HomeMy WebLinkAboutCDBG Funds Grant Loaves and Fishes r NO
(b) LOAVES AND FISHES further agrees to submit an annual report to the
City Administrative Services Department certifying the continuing operation of the
facility on the property.
(c) The City shall prepare and submit all CDBG reports required under its
Grant Agreement with HUD.
3. City Responsibilities
City shall be responsible for fulfilling responsibilities of the Grantee pursuant to
the Grant Agreement.
4. Relationship to Grant Agreement
LOAVES AND FISHES acknowledges and agrees that this Agreement is subject
to the obligations and limitations imposed on the City by the Grant Agreement and all
future amendments to Grant Agreement and is intended to be in conformance and
harmony with it. LOAVES AND FISHES further acknowledges that if the Grant
Agreement is terminated by the United States Government, prior to its implementation by
appropriation and/or funding, the City shall have the right to terminate or amend this
Agreement by giving written notice of the termination or amendment of this Agreement
to LOAVES AND FISHES. LOAVES AND FISHES hereby expressly agrees to the
provisions of the Grant Agreement and further expressly agrees that nothing in this
Agreement shall be deemed to require the City to perform an obligation in conflict with
the Grant agreement. LOAVES AND FISHES further agrees that the city's rights to
enter into amendments to the Grant Agreement is not, and shall not be restricted or
impaired, in any way, by this Agreement.
5. Compensation
Subject to the terms and conditions of this Agreement (including the availability
of CDBG funds to the City), City shall provide to LOAVES AND FISHES the amount of
$2459 to enable LOAVES AND FISHES carry out the Project. In no instance shall the
City be liable for any costs of the Project in excess of$2459, nor for any unauthorized or
ineligible costs. LOAVES AND FISHES shall not obligate or expend any part of the
$2459 for purposes other than the purchase of a computer and printer. Payment for the
foregoing shall be in accordance with the following procedure:
(a) LOAVES AND FISHES shall submit a request for payments to the City,
along with documentation for those purchases for which the payments are being
requested.
(b) Payment will be made to LOAVES AND FISHES within 30 days of the
request being approved by the City. LOAVES AND FISHES shall pay the vendor.
(c) Ten percent of the grant amount will be withheld pending final approval of
the completed work.
(d) If the Project is not successfully completed, the $2459 will be returned to
the City Administrative Services Director.
6. Term of Agreement
The term of this Agreement shall commence on the date first above written and
shall terminate 20 years from the date,unless sooner terminated as hereinafter provided.
7. Termination of Agreement for Cause
If City determines that LOAVES AND FISHES has incurred obligations or made
expenditures for purposes which are not permitted or are prohibited under the terms and
provisions of this Agreement, or if City determines that LOAVES AND FISHES has
failed to fulfill its obligations under this Agreement in a timely and professional manner,
or if LOAVES AND FISHES is in violation of any of the terms or provisions of this
Agreement, or if City is given notice by HUD or the County that HUD or the County is
terminating its Grant Agreement with the City, or if LOAVES AND FISHES makes a
general assignment for the benefit of LOAVES AND FISHES creditors, or if a receiver
should be appointed in the event of LOAVES AND FISHES insolvency, then City shall
have the right to terminate this Agreement effective immediately upon giving written
notice thereof to LOAVES AND FISHES. Termination shall have no effect upon the
rights and obligations of the parties arising out of any transaction occurring prior to
effective date of such termination. If City's termination of LOAVES AND FISHES
Agreement for cause is defective for any reason, including but not limited to City's
reliance on erroneous facts concerning LOAVES AND FISHES performance, or any
defect in the notice thereof, City's maximum liability shall not exceed the amount
payable to LOAVES AND FISHES under paragraph five (5) of this Agreement.
8. Termination for Convenience
Either party may terminate this Agreement at any time by giving the other party 30 days
written notice of such termination. Termination shall have no effect upon the rights and
obligations of the parties arising out of any transaction occurring prior to the effective
date of such termination. Contractor shall be paid for all work satisfactorily completed
prior to the effective date of said termination.
