HomeMy WebLinkAboutContract 27194�iT.Y ���R�'�A�Y
:�NTRACY N�. _, "_'��
STATE U� TE�AS g
COUl�TTxE� OF TARRAi�3T �
A1VD �E1�1T01\T
C�TY OF FORT W4RTH PROVIDER AGREEl�E1�T
TAI� contract is entered inio 6y and between the City o� Fort �Vorth ("City "), a
home-rule mutucipality in the Staie of Texas, acting through Charles R. Baswell, its
duly authorized Assistant City Manager, and Ck�ild Care Associates ("vendor"),
acting through Mr. John A. Whitcarnp, iis duly authorized Execut�ve Dirc:ctor. 'Fhis
contract entered into with specif�c reference to a grant agreement between Ciiy and
T`exas Workforce Cammissivn ("TWC"} far the transfer of funds, on file with the
State of Texas as Chi1d Ca.re Tran�fer Expenditures Cvntract, Uniform Cont7ract
Number 0502CCT003; Purchase of Ser�ice (PQS} Number 03Q90T02 FY02.
The term of the contract will cover ihe time periad beginning September 1,
2001 and end August 31, 2002,
Ver�dor will pravide child care services for families �ertified as "At Risk" for
direct child care. At Risk, according to Title VI of the Personal R�sponsibility and
Work Opportun�ty Reconciliation Act of 1996 (PRWORA) for the Chi.ld Care
Dev��opment Programs, describes families whose parents are working and need
child care to keep their jobs. Th�ir xncome must be at ar below 150°/a of Federal
Poverty Income Limit. They mus� pay a parent fee, ba�ed an their i�ncome and they
must noi be recei�ri�g Aid to Families with D�pendent Children (AFDC).
Vendor agrees to provide services, contingeni upon approval and receipt of
adequate funding �or the Title VI A�-Risk Child Care Program of the Texas
Workfnrce Commission. This cantract is subject to availability o�Local, State, and
F�dexal funds. If funds are unavailable or r�duced, written notice wi11 be given af
termination, payment suspension, or funding reduction.
VEndor agrees to provide the Child Care M�nagement System (CCMS} with
the proper information and docum�ntation to allow the CCMS to determine the
eligibility and the prop�r Uni# Rate for each child. CCMS will be r�sponsible in
charging the proper Unit Raie per child. The Unii Rate will be detertnined by the
rat� establis�ied by the Local Workforce Development Board (LWDB). The LWDB.
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uses the current Child Care Management System (CCMS) Maximum Rate for
Tarrant Cou�ty.
Vendor will receive 100% reimbursement for services render�d to At-Risk
eligible children from Child Care Management System (CC1V�S}, not to exceed
$122,397.
The terms outlined in Title VI of Personal Respansibility and Work
Opport�.anit}� Reconciliatzon Act a� 1996 (PRWOR.A) far the Child Care
D�velopm�nt Programs allow cities to use local funds allocated �or child care as a
match to access additional �ederal funds �o �zovide additional chifd care services.
For ihe purposes of this agreemeni, Community Development Slock Grant (CDBG}
wi11 be used as ihe local match.
'�'he Ciiy will disbt.u�se CDBG amonies as �he Iocal match in the Amount up to
$48,709 to the Local Workforce Developrrient Board (LW'DB) on a reimbursement
basis followirig rec�ipt oi a monthly report o� certified "At-Risk" children served
from the LWDB. The LWDB w�11 reimburse the Texas Work�orce Comrnission the
local matck� {39.83%).
The City and �he vendar furth�r agree to abide by the following terms of this
contiract, herein referr�d ta as "agreement" or "contract":
1. Either party may end this agreement immediately if the parties are unable or
unwilling iv make amendrnenfs to ihe agreement vvhich may become
n�cessary to continue the agreement because of
- A change in stat� or federai laws;
- A reduciion in or exhaustian of available state or federal funds;
- A char�ge iz� T'�C ox other requirements.
Any obligations ineurred by either party before the termination date vf this
agreement must be met. Termination of this agreeme�t does not release the
vendor from the requirement to keep records and allow access to r�cords far
three years and 90 days.
