Loading...
HomeMy WebLinkAbout05/17/1989 Donald K. Ratty, Chair Kevin McDermott Staff: John Stinson AGENDA BUDGET AND FINANCE COMMITTEE May 17, 1989 12:00 Noon City Manager's Conference Room 1. BAKERSFIELD MEMORIAL HOSPITAL BONDS 2. FIRE STATION PURCHASE 3. HOMELESS CENTER APPROPRIATION OF FUNDS 4. SEEZ - REPORT ON REQUEST FOR PAYMENT MEMORANDUM April 25, 1989 TO: J. DALE HAWLEY, CITY MANAGER ~ FROM: LAUREN CASSELMAN, INTERNAL AUDITOR SUBJECT: AUDIT OF SEEZ CORPORATION I have completed the audit of City Contract 87-48, Amendments 4 through 7, and the Southeast Enterprise Zone Corporation (SEEZ) for the period November 1987, through February 19, 1989. My findings and recommendations are as follows:. Background SEEZ was first appointed the agency to market the enterprise zone under City Agreement 86-88. The County was to contribute a maximum of $17,000, and the City a maximum of $10,000. Agreement 87-48 and Amendments i and 2 provided for the continued implementation of the marketing plan by SEEZ for the period March 17, 1987 to October 31, 1987. The County was to contribute up to $20,850, and the City $13,500. Under all contracts, both City and County were not required to pay out all funds; they only had to Ray out an amount up to the stated maximum. Audits have be~n completed for these contracts and amendments. Amendment 3 to City Contract 87-48 again extended the time for SEEZ to complete the required tasks to November 30, 1987. Amendment 4 to the same contract not only extended the time for task completion from November 30 to April 30, 1988, but added more activities for SEEZ to accomplish and gave SEEZ more money. The City and County were to each contribute a maximum of $18,500. Amendments 5 and 6 to this contract again extended the time required to complete activities from April 30, 1988 to August 19, 1988. No more funds were granted with these amendments. Amendment 7 provided more funds for SEEZ (City and County each providing $12,500) and the time was extended from August 19 to February 19, 1989. Section 2 of Amendment 7. states: "additional funds provided by this amendment shall be appl'ied to expenses incurred and services performed only during the specific term of this amendment. Any expenses incurred or services performed prior to the date of this amendment shall not be reimbursable with the funds provided herein." The Employers Training Resource Department (ETR) also had a contract with SEEZ for the period July 1987 to June 1989. This agreement called for ETR to pay SEEZ a maximum of $22,000 over the term. The budget for the $22,000 by category is shown in Attachment 1. J. Dale Hawley April 25, 1989. Page -2- Procedures The Agreement and Amendments specified what expenses incurred by SEEZ would be reimbursed, and maximum amount the City and County would contribute, and the tasks to be completed by SEEZ. Both City and' County required original invoices and other documentation to be submitted by SEEZ with their request for payment before any monies would be reimbursed to SEEZ. All supporting documentation submitted .was checked with the amounts reimbursed by both County and City. I reviewed paid checks at the SEEZ office to insure payments were actually made, checks were properly authorized and documented. I met with Ann Batchelder, accountant in charge of monitoring the payments to SEEZ for the ETR. Several areas in the ETR/SEEZ budget overlapped with the City/County Agreement, such as office supplies, secretary's'~salary, equipment rental, and travel expense. We compared the expenses the City/County reimbursed with what ETR paid to SEEZ. I wanted to be assured that there were no duplicate payments of expenses. Findings and Recommendations The accountants for the City and County did a good job screening expenses for r6imbursement. If receipts were not attached, reimbursement would not be made until proof of purchase was s'hown. SEEZ was reimbursed $210.00 monthly for rental of office equipment. When invoices came in for the purchase/lease of a copier, the expense was correctly disallowed. By the end of July, 1988, the City and County had maxed out on their payments to SEEZ, with the exception of the final $3,000 payment for the infrastructure study. Amendment 7, which provided more funds for SEEZ, did not begin until late August. This final payment was made in February, 1989. The County reimbursement for April 1988 overpaid state payroll taxes by $135.90. This amount