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9. Sources and Availability of Funds
It is understood by the parties thereto that the funds being used for the purpose of
this Agreement are funds furnished to City through HUD pursuant to the provisions of
the Act. Notwithstanding any other provision of this Agreement, the liability of City
shall be limited to CDBG funds available for the project. LOAVES AND FISHES
understands that City must wait for release of funds from HUD before grant funds may
be advanced or reimbursed. City shall incur no liability to LOAVES AND FISHES, its
officers, agents, employees, suppliers, or contractors for any delay in making any such
payments.
10. Reimbursement of Improper Expenditures
If any time within applicable statutory periods of limitation it is determined by
City or by HUD or its duly authorized representatives, or by the United States Secretary
of Treasury or his duly authorized representatives that funds provided for under the terms
of this Agreement have been used by or on behalf of LOAVES AND FISHES in a
manner or for purposes not authorized or prohibited by said Act or regulations adopted
pursuant thereto LOAVES AND FISHES shall, at City's request, pay to city an amount
equal to one hundred percent of the amount improperly expended.
11. Employment Status
LOAVES AND FISHES shall, during the entire term of this Agreement, be
construed as a contractor, and nothing in this Agreement is intended nor shall be
construed to create an employer-employee relationship or a joint venture relationship.
Neither LOAVES AND FISHES nor any of LOAVES AND FISHES agents, employees,
or contractors are or shall be considered to be agents or employees of the City or HUD in
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connection with the performance of LOAVES AND FISHES obligations under this
Agreement.
12. Inspections
The City reserves the right to inspect any work performed hereunder to ensure
that the work is being and has been performed in accordance with the applicable federal,
state and/or local requirements, and this Agreement. LOAVES AND FISHES agrees that
all work found by such inspections not to conform to the applicable requirements shall be
corrected and that city may withhold payments to LOAVES AND FISHES until such
corrections are completed.
13. Records
(a) All records, accounts, documentation and all other materials relevant to a'
fiscal audit or examination, as specified by HUD, shall be retained by LOAVES AND
FISHES for a period of not less than three (3) years from the date of termination of this
Agreement.
(b) If so directed by the City or HUD upon termination of this Agreement
LOAVES AND FISHES shall cause all records, accounts, documentation and all other
materials relevant to the work to be delivered to the City or HUD as depository.
(c) LOAVES AND FISHES understands that LOAVES AND FISHES shall
be subject to the examination and audit of the City Administrative Services Director for a
period of three (3) years after the final payment under this Agreement.
14. Audit
(a) All records, accounts, documentation and other materials deemed to be
relevant to the work by the City or HUD shall be accessible at any time to the authorized
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representatives of the county, state or federal government, on reasonable prior notice, for
the purpose of examination or audit.
(b) An expenditure which is not authorized by this Agreement or which
cannot be adequately documented shall be disallowed and must be reimbursed to the City
or its designee by LOAVES AND FISHES. Expenditures for work not described in
paragraph one (1) of this Agreement shall be deemed authorized if the performance of
such work is approved in writing by the City or HUD prior to the commencement of such
work.
(c) Absent fraud or mistake on the part of the City or HUD, the determination
by the City and HUD of allowability of any expenditure shall be final.
15. Indemnification
LOAVES AND FISHES shall defend, indemnify and save harmless the City, its
officers, agents and employees from any and all claims, demands, damages, costs,
expenses, judgments, or liability occasioned by the performance or attempted
performance of the provisions hereof, or in any way arising out of this Agreement,
including, but not limited to, (a) those predicated upon theories of violation of statute,
ordinance or regulation, violation of civil rights, (b) any adverse determination made by
the Internal Revenue Service or the State Franchise Tax Board with respect to LOAVES
AND FISHES that would establish a City liability for failure to make social security and
income tax withholding payments, (c) inverse condemnation, (d) equitable relief, or (e)
any wrongful act or any negligent act or omission to act on the part of LOAVES AND
FISHES or of.agents, employees, or independent contractors directly responsible to
LOAVES AND FISHES; providing further that the foregoing obligations to defend,
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+ CITY OFA ED RO
CONTRACT# "
AGREEMENT FOR GRANT OF CDBG FUNDS
FOR THE PURCHASE OF A COMPUTER AND PRINTER
FOR LOAVES AND FISHES
THIS AGREEMENT is made and entered into this)) May of ov, 1999, by
and between LOAVES AND FISHES a California nonprofit corporation (hereinafter
referred to as "LOAVES AND FISHES", and the CITY OF ATASCADERO, a political
subdivision of the State of California(hereinafter referred to as "the City").
