HomeMy WebLinkAboutAgreement A-24-015 Award Agreement with Off-Highway Vehicle.pdf DocuSign Envelope ID: 13B1EC4C-5C8B-4856-AA62-3E9C510E3628
Agreement No. 24-015
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State of California-The Resources Agency OFF-HIGHWAY MOTOR VEHICLE RECREATION DIVISION
DEPARTMENT OF PARKS AND RECREATION GRANTS AND COOPERATIVE AGREEMENTS PROGRAM
PROJECT AGREEMENT
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PROJECT AGREEMENT NUMBER:G23-03-08-L01 PROJECT TYPE:Law Enforcement
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GRANTEE:Fresno County Sheriffs Office
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PROJECT TITLE:Law Enforcement
PROJECT PERFORMANCE PERIOD:FROM 09/07/2023 THROUGH 09/06/2024
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MAXIMUM AMOUNT PAYABLE SHALL NOT EXCEED$100,910.00(One Hundred Thousand Nine Hundred Ten
and 00/100)
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THIS PROJECT AGREEMENT is made and entered into,by and between the State of California,acting by and
through the Department of Parks and Recreation,Off-Highway Motor Vehicle Recreation Division and Grantee.
The Grantee agrees to complete the project as described in the Project Description.The Grantee's Application,
the Off-Highway Motor Vehicle Act of 2003 and the California Code of Regulations, Division 3, Chapter 15,
Sections 4970-4970,26 are hereby incorporated into this agreement by reference.
The parties hereto agree to comply with the terms and conditions of the following attachments which by reference
are made a part of the Project Agreement.
ATTACHMENT 1 -PROJECT COST ESTIMATE
ATTACHMENT 2-GENERAL PROVISIONS
GRANTEE STATE OF CALIFORNIA
AUTHORIZED SIGNATURE: AUTHORIZED SIGNATURE:
�— DocuSignetl byre'
AUTHORIZED NAME: Nathan Magsig AU AME:Jennifer Grady
TITLE: Chairman of the Board of Supervisors of the County of Fresno TITLE:Grants Manager
DATE: zq I DATE:1/23/2024
CERTIFICATION OF FUNDING(FOR STATE USE ONLY)
CONTRACT NUMBER: SUPPLIER ID NUMBER: FUND DESCRIPTION:
C32-35-087 0000002932 1 Off-Hiqhway Vehicle Trust Fund
REPORTING ACCOUNT: ACTIVITY: CHARGE AMOUNT: PROGRAM:
STRUCTURE:
37900550 5432000 62685 100 910.00 2855
BU: REF: FUND: CHAPTER: ENY/STATUTE FISCAL YEAR:
3790 101 0263 12 2023 2023/2024
t hereby certify upon my own personal knowledge that budgeted funds are available for this encumbrance.
SIGNATURE OF DPR ACCOUNTING OFFICER: DATE:
N/A
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ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno,State of California
By_AL� U,fAM,- Deputy
ATTACHMENT
Project Cost Estimate for Grants and Cooperative Agreements Program-2023
Agency: Fresno County Sheriff's Office
Application: Law Enforcement
APPLICANT Fresno County Sheriffs Office
NAME:
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PROJECT Law Enforcement PROJECT G23-03-08-1-01
TITLE: NUMBER
(Division use
only)
PROJECT Law Enforcement r Restoration r Education&Safety r Acquisition
TYPE:
r Development f Ground Operations r Planning
The Project is to provide Off-Highway Vehicle(OHV)related Law Enforcement
activities within the jurisdiction of the Fresno County Sheriffs Office.The activities
may include, but are not limited to Law Enforcement patrol, installation of signs,
PROJECT placement of barriers, creation of maps, and search and rescue.
DESCRIPTION : The Project may also provide for the purchase of Equipment, materials,and
supplies as outlined in the Project Cost Estimate.
f twenty-five 25 percent of the total Project cost
Grantee must provide a minimum o y O p J
in matching funds.