2. This agreernent may be canceled by mutual consent. If such mutual consent
cannot be attained, the vendor or City may give thirty (30) days written
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notice to the ather party and this agreement shall be texminated upon the
expiration of the thirty (3d) day p�riod. This provision does not rule out
immedia#e �ermination ailow�d in paragraphs 1 and 2.
3. Th� vendor will carry a minimum of $204,000 per occurrence o� liability
insurance for the entire time period covered by �lie agrecment. Th�e vendox
will indemnify Gity for clazms of injury resulting from the vendor's �rovision
of child care under this agreemeni.
4. Child care programs administered by independent school distr�cts, including
pre-kindergarten programs, by a s�ate college or university or by the federal
government are exempt firom the liability insuranc� requirements cit�d in
paragraph 4 above (40 TAC �10.3�45).
5. The vendor accepts as payment in full the approved rate{s) for caxe and
transportatiion as described in this agr�ement, for authorized enrollment days,
reduced by the assessed parent fee amount or child care subsidies (where
applicable) and any previaus overpayment{s).
T'l�e vendox accepts as payment in �ull the aufhorized inc�usion assistance
rates reduced by the assessed parent fee amount or child care subsidies
(where applicable) and any previous a�erpayment(s) a� described in this
agreement. The vendo:r is authvxized by City ta receive additional
�eimbursement only far individual chiidren tha� the City and vendar agree
need extra adult assist�nce. The amount of the inclusion as�istance rat�
(�.50% ox 190%) is based on �he amvunt of assistance needed and is
determin.ed by City.
6. Th� vendor musi comply with applicable locallstate licensing and registration
requirements.
� The vendor must have a valid license (provisional or permanent) or
registration in orde:r tv become a vendvr.
� The lic�nse or registration must be rnaintained at aIl times during this
agreement.
7. The �rendor xnust have a valid agre�ment prior �o receiving City re�e�red
children and will only be paid for delivering child care services on or aftex
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the e�ftec�ive date and on or be%re the termination date of the agreement. To
be valid:
� This agreement must be signed and dated prior to or on the effective
date of the agreement.
� A new agreement must be catx�pleted if tl�e vendor receives a new
license.
� Th� agreement ma� r�ot cover any period of tim� where ihe vendor
does not hav� a valid Iicens� ar registration such as during the
application phase that licensing allovsrs. ��
• The vendor must be insured as required in paragraph 4(note exeeption
in pa:ragraph 5).
S. This agreem�nt autharizes th.e placement of City of Fort Wo� children on�y
in il�e specific facility at ihe specific location identifi�d on this agreem�nt.
* The vendor may not transfer the vendor agxeement to any o�her entity,
facility or location.
� The �endor may not move City referred children to anoiher facility
witk�out the prior approval and consent of City.
� The vendor may submit bills only for authorized City r�fe�red children
under City authoriz�d condi�ions.
9. The vendor mu�� inform City prior tQ changes in:
- the nam� of the facility;
- ownership, goveming body or corporate status;
� the contact person;
- the locarion/address o�ihe facility;
- the conditions ar status oi the license or registration;
- scheduled hol�days;
- hours of the program;
- ages of the children served;
- publish�d xates and/er fees,
- transpartation pol�cies;
-- liability insurance coverage; or
- any other chan�as to child care services providcd.
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� The v�ndor must in�orm City immediately of any anticipated changes
that will affect the terms of this agreemen� or the nature of the child
care services provid�d.
� Failure to inform the Ciiy about any of these changes be�ore their
occuzrence may result in adv�rse actions against the v�ndor.
• Depending upon the nature o� the changes, City will determine
whether a new or amend�d agreemenf is required or if only updates �o
the Vendor Data Worksheet are nec�ssary.
10. Adverse actions against the vendor include but are no� limited to:
- suspension, iermination or non-renewal of the agreement;
- the closing of intake;
- removal of City referred childre�;
- temporary withholdi�ng of payments;
- non-payment for child car'e services delivered; and
- recoupment of funds paid to the vendor.
