HomeMy WebLinkAboutContracts & Agreements_1-1977 ENVIRONMENTAL IMPROVEMENT AGENCY County of San Bernardino
OFFICE OF COMMUNITY DEVELOPMENT (OCD) R ANN SIRACUSA
Director
1111 East Mill Street San Bernardino CA 92415 (714) 383 2745
May 19, 1977
Mr Bill Schindler
Community Development Director
P 0 Box 280
Redlands, CA 92373
Dear Mr. Schindler.
Enclosed are the executed copies of the City-County Agreement and
Coopera:.icr Agreement These are your official record copies
l hope the long delay in receiving nem has caused you no -incon-
venierc<
ENVIRONMENTAL T `PRO EMENT AGENCY
OFFICE OF CO{''!"''t;NTTY DEVELOPMENT
R. ANN SIRACUSil, Director
•111 .'I
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MARIO L. VALENZUELA
Citizen Participation Coordinator
i.ar
Board at supervisors
ROBFRT 0 TOWNSEND Fourth 0, 1.in Jor KAMANSK D ti ici
DENNIS HANSBERC,ER Thud District
.TAMES l MAYHELD First Distrirt ROR HAMMff K F FrF n.i ,e
COOPERATIO04 AGREEMENT
THIS ACRI NTN1 is dated for convenience. on 7/1 N.) t)1) ` -[ r l T�7
and is entered into by and between the COUNTY or SAN BERNARDINO (hereinafter
called "COUNTY") and the CITY OF REDLANDS (hereinafter sometimes called "CITY")
to memorialize Agreement heretofo entered upon on that date by the parties.
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5J I T N E S S E T H
WHEREAS, the COUNTY OF SAN BERNARDINO is a County and political
subdivision oC the State of California and a body corporate and politic, and
the CITY OF RIDLANDS is a municipal corporation of the State of California,
located within the said COUNTY, and
WHEREAS, COUNTY and CITY have a mutual interest in providing
necessary governmental services to and enhancing the quality of life of their
residents, and
WHEREAS, both COUNTY and CITY are eligible to apply for grants
from the United States Depaitment of Housing and Urban Development (hereinafter
referred to as "HUD"), pursuant to the provisions of the Housing and Community
Development Act of 1974 (hereinafter referred to as "ACT") , and
WHEREAS, Section 102 (a) (6) of the ACT contemplates and author-
izes cooperation agreements between counties and cities within the counties in
furtherance of the purposes of the ACT, and
WHEREAS, the parties hereto deem it to be for their mutual
advantage to enter into such cooperation agreement
NOW, THEREFORE, COUNTY and CITY, in consideration of the mutual
advantage to be obtained thereby, do hereby agree to cooperate in undertaking,
or assisting in undertaking, essential community development and housing assis-
tance activities, specifically urban renewal and publicly assisted housing
This agreement shall become effective as of the date first
hereinabove set forth and shal_lcontinue in force and effect during the program
year covered by the COUNTY'S fiscal year 1977-78 application and, consistent
with any applicable federal law and regulations and the terms and conditions
of any grant made in reliance hereon, for such additional time as may be
required to bung to conclusion the program or programs funded by the said
fiscal year 1977-78 application.
In furtherance of the purposes of this agreement, CITY hereby
allocates the population of its jurisdiction to COUNTY for the purposes of
COUNTY'S fiscal year 1977-78 application for funds under the ACT, and COUNTY
and CITY recognize that COUNTY is the applicant and has full responsibility
under the ACT.
I j' vs
. R
IN WITNFSS WHEREOF the parties have executed this agreement
by the signatures affixed below.
DATED:
COUNTY OF SAN BERNARDINO
BY
C airman, Board of Supervisors
ATTEST
DATED. January 3, 1977
CITY OF REDLANDS
/ l (7--)1-1
&Maygr of t e"~ /`Citi of edl'and //
ATTEST 'J
City Clerk of the City of Redlands
> Co,my Department CON I"RACT NU^7BER
OFFICE OF COMMUNITY DEVELOPMENT .
