20392-000 •
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_Auditor AUG 2 6 1988 CZ.-)--‘1.\- -Af.,,a3s,.,0
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CJ
CITY ATTORNEY OF LONG BEACH
993 WEST OCEAN BOULEVARD
LONG BEACH. CALIFORNIA 90802
TELEPHONE 590-6061
L-18 (1/77)
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1 C O N T RAC T
2 20392
3 THIS CONTRACT is entered into, in duplicate, effective
4 as of July 1, 1988, pursuant to a minute order adopted by the
5 City Council of the City of Long Beach at its meeting held on
6 the 19th day of April , 1988, by and between CALIFORNIA POOLS FOR
7 THE HANDICAPPED, INC. , a nonprofit California corporation , with
8 offices located at 6801 Long Beach Boulevard , Long Beach,
9 California 90805, hereinafter referred to as "ORGANIZATION, and
10 the CITY OF LONG BEACH, a municipal corporation, hereinafter
11 referred to as the "CITY" .
mil- 12 WHEREAS, the Organization provides human or social
caml7O''= 13 services, to low-income residents of the City; and
L 3m o°
UpiVcg t�
�'8 14 WHEREAS, City wishes to support said services through the
ccr5c
gQ3mt 15 provision of funding within an agreed maximum amount based upon
9 16 units of service; and
17 WHEREAS, the City Council has authorized the City Manager
18 to enter into a contract with Organization that provides the
19 following:
20 1. Grant funding within an agreed maximum amount;
21 2. Program Accountability by the City; and
22 WHEREAS, the Organization agrees to perform said human
23 or social services and provide the City with all the information
24 and supporting documentation as required herein;
25 NOW, THEREFORE, in consideration of the terms and con-
26 ditions contained herein, it is mutually agreed by and between
27 the parties hereto as follows:
28 Section 1. Organization shall provide direct and
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1.99(1085)
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88 All Gad P2 : 13
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1 indirect human or social services to low-income residents of the
2 City of Long Beach based on Intake and Assessment, pursuant to
3 and in accordance with the provisions of Attachment "A" entitled .
4 "Statement of Work ," which is attached hereto and made a part
5 hereof by this reference.
6 Section 2. The term of this contract shall commence
7 upon the date of execution by the City Manager and unless sooner
8 terminated pursuant to the provisions hereof, this contract
9 shall terminate at midnight on June 30, 1989 , except as otherwise
10 provided herein. The contract may be extended by mutual agreement
11 if the City Manager determines that Organization needs additional
SBA12 time to perform the contract. Organization shall have the right
ts7O''= 13 to terminate this contract in its entirety at any time during
m°�n
m 14 the term hereof for any reason whatsoever by giving thirty (30)
cc y O 0
O O 2 2 L
-)Qm, 15 days' prior written notice of termination to the City, and the
16 City shall have the right to terminate or cancel all or any part
17 of this contract at any time during the term hereof for any
18 reason whatsoever by giving five (5) days' written notice of
19 such termination and cancellation to the Organization. If either
20 party terminates the agreement, all unspent funds held by the
21 Organization under this agreement shall be returned to the City.
22 Section 3. Organization shall affirmatively and
23 aggressively use its best efforts to seek and obtain all possible
24 outside funding available for the services identified in this
25 contract. Total disbursements made to the Organization under
26 this contract by the City shall not exceed the amount of
27 $10, 000. 00.
28 Upon the execution of the contract, the City will dis-
2
L.99(1085)
. • ` 't
1 burse one half (1/2) of the authorized fund to the Organization.
2 The disbursement of the balance (second half) will be made if
3 the performance for the first six months is satisfactory.
4 Section 4. Organization' s records relating to the
5 performance of this contract shall be kept and maintained in
6 accordance with generally accepted accounting principles and in
7 the manner and method prescribed by the City. The Organization's
8 records will be current, complete and shall be available for
9 purposes of inspection and audit during business hours as deemed
10 necessary by the City Auditor or any other representative of the
11' City. The Organization shall provide access to all documents
12 and materials relating to Organization and to the Organization' s
oc'o'E 13 operations, and Organization shall provide any information that
.c 00300
a�$°et 14 the City Auditor and other City representatives require in order
za,,�0
9'088. 15 to monitor and evaluate Organization' s performance. Organization
U B 16 shall provide all reports, documents or information requested or
17 required by the City within three (3) days of either a written
18 or oral request from a representative of the City, unless a longer
19 period of time is otherwise expressly stated by said representative
20 of the City. On the quarterly basis, the Organization shall
21 submit the performance reports which have been certified by one
22 of Organization' s officers which indicates the required perform-
23 ances specified in Attachment "A" .
