisors and
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55 the members of the City Council shall also be identifipd. Jp gsta4ces
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2 where multiple funding sources are utilized to construct a project, all
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4 funding sources shall be identified.
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8 The listing order of multiple funding sources identified on the plaque
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0 shall be the largest dollar grant first, the second largest dollar grant
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12 second, etc.
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16 Q. The COUNTY shall indemnify, hold harmless and defend the CITY, its
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18 officers, agents and employees against all liability, claims, losses,
19 demands and actions for injury to or death of persons or damage to
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21 property arising out or in consequence of this agreement, provided such
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23 liability, claims, demands, losses or actions are claimed to be due to the
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25 acts or omissions of the COUNTY, its officers, agents or employees in the
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27 performance of this agreement, including any activities conducted by the
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29 COUNTY under the terms covered by this agreement.
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33 R. The CITY shall indemnify, hold harmless and defend COUNTY, its officers,
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35 agents and employees against all liability, claims, losses, demands and
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37 actions for injury to or death of persons or damage to property arising
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39 out or in consequence of this agreement, provided such liability, claims,
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41 demands, losses or actions are claimed to be due to the acts or omissions
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43 of the CITY, its officers, agents or employees in the performance of this
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45 agreement, including any activities conducted by the CITY under the terms
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47 covered by this agreement.
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2 IN WITNESS WHEREOF,, the parties have caused this Agreement to be executed as of
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4 the day and year first written above.
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9 ItCOUNTY11 "CITY"
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12 COUNTY OF SAN BERNARDINO CITY OF RED DS
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14 >Xr
BY: BY
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t�rff4SRS
RMAN V
CHAIRMAN OARD OF S DORS TITLE:
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20 APPROVED AS TO FORM APPROVED AS TO FORM
21 OFFICE OF COUNTY COUNSEL OFFICE OF CITY ATTORNEY
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BY: BY:
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28 DATED: DATED:
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31 RECOMMENDED AS TO CONTENT RECOMMENDED AS TO CON NT
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37 County Administrative Officer City Manager
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41 DATED: DATED:
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44 KAR/3-8-78
45 KAR/ Revised -26-78
46 KAR/(Revised)6-6-78
47 PRC /(Rev ised)3-9-79
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49 JQN/(Revised)€-27-79
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