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HomeMy WebLinkAboutReso. 1988-040 - Agreement between county of shasta and city of redding to provide services, for the "rual renaissance" rual economic decelopment promotion grant 4 41) • RESOLUTION NO. 8f(o A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT BETWEEN COUNTY OF SHASTA AND CITY OF REDDING TO PROVIDE SERVICES, FOR THE "RURAL RENAISSANCE" RURAL ECONOMIC DEVELOPMENT PROMOTION GRANT PROGRAM, AND AUTHORIZING THE CITY MANAGER TO SIGN SAME. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding approves the Agreement between the County of Shasta and City of Redding to Provide Services for the "Rural Renaissance" Rural Economic Development Promotion Grant Program, a true copy of which is attached hereto and incorporated herein; and 2 . That the City Manager of the City of Redding is hereby authorized and directed to sign said Agreement on behalf of the City of Redding, and the City Clerk is hereby authorized and directed to attest the signature of the City Manager and to impress the official seal of the City of Redding on the aforesaid Agreement. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of. the City Council of the City of Redding on the 2nd day of February , 1988 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter, Fulton , Gard , Johannessen , & Dahl NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS : None. rte,, \ a MIKE DAHL, Mayor City of Redding ATTEST: . FORM PPROVED: ETHEL A. NICHOLS , City Clerk RA DALL A. HAYS, efity Attorney All '+ • •I 1GREEMENT BETWEEN COUNTY OF SHASTA AND CITY OF REDDING TO PROVIDE SERVICES THIS AGREEMENT, made and entered into this day of 1987 , by and between the COUNTY OF SHASTA, a political subdivision of the State of California, hereinafter referred to as "COUNTY" and CITY OF REDDING hereinafter referred to as "CONTRACTOR" . WITNESSETH: WHEREAS , the Board of Supervisors of the County of Shasta has executed an agreement with the State of California to receive grant monies from the Rural Renaissance--Rural Economic Development Promotion (REDP) Program for the purpose of economic development; and WHEREAS , the Board of Supervisors of the County of Shasta ii desires to provide for certain economic development services for Shasta County; and WHEREAS, COUNTY believes it is in the best interest of the people of the County of Shasta to provide these economic development services by contract; and WHEREAS , pursuant to Government Code Section 31000 , COUNTY has authority to enter into this agreement; and WHEREAS , CONTRACTOR has the organization, facilities and personnel to carry out said services in accordance with the purposes of this agreement; NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. TERM AND TERMINATION. A) This agreement shall be for the period commencing October 9 . 1987 . and ending June 30 . 1988 B) Either party shall have the right to terminate this agreement upon thirty (30) days written notice thereof being served on ' the other party. C) This agreement shall be automatically renewed for FY 1988- 89 , FY 1988-90 , and FY 1990-91 unless either party gives thirty (30) days written notice of intention not to renew. • "' 4 REDP Grant Agreement FY 1987-88 D) COUNTY may immediately terminate this agreement and be relieved of the payment of any consideration to CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. E) It is understood and agreed that. COUNTY may immediately terminate this agreement if funds are not available to COUNTY from external sources . CONTRACTOR will be deemed to have received such notice when it is deposited in the United States mail , postage prepaid. 2 . USE OF FUNDS A. CONTRACTOR shall use all funds provided it pursuant to this agreement exclusively for the purpose of implementing its proposal, a copy of which is attached hereto, marked "Exhibit A" , and made a part hereof. B. In no event shall the CONTRACTOR expend or request reimbursement from the COUNTY for obligations entered into or for costs incurred or accrued prior to October 9 , 1987 . C. The CONTRACTOR should make expenditures in accordance with the activity budget except that variations of up to 10% between line items will be allowed without a formal grant amendment if the total amount of funds for the activity is not increased. D. The CONTRACTOR acknowledges and understands that the COUNTY's funding source is of State origin and, therefore, agrees that the State shall have final determination of allowable and reimbursable costs under this agreement. E. Travel subsistence and per diem rates, if applicable, shall not exceed those amounts paid to the State of California ' s represented employees (See Exhibit B. ) . F. Funds budgeted under this agreement may not be used for entertainment expenses , nor for professional dues and/or ' subscriptions for the CONTRACTOR' s staff or officials. G. No funds paid by COUNTY hereunder shall be used directly or indirectly by CONTRACTOR for any political activity, whatever. 