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tat County Department Contact r?epres..ntati e
Xi Renewable 0 Terminates
\Z 1 COUNTY OF SAN BERNARDINO MARIO L VALENZUELA Ph Ext 1705 Date
CONTRACT TRANSMITTAL Budget Unit No Sub Object No Furci No Job No Amount of Contract
Che.c .One F; Expenditure 0 Revenue If contract has more than one payment or receipt
S.S A s comp:ete the following
or Federal Number of payments
Employer ID = Estimated amount of each S
Contractor TEN (10) JOINT POWERING CITIES
Contractor's Representative.
Address Phone .
Nature of Contract (Briefly describe the general terms of the contract)
By virtue of this agreement all Cities located within the boundaries of San Bernardino County,
which have decided to joint power with the County for purposes of applying for a Title I
Community Development Block Grant during fiscal year 1977-78, contractually bind themselves
to join the County in its 1977-78 Application to the Department of Housing and Urban Develop-
ment (HUD).
Furthermore, this Agreement will allow joint powering cities to compete for the County's
1977-78 entitlement funds and will allow County to receive the benefits of each City's
population, poverty and housing conditions which HUD uses in its formula to determine
funding levels to urban counties such as San Bernardino County.
(Attach tins transmittal to all contracts not prepared on the Standard Contract" form)
Approved,es-19•NaI form C., Reviewed as to budget expenditure
County Counsel ! ' County Administrative Office Page I of _
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02 12204 107 r
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COMMUNITY DEVELOPMENT BLOCK GRANT
1 CITY-COUNTY AGREEMENT
For Fiscal Year 1977-78
1 This agreement is made and entered into this 1st
2 day of February , 197 7 , by and between the COUNTY
3 OF SAN BERNARDINO hereinafter referred to as "COUNTY" , and the
4
CITY OF Re \ a municipal corporation and a
5 political subdivision of the State of California and located
6 within the boundaries of San Bernardino County , hereinafter
1
referred to as "CITY"
81
9 WITNESSETH
10 WHEREAS , the COUNTY has been designated an "urban County"
11 by the United States Department of Housing and Urban Development ,
12 (hereinafter referred to as "HUD" ) , as that term is defined in
13 Title I of the Housing and Community Development Act of 1974 , and
accordingly, COUNTY has developed a communitydevelopment plan
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151 and program which is set forth in COUNTY ' s application for
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to federal assistance under the Housing and Community Development
17 Act of 1974, and,
18
19 WHEREAS, the COUNTY desires to use the area and the
20 population in the CITY in the base which Federal Department of
21 Housing and Urban Development uses to determine the level of
22 funding to COUNTY ' s housing and community development program,
23i and,
2 4,
25 WHEREAS , the CITY though eligible to apply for discretionary
26 and/or hold harmless grants from the United States Department
27i of Housing and Urban Development , chooses not to apply for
28 community development grant funds during the term of this
29 agreement , or any extension thereof , pursuant to the provisions
30 i of Section 570 402 of Regulations , and,
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321
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1 WHEREAS , the CITY is willing and desires that its incor-
2 porated area and population be included in the base used by HUD
3 to determine funding levels to the COUNTY for the execution
4 of COUNTY' s Community Development Program, and accordingly, to
5 cooperate with COUNTY in the execution of COUNTY ' s community
6 development plan and program within corporate boundaries of CITY
7 during the term of this agreement or any extension thereof,
8 commencing upon the approval of COUNTY ' s fiscal year 1977
9 grant application, and,
10
11 WHEREAS, both COUNTY and CITY seek to coordinate their
12 efforts to maximize utilization of personnel and resources and
13 increase efficiency and economics in the planning and administr-
14 ation of the program hereinafter set forth ,
15
16 NOW, THEREFORE, IT IS UNDERSTOOD AND AGREED by and between
17 the parties hereto as follows
18 1 This agreement is made pursuant to the provisions of
19 Article 1, Chapter 5 , Division 7 , Title I of the Government Code
20 of the State of California (commencing with Section 6500) ,
21 relating to public agencies The purpose of thus agreement is
22 to undertake those essential community development and housing
23 assistance activities under the Act which have been approved by
24 HUD, for the CITY of 3YDLANDS specifically the project
25 or projects described in Attachment "A" hereto The purpose will
26 be accomplished in accordance with the requirements of the Act ,
27 its Regulations and other Federal , State and County laws and
28 policies in the manner hereinafter set forth
29 - This agreement is further entered into pursuant to the
30 provisions of Section 8 of the "Cooperation Agreement for
31 Community Development Basic Grant Funds , " executed by these
32 parties , dated — JANUARY 3 , 197 7 , and is
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11 supplementary to said Cooperation Agreement, which remains in
2 full force and effect.