WITNESSETH:
WHEREAS, LOAVES AND FISHES provides short term emergency assistance
such as groceries, lodging, gasoline, clothing and bus travel, to low income and very low
income citizens; and
WHEREAS, LOAVES AND FISHES requested funding in the amount of
$2,459 through the Community Development block Grant (CDBG) Program purchase a
computer and printer(hereinafter referred to as "the Project"); and
WHEREAS, on April 30, 1999, the San Luis Obispo County Board of
Supervisors approved the county of San Luis Obispo Consolidated Plan and projected use
of funds pursuant to applicable federal regulations (24 CFR Part 570), hereinafter
referred to as the "1999 Consolidated Plan," providing for $2459 from the 1999 CDBG
Program to enable LOAVES AND FISHES to carry out the project; and
WHEREAS, HUD approved the 1999 one year action plan of the consolidated
Plan by executing a grant agreement; and
WHEREAS, LOAVES AND FISHES is an eligible entity (a nonprofit 501(C)(3)
corporation) to act as designated project sponsor and, as such, LOAVES AND FISHES
will carry out the Project; and
NOW, in consideration of the mutual promises, recitals and other provisions
hereof, the parties agree as follows:
1. Scope of Activities
(a) During the term of this Agreement LOAVES AND FISHES shall operate
the existing facility as above described.
(b) During the term of this Agreement LOAVES AND FISHES will not
transfer, assign, lease, sell, encumber or submit to judicial or non judicial foreclosure
proceedings of the project site without providing written notice to and receiving the
written approval of the City.
2. Reporting
(a) LOAVES AND FISHES shall submit quarterly progress reports to the
City Administrative Services Department describing the progress made toward
accomplishing the above-listed activities. LOAVES AND FISHES agrees to submit to
the City Administrative Services Department a final report within 60 days of completing
the Project, describing which of the Project objectives and activities LOAVES AND
FISHES has accomplished, with sufficient detail to enable the City to properly evaluate
LOAVES AND FISHES performance in completing the objectives and activities of the
Project.
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indemnify and save harmless shall apply to any wrongful acts, or any actively or
passively negligent acts or omissions to act, committed jointly or concurrently by
LOAVES AND FISHES, its agents, employees, or independent contractors and the City,
its agents, employees, or independent contractors. Nothing contained in the foregoing
indemnity provisions shall be construed to require indemnification for claims demand,
damages, costs expenses or judgments resulting solely from the conduct of the City.
16. Insurance
LOAVES AND FISHES shall obtain and maintain for the entire term of this
Agreement and LOAVES AND FISHES shall not perform any work under this
Agreement until LOAVES AND FISHES has obtained comprehensive general liability
insurance, in companies acceptable to the City, and authorized to issue such insurance in
the State of California. Said insurance shall consist of the following:
(a) Liability Insurance — LOAVES AND FISHES shall maintain in full force
and effect, for the period covered by this Agreement, comprehensive liability insurance.
This comprehensive general and automobile liability insurance shall include, but not be
limited to, protection against claims arising from bodily and personal injury, including
death resulting therefrom, and damage to property, resulting from any act or occurrence
arising out of LOAVES AND FISHES operations in the performance of this Agreement,
including, without limitation, acts involving vehicles. The amount of insurance shall be
not less than one million dollars ($1,000,000) combined single limit coverage for bodily
and personal injury, including death resulting therefrom, and property damage.