• City will terminate this ag�reement if
-- fihe vendor loses its lic�nse or registration status;
- th� vendor is not insuxed as r�quired.
� City may ierminate this agreement if:
-, serious corrective or adverse action(s) are taken by the �tate-
licensing agency;
- there are cvntinued non-compliances with sta�e or local
licensing requirements;
- there are continued non-compliances with vendor xequirements;
or, �
- an owner or emplayee of th� vendor is convicted of fraud.
� The v�ndor will not receive payment for any child care services
provided during any time period not covered by:
- a current license o� registration,
- the required amount o£ liabiliiy insurance, or
- a current agreement.
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� The vendor will also not receive paymeni for any child care services
provided for any child on any day that the number of children
aitending exceeds the lieense/regisiered capacity of �he facility.
11. All childxen mt�st be treated fairly and equitably regardless of race, color,
national origin, age, sex, disability, political beliefs, type of faciliiy or
religion. Parc;nt choice will be honored in deiermining child care
arrangements to tha e�tent required by the funding source for the parentichild
involved, �
12. The vendor will comply with Title VT vf t�ie Civil Rights Act vf 1964 (Public
Law 88-352), Section Sa4 of the Rehabilitation Act af 1973 (Public Law 93-
112), The Americans Disabilities Act of 1990 (Public �aw 101-336}, the
Health and Safety Code 5ection 85.113 (relating to workplace and
conf dentially guidelines regarding AIDS and HN), and alI amendments to
each, and all requirem�n�s imposed by the regulatians issued pursuant to
these acis. In addit�on, the vendor ag:rees to camply with Title 44, Chapter
73, o�'the Texas Administrativc Cade. Thesa pravide in part that no persons
in the United States shall, on the grounds af race, color, natianal origin, sex,
age disability, poli�acal beliefs or reiigion be �xcluded from partici�ation in,
or denied, any aid, care, sexvice or other benefits provided by federal atad/or
state funding, or otherwise be subj�;cted tv discrimination.
The vendor will not discriminate against childr�n wi�h disabilitzes. The
vendor will also r�at discrimina�e against child�re� with ATDS. The vendor
will camply with the Health and Safety Code Section 85.113 by adopting and
iunpiemenfzng HI�TIAIDS workplace guidelines for employees and clients; by
providing educational programs for emplayees and clients; and, by
dev�loping and implementing guidelines regaxding canfidentia�ly of
HIVIAIDS relat�d medical information for emp�oyees and cXients serv�d.
I3. The vendor will comply with the require�n.ent of the Immigration Reform and
Cvntrol Act of 1986 regarding emplo�ment verificatiori and retention o�
verification farms for any individuals hired on or after November 6, 1987,
who wi11 per�arrn any labor or services under this agreement.
� 4. Th� vendor must inform appropriate vendor sta�� af alI relevani requirements
in this agreement and the Vendor Manual in arder to rnaintain compiianc�.
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Executed this _
Attest:
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ity s retary
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Approved for Form and LE
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City A�rney � - �
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contract Au�horizatian
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Joh� A. Whitcamp
Presid�nt & CEO
Child Care Associates
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_ , 2001.
CITY �F FORT WORTH
t ' '.� � . ���-�.
Charles R. Boswell
Assistant City Manager
STATE OF TEXAS §
COUNTIES �F TARRANT §
AND OENTON
BEFORE ME, the unders�gned au#harity, a Notary Public in and for tfi�e State of Texas,
on this day personally appeared John A. Whitcamp, known to me to be the person whose name
is subscrbed to the foregoing instrument and ack�owledged to me that the same was the act of
the Chi1d Care Assaciates and that he executed t�e sarne as the act o# said CFiikcl Care
Associates far the purpose and consideration tl�erein expressed and in the capacify therain
�
stated. -
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GiVEN UNDER MY HAND AND SEAL OF OFFICE this ' day af , A.D.
` 2�C�'{ .
