roll call: mayor/chairman/president: council chamber raul

*Commissioners receive a $30.00 stipend per each meeting held and attended.

. Tuesday, August 10, 2021

Regular Meeting 6:00 p.m.

Council Chamber Next Resolution No. 7144 Next Ordinance No. 1143

Next Agreement No. 21-2018 Successor Agency to PRRA Next Resolution No. SA-21-19

Next Ordinance No. SA-01 Next Agreement No. S21-006

Housing Assistance Agency Next Resolution No. HA-105

Next Ordinance No. HA-16 Water Authority

Next Resolution No. 21-33 Next Ordinance No. 21-01 Next Agreement No. 21-57

Public Financing Authority Next Resolution No. PFA-21-13

ROLL CALL: Mayor/Chairman/President: Raul Elias Mayor Pro Tempore/Vice Chairman/Vice President: Dr. Monica Sanchez Councilmembers/Directors/Commissioners: Gustavo V. Camacho Andrew C. Lara Erik Lutz

INVOCATION: PLEDGE OF ALLEGIANCE: CERTAIN PROVISIONS OF THE BROWN ACT ARE TEMPORARILY WAIVED PURSUANT TO GOVERNOR NEWSOM’S EXECUTIVE ORDER N-25-20 AND N-29-20. IN THE INTEREST OF PUBLIC HEALTH AND SAFETY, CITY HALL FACILITIES ARE TEMPORARILY CLOSED TO THE PUBLIC UNTIL FURTHER NOTICE. CITY COUNCIL MEETINGS CAN BE VIEWED LIVE ON CTV3 AND THE CITY’S WEBSITE AT WWW.PICO-RIVERA.ORG. IF YOU WISH TO SUBMIT A PUBLIC COMMENT CARD ON ANY OF THE LISTED AGENDA ITEMS OR NON-AGENDA ITEMS, YOU MAY DO SO IN ADVANCE BY EMAIL TO THE CITY CLERK’S OFFICE AT [email protected] PRIOR TO 4:00 P.M. ON THE DAY OF THE MEETING. PLEASE PROVIDE YOUR FULL NAME AND SUBJECT. SPECIAL PRESENTATION(S):

• Certificate of Recognition – Pico Rivera Dons Football Head Coach • Los Angeles County Sheriff’s Department – Homeless Services Team

PLEASE TURN OFF ALL PAGERS AND/OR PHONES WHILE MEETING IS IN SESSION AND PLEASE REFRAIN FROM TEXTING DURING THE MEETING

**************************************************************************************************** In compliance with the Americans with Disabilities Act of 1990, the City of Pico Rivera is committed to providing reasonable accommodations for a person with a disability. Please call the City Clerk’s office at (562) 801-4389, if special accommodations are necessary and/or if information is needed in an alternative format. Special requests must be made in a reasonable amount of time in order that accommodations can be arranged (within 24 to 48 hours’ notice).

Meeting jointly and regularly with the Pico Rivera Successor Agency to the Pico Rivera Redevelopment Agency (as needed); Pico Rivera *Housing Assistance Agency (as needed); Pico Rivera Water Authority (as needed); and Public Financing Authority (as needed)

http://www.pico-rivera.org/

mailto:[email protected]

08-10-2021 Agenda City Council of 8 PUBLIC HEARING(S): City Council: 1. Public Hearing – Approval of a Proposed Resolution Determining that the

Public Interest and Necessity Require the Acquisition of Streetlights Owned by Southern California Edison Located Within the City of Pico Rivera by Eminent Domain. (1100)

a. Open hearing b. Memo from City Manager

c. Written Communications d. Oral Communications e. Close hearing f. Recommendation:

1. Approval of a proposed resolution of necessity determining that the public interest and necessity require the acquisition of streetlights owned by Southern California Edison located within City boundaries by eminent domain; and

2. Confirm by a two-thirds vote on the proposed resolution of necessity that, the City Council of the City of Pico Rivera, to the best of its knowledge, has found and determined to have satisfied the requirements for a claim in eminent domain as outlined by California Code of Civil Procedure (CCP) section 1245.230, et seq.

Resolution No. _____ A RESOLUTION OF NECESSITY BY THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF SOUTHERN CALIFORNIA EDISON’S STREETLIGHT SYSTEM BY EMINENT DOMAIN

2. Public Hearing – Approval of a Proposed Resolution Amending Customer Power Generation Rate Schedule for Pico Rivera Innovative Municipal Energy (PRIME). (1100)


c. Written Communications d. Oral Communications e. Close hearing f. Recommendation: 1. Conduct a public hearing; and 2. Approve a resolution amending the customer power generation rate

schedule for Pico Rivera Innovative Municipal Energy (PRIME).

Resolution No. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, AMENDING THE CUSTOMER POWER GENERATION RATES FOR THE PICO RIVERA INNOVATIVE MUNICIPAL ENERGY (PRIME) COMMUNITY CHOICE AGGREGATION PROGRAM

08-10-2021 Agenda City Council of 8 3. Public Hearing – Approval of a Proposed Resolution Authorizing the City

Manager Limited Administrative Authority to Adjust Pico Rivera Innovative Municipal Energy (PRIME) Rates. (1100)


c. Written Communications d. Oral Communications e. Close hearing f. Recommendation: 1. Conduct a public hearing; and 2. Approve the proposed resolution authorizing the City Manager to

make certain limited adjustments to customer power generation rates for Pico Rivera Innovative Municipal Energy (PRIME).

Resolution No. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO MAKE CERTAIN LIMITED ADJUSTMENTS TO CUSTOMER POWER GENERATION RATES FOR PICO RIVERA INNOVATIVE MUNICIPAL ENERGY

PUBLIC COMMENTS - IF YOU WOULD LIKE TO COMMENT ON ANY LISTED AGENDA ITEMS OR NON-AGENDA ITEMS, PLEASE EMAIL THE CITY CLERK’S OFFICE AT [email protected] PRIOR TO 4:00 P.M. ON THE DAY OF THE MEETING. ALL EMAILS WILL BE READ INTO THE PUBLIC RECORD. When you are called to speak, please come forward and state your name and city of residency for the record. You have three (3) minutes to make your remarks. In accordance with Government Code Section 54954.2, members of the City Council may only: 1) respond briefly to statements made or questions posed by the public; 2) ask a question for clarification; 3) provide a reference to staff or other resources for factual information; 4) request staff to report to the City Council at a subsequent meeting concerning any matter raised by the public; and 5) direct staff to place a matter of business on a future agenda. City Council members cannot comment on items that are not listed on a posted agenda. CONSENT CALENDAR ITEMS: All items listed on the Consent Calendar may be acted on by a single motion without separate discussion. Any motion relating to a Resolution or Ordinance shall also waive the reading of the titles in full and include its adoption as appropriate. If discussion or separate vote on any item is desired by a Councilmember or staff, that item may be pulled from the Consent Calendar for separate consideration. City Council: 4. Minutes:

• City Council regular meeting of July 13, 2021 Recommendation: Approve


08-10-2021 Agenda City Council of 8 5. 2nd Warrant Register of the 2021-2022 Fiscal Year. (700) Check Numbers: 287664-287689; 287690-287713; 287714-287745; 287746-

287754; 287755-287755; 287756-287806 Special Check Numbers: None Recommendation: Approve 6. Resolution Authorizing the Execution of Agreements and Acceptance of a

Grant Award from the California Department of Transportation Sustainable Transportation Planning Grant Program for the Historic Whittier Boulevard Multi-Modal Revitalization Plan. (700)

Recommendation: 1. Approve a resolution authorizing the execution of agreements with the

California Department of Transportation (Caltrans); 2. Accept the Grant Award in the amount of $332,000 from the Caltrans

Sustainable Transportation Planning Grant Program for the Historic Whittier Boulevard Multi-Modal Revitalization Plan;

3. Amend the fiscal year (FY) 2021-22 Budget to appropriate $332,000 from the Caltrans Sustainable Transportation Planning Grant Program for the Historic Whittier Boulevard Multi-Modal Revitalization Plan within the Miscellaneous State Grants (Fund 299), Account No. 699.11.1110-54500-NonCIP4687; and

4. Amend the FY 2021-2022 Budget to appropriate $25,015 from Measure R Local Return (Fund 299), Account No. 207.20.11.1110-54500-NonCIP4687.

Resolution No. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, AUTHORIZING THE EXECUTION OF AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CITY OF PICO RIVERA HISTORIC WHITTIER BOULEVARD MULTI-MODAL REVITALIZATION PLAN

7. Resolution Authorizing the Applications, Acceptance of Funds and Administration for Measure A Grant Funds. (700) Recommendation:

1. Approve a resolution authorizing the filing of applications, acceptance of funds and administration of Measure A grant funding for park, recreation, open space programs, and projects and their maintenance; and

2. Authorize the City Manager to execute all related grant documents.

Resolution No. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, APPROVING THE ACCEPTANCE OF MEASURE A FUNDS FROM THE LOS ANGELES COUNTY SAFE, CLEAN NEIGHBORHOOD PARKS AND BEACHES MEASURE OF 2016

8. Approve Amendment No. 2 to Agreement No. 15-1615 to Renew the Tyler

Technologies (New World Systems Software License, Maintenance and Services) Agreement for the City of Pico Rivera Financial System. (500)

08-10-2021 Agenda City Council of 8 Recommendation:

1. Authorize the City Manager to execute the renewal maintenance and support agreement with Tyler Technologies, the parent company of New World Systems, Inc. for the support and maintenance of the existing City of Pico Rivera financial system, for an amount not-to-exceed $84,000 for fiscal year 2021-22 by executing Amendment No. 2 to the original software license and service Agreement No. 15-1615, dated August 10, 2015.

Agreement No. 15-1615-2 9. Contract for Tree Maintenance Services with West Coast Arborists, Inc. (500) Recommendation:

1. Approve a three-year contract with two one-year renewal options with West Coast Arborists, Inc., for Tree Trimming Services as follows:

a. Annual trimming of trees on a three-year cycle in the amount of $250,000 per year;

b. Establish a contingency task budget of $150,000 per year to utilize at the City’s discretion for special tree trimming requests, tree removals or tree replacements;

2. Authorize the City Manager to execute the contract in a form approved by the City Attorney.

Agreement No. ________ 10. Amendment No. 2 to Tree Maintenance Services Contract with West Coast

Arborists, Inc. (500) Recommendation:

1. Approve completion of tree trimming backlog of 470 trees; and 2. Authorize the City Manager to execute contract Amendment No. 2 to

Agreement No. 19-1928 in a form approved by the City Attorney. Agreement No. 19-1928-2 11. Pico Rivera Regional Bikeway Project (CIP No. 21280), Federal Project No.

ATPL-5351 (032) – Amendment No. 3 to Professional Services Agreement No. 18-1844 with BKF Engineers. (500)

Recommendation: 1. Authorize the City Manager to execute Amendment No. 3 to Professional

Services Agreement No. 18-1844 with BKF Engineers for a fee not-to-exceed $225,037.

Agreement No. 18-1844-3 12. Annual Sidewalk Improvement Project (CIP No. 50038) – Authorization to

Advertise for Construction. (500) Recommendation:

1. Approve Plans, Specifications and Estimate (PS&E) for the Annual Sidewalk Improvement Project (CIP No. 50038) and authorize the City Clerk to publish the Notice Inviting Bids;

08-10-2021 Agenda City Council of 8 2. Approve the Notice of Exemption (NOE) for the subject project and

authorize the City Clerk to file the NOE with the County Recorder, in accordance with the California Environmental Quality Act (CEQA); and

3. Approve the Total Project Budget. 13. Approve the Proposed Second Early Retirement Incentive Program Side

Letters for Service Employees International Union Local 721 Full-Time Unit and Pico Rivera Mid-Managers, Professionals and Confidential Employee Association. (500) Recommendation:

1. Approve the proposed side letters with the City employee groups establishing a Second Early Retirement Incentive Program (ERIP II).

14. Fiscal Year 2020-2021 Fourth Quarter Treasurer’s Report, June 30 2021. (700)

Recommendation: 1. Receive and file the Treasurer’s Report for the quarter ending June 30,

2021, which represents balances and activities for the fourth quarter (April through June) of the 2020-21 fiscal year.

Water Authority: 15. Minutes:

• Water Authority regular meeting of July 13, 2021 Recommendation: Approve

16. PFAS Treatment System Project (CIP No. 50042) – Amendment No. 2 to Professional Services Agreements for PFAS Pre-Filters. (500) Recommendation:

1. Approve Amendment No. 2 to the Professional Services Agreement No. 21-51 with Aqueous Vets to provide pre-filters and associated services for the PFAS Treatment System Project, CIP 50042, for an added not-to-exceed amount of $28,003.50, and authorize the Executive Director to execute the agreement in a form approved by the General Counsel.

Agreement No. 21-51-2 17. PFAS Treatment System Project (CIP No. 50042) – Award Professional

Services Agreement for Ion Exchange Resin for PFAS Treatment System. (500)

Recommendation: 1. Award a Professional Services Agreement in the amount of $2,494,477 to

Calgon Carbon Corporation for the procurement of Ion Exchange (IX) resin for treatment of per- and polyfluoroalkyl substances (PFAS) for the PFAS Treatment System Project (CIP No. 50042) and authorize the Executive Director to execute the agreement in a form approved by the General Counsel.

Agreement No. ________

08-10-2021 Agenda City Council of 8 18. PFAS Treatment System Project (CIP No. 50042) – Award Professional

Services Agreement for Butterfly Valves for PFAS Treatment System. (500) Recommendation:

1. Award a Professional Services Agreement to CS-amsco for the procurement of butterfly valve for treatment of per- and polyfluoroalkyl substances (PFAS) – PFAS Treatment System Project (CIP No. 50042) in the amount of $85,105 and authorize the Executive Director to execute the agreement in a form approved by the General Counsel.

Agreement No. ________ 19. Approve Purchase Orders with Automated Water Treatment and Ferguson

Water Works for Fiscal Year 2021-22. (700) Recommendation:

1. Approve a purchase order in the amount of $90,000 for the purchase of chlorine disinfection supplies from Automated Water Treatment; and

2. Approve a purchase order in the amount of $90,000 for the purchase of Automatic Meter Reading (AMR/AMI) water meters and AMR/AMI registers from Ferguson Water Works.

CONSENT CALENDAR ITEMS PULLED FOR FURTHER DISCUSSION REGULAR AGENDA: 20. Approval of a Proposed Resolution Authorizing Participation in the Institute

for Local Government’s Beacon Program. Recommendation:

1. Approve the proposed resolution supporting the City of Pico Rivera’s (City) participation in the Institute for Local Government’s Beacon Program; and

2. Authorize the City Manager or his/her authorized designee to accept any recognition or honor awards granted through the program.

Resolution No. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, APPROVING PARTICIPATION IN THE INSTITUTE FOR LOCAL GOVERNMENT’S RECOGNITION PROGRAM, THE BEACON PROGRAM

21. Discussion Item – Amend the Zoning Code to Allow for the Conversion of

Garages. (1300) Recommendation:

1. Discuss for consideration amending the Pico Rivera Municipal Code Title 18 Zoning Code to permit the legal conversion of garages to a den, game room or similar accessory structure.

22. Term Limits for City Council. (100) Recommendation:

Provide direction to the City Manager and City Attorney to: 1. Draft an initiative and ordinance to be presented to the voters to establish

term limits for members of the City Council; or

08-10-2021 Agenda City Council of 8

2. Defer action on the issue to a later date; or 3. Take no further action

23. Smith Park Aquatic Center Pool Project Status Update. (800) Recommendation:

1. Receive and file.

24. American Rescue Plan Act Initial Funding and Interim Reporting. (700) Recommendation:

1. Receive and file the discussion on initial funding and interim reporting. CITY MANAGER/STAFF REPORTS NEW BUSINESS OLD BUSINESS INTERGOVERNMENTAL AGENCY MEETINGS, AB 1234 REPORTS CLOSED SESSION: a. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4) Consideration of initiation of litigation – One matter ADJOURNMENT

AFFIDAVIT OF POSTING

I, Anna M. Jerome, City Clerk, for the City of Pico Rivera, DO HEREBY CERTIFY, under penalty of perjury under the laws of the State of California, that the foregoing notice was posted at the Pico Rivera City Hall bulletin board, Pico Rivera website www.pico-rivera.org, Pico Rivera Post Office and Parks: Smith, Pico and Rivera which are available for the public to view on this 5th, day of August 2021. Dated this 5th, day of August 2021 Anna M. Jerome, CMC City Clerk

SB343 NOTICE

In compliance with and pursuant to the provisions of SB343 any public writing distributed by the City Clerk to at least a majority of the City Council Members regarding any item on this regular meeting agenda will be available on the City’s website.



STATEMENT REGARDING DECORUM AT CITY COUNCIL MEETINGS

If you wish to speak at the time set aside for public comments, the City Council has established the following standards and Rules of Decorum as allowed by State law.

• Public comment is limited to those portions of the meeting referred to as PublicComments. These portions are intended for members of the public to address the CityCouncil, Successor Agency, Housing Assistance Agency or Water Authority on mattersrelated to agendas or any other items under the subject matter jurisdiction of the CityCouncil or Agencies. Please fill out the desired color-coded card prior to the start of themeeting at 6:00 p.m. Once the meeting has begun, no further cards will be accepted.

• A yellow Public Hearing Comment Request card must be completed to speak during aPublic Hearing.

• A green Public Comment Request – Card is for those wishing to address theCouncil/Agency on agenda items or any other items under the subject jurisdiction of theCity Council/Agency.

• Citizens may address the Council, Successor Agency, Housing Assistance Agency orWater Authority once for a maximum of three minutes. After each speaker returns tohis/her seat, the Mayor shall determine the time and manner of response, but typically ifanswers are available, they will be given after all speakers have had an opportunity toaddress the City Council.

• Members of the audience are asked to refrain from clapping or otherwise speaking fromtheir seats. Those not meeting the standards for decorum may be escorted from themeeting.

RULES OF DECORUM CAN BE FOUND IN THE PICO RIVERA MUNICIPAL CODE SECTION 2.08.050 AS ESTABLISHED BY ORDINANCE 783 ADOPTED ON AUGUST 20, 1990 AND AMENDED BY ORDINANCES 822 (SEPTEMBER 21, 1992) AND 1020 (MARCH 21, 2006).

To: Mayor and Council

From: City Manager

Meeting Date: August 10, 2021

Subject: PUBLIC HEARING - APPROVAL OF A PROPOSED RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF STREETLIGHTS OWNED BY SOUTHERN CALIFORNIA EDISON LOCATED WITHIN THE CITY OF PICO RIVERA BY EMINENT DOMAIN

Recommendation: 1. Approval of a proposed resolution of necessity determining that the public interest

and necessity require the acquisition of streetlights owned by Southern CaliforniaEdison located within City boundaries by eminent domain; and

2. Confirm by a two-thirds vote on the proposed resolution of necessity that, the CityCouncil of the City of Pico Rivera, to the best of its knowledge, has found anddetermined to have satisfied the requirements for a claim in eminent domain asoutlined by California Code of Civil Procedure (CCP) section 1245.230, et seq.

Fiscal Impact: There are 1,080 streetlights located on Southern California Edison (SCE) distribution poles within the City of Pico Rivera (City). These streetlights currently have an annual operating cost to the City of approximately $234,822. Once the City obtains ownership of the streetlights, operating costs will decrease to an estimated $94,552 annually due to a lower energy rate tariff from SCE. Per the Machinery & Equipment appraisal completed on April 14, 2021, by the firm of Cushman Wakefield, the market value of the streetlights mounted to distribution poles is approximately $60,640. The City will deposit the fair market value with the Superior Court of the County of Los Angeles when filing the petition for eminent domain. Funds for the acquisition of streetlights estimated at $388,630 are available in Fund 230 (Lighting Assessment District Fund), Account No. 230.40.4990-57210. There is no impact to the General Fund.

1

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 PUBLIC HEARING - APPROVAL OF A PROPOSED RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF STREETLIGHTS OWNED BY SOUTHERN CALIFORNIA EDISON LOCATED WITHIN THE CITY OF PICO RIVERA BY EMINENT DOMAIN Page 2 of 5 Background: The City obtained ownership of approximately 2,900 standalone streetlights and poles from SCE in November of 2020. As a result of the significant savings realized from the acquisition, the City explored the option to purchase the streetlights located on SCE distribution poles. It was found that purchasing these distribution mounted streetlights would result in further savings to the City of Pico Rivera, approximately $2,772,334 over 20 years. Acquisition of the streetlights will also further the City’s goal of repairing and upgrading aging streetlight fixtures helping it achieve state-mandated greenhouse gas reduction targets. By obtaining maximum control over the streetlights’ maintenance and repairs, and direction of future upgrades, the City hopes to reduce its carbon footprint by conserving natural resources. The City has attempted to work with SCE since March of 2021 to purchase the distribution mounted streetlights in question but was unable to reach an agreement on the sale. The City’s latest written offer pursuant to California Government Code (Gov. Code) section 7267.2 was rejected by SCE on June 24, 2021. City staff encouraged SCE to engage in good-faith negotiations leading up to today’s meeting to no avail. In light of SCE’s response and the City’s interest in advancing the streetlight project (the “proposed project”), the City Council is being asked to consider approving the proposed resolution of necessity to begin the process of acquisition by eminent domain. The power of eminent domain is authorized by Article I, section 19 of the California Constitution; sections 37350, 37350.5 and 40401 et seq. of the Government Code; sections 1230.010 et seq., 1240.110, 1240.120 of the CCP; and, other applicable law. Nevertheless, the City’s power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established (CCP § 1240.030):

a. The public interest and necessity require the project; b. The project is planned or located in the manner that will be most compatible with the

greatest public good and the least private injury; and c. The property sought to be acquired is necessary for the project.

The proposed resolution of necessity attached hereto as Exhibit A (and incorporated herein by this reference), establishes these three (3) requirements. By approving the proposed resolution of necessity, the City Council will authorize the filing for an eminent domain action to acquire the streetlights for the proposed project. Before approving the resolution

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 PUBLIC HEARING - APPROVAL OF A PROPOSED RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF STREETLIGHTS OWNED BY SOUTHERN CALIFORNIA EDISON LOCATED WITHIN THE CITY OF PICO RIVERA BY EMINENT DOMAIN Page 3 of 5 of necessity, the City Council must make the following findings and determinations based on evidence presented at the hearing (CCP § 1245.220):

1. The public interest and necessity require the proposed project; Owning the streetlights mounted on SCE distribution poles is in the public interest because it has the potential of saving Pico Rivera taxpayers approximately $94,552 annually, and equally important, will allow the City to reconcile accounting issues dating back several years. For example, in an in-field audit conducted in 2019, it was discovered that SCE had conduced various accounting and administrative errors resulting in the City’s overpayment and retention of inaccurate billing records. The 2019 audit also revealed that SCE had billed the City for light fixtures which were not in existence or privately-owned, created duplicate records in the process and removed lights from the field which were nevertheless billed to the City. City ownership of the streetlights would eliminate such billing and accounting inaccuracies and provide the City an opportunity to ensure the public’s interest is better served under fiscally sound practices. The proposed project is also a necessary step in the City’s goals of achieving state-mandated greenhouse reduction and carbon neutrality targets ushered in by California Senate Bill (SB) 32 (Climate Changing Scoping Plan) signed in 2016 by Governor Jerry Brown. SB 32 and the various proceeding state orders, ensure the state’s greenhouse gas (GHG) emissions are reduced to 40 percent below the 1990’s levels by the year 2030. One way of reducing GHG emissions is by upgrading light equipment with energy-efficient bulbs. By acquiring control over the design and upgrades of the streetlights, the City will have the ability to make immediate changes to the bulbs without waiting on SCE to make such changes. Maximizing control over all streetlights in the City is a necessary step in meeting state-mandated energy efficiency goals.

2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;

Securing ownership of the streetlights on SCE distribution poles is the most compatible with the greatest public good because it will allow the City to continue providing uninterrupted service to residents already served by the City’s lighting system. The proposed acquisition will also allow the City to qualify for the lower energy tariff “LS-2” resulting in substantial annual savings and increased energy efficiency. Finally, because SCE’s streetlights are located on existing poles and on the public right-of-way, the acquisition will result in a seamless integration with the City’s current lighting system and the least private injury.

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 PUBLIC HEARING - APPROVAL OF A PROPOSED RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF STREETLIGHTS OWNED BY SOUTHERN CALIFORNIA EDISON LOCATED WITHIN THE CITY OF PICO RIVERA BY EMINENT DOMAIN Page 4 of 5

3. The property described in the resolution is necessary for the proposed project; and

Due to the location and condition of the streetlights, consistent cost-savings, repairs/maintenance and energy efficiency cannot occur without the City first obtaining ownership of the same. When calls for streetlight service repairs are placed by residents and the streetlights are determined to be SCE-owned, the City cannot make immediate and necessary repairs. Rather, it is placed in the difficult position of informing residents that control over the repairs falls upon SCE—often resulting in delays and/or incomplete repairs. For example, in August of 2020, the City informed SCE of two (2) streetlights in need of repair located on the high-traffic area of Rosemead Boulevard and Gallatin Road. As of June 2021, the repairs have not been made resulting in recurring outages placing the public in constant danger and ongoing complaints from residents concerned for their safety. By acquiring ownership of the streetlights, the City can take immediate action by maximizing control over maintenance and repairs, and direct design over future upgrades citywide in an efficient manner.

4. That either the offer required by Section 7267.2 of the Government Code has

been made to the owner or owners of record, or the offer has not been made because the owner cannot be located with reasonable diligence.

The offer required by Government Code section 7267.2 has been made to the owner of record—SCE. A written offer to purchase and an appraisal summary statement for the property was provided to SCE on May 27, 2021. SCE notified the City that it was rejecting the offer on June 24, 2021 (attached hereto as Enclosure 3). The City has been unsuccessful to date in attempts to acquire the streetlights through negotiations. With approval of the resolution of necessity as presented, the City Council will effectively declare that the City has taken all steps required under the law to initiate eminent domain proceedings including, the required offer to the owner(s) of record-based on the independent appraisal. It is important to note that the issue of compensation relative to the acquisition is not a matter being heard by the City at this time. The issue of compensation may be determined by a court of law in accordance with the laws of the State of California. Staff also notes that the purpose of the public hearing pursuant to California eminent domain law is to allow the property owner to appear and be heard. While input from the general public is welcomed, it is not required as part of the process to approve a resolution of necessity. (CCP § 1245.235).

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 PUBLIC HEARING - APPROVAL OF A PROPOSED RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF STREETLIGHTS OWNED BY SOUTHERN CALIFORNIA EDISON LOCATED WITHIN THE CITY OF PICO RIVERA BY EMINENT DOMAIN Page 5 of 5 Conclusion: The City Council is being asked to consider staff’s recommendation to approve the proposed resolution (Enclosure 1) determining that the acquisition of the streetlights by eminent domain is in the public interest and necessity requires it since such acquisition will lower energy costs to the City and improve local control over the maintenance, repair and upgrades of the streetlights.

Steve Carmona SC:KF:km Enclosures: 1) Resolution of Necessity/Exhibit A 2) City of Pico Rivera Offer Letter dated May 26, 2021

3) SCE Letter to the City Rejecting Offer dated June 24, 2021 4) AlvaradoSmith Letter 5) Public Hearing Notice

cayala

Steve Carmona

RESOLUTION NO. _______

A RESOLUTION OF NECESSITY BY THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF SOUTHERN CALIFORNIA EDISON’S STREETLIGHT SYSTEM BY EMINENT DOMAIN

WHEREAS, this City Council has considered the advisability of acquiring streetlight facilities owned by Southern California Edison (SCE), which provide lighting to public streets within the public right-of-way; and

WHEREAS, this acquisition will establish various benefits for the community, including lower rates, cost savings, expedited maintenance, reduced greenhouse gas emissions, authority over lighting design, and more accurate billing, which are all for the public good; and

WHEREAS, by this Resolution of Necessity, City proposes to acquire the streetlight facilities, which include fixture, arm, and wiring currently attached to the distribution pole (“Property”), located within public right-of-way within the City boundaries, and are for a public use. The streetlight facilities to be acquired are described in the attached Exhibit “A”; and

WHEREAS, this City Council has authorized discussions between its representatives and representatives of SCE for acquiring such facilities without the necessity of litigation; and

WHEREAS, an offer was made to SCE as required by Section 7267.2 of the Government Code on May 27, 2021, which included a written statement of, and summary of the basis for, the amount it established as just compensation based on the expertise and appraisal of an independent third-party; and

WHEREAS, SCE and City representative have been unable to reach an agreement on the purchase of the streetlight facilities; and

WHEREAS, City is authorized to acquire the streetlight facilities and exercise the right of eminent domain for the public use, pursuant to and in accordance with Article I, Section 19 of the California Constitution; sections 37350, 37350.5 and 40401 et seq. of the California Government Code; sections 1230.010 et seq., 1240.110, 1240.120 of the California Code of Civil Procedure; and, other applicable law; and

Enclosure 1

1a

RESOLUTION NO____ Page 2 of 4

WHEREAS, the City Council has provided the notice and held the hearing required by Section 245.235 of the California Code of Civil Procedure, and no legal impediment to proceeding with the acquisition has been shown.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:

SECTION 1. The recitals contained herein are true and correct and incorporated

herein by this reference. SECTION 2. Findings. The City Council, after consideration of the staff report, staff

presentation, discussion, oral testimony and evidence presented at its meeting on August 10, 2021 hereby finds, determines and declares as follows:

a. The City Council is authorized by statute to acquire property within the City of

Pico Rivera by eminent domain for the SCE streetlight acquisition project (“Project”).

b. The public interest, convenience and necessity require the proposed Project, which includes the repair, retrofit and conversion of the streetlights to energy-efficiency conduits resulting in immediate annual cost-savings for the City and its residents.

c. The interests in the Property to be acquired are described in Exhibit “A,” attached hereto and incorporated herein by this reference. The Property is located in the City of Pico Rivera, in the County of Los Angeles, State of California.

d. The Project is planned and located in a manner that will be most compatible with the greatest public good and least private injury.

e. The taking of the Property is necessary for the stated Project and such taking is authorized by Article I, Section 19 of the California Constitution; sections 37350, 37350.5 and 40401 et seq. of the California Government Code; sections 1230.010 et seq., 1240.110, 1240.120 of the California Code of Civil Procedure; and, other applicable law.

RESOLUTION NO____ Page 3 of 4

f. The City has made the offer to the owner of the Property as required by California Government Code section 7267.2.

g. The City has given necessary notice of hearing on this Resolution as required by Code of Civil Procedure section 1245.235. The City Manager has given notice on behalf of the City Council of the proposed adoption of this Resolution of Necessity to acquire property by eminent domain.

h. The City determines that the Project is in conformance with the California Environmental Quality Act (CEQA) and categorically exempt under Section § 15301(b) (Exiting facilities).

SECTION 3. The City Council hereby declares its intention to acquire the Property

pursuant to the laws of the State of California governing condemnation. SECTION 4. The City Council further finds pursuant to Code of Civil Procedure

section 1240.610, if any portion of the Property has been appropriated to some public use, the public uses described above to which it is to be applied by the City are more necessary and paramount public uses.

SECTION 5. Legal counsel for City is hereby authorized and directed to institute

and conduct to conclusion eminent domain proceedings to acquire the Property and to take such actions that counsel deems advisable or necessary in connection therewith. Counsel is further authorized to correct any errors or to make or agree to non-material changes in the description of the Property interests to be acquired that are deemed necessary for the conduct of the condemnation action.

SECTION 6. This Resolution shall be effective immediately upon its adoption. SECTION 7. The City Clerk shall attest to the passage of this resolution and it shall

thereupon be in full force and effect.

RESOLUTION NO____ Page 4 of 4 APPROVED AND PASSED by two-thirds of all members of the City Council of the City of Pico Rivera this 10th day of August, 2021.

____________________________

Raul Elias, Mayor ATTEST: APPROVED AS TO FORM: ____________________________ _______________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES: NOES: ABSENT: ABSTAIN:

Steve Carmona

City Manager

City of Pico Rivera OFFICE OF THE CITY MANAGER 6615 Passons Boulevard · Pico Rivera, California 90660

(562) 801-4371Web: www.pico-rivera.org e-mail: [email protected]

City Council Raul Elias

Mayor

Dr. Monica Sánchez Mayor Pro Tem

Gustavo V. Camacho Councilmember

Andrew C. Lara Councilmember

Erik Lutz Councilmember

May 26, 2021

John King BCD Manager of Street Light Projects Southern California Edison 6090 North Irwindale Avenue, Suite B Irwindale, California 91706

RE: OFFER TO PURCHASE THE EXISTING STREETLIGHT SYSTEM OWNED BY SOUTHERN CALIFORNIA EDISON IN THE CITY OF PICO RIVERA

Dear John King,

This letter officially establishes the City of Pico Rivera’s interest and desire to purchase the streetlight system currently owned by Southern California Edison (SCE). Specifically, the City of Pico Rivera requests to purchase all streetlights located on any type of pole within the boundaries of the City. This includes the streetlight fixture, the arm, any and all wiring above the ground feeding the streetlight from SCE (excludes any wiring associated with the utility distribution network), and the pole (if a standalone pole) – please refer to the enclosed appraisal for more details.

In compliance with all State regulations, an independent appraiser determined the fair market value of the City of Pico Rivera’s streetlight system. Enclosed is a copy of the appraisal completed on April 14, 2021.

Therefore, the City of Pico Rivera offers to SCE the amount of $60,640, the fair market value of the system, in exchange for the transfer of the streetlight system assets (as described in the enclosed appraisal) to the City.

Upon written acceptance of the City of Pico Rivera’s offer, the City of Pico Rivera will arrange for the transfer of full payment to SCE. As time is of the essence, the City of Pico Rivera requests your response to this offer no later than June 24, 2021, after which the offer is deemed withdrawn.

This offer is conditional and subject to the City of Pico Rivera’s final review and approval and in accordance with the requirements of Section 7267.2 of the Government Code. Please be aware that nothing in this letter is intended to pre-commit the City of Pico Rivera to any particular action with respect to the proposed acquisition of this property.

Enclosure 2

1b


Please contact me as soon as possible if you have any questions, or would like to discuss this offer. I can be reached at (562) 801-4437 or via email at [email protected]. Sincerely, Kaitlin McGee Senior Analyst cc: Arnold Alvarez-Glasman, City Attorney, [email protected] Enclosures: 1) Summary Statement of Offer Basis

2) Appraisal from Cushman & Wakefield completed on April 14, 2021 3) Information pamphlet on eminent domain


Lisa DeLorme Senior Attorney Commercial Litigation Phone: 626-302-6889 Service/Notice: [email protected] Correspondence: [email protected]

P.O. Box 800 2244 Walnut Grove Ave., Rosemead, California 91770 Phone: 626-302-6889 Fax: 626-302-5951

June 24, 2021

VIA ELECTRONIC MAIL & US MAIL

Kaitlin McGee Senior Analyst, City of Pico Rivera Administration Department - PRIME 6615 Passons Boulevard Pico Rivera, CA 90660 [email protected] Phone: 562-801-4437 Fax: 562-801-4359

Re: Offer to Purchase Streetlight Facilities

Dear Ms. McGee:

SCE is in receipt of the City of Pico Rivera’s offer to purchase SCE’s streetlight system. SCE must decline the offer. As it has indicated, the streetlights which Pico Rivera seeks to acquire are largely located on distribution poles and are unsuitable for acquisition.

SCE requests that the City reconsider its effort to force SCE to sell assets which it does not wish to sell. Eminent domain with an unwilling seller increases the time, cost and uncertainty the City will face. By comparison, SCE’s LS-1 Option E brings savings to the community immediately after implementation, allows for the continued application of the Distribution Pole Street Light Discount, and relieves the City of the additional cost, staff resources, time and that will be associated with contested legal and regulatory proceedings.

SCE maintains hope that it can partner with Pico Rivera in positive and collaborative ways which will bring increased benefits to your community, rather than proceeding to contested legal and regulatory proceedings.

Very truly yours,

Lisa DeLorme

Enclosure 3

1c

Keith E. McCullough

714.852.6800

[email protected]

Orange County Office

Raymond G. Alvarado

1936-2014

W WW . AL V AR AD O S M IT H . CO M

O R AN G E C O U N TY

1 MACARTHUR PLACE, SUITE 200

SANTA ANA, CA 92707

T 714.852.6800

F 714.852.6899

L O S ANG EL ES

633 W. FIFTH STREET, SUITE 900

LOS ANGELES, CA 90071

T 213.229.2400

F 213.229.2499

SA N FR AN C IS C O

235 PINE STREET, SUITE 1150

SAN FRANCISCO, CA 94104

T 415.624.8665

F 415.391.1751

5100074.1 -- N948.275

August 2, 2021

VIA EMAIL AND FEDEX OVERNIGHT

Kaitlin McGee Senior Analyst City of Pico Rivera 6615 Passons Boulevard Pico Rivera, CA 90660 [email protected]

Re: City's Offer To Acquire Electric Distribution, Pole-Mounted Streetlights

from Southern California Edison Company Dear Ms. McGee,

We are counsel to Southern California Edison Company (SCE), and SCE has referred the City’s Offer, dated May 26, 2021, to us for further response. There are numerous reasons why the City’s Offer does not legally or factually conform to the statutory requirements of Government Code section 7267.2 and the case of City of San Jose v. Great Oaks Water Co. (1987) 192 Cal.App.3d 1005, 1011-1013 and its progeny. As we explain below, the City’s Offer is invalid and ineffectual and cannot support the potential adoption of a Resolution of Necessity, as a valid and conforming Offer is a pre-requisite to the subsequent consideration of the exercise of eminent domain to condemn the assets identified in the Offer. Please retract the Offer and take corrective actions to issue a new Notice of Intent to Appraise for statutory conformance if the City is still intent on seeking the acquisition of the referenced assets.

Unqualified Appraiser

The City’s agent and delegated contractor seeking to secure control of SCE’s street lighting system under threat of condemnation, Tanko Streetlighting, Inc., has provided a cover letter and introduction to the purported appraisal conducted by its sub-consultant, Cushman & Wakefield (CW). The designated appraiser at CW, J. Fernando Sosa, lists in his biographical sketch on CW’s website (repeated in the “Qualifications” section of the appraisal), that amongst other machinery and equipment appraisals he has addressed appraisals in “Power Generation: Renewable/Traditional Fuels”. Power generation activities are not relevant to streetlighting equipment and its interconnected operational system. No other listed industry or type of equipment for Mr. Sosa on the CW website or in the “Qualifications” would have even a

Enclosure 4

1d

http://www.alvaradosmith.com/

Kaitlin McGee August 2, 2021 Page 2

5100074.1 -- N948.275

tangential connection to distribution pole-mounted streetlights and the integrated electric system of which they are a part. While there are references in Mr. Sosa’s list of speaking engagements addressing the appraisal of wind and solar renewable assets, there is no mention of valuing streetlighting equipment and the interconnected electric system of which they are a part, or in appraising electrical equipment that forms part of a larger integrated electrical network at the distribution, sub-transmission or transmission level voltages. Mr. Sosa does not appear to be qualified to have performed the analysis and to have appraised the assets and integrated system of which they are a part in this instance.

The Offer Does Not Clearly Inventory the Assets Being Valued, Identify the Basis of

Depreciation, or Address the System Being Affected

It is evident that the assets the appraiser indicates he was appraising were not viewed in the field (reference is made to a “virtual” inspection of 6 representative assets) and were instead “observed” using the Google Earth computer program. The reliability of any such review to support an appraisal of this magnitude is sorely lacking. This lack of a site visit and familiarity with the equipment and system of which the equipment is a part is compounded by the unintelligible listing that appears in the many pages at the end of the report – the pages were apparently part of a spreadsheet, but not produced in spreadsheet form. It cannot be determined which entry relates to the entries on previous or succeeding pages because care was not taken to produce the information in an intelligible form to the Offer recipient. Moreover, the appraiser admittedly relies solely upon “conversations” with unnamed personnel from the City for any information related to the facilities in place. The failure to use any quantifiable material from SCE to derive the valuation from a complicated, integrated system is glaring. The appraiser notes that operational costs can fluctuate by sixty-five percent but makes no adjustment nor considers any reportable information to support the valuation. Thus, the appraisal lacks any foundation, further undercutting its efficacy in satisfying Government Code §7267.2.

There is also no means of determining what the basis for the depreciation of the listed asset relates to. There are no meaningful examples of similar assets and their expected useful life provided in the appraisal, nor identified reference to an industry-wide compilation of life expectancy for these assets. Likewise, there is no reference to the required interconnection with these assets to a broader, interconnected electric system to actually operate the assets. This is woefully insufficient and does not conform to the statutory or case law requirements of a conforming Offer.

Inappropriate Use of the Cost Approach to Valuation and No Designation of Highest and

Best Use

The appraisal methodology chosen by the appraiser, the cost approach, is disfavored and only to be used as a last resort when other methods of appraisal are unavailable. This is an especially egregious error when the physical assets (arms, lighting heads and wires) are part of an integrated, income-producing system and cannot be segregated, yet the appraisal purports to do so with minimal analysis of supporting information. To value the physical assets on a depreciated basis as if they were stand-alone widgets is an inappropriate method of valuing the


5100074.1 -- N948.275

streetlighting system the City says it is interested in acquiring from SCE. Clearly the income approach to valuation should have been utilized since the physical assets function in an integrated electric system that services the streetlights and are interconnected with other physical assets that form a rate-based, income-producing whole. Separating a portion of the physical assets from the integrated whole and then applying an unexplained or supported depreciation of those assets purposely underestimates their value and fails to account for the system and other assets at all. These errors leave the Offer far short of a meaningful and comprehensive offer for what is being sought from SCE.

Although statutorily required, the appraisal fails to identify a highest and best use for the assets. Perhaps this is purposeful because identifying the assets as part of an on-going, integrated electric system necessary to power the streetlights would have highlighted the fractured and incomplete approach the appraisal evidences.

Furthermore, while the eminent domain pamphlet references the need for the City to offer to reimburse appraisal costs up to $5000.00 as required by Code of Civil Procedure section 1263.025(a), the Offer fails to include this prerequisite. Inappropriate Valuation Methodology Leads to a Failure to Account for Severance

Damages and Lost Business Goodwill

The inappropriate use of the cost approach also led to a failure to account for broader economic impacts to SCE’s system and impacts to its ongoing business activities that other valuation methodologies would otherwise necessarily account for. The use of the physical assets identified by the City are, again, part of an integrated electric system, the loss of which would create residual damage to the rest of SCE’s related system, the stranding of capital investments, and waste of capital-backed resources that form a necessary part of the system to actually operate the distribution pole-mounted streetlights. Furthermore, SCE has invested capital in the integrated system and has not realized the full return on that investment. Thus, a loss of the physical assets identified by the City would strand capital assets and investment, impact rate-based services and impinge upon SCE’s duty to serve customers within its designated territory. All of these issues must be addressed in a valid, meaningful Offer to SCE – that is not the case with the City’s defective Offer.

The Valuation Process Was Flawed

Tanko Lighting’s executive summary states that the City requested data from SCE and none was forthcoming. In actuality SCE representatives responded to the notice of intent to appraise and joined a virtual meeting at which time they were prepared to ask questions and identify systems in an anticipated exchange about the appraisal process and the items and system to be valued. Instead, the SCE representatives were not permitted to speak and the appraisal kick- off meeting lasted no more than a couple of minutes. This falls far below the expected open and objective information exchange that an “opportunity to accompany the appraiser” would otherwise afford and which would otherwise be conforming to the letter and spirit of Government Code sections 7267.1 and 7267.2.


5100074.1 -- N948.275

We request that the City expressly confirm that it is withdrawing the previously-submitted Offer and will recommence the appraisal process, with a competent appraiser. Furthermore, please confirm that a new Notice of Intent to Appraise will be issued and SCE will have a meaningful opportunity to participate in the appraisal process going forward. Additionally, if the City is still interested in the acquisition of assets from SCE please confirm that a new, conforming Offer will be issued. Thank you.

Sincerely yours, ALVARADOSMITH A Professional Corporation Keith E. McCullough, a Professional Corporation

cc: Arnold Alvarez-Glasman, Esq. – City Attorney

14 To advertise call 562-407-3873LosCerritosNews.net JULY 23, 2021

CITY OF PICO RIVERA CITY COUNCIL NOTICE OF PUBLIC HEARING TO CONSIDER

ADOPTING A PROPOSED RESOLUTION OF NECESSITY TO ACQUIRE STREETLIGHT FACILITIES OWNED BY SOUTHERN CALIFORNIA

EDISON BY EMINENT DOMAIN

NOTICE IS HEREBY GIVEN that a public hearing will be held before the City of Pico Rivera City Council to consider adopting a proposed Resolution of Necessity to acquire streetlight facilities owned by Southern California Edison (SCE) by eminent domain, pursuant to California Code of Civil Procedure, 1245.235. City Council has considered the advisability of acquiring streetlight facilities owned by SCE, within the boundaries of the City of Pico Rivera. The streetlight facilities provide lighting to public streets within the public right-of-way. This acquisition will establish various benefits for the community, including lower rates, cost savings, expedited maintenance, and authority over the lighting design allowing the City to reach its state-mandated energy conservation goals; all of which are for the public good. The public hearing will be held as follows:

WHEN: Tuesday, August 10, 2021 at 6:00 PM

WHERE: City Hall Council Chamber6615 Passons BoulevardPico Rivera, CA 90660

MAIL: PO Box 1016 TELEPHONE: (562) 801-4332

Pursuant to California Code of Civil Procedure, 1245.235, a copy of the Notice of Intent to Adopt the Resolution of Necessity is available on the municipal web page and has been sent to SCE via certified mail.

Pursuant to CA Code of Civil Procedure 1245.230, a copy of the report outlining the requirements of eminent domain is available in the City Clerk’s Office in Pico Rivera City Hall, located at: 6615 Passons Boulevard, Pico Rivera, California 90660.

PERSONS INTERESTED IN THIS MATTER are invited to attend this hearing to express their opinion on the above matter. Written comments may also be submitted to the City of Pico Rivera City Clerk’s Office from the date of this notice until August 10, 2021 at 5:00 PM. You may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Pico Rivera City Clerk at, or prior to, the public hearing.

Anna JeromeCity ClerkCity of Pico RiveraHearing: August 10, 2021 6:00 PM

In compliance with the Americans with Disabilities Act of 1990, the City of Pico Rivera is committed to providing reasonable accommodations for a person with a disability. Please contact Anna Jerome at (562) 801-4389 if special program accommodations are necessary and/or if program information is needed in an alternative format. Special requests must be made in a reasonable amount of time in order that accommodations can be arranged.

Published at Los Cerritos Community News 7/23/21

FICTITIOUS BUSINESSNAME STATEMENTFile Number 2021157810THE FOLLOWING PERSON(S) IS (ARE) DOING BUSINESS AS: UBER CONSULTING ENGINEERS, 5226 E PEABODY ST., LONG BEACH, CA., 90808. REGISTERED OWNER: YI-CHING-WANG, JORGE UBERHUAGA, 5226 E PEABODY ST., LONG BEACH, CA., 90808. THIS BUSINESS IS CONDUCTED AS A MARRIED COUPLE. The date registrant started to transact business under the fictitious business name or names listed above: N/A. I declare that all the information in this statement is true and correct. (A registrant who declares as true any material matter pursuant to Section 17913 of the Business and Professions Code that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000). /S/ YI-CHING-WANG. This statement was filed with the County Clerk of Los Angeles on 7/13/21. In accordance with Subdivision (a) of Section 17920, a Fictitious Name Statement generally expires at the end of five years from the date on which it was filed in the of notice of the County Clerk, except, as provided in Subdivision (b) of Section 17920, where it expires 40 days after any change in the facts set forth in the statement pursuant to Section 17913 other than a change in the residence address of a registered owner. A new Fictitious Business Name Statement must be filed before the expiration. Effective January 1, 2014, the Fictitious Business Name Statement must be accompanied by the affidavit of identity form. The filing of this statement does not of itself authorize the use in this state of a Fictitious Business Name in violation of the rights of another under Federal, State or Common Law (see Section 14411 et seq., Business and Professions Code). LCCN 7/23, 7/30, 8/6, 8/13/21.

FICTITIOUS BUSINESSNAME STATEMENTFile Number 2021156256THE FOLLOWING PERSON(S) IS (ARE) DOING BUSINESS AS: AURORA SKY ENTERTAINMENT; AURORA SKY PUBLISHING; AURORA SKY INTERACTIVE; AURORA SKY STUDIOS, 28625 S. WESTERN AVE, #218, 90275 5226 E PEABODY ST., LONG BEACH, CA., 90808. REGISTERED OWNER: YI-CHING-WANG, JORGE UBERHUAGA, 5226 E PEABODY ST., LONG BEACH, CA., 90808. THIS BUSINESS IS CONDUCTED AS A MARRIED COUPLE. The date registrant started to transact business under the fictitious business name or names listed above: N/A. I declare that all the information in this statement is true and correct. (A registrant who declares as true any material matter pursuant to Section 17913 of the Business and Professions Code that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000). /S/ YI-CHING-WANG. This statement was filed with the County Clerk of Los Angeles on 7/13/21. In accordance with Subdivision (a) of Section 17920, a Fictitious Name Statement generally expires at the end of five years from the date on which it was filed in the of notice of the County Clerk, except, as provided in Subdivision (b) of Section 17920, where it expires 40 days after any change in the facts set forth in the statement pursuant to Section 17913 other than a change in the residence address of a registered owner. A new Fictitious Business Name Statement must be filed before the expiration. Effective January 1, 2014, the Fictitious Business Name Statement must be accompanied by the affidavit of identity form. The filing of this statement does not of itself authorize the use in this state of a Fictitious Business Name in violation of the rights of another under Federal, State or Common Law (see Section 14411 et seq., Business and Professions Code). LCCN 7/23, 7/30, 8/6, 8/13/21.

FICTITIOUS BUSINESSNAME STATEMENTFile Number 2021156256THE FOLLOWING PERSON(S) IS (ARE) DOING BUSINESS AS: AURORA SKY ENTERTAINMENT; AURORA SKY PUBLISHING; AURORA SKY INTERACTIVE; AURORA SKY STUDIOS, 28625 S. WESTERN AVE, #218, RANCHO PALOS VERDES, CA., 90275 REGISTERED OWNER: AURORA SKY, LLC, 28625 S. WESTERN AVE, #218, RANCHO PALOS VERDES, CA., 90275. THIS

BUSINESS IS CONDUCTED AS A LIMITED LIABILITY COMPANY. The date registrant started to transact business under the fictitious business name or names listed above: N/A. I declare that all the information in this statement is true and correct. (A registrant who declares as true any material matter pursuant to Section 17913 of the Business and Professions Code that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000). /S/ SCOT BARBOUR. This statement was filed with the County Clerk of Los Angeles on 7/12/21. In accordance with Subdivision (a) of Section 17920, a Fictitious Name Statement generally expires at the end of five years from the date on which it was filed in the of notice of the County Clerk, except, as provided in Subdivision (b) of Section 17920, where it expires 40 days after any change in the facts set forth in the statement pursuant to Section 17913 other than a change in the residence address of a registered owner. A new Fictitious Business Name Statement must be filed before the expiration. Effective January 1, 2014, the Fictitious Business Name Statement must be accompanied by the affidavit of identity form. The filing of this statement does not of itself authorize the use in this state of a Fictitious Business Name in violation of the rights of another under Federal, State or Common Law (see Section 14411 et seq., Business and Professions Code). LCCN 7/23, 7/30, 8/6, 8/13/21.

The animals managed to escape through an open gate on June 22.

Stampeding through residential streets, causing some property damage, one cow had to be killed by a sheriff’s deputy after "charging at a family."

Another was recovered two days later in El Monte, the cow travelling five miles, and given to Farm Sanctuary in Acton thanks to the efforts of famed songwriter Diane Warren.

“Seeing these cows escaping their horrible fate broke my heart,” Warren said then. “They knew what awaited them. These are smart, empathetic, beau-tiful souls.”

On June 30, the last of the cows was spotted running under the Freeway in El Monte. She was also captured and given to Farm Sanctuary.

Farm Sanctuary representative Mer-edith Turner-Smith told local media that both animals are doing well in their new homes.

“They are going through a routine 30-day quarantine period to ensure that they are healthy. Afterwards, they’ll join the main cow herd with our other rescued cow residents,” she said.

Turner-Smith said, “Susan continues to recover from an acute injury and June is still standing guard over her. They keep an eye on our staff, but are no lon-ger displaying the fear-based response, typical of animals rescued from the trau-ma of the animal agriculture industry, of stomping hooves or throwing dirt behind them. They are eating food and drinking water. Like all animals, June and Susan wanted to live — and they fought hard for that right.”

CITY OF LA MIRADA

NOTICE OF PUBLIC HEARING FOR PROPOSED DEACTIVATION AND

REMOVAL OF TRAFFIC SIGNALS AND REPLACEMENT WITH ALL-WAY

STOP CONTROLS ON NORTH FIRESTONE BOULEVARD AT GATEWAY

DRIVE, NORTHWOODS INN/IQ AIR DRIVEWAYS (585 FEET EAST OF

GATEWAY DRIVE), AND TROJAN WAY

NOTICE IS HEREBY GIVEN that the La Mirada City Council will conduct a public hearing in order to allow comments from local residents and businesses regarding the proposed deactivation and removal of traffic signals and replacement with all-way stop controls on North Firestone Boulevard at Gateway Drive, Northwoods Inn/IQ Air driveways (585 feet east of Gateway Drive), and Trojan Way.

Said hearing will be held on August 24, 2021 at 6:30 p.m. in the City Hall Council Chambers, 13700 La Mirada Boulevard, La Mirada, California, 90638. All interested persons are invited to attend, and public testimony will be heard at that time. Additional information on the proposed traffic signal deactivations and removals can be obtained by calling the Public Works Department at (562) 902-2385. In compliance with the Americans with Disabilities Act, individuals in need of special assistance at the public hearing should contact the City Clerk at (562) 943-0131, extension 2309, three days prior to the date of the hearing.

Anne Haraksin, City Clerk

Published at La Mirada Lamplighter News 7/23/21

COWS from page 1

Medi-Cal, but they would have to wipe out their savings first.

Right now, people can’t qualify for Medi-Cal if they have saved more than $2,000. For couples, it’s $3,000. Com-plicated rules dictate what counts as an “asset” and what doesn’t: A house doesn’t count and neither does one car, but a second car does. Engagement rings and heirlooms are fine, but other jewelry counts toward the limit.

Not only will the assest test be elim-nated, everyone 50 and over will be eligi-ble, regardless of immigration status. And new mothers will be allowed to remain on Medi-Cal for one year after giving birth, up from 60 days.

California has a strong Medi-Cal takeup rate, with 95% of eligible people enrolled, said Laurel Lucia, director of the health care program at the Center for Labor Research and Education at the University of California-Berkeley. But of the remaining uninsured people, about 610,000 qualify for Medi-Cal, she said.

“We are doing well, but so many peo-ple are eligible and not enrolled,” Lucia said. “The barriers to Medi-Cal enrollment and retention are really multifaceted, so the solutions have to be as well.”

This is an especially volatile moment for the program, which covers 13.6 mil-lion Californians. The state is trying to improve the quality of care by renegotiat-ing its contracts with managed-care insur-ance companies. At the same time, Gov. Gavin Newsom and the state Department of Health Care Services are proposing a massive overhaul that would provide more services to homeless people and incarcer-ated people and boost mental health care.

The changes to Medi-Cal that were ap-proved in the budget include an expansion that Democratic lawmakers have been seeking for years: covering unauthorized immigrants over 50.

State officials estimate about 175,000 people will enroll in the first year, with an

TEST from page 1

additional 3,600 people signing up every year thereafter, eventually costing the state $1.3 billion annually.

And, starting next July, new mothers will be able to stay on Medi-Cal for up to one year after giving birth. By 2027, the additional coverage is expected to cost the state about $200 million a year.

Assembly Republican Leader Marie Waldron (R-Escondido), who said she supports expanding eligibility for the program in limited circumstances, was the author of a bill to allow incarcerated people to enroll before they’re released that was ultimately folded into the budget and will take effect in 2023.

The elimination of the Medi-Cal asset test for older Californians and those with certain disabilities, which takes effect July 1, 2022, marks a dramatic change to the program. Officials estimate it will cost the state roughly $200 million a year once fully implemented because of the increased enrollment.

The federal Affordable Care Act eliminated the asset test for most Med-icaid enrollees, basing financial eligibil-ity exclusively on income, but left out people who qualify for both Medicaid and Medicare.

This is especially important when it comes to expensive long-term care, like nursing homes, which can cost $10,000 a month, said Patricia McGinnis, executive director of California Advocates for Nurs-ing Home Reform.

Medicare covers nursing home care only in limited circumstances and for up to 100 days. After that, patients must find another way to pay, either out-of-pocket or through Medi-Cal. Because many people don’t qualify for Medi-Cal if they have too much money or other assets, they have to spend through their savings and shed their belongings before they can get on the program.

“Thousands and thousands of people have become impoverished to afford nursing home care,” McGinnis said. “You want free medical care? You’re going to have to spend every penny you have to get it.”

A state Assembly analysis estimated that 17,802 additional Californians would have become eligible in 2018 if the as-set test hadn’t been required. Of those, 435 were in long-term care, and over the course of the year, 263 spent their money or gave away their assets to qualify for Medi-Cal.

Assembly member Wendy Carrillo (D-Los Angeles), the author of the asset test bill that was folded into the budget, sees eliminating the requirement as part of a larger movement toward universal cover-age, in line with efforts to expand Medi-Cal to older unauthorized immigrants or establish a single-payer system.

“We need to aggressively and proac-tively work on legislation that gives more people coverage,” Carrillo said. “And until we have universal health care, these are the steps necessary to ensure that.”

News When You Want It

HEWS MEDIA GROUP

Enclosure 5

1e

To: Mayor and City Council

From: City Manager


Subject: PUBLIC HEARING - APPROVAL OF A PROPOSED RESOLUTION AMENDING CUSTOMER POWER GENERATION RATE SCHEDULE FOR PICO RIVERA INNOVATIVE MUNICIPAL ENERGY (PRIME)

Recommendation:

1. Conduct a public hearing; and

2. Approve a resolution amending the customer power generation rate schedulefor Pico Rivera Innovative Municipal Energy (PRIME).

Fiscal Impact

The proposed rates are designed to generate sufficient revenue to fund ongoing Pico Rivera Innovative Municipal Energy (PRIME) operations and maintain approved reserves according to PRIME’s adopted policies. The proposed rates are at a 5.6% average premium when compared to Southern California Edison’s (SCE) current generation rate schedule, after taking into account the Power Charge Indifference Adjustment (PCIA) fee. As proposed, rates will increase PRIME’s annual revenues by approximately $955,000 in fiscal year (FY) 2022 and $1.5 million in FY 2023.

Background:

On September 1, 2017, Pico Rivera Innovative Municipal Energy (PRIME) became the ninth operational Community Choice Aggregation (CCA) program in the State of California, launching all residential, municipal, and commercial accounts by May 2018. Since its launch, the program continues to maintain a 95% participation rate and vast support from the local and surrounding communities.

PRIME’s mission is to provide the benefits of clean, renewable energy, promote power alternatives, and develop a strategic procurement portfolio that provides our organization

2

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 PUBLIC HEARING - APPROVAL OF A RESOLUTION AMENDING CUSTOMER POWER GENERATION RATE SCHEDULE FOR PICO RIVERA INNOVATIVE MUNICIPAL ENERGY (PRIME) Page 2 of 4 with the versatility to implement critical and innovative initiatives required to achieve a more sustainable Pico Rivera. PRIME’s vision goes beyond just providing energy discounts and extends to achieving greater local control over electrical services, the promotion of competitively priced renewable energy options, and the ability to provide quality programs and services to customers in an effort to create sustainable, innovative approaches to modern living. At its regular meeting on February 27, 2018, the City Council approved Resolution No. 6944 (and as thereafter amended on September 10, 2019, by Resolution No. 7033, and on April 14, 2020, by Resolution No. 7060), establishing Rate Schedules for PRIME and authorizing further rate changes by approval of further resolutions. For ease in customer understanding and cost comparison, PRIME’s rates are developed to mirror those of Southern California Edison (SCE). PRIME sets its rates to offer customers competitive rates and to cover expenses related to power procurement and administration of the program. On February 23, 2021, staff gave a presentation to City Council outlining SCE’s adopted rates for 2021. SCE’s electric generation rates decreased and the PCIA increased by approximately 30% causing PRIME to be at a 2.5% premium compared to SCE bundled customers. At the time, City Council gave direction to maintain PRIME’s current generation rates to provide rate stability to customers and to leave the door open to adjust rates later in the year if action is needed. Discussion: A priority of the City Council of the City of Pico Rivera (City Council) is the protection of the City’s enterprise fund, maintaining reserves to ensure long-term program rate stability, and generating sufficient revenue to cover operating costs. In recent months, the price of energy has seen unanticipated increases, driven by the heat waves of this past summer, low water levels affecting hydroelectric power supply, and concerns about high fire risks. These changes in market conditions for the cost of power and related power products such as Resource Adequacy (RA) have reduced PRIME’s ability to offer rate discounts to customers while maintaining a viable program. RA is a requirement for load-serving entities by the California Public Utilities Commission (CPUC) to ensure that there will be sufficient energy resources available to serve electric demand under the most extreme conditions. Recent climate change-driven heat events have caused rolling blackouts in California and exposed structural problems with the RA program. As such, the CPUC has made changes to the RA program to prepare for 2021 and 2022 grid reliability that has led to an even more competitive energy market for resources that are already limited. Since rolling out the PRIME program to all residents and businesses in Pico Rivera, procurement costs for RA have increased approximately 225% and have continued to increase due to changes at the CPUC.

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 PUBLIC HEARING - APPROVAL OF A RESOLUTION AMENDING CUSTOMER POWER GENERATION RATE SCHEDULE FOR PICO RIVERA INNOVATIVE MUNICIPAL ENERGY (PRIME) Page 3 of 4 Additionally, PRIME’s power supply costs have increased approximately 33% since full program rollout, while electric generation rates have only increased 8% for customers. PRIME’s adopted rate-setting policy requires rates to be established in an amount to ensure sufficient revenues are generated to cover PRIME’s annual expenditures. Current rates are anticipated to not have covered PRIME’s expenditures for FY 2021 and will not recover costs through FY 2030. As such, CalChoice, PRIME’s technical consultants have recommended PRIME take immediate action to increase electric generation rates to recover operating costs. CalChoice developed a robust cost analysis with several rate change scenarios, citing that a 15% rate increase for all customers is needed to recover operating costs by FY 2023. At this time, staff has proposed a 10% average increase of PRIME generation rates to recover operating costs by FY 2025. Generation rates for customers participating in the low-income discount program California Alternate Rates for Energy (CARE) will not be impacted by the proposed rate change. Although the proposed rates will not ensure sufficient revenue is generated to cover operating costs, it minimizes the bill impact to customers while safeguarding PRIME’s reserves during the COVID-19 pandemic. Most CCA programs are currently operating at a premium as compared to the local investor-owned utility (IOU). PRIME’s neighboring CCA program, Clean Power Alliance (CPA) recently increased rates by approximately 18% to recover operating costs. With the adoption of the proposed rates, the default PRIME Power generation rates will be approximately 17% below SCE’s default generation rates. However, when the PCIA is taken into account PRIME Power customers will pay a 5.6% premium on their overall bill when compared to SCE’s default product. SCE anticipates that the PCIA will decrease by 25% in the first quarter of 2022. PRIME staff will continue to monitor changes in the PCIA and long-term financial projections for an opportunity to restore rate discounts for customers.

Residential Proposed Rate Comparison

2021 Schedule D SCE SCE Green Rate

50% Renewable

SCE Green Rate 100%

Renewable

PRIME Power 50%

Renewable

PRIME Future 100%

Renewable Generation Rate ($/kWh) $0.09558 $0.08721 $0.07885 $0.07967 $0.08967 SCE Delivery Rate ($/kWh) $0.16029 $0.16029 $0.16029 $0.15449 $0.15449 Surcharges ($/kWh) NA $0.01264 $0.02527 $0.03594 $0.03594 Total Costs ($/kWh) $0.25587 $0.26014 $0.26441 $0.27010 $0.28010 Average Monthly Bill ($) $151.99 $154.52 $157.06 $160.44 $166.38

Rate Development: The proposed power generation rates were developed to meet City Council’s goals of providing sufficient revenue to cover costs for the operation of the PRIME program. The

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 PUBLIC HEARING - APPROVAL OF A RESOLUTION AMENDING CUSTOMER POWER GENERATION RATE SCHEDULE FOR PICO RIVERA INNOVATIVE MUNICIPAL ENERGY (PRIME) Page 4 of 4 proposed rate schedules (Enclosure 3) mirror the form offered by SCE to make it easier for customers to compare costs. Operating in a competitive environment presents several challenges that require a responsive team that can adjust to the ever-changing fluctuations in the energy market. Staff is confident that the proposed rates are reflective of the research, forecasting, and risk mitigation efforts conducted by staff and consultants to respond and adjust to these fluctuations in the marketplace. Notice: A ten (10) day notice of this public hearing was published, and the rate schedule and relevant documents have been available for public inspection in the City Clerk’s Office. Conclusion: It is recommended that the City Council approve a proposed resolution amending the customer power generation rate schedule for PRIME to become effective September 1, 2021, as authorized by Resolution No. 6944 (and as thereafter amended).

Steve Carmona

SC:KF:km Enclosures: 1) Resolution 2) Resolution No. 6944 3) PRIME Rate Setting and Rate Stabilization Policy 4) Customer Power Generation Rate Schedule 5) Public Hearing Notice

cayala

Steve Carmona

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, AMENDING THE CUSTOMER POWER GENERATION RATES FOR THE PICO RIVERA INNOVATIVE MUNICIPAL ENERGY (PRIME) COMMUNITY CHOICE AGGREGATION PROGRAM

WHEREAS, the City Council of the City of Pico Rivera (City Council) has heretofore adopted Ordinance 1105, declaring its intent to establish a Community Choice Aggregation (CCA) program to be known as Pico Rivera Innovative Municipal Energy (PRIME); and

WHEREAS, the City Council has additionally heretofore approved an Implementation Plan to establish a CCA program, and such Implementation Plan was certified by the California Public Utilities Commission on April 26, 2017; and

WHEREAS, the City Council has heretofore adopted Resolution No. 6944 (and as thereafter amended by Resolutions 7033 and 7060), Establishing Electric Generation Rates (“Rates”) for PRIME authorizing future rate adjustments through duly adopted resolution(s); and

WHEREAS, the City Council now desires to adjust its power generation rate schedule based on the authority granted through Resolutions No. 6944; and

WHEREAS, the City Council has held a duly noticed public hearing and has considered all evidence and testimony offered at said hearing.


SECTION 1. That based upon and in consideration of staff reports, presentations, public testimony and comment, and such other matters presented to the City Council during the public hearing on this matter, the City Council finds and declares the foregoing recitals to be true and correct and incorporates the same as substantive findings herein.

SECTION 2. That the rates for power generation for all customers of PRIME are amended pursuant to rate schedule attached hereto and incorporated fully herein, and such rates shall be effective as of September 1, 2021.

SECTION 3. The rates for power generation established by this resolution may be amended by resolution of the City Council, subject to compliance with applicable polices and laws relating to the same.

SECTION 4. In accordance with the provisions of the California Environmental Quality Act (CEQA), to the extent that the actions constitute a project, there is no

Enclosure 1

2a

RESOLUTION NO. Page 2 of 2

possibility that the rate change contemplated herein will have a significant effect on the environment and as a result, no further CEQA review is necessary. This determination is in accordance with Section 15061(b)(3) of the CEQA Guidelines that states, a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

SECTION 5. That the City Clerk shall attest to the passage of this resolution, and

it shall thereupon be in full force and effect.

APPROVED and PASSED this 10th day of August, 2021.

Raul Elias, Mayor

ATTEST: APPROVED AS TO FORM:

Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney

AYES: NOES: ABSENT: ABSTAIN:

RESOLUTION NO. 6944

Enclosure 2

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, ESTABLISHING THE CUSTOMER POWER GENERATION RATES FOR THE PICO RIVERA INNOVATIVE MUNICIPAL ENERGY COMMUNITY CHOICE AGGREGATION PROGRAM

WHEREAS, the City Council of the City of Pico Rivera has heretofore adopted Ordinance 1105, declaring its intent to establish a Community Choice Aggregation (CCA) program to be known as Pico Rivera Innovative Municipal Energy (PRIME);

WHEREAS, the City Council has additionally heretofore approved an Implementation Plan to establish a CCA program, and such Implementation Plan was certified by the California Public Utilities Commission (CPUC) on April 26, 2017;

WHEREAS, the City Council now desires to establish power generation rate schedules for all customers of PRIME, with rates established in an amount sufficient to cover the operating costs of PRIME and such reserves as the City Council deems necessary and appropriate; and

WHEREAS, the City Council has held a duly noticed public hearing concerning the proposed power generation rate schedules, has considered all evidence and testimony offered at said hearing, and all other prerequisites to the adoption of this Resolution have been satisfied.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER, AS FOLLOWS:

SECTION 1. That based upon and in consideration of staff reports, presentations, public testimony and comment, and such other matters presented to the City Council during the public hearing on this matter, the City Council finds and declares the foregoing recitals to be true and correct and incorporates the same as substantive findings herein.

SECTION 2. That the rates for power generation for all customers of PRIME are established pursuant to rate schedule attached hereto and incorporated fully herein, and such rates shall be effective with meter readings beginning as of March 1, 2018.

SECTION 3. The rates for power generation established by this Resolution may be amended by Resolution of the City Council, subject to compliance with applicable polices and laws relating to the same.

SECTION 4. That the City Clerk shall certify to the adoption of this Resolution, and it shall become effective immediate ly upon adoption.

2b

RESOLUTION NO. 6944 Page 2 of 2

PASSED, APPROVED and ADOPTED this 27th day of February, 2018.