was for employee SDI, which is withheld from the employee paycheck, and already reimbursed by the City/County. City reimbursement of September 1988 - secretary's salary was reimbursed in the amount of $1,100 (the usual amount). Due to a change in personnel, the actual secretary was paid only $1,000. County reimbursements for December 1988 and January 1989 overpaid employee taxes by $92.28 and $44.19, respectively. The County should reimburse SEEZ for expenses incurred in the month of February, 1989, but deducting the overpayments mentioned. After this final reimbursement to SEEZ, the City and County can then determine the final 50/50 distribution to each other. LC.alb Attachment ATTACHMENT 1 EMPLOYERS TRAINING RESOURCE BUDGET FOR SEEZ Salaries and Wages (daily hire) $ 1,000 Office Supplies (under $100) 5,000 Travel Expenses (staff) 2,600 Graphic Arts Reproduction 2,000 Salaries (secretary and bookkeeper) 10,150 Equipment Rental 400 Professional and Special Services 850 TOTAL $22,000 BUDGET AND FINANCE COMMITTEE REPORT NO. 24~89 May 17, 1989 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL SUBJECT: SALE OF CITY FIRE STATION AT BRUNDAGE LANE The Budget and Finance Committee has met to discuss the sale of the City fire station located at 790 East Brundage Lane. This station had been vacated several years ago due to the building condition and a site that is no longer central to the response district. In accordance with Committee Report No. 22-88 directing the negotiated sale of the Brundage Lane~station and the fire station at 4th and "L" Streets, the staff advertised for bids on December 28, 1988. At that time, the City received only o.ne bid for the Brundage Lane station which was subsequently switched to the 4th and "L" Streets station. The City has now received a bid of $56,200 from Mr. Freddie L. Thomas for the Brundage Lane station. A security deposit of $1,000 has been received. The Budget and Finance Committee recommends that a public hearing be set for May 31, 1989. The purpose of the hearing will be for the Council to determine: 1. The proposed sale is in, the best interest of the City. 2. The benefits to be derived by the City justify the sale price. BUDGET AND FINANCE COMMITTEE REPORT NO. 24-89 MAY 17, 1989 PAG~ -2- The Budget and Finance Committee requests Council acceptance of this report and approval of its recommendations. Respectfully submitted, ? Councilmember Donald K. Ratty, Chair Councilmember Kev~n McDermott Rpt. 154 and 154A:jp BUDGET & FINANCE COMMITTEE REPORT NO. 23-89 TO: MAYOR MEDDERS AND MEMBERS OF THE CITY COUNCIL FROM: DEVELOPMENT SERVICES, COMMUNITY DEVELOPMENT On March 29, 1989, the City Council approved the implementation of the completion of the homeless facility located at 1600 East Truxtun. At that time $100,000 of CDBG funds was appropriated for completion of this project. In that same report, various funding sources were identified from the Stewart B. McKinney program funds from the County of Kern, Bethany Service Center and the State of California. To utilize the grants and other revenues we have received in fiscal year 1988-89, we must do the following: i) Amend Agreement 88-43 with Kern County to increase the project funding to a total of $148,000. 2) Enter into an agreement with Bethany Service Center to utilize grant funds for construction of the homeless facility. 3) Appropriate grants and revenues from the following sources to the Community Development Budgeti Fund Source Amount County Emergency Shelter Grant Funds $ 83,000 Bethany Service Center-Emergency Shelter Program Funds $ 91,962 State of California-Emergency Shelter Program Funds $ 39,038 Cash Donations received from community $ 10,000 $224~000 RPT5.11.1 ~"' ' il. ADMI N Therefore, it is recommended that the Report be accepted and that the Mayor be authorized to execute the agreements with Kern County and Bethany Service Center and authorize the appropriation of $224,000 of grant funds and other revenues to the Community Development Budget. Respectfully submitted, Councilmember Donald K. Ratty, Chair Coun¢ilmember Kevin McDermott RPTS.11.2 ADMIN AMENDMENT NO. 2 TO EMERGENCY SHELTER GRANTS PROGRAM AGREEMENT THIS ~34ENDMENT TO AGREEMENT (County Agreement No. 125-88 and City Agreement No. 88-43) made and entered into this day of , ]989, by and between the COUNTY OF KERN, a political subdivision of the State of California ("COUNTY"), and the CITY OF BAKERSFIELD, a municipal