3. PAYMENT A. Notwithstanding any other provision in this contract, COUNTY shall pay to CONTRACTOR as consideration for the services to be performed under this agreement a sum not to exceed $8 ,958 II 2 • • REDP Grant Agreement FY 1987-88 B. Said funds shall be paid in monthly increments upon presentation of true and accurate reports of properly made expenditures in the form and manner prescribed by COUNTY. Funds may be paid upon presentation of true and accurate reports of proposed expenditures. C. No more than 90% of the total amount shall be remitted via incremental payments pending the satisfactory completion of all terms of this agreement. The balance due the CONTRACTOR shall be remitted at the closure of the grant and subsequent to the filing of the evaluation of the COUNTY ' S acceptable performance by the State. 4 . ELIGIBILITY A. The persons eligible to be served by CONTRACTOR' s shall be as set forth in Exhibit A. B. In providing services , employing personnel, or in any other respect of this agreement , CONTRACTOR shall not employ discriminatory practices on the basis of race, color, sex, age, religion, national origin, or ancestry , or physical or mental handicap. 5 . MONITORING. A. COUNTY' S financial monitoring agency a enc shall be the Shasta County Auditor-Controller who shall monitor the financial adequacy of CONTRACTOR in the manner which said agency deems most effective. CONTRACTOR shall cooperate with said agency in such monitoring. B. COUNTY' S program monitoring shall be conducted by the County Administrative Office (CAO) . CONTRACTOR shall cooperate with . such agency in such monitoring. C. CONTRACTOR shall prepare and submit to the County Administrative Officer a semi-annual expenditure and program performance report in the form and manner prescribed by the County Administrative Officer during the term of the grant . This report will be reviewed by the COUNTY to ensure that the funds previously advanced to the CONTRACTOR have been largely expended or encumbered and that a request for additional funds is warranted AND that the CONTRACTOR ' s program is meeting its proposed performance milestones. Such reports shall be subject to fiscal audit by COUNTY ' S Auditor Controller and any independent auditor specified by the County. 3 REDPrant Agreement G g ' FY 1987-88 6 . Record A. CONTRACTOR shall keep all necessary books and records , including property., personnel , and financial records , in connection with CONTRACTOR' s operations , and the services performed under this agreement , and shall document all transactions so that COUNTY' S Auditor-Controller may properly audit all expenditures made pursuant to this agreement . CONTRACTOR shall maintain and preserve all records related to this agreement in its possession for a period of seven (7) years from the effective date of this agreement , unless otherwise directed by COUNTY . All books , records , and accounts kept by CONTRACTOR in connection with the performance of this agreement shall be made available to COUNTY personnel upon request. All books , records , and accounts kept by CONTRACTOR shall be available to COUNTY' s Auditor-Controller during reasonable working hours for audit as determined by the Auditor-Controller. B. Responsibility for audit exceptions - it being understood that COUNTY' s funding source herein is of State origin, and it being further understood that COUNTY is responsible for administering the program funds - CONTRACTOR agrees to accept responsibility for receiving , replying to and/or complying with any audit exceptions by appropriate State, County, or Federal Audit agencies . CONTRACTOR also agrees to pay to COUNTY the full amount of any liability found to be due to COUNTY as a result of said audit exceptions. COUNTY agrees to pay contractor any additional amounts found to be due as a result of said audit exceptions , not to exceed the maximum financial obligation of COUNTY. C. It being understood that the COUNTY ' s funding source is of State origin , the subcontractor ' s records related to work performed under the contract shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final grant settlement. 