AYES: NOES: ABSTAIN: ABSENT:

Archuleta, Armenta, Salcido, Tercero, Camacho None None None

Enclosure 3

2c

SCE EQUIVALENT SCHEDULE PRIME RATE SCHEDULE UNIT/PERIOD DESCRIPTION

DOMESTIC (D) DOMESTIC (D) per kWh All Usage 0.08010$

DOMESTIC CARE (D-CARE) DOMESTIC CARE (D-CARE) per kWh 0.07184$

TOU-D-A (Time of Use) Grandfathered TOU-D-A (Time of Use) Grandfathered

ENERGY CHARGE ($/KWH) SUMMER June 1 through September 30PEAK 2pm to 8pm Weekdays, except

holidays 0.24181$ OFF-PEAK All hours other than Peak and

Super Off-Peak 0.06342$ SUPER OFF-PEAK 10pm to 8am all year, every day 0.04236$

WINTER October 1 through May 31PEAK 2pm to 8pm Weekdays, except



TOU-D-A CARE (Time of Use) Grandfathered

TOU-D-A CARE (Time of Use) Grandfathered







TOU-D-B (Time of Use) Grandfathered TOU-D-B (Time of Use) Grandfathered







PROPOSED RATESEFFECTIVE SEPTEMBER 1, 2021

RESIDENTIAL CUSTOMERS

PROPOSED RATE 9/1/21

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Enclosure 4

2d




TOU-D-B CARE (Time of Use) Grandfathered

TOU-D-B CARE (Time of Use) Grandfathered







TOU-D-PRIME TOU-D-PRIMEENERGY CHARGE ($/KWH) SUMMER June 1 through September 30

PEAK 4pm - 9pm, except holidays 0.24137$ MID-PEAK 4pm-9pm Weekends & Holidays 0.10859$ OFF-PEAK All other hours 0.03476$

WINTER October 1 through May 31

MID-PEAK4pm - 9pm winter weekdays and weekends 0.19971$

OFF-PEAKAll hours other than Mid-Peak and Super Off-Peak 0.02990$

SUPER OFF-PEAK8:00 a.m. to 3:00 p.m. winter weekdays and weekends 0.02990$

TOU-D-PRIME CARE TOU-D-PRIME CAREENERGY CHARGE ($/KWH) SUMMER June 1 through September 30

PEAK 4pm - 9pm, except holidays 0.21223$ MID-PEAK 4pm-9pm Weekends & Holidays 0.09664$ OFF-PEAK All other hours 0.03238$





TOU-D-T (Time of Use Tiered) TOU-D-T (Time of Use Tiered)ENERGY CHARGE ($/KWH) SUMMER June 1 through September 30

TIER 1 PEAK - Up to 130% of Baseline 12pm - 6pm, except holidays 0.11800$ TIER 1 OFF-PEAK - Up to 130% of Baseline All other hours, all year, every day 0.10460$ TIER 2 PEAK - More than 130% of Baseline 12pm - 6pm, except holidays 0.11800$ TIER 2 OFF-PEAK - More than 130% of BaselineAll other hours, all year, every day 0.10460$

WINTER October 1 through May 31TIER 1 PEAK - Up to 130% of Baseline 12pm - 6pm, except holidays 0.07077$ TIER 1 OFF-PEAK - Up to 130% of Baseline All other hours, all year, every day 0.06168$ TIER 2 PEAK - More than 130% of Baseline 12pm - 6pm, except holidays 0.07077$ TIER 2 OFF-PEAK - More than 130% of BaselineAll other hours, all year, every day 0.06168$

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TOU-D-T CARE (Time of Use Tiered)TOU-D-T CARE (Time of Use Tiered)ENERGY CHARGE ($/KWH) SUMMER June 1 through September 30

TIER 1 PEAK - Up to 130% of Baseline 12pm - 6pm, except holidays 0.10466$ TIER 1 OFF-PEAK - Up to 130% of Baseline All other hours, all year, every day 0.09302$ TIER 2 PEAK - More than 130% of Baseline 12pm - 6pm, except holidays 0.10466$ TIER 2 OFF-PEAK - More than 130% of BaselineAll other hours, all year, every day 0.09302$

WINTER October 1 through May 31TIER 1 PEAK - Up to 130% of Baseline 12pm - 6pm, except holidays 0.06349$ TIER 1 OFF-PEAK - Up to 130% of Baseline All other hours, all year, every day 0.05559$ TIER 2 PEAK - More than 130% of Baseline 12pm - 6pm, except holidays 0.06349$ TIER 2 OFF-PEAK - More than 130% of BaselineAll other hours, all year, every day 0.05559$

TOU D-4 TOU D-4ENERGY CHARGE ($/KWH) SUMMER June 1 through September 30

PEAK4pm - 9pm, weekdays except holidays 0.17862$

MID-PEAK 4pm-9pm Weekends & Holidays 0.08573$ OFF-PEAK All other hours 0.05556$





TOU D-4 CARE TOU D-4 CAREENERGY CHARGE ($/KWH) SUMMER June 1 through September 30

PEAK4pm - 9pm, weekdays except holidays 0.15363$

MID-PEAK 4pm-9pm Weekends & Holidays 0.07995$ OFF-PEAK All other hours 0.05171$





TOU D-5 TOU D-5ENERGY CHARGE ($/KWH) SUMMER June 1 through September 30

PEAK5:00 p.m. to 8:00 p.m. summer weekdays except holidays 0.29229$

MID-PEAK5:00 p.m. to 8:00 p.m. summer weekends and holidays 0.13713$

OFF-PEAKAll hours other than Peak and Mid-Peak 0.04641$


MID-PEAK

5:00 p.m. to 8:00 p.m. winter weekdays, weekends and holidays 0.17956$

OFF-PEAK

8:00 pm - 8:00am winter weekdays, weekends and holidays 0.06990$

SUPER OFF-PEAK

8:00 am - 5:00pm winter weekdays, weekends and holidays 0.04201$

3 of 12




TOU D-5 CARE TOU D-5 CAREENERGY CHARGE ($/KWH) SUMMER June 1 through September 30





MID-PEAK

5:00 p.m. to 8:00 p.m. winter weekdays, weekends and holidays 0.15389$

OFF-PEAK

8:00 pm - 8:00am winter weekdays, weekends and holidays 0.06289$

SUPER OFF-PEAK

8:00 am - 5:00pm winter weekdays, weekends and holidays 0.03980$

ENERGY CHARGE ($/KWH) NON-RESIDENTIAL $.01/kWh

ENERGY CHARGE ($/MONTH) RESIDENTIAL CARE $.01/kWh

ENERGY CHARGE ($/MONTH) RESIDENTIAL NON-CARE $.01/kWh

TOU-8-SEC-E TOU-8-SEC-EENERGY CHARGE ($/KWH) SUMMER June 1 through September 30

PEAK4pm to 9pm weekdays, except holidays 0.34469$

MID-PEAK 4pm to 9pm weekends 0.06255$


DEMAND CHARGE ($/KW) SUMMER TR PEAK4pm to 9pm summer weekdays except holidays 5.69$


MID-PEAK4pm to 9pm weekdays and weekends 0.09130$


SUPER OFF-PEAK8am to 3pm weekdays and weekends 0.01639$

DEMAND CHARGE ($/KW) WINTER TR MID-PEAK4pm to 9pm weekdays and weekends $ 1.07

TOU-8-SEC-D TOU-8-SEC-DENERGY CHARGE ($/KWH) SUMMER June 1 through September 30

PEAK4pm to 9pm weekdays, except holidays 0.07194$

MID-PEAK 4pm to 9pm weekends 0.06255$


DEMAND CHARGE ($/KW) SUMMER TR PEAK4pm to 9pm summer weekdays except holidays 25.83$


MID-PEAK4pm to 9pm weekdays and weekends 0.04877$


SUPER OFF-PEAK8am to 3pm weekdays and weekends 0.01639$

DEMAND CHARGE ($/KW) WINTER TR MID-PEAK4pm to 9pm weekdays and weekends 5.04$

COMMERCIAL

Customers electing the 100% renewable service option will pay the applicable rate for the basic 50% renewable service option plus the below 100% renewable premium charge:

Customers with behind-the-meter generation can elect the NEM option and receive a payment or credit of $0.06/kWh for annual excess generation.

PRIME Future - 100% RENEWABLE OPTION

PRIME NEM - NET ENERGY METERING OPTION

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TOU-8-PRI-D TOU-8-PRI-D

SUMMER June 1 through September 30


MID-PEAK4:00 p.m. to 9:00 p.m. summer weekends 0.05830$


DEMAND CHARGE ($/KW) SUMMER TR PEAK4:00 p.m. to 9:00 p.m. summer weekdays except holidays 25.46$


MID-PEAK4:00 p.m. to 9:00 p.m. winter weekdays and weekends 0.04553$



DEMAND CHARGE ($/KW) WINTER TR MID-PEAK4:00 p.m. to 9:00 p.m. winter weekdays and weekends 5.37$

TOU-GS-1-E TOU-GS-1-EENERGY CHARGE ($/KWH) SUMMER June 1 through September 30

PEAK 4:00 p.m. to 9:00 p.m. summer weekdays except holidays 0.34436$

MID-PEAK 4:00 p.m. to 9:00 p.m. summer weekends 0.12384$

OFF-PEAK All hours other than Peak and Mid-Peak 0.07023$

WINTER October 1 through May 31MID-PEAK 4:00 p.m. to 9:00 p.m. winter

weekdays and weekends 0.14684$ OFF-PEAK All hours other than Mid-Peak

and Super Off-Peak 0.05878$


TOU-GS-1-A (GF) TOU-GS-1-A (GF)ENERGY CHARGE ($/KWH) SUMMER June 1 through September 30

PEAK 12pm to 6pm weekdays, except holidays 0.13171$

MID-PEAK 8am to 12pm and 6pm to 11pm weekdays, except holidays 0.12203$


WINTER October 1 through May 31MID-PEAK 8am to 12pm and 6pm to 11pm

weekdays, except holidays 0.07362$ OFF-PEAK All hours other than Mid-Peak 0.06400$

TOU-GS-1-D TOU-GS-1-DENERGY CHARGE ($/KWH) SUMMER June 1 through September 30










ENERGY CHARGE ($/KWH)


5 of 12




TOU-GS-1-LG TOU-GS-1-LGENERGY CHARGE ($/KWH) SUMMER June 1 through September 30








TOU-GS-1-PRI-D TOU-GS-1-PRI-DSUMMER June 1 through September 30






















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TOU-GS-2-D TOU-GS-2-DENERGY CHARGE ($/KWH) SUMMER June 1 through September 30










TOU-GS-2-B (GF) TOU-GS-2-B (GF)ENERGY CHARGE ($/KWH) SUMMER June 1 through September 30

PEAK 12pm to 6pm weekdays, except holidays 0.05441$

MID-PEAK 8am to 12pm and 6pm to 11pm weekdays, except holidays 0.04957$




DEMAND CHARGE ($/KW)SUMMER TR PEAK 12pm to 6pm summer weekdays

except holidays 15.89$ SUMMER TR MID-PEAK 8am to 12pm and 6pm to 11pm

summer weekdays except holidays 5.28$

TOU-GS-2-PRI-E TOU-GS-2-PRI-ESUMMER June 1 through September 30










TOU-GS-2-PRI-R (GF) TOU-GS-2-PRI-R (GF)SUMMER June 1 through September 30PEAK 12pm to 6pm weekdays, except

holidays 0.24230$ MID-PEAK 8am to 12pm and 6pm to 11pm

weekdays, except holidays 0.10113$ OFF-PEAK All hours other than Peak and

Mid-Peak 0.04527$






7 of 12




TOU-GS-2-R (GF) TOU-GS-2-R (GF)SUMMER June 1 through September 30PEAK 12pm to 6pm weekdays, except



Mid-Peak 0.04667$













TOU-GS-3-D TOU-GS-3-DSUMMER June 1 through September 30










TOU-GS-3-R (GF) TOU-GS-3-R (GF)SUMMER June 1 through September 30PEAK 12pm to 6pm weekdays, except



Mid-Peak 0.04352$







8 of 12




TOU-PA-2-E4 TOU-PA-2-E4

ENERGY CHARGE ($/KWH) SUMMER June 1 through September 30PEAK 4:00 p.m. to 9:00 p.m. summer

weekdays except holidays 0.36427$ MID-PEAK 4:00 p.m. to 9:00 p.m. summer

weekends 0.06803$ OFF-PEAK All hours other than Peak and

Mid-Peak 0.03889$






ENERGY CHARGE ($/KWH) SUMMER June 1 through September 30PEAK 5:00 p.m. to 8:00 p.m. summer

weekdays except holidays 0.59940$ MID-PEAK 5:00 p.m. to 8:00 p.m. summer

weekends and holidays 0.12076$ OFF-PEAK All hours other than Peak 0.03928$



OFF-PEAK 8:00pm to 8:00am 0.04911$


TOU-PA-2-A (GF) TOU-PA-2-A (GF)

ENERGY CHARGE ($/KWH) SUMMER June 1 through September 30PEAK 12pm to 6pm weekdays, except



Mid-Peak 0.04430$



TOU-PA-2-D4 TOU-PA-2-D4










DEMAND CHARGE ($/KW) WINTER TR MID-PEAK4:00 p.m. to 9:00 p.m. summer weekdays except holidays 2.49$

PUMPING & AGRICULTURAL



9 of 12








OFF-PEAK All hours other than Peak 0.03928$




OFF-PEAK 8:00pm to 8:00am 0.03956$



TOU-PA-2-B (GF) TOU-PA-2-B (GF)




Mid-Peak 0.04430$




except holidays 10.66$ SUMMER TR MID-PEAK 8am to 12pm and 6pm to 11pm

summer weekdays except holidays 3.25$

















OFF-PEAK 8:00pm to 8:00am 0.05411$








10 of 12




TOU-PA-3-A (GF) TOU-PA-3-A (GF)




Mid-Peak 0.03738$













DEMAND CHARGE ($/KW) WINTER TR MID-PEAK4:00 p.m. to 9:00 p.m. summer weekdays except holidays 2.51$









OFF-PEAK 8:00pm to 8:00am 0.03499$



TOU-PA-3-B (GF) TOU-PA-3-B (GF)




Mid-Peak 0.03738$




except holidays 11.73$





11 of 12




SUMMER TR MID-PEAK 8am to 12pm and 6pm to 11pm summer weekdays except holidays 3.19$

AL-2, LS-1, LS-2, LS-3, OL-1 LS-1 ENERGY CHARGE ($/KWH) 0.03463$

TC-1 TC-1 ENERGY CHARGE ($/KWH) 0.06120$

ENERGY CHARGE ($/KWH) NON-RESIDENTIAL $.01/kWh

ENERGY CHARGE ($/MONTH) RESIDENTIAL CARE $.01/kWh

ENERGY CHARGE ($/MONTH) RESIDENTIAL NON-CARE $.01/kWh

Customers electing the 100% renewable service option will pay the applicable rate for the basic 50% renewable service option plus the below 100% renewable premium charge:

PRIME NEM - NET ENERGY METERING OPTION

Customers with behind-the-meter generation can elect the NEM option and receive a payment or credit of $0.06/kWh for annual excess generation.

STREET AND OUTDOOR LIGHTING

PRIME Future - 100% RENEWABLE OPTION

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14 To advertise call 562-407-3873LosCerritosNews.net JULY 30, 2021

NOTICE OF SALE OF ABANDONED PROPERTYNotice is given that pursuant to sections 21700-21713 of the Business and Professions Code, Section 2328 of the Commercial Code, Sec-tion 535 of the Penal Code. 1812.607, that Norwalk Self Storage at 11564 E. Firestone Blvd., Norwalk, CA 90650 will sell by competitive bidding by Climer’s Auctions (Bond # 5181494), on or after August 12, 2021 @ 10:00 a.m., property belonging to those listed below. Auc-tion is to be held at the above address. Property to be sold as follows: boxes, totes, boots, tool box, vacuum, loose bedding, pillows, vac parts, wood slat, loose clothing, trunk, tire, wine, loose car parts, suitcases, buckets, cage, pot, grill, ramp, hose, shoes, loose tools, bags, scale, computer parts, key box, cart, mattress, box spring, table model TV, hand bag, duffle bags, speakers, bed frame, equipment cases, lamps, dragon, chair and step ladders belonging to the following.

NAME UNITJASON ANTHONY BROWN B763JANEL DOWDELL B843MARC JOSEPH HAMILTON B760CHARLES JERMAINE JONES B485CHRISTOPHER KOTEE LEE B782DARRYL DEAN ROWE B651LINDA SMITH B265JOHNNIE CLYDE LEE STEWART III B118

This notice is given in accordance with the provisions of Section 21700 et seq. of the Business and Professions Code of the State of California.Sales subject to prior cancellation in the event of settlement between Owner and obligated party.

Published at Los Cerritos Community Newspaper 7/23 and 7/30/21

NOTICE TO CREDITORS OF BULK SALE(UCC Sec. 6105)Escrow No. 21-15860-TNNOTICE IS HEREBY GIVEN that a bulk sale is about to be made. The name(s), business address(es) to the Seller(s) are: KATHY TRINH, 11897 DEL AMO BLVD, CERRITOS, CA 90703Doing Business as: LUX NAIL BARAll other business name(s) and address(es) used by the Seller(s) within three years, as stated by the Seller(s), is/are: NONEThe name(s) and address of the Buyer(s) is/are: HONG HANH DUONG, 2467 W GRIVEY AVE, ANAHEIM, CA 92804The assets to be sold are described in general as: ALL FURNITURES, FIXTURES AND EQUIPMENT, TRADENAME, GOODWILL, INVENTORY, LEASE, AND LEASEHOLD IMPROVEMENTS and are located at: 11897 DEL AMO BLVD, CERRITOS, CA 90703The bulk sale is intended to be consummated at the office of: LUCKY TEAM ESCROW, INC., 13305 BROOKHURST STREET GAR-DEN GROVE, CA 92843 and the anticipated sale date is AUGUST 25, 2021The bulk sale is subject to California Uniform Commercial Code Section 6106.2.[If the sale is subject to Sec. 6106.2, the following information must be provided] The name and address of the person with whom claims may be filed is: LUCKY TEAM ESCROW, 13305 BROOKHURST ST, GARDEN GROVE, CA 92843 and the last date for filing claims shall be AUGUST 24, 2021, which is the business day before the sale date specified above.Dated: 7/20/21BUYER: HONG HANH DUONGORD-411510 LOS CERRITOS COMMUNITY NEWS 7/30/21

NOTICE OF SALE OF ABANDONED PROPERTYNotice is given that pursuant to sections 21700-21713 of the Business and Professions Code, Section 2328 of the Commercial Code, Sec-tion 535 of the Penal Code. 1812.607, that Cherry Carson RV Storage 4160 Cherry Ave. Long Beach CA, 90807, will sell by competitive bidding by Climer’s Auctions ( Bond #5181494 ), on or after August 12, 2021 @ 11:00 a.m., property belonging to those listed below. Auction is to be held at the above address. Property to be sold as follows: grill, safe, tables, cooking items, loose clothing, portable TV, totes, boxes, refrigerator, microwave, kids toys, loose tools, bags, file cabinet, 5 gallon buckets and tree belonging to the following.

NAME UNIT #

John Francis Colson 077

This notice is given in accordance with the provisions of Section 21700 et seq. of the Business and Professions Code of the State of California.Sales subject to prior cancellation in the event of settlement between Owner and obligated party.


NOTICE TO CREDITORS OF BULK SALE AND OF INTENTION TO TRANSFER ALCOHOLIC BEVERAGE LICENSE(S)(UCC Sec. 6105 et seq. and B & P 24073 et seq.)Escrow No. 21-2201-DKNOTICE IS HEREBY GIVEN that a bulk sale of assets and a transfer of alcoholic beverage license(s) is about to be made. The name(s) and business address(es) of the Seller(s)/Licensee(s) are: HELLO SUSHI INC, 16610 BELLFLOWER BLVD., BELLFLOWER, CA 90706Doing Business as: HELLO SUSHIAll other business names(s) and address(es) used by the Seller(s)/Licensee(s) within the past three years, as stated by the Seller(s)/Licensee(s), is/are: NONEThe name(s) and address of the Buyer(s)/Applicant(s) is/are: HELLO SUSHI BF LLC, 16610 BELLFLOWER BLVD., BELLFLOWER, CA 90706The assets being sold are generally described as: FURNITURE, FIXTURES, EQUIPMENT, TOOLS, GOODWILL, TRADENAME, LEASEHOLD IMPROVEMENTS, LEASEHOLD INTERESTS, ALL TRANSFERABLE PERMITS AND LICENSES, AND ALL INVENTORY OF STOCK IN TRADE and is/are located at: 16610 BELLFLOWER BLVD., BELLFLOWER, CA 90706The type of license(s) and license no(s) to be transferred is/are: Type: 41-ON-SALE BEER & WINE-EATING PLACE LICENSE #: 41-580936, And are now issued for the premises located at: SAMEThe bulk sale and transfer of alcoholic beverage license(s) is/are intended to be consummated at the office of: ACE ESCROW INC, 6871 BEACH BLVD, BUENA PARK, CA 90621 and the anticipated sale/transfer date is AUGUST 10, 2021The purchase price or consideration in connection with the sale of the business and transfer of the license, is the sum of $80,000.00, including inventory estimated at $0.00, which consists of the following: DESCRIPTION, AMOUNT: CASH $30,000.00; PROMISSORY NOTE $50,000.00; ALLOCATION-SUB TOTAL $80,000.00; ALLOCATION TOTAL $80,000.00It has been agreed between the Seller(s)/Licensee(s) and the intended Buyer(s)/Applicant(s), as required by Sec. 24073 of the Business and Professions code, that the consideration for transfer of the business and license is to be paid only after the transfer has been approved by the Department of Alcoholic Beverage Control.Dated: 7/7/2021HELLO SUSHI INC,, Seller(s)/Licensee(s)HELLO SUSHI BF LLC, Buyer(s)/Applicant(s)ORD-382197 LOS CERRITOS COMMUNITY NEWS 7/16/21

LEGAL NOTICE

CITY OF PICO RIVERANOTICE OF CITY COUNCIL PUBLIC HEARING

TO AMEND CUSTOMER POWER GENERATION RATES

NOTICE IS HEREBY GIVEN that a public hearing will be held before the City of Pico Rivera City Council to consider amending customer power generation rates for Pico Rivera Innovative Municipal Energy, PRIME, a community choice aggregation program. The public hearing will be held as follows:

WHEN: Tuesday, August 10, 2021

TIME: 6:00 p.m.

WHERE: City Hall Council Chambers6615 Passons BoulevardPico Rivera, CA 90660

MAIL: PO Box 1016 TELEPHONE: 562.801.4389

Certain provisions of the Brown Act are temporarily waived pursuant to Governor Newsome’s Executive Order N-25-20 and N-2920. In the interest of public health and safety, City Council meetings are now opened to the public at 50% capacity in accordance with CDC Guidelines and protocols.

If you wish to submit a public comment on this matter, you may do so in advance by e-mail to the City Clerk’s Office at [email protected] prior to 1:00 p.m. on the day of the meeting. Please provide your full name and reference this subject matter: “Public hearing and Adoption of Resolution amending customer power generation rate schedule for Pico Rivera Innovative Municipal Energy (PRIME).” You may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Pico Rivera City Clerk at, or prior to, the public hearing.

Anna JeromeCity ClerkCity of Pico RiveraHearing: August 10, 2021*********************************************************************************In compliance with the Americans with Disability Act of 1990, the City of Pico Rivera is committed to providing reasonable accommodations for a person with a disability. Please contact Anna M. Jerome at (562) 801-4389 if special program accommodations are necessary and/or if program information is needed in an alternative format. Special request must be made in a reasonable amount of time in order that accommodations can be arranged.

Published at Los Cerritos Community Newspaper 7/30/21

ABC UNIFIED SCHOOL DISTRICTNOTICE CALLING FOR BID

NOTICE IS HEREBY GIVEN that the ABC Unified School District will receive up to but not later than 11:00 AM on the 23rd day of August, 2021 Bids for:

ABC Bid # 1571 HVAC Replacement at Whitney High School

All bids shall be made and presented on a form furnished by the District. Bids submitted shall conform to the terms and conditions stated on said form. Bids shall be received in the office of the Purchasing Department at 16700 Norwalk Blvd., Cerritos, CA 90703 and shall be opened and publicly read aloud at the above-stated time and place. Bidders may request bid documents at the mandatory jobwalk on August 10, 2021 at 8:30 AM sharp at the Whitney HS Gym, 16800 Shoemaker Ave., Cerritos. All public works are subject to prevailing wage payments, Valid License valid Class C-20 Contractor's License and DIR Registration will be required.

Los Cerritos News July 30, 2021August 6, 2021


ABC UNIFIED SCHOOL DISTRICTNOTICE CALLING FOR BID

NOTICE IS HEREBY GIVEN that the ABC Unified School District will receive up to but not later than 11:00 AM on the 3rd day of September, 2021 Bids for:

ABC Bid # 1572 HVAC Replacement at Niemes Elementary School

All bids shall be made and presented on a form furnished by the District. Bids submitted shall conform to the terms and conditions stated on said form. Bids shall be received in the office of the Purchasing Department at 16700 Norwalk Blvd., Cerritos, CA 90703 and shall be opened and publicly read aloud at the above-stated time and place. Bidders may access the bid documents on CME+ Information to be discussed at the mandatory jobwalk on August 13, 2021 at 8:30 AM sharp at the Niemes Elementary School, 16715 Jersey Ave., Artesia. All public works are subject to prevail-ing wage payments, Valid License valid Class C-20 Contractor's License and DIR Registration will be required.

Los Cerritos News July 30, 2021August 6, 2021


CITY OF CERRITOS, STATE OF CALIFORNIA, REQUEST FOR PROPOSAL

CERRITOS CENTER FOR THE PERFORMING ARTS MAILING LIST DATA

PROCESSING SERVICES, RFP NO. 1433-21

The City of Cerritos seeks by this Request for Proposal (“RFP”) a qualified vendor to provide mailing list data processing services for the Cerritos Center for the Performing Arts. Sealed proposals for these services will be received at City Hall in the Office of the City Clerk, located at 18125 Bloomfield Avenue, First Floor, Bloomfield Avenue at 183rd Street, Cerritos, California, 90703. Proposals must be received no later than 11:00 a.m., on Wednesday, August 18, 2021. Proposals must be addressed to the City Clerk, City of Cerritos, 18125 Bloomfield Avenue, First Floor, Bloomfield Avenue at 183rd Street, Cerritos, California, 90703, marked “Proposal for

Cerritos Center for the Performing Arts Mailing List Data Processing Services, RFP No.

1433-21”. No proposal will be accepted unless it has the proposal number and project name clearly identified on the outside label. The City of Cerritos (“City”) reserves the right to reject any and all proposals, or portions of any and all proposals or waive the informality in a proposal not affected by law. Proposal specifications are available online at www.cerritos.us/BUSINESSES/bid_and_

contract_opportunities/bid_listings.php and notifications, updates and addenda will be posted on the City’s bid page. Proposed Service Providers (referred to as “Proposers”) shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates my result in a determination of a nonresponsive proposal. For additional questions please contact City Support Services at (562) 916-1318. Dated/Posted/Published: July 30, 2021


CITY OF PICO RIVERANOTICE OF PUBLIC COMMENT PERIOD

AND OF A PUBLIC HEARING REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION

REPORT (CAPER) FOR THE PERIOD JULY 1, 2020 TO JUNE 30, 2021

Hearing Date: Tuesday, August 24, 2021Time: 6:00 p.m. or as soon thereafter as the matter may be heardPlace: Members of the public wishing to observe the meeting may do so in one of

the following ways:

(1) Turn your TV to Channel 3;(2) City’s website at

http://www.pico-rivera.org/depts/admin/pio/programming.asp; or(3) Email public comments to [email protected]

Description: The City of Pico Rivera (City) hereby notifies the general public of a public hearing on August 24, 2021, to receive public comment on the CDBG Consolidated Annual Performance and Evaluation Report (CAPER) for the 2020-2021 Fiscal Year. The CAPER reports the City’s progress in meeting proposed actions and projects noted in the City’s 2020-2021 Action Plan, as well as its progress in carrying out the City’s Consolidated Plan’s five-year strategies.

Availability of Document for Public Comment: A Public Hearing regarding the draft CAPER will be held on Tuesday, August 24, 2021, at 6:00 p.m. via Channel 3 and City’s website as noted above. The public has fifteen (15) days to comment on the proposed CAPER draft starting August 10, 2021.

A copy of the draft CAPER will be available for public review and comment at the City’s webpage listed below.

• http://www.pico-rivera.org/depts/ced/housing/default.asp

Citizens unable to attend the Public Hearing but wishing to comment must do so in writing. Written comments must be addressed to the City of Pico Rivera, City Clerk’s Office, 6615 Passons Boulevard, Pico Rivera, California 90660 or emailed to [email protected] and received by the date of the public hearing before 4:00 p.m.

For more information, call Julia Gonzalez, Deputy Director of Community & Economic Development Department at (562) 801-4447 or via e-mail at [email protected].

PERSONS INTERESTED IN THIS MATTER are invited to provide comments prior to the hearing via the email provided above. If you challenge the above-referenced materials in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Pico Rivera City Clerk at, or prior to, the public hearing.

Published: July 30, 2021*********************************************************************************In compliance with the Americans with Disabilities Act of 1990, the City of Pico Rivera is committed to providing reasonable accommodations for a person with a disability. Please contact Anna Jerome at (562) 801-4389 if special program accommodations are necessary and/or if program information is needed in an alternative format. Special requests must be made in a reasonable amount of time in order that accommodations can be arranged.


Enclosure 5

2e


From: City Manager


Subject: PUBLIC HEARING – APPROVAL OF A PROPOSED RESOLUTION AUTHORIZING THE CITY MANAGER LIMITED ADMINISTRATIVE AUTHORITY TO ADJUST PICO RIVERA INNOVATIVE MUNICIPAL ENERGY (PRIME) RATES

Recommendation:

1. Conduct a public hearing; and

2. Approve the proposed resolution authorizing the City Manager to makecertain limited adjustments to customer power generation rates for PicoRivera Innovative Municipal Energy (PRIME).

Fiscal Impact:

PRIME rates are designed to generate sufficient revenue to fund ongoing operations and maintain approved reserves according to the adopted rate policies. Approval of the proposed resolution will allow PRIME the flexibility to adapt in real-time, an essential function for any program operating and serving customers within a competitive environment. There is no direct fiscal impact to the enterprise as a result of this action.

Background:

On January 24, 2017, City Council adopted Ordinance No. 1105 establishing Pico Rivera’s Community Choice Aggregation (CCA) program in hopes of bettering the current and future environmental and economic conditions of the community. On September 1, 2017, Pico Rivera Innovative Municipal Energy (PRIME) launched and became the ninth operational Community Choice Aggregation (CCA) program in the State of California, serving all residential, municipal and commercial accounts in Pico Rivera by May 2018. Since its launch, the program has experienced a 95% participation rate and vast support from the local and surrounding communities.

PRIME’s mission is to design an aggressive, strategic procurement portfolio that provides our organization with the versatility to implement the critical and innovative initiatives required to achieve PRIME’s vision. This is fundamental to the program’s

3

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 PUBLIC HEARING – APPROVAL OF A PROPOSED RESOLUTION AUTHORIZING THE CITY MANAGER LIMITED ADMINISTRATIVE AUTHORITY TO ADJUST PICO RIVERA INNOVATIVE MUNICIPAL ENERGY (PRIME) RATES Page 2 of 3 success and its ability to provide quality programs and services to its customers. PRIME’s mission goes beyond providing energy discounts and extends to achieving greater local control over the provision of electrical services, and the promotion of competitively priced renewable energy options to customers in an effort to create sustainable, innovative approaches to modern living. Discussion: At its regular meeting on February 27, 2018, the City Council approved Resolution No. 6944 (and as thereafter amended on September 10, 2019, by Resolution No. 7033 and on April 14, 2020, by Resolution No. 7060), establishing Rate Schedules for PRIME and authorized consideration of further rate adjustments through approval of subsequent resolutions. For ease in customer understanding and cost comparison, PRIME’s rates are developed to mirror those of Southern California Edison (SCE). Since the launch of the PRIME program in 2017, SCE has adjusted rates approximately 10 times. PRIME has adjusted rates approximately five (5) times to remain competitive with SCE. California Choice Energy Authority (CalChoice), PRIME’s technical consultants, and City staff are continuously reviewing SCE’s rate proposals to determine if PRIME’s rates should be adjusted accordingly. If CalChoice and staff determine a rate adjustment is necessary, it requires several months of planning to ensure City Council approves the revised rate schedules, even for minor adjustments. Typically, it takes approximately 2-3 months for the rates to take effect due to the City Council approval process, adjusting billing determinants and notifying customers. In the past, this timeline has caused PRIME rates to be out of alignment with SCE rates for several months and impacted operating revenues. In order to address fluctuations in operating costs and ensure rate adjustments take effect in a timely manner, staff recommends City Council grant the City Manager the power and authority to periodically make certain minor adjustments to PRIME rates. Prior to implementing a rate adjustment, the City Manager and CalChoice must have reasonably determined the rate adjustment is necessary for PRIME to avoid an operating deficit. Pursuant to the authorization being sought today via the proposed resolution, the City Manager will not be authorized to adjust rates more than 5% higher or lower than the rate in effect as of the last day of the previous fiscal year. Further, written notice of the rate adjustment will be provided to the affected customers as typically done with a rate adjustment. Approving the proposed resolution will allow PRIME to react more swiftly to SCE rate changes and provide the program a competitive advantage as a power provider. Several other CCA programs in California have adopted similar resolutions including, Lancaster Choice Energy, CleanPowerSF and Santa Barbara Community Choice Energy.

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 PUBLIC HEARING – APPROVAL OF A PROPOSED RESOLUTION AUTHORIZING THE CITY MANAGER LIMITED ADMINISTRATIVE AUTHORITY TO ADJUST PICO RIVERA INNOVATIVE MUNICIPAL ENERGY (PRIME) RATES Page 3 of 3 A priority of the City Council is the protection of the City’s general funds, maintaining reserves to ensure long-term program rate stability and generating revenue sufficient to cover operating costs. PRIME’s adopted rate policy which has been certified by the California Public Utilities Commission (CPUC) states that “The City will establish rates sufficient to recover all costs related to operation of the PRIME program, including any reserves that may be required as a condition of financing and other discretionary reserve funds that may be approved by Pico Rivera”. Additionally, the primary objectives of the rate-setting policy are to set rates that achieve the following: rate competitiveness, voluntary renewable energy supply options, rate stability, equity among customers, customer understanding, and revenue sufficiency. Notice: A ten (10) day notice of this public hearing, published July 23, 2021, and relevant documents have been available for public inspection in the City Clerk’s Office. Conclusion: It is recommended that the City Council approve the proposed resolution authorizing the City Manager limited administrative authority to adjust PRIME rates 5% higher or lower than the rate in effect as of the last day of the previous fiscal year. Operating in a competitive environment presents several challenges that require a responsive team that can adjust to the ever-changing fluctuations in the energy market. Staff is confident that the proposed rate-setting methodology is reflective of the research, forecasting, and risk mitigation efforts conducted by staff and consultants to respond and adjust to the ever-changing fluctuations in the marketplace. Steve Carmona SC:KF:km Enclosures: 1) Resolution 2) Adopted Rate Policies 3) Public Hearing Notice

cayala

Steve Carmona

RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO MAKE CERTAIN LIMITED ADJUSTMENTS TO CUSTOMER POWER GENERATION RATES FOR PICO RIVERA INNOVATIVE MUNICIPAL ENERGY

WHEREAS, on January 24, 2017, the City Council (“City Council”) of the City of Pico Rivera (“City”) adopted Ordinance No. 1105 declaring its intent to establish Pico Rivera Innovative Municipal Energy (“PRIME”) pursuant to the community choice aggregation (“CCA”) provisions of California law; and

WHEREAS, the City Council approved an implementation plan (“Implementation Plan”) for PRIME, and the California Public Utilities Commission certified the Implementation Plan on April 26, 2017; and

WHEREAS, pursuant to Section 8 of the Implementation Plan and applicable law, the City Council established initial power generation rates for PRIME customers and has thereafter established such rates as part of the City’s regular budget adoption and review process; and

WHEREAS, in order to address fluctuations in operating costs and ensure sufficient revenue, the City Council has determined that PRIME rates may require minor adjustment from time to time prior to the City Council’s next regularly scheduled budget adoption or review; and

WHEREAS, subject to the terms and conditions of this Resolution, the City Council desires to grant to the City Manager of the City (“City Manager”) the power and authority to periodically make certain minor adjustments to PRIME rates as further defined below.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:

SECTION 1. The foregoing recitals are true, correct and constitute a substantive part of this Resolution.

SECTION 2. The City Manager shall have the power and authority to increase or reduce PRIME customer power generation rates as, and to the extent he or she reasonably determines necessary, [GVR1]to avoid an operating deficit or surplus. The City Manager’s power and authority pursuant to this Resolution shall be subject to the following conditions, limitations and requirements:

(a) Prior to implementing a rate adjustment, the CityManager shall have reasonably determined the rateadjustment is: (i) necessary for PRIME to avoid an

Enclosure 1

3a

RESOLUTION NO. ____ Page 2 of 2

operating deficit or surplus; (ii) consistent with applicable law; and (iii) consistent with PRIME’s Implementation Plan and other governing documents and policies;

(b) Written notice of the rate adjustment shall be distributed to the affected customers; and

(c) A rate adjustment shall not result in a rate that is more than five percent (5%) higher or lower than the rate in effect as of the last day of the previous fiscal year.

SECTION 3. Future modifications to PRIME rates carried out by the City Manager, including all related notices and rate schedules, shall include a notation that the rates established therein are subject to adjustment pursuant to the authority granted under this Resolution. Notwithstanding the first sentence in this Section 3, it is further resolved that no specific language is required for such notation and failure to include such notation shall not impact the effectiveness of such subsequent rate adjustments (including the power and authority granted herein) or the effectiveness of any notice, and/or rate schedule. [GVR2]

SECTION 4. The City Clerk shall attest to the passage of this resolution and it shall thereupon be in full force and effect.

APPROVED AND PASSED this 10th day of August, 2021. _______________________________

Raul Elias, Mayor ATTEST: APPROVED AS TO FORM: ____________________________ _______________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney


Enclosure 2

3b

15LosCerritosNews.netJULY 30, 2021 To advertise call 562-407-3873

FICTITIOUS BUSINESSNAME STATEMENTFile Number 2021147930THE FOLLOWING PERSON(S) IS (ARE) DOING BUSINESS AS: AT TAX SERVICE 10659 BLOOMFIELD ST., TOLUCA

LAKE, CA., 91602. REGISTERED OWNER: ANASTASIA A. TYULINA, 10659 BLOOMFIELD ST., TOLUCA LAKE,

CA., 91602. THIS BUSINESS IS CONDUCTED AS AN INDIVIDUAL. The date registrant started to transact business under the fictitious business name or names listed above: 5/21. I declare that all the information in this statement is true and correct. (A registrant who declares as true any material matter pursuant to Section 17913 of the Business and Professions Code that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000). /S/ ANASTASIA A.

TYULINA. This statement was filed with the County Clerk of Los Angeles on 6/30/21. In accordance with Subdivision (a) of Section 17920, a Fictitious Name Statement generally expires at the end of five years from the date on which it was filed in the of notice of the County Clerk, except, as provided in Subdivision (b) of Section 17920, where it expires 40 days after any change in the facts set forth in the statement pursuant to Section 17913 other than a change in the residence address of a registered owner. A new Fictitious Business Name Statement must be filed before the expiration. Effective January 1, 2014, the Fictitious Business Name Statement must be accompanied by the affidavit of identity form. The filing of this statement does not of itself authorize the use in this state of a Fictitious Business Name in violation of the rights of another under Federal, State or Common Law (see Section 14411 et seq., Business and Professions Code). LCCN 7/30, 8/6, 8/13, 8/20/21

Extra Space Storage will hold a public auction to sell personal property described below belonging to those individuals listed below at location indicated: 10753 Artesia Blvd. Cerritos, Ca 90703 on August 9. 2021, at 11:00 am. Ashley Torres- Household items, Shelly Sabo- Furniture and boxes , Patrick Enewally, Boxes, and containers. Kenya Watts- Household items . The auction will be listed and advertised on www.storagetreasures.com. Purchases must be made with cash only and paid at the above referenced facility in order to complete the transaction. Extra Space Storage may refuse any bid and may rescind any purchase up until the winning bidder takes possession of the personal property.

Published at LCCN on 07/23/2021 and 7/30/2021

ABC UNIFIED SCHOOL DISTRICTNOTICE CALLING FOR BIDS

NOTICE IS HEREBY GIVEN that the ABC Unified School District will receive up to but not later than 11:00 AM on the 9th day of August 2021 sealed bids for:

Bid # ABC – 1570 Custodial Supplies Bid

All bids shall be made and presented on a form furnished by the District. Bids submitted conform to the terms and conditions stated on said form. Bids shall be received in the Purchasing Department at 16700 Norwalk Blvd., Cerritos, CA., 90703 and shall be opened and publicly read aloud at the above stated time and place.

Bids and specifications may be obtained from the Purchasing Department at the above address on July 23, 2021 or later.

Published at Los Cerritos Community News 7/23 and 7/30/21

FICTITIOUS BUSINESSNAME STATEMENTFile Number 2021152374THE FOLLOWING PERSON(S) IS (ARE) DOING BUSINESS AS: : LECHETA NAIL BAR, 13404 WOODRUFF AVE., BELL-FLOWER, CA., 90706. REGISTERED OWNER: LECHETA, LLC, 13404 WOODRUFF AVE., BELLFLOWER, CA., 90706. THIS BUSINESS IS CONDUCTED AS A LIMITED LIABILITY CORPORATION. The date registrant started to transact business under the fictitious business name or names listed above: N/A. I declare that all the information in this statement is true and correct. (A registrant who declares as true any material matter pursuant to Section 17913 of the Business and Professions Code that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000). /S/ ALI BURHANI. This statement was filed with the County Clerk of Los Angeles on 7/6/21. In accordance with Subdivision (a) of Section 17920, a Fictitious Name State-ment generally expires at the end of five years from the date on which it was filed in the of notice of the County Clerk, except, as provided in Subdivision (b) of Section 17920, where it expires 40 days after any change in the facts set forth in the statement pursuant to Section 17913 other than a change in the residence address of a registered owner. A new Fictitious Business Name Statement must be filed before the expiration. Effective January 1, 2014, the Fictitious Business Name Statement must be accompanied by the affidavit of identity form. The filing of this statement does not of itself authorize the use in this state of a Fictitious Business Name in violation of the rights of another under Federal, State or Common Law (see Section 14411 et seq., Business and Professions Code). LCCN 7/16, 7/23, 7/30, 8/6/21

FICTITIOUS BUSINESSNAME STATEMENTFile Number 2021152851THE FOLLOWING PERSON(S) IS (ARE) DOING BUSINESS AS: BEAGLE INSURANCE SERVICES, 401 WILSHIRE BLVD., 12TH FLOOR, PMB#925, SANTA MONICA, CA., 90401. REGISTERED OWNER: BEAGLE SERVICES, INC., 401 WILSHIRE BLVD., 12TH FLOOR, PMB#925, SANTA MONICA, CA., 90401. THIS BUSINESS IS CONDUCTED AS A CORPORATION. The date registrant started to transact business under the fictitious business name or names listed above: N/A. I declare that all the information in this statement is true and correct. (A registrant who declares as true any material matter pursuant to Section 17913 of the Business and Professions Code that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000). /S/ RONI "Rani" ALYMAD. This statement was filed with the County Clerk of Los Angeles on 7/7/21. In accordance with Subdivision (a) of Section 17920, a Fictitious Name Statement generally expires at the end of five years from the date on which it was filed in the of notice of the County Clerk, except, as provided in Subdivision (b) of Section 17920, where it expires 40 days after any change in the facts set forth in the statement pursuant to Section 17913 other than a change in the residence address of a registered owner. A new Fictitious Business Name Statement must be filed before the expiration. Effective January 1, 2014, the Fictitious Business Name Statement must be accompanied by the affidavit of identity form. The filing of this statement does not of itself authorize the use in this state of a Fictitious Business Name in violation of the rights of another under Federal, State or Common Law (see Section 14411 et seq., Business and Professions Code). LCCN 7/16, 7/23, 7/30, 8/6/21

CITY OF LA MIRADA

STATE OF CALIFORNIA

NOTICE INVITING BIDS

CAPITAL IMPROVEMENT PROJECT NO. 2021-06

PARKING LOT SEAL COAT FOR CITY FACILITIES – CIVIC CENTER, BEHRINGER

PARK, FRONTIER PARK, VETERANS PARK, WINDERMERE PARK, NEFF PARK,

CREEK PARK, GARDENHILL PARK, WILDERNESS AREA, PUBLIC WORKS WARE-

HOUSE,

THEATRE WAREHOUSE, TRANSIT FACILITY AND 14515 ALONDRA BOULEVARD

Notice is hereby given that the City of La Mirada, California invites sealed bids for the furnishing of all labor, materials, equipment, and services for Capital Improvement Project No. 2021-06. Project Documents are available online from American Reprographics Company (ARC). Bidders may obtain free copies of the Plans, Specifications and other Contract Documents online by visiting http://www.crplanwell.com/. Work includes parking lot seal coat, crack seal, asphalt replacement and striping for the following City facilities: Civic Center, Behringer Park, Frontier Park, Veterans Park, Windermere Park, Neff Park, Creek Park, Gardenhill Park, Wilderness Area, Public Works Warehouse, Theatre Warehouse, Transit Facility and 14515 Alondra Boulevard in the City of La Mirada.

Sealed bids shall be delivered to the City Clerk at or before 11 a.m. on August 12, 2021. Bids must be submitted on the blank forms, prepared and furnished for that purpose and included in the Plans and Specifications. The City reserves the right to reject any and all bids, or delete portions of any or all bids, or waive any informality or irregularity in the bid or the bid procedures.

Leticia Revilla, Assistant City Clerk

Published at La Mirada Lamplighter 7/23 and 7/30/21

TO ALL INTERESTED PERSONSTAMI CATHERINE EPSTEIN-MOORE filed a petition with this court for a decree changing name as follows: TAMI CATHERINE EPSTEIN-MOORE TO TAMI CATHERINE MOORE. THE COURT ORDERS that all persons interested in this matter appear before this court at the hearing in-dicated below to show cause, if any, why the petition for change of name should not be granted. Any person objecting to the name changes described above must file a written objection that includes the reasons for the objection at least two days before the matter is scheduled to be heard and must appear at the hearing to show cause why the petition should not be granted. If no written objection is timely filed, the court may grant a petition without a hearing. Court date 8/23/21, 10:00 am, Dept 74, RM 735 by Nick Miramontes. Published at Los Cerritos Community Newspaper 7/9, 7/16, 7/23, 7/30/21, Case number 21STCP02176.

Notice of Self Storage Sale

Please take notice US Storage Centers – Cerritos located at 16015 Piuma Ave. Cerritos, CA 90703 intends to hold an auction to sell the goods stored by the following tenant at the storage facility. The sale will occur as an online auction via www.storagetreasures.com on 8/19/2021 at 10:00AM. Unless stated otherwise the description of the contents are household goods and furnishings. Carmen Milagros Figueroa. All property is being stored at the above self-storage facility. This sale may be withdrawn at any time without notice. Certain terms and conditions apply. See manager for details.

Published at Los Cerritos Community News and 7/30 and 8/6/21

Notice of Self Storage Sale

Please take notice US Storage Centers - Commerce – Olympic located at 5415 E. Olympic Blvd. Commerce CA 90022 intends to hold an auction to sell the goods stored by the following tenants at the storage facility. The sale will occur as an online auction via www.storagetreasures.com on 8/19/2021 at 10:00AM. Unless stat-ed otherwise the description of the contents are household goods and furnishings. Jose L Molina; Kassandra Suhey Buenrostro; Joseph Macias; Brishee Taylor; Roxanne Zepeda; Maria Baez Juarez; Larry Barron; Nora Guadalupe Reaves; Mariah Marlene Tirado; Elie Samaha; Lizett Romero; Iveth A Espinoza Castro; Pricilla Corral; Johnny Jesse Ramirez; Alberto Rolando Garcia Alpizar; Juan Manuel Rodriguez; Arthur Victor Reyes; Kejaun Malik Alexander; Hugo Olivares Cerezo; Christian Michael Preciado; Israel Navarro. All property is being stored at the above self-storage facility. This sale may be withdrawn at any time without notice. Certain terms and conditions apply. See manager for details.

Published at Los Cerritos Community News and 7/30 and 8/6/21

FICTITIOUS BUSINESSNAME STATEMENTFile Number 2021157810THE FOLLOWING PERSON(S) IS (ARE) DOING BUSINESS AS: UBER CONSULTING ENGINEERS, 5226 E PEABODY ST., LONG BEACH, CA., 90808. REGISTERED OWNER: YI-CHING-WANG, JORGE UBERHUAGA, 5226 E PEABODY ST., LONG BEACH, CA., 90808. THIS BUSINESS IS CONDUCTED AS A MARRIED COUPLE. The date registrant started to transact business under the fictitious business name or names listed above: N/A. I declare that all the information in this statement is true and correct. (A registrant who declares as true any material matter pursuant to Section 17913 of the Business and Professions Code that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000). /S/ YI-CHING-WANG. This statement was filed with the County Clerk of Los Angeles on 7/13/21. In accordance with Subdivision (a) of Section 17920, a Fictitious Name Statement generally expires at the end of five years from the date on which it was filed in the of notice of the County Clerk, except, as provided in Subdivision (b) of Section 17920, where it expires 40 days after any change in the facts set forth in the statement pursuant to Section 17913 other than a change in the residence address of a registered owner. A new Fictitious Business Name Statement must be filed before the expiration. Effective January 1, 2014, the Fictitious Business Name Statement must be accompanied by the affidavit of identity form. The filing of this statement does not of itself authorize the use in this state of a Fictitious Business Name in violation of the rights of another under Federal, State or Common Law (see Section 14411 et seq., Business and Professions Code). LCCN 7/23, 7/30, 8/6, 8/13/21.

FICTITIOUS BUSINESSNAME STATEMENTFile Number 2021156256THE FOLLOWING PERSON(S) IS (ARE) DOING BUSINESS AS: AURORA SKY ENTERTAINMENT; AURORA SKY PUBLISHING; AURORA SKY INTERACTIVE; AURORA SKY STUDIOS, 28625 S. WESTERN AVE, #218, RANCHO PALOS VERDES, CA., 90275 REGISTERED OWNER: AURORA SKY, LLC, 28625 S. WESTERN AVE, #218, RANCHO PALOS VERDES, CA., 90275. THIS

BUSINESS IS CONDUCTED AS A LIMITED LIABILITY COMPANY. The date registrant started to transact business under the fictitious business name or names listed above: N/A. I declare that all the information in this statement is true and correct. (A registrant who declares as true any material matter pursuant to Section 17913 of the Business and Professions Code that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000). /S/ SCOT BARBOUR. This statement was filed with the County Clerk of Los Angeles on 7/12/21. In accordance with Subdivision (a) of Section 17920, a Fictitious Name Statement generally expires at the end of five years from the date on which it was filed in the of notice of the County Clerk, except, as provided in Subdivision (b) of Section 17920, where it expires 40 days after any change in the facts set forth in the statement pursuant to Section 17913 other than a change in the residence address of a registered owner. A new Fictitious Business Name Statement must be filed before the expiration. Effective January 1, 2014, the Fictitious Business Name Statement must be accompanied by the affidavit of identity form. The filing of this statement does not of itself authorize the use in this state of a Fictitious Business Name in violation of the rights of another under Federal, State or Common Law (see Section 14411 et seq., Business and Professions Code). LCCN 7/23, 7/30, 8/6, 8/13/21.

CITY OF PICO RIVERANOTICE OF CITY COUNCIL PUBLIC HEARING

PICO RIVERA INNOVATIVE MUNICIPAL ENERGY (PRIME) RATE SETTING

NOTICE IS HEREBY GIVEN that a public hearing will be held before the City of Pico Rivera City Council to consider adopting a proposed Resolution authorizing the City Manager to make certain limited adjustments to customer power generation rates for Pico Rivera Innovative Municipal Energy (PRIME). The public hearing will be held as follows:

WHEN: August 10, 2021

TIME: 6:00 p.m.

WHERE: City Hall Council Chambers6615 Passons BoulevardPico Rivera, CA 90660

MAIL: PO Box 1016 TELEPHONE: (562) 801-4332

THE PROPOSED RESOLUTION would authorize the City Manager to implement reasonably neces-sary rate adjustments for PRIME services resulting in no more than a five percent (5%) increased or reduction of the rate than the rate in effect as of the last day of the previous fiscal year.

Citizens unable to attend the Public Hearing but wishing to comment on August 10, 2021 must do so in writing. Written comments will be accepted for a period of 15 days, until August 10, 2021, before 6:00 p.m. Written comments must be addressed to Anna Jerome, City Clerk, 6615 Passons Blvd., Pico Rivera. If you have any questions you can contact Kaitlin McGee, at (562) 801-4437.

PERSONS INTERESTED IN THIS MATTER are invited to attend this hearing to express their opinion on the above matter. You may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Pico Rivera, or prior to, the public hearing.

Anna JeromeCity ClerkCity of Pico RiveraHearing: August 10, 2021 6:00 P.M.*********************************************************************************In compliance with the Americans with Disability Act of 1990, the City of Pico Rivera is commit-ted to providing reasonable accommodations for a person with a disability. Please contact Anna M. Jerome at (562) 801-4389 if special program accommodations are necessary and/or if program information is needed in an alternative format. Special request must be made in a reasonable amount of time in order that accommodations can be arranged.


CITY OF ARTESIANOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT the City Council of the City of Artesia will hold a Public Hearing to consider the following item at the Regular City Council Meeting at 7:00 p.m. on August 9, 2021:

Resolution No. 21-2843A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARTESIA, CALIFORNIA, ADOPTING A NEW REGISTRATION FEE FOR THE VACANT BUILDING AND FORECLOSED PROPERTIES REGISTRATION PROGRAM

The meeting will be held at the City Council Chambers in Artesia City Hall, 18747 Clarkdale Ave., Artesia, CA 90701. Public comments can be made in person, or may be submitted by email to [email protected], or by voicemail to (562) 865-6262, extension 200. Please submit email and voicemail public comments by 5:00 p.m. on the date of the meeting to ensure that the comments are read into the record.

If you challenge the City’s actions in regard to this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the City at, or prior, to the public hearing.

Ernesto SanchezPUBLISHED: July 30, 2021 in the Los Cerritos Community News City Clerk

Published at Los Cerritos Community News 7/30/21

Enclosure 3

3c

Tuesday, July 13, 2021

A Regular Meeting of the City Council, Successor Agency, and Water Authority was held in the Council Chamber, Pico Rivera City Hall, 6615 Passons Boulevard, Pico Rivera, California.

Mayor/Chairman/President Elias called the regular meeting to order at 6:00 p.m. on behalf of the City Council, Successor Agency and Water Authority.

PRESENT: Camacho, Lara, Lutz, Sanchez, Elias ABSENT: None

COMMISSIONERS PRESENT: Monica Villalobos, Planning Commission Gloria Aguirre, Parks & Recreation Commission

INVOCATION: Delivered by Councilmember Lutz

PLEDGE OF ALLEGIANCE: Led by Councilmember Lara

SPECIAL PRESENTATION:

• Army Corps of Engineers – Whittier Narrows Dam Project

Los Angeles District Project Manager George Sunny provided an overview of the Whittier Narrows Dam Safety Modification Project including the project scope and schedule, project impacts, the project’s next steps and the federal procurement process in which he further stated that the federal procurement requirements did not allow for local hiring policies.

City Council discussed the project impacts to the Pico Rivera Golf Course including noise and dust control, facility and road closures, project completion date of 2026, Golf Course parking lot project usage, mitigation of homeless and safety issues, City liason information for resident complaints, and a bi-annual project update report from the Army Corps of Engineers.

PUBLIC COMMENTS:

Written communications were received by the following:

Jose Sanchez: • Addressed the City Council regarding Rosemead Boulevard botch trench repair

and expressed concerns with the current public comment policy.

4

07-13-21.CityCouncilMinutes Page 2 of 8 Antonio Hernandez:

• Addressed the City Council expressing his concern with Item No. 7, Underwriter Selection for the Proposed Tax Allocation Refunding Bonds (TAB).

Maria Aguilar:

• Addressed the City Council expressing her concern with Item No. 7, Underwriter Selection for the Proposed Tax Allocation Refunding Bonds (TAB).

Ronald Wilson, Attorney representing Leticia Vasquez: • Addressed the City Council regarding Central Basin Municipal Water District vs.

Board member Leticia Vasquez lawsuit. Leticia Vasquez, Central Basin Board Member:

• Addressed the City Council regarding Central Basin Municipal Water District vs. Board member Leticia Vasquez lawsuit.

Lauren Talbott, Pico Rivera Community Library Manager:

• Addressed the City Council regarding post COVID-19 library protocols, schedules and upcoming library programs and events for the month of July.

The following speakers addressed the City Council regarding mobile home park rent control:

• Hope Cruz • Arlene Alonzo • Judith Rogers • Olga Portillo • Amelia Rojo

Amy Powell:

• Addressed the City Council expressing her concern with Item No. 5, Approval of Debt Forgiveness of Leba, Inc. due to Financial Hardships resulting from COVID-19.

Nora Valdez:

• Addressed the City Council regarding illegal fireworks. CONSENT CALENDAR ITEMS: City Council: 1. Minutes:

• Approved City Council special meeting of June 17, 2021 and regular meeting of June 22, 2021

• Received and filed Parks and Recreation regular minutes of May 13, 2021

2. Approved 1st Warrant Register of the 2021-2022 Fiscal Year. (700) Check Numbers: 287516-287536; 287537-287606; 287607-287657

07-13-21.CityCouncilMinutes Page 3 of 8 Special Check Numbers: None 3. Community Development Block Grant (CDBG) Fiscal Year 2021-22 Annual

Action Plan Amendment. (1600)

1. Approved Resolution No. 7143 amending the fiscal year 2021-22 Annual Action Plan to incorporate additional CDBG funding. Resolution No. 7143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, APPROVING A RESOLUTION AMENDING THE BUDGET TO THE FISCAL YEAR 2021-22 ANNUAL ACTION PLAN TO INCORPORATE ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING

4. Contract Amendment for Tree Maintenance Services with West Coast Arborists, Inc. (500)

This item was pulled from the Consent Calendar for further clarification and discussion. 5. Approval of Debt Forgiveness of Leba, Inc. due to Financial Hardships

Resulting from COVID-19 Pandemic. (700)

This item was pulled from the Consent Calendar for further clarification and discussion. 6. Habitat for Humanity of Greater Los Angeles Project Approval for 8836

Mines Avenue. (500)

1. Approved a Minor Home Repair Grant project in the amount of $40,214 under the City’s agreement with Habitat for Humanity of Greater Los Angeles.

City Council/Successor Agency: 7. Underwriter Selection for the Proposed Tax Allocation Refunding Bonds,

Series 2021 and Pension Obligation Bonds, Series 2021. (700) This item was pulled from the Consent Calendar for further clarification and discussion. Successor Agency: 8. Minutes:

• Approved Successor Agency regular meeting of June 22, 2021 9. Approval of the Preliminary Official Statement for the 2021 Tax Allocation

Refunding Bonds and Related Actions by the Successor Agency. (500) This item was pulled from the Consent Calendar for further clarification and discussion.

07-13-21.CityCouncilMinutes Page 4 of 8 Water Authority: 10. Minutes:

• Approved Water Authority regular meeting of June 22, 2021 11. Approve a Resolution and Amendment No. 1 to the 2001 Tax Allocation

Bond Indenture. (700) This item was pulled from the Consent Calendar for further clarification and discussion. Motion by Councilmember/Director/Commissioner Camacho, seconded by Councilmember/Director/Commissioner Lutz to approve Consent Calendar Items No. 1, 2, 3, 6, 8, and 10. Motion carries by the following roll call vote: AYES: Camacho, Lara, Lutz, Sanchez, Elias NOES: None CONSENT CALENDAR ITEMS PULLED FOR FURTHER CLARIFICATION: City Council: 4. Contract Amendment for Tree Maintenance Services with West Coast

Arborists, Inc. (500) Councilmember Lara expressed his concern with the term and increase of cost of the service contract and requested to separate the items into two (2) agenda items for the next City Council meeting. Motion by Councilmember Lara, seconded by Councilmember Camacho to approve recommendation Item No. 1b, the backlog of 470 trees and go out to bid for a new RFP for a new three year contract for the remainder of services. Substitute motion by Mayor Pro Tem Dr. Sanchez, seconded by Councilmember Lutz to continue the item to the next City Council meeting. Motion carries by the following roll call vote: AYES: Camacho, Lara, Lutz, Sanchez, Elias NOES: None 5. Approval of Debt Forgiveness of Leba, Inc. due to Financial Hardships

Resulting from COVID-19 Pandemic. (700) Councilmember Lara expressed his support for this item. Councilmembers Lutz, Camacho and Sanchez reported receiving campaign contributions from Leba Inc. Motion by Councilmember Lara, seconded by Councilmember Camacho to: 1) Authorize the City to waive, dismiss and/or otherwise forgive the outstanding debt of $384,122 that is owed by LEBA Inc. to the Sports Arena Enterprise Fund 590, which is directly attributed to the economic hardships resulting from closures of entertainment venues in accordance with national, statewide and county public health orders

07-13-21.CityCouncilMinutes Page 5 of 8 associated with the COVID-19 pandemic between March 2020 and June 15, 2021; 2) Approve June 15, 2021 as the formal date to reinstate all quarterly installment payments as defined in Section 6.1 of Concession Agreement No. 13-1407. The following payment shall be due October 1, 2021 and shall be pro-rated for the period of June 15, 2021 to September 20, 2021; and 3) Amend the fiscal year 2021-2023 Budget to incorporate the reinstated rental payment revenues in the amount of approximately $560,112. Motion carries by the following roll call vote: AYES: Camacho, Lara, Lutz, Sanchez, Elias NOES: None City Council/Successor Agency: 7. Underwriter Selection for the Proposed Tax Allocation Refunding Bonds,

Series 2021 and Pension Obligation Bonds, Series 2021. (700) Councilmember/Director Lara expressed his concerns with the RFP process and the recommended vendor. Columbia Capital Managing Director Mike Williams and Urban Futures CEO Michael Bush provided an explanation of the RFP process for the Pension Obligation Bonds. Motion by Councilmember/Director Camacho, seconded by Mayor Pro Tem/Vice Chairman Dr. Sanchez to: 1) Authorize the City Manager as Executive Director of the Successor Agency to engage Raymond James and Cabrera Capital Markets as Co-Senior Managing underwriters for the 2021 Tax Allocation Refunding Bonds (TABs); and 2) Authorize the City Manager to engage Cabrera Capital Markets as underwriter for the Pension Obligation Bonds, Series 2021. Motion failed by the following roll call vote: AYES: Camacho, Sanchez NOES: Lara, Lutz, Elias Motion by Councilmember/Director Lara, seconded by Mayor/Chairman Elias to re-issue the Request for Proposals (RFP) and hold oral interviews with top proposals. Motion carries by the following roll call vote: AYES: Camacho, Lara, Lutz, Elias NOES: Sanchez Successor Agency: 9. Approval of the Preliminary Official Statement for the 2021 Tax Allocation

Refunding Bonds and Related Actions by the Successor Agency. (500) After some discussion in regard to Item No. 7, Nick Yager from Stradling Yocca Carlson & Rauth suggested amending the proposed resolution by removing the underwriter titles from the resolution and the Bond Purchase Agreement.

07-13-21.CityCouncilMinutes Page 6 of 8 Motion by Director Lara, seconded by Director Camacho to amend Resolution No. SA-21-18 ratifying the form of the Preliminary Official Statement for the 2021 Tax Allocation Refunding Bonds (TABs) and removing the underwriter(s) names from the resolution and the Bond Purchase Agreement. Motion carries by the following roll call vote:

Resolution No. SA-21-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, APPROVING A RESOLUTION AMENDING THE BUDGET TO THE FISCAL YEAR 2021-22 ANNUAL ACTION PLAN TO INCORPORATE ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING

AYES: Camacho, Lara, Lutz, Sanchez, Elias NOES: None Water Authority: 11. Approve a Resolution and Amendment No. 1 to the 2001 Tax Allocation

Bond Indenture. (700) In conjunction with Item No. 9, Nick Yager from Stradling Yocca Carlson & Rauth suggested approving this item with an amendment to remove the underwriter titles from the resolution and the Bond Purchase Agreement. Motion by Commissioner Lara, seconded by Commissioner Camacho to amend Resolution No. 21-32 of the Board of the Pico Rivera Water Authority consenting to the execution and delivery of an amendment to the indenture of trust relating to the Pico Rivera Redevelopment Agency Redevelopment Project No. 1 2001 Tax Allocation Refunding Bonds; and the redemption of the 2001 Tax Allocation Refunding Bonds, directing the use of the redemption price of the 2001 Tax Allocation Refunding Bonds to redeem the Water Authority’s 2001 Water Revenue Bonds, and authorizing certain other actions in connection therewith and removing the underwriter(s) names from the Bond Purchase Agreement. Motion carries by the following roll call vote:

Resolution No. 21-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, APPROVING A RESOLUTION AMENDING THE BUDGET TO THE FISCAL YEAR 2021-22 ANNUAL ACTION PLAN TO INCORPORATE ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING

AYES: Camacho, Lara, Lutz, Sanchez, Elias NOES: None REGULAR AGENDA: None CITY MANAGER/STAFF REPORTS: None NEW BUSINESS:

07-13-21.CityCouncilMinutes Page 7 of 8 Mayor Pro Tem Dr. Sanchez suggested that staff look into utilizing the American Rescue Plan for the Smith Park Pool improvement project and a donation policy. She motioned, with a second from Councilmember Camacho to agendize for the August 10 meeting cost of replacement for boiler and other pool project improvements. Councilmember Camacho asked for a City Council study session to discuss federal funds prioritization and a joint meeting with the El Rancho Unified School District to discuss green space opportunities, seconded by Councilmember Lutz. He requested for staff to bring a Homeless Update presentation at the next City Council meeting and asked for information on the upcoming National Night Out event. Sheriff’s Lieutenant Hutak stated that the National Night Out is scheduled for the first Tuesday of August to include a partnership with Adriana’s Insurance and provide a backpack giveaway to students in the community. Mayor Elias asked the Health & Safety Ad Hoc Committee to look at a homeless ordinance. Councilmember Lara asked to agendize for discussion a report on City Council 12-year term limits, seconded by Mayor Elias and a report on a 10-year ban for contract lobbying by previous City Officials or staff, seconded by Councilmember Lutz. Mayor Elias asked staff to look into hosting a job fair to include City positions and local businesses, seconded by Councilmember Camacho. He asked the Community Services Ad Hoc Committee to work with staff on a Re-Grand Opening of the City, staff to work with the American Legion regarding the parking options on Durfee Avenue and asked for a meeting with the Senior Citizen groups via Zoom. In regard to the job fair request, City Manager Carmona stated that a memorandum outlining the timeline in which the City can host a job fair will be forthcoming to the City Council. OLD BUSINESS: Councilmember Lara expressed his concerns on the resins recommended for the City’s PFAs as it pertains to DuPont. Councilmember Camacho asked staff to look into a Citywide parking analysis and a temporary fix for Rosemead Boulevard as expressed by resident Jose Sanchez, seconded by Councilmember Lara. INTERGOVERNMENTAL AGENCY MEETINGS, AB 1234 REPORTS: Councilmember Lara reported on behalf of the Health Committee providing an overview on the impacts of COVID-19 during the pandemic in Pico Rivera including statistics on vaccination rates, resources and programs offered by the City, City Hall re-opening protocols and procedures, Health and Wellness Committee, park facilities, programming and events and Community Youth Sports leagues. He and Councilmember Lutz reported on their attendance at the installation of the new Commander Dan Ortiz to the VFW Post 773.