24 Section 5. In the performance of this contract, the
25 Organization shall not discriminate against any employee or
26 applicant for employment or service because of race, color ,
27 religion, ancestry, sex, national origin, handicap or age . The
28 Organization shall take affirmative action to assure that
3
Lamm)
1 applicants are employed , and that employees are treated during
2 employment or services without regard to their race , color ,
3 religion, ancestry, sex national origin, handicap or age. Such
4 action shall include, but not be limited to, the following:
5 employment, upgrading , demotion or transfer; recruitment or
6 recruitment advertising; layoff or termination; rates of pay or
7 other forms of compensation; and selection for training , including
8 apprenticeship.
9 The Organization shall permit access by the City or any
10 other agency of the county, state or federal governments to
11 Organization's records of employment, employment advertisements,
p$_ 12 application forms and other pertinent data and records , for the
E _
��Fm oM 3 purpose of investigation to ascertain compliance with the fair
d t&e 14 employment practices provision of this contract.
L'C'o cc o
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-,. cog 15 Section 6. It is distinctly understood that in the
0
U -' 16 performance of this contract. Organization' s obligations to and
17 authority from the City are solely as are. prescribed by this
18 contract. Organization expressly warrants that it will not, at
19 any time, hold itself out or in any manner represent that the
20 Organization or any of its agents, volunteers, subscribers ,
21 members, officers or employees are in any manner the officers,
22 employees or agents of the City. Organization shall not have
23 any authority to bind the City for any purpose at any time during
24 the term hereof. Organization or any of Organization' s officers,
25 employees or agents shall not have any power or authority as
26 agents or employees of the City and shall not be entitled to any
27 of the rights, privileges or benefits of a City employee.
28 Section 7. Organization may not delegate its duties or
4
L49(1085)
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1 assign its rights hereunder, either in whole or in part, without
2 the prior written consent of the City.
3 Section 8. Organization expressly agrees to defend ,
4 protect, indemnify and hold the City, its officers, employees
5 and agents, free and harmless from and against any and all claims,
6 damages, expenses, loss or liability of any kind or nature
7 whatsoever growing out of, or resulting from the alleged acts or
8 omissions of Organization, its officers, agents or employees in
9 the performance of this agreement; and Organization shall at its
10 own expense and risk, defend all claims or legal actions that may
11 be instituted against either the Organization or City, and Organ-
II- 12 ization shall pay any settlement entered into or satisfy any
t`
'°'''_, 13 judgement that may be rendered against either Organization or the
m°o
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�,�_� 14 City as a result of said alleged acts or omissions of Organization,
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0613 a, 15 its officers , agents or employees in the performance of this
Oc13 16 agreement.
17 Section 9. Organization shall procure and maintain in
18 effect during the term of this contract a policy of Workers'
19 Compensation Insurance or provide a certificate of consent to
20 self-insure, as required by the provisions of Section 3700 of
21 the Labor Code of the State of California.
22 Section 10. Organization shall procure a blanket honesty
23 bond in the amount of not less than Twenty Five Thousand Dollars
24 ($25 ,000) to safeguard the proper handling of funds by those
25 agents or representatives of the Organization who sign as the
26 maker of checks or drafts or in any manner authorize the disburse-
27 ment of said funds or expenditure of the funds.
28 Section 11. Prior to the execution of this contract
5
499 x085)
1 by Organization, Organization shall procure from an insurance
2 company which is either authorized to do business in the State of
3 California or otherwise acceptable to and approved by the City
4 Risk Manager , and shall maintain in full force and effect during
5 their term of this contract a policy or policies of comprehensive
6 general and automobile insurance protecting the City, its boards,
7 officers, agents and employees and volunteers as additional
8 insureds from and against claims, demands, expenses, costs or
9 liability for injury, damage, detriment, loss or harm to, or death
10 of persons, or injury to or loss or damage of property caused
11 by, resulting from, arising out of or in any manner connected
A S 12 with, or attributable to Organizations operations or performance
o°DO= 13 under this contract. Such policy of insurance shall be in the
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1588RR 14 amount of not less than $1 Million Dollars ($1, 000 ,000) combined
tE«oo
gQ�ma 15 single limit per occurrence or $2 Million Dollars ($2 ,000 ,000)
U 3 16 aggregate and shall be in a form acceptable to the City Manager.