The following endorsements shall be attached to the policy:
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(1) If the insurance policy covers an "accident" basis, it must be changed to
"occurrence".
(2) The policy must cover personal injury as well as bodily injury.
(3) Blanket contractual liability must be afforded and the policy must contain a cross
liability or severability of interest endorsement.
(4) The City, its officers, agents, and employees shall be named as additional insured
under the policy, and the policy shall provide that insurance will operate as
primary insurance and that no other insurance affected by the City will be called
upon to contribute to a loss hereunder.
(b) Workers' Compensation Insurance — In accordance with the provisions of Labor
Code Section 3700, LOAVES AND FISHES is required to be insured against liability for
workers' compensation or to undertake self-insurance for any individuals working as
employees of LOAVES AND FISHES. LOAVES AND FISHES agrees to comply with
such provisions before commencing the performance of the work under this Agreement.
(c) The following requirements apply to all insurance to be provided by
LOAVES AND FISHES:
(1) A certified copy of each insurance policy and a certificate of insurance
shall be furnished City within sixty (60) days after execution of this Agreement. A
CERTIFICATE ALONE IS NOT ACCEPTABLE. Provided, however, a
certificate of insurance shall be furnished City prior to the approval of any
advances by the Auditor-Controller of the City pursuant to this Agreement.
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(2) Certificates and policies shall state that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to City.
(3) Approval of the insurance by City shall not relieve or decrease the extend
to which LOAVES AND FISHES may be held responsible for payment of
damages resulting from LOAVES AND FISHES services or operations pursuant
to this Agreement.
(d) If LOAVES AND FISHES fails or refuses to procure or maintain the
insurance required by this paragraph, or fails or refuses to furnish City with required
proof that insurance has been procured and is in force and paid for, City shall have the
right, at city's election, to forthwith terminate this Agreement.
17. Equal Employment Opportunity
During the performance of this Agreement, LOAVES AND FISHES agrees that it
will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin, and specifically agrees to comply with the
provisions of Section 202 of Presidential Executive Order No. 11246.
18. Entire Agreement and Modifications
This Agreement sets for the full and entire understanding of the parties regarding
the matter set forth herein, and any other prior to existing understandings or Agreements
by the parties, whether formal or informal, regarding any matters are hereby superseded
or terminated in their entirety. No changes, amendments, or alterations shall be effective
unless in writing and signed by all parties hereto. LOAVES AND FISHES specifically
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acknowledges that in entering into and executing this Agreement, LOAVES AND
FISHES relies solely upon the provisions contained in this Agreement and no others.
19. Funding for Additional Services
Funding for any programs, projects, or services beyond the term of this
Agreement, by any new agreement or amendment or extension of this Agreement, have
not been authorized and will depend upon City's determination of satisfactory
performance of this Agreement by LOAVES AND FISHES and upon the availability to
City of additional grant funds allocated for such purposes. Neither City nor any
employee of City has made any promise or commitment, express or implied, that any
additional funds will be paid or made available to LOAVES AND FISHES for the
purpose of this Agreement over and above the funds expressly allocated under the terms
of this Agreement.
20. Contractors and Subcontractors
LOAVES AND FISHES agrees to, and shall require its subcontractors to agree to:
(a) Perform the work in accordance with federal, state and local housing and
building codes as applicable.
(b) Comply with the Labor Standards described in 24 CFR 570.603 and with
the provisions of the California Labor Code, as applicable.
(c) Comply with the applicable Equal Opportunity requirements described in
24 CFR 570.607.
(d) Maintain at least the minimum state-required workers' compensation
insurance for those employees who will perform the work or any part of it.
T nnn %Tf111 TCS 1
(e) Maintain, if so required by law, unemployment insurance, disability
insurance and liability insurance in an amount to be determined by the State which is
reasonable to compensate any person, firm, or corporation who may be injured or
damaged by LOAVES AND FISHES or any subcontractor in performing the work or any
part of it.