07-13-21.CityCouncilMinutes Page 8 of 8 Councilmember Camacho reported on behalf of the Economic Recovery Ad Hoc Committee to include the railways clean up; Economic Recovery Plan, and apprenticeship program. Mayor Pro Tem Dr. Sanchez reported on an upcoming job fair hosted by SASSFA and Army Corps of Engineers Community event held at the Pico Rivera Golf Course. On behalf of the Community Services Ad Hoc Committee, she provided a brief report including updates on a meeting with the WeCare Program, El Rancho Unified School District and the Economic Recovery Ad Hoc. Councilmember Lutz reported on behalf of the Safety Ad Hoc Committee commenting on crime statistics, the safety camera pilot program roll-out, LED streetlight project, the successful catalytic converter etching events, and re-establishing the neighborhood watch groups. CLOSED SESSION(S): None ADJOURNMENT: Mayor/Chairman/President Elias adjourned the City Council meeting at 9:38 p.m. There being no objection it was so ordered. AYES: Camacho, Lara, Lutz, Sanchez, Elias NOES: None ________________________________

Raul Elias, Mayor ATTEST: _______________________________ Anna M. Jerome, City Clerk I hereby certify that the foregoing is a true and correct report of the proceedings of the City Council/Successor Agency/Water Authority regular meeting dated July 13, 2021 and approved by the City Council on August 10, 2021. ________________________________ Anna M. Jerome, City Clerk

MEETING DATE: 08/10/21CHECK DATE STARTING ENDING AMOUNT

CHECK NUMBERS: 07/08/21 287664 287689 $176,032.2407/15/21 287690 287713 $154,094.1907/22/21 287714 287745 $1,991,328.7807/22/21 287746 287754 $360.8107/26/21 287755 287755 $70.4007/29/21 287756 287806 $1,248,152.90

SPECIAL CHECK NUMBERS:

ACH NUMBERS:07/08/21 8418 843007/15/21 8445 845507/22/21 8479 850107/29/21 8502 8520

2ND WARRANT REGISTER OF THE 2021 - 2022 FISCAL YEAR

$3,570,039.32

$0.00

$3,570,039.32TOTAL REGISTER AMOUNT:

REGULAR CHECK TOTAL:

SPECIAL CHECK TOTAL:

5

AP WARRANT REGISTER 07-08-2021Payment Date Range 07/08/21 - 07/08/21

Report By Vendor - InvoiceDetail Listing

Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountVendor 299 - A. M. Plumbing Supply6390 SMALL TOOLS #217 Paid by Check #287664 06/07/2021 06/30/2021 06/30/2021 06/24/2021 07/08/2021 63.91

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000112 Small Tools & Equipment - Small tools &

equipment for City facility maintenance1.0000 Each 63.9100 63.91

G/L Account Project Amount100.40.4031-53500 (General Fund.Public Works.Facilities Maintenance-Small Tools & Equipment)

63.91

Invoice Items 1

Vendor 299 - A. M. Plumbing Supply Totals Invoices 1 $63.91Vendor 1836 - Bay Area Driving School, Inc. 144104 CONTRACT INSTRUCTOR-ONLINE

DRIVER'S ED 4/1/21-6/30/21Paid by Check #287665 06/30/2021 06/30/2021 06/30/2021 07/01/2021 07/08/2021 542.50

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberContract instructor - CONTRACT INSTRUCTOR-ONLINE DRIVER'S ED 4/1/21-6/30/21

1.0000 Each 542.5000 542.50

G/L Account Project Amount100.80.8107-54510 (General Fund.Parks And Recreation.Contract Instructors-Contract Instructors)

542.50

Invoice Items 1

Vendor 1836 - Bay Area Driving School, Inc. Totals Invoices 1 $542.50Vendor 1368 - Big City Print 3333 DIGITAL PRINTS-SIGNS Paid by Check #287666 06/30/2021 06/30/2021 06/30/2021 07/06/2021 07/08/2021 999.92

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPrint Duplicate & Photocopying - DIGITAL PRINTS-SIGNS

1.0000 Each 999.9200 999.92

G/L Account Project Amount100.80.8230-52400 (General Fund.Parks And Recreation.Marketing & Promotions-Print Duplicate & Photocopying)

999.92

Invoice Items 1

Vendor 1368 - Big City Print Totals Invoices 1 $999.92Vendor 1429 - BMG Money, Inc070821 EMPLOYEE DEDUCTION FOR P/E

07/02/21Paid by Check #287667 07/08/2021 07/08/2021 07/08/2021 07/08/2021 07/08/2021 243.22

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/08/2021 Deduction Loans 1.0000 Each 243.2200 243.22

G/L Account Project Amount100-20809 (General Fund-Employee Paid Payroll Loan) 202.08550-20809 (Water Authority-Employee Paid Payroll Loan) 23.59

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Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount070821 EMPLOYEE DEDUCTION FOR P/E

07/02/21Paid by Check #287667 07/08/2021 07/08/2021 07/08/2021 07/08/2021 07/08/2021 243.22

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number230-20809 (Lighting Assessment District-Employee Paid Payroll Loan) 17.55

Invoice Items 1

Vendor 1429 - BMG Money, Inc Totals Invoices 1 $243.22Vendor 786 - Central Basin Municipal Water DistrictRIV-MAY21 UTILITIES FOR APRIL 2021 Paid by Check #287668 06/14/2021 07/08/2021 06/30/2021 06/24/2021 07/08/2021 5,355.53

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberUtilities - WATER SVC-VARIOUS LOCATION 1.0000 Each 5,355.5300 5,355.53

G/L Account Project Amount100.40.4032-54200 (General Fund.Public Works.Park Maintenance-Utilities)

5,355.53

Invoice Items 1

Vendor 786 - Central Basin Municipal Water District Totals Invoices 1 $5,355.53Vendor 263 - City of Downey235128 SHARED TRAFFIC SIGNAL

MAINTENANCE, JULY 2020 - MARCH 2021

Paid by Check #287669 06/16/2021 06/30/2021 06/30/2021 06/30/2021 07/08/2021 2,951.78

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000251 Street Lights/Signals - PO for FY20-21 for

shared Traffic Signal Maintenance Service1.0000 Each 2,951.7800 2,951.78

G/L Account Project Amount100.40.4030-54655 (General Fund.Public Works.Street Maintenance-Street Lights/Signals)

2,951.78

Invoice Items 1

Vendor 263 - City of Downey Totals Invoices 1 $2,951.78Vendor 871 - COLLINS COMPANY609471 VINYL WRAPPED PADDING

RIVERA PARK BACK STOPS AND RIO VISTA PARK

Paid by Check #287670 06/29/2021 06/30/2021 06/30/2021 07/01/2021 07/08/2021 12,478.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000443 Furniture & Equipment - Backstop padding

repairs 10 fields1.0000 Each 12,478.0000 12,478.00

G/L Account Project Amount100.80.8100-57300 (General Fund.Parks And Recreation.Recreation Facilities & Programs-Furniture & Equipment)

12,478.00

Invoice Items 1

Vendor 871 - COLLINS COMPANY Totals Invoices 1 $12,478.00












Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount

Vendor 959 - Control Automation Design, Inc21-033 SCADA CONTRACT SERVICES Paid by Check #287671 06/24/2021 06/30/2021 06/30/2021 06/30/2021 07/08/2021 10,500.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000152 Contracted Services - SCADA maintenance &

integration programming1.0000 Each 10,500.0000 10,500.00

G/L Account Project Amount550.40.4920-54500 (Water Authority.Public Works.Water Utility-Operations&Resources-Contracted Services)

10,500.00

Invoice Items 1

Vendor 959 - Control Automation Design, Inc Totals Invoices 1 $10,500.00Vendor 345 - Cosby Oil CompanyCL53712 FUEL FOR CITY VEHICLES

05/21/21-05/31/21Paid by EFT #8418 05/31/2021 07/08/2021 06/30/2021 07/06/2021 07/08/2021 3,222.44

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberFuel - FUEL FOR CITY VEHICLES 05/21/21-05/31/21

1.0000 Each 3,222.4400 3,222.44

G/L Account Project Amount100.40.4033-53150 (General Fund.Public Works.Fleet Maintenance-Fuel) 3,222.44

Invoice Items 1CL53712-A FUEL FOR CITY VEHICLES

05/21/21/-05/31/21 COVID-19Paid by EFT #8418 05/31/2021 07/08/2021 06/30/2021 07/06/2021 07/08/2021 183.60

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberFuel - FUEL FOR CITY VEHICLES 05/21/21/-05/31/21 COVID-19

1.0000 Each 183.6000 183.60

G/L Account Project Amount100.80.8000-52200 (General Fund.Parks And Recreation.Parks & Rec Administration-Departmental Supplies)

NonCIP.6616001 (Non Capital Improvement Project, COVID CDBG-ESMP)

183.60

Invoice Items 1CL53712-B FUEL FOR CITY VEHICLES WATER

DIVISION 05/21/21-05/31/21Paid by EFT #8418 05/31/2021 07/08/2021 06/30/2021 07/06/2021 07/08/2021 851.50

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberFuel - FUEL FOR CITY VEHICLES WATER DIVISION 05/21/21-05/31/21

1.0000 Each 851.5000 851.50

G/L Account Project Amount550.40.4920-53150 (Water Authority.Public Works.Water Utility-Operations&Resources-Fuel)

851.50

Invoice Items 1

Vendor 345 - Cosby Oil Company Totals Invoices 3 $4,257.54Vendor 770 - County of Los Angeles Dept of Public Works












Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountRE-PW21061406779 TS MAINTENANCE THROUGH

MAY 2021Paid by Check #287672 06/14/2021 06/30/2021 06/30/2021 06/30/2021 07/08/2021 136.01

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000234 Street Lights/Signals - Monitoring City traffic

signals through KITS-City Req. No.2684751.0000 Each 136.0100 136.01


136.01

Invoice Items 1

Vendor 770 - County of Los Angeles Dept of Public Works Totals Invoices 1 $136.01Vendor 600 - Fidelity Security Life Insurance/EyeMed164853931 VISION SERVICES FOR JULY 2021 Paid by Check #287673 07/08/2021 07/08/2021 07/08/2021 07/08/2021 07/08/2021 2,967.53

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 06/10/2021 Benefit EyeMed Vision Care

1.0000 Each 1,428.9600 1,428.96

G/L Account Project Amount100-20808 (General Fund-Benefits Deduction) 1,050.89207-20808 (Measure R-Benefits Deduction) 8.42590-20808 (Sports Arena Complex-Benefits Deduction) 1.51205-20808 (Proposition A-Benefits Deduction) 9.74699-20808 (Miscellaneous State Grant-Benefits Deduction) .74851-20808 (Successor - Debt Service-Benefits Deduction) .68206-20808 (Proposition C-Benefits Deduction) 13.05550-20808 (Water Authority-Benefits Deduction) 193.24280-20808 (CDBG-Benefits Deduction) .48291-20808 (Housing - Section 8-Benefits Deduction) 55.44570-20808 (Golf Course-Benefits Deduction) .34690-20808 (Reach Grants-Benefits Deduction) 11.15560-20808 (PRIME - CCA-Benefits Deduction) 23.43210-20808 (Transportation Dev Acccount-Benefits Deduction) 1.97305-20808 (2018 Series A Cert of Part-Benefits Deduction) 2.34208-20808 (Measure M-Benefits Deduction) 3.08230-20808 (Lighting Assessment District-Benefits Deduction) 45.56202-20808 (SB1- Traffic Congestion Relief-Benefits Deduction) 6.90

Payroll - 06/24/2021 Benefit EyeMed Vision Care

1.0000 Each 1,409.1200 1,409.12

G/L Account Project Amount100-20808 (General Fund-Benefits Deduction) 1,014.62207-20808 (Measure R-Benefits Deduction) 13.25590-20808 (Sports Arena Complex-Benefits Deduction) 1.51205-20808 (Proposition A-Benefits Deduction) 20.91699-20808 (Miscellaneous State Grant-Benefits Deduction) .99








Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount164853931 VISION SERVICES FOR JULY 2021 Paid by Check #287673 07/08/2021 07/08/2021 07/08/2021 07/08/2021 07/08/2021 2,967.53

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number851-20808 (Successor - Debt Service-Benefits Deduction) .68206-20808 (Proposition C-Benefits Deduction) 13.22550-20808 (Water Authority-Benefits Deduction) 193.78280-20808 (CDBG-Benefits Deduction) .64291-20808 (Housing - Section 8-Benefits Deduction) 55.44570-20808 (Golf Course-Benefits Deduction) .34690-20808 (Reach Grants-Benefits Deduction) 12.01560-20808 (PRIME - CCA-Benefits Deduction) 23.43210-20808 (Transportation Dev Acccount-Benefits Deduction) .73305-20808 (2018 Series A Cert of Part-Benefits Deduction) .19208-20808 (Measure M-Benefits Deduction) 2.95230-20808 (Lighting Assessment District-Benefits Deduction) 45.84202-20808 (SB1- Traffic Congestion Relief-Benefits Deduction) 8.59

Payroll - Rounding/Cobra/Adjusment-H.Maynard

1.0000 Each 129.4500 129.45

G/L Account Project Amount100.90.9000-51900 (General Fund.Non-Departmental.City Wide Non-Departmental-Group Health & Life Ins)

149.29

100.20.2010-51900 (General Fund.Finance.Accounting-Group Health & Life Ins)

(19.84)

Invoice Items 3

Vendor 600 - Fidelity Security Life Insurance/EyeMed Totals Invoices 1 $2,967.53Vendor 625 - Franchise Tax Board070821 EMPLOYEE DEDUCTION FOR P/E

07/02/21Paid by Check #287674 07/08/2021 07/08/2021 07/08/2021 07/08/2021 07/08/2021 486.74

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - GARNISHMENT-JM 1.0000 Each 436.7400 436.74

G/L Account Project Amount100-20816 (General Fund-F/T Garnishment Liability) 436.74

Payroll - GARNISHMENT-KWB 1.0000 Each 50.0000 50.00G/L Account Project Amount100-20816 (General Fund-F/T Garnishment Liability) 35.00550-20816 (Water Authority-F/T Garnishment Liability) 15.00

Invoice Items 2

Vendor 625 - Franchise Tax Board Totals Invoices 1 $486.74Vendor 774 - Home Depot








Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount625680871 CITH HALL JANITORIAL

SUPPLIESPaid by EFT #8419 06/29/2021 06/30/2021 06/30/2021 06/30/2021 07/08/2021 66.02

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000163 Building & Grounds Maintenance - Cleaning

supplies and materials for various City facilities.

1.0000 Each 66.0200 66.02

G/L Account Project Amount100.40.4031-53400 (General Fund.Public Works.Facilities Maintenance-Building & Grounds Maintenance)

66.02

Invoice Items 1

Vendor 774 - Home Depot Totals Invoices 1 $66.02Vendor 1928 - Insight Public Sector, Inc.1100842856 REACH IPADS Paid by Check #287675 06/10/2021 06/30/2021 06/30/2021 07/01/2021 07/08/2021 43,066.75

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000367 Departmental Expenses - Reach 20-21 Apple

iPads 8 Generation 1.0000 Each 34,401.0000 34,401.00

G/L Account Project Amount690.80.8105-54100 (REACH Grants.Parks And Recreation.REACH-Special Departmental Expenses)

34,401.00

2021-00000367 Departmental Expenses - Reach 20-21 Otterbox Defender Case

1.0000 Each 4,299.0000 4,299.00


4,299.00

2021-00000367 Freight - Freight 1.0000 Each 400.0000 400.00G/L Account Project Amount690.80.8105-54100 (REACH Grants.Parks And Recreation.REACH-Special Departmental Expenses)

400.00

2021-00000367 Sales Tax - Sales Tax 1.0000 Each 3,966.7500 3,966.75G/L Account Project Amount690.80.8105-54100 (REACH Grants.Parks And Recreation.REACH-Special Departmental Expenses)

3,966.75

Invoice Items 4

Vendor 1928 - Insight Public Sector, Inc. Totals Invoices 1 $43,066.75Vendor 1876 - International E-Z UP, Inc.








Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountAAAQ407065 SPECIAL EVENTS CANOPY

REPLACEMENTPaid by Check #287676 06/30/2021 06/30/2021 06/30/2021 07/01/2021 07/08/2021 379.77

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberOffice Supplies - SPECIAL EVENTS CANOPY REPLACEMENT

1.0000 Each 347.4800 347.48

G/L Account Project Amount100.80.8102-52205 (General Fund.Parks And Recreation.Special Events-Office Supplies)

347.48

Sales Tax - SPECIAL EVENTS CANOPY REPLACEMENT

1.0000 Each 32.2900 32.29

G/L Account Project Amount100.80.8102-52205 (General Fund.Parks And Recreation.Special Events-Office Supplies)

32.29

Invoice Items 2

Vendor 1876 - International E-Z UP, Inc. Totals Invoices 1 $379.77Vendor 134 - Jas Pacific, Inc.BI13951 BUILDING OFFICIAL &

INSPECTOR SERVICES 5/1/21-5/31/21

Paid by Check #287677 06/07/2021 06/30/2021 06/30/2021 07/07/2021 07/08/2021 840.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2020-00000395 Contracted Services - Building & Safety

Services & Plan Check. Agreement #20-19321.0000 Each 840.0000 840.00

G/L Account Project Amount100.30.4020-54500 (General Fund.Community & Economic Development.Building-Contracted Services)

840.00

Invoice Items 1PC5976 BUILDING AND SAFETY

SERVICES, PLAN CHECK 5/1/21-5/31/21

Paid by Check #287677 06/07/2021 06/30/2021 06/30/2021 07/07/2021 07/08/2021 3,137.52

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2020-00000395 Contracted Services - Building & Safety

Services & Plan Check. Agreement #20-19321.0000 Each 3,137.5200 3,137.52

G/L Account Project Amount100.30.4020-54500 (General Fund.Community & Economic Development.Building-Contracted Services)

3,137.52

Invoice Items 1

Vendor 134 - Jas Pacific, Inc. Totals Invoices 2 $3,977.52Vendor 122 - John L Hunter & Associates Inc.










Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountPR1MS412105 NPDES REPORTING AND

INSPECTION SERVICES 5/1/21-5/31/21

Paid by EFT #8420 06/24/2021 06/30/2021 06/30/2021 06/30/2021 07/08/2021 11,620.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000177 Contracted Services - Agr. No. 19-1905,

NPDES reporting and inspection services1.0000 Each 11,620.0000 11,620.00

G/L Account Project Amount209.40.4010-54500 (Measure W.Public Works.Engineering-Contracted Services)

11,620.00

Invoice Items 1

Vendor 122 - John L Hunter & Associates Inc. Totals Invoices 1 $11,620.00Vendor 754 - L.A. County Metropolitan Trans Authority (TAP)6014230 METRO 30 DAY SENIOR PASS Paid by Check #287678 04/30/2021 06/30/2021 06/30/2021 07/01/2021 07/08/2021 40.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberContracted Services - METRO 30 DAY SENIOR PASS

1.0000 Each 40.0000 40.00

G/L Account Project Amount205.80.8410-54500 (Proposition A.Parks And Recreation.Proposition A-Contracted Services)

NonCIP.9127 (Non Capital Improvement Project, MTA #110-04 and MTA #250-06 Bus Pass Buydown)

40.00

Invoice Items 1

Vendor 754 - L.A. County Metropolitan Trans Authority (TAP) Totals Invoices 1 $40.00Vendor 554 - League of California Cities3969 LOS ANGELES COUNTY DIVISION

DUES FOR 7/1/21-6/30/22Paid by Check #287679 06/08/2021 07/08/2021 07/08/2021 06/30/2021 07/08/2021 1,281.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberMembership & Dues - LOS ANGELES COUNTY DIVISION DUES FOR 7/1/21-6/30/22

1.0000 Each 1,281.0000 1,281.00

G/L Account Project Amount100.90.9000-52600 (General Fund.Non-Departmental.City Wide Non-Departmental-Membership & Dues)

1,281.00

Invoice Items 1

Vendor 554 - League of California Cities Totals Invoices 1 $1,281.00Vendor 2057 - SAVANNAH MOLINA144132 PRIVATE VOICE LESSONS

5/29/21 TO 6/19/21Paid by Check #287680 06/30/2021 06/30/2021 06/30/2021 07/01/2021 07/08/2021 70.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberContract instructor - PRIVATE VOICE LESSONS 5/29/21 TO 6/19/21

1.0000 Each 70.0000 70.00

G/L Account Project Amount












Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount144132 PRIVATE VOICE LESSONS

5/29/21 TO 6/19/21Paid by Check #287680 06/30/2021 06/30/2021 06/30/2021 07/01/2021 07/08/2021 70.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number100.80.8107-54510 (General Fund.Parks And Recreation.Contract Instructors-Contract Instructors)

70.00

Invoice Items 1

Vendor 2057 - SAVANNAH MOLINA Totals Invoices 1 $70.00Vendor 757 - National Recreation and Park Associatioin270229-21 NRPA MEMBERSHIP Paid by Check #287681 06/30/2021 06/30/2021 06/30/2021 07/01/2021 07/08/2021 875.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberMembership & Dues - NRPA MEMBERSHIP 1.0000 Each 875.0000 875.00

G/L Account Project Amount100.80.8000-52600 (General Fund.Parks And Recreation.Parks & Rec Administration-Membership & Dues)

875.00

Invoice Items 1

Vendor 757 - National Recreation and Park Associatioin Totals Invoices 1 $875.00Vendor 1398 - Nationwide Retirement Solutions070821 EMPLOYEE/EMPLOYER

CONTRIBUTIONS FOR P/E 07/02/21 (457/401A)

Paid by EFT #8421 07/08/2021 07/08/2021 07/08/2021 07/08/2021 07/08/2021 39,162.02

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/08/2021 Benefit CEA 457 Match 1.0000 Each 30.0000 30.00

G/L Account Project Amount550-20823 (Water Authority-Def. Comp Liability) 3.00100-20823 (General Fund-Def. Comp Liability) 27.00

Payroll - 07/08/2021 Benefit Nationwide PT-401a

1.0000 Each 3,297.7000 3,297.70

G/L Account Project Amount100-20821 (General Fund-PT Retirement Liability) 2,980.14550-20821 (Water Authority-PT Retirement Liability) 46.31690-20821 (Reach Grants-PT Retirement Liability) 136.65697-20821 (Miscellaneous Local Grant-PT Retirement Liability) 117.95202-20821 (SB1- Traffic Congestion Relief-PT Retirement Liability) 16.65

Payroll - 07/08/2021 Benefit SEIU 457 Match 1.0000 Each 175.0000 175.00G/L Account Project Amount550-20823 (Water Authority-Def. Comp Liability) 48.58100-20823 (General Fund-Def. Comp Liability) 118.19230-20823 (Lighting Assessment District-Def. Comp Liability) 8.23










Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount070821 EMPLOYEE/EMPLOYER


Paid by EFT #8421 07/08/2021 07/08/2021 07/08/2021 07/08/2021 07/08/2021 39,162.02

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/08/2021 Deduction Nationwide 457 50+

1.0000 Each 1,062.0400 1,062.04

G/L Account Project Amount550-20823 (Water Authority-Def. Comp Liability) 284.26206-20823 (Proposition C-Def. Comp Liability) 25.46699-20823 (Miscellaneous State Grant-Def. Comp Liability) 2.30100-20823 (General Fund-Def. Comp Liability) 562.63202-20823 (SB1- Traffic Congestion Relief-Def. Comp Liability) 187.39

Payroll - 07/08/2021 Deduction Nationwide 457 Plan

1.0000 Each 31,299.5800 31,299.58

G/L Account Project Amount550-20823 (Water Authority-Def. Comp Liability) 3,266.42206-20823 (Proposition C-Def. Comp Liability) 305.19851-20823 (Successor - Debt Service-Def. Comp Liability) 49.66205-20823 (Proposition A-Def. Comp Liability) 154.15207-20823 (Measure R-Def. Comp Liability) 115.52699-20823 (Miscellaneous State Grant-Def. Comp Liability) 6.74590-20823 (Sports Arena Complex-Def. Comp Liability) 175.00100-20823 (General Fund-Def. Comp Liability) 24,970.16291-20823 (Housing - Section 8-Def. Comp Liability) 722.74570-20823 (Golf Course-Def. Comp Liability) 24.83690-20823 (Reach Grants-Def. Comp Liability) 84.45560-20823 (PRIME - CCA-Def. Comp Liability) 449.97210-20823 (Transportation Dev Acccount-Def. Comp Liability) 15.31305-20823 (2018 Series A Cert of Part-Def. Comp Liability) 1.75208-20823 (Measure M-Def. Comp Liability) 53.75230-20823 (Lighting Assessment District-Def. Comp Liability) 301.27202-20823 (SB1- Traffic Congestion Relief-Def. Comp Liability) 602.67

Payroll - 07/08/2021 Deduction Nationwide PT-401a

1.0000 Each 3,297.7000 3,297.70


Invoice Items 6

Vendor 1398 - Nationwide Retirement Solutions Totals Invoices 1 $39,162.02






Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountVendor 1489 - Nationwide RS070821 PEHP BENEFIT/DEDUCTION FOR

P/E 07/02/21Paid by EFT #8422 07/08/2021 07/08/2021 07/08/2021 07/08/2021 07/08/2021 794.52

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/08/2021 Benefit PEHP 1.0000 Each 397.2600 397.26

G/L Account Project Amount100-20824 (General Fund-Post Employment Health Plan Liability) 320.18206-20824 (Proposition C-Post Employment Health Plan Liability) 4.74550-20824 (Water Authority-Post Employment Health Plan Liability) 47.80560-20824 (PRIME - CCA-Post Employment Health Plan Liability) 3.45207-20824 (Measure R-Post Employment Health Plan Liability) 4.74208-20824 (Measure M-Post Employment Health Plan Liability) 2.37590-20824 (Sports Arena Complex-Post Employment Health Plan Liability)

9.23

202-20824 (SB1- Traffic Congestion Relief-Post Employment Health Plan Liability)

4.75

Payroll - 07/08/2021 Deduction PEHP Pre-Tax 1.0000 Each 397.2600 397.26G/L Account Project Amount100-20824 (General Fund-Post Employment Health Plan Liability) 320.17206-20824 (Proposition C-Post Employment Health Plan Liability) 4.74550-20824 (Water Authority-Post Employment Health Plan Liability) 47.80560-20824 (PRIME - CCA-Post Employment Health Plan Liability) 3.45207-20824 (Measure R-Post Employment Health Plan Liability) 4.74208-20824 (Measure M-Post Employment Health Plan Liability) 2.37590-20824 (Sports Arena Complex-Post Employment Health Plan Liability)

9.23

202-20824 (SB1- Traffic Congestion Relief-Post Employment Health Plan Liability)

4.76

Invoice Items 2

Vendor 1489 - Nationwide RS Totals Invoices 1 $794.52Vendor 617 - NUFIC070121 SUPPLEMENTAL LIFE INSURANCE

FOR JULY 2021Paid by Check #287682 07/08/2021 07/08/2021 07/08/2021 07/08/2021 07/08/2021 267.33

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 06/10/2021 Deduction NUFIC- AD&D 1.0000 Each 133.7000 133.70

G/L Account Project Amount100-20807 (General Fund-Employee Paid Life Ins Liab) 95.07207-20807 (Measure R-Employee Paid Life Ins Liab) .27590-20807 (Sports Arena Complex-Employee Paid Life Ins Liab) .68206-20807 (Proposition C-Employee Paid Life Ins Liab) 4.19550-20807 (Water Authority-Employee Paid Life Ins Liab) 21.13280-20807 (CDBG-Employee Paid Life Ins Liab) .42








Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount070121 SUPPLEMENTAL LIFE INSURANCE

FOR JULY 2021Paid by Check #287682 07/08/2021 07/08/2021 07/08/2021 07/08/2021 07/08/2021 267.33

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number291-20807 (Housing - Section 8-Employee Paid Life Ins Liab) .85560-20807 (PRIME - CCA-Employee Paid Life Ins Liab) .85210-20807 (Transportation Dev Acccount-Employee Paid Life Ins Liab) .06305-20807 (2018 Series A Cert of Part-Employee Paid Life Ins Liab) 1.96208-20807 (Measure M-Employee Paid Life Ins Liab) .06230-20807 (Lighting Assessment District-Employee Paid Life Ins Liab) 3.39202-20807 (SB1- Traffic Congestion Relief-Employee Paid Life Ins Liab) 4.77

Payroll - 06/24/2021 Deduction NUFIC- AD&D 1.0000 Each 133.7000 133.70G/L Account Project Amount100-20807 (General Fund-Employee Paid Life Ins Liab) 95.50207-20807 (Measure R-Employee Paid Life Ins Liab) .11590-20807 (Sports Arena Complex-Employee Paid Life Ins Liab) .68206-20807 (Proposition C-Employee Paid Life Ins Liab) 2.60550-20807 (Water Authority-Employee Paid Life Ins Liab) 22.07280-20807 (CDBG-Employee Paid Life Ins Liab) .56291-20807 (Housing - Section 8-Employee Paid Life Ins Liab) .85560-20807 (PRIME - CCA-Employee Paid Life Ins Liab) .85210-20807 (Transportation Dev Acccount-Employee Paid Life Ins Liab) .05208-20807 (Measure M-Employee Paid Life Ins Liab) .03230-20807 (Lighting Assessment District-Employee Paid Life Ins Liab) 3.46202-20807 (SB1- Traffic Congestion Relief-Employee Paid Life Ins Liab) 6.94

Payroll - Rounding 1.0000 Each (.0700) (.07)G/L Account Project Amount100-20807 (General Fund-Employee Paid Life Ins Liab) (.07)

Invoice Items 3

Vendor 617 - NUFIC Totals Invoices 1 $267.33Vendor 965 - PETTY CASH2021PETCASRE0621 REPLENISH PETTY CASH JUNE

2021Paid by Check #287683 06/07/2021 06/30/2021 06/30/2021 07/07/2021 07/08/2021 122.63

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberReplenish Petty Cash - GAS PUMPED ON CITY VEHICLE

1.0000 Each 25.0000 25.00

G/L Account Project Amount100.30.3000-53200 (General Fund.Community & Economic Development.Comm Econ Dev Administration-Mileage Reimbursement)

25.00








Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount2021PETCASRE0621 REPLENISH PETTY CASH JUNE

2021Paid by Check #287683 06/07/2021 06/30/2021 06/30/2021 07/07/2021 07/08/2021 122.63

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberReplenish Petty Cash - ICE CHEST AND DRINKS FOR MEMORIAL DAY EVENT

1.0000 Each 31.3600 31.36

G/L Account Project Amount100.80.8102-52200 (General Fund.Parks And Recreation.Special Events-Departmental Supplies)

NonCIP.1939 (Non Capital Improvement Project, Memorial Day Ceremony)

31.36

Replenish Petty Cash - SNACKS FOR CITY COUNCIL MEETING 5/25/21

1.0000 Each 6.2400 6.24

G/L Account Project Amount100.10.1000-52200 (General Fund.City Council.City Council Administration-Departmental Supplies)

6.24

Replenish Petty Cash - SNACKS FOR CITY COUNCIL MEETING 6/8 & 6/22/21

1.0000 Each 24.1100 24.11

G/L Account Project Amount100.10.1000-52200 (General Fund.City Council.City Council Administration-Departmental Supplies)

24.11

Replenish Petty Cash - SUPPLY ITEM FOR SUMMER CAMP STAFF TRAINING

1.0000 Each 17.9500 17.95

G/L Account Project Amount100.80.8235-52200 (General Fund.Parks And Recreation.Business and Family Engagement-Departmental Supplies)

17.95

Replenish Petty Cash - SUPPLY ITEMS FOR COOKING W/ADRIANA YOUTUBE VIDEO

1.0000 Each 17.9700 17.97

G/L Account Project Amount100.80.8235-52200 (General Fund.Parks And Recreation.Business and Family Engagement-Departmental Supplies)

17.97

Invoice Items 6

Vendor 965 - PETTY CASH Totals Invoices 1 $122.63Vendor 520 - PRMPCEA070821 UNION DUES FOR P/E 07/02/21 Paid by EFT #8423 07/08/2021 07/08/2021 07/08/2021 07/08/2021 07/08/2021 546.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/08/2021 Deduction PRMPCEA-Mid Mgr

1.0000 Each 338.0000 338.00

G/L Account Project Amount550-20812 (Water Authority-Union Dues Liab) 14.30100-20812 (General Fund-Union Dues Liab) 284.98291-20812 (Housing - Section 8-Union Dues Liab) 13.00690-20812 (Reach Grants-Union Dues Liab) 12.72560-20812 (PRIME - CCA-Union Dues Liab) 13.00








Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount070821 UNION DUES FOR P/E 07/02/21 Paid by EFT #8423 07/08/2021 07/08/2021 07/08/2021 07/08/2021 07/08/2021 546.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/08/2021 Deduction PRMPCEA-Prof & Conf

1.0000 Each 208.0000 208.00

G/L Account Project Amount550-20812 (Water Authority-Union Dues Liab) 27.43206-20812 (Proposition C-Union Dues Liab) 4.94205-20812 (Proposition A-Union Dues Liab) 13.00207-20812 (Measure R-Union Dues Liab) 1.96100-20812 (General Fund-Union Dues Liab) 143.71560-20812 (PRIME - CCA-Union Dues Liab) 13.00210-20812 (Transportation Dev Acccount-Union Dues Liab) .27208-20812 (Measure M-Union Dues Liab) 2.58202-20812 (SB1- Traffic Congestion Relief-Union Dues Liab) 1.11

Invoice Items 2

Vendor 520 - PRMPCEA Totals Invoices 1 $546.00Vendor 78 - R-Doors, Inc67021 DOOR REPAIR MEN'S RESTROOM

PARK & RECPaid by EFT #8424 06/28/2021 06/30/2021 06/30/2021 06/29/2021 07/08/2021 4,400.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000096 Departmental Expenses - Door repairs for City

Hall and other City facilities1.0000 Each 4,400.0000 4,400.00

G/L Account Project Amount100.40.4031-54100 (General Fund.Public Works.Facilities Maintenance-Special Departmental Expenses)

4,400.00

Invoice Items 1

Vendor 78 - R-Doors, Inc Totals Invoices 1 $4,400.00Vendor 143 - Riviera Finance, Assignee for: Pacific Catering802053-802112 VENDED MEALS SFSP WEEK OF

6/21/21-6/25/21Paid by Check #287684 06/21/2021 06/30/2021 06/30/2021 06/30/2021 07/08/2021 16,916.88

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000440 Contracted Services - FY 20-21 Contracted

Service- Youth food meals1.0000 Each 16,916.8800 16,916.88

G/L Account Project Amount100.80.8116-54500 (General Fund.Parks And Recreation.Summer Lunch Program-Contracted Services)

NonCIP.1938 (Non Capital Improvement Project, Summer Food Prog)

16,916.88

Invoice Items 1

Vendor 143 - Riviera Finance, Assignee for: Pacific Catering Totals Invoices 1 $16,916.88Vendor 1924 - School Nutrition Plus










Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount4087 PR LUNCH COVID-19

EMERGENCY SENIOR MEALS, 6/30/21

Paid by Check #287685 06/30/2021 06/30/2021 06/30/2021 07/06/2021 07/08/2021 2,892.50

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000174 Contracted Services - change order-ESMP

vended meals1.0000 Each 2,892.5000 2,892.50

G/L Account Project Amount280.80.8220-54500 (CDBG.Parks And Recreation.Senior Services-Contracted Services)


2,892.50

Invoice Items 1

Vendor 1924 - School Nutrition Plus Totals Invoices 1 $2,892.50Vendor 551 - Security Signal DevicesR-00277707 MONITORING OF ALARM SYSTEM

CITY WATER FACITLIES 5/1/21-6/30/21

Paid by EFT #8425 04/08/2021 06/30/2021 06/30/2021 06/30/2021 07/08/2021 2,548.23

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000055 Contracted Services - Alarm monitoring for City

water facilities1.0000 Each 2,548.2300 2,548.23


2,548.23

Invoice Items 1R-00277707A MONITORING OF ALARM SYSTEM

FOR CITY WATER FACILITIES 7/1-7/31/21

Paid by EFT #8425 04/08/2021 07/08/2021 07/08/2021 06/30/2021 07/08/2021 1,295.25

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000055 Contracted Services - Alarm monitoring for City

water facilities1.0000 Each 1,295.2500 1,295.25


1,295.25

Invoice Items 1

Vendor 551 - Security Signal Devices Totals Invoices 2 $3,843.48Vendor 266 - SEIU Local 721070821 UNION DUES FOR P/E 07/02/21 Paid by EFT #8426 07/08/2021 07/08/2021 07/08/2021 07/08/2021 07/08/2021 1,731.59

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/08/2021 Deduction SEIU P&R-Hourly Dues

1.0000 Each 256.5400 256.54

G/L Account Project Amount100-20812 (General Fund-Union Dues Liab) 238.28690-20812 (Reach Grants-Union Dues Liab) 9.76697-20812 (Miscellaneous Local Grant-Union Dues Liab) 8.50












Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount070821 UNION DUES FOR P/E 07/02/21 Paid by EFT #8426 07/08/2021 07/08/2021 07/08/2021 07/08/2021 07/08/2021 1,731.59

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/08/2021 Deduction SEIU-Directors 1.0000 Each 82.8200 82.82

G/L Account Project Amount550-20812 (Water Authority-Union Dues Liab) 4.15100-20812 (General Fund-Union Dues Liab) 78.67

Payroll - 07/08/2021 Deduction SEIU-FT Rank & File

1.0000 Each 1,356.7500 1,356.75

G/L Account Project Amount550-20812 (Water Authority-Union Dues Liab) 291.27206-20812 (Proposition C-Union Dues Liab) 4.62205-20812 (Proposition A-Union Dues Liab) 21.08207-20812 (Measure R-Union Dues Liab) 10.02100-20812 (General Fund-Union Dues Liab) 880.91291-20812 (Housing - Section 8-Union Dues Liab) 60.75560-20812 (PRIME - CCA-Union Dues Liab) 20.25210-20812 (Transportation Dev Acccount-Union Dues Liab) .19305-20812 (2018 Series A Cert of Part-Union Dues Liab) .18208-20812 (Measure M-Union Dues Liab) .63230-20812 (Lighting Assessment District-Union Dues Liab) 66.85

Payroll - 07/08/2021 Deduction SEIU-Hourly Rep

1.0000 Each 35.4800 35.48

G/L Account Project Amount100-20812 (General Fund-Union Dues Liab) 35.48

Invoice Items 4

Vendor 266 - SEIU Local 721 Totals Invoices 1 $1,731.59Vendor 692 - SEIU Local 721-COPE070821 COPE FEES FOR P/E 07/02/21 Paid by Check #287686 07/08/2021 07/08/2021 07/08/2021 07/08/2021 07/08/2021 78.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/08/2021 Deduction SEIU-COPE 1.0000 Each 78.0000 78.00

G/L Account Project Amount100-20826 (General Fund-Seiu P.A.C. Contributions) 68.38550-20826 (Water Authority-Seiu P.A.C. Contributions) 6.06690-20826 (Reach Grants-Seiu P.A.C. Contributions) 1.00230-20826 (Lighting Assessment District-Seiu P.A.C. Contributions) 2.56

Invoice Items 1

Vendor 692 - SEIU Local 721-COPE Totals Invoices 1 $78.00Vendor 1999 - Shoeteria, Inc.








Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount0021289-IN SAFETY SHOES FOR GEORGE

RIVERAPaid by EFT #8427 06/25/2021 06/30/2021 06/30/2021 07/06/2021 07/08/2021 200.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberUniforms - SAFETY SHOES FOR GEORGE RIVERA

1.0000 Each 200.0000 200.00

G/L Account Project Amount100.30.3030-52250 (General Fund.Community & Economic Development.Neighborhood Services-Uniforms)

200.00

Invoice Items 1

Vendor 1999 - Shoeteria, Inc. Totals Invoices 1 $200.00Vendor 1511 - United Way Of Greater Los Angeles070821 EMPLOYEE DEDUCTION FOR P/E

07/02/21Paid by EFT #8428 07/08/2021 07/08/2021 07/08/2021 07/08/2021 07/08/2021 20.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/08/2021 Deduction United Way Donations

1.0000 Each 20.0000 20.00

G/L Account Project Amount100-20813 (General Fund-Voluntary Employee Donations) 20.00

Invoice Items 1

Vendor 1511 - United Way Of Greater Los Angeles Totals Invoices 1 $20.00Vendor 695 - Vulcan Materials Co.72988346 ASPHALT FOR STREET DIVISION Paid by EFT #8429 06/25/2021 06/30/2021 06/30/2021 06/30/2021 07/08/2021 88.68

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberAsphalt Maintenance - ASPHALT FOR STREET DIVISION

1.0000 Each 88.6800 88.68

G/L Account Project Amount100.40.4030-54605 (General Fund.Public Works.Street Maintenance-Asphalt Maintenance)

88.68

Invoice Items 172988347 ASPHALT FOR STREET DIVISION Paid by EFT #8429 06/25/2021 06/30/2021 06/30/2021 06/30/2021 07/08/2021 87.33


1.0000 Each 87.3300 87.33


87.33

Invoice Items 1

Vendor 695 - Vulcan Materials Co. Totals Invoices 2 $176.01Vendor 175 - Western Dental Services, Inc.












Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount070121 DENTAL SERVICES (DHMO) FOR

JULY 2021Paid by Check #287687 07/08/2021 07/08/2021 07/08/2021 07/08/2021 07/08/2021 353.54

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 06/10/2021 Benefit Western Dental Services

1.0000 Each 169.6700 169.67

G/L Account Project Amount100-20808 (General Fund-Benefits Deduction) 148.41550-20808 (Water Authority-Benefits Deduction) 4.00230-20808 (Lighting Assessment District-Benefits Deduction) 17.26

Payroll - 06/24/2021 Benefit Western Dental Services

1.0000 Each 169.6700 169.67

G/L Account Project Amount100-20808 (General Fund-Benefits Deduction) 147.93550-20808 (Water Authority-Benefits Deduction) 4.00230-20808 (Lighting Assessment District-Benefits Deduction) 17.74

Payroll - Rounding/Cobra-R.Enriquez 1.0000 Each 14.2000 14.20G/L Account Project Amount100.90.9000-51900 (General Fund.Non-Departmental.City Wide Non-Departmental-Group Health & Life Ins)

14.20

Invoice Items 3

Vendor 175 - Western Dental Services, Inc. Totals Invoices 1 $353.54Vendor 354 - Willdan Engineering00334705 PROF SVCS THRU 5/28/21,

INTERSECTIONS ON BEVERLY BLVD

Paid by EFT #8430 06/07/2021 06/30/2021 06/30/2021 07/06/2021 07/08/2021 48.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2017-00000559 Contracted Services - Change Order-Award

package & Federal inv for HSIP Cycle 7 funds1.0000 Each 48.0000 48.00

G/L Account Project Amount206.70.7300-54500 (Proposition C.Capital Improvement Projects.Capital Improvement Projects-Contracted Services)

CIP.S21348 (Capital Improvement Program, HISP Cycle 7 - Traffic Signal Upgrades)

48.00

Invoice Items 100334706 PROF SVCS THRU 5/28/21,

TELEGRAPH RD BRIDGE PROGRESS INVOICING

Paid by EFT #8430 06/07/2021 06/30/2021 06/30/2021 07/06/2021 07/08/2021 206.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2017-00000558 Contracted Services - Additional Reporting

Services for CIP Project No. 212841.0000 Each 206.0000 206.00











Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount00334706 PROF SVCS THRU 5/28/21,

TELEGRAPH RD BRIDGE PROGRESS INVOICING

Paid by EFT #8430 06/07/2021 06/30/2021 06/30/2021 07/06/2021 07/08/2021 206.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number206.70.7300-54500 (Proposition C.Capital Improvement Projects.Capital Improvement Projects-Contracted Services)

CIP.S21284 (Capital Improvement Program, Rehabilitation Telegraph Rd Bridge Over San Gabriel River)

206.00

Invoice Items 100334707 PROF SVCS THRU 5/28/21, HSIP

CYCLE 8 E-76 PE & FRPaid by EFT #8430 06/07/2021 06/30/2021 06/30/2021 06/30/2021 07/08/2021 721.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2018-00000147 Contracted Services - Chg Order add'l Incr PO

Prof Serv for HSIP Cycle 81.0000 Each 721.0000 721.00


CIP.S21353 (Capital Improvement Program, HSIP Cycle 8 - Traffic Signal Upgrades)

721.00


PLAYGROUND LABOR COMPPaid by EFT #8430 06/18/2021 06/30/2021 06/30/2021 07/01/2021 07/08/2021 770.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000288 Contracted Services - Labor compliance

services1.0000 Each 770.0000 770.00

G/L Account Project Amount699.70.7300-54500 (Miscellaneous State Grant.Capital Improvement Projects.Capital Improvement Projects-Contracted Services)

CIP.50031 (Capital Improvement Program, VLA Park Playground Renovation)

770.00

Invoice Items 100334708 PROF SVCS THRU 5/28/21, MISC

ENGINEERING SERVICES FY 20/21

Paid by EFT #8430 06/07/2021 06/30/2021 06/30/2021 07/06/2021 07/08/2021 309.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000203 Contracted Services - On-Call Miscellaneous

Engineering FY 2020-20211.0000 Each 309.0000 309.00

G/L Account Project Amount207.40.4010-54500 (Measure R.Public Works.Engineering-Contracted Services)

309.00

Invoice Items 1

Vendor 354 - Willdan Engineering Totals Invoices 5 $2,054.00Vendor HENRY MENDOZA












Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount1603232 REFUND: SUMMER DAY CAMP

2021 CAMP ALOTTAFUNPaid by Check #287688 07/01/2021 07/08/2021 07/08/2021 07/01/2021 07/08/2021 100.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberRefund/Rtn Overpayment - REFUND: SUMMER DAY CAMP 2021 CAMP ALOTTAFUN

1.0000 Each 100.0000 100.00

G/L Account Project Amount100.00.0000-46607 (General Fund.Non-Departmental Revenue.Non-Departmental Revenue-Parks and Rec - Camps)

100.00

Invoice Items 1

Vendor HENRY MENDOZA Totals Invoices 1 $100.00Vendor MIGUEL C SANCHEZ1603239 REFUND: OVER PAYMENT FOR

COMMUNITY GARDEN EVENTPaid by Check #287689 07/01/2021 07/08/2021 07/08/2021 07/01/2021 07/08/2021 15.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberRefund/Rtn Overpayment - REFUND: OVER PAYMENT FOR COMMUNITY GARDEN EVENT

1.0000 Each 15.0000 15.00

G/L Account Project Amount100.00.0000-46605 (General Fund.Non-Departmental Revenue.Non-Departmental Revenue-Parks and Rec - Community Garden)

15.00

Invoice Items 1

Vendor MIGUEL C SANCHEZ Totals Invoices 1 $15.00

Grand Totals Invoices 48 $176,032.24






PAYROLL REGISTER P/P 06/19/21 - 07/02/21

Pay Date: 07/08/21

VOID ACH CKS

-

VOID CKS

-

SPECIAL CKS

-

CKS101532 - 101533 2,247.49

2,247.49

ACH540060 - 540360 569,557.10

569,557.10

TOTAL 571,804.59

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Status Type Number Payment Date Source Payee AmountOpen Check 287746 07/22/2021 Utility Refund *KEYSTONE AUTOMOTIVE INDUSTRIES INC $9.59Open Check 287747 07/22/2021 Utility Refund *VESTAR CALIFORNIA XXVI LLC $38.09Open Check 287748 07/22/2021 Utility Refund JOSEPH ARZATE $73.81Open Check 287749 07/22/2021 Utility Refund ALVARO FERNANDEZ $66.97Open Check 287750 07/22/2021 Utility Refund KEYSTONE AUTOMOTIVE INDUSTRIES INC $24.89Open Check 287751 07/22/2021 Utility Refund EDUARDO LARES $64.91Open Check 287752 07/22/2021 Utility Refund JANETTE LOPEZ $7.38Open Check 287753 07/22/2021 Utility Refund JORGE MORALES $33.97Open Check 287754 07/22/2021 Utility Refund CARLOS RAMIREZ $41.20

GRAND TOTAL $360.81

CITY OF PICO RIVERA U/B REFUND CHECKS 07-22-2021

PAYROLL REGISTER P/P 07/03/21 - 07/16/21

Pay Date: 07/22/21

VOID ACH CKS

-

VOID CKS

-

SPECIAL CKS

-

CKS101534 - 101535 1,398.70

1,398.70

ACH540361 - 540671 381,583.67

381,583.67

TOTAL 382,982.37

AP Warrant Register 07-22-2021Payment Date Range 07/22/21 - 07/22/21


Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountVendor 698 - AAA Electrical Supply, Inc.312514-00 LIGHTING FOR SENIOR CENTER Paid by EFT #8479 05/26/2021 07/22/2021 06/30/2021 06/17/2021 07/22/2021 352.16

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberBuilding-Equipment Maint/Repair - LIGHTING FOR SENIOR CENTER

1.0000 Each 352.1600 352.16

G/L Account Project Amount100.40.4031-53410 (General Fund.Public Works.Facilities Maintenance-Electrical Maintenance)

352.16

Invoice Items 1312535-00 SMALL TOOL AND SUPPLIES

#262Paid by EFT #8479 05/26/2021 07/22/2021 06/30/2021 06/17/2021 07/22/2021 885.70

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberSmall Tools & Equipment - SMALL TOOL AND SUPPLIES #262

1.0000 Each 885.7000 885.70


885.70

Invoice Items 1

Vendor 698 - AAA Electrical Supply, Inc. Totals Invoices 2 $1,237.86Vendor 1772 - AECOM Technical Services, Inc2000512595 PROF SVCS 3/27/21-6/25/21,

BEVERLY BLVD INT IMPROVEMENTS

Paid by EFT #8480 07/01/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 431.25

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2019-00000571 Contracted Services - Chg Order to increase

approved per CC Action1.0000 Each 431.2500 431.25

G/L Account Project Amount207.70.7300-54500 (Measure R.Capital Improvement Projects.Capital Improvement Projects-Contracted Services)

CIP.S21276 (Capital Improvement Program, Rosemead/Beverly Rd Intersection Improvements)

431.25

Invoice Items 1

Vendor 1772 - AECOM Technical Services, Inc Totals Invoices 1 $431.25Vendor 2044 - AKM CONSULTING ENGINEERS INC0011151 PROFESSIONAL SERVICES FROM

5/31/21 - 6/25/21Paid by Check #287714 07/02/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 5,569.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000427 Contracted Services - onstr Mgmt & Inspection

Sev for Elect Panel Repl Plant 31.0000 Each 5,569.0000 5,569.00

G/L Account Project Amount550.70.7340-54500 (Water Authority.Capital Improvement Projects.Water Authority-Contracted Services)

CIP.50027 (Capital Improvement Program, Plant No. 3 Electrical Control and MCC Panel Replacement)

5,569.00

Invoice Items 1

Run by Georgina Maldonado on 07/22/2021 11:02:16 AM Page 1 of 34











Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountVendor 2044 - AKM CONSULTING ENGINEERS INC Totals Invoices 1 $5,569.00

Vendor 503 - American Heritage Life Insurance CoM0163615187 EMPLOYEE DEDUCTION FOR

JULY 2021Paid by Check #287715 07/22/2021 07/22/2021 07/22/2021 07/22/2021 07/22/2021 81.92

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/08/2021 Deduction American Heritage Life

1.0000 Each 40.9600 40.96

G/L Account Project Amount100-20807 (General Fund-Employee Paid Life Ins Liab) 38.05550-20807 (Water Authority-Employee Paid Life Ins Liab) .73230-20807 (Lighting Assessment District-Employee Paid Life Ins Liab) 2.18

Payroll - 07/22/2021 Deduction American Heritage Life

1.0000 Each 40.9600 40.96

G/L Account Project Amount100-20807 (General Fund-Employee Paid Life Ins Liab) 37.97550-20807 (Water Authority-Employee Paid Life Ins Liab) .75230-20807 (Lighting Assessment District-Employee Paid Life Ins Liab) 2.24

Invoice Items 2

Vendor 503 - American Heritage Life Insurance Co Totals Invoices 1 $81.92Vendor 2021 - AQUEOUS VET21-0710 PFAS TREATMENT, CIP 50042 Paid by Check #287716 06/17/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 688,759.06

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000377 Contracted Services - Dual Media Pressure

vessel systems for PFAS treatment Sys Proj1.0000 Each 688,759.0600 688,759.06


CIP.50042 (Capital Improvement Program, PFAS Treatment System Project)

688,759.06

Invoice Items 1

Vendor 2021 - AQUEOUS VET Totals Invoices 1 $688,759.06Vendor 694 - Aramark586000126980 UNIFORM RENTAL SERVICES Paid by EFT #8481 06/17/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 257.41

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000132 Contracted Services - Change Order- Uniform

Service 1.0000 Each 141.7400 141.74

G/L Account Project Amount100.40.4030-54500 (General Fund.Public Works.Street Maintenance-Contracted Services)

141.74










Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount586000126980 UNIFORM RENTAL SERVICES Paid by EFT #8481 06/17/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 257.41

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000132 Departmental Supplies - Change Order-

Uniform Service1.0000 Each 72.5400 72.54

G/L Account Project Amount100.40.4032-52200 (General Fund.Public Works.Park Maintenance-Departmental Supplies)

72.54

2021-00000132 Departmental Supplies - Change Order- Uniform Service

1.0000 Each 43.1300 43.13

G/L Account Project Amount100.40.4032-52200 (General Fund.Public Works.Park Maintenance-Departmental Supplies)

43.13

Invoice Items 3586000126980-A UNIFORM RENTAL SERVICES Paid by EFT #8481 06/17/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 64.35

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000110 Contracted Services - Vendor agreement for

uniform rental1.0000 Each 64.3500 64.35


64.35

Invoice Items 1586000130150 UNIFORM RENTAL SERVICES Paid by EFT #8481 06/24/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 306.59

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000132 Contracted Services - Change Order- Uniform

Service 1.0000 Each 306.5900 306.59


306.59

Invoice Items 1586000130150-A UNIFORM RENTAL SERVICES Paid by EFT #8481 06/24/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 76.64

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000110 Contracted Services - Vendor agreement for

uniform rental1.0000 Each 76.6400 76.64


76.64

Invoice Items 1

Vendor 694 - Aramark Totals Invoices 4 $704.99Vendor 327 - Auto-Chlor System












Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount214100000532 DISHWASHER MAINTENANCE

JUNE 2021 SENIOR CENTERPaid by Check #287717 06/29/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 62.78

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000323 Contracted Services - Dishwasher machine

rental and service1.0000 Each 62.7800 62.78

G/L Account Project Amount100.80.8220-54500 (General Fund.Parks And Recreation.Senior Services-Contracted Services)

62.78

Invoice Items 1214100500727 DISHWASHER MAINTENANCE,

JUNE 2021Paid by Check #287717 06/29/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 62.79

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberContracted Services - CONTRACTED SERVICES-DISHWASHER MAINTENANCE

1.0000 Each 62.7900 62.79


62.79

Invoice Items 1

Vendor 327 - Auto-Chlor System Totals Invoices 2 $125.57Vendor 363 - Bishop CompanyINV-637205 CANVAS TARPS FOR CITY YARD Paid by Check #287718 05/10/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 1,014.26

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000121 Departmental Expenses - Change Order-

Canvas Tarps1.0000 Each 1,014.2600 1,014.26

G/L Account Project Amount100.40.4030-54100 (General Fund.Public Works.Street Maintenance-Special Departmental Expenses)

1,014.26

Invoice Items 1INV-649256 MAINTENANCE SUPPLIES FOR

STREET DIVISIONPaid by Check #287718 06/17/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 250.20

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000121 General Construction - Small tools &

equipment for general construction1.0000 Each 250.2000 250.20

G/L Account Project Amount100.40.4030-54635 (General Fund.Public Works.Street Maintenance-General Construction)

250.20

Invoice Items 1












Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountINV-651123 MAINTENANCE SUPPLIES FOR

STREET DIVISIONPaid by Check #287718 06/23/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 263.37

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000121 General Construction - Small tools &

equipment for general construction1.0000 Each 263.3700 263.37

G/L Account Project Amount100.40.4030-54635 (General Fund.Public Works.Street Maintenance-General Construction)

263.37

Invoice Items 1

Vendor 363 - Bishop Company Totals Invoices 3 $1,527.83Vendor 1590 - BKF Engineers21050777 PROF SVCS 3/29/21-4/25/21, PR

REGIONAL BIKEWAYPaid by EFT #8482 05/12/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 13,840.86

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2019-00000434 Design Services - Measure M for PA & ED

Phase1.0000 Each 13,840.8600 13,840.86

G/L Account Project Amount208.70.7300-54521 (Measure M.Capital Improvement Projects.Capital Improvement Projects-Design Services)

CIP.S21280 (Capital Improvement Program, Pico Rivera Regional Bikeway Project)

13,840.86

Invoice Items 121060986 PROF SVCS 4/26/21-5/23/21, PR

REGIONAL BIKEWAYPaid by EFT #8482 06/14/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 6,099.63

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2019-00000434 Design Services - Measure M for PA & ED

Phase1.0000 Each 6,099.6300 6,099.63

G/L Account Project Amount208.70.7300-54521 (Measure M.Capital Improvement Projects.Capital Improvement Projects-Design Services)

CIP.S21280 (Capital Improvement Program, Pico Rivera Regional Bikeway Project)

6,099.63

Invoice Items 1

Vendor 1590 - BKF Engineers Totals Invoices 2 $19,940.49Vendor 1429 - BMG Money, Inc072221 EMPLOYEE DEDUCTION FOR P/E

07/16/21Paid by Check #287719 07/22/2021 07/22/2021 07/22/2021 07/22/2021 07/22/2021 243.22

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/22/2021 Deduction Loans 1.0000 Each 243.2200 243.22

G/L Account Project Amount100-20809 (General Fund-Employee Paid Payroll Loan) 200.58550-20809 (Water Authority-Employee Paid Payroll Loan) 24.34230-20809 (Lighting Assessment District-Employee Paid Payroll Loan) 18.30

Invoice Items 1

Vendor 1429 - BMG Money, Inc Totals Invoices 1 $243.22













Vendor 751 - Broadway Lock and Key00067 MASTER LOCK BOXES FOR ALL

PARKSPaid by Check #287720 06/08/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 370.44

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberBuilding & Grounds Maintenance - MASTER LOCK BOXES FOR ALL PARKS

1.0000 Each 370.4400 370.44

G/L Account Project Amount100.40.4032-53400 (General Fund.Public Works.Park Maintenance-Building & Grounds Maintenance)

370.44

Invoice Items 1

Vendor 751 - Broadway Lock and Key Totals Invoices 1 $370.44Vendor 1516 - Ruben Valentino Cantu210819 MUSICAL ENTERTAINMENT FOR

SENIOR CENTER 8/19/21Paid by Check #287721 07/05/2021 07/22/2021 07/22/2021 07/14/2021 07/22/2021 100.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberSenior Citizen Committee - MUSICAL ENTERTAINMENT FOR SENIOR CENTER 8/19/21

1.0000 Each 100.0000 100.00

G/L Account Project Amount100.80.8220-55280 (General Fund.Parks And Recreation.Senior Services-Senior Citizen Committee)

100.00

Invoice Items 1

Vendor 1516 - Ruben Valentino Cantu Totals Invoices 1 $100.00Vendor 786 - Central Basin Municipal Water DistrictRIV-JUN21 UTILITIES FOR MAY 2021 Paid by Check #287722 07/14/2021 07/22/2021 06/30/2021 07/20/2021 07/22/2021 7,669.67

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberUtilities - WATER SVC-VARIOUS LOCATION 1.0000 Each 7,669.6700 7,669.67

G/L Account Project Amount100.40.4032-54200 (General Fund.Public Works.Park Maintenance-Utilities)

7,669.67

Invoice Items 1

Vendor 786 - Central Basin Municipal Water District Totals Invoices 1 $7,669.67Vendor 1331 - Corporate Image Marketing, Inc2107641 MONTHLY SERVICE FEE (800) GO

PRIME JUNE 2021Paid by EFT #8483 07/01/2021 07/22/2021 06/30/2021 07/12/2021 07/22/2021 199.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000035 Telephone - PRIME 1-800-GO-PRIME toll free

number1.0000 Each 199.0000 199.00













Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount2107641 MONTHLY SERVICE FEE (800) GO

PRIME JUNE 2021Paid by EFT #8483 07/01/2021 07/22/2021 06/30/2021 07/12/2021 07/22/2021 199.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number560.16.1600-54300 (PRIME - CCA.Enterprise Functions.Enterprise Ops Administration-Telephone)

199.00

Invoice Items 1

Vendor 1331 - Corporate Image Marketing, Inc Totals Invoices 1 $199.00Vendor 345 - Cosby Oil CompanyCL54859 FUEL FOR CITY VEHICLES

06/11/21-06/20/21 COVID 19Paid by EFT #8484 06/20/2021 07/22/2021 06/30/2021 06/20/2021 07/22/2021 78.58

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberFuel - FUEL FOR CITY VEHICLES 06/11/21-06/20/21 COVID 19

1.0000 Each 78.5800 78.58

G/L Account Project Amount100.80.8000-52200 (General Fund.Parks And Recreation.Parks & Rec Administration-Departmental Supplies)


78.58

Invoice Items 1CL54859-A FUEL FOR CITY VEHICLES

06/11/21-06/20/21Paid by EFT #8484 06/20/2021 07/22/2021 06/30/2021 07/20/2021 07/22/2021 3,665.65

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberFuel - FUEL FOR CITY VEHICLES 06/11/21-06/20/21

1.0000 Each 3,665.6500 3,665.65

G/L Account Project Amount100.40.4033-53150 (General Fund.Public Works.Fleet Maintenance-Fuel) 3,665.65

Invoice Items 1CL54859-B FUEL FOR CITY VEHICLES

WATER DIVISION 06/11/21-06/20/21

Paid by EFT #8484 06/20/2021 07/22/2021 06/30/2021 06/20/2021 07/22/2021 936.06

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberFuel - FUEL FOR CITY VEHICLES WATER DIVISION 06/11/21-06/20/21

1.0000 Each 936.0600 936.06

G/L Account Project Amount550.40.4920-53150 (Water Authority.Public Works.Water Utility-Operations&Resources-Fuel)

936.06

Invoice Items 1

Vendor 345 - Cosby Oil Company Totals Invoices 3 $4,680.29Vendor 769 - Culligan Water of Santa Ana












Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount1221071 WATER SOFTENER SERVICE AT

SENIOR CENTER 7/1/21-7/31/21Paid by Check #287723 06/30/2021 07/22/2021 07/22/2021 07/14/2021 07/22/2021 59.65

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberContracted Services - WATER SOFTENER SERVICE AT SENIOR CENTER 7/1/21-7/31/21

1.0000 Each 59.6500 59.65


59.65

Invoice Items 1

Vendor 769 - Culligan Water of Santa Ana Totals Invoices 1 $59.65Vendor 357 - Daniels Tire Service200420739 TIRE REPAIR FOR BACKHOE

#387Paid by Check #287724 06/30/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 1,150.32

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000093 Automotive-Parts & Supplies - Tire repair &

replacement 1.0000 Each 1,150.3200 1,150.32

G/L Account Project Amount100.40.4033-53100 (General Fund.Public Works.Fleet Maintenance-Automobile Supplies )

1,150.32

Invoice Items 1

Vendor 357 - Daniels Tire Service Totals Invoices 1 $1,150.32Vendor 1501 - Delta Dental (Delta Care)BE004494027 DENTAL SERVICES (DHMO) FOR

JULY 2021Paid by EFT #8485 07/22/2021 07/22/2021 07/22/2021 07/22/2021 07/22/2021 2,245.40

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/08/2021 Benefit DeltaCare (DHMO)

1.0000 Each 1,038.1200 1,038.12

G/L Account Project Amount100-20808 (General Fund-Benefits Deduction) 785.72207-20808 (Measure R-Benefits Deduction) 8.85590-20808 (Sports Arena Complex-Benefits Deduction) 1.52205-20808 (Proposition A-Benefits Deduction) 9.24699-20808 (Miscellaneous State Grant-Benefits Deduction) .19851-20808 (Successor - Debt Service-Benefits Deduction) 1.06206-20808 (Proposition C-Benefits Deduction) 10.00550-20808 (Water Authority-Benefits Deduction) 115.88291-20808 (Housing - Section 8-Benefits Deduction) 26.48570-20808 (Golf Course-Benefits Deduction) .53690-20808 (Reach Grants-Benefits Deduction) 10.59560-20808 (PRIME - CCA-Benefits Deduction) 19.52210-20808 (Transportation Dev Acccount-Benefits Deduction) .58










Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountBE004494027 DENTAL SERVICES (DHMO) FOR

JULY 2021Paid by EFT #8485 07/22/2021 07/22/2021 07/22/2021 07/22/2021 07/22/2021 2,245.40

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number305-20808 (2018 Series A Cert of Part-Benefits Deduction) .08208-20808 (Measure M-Benefits Deduction) .84230-20808 (Lighting Assessment District-Benefits Deduction) 29.43202-20808 (SB1- Traffic Congestion Relief-Benefits Deduction) 17.61

Payroll - 07/22/2021 Benefit DeltaCare (DHMO)

1.0000 Each 1,038.1200 1,038.12

G/L Account Project Amount100-20808 (General Fund-Benefits Deduction) 780.63207-20808 (Measure R-Benefits Deduction) 9.00590-20808 (Sports Arena Complex-Benefits Deduction) 1.52205-20808 (Proposition A-Benefits Deduction) 10.08851-20808 (Successor - Debt Service-Benefits Deduction) 1.03206-20808 (Proposition C-Benefits Deduction) 19.69550-20808 (Water Authority-Benefits Deduction) 110.64280-20808 (CDBG- CFDA #14.218-Benefits Deduction) 1.05291-20808 (Housing - Section 8-Benefits Deduction) 27.82570-20808 (Golf Course-Benefits Deduction) .52690-20808 (Reach Grants-Benefits Deduction) 10.91560-20808 (PRIME - CCA-Benefits Deduction) 18.74210-20808 (Transportation Dev Acccount-Benefits Deduction) 1.19305-20808 (2018 Series A Cert of Part-Benefits Deduction) 4.19208-20808 (Measure M-Benefits Deduction) 1.29230-20808 (Lighting Assessment District-Benefits Deduction) 30.02202-20808 (SB1- Traffic Congestion Relief-Benefits Deduction) 9.04671-20808 (CAL Recycle-Benefits Deduction) .76

Payroll - COBRA/Adjustments-G.Garcia/P.Yugar 1.0000 Each 169.1600 169.16G/L Account Project Amount100.90.9000-51900 (General Fund.Non-Departmental.City Wide Non-Departmental-Group Health & Life Ins)

199.54

550.20.2000-51900 (Water Authority.Finance.Finance Administration-Group Health & Life Ins)

(10.87)

100.20.2050-51900 (General Fund.Finance.Utility Billing-Group Health & Life Ins)

(3.63)

100.80.8000-51900 (General Fund.Parks And Recreation.Parks & Rec Administration-Group Health & Life Ins)

(15.88)

Invoice Items 3

Vendor 1501 - Delta Dental (Delta Care) Totals Invoices 1 $2,245.40Vendor 2056 - Everbridge, Inc






Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountM64560 EVERBRIDGE SOFTWARE-MASS

NOTIFICATION BASE 6/30/21-6/29/22

Paid by Check #287725 06/30/2021 07/22/2021 07/22/2021 07/14/2021 07/22/2021 20,615.41

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberSoftware - EVERBRIDGE SOFTWARE-MASS NOTIFICATION BASE 6/30/21-6/29/22

1.0000 Each 20,615.4100 20,615.41

G/L Account Project Amount100.30.3046-52800 (General Fund.Community & Economic Development.Emergency Preparedness-Software)

20,615.41

Invoice Items 1

Vendor 2056 - Everbridge, Inc Totals Invoices 1 $20,615.41Vendor 625 - Franchise Tax Board072221 EMPLOYEE DEDUCTION FOR P/E

07/16/21Paid by Check #287726 07/22/2021 07/22/2021 07/22/2021 07/22/2021 07/22/2021 50.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - GARNISHMENT-KWB 1.0000 Each 50.0000 50.00

G/L Account Project Amount100-20816 (General Fund-F/T Garnishment Liability) 35.00550-20816 (Water Authority-F/T Garnishment Liability) 15.00

Invoice Items 1

Vendor 625 - Franchise Tax Board Totals Invoices 1 $50.00Vendor 419 - Garvey Equipment Company138797 SMALL TOOLS FOR STREETS

DIVISIONPaid by EFT #8486 06/16/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 705.58

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberEquipment Maintenance & Repairs - SMALL TOOLS FOR STREETS DIVISION

1.0000 Each 705.5800 705.58

G/L Account Project Amount100.40.4030-53500 (General Fund.Public Works.Street Maintenance-Small Tools & Equipment)

705.58

Invoice Items 1

Vendor 419 - Garvey Equipment Company Totals Invoices 1 $705.58Vendor 984 - Graphics World21180 SENIOR CENTER BANNER Paid by Check #287727 07/13/2021 07/22/2021 07/22/2021 07/14/2021 07/22/2021 113.14

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberDepartmental Supplies - SENIOR CENTER BANNER

1.0000 Each 113.1400 113.14













Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount21180 SENIOR CENTER BANNER Paid by Check #287727 07/13/2021 07/22/2021 07/22/2021 07/14/2021 07/22/2021 113.14

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number100.80.8220-52200 (General Fund.Parks And Recreation.Senior Services-Departmental Supplies)

113.14

Invoice Items 1

Vendor 984 - Graphics World Totals Invoices 1 $113.14Vendor 1955 - IMS Infrastructure Management Services, LLC50240-12 PROF SVCS 4/20/21-6/30/21,

PAVEMENT MANAGEMENT SYSTEM

Paid by EFT #8487 06/30/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 1,125.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2020-00000570 Engineering - Development of pavement

management system update1.0000 Each 1,125.0000 1,125.00

G/L Account Project Amount206.40.4010-54625 (Proposition C.Public Works.Engineering-Engineering)

NonCIP.29265 (Non Capital Improvement Project, Pavement Management System Update Report)

1,125.00

Invoice Items 1

Vendor 1955 - IMS Infrastructure Management Services, LLC Totals Invoices 1 $1,125.00Vendor 1931 - Interwest Consulting Group69924 CROSSROADS PLAZA PLAN

CHECK 5/1/21-5/31/21Paid by Check #287728 06/16/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 980.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000292 Contracted Services - Plan check services for

9200 Whittier Blvd, Crossroad Plaza1.0000 Each 980.0000 980.00

G/L Account Project Amount100.40.4010-54500 (General Fund.Public Works.Engineering-Contracted Services)

NonCIP.29267 (Non Capital Improvement Project, 9200 Whittier Blvd – Crossroads Plaza (PW))

980.00

Invoice Items 170341 CROSSROADS PLAZA PLAN

CHECK 6/1/21-6/30/21Paid by Check #287728 07/12/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 140.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000292 Contracted Services - Plan check services for

9200 Whittier Blvd, Crossroad Plaza1.0000 Each 140.0000 140.00


NonCIP.29267 (Non Capital Improvement Project, 9200 Whittier Blvd – Crossroads Plaza (PW))

140.00

Invoice Items 1












Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount70342 PROF SVCS 6/1/21-6/30/21,

PARCEL MAP REVIEWPaid by Check #287728 07/12/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 490.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberContracted Services - PROF SVCS 6/1/21-6/30/21, PARCEL MAP REVIEW

1.0000 Each 490.0000 490.00


490.00

Invoice Items 1

Vendor 1931 - Interwest Consulting Group Totals Invoices 3 $1,610.00Vendor 428 - Johnstone Supply5075327 CITY HALL MAINTENANCE

SUPPLIESPaid by Check #287729 06/21/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 240.08

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberBuilding & Grounds Maintenance - CITY HALL MAINTENANCE SUPPLIES

1.0000 Each 240.0800 240.08


240.08

Invoice Items 1

Vendor 428 - Johnstone Supply Totals Invoices 1 $240.08Vendor 181 - LA County Sheriffs Department212922AL SHERIFF SERVICES 6/1/21-

6/30/21Paid by Check #287730 07/07/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 1,018,676.13

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000179 Contracted Services - FY20/21 General Law

Enforcement Contract 1.0000 Each 1,018,676.1300 1,018,676.13

G/L Account Project Amount100.15.1500-54500 (General Fund.Law Enforcement.Law Enforcement Administration-Contracted Services)

1,018,676.13

Invoice Items 1

Vendor 181 - LA County Sheriffs Department Totals Invoices 1 $1,018,676.13Vendor 1507 - Lincoln Financial Group 070121 SUPPLEMENTAL LIFE INSURANCE

FOR JULY 2021Paid by EFT #8488 07/22/2021 07/22/2021 07/22/2021 07/22/2021 07/22/2021 1,147.95

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/08/2021 Deduction Lincoln Financial Supplemental

1.0000 Each 573.9900 573.99

G/L Account Project Amount100-20807 (General Fund-Employee Paid Life Ins Liab) 366.78207-20807 (Measure R-Employee Paid Life Ins Liab) .84












Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount070121 SUPPLEMENTAL LIFE INSURANCE

FOR JULY 2021Paid by EFT #8488 07/22/2021 07/22/2021 07/22/2021 07/22/2021 07/22/2021 1,147.95

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number206-20807 (Proposition C-Employee Paid Life Ins Liab) 2.97550-20807 (Water Authority-Employee Paid Life Ins Liab) 163.33291-20807 (Housing - Section 8-Employee Paid Life Ins Liab) 15.50690-20807 (Reach Grants-Employee Paid Life Ins Liab) 2.11560-20807 (PRIME - CCA-Employee Paid Life Ins Liab) 12.90210-20807 (Transportation Dev Acccount-Employee Paid Life Ins Liab) .34208-20807 (Measure M-Employee Paid Life Ins Liab) .34230-20807 (Lighting Assessment District-Employee Paid Life Ins Liab) 7.54202-20807 (SB1- Traffic Congestion Relief-Employee Paid Life Ins Liab) 1.34

Payroll - 07/22/2021 Deduction Lincoln Financial Supplemental

1.0000 Each 573.9900 573.99

G/L Account Project Amount100-20807 (General Fund-Employee Paid Life Ins Liab) 360.85207-20807 (Measure R-Employee Paid Life Ins Liab) 4.00206-20807 (Proposition C-Employee Paid Life Ins Liab) 6.29550-20807 (Water Authority-Employee Paid Life Ins Liab) 160.72291-20807 (Housing - Section 8-Employee Paid Life Ins Liab) 17.82690-20807 (Reach Grants-Employee Paid Life Ins Liab) 1.87210-20807 (Transportation Dev Acccount-Employee Paid Life Ins Liab) .80208-20807 (Measure M-Employee Paid Life Ins Liab) .80230-20807 (Lighting Assessment District-Employee Paid Life Ins Liab) 7.54202-20807 (SB1- Traffic Congestion Relief-Employee Paid Life Ins Liab) .40671-20807 (CAL Recycle-Employee Paid Life Ins Liab) 12.90

Payroll - Rounding 1.0000 Each (.0300) (.03)G/L Account Project Amount100-20807 (General Fund-Employee Paid Life Ins Liab) (.03)

Invoice Items 3

Vendor 1507 - Lincoln Financial Group Totals Invoices 1 $1,147.95Vendor 1688 - Mariposa Landscapes, Inc93745 MONTHLY LANDSCAPE AND

MAINTENANCE SERVICES FOR JUNE 2021

Paid by EFT #8489 06/30/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 18,750.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000149 Contracted Services - Landscaping services for

FY 2020-211.0000 Each 18,750.0000 18,750.00









Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount93745 MONTHLY LANDSCAPE AND

MAINTENANCE SERVICES FOR JUNE 2021

Paid by EFT #8489 06/30/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 18,750.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number100.40.4032-54500 (General Fund.Public Works.Park Maintenance-Contracted Services)

18,750.00

Invoice Items 193845 LANDSCAPE SERVICES FOR

PASSONS UNDERPASSPaid by EFT #8489 06/30/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 5,500.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000432 Building & Grounds Maintenance - Landscaping

Services1.0000 Each 5,500.0000 5,500.00


5,500.00

Invoice Items 1

Vendor 1688 - Mariposa Landscapes, Inc Totals Invoices 2 $24,250.00Vendor 1697 - Minuteman Press55067 VARIOUS MAILING FOR PRIME,

POSTCARDS, MAILERS, 6/6/21 6/16/21

Paid by Check #287731 06/21/2021 07/22/2021 06/30/2021 07/07/2021 07/22/2021 134.90

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000037 Advertising & Publication - Print, mail and

postage services for PRIME1.0000 Each 54.6000 54.60

G/L Account Project Amount560.16.1600-52300 (PRIME - CCA.Enterprise Functions.Enterprise Ops Administration-Advertising & Publications)

54.60

2021-00000037 Print Duplicate & Photocopying - Print, mail and postage services for PRIME

1.0000 Each 80.3000 80.30

G/L Account Project Amount560.16.1600-52400 (PRIME - CCA.Enterprise Functions.Enterprise Ops Administration-Print Duplicate & Photocopying)

80.30

Invoice Items 2

Vendor 1697 - Minuteman Press Totals Invoices 1 $134.90Vendor 1423 - MSA-Dental Pool070121 DENTAL SERVICES (DPPO) FOR

JULY 2021Paid by EFT #8490 07/22/2021 07/22/2021 07/22/2021 07/22/2021 07/22/2021 7,369.49

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/08/2021 Benefit Delta Dental (DPPO)

1.0000 Each 967.3100 967.31













Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount070121 DENTAL SERVICES (DPPO) FOR

JULY 2021Paid by EFT #8490 07/22/2021 07/22/2021 07/22/2021 07/22/2021 07/22/2021 7,369.49

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number100-20808 (General Fund-Benefits Deduction) 630.13207-20808 (Measure R-Benefits Deduction) 1.50590-20808 (Sports Arena Complex-Benefits Deduction) .79205-20808 (Proposition A-Benefits Deduction) 23.86206-20808 (Proposition C-Benefits Deduction) 3.00550-20808 (Water Authority-Benefits Deduction) 205.98291-20808 (Housing - Section 8-Benefits Deduction) 62.91560-20808 (PRIME - CCA-Benefits Deduction) 16.28208-20808 (Measure M-Benefits Deduction) 2.69230-20808 (Lighting Assessment District-Benefits Deduction) 20.17

Payroll - 07/08/2021 Deduction Delta Dental 1.0000 Each 2,717.6400 2,717.64G/L Account Project Amount100-20808 (General Fund-Benefits Deduction) 1,767.95207-20808 (Measure R-Benefits Deduction) 3.59590-20808 (Sports Arena Complex-Benefits Deduction) 1.82205-20808 (Proposition A-Benefits Deduction) 72.99206-20808 (Proposition C-Benefits Deduction) 7.19550-20808 (Water Authority-Benefits Deduction) 584.19291-20808 (Housing - Section 8-Benefits Deduction) 182.42560-20808 (PRIME - CCA-Benefits Deduction) 37.35208-20808 (Measure M-Benefits Deduction) 6.47230-20808 (Lighting Assessment District-Benefits Deduction) 53.67

Payroll - 07/22/2021 Benefit Delta Dental (DPPO)