3 2. The term of this agreement shall become effective
d_ on the date mentioned above and shall continue in full force and
5 ; effect during the program year (July 1, 1977 through June 30,
6 1978) covered by COUNTY 's fiscal year 1977-78 Community Develop-
1
71 ment Block Grant (hereinafter CDBG) Application and until con--
8 clusions of the program or programs included in the COUNTY ' s
9I fiscal year 1977-78 CDBG Application consistent with the Federal
10 law and Regulations and the terms and conditions of any grant made
11 in reliance hereon. CITY hereby allocates the population of its
12 jurisdiction to the COUNTY for the purposes of its 1977-78 Applic-
13 ation and/or for the duration of the contract for the purpose of
14 applying for funds under the Housing and Community Development Act
15 of 1974 , and COUNTY and CITY recognize that COUNTY is the applican•
16 and has full reponsibility under the ACT
17 3. CITY hereby adopts and agrees to comply with the COUNTY ' s
18 Community Development Plan and Citizen Participation Plan for 1977
19 78 and the Housing Assistance Plan developed pursuant to said
20 application and this agreement, and with all laws , regulations ,
21 and policies applicable to any grant made thereunder The CITY
22 shall also adopt an appropriate resolution, consistent with
23 Section 34209 , California Health and Safety Code to allow without
24 reservation, restitution, etc . , the Section 8 program Title II of
25 the Housing and Community Development Act of 1974 , to operate
26 with the CITY
27 4 . The Office of Community Development (OCD) as the COUNTY
28 entity which has the responsibility for administering the COUNTY ' s
29 Federal Community Development Block Grant contract, which is the
30 source of funding for the projects listed in Attachment "A" , is
31 responsible for assuring that projects undertaken by CITY under
32 this agreement comply with all Federal Regulations including, but
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1 not limited to, regulations pertaining to site selection, land
2 acquisition, relocation, contracting procedures , etc Therefore,
3 approval by OCD of all contracts entered into for the purpose of
d implementing this agreement is a condition precedent to payment
5 under this agreement. The CITY agrees to submit all contracts to
6 be entered into for the purpose of implementing this agreement to
7 OCD for approval in advance of contracting unless the CITY obtains
8 from OCD a written waiver of the condition of approval as to each
g contract.