21. Compliance with City, County and State Laws and Regulations
LOAVES AND FISHES agrees to comply with all City, County and State laws
and regulations that pertain to construction, health and safety, labor, fair employment
practices, equal opportunity and all other matters applicable to LOAVES AND FISHES,
its subcontractors, and the work.
22. Compliance with Federal Laws and Regulations
LOAVES AND FISHES agrees to comply with all federal laws and regulations
applicable to the CDBG program and to the work.
23. No Assignment Without Consent
Inasmuch as this Agreement is intended to secure the specialized services of
LOAVES AND FISHES, and LOAVES AND FISHES shall not have the right to assign
or transfer this Agreement, or any part hereof or monies payable hereunder, without the
prior written consent of City, and any such assignment or transfer without the City's prior
written consent shall be considered null and void.
24. Law Governing and Venue
This Agreement has been executed and delivered in the State of California, and
the validity, enforceability and interpretation of any of the clauses of this Agreement shall
be determined and governed by the law of the State of California. All duties and
obligations of the parties created hereunder are performable in San Luis Obispo County,
and such County shall be that venue for any action, or proceeding that may be brought, or
arise out of, in connection with or by reason of this Agreement.
25. Enforceability
If any terms, covenant, condition or provision of this Agreement is held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be affected,
impaired or invalidated thereby.
26. Binding on Successors in Interest
All provisions of this Agreement shall be binding on the parties and their heirs,
assigns and successors in interest.
27. Effect of Waiver
City's waiver or breach of any one terms, covenant or other provision of this
Agreement shall be not a waiver of a subsequent breach of the same term, covenant or
provision of this Agreement or of the breach of any other term, covenant or provision of
this Agreement.
28. Patents& Royalties
(a) LOAVES AND FISHES shall provide and pay for all licenses and
royalties necessary for the legal use and operation of any of the equipment or specialties
used in the Project. Certificates showing the payment of any such licenses or royalties,
and permits for the use of any patented or copyrighted devices shall be secured and paid
for by LOAVES AND FISHES and delivered to the City upon completion of the Project,
if required.
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(b) LOAVES AND FISHES shall assume all costs arising from the use of
patented materials, equipment, devices, or processes used in or incorporated in the
Project and agrees to indemnify and hold harmless the City and its duly authorized
representatives, from all suits of law, or actions of every nature for or on account of the
use of any patented materials, equipment, devices, or processes.
29. Notices
Unless otherwise provided, all notices herein required shall be in writing, and
delivered in person or sent by United States first class mail, postage prepaid. Notices
required to be given to City shall be addressed as follows: Administrative Services
Director, City of Atascadero, 6500 Palma Avenue, Atascadero, CA 93422. Notices
required to be given to LOAVES AND FISHES shall be addressed as follows: LOAVES
AND FISHES, Frank Fertschneider, 5411 El Camino Real, Atascadero, CA 93422.
Provided that any party may change such address by noticing in writing to the
other parties and thereafter notices shall be transmitted to the new address.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first above written.
LOAVES AND FISHES CITY OF ATASCADERO
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Frank W. Fertschneider, Grants Chairman Wade McKinney, City Ma ger
APPROVED AS TO FORM AND LEGAL EFFECT:
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RoyA(f anley
City A46mey
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STATUTORY WORKSHEET
Use this worksheet for projects which are Categorically Excluded, per Section 58.35
STATUTES EXECUTIVE ORDERS REGULATIONS
PROJECT NAME and DESCRIPTION and APPLICABLE SECTION OF 58.35:
58.35 (]o
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For projects that are CATEGORICALLY EXCLUDED,per Section 58.35(a),complete this Worksheet as follows: Write"A"
in the Status Column when the project,by its nature,cannot affect the resources under consideration;OR white"B"when
compliance triggers formal consultation procedures with oversight agencies,or requires mitigation(see instructions on
reverse side). The compliance documentation must contain verifiable source documents and relevant base data. For
activities that are CATEGORICALLY EXCLUDED,per 58.35(b),complete the project description and record conversion to
exemption below.