1.0000 Each 967.3100 967.31

G/L Account Project Amount100-20808 (General Fund-Benefits Deduction) 628.04207-20808 (Measure R-Benefits Deduction) 1.89590-20808 (Sports Arena Complex-Benefits Deduction) .79205-20808 (Proposition A-Benefits Deduction) 24.46699-20808 (Miscellaneous State Grant-Benefits Deduction) .76851-20808 (Successor - Debt Service-Benefits Deduction) .79206-20808 (Proposition C-Benefits Deduction) 3.40550-20808 (Water Authority-Benefits Deduction) 204.63291-20808 (Housing - Section 8-Benefits Deduction) 62.91570-20808 (Golf Course-Benefits Deduction) .40560-20808 (PRIME - CCA-Benefits Deduction) 6.36208-20808 (Measure M-Benefits Deduction) 2.64230-20808 (Lighting Assessment District-Benefits Deduction) 20.32671-20808 (CAL Recycle-Benefits Deduction) 9.92






Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount070121 DENTAL SERVICES (DPPO) FOR

JULY 2021Paid by EFT #8490 07/22/2021 07/22/2021 07/22/2021 07/22/2021 07/22/2021 7,369.49

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/22/2021 Deduction Delta Dental 1.0000 Each 2,717.6400 2,717.64

G/L Account Project Amount100-20808 (General Fund-Benefits Deduction) 1,762.37207-20808 (Measure R-Benefits Deduction) 4.53590-20808 (Sports Arena Complex-Benefits Deduction) 1.82205-20808 (Proposition A-Benefits Deduction) 74.82699-20808 (Miscellaneous State Grant-Benefits Deduction) 1.81851-20808 (Successor - Debt Service-Benefits Deduction) 1.82206-20808 (Proposition C-Benefits Deduction) 8.16550-20808 (Water Authority-Benefits Deduction) 581.18291-20808 (Housing - Section 8-Benefits Deduction) 182.42570-20808 (Golf Course-Benefits Deduction) .91560-20808 (PRIME - CCA-Benefits Deduction) 14.59208-20808 (Measure M-Benefits Deduction) 6.35230-20808 (Lighting Assessment District-Benefits Deduction) 54.09671-20808 (CAL Recycle-Benefits Deduction) 22.77

Payroll - Rounding 1.0000 Each (.4100) (.41)G/L Account Project Amount100.90.9000-51900 (General Fund.Non-Departmental.City Wide Non-Departmental-Group Health & Life Ins)

(.41)

Invoice Items 5

Vendor 1423 - MSA-Dental Pool Totals Invoices 1 $7,369.49Vendor 1976 - Napa Auto Parts089336 MECHANIC SHOP SUPPLIES Paid by Check #287732 06/15/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 274.60

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000173 Automotive-Parts & Supplies - Automobile

Supplies for City Fleet1.0000 Each 2.2100 2.21


2.21

2021-00000173 Automotive-Parts & Supplies - Change Order- Automobile Supplies

1.0000 Each 272.3900 272.39


272.39

Invoice Items 2








Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount089336-A MECHANIC SHOP SUPPLIES Paid by Check #287732 06/15/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 386.96

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberSmall Tools & Equipment - MECHANIC SHOP SUPPLIES

1.0000 Each 386.9600 386.96

G/L Account Project Amount100.40.4033-53500 (General Fund.Public Works.Fleet Maintenance-Small Tools & Equipment)

386.96

Invoice Items 1

Vendor 1976 - Napa Auto Parts Totals Invoices 2 $661.56Vendor 1075 - Nationwide Cost Recovery Services, LLCPR M89-A FORECLOSURE REGISTRATION

FEES APRIL 2021Paid by EFT #8491 06/01/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 376.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000276 Contracted Services - Agr #13- 1419

registration fee under foreclosure program1.0000 Each 376.0000 376.00

G/L Account Project Amount100.30.3030-54500 (General Fund.Community & Economic Development.Neighborhood Services-Contracted Services)

376.00

Invoice Items 1PR M90-A FORECLOSURE REGISTRATION

FEES MAY 2021Paid by EFT #8491 06/01/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 752.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000276 Contracted Services - Agr #13- 1419

registration fee under foreclosure program1.0000 Each 752.0000 752.00

G/L Account Project Amount100.30.3030-54500 (General Fund.Community & Economic Development.Neighborhood Services-Contracted Services)

752.00

Invoice Items 1

Vendor 1075 - Nationwide Cost Recovery Services, LLC Totals Invoices 2 $1,128.00Vendor 1398 - Nationwide Retirement Solutions072221 EMPLOYEE/EMPLOYER


Paid by EFT #8492 07/22/2021 07/22/2021 07/22/2021 07/22/2021 07/22/2021 28,999.10

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/22/2021 Benefit CEA 457 Match 1.0000 Each 30.0000 30.00

G/L Account Project Amount550-20823 (Water Authority-Def. Comp Liability) 3.00100-20823 (General Fund-Def. Comp Liability) 27.00

Payroll - 07/22/2021 Benefit Nationwide PT-401a

1.0000 Each 2,468.2200 2,468.22

G/L Account Project Amount100-20821 (General Fund-PT Retirement Liability) 1,915.49














Paid by EFT #8492 07/22/2021 07/22/2021 07/22/2021 07/22/2021 07/22/2021 28,999.10

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number550-20821 (Water Authority-PT Retirement Liability) 49.20690-20821 (Reach Grants-PT Retirement Liability) 124.46697-20821 (Miscellaneous Local Grant-PT Retirement Liability) 361.07202-20821 (SB1- Traffic Congestion Relief-PT Retirement Liability) 18.00

Payroll - 07/22/2021 Benefit SEIU 457 Match 1.0000 Each 250.0000 250.00G/L Account Project Amount550-20823 (Water Authority-Def. Comp Liability) 48.75100-20823 (General Fund-Def. Comp Liability) 177.50230-20823 (Lighting Assessment District-Def. Comp Liability) 23.75

Payroll - 07/22/2021 Deduction Nationwide 457 50+

1.0000 Each 1,062.0400 1,062.04

G/L Account Project Amount550-20823 (Water Authority-Def. Comp Liability) 260.69206-20823 (Proposition C-Def. Comp Liability) 80.93100-20823 (General Fund-Def. Comp Liability) 550.85280-20823 (CDBG- CFDA #14.218-Def. Comp Liability) 12.94305-20823 (2018 Series A Cert of Part-Def. Comp Liability) 51.81202-20823 (SB1- Traffic Congestion Relief-Def. Comp Liability) 104.82

Payroll - 07/22/2021 Deduction Nationwide 457 Plan

1.0000 Each 22,720.6200 22,720.62

G/L Account Project Amount550-20823 (Water Authority-Def. Comp Liability) 2,876.20206-20823 (Proposition C-Def. Comp Liability) 608.16851-20823 (Successor - Debt Service-Def. Comp Liability) 123.38205-20823 (Proposition A-Def. Comp Liability) 165.20207-20823 (Measure R-Def. Comp Liability) 207.40699-20823 (Miscellaneous State Grant-Def. Comp Liability) 9.94590-20823 (Sports Arena Complex-Def. Comp Liability) 175.00100-20823 (General Fund-Def. Comp Liability) 16,096.13280-20823 (CDBG- CFDA #14.218-Def. Comp Liability) 37.83291-20823 (Housing - Section 8-Def. Comp Liability) 731.78570-20823 (Golf Course-Def. Comp Liability) 61.62690-20823 (Reach Grants-Def. Comp Liability) 75.00560-20823 (PRIME - CCA-Def. Comp Liability) 499.71210-20823 (Transportation Dev Acccount-Def. Comp Liability) 32.44305-20823 (2018 Series A Cert of Part-Def. Comp Liability) 151.48208-20823 (Measure M-Def. Comp Liability) 71.04230-20823 (Lighting Assessment District-Def. Comp Liability) 325.47








Paid by EFT #8492 07/22/2021 07/22/2021 07/22/2021 07/22/2021 07/22/2021 28,999.10

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number202-20823 (SB1- Traffic Congestion Relief-Def. Comp Liability) 322.93671-20823 (CAL Recycle-Def. Comp Liability) 149.91

Payroll - 07/22/2021 Deduction Nationwide PT-401a

1.0000 Each 2,468.2200 2,468.22


Invoice Items 6

Vendor 1398 - Nationwide Retirement Solutions Totals Invoices 1 $28,999.10Vendor 1489 - Nationwide RS072221 PEHP BENEFIT/DEDUCTION FOR

P/E 07/16/21Paid by EFT #8493 07/22/2021 07/22/2021 07/22/2021 07/22/2021 07/22/2021 846.44

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/22/2021 Benefit PEHP 1.0000 Each 423.2200 423.22

G/L Account Project Amount100-20824 (General Fund-Post Employment Health Plan Liability) 350.91550-20824 (Water Authority-Post Employment Health Plan Liability) 46.70560-20824 (PRIME - CCA-Post Employment Health Plan Liability) 3.45570-20824 (Golf Course-Post Employment Health Plan Liability) 3.45851-20824 (Successor - Debt Service-Post Employment Health Plan Liability)

9.48

590-20824 (Sports Arena Complex-Post Employment Health Plan Liability)

9.23

Payroll - 07/22/2021 Deduction PEHP Pre-Tax 1.0000 Each 423.2200 423.22G/L Account Project Amount100-20824 (General Fund-Post Employment Health Plan Liability) 350.90550-20824 (Water Authority-Post Employment Health Plan Liability) 46.71560-20824 (PRIME - CCA-Post Employment Health Plan Liability) 3.46570-20824 (Golf Course-Post Employment Health Plan Liability) 3.44851-20824 (Successor - Debt Service-Post Employment Health Plan Liability)

9.48

590-20824 (Sports Arena Complex-Post Employment Health Plan Liability)

9.23

Invoice Items 2

Vendor 1489 - Nationwide RS Totals Invoices 1 $846.44









Vendor 1677 - Nutrien AG Solutions, Inc45810643 WEED ABATEMENT MATERIALS Paid by Check #287733 06/17/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 468.56

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberWeed Abatement - WEED ABATEMENT MATERIALS

1.0000 Each 468.5600 468.56

G/L Account Project Amount100.40.4030-54675 (General Fund.Public Works.Street Maintenance-Weed Abatement)

468.56

Invoice Items 1

Vendor 1677 - Nutrien AG Solutions, Inc Totals Invoices 1 $468.56Vendor 520 - PRMPCEA072221 UNION DUES FOR P/E 07/16/21 Paid by EFT #8494 07/22/2021 07/22/2021 07/22/2021 07/22/2021 07/22/2021 546.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/22/2021 Deduction PRMPCEA-Mid Mgr

1.0000 Each 338.0000 338.00

G/L Account Project Amount550-20812 (Water Authority-Union Dues Liab) 14.30205-20812 (Proposition A-Union Dues Liab) .90100-20812 (General Fund-Union Dues Liab) 284.21291-20812 (Housing - Section 8-Union Dues Liab) 13.00690-20812 (Reach Grants-Union Dues Liab) 12.59560-20812 (PRIME - CCA-Union Dues Liab) 13.00

Payroll - 07/22/2021 Deduction PRMPCEA-Prof & Conf

1.0000 Each 208.0000 208.00

G/L Account Project Amount550-20812 (Water Authority-Union Dues Liab) 25.07206-20812 (Proposition C-Union Dues Liab) 7.95205-20812 (Proposition A-Union Dues Liab) 13.00699-20812 (Miscellaneous State Grant-Union Dues Liab) .65207-20812 (Measure R-Union Dues Liab) 4.87100-20812 (General Fund-Union Dues Liab) 139.58560-20812 (PRIME - CCA-Union Dues Liab) 9.75210-20812 (Transportation Dev Acccount-Union Dues Liab) .65208-20812 (Measure M-Union Dues Liab) 2.91202-20812 (SB1- Traffic Congestion Relief-Union Dues Liab) .32671-20812 (CAL Recycle-Union Dues Liab) 3.25

Invoice Items 2

Vendor 520 - PRMPCEA Totals Invoices 1 $546.00Vendor 143 - Riviera Finance, Assignee for: Pacific Catering








Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount802154-802173 VENDED MEALS SFSP WEEK OF

7/1/21-7/2/21Paid by Check #287734 07/01/2021 07/22/2021 07/22/2021 07/08/2021 07/22/2021 6,712.87

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2022-00000014 Contracted Services - Contracted Services-

Youth Food Meals 1.0000 Each 6,712.8700 6,712.87

G/L Account Project Amount697.80.8116-54500 (Miscellaneous Local Grant.Parks And Recreation.Summer Lunch Program-Contracted Services)


6,712.87

Invoice Items 1

Vendor 143 - Riviera Finance, Assignee for: Pacific Catering Totals Invoices 1 $6,712.87Vendor 1552 - S & S LaBarge Golf Inc224 EXPENSE REIMBURSEMENT JUNE

2021Paid by EFT #8495 07/06/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 29,029.91

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000012 Advertising & Publication - Golf Course

Management Services for FY 2020-211.0000 Each 264.5500 264.55

G/L Account Project Amount570.16.1620-52300 (Golf Course.Enterprise Functions.Pico Rivera Golf Course-Advertising & Publications)

264.55

2021-00000012 Building & Grounds Maintenance - Golf Course Management Services for FY 2020-21

1.0000 Each 1,109.6900 1,109.69

G/L Account Project Amount570.16.1620-53400 (Golf Course.Enterprise Functions.Pico Rivera Golf Course-Building & Grounds Maintenance)

1,109.69

2021-00000012 Departmental Expenses - Golf Course Management Services for FY 2020-21

1.0000 Each 4,331.7700 4,331.77

G/L Account Project Amount570.16.1620-55300 (Golf Course.Enterprise Functions.Pico Rivera Golf Course-Food and Beverage)

4,331.77

2021-00000012 Departmental Expenses - Golf Course Management Services for FY 2020-21

1.0000 Each 3,101.3600 3,101.36

G/L Account Project Amount570.16.1620-55301 (Golf Course.Enterprise Functions.Pico Rivera Golf Course-Restaurant-Banquet Supplies)

3,101.36

2021-00000012 Departmental Supplies - Golf Course Management Services for FY 2020-21

1.0000 Each 107.2900 107.29

G/L Account Project Amount570.16.1620-52200 (Golf Course.Enterprise Functions.Pico Rivera Golf Course-Departmental Supplies)

107.29

2021-00000012 Equipment Rental - Golf Course Management Services for FY 2020-21

1.0000 Each 641.0200 641.02

G/L Account Project Amount570.16.1620-53301 (Golf Course.Enterprise Functions.Pico Rivera Golf Course-Equipment Rental)

641.02








Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount224 EXPENSE REIMBURSEMENT JUNE

2021Paid by EFT #8495 07/06/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 29,029.91

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000012 Insurance & Surety Bond - Golf Course

Management Services for FY 2020-211.0000 Each 4,737.3800 4,737.38

G/L Account Project Amount570.16.1620-54700 (Golf Course.Enterprise Functions.Pico Rivera Golf Course-Insurance & Surety Bond)

4,737.38

2021-00000012 Permits - Fees - Licenses - Golf Course Management Services for FY 2020-21

1.0000 Each 7,669.9900 7,669.99

G/L Account Project Amount570.16.1620-56205 (Golf Course.Enterprise Functions.Pico Rivera Golf Course-Permits - Fees - Licenses)

7,669.99

2021-00000012 Pro Shop Merchandise - Change Order- Merchandise

1.0000 Each 1,477.0500 1,477.05

G/L Account Project Amount570.16.1620-56300 (Golf Course.Enterprise Functions.Pico Rivera Golf Course-Pro Shop Merchandise)

1,477.05

2021-00000012 Pro Shop Merchandise - Golf Course Management Services for FY 2020-21

1.0000 Each 2,049.4100 2,049.41

G/L Account Project Amount570.16.1620-56300 (Golf Course.Enterprise Functions.Pico Rivera Golf Course-Pro Shop Merchandise)

2,049.41

2021-00000012 Small Tools & Equipment - Golf Course Management Services for FY 2020-21

1.0000 Each 3,222.0800 3,222.08

G/L Account Project Amount570.16.1620-53500 (Golf Course.Enterprise Functions.Pico Rivera Golf Course-Small Tools & Equipment)

3,222.08

2021-00000012 Supplies/Chemicals - Golf Course Management Services for FY 2020-21

1.0000 Each 318.3200 318.32

G/L Account Project Amount570.16.1620-52210 (Golf Course.Enterprise Functions.Pico Rivera Golf Course-Supplies/Chemicals)

318.32

Invoice Items 12

Vendor 1552 - S & S LaBarge Golf Inc Totals Invoices 1 $29,029.91Vendor 266 - SEIU Local 721072221 UNION DUES FOR P/E 07/16/21 Paid by EFT #8496 07/22/2021 07/22/2021 07/22/2021 07/22/2021 07/22/2021 1,686.34

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/22/2021 Deduction SEIU P&R-Hourly Dues

1.0000 Each 248.3600 248.36

G/L Account Project Amount100-20812 (General Fund-Union Dues Liab) 223.91697-20812 (Miscellaneous Local Grant-Union Dues Liab) 24.45








Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount072221 UNION DUES FOR P/E 07/16/21 Paid by EFT #8496 07/22/2021 07/22/2021 07/22/2021 07/22/2021 07/22/2021 1,686.34

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/22/2021 Deduction SEIU-Directors 1.0000 Each 82.8200 82.82

G/L Account Project Amount550-20812 (Water Authority-Union Dues Liab) 4.15100-20812 (General Fund-Union Dues Liab) 78.67

Payroll - 07/22/2021 Deduction SEIU-FT Rank & File

1.0000 Each 1,312.3400 1,312.34

G/L Account Project Amount550-20812 (Water Authority-Union Dues Liab) 292.54206-20812 (Proposition C-Union Dues Liab) 3.68205-20812 (Proposition A-Union Dues Liab) 21.14207-20812 (Measure R-Union Dues Liab) 4.04100-20812 (General Fund-Union Dues Liab) 861.65291-20812 (Housing - Section 8-Union Dues Liab) 61.76208-20812 (Measure M-Union Dues Liab) .25230-20812 (Lighting Assessment District-Union Dues Liab) 67.28

Payroll - 07/22/2021 Deduction SEIU-Hourly Rep

1.0000 Each 42.8200 42.82

G/L Account Project Amount100-20812 (General Fund-Union Dues Liab) 42.82

Invoice Items 4

Vendor 266 - SEIU Local 721 Totals Invoices 1 $1,686.34Vendor 692 - SEIU Local 721-COPE072221 COPE FEES FOR P/E 07/16/21 Paid by Check #287735 07/22/2021 07/22/2021 07/22/2021 07/22/2021 07/22/2021 78.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/22/2021 Deduction SEIU-COPE 1.0000 Each 78.0000 78.00

G/L Account Project Amount100-20826 (General Fund-Seiu P.A.C. Contributions) 69.23550-20826 (Water Authority-Seiu P.A.C. Contributions) 6.09291-20826 (Housing - Section 8-Seiu P.A.C. Contributions) .06230-20826 (Lighting Assessment District-Seiu P.A.C. Contributions) 2.62

Invoice Items 1

Vendor 692 - SEIU Local 721-COPE Totals Invoices 1 $78.00Vendor 496 - Southern California Association of Gov (SCAG)








Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountSCAG2021-22 DUE ASSESSMENT FOR FISCAL

YEAR 2021-22Paid by Check #287736 07/22/2021 07/22/2021 07/22/2021 07/22/2021 07/22/2021 6,845.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2022-00000022 Membership & Dues - Due Assessment for FY

2021-20221.0000 Each 6,845.0000 6,845.00

G/L Account Project Amount100.90.9000-52600 (General Fund.Non-Departmental.City Wide Non-Departmental-Membership & Dues)

6,845.00

Invoice Items 1

Vendor 496 - Southern California Association of Gov (SCAG) Totals Invoices 1 $6,845.00Vendor 626 - State of California Dept of Justice519410 PRE-EMPLOYMENT LIVE SCANS

FOR JUNE 2021Paid by Check #287737 06/30/2021 07/22/2021 06/30/2021 07/12/2021 07/22/2021 687.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000458 Professional Services - Payoff invoice #519410

(FY20-21)1.0000 Each 687.0000 687.00

G/L Account Project Amount100.60.6010-54400 (General Fund.Human Resources.Recruitment-Professional Services)

687.00

Invoice Items 1

Vendor 626 - State of California Dept of Justice Totals Invoices 1 $687.00Vendor 1800 - Tanko Streetlighting, Inc66768 STREET LIGHTS MAINTENANCE

AND REPAIRPaid by EFT #8497 06/24/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 1,320.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000301 Contracted Services - Change Order- M & O of

City Street Lights1.0000 Each 29.7300 29.73

G/L Account Project Amount230.40.4990-54500 (Lighting Assessment District.Public Works.Lighting Assessment District-Contracted Services)

29.73

2021-00000301 Contracted Services - Chg Order- M & O of City Street Lights

1.0000 Each 1,290.2700 1,290.27


1,290.27

Invoice Items 2

Vendor 1800 - Tanko Streetlighting, Inc Totals Invoices 1 $1,320.00Vendor 1694 - Terra Bound Solutions










Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountPICO7 BAGS FOR DOG WASTE

STATIONS FOR ALL PARKSPaid by Check #287738 06/30/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 796.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberBuilding & Grounds Maintenance - BAGS FOR DOG WASTE STATIONS FOR ALL PARKS

1.0000 Each 796.0000 796.00


796.00

Invoice Items 1

Vendor 1694 - Terra Bound Solutions Totals Invoices 1 $796.00Vendor 1849 - The Department of Health and Human Services2021CA117FY2021 CA117 FY 6/30/21 INTEREST

EARNED ON INVESTMENT-PR HOUSING ASSIST

Paid by EFT #8498 07/20/2021 07/22/2021 07/22/2021 07/20/2021 07/22/2021 1,136.39

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberProfessional Services - CA117 FY 6/30/21 INTEREST EARNED ON INVESTMENT-PR HOUSING ASSIST

1.0000 Each 1,136.3900 1,136.39

G/L Account Project Amount291-21900 (Housing - Section 8-Due to Other Agencies) 1,136.39

Invoice Items 1

Vendor 1849 - The Department of Health and Human Services Totals Invoices 1 $1,136.39Vendor 1466 - The Lincoln National Life Insurance Company070121 GROUP LIFE, STD & LTD

PREMIUMS FOR JULY 2021Paid by EFT #8499 07/22/2021 07/22/2021 07/22/2021 07/22/2021 07/22/2021 10,612.68

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/08/2021 Benefit Group Life 1.0000 Each 1,172.5000 1,172.50

G/L Account Project Amount100-20808 (General Fund-Benefits Deduction) 849.80207-20808 (Measure R-Benefits Deduction) 4.69590-20808 (Sports Arena Complex-Benefits Deduction) 1.76205-20808 (Proposition A-Benefits Deduction) 18.23699-20808 (Miscellaneous State Grant-Benefits Deduction) .07851-20808 (Successor - Debt Service-Benefits Deduction) .61206-20808 (Proposition C-Benefits Deduction) 6.12550-20808 (Water Authority-Benefits Deduction) 172.99291-20808 (Housing - Section 8-Benefits Deduction) 36.51570-20808 (Golf Course-Benefits Deduction) .31690-20808 (Reach Grants-Benefits Deduction) 8.56560-20808 (PRIME - CCA-Benefits Deduction) 29.16210-20808 (Transportation Dev Acccount-Benefits Deduction) .23










Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount070121 GROUP LIFE, STD & LTD


P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number305-20808 (2018 Series A Cert of Part-Benefits Deduction) .04208-20808 (Measure M-Benefits Deduction) 1.99230-20808 (Lighting Assessment District-Benefits Deduction) 34.88202-20808 (SB1- Traffic Congestion Relief-Benefits Deduction) 6.55

Payroll - 07/08/2021 Benefit Long Term Disability

1.0000 Each 1,880.9500 1,880.95

G/L Account Project Amount100-20808 (General Fund-Benefits Deduction) 1,375.77207-20808 (Measure R-Benefits Deduction) 10.94590-20808 (Sports Arena Complex-Benefits Deduction) 7.20205-20808 (Proposition A-Benefits Deduction) 28.18851-20808 (Successor - Debt Service-Benefits Deduction) 1.59206-20808 (Proposition C-Benefits Deduction) 14.29550-20808 (Water Authority-Benefits Deduction) 255.06291-20808 (Housing - Section 8-Benefits Deduction) 62.54570-20808 (Golf Course-Benefits Deduction) .79690-20808 (Reach Grants-Benefits Deduction) 15.00560-20808 (PRIME - CCA-Benefits Deduction) 57.54210-20808 (Transportation Dev Acccount-Benefits Deduction) .59305-20808 (2018 Series A Cert of Part-Benefits Deduction) .06208-20808 (Measure M-Benefits Deduction) 5.65230-20808 (Lighting Assessment District-Benefits Deduction) 42.75202-20808 (SB1- Traffic Congestion Relief-Benefits Deduction) 3.00

Payroll - 07/08/2021 Benefit Short Term Disability

1.0000 Each 2,252.9000 2,252.90

G/L Account Project Amount100-20808 (General Fund-Benefits Deduction) 1,647.97207-20808 (Measure R-Benefits Deduction) 13.07590-20808 (Sports Arena Complex-Benefits Deduction) 8.96205-20808 (Proposition A-Benefits Deduction) 33.69851-20808 (Successor - Debt Service-Benefits Deduction) 1.90206-20808 (Proposition C-Benefits Deduction) 17.10550-20808 (Water Authority-Benefits Deduction) 305.51291-20808 (Housing - Section 8-Benefits Deduction) 74.78570-20808 (Golf Course-Benefits Deduction) .95690-20808 (Reach Grants-Benefits Deduction) 17.94560-20808 (PRIME - CCA-Benefits Deduction) 68.80210-20808 (Transportation Dev Acccount-Benefits Deduction) .71305-20808 (2018 Series A Cert of Part-Benefits Deduction) .07








P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number208-20808 (Measure M-Benefits Deduction) 6.76230-20808 (Lighting Assessment District-Benefits Deduction) 51.10202-20808 (SB1- Traffic Congestion Relief-Benefits Deduction) 3.59

Payroll - 07/22/2021 Benefit Group Life 1.0000 Each 1,172.5000 1,172.50G/L Account Project Amount100-20808 (General Fund-Benefits Deduction) 847.05207-20808 (Measure R-Benefits Deduction) 5.03590-20808 (Sports Arena Complex-Benefits Deduction) 1.76205-20808 (Proposition A-Benefits Deduction) 19.08699-20808 (Miscellaneous State Grant-Benefits Deduction) .44851-20808 (Successor - Debt Service-Benefits Deduction) 1.48206-20808 (Proposition C-Benefits Deduction) 9.94550-20808 (Water Authority-Benefits Deduction) 169.45280-20808 (CDBG- CFDA #14.218-Benefits Deduction) .38291-20808 (Housing - Section 8-Benefits Deduction) 37.04570-20808 (Golf Course-Benefits Deduction) .74690-20808 (Reach Grants-Benefits Deduction) 8.47560-20808 (PRIME - CCA-Benefits Deduction) 17.76210-20808 (Transportation Dev Acccount-Benefits Deduction) .44305-20808 (2018 Series A Cert of Part-Benefits Deduction) 1.53208-20808 (Measure M-Benefits Deduction) 2.07230-20808 (Lighting Assessment District-Benefits Deduction) 35.13202-20808 (SB1- Traffic Congestion Relief-Benefits Deduction) 3.33671-20808 (CAL Recycle-Benefits Deduction) 11.38

Payroll - 07/22/2021 Benefit Long Term Disability

1.0000 Each 1,880.9500 1,880.95

G/L Account Project Amount100-20808 (General Fund-Benefits Deduction) 1,369.25207-20808 (Measure R-Benefits Deduction) 13.43590-20808 (Sports Arena Complex-Benefits Deduction) 7.20205-20808 (Proposition A-Benefits Deduction) 29.81699-20808 (Miscellaneous State Grant-Benefits Deduction) 1.25851-20808 (Successor - Debt Service-Benefits Deduction) 4.84206-20808 (Proposition C-Benefits Deduction) 19.83550-20808 (Water Authority-Benefits Deduction) 246.41291-20808 (Housing - Section 8-Benefits Deduction) 63.47570-20808 (Golf Course-Benefits Deduction) 2.41690-20808 (Reach Grants-Benefits Deduction) 14.69560-20808 (PRIME - CCA-Benefits Deduction) 38.64








P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number210-20808 (Transportation Dev Acccount-Benefits Deduction) 1.26208-20808 (Measure M-Benefits Deduction) 5.81230-20808 (Lighting Assessment District-Benefits Deduction) 43.15202-20808 (SB1- Traffic Congestion Relief-Benefits Deduction) .63671-20808 (CAL Recycle-Benefits Deduction) 18.87

Payroll - 07/22/2021 Benefit Short Term Disability

1.0000 Each 2,252.9000 2,252.90

G/L Account Project Amount100-20808 (General Fund-Benefits Deduction) 1,640.18207-20808 (Measure R-Benefits Deduction) 16.07590-20808 (Sports Arena Complex-Benefits Deduction) 8.96205-20808 (Proposition A-Benefits Deduction) 35.63699-20808 (Miscellaneous State Grant-Benefits Deduction) 1.50851-20808 (Successor - Debt Service-Benefits Deduction) 5.78206-20808 (Proposition C-Benefits Deduction) 23.70550-20808 (Water Authority-Benefits Deduction) 295.16291-20808 (Housing - Section 8-Benefits Deduction) 75.89570-20808 (Golf Course-Benefits Deduction) 2.89690-20808 (Reach Grants-Benefits Deduction) 17.58560-20808 (PRIME - CCA-Benefits Deduction) 46.20210-20808 (Transportation Dev Acccount-Benefits Deduction) 1.51208-20808 (Measure M-Benefits Deduction) 6.97230-20808 (Lighting Assessment District-Benefits Deduction) 51.56202-20808 (SB1- Traffic Congestion Relief-Benefits Deduction) .75671-20808 (CAL Recycle-Benefits Deduction) 22.57

Payroll - Rounding 1.0000 Each (.0200) (.02)G/L Account Project Amount100.90.9000-51700 (General Fund.Non-Departmental.City Wide Non-Departmental-Disability Insurance)

(.02)

Invoice Items 7

Vendor 1466 - The Lincoln National Life Insurance Company Totals Invoices 1 $10,612.68Vendor 1511 - United Way Of Greater Los Angeles072221 EMPLOYEE DEDUCTION FOR P/E

07/16/21Paid by EFT #8500 07/22/2021 07/22/2021 07/22/2021 07/22/2021 07/22/2021 20.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPayroll - 07/22/2021 Deduction United Way Donations

1.0000 Each 20.0000 20.00









Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount072221 EMPLOYEE DEDUCTION FOR P/E

07/16/21Paid by EFT #8500 07/22/2021 07/22/2021 07/22/2021 07/22/2021 07/22/2021 20.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number100-20813 (General Fund-Voluntary Employee Donations) 20.00

Invoice Items 1

Vendor 1511 - United Way Of Greater Los Angeles Totals Invoices 1 $20.00Vendor 354 - Willdan Engineering00621209 PROF SVCS THRU 4/30/21, PR

CITYWIDE PAVEMENT REHABPaid by EFT #8501 06/14/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 2,912.50

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000391 Contracted Services - Chg Order- Add serv for

resident resurfacing overlay & Recon 1.0000 Each 2,912.5000 2,912.50

G/L Account Project Amount305.70.7300-54500 (2018 Series A Cert of Part.Capital Improvement Projects.Capital Improvement Projects-Contracted Services)

50048 ((S) Residential Resurfacing Program - Overlay & Reconstruction)

2,912.50

Invoice Items 100416591 PROF SVCS THRU 5/28/21, PR

HOT SPOTSPaid by EFT #8501 06/18/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 26,924.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2020-00000379 Construction Management - Construction

Mgmt Services for Hot Spots at Rosemead/Beverly

1.0000 Each 26,924.0000 26,924.00

G/L Account Project Amount207.70.7300-54523 (Measure R.Capital Improvement Projects.Capital Improvement Projects-Construction Management)

CIP.S21276 (Capital Improvement Program, Rosemead/Beverly Rd Intersection Improvements)

26,924.00


WASHINGTON AVE TSSPPaid by EFT #8501 06/25/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 560.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000389 Contracted Services - On-Call Traffic

Engineering Serv to review the Washington TSSP

1.0000 Each 560.0000 560.00


CIP.S50018 (Capital Improvement Program, Washington Blvd Traffic Signal Sychronization Program)

560.00

Invoice Items 1












Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount00621309 PROF SVCS THRU 5/28/21, PR

TRAFFIC ENGINEERING SVCSPaid by EFT #8501 06/25/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 1,310.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000225 Contracted Services - Per Agr. No 19 1891, for

on-call traffic engineering services1.0000 Each 1,310.0000 1,310.00


1,310.00


PARAMOUNT BLVD CONCEPTPaid by EFT #8501 06/25/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 1,134.75

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000225 Contracted Services - Per Agr. No 19 1891, for

on-call traffic engineering services1.0000 Each 1,134.7500 1,134.75


1,134.75

Invoice Items 1

Vendor 354 - Willdan Engineering Totals Invoices 5 $32,841.25Vendor 530 - WONDRIES FLEET GROUP621762 MAINTENANCE AND REPAIR FOR

UNIT #202Paid by Check #287739 06/15/2021 07/22/2021 06/30/2021 07/29/2021 07/22/2021 100.99

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000259 Automotive-Parts & Supplies - Fleet Maint &

Repair 1.0000 Each 100.9900 100.99


100.99

Invoice Items 1621771 MAINTENANCE AND REPAIR FOR



Repair 1.0000 Each 144.0700 144.07


144.07

Invoice Items 1












Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount621865 MAINTENANCE AND REPAIR FOR



Repair 1.0000 Each 178.5100 178.51


178.51




Repair 1.0000 Each 75.5900 75.59


75.59




Repair 1.0000 Each 99.3800 99.38


99.38

2021-00000259 Automotive-Parts & Supplies - Maintenance & repair for City Fleet

1.0000 Each 81.2999 81.30


81.30

2021-00000259 Automotive-Parts & Supplies - To cover costs for additional repairs on City vehicles.

1.0000 Each 3.7800 3.78


3.78

Invoice Items 3













Repair 1.0000 Each 78.9700 78.97


78.97




Repair 1.0000 Each 184.7400 184.74


184.74




Repair 1.0000 Each 327.7100 327.71


327.71

Invoice Items 1

Vendor 530 - WONDRIES FLEET GROUP Totals Invoices 8 $1,275.04Vendor 1894 - Yao Engineering, Inc. PR2106 PROF SVCS 6/1/21-7/2/21,

WATER PLANT 3 ELECTRICAL UPGRADES

Paid by Check #287740 07/02/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 4,505.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2020-00000398 Contracted Services - Change Order-Add Serv

for Electrical Panel Improv plant #31.0000 Each 4,460.5000 4,460.50



4,460.50

2020-00000398 Contracted Services - Electrical Panel Improvements at Plant No. 3

1.0000 Each 44.5000 44.50













Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountPR2106 PROF SVCS 6/1/21-7/2/21,

WATER PLANT 3 ELECTRICAL UPGRADES

Paid by Check #287740 07/02/2021 07/22/2021 06/30/2021 07/14/2021 07/22/2021 4,505.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number550.70.7340-54500 (Water Authority.Capital Improvement Projects.Water Authority-Contracted Services)


44.50

Invoice Items 2

Vendor 1894 - Yao Engineering, Inc. Totals Invoices 1 $4,505.00Vendor FRANCISCO TREVINO CASA CAMINO FIFI, INC2021CDBGCASACAMI CDBG-CV SMALL BUSINESS

GRANT PROGRAMPaid by Check #287741 07/22/2021 07/22/2021 06/30/2021 07/22/2021 07/22/2021 10,000.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberContracted Services - CDBG-CV SMALL BUSINESS GRANT PROGRAM

1.0000 Each 10,000.0000 10,000.00

G/L Account Project Amount280.30.3400-54500 (CDBG- CFDA #14.218.Community & Economic Development.Community Dev Block Grant Admin-Contracted Services)

NonCIP.6621 (Non Capital Improvement Project, CDBG-CV Small Business Grant Program)

10,000.00

Invoice Items 1

Vendor FRANCISCO TREVINO CASA CAMINO FIFI, INC Totals Invoices 1 $10,000.00Vendor MICHAEL A CONTRERAS ADRIANA GONZALEZ MARACAS CANTINA AND CATERING LLC2021CDBGMARACAS CDBG-CV SMALL BUSINESS



1.0000 Each 10,000.0000 10,000.00



10,000.00

Invoice Items 1

Vendor MICHAEL A CONTRERAS ADRIANA GONZALEZ MARACAS CANTINA AND CATERING LLC Totals Invoices 1 $10,000.00Vendor MARIA JIMENEZ CASA JIMENEZ MARIA JIMENEZ










Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount2021CDBGCASAJIME CDBG-CV SMALL BUSINESS



1.0000 Each 10,000.0000 10,000.00



10,000.00

Invoice Items 1

Vendor MARIA JIMENEZ CASA JIMENEZ MARIA JIMENEZ Totals Invoices 1 $10,000.00Vendor FELIX MR. BBQ GRILL RUBIO HERNANDEZ2021CDBGMRBBQ CDBG-CV SMALL BUSINESS



1.0000 Each 10,000.0000 10,000.00



10,000.00

Invoice Items 1

Vendor FELIX MR. BBQ GRILL RUBIO HERNANDEZ Totals Invoices 1 $10,000.00Vendor JOEL TINA'S MEXICAN SALDANA2021CDBGTINA'S CDBG-CV SMALL BUSINESS



1.0000 Each 10,000.0000 10,000.00



10,000.00

Invoice Items 1

Vendor JOEL TINA'S MEXICAN SALDANA Totals Invoices 1 $10,000.00

Grand Totals Invoices 81 $1,991,328.78








Status Type Number Payment Date Source Payee AmountOpen Check 287755 07/26/2021 Utility Refund FIBERLINE COMMUNICATIONS $70.40

GRAND TOTAL $70.40

CITY OF PICO RIVERA U/B REFUND CHECKS 07-26-2021



Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountVendor 7 - Advanced Printing00517 PARKING GREEN PAMPHLETS

AND PARKING CITATION ENVELOPES

Paid by EFT #8502 07/21/2021 07/29/2021 07/28/2021 07/21/2021 07/29/2021 2,894.06

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2022-00000020 Print Duplicate & Photocopying - Citation

Envelopes1.0000 Each 1,477.5000 1,477.50

G/L Account Project Amount100.30.3000-52400 (General Fund.Community & Economic Development.Comm Econ Dev Administration-Print Duplicate & Photocopying)

1,477.50

2022-00000020 Print Duplicate & Photocopying - Parking Green Pamphlets & Citation Envelopes

1.0000 Each 1,147.5000 1,147.50

G/L Account Project Amount100.30.3000-52400 (General Fund.Community & Economic Development.Comm Econ Dev Administration-Print Duplicate & Photocopying)

1,147.50

2022-00000020 Sales Tax - Sales Tax 1.0000 Each 269.0600 269.06G/L Account Project Amount100.30.3000-52400 (General Fund.Community & Economic Development.Comm Econ Dev Administration-Print Duplicate & Photocopying)

269.06

Invoice Items 3

Vendor 7 - Advanced Printing Totals Invoices 1 $2,894.06Vendor 299 - A. M. Plumbing Supply6432 SUPPLIES FOR RESTROOMS Paid by Check #287756 06/22/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 284.42

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000112 Plumbing Supplies - Plumbing supplies for City

facility maintenance 1.0000 Each 284.4200 284.42

G/L Account Project Amount100.40.4031-53440 (General Fund.Public Works.Facilities Maintenance-Plumbing Supplies)

284.42

Invoice Items 16438 PLUMBING SUPPLIES Paid by Check #287756 06/22/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 82.96




82.96

Invoice Items 1

Run by April Zamora on 07/29/2021 01:33:59 PM Page 1 of 34



Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount6465 SUPPLIES FOR RESTROOMS Paid by Check #287756 06/28/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 363.83




363.83

Invoice Items 1

Vendor 299 - A. M. Plumbing Supply Totals Invoices 3 $731.21Vendor 698 - AAA Electrical Supply, Inc.312554-00 LIGHTING FOR SENIOR CENTER Paid by EFT #8503 06/29/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 3,207.85

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000341 Furniture & Equipment - CO-LED panel lights

for the Sen. Cr computer, dance & fitness rm1.0000 Each 3,207.8500 3,207.85


3,207.85

Invoice Items 1312558-00 LIGHTING FOR PICO PARK GYM Paid by EFT #8503 06/29/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 6,879.60

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000341 Furniture & Equipment - CO-LED 8' strip lights

for Sen center aud ceiling sofit lighting1.0000 Each 6,879.6000 6,879.60


6,879.60

Invoice Items 1312726-00 SMALL TOOLS AND SUPPLIES Paid by EFT #8503 06/24/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 11.05

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000105 Small Tools & Equipment - Small tools &

equipment for City facility maintenance1.0000 Each 11.0500 11.05


11.05

Invoice Items 1312726-00-A SMALL TOOLS AND SUPPLIES Paid by EFT #8503 06/24/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 883.72

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberSmall Tools & Equipment - SMALL TOOLS AND SUPPLIES

1.0000 Each 883.7200 883.72





Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount312726-00-A SMALL TOOLS AND SUPPLIES Paid by EFT #8503 06/24/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 883.72

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number100.40.4031-53500 (General Fund.Public Works.Facilities Maintenance-Small Tools & Equipment)

883.72

Invoice Items 1

Vendor 698 - AAA Electrical Supply, Inc. Totals Invoices 4 $10,982.22Vendor 269 - American Water Works Association7001891372 STANDARD REVISIONS (PAPER

UPDATE SERVICE) 5/1/21-4/30/22

Paid by Check #287757 07/20/2021 07/29/2021 07/28/2021 07/21/2021 07/29/2021 850.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberMembership & Dues - STANDARD REVISIONS (PAPER UPDATE SERVICE) 5/1/21-4/30/22

1.0000 Each 850.0000 850.00

G/L Account Project Amount550.40.4900-52600 (Water Authority.Public Works.Water Utility - Admin Division-Membership & Dues)

850.00

Invoice Items 1

Vendor 269 - American Water Works Association Totals Invoices 1 $850.00Vendor 41 - Atkinson, Andelson, Loya, Ruud & Romo627319 LEGAL SERVICES JUNE 2021 Paid by Check #287758 06/30/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 1,651.65

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000060 Legal Services - Legal Counsel for labor issues 1.0000 Each 1,651.6500 1,651.65

G/L Account Project Amount100.60.6000-56910 (General Fund.Human Resources.Human Resources Administration-Legal Service)

1,651.65

Invoice Items 1

Vendor 41 - Atkinson, Andelson, Loya, Ruud & Romo Totals Invoices 1 $1,651.65Vendor 583 - Box Cars And One Eyed Jacks, Inc.182656 REACH MATH CURRICULUM

TRAININGPaid by Check #287759 07/13/2021 07/29/2021 07/28/2021 07/15/2021 07/29/2021 1,100.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2022-00000011 Contracted Services - Math Curriculum

Training 1.0000 Each 1,100.0000 1,100.00

G/L Account Project Amount690.80.8105-54500 (REACH Grants.Parks And Recreation.REACH-Contracted Services)

1,100.00

Invoice Items 1

Vendor 583 - Box Cars And One Eyed Jacks, Inc. Totals Invoices 1 $1,100.00




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountVendor 751 - Broadway Lock and Key00033 KEYS FOR SMITH PARK Paid by Check #287760 06/23/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 46.30

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberBuilding & Grounds Maintenance - KEYS FOR SMITH PARK

1.0000 Each 46.3000 46.30


46.30

Invoice Items 1

Vendor 751 - Broadway Lock and Key Totals Invoices 1 $46.30Vendor 759 - California Newspapers Partnership0000516058 LEGAL ADS FOR JUNE 2021 Paid by Check #287761 06/30/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 4,227.50

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000410 Election Services - Legal Ads and notices on

Whittier Daily Newspape1.0000 Each 4,227.5000 4,227.50

G/L Account Project Amount100.12.1200-52500 (General Fund.City Clerk.City Clerk Administration-Election Expense)

4,227.50

Invoice Items 1

Vendor 759 - California Newspapers Partnership Totals Invoices 1 $4,227.50Vendor 743 - City of Santa Fe Springs2200107 TRAFFIC SIGNAL MAINTENANCE

APRIL, MAY & JUNE 2021Paid by Check #287762 07/08/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 35,377.19

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000258 Street Lights/Signals - PO FY 20/21 for Traffic

Signals Maintenance Service-General Fund1.0000 Each 11,792.3900 11,792.39


11,792.39

2021-00000258 Street Lights/Signals - PO FY 20/21 for Traffic Signals Maintenance Service-Measure R

1.0000 Each 11,792.4100 11,792.41

G/L Account Project Amount207.40.4030-54655 (Measure R.Public Works.Street Maintenance-Street Lights/Signals)

11,792.41

2021-00000258 Street Lights/Signals - PO FY 20/21 for Traffic Signals Maintenance Service-Prop C

1.0000 Each 11,792.3900 11,792.39

G/L Account Project Amount206.40.4030-54655 (Proposition C.Public Works.Street Maintenance-Street Lights/Signals)

11,792.39

Invoice Items 3

Vendor 743 - City of Santa Fe Springs Totals Invoices 1 $35,377.19




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountVendor 1995 - CliftonLarsonAllen LLP2937777 AUDIT SERVICES-U.S. DEPT OF

HOUSING AND URBAN DEVELOPMENT

Paid by Check #287763 06/30/2021 07/29/2021 06/30/2021 07/14/2021 07/29/2021 630.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000331 Professional Services - Annual Audit Services

through January 31, 20211.0000 Each 630.0000 630.00

G/L Account Project Amount100.20.2010-54400 (General Fund.Finance.Accounting-Professional Services)

630.00

Invoice Items 1

Vendor 1995 - CliftonLarsonAllen LLP Totals Invoices 1 $630.00Vendor 773 - Clinical Laboratory of San Bernardino Inc.2100496-PIC01 WATER QUALITY SAMPLING Paid by EFT #8504 06/09/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 580.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000049 Contracted Services - Water quality sampling

for City water distribution system 1.0000 Each 580.0000 580.00


580.00

Invoice Items 1

Vendor 773 - Clinical Laboratory of San Bernardino Inc. Totals Invoices 1 $580.00Vendor 2034 - Coastal Occupational Medical Group1456-65589 PRE-EMPLOYMENT PHYSICALS Paid by Check #287764 05/27/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 176.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000029 Professional Services - Pre-employment

physicals1.0000 Each 176.0000 176.00

G/L Account Project Amount100.60.6010-54400 (General Fund.Human Resources.Recruitment-Professional Services)

176.00

Invoice Items 1

Vendor 2034 - Coastal Occupational Medical Group Totals Invoices 1 $176.00Vendor 732 - Coastline Equipment809906 MAINTENANCE AND REPAIR FOR

UNIT 384Paid by Check #287765 06/15/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 621.05

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000414 Equipment Maintenance & Repairs -

Maintenance & Repair of Backhoe Unit#3841.0000 Each 621.0500 621.05






UNIT 384Paid by Check #287765 06/15/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 621.05

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number550.40.4920-53300 (Water Authority.Public Works.Water Utility-Operations&Resources-Equipment Maintenance & Repairs)

621.05


UNIT 384Paid by Check #287765 06/15/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 2,088.12

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000414 Equipment Maintenance & Repairs -

Maintenance & Repair of Backhoe Unit#3841.0000 Each 401.9800 401.98

G/L Account Project Amount550.40.4920-53300 (Water Authority.Public Works.Water Utility-Operations&Resources-Equipment Maintenance & Repairs)

401.98

2021-00000414 Equipment Maintenance & Repairs - Maintenance & Repair of Backhoe Unit#384

1.0000 Each 1,686.1400 1,686.14


1,686.14

Invoice Items 2

Vendor 732 - Coastline Equipment Totals Invoices 2 $2,709.17Vendor 2064 - Commercial Van Interiors, LLC223374 SAFETY GUARD KIT AND

INSTALLATIONPaid by Check #287766 06/29/2021 07/29/2021 07/28/2021 07/19/2021 07/29/2021 1,122.70

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2022-00000017 Contracted Services - Back Panel and wing kit

for rear cargo area1.0000 Each 1,031.6900 1,031.69

G/L Account Project Amount100.80.8102-54500 (General Fund.Parks And Recreation.Special Events-Contracted Services)

1,031.69

2022-00000017 Sales Tax - Sales Tax 1.0000 Each 91.0100 91.01G/L Account Project Amount100.80.8102-54500 (General Fund.Parks And Recreation.Special Events-Contracted Services)

91.01

Invoice Items 2

Vendor 2064 - Commercial Van Interiors, LLC Totals Invoices 1 $1,122.70Vendor 770 - County of Los Angeles Dept of Public Works




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountRE-PW21051006039 IW THROUGH APRIL 2021 Paid by Check #287767 05/10/2021 07/29/2021 06/30/2021 07/13/2021 07/29/2021 5,550.60

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000193 Contracted Services - Industrial Waste Service 1.0000 Each 5,550.6000 5,550.60

G/L Account Project Amount100.40.4050-54500 (General Fund.Public Works.Sewer Maintenance-Contracted Services)

5,550.60

Invoice Items 1RE-PW21061406720 IW THROUGH MAY 2021 Paid by Check #287767 06/14/2021 07/29/2021 06/30/2021 07/13/2021 07/29/2021 3,039.59

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000193 Contracted Services - Industrial Waste Service 1.0000 Each 196.8600 196.86


196.86

2021-00000193 Contracted Services - Sewer Maintenance for IW

1.0000 Each 2,842.7300 2,842.73


2,842.73

Invoice Items 2

Vendor 770 - County of Los Angeles Dept of Public Works Totals Invoices 2 $8,590.19Vendor 136 - CPACINC.COMSI-1292620 ADOBE ACROBAT PRO LICENSES

FOR COMMUNITY & ECONOMIC DEVELOPMENT

Paid by Check #287768 06/15/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 3,584.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000412 Furniture & Equipment - Adobe Acrobat Pro

2020 licenses1.0000 Each 3,584.0000 3,584.00

G/L Account Project Amount100.30.3000-57300 (General Fund.Community & Economic Development.Comm Econ Dev Administration-Furniture & Equipment)

3,584.00

Invoice Items 1

Vendor 136 - CPACINC.COM Totals Invoices 1 $3,584.00Vendor 2058 - Dave Bang Associates, Inc of CaliforniaCA11640 11 BBQ GRILLS AND 4 COAL

RECEPTACLES FOR PICO PARKPaid by Check #287769 06/24/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 18,379.25

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2022-00000004 Departmental Supplies - Outdoor BBQ Grills w/

Hot Ash Receptacles1.0000 Each 10,000.0000 10,000.00


NonCIP.8201 (Non Capital Improvement Project, Pico Park)

10,000.00




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountCA11640 11 BBQ GRILLS AND 4 COAL

RECEPTACLES FOR PICO PARKPaid by Check #287769 06/24/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 18,379.25

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2022-00000004 Furniture & Equipment - Outdoor BBQ Grills w/

Hot Ash Receptacles1.0000 Each 8,379.2500 8,379.25



8,379.25

Invoice Items 2CA11640-A BBQ GRILLS AND RECEPTACLES

FOR PICO PARKPaid by Check #287769 06/24/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 250.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberDepartmental Supplies - BBQ GRILLS AND RECEPTACLES FOR PICO PARK

1.0000 Each 250.0000 250.00



250.00

Invoice Items 1

Vendor 2058 - Dave Bang Associates, Inc of California Totals Invoices 2 $18,629.25Vendor 2014 - GLORIA J. GALLARDO DBS CONSULTING,PR-001 PROFESSIONAL SERVICES FOR

3/17/21-6/30/21Paid by Check #287770 07/27/2021 07/29/2021 06/30/2021 07/28/2021 07/29/2021 1,620.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000357 Contracted Services - PROFESSIONAL

SERVICES1.0000 Each 1,620.0000 1,620.00


1,620.00

Invoice Items 1

Vendor 2014 - GLORIA J. GALLARDO DBS CONSULTING, Totals Invoices 1 $1,620.00Vendor 1419 - Dekra-LiteSO062542 REPLACEMENT ORNAMENTS,

CITY HALL CHRISTMAS TREEPaid by Check #287771 06/24/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 11,472.28

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000446 Departmental Supplies - Replacement

Christmas tree ornaments1.0000 Each 3,100.6600 3,100.66


NonCIP.1923 (Non Capital Improvement Project, Holiday Festival)

3,100.66




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountSO062542 REPLACEMENT ORNAMENTS,

CITY HALL CHRISTMAS TREEPaid by Check #287771 06/24/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 11,472.28

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000446 Furniture & Equipment - Chg Order- City Hall

Christmas tree decorations 1.0000 Each 3,371.6200 3,371.62



3,371.62

2021-00000446 Furniture & Equipment - Replacement Christmas tree ornaments

1.0000 Each 5,000.0000 5,000.00

G/L Account Project Amount100.80.8102-57300 (General Fund.Parks And Recreation.Special Events-Furniture & Equipment)


5,000.00

Invoice Items 3SO062543 REPLACEMENT PINECONES, CITY

HALL CHRISTMAS TREEPaid by Check #287771 06/24/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 117.99

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000446 Departmental Supplies - Replacement

Christmas tree ornaments1.0000 Each 117.9900 117.99



117.99

Invoice Items 1

Vendor 1419 - Dekra-Lite Totals Invoices 2 $11,590.27Vendor 704 - Dell Marketing L.P.10483867848 DELL LAPTOP FOR RYAN

HUDSONPaid by EFT #8505 04/29/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 2,328.50

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000360 Professional Services - Dell Laptop for Ryan

Hudson1.0000 Each 2,328.5000 2,328.50

G/L Account Project Amount100.60.6000-54400 (General Fund.Human Resources.Human Resources Administration-Professional Services)

2,328.50

Invoice Items 1

Vendor 704 - Dell Marketing L.P. Totals Invoices 1 $2,328.50Vendor 1030 - DOMINGUEZ GENERAL ENGINEERING




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount0110-30 EMERGENCY REPAIR LEAK

ROSEMEAD BL & SLAUSON AVEPaid by Check #287772 04/26/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 17,475.61

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000456 Contracted Services - Emergency Water main

repair on Slauson Ave & Rosemead Blvd1.0000 Each 17,475.6100 17,475.61


17,475.61

Invoice Items 1

Vendor 1030 - DOMINGUEZ GENERAL ENGINEERING Totals Invoices 1 $17,475.61Vendor 259 - FEDERAL EXPRESS7-430-61024 DELIVERY CHARGES Paid by Check #287773 07/09/2021 07/29/2021 07/28/2021 07/28/2021 07/29/2021 16.78

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberPostage - DELIVERY CHARGES 1.0000 Each 16.7800 16.78

G/L Account Project Amount100.20.2000-52100 (General Fund.Finance.Finance Administration-Postage)

16.78

Invoice Items 1

Vendor 259 - FEDERAL EXPRESS Totals Invoices 1 $16.78Vendor 982 - Ferguson Enterprises, Inc (Pollard Water)0760167 WATER METERS AND AMR

SYSTEMPaid by Check #287774 06/11/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 29,370.60

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000076 Water Meter Maintenance & Repair - Purchase

of water meters1.0000 Each 29,370.6000 29,370.60

G/L Account Project Amount550.40.4920-53305 (Water Authority.Public Works.Water Utility-Operations&Resources-Water Meter Maintenance & Repair)

29,370.60

Invoice Items 10760361 Meter Reader Equipment Paid by Check #287774 06/11/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 21,829.50

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000442 Sales Tax - Sales Tax 1.0000 Each 2,029.5000 2,029.50


2,029.50

2021-00000442 Water Meter Maintenance & Repair - Meter Reader Equipment

1.0000 Each 19,800.0000 19,800.00


19,800.00

Invoice Items 2




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount0760361-1 AMR SYSTEM SERVICES FOR

WATER DIVISIONPaid by Check #287774 06/21/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 8,158.50

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000442 Sales Tax - Sales Tax 1.0000 Each 758.5000 758.50


758.50

2021-00000442 Water Meter Maintenance & Repair - Meter Reader Equipment

1.0000 Each 7,400.0000 7,400.00


7,400.00

Invoice Items 2

Vendor 982 - Ferguson Enterprises, Inc (Pollard Water) Totals Invoices 3 $59,358.60Vendor 404 - Fiesta Cooperative Inc.11795 DIAL-A-TAXI JUNE 2021 Paid by Check #287775 06/30/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 6,755.82

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000026 Contracted Services - Six months of transit

Dial-A-Taxi services1.0000 Each 6,755.8200 6,755.82


NonCIP.9123 (Non Capital Improvement Project, MTA #130-02, Dial A Ride)

6,755.82

Invoice Items 1

Vendor 404 - Fiesta Cooperative Inc. Totals Invoices 1 $6,755.82Vendor 419 - Garvey Equipment Company139136 SMALL TOOLS FOR PARKS 211,

215, 223Paid by EFT #8506 06/29/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 820.20

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberSmall Tools & Equipment - SMALL TOOLS FOR PARKS 211, 215, 223

1.0000 Each 820.2000 820.20

G/L Account Project Amount100.40.4032-53500 (General Fund.Public Works.Park Maintenance-Small Tools & Equipment)

820.20

Invoice Items 1

Vendor 419 - Garvey Equipment Company Totals Invoices 1 $820.20Vendor 961 - Grainger




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount9943669565 SMALL TOOLS FOR WATER

DIVISIONPaid by Check #287776 06/24/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 83.31

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000050 Small Tools & Equipment - Specialty Tools and

Supplies for Water Division1.0000 Each 83.3100 83.31

G/L Account Project Amount550.40.4920-53500 (Water Authority.Public Works.Water Utility-Operations&Resources-Small Tools & Equipment)

83.31

Invoice Items 1

Vendor 961 - Grainger Totals Invoices 1 $83.31Vendor 985 - GRM Information Management Services, Inc0433217 MONTHLY SHREDDING SERVICES

6/1/21-6/30/21Paid by EFT #8507 06/30/2021 07/29/2021 06/30/2021 07/15/2021 07/29/2021 56.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000058 Contracted Services - File storage and

shredding services1.0000 Each 56.0000 56.00

G/L Account Project Amount100.12.1200-54500 (General Fund.City Clerk.City Clerk Administration-Contracted Services)

56.00

Invoice Items 1

Vendor 985 - GRM Information Management Services, Inc Totals Invoices 1 $56.00Vendor 436 - Horizon Nursery002970 2 NEW TREES Paid by Check #287777 06/17/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 83.98

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberSales Tax - 2 NEW TREES 1.0000 Each 7.9800 7.98


7.98

Tree Care - 2 NEW TREES 1.0000 Each 76.0000 76.00G/L Account Project Amount100.40.4030-54100 (General Fund.Public Works.Street Maintenance-Special Departmental Expenses)

76.00

Invoice Items 2002974 TREES FOR STREETS DIVISION Paid by Check #287777 06/24/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 233.15

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberSales Tax - TREES FOR STREETS DIVISION 1.0000 Each 22.1500 22.15


22.15




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount002974 TREES FOR STREETS DIVISION Paid by Check #287777 06/24/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 233.15

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberTree Care - TREES FOR STREETS DIVISION 1.0000 Each 211.0000 211.00


211.00

Invoice Items 2002975 1 NEW TREE Paid by Check #287777 06/29/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 41.99

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberSales Tax - 1 NEW TREE 1.0000 Each 3.9900 3.99


3.99

Tree Care - 1 NEW TREE 1.0000 Each 38.0000 38.00G/L Account Project Amount100.40.4030-54100 (General Fund.Public Works.Street Maintenance-Special Departmental Expenses)

38.00

Invoice Items 2

Vendor 436 - Horizon Nursery Totals Invoices 3 $359.12Vendor 1722 - Ice Star Refrigeration, LLC7934 REFRIGERATOR REPAIR-GOLF

COURSEPaid by Check #287778 06/15/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 373.11

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberDepartmental Expenses - REFRIGERATOR REPAIR-GOLF COURSE

1.0000 Each 373.1100 373.11

G/L Account Project Amount570.16.1620-52200 (Golf Course.Enterprise Functions.Pico Rivera Golf Course-Departmental Supplies)

373.11

Invoice Items 1

Vendor 1722 - Ice Star Refrigeration, LLC Totals Invoices 1 $373.11Vendor 181 - LA County Sheriffs Department212967VC PRV-TRANSIT/TRANSIENT

DEPUTY, 6/1/21-6/29/21Paid by Check #287779 07/14/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 3,638.25

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000179 Contracted Services - FY20/21 General Law

Enforcement Contract 1.0000 Each 3,638.2500 3,638.25

G/L Account Project Amount100.15.1500-54500 (General Fund.Law Enforcement.Law Enforcement Administration-Contracted Services)

3,638.25

Invoice Items 1

Vendor 181 - LA County Sheriffs Department Totals Invoices 1 $3,638.25





Vendor 1073 - LANDS' END, INC/BUSINESS OUTFITTERSSIN9325323 UNIFORMS FOR CODE OFFICERS Paid by EFT #8508 07/12/2021 07/29/2021 07/28/2021 07/21/2021 07/29/2021 878.90

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberUniforms - UNIFORMS FOR CODE OFFICERS 1.0000 Each 878.9000 878.90

G/L Account Project Amount100.30.3030-52250 (General Fund.Community & Economic Development.Neighborhood Services-Uniforms)

878.90

Invoice Items 1

Vendor 1073 - LANDS' END, INC/BUSINESS OUTFITTERS Totals Invoices 1 $878.90Vendor 1981 - M Vision Graphics Inc.6148 SENIOR CENTER SNEEZE

GUARDSPaid by Check #287780 06/28/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 4,080.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000447 Building-Equipment Maint/Repair - Custom

fabrication and install of sneeze guard at Senior Center

1.0000 Each 4,080.0000 4,080.00

G/L Account Project Amount100.80.8220-53300 (General Fund.Parks And Recreation.Senior Services-Equipment Maintenance & Repairs)

NonCIP.6615 (Non Capital Improvement Project, COVID-19 FEMA CARES Act)

4,080.00

Invoice Items 1

Vendor 1981 - M Vision Graphics Inc. Totals Invoices 1 $4,080.00Vendor 665 - MuniServices, LLCINV06-011909 UTILITY USER TAX, APRIL - JUNE

2021, UUT # 9765Paid by EFT #8509 06/24/2021 07/29/2021 06/30/2021 06/24/2021 07/29/2021 2,500.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000147 Professional Services - Utility user tax quarterly

fixed fee1.0000 Each 2,500.0000 2,500.00

G/L Account Project Amount100.20.2015-54400 (General Fund.Finance.Budget & Research-Professional Services)

2,500.00

Invoice Items 1

Vendor 665 - MuniServices, LLC Totals Invoices 1 $2,500.00Vendor 394 - Nationwide Environmental Services31658 GRAFFITI ABATEMENT FOR JUNE

2021Paid by EFT #8510 06/30/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 22,268.62

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000220 Contracted Services - Graffiti Abatement 1.0000 Each 20,000.0000 20,000.00


20,000.00




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount31658 GRAFFITI ABATEMENT FOR JUNE

2021Paid by EFT #8510 06/30/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 22,268.62

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000220 Graffiti Abatement - Graffiti Abatement 1.0000 Each 2,268.6200 2,268.62

G/L Account Project Amount100.40.4030-54640 (General Fund.Public Works.Street Maintenance-Graffiti Abatement)

2,268.62

Invoice Items 231742 FUEL ADJUSTMENT JUNE 2021 Paid by EFT #8510 06/30/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 2,668.77

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000212 Contracted Services - Fuel for street sweeping

service per Agreement 92-5051.0000 Each 611.5000 611.50


611.50

2021-00000212 Contracted Services - Street sweeping service per Agreement 92-505

1.0000 Each 2,057.2700 2,057.27


2,057.27

Invoice Items 231745 CATCH BASIN CLEANING APRIL,

MAY, JUNE 2021Paid by EFT #8510 06/30/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 5,406.75

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000261 Contracted Services - Storm Drain Catch Basin

Services 1.0000 Each 5,406.7500 5,406.75

G/L Account Project Amount100.40.4040-54500 (General Fund.Public Works.Storm Water-Contracted Services)

5,406.75

Invoice Items 1

Vendor 394 - Nationwide Environmental Services Totals Invoices 3 $30,344.14Vendor 688 - PARS48171 PARS CITY COUNCIL REP FEES,

APRIL 2021Paid by Check #287781 06/09/2021 07/29/2021 06/30/2021 06/16/2021 07/29/2021 300.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000064 Professional Services - PARS Rep Admin fees

for FY 2020-211.0000 Each 300.0000 300.00

G/L Account Project Amount100.90.9000-54400 (General Fund.Non-Departmental.City Wide Non-Departmental-Professional Services)

300.00

Invoice Items 1




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount48477 PARS CITY COUNCIL REP FEES,

MAY 2021Paid by Check #287781 07/08/2021 07/29/2021 06/30/2021 07/14/2021 07/29/2021 300.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000064 Professional Services - PARS Rep Admin fees

for FY 2020-211.0000 Each 300.0000 300.00

G/L Account Project Amount100.90.9000-54400 (General Fund.Non-Departmental.City Wide Non-Departmental-Professional Services)

300.00

Invoice Items 1

Vendor 688 - PARS Totals Invoices 2 $600.00Vendor 315 - Passage Entertainment 07092020CHPE AUDIO SET UP FOR CITY HALL

PRESS CONFERENCEPaid by Check #287782 07/08/2021 07/29/2021 07/28/2021 07/15/2021 07/29/2021 550.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberDepartmental Expenses - AUDIO SET UP FOR CITY HALL PRESS CONFERENCE

1.0000 Each 550.0000 550.00

G/L Account Project Amount100.10.1000-54100 (General Fund.City Council.City Council Administration-Special Departmental Expenses)

550.00

Invoice Items 108032021ND SOUND FOR NATIONAL NIGHT

OUTPaid by Check #287782 07/16/2021 07/29/2021 07/28/2021 07/22/2021 07/29/2021 800.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberContracted Services - SOUND FOR NATIONAL NIGHT OUT

1.0000 Each 800.0000 800.00

G/L Account Project Amount100.80.8102-54500 (General Fund.Parks And Recreation.Special Events-Contracted Services)

800.00

Invoice Items 1

Vendor 315 - Passage Entertainment Totals Invoices 2 $1,350.00Vendor 2063 - Public Risk, Innovation, Solutions & Mgmt (PRISM)22100124 EXCESS WORKERS

COMPENSATION PROGRAMPaid by EFT #8511 07/01/2021 07/29/2021 07/28/2021 07/28/2021 07/29/2021 126,840.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberInsurance & Surety Bonds - EXCESS WORKERS COMPENSATION PROGRAM

1.0000 Each 95,130.0000 95,130.00

G/L Account Project Amount100.90.9000-54700 (General Fund.Non-Departmental.City Wide Non-Departmental-Insurance & Surety Bond)

95,130.00




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount22100124 EXCESS WORKERS

COMPENSATION PROGRAMPaid by EFT #8511 07/01/2021 07/29/2021 07/28/2021 07/28/2021 07/29/2021 126,840.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberInsurance & Surety Bonds - EXCESS WORKERS COMPENSATION PROGRAM

1.0000 Each 31,710.0000 31,710.00

G/L Account Project Amount550.40.4900-54700 (Water Authority.Public Works.Water Utility - Admin Division-Insurance & Surety Bond)

31,710.00

Invoice Items 222500074 PROPERTY PROGRAM Paid by EFT #8511 07/01/2021 07/29/2021 07/28/2021 07/28/2021 07/29/2021 222,397.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberInsurance & Surety Bonds - PROPERTY PROGRAM

1.0000 Each 222,397.0000 222,397.00


222,397.00

Invoice Items 122300073 GENERAL LIABILITY 1 PROGRAM Paid by EFT #8511 07/09/2021 07/29/2021 07/28/2021 07/28/2021 07/29/2021 394,492.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberInsurance & Surety Bonds - GENERAL LIABILITY 1 PROGRAM

1.0000 Each 295,869.0000 295,869.00


295,869.00

Insurance & Surety Bonds - GENERAL LIABILITY 1 PROGRAM

1.0000 Each 98,623.0000 98,623.00


98,623.00

Invoice Items 222400272 MASTER CRIME PROGRAM Paid by EFT #8511 07/09/2021 07/29/2021 07/28/2021 07/28/2021 07/29/2021 7,747.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberInsurance & Surety Bonds - MASTER CRIME PROGRAM

1.0000 Each 7,747.0000 7,747.00


7,747.00

Invoice Items 1




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount22400381 CYBER LIABILITY PROGRAM Paid by EFT #8511 07/09/2021 07/29/2021 07/28/2021 07/28/2021 07/29/2021 4,501.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberInsurance & Surety Bonds - CYBER LIABILITY PROGRAM

1.0000 Each 4,501.0000 4,501.00


4,501.00

Invoice Items 122400557 POLLUTION PROGRAM Paid by EFT #8511 07/09/2021 07/29/2021 07/28/2021 07/28/2021 07/29/2021 13,097.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberInsurance & Surety Bonds - POLLUTION PROGRAM

1.0000 Each 13,097.0000 13,097.00


13,097.00

Invoice Items 122400629 OPTIONAL EXCESS LIABILITY

PROGRAMPaid by EFT #8511 07/14/2021 07/29/2021 07/28/2021 07/28/2021 07/29/2021 40,181.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberInsurance & Surety Bonds - OPTIONAL EXCESS LIABILITY PROGRAM

1.0000 Each 30,135.7500 30,135.75


30,135.75

Insurance & Surety Bonds - OPTIONAL EXCESS LIABILITY PROGRAM

1.0000 Each 10,045.2500 10,045.25


10,045.25

Invoice Items 2

Vendor 2063 - Public Risk, Innovation, Solutions & Mgmt (PRISM) Totals Invoices 7 $809,255.00Vendor 768 - Red Wing Shoe Store824-1-89357 SAFETY SHOES FOR JOSE R.