10 5 The total CITY project (s) budget shall be received by
11 ; COUNTY under this Act and shall be deposited in a specified fund
12I in the COUNTY' s Treasury with an appropriate separate account
13 provided for each CITY by Project Case Number OCD will disburse
14 the funds to CITY on a cost reimbursement procedure or on a priox
15 agreed to advance Billing shall be accompanied by all pertinent
16 source documentation to be presented to OCD by CITY on or near the
17 first day of each month, allowing 15 days for payment on the
18 part of the Office of Community Development. The COUNTY shall be
19 entitled to retain from such funds such amount as is calculated
20 as the direct costs (including, but not limited to, salaries ,
21 benefits , mileage, actual cost of materials , meals and other
22 authorized expenses allowable under the Travel Code Section 13 063:
23 County of San Bernardino) incurred by COUNTY in implementing with-
24 in the CITY' s jurisdiction, any projects described in Attachment
25 "A"
26 6 COUNTY and CITY recognize that COUNTY, as the formal
27 grantee of the CDBG, has full responsibility and obligations to
28 HUD for undertaking the CDBG Program and full authority in ad-
29 ministering and allocating funds and that CITY will have no direct
30 responsibilities or obligations to HUD under this agreement As
31 concerns rights and responsibilities of COUNTY and CITY as to
32 each other under this agreement, however, CITY shall have the
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1 right to elect to be responsible for carrying out all projects
2 required by the program or programs under this agreement. However,
3 in implementing said projects , CITY must perform all services and
d activities in accordance with Federal and State statutory require-
5 ments, and with the policy and procedures established by the
6 Board of Supervisors and shall specifically conform to the fol-
7 lowing terms and conditions :
8 A Upon COUNTY and CITY ' s mutual assent to this contract,
9 CITY will designate a 'Contract Administrator" by
10 filling in the name of said person in the space provided
11 below The "Contract Administrator" will function as the
12 primary contact with the COUNTY and will be responsible
13 for informing the CITY staff and administration as
la appropriate. The CITY and COUNTY may, by mutual agree-
15 ment of both parties and by written notification, change
16 the Contract Administrator
17 The CITY ' s Contract Administrator for this agreement
Director ,
18I is WILLIAM SCHINDLER , Community ALE Development
TI
19
20 B. For purposes of this Agreement, CITY shall also designate
21 a fiscal contact by filling in the space provided below
22 The fiscal contact shall be responsible for billing, and
23 fiscal procedures for the CDBG Program and will serve as
24 the primary contact for technical fiscal matters . CITY
25 shall maintain complete separate fiscal accounts as to
26 funds which come under its control or deposition pursuant
27 to this agreement in such manner as to permit the reports
28 required by COUNTY to be prepared therefrom and to permit
29 the tracing of funds to their final expenditure. CITY
30 will submit to OCD complete and detailed budgets and
31 expenses for each project that CITY will be implementing
32 with CDBG funds along with monthly reports of grant
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1 expenditures .
2 I The CITY' s Fiscal Contact for this agreement is
3 LINDA KRIWAN , ASST FINANCE DIRECTOR
TITLE
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5 C. The CITY may, by mutual agreement with the COUNTY,
6 i modify the projects described in Attachment "A" Such
7 change or modification must be submitted to the Office
8 of Community Development no later than 1( ,,p„,j r kR I7
9 Changes whicn substantially affect the CITY ' s project list
10 must be reviewed at public hearings at the same time the
11I coming year ' s project list is being acted upon by the
12 City Council. If a new activity is involved, a Justifica-
13 tion Statement for that activity must be included with
14 the request Revised budgets must be submitted The
15I recommended changes will be presented to the Board of
16 Supervisors for approval no later than -ccem x r- 1-c-, ,1CI11
17 for a single action making all revisions . If a contract
18 amendment is necessary, as determined by the COUNTY 's
19 Office of Community Development, that will be presented
20 at the same time to the Board of Supervisors for their
21 approval and subsequently to HUD for its approval
22 D. The CITY is authorized by the COUNTY to contract for all
23 necessary services for completion of projects described
24 in Attachment "A" , provided that contracts are submitted
25 to and approved by the COUNTY Office of Community Develop-
26 ment in advance of contracting, or a written waiver of
27 this condition is obtained, as specified in Paragraph
28 4 . The CITY attorney is responsible for assuring and
29 certifying that projects undertaken by those whom it
30 has contracted for the performance of work in connection
31 with any of the projects listed in Attachment "A" comply
32 with the following regulations •
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1 1 Community Development Block Grant regulations ,
2 dated June 9, 1975 and amended in 1976 .
3 2 Federal Management Circulars 74-4 and 74-7
A 3 Hatch Act.
51 4 Davis-Bacon Act
6 � 5 . Architectural Barriers Act of 1968 .
7 6 Uniform Relocation Assistance and Real. Property
8 Acquisition Policies Act of 1970 .
9 7 . National Flood Insurance Program.