corporation within the County of Kern-("CITY"), W I T N E S S E TH: WHEREAS, (a) The Congress of the United States enacted the Stewart B. McKinney Assistance Act ("Act") to provide urgently needed assistance to protect and improve the living and safety of the homeless population; and -~.. (b) Subtitle B of Title IV'of the Act reauthorized the Emergency Shelter Grants Program ("ESG Program"), authorizing the Department of Housing and Urban Development ("HUD") to make grants to units of general local government for the rehabilitation or conversion of buildings for use' as emergency shelter for the homeless, and for' the payment of certain operating and social service expenses in connection with emergency shelters for the homeless; and (c) On April 5, 1988, the' COUNTY and CITY entered into an agreement (County Agreement No. 125-88 and City Agreement No. 88-43) in order to make ESG Program funds a~ailable to the CITY for such activities permitted by the ESG Program (the "Agreement"); and (d) On July 5, 1988, COUNTY and CITY amended the Agreement to make additional funds available to the CITY for activities .permitted by the ESG ~ ',.'." Pro,ram; and (e) On February 9, ]989, COUNTY submitted an application to HUD for receipt of $65,000 in additional funds under the ESG Program, and on February 22, 1989, HUD approved that application; and (f) COUNTY and CITY desire to again modify the Agreement in order to make the additional funds available to the CITY for activities permitted by the ESO Program and to include a HUD required policy relating to use of drugs and alcohol in ESO funded facilities. NOW, THEREFORE, IT IS MUTUALLY AGREED between COUNTY and CITY as follows: ]. Paragraph $(a) of the Agreement shall be modified as follows: "3. COUNTY'S Haxtmum FInancial Obligation (a) COUNTY'S maximum financial obligation for accomplishing the 'Project shall not exceed a total of One Hundred and Forty Eight Thousand Dollars ($148,000) and shall be paid from ESO Program funds received by COUNTY from HUD. These funds shall be considered a grant to the CITY under the terms of this agreement. Any funds not used for the project shall reduce COUNTY'S maximum financial obligation." 2. Paragraph 4(f) of the Agreement shall be added as follows: "CITY and each recipient and project sponsor conducting activities, funded tn whole or in part with McKinney Act funds, to assist the home]ess population in this jUrisdiction; will administer, in good.faith, a policy designed to ensure that the assisted home]ess facility is free from the Illegal use, possession, or distribution of drugs or alcohol by Its beneficiaries." 3. Paragraph 5 of the Agreement shall be modified to read as follows: "5. Comp/lance with Laws COUNTY and CITY agree to comply with any and all applicable federal, state and local laws and regulations in performing their respective obligations pursuant to this Agreement. Should COUNTY become subject to any sanctions, including but not ]tmlted to those contained In 24 CFR 575.69, due to any failure by CITY or CITY's agents to comply with all federal, state and local laws and regulations, CITY hereby agrees to be liable for any such sanctions and shall reimburse COUNTY for any Payments made or fundlng lost as a result of such sactions." 4. Except as modified by. this Amendment, the rights and duties of the COUNTY and CITY shall remain as set forth in that certain Agreement dated April 5, 1988 and amended on July 5,'1988. IN WITNESS WHEREOF, COUNTY AND CITY have caused this Amendment to be executed by their respective officers on the day and year first above written. RECO~,ENDED AND APPROVED COUNTY OF KERN AS TO CONTENT: Community Development Program Department By Chairman, Board of Directors By "COUNTY" APPROVED AS TO FORM: CITY OF BAKERSFIELD Office of County Counsel BY By Mayor "C I TY" APPROVED AND RECOJ~ENDED: and' Community Deve']opment, City of Bakers~Jeld By By City of BakersfJeJd Finance Director APPROVED AS TO FORM: Office of City Attorney AGREEMENT NO. EMERGENCY SHELTER GRANTS PROGRAM BETHANY SERVICE CENTER THIS AGREEMENT, made and .entered .into this day of , 1989, by and between the Bethany 'Service Center, a California Non-Profit Public Benefit Corporation, hereinafter referred to as the CORPORATION, and the CITY OF BAKERSFIELD, a municipal corporation organized under the laws of the State of California, hereinafter referred to as "CITY". hereinafter referred to as the CITY. W I T N E S S