Line Item Qty Rate UOM Total Grant Req. Match
DIRECT EXPENSES
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Program Expenses
1 Staff
1.Staff-Law 910.500 83.000 HRS 75,572.00 56,679.00 18,893.00
Enforcement Officers 0
Notes'.The manpower
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plan will provide Fresno
County law enforcement
services for general
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enforcement, public
awareness of
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responsible OHV users,
and education of OHV
riding areas.These
areas include places
such as snow parks,ski
and snow trails,specific
OHV riding areas,
irrigation canals,
waterways/sensitive
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ATTACHMENT
Project Cost Estimate for Grants and Cooperative Agreements Program-2023
Agency: Fresno County Sheriffs Office
Application: Law Enforcement
Line Item Qty Rate UOM Total Grant Req. Match
areas surrounded by
OHV recreational areas.
This will help regulate
snow parks, ski and
snowmobile trails,
conduct safety
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inspections for summer
and winter OHV
equipment,and assist
with any search and
rescue operation that
may occur from our
OHV enthusiasts.
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The budget prepared for
Fresno County OHV
staffs two person OHV
team each Fri/Sat/Sun
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during the year.We
have also budgeted to
supplement details on
holiday weekends such
as New Years Day,
President's Day, Spring
Break, Memorial Day,
July 4th and Labor Day.
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2. Staff-Sergeant 220.000 93.000 HRS 20,460.00 15,345.00 5,115.00
Notes:The Fresno 0
County Sheriff Sergeant
is assigned to the OHV
Unit to essential
manage the unit from
staffing,details,
equipment,and
logistics.The Sergeant
is also trained in all the
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ATTACHMENT1
Project Cost Estimate for Grants and Cooperative Agreements Program-2023
Agency: Fresno County Sheriffs Office
Application:Law Enforcement
Line Item Qty Rate UOM Total Grant Req. Match
pieces of riding
equipment in order to
deploy with the team
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from time to time.
We budget 25%of the
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Sergeant time to that of
the deputies who are
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working the different
details and utilizing the
equipment on a weekly
basis.The sergeant
works with the deputies
at different community
events,parades,
presentations and on
details as well. Most of
the time the sergeant is
helping out during some
of the busier weekend
events such as
Memorial and Labor y
day,along with 4th of
July.
The sergeant keeps
track of our equipment,
spending,budgets,etc
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for the OHV Unit.
Significant salary 1
increases were given to
this job classification
that took effect and will
continue to take effect
during this next grant
cycle.
Total for Staff 96,032.00 72,024.00 24,008.00
2 Contracts
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ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program-2023
Agency: Fresno County Sheriffs Office
Application: Law Enforcement
Line Item I Qty I Rate UOM I Total Grant Req. Match
3 Materials I Supplies
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4 Equipment Use Expenses
5 Equipment Purchases
1.Equipment 1.0000 35000.000 MISC 35,000.00 26,250.00 8,750.00
Purchases-Polaris RZR
4 seat
Notes: Fresno County
Sheriff OHV Unit would
like to be approved to f
purchase a 2023 Polaris
RZR Razor four seat.
We currently operate
with two(2);two-seat
Polaris RZR Razor.We
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have found the need for
equipment,and hauling I
people out of the forest
due to breakdowns
and/or SAR's we have
becoming limited with
just the two seat
machines.We would
like to sell one of our
two-seat RZR Razors
and purchase a 4 seat
Polaris RZR Razor.The
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price for this machine
was found at Cal
Custom Trailer and
Motorsports. I updated
this on 05/30/23 as well
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with them.They gave
the better price than our
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local vendor for this
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piece of equipment.
This gives us the base
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ATTACHMENT
Project Cost Estimate for Grants and Cooperative Agreements Program-2023
Agency: Fresno County Sheriffs Office
Application: Law Enforcement
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Line Item Qty Rate UOM Total Grant Req. Match
model product.The y
equipment will be used
100%on OHV related
duties
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6 Others
Total Program Expenses 131,032.00 98,274.00 32,758.00
TOTAL DIRECT EXPENSES 131,032.00 98,274.00 32,758.00
INDIRECT EXPENSES
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Indirect Costs
1 Indirect Costs j
1. Indirect Costs- 50.0000 70.000 HRS 3,500.00 2,625.00 875.00
Administration
Notes:Administration
of the grant.This would
be costs we claim
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throughout the year that
are indirect and not
charges to the grant but
handle business for the
grant.