10 8 . Clean Air Act
11 9 Federal Water Pollution Control Act
12 10 National Environmental Policy Act
13 11 . Archeological and Historic Preservation Act of
14 197A .
15 12 . Civil Rights Act
16 13 . Implementation Policy for CDBG-funded facilities,
17 adopted by the Board of Supervisors on May 3 ,
181 1976
19 14 . Procedures for construction contracts .
20 15 . Labor Standard Administration and Enforcement
21 HUD Handbook 6500 . 3 .
22 16 . Section 3 regulations of the Housing and Urban
23 Development Act of 1968 (Title 24 , CPR 135) .
24 In the event that CITY ' s City Attorney is unable to
25 review said contract(s) for compliance with the afore-
26 mentioned regulations , the CITY may allow County
27 Counsel to review. such' contract (s) for compliance with
28 said federal regulations and said contract (s) shall be
29 deemed valid and binding as to the parties to the
30 contract (s) upon certification of approval by County
31 Counsel
32 E If the CITY 's 1977-78 Project List involves the
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1 implementation of such capital improvements as a
2 proposed neighborhood facility, senior center, fire
3 station, etc. , the CITY shall adhere to the Implementation
d Policy for CDBG funded facilities adopted by the COUNTY
5I Board of Supervisors on May 3 , 1976 .
6 F. The CITY may also enter into procurement contracts for
7 Professional Services (Consultant Contracts) where
8 necessary to complement the efficient and economic
g administration of the program, provided that contracts
10 are submitted to and approved by OCD in advance of
11 contracting or written waiver of this condition is
12 obtained, as specified in Paragraph 4 The required
13 procurement procedures are defined in Federal Management
14 Circulars 74-4 and 74-7 Appendix 0, distributed to
15 CITY at the July 14 , 1976 COUNTY-CITIES Meeting (Hand-
16 book for CDBG Construction Contracts) Upon OCD/CITY
17 Attorney 's approval, the jurisdiction can proceed to
18 negotiate, achieve final agreement, and execute a contract.
19 G The CITY may also enter into construction contracts for
20 the design and/or construction of CDBG funded facilities ,
21 provided that contracts are submitted to and approved by
22 OCD in advance of contracting, or written waiver of
23 this condition is obtained, as specified in Paragraph 4
24 The CITY agrees to comply with procedures for construction
25 contracts as set forth in the Handbook for CDBG Construct-
26 ion Contracts Procedures for the CITY to follow in
27 construction contracts are covered in the Handbook
28 for CDBG Construction Contracts referenced above
29 H CITY shall be responsible for all aspects of the
30 program or programs including, but not limited to, keeping
31 and maintaining strict accountability of the total
J2 project funds received and expended pursuant to this
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1 agreement whether general CDBG funds or other funds .
2 I . During the performance of this Contract, the CITY
3 agrees not to discriminate against any contractor or
d applicant for employment in performing work on the
5 projects listed in Attachment "A" , because of race,
6 color, religion, sex or national origin. The CITY
7 further agrees to take affirmative action to ensure
8 that its Contractors employ and treat all employees
9 during employment without regard to their race, color,
10 religion, sex or national origin Such action shall
11 include, but not be limited to, the following, em-
12 ployment, upgrading, demotion or transfer, recruitment
13 or recruitment advertising, lay off or termination, etc .
14 The CITY will cause contractor to comply with the
15 provisions of Executive Order 11246 of September 24 ,
16 1965 , and the rules , regulations, and relevant orders
17 of the Secretary of Labor CITY shall require its
18 Contractor to post in conspicuous places, available
19 to employees and applicants for employment, notices
20 setting forth the provisions of this nondiscrimination
21 clause.
22 J The signatories of this agreement or their designess
23 also agree to comply with Section 3 of the Housing and
24 Urban Development Act of 1968, as it pertains to
25 employment opportunities for businesses and lower income
26 persons in connection with HUD-assisted projects .