E T H:. (a) WHEREAS, The Congress of the United States enacted the Stewart B. McKinney Assistance Act ("Act") to provide urgently needed assistance to protect and improve the living and safety of the homeless population; and (b) WHEREAS, Subtitle B of Title IV of the Act reauthorized the Emergency Shelter Program (ESG), authorizing the Department of Housing and Urban Develop- ment ("HUD") to make grants to States~ units of general local government and private non-profit organizations for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless, and the the payment of certain operating and social service expenses in connection with emergency shelter for the homeless; and (c) WHEREAS, Section 421 of the Act permits States to distribute funds to private nonprofit organizations for the same purposes described in sub- paragraph (b). (d) WHEREAS,~ The State of California established the State Emergency Shelter Program (State ESP) for the distribution of funds allocated by the Act; and AGREE1 (e) WHEREAS, On November 19~ 1987 (CORPORATION) submitted an (Date) application to the State of California for' receipt of funds under the State ESP and on February 22~ 1988 , approved that application; and (f) WHEREAS, CITY desires to carry out construction of the Bakersfield Homeless Center in or near the Baker Street Corridor area of the City; and (g) WHEREAS, CORPORATION desires to assist CITY by making State ESP funds available to CITY for such activities permitted by the ESP Program; NOW, THEREFORE, IT IS MUTUALLY AGREED between CORPORATION AND CITY as follows: 1. Definitions (a) Except to the extent modified or supplemented by the Grant Agreement between CORPORATION and State, any term defined in the Act or State ESP regulations at 24 CFR Part 570 shall have the same meaning when used herein. (b) "Project" refers to construction of the Bakersfield Homeless Center located at 1600 East Truxtun Avenue. .. (c) "Lead Agency" shall be the City of Bakersfield. 2. CORPORATIONS Obligations (a) CORPORATION shall provide State ESP funds for project activities to be carried out by CITY. (b) CORPORATION, in cooperation with CITY will review and comment on bid documents and proposed bidding procedures provided by CITY for the purpose of assuring that those documents contain all required State regulations, certifications and procedures for the project. This review is limited to documents relating directly to activities funded with State. ESP funds. --2-- AGREE2 3. CORPORATION'S Financial Obligations (a) CORPORATION's financial'obligation for accomplishing the Project shall not exceed a total of Ninety-one Thousand Nine Hundred Sixty- Two and no/100 Dollars ($91,962) and shall only be paid from State ESP funds received by CORPORATION from State. These funds shall be considered a grant to the CITY under the terms of this agreement. Any funds not used for the project shall reduce CORPORATION'S financial obligation. (b) In the event State ESP funds are not received by CORPORATION for the Project, CORPORATION may unilaterally terminate this Agreement and abandon the Project, in which event CORPORATION shall incur no liability whatsoever to the CITY. 4. CITY'S Obligations (a) CITY shall be the lead agency and be responsible for implementing the "Project" in conformance with the Act and State ESP regulations,~ as more particularly described in Exhibit A, attached hereto and incorporated herein by reference. (Exhibit A is the Grant Agreement from the State to Corporation). (b) CITY shall provide matching funds as required under the State ESP regulations at 24 CFR 575.51. (c) At all times, the CITY shall use any improvements financed and constructed with funds provided pursuant to this Agreement for the purpose for which the improvement was intended and otherwise comply with federal property management regulations and standards. (d) CITY will provide CORPORATION with completed copies of performance reports required under 24 CFR 575.65 at least ten business days before such reports are due to the submitted to State. AGR~3 (e) In the event the Project is not completed or is delayed resulting in the State's demand for return of funds, CITY is obligated to reimburse to Corporation all funds contributed by Corporation from the ESP Grant made available by Corporation. 5. Compliance with Laws CORPORATION and CITY agree to comply with any and all applicable federal, state and local laws and regulations in performing their respective obligations pursuant to this Agreement. 