17 Said insurance may be subject to such deductible or self insured
18 retention as may be approved by the City Risk Manager .
19 Section 12. Prior to the execution of this contract
20 Organization shall deliver all policies of insurance mentioned
21 herein or certified photostatic copies thereof to the City Manager
22 or his designee for approval. When said policies of insurance
23 have been so approved , Organization may substitute a certificate
24 of insurance issued by the respective insurance companies certify-
ing that said insurance coverage is in full force and effect and
26 that all operations of the Organization under this contract are
27 covered by such insurance. Upon the filing of said certificates,
28 the policy or policies shall be returned by the City to the
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L49(1085)
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1 Organization.
2 Said policy or policies shall provide for thirty (30)
3 days' advance notice to the City Manager of cancellation, and
4 shall stipulate that said policy provides primary coverage and
5 is not subordinate to nor contributing with any other insurance
6 coverage held or maintained by the City. Policies written on a
7 "claims made" basis shall provide for an extended reporting
8 period of not less than 180 days. No claims made policies shall
9 be acceptable to City unless the City Manager determines that no
10 occurrence policy is available in the market for the particular
11 risk being insured. Any modification or waiver of the insurance
83 12 requirements contained in section 9 through 12 of this contact
L�m°o� 13 shall only be made with the written approval of the City Risk
ceC•-M
°°UU� , 14 Manager in accordance with established City Policy.
Ca�VC
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Q�m� 15 Section 13. All notices given pursuant to the provisions
zi;2113
c J 16 hereof may be served either by: (1) enclosing the same in a
17 sealed envelope addressed to the party intended to receive the
18 same at the address indicated herein and deposited postage prepaid ,
19 in the U.S. Postal Service as certified mail, return receipt
20 requested , or (2) personal service. Such notices shall be deemed
21 served on the date personal service is effected or the date of the
22 signature on the return receipt, whichever is applicable. For
23 purposes the hereof, the address of the City and proper party to
24 receive any such notices in its behalf is the City Manager , City
25 Hall, 333 West Ocean Boulevard, Long Beach, California 90802;
26 and Organization's address for service of any such notices shall
27 be 6801 Long Beach Boulevard , Long Beach, California 90805.
28 Section 14. The City Manager or any designee of the City
7
L99(1085)
(Corporation)
! STATE OF CALIFORNIA
SS.
COUNTY OF LOS ANGELES
A J/
On — . . I d i bef• me,the dersigned,a Notary Public in and for said
r 1 State,personally .feared �— - �:�_ _, ,
and /. ���I _ •
la ( )personally known to me or( V)proved tome on the basis
m
i of satisfactory ev. ence to be a person(s)who ex •. ed the within
w in u nttaa�. r W. - - .
yii -bti
-t b a ofihe corporation therein named and acknowl-
edged to me that the corporation executed it. 1 OFFICIAL SEAL 1'
lWITNESS my hand a I. official seal. X4!7 G SUSAN PAUL
/ 1 P ��� NOTARY PUBLIC-CALIFORNIA
Signature ' �u� �/1 ) 4 - My comm.l expires�APR 3, 1989 ■
Name(Typed or Printed)
L-to (8/82) (This area for official notarial seal)
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Manager is authorized and directed, for and on behalf of the
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2 City, to administer this contract and all related matters, and
3 any decision of the City Manager or his designee in connection
4 herewith shall be final.
5 Section 15. This document fully expresses all under-
6 standings of the parties concerning all matters covered and
7 shall constitute the total agreement. There shall be no addition
8 to or alteration of the terms of this agreement, whether by
9 written or oral understanding of the parties, their officers,
10 agents or employees , unless made in writing and formally adopted
11 in the same manner as this agreement.