7 . INDEMNIFICATION AND INSURANCE A. The CONTRACTOR shall hold harmless from and indemnify Shasta County and the State of California and their respective elected officials , officers , and employees , against all • claims , suits , actions , costs , counsel fees , expenses , damages , judgments or decrees by reason of any person or person ' s bodily injury - including death - or property being damaged by the CONTRACTOR, or any of his subcontractors , or any person employed under said CONTRACTOR, or under any of his subcontractors, or in any capacity during the progress of the work whether by negligence or otherwise. 4 i- 4 1110 • REDP Grant Agreement FY 1987-88 B. The CONTRACTOR shall obtain and maintain continuously, public liability insurance and/or other insurance necessary to protect the public with limits of liability not less than: $500 .000 Combined Single Limit Bodily Injury and_ Property Damage.. Such insurance shall include Shasta County . its elected officials, officers and employees, as an additional insured and shall not be reduced or cancelled without thirty (30) days written prior notice certain to the COUNTY . The insurance shall contain a "cross liability" endorsement , which shall read as follows: "The inclusion of more than one insured under this policy shall not affect the rights of any insured as respects any claim, suit , or judgment made or brought by or for any other insured , or by or for any employee of any other insured. This policy shall protect each insured in the same manner as though a separate policy had been issued to each, except that nothing herein shall operate to increase the company ' s liability beyond the amount or amounts for which the insurer would have been liable had only one insured been named. The CONTRACTOR shall provide the COUNTY a Certificate of Insurance, or upon written request of the COUNTY, a duplicate of the policy as evidence of insurance protection provided. Insurance Certificates provided by any insurance company or underwriter containing the language "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" . or similar language. is unacceptable._ The CONTRACTOR shall obtain and maintain continuously , workers ' compensation insurance , to cover all the CONTRACTOR's employees and partners. Certificate of liability , workers ' compensation, and other -;j insurance that may be required must be approved by the County Administrative Office, Risk Management Department, and herein attached, prior to this agreement becoming effective. 8. r1ONDLSCRIMINATION CLAUSE A. During the performance of this grant, the CONTRACTOR and its subcontractors shall not deny the CONTRA CTOR' s benefits to any person on the basis of religion, color , ethnic group identification, sex, age, physical or mental disability , nor shall they discriminate unlawfully against any employment or applicant for employment because of race, religion, color ,. national origin , ancestry , physical handicap , mental disability, medical condition, marital status , age , or sex . 5 • • REDP Grant Agreement FY 1987-88 CONTRACTOR shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. B. CONTRACTOR shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 , et seq. ) , the regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 , et seq. ) , the provisions of Article 9 . 5 , Chapter 1 , part 1 , Division 3 , Title 2 of the Government Code (Government Code, Sections 11135-11139.5) . C. Recipient , CONTRACTOR, and its SUBCONTRACTORS shall give written notice of their obligation under this clause to labor organizations with which they have a collective bargaining or other agreement. D. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this grant agreement. 9 . NATIONAL LABOR RELATIONS BOARD CERTIFICATION. A. The CONTRACTOR, by signing this agreement, does swear under the penalty of perjury that no more thanone final unappealable finding of Contempt of Court by a Federal Court has been issued against the CONTRACTOR within the immediately preceding two-year period because of the CONTRACTOR' S failure to comply with an order of a Federal Court which orders the CONTRACTOR to comply with an order of the National Labor Relations Board (Public Contract Code Section 109296) . 