2.Adjustments 0.0000 0.000 11.00 11.00 0.00
(Rounded)
Total for Indirect Costs 3,511.00 2,636.00 875.00
Total Indirect Costs 3,511.00 2,636.00 875.00
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TOTAL INDIRECT EXPENSES 3,511.00 2,636.00 875.00
TOTAL EXPENDITURES 134,543.00 100,910.00 33,633.00
TOTAL PROJECT AWARD 100,910.00
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Project Agreement General Provisions
(Nonfederal Applicants Only)
A. Definitions
1. The term"State"as used herein means the State of California,Department of Parks and
Recreation.
2. The term"Act"as used herein means the Off-Highway Motor Vehicle Recreation Act of
2003 as amended.
3. The term'Project"as used herein means the Project described in Attachment 1 of this
Agreement and in the Application.
4. The term"Application"as used herein means the individual Project Application and
attachments required pursuant to the enabling legislation,regulations,and/or Grant
program,which is incorporated into this Agreement by reference.
5. The term"Project Agreement"as used herein means the Application and the Project
Agreement and its General Provisions.
6. The term"Grantee"as used herein means the party described as the Grantee on page 1 of
the Project Agreement.
B. Project Execution
1. Subject to the appropriation and availability of Grant funds in the state budget,the State
hereby awards to the Grantee the sum of money(Grant money)stated on page 1 of the
Project Agreement in consideration of and on condition that the sum be expended in
carrying out the purposes as set forth in the Project Description on Attachment 1 of the
Project Agreement and the terms and conditions set forth in this Agreement.
The Grantee assumes the obligation to furnish any additional funds that may be necessary
to complete or carry out the Project as described. Any modification or alteration in the
Project as set forth in the Application on file with the State must be submitted to the State
for approval. The State's obligation to make Grant payments is limited to the Project as
provided for herein,or as modified with the approval of the State.
2. The Grantee agrees to complete the Project in accordance with the Project performance
period set forth on page 1 of the Project Agreement,and under the terms and conditions of
this agreement.
3. If the Project includes development,the development plans,specifications and estimates or
Force Account Schedule shall be reviewed and approved by the State prior to the Grantee
proceeding with the Project. Unless the development plans,specifications and estimates
are approved by the State,the State shall have no obligation to make Grant payments for
the work.
The Grantee shall comply with all applicable current laws and regulations affecting
Development Projects,including,but not limited to,legal requirements for construction
contracts,building codes, health and safety codes,and laws and codes pertaining to I
individuals with disabilities.In addition,the Grantee shall complete the development work in
accordance with the State-approved development plans,specifications,and estimates or
Force Account Schedule.
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4. The Grantee shall make property or facilities acquired and/or developed pursuant to this
Agreement available for inspection upon request by the State to determine if development work is
in accordance with the approved plans,specifications and estimates or Force Account Schedule,
including a final inspection upon Project completion.
5. If the Project includes acquisition of real property,the cost of which is to be reimbursed with
Grant moneys under this Agreement,the acquisition shall comply with Chapter 16
(commencing with Section 7260)of Division 7 of Title 1 of the Government Code and any
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Appendix(Rev. 1/19)
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other applicable federal,state,or local laws or ordinances. Documentation of such
compliance will be made available for review by the State upon request. Eminent domain
may not be used to acquire property using the Grant funds provided by this Agreement.
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6. If the Project includes acquisition of real property,the purchase price shall be the fair
market value of such property as established by an appraisal completed according to
established current appraisal practices and methods as approved by both the Grantee and
the State. The Grantee agrees to furnish the State with additional supportive appraisal
material or justification as may be requested by the State to complete its review and !
approval of the fair market value.