GUTIERREZPaid by EFT #8512 07/10/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 200.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000081 Uniforms - Steel toe safety boots for fields

staff1.0000 Each 200.0000 200.00

G/L Account Project Amount100.40.4030-52250 (General Fund.Public Works.Street Maintenance-Uniforms)

200.00

Invoice Items 1




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount989-1-46811 SAFETY SHOES FOR HENRY

CARINOPaid by EFT #8512 07/10/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 200.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000081 Safety Programs & Materials - Steel toe safety

Boots for Water Division. 1.0000 Each 43.3000 43.30

G/L Account Project Amount550.40.4920-54930 (Water Authority.Public Works.Water Utility-Operations&Resources-Safety Programs & Materials)

43.30

2021-00000081 Uniforms - Steel toe safety boots for fields staff

1.0000 Each 156.7000 156.70

G/L Account Project Amount100.40.4030-52250 (General Fund.Public Works.Street Maintenance-Uniforms)

156.70

Invoice Items 2133-1-142213 SAFETY SHOES FOR JAMES

RODRIGUEZPaid by EFT #8512 07/10/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 200.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberSafety Programs & Materials - SAFETY SHOES FOR JAMES RODRIGUEZ

1.0000 Each 200.0000 200.00


200.00

Invoice Items 1824-1-89171 SAFETY SHOES FOR MARIO

RODRIGUEZPaid by EFT #8512 07/10/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 200.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberSafety Programs & Materials - SAFETY SHOES FOR MARIO RODRIGUEZ

1.0000 Each 200.0000 200.00


200.00

Invoice Items 1

Vendor 768 - Red Wing Shoe Store Totals Invoices 4 $800.00Vendor 423 - Rio Hondo Community College District2021MISCCOPRQ413 4TH QUARTER APRIL-JUNE 2021

SERVICESPaid by Check #287783 06/30/2021 07/29/2021 06/30/2021 07/15/2021 07/29/2021 500.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000310 Contracted Services - Collaborative center of

lifelong learning 1.0000 Each 500.0000 500.00


NonCIP.9127 (Non Capital Improvement Project, MTA #110-04 and MTA #250-06 Bus Pass Buydown)

500.00

Invoice Items 1





Vendor 423 - Rio Hondo Community College District Totals Invoices 1 $500.00Vendor 143 - Riviera Finance, Assignee for: Pacific Catering802174-802229 VENDED MEALS SFSP WEEK OF

7/5/21-7/9/21Paid by Check #287784 07/13/2021 07/29/2021 07/28/2021 07/20/2021 07/29/2021 15,577.48





15,577.48

Invoice Items 1802234-802290 VENDED MEALS SFSP WEEK OF

7/12/21-7/16/21Paid by Check #287784 07/19/2021 07/29/2021 07/28/2021 07/21/2021 07/29/2021 15,657.52





15,657.52

Invoice Items 1

Vendor 143 - Riviera Finance, Assignee for: Pacific Catering Totals Invoices 2 $31,235.00Vendor 747 - Rousselle Company Inc. 2021-001862 RIVERA PARK PEST CONTROL

JUNE 2021Paid by EFT #8513 06/27/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 115.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000120 Contracted Services - Pest control services at

City facilities1.0000 Each 115.0000 115.00

G/L Account Project Amount100.40.4031-54500 (General Fund.Public Works.Facilities Maintenance-Contracted Services)

115.00

Invoice Items 12021-001863 HISTORICAL MUSEUM PEST

CONTROL JUNE 2021Paid by EFT #8513 06/27/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 55.00




55.00

Invoice Items 1




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount2021-001864 PARKS & RECREATION BUILDING

PEST CONTROL JUNE 2021Paid by EFT #8513 06/27/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 65.00




65.00

Invoice Items 12021-001865 CITY HALL PEST CONTROL JUNE

2021Paid by EFT #8513 06/27/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 240.00




240.00

Invoice Items 12021-001866 RIO VISTA PARK PEST CONTROL

JUNE 2021Paid by EFT #8513 06/27/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 65.00




65.00

Invoice Items 12021-001867 SMITH PARK PEST CONTROL

JUNE 2021Paid by EFT #8513 06/27/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 85.00




85.00

Invoice Items 1




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount2021-001868 SENIOR CENTER PEST CONTROL

JUNE 2021Paid by EFT #8513 06/27/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 65.00




65.00

Invoice Items 12021-001869 NATIVIDAD CENTER PEST





55.00

Invoice Items 12021-001870 YOUTH CENTER PEST CONTROL

JUNE 2021Paid by EFT #8513 06/27/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 65.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberContracted Services - YOUTH CENTER PEST CONTROL JUNE 2021

1.0000 Each 65.0000 65.00


65.00

Invoice Items 12021-001871 RIO HONDO PARK PEST


P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberContracted Services - RIO HONDO PARK PEST CONTROL JUNE 2021

1.0000 Each 45.0000 45.00


45.00

Invoice Items 1




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount2021-001871-A RIO HONDO PARK PEST





20.00

Invoice Items 12021-001872 STREAMLAND PARK PEST


P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberContracted Services - STREAMLAND PARK PEST CONTROL JUNE 2021

1.0000 Each 45.0000 45.00


45.00

Invoice Items 12021-001873 PICO PARK PEST CONTROL JUNE

2021Paid by EFT #8513 06/27/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 115.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberContracted Services - PICO PARK PEST CONTROL JUNE 2021

1.0000 Each 115.0000 115.00


115.00

Invoice Items 1

Vendor 747 - Rousselle Company Inc. Totals Invoices 13 $1,035.00Vendor 378 - RSG, IncI007406 SUCCESSOR AGENCY SERVICES,

JUNE 2021Paid by EFT #8514 06/30/2021 07/29/2021 06/30/2021 07/14/2021 07/29/2021 40.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000299 Contracted Services - FY 20-21 Successor

Agency Services- PPA, ROPS and Add Admin Serv

1.0000 Each 40.0000 40.00

G/L Account Project Amount851.50.5000-54500 (Successor - Debt Service.Successor Agency.Successor Agency Administration-Contracted Services)

40.00

Invoice Items 1

Vendor 378 - RSG, Inc Totals Invoices 1 $40.00Vendor 726 - S & J Supply Co., Inc.




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountS100173874.002 MAINTENANCE AND SERVICE

REPAIRSPaid by Check #287785 06/16/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 3,508.16

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000075 Departmental Expenses - Acquisition of

general waterworks supplies for FY 20-211.0000 Each 3,508.1600 3,508.16

G/L Account Project Amount550.40.4920-54100 (Water Authority.Public Works.Water Utility-Operations&Resources-Special Departmental Expenses)

3,508.16

Invoice Items 1S100175930.001 MAINTENANCE AND SERVICE

REPAIRSPaid by Check #287785 06/18/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 570.51


general waterworks supplies for FY 20-211.0000 Each 570.5100 570.51


570.51






246.91






246.91

Invoice Items 1




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountS100176072.001 MAINTENANCE AND SERVICE





318.24






211.89

Invoice Items 1

Vendor 726 - S & J Supply Co., Inc. Totals Invoices 6 $5,102.62Vendor 56 - S & S WorldwideIN100783567 REACH SUPPLIES Paid by Check #287786 06/16/2021 07/29/2021 06/30/2021 07/20/2021 07/29/2021 95.32

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000123 Departmental Expenses - Increase to purchase

supplies1.0000 Each 95.3200 95.32

G/L Account Project Amount100.80.8110-52200 (General Fund.Parks And Recreation.Camps-Departmental Supplies)

NonCIP.1891 (Non Capital Improvement Project, Day Camp)

95.32

Invoice Items 1IN100783762 REACH SUPPLIES Paid by Check #287786 06/16/2021 07/29/2021 06/30/2021 07/20/2021 07/29/2021 2,113.91

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000123 Departmental Expenses - Increase to purchase

supplies1.0000 Each 64.5000 64.50

G/L Account Project Amount100.80.8110-52200 (General Fund.Parks And Recreation.Camps-Departmental Supplies)


64.50

2021-00000123 Departmental Expenses - Various REACH sports supplies

1.0000 Each 2,049.4100 2,049.41



2,049.41

Invoice Items 2

Vendor 56 - S & S Worldwide Totals Invoices 2 $2,209.23




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountVendor 706 - Salgado Tire Service4614 TIRE REPAIR FOR UNIT # 292 Paid by Check #287787 04/26/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 314.60

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberProfessional Services - TIRE REPAIR FOR UNIT # 292

1.0000 Each 314.6000 314.60

G/L Account Project Amount100.40.4033-54400 (General Fund.Public Works.Fleet Maintenance-Professional Services)

314.60

Invoice Items 1

Vendor 706 - Salgado Tire Service Totals Invoices 1 $314.60Vendor 154 - Southland Transit, Inc.PR JUNE-2021 PR DIAL A RIDE SERVICE JUNE

2021Paid by EFT #8515 07/07/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 24,552.04

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000027 Contracted Services - Change Order-Budget

increase for contracted services 1.0000 Each 6,462.2500 6,462.25



6,462.25

2021-00000027 Contracted Services - Six months of transit dial-a-van services

1.0000 Each 18,089.7900 18,089.79



18,089.79

Invoice Items 2

Vendor 154 - Southland Transit, Inc. Totals Invoices 1 $24,552.04Vendor 1800 - Tanko Streetlighting, Inc66726 INSTALLATION OF STREET

LIGHTS AND MATERIALSPaid by EFT #8516 06/10/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 39,781.40

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2020-00000251 Contracted Services - Professional Service

Agreement FY19-201.0000 Each 39,781.4000 39,781.40


NonCIP.29260 (Non Capital Improvement Project, Street Light Acquisition)

39,781.40

Invoice Items 1

Vendor 1800 - Tanko Streetlighting, Inc Totals Invoices 1 $39,781.40Vendor 1277 - The Nelrod Company




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountZRCS81101 RENTAL MARKET

COMPARABILITY STUDYPaid by Check #287788 06/17/2021 07/29/2021 06/30/2021 07/20/2021 07/29/2021 640.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberDepartmental Supplies - RENTAL MARKET COMPARABILITY STUDY

1.0000 Each 640.0000 640.00

G/L Account Project Amount291.30.3090-52200 (Housing - Section 8.Community & Economic Development.Housing-Departmental Supplies)

640.00

Invoice Items 1

Vendor 1277 - The Nelrod Company Totals Invoices 1 $640.00Vendor 312 - Tyler Technologies, Inc.045-342767 MANAGEMENT TRAINING 2020-

119298Paid by Check #287789 05/31/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 350.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000390 Software - NWS-PAYROLL/ HR "LEAVE MGMT"

#2020-119298 FIN1.0000 Each 350.0000 350.00

G/L Account Project Amount100.20.2000-52800 (General Fund.Finance.Finance Administration-Software)

350.00

Invoice Items 1

Vendor 312 - Tyler Technologies, Inc. Totals Invoices 1 $350.00Vendor 550 - Uhaul5400064991 PROPANE Paid by Check #287790 10/03/2020 07/29/2021 06/30/2021 07/22/2021 07/29/2021 83.51

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberDepartmental Expenses - PROPANE 1.0000 Each 83.5100 83.51

G/L Account Project Amount100.40.4033-54100 (General Fund.Public Works.Fleet Maintenance-Special Departmental Expenses)

83.51

Invoice Items 1

Vendor 550 - Uhaul Totals Invoices 1 $83.51Vendor 956 - United Rentals Northwest, Inc194935074-001 FORKLIFT RENTAL Paid by Check #287791 06/16/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 759.70

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberDepartmental Expenses - FORKLIFT RENTAL 1.0000 Each 759.7000 759.70


759.70

Invoice Items 1

Vendor 956 - United Rentals Northwest, Inc Totals Invoices 1 $759.70




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountVendor 607 - VERNOLA'S TOWING SERVICE38264 TOWING SERVICE FOR UNIT

#296Paid by Check #287792 06/18/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 125.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberAutomotive-Parts & Supplies - TOWING SERVICE FOR UNIT #296

1.0000 Each 125.0000 125.00

G/L Account Project Amount550.40.4920-53100 (Water Authority.Public Works.Water Utility-Operations&Resources-Automobile Supplies )

125.00

Invoice Items 1

Vendor 607 - VERNOLA'S TOWING SERVICE Totals Invoices 1 $125.00Vendor 695 - Vulcan Materials Co.72992642 ASPHALT FOR STREET DIVISION Paid by EFT #8517 06/30/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 128.66


1.0000 Each 128.6600 128.66


128.66

Invoice Items 172995564 ASPHALT FOR STREET DIVISION Paid by EFT #8517 06/30/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 131.14


1.0000 Each 131.1400 131.14


131.14

Invoice Items 172990169 ASPHALT FOR WATER DIVISION Paid by EFT #8517 06/28/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 89.80

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberAsphalt Maintenance - ASPHALT FOR WATER DIVISION

1.0000 Each 89.8000 89.80

G/L Account Project Amount550.40.4920-54605 (Water Authority.Public Works.Water Utility-Operations&Resources-Asphalt Maintenance)

89.80

Invoice Items 1




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount72995565 ASPHALT FOR WATER DIVISION Paid by EFT #8517 06/30/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 170.82

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberAsphalt Maintenance - ASPHALT FOR WATER DIVISION

1.0000 Each 170.8200 170.82

G/L Account Project Amount550.40.4920-54605 (Water Authority.Public Works.Water Utility-Operations&Resources-Asphalt Maintenance)

170.82

Invoice Items 1

Vendor 695 - Vulcan Materials Co. Totals Invoices 4 $520.42Vendor 758 - Waxie Sanitary Supply80078420 MAINTENANCE SUPPLIES FOR

PARKSPaid by EFT #8518 06/11/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 831.64

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000107 Building & Grounds Maintenance - Janitorial &

maintenance supplies for park facilities1.0000 Each 831.6400 831.64


831.64

Invoice Items 180088170 MAINTENANCE SUPPLIES FOR

PARKSPaid by EFT #8518 06/16/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 114.75

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000107 Building & Grounds Maintenance - Janitorial &

maintenance supplies for park facilities1.0000 Each 114.7500 114.75


114.75

Invoice Items 1

Vendor 758 - Waxie Sanitary Supply Totals Invoices 2 $946.39Vendor 781 - West Coast Sand & Gravel, Inc.382418 MAINTENANCE AND SERVICE


P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberDepartmental Expenses - MAINTENANCE AND SERVICE REPAIRS

1.0000 Each 635.7200 635.72


635.72

Invoice Items 1

Vendor 781 - West Coast Sand & Gravel, Inc. Totals Invoices 1 $635.72Vendor 150 - Western Water Works




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount1213430-00 MAINTENANCE AND SERVICE

REPAIRSPaid by EFT #8519 06/18/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 1,138.29

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000154 Departmental Expenses - Main and Service

Repair Materials and Supply 1.0000 Each 1,138.2900 1,138.29


1,138.29

Invoice Items 11213822-00 MAINTENANCE AND SERVICE

REPAIRSPaid by EFT #8519 06/25/2021 07/29/2021 06/30/2021 07/22/2021 07/29/2021 1,764.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000154 Departmental Expenses - Main and Service

Repair Materials and Supply 1.0000 Each 1,764.0000 1,764.00


1,764.00

Invoice Items 1

Vendor 150 - Western Water Works Totals Invoices 2 $2,902.29Vendor 354 - Willdan Engineering00621389 PROF SVCS THRU 5/28/21, PR

CITYWIDE PAVEMENT REHABPaid by EFT #8520 06/30/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 15,869.50

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract Number2021-00000391 Contracted Services - Chg Order- Add serv for

resident resurfacing overlay & Recon 1.0000 Each 15,869.5000 15,869.50

G/L Account Project Amount305.70.7300-54500 (2018 Series A Cert of Part.Capital Improvement Projects.Capital Improvement Projects-Contracted Services)

50048 ((S) Residential Resurfacing Program - Overlay & Reconstruction)

15,869.50

Invoice Items 1

Vendor 354 - Willdan Engineering Totals Invoices 1 $15,869.50Vendor 530 - WONDRIES FLEET GROUP622110 MAINTENANCE AND REPAIR FOR


P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberAutomotive-Parts & Supplies - MAINTENANCE AND REPAIR FOR UNIT #284

1.0000 Each 486.9900 486.99


486.99

Invoice Items 1





UNIT #293 & #111Paid by Check #287794 06/24/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 573.43

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberAutomotive-Parts & Supplies - MAINTENANCE AND REPAIR FOR UNIT #293 & #111

1.0000 Each 519.1200 519.12


519.12

Automotive-Parts & Supplies - MAINTENANCE AND REPAIR FOR UNIT #293 & #111

1.0000 Each 54.3100 54.31


54.31



P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberProfessional Services - MAINTENANCE AND REPAIR FOR UNIT #222

1.0000 Each 695.0100 695.01

G/L Account Project Amount100.40.4033-54400 (General Fund.Public Works.Fleet Maintenance-Professional Services)

695.01

Invoice Items 1

Vendor 530 - WONDRIES FLEET GROUP Totals Invoices 3 $1,755.43Vendor A & D TRANSPORTATION2021TRANAD TRANSPORTATION FOR TEEN

CAMP 7/14 & 7/20/21Paid by Check #287796 07/21/2021 07/29/2021 07/28/2021 07/21/2021 07/29/2021 480.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberContracted Services - TRANSPORTATION FOR TEEN CAMP 7/14 & 7/20/21

1.0000 Each 480.0000 480.00


NonCIP.9105 (Non Capital Improvement Project, MTA #140-01, Recreation Transit)

480.00

Invoice Items 1

Vendor A & D TRANSPORTATION Totals Invoices 1 $480.00Vendor BREWJERIA COMPANY, LLC




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount2021CDBGBC SMALL BUSINESS GRANT

PROGRAMPaid by Check #287797 07/28/2021 07/29/2021 06/30/2021 07/28/2021 07/29/2021 10,000.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberContracted Services - SMALL BUSINESS GRANT PROGRAM

1.0000 Each 10,000.0000 10,000.00



10,000.00

Invoice Items 1

Vendor BREWJERIA COMPANY, LLC Totals Invoices 1 $10,000.00Vendor ISELA TEJEDA / CALIFORNIA SERVICES2021CDBGIT SMALL BUSINESS GRANT



1.0000 Each 10,000.0000 10,000.00



10,000.00

Invoice Items 1

Vendor ISELA TEJEDA / CALIFORNIA SERVICES Totals Invoices 1 $10,000.00Vendor MANUELA CASTANEDA2021RFNDMCAS Refund/Rtn Overpayment Paid by Check #287799 07/21/2021 07/29/2021 06/30/2021 07/21/2021 07/29/2021 20.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberRefund/Rtn Overpayment 1.0000 Each 20.0000 20.00

G/L Account Project Amount100.00.0000-46300 (General Fund.Non-Departmental Revenue.Non-Departmental Revenue-Parking Permit)

20.00

Invoice Items 1

Vendor MANUELA CASTANEDA Totals Invoices 1 $20.00Vendor DGA PLUS INC. / PORVIDA NATURAL NUTRITION2021CDBGDG SMALL BUSINESS GRANT



1.0000 Each 10,000.0000 10,000.00



10,000.00

Invoice Items 1




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net AmountVendor DGA PLUS INC. / PORVIDA NATURAL NUTRITION Totals Invoices 1 $10,000.00

Vendor DOORIONE, INC. STAR CRAB2021CDBGDI SMALL BUSINESS GRANT



1.0000 Each 10,000.0000 10,000.00



10,000.00

Invoice Items 1

Vendor DOORIONE, INC. STAR CRAB Totals Invoices 1 $10,000.00Vendor JONATHAN FLORES2021REIMJF FUEL CHARGES FOR CITY

VEHICLE #132Paid by Check #287802 07/20/2021 07/29/2021 07/28/2021 07/20/2021 07/29/2021 60.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberMileage Reimbursement - FUEL CHARGES FOR CITY VEHICLE #132

1.0000 Each 60.0000 60.00

G/L Account Project Amount100.30.3000-53200 (General Fund.Community & Economic Development.Comm Econ Dev Administration-Mileage Reimbursement)

60.00

Invoice Items 1

Vendor JONATHAN FLORES Totals Invoices 1 $60.00Vendor ALFONSO R LORA / NATURAL CHOICE HEALTH FOODS2021CDBGAL SMALL BUSINESS GRANT



1.0000 Each 10,000.0000 10,000.00



10,000.00

Invoice Items 1

Vendor ALFONSO R LORA / NATURAL CHOICE HEALTH FOODS Totals Invoices 1 $10,000.00Vendor PT PICO INC.




Invoice Number Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Net Amount2021CDBGPT SMALL BUSINESS GRANT



1.0000 Each 10,000.0000 10,000.00



10,000.00

Invoice Items 1

Vendor PT PICO INC. Totals Invoices 1 $10,000.00Vendor SUN LA NAILS, INC2021CDBGSL SMALL BUSINESS GRANT



1.0000 Each 10,000.0000 10,000.00



10,000.00

Invoice Items 1

Vendor SUN LA NAILS, INC Totals Invoices 1 $10,000.00Vendor SWRCB-DWOCP2021CERTSW CERTIFICATION FEE FOR WATER

SYSTEMS OPERATOR CERTIFICATE

Paid by Check #287806 07/22/2021 07/29/2021 07/28/2021 07/22/2021 07/29/2021 70.00

P.O. Number Item Description Quantity U/M Amount/Unit Total Amount Vendor Catalog Part Number Contract NumberMembership & Dues - CERTIFICATION FEE FOR WATER SYSTEMS OPERATOR CERTIFICATE

1.0000 Each 70.0000 70.00

G/L Account Project Amount550.40.4900-52600 (Water Authority.Public Works.Water Utility - Admin Division-Membership & Dues)

70.00

Invoice Items 1

Vendor SWRCB-DWOCP Totals Invoices 1 $70.00

Grand Totals Invoices 121 $1,248,152.90



From: City Manager


Subject: RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENTS AND ACCEPTANCE OF A GRANT AWARD FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION SUSTAINABLE TRANSPORTATION PLANNING GRANT PROGRAM FOR THE HISTORIC WHITTIER BOULEVARD MULTI-MODAL REVITALIZATION PLAN

Recommendation:

1. Approve a resolution authorizing the execution of agreements with the CaliforniaDepartment of Transportation (Caltrans);

2. Accept the Grant Award in the amount of $332,000 from the Caltrans SustainableTransportation Planning Grant Program for the Historic Whittier Boulevard Multi-Modal Revitalization Plan;

3. Amend the fiscal year (FY) 2021-22 budget to appropriate $332,000 from theCaltrans Sustainable Transportation Planning Grant Program for the HistoricWhittier Boulevard Multi-Modal Revitalization Plan within the Miscellaneous StateGrants (Fund 299), Account No. 699.11.1110-54500-NonCIP.4687; and

4. Amend the FY 2021-22 budget to appropriate $25,015 from Measure R LocalReturn (Fund 207), Account No. 207.20.11.1110-54500-NonCIP.4687.

Fiscal Impact:

Based on the estimated project cost of $375,015 to develop the Historic Whittier Boulevard Multimodal Revitalization Plan, Caltrans is awarding a grant in the amount of $332,000 and the City has committed to a local match of $43,015. An additional appropriation is needed in the amount of $332,000 from the Miscellaneous State Grants Fund (Fund 299), Account No. 699.11.1110-54500-NonCIP.4687 (Contracted Services) to properly expend these grant funds. The local match is comprised of $18,015 of in-kind staff time through the approved FY 2021-2023 budget and $25,000 to be appropriated from Measure R Local Return Funds (Fund 207), Account No. 207.20.11.1110-54500-

6

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENTS AND ACCEPTANCE OF A GRANT AWARD FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION SUSTAINABLE TRANSPORTATION PLANNING GRANT PROGRAM FOR THE HISTORIC WHITTIER BOULEVARD MULTI-MODAL REVITALIZATION PLAN Page 2 of 4 NonCIP.4687. There is no additional appropriation needed from the General Fund at this time. Background: The California Department of Transportation (Caltrans) issued a competitive call for grant proposals for their FY 2021-22 Sustainable Transportation Planning Grant Program in February 2021. The Grant Program was created to support Caltrans’ mission: provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability. Governor Edmund G. Brown Jr. signed into law, Senate Bill (SB) 1, the Road Repair and Accountability Act of 2017, a transportation funding bill that will provide a reliable source of funds to maintain and integrate the State’s multi-modal transportation system. In addition to the $9.5 million in traditional State and federal grants, approximately $25 million in SB 1 funds for Sustainable Communities Grants became available for the FY 2021-22 grant cycle. The SB 1 grant funding is intended to support and implement the Southern California Association of Governments’ (SCAG) Regional Transportation Plan/Sustainable Communities Strategies (RTP/SCS) and to ultimately achieve the State’s greenhouse gas (GHG) reduction targets of 40 and 80% below 1990 levels by 2030 and 2050, respectively. Eligible planning projects must have a transportation nexus per Article XIX Sections 2 and 3 of the California Constitution, therefore, successful planning projects are expected to directly benefit the multi-modal transportation system. These grants will also improve public health, social equity, environmental justice, the environment and provide other important community benefits. According to Caltrans, a statewide total of 169 grant applications were received with a total value of approximately $55 million in funding requests. Based on a rigorous evaluation process, Caltrans selected 59 applications (35% of the total submitted applications) representing over $21.5 million in awarded grants. The City of Pico Rivera (City) has been selected as one of five applicants in Caltrans District 7 to be awarded a grant. The other awardees include LA Metro, the City of Los Angeles, Culver City and the City of Covina. Discussion: The City is facing significant and ongoing challenges resulting from a wide array of state and federal mandates (e.g. GHG reductions, ADA, water quality, housing stock); major

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENTS AND ACCEPTANCE OF A GRANT AWARD FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION SUSTAINABLE TRANSPORTATION PLANNING GRANT PROGRAM FOR THE HISTORIC WHITTIER BOULEVARD MULTI-MODAL REVITALIZATION PLAN Page 3 of 4 regional projects (e.g., Metro Gold Line, Whittier Narrows Dam, etc.); economic hardships (e.g., COVID-19, inflation, business closures, etc.); and local infrastructure needs to name a few. Staff undertook an in-depth analysis to identify a broad range of opportunities capable of comprehensively addressing these challenges. In summary, staff applied filter criteria and determined that intentional and targeted public investments in local corridors with regional significance such as commercial arterials and rivers offer substantial prospect for community, economic and environmental revitalization. Commercial corridors such as Washington Boulevard, Rosemead Boulevard and Whittier Boulevard elevated to a level of high priority given their strong potential for achieving local goals while contributing to regional, state and national goals. Staff evaluated the goals, objectives and guidelines of the Caltrans FY 2021-22 Sustainable Transportation Planning Grant and determined that Whittier Boulevard had the strongest likelihood to be competitive in a state-wide call for funds. Staff proceeded to develop and submit a grant proposal for the Historic Whittier Boulevard Multimodal Revitalization Plan. Whittier Boulevard is a six-lane roadway with over 30,000 average vehicle trips per day and has experienced 36 pedestrian and bicycle collisions within the proposed project area from 2014-2019. Moreover, multiple lanes of high-volume traffic with short signal crossing times have created hazardous conditions for vulnerable road users such as seniors, youth, pedestrians and bicyclists. Abundant empirical evidence in transportation research concludes that vehicular traffic, especially single or low-occupancy vehicle traffic, is a major detractor to local and regional air quality, further threatening the health of the environment and the public. Furthermore, Whittier Boulevard is comprised of disjointed retail strips, dilapidated multi-unit housing, and road designs that prioritize vehicles over people. For a historic thoroughfare, the corridor also lacks a sense of identity, a unified brand, and a commonly-shared vision for a prosperous Whittier Boulevard. To change this trajectory, the City is formally partnering with two (2) non-profit organizations with deep-rooted experience in community engagement and community revitalization. The Local Government Commission (LGC) will support the City with overall project management while the Public Health Advocates provide aid with comprehensive outreach and engagement. The Historic Whittier Boulevard Multimodal Revitalization Plan will undertake a collaborative, community-based planning effort to:

Establish a collaborative vision and cross-sector constituency committed to the transformation of Whittier Boulevard into a high-quality multi-modal corridor utilizing Smart Mobility Framework and Compete Streets principles;

Develop community-driven design concepts and implementation steps that improve conditions for walking, bicycling, transit and transit-supportive

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENTS AND ACCEPTANCE OF A GRANT AWARD FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION SUSTAINABLE TRANSPORTATION PLANNING GRANT PROGRAM FOR THE HISTORIC WHITTIER BOULEVARD MULTI-MODAL REVITALIZATION PLAN Page 4 of 4

development to serve the needs of all modes and users; Conduct extensive public participatory processes to identify strategies that

improve safety, promote active modes of transportation, support first and last-mile connections to transit, and promote infill and revitalization; and

Support the State and Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) goals of reducing vehicle miles traveled and GHG emissions, maximizing mobility and accessibility, preserving and ensuring a sustainable regional transportation system, protecting the environment and supporting healthy and equitable communities.

Project Timeline Upon acceptance of the Grant, City staff and partners will schedule a project coordination kick-off meeting by November of 2021. The following months will be dedicated to formulating a collaborative public participation plan and procuring a professional service provider with expertise in urban planning and design, transportation, civil engineering, and community engagement. The community-oriented planning process is expected to commence in the spring of 2022. An initial draft of the plan is expected to circulate by summer 2023. After incorporating and responding to comments, the final plan is expected to be brought to council for formal adoption in the fall of 2023. Conclusion: After a careful and subjective analysis, staff determined that revitalizing Whittier Boulevard is well aligned with City Council priorities, regional goals and contributes to state and federal mandates. This Caltrans Sustainable Transportation Planning Grant will serve as the official launch of a robust, community-based planning process to rethink, re-envision and revitalize Whittier Boulevard. Steve Carmona SC:KT:JH:smc Enclosure: 1) Resolution

cayala

Steve Carmona

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, AUTHORIZING THE EXECUTION OF AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CITY OF PICO RIVERA HISTORIC WHITTIER BOULEVARD MULTI-MODAL REVITALIZATION PLAN

WHEREAS, the City of Pico Rivera (the “City”) is eligible to receive Federal and/or State funding for certain transportation planning related plans, through the California Department of Transportation; and

WHEREAS, a restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be claimed through the Transportation Planning Grant Programs; and

WHEREAS, the City wishes to delegate authorization to execute these agreements and any amendments thereto.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation.

SECTION 1. The City Clerk shall attest to the passage of this resolution and it shall thereupon be in full force and effect.

APPROVED AND PASSED this 10th day of August, 2021.

___________________________ Raul Elias, Mayor


______________________________ ________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman

City Attorney


ENCLOSURE 1

6a


From: City Manager


Subject: RESOLUTION AUTHORIZING THE APPLICATIONS, ACCEPTANCE OF FUNDS AND ADMINISTRATION FOR MEASURE A GRANT FUNDS

Recommendation:

1. Approve a resolution authorizing the filing of applications, acceptance of fundsand administration of Measure A grant funding for park, recreation, open spaceprograms, and projects and their maintenance; and

2. Authorize the City Manager to execute all related grant documents.

Fiscal Impact:

The recommended action is required in order to accept funds from the Los Angeles County Regional Park and Open Space District (LARPOSD). Funding received will help offset the General Fund to complete park and recreation facility improvements or help create new recreational opportunities for the community.

Background:

In November 2016, Los Angeles County voters approved the Safe, Clean Neighborhood Parks and Beaches Measure of 2016 (Measure A), which authorizes dedicated local funding for park, recreation, and open space projects and their maintenance through an annual special tax of 1.5 cents per square foot of building floor area on all taxable real property in the County. Measure A makes funding available to eligible recipients for projects that repair and upgrade parks and recreational facilities, create new parks, preserve and protect open spaces and beaches, and support recreational programming.

Measure A funds are divided into three (3) main categories: 1) Annual allocations, 2) Competitive grants and 3) Maintenance and servicing funds. The annual allocation, and maintenance and servicing funds, are predetermined amounts of money appropriated to each participating city or agency and were initially based upon the 2016 Los Angeles Countywide Comprehensive Park and Recreation Needs Assessment. The needs assessment will be updated on an on-going basis, now referred to as the Unified Countywide Comprehensive Parks Needs Assessment (UPNA). The Measure A

7

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 RESOLUTION AUTHORIZING THE APPLICATIONS, ACCEPTANCE OF FUNDS AND ADMINISTRATION FOR MEASURE A GRANT FUNDS Page 2 of 3 competitive grants program will occur in two (2) year cycles and will target specific goals such as recreation access or youth recreation training and employment. Annual allocations are dependent upon actual taxes collected and can vary from year to year. Agencies are informed of their annual allocation amounts on the 15th of September for each following year. No matching funds are required to receive these funds. To date the City has been allocated $596,243 in Measure A funding and anticipates receiving at least another $200,000 in September of this year.

City of Pico Rivera Measure A Annual Allocation

FY 2018-19 $187,822 FY 2019-20 $196,342 FY 2020-21 $212,079

Est. FY 2021-22 $200,000 TOTAL: $796,243

Discussion: City Council initially approved Resolution No. 7036 on October 8, 2019, allowing the City Manager to apply for and administer allocated Measure A funds. However, the Measure A funding guidelines were revised in April 2021 due to litigation brought against LARPOSD. Therefore, City Council is once again required to approve a new resolution recognizing the new guidelines. Changes to these guidelines include the adoption of reimbursement only awards and allocations for municipalities and other issues associated with the way funding is dispersed for competitive funds to non-profit agencies. Upon approval of the resolution, the City will be able to request the use of Measure A funds. Once these requests are approved by the LARPOSD, projects can then encumber funds and request reimbursement of expenses made. In September 2021, and once the FY 2021-22 allocation is received, staff will be submitting a new application requesting the use of all annual allocations to-date, to assist with mitigation efforts related to much needed Smith Park Aquatic Center repairs. These allocations will be used in conjunction with other grant monies to close the gap in funding, allowing the project to be completed. Conclusion: Staff recommends the approval of a resolution authorizing the application, acceptance, and administration of Measure A grant funds and execution of all related grant documents by the City Manager. This grant would allow for improvements to park and

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 RESOLUTION AUTHORIZING THE APPLICATIONS, ACCEPTANCE OF FUNDS AND ADMINISTRATION FOR MEASURE A GRANT FUNDS Page 3 of 3 recreation facilities and programs on an on-going basis without use of General Fund dollars. Steve Carmona SC:PY:kt Enclosure: 1) Resolution

cayala

Steve Carmona

RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, APPROVING THE ACCEPTANCE OF MEASURE A FUNDS FROM THE LOS ANGELES COUNTY SAFE, CLEAN NEIGHBORHOOD PARKS AND BEACHES MEASURE OF 2016

WHEREAS, the people of Los Angeles County have enacted Measure A, the Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure approved by voters on November 8, 2016, which provides for the funding of park, recreation, and open space projects and their maintenance; and

WHEREAS, the Regional Park and Open Space District (“RPOSD”) has been delegated the responsibility by Los Angeles County for the administration of all Measure A funds and programs, setting up necessary procedures governing application(s) and fund allocation(s); and

WHEREAS, said procedures established by the RPOSD require the grantee’s Governing Body to certify by resolution the approval of application(s), acceptance, and administration of any and all Measure A funds; and

WHEREAS, the grantee will enter into an agreement with Los Angeles County to complete project(s).


APPROVES THE FILING OF PROJECT APPLICATION(S), ACCEPTANCE OF FUNDS, AND ADMINISTRATION FOR MEASURE A GRANT PROJECTS; and

SECTION 1. Certifies that as an “applicant” has or will have available, prior to commencement of project work utilizing measure a grant funds, has sufficient funds, including those provided by this grant, to complete the project; and

SECTION 2. Certifies that the applicant has or will provide sufficient funds necessary to complete, operate and maintain the projects; and

SECTION 3. Certifies that as the applicant, it has reviewed, understands, and agrees to the terms of the proposed RPOSD Grant Agreement per the Grants Administration Manual for Measure A (published April 2021); and

SECTION 4. Delegates the authority to the City Manager, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scopes; and

7a

ktorres

Typewritten Text

ktorres

Typewritten Text

ENCLOSURE 1


SECTION 5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines; and

SECTION 6. The City Clerk shall attest to the passage of this resolution and it shall

thereupon be in full force and effect.

APPROVED AND PASSED this 10th day of August, 2021.

___________________________________

Raul Elias, Mayor ATTEST: APPROVED AS TO FORM: ______________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES: NOES: ABSENT: ABSTAIN:

To: Mayor and City Council From: City Manager


Subject: APPROVE AMENDMENT NO. 2 TO AGREEMENT NO.15-1615 TO RENEW THE TYLER TECHNOLOGIES (NEW WORLD SYSTEMS SOFTWARE LICENSE, MAINTENANCE AND SUPPORT) AGREEMENT FOR THE CITY OF PICO RIVERA FINANCIAL SYSTEM

Recommendation:

1. Authorize the City Manager to execute the renewal clause in the maintenanceand support agreement with Tyler Technologies, the parent company of NewWorld Systems, Inc. (NWS) for the continued maintenance and support of theCity of Pico Rivera’s financial system, for an amount not-to-exceed $84,000 forfiscal year (FY) 2021-22 by executing Amendment No. 2 (Enclosure 1) to theoriginal software license and service Agreement No. 15-1615, dated August10, 2015 (Enclosure 3).

Fiscal Impact:

Costs associated with the agreement are estimated at $84,000 for FY 2021-22 to support and maintain the City’s financial system.

In July 2015, the City Council approved $820,000 for the implementation and software maintenance costs of the New World Systems (NWS) software, which included $300,000 for four (4) years of maintenance and support fees. The original contract expired at the end of August 2020. On September 8, 2020, the City Council approved the renewal of the Tyler Technologies Agreement (Enclosure 2).

The renewal amount of $84,000 has been included in the FY 2021-22 adopted budget, within the General Fund (Account No. 100.20.6040-52805), Software Licensing. No additional appropriations are needed at this time.

Discussion:

Tyler Technologies and the City desire to renew the maintenance and support services agreement expiring on August 31, 2022. NWS software has been an effective and efficient Enterprise Resource Planning (ERP) system and has been utilized citywide since September 2016. This includes licensing for all modules required for the various

8

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 APPROVE AMENDMENT NO. 2 TO AGREEMENT NO.15-1615 TO RENEW THE TYLER TECHNOLOGIES (NEW WORLD SYSTEMS SOFTWARE LICENSE, MAINTENANCE AND SERVICES) AGREEMENT FOR THE CITY OF PICO RIVERA FINANCIAL SYSTEM Page 2 of 2 workflows in the Finance and Human Resources departments such as Accounts Receivable, Payment Processing and Purchase Orders, Payroll Processing, generating reports such as internal audits and required State and Federal reports, and more. NWS software is an all-encompassing system maintaining the financial record-keeping for the City. As the City continues to implement the 3Di/311 Virtual City Hall project, staff expects that some of the applications currently offered by NWS will be redundant and therefore can be eliminated from the contract. Therefore, staff is recommending a one-year extension of the current contract, with an option to reassess future years’ needs. The annual maintenance renewal fee for the proposed period has seen a modest increase of 5% over the prior year, going from $79,541 to around $84,000. Conclusion: Staff recommends the approval of a renewal of the Tyler Technologies NWS software license, maintenance and service agreement for the City’s financial system through August 31, 2022. Award of this agreement will ensure the City’s financial systems are properly maintained and supported. Steve Carmona SC:AG:ep Enclosures: 1) Amendment No. 2 (Exhibit A – Support Amendment, Exhibit B -

Maintenance and Support Agreement, Exhibit C - Schedule Support Call Process, Exhibit D – Investment Summary – Tyler Technologies Professional Service Agreement)

2) Amendment No. 1 to Agreement No. 15-1615 3) Agreement No. 15-1615

cayala

Steve Carmona

AMENDMENT NO. 2 TO THE STANDARD SOFTWARE LICENSE AND SERVICES

AGREEMENT WITH TYLER TECHNOLOGIES, INC., (NEW WORLD SYSTEMS), AGREEMENT NO. 15-1615

THIS AMENDMENT NO. 2 TO AGREEMENT NO. 15-1615 FOR STANDARD SOFTWARE LICENSE AND SERVICES AGREEMENT WITH TYLER TECHNOLOGIES, INC., (NEW WORLD SYSTEMS), (“Amendment No. 2"), effective as of the date specified in paragraph 4 hereof, is made and entered into by and between the CITY OF PICO RIVERA, a California municipal corporation (“CITY”), and TYLER TECHNOLOGIES, INC., parent company of NEW WORLD SYSTEMS CORPORTION (“CONTRACTOR”).

RECITALS

A. CITY and CONTRACTOR (collectively referred to as the “PARTIES”) havepreviously executed that certain Software License and Services Agreement No.15-1615 (“Agreement”) relating to services in the City of Pico Rivera.

B. PARTIES have previously executed that certain Amendment No. 1 to the SoftwareLicense and Services Agreement with Tyler Technologies, Inc., New WorldSystems Agreement No. 15-1615, (“Amendment No. 1”) amending the Agreement.

C. The PARTIES desire to amend said Agreement as set forth herein, pursuant to thefollowing sections:

• Section 1 “SSMA Period” of Exhibit C - “STANDARD SOFTWAREMAINTENANCE AGREEMENT (SSMA)”;

• Section I, paragraph (A) and Section II, paragraph (A) of Exhibit AA – TOTALCOST SUMMARY AND PAYMENT SCHEDULE (and the “Total SoftwareLicense Fee” described in Exhibit A – “LICENSED STANDARD SOFTWAREAND FEES”); and

• Section 7 “Maintenance Cost for licensed Standard Software Package Coveredfor “.NET Server(s)” of Exhibit C - “STANDARD SOFTWARE MAINTENANCEAGREEMENT (SSMA) of the Agreement as set forth herein.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. EXTENSION OF TERM PERIOD

• Section 1, “SSMA Period” of Exhibit C - “STANDARD SOFTWAREMAINTENANCE AGREEMENT (SSMA)” of the Agreement shall bestricken and modified as follows:

Tyler Technologies shall provide maintenance and support services on the Licensed Standard Software according to the terms of Attachment “A” (“Support Amendment”) to Exhibit A of this Amendment No. 2 on a term to expire on August 31, 2022 (“Term Period”), unless sooner terminated as

Enclosure 1

8a

Amendment No. 2 Tyler Technologies, Inc., New World Systems Agreement No. 15-1615 Page 2 of 3

provided in the Agreement.

2. COMPENSATION.

• Section I, paragraph (A) and Section II, paragraph (A) of Exhibit AA – “TOTAL COST SUMMARY AND PAYMENT SCHEDULE” (and the “Total Software License Fee” described in Exhibit A – “LICENSE STANDARD SOFTWARE FEES”); and

• Section 7 “Maintenance Cost for licensed Standard Software Package Covered for “.NET Server(s)” of Exhibit C - “STANDARD SOFTWARE MAINTENANCE AGREEMENT [SSMA]”) of the Agreement shall be stricken and modified as follows:

Tyler Technologies shall provide the services described in Exhibit “A” to Enclosure 1 of this Amendment No. 2 regarding accounting services and shall be compensated for a total not-to-exceed Eighty Four Thousand Dollars and 00/100 Cents ($84,000) for unanticipated software and implementation modifications), for the Term Period contemplated in this Amendment No. 2 (as further described in Section 1 “Extension of Term Period,” above).

3. EFFECT OF AMENDMENTS.

Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement between the CITY and CONTRACTOR shall remain in full force and effect. If there is conflict between this Amendment No. 2 and the Agreement, the terms of this Amendment No. 2 will prevail.

4. EFFECTIVE DATE.

Unless otherwise specified herein, this Amendment No. 2 shall become effective as of the date set forth below on which the last of the PARTIES, whether CITY or CONTRACTOR, executes this Amendment No.2.

[End of Amendment No.2. Signatures to follow.]

Amendment No. 2 Tyler Technologies, Inc., New World Systems Agreement No. 15-1615 Page 3 of 3 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed and attested by their respective officers hereunto duly authorized. “CITY” “CONTRACTOR” CITY OF PICO RIVERA TYLER TECHNOLOGIES, INC.

______________________________ _________________________________ Steve Carmona, City Manager

Title: _____________________________ Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM ___________________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney

Exhibit A - Support Amendment

This Support Amendment is made, as of the date set forth below (the “Effective Date”) by and between Tyler Technologies, Inc. with offices at 840 West Long Lake Road, Troy, MI 48098 (“Tyler”) and the client identified below (“Client”).

WHEREAS, New World and Client are parties to an original agreement, dated 8/13/2015 (“Agreement”) under which Client licensed the New World software itemized therein; and

WHEREAS, Tyler and New World merged effective November 16, 2015, with Tyler as the surviving entity; and

WHEREAS, Tyler and Client desire to update the applicable maintenance and support services terms;

NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and Client agree as follows:

1. The New World Software Client licensed under the Agreement, and on which Client has paid maintenanceand support fees through the Effective Date, shall mean the “Tyler Software” for purposes of this SupportAmendment.

2. Tyler shall provide maintenance and support services on the Tyler Software according to the terms of Exhibit1 to this Support Amendment.

3. For the term specified in the applicable invoice, Client shall remit to Tyler maintenance fees in the amountset forth therein ($79,541.70). Payment is due within thirty (30) days of the invoice date.

4. The services set fort in the Investment Summary attached hereto as Exhibit 2 are hereby added to theAgreement. Services added to the Agreement pursuant to this Amendment, along with applicable expenses,shall be invoiced as provided and/or incurred.

5. This Support Amendment shall be governed by and construed in accordance with the terms and conditions ofthe Agreement.

6. All other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Support Amendment as of the dates set forth below.

Tyler Technologies, Inc. Client: City of Pico Rivera, CA

By: By:

Name: Name:

Title: Title:

Exhibit A

Date: Date:

Exhibit BMaintenance and Support Agreement

Tyler (“we”) will provide Client (“you”) with the following maintenance and support services for the Tyler Software. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Support Amendment.

1. Term. We provide maintenance and support services on an annual basis. The initial term commences on9/1/2020 and remains in effect for one (1) year. The term will renew for additional one (1) year terms uponmutual agreement of the parties. Client may indicate its agreement to renew by timely payment of a renewalinvoice issued by Tyler.

2. Maintenance and Support Fees. Your maintenance and support fees for the initial term for the Tyler Softwarewill be listed in the applicable invoice. Your fees for each subsequent term will be at our then-current rates.Notwithstanding the foregoing, Tyler agrees that the increase in the annual maintenance fees shall not exceed5% per year, over the prior year, for the first five (5) annual maintenance renewals. We reserve the right tosuspend maintenance and support services if you fail to pay undisputed maintenance and support fees withinthirty (30) days of our written notice. We will reinstate maintenance and support services only if you pay all pastdue maintenance and support fees, including all fees for the periods during which services were suspended.

3. Maintenance and Support Services. As long as you are not using the Help Desk as a substitute for our trainingservices on the Tyler Software, and you timely pay your maintenance and support fees, we will, consistent withour then-current Support Call Process:

3.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner,consistent with industry standards, to resolve Defects, as defined in the Agreement, in the Tyler Software (subject to any applicable release life cycle policy); provided, however, that if you modify the Tyler Software without our consent, our obligation to provide maintenance and support services on and warrant the Tyler Software will be void;

3.2 provide support during our established support hours, currently Monday through Friday from 8:00 a.m. to 8:00 p.m. (Eastern Time Zone)

3.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and third-party software, if any, in order to provide maintenance and support services;

3.4 provide you with a copy of all releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and

3.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with any applicable release life cycle policy.

4. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support servicesremotely. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to yourPCs and server(s). You agree to provide us with a login account and local administrative privileges as we may

Exhibit B

reasonably require performing remote services. We will, at our option, use the secure connection to assist with

proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain a VPN for backup connectivity purposes.

5. Hardware and Other Systems. If in the process of diagnosing a software support issue it is discovered that one ofyour peripheral systems or other software is the cause of the issue, we will notify you so that you may contactthe support agency for that peripheral system. We cannot support or maintain third party products except asexpressly set forth in the Agreement.

In order for us to provide the highest level of software support, you bear the following responsibility related to hardware and software:

(a) All infrastructure executing Tyler Software shall be managed by you;(b) You will maintain support contracts for all non-Tyler software associated with Tyler Software (including

operating systems and database management systems, but excluding Third Party Software, if any); and(c) You will perform daily database backups and verify that those backups are successful.

6. Other Excluded Services. Maintenance and support fees do not include fees for the following services: (a) initialinstallation or implementation of the Tyler Software; (b) onsite maintenance and support (unless Tyler cannotremotely correct a Defect in the Tyler Software, as set forth above); (c) application design; (d) other consultingservices; (e) maintenance and support of an operating system or hardware; (f) support outside our establishedsupport hours; or (g) installation, training services, or third party product costs related to a new release.Requested maintenance and support services such as those outlined in this section will be billed to you on a timeand materials basis at our then current rates. You must request those services with at least one (1) weeks’advance notice.

7. Current Support Call Process. Our current Support Call Process for the Tyler Software is provided Schedule A toExhibit 1.

Exhibit CSchedule

Support Call Process

Support Channels

Tyler Technologies, Inc. provides the following channels of software support: (1) Tyler Community – an on-line resource, Tyler Community provides a venue for all Tyler clients with current

maintenance agreements to collaborate with one another, share best practices and resources, and accessdocumentation.

(2) On-line submission (portal) – for less urgent and functionality-based questions, users may create unlimitedsupport incidents through the customer relationship management portal available at the Tyler Technologieswebsite.

(3) Email – for less urgent situations, users may submit unlimited emails directly to the software support group.(4) Telephone – for urgent or complex questions, users receive toll-free, unlimited telephone software support.

Support Resources A number of additional resources are available to provide a comprehensive and complete support experience:

(1) Tyler Website – www.tylertech.com – for accessing client tools and other information including supportcontact information.

(2) Tyler Community – available through login, Tyler Community provides a venue for clients to support oneanother and share best practices and resources.

(3) Knowledgebase – A fully searchable depository of thousands of documents related to procedures, bestpractices, release information, and job aides.

(4) Program Updates – where development activity is made available for client consumption

Support Availability

Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday – Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Clients may receive coverage across these time zones. Tyler’s holiday schedule is outlined below. There will be no support coverage on these days.

New Year’s Day Thanksgiving Day

Memorial Day Day after Thanksgiving

Independence Day Christmas Day

Labor Day

Issue Handling

Incident Tracking Every support incident is logged into Tyler’s Customer Relationship Management System and given a unique incident number. This system tracks the history of each incident. The incident tracking number is used to track and reference open issues when clients contact support. Clients may track incidents, using the incident number, through the portal at Tyler’s website or by calling software support directly.

Exhibit C

http://www.tylertech.com/

Incident Priority Each incident is assigned a priority number, which corresponds to the client’s needs and deadlines. The client is responsible for reasonably setting the priority of the incident per the chart below. This chart is not intended to address every type of support incident, and certain “characteristics” may or may not apply depending on whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is to help guide the client towards clearly understanding and communicating the importance of the issue and to describe generally expected responses and resolutions.

Priority Level

Characteristics of Support Incident Resolution Targets

1 Critical

Support incident that causes (a) complete application failure or application unavailability; (b) application failure or unavailability in one or more of the client’s remote location; or (c) systemic loss of multiple essential system functions.

Tyler shall provide an initial response to Priority Level 1 incidents within one (1) business hour of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents or provide a circumvention procedure within one (1) business day. For non-hosted customers, Tyler’s responsibility for lost or corrupted data is limited to assisting the client in restoring its last available database.

2 High

Support incident that causes (a) repeated, consistent failure of essential functionality affecting more than one user or (b) loss or corruption of data.

Tyler shall provide an initial response to Priority Level 2 incidents within four (4) business hours of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents or provide a circumvention procedure within ten (10) business days. For non-hosted customers, Tyler’s responsibility for loss or corrupted data is limited to assisting the client in restoring its last available database.

3 Medium

Priority Level 1 incident with an existing circumvention procedure, or a Priority Level 2 incident that affects only one user or for which there is an existing circumvention procedure.

Tyler shall provide an initial response to Priority Level 3 incidents within one (1) business day of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents without the need for a circumvention procedure with the next published maintenance update or service pack. For non-hosted customers, Tyler’s responsibility for lost or corrupted data is limited to assisting the client in restoring its last available database.

4 Non-

critical

Support incident that causes failure of non-essential functionality or a cosmetic or other issue that does not qualify as any other Priority Level.

Tyler shall provide an initial response to Priority Level 4 incidents within two (2) business days. Tyler shall use commercially reasonable efforts to resolve such support incidents, as well as cosmetic issues, with a future version release.

Incident Escalation Tyler Technology’s software support consists of four levels of personnel:

(1) Level 1: front-line representatives(2) Level 2: more senior in their support role, they assist front-line representatives and take on escalated issues(3) Level 3: assist in incident escalations and specialized client issues

(4) Level 4: responsible for the management of support teams for either a single product or a product groupIf a client feels they are not receiving the service needed, they may contact the appropriate Software Support Manager. After receiving the incident tracking number, the manager will follow up on the open issue and determine the necessary action to meet the client’s needs. On occasion, the priority or immediacy of a software support incident may change after initiation. Tyler encourages clients to communicate the level of urgency or priority of software support issues so that we can respond appropriately. A software support incident can be escalated by any of the following methods:

(1) Telephone – for immediate response, call toll-free to either escalate an incident’s priority or to escalate anissue through management channels as described above.

(2) Email – clients can send an email to software support in order to escalate the priority of an issue(3) On-line Support Incident Portal – clients can also escalate the priority of an issue by logging into the client

incident portal and referencing the appropriate incident tracking number.

Remote Support Tool Some support calls require further analysis of the client’s database, process or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Support is able to quickly connect to the client’s desktop and view the site’s setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request.

Exhibit DInvestment Summary

The following Investment Summary details the software and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Amendment Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.

In the event a comment in the following sales quotation conflicts with a provision of this Amendment, the provision in this Amendment shall control.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Exhibit D

For Enclosure No. 2 please contact the City Clerk’s Office

Enclosure 2

8b

For Enclosure No. 3 please contact the City Clerk’s Office

Enclosure 3

8c


From: City Manager


Subject: CONTRACT FOR TREE MAINTENANCE SERVICES WITH WEST COAST ARBORISTS, INC.

Recommendation:

1. Approve a three-year contract with two one-year renewal options with West CoastArborists, Inc. (WCA), for Tree Trimming Services as follows:

a. Annual trimming of trees on a three-year cycle in the amount of $250,000per year; and

b. Establish a contingency task budget of $150,000 per year to utilize at theCity’s discretion for special tree trimming requests, tree removals or treereplacements.

2. Authorize the City Manager to execute the contract (Enclosure 1) in a formapproved by the City Attorney.

Fiscal Impact:

The award of the subject contract is comprised of two (2) components and does not require additional appropriations:

Task 1 – Perform annual tree trimming on a three-year cycle. The amount is $250,000 per year and the next two (2) years is budgeted in FY 2021-23 M&O budget, under the General Fund (Fund 100) Account No. 100.40.4030-54500 (Contracted Services), as approved by City Council on June 8, 2021 as part of the biennial budget process. Future years will be budgeted during the City’s annual budget process.

Task 2 - Contingency funds to be used at the direction of the City to perform special tree trimming requests, tree removals and tree replacements. This amount is $150,000 per year and the next two (2) years is budgeted in FY 2021-23 M&O budget, under the General Fund (Fund 100) Account No. 100.40.4030-54500 (Contracted Services), as approved by City Council as part of the biennial budget process on June 8, 2021. Future years will be budgeted during the City’s annual budget process.

9

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 CONTRACT FOR TREE MAINTENANCE SERVICES WITH WEST COAST ARBORISTS, INC. Page 2 of 3 Discussion: Based on a tree inventory conducted in 2020, the City has approximately 12,500 street, park and parkway trees comprising its urban forestry with an estimated value of $36,500,000. Trees provide many benefits, including reduced pollution, energy conservation, economic stability, beautification and increased property values. On August 19, 2019, the Tree Maintenance Services Request for Proposals (RFP) was posted on the City’s website through PlanetBids.com, a web-based procurement company. On September 5, 2019, Public Works received two (2) proposals. After reviewing the proposals, West Coast Arborists, Inc. (WCA) was determined to be the best contractor for tree maintenance services. WCA has a 47-year track record of working for more than 300 California and Arizona municipalities, as well as other agencies. The company has been in business since 1972 and specializes in Class C61 (Tree Service) as well as Class C27 (Landscaping). WCA employs over 80 Certified Arborists and over 140 Certified Tree workers, as recognized by the Western Chapter of the International Society of Arboriculture. Current and former clients include, but not limited to the County of Los Angeles, and the cities of Norwalk, Santa Fe Springs, Temple City, and Pico Rivera. On December 10, 2019, a tree maintenance service contract in the amount of $859,795 was awarded to WCA based on a five-year trimming cycle. To better serve the community, more effectively preserve the urban tree canopy, and mitigate the negative environmental effects of the urban heat sink, the City intends to change the tree trimming cycle from five (5) years to three (3) years. The term of the current contract with WCA is for three (3) years ending on December 10, 2022 with two (2) one-year optional renewals ending in December 10, 2024. The options considered were to extend and modify the current agreement with WCA, or seek proposals for services and enter into a new contract with the lowest responsible bidder. At the July 13, 2021, City Council meeting, Staff was directed to seek new bids to ensure the City was getting the best possible value for services. Staff investigated a new request for proposal process and also researched current regional pricing. During this process it was discovered that the City of Santa Fe Springs had recently concluded a proposal process for the same services. The proposals were received in January 2021 and the award was made by Council in April 2021. The pricing received during that bid was very favorable compared to the City’s current pricing and in comparison to cities in the region. With consideration to gaining the best value for the City and eliminating the risk of potentially receiving higher bids, staff investigated utilizing the City of Santa Fe Springs’ bid process. The City’s Municipal Code, Section 3.20.030(c) allows for a purchase to be made as indicated below:

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 CONTRACT FOR TREE MAINTENANCE SERVICES WITH WEST COAST ARBORISTS, INC. Page 3 of 3

… by, through, or in concert with another public agency provided the other public agency makes such purchase in accordance with the state laws or local rules and regulations governing such purchase for the other public agency.

Staff has evaluated the tree trimming proposal process used by the City of Santa Fe Springs and has determined that all the appropriate rules and regulations have been followed and recommends that the City utilize this provision in the Municipal Code to award a contract to WCA for tree trimming services.

Conclusion:

Implementing an adequate annual tree maintenance program is critical in ensuring the proper upkeep, maintenance, and safety of the City’s urban forest. A comprehensive maintenance program includes grid (block-by-block) trimming and removal of hazardous and declining trees. Staff recommends approving an agreement for tree maintenance services with WCA for a base three-year period with two (2) one-year renewal options.

Steve Carmona

SC:MH:JG:lg

Enclosure: 1) Maintenance Contract

9a

cayala

Steve Carmona

ENCLOSURE 1

AGREEMENT NO. _______

TREE MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF PICO RIVERA AND

WEST COAST ARBORISTS, INC.

THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into as of August 10, 2021, by and between the CITY OF PICO RIVERA, a California municipal corporation (“City”) and West Coast Arborists, Inc., (“Contractor”), with California State Contractor’s License Number 366764 and DIR registration number 1000000956.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1. Scope of Services

Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for Tree Maintenance Services (“Services”), as described in the Scope of Work attached to this Agreement as Exhibit A, and incorporated herein by this reference, and Contractor’s Proposed Fee Schedule Form, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and the incorporated documents, the terms of this Agreement shall control.

2. Extra Work

Extra work, when ordered in writing by the Director of Public Works or designee and accepted by Contractor, shall be paid for in accordance with the terms of the written work order. Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing between Contractor and the Director of Public Works.

3. Term

This Agreement shall become effective on the date first set forth above and shall remain in effect for three (3) years expiring on August 10, 2024 unless sooner terminated as hereinafter provided. The Agreement shall have two (2) one-year optional renewals, based on mutual agreement between the Parties as to compensation indicated in an amendment to extend the contract term, signed by both Parties. In no event shall this agreement extend beyond August 10, 2026.

4. Time of Performance

A. Contractor will not perform any work under this Agreement until:

1) Contractor furnishes proof of insurance as required under Section 14 of this Agreement; and

2) City gives Contractor a written notice to proceed. Should Contractor begin work in

advance of receiving written authorization to proceed, any such professional services are at Contractor’s own risk.

Tree Maintenance Services Agreement West Coast Arborists, Inc. Page 2 of 31

5. Time

Time is of the essence in this Agreement. 6. Force Majeure

Neither City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of public enemies, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this Section. Each party shall notify the other promptly in writing of each such excusable delay, its cause and its expected delay, and shall upon request update such notice.

7. Compensation In consideration of the services rendered hereunder, City shall pay Contractor a fee not to exceed One Million Two Hundred Thousand Dollars ($1,200,000), in accordance with the prices as submitted in Exhibit B for the initial three-year term.

8. Payments

Contractor shall submit to City an invoice monthly, at a minimum, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Contractor in writing within ten business days of receipt of any disputed invoice amounts. City shall make payments within 30 days after receipt of an undisputed and properly submitted payment request from Contractor. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven days after receipt, and shall explain in writing the reason(s) why the payment request is not proper.

9. Taxes

Contractor shall calculate payment for all sales, unemployment, and other taxes imposed by local, State of California and federal law. These payments are included in the total amounts in Exhibit B.

10. Audit

City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by City. Additionally, Contractor shall be subject to State Auditor examination and audit at the request of City or as part of any audit of City, for a period of three years after final payment under this Agreement.


11. Unresolved Disputes

In the event of any dispute or controversy with City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. All claims arising out of or related to this Agreement, and the consideration and payment of such clams, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Agreement hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and 20104 (Article 1.5 if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable.

12. Termination This Agreement may be canceled by City at any time with or without cause and without penalty upon 30 days’ written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder. If at any time the Contractor is determined to be in material breach of the Contract, a Notice of Potential Breach of Contract shall be prepared by the City, and will be served upon the Contractor and its sureties. If the Contractor continues to neglect or refuses to comply with the Contract or with the Notice of Potential Breach of Contract to the satisfaction of the City within the time specified in such Notice, the City shall have the authority to terminate the Contract for this Project. In the event that City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by City shall not limit City’s remedies for any succeeding breach of that or of any other term, covenant, or condition of the Contract.

13. Indemnification.

A. Indemnities for Third Party Claims. 1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense,

defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities,


claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.

2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2.

3) Contractor shall obtain executed indemnity agreements with provisions identical to

those in this Section 13 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.

B. Workers’ Compensation Acts not Limiting Contractor’s indemnifications and obligations under this Section 13, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.


C. Insurance Requirements not Limiting

City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section 13 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

D. Survival of Terms Contractor’s indemnifications and obligations under this Section 13 shall survive the expiration or termination of this Agreement.

E. Nonwaiver of Rights Indemnities do not and shall not waive any rights that they may possess against the Contractor because the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify against any such negligence.

F. Waiver of Right of Subrogation Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnities.

14. Insurance Requirements for City of Pico Rivera Public Works Contract A. Minimum Scope and Limits of Insurance

Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows: 1) Commercial General Liability Insurance with a minimum limit of $2,000,000.00 per

occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.


2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $2,000,000.00 per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under subparagraph A.1) of this Section 14.

3) Workers’ Compensation Insurance as required by the State of California and

Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Contractor has no employees while performing Services under this Agreement, a workers’ compensation policy is not required, but Contractor shall execute a declaration that it has no employees.

B. Acceptability of Insurers

The insurance policies required under this Section 15 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 14.

C. Additional Insured

The City, its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Project, regardless of any inconsistent statement in the policy or an subsequent endorsement, whether liability is attributable to the Contractor or the City. The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.

D. Primary and Non-Contributing

The insurance policies required under this Section 14 shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.

E. Contractor’s Waiver of Subrogation The insurance policies required under this Section 14 shall not prohibit Contractor and Contractor’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.

F. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Contractor shall either reduce or eliminate the deductibles or self-insured


retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.

G. Cancellations or Modifications to Coverage Contractor shall not cancel, reduce or otherwise modify the insurance policies required by this Section 14 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section 14 is canceled or reduced in coverage or limits, Contractor shall, within two business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

H. City Remedy for Noncompliance If Contractor does not maintain the policies of insurance required under this Section 14 in full force and effect during the term of this Agreement, or in the event any of Contractor’s policies do not comply with the requirements under this Section 14, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor’s expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.

I. Evidence of Insurance Prior to the performance of Services under this Agreement, Contractor shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 14. The endorsements are subject to City’s approval. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current insurance certificates and endorsements on file with City’s Risk Manager at all times during the term of this Agreement. Contractor shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements must specifically name the CITY OF PICO RIVERA and its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials as insureds or additional insureds. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

J. Indemnity Requirements not Limiting

Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duty to indemnify City under Section 13 of this Agreement.


K. Subcontractor Insurance Requirements

Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 14.

L. Replacement Insurance Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due to the Contractor. This shall be in addition to all other legal options available to the City to enforce the insurance requirements.

M. Subcontractors Contractor shall ensure all Subcontractors and their employees are listed as additional insureds on all of the Contractor’s insurance.

15. Antitrust Claims

Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to this Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

16. Familiarity with Work By executing this Agreement, Contractor represents that it has:

A. Thoroughly investigated and considered the scope of services to be performed;

B. Carefully considered how the services should be performed; an


C. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

If services involve work upon any site, Contractor warrants that it has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should Contractor discover any latent or unknown conditions that may materially affect the performance of the services, Contractor will immediately inform City of such fact and will not proceed except at Contractor’s own risk until written instructions are received from City.

17. Hazardous Materials and Unknown Conditions Contractor shall notify City in writing of the discovery of any of the following conditions, without disturbing the condition, as soon as Contractor, or any of Contractor’s subcontractors, agents or employees have knowledge and reporting is possible: A. The presence of any materials that the Contractor believes is hazardous waste, as defined

in Section 25117 of the Health and Safety Code; B. Subsurface or latent physical conditions at the site differing from those indicated in the

Scope of Services; C. Unknown physical conditions at the site of any unusual nature, different materially from

those ordinarily encountered and generally recognized as inherent in work of this character provided for in this Agreement.

Pending determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. City shall promptly investigate the reported conditions. If City, through its Director of Public Works, or his or her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, then City shall issue a change order. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the Contract. Contractor shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.

18. Utilities Relocation City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the Scope of Work. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and


removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed damages for delay arising from the removal or relocation of such unidentified utility facilities.

19. Independent Contractor Contractor is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as herein set forth; and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation laws regarding Contractor and its employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to City from Contractor as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section.

20. Prevailing Wages City and Contractor acknowledge that the services to be performed under this Agreement require the payment of prevailing wages pursuant to the California Labor Code. Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated herein by this reference. The City has entered into the “Community Workforce Agreement” (“CWA”) with the Los Angeles and Orange Counties Building and Construction Trades Council attached as Exhibit D and incorported herein by this reference, which requires the payment of prevailing wages on general public works contracts of greater than $250,000 and specialty contracts of greater than $50,000 and certain labor compliance provisions. Specialty contracts are entered into between the City and specialty contractors as defined in Business and Professions Code Section 7058, including Sections 832.02 through 832.62 of Title 16 of the California Code of Regulations.The Contractor awarded the Contract for services and all Subcontractors must agree to be bound by the CWA during performance of the Agreement. Each Contractor must submit a completed and executed Letter of Assent prior to performance. Contractor shall comply with provisions of the CWA, including without limitation: (i) craft labor hiring practices; (ii) alternative dispute resolution procedures for Site grievances and jurisdictional disputes; and (iii) prevailing wage rate responsibilities. The CWA shall not apply if the City receives funding or assistance from any Federal, State, local or other public entity for the Project if a requirement, condition or other term of receiving that funding or assistance, at the time of the


awarding of the contract, is that City not require, contractors, subcontractors or other persons or entities to enter into an agreement with one or more labor organization or enter into an an agreement that contains any of the terms of the CWA. Public Works projects not covered by the CWA shall be subject to the prevailing wage requirements of the California Labor Code.

21. Workers’ Compensation Insurance California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

22. Nondiscriminatory Employment Contractor shall not unlawfully discriminate against any individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or condition of disability. Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations.

23. Debarred, Suspended or Ineligible Contractors

Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractors pursuant to California Labor Code Section 1777.1 or 1777.7 or any other federal of State law providing for the debarment of contractors from public works. If the Contractor of any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City.

24. Compliance with Laws

Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs pursuant to this Agreement.

25. Payment Bond

Contractor shall obtain a payment bond in an amount that is not less than the total compensation amount of this Agreement, and nothing in this Agreement shall be read to excuse this requirement. The required form entitled Payment Bond (Labor and Materials) is attached hereto as Exhibit D and incorporated herein by this reference.

26. Substitution of Securities

Pursuant to Public Contracts Code Section 22300, Contractor shall be allowed to substitute securities for any moneys withheld by the City to ensure performance under the Agreement, unless, federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of the Contractor, securities equivalent to the amount withheld shall


be deposited with the City, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to the Contractor. Upon satisfactory completion of the Agreement, the securities shall be returned to the Contractor.

27. Contractor’s Representations

Contractor represents, covenants and agrees that: a) Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under this Agreement; c) there is no litigation pending against Contractor, and Contractor is not the subject of any criminal investigation or proceeding; and d) to Contractor’s actual knowledge, neither Contractor nor its personnel have been convicted of a felony.

28. Conflicts of Interest Contractor agrees not to accept any employment or representation during the term of this Agreement or within 12 months after completion of the work under this Agreement which is or may likely make Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement.

29. Third Party Claims

City shall have full authority to compromise or otherwise settle any claim relating to this Agreement at any time. City shall timely notify Contractor of the receipt of any third-party claim relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing this notice.

30. Non-Assignability; Subcontracting

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Contractor shall not assign or transfer any interest in this Agreement nor any part thereof, whether by assignment or novation, without City’s prior written consent. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of present ownership and/or control of Contractor. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. Any purported assignment without written consent shall be null, void, and of no effect; and Contractor shall hold harmless, defend and indemnify City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder with the express consent of the City.

31. Applicable Law

The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules.


Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court.

32. Attorneys’ Fees and Costs

If either party to this Contract is required to initiate or defend or made a party to any action or proceeding in any way connected with this Contract, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

33. Titles

The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.

34. Authority

The persons executing this Agreement on behalf of Contractor warrants and represents that they have the authority to execute this Agreement on behalf of Contractor and have the authority to bind Contractor to the performance of its obligations hereunder.

35. Integration; Amendment

It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing.

36. Incorporation by Reference

All Exhibits attached hereto are incorporated herein by reference. The documents, payment and performance bonds, City insurance requirements, Community Workforce Agreement, together with this written Agreement (and all Exhibits, documents and laws referenced therein), shall constitute the entire agreement between the parties as to the subject matter of this Agreement. In the event of any conflict between this Agreement and any Exhibit hereto, the provisions of this Agreement shall control.


37. Entire Agreement This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement.

38. Construction In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted this Agreement or who drafted that portion of this Agreement.

39. Non-waiver of Terms, Rights and Remedies

Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

40. Notice

Except as otherwise required by law, any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s or City’s regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other:

To City: Monica Heredia, P.E. Public Works Deputy Director / City Engineer City of Pico Rivera 6615 Passons Blvd Pico Rivera, CA 90660 To Contractor: Victor M. Gonzalez Vice President, Marketing West Coast Arborists, Inc. 2200 E. Via Burton Street Anaheim, CA 92806


41. Counterparts This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

42. Severability

If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written.

”CITY” “CONTRACTOR”

CITY OF PICO RIVERA West Coast Arborists, Inc.

________________________________ __________________________________

Raul Elias, Mayor Patrick M. Mahoney, President

Dated: __________________________ Dated: ____________________________


________________________________ __________________________________

Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney


EXHIBIT A

1. SCOPE OF WORK

It shall be understood that the Contractor will be required to perform and complete the proposed tree maintenance work in a thorough and professional manner, and to provide labor, tools, equipment, materials, and supplies necessary to complete all the work in a timely manner that will meet the City’s requirements. Contractor may be required to perform the following tree maintenance activities at various sites throughout the City:

• GPS Tree Inventory • Online Maintenance Access* • Grid Pruning • Service Request Pruning • Palm Trunk Skinning • Tree Removal • Stump Removal • Tree Planting • Root Barrier • Emergency Services • Arborist Service / Inspection

∗ Online maintenance is defined as Internet access to Urban Forestry Management Software for GPS tree inventories that include work order tracking, ability to send work requests, including but not limited to, maintenance recommendations, tree conditions, pruning, planting, and removal, access to reports for tree inventory, value of the urban forest, recycling reports, live job balance, contractor equipment GPS location monitoring.

Prior to beginning work, contractor shall review with the City administrator various methods, tools, and work scheduling to be used.

Contractor shall notify affected residents forty-eight (48) hours in advance of scheduled work.

2. UNIFORMS AND IDENTIFICATION BADGES

A. The Contractor shall ensure that their employees are appropriately identified.

B. The Contractor shall ensure that every on-duty employee wears a visible photo identification badge identifying the following: employee name, physical description, and Contractor’s name. Such badge shall be displayed on employee’s person at all times when he/she is on City designated property.

C. Contractor shall require each of his personnel to adhere to basic public works standards of working attire including uniform shirts and/or vests clearly marked with the Contractor’s name. Contractor’s personnel shall be equipped with proper shoes and other gear required by OSHA. Brightly colored safety vests or reflectors shall be worn when


personnel are working near vehicular traffic. Contractor shall comply with all OSHA and ANSI Z133 safety equipment for tree workers.

3. EQUIPMENT

A. Equipment will be of the highest quality available in order to produce the quality of work required. Equipment shall be maintained in good condition at all times. All parts and systems of the collection equipment shall operate properly. Any equipment not meeting these standards shall not be used until the equipment is repaired and meets the standards stated in this section. Should the City at any time give notification in writing to contractor that any vehicle does not comply with the standards set forth herein, the vehicle shall immediately be removed from service in the City and shall not be used again until approved in writing by the Director of Public Works or his designated representative.

B. Contractor shall provide an adequate number of vehicles and equipment for the tree maintenance services for which it is responsible under the Agreement. All equipment shall conform to the highest industry standards, shall be maintained in a clean and efficient condition and shall comply with all measures and procedures promulgated by all agencies with jurisdiction.

C. Contractor shall make available sufficient back-up capacity to ensure that service remains uninterrupted during the life of the Agreement. The City may specify a minimum level of back-up equipment required. Cost for back-up equipment shall be the sole responsibility of the Contractor.