10 . PROPERTY OWNERSHIP It being understood that COUNTY ' S funding source herein is of State origin, the CONTRACTOR agrees to the following: A. CONTRACTOR may only purchase furniture, office equipment, or any equipment as specifically approved in writing by the State. B. The State shall retain ownership in any equipment purchased in whole or in part with State funds. Upon expiration of the agreement, the CONTRACTOR shall exercise one of the following options in regard to the continued use or disposition of such equipment: 1. CONTRACTOR may retain possession and use of the equipment upon certification to the Office of Local Development that the equipment will continue to be used for the purpose initially authorized in the grant. 6 • REDP Grant Agreement FY 1987-88 2 . CONTRACTOR may reimburse the State for State funds used to purchase the equipment and assume ownership of such equipment. If this option is utilized, the amount of payment will be the fair market value as determined by State policies and guidelines. { 3 . CONTRACTOR may terminate possession of the equipment and return such equipment to the California Department of Commerce. Software license agreements must be strictly adhered to . Proprietary software cannot be duplicated, modified, or used on more than one machine--except as expressly provided for in the manufacturer ' s license agreement . Violation of this agreement will constitute grounds for cancellation of this agreement. Upon initial acquisition of the equipment , CONTRACTOR will provide the Department with a description of the property, manufacturer 's serial number, model number , stock number or other identification number, and specific acquisition cost. CONTRACTOR shall also be required to ensure adequate safeguards to prevent loss, damage, or theft of the property as well as implement maintenance procedures to keep the equipment in usable condition. 11 . STATUS OF CONTRACTOR CONTRACTOR and the agents and employees of CONTRACTOR in the performance of this agreement shall act in an independent capacity and not as officers or employees or agents of COUNTY or the State of California,. 12. SUBCONTRACTS A. CONTRACTOR shall not enter into subcontracts for any ofthe work contemplated under this agreement without first obtaining written approval from COUNTY. Such approval shall be attached to and made a part of this contract. B. The CONTRACTOR is the responsibile authority , without recourse to the COUNTY regarding the settlement and. satisfaction of all contractual issues arising out of • procurements entered into, in support of this agreement. C. The CONTRACTOR shall be responsible for the work of subcontractors including, but not limited to , monitoring of task performance; initiating action to expedite completion; and to maintaining the agreed upon schedule or to adjusting the schedule to compensate for unavoidable delays. 7 11111 1I0 REDP Grant Agreement • FY 1987-88 13 . ASSIGNMENT Without written consent of COUNTY , this agreement is not assignable by CONTRACTOR, either in whole or in part. 14. ALTERATION No alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding or any of the parties hereto. 15 . killYEE COUNTY' S waiver of any default , breach, or condition precedent shall not be construed as a waiver on the part of COUNTY of any other default, breach, or condition precedent, or any other right hereunder. 16 . SUCCESSORS, This agreement shall bind and inure to the successors in interest of COUNTY and CONTRACTOR in the same manner as if such party had been expressly named herein. 17 . TIME Time is of the essence in the agreement. 18. NOTICE All notices and communications between the parties shall be addressed as follows: Notice to COUNTY: Notice to CONTRACTOR: Michael Johnson Phillip Perry, Director County Administrative Officer Planning & Community Dev. 1500 Court Street, Room 206 City of Redding Redding, CA 96001 760 Parkview Avenue Redding, CA 96001 Notice of termination of this agreement shall be deemed to have been served when it is deposited in the United States mail , postage prepaid, and addressed as above prescribed. 8 4/0 ' REDP Grant Agreement FY 1987-88 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. COUNTY OF SHASTA iI Abe Hathaway, Chairman Board of Supervisors , County of Shasta, State of California CONTRACTOR Robert Christofferson ATTEST: City Manager, City of Redding 1 Ann Reed, Clerk of the Board of _ Supervisors, County of Shasta, State of California .i • 9 jl 11 ION PROPOSER OPOSE R APPLICAT TO , . COUNTY OF SHASTA RURAL ECONOMIC DEVELOPMENT PROMOTION ---------'—'----:-- ,-- -.7.:-. : GRANT PROGRAM . ;..j ACTIVITY DESCRIPTION Complete one form for each activity. Organization: City of Redding 1 . Activity title : Report of Characteristics ils ' 2 . Activity Number : 1 of 1 r , 3 . Amount of funds requested for this activity: $8 , 958 . . • l' The following questions ( 4 through 6 ) are required to meet program reporting requirements mandated by State Law. i '� 4 . Estimated number of jobs to be created or retained as a result of this activity: 50 to 100/year ( see explanation on Exhibit "A" . . e 5 . Estimated number of businesses expected to be attracted as a • result of this activity: 5 to 10/year .