.. ,�_..-,-., _. -�.� - -- - --- _ , _
,,,��"'�e�; : ROBERT E. �Uk(E JR. ,, � r L
_*� '*= NkY C4MMlSSIOiV EXPIRES , •
'_�• 'b= Na�ember� 200� : �iotary Pubfic in a��l �,r
' y�i�'�''�,r :�,� :� �.,�m�� the State af Texas
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STATE OF' TEXAS §
COUNTfES OF TARRANT §
AND DENT�N
BEFC�RE ME, the undersigned autharity, a Natary Public in and for the State a# Texas,
an this day personally appeared Charles R. Boswell, known #o me to be the person whase name
is subscribed to th� faregoing instrument and acknowiedged to me that the same was the act af
the City af Fort Wort� for the purpose and consideration therein expressed and in the capacity
therein stated.
GIVEN UN�ER MY HAND AND SEAL OF �FFICE this �l�day of , A.D.
����� 20D1.
�....
���Y A��� RQSELIA BARNES
NOTARYPUBLlC Nota Pub{ic in ar�d for
� �� St�te or �'exas N
��OP,,,� E�mm, �xp, 03-31-2ppg the Stat� of Texas
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DATE REFEREf�iC� NUMB�R L.OG NAM� PAGE
s�s�o� ����� ��ss 1 � a-rwc 1 - z of z
sua.��cT qCCEPTAiVCE OF ADDIiIONAL FUNDiNG AND CONTRACTS WtTH SERVICE
� PROViD��S �OR THE. TEXAS WORKFORCE COMMISSION TITLE VI . AT-RISK
CHILD CARE �EVEi.OPMENT FUN❑
RECOMMENQATION:
ft is recommended that the City Councii:
1. Appro�e the acceptance of g�ant funds in an amount up fo $461,875.0�0 iram the Texas Workforce
Cammission {TWC) in state �Y2Q01 (September 1, 2�Q�, through Aug�st 3�, 2�02} af the Ti#le Vi
of the Personal "Resp�nsibility and Work Opportuttity Recv�cif�atian Ac# (PRWORA) of 1996 far tt�e
Chiid Care"Development Program; and
2. AutF�orize the Cifiy Manager to ex�cute co�tracks with the fol[owing organEzations to pravide
additEonal c�ild care serv�ces, conting�nt �pon approval and receipt af adequate funding frorn #he
TV11C af ihe Titie VI Child Care De�elopment Prog�am. All contracts w911 begin September 1, 2001,
and expire August 31, 2002: �
a} YWGA of Metropolitan For� Warth in an amount not to e�ceed $141,334.00; and.
b} Clayton Child Care Services in an amount nat to exceed $56,349.a0; and
c} Child Care Associates in an amount not to exc�ed $122,39�.OD; and
b} YM�A �f �+1�rrc��c�l�;ar� ��t U�r�h l� �r� ar���t �ot � ��eed �'�'� �,5��.U0; �d �
�a;� Fort Worth Housing Au#hority, for the AMAKA i.earning Center in an amount not t� exceed
$28,174.00. �
-, D15CUSS�ON:
.:
The terms outlined in Title VI of the pRWORA of 1996 for the Child Care Dev�lopment Prograrn alEows
cities ta use local funds all�cated to child care services as a match to access additional federal funds to -
provi�e addit�onal child care services. �
For purposes of this prog�am� Communitg� Development Black Grant (CDBG) funds are considered to
b� "lacal #unds". The amounts requested are �etermined by a formula bas�d on CDBG funds being
spent on At-Risk Child Care during the period September 1, 20�1, through August 31, 20D2.
The Ci#y will pa�icipate in this local initiat��e agreement in collabara#ion with the TWC in ord�r ta
access �46�,815,00 in addi�ional child care fun�ing #or providers serv�ng the C�#y. In �his agreement,
the child care pro�id�rs will �eceive 100°/p reimbursement for servic�s rendered to Afi-Risk eligible
children from the Child Care Management Systems, not to exceed $481,875.00,
�'ity of �Qri �o�h9 Texas
� �� arrt�l a�r��Q (�c��rfm��;��t���
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pAT� REF�RENCE NUMB�R LOG NAM� PAG� .
i
819/0'f **�-9�69� I - -'l37WC 2 af 2
s�B��cT ,�1CCEPTANCE OF ADD�TlUNAL FUNQING AND CUNTRACTS WITH SERVlCE
PROVlDERS �OR THE TEXAS WORKF�RCE GOMMIS510N TITLE Vi AT-RISK
CHI�.D CARE DEVELOPMENT FUIVD _ _ _.