D. The tree maintenance equipment must be designated and operated while on the route in such a manner as to prevent solid or liquid wastes from escaping the vehicle. Transport vehicles or containers must have solid front, sides, and rear, and the top shall be tarped, or otherwise tightly enclosed. Branches, suckers, bark, and other tree parts that are chipped are to be covered while transported and hauled away to the disposal site. Any spillage of materials which occurs during the tree maintenance function shall be immediately cleaned up by the Contractor at its expense. A broom and shovel shall be carried at all times on each vehicle for this purpose. Vehicles shall be washed at least once a week.

E. Contractor shall submit to City, upon City’s request, a certificate of vehicle noise level testing by an independent testing entity approved by the City. Each vehicle used for collection, hauling and disposal services identified in this Agreement shall be equipped with an audible warning device that is activated when the vehicle is backing up.

F. The Contractor shall maintain its vehicles and collection equipment free of graffiti.

4. CONTACT INFORMATION

A. The Contractor is required to maintain an office and provide the telephone services so that all calls from the City have no toll charge. If a telephone answering service is utilized, the answering service shall be capable of contacting Contractor by radio or cell phone.


Contractor is further required to provide the City with a 24-hour emergency number for contact outside normal working hours. In response to a call from the City, Contractor shall respond within 2 hours.

B. The Contractor shall designate in its proposal a Contract Manager. The Contractor shall not change this designation without prior approval of the City, excluding cases of termination of the employee. The Contract Manager will be the City’s key contact person with the Contractor. The Contract Manager shall meet with the City as necessary to effectuate the purposes of the Agreement. The Contract Manager must be knowledgeable with all aspects of the Agreement.

C. The person designated as the Contract Manager shall have at least two (2) years experience in the management of tree maintenance service contracts for municipalities with population 25,000 or more.

D. If the Contractor chooses to employ subcontractor(s) with expertise beyond that of the Contract Manager, the City shall have direct access to a designated representative from the subcontractor(s). The designated representative from any subcontractor(s) shall be designated in the Bid. The Contractor or subcontractor(s) shall not change this designation without prior approval of the City, excluding cases of termination of the employee.

E. The City’s direct contact with subcontractor(s) in no way eliminates the Contractor’s ultimate responsibility to fulfill every requirement of the Agreement.

5. SAFETY

A. The Contractor agrees to perform all work outlined in this Scope of Work in such a manner as to meet all accepted standards for safe practices during maintenance operations and to safely maintain and operate all equipment, machines, and materials consequential or related to the work; and is solely responsible for complying at all times with all local, County, State, Federal, or other legal requirements including, but not limited to, California Department of Food and Agriculture, O.S.H.A. Orders, Department of Transportation Drug and Alcohol testing provisions, CalTrans Traffic Control Manuals, and APWA Traffic Control Handbook, so as to protect all persons, including Contractor’s employees, agents of the City, vendors, members of the public, and others from foreseeable injury to themselves or damage to their property. Furthermore, Contractor must contact Underground Service Alert (Dig Alert) before excavating a location, as necessary. Contractor shall inspect all hazards and potential hazards in maintained areas and keep a log indicating the date inspected and action taken. All employees working within the roadway right-of-way shall wear reflective safety vests.

B. It shall be the Contractor’s responsibility to inspect and identify any practices and conditions that render any portion of the maintained areas unsafe. The City shall be notified immediately of any unsafe conditions that require major correction. Contractor shall cooperate fully with City in the investigation of any accidental injury or death occurring in any of the maintained areas, including a complete written report thereof to the City within five (5) days of the injury or death.


C. Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. Contractor must utilize Line Clearance Qualified Tree Trimmers while working within 10 ft. of high voltage power lines. In the event that aerial utility wires present a hazard to the Contractor’s personnel or others near the work site, work is to immediately cease and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company. In the event that work causes excavation, the Contractor is responsible for properly marking the location and appropriate notification of Underground Service Alert (USA).

D. No hooks, gaffs, spurs, or climbers will be used for climbing trees unless specifically approved by the City administrator.

E. Contractor shall comply with Standards of CAL OSHA and the American National Standards Institute (ANSI) Z133 Safety Requirements for Arboricultural Operations.

6. EMERGENCY PROCEDURES

The Contractor shall immediately report any emergency situations by calling the following:

During business hours, the Contractor shall contact the City’s Public Works Department at (562) 801-4415.

After-hours, the Contractor shall contact the Public Works Stand-by Employee at (562) 755-0768.

7. HOURS AND DAYS OF SERVICE

A. Maintenance service may be conducted between the hours of 9:00 a.m. to 3:00 p.m. on major streets and 7:00 a.m. to 4:00 p.m. on residential streets.

B. The days of operation shall be Monday through Friday. No work shall be performed on Saturday, Sunday or Holidays unless authorized by the City.

C. Eight (8) hours of labor shall constitute a legal day’s work for all workers employed in the execution of this Agreement and the Contractor and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 2 of the Labor Code of the State of California as amended.

8. GPS TREE INVENTORY

A. Within the first 90-days of the contract term, the Contractor shall be required to provide to the City access to a record keeping system consisting of an Internet based software program that allows the City to maintain information about its tree inventory, including the description of each tree by species, height, diameter, work history, and site location. Additionally, the program should generate the estimated monetary value of the urban forest, recycling reports, live job balance, and contractor equipment GPS location monitoring. The program shall have the capability to produce detailed listings of tree and site information, work histories, service requests, summary reports, and pictures of City


tree species. Contractor shall provide software support to the City for the entire term of the contract. Provisions of the GPS Tree Inventory System include:

1. Conduct an inventory of the City’s trees to be maintained under this Contract by an ISA Certified Arborist including coordinates for all trees in public places. This includes, but is not limited to, all publicly owned trees on street rights-of-way, parks, City facilities, and open spaces such as medians, greenscapes, etc. The address information contained in inventory should be linked directly to a GIS program such as ArcView. The inventory collector will identify the tress by their global coordinates of longitude and latitude. By collecting the data using the GS system, the City can consolidate the tree data with other GPS coded programs in the City.

2. Contractor shall have at minimum five (5) years experience in collecting tree inventories for cities and other public agencies and developing inventory databases, including an extensive program that simplifies the management of the City’s Urban Forest. Contractor shall have developed a complete and comprehensive computer software program for at least five (5) California cities. The program should have specialized reports designed specifically for the City’s needs. The program should be developed based on the needs of the City. The user-friendly program should allow the City to generate a variety of reports quickly.

3. The tree inventory program must include a mobile application for field use. The application must reflect live data as it exists in the tree inventory program. The functionality of the mobile application must be compatible with Android systems, be usable for precision mobility view as user moves through canopied areas, include multiple layer features including aerial imagery and street names, display tree icons based on precise GPS coordinates, be able to display live work history records, and allow live data updates.

4. Provide not less than two training sessions in the use and manipulation of the street tree database with City staff to include hands-on demonstration.

5. The inventory system described above shall be considered an instrument of service under this Contract, and shall remain the property of the City during the life of and following the termination of this Tree Maintenance Agreement.

6. Contractor shall provide routine software maintenance, archive, backup, restore, and disaster recovery procedures as may be requested by the City. Contractor shall provide complete software support rapidly with experienced staff available to the City during the hours of 7:00 a.m. to 5:00 p.m. Monday through Friday.

9. WORK QUALITY

All tree pruning shall comply with good arboriculture practices for the particular species of trees being trimmed and shall be consistent with the Pruning Standards and Best Management Practices as adopted by the International Society of Arboriculture (ISA).


Contractor shall also meet the requirements of the current American National Standards Institute (ANSI) Z133 entitled “Safety Requirements for Arboricultural Operation.”

The City’s administrator shall determine if the Contractor has met all pruning requirements and payment shall not be made for pruning that is not in accordance with the above standards. The Contractor shall be deemed in contract default if they consistently fail to comply with the aforementioned standards.

10. GRID PRUNING PROGRAM

At the direction of the City, the tree pruning will be done per pre-designated grids on a set cycle to include all trees regardless of size. Pruning will include structural pruning, crown raising, and crown cleaning. The intent of this contract is to have all trees pruned a minimum of one time by the end of the three (3) year contract period.

11. SERVICE REQUEST PRUNING

As directed by City staff, trees that need service prior to their scheduled grid trim shall be trimmed within two weeks of notification by the City to the Contractor. Pruning will include structural pruning, crown raising, and crown cleaning. The pruning shall provide a symmetrical shape and aesthetically pleasing appearance typical to the species.

12. PRUNING STANDARDS

A. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth.

B. Topping shall not be done unless specifically requested by the City. C. The specific techniques employed shall be consistent with industry practice for the size

and species of the tree being pruned. All dead, broken, damaged, diseased, or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close, ½ inch, to the parent stem so that healing can readily start under normal conditions. All limbs 2” or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree.

D. Cut laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. Tree foliage shall be reduced by at least fifteen percent (15%) but no more than twenty-five percent (25%).

E. Prune to remove dead wood, or weak, diseased, insect-infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed.

F. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise.

G. Heading cutes and/or topping will not be allowed without City approval. Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree.


H. Trees shall be trimmed to provide a minimum clearance of fourteen (14) feet and no greater than sixteen (16) feet above finish grade for moving vehicles within the traveled roadway and seven (7) feet for pedestrians over sidewalks. Clearances for adjacent structures and their connecting utility lines shall be determined by City staff. Trees shall also be pruned to remove any obstruction around traffic control devices, traffic signs, and street lights. Additional pruning shall be performed to mitigate any extreme effect of the clearance pruning and provide an aesthetic appearance.

I. When pruning bottom branches, care shall be given to obtain a balanced appearance when viewed from across the street immediately opposite the tree.

13. PRUNING PALM TREES

Palm tree pruning shall consist of the removal of loose dead fronds, fruit clusters, and other vegetation from the trunks of all palms in a manner selected by the Contractor and approved by City staff in accordance of the following:

A. The use of climbing spurs or spike shoes for the purpose of climbing palm trees is prohibited, unless specifically approved by the City administrator. The Contractor shall be required to use an aerial tower with sufficient height to reach the crown for the purpose of pruning palm trees.

B. Palm Skinning – Dead fronds, and parts thereof, including stubs, can be removed along the entire length of the trunk of each palm, leaving a clean unsheathed appearance slicked from the ground to approximately twenty-four to thirty-six inches (24” - 36”) from the base of the green fronds at the top of the tree. The frond stubs (cut close to the trunk) can be left in place with a span of at least eighteen inches (18”) but no greater than thirty-six inches (36”).

14. TREE REMOVALS

Upon notification by City staff to Contractor of trees to be removed, Contractor shall notify affected residents at least forty-eight (48) hours in advance and submit USA ticket. Contractor shall remove tree, grind stumps to a depth of eighteen inches (18”) and haul all debris. Stumps shall be cut low enough to the ground where grinding can be done safely. All holes shall be backfilled the same day. The resultant chips from grinding may be used to fill the hole to two inches (2”) above normal ground level. All excess grinding chips and debris will be removed and loaded into transport vehicles for disposal. No wood or debris shall be left along the public right-of-way. All tree parts are to be loaded into transport vehicles or containers. Any damaged paved surfaces shall be restored to their original condition.

15. STUMP REMOVAL

Upon notification by City staff to contractor of stumps to be removed, Contractor shall notify affected residents at least forty-eight (48) hours in advance and submit USA ticket. Contractor shall cut remaining stump low enough for grinding to be done safely and grind to a depth of eighteen inches (18”) and haul all debris. All holes shall be backfilled the same day. The resultant chips from grinding may be used to fill the hole to two inches (2”) above normal


ground level. All excess grinding chips and debris will be removed and loaded into transport vehicles for disposal. No wood or debris shall be left along the public right-of-way. All tree parts are to be loaded into transport vehicles or containers. Any damaged paved surfaces shall be restored to their original condition.

16. TREE PLANTING

Tree planting includes the tree, stakes, ties, and complete installation and watering at time of installation as directed by City staff. Planting lists will be compiled by the City and submitted as needed. Contractor will guarantee the quality of the tree stock and the workmanship.

A. Contractor shall provide all equipment, labor, and materials necessary for the planting of trees at City marked locations. Contractor shall notify affected residents at least forty-eight (48) hours in advance and submit a USA ticket.

B. Planting pit shall be dug twice the width and the same depth of the root ball. Before placing the tree in the planting pit, the Contractor shall examine the root ball for injured roots and the tree canopy for broken branches. Damaged roots should be cleanly cut off at a point just in front of the break. Broken branches should be cut out of the canopy making sure that the branch collar is not damaged.

C. Trees shall be placed in the planting pit with its original growing level (the trunk flare) at the same height as the surrounding finish grade. In grass-covered parkways, the top of the root ball shall be level or slightly higher than the surrounding soil. In a concrete tree well, the root ball shall be three inches (3”) below the level of the finished surface of the concrete.

D. Backfill material should be native soil. Eliminate all air pockets while backfilling the planting pit by watering the soil as it is put into the hole.

E. Trees that are planted in parkways shall have a four to six inch (4” - 6”) high water retention basin built around the tree capable of holding at least ten (10) gallons of water. In a concrete tree well, soil should be raked against the edge of the concrete to create a sloping basin. Immediately after planting, the tree shall be watered thoroughly by filling the water retention basin twice.

F. All trees shall be staked with two wood lodge pole and two ties per pole. Minimum size of lodge poles shall be ten feet (10’) long, with a one and a half inch (1 ½“) diameter. Tree ties shall be placed at one third (1/3) and two thirds (2/3) of the trunk height. Stakes shall not penetrate the root ball and shall be driven into the ground approximately twenty-four to thirty inches (24” - 30”) below grade.

G. Trunk protectors such as Arbor-Gards or an approved equal shall be placed at the base of the trunk of all new trees immediately after planting.

H. In some cases, root barriers may be required. The City will make this determination. Should a root barrier be required, the Contractor will install a mechanical barrier that redirects root growth downward, eliminating the surface rooting that may damage expensive hardscapes and create a hazard. The barrier shall be twelve inches (12”) in depth and at a length determined by the City and placed in a circular fashion surrounding the tree’s root system. Root barriers may be billed as an additional service.


I. Contractor shall clean up all trash and any spilled soil or dirt on paved surfaces at the end of each working day.

J. All trees shall be of good nursery stock that adheres to the American Standard for Nursery Stock as described in the current ANSI Z60.1 Standards. Trees shall be free from pests, disease, and structural defects.

17. EMERGENCY RESPONSE

The Contractor shall be required to provide emergency on-call response for damaged trees as a result of storms or other unforeseen circumstances. Emergency calls may occur at any given time. The Contractor will be provided with locations and work to be done via telephone call by a City authorized representative. Emergency work shall begin within two (2) hours of the initial telephone call.

Contractor shall be required to provide a twenty-four (24) hour emergency phone number and the names of at least ten (10) contact individuals upon award of contract. Should the contact persons or their phones number change during the course of the contract, those changes shall be submitted to the City within two (2) working days.

Contractor shall be required to provide all necessary traffic control during the course of emergency work. Should the work involve any utility lines, the Contractor shall be required to notify the responsible utility company.

Work performed under the emergency provision of this contract shall be paid for on a crew hour basis. This shall include all labor, tools, equipment, disposal fees, and necessary materials.

18. ARBORIST SERVICES

On occasion, the City requires tree evaluations including written reports. The vendor shall provide an hourly rate for an Arborist that can respond to the City’s request for the preparation of detailed arborist reports, tree risk assessment reports, tree evaluations, and site inspections. Reporting can be generated on as little as one tree to an entire urban forest population and is handled on a case-by-case basis.

19. PESTS AND DISEASES

Upon working on any tree known or suspected to be diseased or infested, Contractor shall disinfect all tools and cut surfaces after each cut and between trees. All material and debris shall be chipped to one inch (1”) or smaller and shall not be left on site or used as mulch off site. Debris shall be handled in a manner consistent with the latest version of all appropriate Best Management Practices (BMP) which minimizes the chances of spreading infection or infestation. No additional charges for disinfection or special handling shall be allowed.

20. PESTICIDE TREATMENT OF TREES

Contractor shall have an “in-house Qualified Applicator apply chemicals in accordance with the recommendations from the “in-house” Agricultural Pest Control Advisor (PCA) and all applicable product labels and regulations. Applications will be made by drench, spray, or


injection as conditions warrant. City policy encourages the use of the least toxic pesticide required for effective control of a given pest.

21. PESTICIDE USAGE AND REPORTING

Contractor shall submit Pesticide Usage Reports to City at the end of each month summarizing the facilities treated, pests treated, pesticides used, pesticide application rates, man hours, and equipment. Reports will provide all information needed in a format sufficient for all annual reporting, including IPM and NPDES.

22. TRAFFIC CONTROL

Contractor shall conform to all City traffic safety requirements and operating rules at all times. Contractor shall employ staff certified as Traffic Control Design Specialists and Traffic Control Technicians in accordance with the American Traffic Safety Services Association (ATSSA).

Contractor will be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through traffic. This is to include high visibility Arrow Boards as necessary. The City, prior to use, must approve all traffic safety equipment.

Illuminated arrow boards, sign stands, delineators, and/or cones shall be used to identify work sites for vehicular and pedestrian safety.

23. CLEAN UP

Contractor shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and sweep streets.

Each day’s scheduled work shall be completed and cleaned up and under no circumstances shall any brush, leaves, debris, or equipment be left on the street overnight. City staff shall be the sole judge as to the adequacy of the clean-up.

24. INVOICING AND PAYMENT

Contractor shall submit invoices monthly, at a minimum. Invoice format shall include, but not be limited to, the address, species, height, and dbh of each individual tree. Failure to submit invoices in this format may result in non-payment until these requirements are met.

The City may withhold payment to such extent as may be necessary to protect the City from loss due to one or more of the following:

• Defective or inadequate work not corrected • Claims filed, or reasonable evidence indicating probable filing of claims • A reasonable doubt that the contract can be completed for the balance unpaid.

25. ENFORCEMENT PROVISIONS

The City will assess penalties against the Contractor for unsatisfactory performance in the form of deductions withheld from the Contractor’s compensation.

Complaints and requests received by the City will be forwarded to the Contractor as soon as possible. Contractor will maintain a computer record of all complaints and requests received


from the City. This record will include the date and time when all complaints and requests are received as well as the date and time the complaint or request has been resolved. All complaints, requests, and responses must be recorded within 24 hours of receipt of the complaint or request and resolution by Contractor. A copy of this record shall be available for inspection upon request by the Director.

The City will provide the Contractor with five days written notice of any proposed penalty. Contractor will have the right to dispute the City’s penalty by written response within five days. The required response times listed below are applicable for complaints and service requests received by the City and forwarded to the Contractor. The response times will always be based on the time the complaint or request is forwarded to the Contractor by the City.

A. Failure to correct deficiency(ies) – Contractor is responsible for corrected any deficiency within 24 hours. A penalty of $500.00 will be assessed any time a deficiency is not corrected within 24 hours from the receipt of the complaint. An additional $100.00 will be assessed for each additional 24 hour period the deficiency is not corrected.

B. Failure to process claim for damages – A penalty of $100.00 will be assessed for failure to process a claim for damages within thirty (30) days from the date submitted to Contractor.

C. Failure to provide reports – A penalty of $25.00 will be assessed for each day after the due date each report required of the Contractor is not provided to the City.

D. Excessive Complaints – A penalty of $2,500.00 will be assessed when more than 25 complaints regarding the Contractor are noted within one calendar year.

E. Operating during unauthorized hours – A penalty of $200.00 will be assessed for any occurrence of the Contractor operating during unauthorized hours, except when authorized in writing by the City.

F. Failure to provide record of service requests/complaints – A penalty of $200.00 will be assessed anytime the Contractor fails to make available a copy of the Contractor’s records within 72 hours of the request by the City.

G. Failure to maintain equipment – A penalty of $50.00 will be assessed for any occasion when Contractor’s equipment does not meet the standards required by the City.

H. Failure to maintain records – A penalty of $2,000.00 will be assessed if the Contractor fails to maintain any records required by the Agreement.

I. Excessive violations of service requirements – The penalty will increase by 25% for any of the above indicators when the City has had to assess the same penalty more than 15 times. The penalty will increase an additional 25% for each additional five occurrences of the same penalty.

J. Failure to respond to emergency request – A penalty in the amount of three (3) times the cost incurred by the City to respond to an emergency due to the Contractor’s failure to perform shall be assessed.

26. MINOR MODIFICATIONS AND/OR ADDITIONAL WORK

The City may modify this Scope of Work with the joint approval of the Contractor and the City administrator. All modifications shall be in writing.


In the event that the City should require additional work beyond this Scope of Services, the Contractor shall provide a competitive quote for the work and the City shall approve the quote in writing prior to commencement of the additional work.


EXHIBIT B


EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. Contractor acknowledges that the project as defined in this Agreement between Contractor and City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Contractor shall perform all work on the project as a public work.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the effective date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor cease to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor has ten days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Contractor shall forfeit $100.00 for each Day, or portion thereof, for each worker, until strict compliance is effectuated.


8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Contractor acknowledges that eight hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

10. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

11. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure.

12. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor’s expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’


fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement.


From: City Manager


Subject: AMENDMENT NO. 2 TO TREE MAINTENANCE SERVICES CONTRACT WITH WEST COAST ARBORISTS, INC.

Recommendation:

1. Approve completion of tree trimming backlog of 470 trees; and

2. Authorize the City Manager to execute contract Amendment No. 2 to AgreementNo. 19-1928 (Enclosure 1) in a form approved by the City Attorney.

Fiscal Impact:

A one-time amount of $100,521 will be appropriated to Account No. 100.40.4030-54500 to complete the backlog of 470 tree trimming requests. Fund savings from programs being paid with the new Measure W funds are available within the anticipated year-end surplus in fiscal year (FY) 2020-21.

Discussion:

Based on a tree inventory conducted in 2020, the City has approximately 12,500 street, park and parkway trees comprising its urban forestry with an estimated value of $36,500,000. Trees provide many benefits, including reduced pollution, energy conservation, economic stability, beautification and increased property values.

On August 19, 2019, the Tree Maintenance Services Request for Proposals (RFP) was posted on the City’s website through PlanetBids.com, a web-based procurement company. On September 5, 2019, Public Works received two (2) proposals. After reviewing the proposals, West Coast Arborists, Inc. (WCA) was determined to be the best contractor for tree maintenance services. WCA has a 47-year track record of working for more than 300 California and Arizona municipalities, as well as other agencies. The company has been in business since 1972 and specializes in Class C61 (Tree Service) as well as Class C27 (Landscaping). WCA employs over 80 Certified Arborists and over 140 Certified Tree workers, as recognized by the Western Chapter of the International Society of Arboriculture. Current and former clients include, but not limited to the County of Los Angeles, and the cities of Norwalk, Santa Fe Springs, Temple City and Pico Rivera.

10

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 CONTRACT AMENDMENT FOR TREE MAINTENANCE SERVICES WITH WEST COAST ARBORISTS, INC. Page 2 of 2 On December 10, 2019, a tree maintenance service contract in the amount of $859,795 was awarded to WCA based on a five-year trimming cycle. In January 2020, WCA started trimming trees, 11 months after the previous contractor had ended tree trimming services. This lapse in tree trimming services, in addition to the change to a five-year trimming cycle, created a backlog of tree trimming service requests that can no longer be deferred. To the extent possible, tree trimming should be performed on a grid basis where all the trees in the area are trimmed in blocks to take advantage of the lowest cost per unit for grid trimming. Specific tree species, such as Palm trees, need to be trimmed annually since they require additional pruning and cleaning throughout the year compared to evergreen trees that may be trimmed on a three-year basis. Trimming includes structural pruning, crown raising, cleaning and thinning per the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and ANSI A300 Standards. Conclusion: The City has paid approximately $60,000 in tree-related claims in the last four (4) years. Therefore, staff recommends approving Amendment No. 2 to Agreement No. 19-1928 with WCA to complete the backlog of 470 trees. Once approved, WCA will complete the work within two (2) months. Steve Carmona SC:MH:JG:lg Enclosure: 1) Amendment No. 2

cayala

Steve Carmona

ENCLOSURE 1

AMENDMENT NO. 2 TO THE TREE MAINTENANCE SERVICES AGREEMENT

WITH WEST COAST ARBORISTS, INC., AGREEMENT NO. 19-1928

THIS AMENDMENT NO. 2 TO AGREEMENT NO. 19-1928 FOR TREE MAINTENANCE SERVICES WITH WEST COAST ARBORISTS, INC. (“Amendment No. 2"), effective as of the date specified in paragraph one hereof, is made and entered into by and between the CITY OF PICO RIVERA (“CITY”), and West Coast Arborists, Inc., (“CONTRACTOR”).

RECITALS

A. CITY and CONTRACTOR (collectively referred to as the “Parties”) have previouslyexecuted that certain Tree Maintenance Services Agreement for Agreement No.19-1928 (“Agreement”) relating to tree maintenance services in the City of PicoRivera.

B. PARTIES have previously executed that certain Amendment No. 1 to theContractual Services Agreement with West Coast Arborists, Inc. Agreement No.18-1838, (“Amendment No. 1”) amending the Agreement.

C. The Parties desire to amend said Agreement as set forth herein, pursuant toSection 35 of the Agreement.

NOW, THEREFORE, THE PARTIES AGREE THAT THE AGREEMENT SHALLBE AMENDED AS FOLLOWS:

1. MODIFICATION TO THE SCOPE OF SERVICES.

The Scope of Services to be performed by CONTRACTOR, as set forth in ExhibitA of the Agreement shall be supplemented by the additional work included hereinand incorporated by reference as Exhibit A-1 to this Amendment No. 2.

2. MODIFICATION OF CONSULTANT’S COMPENSATION.

The compensation to be paid by CITY to CONTRACTOR for the modified workshall be in accordance with the proposal attached hereto as Exhibit A-1 to thisAmendment No. 2. The not to exceed maximum contract amount under Section2(a) of the Agreement shall be hereby increased to an amount not to exceed OneHundred Thousand Five Hundred Twenty One Dollars ($100,521).


Except as modified herein, either expressly or by necessary implication, the termsand provisions of the Agreement between the CITY and CONTRACTOR shallremain in full force and effect.

10a

Amendment No. 2 Tree Maintenance Services Agreement WEST COAST ARBORISTS, INC. Page 2 of 2 4. EFFECTIVE DATE.

Unless otherwise specified herein, this Amendment No. 2 shall become effective as of the date set forth below on which the last of the parties, whether CITY or CONTRACTOR, executes this Amendment No. 2.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed and attested by their respective officers hereunto duly authorized. “CITY” “CONTRACTOR” CITY OF PICO RIVERA WEST COAST ARBORISTS, INC. ______________________________ _________________________________ Steve Carmona, City Manager Patrick M. Mahoney, President Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM ___________________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney

JOB LOCATIONVarious locations as indicated from a City-provided list.

SCOPE OF WORK1) Special request tree pruning on 267 designated Pine trees, and 2) prune 203 various trees as service requests as directed by City personnel

CUSTOMER INFORMATIONMain Contact Billing ContactMARTIN RIOS MARTIN RIOSCITY OF PICO RIVERA 9633 BEVERLY ROAD PICO RIVERA, CA 90660 562.801.4460 [email protected]

CITY OF PICO RIVERA 9633 BEVERLY ROAD PICO RIVERA, CA 90660 562.801.4460 [email protected]

Inventory Needed Link Funds to Job # Purchase Order # DIR Project ID #

Yes

DESCRIPTIONQTY U/M UNIT PRICE TOTAL801.00 Tree Pruning of (267) Canary Island Pine trees Hour $89.00 $71,289.00

203.00 Service Request Pruning Each $144.00 $29,232.00

$100,521.00GRAND TOTAL:

COMMENTSPerform Full Pruning (in excess of 25% live foliage removed) to (267) Canary Island Pine trees. Once the contract amendment is approved, WCAwill complete the work within two months.

DISCLAIMER: West Coast Arborists, Inc. ensures the quality of work performed, however, we do not ensure the customer's/city's entire tree population from failure. Conditions are oftenhidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances. The controlling authority must manage trees and acceptsome degree of risk. Only work identified in the scope of the proposal and in the contract line item is included in our quote or invoice. All work will be completed in accordance withANSI A300 standards. Price reflects payment under prevailing wage rates under the wage determination: Tree Maintenance Laborer and report of certified payroll to the Department ofIndustrial Relations as applicable in accordance with state labor laws.

CA Contractors License 366764 Federal Tax ID: 95-3250682 CA DIR Registration 1000000956

GONZALO REGALADO 05/18/21

ESTIMATED BY TITLE DATE

DATETITLEACCEPTED BY

AREA MANAGER

WEST COAST ARBORISTS, INC.2200 E. Via Burton Street Anaheim, CA 92806 800.521.3714 Phone 714.991.7844 E-Fax WCAINC.COM

Proforma# 69236

PROFORMA FOR TREE MAINTENANCE SERVICESPROFORMA FOR TREE MAINTENANCE SERVICES

Printed on: 8/5/2021 2:47:35 PM Page 1 of 1

Martin Rios Supervisor 8/5/2021

Exhibit A-1


From: City Manager


Subject: PICO RIVERA REGIONAL BIKEWAY PROJECT (CIP NO.21280), FEDERAL PROJECT NO. ATPL-5351 (032) —AMENDMENT NO. 3 TO PROFESSIONAL SERVICESAGREEMENT NO. 18-1844 WITH BKF ENGINEERS

Recommendation:

1. Authorize the City Manager to execute Amendment No. 3 to ProfessionalServices Agreement No. 18-1844 with BKF Engineers for a fee not-to-exceed$225,037.

Fiscal Impact:

The total current funding for the Pico Rivera Regional Bikeway Project (Project) is$6,923,615. Funding consists of $3,932,000 in Federal Active Transportation ProgramCycle 2 Grant Funds (Fund 698), $1,801,615 in State Urban Rivers Grant Funds (Fund699), $500,000 in Measure M (Fund 208), $500,000 in Measure R (Fund 207) and$190,000 in Transportation Development Act Funds (Fund 210). Additional servicesprovided in Amendment No. 3 will be funded by Measure R. No additional funding isrequired at this time. There is no fiscal impact to the General Fund as a result of thisregional project.

Discussion:

This Project entails a 1.5-mile bicycle access facility that will add a connection(bicycle/pedestrian bridge) over the San Gabriel River. The Project includes a Class IVbike path along Mines Avenue from the Rio Hondo Channel to the San Gabriel River; anew bridge structure located approximately 2,600 feet north of Mines Avenue spanningthe San Gabriel River; and Class I and II bike lanes along Dunlap Crossing Road fromthe San Gabriel River to Norwalk Boulevard.

The alignment will connect an existing publicly accessible bike path on the west side ofthe San Gabriel River to the San Gabriel River Mid Trail. Additionally, the Projectproposes street improvements along Mines Avenue from the Rio Hondo Channel to theSan Gabriel River. The proposed improvements on Mines Avenue include but are notlimited to pavement reconstruction, installation of bio-swales, reconfiguration of parking

11

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 PICO RIVERA REGIONAL BIKEWAY PROJECT (CIP NO. 21280), FEDERAL PROJECT NO. ATPL-5351 (032) — AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT NO. 18-1844 WITH BKF ENGINEERS Page 2 of 3 lanes, traffic signal modifications at the intersection of Rosemead Boulevard and Mines Avenue; and landscaping improvements. The Project will utilize sustainable native and drought tolerant plants, shrubs, and trees to limit water usage. In 2015, the City was awarded a Federal grant under Cycle 2 of the Active Transportation Program (ATP) for this Project in the amount of $3,932,000. The ATP goals are to increase the proportion of trips accomplished by biking and walking in the local community, increase safety and mobility, advance the active transportation efforts of regional agencies to achieve greenhouse gas reduction, and enhance public health. The ATP grant required a local match. Therefore, the City applied for and was successfully awarded the competitive Urban Rivers Grant (URG) through the State Department of Natural Resources in the amount of $1,801,615 to serve as the City’s local match for the construction phase of the Project. Funding from the URG and ATP grants will incorporate green infrastructure improvements to the Project to divert, treat, and replenish water resources coming from various forms of storm water and neighborhood runoff, preventing runoff from discharging to the Rio Hondo or San Gabriel rivers or treating it prior to discharge. On October 23, 2018, the City Council approved Professional Services Agreement No. 18-1844 with BKF Engineers (“BKF”) for environmental studies, preparation of plans, specifications, estimates and construction support services for this project for a fee not to exceed $1,157,496. On March 24, 2020, the City Council approved Amendment No. 1 to Professional Services Agreement No. 18-1844 to modify the environmental documents and revalidate the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) Forms for a fee not-to-exceed $82,553. As a result of comments received during community outreach meetings held by City staff and BKF Engineers, modifications to the conceptual design of the Project were made to address concerns from nearby residents such as parking, emergency vehicle access and traffic calming measures. Additional modifications included the relocation of the Class IV bike path along Mines Avenue from the center of the roadway to the southern curb and providing access paths from residential homes to parking stalls. On May 26, 2021, Amendment No. 2 to Professional Services Agreement No. 18-1844 was executed for a contract time extension under the City Manager’s authority. The professional services agreement was extended to June 30, 2023. The recommended Amendment No. 3 (Enclosure 1) provides right-of-way engineering services and utility subsurface investigation to complete design and obtain right-of-way clearance per the Caltrans Local Procedure Manual. Right-of-way engineering services for construction easements, permanent easements and use agreements are required

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 PICO RIVERA REGIONAL BIKEWAY PROJECT (CIP NO. 21280), FEDERAL PROJECT NO. ATPL-5351 (032) — AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT NO. 18-1844 WITH BKF ENGINEERS Page 3 of 3 for the pedestrian bridge over the San Gabriel River. Eight (8) parcels were identified as potential conflicts with the proposed project alignment. Staff and BKF Engineers will coordinate with affected parcel owners which include Southern California Edison and Los Angeles County Flood Control District (LACFCD). A utility subsurface investigation will be performed by BKF Engineers to confirm proposed connection locations into the storm drain system for the proposed bioswale and to determine areas of potential conflicts between underground facilities and the proposed design alignment. Increases in the design fees are due to potholing services, preparation of right-of-way exhibits, plat maps and legal descriptions, coordination with utilities and local agencies, surveying, and preparation of right-of-way and utility certification submittal per Caltrans Local Procedure Manual required to finalize the design for the project. The anticipated project schedule is as follows:

• Right-of-Way Clearance – June 2022 • Design Completion – June 2022 • Construction – November 2022

During July 2021, the City of Pico Rivera hosted three community outreach events to provide project information, receive comments from residents and promote active transportation in the City. Project information booths were assembled at each event. The events were held at the Pico Rivera Golf Course on July 10, 2021, at Smith Park on July 17, 2021 and a ten mile community bike ride on July 31, 2021 beginning at Smith Park. The City partnered with the Los Angeles County Bicycle Collation, the Sheriff’s Department and local representatives at each event. Conclusion: Additional professional services are needed to complete design and obtain right-of-way clearances per Caltrans federal guidelines to move the project into the construction phase. The project design is currently at 90%. Staff recommends amending Agreement No. 18-1844 with BKF Engineers for an additional fee not-to-exceed $225,037 to finalize right-of-way clearance and design services. Steve Carmona SC:MH:KG:lg Enclosure: 1) Amendment No. 3 to Professional Services Agreement No. 18-1844

cayala

Steve Carmona

ENCLOSURE 1

AMENDMENT NO. 3TO THE PROFESSIONAL SERVICES AGREEMENTWITH BKF ENGINEERS, AGREEMENT NO. 18-1844

THIS AMENDMENT NO. 3 TO AGREEMENT NO. 18-1844 FOR PROFESSIONALSERVICES WITH BKF ENGINEERS (“Amendment No. 3"), effective as of the datespecified in paragraph 4 hereof, is made and entered into by and between the CITY OFPICO RIVERA (“CITY”), and BKF Engineers, (“CONSULTANT”).

RECITALS

A. CITY and CONSULTANT (collectively referred to as the “PARTIES”) havepreviously executed that certain Agreement for Professional Services, AmendmentNo. 1 and No. 2 (“Agreement”) relating to professional services in the City of PicoRivera.

B. The PARTIES desire to amend said Agreement as set forth herein, pursuant toSection 4.1 of the Agreement.


1. MODIFICATION OF SCOPE OF SERVICES TO BE PERFORMED BYCONSULTANT.

The Scope of Services to be performed by CONSULTANT, as set forth in theAgreement shall be modified as follows:

Right-of-way engineering support and utility subsurface investigation as set forth inthe CONSULTANT’S Proposal dated July 1, 2021, attached hereto as Exhibit “A-1”to this Amendment No. 3.


The compensation to be paid by CITY to CONSULTANT for the modified work andservices identified in this Amendment No. 3 shall be as follows:

Total compensation in accordance with the Consultant’s Fee Proposal datedJuly 1, 2021 for an amount not to exceed Two Hundred Twenty FiveThousand Nine Thirty Seven Dollars ($225,037.00).


Except as modified herein, either expressly or by necessary implication, the termsand provisions of the Agreement between the CITY and CONSULTANT shallremain in full force and effect.

11a

Amendment No. 3 to Professional Services Agreement No. 18-1844 BKF ENGINEERS Page 2 of 2 4. EFFECTIVE DATE.

Unless otherwise specified herein, this Amendment No. 3 shall become effective as of the date set forth below on which the last of the parties, whether CITY or CONSULTANT, executes this Amendment No. 3.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to be executed and attested by their respective officers hereunto duly authorized. “CITY” “CONSULTANT” CITY OF PICO RIVERA BKF ENGINEERS ______________________________ _________________________________ Steve Carmona, City Manager Chris Rideout, Principal Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM ___________________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney

BKF ENGINEERS

4675 MacArthur Court, Suite 400, Newport Beach, CA 92660 | 949.526.8460

February 24, 2021 (Revised 5/05/2021)

BKF No. 20180006-10

Kenner Guerrero

City of Pico Rivera

6615 Passons Boulevard

Pico Rivera, CA 90660

Transmitted Via Email

Subject: Additional Service Request

Pico Rivera Regional Bikeway, CIP No. 21280, Active Transportation Program (ATP) Federal

Project No. 5351(032)

Dear Mr. Guerrero:

Per your request, we have prepared this additional service request that addresses work outside the limits of

our current contractual scope of work. Below I have identified each item with the approximate level of effort

needed to address the additional tasks.

ADDITIONAL SCOPE OF SERVICES

TASK 1: RIGHT OF WAY SERVICES AND ENGINEERING

BKF has requested Epic to support the BKF Team in providing Right of Way Services for the Pico Rivera

Regional Bikeway (Project). It is with understanding that the Project has two components:

1. Pavement rehabilitation, bioswales, and construction of a Class IV bikeway along Mines Avenue

2. Construction of a pedestrian bridge over the San Gabriel River

For part 1, temporary construction easements are required from 3 private owners to perform the pavement

rehabilitation work. For part 2, permanent and temporary easements as well as other required agreements

(licenses, encroachment permits) are required from the Los Angeles County Flood Control District (LACFCD),

Union Pacific Railroad Company, (UPRR), and Southern California Edison (SCE).

The project is subject to Caltrans oversight and will require that right of way work be performed in accordance

with the Caltrans Right of Way and Local Assistance Procedures Manuals. Additionally, BKF is coordinating

with affected utilities and will prepare the Caltrans Utility Certification Package, and anticipates Epic review

prior to submittal to Caltrans for approval.

Approach

Title Review, Appraisal and Acquisition

Upon receiving notice to proceed, Epic will prepare and provide resumes for key technical staff including

Project Manager, Appraiser, Review Appraiser, Acquisition Agent, and Utility Coordination Manager for

submittal to Caltrans. This is to demonstrate that Epic possesses the qualifications to perform the work on

behalf of the City of Pico Rivera.

Once approved by Caltrans, Epic will order and review preliminary title reports for the affected parcels to

confirm the rights required from each owner/agency, and that there are no unacceptable encumbrances or

Covenants, Conditions, or Restrictions (CCRs) that would prevent the City from obtaining the necessary

interests to construct the project.

lgaray

Typewritten Text

EXHIBIT A-1

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Concurrent with title research, Epic will reach out to the affected agencies to initiate or continue discussions

regarding the types of permission that will be required for the City to construct the project. We anticipate that SCE

may require a secondary use license in addition to or in lieu of real property rights. LACFCD is likely to require a

permit to construct the facility in addition to the perpetual easement rights required. UPRR will likely require an

encroachment permit to be filed through their online application system. Each of these entities is expected to

request review of the facility designs and will likely provide comments on the proposed design before approval. Epic

will coordinate with these agencies but will rely on input from BKF and the City to provide design plans, updates,

and responses to comments.

Once title documents have been reviewed and depending on what type of real property rights are required, BKF and

Epic will coordinate to prepare legal descriptions and plat maps. These “legals and plats” will serve to inform Epic’s

appraisers of the location, dimensions, and duration of the required easements.

While legals and plats are being prepared, Epic will begin to prepare offer packages to present to the affected

owners. Epic will coordinate with the City to obtain the necessary document templates or provide example

templates as required. Once legals and plats are completed and approved by the City, Epic’s appraisers can begin

their valuations. Epic’s appraisers will prepare a notice of intent to appraise and inspect to be reviewed by the City.

Once approved, the notices will be sent to owners and Epic’s appraisers will follow up with owners as necessary to

coordinate on-site inspections. We assume Waiver Valuations can be prepared in lieu of narrative appraisal reports

for the 3 TCEs required from the single-family parcels along Mines Ave.

Once appraisals and reviews are completed, Epic will generate a memo recommending the Just Compensation

Amount for each acquisition to the City. Once the City approves the Just Compensation, Epic will finalize and deliver

offers to each owner. Epic will negotiate acquisition of the required rights on behalf of the City, obtaining

concurrence from the City before making an offer which significantly deviates from the agreed-upon just

compensation amount. Diaries of owner interactions will be maintained throughout the acquisition process. Once

offers are accepted, Epic will obtain signed agreements from the owners and open escrow. It is assumed that the

City will contract directly with their preferred escrow company, and that the escrow company will have full

responsibility for obtaining the necessary documents and signatures from the grantor/grantee required to close

Escrow. However, Epic will coordinate with the escrow company on the City’s behalf as needed.

During acquisition of easement rights, Epic will continue to coordinate with the affected agencies, BKF, and the City

to obtained finalized licenses and permits. These documents, along with easement deeds, will be compiled into a

Caltrans Right of Way Certification package for review. Epic will address any comments from Caltrans on the

certification package and resubmit a final certification (if necessary) for signature. Once certification is obtained, Epic

will close out case files and provide the closed files to the City for their records.

Right of Way Engineering

BKF will prepare Paper Boundary Mapping for the ten (10) parcels that are affected by the Project. Preliminary Title

Reports will be used, in addition to record drawings and as-builts. Right of way for the ten parcels will be mapped

for the purposes of identifying the square footages for Temporary Construction Easements (TCE), and permanent

easements. (See Exhibit A Right-Of-Way Requirements Map).

Right of Way Exhibits

During the initial discussions with property owners, BKF will prepare exhibits (see below for samples of exhibits)

depicting the impacts to the property due to the Project. The legals and plats will also serve as exhibits to share

with property owners to describe the rights required. Finally, these documents will be included along with the

recorded deeds to document the rights being conveyed, and utilize these exhibits as part of the right of way

certification submitted to Caltrans to obtain approval for the E-76 for construction.

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Utility Certification Preparation and Review

BKF will prepare the forms required by Caltrans per Local Assistance Program Manual, such as the Notice to Owners,

Research of Investigation (if necessary), Utility Agreements, and other forms as required by the Project for each

utility company (SCG, SCE, Pico Water, LACFCD, etc.). BKF will also continue to coordinate with the utility companies

to complete the Utility Certification.

Epic will review the Utility Certification package prepared by BKF to ensure that it conforms to Caltrans requirements

and can be approved by Caltrans. Epic will notify BKF of deficiencies in documentation including missing or

incorrectly completed forms, agreements, or supporting documentation.

Plat Map and Legal Descriptions

BKF will develop and provide Legal Descriptions and Plat Maps to ten (10) parcels to accurately document the meets

and bounds of the permanent and temporary acquirements.

TASK 2: POTHOLING SERVICES

BKF has invited Site Scan to team for the potholing and “X” Trenches services. The removal, replacement and

installation of new traffic signals at the intersection of Mines Avenue and Paramount Boulevard (1 new), and Mines

Avenue and Rosemead (4 new) will potentially impact existing utilities. There are several existing facilities within the

intersections and placing the traffic signals without impacting these facilities will be challenging. In order to ensure

the installation of these new traffic signals during construction goes without utility conflicts and cause delay, we are

potholing to the full depth and diameter of the traffic signal pole foundation at the proposed locations during the

design phase. Based on the traffic signal types, the depth and diameter of the foundation vary. For the Project, we

are proposing two (2) traffic signals with the foundation depth of six (6) feet and diameter of two and a half (2.5)

feet, one (1) traffic signals with the foundation depth of seven and half (7.5) feet and diameter of two and a half (2.5)

feet, one (1) traffic signal with the foundation depth of thirteen (13) feet and diameter of three and a half (3.5) feet,

and one (1) traffic signal with the foundation depth of fourteen (14) feet and diameter of four (4) feet.

We are proposing to use the “X-Trench” method when potholing the traffic signals. Three-inch (3-inch) slots will be

of 13 BKF ENGINEERS

trenched extending beyond the foundation diameter in an “X” formation creating a box with the same dimension as

the diameter of the foundation, and pothole a twelve-inch (12-inch) diameter at the center to the full depth of the

traffic signal foundation, as shown below. This will allow the City and our Designers to determine the final location

of the proposed traffic signals.

In addition to potholing the traffic signals, the Project requires to pothole at twenty (20) locations and two (2) trench

potholing of the existing utilities at the proposed storm drain laterals crossings, and existing utilities crossing the

bioswales to positively locate the facilities vertically and laterally (See Exhibit B Preliminary Pothole Locations Exhibit).

BKF will stake the pothole and “X” Trenches locations prior to Site Scan coming onto the Project site. During the “X”

Trenches are being performed for the new traffic signal, BKF will be on-site with Site Scan to ensure dry holes at the

proposed locations. If existing utilities are present, BKF will be able to proactively relocate the proposed traffic

signal to a new location that is free and clear of any utility conflicts.

Traffic Control & Permitting

Site Scan will provide basic traffic control for up to thirty (30) days pursuant to WATCH. In the event site specific

traffic control plans are required a change order will be necessary. Additionally, if traffic control plans require

flaggers, additional setup, etc., a change order may be necessary. It is assumed that the City will provide a No-Fee

Encroachment Permit to perform the potholing activities.

TASK 3: PROJECT MANAGEMENT

With the additional services and Project schedule extended, we are also requesting to increase the budget for

Project Management to manage, coordinate and complete the added services. Due to the increased length for

LACFCD review process, the Project schedule approved by Caltrans to be extended to twenty months. With the

project schedule extension, we anticipate additional meetings with the City, County and utility agencies.

TASK 4: PUBLIC OUTREACH

The City expects to schedule the fifth public outreach prior to start of construction. We anticipate this public

outreach will be in-person since construction will likely commence in 2022. We will schedule and lead the public

outreach with the City, be responsible for the materials, such as Powerpoint Presentation and poster boards. We will

present the project to the community and respond to questions.

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COMPENSATION

BKF proposes to provide the additional services on the basis of the current contract with the City of Pico Rivera. We

will continue to invoice for our services per task summarized as follows:

Task Description Fee

1 Right of Way Services and Engineering $ 113,610

2 Potholing Services $70,611

3 Project Management $12,270

4 Public Outreach $5,096

RE Reimbursables & Outside Direct Cost $23,450

Total Labor Fee $225,037

Assumptions:

1. R/W mapping (paper boundary) are only for parcels affected by the Project

2. No-Fee Encroachment permit to be provided by the City

3. Traffic Control Plans signed by a Traffic Engineer is not included. Traffic control during potholing and

surveying activities will be per WATCH manual.

4. Additional days for potholing services will require a change order to be submitted and approved prior to

commencing work.

5. Utility locating using GPR or other instruments are not included. BKF will be marking/staking the locations of

the potholes.

6. Additional days for surveying services will require a change order to be submitted and approved prior to

commencing work.

7. Assumes monthly virtual status meetings, monthly status report preparation, and related tasks.

8. Assumes 8 appraisals will be prepared.

9. Assumes 10 parcels with 6 unique owners are impacted.

10. Appraisal summary statements will be provided for each appraisal.

11. Assumes City will provide Right of Way document templates. Epic can provide for an additional fee.

12. Assumes no eminent domain support is required.

13. Assumes City will pay license/permit application fees

14. Assumes a maximum of 2 coordination meetings each with UPRR, Flood Control, and SCE

15. Deposition, court testimony and expert witness fees are additional, to be compensated on a time and

materials basis.

16. This proposal does not include fees for litigation guarantees.

Please contact me at 949-526-1042 if you have any questions regarding the additional scope items or if we need to

meet to review them.

Respectfully,

BKF Engineers

Sheila Amparo, PE, QSD/P

Senior Project Manager

CITY OF PICO RIVERA REGIONAL BIKEWAY PROJECT

Chris

Rideout

Sheila

Amparo BJ Swanner Jesse OrtizMiguel

Murillo

Curtis

Bibolet

Abigail

Lopez

PIC

Senior Project

Manager

Eng/Sur

Manager Eng/Sur II

Project

Assistant

Party Chief/

Chainperson

ODC

Site Scan R/W Lead

Senior R/W

Agent R/W Agent

Utility

Coordination

Lead

Budget/

Financial

Controls

Task 1 Right of Way Services and Engineering 476 $73,118 352 $40,492 646 $113,609

Task 1.1 Right of Way Services & Review of Utility Certification Package 8 8 16 $2,870 46 200 84 16 6 352 $40,492 368 $43,361

Task 1.2 Right of Way Engineering 12 48 60 $9,499 $0 60 $9,499

Task 1.3 Right of Way Exhibits 6 36 12 54 $7,667 $0 $7,667

Task 1.4 Utility Certification Package Preparation 4 24 60 40 128 $19,028 $0 $19,028

Task 1.5 Plat Map and Legal Descriptions 2 8 40 168 218 $34,053 $0 218 $34,053

Task 2 Potholing Services 104 $70,611 0 $0 68 $61,140

Task 2.1 Potholing Services (2 trench potholing, 20 potholes and 5 "X" Trenches) 12 48 8 50,850 68 $61,140 $0 68 $61,140

Task 2.2 Survey Staking (assumes 5 days) 36 36 $9,471 $0

Task 3 Project Management 68 $12,270 0 $0 68 $12,270

Task 3.1 Project Management 48 20 68 $12,270 $0 68 $12,270

Task 4 Public Outreach 32 $5,096 32 $5,096

Task 4.1 Public Outreach (1 Mtg) 12 12 8 32 $5,096 32 $5,096

Subtotal Hours 6 130 40 380 88 36 680 46 200 84 16 6 352 1,032

Hourly Rate $317.62 $214.44 $186.54 $144.29 $98.85 $263.07 $172.95 $112.06 $84.40 $143.89 $122.01

Subtotal Budget $1,906 $27,878 $7,462 $54,831 $8,699 $9,471 $161,094 $7,955.70 $22,412.00 $7,089.60 $2,302.24 $733.00 $40,492 $201,586

Other Direct Costs (ODC) $2,500 $20,950 $2,950

Reimbursables $2,500 $450 $2,950Appraisal Reports (8 reports, 3 waivers), Appraisal Reviews $20,500

TOTALS $163,595 $61,442 $225,037 $225,037

ASSUMPTIONS

- R/W mapping (paper boundary) are only for parcels affected by the Project

- No-Fee Encroachment permit to be provided by the City

- Traffic Control Plans signed by a Traffic Engineer is not included. Traffic control during potholing and surveying activities will be per WATCH manual.

- Additional days for potholing services will require a change order to be submitted and approved prior to commencing work.

- Utility locating using GPR or other instruments are not included. BKF will be marking/staking the locations of the potholes.

- Additional days for surveying services will require a change order to be submitted and approved prior to commencing work.

- Assumes monthly virtual status meetings, monthly status report preparation, and related tasks.

- Assumes 8 appraisals will be prepared.

- Assumes 10 parcels with 6 unique owners are impacted.

- Appraisal summary statements will be provided for each appraisal.

- Assumes City will provide Right of Way document templates. Epic can provide for an additional fee.

- Assumes no eminent domain support is required.

- Assumes City will pay license/permit application fees

- Assumes a maximum of 2 coordination meetings each with UPRR, Flood Control, and SCE

- Deposition, court testimony and expert witness fees are additional, to be compensated on a time and materials basis.

- This proposal does not include fees for litigation guarantees.

Budget

Per Task

Total

Hours

BKF ENGINEERS EPIC LAND SOLUTIONS

Total

Hours

Budget

Per Task

TOTAL

BUDGET

Total

Hours

Budget

Per Task

GRAND TOTAL


From: City Manager


Subject: ANNUAL SIDEWALK IMPROVEMENT PROJECT (CIP NO. 50038) – AUTHORIZATION TO ADVERTISE FOR CONSTRUCTION

Recommendations:

1. Approve Plans, Specifications and Estimate (PS&E) for the Annual SidewalkImprovement Project (CIP No. 50038) and authorize the City Clerk to publish theNotice Inviting Bids;

2. Approve the Notice of Exemption (NOE) for the subject project and authorize theCity Clerk to file the NOE with the County Recorder, in accordance with theCalifornia Environmental Quality Act (CEQA); and

3. Approve the Total Project Budget.

Fiscal Impact:

Available funding for this project totals $400,000 (Measure R, Account No. 207.70.7300-54500-50038) as shown in the Total Project Budget (Enclosure 2). No additional funding is required at this time. There is no fiscal impact to the General Fund.

Discussion:

The Capital Improvement Program (CIP) includes a budget for concrete improvements on an annual basis. Concrete improvements consist of repairs and replacement of damaged sidewalks, curb and gutter, ADA ramps and other miscellaneous concrete improvements. Such improvements are necessary to enhance walkability, pedestrian safety (e.g. removing tripping hazards), and to meet Americans with Disabilities Act (ADA) standards.

The project entails reconstruction of existing sidewalks, curbs and gutters. Locations included in the project were selected based on reports of damaged sidewalk from residents and staff throughout the City. Staff inspected the damaged areas reported and tracked them in a database to verify the type and extent of the repairs needed.

12

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 ANNUAL SIDEWALK IMPROVEMENT PROJECT (CIP NO. 50038) AUTHORIZATION TO ADVERTISE FOR CONSTRUCTION Page 2 of 2 The planning and design phase have been completed. The plans and specifications are available in the Public Works Department for review. Approval from the City Council is necessary to advertise the project for construction bids. The anticipated schedule is as follows:

• Authorization to Bid August 2021 • Bid Opening Date and Award September 2021 • Start Construction October 2021 • Complete Construction January 2022

The project has been reviewed for environmental compliance. Pursuant to the guidelines of the California Environmental Quality Act, the Annual Sidewalk Improvements Project is categorically exempt under Class 1(c) for existing facilities. Under CEQA, a project is exempt if the scope of work is limited to the repair, maintenance, reconstruction or minor alterations of an existing street and/or sidewalk. Conclusion: Approval from the City Council is necessary to advertise the project for construction bids. The construction management and inspection services will be provided by the Department of Public Works, Engineering Division staff. Steve Carmona SC:MH:TR:lg Enclosure: 1) Notice of Exemption 2) Total Project Cost

cayala

Steve Carmona

12a

Enclosure 1

ENCLOSURE 2

Estimated Cost$3,188$7,000

$297,265$44,590$47,957

$400,000

Estimated Budget$100,000$300,000$400,000

ANNUAL SIDEWALK IMPROVEMENT PROJECT CIP No. 50038

ESTIMATED TOTAL PROJECT COSTAs of July 28, 2021

TOTAL PROJECT BUDGET:

TOTAL ESTIMATED PROJECT COST:

Funding Category

Project ActivityJob Costing (Pico Rivera Staff Time)

Contingency (15%)Construction (Estimate)

Construction Management & Inspection (Pico Rivera Staff Time)

Measure R- Fund 207 (Appropriated FY 2020-21)

Design Services

Measure R- Fund 207 (Appropriated FY 2021-22)

12b

To: Mayor and City Council From: City Manager Meeting Date: August 10, 2021 Subject: APPROVE THE PROPOSED SECOND EARLY RETIREMENT

INCENTIVE PROGRAM SIDE LETTERS FOR SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 FULL-TIME UNIT AND PICO RIVERA MID-MANAGERS, PROFESSIONALS AND CONFIDENTIAL EMPLOYEE ASSOCIATION

Recommendation:

1. Approve the proposed side letters with the City employee groups establishing aSecond Early Retirement Incentive Program (ERIP II).

Fiscal Impact:

Total savings will depend on the amount of time the City can hold a specific position vacant, which will be determined by operational needs. The total cost of the ERIP II program will be up to $151,529 less budgeted operational savings. This cost includes the cost of the ERIP benefit of $118,074 and the cost of cashing employee leave banks out upon separation from City employment of $33,455.

If both ERIP II eligible employees retire, the City will realize a $10,492 cost reduction per pay period as long as the positions remain vacant. If both positions remained vacant for one year, the total cost reduction would be $272,800 with a total program cost of $151,529, reflecting a net savings of $121,271.

Discussion:

The Second Early Retirement Incentive Program (ERIP II) establishes a cash incentive for eligible employees to retire from City employment. City of Pico Rivera (City) Departments identified nine (9) employees in the SEIU Rank and File Full-Time Bargaining Unit and five (5) employees in the Mid-Managers and Professional and Confidential EmployeeBargaining Unit that were offered ERIP II incentives for early retirement, and one (1)employee in each group has elected to consider the offer. The City offered eligible

13

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 APPROVE THE PROPOSED SECOND EARLY RETIREMENT INCENTIVE PROGRAM SIDE LETTERS FOR SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 FULL-TIME UNIT AND PICO RIVERA MID-MANAGERS, PROFESSIONALS AND CONFIDENTIAL EMPLOYEE ASSOCIATION Page 2 of 2 employees four (4) options to consider for ERIP II and allowed eligible employees to choose the highest value. The four (4) ERIP II options included: 1) The cash value of a CalPERS two-year service credit, 2) $25,000, plus $1,000 for every year of service, 3) Average of potential retirees six (6) months base salary and 4) Six (6) months of salary. Two (2) City employees accepted the City’s ERIP II offer, with a combined incentive payout of $118,074. The goal of the ERIP is to reduce overall City payroll in order to reduce the structural deficit without impacting core services. Savings are generated by either: (1) eliminating positions, (2) holding positions vacant for a period of time, or (3) hiring employees who have reduced pension costs (CalPERS Tier 2 and PEPRA-eligible), reduced retiree health costs, and typically are hired into entry-level salary rates (the salary difference between a top step Manager and a bottom step Manager is $27,516, and the salary difference between a top step Maintenance Worker II and a bottom step Maintenance Worker II is $10,980). Staff has met and conferred with the labor groups regarding these effects and has reached an agreement on Side Letters (Enclosures 1 and 2) to implement an ERIP II program that may help reduce overall payroll costs. The unions asked all eligible employees what their interest was, only the two employees included committed to the program. In addition, the union acknowledges that the management team has the sole discretion to eliminate or hold vacant these positions. Lastly, since the labor unions have done their own outreach, no other employees can request to be part of this program. Conclusion: Staff recommends that the City Council approve the Second Early Retirement Incentive Program. Steve Carmona SC:RH:sp Enclosures: 1) SEIU Local 721 Full-Time MOU Side Letter #7 2) CEA MOU Side Letter #9

cayala

Steve Carmona

ENCLOSURE 1

13a

ENCLOSURE 2

13b



Subject: FISCAL YEAR 2020-2021 FOURTH QUARTER TREASURER’S REPORT, JUNE 30, 2021

Recommendation:

1. Receive and file the Treasurer’s Report for the quarter ending June 30, 2021,which represents balances and activities for the fourth quarter (April throughJune) of the 2020-21 fiscal year.

Fiscal Impact:

There is no fiscal impact from this item. On a quarterly basis, Administrative Services Department staff allocates the appropriate interest incomes to the various funds. They show as revenues to the respective funds.

Discussion:

The Treasurer's Report (Enclosure 1) provides a synopsis of investment activity for the City of Pico Rivera’s (City) investment portfolio for the fiscal year (FY) 2020-21 fourth quarter ending June 30, 2021. The report provides information on assets, allocations, average maturities, yields and valuations for each of the three (3) portfolios. A discussion of market conditions is included to give additional perspective to these measurements.

As of June 30, 2021, the City's investment portfolios are in full compliance with the City's Investment Policy, California Government Code Section 53601, have sufficient cash flow from a combination of liquid and maturing securities, bank deposits and income to meet the City's expenditure requirements. The paragraphs below provide a summary of the investment results from the fourth quarter.

Total Pooled Cash and Investments during the quarter totaled $92,031,993. This total amount consisted of $7,472,853 in the City’s accounts with its banking partner Commercial Bank of California (CBC), $54,103,305 in the State Treasurer’s Local Agency Investment Fund (LAIF) and $26,773,103 managed by Chandler Asset Management (Chandler). The City also had $3,682,732 held by various Trustee Accounts, all related to the City’s bond issues (2001 Tax Allocation Bonds, etc.).

14

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 FISCAL YEAR 2020-2021 FOURTH QUARTER TREASURER’S REPORT, JUNE 30, 2021 Page 2 of 6 The total 2018 Certificates of Participation, Series A (COPS) managed by Wilmington Trust reflect an ending balance of $15,439,062. The Pico Rivera Innovative Municipal Energy (PRIME) accounts, an Enterprise Fund, reflect two (2) primary accounts. The first account, Insured Cash Sweep (ICS) account, receives and records investment income. The ICS account as of June 30, 2021 has an ending balance of $3,270,973. The second account, Public Fund account, receives Electronic Data Interchange (EDI) collection payments and executes vendor payments for the purchase of energy. The Public Fund account as of June 30, 2021 has an ending balance of $3,849,417. The ICS and Public Fund accounts are managed by River City Bank (RCB). Chandler Asset Management Managed Portfolio The City of Pico Rivera entered into a discretionary investment advisory agreement in December 2017 with Chandler Asset Management, an SEC-registered investment advisor, to manage a portion of the City's portfolio in a disciplined, active manner that complies with the City's investment policy and stated objectives of safety, liquidity and yield. After detailed consultation with Chandler's investment team, the City selected the Limited Maturity investment strategy, benchmarked against the Bank of America Merrill Lynch 1-3 Year US Treasury & Agency Index. The strategy invests in a well-diversified portfolio of high-quality fixed income securities. To maintain compliance with the City's investment policy, Chandler continues to invest in securities that reflect the guidelines set forth in the City's Investment Policy, most recently approved on June 22, 2021. To ensure the safety of the portfolio, investments that hold the highest credit quality are selected. The Chandler Managed Portfolio is comprised primarily of Treasury Securities and Federal Government sponsored entity debt, otherwise known as federal agency securities. Federal agency securities continue to be regarded as among the safest securities in the global market. Two of the government sponsored agencies, Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac), remain under conservatorship and carry an implicit guarantee by the Federal Government. In addition, both are carefully monitored by the City’s investment manager and Treasurer to ensure the continued safety of the City’s funds. The Portfolio Holding Report (Table 1) reflects the types of security holdings in the City’s investment fund. The portfolio June 30, 2021 market value represents a total of $26,773,103, a slightly increase of $15,035 from the March 31, 2021 market value of $26,758,068. At the period ending June 30, 2021, the portfolio held a diverse portfolio by holding nine (9) different security types. The largest security holding consist of Treasury Securities of $9,164,062. These Treasury Securities are one of the highest-quality debt instruments. The Portfolio Holdings Report also provides the portfolio’s Par values (nominal value of a bond); Book yield (Internal Rate of Return); Book value (value of a security); Market YTM (long-term bond yield); Market value (amount security can be sold on a given market);

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 FISCAL YEAR 2020-2021 FOURTH QUARTER TREASURER’S REPORT, JUNE 30, 2021 Page 3 of 6 accrued interest (interest earned); total portfolio (Market value + accrued interest); and finally Maturity Duration (bond sensitivity of price that may change in interest rates during duration). Table 1 - Portfolio Holding Report

The Investments by Type (Chart 1) reflects the makeup of the portfolio holdings by security type. The portfolio holds 34% in US Treasuries (government treasury bonds, notes, and bills), 27% of total investments in federal agency securities, 22% in medium-term corporate notes, 7% in asset-backed securities, which are collateralized by a pool of assets, and the remainder in money market funds.

Chart 1 - Investments by Type

The Investment Rating chart (Chart 2) illustrates the portfolios investment grade of holdings. This rating provides the City assurance of risk associated with quality of the holdings investment grade. As is demonstrated, in the chart below, 91.6% of the total portfolio consists of investments rated “A” or higher as of June 30, 2021, compared to 91.2% as of March 31, 2021.

Asset Backed Securities$1,822,666

7%

Agency Securities7,127,397

27%

Commercial Medium Term

Notes1,598,293

6%Commercial Paper

1,024,133 4%

Corporate Notes, 5,143,761 , 22%

Money Market59,576

0%

Negotiable CD300,238

1%

Supranational532,977

2%

US Treasury9,164,062

34%

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 FISCAL YEAR 2020-2021 FOURTH QUARTER TREASURER’S REPORT, JUNE 30, 2021 Page 4 of 6

Chart 2 - Investment Ratings

The City’s portfolio remains highly rated, liquid and stable despite the economic uncertainties. The market continued to experience volatility during the quarter as expectations of economic growth accelerated as the US economy continued to recover. The recovery has been fueled by robust fiscal spending, accommodative monetary policy, and a swift vaccine rollout. During the quarter, the yield curve flattened as rates on the short end of the curve remained anchored but longer term rates declined slightly. The Federal Reserve kept their accommodative monetary policy unchanged and reinforced their intent to remain highly accommodative in the near term. Local Agency Investment Funds (LAIF) To manage liquidity, the Pico Rivera Pooled Investment Portfolio is invested in LAIF. The LAIF March 31, 2021 market value represents a total of $37,676,932 and the June 30, 2021 market value of $54,103,305. The increase of $16.43 million in balance from last quarter was related to transfers of $14.39 million back to LAIF in May and June. The City received $7,386,228 in American Rescue Plan Act (ARPA) funds in the operating account in June, and transferred some monies from its operating account to LAIF for better returns. The LAIF Quarterly Performance ending June 30, 2021 notes an Apportionment Rate at .33% and a quarterly yield of .30%. The City participates in the State of California LAIF portfolio program. The program consists of local agencies participating in a large portfolio to invest using the State Treasurer's Office for investments at no additional cost to the taxpayer. The Local Investment Advisory Board (LIAB) provides oversight for LAIF.

AAA9.6%

AA66.7%

A15.3%

<A0.0% NR

8.4%

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 FISCAL YEAR 2020-2021 FOURTH QUARTER TREASURER’S REPORT, JUNE 30, 2021 Page 5 of 6 LAIF administrative costs are minimal and assessed quarterly. The Government Code states administrative costs are not to exceed 5% of the quarterly earnings of the fund. The characteristics of the LAIF portfolio reflect minimal credit risk with safety in investing of high quality securities. LAIF funds are protected by statute and are not borrowable. As Graph 1 below demonstrates, the Chandler Asset Management Performance (CAMP) portfolio has outperformed the LAIF portfolio over the last three (3) years.

Graph 1 – LAIF and CAMP from January 2018 through June 2021

The comparison of LAIF to the CAMP is the difference in investment security types; whereas LAIF takes on a more conservative approach per Investment Policy, LAIF and CAMP follow similar investment guidelines for safety, liquidity and return.

Staff has continuously monitored the City’s investment portfolio and performance on an ongoing basis and as is evident by Graph 1 above, the ongoing decline in LAIF investment returns diminishes the City’s opportunity to maximize investment income. The CAMP has outperformed the return experienced from our LAIF portfolio, and could continue if the LAIF portfolio experiences further declines in yields. As staff has demonstrated above, the CAMP is managed within the guidelines of the City’s investment policy with more favorable returns than LAIF.

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 FISCAL YEAR 2020-2021 FOURTH QUARTER TREASURER’S REPORT, JUNE 30, 2021 Page 6 of 6

Conclusion:

All investments are maintained in accordance with California Government Code Section 53601 and the City’s investment policy approved by the City Council on June 22, 2021. The City Treasurer (Director of Administrative Services) certifies that the funds are invested to provide sufficient cash flow for a period of six (6) months.

Steve Carmona

SC:AG:JG:ep

Enclosure: 1) Treasurer’s Report for Fourth Quarter Ending June 30, 2021

cayala

Steve Carmona

CITY OF PICO RIVERATREASURER'S REPORT4RD QTR MAR 2021 - JUN 2021

TYPE OF INVESTMENT Interest Rate Issuer Reporting Date Investment Income Ending Balance Source of Market Valuation

Local Agency Investment Fund (LAIF) 0.33 LAIF 6/30/2021 35,583.39 54,103,305.35 LAIF StatementsDemand Deposits 0.05 CBC 6/30/2021 64.62 7,472,852.80 CBC StatementsChandler Investments* 0.08 Chandler Investments 6/30/2021 83,286.00 26,773,102.64 Chandler Portfolio Summary

TOTAL CASH & INVESTMENTS: Exclude Water Fund 550 TOTAL CASH & INVESTMENTS: 118,934.01$ $ 88,349,260.79

Revenue Bonds, 1999 Bond Fund Water Authority 122073-001 US Bank 6/30/2021 - 89.01 US Bank/RECON StatementsRevenue Bonds, 1999 Bond Fund Water Authority 122073-002 US Bank 6/30/2021 2.87 95,058.32 US Bank/RECON StatementsRevenue Bonds, 1999 Bond Fund Water Authority 122073-003 US Bank 6/30/2021 9.90 177,500.04 US Bank/RECON StatementsRevenue Bonds, 1999 Water Rate Stabilization 122073-011 US Bank 6/30/2021 9.08 600,000.00 US Bank/RECON StatementsRevenue Bonds, 2001 Water Rate Stabilization 126839-011 US Bank 6/30/2021 9.08 600,000.00 US Bank/RECON StatementsRevenue Bonds, 2001 Authority Reserve Fund 126839-001 US Bank 6/30/2021 704,200.00 106,856.50 US Bank/RECON StatementsRevenue Bonds, 2001 Authority Reserve Fund 126839-004 US Bank 6/30/2021 32.16 2,094,986.98 US Bank/RECON StatementsAuthority Bond Interest, 2001 Water Authority Series A 126839-002 US Bank 6/30/2021 9.20 8,239.31 US Bank/RECON Statements2001 Tax Allocation REF Bonds Agency Special Fund 126839-005 US Bank 6/30/2021 - 1.63 US Bank/RECON StatementsTOTAL FISCAL AGENT (TRUSTEE) INVESTMENTS TOTAL (TRUSTEE) INVESTMENTS 704,272.29$ $ 3,682,731.79

TOTAL CASH & TRUSTEE INVESTMENTS: 823,206.30$ $ 92,031,992.58

Dividends Ending Balance 2018 COPS 130877 Wilmington Trust 6/30/2021 1,231.16 15,439,061.68 Wilmington Trust Statement

TOTAL 2018 COPS: 1,231.16$ $ 15,439,061.68

ENTERPRISE FUNDS Interest earned Ending Balance River City Bank (PRIME) RIVER CITY BANK INSURED CASH SWEEP (ICS) Account 6/30/2021 2,187.90 3,270,973.17 River City BankRiver City Bank (PRIME) RIVER CITY BANK Operating Account 6/30/2021 - 3,849,417.02 River City Bank

TOTAL River City Bank: 2,187.90$ 7,120,390.19$

Angelina GarciaDirector of Administrative Services & City Treasurer, City of Pico Rivera

* Total-Rate-Return (TRR) 3 month: TRR measuring performance, actual rate of return of an investment or a pool of investments over a given evaluation period. TRR includes interest, capital gains, dividends and distributions realized over a given period of time.

I certify that this investment portfolio is in conformity with the Investment Policy of the City of Pico Rivera. The investment Program provides sufficient liquidity to meet a minimum of the next six month's estimated expenditures.

Enclosure 1

14a

A Regular Meeting of the Water Authority was held in the Council Chamber, Pico Rivera City Hall, 6615 Passons Boulevard, Pico Rivera, California.

Meeting was jointly held with the City Council, Successor Agency and Water Authority. Items appear as listed on the combined agenda for the meeting of July 13, 2021.

Authority President Elias called the meeting to order at 6:00 p.m.