The Grantee agrees to furnish the State with preliminary title reports respecting such real
property or such other evidence of title which is determined to be sufficient by the State.
The Grantee agrees to correct prior to or at the close of escrow any defects of title which in
the opinion of the State might interfere with the operation of the Project.
C. Project Costs
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1. The Grant moneys to be provided to the Grantee under this Agreement shall be disbursed
as follows,but not to exceed in any event one-hundred(100)percent of the allowable
Project costs or the State Grant amount as set forth on page 1 of this Agreement,whichever
is less:
2. If the Project includes acquisition of real property,the State shall disburse to the Grantee
the Grant moneys as follows,but not to exceed in any event the State Grant amount set
forth on page 1 of this Agreement.
The State will disburse the amount of the State-approved purchase price together with State-
approved costs of acquisition. Funds for acquisition shall only be released into an escrow
account established for the acquisition.
D. Project Administration
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1. The Grantee shall promptly submit such progress,performance or other reports concerning
the status of work performed on the Project as the State may request. In any event,the
Grantee shall provide the State a report showing total final Project expenditures including
State and all other moneys expended within one hundred-twenty(120)days after
completion of the Project.
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2. The Grantee shall make property and facilities maintained,operated,acquired or developed
pursuant to this Agreement available for inspection by the State upon request.
3. The Grantee may be provided advanced payments for Grants.The Grantee shall place
such moneys in a separate interest-bearing account, if legally able to do so,setting up and
identifying such account prior to the advance. Interest earned on Grant moneys shall be
used on the Project or paid to the State. If Grant moneys are advanced and not expended,
the unused portion of the Grant(plus interest)shall be returned to the State within one
hundred-twenty(120)days of completion of the Project or end of the Project performance
period,whichever is earlier.
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Income, after deduction for reasonable expenses associated with that income,that is
earned by the Grantee from a State-approved non-recreational use on an acquisition
Project,subsequent to taking title by the Grantee,but before use for OHV Recreation,must
be used by the Grantee for recreational purposes at the Project.
4. The Grantee shall use any moneys advanced by the State under the terms of this
agreement solely for the Project herein described.
5. The Grantee will provide and maintain a sign on the Project site that identifies the funding
source(Off-Highway Vehicle Fund)and the administering agency(California State
Department of Parks and Recreation).
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Appendix(Rev. 1/19)
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6. Equipment must be used solely for OHV-related purposes unless the Applicant is funding
the portion of the purchase price not dedicated to OHV purposes,and that portion is not
part of the total project cost.
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E. Project Termination
1. The Grantee may unilaterally rescind this Agreement at any time prior to the
commencement of the Project.After Project commencement this Agreement may be
rescinded,modified or amended by mutual agreement in writing.
2. Failure by the Grantee to comply with the terms of this Agreement or any other agreement
under the Act may be cause for suspension of all obligations of the State hereunder and
reimbursement to the State of any Grant moneys already provided to the Grantee.
However,such failure shall not be cause for the suspension of all obligations of the State
hereunder if,in the judgment of the State,such failure was due to no fault and beyond the
control of the Grantee to prevent, mitigate or remedy.
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3. Because the benefit to be derived by the State from the full compliance by the Grantee with
the terms of this Agreement is the operation,development,preservation,protection and net
increase in the quantity and quality of public outdoor recreation facilities available to the
people of the State of California,and because such benefit exceeds to an immeasurable
and unascertainable extent the amount of money furnished by the State by way of Grant
moneys under the terms of this Agreement,the Grantee agrees that payment by the
Grantee to the State of an amount equal to the amount of the Grant moneys disbursed
under this Agreement by the State would be inadequate compensation to the State for any
breach by the Grantee of this Agreement.
4. The Grantee further agrees,therefore,that the appropriate remedy in the event of a breach
by the Grantee of this Agreement shall be the specific performance of this Agreement,
unless otherwise agreed to by the State. Notwithstanding the foregoing,in the event of a
breach of this Agreement,or any portion thereof,which is due to no fault and beyond the
control of the Grantee to prevent,mitigate,or remedy,the State's sole remedy shall be the
reimbursement of any funds advanced or paid that pertain to the breached term or terms of
this Agreement.