BEN 12 IN WITNESS WHEREOF, the parties hereto have caused this
=mom contract to be duly executed with all the formalities required
0 0E 13
L°m 0 L
cO8U8 14 by law on the respective dates set opposite their signatures.
a CYVC
oQ3m� 15 CALIFORNIA POOLS FOR THE HANDI-
c� CAPPED, INC. , a nonprofit
U 3 16 California corporation
17 -GV , 1988 BY d� .I i1
18 Presiden " .4 ,
19
c , 1988 By 3 -q47 r -•e-
20 Secretary o -t%KCB
21 "ORGANIZATION"
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L-09(10.85) i,
CITY OF LONG BEACH, a municipal
1 corporation
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, 1988 B L.//._ ./`
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7 ity anager
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"CITY"
CITY
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6 The foregoing Contract is hereby approved as to form this
7 ii'C - day of (1.t, .tr7f—, , 19b Q U.
8 JOHN R. CALHOUN, City Attorney
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By � s10 Deputy
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7-26-88
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Boilerplate/Regular (B)
Health 9
1.4900a8
I . Contractor
California Pools for the Handicapped, Inc .
6801 Long Beach Blvd.
Long Beach, California 90805
Evelyn duPont, Executive Director
W. Joe King, Assistant Director
Project title - "Hydro-Therapy"
II. Contract Period: 12 months
III. Project Description:
The Hydro-Therapy Project is to provide approximately
208 units of service per month for a maximum of 2500
units during the period of this contract from Tuesday
through Friday, 9:00 a.m. to 4 :00 p.m. and Saturday,
9:00 a.m. to 2:00 p.m.
Units of Service to be provided are as follows :
Direct Services 208 units/No.
Total units 2500
IV. Project Performance:
It will be the responsibility of the California Pools
for the Handicapped, Inc. to provide the following dir-
ect services to residents of the City of Long Beach who
are disabled ( a physical, neurological, psychological,
sensory, or other impairment whether permanent or temp-
orary that limits one or more life functions) or a sen-
ior citizen ( fifty-five years old or older) :
1. Minimum of three one hour exercise-classes con-
ducted in the warm water pool by a certified instructor
of the National Arthritis Foundation or other health
care agency.
2. Open use of two warm water pools for therapeutic
swimming and self-directed exercise routines.
3. Scheduled use of two warm water pools for agencies,
institutions, or other groups to provide therapeutic,
rehabilitative, or socio-recreational activities .
ATTACHMENT "A" OF...2 PAGES
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V. PROGRAM CONDITIONS AND STANDARDS FOR PERFORMANCE
The contractor shall:
A. Maintain daily sign-in sheets for all serviees re-
quested, those delivered and those not delivered.
B. Insure that a completed, accurate intake
and assessment form is on file for each client/family.
C. Certify that each participant is eligible for ar-
ticipation in the program (including residency) .
D. Maintain sign-in sheets of all participants in group
education activities .
E. Maintain individual participant folders on all current
and former participants . Such folders must contain
copies of all client records including the following
items wherever applicable: intake forms, personal,
medical, academic histories and test scores, records
of services provided, type of referrals made, all
follow-up certificates earned, type of termination.
F. Certify that no person because of race, creed, color,
religion, sex, age, handicap, national origin or polit-
ical affiliation be discriminated against in any act-
ivity.
G. Provide a quarterly report which contains details of
activities in a format as prescribed by the City.
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VI. ELIGIBILITY REQUIREMENT
Individuals receiving service must be a resident of the City
of Long Beach. Eligibility will be reviewed by an intake in-
terviewer to determine that information contained in the
intake is correct. Documents necessary to determining
eligibility are as follows:
A. Proof of Residency
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1. Social Security card or an official document showing
social security number.
2. At least two (2) of the following documents to verify
correct address within the Long Beach city limits :
a. California driver's license or DMV I.D.
b. Utility bill showing name and address
c. Voter's registration card.
d. Bank statement showing name and address.
e. At least two (2) pieces of correspondence bearing
name, address, and a recent postmark (within the
last thirty (30) days) . (This counts as one (1)
item. )
ATTACHMENT 7
PAGE a2 OF ..- PAGES
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f. MediCal stickers or a recent document from-the
department of Public Social Services (DPSS) .
g. A rental agreement or signed lease agreement.
VII. CLIENT RECORDS •
The following documents must be kept in each clients folder
as proof of service:
1. Intake form which certifies the participants
. eligibility.
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2. Copies of residency requirements as prescribed in
item V.A. of this statement of work.