PRESENT: Camacho, Lara, Lutz, Sanchez, Elias ABSENT: None

PUBLIC COMMENTS: None

PUBLIC HEARING: None

CONSENT CALENDAR:

Water Authority:

10. Minutes:• Approved Water Authority regular meeting of June 22, 2021

11. Approve a Resolution and Amendment No. 1 to the 2001 Tax Allocation BondIndenture. (700)

This item was pulled from the Consent Calendar for further clarification and discussion.

Motion by Commissioner Camacho, seconded by Commissioner Lutz to approve Consent Calendar Item No. 10. Motion carries by the following roll call vote:

AYES: Camacho, Lara, Lutz, Sanchez, Elias NOES: None

CONSENT CALENDAR ITEMS PULLED FOR FURTHER DISCUSSION:

Water Authority:

11. Approve a Resolution and Amendment No. 1 to the 2001 Tax Allocation BondIndenture. (700)

In conjunction with Item No. 9, Nick Yager from Stradling Yocca Carlson & Rauth suggested approving this item with an amendment to remove the underwriter titles from the resolution and the Bond Purchase Agreement.

Tuesday, July 13, 2021

15

7-13-21 Water Minutes Page 2 of 2 Motion by Commissioner Lara, seconded by Commissioner Camacho to amend Resolution No. 21-32 of the Board of the Pico Rivera Water Authority consenting to the execution and delivery of an amendment to the indenture of trust relating to the Pico Rivera Redevelopment Agency Redevelopment Project No. 1 2001 Tax Allocation Refunding Bonds; and the redemption of the 2001 Tax Allocation Refunding Bonds, directing the use of the redemption price of the 2001 Tax Allocation Refunding Bonds to redeem the Water Authority’s 2001 Water Revenue Bonds, and authorizing certain other actions in connection therewith and removing the underwriter(s) names from the Bond Purchase Agreement. Motion carries by the following roll call vote:

Resolution No. 21-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, APPROVING A RESOLUTION AMENDING THE BUDGET TO THE FISCAL YEAR 2021-22 ANNUAL ACTION PLAN TO INCORPORATE ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING

AYES: Camacho, Lara, Lutz, Sanchez, Elias NOES: None REGULAR AGENDA: None ADJOURNMENT: President Elias adjourned the Water Authority meeting at 9:38 p.m. There being no objection it was so ordered. AYES: Camacho, Lara, Lutz, Sanchez, Elias ABSENT: None

________________________________ Raul Elias, President

ATTEST: ________________________________ Anna M. Jerome, Authority Secretary I hereby certify that the foregoing is a true and correct report of the proceedings of the Water Authority regular meeting dated July 13, 2021 and approved by the Water Authority on August 10, 2021. _______________________________ Anna M. Jerome, Authority Secretary

To: President and Commissioners

From: Executive Director


Subject: PFAS TREATMENT SYSTEM PROJECT (CIP NO. 50042) –AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENTS FOR PFAS PRE-FILTERS

Recommendation:

1. Approve Amendment No. 2 to the Professional Services Agreement No. 21-51 withAqueous Vets to provide pre-filters and associated services for the PFASTreatment System Project, CIP 50042, for an added not-to-exceed amount of$28,003.50, and authorize the Executive Director to execute the agreement in aform approved by the General Counsel.

Fiscal Impact:

The fiscal year (FY) 2021-22 adopted budget includes $28,003.50 in Water Authority (Fund 550) under CIP No. 50042, Account No. 550.70.7340.54500.50042. No additional funding is required.

Background:

On May 23, 2019, the Pico Rivera Water Authority (PRWA) was required to monitor perfluorooctanioic acid (PFOA) and perfluorooctaniesulfonic acid (PFOS), two (2) compounds within the PFAS family of chemicals, by the State Water Resources Control Board (SWRCB) and the Department of Drinking Water (DDW). The results showed that the levels for PFOS and PFOA had exceeded the notification levels set for PFOS at 13 parts per trillion (ppt) and PFOA at 14 ppt. On August 27, 2019, PRWA Commissioners were notified of California Health and Safety Code Section 116455 regarding the exceedance of the notification level (NL) for PFOS/PFOA and the detection levels in the groundwater supply. PRWA has continued to comply with SWRCB and DDW regulations including consumer notification of water quality in the Annual Consumer Confidence Report (CCR) and the required monitoring of each well.

In February 2020, DDW established a new NL of 5.1 ppt and 6.5 ppt for PFOA and PFOS, respectively. It has also established new Response Level (RL) of 10 ppt and 40 ppt for PFOA and PFOS, respectively as well as providing a tentative schedule to regulate PFOA and PFOS by establishing a maximum contaminate level (MCL’s) by winter of 2023. DDW has also started the process of reviewing other PFAS compounds in addition to PFOA

16

WATER AUTHORITY AGENDA REPORT – MEETING OF AUGUST 10, 2021 PFAS TREATMENT SYSTEM PROJECT (CIP NO. 50042) – AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENTS FOR PFAS PRE-FILTERS Page 2 of 3 and PFOS for possible regulations, but a schedule for establishing NL, RL, or MCL’s has not yet been identified for said compounds. On May 5, 2020, the SWRCB issued a General Order to monitor PRWA wells beginning in the third quarter of 2020. The SWRCB recommends the removal of wells from service, if the well exceeds the new NL of 5.1 ppt and 6.5 ppt for PFOA and PFOS, respectively. Additionally, the PRWA may be required to remove a well from service if the RL is 10 ppt and 40 ppt for PFOA and PFOS, respectively. Discussion: The 2020 Water Master Plan identified water quality as the highest priority and noted that PFAS treatment is necessary for all eight (8) active wells currently producing the water supply. The project consists of providing PFAS treatment systems to be constructed at PRWA Plant Nos. 1, 2, 3 and at Water Well No. 5. Aqueous Vets Professional Services Agreement On March 26, 2021, PRWA Commissioners authorized the pre-purchase of PFAS equipment vessel systems ahead of construction due to the current market’s extensive lead time for their production and delivery. A Professional Services Agreement No. 21-51 to Aqueous Vets was executed for the purchase of 10 systems and to provide installation and maintenance services for a price not-to-exceed $3,513,178.73. On June 8, 2021, PRWA Commissioners authorized the pre-purchase of PFAS pre-filter housing bracing and associated materials due to the current market’s extensive lead time for their production and delivery. Amendment No. 1 to the Professional Services Agreement No. 21-51 with Aqueous Vets was executed for a price not-to-exceed $559,962.48. Amendment No. 2 to Aqueous Vets’ Professional Services Agreement No. 21-51 in the amount of $28,003.50 is needed for the pre-purchase of PFAS pre-filter housing, filter cartridges, filter supports, bracing and associated design services. Pre-purchase of this equipment ahead of construction is critical due to the current market’s extensive lead time for their production and delivery. Exhibit A for Amendment No. 1 on Aqueous Vets proposal dated May 25, 2021 requires that, due to industry volatility for carbon and stainless-steel materials, the pricing offered in the quotation be subject to review at the time of material order placement. This means material pricing is subject to adjustment based upon increases or decreases occurring between the date of quotation and the time when the material is released for fulfillment. According to Aqueous Vets’ source, Steel BenchMarker Index, and as independently verified by City staff, steel plate cost increases of 14.4% occurred from the date Amendment No. 1 was executed and the date the purchase order was issued to the

WATER AUTHORITY AGENDA REPORT – MEETING OF AUGUST 10, 2021 PFAS TREATMENT SYSTEM PROJECT (CIP NO. 50042) – AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENTS FOR PFAS PRE-FILTERS Page 3 of 3 contractor. However, Staff was able to negotiate with the contractor for an increase of 5.3% as the total amount for Amendment No. 2. Conclusion: Staff recommends amending Professional Services Agreement No. 21-51 in accordance with Aqueous Vets’ agreed condition to pay for increases in market steel prices related to the purchase of three (3) cartridge filter skids for Plants 1, 2 and 3, and one (1) cartridge filter unit for Well No. 5. Amendment No. 2 will be issued for an added not-to-exceed amount of $28,003.50. Steve Carmona SC:MH:LO:GE:AR:lg Enclosures: 1) Amendment No. 2 (Aqueous Vets)

2) Estimated Project Cost and Budget

cayala

Steve Carmona

ENCLOSURE 1

AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT NO. 21-51

BETWEEN THE PICO RIVERA WATER AUTHORITY AND AQUEOUS VETS

THIS AMENDMENT NO. 2 TO AGREEMENT NO. 21-51 FOR PROFESSIONAL SERVICES WITH AQUEOUS VETS (“Amendment No. 2"), effective as of the date specified in paragraph 7 hereof, is made and entered into by and between the PICO RIVERA WATER AUTHORITY (“PRWA”), and AQUEOUS VETS, (“CONSULTANT”). CITY and CONSULTANT are sometimes hereinafter individually referred to as “PARTY” and collectively referred to as “PARTIES.”

RECITALS

A. CITY and CONSULTANT have previously executed that certain ProfessionalServices Agreement, Agreement No. 21-51; and that certain Amendment No. 1 tothe Professional Services Agreement, Agreement No. 21-51 (“Agreement”) relatingto the fabrication, installation and maintenance services of dual media pressurevessel systems for a PFAS Treatment System in the City of Pico Rivera.

B. The PARTIES desire to amend said Agreement as set forth herein, pursuant toSections 5 of the Agreement for the purpose of acquiring additional equipmentnecessary for the installation of the vessel systems.


1. RECITALS

The above recitals are true and correct and are hereby incorporated as part ofAmendment No. 2.

2. SECTION 5. CONSULTANT’S SERVICES

Section 5.1. Consultant’s Services is hereby amended in its entirety to read asfollows:

5.1 Consultant shall perform the services identified in the Scope of Services.PRWA shall have the right to request, in writing, changes in the Scope of Services.Any such changes mutually agreed upon by the Parties, and any correspondingincrease or decrease in compensation, shall be incorporated by written amendmentto this Agreement. In no event shall the total compensation and costs payable toConsultant under this Agreement exceed the sum of Four Million One Hundred OneThousand One Hundred Forty-Four Dollars and Seventy Four Cents($4,101,144.74) unless specifically approved in advance, in writing, by PRWA.

16a

Amendment No. 2 to Professional Services Agreement No. 21-51 AQUEOUS VETS Page 2 of 4

3. MODIFICATION TO THE SCOPE OF SERVICES

The Scope of Services to be performed by CONTRACTOR, as set forth in Exhibit A of the Agreement shall be supplemented by Change Order No. 2 included herein and incorporated by reference as Exhibit A-2 to this Amendment No. 2.


The compensation to be paid by CITY to CONTRACTOR for the modified work shall be in accordance with Exhibit A-2 to this Amendment No. 2.


Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement between the CITY and CONSULTANT shall remain in full force and effect. In the event of any conflict or inconsistency between the terms of this Amendment No. 2 and the Agreement, the terms of this Amendment No. 2 shall control to the extent of such conflict.

6. COUNTERPARTS

This Amendment No. 2 may be executed in counterparts all of which shall constitute but one (1) original, and the same Agreement.

7. EFFECTIVE DATE.

Unless otherwise specified herein, this Amendment No. 2 shall become effective as of the date set forth below on which the last of the parties, whether CITY or CONSULTANT, executes this Amendment No. 2.

[End of Amendment No. 2. Signatures to follow.]


IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed and attested by their respective officers hereunto duly authorized. “CITY” “CONSULTANT” CITY OF PICO RIVERA AQUEOUS VETS ______________________________ _________________________________ Steve Carmona, Executive Director Robert Craw, President & CEO Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM ___________________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney


EXHIBIT A-2 CHANGE ORDER No. 2

July 8, 2021 Prepared For:

PFAS Treatment System - Dual Media VesselsProject Location:

P21-0005 Prepared By:

No. Qty Unit Price Total Price

1 3 $7,900 $23,700

2 1 $1,700 $1,700

$2,603.50

$28,003.50

•

•

•

•••

••••

••••••••

2) 30% on receipt of approved submittals.

3) 25% on receipt of materials at AV shop.

4) 25% on delivery of equipment.

PAYMENT TERMS: Schedule of payment, based on total contract value, will be as follows, Net 30 days.

1) 20% on contract execution.

Any other items not specifically identified by Aqueous Vets.

PROFESSIONAL and COMMERCIAL TERMS

VALIDITY: Pricing is valid for 10 days from the date of this Proposal.

Final tie-ins at termination of AV’s scope.

Water source at 60 psi to fill media trailer prior to slurry loading.

Hydrostatic and disinfection testing of provided system.

Start-up services and any required acceptance tests.

Anchor bolts.

Any anchor bolt templates.

All building and regulatory permits.

Site design and related plans for construction.

Pad suitable for selected systems (level and flat).

Crane and operator. An 80-100 ton crane will be required. Final crane requirement will be determined based on crane

proximity to concrete pad.

Anchoring and grouting of systems and pipe stands.

SCOPE BY OTHERS

Prefiltration equipment for Well 5 includes one (1) filter housing with filter elements. Well 5 will need to be shutdown for

cartridge filter change out. The housing includes reading gauge and vent and drain valves. Note these have a lead time of up

to 14 weeks from receipt of approved submittals plus transit time.

Only the equipment and first set of cartridge filters is included in the prefiltration equipment price as described above.

Equipment will be shipped directly to the site for installation by the Contractor.

All wetted parts of filters housings are constructed from 316 SS, are rated to 150 PSI, and are ASME code stamped.

Filter housings and cartridge filter elements quoted are NSF-61 certified.

Filter housings/skids and associated components are exempt from AIS requirements.

Prefiltration Equipment Notes:

Prefiltration equipment for Plants 1-3 includes a pre-fabricated skid with two (2) filter housings with filter elements, each

housing with the capacity for 4,500 gpm flows so they can either be run in parallel or as duty-standby. Each skid includes

reading gauges, vent and drain valves, and (4) 16" 150# NSF-61 rated butterfly valves. Note these have a lead time of up to 14

weeks from receipt of approved submittals plus transit time.

Estimated Sales Tax @ 10.25%

Total Price

Pre-filtration Equipment - Change Order for Material Increases

Description

Cartridge Filter Skid for Plants 1, 2, 3 - 4,500 gpm - S6UFHDV36-38-60-16F-V2-

150-SKID - Cost Adder for Material Price Increases

Cartridge Filter Unit for Well 5 - 1,500 gpm - S6UFH22-07-60-10F-150 - Cost

Adder for Material Price Increases

AV Proposal No.: Rachel Maupin

MATERIALS MEET AIS REQUIREMENTS

Task No. 2 – Scope of Work – Change Order No. 2

Date Prepared: Pico Rivera Water Authority

Project Name: Pico Rivera, CA

gedwards

Text Box

Exhibit A-2

Task No. 2 – Scope of Work – Change Order No. 2

288 Jasmine Way, Danville, CA, 94506

Tel: (925) 331-0573 Fax: (925) 886-4352 E-mail: [email protected] Web: www.aqueousvets.com

DUE TO INDUSTRY VOLATILITY FOR CARBON AND STAINLESS-STEEL MATERIALS, THE PRICING OFFERED IN THIS QUOTATION IS SUBJECT TO REVIEW AT THE TIME OF ORDER

PLACEMENT. MATERIAL PRICING WILL BE SUBJECT TO ADJUSTMENT BASED UPON INCREASES OCCURRING BETWEEN THE DATE OF QUOTATION AND TIME MATERIAL IS RELEASED

FOR PURCHASE. WE REGRET THE NECESSITY OF THIS ACTION AND WILL DISCONTINUE THIS PRACTICE AS SOON AS MARKET CONDITIONS PERMIT.

This Proposal is subject to the Terms and Conditions at http://aqueousvets.com/mfg-terms-conditions.html , which form an integral part of

this Proposal. Such Terms and Conditions will govern any transaction resulting from this Proposal. Any contract resulting from this

Proposal is made subject to prior acceptance by Aqueous Vets. All orders are subject to prior credit approval.

Buyer's Signature indicates acceptance of this Proposal and Seller's Terms and Conditions referred to above.

Thank you for your business!

SHIPPING TERMS: FOB shipping point, with full freight allowed to jobsite.

TAXES & FEES: The purchase price does not include any sales or similar taxes unless otherwise noted. Aqueous Vets shall not be

responsible for any additional fees, tariffs, duties, or increased enacted by governmental agencies.

Signature Print Name Date

1

Rachel Maupin

From: Mohomed Sahiran <[email protected]>Sent: Thursday, July 8, 2021 9:48 AMTo: [email protected]; Rachel MaupinCc: Purchasing; Renee LoveSubject: RE: Purchase Order 21-0536 from AQUEOUS VETS Pico RiveraAttachments: RF-210416-07 Quote Updated.pdf; RF-210416-08 Quote Updated.pdf

Importance: High

Thank you for this PO! The prices that are referenced on this PO are no longer valid. Since this was quoted and now; the material pricing had increased significantly. Please see attached for the updated quotes. Please revise this PO accordingly. FYI: Fil‐Trek is now NSF/ANSI 61 certified for cartridge housings, bag housings and strainers Thank you,

Mohomed Sahiran Design Engineer & Sales/Fil‐Trek Corporation p: (519)623‐7448 ext. 126 f: (519)623‐8807 w: www.fil‐trek.com e: mohomed@fil‐trek.com

.

FIL‐TREK DISCLAIMER: This e‐mail, including any attachments, is intended solely for the person or entity to which it is addressed and may contain confidential, proprietary and/or non‐public material. Any review, re‐transmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than an intended recipient is prohibited. If you have received this communication in error, please notify us by responding to this email or telephone and immediately and permanently delete all copies of this message and any attachments from your system(s). From: AQUEOUS VETS <[email protected]> Sent: July 8, 2021 12:05 PM To: Armash Arafath Sahiran <armash@fil‐trek.com> Cc: [email protected]; [email protected] Subject: Purchase Order 21‐0536 from AQUEOUS VETS Pico Rivera Dear Armash Arafath Sahiran, Please find our purchase order attached to this email. PLEASE PROVIDE ORDER CONFIRMATION WITH CURRENT LEAD TIMES.

RachelMaupin

Highlight

RachelMaupin

Highlight

2

Please include the project name and PO number on all shipping documents, and send all order and shipping confirmations to: [email protected]

Please remit all invoices to: [email protected]

Thank you, Renee Love [email protected]

------------------------ Purchase Order Summary -------------------------- Purchase Order # : 21-0536 Purchase Order Date: 07/07/2021

The complete version has been provided as an attachment to this email. ---------------------------------------------------------------------

Price History

Tables and Charts

USA China

Western Europe World Export

Hot-rolled Band

Cold-rolled Coil

Standard Plate

Rebar

Steel Scrap

Register at: www.steelbenchmarker.com

2

Divergent Paths: EU, USA Prices Soar – World Export, China Falter

Western Europe and USA up 2.3% and 2.2%; World Export and China down 4.2% and 5.0%.

SteelBenchmarkerTM Report #365

ENGLEWOOD CLIFFS, NJ – The bi-monthly SteelBenchmarker

TM United States HRB price for June 30th was up at $1,864 for the twenty-first consecutive time. The Western European HRB price was up (on a Euro basis, it was up €46) at $1,420 for the seventh consecutive time. The World Export HRB price was down at $1,045 per tonne for second time. The Chinese HRB price was down at $701 per tonne for the third time. In its three hundred sixty-fifth report, the SteelBenchmarker

TM released 10 steel products and 3 USA scrap prices. Of these, here are four benchmark prices for hot-rolled band June 30, 2021: USA – $1,864 per metric tonne ($1,691 per net ton), FOB the mill – up $40 from $1,824 ($1,655 nt) two weeks ago, up $1,452 from the recent low of $412 ($374 nt) on Dec. 14, 2015 and up $1,435 from the low of $429 per tonne ($390 nt) on May 25, 2009. It is up $858 per tonne from the recent high of $1,006 ($912 nt) on Jul. 11, 2018 and up $661 (54.9%) from the record peak of $1,203 per tonne ($1,091 nt) on July 28, 2008. China – $701 per metric tonne, ex-works – down $37 from $738 two weeks ago, up $470 per tonne from the recent low of $231 on Dec. 14, 2015 and up $294 per tonne from the low of $407 per tonne on Oct. 12, 2009. It is up $64 per tonne from the recent high of $637 on Aug. 22, 2011 and down $32 (4.4%) from the record peak of $733 per tonne on July 14, 2008. Western Europe - $1,420 (€1,191) per metric tonne, ex-works – up $32 (up €46) from $1,388 (€1,145) two weeks ago, up $1,074 (up €866) from the recent low of $346 (€325) on Nov. 23, 2015 and up $849 (up €810) from the low of $571 (€381) per tonne on Nov. 23, 2009. It is up $568 (€586) per tonne from the recent high of $852 (€605) on Mar. 28, 2011 and down $213 (17.9%) (€435) (57.5%) from the record peak of $1,204 (€756) per tonne on July 14, 2008. World Export Price – $1,045 per metric tonne, FOB the port of export – down $46 from $1,091 compared to two weeks ago, up $773 per tonne from the recent low of $272 on Feb. 8, 2016 and up $549 from the low of $496 per tonne on Nov. 9, 2009. It is up $272 per tonne from the recent high of $773 on Feb 14, 2011 and down $68 (6.1%) from the record peak of $1,113 per tonne on July 28, 2008.

3

STEELBENCHMARKER PRICES

June 28, 2021 dollars per metric tonne

(net ton) [gross ton] {Euros}

Region: USA, East of the Mississippi Hot-rolled band: 1,864 (1,691) Cold-rolled coil: 2,057 (1,866) Standard plate: 1,633 (1,481) #1 Heavy melting scrap: 453 [460] Shredded scrap*: 494 [502] #1 Busheling scrap: 637 [647] Region: Mainland China*** Hot-rolled band: 701 Cold-rolled coil: 811 Rebar: 636 Standard plate: 701 Region: Western Europe Hot-rolled band: 1,420 {1,191e} Region: World Export Market Hot-rolled band: 1,045

NOTES: Released June 30, 2021 at 9:00 a.m. to Price Assessment Providers. The first price release was for April 10, 2006.

If a product is not listed or a price is not indicated, fewer than ten (10) price inputs were received at this time. ** Development stage -- fewer than 20 assessment providers. Prices are: USA -- FOB mill; Western Europe and China -- Ex-works; and World Export Market -- FOB port of export. For USA steel scrap -- delivered to the steel plant. * For shredded scrap the region is “for all but the West Coast” (CA, OR & WA). *** SteelHome’s non-steelbenchmarker derived average price for each product is the determinant of the Chinese ex-works benchmark price. It is published for comparative purposes.

For product specifications go to www.steelbenchmarker.com/specifications.

9

FOB mill* FOB mill*

Dollars per Net Ton Dollars per Metric Tonne

---------HRB-------- ---------CRC--------- ---------Plate--------- --------Rebar---------

　Dlr 　Pct 　Dlr 　Pct 　Dlr 　Pct 　Dlr 　Pct

Price Chng Chng Price Chng Chng Price Chng Chng Price Chng Chng

10-Feb-20 590 -8 -1.4% 777 9 1.2% 708 -7 -1.0% na - -24-Feb-20 576 -14 -2.3% 758 -18 -2.3% 685 -23 -3.2% na - -

09-Mar-20 591 15 2.5% 767 9 1.2% 679 -5 -0.8% na - -23-Mar-20 563 -27 -4.6% 770 3 0.4% 688 8 1.2% na - -

13-Apr-20 523 -40 -7.1% 679 -91 -11.8% 629 -59 -8.6% na - -27-Apr-20 493 -31 -5.9% 650 -29 -4.3% 637 8 1.3% 598 -108 -18%

11-May-20 501 8 1.7% 694 44 6.7% 562 -74 -11.7% na - -25-May-20 502 1 0.2% 676 -18 -2.6% 548 -15 -2.6% na - -

08-Jun-20 510 8 1.6% 683 7 1.1% 548 0 0.0% na - -22-Jun-20 519 9 1.8% 689 5 0.8% 601 53 9.6% na - -

13-Jul-20 504 -15 -2.8% 687 -2 -0.3% 633 33 5.4% na - -27-Jul-20 481 -24 -4.7% 644 -43 -6.2% 603 -30 -4.7% na - -

10-Aug-20 476 -5 -0.9% 650 5 0.8% 589 -15 -2.4% na - -24-Aug-20 488 12 2.5% 658 8 1.3% 588 -1 -0.2% na - -

14-Sep-20 540 52 10.6% 733 75 11.4% 594 6 1.1% na - -28-Sep-20 564 24 4.5% 767 34 4.6% 612 18 3.1% na - -12-Oct-20 616 52 9.2% 779 13 1.7% 622 10 1.6% na - -26-Oct-20 660 44 7.1% 826 47 6.1% 647 24 3.9% na - -09-Nov-20 686 26 4.0% 855 28 3.4% 660 13 2.0% na - -23-Nov-20 716 30 4.4% 883 28 3.3% 701 42 6.3% na - -14-Dec-20 859 143 20.0% 984 102 11.5% 787 86 12.3% na - -28-Dec-20 951 92 10.7% 999 15 1.5% 840 53 6.7% na - -11-Jan-21 995 44 4.7% 1061 62 6.2% 980 140 16.6% na - -25-Jan-21 1037 42 4.2% 1222 161 15.2% 967 -13 -1.3% na - -08-Feb-21 1115 78 7.5% 1270 48 3.9% 1018 51 5.3% na - -22-Feb-21 1191 76 6.8% 1328 58 4.6% 1071 54 5.3% na - -08-Mar-21 1223 32 2.7% 1383 55 4.2% 1089 17 1.6% na - -22-Mar-21 1285 63 5.1% 1473 90 6.5% 1132 44 4.0% na - -12-Apr-21 1320 34 2.7% 1527 54 3.6% 1138 5 0.5% na - -26-Apr-21 1383 63 4.7% 1471 -55 -3.6% 1202 64 5.7% na - -10-May-21 1476 93 6.8% 1632 161 10.9% 1209 7 0.6% na - -24-May-21 1524 48 3.3% 1715 83 5.1% 1289 80 6.6% na - -

14-Jun-21 1655 131 8.6% 1827 112 6.6% 1356 67 5.2% na - -28-Jun-21 1691 36 2.2% 1866 39 2.1% 1481 125 9.2% na - -

Notes: * Ex-works (the same as FOB mill)

Prices released on Wednesdays following the 2nd and 4th Mondays of the month at 9:00 AM to PriceAssessment Providers. If a price is not indicated, fewer than ten (10) price inputs were received at that time.The first price release was for April 10, 2006 for data go to steelbenchmarker.com/files/history2.pdf.

For product specifications refer to last page, or go to steelbenchmarker.com/specifications.

USA

10

FOB mill*

Dollars per Metric Tonne

--------Rebar--------- ---------HRB-------- ---------CRC--------- ---------Plate--------- --------Rebar---------



10-Feb-20 650 -9 -1.4% 856 10 1.2% 780 -8 -1.0% na - -24-Feb-20 635 -15 -2.3% 836 -20 -2.3% 755 -25 -3.2% na - -

09-Mar-20 651 16 2.5% 846 10 1.2% 749 -6 -0.8% na - -23-Mar-20 621 -30 -4.6% 849 3 0.4% 758 9 1.2% na - -

13-Apr-20 577 -44 -7.1% 749 -100 -11.8% 693 -65 -8.6% na - -27-Apr-20 543 -34 -5.9% 717 -32 -4.3% 702 9 1.3% 659 -119 -18.0%

11-May-20 552 9 1.7% 765 48 6.7% 620 -82 -11.7% na - -25-May-20 553 1 0.2% 745 -20 -2.6% 604 -16 -2.6% na - -

08-Jun-20 562 9 1.6% 753 8 1.1% 604 0 0.0% na - -22-Jun-20 572 10 1.8% 759 6 0.8% 662 58 9.6% na - -

13-Jul-20 556 -16 -2.8% 757 -2 -0.3% 698 36 5.4% na - -27-Jul-20 530 -26 -4.7% 710 -47 -6.2% 665 -33 -4.7% na - -

10-Aug-20 525 -5 -0.9% 716 6 0.8% 649 -16 -2.4% na - -24-Aug-20 538 13 2.5% 725 9 1.3% 648 -1 -0.2% na - -

14-Sep-20 595 57 10.6% 808 83 11.4% 655 7 1.1% na - -28-Sep-20 622 27 4.5% 845 37 4.6% 675 20 3.1% na - -12-Oct-20 679 57 9.2% 859 14 1.7% 686 11 1.6% na - -26-Oct-20 727 48 7.1% 911 52 6.1% 713 27 3.9% na - -09-Nov-20 756 29 4.0% 942 31 3.4% 727 14 2.0% na - -23-Nov-20 789 33 4.4% 973 31 3.3% 773 46 6.3% na - -14-Dec-20 947 158 20.0% 1085 112 11.5% 868 95 12.3% na - -28-Dec-20 1048 101 10.7% 1101 16 1.5% 926 58 6.7% na - -11-Jan-21 1097 49 4.7% 1169 68 6.2% 1080 154 16.6% na - -25-Jan-21 1143 46 4.2% 1347 178 15.2% 1066 -14 -1.3% na - -08-Feb-21 1229 86 7.5% 1400 53 3.9% 1122 56 5.3% na - -22-Feb-21 1313 84 6.8% 1464 64 4.6% 1181 59 5.3% na - -08-Mar-21 1348 35 2.7% 1525 61 4.2% 1200 19 1.6% na - -22-Mar-21 1417 69 5.1% 1624 99 6.5% 1248 48 4.0% na - -12-Apr-21 1455 38 2.7% 1683 59 3.6% 1254 6 0.5% na - -26-Apr-21 1524 69 4.7% 1622 -61 -3.6% 1325 71 5.7% na - -10-May-21 1627 103 6.8% 1799 177 10.9% 1333 8 0.6% na - -24-May-21 1680 53 3.3% 1890 91 5.1% 1421 88 6.6% na - -

14-Jun-21 1824 144 8.6% 2014 124 6.6% 1495 74 5.2% na - -28-Jun-21 1864 40 2.2% 2057 43 2.1% 1633 138 9.2% na - -

Notes: * Ex-works (the same as FOB mill)



USA

11

--------Rebar--------- --------------------------------Steel Scrap**--------------------------------

#1 Heavy Melting Shredded Scrap #1 Busheling

　Dlr 　Pct 　Dlr 　Pct 　Dlr 　Pct

Price Chng Chng Price Chng Chng Price Chng Chng

10-Feb-20 243 -8 -3.2% 277 -10 -3.5% 286 -2 -0.7%24-Feb-20 244 1 0.4% 278 1 0.4% 290 4 1.4%

09-Mar-20 235 -9 -3.7% 272 -6 -2.2% 295 5 1.7%23-Mar-20 219 -16 -6.8% 241 -31 -11.4% 255 -40 -13.6%

13-Apr-20 193 -26 -11.9% 227 -14 -5.8% 265 10 3.9%27-Apr-20 210 17 8.8% 260 33 14.5% 300 35 13.2%11-May-20 218 8 3.8% 266 6 2.3% 309 9 3.0%25-May-20 225 7 3.2% 273 7 2.6% 320 11 3.6%08-Jun-20 218 -7 -3.1% 262 -11 -4.0% 316 -4 -1.3%22-Jun-20 214 -4 -1.8% 256 -6 -2.3% 321 5 1.6%13-Jul-20 208 -6 -2.8% 239 -17 -6.6% 281 -40 -12.5%27-Jul-20 212 4 1.9% 233 -6 -2.5% 282 1 0.4%

10-Aug-20 210 -2 -0.9% 240 7 3.0% 257 -25 -8.9%24-Aug-20 210 0 0.0% 243 3 1.3% 260 3 1.2%14-Sep-20 246 36 17.1% 282 39 16.0% 286 26 10.0%28-Sep-20 251 5 2.0% 284 2 0.7% 292 6 2.1%

12-Oct-20 247 -4 -1.6% 282 -2 -0.7% 288 -4 -1.4%26-Oct-20 255 8 3.2% 287 5 1.8% 300 12 4.2%

09-Nov-20 252 -3 -1.2% 284 -3 -1.0% 294 -6 -2.0%23-Nov-20 265 13 5.2% 295 11 3.9% 330 36 12.2%

14-Dec-20 332 67 25.3% 367 72 24.4% 378 48 14.5%28-Dec-20 387 55 16.6% 416 49 13.4% 452 74 19.6%

11-Jan-21 423 36 9.3% 465 49 11.8% 490 38 8.4%25-Jan-21 417 -6 -1.4% 459 -6 -1.3% 490 0 0.0%

08-Feb-21 365 -52 -12.5% 396 -63 -13.7% 477 -13 -2.7%22-Feb-21 392 27 7.4% 420 24 6.1% 523 46 9.6%08-Mar-21 400 8 2.0% 443 23 5.5% 541 18 3.4%22-Mar-21 410 10 2.5% 438 -5 -1.1% 576 35 6.5%12-Apr-21 422 12 2.9% 446 8 1.8% 552 -24 -4.2%26-Apr-21 411 -11 -2.6% 442 -4 -0.9% 585 33 6.0%10-May-21 417 6 1.5% 449 7 1.6% 558 -27 -4.6%24-May-21 420 3 0.7% 451 2 0.4% 588 30 5.4%14-Jun-21 466 46 11.0% 501 50 11.1% 630 42 7.1%28-Jun-21 460 -6 -1.3% 502 1 0.2% 647 17 2.7%

Notes: ** Steel scrap delivered to steel plant #1 heavy melting – demolition scrap that is at least ¼” thick. This grade does not include the heavy “p & s” (plate and structural ) category that includes the very thick scrap items. Shredded – largely old cars and some appliances – for all but the West Coast (CA, OR & WA). #1 busheling – new sheet steel scrap.

Prices released on Wednesdays following the 2nd and 4th Mondays of the month at 9:00 AM to PriceAssessment Providers. If a price is not indicated, fewer than ten (10) price inputs were received at that time.The first price release was for Feb.12, 2007 for data go to steelbenchmarker.com/files/history2.pdf.


Dollars per Gross Ton

USAdelivered to steel plant

12

Dollars per Metric Tonne Dollars per Metric Tonne

--------------------------------Steel Scrap**-------------------------------- ---------HRB-------- ---------CRC--------- ---------Plate--------- --------Rebar---------



10-Feb-20 445 -22 -4.7% 534 -11 -2.0% 454 -14 -3.0% 448 -12 -2.6%24-Feb-20 421 -24 -5.4% 516 -18 -3.4% 441 -13 -2.9% 430 -18 -4.0%

09-Mar-20 424 3 0.7% 516 0 0.0% 446 5 1.1% 427 -3 -0.7%23-Mar-20 416 -8 -1.9% 501 -15 -2.9% 438 -8 -1.8% 426 -1 -0.2%

13-Apr-20 403 -13 -3.1% 465 -36 -7.2% 437 -1 -0.2% 421 -5 -1.2%27-Apr-20 402 -1 -0.2% 456 -9 -1.9% 435 -2 -0.5% 418 -3 -0.7%

11-May-20 414 12 3.0% 465 9 2.0% 441 6 1.4% 426 8 1.9%25-May-20 427 13 3.1% 485 20 4.3% 448 7 1.6% 434 8 1.9%

08-Jun-20 440 13 3.0% 495 10 2.1% 455 7 1.6% 443 9 2.1%22-Jun-20 447 7 1.6% 502 7 1.4% 459 4 0.9% 439 -4 -0.9%

13-Jul-20 462 15 3.4% 521 19 3.8% 469 10 2.2% 445 6 1.4%27-Jul-20 469 7 1.5% 531 10 1.9% 473 4 0.9% 445 0 0.0%

10-Aug-20 480 11 2.3% 545 14 2.6% 482 9 1.9% 453 8 1.8%24-Aug-20 486 6 1.3% 562 17 3.1% 487 5 1.0% 454 1 0.2%14-Sep-20 488 2 0.4% 586 24 4.3% 494 7 1.4% 458 4 0.9%28-Sep-20 479 -9 -1.8% 583 -3 -0.5% 490 -4 -0.8% 451 -7 -1.5%12-Oct-20 486 7 1.5% 592 9 1.5% 494 4 0.8% 460 9 2.0%26-Oct-20 493 7 1.4% 605 13 2.2% 500 6 1.2% 469 9 2.0%09-Nov-20 503 10 2.0% 617 12 2.0% 504 4 0.8% 490 21 4.5%23-Nov-20 523 20 4.0% 647 30 4.9% 515 11 2.2% 522 32 6.5%14-Dec-20 578 55 10.5% 714 67 10.4% 551 36 7.0% 522 0 0.0%28-Dec-20 615 37 6.4% 783 69 9.7% 608 57 10.3% 558 36 6.9%11-Jan-21 605 -10 -1.6% 757 -26 -3.3% 599 -9 -1.5% 568 10 1.8%25-Jan-21 585 -20 -3.3% 724 -33 -4.4% 587 -12 -2.0% 555 -13 -2.3%08-Feb-21 584 -1 -0.2% 722 -2 -0.3% 588 1 0.2% 557 2 0.4%22-Feb-21 614 30 5.1% 739 17 2.4% 614 26 4.4% 587 30 5.4%08-Mar-21 634 20 3.3% 753 14 1.9% 639 25 4.1% 603 16 2.7%22-Mar-21 658 24 3.8% 753 0 0.0% 657 18 2.8% 608 5 0.8%

12-Apr-21 721 63 9.6% 787 34 4.5% 722 65 9.9% 646 38 6.3%26-Apr-21 741 20 2.8% 801 14 1.8% 734 12 1.7% 664 18 2.8%

10-May-21 805 64 8.6% 868 67 8.4% 795 61 8.3% 737 73 11.0%24-May-21 753 -52 -6.5% 861 -7 -0.8% 773 -22 -2.8% 696 -41 -5.6%

14-Jun-21 738 -15 -2.0% 846 -15 -1.7% 735 -38 -4.9% 675 -21 -3.0%28-Jun-21 701 -37 -5.0% 811 -35 -4.1% 701 -34 -4.6% 636 -39 -5.8%

Notes: SteelHome's non-steelbenchmarker derived average price for each product is the determinant of the Chinese ex-works benchmark price. It is published for comparative purposes.



Ex-works

China

13

Dollars per Metric Tonne Euros per Metric Tonne




10-Feb-20 491 11 2.3% na - - na - - na - -24-Feb-20 481 -10 -2.0% na - - na - - na - -09-Mar-20 499 18 3.7% na - - na - - na - -23-Mar-20 496 -3 -0.6% na - - na - - na - -13-Apr-20 473 -23 -4.6% na - - na - - na - -27-Apr-20 457 -16 -3.4% na - - na - - na - -11-May-20 436 -21 -4.6% na - - na - - na - -25-May-20 453 17 4.0% na - - na - - na - -08-Jun-20 455 2 0.4% na - - na - - na - -22-Jun-20 458 3 0.7% na - - na - - na - -13-Jul-20 458 0 0.0% na - - na - - na - -27-Jul-20 479 21 4.5% na - - na - - na - -

10-Aug-20 485 6 1.3% na - - na - - na - -24-Aug-20 490 5 1.0% na - - na - - na - -14-Sep-20 575 85 17.3% na - - na - - na - -28-Sep-20 578 3 0.5% na - - na - - na - -12-Oct-20 584 6 1.0% na - - na - - na - -26-Oct-20 597 13 2.2% na - - na - - na - -09-Nov-20 615 18 3.0% na - - na - - na - -23-Nov-20 635 20 3.3% na - - na - - na - -14-Dec-20 666 31 4.9% na - - na - - na - -28-Dec-20 807 141 21.2% na - - na - - na - -11-Jan-21 816 9 1.1% na - - na - - na - -25-Jan-21 821 5 0.6% na - - na - - na - -

08-Feb-21 857 36 4.4% na - - na - - na - -22-Feb-21 883 26 3.0% na - - na - - na - -

08-Mar-21 866 -17 -1.9% na - - na - - na - -22-Mar-21 902 36 4.2% na - - na - - na - -

12-Apr-21 1026 124 13.7% na - - na - - na - -26-Apr-21 1114 88 8.6% na - - na - - na - -

10-May-21 1278 164 14.7% na - - na - - na - -24-May-21 1344 66 5.2% na - - na - - na - -

14-Jun-21 1388 44 3.3% na - - na - - na - -28-Jun-21 1420 32 2.3% na - - na - - na - -

Notes: Prices released on Wednesdays following the 2nd and 4th Mondays of the month at 9:00 AM to PriceAssessment Providers. If a price is not indicated, fewer than ten (10) price inputs were received at that time.The first price release was for May 8, 2006 for data go to steelbenchmarker.com/files/history2.pdf.


Ex-works

Western Europe

14

Euros per Metric Tonne Dollars per Metric Tonne


Euro Euro 　Pct Euro 　Pct Euro 　Pct Euro 　Pct

($/Euro) Price Chng Chng Price Chng Chng Price Chng Chng Price Chng Chng

10-Feb-20 1.090 450 15 3% na - - na - - na - -24-Feb-20 1.085 443 -7 -2% na - - na - - na - -09-Mar-20 1.145 436 -7 -2% na - - na - - na - -23-Mar-20 1.080 459 23 5% na - - na - - na - -13-Apr-20 1.091 433 -26 -6% na - - na - - na - -27-Apr-20 1.082 422 -11 -3% na - - na - - na - -11-May-20 1.081 403 -19 -4% na - - na - - na - -25-May-20 1.090 416 12 3% na - - na - - na - -08-Jun-20 1.129 403 -13 -3% na - - na - - na - -22-Jun-20 1.126 407 4 1% na - - na - - na - -13-Jul-20 1.134 404 -3 -1% na - - na - - na - -27-Jul-20 1.175 407 3 1% na - - na - - na - -

10-Aug-20 1.174 413 6 1% na - - na - - na - -24-Aug-20 1.179 416 2 1% na - - na - - na - -14-Sep-20 1.187 484 69 17% na - - na - - na - -28-Sep-20 1.166 496 11 2% na - - na - - na - -12-Oct-20 1.174 498 2 0% na - - na - - na - -26-Oct-20 1.181 506 8 2% na - - na - - na - -09-Nov-20 1.181 521 15 3% na - - na - - na - -23-Nov-20 1.184 536 16 3% na - - na - - na - -14-Dec-20 1.214 548 12 2% na - - na - - na - -28-Dec-20 1.221 661 112 20% na - - na - - na - -11-Jan-21 1.219 670 9 1% na - - na - - na - -25-Jan-21 1.216 675 5 1% na - - na - - na - -

08-Feb-21 1.205 711 36 5% na - - na - - na - -22-Feb-21 1.215 727 15 2% na - - na - - na - -

08-Mar-21 1.189 728 2 0% na - - na - - na - -22-Mar-21 1.188 759 31 4% na - - na - - na - -

12-Apr-21 1.191 862 102 13% na - - na - - na - -26-Apr-21 1.208 922 60 7% na - - na - - na - -

10-May-21 1.213 1053 132 14% na - - na - - na - -24-May-21 1.227 1095 42 4% na - - na - - na - -

14-Jun-21 1.212 1145 50 5% na - - na - - na - -28-Jun-21 1.192 1191 46 4% na - - na - - na - -

Notes: Prices released on Wednesdays following the 2nd and 4th Mondays of the month at 9:00 AM to PriceAssessment Providers. If a price is not indicated, fewer than ten (10) price inputs were received at that time.The first price release was for May 8, 2006 for data go to steelbenchmarker.com/files/history2.pdf.


Western EuropeEx-works

15

Dollars per Metric Tonne




10-Feb-20 495 -10 -2.0% na - - na - - na - -24-Feb-20 465 -30 -6.1% na - - na - - na - -09-Mar-20 466 1 0.2% na - - na - - na - -23-Mar-20 470 4 0.9% na - - na - - na - -13-Apr-20 393 -77 -16.4% na - - na - - na - -27-Apr-20 390 -3 -0.8% 507 - - na - - na - -11-May-20 385 -5 -1.3% na - - na - - na - -25-May-20 416 31 8.1% na - - na - - na - -08-Jun-20 420 4 1.0% na - - na - - na - -22-Jun-20 420 0 0.0% na - - na - - na - -13-Jul-20 419 -1 -0.2% na - - na - - na - -27-Jul-20 448 29 6.8% na - - na - - na - -

10-Aug-20 475 28 6.1% na - - na - - na - -24-Aug-20 500 25 5.3% na - - na - - na - -14-Sep-20 510 10 2.0% na - - na - - na - -28-Sep-20 512 2 0.4% na - - na - - na - -12-Oct-20 511 -1 -0.2% na - - na - - na - -26-Oct-20 524 13 2.5% na - - na - - na - -09-Nov-20 530 6 1.1% na - - na - - na - -23-Nov-20 610 80 15.1% na - - na - - na - -14-Dec-20 653 43 7.0% na - - na - - na - -28-Dec-20 672 19 2.9% na - - na - - na - -11-Jan-21 730 58 8.6% na - - na - - na - -25-Jan-21 758 28 3.8% na - - na - - na - -

08-Feb-21 730 -28 -3.7% na - - na - - na - -22-Feb-21 730 0 0.0% na - - na - - na - -

08-Mar-21 783 53 7.3% na - - na - - na - -22-Mar-21 838 55 7.0% na - - na - - na - -

12-Apr-21 911 73 8.7% na - - na - - na - -26-Apr-21 965 54 5.9% na - - na - - na - -

10-May-21 1069 104 10.8% na - - na - - na - -24-May-21 1100 31 2.9% na - - na - - na - -

14-Jun-21 1091 -9 -0.8% na - - na - - na - -28-Jun-21 1045 -46 -4.2% na - - na - - na - -

Notes: Prices released on Wednesdays following the 2nd and 4th Mondays of the month at 9:00 AM to PriceAssessment Providers. If a price is not indicated, fewer than ten (10) price inputs were received at that time.The first price release was for April 10, 2006 for data go to steelbenchmarker.com/files/history2.pdf.


FOB the Port of Export

World Export Price

16

Spot Market New Booking Prices for Near-Term DeliveryCommodity-grade product to mid-sized buyers

(Dollars per Metric Tonne, 500 to 2,000 tonnes transaction size)

USA MarketEast of the Mississippi

Western Europe MarketGermany/France

FOB mill Ex-works

Hot-rolled band * Hot-rolled band * (0.2" thick x 48-60" wide) (5mm thick x 1200-1500mm wide) Cold-rolled coil * Cold-rolled coil * (0.03" x 48-60" wide) (0.7mm x 1200-1500mm wide) Rebar #5 * Rebar #5 * (5/8" in diameter) (16mm in diameter) Standard plate * Standard plate * (1" x 96" x 240") (24mm x 2400mm x 6000mm) Steel scrap ** #1 Heavy melting Shredded - all but West Coast #1 Busheling

Chinese Market Home Market

World Export MarketAtlantic and Pacific Basin

Ex-works FOB port of export

Hot-rolled band * Hot-rolled band *** (5mm thick x 1200-1500mm wide) (5mm thick x 1200-1500mm wide) Cold-rolled coil * Cold-rolled coil *** (0.7mm x 1200-1500mm wide) (0.7mm x 1200-1500mm wide) Rebar #5 * Rebar #5 *** (16mm in diameter) (16mm in diameter) Standard plate * Standard plate *** (24mm x 2400mm x 6000mm) (24mm x 2400mm x 6000mm)

Note: Near-term delivery is normally two to six weeks. Hot-rolled band is the first product off the hot strip mill with: (1) a thickness of about 0.20 inch (but no less than 0.10 inch or more than 0.50 inch); (2) a coil size of 10 to 20 tons; (3) a width of 48 to 60 inches; and (4) a carbon component of 0.08% to 0.13%.

SteelHome's average price for each product is the determinant of the Chinese ex-works benchmark price. It is published for comparative purposes.

* Ex-works (the same as FOB mill). ** Steel scrap delivered to steel plant on a near-term basis, normally from two days to a month. #1 heavy melting – demolition scrap that is at least ¼” thick and surface dimension no larger than 60 by 24 inches. This grade does not includethe heavy “p & s” (plate and structural ) category that includes the very thick scrap items.

Shredded – largely old cars and some appliances – for all but the West Coast (California, Oregon and Washington). Shredded scrap is homogeneous iron and steel scrap magnetically separated, no. 1, no. 2 steel, miscellaneous bailing and sheet scrap with an average weight from 50 to 70 pounds per square foot. #1 busheling – new sheet steel scrap.

*** FOB port of export

ENCLOSURE 2

Estimated Amount$1,320,994

Vessel Procurement $3,513,179Pre-filter Procurement $627,966SCADA Control Panel and Services $115,121Ion Exchange Procurement $2,494,477Butterfly Valves Procurement $85,105

$5,843,158$14,000,000

Budget Amount$4,802,373$9,197,627

$14,000,000

PICO RIVERA WATER AUTHORITY

PFAS TREATMENT SYSTEM PROJECTCIP No. 50042

TOTAL ESTIMATED PROJECT COST

DescriptionDesign

TOTAL BUDGET:

TOTAL ESTIMATED POJECT COST:

Funding SourceWater Authority (550 Fund) carryover

Construction and Contingency (excludes Well 6)

FY 2021-22 Requested Appropriation - Water Authority (Fund 550)

16b




Subject: PFAS TREATMENT SYSTEM PROJECT (CIP NO. 50042) – AWARD PROFESSIONAL SERVICES AGREEMENT FOR ION EXCHANGE RESIN FOR PFAS TREATMENT SYSTEM

Recommendation:

1. Award a Professional Services Agreement in the amount of $2,494,477 to CalgonCarbon Corporation for the procurement of Ion Exchange (IX) resin for treatmentof per- and polyfluoroalkyl substances (PFAS) for the PFAS Treatment SystemProject (CIP No. 50042) and authorize the Executive Director to execute theagreement in a form approved by the General Counsel.

Fiscal Impact:

The fiscal year (FY) 2020-21 budget includes $2,494,477 in Water Authority (Fund 550) under Account No. 550.70.7340.54500.50042 – Contract Services. No additional funding is required.

Background:


In February 2020, DDW established a new NL of 5.1 ppt and 6.5 ppt for PFOA and PFOS, respectively. It has also established new Response Level (RL) of 10 ppt and 40 ppt for PFOA and PFOS, respectively as well as providing a tentative schedule to regulate PFOA and PFOS by establishing a maximum contaminate level (MCL’s) by winter of 2023. DDW has also started the process of reviewing other PFAS compounds in addition to PFOA

17

WATER AUTHORITY AGENDA REPORT – MEETING OF AUGUST 10, 2021 PFAS TREATMENT SYSTEM PROJECT (CIP NO. 50042) – AWARD PROFESSIONAL SERVICES AGREEMENT FOR ION EXCHANGE RESIN FOR PFAS TREATMENT SYSTEM Page 2 of 4 and PFOS for possible regulations, but a schedule for establishing NL, RL, or MCL’s has not yet been identified for said compounds. On May 5, 2020, the SWRCB issued a General Order to monitor PRWA wells beginning in the third quarter of 2020. The SWRCB recommends the removal of wells from service, if the well exceeds the new NL of 5.1 ppt and 6.5 ppt for PFOA and PFOS, respectively. Additionally, the PRWA may be required to remove a well from service if the RL is 10 ppt and 40 ppt for PFOA and PFOS, respectively. Discussion: The 2020 Water Master Plan identified water quality as the highest priority and noted that PFAS treatment is necessary for all eight (8) active wells currently producing the water supply. The project consists of providing PFAS treatment systems to be constructed at PRWA Plant Nos. 1, 2, 3 and at Water Well No. 5. Pre-procurement of Vessels and IX Resin for PFAS Treatment System On March 26, 2021, PRWA Commissioners authorized the pre-purchase of PFAS equipment vessel systems ahead of construction due to the current market’s extensive lead time for their production and delivery. Professional Services Agreement No. 21-51 to Aqueous Vets was executed for the purchase of 10 systems and to provide installation and maintenance services for a price not-to-exceed $3,513,178.73. This procurement was for the empty vessels only, two (2) vessels per system, to be filled with filtration media procured separately. Pre-purchase of the IX resin media ahead of the construction is recommended due to the current extended lead time for its production and delivery. A Request for Proposals (RFP) for the procurement, installation and start-up services related to the IX resin was released on the City’s website through PlanetBids on June 23, 2021. The RFP specified only the best performing resins per the results from the rapid small-scale column testing (RSSCT) conducted at each PRWA well site during the last few months. Additionally, the State Water Resources Control Board Division of Drinking Water (DDW) has communicated to the City that they will only approve resins that have been tested specifically at Pico Rivera’s water supply facilities. Initially, two Granulated Active Carbon (GAC), two IX and Fluoro-Sorb adsorbents were selected for testing. However, due to capital costs and footprint constraints, GAC was eliminated from consideration. The two IX resins selected for testing were Evoqua PSR2+ and Calgon CalRes 2301. PSR2+ is a gel resin that cannot be cleaned. CalRes is a “macro” resin that can be cleaned with chlorine in place, if needed.

WATER AUTHORITY AGENDA REPORT – MEETING OF AUGUST 10, 2021 PFAS TREATMENT SYSTEM PROJECT (CIP NO. 50042) – AWARD PROFESSIONAL SERVICES AGREEMENT FOR ION EXCHANGE RESIN FOR PFAS TREATMENT SYSTEM Page 3 of 4 On July 14, 2021, two (2) proposals were received as follows: Proposer Total Proposed Cost 1. Calgon Carbon Corporation $2,494,476.80 2. Evoqua Water Technologies LLC $2,492,557.14 The two proposals are virtually equal in cost, (within 0.001% of each other) and both companies manufacture their resin in the United States. A technical panel of two (2) engineers reviewed the proposals and used qualifications-based selection criteria to rank the proposers. The selection criteria weighed several factors such as experience and qualifications, key personnel, methodology, costs and responsiveness to the RFP. The technical panel selected Calgon Carbon Corporation as the highest scoring proposer. The proposer has relevant experience in Ion Exchange PFAS treatment projects and can also meet the schedule deadlines associated with the project. It is clear that the use of the selected Calgon resin would result in significantly lower annual costs based on information to-date. According to the results from the RSSCT data conducted using PRWA’s well samples, the Calgon resin provides better water treatment performance compared to the Evoqua resin due to its longer anticipated change-out durations. The change-out duration is the anticipated time during which the resin keeps its contaminant filtering properties. The longer the change-out duration, the less frequently the resin needs to be replaced, therefore lowering its replenishment costs. Based on testing results and current market pricing, the annual replenishment of the Evoqua resin is projected to cost approximately $1,100,000, where the annual replenishment of the Calgon resin is projected to cost approximately $430,000. Therefore, it would be approximately 60% cheaper to operate the water treatment vessels using Calgon resin compared to Evoqua resin. These amounts are based on small scale testing and are anticipated to experience variation once the full scale systems are put in operation and the performance of the resin is closely monitored. In addition, the Engineering Division is researching other filtering media and requesting approval from the regulatory agencies that may result in even lower projected annual replenishment costs. According to the updated project schedule, start-up is anticipated in February 2022. Calgon Carbon Corporation will fill each vessel once available on-site for receiving the filtration media, and has the ability to fill all 20 vessels within seven (7) days, if needed. Conclusion: Staff recommends awarding a Professional Services Agreement to Calgon Carbon Corporation for the purchase of 8,480 cubic feet of Ion Exchange resin for twenty (20)

WATER AUTHORITY AGENDA REPORT – MEETING OF AUGUST 10, 2021 PFAS TREATMENT SYSTEM PROJECT (CIP NO. 50042) – AWARD PROFESSIONAL SERVICES AGREEMENT FOR ION EXCHANGE RESIN FOR PFAS TREATMENT SYSTEM Page 4 of 4 vessels, (six (6) vessels at Plants Nos. 1, 2, 3, and two (2) vessels at Well No. 5), including associated fabrication, installation and start-up services, for a price not-to-exceed $2,494,477. Pre-purchase of the Ion Exchange Resin ahead of construction is recommended due to the current market’s extensive lead time for their production and delivery. Calgon Carbon Corporation will coordinate with Public Works staff and Jacobs to incorporate the Ion Exchange Resin into the contract documents needed to construct the proposed treatment facilities. Steve Carmona SC:MH:LO:GE:AR:lg Enclosures: 1) Professional Services Agreement (Calgon Carbon Corporation)


cayala

Steve Carmona

ENCLOSURE 2



$5,843,158$14,000,000

Budget Amount$4,802,373$9,197,627

$14,000,000

Design

TOTAL BUDGET:








Description

17a




Subject: PFAS TREATMENT SYSTEM PROJECT (CIP NO. 50042) – AWARD PROFESSIONAL SERVICES AGREEMENT FOR BUTTERFLY VALVES FOR PFAS TREATMENT SYSTEM

Recommendation:

1. Award a Professional Services Agreement to CS-amsco for the procurement ofbutterfly valves for treatment of per- and polyfluoroalkyl substances (PFAS) - PFASTreatment System Project (CIP No. 50042) in the amount of $85,105 and authorizethe Executive Director to execute the agreement in a form approved by the GeneralCounsel.

Fiscal Impact:

The fiscal year (FY) 2020-21 budget includes $85,105 in Water Authority funds (Fund 550) under Account No. 550.70.7340.54500.50042 (Contract Services – Project #50042).No additional funding is required at this time.

Background:


In February 2020, DDW established a new NL of 5.1 ppt and 6.5 ppt for PFOA and PFOS, respectively. It has also established new Response Level (RL) of 10 ppt and 40 ppt for

18

WATER AUTHORITY AGENDA REPORT – MEETING OF AUGUST 10, 2021 PFAS TREATMENT SYSTEM PROJECT (CIP NO. 50042) – AWARD PROFESSIONAL SERVICES AGREEMENT FOR BUTTERFLY VALVES FOR PFAS TREATMENT SYSTEM Page 2 of 3 PFOA and PFOS, respectively as well as providing a tentative schedule to regulate PFOA and PFOS by establishing a maximum contaminate level (MCL’s) by winter of 2023. DDW has also started the process of reviewing other PFAS compounds in addition to PFOA and PFOS for possible regulations, but a schedule for establishing NL, RL, or MCL’s has not yet been identified for said compounds. On May 5, 2020, the SWRCB issued a General Order to monitor PRWA wells beginning in the third quarter of 2020. The SWRCB recommends the removal of wells from service, if the well exceeds the new NL of 5.1 ppt and 6.5 ppt for PFOA and PFOS, respectively. Additionally, the PRWA may be required to remove a well from service if the RL is 10 ppt and 40 ppt for PFOA and PFOS, respectively. Discussion: The 2020 Water Master Plan identified water quality as the highest priority and noted that PFAS treatment is necessary for all eight (8) active wells currently producing the water supply. The project consists of providing PFAS treatment systems to be constructed at PRWA Plant Nos. 1, 2, 3 and at Water Well No. 5. Pre-procurement of PFAS Treatment System components On March 26, 2021, PRWA Commissioners authorized the pre-purchase of PFAS equipment vessel systems ahead of construction due to the current market’s extensive lead time for their production and delivery. A Professional Services Agreement No. 21-51 to Aqueous Vets was executed for the purchase of 10 systems and to provide installation and maintenance services for a price not-to-exceed $3,513,178.73. This procurement was for the empty vessels only, two (2) vessels per system, to be filled with filtration media procured separately. Pre-purchase of the butterfly valves ahead of the construction is recommended due to the current extended lead time for their production and delivery, currently four months. A Request for Proposals (RFP) for the procurement services related to the butterfly valves was released on the City’s website through PlanetBids on June 23, 2021. On July 19, 2021, one (1) proposal was received. A technical panel of two (2) engineers reviewed the proposal using qualification-based selection criteria. The selection criteria weighed several factors such as experience and qualifications of vendor, key personnel, methodology, costs and responsiveness to the RFP. The technical committee determined CS-amsco has relevant experience with valves for water projects and can also meet the schedule deadlines associated with the project. CS-amsco proposes procuring and delivering of all valves within 14 to 16 weeks. According to the updated project schedule, the valves will be needed for installation in December 2021.

WATER AUTHORITY AGENDA REPORT – MEETING OF AUGUST 10, 2021 PFAS TREATMENT SYSTEM PROJECT (CIP NO. 50042) – AWARD PROFESSIONAL SERVICES AGREEMENT FOR BUTTERFLY VALVES FOR PFAS TREATMENT SYSTEM Page 3 of 3 Conclusion: Staff recommends awarding a Professional Services Agreement to CS-amsco for the procurement of 21 butterfly valves ranging from 10-inches to 16-inches, including associated fabrication and delivery, for a price not-to-exceed $85,105. Pre-purchase of the butterfly valves ahead of construction is recommended due to the current market’s extensive lead time for their production and delivery. CS-amsco will coordinate with Public Works staff and Jacobs to incorporate the butterfly valves into the contract documents needed to construct the proposed treatment facilities. Steve Carmona SC:MH:LO:GE:AR:lg Enclosures: 1) Professional Services Agreement (CS-amsco)


cayala

Steve Carmona

AGREEMENT NO. _______ PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE PICO RIVERA WATER AUTHORITY AND CS-AMSCO

1. IDENTIFICATION

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered intoby and between the Pico Rivera Water Authority, a California municipal corporation (“PRWA”) and CS-amsco, (“Supplier”). PRWA and Supplier are sometimes hereinafter individually referred to as a “Party” and collectively referred to as “Parties.”

2. RECITALS

2.1 PRWA has determined that it requires professional services from a supplier toprovide shop drawings, fabrication and delivery of butterfly valves related to the PFAS Treatment Systems.

2.2 Supplier represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Supplier further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, for and in consideration of the performance by the Parties of the mutual covenants and conditions herein contained, the Parties hereto agree as follows:

3. DEFINITIONS

3.1 “Scope of Services”: Such professional services as are set forth in theSupplier’s July 15, 2021, proposal to PRWA attached hereto as Exhibit “A” and incorporated herein by this reference.

3.2 “Approved Fee Schedule”: Such compensation rates as are set forth in the Supplier’s July 15, 2021, proposal to PRWA attached hereto as Exhibit “B.”

3.3 “Commencement Date”: August 10, 2021

3.4 “Expiration Date”: May 10, 2022

4. TERM

The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement of the Parties or terminated in accordance with Section 22 below.

5. SUPPLIER’S SERVICES

5.1 Supplier shall perform the services identified in the Scope of Services. PRWA shall have the right to request, in writing, changes in the Scope of Services. Any such 18a

lgaray

Typewritten Text

ENCLOSURE 1

Professional Services Agreement CS-AMSCO Page 2 of 13

changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Supplier under this Agreement exceed the sum of Eighty-Five Thousand One Hundred Five Dollars and No Cents ($85,105.00), unless specifically approved in advance, in writing, by PRWA.

5.2 Supplier shall perform all work to the highest professional standards of Supplier’s profession and in a manner reasonably satisfactory to PRWA.

6. COMPENSATION

6.1 PRWA agrees to compensate Supplier for the services provided under this Agreement, and Supplier agrees to accept in full satisfaction for such services, payment in accordance with the Approved Fee Schedule.

6.2 Supplier shall submit to PRWA an invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten (10) business days of receipt of each invoice, PRWA shall notify Supplier in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, PRWA shall pay all undisputed amounts included on the invoice. PRWA shall not withhold applicable taxes or other authorized deductions from payments made to Supplier.

6.3 Payments for any services requested in writing by PRWA and not included in the Scope of Services shall be made to Supplier by PRWA on a time-and-materials basis using Supplier’s standard fee schedule. Fees for such additional services shall be paid within sixty (60) days of the date Supplier issues an invoice to PRWA for such services.

7. BUSINESS LICENSE

Supplier shall obtain a PRWA business license prior to commencing performance under this Agreement.

8. COMPLIANCE WITH LAWS

Supplier shall keep informed of State, Federal and Local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Supplier shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Supplier is an out-of-state corporation or LLC, it must be qualified and registered to do business in the State of California pursuant to sections 2105 and 17708.02 of the California Corporations Code. The PRWA, its officers and employees shall not be liable at law or in equity occasioned by failure of Supplier to comply with this Section.


9. CONFLICT OF INTEREST

Supplier covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Supplier under this Agreement, or which would conflict in any manner with the performance of its services hereunder. During the term of this Agreement, Supplier shall not perform any work for another person or entity for whom Supplier was not working at the Commencement Date if both: (i) such work would require Supplier to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) PRWA has not consented in writing prior to Supplier’s performance of such work.

10. PERSONNEL

Supplier represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Supplier or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Supplier reserves the right to determine the assignment of its own employees to the performance of Supplier’s services under this Agreement, but PRWA reserves the right, for good cause, to require Supplier to exclude any employee from performing services on PRWA’s premises. W. Grant Bartholme, Project Manager, shall be Supplier’s project administrator and shall have direct responsibility for management of Supplier’s performance under this Agreement. No change shall be made in Supplier’s project administrator without PRWA’s prior written consent.

11. OWNERSHIP OF WRITTEN PRODUCTS

All reports, documents or other written material (“written products”) developed by Supplier in the performance of this Agreement shall be and remain the property of PRWA without restriction or limitation upon its use or dissemination by PRWA. Supplier may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Supplier. If any state, federal, or local law requires mandatory copyright protection for Supplier’s work product, PRWA shall comply with such laws to the extent feasible.

12. INDEPENDENT CONTRACTOR

12.1 Supplier is, and shall at all times remain as to PRWA, a wholly independent Contractor. Supplier shall have no power to incur any debt, obligation, or liability on behalf of PRWA or otherwise to act on behalf of PRWA as an agent. Neither PRWA nor any of its officers, employees or agents shall have control over the conduct of Supplier or any of Supplier’s employees, except as set forth in this Agreement. Supplier shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of PRWA.


12.2 The Parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship, joint-employer relationship, or any other relationship between Supplier or Supplier’s employees except as set forth in this Agreement.

12.3 PRWA shall have no direct or indirect control over Supplier’s employees or subsuppliers with respect to wages, hours, and working conditions. In addition, PRWA shall not deduct from the Compensation paid to Supplier any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to Supplier, Supplier’s employees or subsuppliers. PRWA shall have no responsibility to provide Supplier, its employees or subsuppliers with workers’ compensation insurance or any other insurance.

12.4 The Parties further acknowledges the following: (i) that Supplier shall provide the services outlined in the Scope of Services directly to City; (ii) Supplier maintains a business location at the address listed under Section 20 that is separate and distinct from the City; (iii) Supplier contracts with other businesses to provide the same or similar services and maintains a clientele without restriction from the City; (iv) Supplier advertises and holds itself out to the public as available to provide the same or similar services; (v) unless otherwise specified in this Agreement, Supplier provides its own tools, vehicles, and equipment necessary for performing the Scope of Services; (vi) Supplier has proposed and negotiated its own rates; and (vii) consistent with the nature and demands of the project and the City’s business hours, Supplier may set its own hours and location of work.

13. CONFIDENTIALITY

All data, documents, discussion, or other information developed or received by Supplier or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Supplier without prior written consent by PRWA. PRWA shall grant such consent if disclosure is legally required. Upon request, all PRWA data and any copies thereof shall be returned to PRWA upon the termination or expiration of this Agreement.

14. NON-LIABILITY OF PRWA OFFICIALS AND EMPLOYEES

No official or employee of the PRWA shall be personally liable to Supplier in the event of any default or breach by PRWA, or for any amount which may become due to Supplier.

15. INDEMNIFICATION

15.1 The Parties agree that PRWA, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way


related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to PRWA. Supplier acknowledges that PRWA would not enter into this Agreement in the absence of Supplier’s commitment to indemnify and protect PRWA as set forth herein. Notwithstanding the foregoing, to the extent Supplier's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Supplier.

15.2 To the full extent permitted by law, Supplier shall indemnify, hold harmless and defend PRWA, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Supplier or any of its officers, employees, servants, agents, or subsuppliers in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of PRWA’s choice and expert witness fees and supplier fees. Notwithstanding the foregoing, to the extent Supplier's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Supplier.

15.3 PRWA shall have the right to offset against the amount of any compensation due Supplier under this Agreement any amount due PRWA from Supplier as a result of Supplier’s failure to pay PRWA promptly any indemnification arising under this Section 15 or related to Supplier’s failure to either: (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

15.4 The obligations of Supplier under this Section 15 will not be limited by the provisions of any workers’ compensation act or similar act. Supplier expressly waives its statutory immunity under such statutes or laws as to PRWA, its officers, agents, employees and volunteers.

15.5 Supplier agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 15 from each and every subsupplier or any other person or entity involved by, for, with or on behalf of Supplier in the performance of this Agreement. In the event Supplier fails to obtain such indemnity obligations from others as required herein, Supplier agrees to be fully responsible and indemnify, hold harmless and defend PRWA, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any


alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Supplier’s subsuppliers or any other person or entity involved by, for, with or on behalf of Supplier in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of PRWA’s choice and expert witness fees and supplier fees.

15.6 PRWA does not, and shall not, waive any rights that it may possess against Supplier because of the acceptance by PRWA, or the deposit with PRWA, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

15.7 PERS ELIGIBILITY INDEMNITY. In the event that Supplier or any employee, agent, or subsupplier of Supplier providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the PRWA, Supplier shall indemnify, defend, and hold harmless PRWA for the payment of any employee and/or employer contributions for PERS benefits on behalf of Supplier or its employees, agents, or subsuppliers, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of PRWA.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Supplier and any of its employees, agents, and subsuppliers providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by PRWA, including but not limited to eligibility to enroll in PERS as an employee of PRWA and entitlement to any contribution to be paid by PRWA for employer contribution and/or employee contributions for PERS benefits.

16. INSURANCE

16.1 During the term of this Agreement, Supplier shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Supplier’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

16.1.1 Comprehensive general liability, and Umbrella or Excess Liability Insurance covering all operations by or on behalf of Supplier providing insurance for bodily injury liability and property damage liability for the following and including coverage for:


16.1.1.1 Premises, operations, and mobile equipment

16.1.1.2 Products and completed operations

16.1.1.3 Broad form property damage (including completed operations)

16.1.1.4 Explosion, collapse, and underground hazards

16.1.1.5 Personal Injury

16.1.1.6 Contractual liability

in the amount of One Million Dollars ($1,000,000) for each occurrence, combined single limit, against any personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Supplier.

16.1.2 Automobile Liability Insurance for owned, hired and non-owned vehicles utilized by Supplier, its employees or subsuppliers, in the amount of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

16.1.3 Worker’s Compensation Insurance as required by the laws of the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.

16.2 Supplier shall require each of its subsuppliers, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

16.3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.

16.4 Supplier agrees that if it does not keep the aforesaid insurance in full force and effect PRWA may either: (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Supplier’s expense, the premium thereon.

16.5 At all times during the term of this Agreement, Supplier shall maintain on file with PRWA’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and, for the general liability and automobile liability policies, naming the PRWA as an additional insured. Supplier shall, prior to commencement of work under this Agreement, file with PRWA’s Risk Manager such certificate(s).

16.6 Supplier shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other


policies providing at least the same coverage. Supplier shall provide such proof to PRWA at least two weeks prior to the expiration of the coverages.

16.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming PRWA, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to PRWA. Supplier agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

16.8 The general liability and automobile policies of insurance provided by Supplier shall be primary to any coverage available to PRWA. Any insurance or self-insurance maintained by PRWA, its officers, employees, agents or volunteers, shall be in excess of Supplier’s insurance and shall not contribute with it.

16.9 All insurance coverage provided pursuant to this Agreement shall not prohibit Supplier, and Supplier’s employees, agents or subsuppliers, from waiving the right of subrogation prior to a loss. Supplier hereby waives all rights of subrogation against the PRWA.

16.10 Any deductibles or self-insured retentions must be declared to and approved by the PRWA. At the option of PRWA, Supplier shall either reduce or eliminate the deductibles or self-insured retentions with respect to PRWA, or Supplier shall procure a bond guaranteeing payment of losses and expenses.

16.11 Procurement of insurance by Supplier shall not be construed as a limitation of Supplier’s liability or as full performance of Supplier’s duties to indemnify, hold harmless and defend under Section 15 of this Agreement.

16.12 If Supplier maintains broader coverage and/or higher limits than the minimums shown above, the PRWA requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Supplier. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the PRWA.

17. MUTUAL COOPERATION

17.1 PRWA shall provide Supplier with all pertinent data, documents and other requested information as is reasonably available to PRWA for the proper performance of Supplier’s services under this Agreement.

17.2 In the event any claim or action is brought against PRWA relating to Supplier’s performance in connection with this Agreement, Supplier shall render any reasonable assistance that PRWA may require.


18. RECORDS AND INSPECTIONS

Supplier shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement. PRWA shall have the right to access and examine such records, without charge, during normal business hours. PRWA shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

19. PERMITS AND APPROVALS

Supplier shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement. This includes, but shall not be limited to, encroachment permits and building and safety permits and inspections.