F. Hold Harmless
1. The Grantee hereby waives all claims and recourse against the State including the right to
contribution of loss of damage to persons or property arising from,growing out of or in any
way connected with or incident to this Agreement except claims arising from the concurrent
or sole negligence of the State, its officers,agents and employees.
2. The Grantee shall protect,indemnify, hold harmless and defend the State,its officers,
agents and employees against any and all claims,demands,damages,costs,expenses or
liability costs arising out of the acquisition,development, construction,operation or
maintenance of the property described as the Project which claims,demands or causes of
action arise under Government Cc-ode Section 895.2 or otherwise except for liability arising
out of,and attributable to,the concurrent or sole negligence of the State, its officers,or
employees.
3. In the event the State is named as codefendant under the provisions of Government Code
Section 895 et seq.,the Grantee shall notify the State of such fact and shall represent the
State in the legal action unless the State undertakes to represent itself as codefendant in
such legal action in which event the State shall bear its own litigation costs,expenses,and
attorney's fees.
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4. In the event of judgment against the State and the Grantee because of the concurrent
negligence of the State and the Grantee,their officers,agents,or employees,an
apportionment of liability to pay such judgment shall be made by a court of competent
jurisdiction. Neither party shall request, and each party hereby waives its right to, a jury
apportionment.
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Appendix(Rev. 1/19)
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G. Financial Records
1. The Grantee shall retain for inspection all financial accounts,documents,and records for
three(3)years from the expiration date of the Project Agreement,or three(3)years from
the start of an audit engagement,whichever comes first,and until an audit started during
the three(3)years is completed,a report published and any Audit findings are resolved
and/or payment or other correction made with regard to any Audit findings contained in the
final Audit report.
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2. During regular office hours each party hereto and their duly authorized representatives shall
have the right to inspect and make copies of any books, records or reports of the other party
pertaining to this Agreement or matters related thereto.
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H. Use of Facilities
1. The Grantee shall,without cost to the State,except as may be otherwise provided in this
Agreement or any other Grant agreement,operate and maintain the property acquired or
developed pursuant to this Agreement in the manner of and according to the Off-Highway
Motor Vehicle Recreation Act and any related regulations,or any other applicable
provisions of law.
2. Use of the facilities shall comply with all applicable taws,including,but not limited to,the
requirements for registration of all day use-vehicles with the Department of Motor Vehicles
or identified under the Chappie-Z'berg Off-Highway Motor Vehicle Law of 1993.
1. Nondiscrimination
1. The Grantee shall not discriminate against any person on the basis of sex, race,color,
national origin,religion,ancestry,or physical handicap in the use of any property or facility
acquired or developed pursuant to this Agreement.
2. The Grantee shall not discriminate against any person on the basis of residence except to
the extent that reasonable differences in admission or other fees may be maintained on the
basis of residence and pursuant to law.
J. Application Incorporation
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1. The Application and any subsequent change or addition approved by the State is hereby
incorporated in this Agreement as though set forth in full in this Agreement.
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K. Severabiiity
1. If any provision of this Agreement or the application thereof is held invalid,that invalidity
shall not affect other provisions or applications of this Agreement which can be given effect
without the invalid provision or application,and to this end the provisions of this Agreement
are severable.
L. Governing Law j
1. This Agreement shall be construed in accordance with and be governed by the laws of the
State of California. Any legal action arising out of the terms of this Agreement shall take
place in the county wherein the Project funded by this Agreement is located. If the Project
is located in or among two or more counties,any legal action shall be taken in the county
wherein the largest land area of the Project is located. .
2. The Grantee shall comply with all Federal,State,and/or Local laws,regulations,ordinances
and executive orders that area applicable during the performance period.
pp 9
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Appendix(Rev.1/19)
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FOR ACCOUNTING USE ONLY:
Fund: 0001
Subclass: 10000
ORG: 31116224
Account: 3575