6. Records and Administration (a) CITY shall maintain a financial management system which complies with Attachment G of OMB Circular A-102,. "Standards for Grantee Financial Management Systems." Exhibit (b) CITY shall comply with the requirements of Attachment B, "Bonding and Insurance", and Attachment O, "Procurement Standards", of OMB Circular A-102. Exhibit (c) CITY agrees to maintain such documents, records and accounts, including property purchased with nonfederal funds, personnel and financial records, and submit such financial reports as are required by the State to assure a proper accounting for all Project funds, as required by the regulations adopted pursuant to the Act. Grant records will be available for audit purposes to CORPORATION or State, any authorized representative thereof, and will be retained for three (3) years after completion of the Project, or resolution of any applicable audit issues, whichever comes last. -4- AGREE4 (d) CITY shall be accountable to CORPORATION for any and all Grant funds expended by CITY or any officer, employee or agent thereof, whether or not such officer, employee, agent or representative was acting within the scope of his employment. CITY shall repay CORPORATION the full amount of any improperly expended Grant .funds upon demand. (e) CITY agrees that CORPORATION has the right to monitor the Project to be completed pursuant to this agreement to insure compliance with the requirements of the Act as now or hereafter amended, the State regulations as now or hereafter promulgated pursuant to the Act, or guidelines developed by the Federal government for ministering and/or implementing the Project, the promulgations now or hereafter enacted by the CORPORATION, or any other statute, rule, regulation or guideline applicable to the administration and/or implementation of Community Development projects. 7. Political Activity CITY agrees that no funds shall be expended to finance any political activity in contravention of the ~Hatch Act found at Chapter 15 of Title 5 of the United States Code. 8. Use of Grant Funds for Religious Purpose CITY agrees that no funds shall be expended for the design, construction, operation, or maintenance of any facility to be used for sectarian instruction or as a place for religious worship. 9. Modifications The terms of this agreement may only be modified by the written consent of the parties hereto. -5- AGREE5 10. Assignment This agreement shall not be assigned by CITY' either in whole or in part without the written consent of the Chairman of the CORPORATION Board of Directors nor shall this agreement be assigned by CORPORATION either in whole or in part without the written consent of the Bakersfield City Council. b. Each party agrees to indemnify and hold the other party harmless from any and all claims, demands, liabilities, losses or cause of action which arise by virture of its own acts or omissions (either directly or through or by agents, officers, or employees) to such extent and in such part as the respective parties are found by reason of law to have proximately caused the injury or damage. c. The party against whom any claim (arising from the subject matter of this agreement) is filed shall give prompt notice of the filing of the claim to the other party. 13. Other Federal Requirements CITY shall comply with the following additional requirements in using State ESP funds. (a) Nondiscrimination and Equal Opportunity (1) The requirements of Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601-19 and implementing regulations; Executive Order 11063 and implementing regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2002D-1) and implementing regulations issued at 24 CFRPart 1; '--6-- AGREE6 (2) The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and the prohibitions against discrimination against handicaPped individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); (3) The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60; (4) The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u [see 24 CFR S 570.607(b)]; and (5) The requiremen'ts of Executive Orders 11625, 12432, and 12138. Consistent with HUD's responsibilities under these Orders, the CITY must make efforts to encourage the use of minority and women's business enterprises in connection with activities funded under the State ESP. (b) Applicability of OMB Circulars. The