( see explanation on Exhibit "A" . :i 6 . Estimated amount of tax revenues to be generated as a result • of this activity: $50 , 000 to $300 , 000 ( see explanation on (: Exhibit "A" . 1 7 . Detailed description of the activity. (Attach additional '' pages , as needed; should not exceed two typed pages ) . The various Shasta County and Redding area agencies have utilized a selection of reports in carrying out their . 1 economic development activities. These include "The Characteristics of the Redding Area , " first published by the City of Redding in 1985 . It was a follow-up to the original ; SRI Economic Profile of the Greater Redding Area prepared by • •1 SRI . To date , over two thousand editions of the 1985 report have been circulated by way of trade shows , mail and drop-in traffic. The proposed activity for this grant is the preparation and • ". printing of an updated and enhanced report identifying the economic characteristics of the Redding 'Area. The REDP funds would be used to combine and print updates of the SRI 1 Report and the Redding Characteristics Report . Unlike the i4,, black and white printed version of the 1985 report , the E .i _ , Ilir 0410 } F revised edition would consist of 60 - 70 pages and contain color plates of charts and graphs , as well as photos that highlight the quality of life in the Redding Area . The new report will act to compliment the "calling cards" of ,+ local agencies in their economic development efforts by • supplying the specific details and data necessary for prospective businesses to imake qualified decisions about Redding and Shasta County. Redding area statistics also overlap regional data. The proposed report will continue to • demonstrate Redding as a central resource whose success ''j naturally contributes to the success of the surrounding area . Such a document must be aggressive and dynamic , reflecting changes that have occurred as well as future prospects for development. • The City of Redding Department of Planning and Community Development would assume the lead role in the development of ;i the new document. With a limited budget and a trend toward "basic" services , no funds are available through the City general fund to carry out this project. This project would make logical and , appropriate use of the REDP grant funds . ;I Estimated production costs of the report were developed from past experience and in consultation with local printers. Much of the cost of research would be borne by the City using staff with the input and cooperation of other local agencies . :I Production of a new report reinforces commitment of .the people of Redding and Shasta County toward attracting quality development. Maintaining and enhancing our basic • tools of the trade will act to confirm the prospects for future industrial and commercial development. • f { 1 EXHIB T.:A • III RURAL ECONOMIC DEVELOPMENT PROMOTION GRANT PROGRAM ACTIVITY NARRATIVE • • 1 . Describe how the proposed activity ' kill' assist -in meeting- the County's economic development needs . (Attach additional pages as needed ; should not exceed two typed pages ) . The City of Redding is proposing to develop a promotional packaae that would be made available -at no charge to all governmental and private organizations participating in •1 economic development activities in Shasta County. This • package would provide an update to the SRI Study and Characteristics of the Redding Area Report. This type of approach builds on what has been developed in . •i the past and will reinforce and extend the enthusiastic, friendly, cooperative approach used by promoters of the area in their recruitment efforts to the development phase. The product developed under this proposal will be available to ' all organizations promoting economic development. The EDC and Redding Convention and Tourism Bureau are currently using the Characteristics Report in their promotional activities. This proposal expands on the intent of the Economic Development Task Force which embodies the spirit of working together to address and solve the County' s -economic .. � development needs . The specific activity proposed