27 K. Pursuant to Federal Management Circular 74-7 Appendix 0,
28 no member, officer, or employee of the COUNTY or CITY,
29 its designees or agents, no member of the governing body
30 of the COUNTY and no other public official who exercises
31 any functions or responsibilities with respect to the
32 program during his tenure or for one year thereafter ,
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1 shall have any interest, direct or indirect, in any
2 contract or subcontract, or the proceeds thereof, for work
3 to be performed in connection with the program assisted
d under this agreement
5 L. In addition, CITY shall indemnify and hold harmless
6 COUNTY against any liability claims, losses , demands ,
7 and actions incurred by COUNTY as a result of deter-
8 mination by the United States Department of Housing
9 and Urban Development that activities undertaken by
10 CITY under the program or programs failed to comply
11 with any laws, regulations or policies applicable
12 thereto or that any funds forwarded to CITY under this
13 agreement were improperly expended.
14 M The COUNTY, OCD, the Department of Housing and Urban
15 Development, the Comptroller General of the United
16 States or any of their duly authorized representatives
17 shall have access to any books , documents , papers and
18 records of the CITY or its contractors which are
19 directly pertinent to a specific grant program for the
20 purpose of making an audit andfor examination of the
21 excerpts and transcriptions .
22 N COUNTY shall assume no liability for the negligence
23 of CITY or of any officer or employee thereof, and
24 CITY shall hold COUNTY free and harmless from any loss,
25 damage or liability that may arise out of the perform-
26 ance or failure to carry out said project of this agree-
27 ment Furthermore, in the event that HUD rules that the
28 payment of any sums provided hereunder by COUNTY to CITY
29 are not proper expenditures of Community Development
30 funds, COUNTY shall have the right to retain such amounts
31 from CITY 's future project (s) allocations
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1 O . The COUNTY shall retain the right to withhold funds
2 for any program or programs carried out by the CITY or
3 the CITY ' s subcontractor if advance written notice to
4 the CITY indicating that the COUNTY has determined
5 in its sole discretion (which shall not, however, be
6 unreasonably applied) that the CITY has not performed
7 its obligations as stated in this agreement in a sates-
8 factory or timely manner consistent with Federal
9 Regulations or policy COUNTY shall notify CITY in
10 writing of this determination, specifying the objection (s)
11 to the CITY ' s performance. The CITY shall then have a
12 maximum of 30 days in which to remedy said defici-
13 encies . Should approval of the COUNTY not be obtained
14 within said period, the COUNTY shall have full authority
15 to reallocate the CITY ' s program funding to other
16 eligible activities which can be implemented or to assume
17 sole responsibility for carrying out any and/or all
18 projects described in Attachment "A" , upon written
19 notice to the CITY. Upon such notice, the CITY agrees
20 to cease all activity provided hereunder, as specified
21 in said notice
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1 IN WITNESS WHEREOF, the parties have caused this Agreement
2 to be executed as of the day and year first written above
3 COUNTY OF SAN BERNARDINO
4
5 BY hairman, Boars of Supervisor
6
7 It is the opinion of this office "COUNTY"
8 that this Agreement is in accord-
9 arce with State and Local Law
10 OFFICE OF COUNTY COUNSEL CITY 0 R 1 s
11 BYE% c-
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12 DATED ', L/ /1- 2 /977 TITLE Y r
13 Approved as to rm EST:
14.
2
15 OFFICE OF CITY ATTOR ity rrC TY"
City of Redlands
16 BY G7 SEAL
17 DATED , / / -`
18 Recommended as to Content
19
20
Court y ministrative Officer
21
22 DATED MAY 9 7977
23 Recommended as to Content
24
25CJ ) )1 [
City Manager
26
27 DATED February 1, 1977
28
29 /dal/7-13-76 (revised)
/jhf/9-13-76 (res,; sed)
30 /da1/9-21-76 (revised)
/kar/10-18-76 (revised)
31 /kar/12-21-76 (revised)
/kar/1-10-77 (revised)
32