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3. Necessary documentation describing services pro-
vided (must provide the City with copies of all,
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forms to be .used in this project by
for review and approval as prescribed in V.D. ) .
VIII . ACCOUNTING REQUIREMENTS
A. Maintain a bank account and perform monthly bank recon-
ciliations.
B. Designate specific employees to perform each of the
• following functions:
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1. Receipt for goods and services provided to Contractor
2. . Approve the purchase of goods and services for
Contractor
3. Improve employee time sheet, and provide the City
with a list of same (the designee for (1) and (2)
cannot be the same person) .
C. Deposit all receipts in the bank account promptly and •
• intact. (DO NOT pay any expense directly out of cash
receipts.)
D. Maintain bank validated copies of every deposit slip in
chronological order. Each deposit slip should include
sufficient detail to 'explain the source of the funds
being deposited. (This may be done by recording the •
detail on the deposit slip or by attaching supporting •
documentation which may have L_en received with the
receipts . ) . .
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• E. Disburse all funds by check, preferably signed by the
and board officer as provided by • policy,
neither of whom is the bookeeper, accountan , accounting
clerk or whomever maintains the accounting records.
F. Maintain documented support for every check written whit '010. should include:
• • ATTACHMENT ri
• PAGE...° OF . , PAGES
original invoice from vendor;
indication by signature and date by an autorized
employee that the goods or service was received
by the Contractor. (This may be done on a separate
• receiving report, a copy of a packing slip or the
invoice itself. ) ;
indication that the goods or service was approved
for purchase by an authorized employee. (This
should be by signature and date and should appear
on the invoice or on a purchase order or purchase
requisition if such is used by the Contractor. )
G. Keep the following records in an orderly fashion:
bank statements and bank reconciliations;
deposit slips and supports; •
checks and supports;
time sheets;
cash receipts and cash disbursements journals;
requests for reimbursement and supports;
monthly financial statements.
H. Maintain individual participant files to include,
but not be limited to items as outlines in Section
. ' ( T.A. ) and (V.L. ) .
I. Maintain and file all required tax and personnel
reports with appropriate agencies .
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ATTACHMENT 4
PAGE V OF... PAGES
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VII. PROGRAM BUDGET $rrlorles and Qone(lts . •
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• YourAgency'a Total Operating Budget for the 12
' months:
From ,1e_ Proposed budget-Requesting'Year '
A. SALARIES-List positions and Identify Full or To 9
Part Time Equivalent. i •.
FTE PTE TOTAL OTHER CITY :.,
7t'•T': OTHER CITY. •
I. ?.. Pool Manager - X 3j334
2; Lifeguard/Instructc r X '• 3,333
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3, Lifeguard/Instructc r X : .
3,333
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4.
5. I
6.
7. y
8.
—
9.
10. • - i.
12. ;
13. �..
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14. �.
15. a
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16.
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+ W,
S. BENEFITS- List each benefit ,
1. Q 1-
3. Q
a
4:
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C. TOTAL PERSONNEL ••PROGRAM BUDGET .
(A & B)
10. . 000 '•
s +
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Vii. PROGRAM BUDGET-Operating Ex enaes/Ca Its • • '�
P p 1Outlay ,.
Your Agency's Total Operating Budget for the 12 I•:''
months:
F
r,:.::
rom ,19 Proposed Budget-Requesting Year
To ,19
• D. OPERATING EXPENSES TOTAL OTHER CITY 'r
A. Rent 'TOTAL OTHER CITY
2: Utilities _0— ;
3. Telephone ... .- _0—
I:
4. Mileage r
5. Office Supplies — 1,,
—0_
G. Program Supplies
• 's
—0—
7. Maintenance Supplies —0_ �:
8. Conferences/Conventions —0—
t .
9. Consultant Services -0_
10. Insurance
—0—
11. Advertising
—0—
12. (Othor)Postage/Printing •' —0_
13. (Other)Pagers r:.
—0— N ! ,' '
14. (Other)Assistance to Needy —0_■
-.. E. TOTAL OPERATING BUDGET • I .
—0— h
F. CAPITAL OUTLAY _0_ Vic_
• •
1• .
•
3. —0— Z
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4• _ —0—
_0_ u
• a
0, -
•TOTALCAPITALOUTLAYBUDGET _0_
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• t,o-
• H. TOTAL PROGRAM BUDGET I
(Total from lines p, E, & G) 103000 :'