�n this transfer agreement, the TWC will reimburse tt�e Chifd Care Management 5ystem ihe federal �
sf�are (up to $278,064,'i5j, and the Ci�y will reimburse the TWC tn� lacaf share (up tv $�83,8�0.85) of
expenditures. The Gity wi�! designate up to $�83,810.$5 af CDBG f�nding as the locaf match. '
ln th9s local ini�iati�� agreement with the state, the City will naf be the recipient of any tederal funds from
the statB. The City wif) us� a partion of each ci��ld care provider's CDBG funding to provide the �ocal
ma#ch.
Each agency is responsi�fe for the fo�lowing amaunts of the lacai share;
• YUUCA of Metropolitan Fort WortF� in an amount not to exceed $56,246.20; and
• Claytor� Chifd Care Serv9ces in an amount not to �xceed $22,425.D0; and .
� Child Care Associates in an amount nat to exce�d $48,7a9.93; and
o YMCA of Metrapolitan Fort W�rth ir� an amo�nt not to exceed $45,297.39; and
.• Fort Worth Housir,g Authority, fvr th� AMAKA l�earning Center in an amount nat to exceed
$1'E,2� 2.3a.
FISCA�. iNFORMATION/CER7I�ICATiQN:
�
TF�e Finance Director certifie� that fur��s are available in ti�e current operating budget, as appropriated,
of the Grants F�nd.
�
; CB:n
Submftted far City Manager's
Office by:
Charles Bnswelt
Originafing Departme�t Head:
Jim Keyes
Addittonal Informatian Contact:
�rank Marrera ,
-- � FIIi�ID � �cea�cnvT f
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85 ].1 � �
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85 Z 7 � (&om)
_ � GR76
GR76
r GR78
� GR76
7536 � GR76
CENTER _J AMOUNT _ CITY SECRETARY _
53919Q 01320669749C?
539110 013206697480
53999D 0132D6697450
539i10 01320869746Q
539110 413208697�70
_ 1
�
$22,425.02 �
$45,217.39
$56,246.2� �
$48,709.93 j
$11,212.30 �
R�'��OV�D
��TY C�Ui�C#L
�',UG 9 �OQ1
�¢u� ���
City Secrelar�y dt tl�e
Cii� of FuFtV'Jorth, Toxas
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City o,�'�'or� �'orth9 �'e�as
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�ATE REFERENCE NUMBER LOG NAME PACE
819101 *��.�� �6�5 13TWC 1 of 2
SUBJECT ACCEPTANCE OF AC7DITIONAL FUNDlNG AND CONTRACTS WiTH SERVICE
PROVIDCRS F�R THE T�XAS WORKFORCE COMMISSION TITLE VI AT-RISK
CHILD CARE DEVELOPMENT FUND
REC�MMENDATION:
It is recommended that the City Council:
1. Approve the acceptance of grant funds in an amount up to $�61,8T5.00 from the Texas Work�orce
Commissia� (TWC) in state FY20a1 (September 1, 2001, through August 31, 2002) of the Tit�e VI
of the Personal Respansibiiity and Work Opportunity Reconciliation Act (PRWORA) of 199f #or the
Child Care'Development Pragram; and
2. Authorize the City Manager to execute contracts with th� fvllnwing organizations to provide
additional child cara servic�s, contingent upon appraval and rec�ipt of adequa�e fur�ding from ihe
TVIlC of #he Title Vi C�i1d Care D�velopmen# Program. Afl contracts will begin September 1, 20d1,
and expire August 31, 2002: -
a) YWCA of Metropolitan Fort Wort� in an amount not to exceed $'f41,334A0; and
b) Clay#on Child Care Services i� an amount not to exceed $56,349.00; and
u-� �kr ��i ��-� Rss���a�e� i� a�n an���nt n�t xo e�cc�e� �'f �2,�7.Q(�; �r�i�
d) YMCA of Metropoiitan Fort Worth in an amount not ta exceed $113,621.00; and �
e} Fort Worth Housing Authority, for the AMAKA Learning Center in an amount not to exceed
$28,174.a0. �
DISCUSSION:
The terms outlined in Title VI of #he PRW�RA of 199� for.the Child Care Development Program allaws
cities to use {ocal funds allocated to child care services as a match ta access additionaf federa! funds to �
provi�e additionai child care services. '
Far purposes af this program, Community Development Bfock Gran# (GDBG) funds are considered ta
be ufocal funds". The amounts requesfed are cietermined by a farmula based on CDBG funds being
sperit on Ai-Ris�C Child Care during the perio� S�ptember 1, �aa�, through August 31, 2002.