policies, guidelines, and requirements of OMB Circular Nos. A-87 and A-lO2, as they relate to the acceptance and use of emergency shelter grant amounts by States and units of general local government, and Nos. A-Il0 and A-122 as they relate to the acceptance and use of emergency shelter grant amounts by private nonprofit organizations. (c) Uniform Federal Accessibility Standards. For major rehabilitation or conversion, the~UniformFederal Accessibility Standards at 24 CFR Part 40, Appendix A. --7-¸ AGREE 7 (d) Lead-based Paint. The requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. SS 4821-4846) and implementing regulations at 24 CFR Part 35. (e) Conflicts of Interest.. In addition to conflict of interest requirements in OMB Circular A-102 and A-Il0, no person who is an employee, agent, consultant, officer, or elected or appointed official of the CITY, State recipient, or nonprofit recipient (or of any designated public agency) that receives emergency shelter grant amounts and who exercises or has exercised any functions or responsibilities with respect to assisted activities or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, wither for him or herself or those with whom he or she has famil'y or business'ties, during his or her tenure or for one year thereafter. (f) Use of debarred~ suspended~ or ineligible contractors. The provisions of 24 CFR Part 24 relating~to the employment, engagement of services, awarding of contrscts, or funding~of any contractors or subcontractors during any period of debarment, suspension, or placement in ineligibility status. (g) Flood Insurance. No site proposed on which renovation, major rehabilitation, or conversion of a building is to be assisted under this part, other than by grant amounts allocated to the State, may be located in an area that has been identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless the --8-- AGREE8 community in which the area is situated is participating in the National Flood Insurance Program and the regulations thereunder (44 CFR Parts 59J79) or less than a year has passed since FEMA notification regarding such hazards, and the grantee will ensure that flood insurance on the structure is obtained in compliance with section 102(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 400! e__t .seq'.). (h) Audit. The financial management system used by CITY as a unit of general local government shall provide for audits in accordance with 24 CFR Part 44 and the Single Audit Act of 1984, with requirements found in OMB Circular A-128. A private nonprofit organization is subject to the audit requirements of OMB Circular A-Il0 in compliance with the Single Audit Act of 1984. (i) Emergency Shelter Use. Notwithstanding any termination of this Agreement under para'graph 10, in'accordance with State ESP regulations at 24 CFR 575.53, any building for which emergency shelter grant amounts are used' must be maintained as a shelter for the homeless for not less than a five- year period, or for not less than a 10-year period if the grant amounts are used for a major rehabilitation or conversion of the building. 12. Indemnification and Insurance ~' CITY agrees to indemnify, defend (upon request by CORPORATION) and save harmless the CORPORATION, State, their agents, officers, and employees, and each of them, from any and all claims, liabilities, actions, or damages, for liability for injuries to person or persons, or damage to property or CORPORATION or third persons, arising out of the CITY'S actions, in its performance under this agreement. --9-- AGREE9 CITY is self-insured for liability. CITY shall maintain adequate reserves to cover any claims and liability which arise from the performance of this Agreement. CITY shall name the State and CORPORATION as additional insureds. 13. Concurrent Remedy No right or remedy herein conferred on or reserved to CORPORATION is exclusive of anyother right or remedy herein or by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. 14. Non Waiver No covenant or condition of this Agreement can be waived except by the written consent of the party waiving such covenant or condition. Forbearance or indulgence by such party in any regard whatsoever shall not constitute a waiver of the covenant or condition to be performed by the such party to which the same may apply and, until complete performance by the other party of said covenant or condition, such party shall be entitled to invoke any remedy available to it under this Agreement or by law or equity despite said forbearance or indulgence. 