here will provide a uniform professional marketing tool that will be available to and used by all agencies , thereby fostering the -spirit of a cooperative effort among agencies and reinforce the desire to work together toward a common goal . This proposal is the first step toward the development „of a. - long-term uniform -approach to marketing -economic development efforts . This approach will save money - through the development of an integrated marketing product that can be reproduced and available to a broad spectrum of clientele. • • .i . - • f .. • COUNTY OFSHASTA • 'EXHIBIT ,A III RURAL ECONOMIC DEVELOPMENT PROMOTION GRANT PROGRAM ACTIVITY BUDGET INFORMATION AND MILESTONES ._ Complete One form for Each Activity: 1 . Oraanizetion: City of Redding 2 . Activity Title : Characteristics Report of the Redding Area 3 . Activity Number: to --(Characteristics Report) SECTION A S . Organization ' s Proposed Activity Funding Sources • Funding Amounts r Source of Funds State Local Federal Private Other Totals • a. REDP Grant 8,958 8,958(See Note 1 ) b. City General Fund 2,472 2,472 c. d . e. f. Totals 8,958 2,472 11 ,430 • SECTION B 5 . Organization ' s Proposed Activity Budget Categories Source of Funds - Category a. b . c . d . e . Totals ( 1 ) Personnel - - 7.472 _ 2,472 (See Note ( 2 ) Contractual* ( 3 ) Travel ( 4 ) Equipment ( 5 ) Other Operating Expenses ( 6 ) Other ( specify ) 8,958 B,958 (See Note ( 7 ) Totals 8,958 2,472 11 ,430 "Please list -separately each proposed contract . Include the purpose of each contract (e.g . , printing promotional brochures , etc. ) , the estimated amount and the contract ' s estimated duration. Where possible , use the above budget format to show funding sources and expenditures by category for the contract . Attach the list to this form. Note 1 : See attached bids for report and personnel cost for City contribution. ' Note 2: This figure is for printing 2,000 copies of the report and includes a 10% contingency. • • EXHIBIT A . . PROPOSER APPLICATION . . , , • COUNTY OF SHASTA SECTION C 3 . i1 tones and Forecasted Cash -Needs TINE PERIOD #1 ff 1 a . Activity Milestones -City staff Type & Print report research proofing 2,000 copies data for report. end bistribute. report and photography. b. Projected Semi—annual t .4t, Expenditures $8 ,958 tt 0 0 0 (State RED? grantfunds only) *Time Period #1 - October 9 , 1987 , through April 9 , 1988 , - • 411 EXHIBIT B ALLOWANCES AND REIMBURSEMENTS Business and Travel Expense The State agrees to reimburse the Grantee in accordance with the following provisions for out-of-pocket expenses incurred because of travel on official business . The State agrees to reimburse employees in accordance with existing Administrative Code Sections . except as set forth below: II 1. Mileage Reimbursement: a . Where an employee is authorized by the Department head or designee to operate a privately-owned automobile, the employee will be allowed to claim 20. 5 cents per mile without certification that it cost the employee more than up to 30 cents per mile with certification. 2 . Subsistence Allowance: a . In computing travel allowance, the following reimbursement will be allowed in any 24-hour period or fractional part thereof : ij Statewide Designated High Cost Areas Lodging $47 .00 Up to $63 .00 (with receipt) Breakfast 4 .00 5 .00 Lunch 7 .00 8 .00 Dinner 13 .00 15 .00 Incidental Allowance 4 .00 4 .00 $75 .00 $95 .00 b. Designated High Cost Areas : To be eligible for the higher lodging allowance, the employee must be required to travel to the designated high cost areas and must furnish a commercial lodging receipt for the day(s) of travel which bears one of the following ZIP Codes : San Francisco: 94102. 94103 . 94104. 94105 ,94107. 94108 . , • 94109 . 94110. 94111. 94112 . 94114. 94115 . 94116. 94117. 94118 . 94121. 94122 . 94123 . 94124. 94127. 94129 . 94131. 94132 . 94133 . 94134 - 'I ` 1 Los--Angeles : 90004 . 90005 . 90006 . 90007 . 90010. '90012. 0 90020. 90021. 90024. 7 90 19 9001 5 9 001 90013 . �OQ14 . --90025 . -90028 . 90035 . 90036. 9003B; 90041. 90045 . 90046. _ 90048 . -90049 . 90057 . 90064 . 90067. 90069. 90071.- 90077. 90210. 90212 . 90230. 90245 Long Beach: 90801. 90802. 90803 . 90804 . 90815 Monterey: 93940 Oakland: 94606. 94607. 94608 . 94621 San Diego: 92101. 92103 . 92106 . 92108 . 92109 . 92110 San Jose: 95112. 95113 . 95121. 95131 Santa Barbara: 93101. 93105 . 93108. 93110. 93117 Receipts bearing other than the above ZIP Codes, or no receipts. will limit reimbursement to the statewide rate of $75 . 3176D i -