Compliance Factors: I
Statutes, Executive Orders, Nr Status Compliance Documentation
And Regulations (24 CFR 58) AIB
Historical Preservation
(36 CFR 800)
Floodplain Management Panel#060700-00_ Zone
(24 CFR 55, Executive Order 11988) Date: January 20, 1982
Wetlands Protection
(Executive Order 11990)
Coastal Zone Management Act Project is located 35 miles inland.
(Sections 307(c), (d))
Sole Source Aquifers Project is not located in a Sole Source Aquifer Are:,per
(40 CFR 149) the MOU with HUD and EPA
Endangered Species Act
(50 CFR 402)
Wild and Scenic Rivers Act Project is not within 1 mile of a Wild and Scenic River.
(Sections 7(b), (c))
Clean Air Act The project is located within an"attainment"area.
(Sections 176(c), (d), and 40 CFR 6, 51, 93)
Farmland Protection Policy Act The project site does not include prime or unique
(7 CFR 658) farmland
Environmental Justice The project site is suitable for its proposed use;the
(Executive Order 12898) project won't be adversely impacted by a pre-existing
environment.
HUD ENVIRONMENTAL STANDARDS The ambient Noise level is less than 65 LDN
Noise Abatement and Control
(24 CFR 51 B)
Explosive and Flam=Radioactive
ations The project is located an acceptable Separation
(24 CFR 51(C) Distance from any above ground explosive or chemical
container.
Toxic Chemicals and Materials The project does not involve new development for
(HUD Notice 79-33) habitation or the new habitation is not located within one
mile of a"Superfund"site.
Airport Clear Zones and Accident Potential The project is not within an FAA-designated civilian
Zones (24 CFR 51(D) RCZ,a military CZ,or an APZ
Check the box which applies to this project:
The project converts to Exempt per Section 58.34(a)(12), because it will not result in a
violation of any statutes or authorities, nor requires a permit or license (all the statutes listed
above have the letter"N' marked in the column); OR it is"not subject to Section 58.5". Funds
may be drawn down for this (now) EXEMPT activity.
❑ This project cannot convert to Exempt. One or more statutes require consultation or
mitigation. Complete consultation/mitigation requirements, publish NOI /RROF and
complete draw down procedures, per Section 58.70 and 58.71.
❑ This project or activity may have a significant environmental impact and thus requires
preparation of an Environmental Assessment(EA). Complete the Format III form and
application public notificati n.
PREPARER SIGNATURE: DATE II U
PREPARER NAME: �Ol c
24 CFR PART 58.35(b)
DETERMINATION OF EXEMPTION
GRANT NUMBER:
-
PROJECT NAME: Loue-5 PNd �isV cs
PROJECT LOCATION: S�`I �L Cnyyt t in0 heal
ESTIMATED COST:
PROJECT / L
DESCRIPTION: (L( {SC O>� OIY)DC�7�f pri hfcr.
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WE FIND THIS PROJECT TO BE EXEMPT FROM ENVIRONMENTAL REVIEW UNDER 24
CFR PART 58, SECTION 58.35(b)(3).
THIS DOCUMENTS OUR DETERMINATION OF EXEMPTION AS REQUIRED UNDER
SECTION 58.35(b . p !j
PREPARED BY
SUPERVISO DATE: 9
FLOOD DISASTER PROTECTION ACT
Project is located within a Special Flood Hazard Area?
O YES �NO
If i°yes , the property located at is within a designated
Special Flood Hazard Area, as shown on the FEMA Flood Insurance Rate Map
No. and flood insurance is required (sec. 58.6(a)).
Policy No: Agent:
COASTAL BARRIER IMPROVEMENT ACT
Project is located within a designated coastal resource area?
O YES ffNO
RUNWAY CLEAR ZONE/CLEAR ZONE
Project is within an FAA-designated runway clear zone/clear zone?
O YES NO
(No RROF or Publication Required)
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