15. Incorporation of Prior Agreements and Amendments This Agreement ~contains the sum total of all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Agreement may be modified in writing only, signed by the parties in interest at the time of the modification. -10- AGREE10 16. Severability The invalidity of any provision of this Agreement, as determined by a court of competent jurisdiction, shall in no way effect the validity of any other provision hereof. 17. Authority Each individual executing this agreement on behalf of each party represents and warrants that he is duly authorized to execute and deliver this. Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms. 18. This Agreement shallbe in effect only during such time as the CORPORATION maintains its program in effect in Kern County under the Grant to the CORPORATION, except the CITY shall retain records as is required in Section 6 entitled "Records and Administration" of this Agreement. 19. Notices Any notices provided for in this agreement shall be deemed properly delivered if personally served upon the Executive Director of the CORPORATION or the City Clerk of the CITY or if sent via the United States Postal Service, postage prepaid, and addressed as follows: If directed to the CORPORATION: Bethany~Service Center 407 Baker Street Bakersfield, CA 93305 If directed to the CITY; Community Development City Clerk of City of Bakersfield 1501Truxtun Avenue Bakersfield, California 93301 AGREEll IN WITNESS WHEREOF, CORPORATION and CITY have caused this AGREEMENT to be executed by their respective officers on the day and year firs above written. RECOMMENDED AND APPROVED AS TO CONTENT: GEORGE GONZALES, Coordinator Community Development By APPROVED AS TO FORM: CITY OF BAKERSFIELD ARTHUR J. SAALFIELD By City Attorney CLARENCE E. MEDDERS, MAYOR By COUNTERSIGNED: GREGORY KLIMKO Finance Director CITY OF BAKERSFIELD BETHANY SERVICE CENTER By CLARENCE E. MEDDERS, MAYOR Bruce Ball, Exec. Director By Glover Walden, President -12- AGREE12 ' ' "~'- ~ DEPT. OF GEN. SE ~ATE ~F CALIF~NIA , , TI'II~ AC;REEMENT, made a.d enlered into this ~s~ date o[ _ ~ch .., 19 ~, i" ti.. Stale -[ C~lifor.ia, by and ~tw~n State of ~lifornia, through its duly el~t~l or ap~imed, qualified a.d acting D TIT~[ O~ OFFICER I Hous~nq an~ Co~un~v Deve[o~n~ I 88 D[EeC[O~ ' ' ' - ~(~t..jler ~/~'d the ~mlra('lur.I CONTRACTOR'~ ~qTNESSE'iq'k That tl~e ~ntraetor ~or and in ~nsideration of the ~venantg ~nditlong agreementg ami slipulalions herPina[ler expre~ed, d~ hereby agr~ Io ~urnish Io the State s~rvie~ and materials, as [oilows: · ', . (~t /,rib xermce to J~' ~¢Rdered 1~ (~ntroc'tm. emu, hi 1o Ix, lmld C~ntrnclor. lime/or I~Jormon~' or mnipl¢tiotl, mid attach plan, arid UlWCl/icall¢m,. ~his agcee~n~ vill pc0vide o~Eici~l no~i~ica=ion* o~ [he *9~an[ 'avard under administration of 'the'"F~eral ~rgency 'Shelter' Gr~ts 'Pr~r~ for Non~ntitlemenC. · jurisdictions p~su~t.'to the provisions of Section 101(g), P~lic Law 9~500, 24 CFR Part 575, ~d California Health & Safety C~e 50406. In accepting this grant awed, the Grantee agrees 'to 'co~ly with the te~ ~d 'conditions of this agre~ent' ~d all attac~ents hereto, the representatio~ contain~ in the Gr~tee"s' application"(hereinafter "the Application"), which is hereby inco~rat~.:by reference ~ if 'set fo~ in full, ~d the r~uirements .of the authorities citi~ ~ve;" .. .. CONTINUED ON SHEETS, E~C~ BEARING NA~E O~ CONTRA~OR AND'CONTRACT NUMBER.' The I)r{~vi~,,l~S ,m the reverse s~deher~){ constJhl[e, p~r[ o[ this IN WITNSSS ~HEREOF. Ihb.',~mm~t ]m~ be~n exec,lted by lhe l)3r[ie~ here[o, ilion [he d~le [irs[ ~[mve ' SIAIE OF. IFORNIA , '..; · ,,' : CONTRA~OR Depar~ent of Ho~ing '~' 'Co~u,~nitv Development C~ tV of ~k~d BY (AUTHORIZED ~I~NATUR~ ~Y IAUTHOR~ED ~I~NA~R~  " ~ PRINTED NAM~ AND TIT~[ O~ PERSON 5~NING . TtT~ .' . / ~DDRESS ' -AMOUNT ENCUMBERED ~ROGRAM/CATEGORY ICODE AND TIT~ I FUND TI~ ~ ' 39,038 20 Country Affairs ~ ~F Department of General Services U.~NCU~.~.E~ .~NC~ ,O~,o~ USE~ FCN 14- 231 Use Only $ 2620/25243 -' 530,322 ~620/~52~-S8,716 S 2240-101-890 ~ 135 1987 1987/88 $ 661'701 / Jwrt'//~/e'erllJ~/.~.,n m~ o~t,n pt, r~/ngl ~'~om/t'dRe that b.d~,(.ted J. nds are T.B~ No. B.R. NO. X /~'e. ~wmp/ied .qlh .nd Ih~ d.r.m~nl L~ ~empl /r~m~ re~iem hF Ihe ~epnrlme~zi ~/ SIGNATURE OF OFFICER SIGNING ON BEHA~ OF THE AGENCY ~ DATE