The City will participate in this lacal initiative agreement in collaboration with the TWC in order to
access $461,875.4Q ir� ad�itional ei�ild care fur�ding fo� providers serving the City, ln -th9s agreement,
the child care providers wifl receive 1D0°!o reimbursement for se�vices rendered to At-Risk ei�gible
children #rom t�� Child Care Management Systems, nat to exceed $461,875.00.
�'ity o�'Fv�i �o�h, T'exas
�cr�r ��� �,�un�t �,����n�c+����
DATE R�F'�RENCE NUM�ER LOG NAM� PAGE
8/910�1 *���`� �696 � 13TWC � 2 of 2
sue.��cT - ACCEPTA�lCE O� ADD1TlONAL FU�JDING AND CQNTRAC7S WITN S�RVECE
PRO�V�DERS FOR THE T�XAS 1NORKFORCE COMMISSI4N TIT�.E VI AT-RI5K
CHIL� CARE DEV�LOPMENT FIJND
In this transfer agreement, the TW� w�ll reimburse the Chiid Care Manag�ment 5ystem the federal ;
share (up to $2i8,064.'i5}, and tt�e City wilf reimburse the TWC the local share (up to $183,8i0.85) of
exper�ditures. TF�e City will designate up to $� 83,81 a.85 of CDBG funding as the local match. �
1n this Iocal initiative agreemen� with the sfiate, the Gity will not be �he recipient of any federal funds from �
the state. The City will use a partion of each chifd care provider's CDSG funding to �rovide the iocal
match. .
Each agency is responsible for tt�� followirtg amo�nts af #he local share:
+ YWCA of Metropoiitan Fort Wo�th in an amaunt not to exceed $56,246.2Q; and
� Claytan Child Care Services in an amount not to exceed $22,�25.00; and
� Child Care Assaciat�s in an amaunt nat to exceed $48,709.93; and
� YMCA of Metrvpolitan Fort Worth in an amo�nt not to exceed $45,217.39; and
,
� Fort Worth Ho�sing Authority, far the AMAKA Learning Center in an amo�nt not to exceed '
$1'I,2�2.30.
FISCAL WFORMATIOI�ICERTIFiCATIQN:
The Finance Director �ertifies t�at tunds are avai�able in the current aperating budget, as appropriated,
of the Gran#s Fur�d.
CB.n
Submitted #nr Ctty Manager's
Office by: �
Charles Hoswell S51 I
� Origina#ng Departme�t Head:
Jim Keyes 8517
Additional Ynformat[an Contact:
Frank Mattero , 753G
� FUND I ACCOi1NT � CENT�R � AMOIINT' I
� (to) �
�
�
(from)
GR76
GR7B
l GR76
� GR76
� GR7$
535110 04320B6g7490
539'!'!0 0�3208897480
5391�0 0132�6697450
- s�s��a- a�szosss�4so
539110 01320669747Q
- �
�
. +
$22,42vA2 �
$�45,217.39 �
$58,246.20
$48,7{?9.53
$1i,2'l2.30
CITY S�CR�TARY
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CITY COUN�(L
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