20. NOTICES

Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile, email, or overnight courier service during Supplier’s and PRWA’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the Parties may, from time to time, designate in writing).

If to PRWA: If to Supplier: Steve Carmona, City Manager City of Pico Rivera PO Box 1016 6615 Passons Blvd. Pico Rivera, California 90660-1016 Facsimile: (562) 801-4765

Jeremy J. Jones, DWS Project Manager CS-amsco 3000 GSK Drive Moon Township, PA 15108

With a courtesy copy to:

Arnold M. Alvarez-Glasman, City Attorney 13181 Crossroads Parkway North Suite 400 - West Tower City of Industry, CA 91746 Facsimile: (562) 692-2244


21. SURVIVING COVENANTS

The Parties agree that the covenants contained in Sections 13, 15 and Paragraph 17.2 of Section 17, of this Agreement shall survive the expiration or termination of this Agreement.

22. TERMINATION

22.1. PRWA shall have the right to terminate this Agreement for any reason on five (5) calendar days’ written notice to Supplier. Supplier shall have the right to terminate this Agreement for any reason on sixty (60) calendar days’ written notice to PRWA. The effective date of termination shall be upon the date specified in the notice of termination. Supplier agrees that in the event of such termination, PRWA’s obligation to pay Supplier shall be limited to payment only for those services satisfactorily rendered, as solely determined by the PRWA, prior to the effective date of termination. Supplier agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All PRWA data, documents, objects, materials or other tangible things shall be returned to PRWA upon the termination or expiration of this Agreement.

22.2 If PRWA terminates this Agreement due to no fault or failure of performance by Supplier, then Supplier shall be paid based on the work satisfactorily performed, as solely determined by the PRWA, at the time of termination. In no event shall Supplier be entitled to receive more than the amount that would be paid to Supplier for the full performance of the services required by this Agreement.

23. ASSIGNMENT

Supplier shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without PRWA’s prior written consent, and any attempt to do so shall be void and of no effect. PRWA shall not be obligated or liable under this Agreement to any Party other than Supplier.

24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

24.1 In the performance of this Agreement, Supplier shall not discriminate against any employee, subsupplier, or employment applicant because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Supplier will take affirmative action to ensure that subsuppliers, employees, and employment applicants are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

24.2 Supplier will, in all solicitations or advertisements for employees placed by or on behalf of Supplier state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race,


color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

24.3 Supplier will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.

25. WARRANTIES

25.1 Each Party has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement, or been provided with an opportunity to receive independent legal advice and has freely and voluntarily waived and relinquished the right to do so. Each Party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such Party’s failure to perform under this Agreement.

25.2 In executing this Agreement, each Party has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever.

25.3 It is agreed that each Party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either Party has the full right and authority to fully commit and bind such Party to the provisions of this Agreement.

26. CAPTIONS

26.1 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement.

26.2 Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

27. NON-WAIVER

27.1 The waiver by PRWA or Supplier of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or


condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. In no event shall the making by PRWA of any payment to Supplier constitute or be construed as a waiver by PRWA of any breach of covenant, or any default which may then exist on the part of Supplier, and the making of any such payment by PRWA shall in no way impair or prejudice any right or remedy available to PRWA with regard to such breach or default. No term, covenant or condition of this Agreement shall be deemed to have been waived by PRWA or Supplier unless in writing.

27.2 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any Party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such Party of any of all of such other rights, powers or remedies.

27.3 Supplier shall not be liable for any failure to perform if Supplier presents acceptable evidence, in PRWA’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Supplier.

28. COURT COSTS AND ATTORNEY FEES

In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the Party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants’ fees and expert witness fees, if any, and attorneys’ fees expended in such action. The venue for any litigation shall be Los Angeles County, California.

29. SEVERABILITY

If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

30. GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of the State of California.


31. COUNTERPARTS

This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile or email transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the Party whose signature appears in the facsimile or email and shall be binding upon such Party in the same manner as though an originally signed copy had been delivered.

32. ENTIRE AGREEMENT

All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between PRWA and Supplier with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the Parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by PRWA and Supplier.

TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

“PRWA” “SUPPLIER” PICO RIVERA WATER AUTHORITY CS-amsco ______________________________ ___________________________________ Steve Carmona, Executive Director W. Grant Bartholme, Project Manager Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM: ___________________________ ___________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney

of 24

EXHIBIT ASCOPE OF SERVICES

gedwards

Text Box

“Sales Thru Customer Service” 15842 Chemical Ln, Huntington Beach, Ca 92649

(714) 892-4200 Phone (714) 892-4266 Fax www.csamsco.com

TABLE OF CONTENTS Cover Letter: Page: 2 Executive Summary Page: 4 Proposer’s Qualifications and Methodology Page: 6 Project Completion Schedule Page: 8 Cost Proposal Page: 10 Other Information Page: 12



Cover Letter



Date: 7/14/2021

PROJECT NAME:

PFAS Treatment System Butterfly Valve.

CUSTOMER:

City of Pico Rivera

LOCAL SUPPLIER: CS - amsco 15842 Chemical Lane HUNTINGTON BEACH, CA 92649 Phone: 714-892-4200 Fax: 714-892-4266 Email: [email protected] Project Manager: W. Grant Bartholme Manufacturer: Dezurik, Inc. 250 Riverside Avenue North Sartell, MN 56377 Telephone: 320-259-2000 Signature of an individual legally authorized to bind the submitter to its proposal and proposed pricing and resultant agreement: X_____________________________________________ Date: ________________ This proposal intends to perform the agreement as a single proposer and will bear sole complete responsibility for all work as defined in this RFP and in the agreed upon resultant Agreement, even if any work is performed by a sub supplier or manufacturer approved by PRWA.

Pricing within this proposal is valid for 90 days.

7/15/2021



Executive Summary



Executive Summary: We will provide butterfly valves per the specifications provided in this contract documents and deliver them to the job site by the provided date of November 30th of 2021 provided we receive a release to production for all items no later than August 2nd, 2021. Dezurik is one of the oldest valve manufacturers in the United States currently located in Sartell Minnesota, they have been in business delivering quality products to their customers since 1928.



Proposer’s Qualifications and

Methodology



Qualifications:

1. Project: PFAS - SANTA MARGARITA CONJUNCTIVE USE Contractor: Alberici/Filanc Joint Venture Owner: Fallbrook Public Utility Agency Supplied: 2021 Project: SLO - Water Recovery Facility project (WRRF) Contractor: PCL Construction Owner: City of San Luis Obispo Utility Supplied: 2021 Project: SLO - RP-5 LIQUIDS EXP AND SOLIDS TREATMENT Contractor: WM Lyles Owner: Inland Empire Utility Agency Supplied: 2021 2. The project manager associated with this project is Grant Bartholme, please see cover page for contact information. Methodology: Dezurik will use these project documents to generate submittals associated with the proposed valves to be provided for this project. To which they will address any concerns associated or questions associated with the submittals once they are received and reviewed by the customer. After they will be released to production at the approval of the customer, then ship out to the job site in a timely manner.



Project Completion Schedule



Project Completion Schedule: After being award the project, we will provide submittals in approximately 1 week. After the valves have been released to production the current lead time as of 7/15/2021 is as follows: Qty 11 - 10” Butterfly Valves - 10-12 weeks upon release/receipt of order Qty 4 - 12” Butterfly Valves - 14-16 weeks upon release/receipt of order. Qty 6 - 16” Butterfly Valves - 8-10 weeks upon release/receipt of order Once the valves ship they it will take approximately 1 week to arrive on site.



Other Information



AIS AWWA Butterfly Valves Reference List

1) Project: GWRS- Ground Water Replenishment System Final Expansion

- End-user: Orange County Water District (Year 2020) - Manual and Automatic AWWA Butterfly Valve 12”-60” valves sizes - Project manager: Sandy Scott-Roberts; (714) 378-3292

2) Project: IEUA -NAPA Lateral

- End-user: Inland Empire Utilities Agency (year 2020) - Manual AWWA Butterfly Valves (12”-24”) - Engineering manager: Jerry Burke; (909) 993-1548

3) Project: Santa Margaretta Conjunctive Use project

- End-user: Fallbrook Public Utilities District (year 2020) - Manual AWWA Butterfly Valve 4” – 24” Valve sizes - Project Manager: Jane Costello; 858.842.4425

4) Project: EVMWD- Regional Water reclamation

- End-user: Elsinore Valley Municipal Water District - Manual AWWA Butterfly valves 10”-12” Valve sizes - Project Manager: Bill Graham; (951) 674-3146

5) Project: IEUA -RP-1 1158 Zone Recycled Water pump Station 17127-15202-P

- End-user: Inland Empire Utilities Agency (year 2020) - Manual AWWA Butterfly Valves (10”-24”) - Engineering manager: Jerry Burke; (909) 993-1548

MANUFACTURER’S CONDITIONS These conditions apply to all quotations, orders and contracts for DeZURIK, Inc. (“we,” “us” or “our”)

FORM 1445-1118

1. CONSTRUCTION AND LEGAL EFFECT: Our sale to you, as the purchaser of goods from us, is limited to and expressly made conditional on your assent to these typed and printed terms and conditions of sale, the face and reverse side hereof (‘These Terms”), all of which form a part of the agreement to sell and which supersede and reject all prior writings (including your order), representations, negotiations with respect hereto and any conflicting terms and conditions of yours, any statement therein to the contrary notwithstanding. The sending of the purchase order for the goods referred to herein, whether or not signed by you, or your acceptance of the goods or payment operates as acceptance by you of These Terms. In case of conflict between These Terms and the terms of your purchase order or acceptance, These Terms govern; any different or conflicting terms submitted by you in any purchase order or acceptance shall be deemed objected to by us and shall be of no effect unless specifically agreed to by us in writing. We will furnish only the quantities and goods specifically listed on the face hereof or the pages attached hereto. We assume no responsibility for other terms or conditions or for furnishing other equipment or material shown in any plans and/or specifications for a project to which the goods quoted or ordered herein pertain or refer. Our published or quoted terms and conditions are subject to change without notice prior to acceptance of order. 2. PRICES: Unless otherwise noted on the face hereof, quotations are valid for 30 days, prices are net, FCA carrier, our factory. Stenographic, clerical, and mathematical errors are subject to correction. Until acceptance of order on These Terms, quoted prices and delivery are subject to change. Thereafter, unless otherwise noted, prices are firm for shipment of goods within 12 months from the relevant quotation date. Our prices are based on current prices for material. We will endeavor to obtain the lowest pricing on materials from our suppliers, but if a significant material price increase occurs between order acceptance and shipment date, goods scheduled to ship beyond 12 months of the quotation date are subject to a price adjustment by the amount necessary to cover such increase. 3. DELIVERY: Dates for the furnishing of services and/or delivery or shipment of goods are approximate only and are subject to change. Quoted lead times are figured from the later of date of acceptance of order on These Terms or from the date of receipt of complete technical data and approved drawings as such may be necessary. We shall not be liable, directly or indirectly, for any delay in or failure to perform caused by carriers or suppliers or delays from labor difficulties, shortages, strikes or stoppages of any sort, failure or delay in obtaining materials, customer requested order changes, fires, floods, storms, accidents, causes designated acts of God or force majeure by any statute or court of law or other causes beyond our reasonable control. 4. SHORTAGE, DAMAGE, ERRORS IN SHIPMENT: Our responsibility ceases upon delivery to carrier. Risk of loss, injury or destruction of property, shall be borne by you from and after our delivery to carrier, and such loss, injury or destruction shall not release you from the obligation to pay the purchase price. You shall note receipt for goods that are not in accordance with bill of lading or express receipt and you shall make claim against such carrier for any shortage, damage or discrepancy in the shipment per the ICC Code for Freight Claims promptly. You shall inspect and examine all items and goods covered by the order when unpacking crated or boxed goods, and if damage is discovered, leave as is until the carrier’s agent makes examination and notation on freight or express bill of concealed damage. We will render reasonable assistance to help trace and recover lost goods and collect just claims as a business courtesy, but without obligation. We do not guarantee safe delivery. 5. TAXES: Our prices do not include sales, use, excise, occupation, processing, transportation or other similar taxes which we may be required to pay or collect with respect to any of the materials covered hereby under existing or future law. Consequently, in addition to the price specified herein, such taxes shall be paid by you, or you shall provide us with a tax exemption certificate acceptable to the appropriate taxing authorities. You shall also assume and pay any import or export duties and taxes, with respect to the materials covered by the order, and shall hold harmless and reimburse us therefrom. 6. CREDIT AND PAYMENT: Unless otherwise noted on the face hereof, payment of goods shall be (30) days net in US dollars. Prorated payments shall become due with partial shipments. We reserve the right at any time to suspend credit or to change credit terms provided herein, when, in our sole opinion, your willingness or ability to pay your obligations to us is in doubt. Failure to pay invoices at maturity date, at our election, makes all subsequent invoices immediately due and payable irrespective of terms, and we may withhold all subsequent deliveries until the full account is settled and we shall not, in such event, be liable for non-performance of contract in whole or in part. You agree to pay, without formal notice, 1.5% per month of the amount not paid when due, provided that, if such rate is in excess of applicable governing law, you agree to pay the maximum permitted rate. 7. CANCELLATIONS AND CHANGES: Orders which have been accepted by us are not subject to your cancellation or changes in specifications, except upon our written consent, and we may require, as a condition of such consent, appropriate adjustments in price, delivery schedule and other relevant terms, and in the case of cancellation, cancellation charges. In the event we accept your cancellation, you shall be liable for a cancellation charge equal to the higher of (i) 25% of the purchase price of the item(s), or (ii) any loss or cost incurred by us, including cost of materials, labor, engineering, reconditioning and our profit margin. 8. DEFERRED SHIPMENT: If shipment is deferred at your request, payment of the contract price shall become due when you are notified that the equipment is ready for shipment. If you fail to make payment and/or furnish shipping instructions we may either extend time for so doing or cancel contract. In case of deferred shipment at your request, storage and other reasonable expenses attributable to such delay shall be payable by you. 9. LIMITED WARRANTY: Products, auxiliaries and parts thereof that we manufacture are warranted to the original purchaser for a period of twenty-four (24) months from date of shipment from factory, against defective workmanship and material, but only if properly stored, installed, operated, and serviced in accordance with our recommendations. Repair or replacement, at our option, for items we manufacture will be made free of charge, (FOB) our facility with removal, transportation and installation at your cost, if proved to be defective within such time, and this is your sole remedy with respect to such products. Equipment or parts manufactured by others but furnished by us will be repaired or replaced, but only to the extent provided in and honored by the original manufacturers’ warranty, in each case subject to the limitations contained therein. No claim for transportation, labor or special or consequential damages or any other loss, cost or damage shall be allowed. You shall be solely responsible for determining suitability for use and in no event shall we be liable in this respect. We do not guarantee resistance to corrosion, erosion, abrasion or other sources of failure, nor do we guarantee a minimum length of service. Your failure to give written notice to us of any alleged defect under this warranty within twenty (20) days of its discovery, or attempts by someone other than us or our authorized representatives to remedy the alleged defects therein, or failure to return product or parts for repair or replacement as herein provided, or failure to install and operate said products and parts according to instructions we furnished, or misuse, modification, abuse or alteration of such product, accident, fire, flood or other Act of God, or failure to pay entire contract price when due shall be a waiver by you of all rights under this warranty. The foregoing guarantee shall be null and void if, after shipment from our factory, the item is modified in any way or a component of another manufacturer, such as but not limited to; an actuator is attached to the item by anyone other than our Factory Service personnel. All orders accepted shall be deemed accepted subject to this limited warranty, which shall be exclusive of any other or previous Warranty, and this shall be the only effective guarantee or warranty binding on us, despite anything to the contrary contained in the purchase order or represented by any of our agents or employees, in writing or otherwise, notwithstanding, including but not limited to implied warranties.

THE FOREGOING REPAIR AND REPLACEMENT OBLIGATIONS ARE IN LIEU OF ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES, INCLUDING ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY OR OTHERWISE, EXPRESSED OR IMPLIED IN FACT OR BY LAW, AND STATE OUR ENTIRE AND EXCLUSIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM IN CONNECTION WITH THE SALE AND FURNISHING OF SERVICES, GOODS OR PARTS, THEIR DESIGN, SUITABILITY FOR USE, INSTALLATION OR OPERATIONS. 10. INTELLECTUAL PROPERTY. We shall indemnify and hold you harmless from any amount that you are required to pay to a third-party pursuant to final, non-appealable court order as a result of such third-party’s claim that a product sold hereunder infringes any United States patent or copyright of such third party; provided that our obligation of indemnification is contingent upon (a) your notifying us of any such claim within 20 days of receipt thereof, (b) your providing us with exclusive control of the defense and/or settlement thereof, and (c) your cooperating with us in such defense and/or settlement. In the event of such a successful infringement claim by the third party, at our option, we shall either (i) modify the product sold hereunder so that it performs comparable functions without infringement, (ii) obtain a royalty-free license for you to continue using the infringing product or (iii) refund to you the then-depreciated fair market value of the infringing component. We shall have no obligation under this Section to the extent a claim is based upon (a) the combination, operation or use of the product with equipment, products, hardware, software, systems or data that was not provided by us, if such infringement would have been avoided in the absence of such combination, operation or use, or (b) your use of the product in any manner inconsistent with our written materials regarding the use of such product. This Section states our entire liability and your exclusive remedy with respect to any alleged infringement arising from the use of the products sold hereunder or any part thereof and is subject to the other limitations contained in These Terms. 11. LIMITATION OF LIABILITY: IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, AND OUR LIABILITY, UNDER NO CIRCUMSTANCES, WILL EXCEED THE CONTRACT PRICE FOR THE GOODS AND/OR SERVICES FOR WHICH LIABILITY IS CLAIMED, ANY ACTION FOR BREACH OF CONTRACT BY YOU, OTHER THAN RIGHTS RESPECTING OUR LIMITED WARRANTY DESCRIBED IN SECTION 9 ABOVE, MUST BE COMMENCED WITHIN THE EARLIER OF 12 MONTHS AFTER THE DATE OF SALE. 12. EXPORT CONTROL COMPLIANCE: You agree and acknowledge that the products are sold in accordance with U.S. export control and sanctions laws, regulations and orders, as they may be amended from time to time. You agree to ascertain and comply with all applicable export and re-export obligations and restrictions, including without limitation, U.S. export and re-export controls under the Export Administration Regulations (“EAR”), International Traffic in Arms Regulations (“ITAR”), and all regulations and orders administered by the U.S. Department of Treasury, Office of Foreign Assets Control (collectively, “U.S. Export Control Laws”). If you are conducting the export from the United States or the re-export from a country outside the United States, you shall comply with such U.S. Export Control Laws and obtain any license or other authorization required to export or re-export the products and related technology. We shall reasonably cooperate and exercise reasonable efforts, at your expense, to support you in obtaining any necessary licenses or authorizations. You shall not export or re-export the products and/or related technology to any country or entity to which such export or re-export is prohibited, including any country or entity under sanction or embargoes administered by the United States. Any diversion contrary to the law of the United States is prohibited. You will not take, and will not solicit us to take, any action that would violate any anti-boycott or any export or import statutes or regulations of the United States or other governmental authorities, and shall defend and indemnify us for any loss or damage arising out of or related to such actions. 13. GENERAL COMPLIANCE WITH LAWS. In addition to your obligations under Section 12 above, you represent and warrant that, in performing your duties under this Agreement, you will comply with, at your sole expense, all applicable laws and regulations of any governmental authority, including your duties involving any required registrations, requirements as to product contents, packaging and labeling, restraint of trade, consumer laws, data privacy and environmental laws. You have had an opportunity to obtain legal advice regarding, and currently comply with, all applicable legal requirements that prohibit unfair, fraudulent or corrupt business practices, including the U.S. Foreign Corrupt Practices Act (FCPA) as well as U.S. and other legal requirements that are designed to combat terrorism and terrorist activities. In addition, neither you nor any of your equity interest owners, officers or directors are named as a “specially designated national’ or “blocked person” as designated by the United States Department of the Treasury’s Office of Foreign Assets Control under the U.S. PATRIOT Act. 14. INDEMNIFICATION BY YOU. You will indemnify, defend and hold us and our corporate parents and other affiliates and their respective officers, directors, stockholders, members, insurers, attorneys, employees, agents, successors, predecessors, assigns, heirs and personal representatives harmless against any and all liability, claims, suits, actions, losses, liabilities, damages, costs and legal fees arising out of or related to: (i) any conduct of you or any related party as described in Sections 12 or 13 above; or (ii) your breach of any other provision herein. 15. PROPRIETARY INFORMATION: We retain title to all engineering and production prints, drawings, technical data, and other intellectual property, information and documents that relate to the goods and services sold to you. Unless advised by us in writing to the contrary, all such information and documents disclosed or delivered by us to you are to be deemed proprietary to us and shall be used by you solely for the purpose of inspection, installation, and maintenance and not used by you for any other purpose. 16. ARBITRATION: Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The venue for such proceedings shall be St. Cloud, MN. 17. TEXAS WAIVER OF CONSUMER RIGHTS: If you are entitled to its protection, you hereby agree to waive your rights under the Deceptive Trade Practices-Consumer Protection Act, Section 17.41 et seq., Business & Commerce Code, a law that gives consumers special rights and protections. You warrant that, after consultation with an attorney of your own selection, you voluntarily consent to this waiver. 18. APPLICABLE LAW: The rights and duties of the parties shall be governed by the laws of the State of Minnesota. 19. NO OTHER CONTRACT PROVISIONS; OTHER: This is the entire agreement with respect to the products. Terms and conditions of your order shall be without force and effect, except to the extent identical herewith. No dealer, broker, branch manager, agent, employee or representative of ours has any power of authority except to take orders for our products and to submit the same to us, at our factory, for our approval and acceptance on the terms herein or rejection. There are no representations, agreements, obligations, or conditions, expressed or implied, statutory or otherwise, relating to the subject matter hereof, other than herein contained. DeZURIK, Inc. and related terms (we, us and our) shall refer to DeZURIK, Inc. and its affiliates. If any provision hereof is invalid or not enforceable under applicable law, the remaining provisions shall remain in full force and effect. Any assignment of your rights hereunder without our consent (which shall not be unreasonably withheld) shall be void. These Terms shall be binding on your successors and assigns. Our failure to require your performance of any of These Terms shall not serve as a waiver of or diminish our rights to require strict performance of such provision or These Terms.

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EXHIBIT B APPROVED FEE SCHEDULE

gedwards

Text Box



PROPOSAL FORM

PFAS TREATMENT SYSTEM (CIP NO. 50042)

BUTTERFLY VALVES

ITEM

DESCRIPTION

UNIT

ESTIMATED QUANTITY

UNIT PRICES

EXTENDED AMOUNT

1

10” Raw Water Butterfly Valves, V500, Dark Blue,

120 psi Operating Pressure

EA 10

2 10” Finished Water Butterfly Valves, V500,

Dark Blue, 80 psi Operating Pressure

EA 1

3 12” Raw Water Butterfly Valves, V500, Dark Blue,


EA 4

4 16” Raw Water Butterfly Valves, V500, Dark Blue,


EA 3

5 16” Finished Water Butterfly Valves, V500,

Dark Blue, 80 psi Operating Pressure

EA 3

TOTAL: $___________________

NOTE:

• Items may be adjusted or deleted. Any changes to the quantities for these items shall not constitute a substantial change. No adjustment in the unit prices will be allowed. PRWA reserves the right to not use any of the estimated quantities; and if this right is exercised, the Supplier will not be entitled to any additional compensation.

$3,273.00

$3,273.00

$3,736.00

$5,693.00

$5,693.00

$32,730.00

$3,273.00

$14,944.00

$17,079.00

$17,079.00

$85,105.00

ENCLOSURE 2



$5,843,158$14,000,000

Budget Amount$4,802,373$9,197,627

$14,000,000




DescriptionDesign

TOTAL BUDGET:





18b




Subject: APPROVE PURCHASE ORDERS WITH AUTOMATED WATER TREATMENT AND FERGUSON WATER WORKS FOR FISCAL YEAR 2021-22

Recommendation:

1. Approve a purchase order in the amount of $90,000 for the purchase of chlorinedisinfection supplies from Automated Water Treatment; and

2. Approve a purchase order in the amount of $90,000 for the purchase of AutomaticMeter Reading (AMR/AMI) water meters and AMR/AMI registers from FergusonWater Works.

Fiscal Impact:

The fiscal year (FY) 2021-22 adopted budget includes $90,000 for the purchase of chemical supplies under Account No. 550.40.4920-52210 and $90,000 for the purchase of AMR/AMI water meters under Account No. 550.40.4920-53305. No additional funding is required at this time.

Discussion:

The Pico Rivera Water Authority (PRWA) utilizes a variety of water works supplies and parts for the operation, maintenance and repair of the water distribution and supply system. In preparation for the new fiscal year and to comply with the City’s Purchasing policy, staff is requesting the approval of two purchase orders to order materials and supplies.

Automated Water Treatment (AWT) is a sole source provider for the Accu-Tab SI 3” tablets, Accu-Tab granular, Axiall Power Pro, Accu-Tab Chlorinators. They also provide warranty support for PRWA’s PowerPro Chlorination Systems and Accu-Tab Chlorinators in Southern California. PRWA has been using AWT since 2009 to disinfect the water supply.

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PICO RIVERA WATER AUTHORITY – MEETING OF AUGUST 10, 2021 APPROVE PURCHASE ORDERS WITH AUTOMATED WATER TREATMENT AND FERGUSON WATER WORKS FOR FISCAL YEAR 2021-22. Page 2 of 2 PRWA received the following quotes for the purchase of meters:

Description

AMTEC Meter & Controls

Inc.

Neptune Technology

Group

Ferguson Waterworks

5/8” Neptune T-10 Meter, ProCoder R900i, CF w/6 Antenna

$ 271 $ 261 $ 252

1” Neptune T-10 Meter ProCoder R900i, CF w/6 Antenna

$ 359 $ 346 $ 334

1.5” Neptune T-10 Meter ProCoder R900i, CF w/6 Antenna

$ 590 $ 568 $ 550

2” Neptune T-10 Meter ProCoderR900i, CF w/6 Antenna

$ 672 $ 647 $ 628

Neptune ProCoder R900i, CF Retrofit Register (Any Size Meter)

$ 192 $ 185 $ 180

Ferguson Waterworks is the lowest bidder after competitively bidding the goods and services. Conclusion: Approval of the purchase orders for Automated Water Treatment in the amount of $90,000 and Ferguson Waterworks in the amount of $90,000 will facilitate the acquisition of materials and services in an efficient, cost-effective and timely manner. Additionally, both vendors have been providing excellent services and competitive pricing to PRWA. Steve Carmona SC:MH:AR:lg

cayala

Steve Carmona


From: City Manager


Subject: APPROVAL OF A PROPOSED RESOLUTION AUTHORIZING PARTICIPATION IN THE INSTITUTE FOR LOCAL GOVERNMENT’S BEACON PROGRAM

Recommendations:

1. Approve the proposed resolution supporting the City of Pico Rivera’s (City)participation in the Institute for Local Government’s (ILG) Beacon Program; and

2. Authorize the City Manager or his/her authorized designee to accept anyrecognition or honor awards granted through the program.

Fiscal Impact:

There is no fiscal impact to the City as a result of this action. Participation in the Beacon program is designed to complement existing efforts that the City has undertaken to build a more sustainable community. Program participation is voluntary yet beneficial in that it may increase the City’s competitiveness for future state or other grant funding.

Background:

The Institute for Local Government (ILG) was founded in 1955 with a mission to empower local government leaders, provide expertise to navigate complex issues and help build trust with their communities. The ILG is the nonprofit and education affiliate of the League of California Cities, the California State Association of Counties and the California Special Districts Association.

The ILG developed the Beacon Program in 2010 with funding from California utility customers through the Statewide Energy Efficiency Collaborative (SEEC). SEEC was an alliance between three (3) statewide non-profit organizations and four (4) Investor Owned Utilities: the ILG, the International Council for Local Environmental Initiatives (ICLEI), the Local Government Commission (LGC), Pacific Gas and Electric (PG&E), Southern California Edison (SCE), Southern California Gas (SCG) and San Diego Gas and Electric (SDG&E). Even after the SEEC program sunseted in 2020, the ILG remained committed to supporting and recognizing over 160 participating Beacon agencies.

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CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 APPROVAL OF A PROPOSED RESOLUTION AUTHORIZING PARTICIPATION IN THE INSTITUTE FOR LOCAL GOVERNMENT’S BEACON PROGRAM Page 2 of 3 The City of Pico Rivera launched its Community Choice Aggregation Program, Pico Rivera Innovative Municipal Energy (PRIME) in 2017, to provide cleaner energy, offer affordable and competitive rates, establish local control and run targeted customer programs. In addition, the City has also implemented a variety of plans, programs and projects that have helped conserve resources and save its residents money. At this time, the City has no formal way of tracking and showcasing its accomplishments alongside other local agencies. Additionally, the City has made great strides in addressing sustainability including:

• Launched PRIME to procure 50-100% renewable energy for our customers; • Signed a Proclamation with Energy Upgrade California to achieve the goals in

SB350; • Completed the Local Development and Sustainability Business Plan (LDSBP); • Completed the Pico Rivera Streetlight Acquisition and LED Conversion Project; • Signed a Proclamation with earthday.org declaring a climate emergency with a

commitment to integrating climate and environmental justice into all community decision making and reducing carbon emissions 50% by 2035;

• Used reclaimed water on our street medians and at our park sites; • Planted native and drought-tolerant plants; • Operated smart irrigation systems with groundwater sensors; • Installed water bottle refill stations to promote the reduction of single-use water

bottles; and • Performed an energy analysis with SoCalREN to benchmark energy savings

goals and identify necessary energy efficiency upgrades to reduce energy use. Discussion: The Beacon Program provides a framework for local agencies to implement and share best practices that create more vibrant and resilient communities. Participating in the Beacon Award program will provide the City with valuable support and encouragement from ILG to apply sustainability best practices, collect and organize data to advance the City’s achievements and increase the City’s visibility for our efforts to promote sustainability, save energy and reduce greenhouse gas emissions. In addition, the program provides a venue for staff to learn from other local agencies, access technical assistance and grant opportunities. Additionally, the City can earn a Beacon Spotlight Award based on the level of achievements made in the program’s five (5) areas of accomplishment or a Beacon Vanguard Award if participants have demonstrated achievements in all five areas and adopted a climate action plan. In addition to award recognition, participants receive monthly communications about innovative practices, funding opportunities, access to peer-to-peer networking opportunities and invitations to highlight sustainability leadership.

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 APPROVAL OF A PROPOSED RESOLUTION AUTHORIZING PARTICIPATION IN THE INSTITUTE FOR LOCAL GOVERNMENT’S BEACON PROGRAM Page 3 of 3

In order to participate in the Beacon Program, cities and counties must complete a simple application, approve a resolution by the governing body committing the agency to participate in the program, designate a lead staff person as a point of contact and seek to implement energy efficiency or sustainability programs, policies or procedures that achieve measurable greenhouse gas reductions and promote energy conservation activities in the community. Additional detailed information about the program can be found at www.ca-ilg.org/beacon-program. Conclusion: It is recommended that the City Council approve the attached proposed resolution approving participation in the ILG‘s Beacon Program and authorize the City Manager or his/her designee to accept any recognition or honor awards granted through the program. Steve Carmona SC:KM:ac:pg Enclosure: 1) Resolution

http://www.ca-ilg.org/beacon-program

cayala

Steve Carmona

RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO RIVERA, CALIFORNIA, APPROVING PARTICIPATION IN THE INSTITUTE FOR LOCAL GOVERNMENT’S RECOGNITION PROGRAM, THE BEACON PROGRAM

WHEREAS, the City of Pico Rivera is undertaking policies, programs and activities to reduce greenhouse gas emissions and save energy; and

WHEREAS, these policies, programs and activities conserve natural resources, save energy and money, and promote sustainability and resilience; and

WHEREAS, cities and counties statewide are leading by example by adopting innovative sustainability programs and policies, including working with community residents, business groups and others; and

WHEREAS, the City of Pico Rivera has the following existing and planned sustainability activities:

a. Launched Pico Rivera Innovative Municipal Energy (PRIME) to procure 50-100%renewable energy for our customers;

b. Signed a Proclamation with Energy Upgrade California to achieve the goals inSB350;

c. Finished the Local Development and Sustainability Business Plan (LDSBP);d. Completing the Pico Rivera Streetlight Acquisition and LED Conversion Project;e. Signed a Proclamation with earthday.org declaring a climate emergency with a

commitment to integrating climate and environmental justice into all communitydecision making and reducing carbon emissions 50% by 2035;

f. Use reclaimed water on our street medians and at our park sites;g. Planting native and drought-tolerant plants;h. Operate smart irrigation systems with groundwater sensors;i. Changed all facility lights to LED;j. Installations of water fountains that promote reusable water containers;k. Performed an energy analysis with SoCal REN to benchmark energy savings goals,

perform energy efficiency upgrades, and design and implement programs to reduceenergy use; andWHEREAS, the City of Pico Rivera wishes to expand these activities, share its

experiences with other communities, and be recognized for its accomplishments; and WHEREAS, the Beacon Program is a voluntary program of the Institute for Local

Government, the non-profit training and education affiliate of the California State Association of Counties, the League of California Cities and the California Special Districts Association; and

WHEREAS, the Beacon Program recognizes and celebrates achievements of cities and counties that reduce greenhouse gas emissions, save energy, and undertake sustainability and resiliency best practices; and

Enclosure 1

20a


WHEREAS, participating in the Beacon Program is an opportunity for the City of Pico Rivera to be recognized for its efforts to promote sustainability and resiliency, reduce greenhouse gas emissions and save energy.


SECTION 1. that the City of Pico Rivera agrees to participate in the Beacon Program; and be it further.

SECTION 2. that the City of Pico Rivera will work towards achieving Spotlight, Vanguard, and Leadership and Innovation awards. SECTION 3. The City Clerk shall attest to the passage of this resolution and it shall thereupon be in full force and effect.

APPROVED AND PASSED this 10th day of August, 2021. ______________________________

Raul Elias, Mayor ATTEST: APPROVED AS TO FORM: ____________________________ _______________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney



From: City Manager


Subject: DISCUSSION ITEM - CONSIDER THE CONVERSION OF GARAGES TO ALTERNATE USES

Recommendation:

1. Discuss options to allow garages to be converted to a den, game room or similaraccessory structure.

Fiscal Impact:

There is no fiscal impact to the General Fund. However, allowing garages to be utilized for purposes other than parking may increase the need for additional code and parking enforcement for which a fiscal impact cannot be determined at this time.

Background:

At the City Council’s request, staff was asked to provide information on the possible zone code amendment to allow for the conversion of garages to a den, game room or other accessory use. A den, exercise room, or a game room is typically defined as a room utilized for study, work, relaxing, or entertainment. A game room is defined as a recreation room especially one laid out for playing of table games. The conversion of a garage to a den or game room or similar accessory structure is allowed provided that the applicant meets all development standards including setback requirements, building and safety standards, and the garage that is converted is replaced with a two car garage.

Given the age of housing units in the City, a majority of the garages were structurally built and designed exclusively to house vehicles. They were not constructed for habitability or storage within the roof truss system. The majority of the garages in the City are built with simple 2” x 4” light framing, with roof trusses that may not have metal gussets at bearing points to connect the bottom chord, little structural consideration for seismic standards, lacking fire resistive materials, floors that slope toward the street, walls may be out of plumb, and light and ventilation features were not designed for habitation purposes. The Pico Rivera Municipal Code (PRMC) requires that all residential dwelling units have a two-car garage with the exception of Accessory Dwelling Units (ADUs).

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CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 DISCUSSION ITEM - CONSIDER THE CONVERSION OF GARAGES TO ALTERNATE USES Page 2 of 4 In 2017, per State mandate the City amended the zoning code to allow for the conversion of garages to dwelling units or ADUs. To date, this is the only legal means to convert a garage to a use other than a garage without requiring the replacement of a two car garage. In order to combat the housing shortage, the State enacted statutes that preempted local land use regulations requiring cities to ministerially approve second dwelling units on single-family residences. The statutes, which became effective on January 1, 2017 have been coined “Accessory Dwelling Unit” law previously known as “granny flats”. The law relaxed several key requirements to the zoning code including setbacks, parking, unit-size and lot coverage. Since 2017 there have been 221 applications submitted and approximately 36 ADUs constructed. In comparison, between 2014 and 2016, the City averaged an approval of five (5) dwelling units per year. This average varied per year depending on the development of town homes. As such, the ADU law has achieved its intent, to build additional housing. Additionally, staff receives fewer than 10 requests per year from residents inquiring whether the City allows garage conversions for a use other than an ADU or bedroom conversion. Discussion: To reiterate the options that currently exist, the zoning code allows for the conversion of garages to a den, game room and similar accessory structures provided a two car garage is constructed. Secondly, a garage can be converted into an ADU provided they can park one vehicle on a driveway (if the ADU is less than one bedroom), and the ADU may be used as a den, game room or similar accessory structure. Planning, Code Enforcement and Building and Safety Division staff met to discuss the different avenues that could be taken in order to allow the conversion of garages to a den, game room or similar accessory uses. To simplify the discussion, two (2) scenarios were reviewed. Both scenarios trigger varying Building and Safety code issues and Planning Division regulations. The Planning, Code Enforcement and Building and Safety Division comments pertaining to each scenario are summarized below: o Scenario #1: Adopt a policy to allow a garage to be utilized as a den, game room and

accessory structure, but not physically alter the garage in any way. This scenario would not require the construction of a two car garage, but only require two parking spaces be accommodated on a driveway.

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 DISCUSSION ITEM - CONSIDER THE CONVERSION OF GARAGES TO ALTERNATE USES Page 3 of 4

Allowing a garage to be converted to a den, game room or similar accessory structure will provide property owners options that are not currently allowed in the PRMC.

Explicitly allowing a garage to be utilized for purposes other than storage of vehicles may result in an increase of vehicles parked on the street.

- Similar to ADUs, the City can require a minimum of two (2) parking spaces on the driveway provided it meets the minimum dimension of 9’X20’ for each stall.

- Requiring vehicles to be parked on driveways is not enforceable because staff is unable to track the vehicles pertaining to one property.

Explicitly allowing a garage to be utilized for purposes other than the storage of vehicles may potentially trigger garage occupancies and use of the conversions as living units/quarters.

- Deciphering between a den, game room and bedroom from the public right of way will be difficult to distinguish and enforce for the City’s Code Enforcement Division.

With this scenario staff studied prohibiting permanent structures like partitions, e.g. attached lower cabinets, attached gym equipment, spa, sauna, bed, wall-to wall carpet, cooking facilities, such as, stove, oven, and non-portable appliances.

With this scenario staff discussed the merits of allowing only mobile type items to be within the garage, e.g. furniture, pool-table, stationary exercise bike, portable gym equipment, area rugs, T.V.’s music electronics, portable bars, and other items that can be easily removed.

Building and safety concerns for this scenario include the use of garages that were not constructed with seismic resistance, fire resistant construction, heat and cold weather insulation, level floors, and carbon monoxide/smoke detection devices.

o Scenario #2: Amend the zoning code to allow a garage to be utilized as a den, game

room and accessory structure and allow it to be physically altered by including drywall, lighting, ventilation, floor is levelled, walls are not out of plumb, closing off the garage door, and not require a two-car garage only require two parking spaces are available on the driveway.

Allowing a garage to be converted to a den or game room will provide property

owners options that are not currently allowed in the PRMC. Explicitly allowing a garage to be physically converted into a “room” utilized for

purposes other than vehicles, may cause more vehicles to be parked on the street. - Similar to ADUs, the City can require a minimum of two (2) parking

spaces on the driveway provided it meets the minimum dimension of 9’X20’.

- Requiring vehicles to be parked on driveways is not enforceable because staff is unable to track vehicles pertaining to one property.

Explicitly allowing a garage to be physically converted into a “room” utilized for other purposes than vehicles may potentially trigger illegal garage conversions.

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 DISCUSSION ITEM - CONSIDER THE CONVERSION OF GARAGES TO ALTERNATE USES Page 4 of 4

- Deciphering between a den, game room and bedroom may be difficult to distinguish and enforce for the City’s Code Enforcement Division.

Explicitly allowing a garage to be converted into a “room” will require minimum building standards which can positively enhance the property such as carbon/smoke detectors, energy requirements, light and ventilation or may possible require A/C and Heat.

- However, if illegally used for habitable purposes, this may pose liability to the City because garages were not constructed for such use.

Explicitly allowing a garage to be physically converted into a “room” is considered a “change of use,” which would require the garage structure to comply with current California Building Code requirements.

Since many of the garages in the City were not built for occupancy they do not meet typical California Building Code requirements. Staff reviewed vital alterations that would address building and safety issues such as increased structural supports for seismic resistance, installation of fire retardation materials and construction methods, improved energy efficiency such as insulation and ventilation upgrades, the levelling of floors, and the placement of carbon monoxide/smoke detectors.

The PRMC currently allows a garage to be converted into a den or game room provided a two car garage can be constructed. The PRMC also allows the conversion of garage to an ADU provided the ADU meets the California Building Code requirements and that one parking space can be accommodated on the property depending on the number of bedrooms. In summary, Scenario #1 would allow for the garage to be used as a den, game room or a similar accessory structure without physically altering the garage as long as two parking spaces can be accommodated on the driveway. Scenario #2, explored the possibility of allowing the conversion of the garage by physically altering the structure and also requiring two parking spaces on the driveway. Staff has concerns that both scenarios would trigger building and safety issues, and concerns with illegal occupancy. Conclusion: Staff recommends the City Council discuss the options provided to allow garages to be converted to a den, game room or similar accessory structure. Steve Carmona SC:MG:JG:jj

cayala

Steve Carmona


From: City Manager and City Attorney


Subject: TERM LIMITS FOR CITY COUNCIL

Recommendation:

Provide direction to the City Manager and City Attorney to:

1. Draft an initiative and ordinance to be presented to the voters to establish term limitsfor members of the City Council; or

2. Defer action on the issue to a later date; or

3. Take no further action.

Fiscal Impact:

If the City Council directs to place this matter before the voters at a future election, the City would incur additional costs if placed before the voters at the next regular General Municipal Election (November 2022) or at the State General Primary Election (June 2022).

Background:

California Government Code §36502(b) states (in part), “the city council of a general law or charter city may adopt or the residents of the city may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the city council may serve on the City Council[….] Any proposal to limit the number of terms a member of the City Council may serve on the City Council[…]shall apply prospectively only and shall not become operative unless it is submitted to the electors of the city at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal”.

Discussion:

In general, “term limits” are understood to mean a limit on the duration an individual can serve in a particular elected office. Term limits are imposed for a variety of reasons. Most commonly it is enacted to even out a playing field and to provide an opportunity for others

22

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 TERM LIMITS FOR CITY COUNCIL Page 2 of 2 to serve. If the City Council wishes to place before the voters a term limit initiative, it may do so at a regularly scheduled election and if a majority of the votes cast support the term limit initiative, it would apply prospectively. Cities have generally imposed two, three or four year limits for their individual four year terms. If the direction of the City Council is to place before the voters the question of term limits, there would be time to craft the term limit ordinance and initiative prior to the next election. Conclusion: Direction is requested on whether the City Council wishes to explore placing a term limit measure before the electorate, to defer action to a later date or take no action. Steve Carmona Arnold M. Alvarez-Glasman SC:AMAG

cayala

Steve Carmona


From: City Manager


Subject: SMITH PARK AQUATIC CENTER POOL PROJECT STATUS UPDATE

Recommendation:

1. Receive and file.

Fiscal Impact:

There is no fiscal impact associated with this agenda item.

Background:

The Smith Park Aquatic Center was constructed in 1981 and includes an Olympic size pool, two locker rooms, a staff office, a pump room where the water systems associated with pool filtration and heating reside, and a chemical room. Typically, pools of this size require annual specialized maintenance, and major repairs to the infrastructure or replacements of large equipment every 10 to 15 years. The Smith Park Aquatic Center is 40 years old and to date has had the chemical system replaced approximately five years ago and re-plastering of the pool vessel in 2001, but minimal other repairs since opening. Thus, there are currently several issues that have led to it being closed for public use as sequenced below:

Fall 2019 – two boilers no longer able to adequately heat the pool water Spring/Summer 2020 – pool closed due to Covid-19 pandemic Early 2021 – one of the two pool pumps fails and is unrepairable, the

remaining pump begins to falter leading to inadequate water turn-over Summer 2021 – pool remains closed due to continued issues with heating,

water chemistry, pool water turn-over capacity, and inability to meet LosAngeles County Department of Public Health regulations

Normally, pool programming and public use occurs annually from May through August. The pool is typically closed from September through April. During an average summer season approximately 1,500 youth swim lessons are given, 1,200 patrons attend three

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CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 SMITH PARK AQUATIC CENTER RENOVATION STATUS Page 2 of 3 nighttime pool events, and roughly 10,000 people partake in our open recreation swim program. Discussion: Staff recently became aware, and were able to document, a significant amount of water loss from the pool; approximately 2.5 inches of surface water per day. However, the source of the leak is elusive, and it is unknown where it is leaking into. Leaks of this nature can compromise the pool’s structural integrity. Accordingly, this is of great concern and must be addressed prior to any boiler or pump replacements. Therefore, staff have hired an aquatics consultant, specialized in aquatic architecture, design, and engineering, to provide a comprehensive assessment of pool conditions so the full extent of necessary renovations is known prior to bringing this item back before Council. The assessment is anticipated to be completed by the end of September and will include:

Evaluation of the pool vessel, deck, and mechanical and chemical systems, as well as provide lifecycle analysis for each;

Identify current pool conditions, site code violations, and safety concerns; Identify and summarize findings for water leaks in the pool, decking, and

equipment; Prepare a detailed prioritized assessment including recommendations to mitigate

any findings with the goal to repair or renovate the pool for safe public use; and Prepare three options for mitigation, and probable cost estimates for each:

1) Renovation of existing pool; 2) Removal and replacement of existing pool; and 3) Removal and replacement of pool with enhanced features.

Dependent upon findings, repairs may take several months up to a year or more, and are subject to funding. Initially staff applied for and were awarded $410,566, in Los Angeles County (LA County) Measure A funding to replace both boilers in February 2021. This same month, the pool’s pumps began to fail. When staff requested increased Measure A funding to replace the pumps they were denied because LA County was in process of revising Measure A guidelines due to litigation and audit findings from the State of California. Due to these events, staff is bringing a new resolution allowing the City to apply for and receive funding under the new Measure A guidelines. Staff will re-apply for increased Measure A monies and an updated scope of work to include the mitigation of other pool issues. However, staff is choosing to wait to apply for increased Measure A funding until the next installment of annual allocations is given in September 2021. By waiting for this next installment, the City will be able to request an estimated $796,243 in funding as opposed to the previous $410,566.

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 SMITH PARK AQUATIC CENTER RENOVATION STATUS Page 3 of 3 In addition, staff have applied for and received $84,000 of Local Specialized grant funds from the State of California to go towards the repair issues related to the pool’s heaters. An application was also submitted to receive $8.5 million dollars in State of California Development and Community Revitalization Program grant funds to address needed repairs, provide for ADA compliance, and afford modernization of all aquatic facilities. Though awards were supposed to be made by June 2021, the State of California received more applicants than expected which delayed announcements by several months. Staff now anticipates award announcements to be made in late September or early October of this year. Conclusion: In an effort to ensure our public’s safety, the pool will remain closed until the results of the pool assessment are presented to City Council for review and discussion. Any future action items will need to consider available funding and the priority of those funds against the City’s many unfunded needs. Staff will continue to apply for increased grant funding to offset project costs and hopes to be awarded the $8.5 million in State of CA grant funding. If these funding opportunities are not realized staff will recommend utilization of American Recovery Act or General Fund monies to complete necessary repairs. Steve Carmona SC:PY:kt:ra

cayala

Steve Carmona



Subject: AMERICAN RESCUE PLAN ACT (ARPA) INITIAL FUNDINGAND INTERIM REPORTING

Recommendation:

1. Receive and file the discussion on initial funding and interim reporting.

Fiscal Impact:

There is no fiscal impact related to this reporting. The $14,772,455 in local stimulus hasbeen properly recorded in the Fiscal Year (FY) 2021-22 Adopted Budget.

Background:

The American Rescue Plan Act of 2021 (ARPA) is a $1.9 trillion economic stimulus billsigned into law by the President on March 11, 2021. Within the ARPA total allocation is$350 billion for state, local, territorial, and Tribal governments to respond to theCoronavirus Disease 2019 (COVID- 19) emergency. The City of Pico Rivera's (City)allocation of direct local stimulus is $14,772,455 with the first 50% allocation having beenpaid to the City in June 2021 and the balance anticipated to be paid in June 2022.

The ARPA itself is very broad in nature with a focus on four (4) key program areas:

1. Respond to the public health emergency or its negative economic impacts;2. Respond to workers performing essential work during COVID-19;3. For the provision of government service to the extent of a reduction in revenue due

to COVID-19; and4. Necessary investments in water, sewer or broadband infrastructure.

Additionally, the ARPA specifically prohibited the deposit of any ARPA funds towardspension liabilities, making debt service payments or contributions to fiscal reserves.

The use of ARPA funds is retroactive to March 3, 2021 and all funds must be obligatedby December 31, 2024, as long as the award funds for the obligations are expended byDecember 31, 2026. A time period covering almost four (4) years is designed to provideprolonged support and recovery with the understanding that the recovery from COVID-

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CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 AMERICAN RESCUE PLAN ACT (ARPA) INITIAL FUNDING AND INTERIM REPORTING Page 2 of 4 19 will take years. Therefore, building a spending plan is important to maximize impact to the city and community over time. The below recommendation to obligate all the ‘General Revenue Loss’ funds to the public health response (Los Angeles County Sheriff Contract) and revenue reduction categories is intended as an initial step for required quarterly reporting; however, the City Council may adjust the obligation categories over time to any of the allowable uses. Any funds not used must be returned to the U.S. Treasury. Discussion: On June 27th, 2021, the U.S. Department of Treasury issued the Compliance and Reporting Guidance for State and Local Fiscal Recovery Funds, which include reporting requirements for the ARPA funds (Enclosure 1). Per this guidance, recipients are required to submit a one-time interim report with expenditures by Expenditure Category from the date of award to July 31, 2021. Additionally, we are also required to report the City’s calculated revenue loss, as well as an explanation of how revenue replacement funds were allocated to government services. This interim report must be submitted by August 31, 2021. The City does not need to finalize the allocation of the full $14,772,455, just submit the revenue loss calculations and what they were or will be used for. Additionally, any revisions to either revenue loss calculations or general service expenditures can be submitted in subsequent reporting. This will allow the City time to conduct study sessions to strategize the best use of these one-time funds. Consistent with the broad latitude provided to recipients to use funds for government services to the extent of a reduction in revenue, recipients will be required to submit a description of services provided. This description may be in narrative or in another form, and, as discussed in the Interim Final Rule (Enclosure 2), these services can include a broad range of services but may not be used directly for pension deposits or debt service. This report outlines some immediate recommendations for appropriations along with some categorical ideas for future appropriations that will be brought forward in the coming months. In developing recommendations, particularly for immediate appropriations, staff has focused on actions that would off-set COVID-19 related revenue losses and/or free-up limited resources to further previously adopted projects and priorities. In some cases, as it relates to future possible appropriations, consideration has been given to meeting important community needs, as identified within the set of City Council Priorities. Additionally, as ARPA funding is one-time funding, limited in duration, proposals that would establish new, ongoing programs that would necessitate continued support by the General Fund are generally not being proposed. Recommendation for Appropriations at this time: General Revenue Loss – Recipients may use payments from the Fiscal Recovery Funds for the provision of government services to the extent of the reduction in revenue

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 AMERICAN RESCUE PLAN ACT (ARPA) INITIAL FUNDING AND INTERIM REPORTING Page 3 of 4 experienced due to the COVID-19 public health emergency. The Administrative Services Department calculated this revenue loss, in accordance with ARPA guidance, to be approximately $10,227,800. Sections 602(c)(1)(C) and 603(c)(1)(C) of the Act provide recipients with broad latitude to use the Fiscal Recovery Funds for the provision of government services. Government services can include, but are not limited to:

1. Maintenance or pay-go funded building123 of infrastructure, including roads; 2. Modernization of cybersecurity, including hardware, software, and protection of

critical infrastructure; 3. Health services; 4. Environmental remediation; 5. School or educational services; and 6. The provision of Police, Fire, and other public safety services.

Due to the short timeframe to report, staff recommends submitting the City’s Interim Report to include the $10,227,800 to offset law enforcement operating expenses. This is an eligible expense under the revenue reduction category of ARPA, as it is included in the “Provision for Government Services” category. While this is the recommended expense to be reported in the Interim Report, there is an opportunity to submit a revised list of uses for this Revenue Loss at a later date. This provides opportunity for City Council prioritization of unfunded needs falling within the government services category. According to the guidance (Enclosure 1, p. 13), additional instructions and/or templates will be provided in an upcoming users’ guide. As of the date of this report, no such guide has been released. The remaining funds of approximately $4,544,655 could be appropriated to be expended within the allowable categories noted on p. 2 of the report, including investment in water, sewer, or broadband infrastructure. Over the last 12 months, staff has continued to make progress in building the Long-Term Strategic Plan, which includes identifying unfunded needs. These previously identified needs, as well as others that have surfaced since then, will be presented to the City Council at a future meeting for discussion and recommendation. It is anticipated that the initial discussions can commence in September, with a final list to be completed by the end of the calendar year. It is important to note that all of the current and future appropriation items are based on the Interim Guidance provided by the U.S. Treasury Department and that guidance is expected to be refined over the coming months. While staff does not expect the guidance to become more restrictive, there has been a strong push by officials at all levels for less restriction, primarily in the areas of debt service and fiscal reserves.

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2021 AMERICAN RESCUE PLAN ACT (ARPA) INITIAL FUNDING AND INTERIM REPORTING Page 4 of 4 Conclusion: City staff will be submitting the Interim Report to the U.S. Treasury Department on or

before August 31, 2021, as required. Additionally, the City will hold future study sessions to allocate the ARPA funds for projects/services that align with City Council Priorities set forth below:

• Fiscal and Organizational Stability • Economic Development • A dedication to Infrastructure • Land Use • Public Safety

Considering its limited duration, it is further recommended that ARPA funds strictly be used support one-time, existing expenditures or unfunded infrastructure needs. Steve Carmona SC:AG:JG:ep Enclosures: 1) U.S. Department of the Treasury State and Local Fiscal Recovery

Funds Compliance and Reporting Guide 2) U.S. Department of the Treasury Coronavirus State and Local Fiscal

Recovery Funds Interim Final Rule (31 CFR Part 35)

cayala

Steve Carmona

June 24, 2021

Version: 1.1

Enclosure 1

24a

Coronavirus State and Local Fiscal Recovery Funds

Compliance and Reporting Guidance

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Coronavirus State and Local Fiscal Recovery Funds Guidance on Recipient Compliance and Reporting

Responsibilities On March 11, 2021, the American Rescue Plan Act was signed into law, and established the Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Funds, which together make up the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) program. This program is intended to provide support to State, territorial, local, and Tribal governments in responding to the economic and public health impacts of COVID-19 and in their efforts to contain impacts on their communities, residents, and businesses. This guidance provides additional detail and clarification for each recipient’s compliance and reporting responsibilities under the SLFRF program, and should be read in concert with the Award Terms and Conditions, the authorizing statute, the SLFRF implementing regulation, and other regulatory and statutory requirements, including regulatory requirements under the Uniform Guidance (2 CRF Part 200). Please see the Assistance Listing in SAM.gov under assistance listing number (formerly known as CFDA number), 21.027 for more information. Please Note: This guidance document applies to the SLFRF program only and does not change nor impact reporting and compliance requirements for the Coronavirus Relief Fund (“CRF”) established by the CARES Act. This guidance includes two parts: Part 1: General Guidance

This section provides an orientation to recipients’ compliance responsibilities and the U.S. Department of the Treasury’s (“Treasury”) expectations and recommends best practices where appropriate under the SLFRF Program.

A. Key Principles……………………..……………………………………………………. P. 3 B. Statutory Eligible Uses…………………………………………………………………. P. 3 C. Treasury’s Rulemaking……………………………………………………….………… P. 4 D. Uniform Guidance (2 CFR Part 200)……………..…………………………………… P. 6 E. Award Terms and Conditions………………………………...………………………...

P. 10

Part 2: Reporting Requirements

This section provides information on the reporting requirements for the SLFRF program. A. Interim Report…...…………………………………………………………………...…. P. 13 B. Project and Expenditure Report…………….…………………………………...……. P. 15 C. Recovery Plan Performance Report..………………..……………………….….…… P. 23

Appendix 1: Expenditure Categories…………………………………………………….…… P. 31 Appendix 2: Evidenced-Based Intervention Additional Information…………………….…. P. 33

https://www.govinfo.gov/content/pkg/FR-2021-05-17/pdf/2021-10283.pdf

https://ecfr.federalregister.gov/current/title-2/subtitle-A

https://ecfr.federalregister.gov/current/title-2/subtitle-A

https://sam.gov/fal/7cecfdef62dc42729a3fdcd449bd62b8/view



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Part 1: General Guidance This section provides an orientation on recipients’ compliance responsibilities and Treasury’s expectations and recommended best practices where appropriate under the SLFRF program. Recipients under the SLFRF program are the eligible entities identified in sections 602 and 603 of the Social Security Act as added by section 9901 of the American Rescue Plan Act of 2021 (the “SLFRF statute”) that receive a SLFRF award. Subrecipients under the SLFRF program are entities that receive a subaward from a recipient to carry out the purposes (program or project) of the SLFRF award on behalf of the recipient. Recipients are accountable to Treasury for oversight of their subrecipients, including ensuring their subrecipients comply with the SLFRF statute, SLFRF Award Terms and Conditions, Treasury’s Interim Final Rule, and reporting requirements, as applicable. A. Key Principles

There are several guiding principles for developing your own effective compliance regimes:

• Recipients and subrecipients are the first line of defense, and responsible for ensuring the SLFRF award funds are not used for ineligible purposes, and there is no fraud, waste, and abuse associated with their SLFRF award;

• Many SLFRF-funded projects respond to the COVID-19 public health emergency and meet urgent community needs. Swift and effective implementation is vital, and recipients must balance facilitating simple and rapid program access widely across the community and maintaining a robust documentation and compliance regime;

• SLFRF-funded projects should advance shared interests and promote equitable delivery of government benefits and opportunities to underserved communities, as outlined in Executive Order 13985, On Advancing Racial Equity and Support for Underserved Communities Through the Federal Government; and

• Transparency and public accountability for SLFRF award funds and use of such funds are critical to upholding program integrity and trust in all levels of government, and SLFRF award funds should be managed consistent with Administration guidance per Memorandum M-21-20 and Memorandum M-20-21.

B. Statutory Eligible Uses

As a recipient of an SLFRF award, your organization has substantial discretion to use the award funds in the ways that best suit the needs of your constituents – as long as such use fits into one of the following four statutory categories: 1. To respond to the COVID-19 public health emergency or its negative economic impacts; 2. To respond to workers performing essential work during the COVID-19 public health

emergency by providing premium pay to such eligible workers of the recipient, or by providing grants to eligible employers that have eligible workers who performed essential work;

3. For the provision of government services, to the extent of the reduction in revenue of such recipient due to the COVID–19 public health emergency, relative to revenues collected in the most recent full fiscal year of the recipient prior to the emergency; and

4. To make necessary investments in water, sewer, or broadband infrastructure.

https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/


https://www.whitehouse.gov/wp-content/uploads/2021/03/M_21_20.pdf

https://www.whitehouse.gov/wp-content/uploads/2020/04/Implementation-Guidance-for-Supplemental-Funding-Provided-in-Response.pdf



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Treasury adopted an Interim Final Rule to implement these eligible use categories and other restrictions on the use of funds under the SLFRF program.1 It is the recipient’s responsibility to ensure all SLFRF award funds are used in compliance with these requirements. In addition, recipients should be mindful of any additional compliance obligations that may apply – for example, additional restrictions imposed upon other sources of funds used in conjunction with SLFRF award funds, or statutes and regulations that may independently apply to water, broadband, and sewer infrastructure projects. Recipients should ensure they maintain proper documentation supporting determinations of costs and applicable compliance requirements, and how they have been satisfied as part of their award management, internal controls, and subrecipient oversight and management. C. Treasury’s Rule

Treasury’s Interim Final Rule details recipients’ compliance responsibilities and provides additional information on eligible and restricted uses of SLFRF award funds and reporting requirements. Your organization should review and comply with the information contained in Treasury’s Interim Final Rule, and any subsequent final rule when building appropriate controls for SLFRF award funds. 1. Eligible and Restricted Uses of SLFRF Funds. As described in the SLFRF statute and

summarized above, there are four enumerated eligible uses of SLFRF award funds. As a recipient of an award under the SLFRF program, your organization is responsible for complying with requirements for the use of funds. In addition to determining a given project’s eligibility, recipients are also responsible for determining subrecipient’s or beneficiaries’ eligibility and must monitor use of SLFRF award funds. To help recipients build a greater understanding of eligible uses, Treasury’s Interim Final Rule establishes a framework for determining whether a specific project would be eligible under the SLFRF program, including some helpful definitions. For example, Treasury’s Interim Final Rule establishes:

• A framework for determining whether a project “responds to” a “negative economic impact” caused by the COVID-19 public health emergency;

• Definitions of “eligible employers”, “essential work,” “eligible workers”, and “premium pay” for cases where premium pay is an eligible use;

• A definition of “general revenue” and a formula for calculating revenue lost due to the COVID-19 public health emergency;

• A framework for eligible water and sewer infrastructure projects that aligns eligible uses with projects that are eligible under the Environmental Protection Agency’s Drinking Water and Clean Water State Revolving Funds; and

• A framework for eligible broadband projects designed to provide service to unserved or underserved households, or businesses at speeds sufficient to enable users to generally meet household needs, including the ability to support the simultaneous use of work, education, and health applications, and also sufficiently robust to meet increasing household demands for bandwidth.

Treasury’s Interim Final Rule also provides more information on four important restrictions on use of SLFRF award funds: recipients may not deposit SLFRF funds into a pension fund; recipients that are States or territories may not use SLFRF funds to offset a reduction in net tax revenue caused by the recipient’s change in law, regulation, or administrative

1 Treasury’s Interim Final Rule is effective as of May 17, 2021, and public comments are due July 16, 2021. This guidance may be clarified consistent with the final rule. https://www.govinfo.gov/content/pkg/FR-2021-05-17/pdf/2021-10283.pdf






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interpretation; and, recipients may not use SLFRF funds as non-Federal match where prohibited. In addition, the Interim Final Rule clarifies certain uses of SLFRF funds outside the scope of eligible uses, including that recipients generally may not use SLFRF funds directly to service debt, satisfy a judgment or settlement, or contribute to a “rainy day” fund. Recipients should refer to Treasury’s Interim Final Rule for more information on these restrictions.

2. Eligible Costs Timeframe. Your organization, as a recipient of an SLFRF award, may use SLFRF funds to cover eligible costs that your organization incurred during the period that begins on March 3, 2021 and ends on December 31, 2024, as long as the award funds for the obligations incurred by December 31, 2024 are expended by December 31, 2026. Costs for projects incurred by the recipient State, territorial, local, or Tribal government prior to March 3, 2021 are not eligible, as provided for in Treasury’s Interim Final Rule. Recipients may use SLFRF award funds to provide assistance to households, businesses, and individuals within the eligible use categories described in Treasury’s Interim Final Rule for costs that those households, businesses and individuals incurred prior to March 3, 2021. For example, a. Public Health/Negative Economic Impacts: Recipients may use SLFRF award funds

to provide assistance to households – such as rent, mortgage, or utility assistance – for costs incurred by the household prior to March 3, 2021, provided that the recipient State, territorial, local or Tribal government did not incur the cost of providing such assistance prior to March 3, 2021.

b. Premium Pay: Recipients may provide premium pay retrospectively for work performed at any time since the start of the COVID-19 public health emergency. Such premium pay must be “in addition to” wages and remuneration already received and the obligation to provide such pay must not have been incurred by the recipient prior to March 3, 2021.

c. Revenue Loss: Treasury’s Interim Final Rule gives recipients broad latitude to use funds for the provision of government services to the extent of reduction in revenue. While calculation of lost revenue begins with the recipient’s revenue in the last full fiscal year prior to the COVID-19 public health emergency and includes the 12-month period ending December 31, 2020, use of funds for government services must be forward looking for costs incurred by the recipient after March 3, 2021.

d. Investments in Water, Sewer, and Broadband: Recipients may use SLFRF award funds to make necessary investments in water, sewer, and broadband. Recipients may use SLFRF award funds to cover costs incurred for eligible projects planned or started prior to March 3, 2021, provided that the project costs covered by the SLFRF award funds were incurred after March 3, 2021.

Any funds not obligated or expended for eligible uses by the timelines above must be returned to Treasury, including any unobligated or unexpended funds that have been provided to subrecipients and contractors. For the purposes of determining expenditure eligibility, Treasury’s Interim Final Rule provides that “incurred” has the same meaning given to “financial obligation” in 2 CFR § 200.1.

3. Reporting. Generally, recipients must submit one initial interim report, quarterly or annual Project and Expenditure reports which include subaward reporting, and in some cases annual Recovery Plan reports. Treasury’s Interim Final Rule and Part 2 of this guidance provide more detail around SLFRF reporting requirements.



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D. Uniform Administrative Requirements

The SLFRF awards are generally subject to the requirements set forth in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200 (the “Uniform Guidance”). In all instances, your organization should review the Uniform Guidance requirements applicable to your organization’s use of SLFRF funds, and SLFRF-funded projects. Recipients should consider how and whether certain aspects of the Uniform Guidance apply. The following sections provide a general summary of your organization’s compliance responsibilities under applicable statutes and regulations, including the Uniform Guidance, as described in the 2020 OMB Compliance Supplement Part 3. Compliance Requirements (issued August 18, 2020). Note that the descriptions below are only general summaries and all recipients and subrecipients are advised to carefully review the Uniform Guidance requirements and any additional regulatory and statutory requirements applicable to the program. 1. Allowable Activities. Each recipient should review program requirements, including

Treasury’s Interim Final Rule and the recipient’s Award Terms and Conditions, to determine and record eligible uses of SLFRF funds. Per 2 CFR 200.303, your organization must develop and implement effective internal controls to ensure that funding decisions under the SLFRF award constitute eligible uses of funds, and document determinations.

2. Allowable Costs/Cost Principles. As outlined in the Uniform Guidance at 2 CFR Part 200, Subpart E regarding Cost Principles, allowable costs are based on the premise that a recipient is responsible for the effective administration of Federal awards, application of sound management practices, and administration of Federal funds in a manner consistent with the program objectives and terms and conditions of the award. Recipients must implement robust internal controls and effective monitoring to ensure compliance with the Cost Principles, which are important for building trust and accountability.

Assistance Listing The Assistance Listing for the Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) was published May 28, 2021 on SAM.gov under Assistance Listing Number (“ALN”), formerly known as CFDA Number, 21.027.

The assistance listing includes helpful information including program purpose, statutory authority, eligibility requirements, and compliance requirements for recipients. The ALN is the unique 5-digit number assigned to identify a federal assistance listing, and can be used to search for federal assistance program information, including funding opportunities, spending on USASpending.gov, or audit results through the Federal Audit Clearinghouse.

To expedite payments and meet statutory timelines Treasury issued initial payments under an existing ALN, 21.019, assigned to the CRF. If you have already received funds or captured the initial number in your records, please update your systems and reporting to reflect the new ALN 21.027 for the SLFRF program. Recipients must use ALN 21.027 for all financial accounting, subawards, and associated program reporting requirements for the SLFRF awards.

https://ecfr.federalregister.gov/current/title-2/subtitle-A/chapter-II/part-200

https://ecfr.federalregister.gov/current/title-2/subtitle-A/chapter-II/part-200

https://www.whitehouse.gov/wp-content/uploads/2020/08/2020-Compliance-Supplement_FINAL_08.06.20.pdf

https://www.whitehouse.gov/wp-content/uploads/2020/08/2020-Compliance-Supplement_FINAL_08.06.20.pdf

https://sam.gov/fal/7cecfdef62dc42729a3fdcd449bd62b8/view



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SLFRF Funds may be, but are not required to be, used along with other funding sources for a given project. Note that SLFRF Funds may not be used for a non-Federal cost share or match where prohibited by other Federal programs, e.g., funds may not be used for the State share for Medicaid.2 Treasury’s Interim Final Rule and guidance and the Uniform Guidance outline the types of costs that are allowable, including certain audit costs. For example, per 2 CFR 200.425, a reasonably proportionate share of the costs of audits required by the Single Audit Act Amendments of 1996 are allowable; however, costs for audits that were not performed, or not in accordance with 2 CFR Part 200, Subpart F are not allowable. Please see 2 CFR Part 200, Subpart E regarding the Cost Principles for more information.

a. Administrative costs: Recipients may use funds for administering the SLFRF

program, including costs of consultants to support effective management and oversight, including consultation for ensuring compliance with legal, regulatory, and other requirements.3 Further, costs must be reasonable and allocable as outlined in 2 CFR 200.404 and 2 CFR 200.405. Pursuant to the SLFRF Award Terms and Conditions, recipients are permitted to charge both direct and indirect costs to their SLFRF award as administrative costs. Direct costs are those that are identified specifically as costs of implementing the SLFRF program objectives, such as contract support, materials, and supplies for a project. Indirect costs are general overhead costs of an organization where a portion of such costs are allocable to the SLFRF award such as the cost of facilities or administrative functions like a director’s office.45 Each category of cost should be treated consistently in like circumstances as direct or indirect, and recipients may not charge the same administrative costs to both direct and indirect cost categories, or to other programs. If a recipient has a current Negotiated Indirect Costs Rate Agreement (NICRA) established with a Federal cognizant agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals, then the recipient may use its current NICRA. Alternatively, if the recipient does not have a NICRA, the recipient may elect to use the de minimis rate of 10 percent of the modified total direct costs pursuant to 2 CFR 200.414(f).

b. Salaries and Expenses: In general, certain employees’ wages, salaries, and covered benefits are an eligible use of SLFRF award funds. Please see Treasury’s Interim Final Rule for details.

3. Cash Management. SLFRF payments made to recipients are not subject to the requirements of the Cash Management Improvement Act and Treasury’s implementing regulations at 31 CFR part 205 or 2 CFR 200.305(b)(8)-(9).

As such, recipients can place funds in interest-bearing accounts, do not need to remit interest to Treasury, and are not limited to using that interest for eligible uses under the SLFRF award.

4. Eligibility. Under this program, recipients are responsible for ensuring funds are used for

eligible purposes. Generally, recipients must develop and implement policies and procedures, and record retention, to determine and monitor implementation of criteria for

2 See 42 CFR 433.51 and 45 CFR 75.306. 3 Recipients also may use SLFRF funds directly for administrative costs to improve efficacy of programs that respond to the COVID-19 public health emergency. 31 CFR 35.6(b)(10). 4 2 CFR 200.413 Direct Costs. 5 2 CFR 200.414 Indirect Costs.



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determining the eligibility of beneficiaries and/or subrecipients. Your organization, and if applicable, the subrecipient(s) administering a program on behalf of your organization, will need to maintain procedures for obtaining information evidencing a given beneficiary, subrecipient, or contractor’s eligibility including a valid SAM.gov registration. Implementing risk-based due diligence for eligibility determinations is a best practice to augment your organization’s existing controls.

5. Equipment and Real Property Management. Any purchase of equipment or real

property with SLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose. Consistent with 2 CFR 200.311 and 2 CFR 200.313, any equipment or real property acquired using SLFRF funds shall vest in the non-Federal entity. Any acquisition and maintenance of equipment or real property must also be in compliance with relevant laws and regulations.

6. Matching, Level of Effort, Earmarking. There are no matching, level of effort, or

earmarking compliance responsibilities associated with the SLFRF award. SLFRF funds may only be used for non-Federal match in other programs where costs are eligible under both SLFRF and the other program and use of such funds is not prohibited by the other program.

7. Period of Performance. Your organization should also develop and implement internal

controls related to activities occurring outside the period of performance. For example, each recipient should articulate each project’s policy on allowability of costs incurred prior to award or start of the period of performance. All funds remain subject to statutory requirements that they must be used for costs incurred by the recipient during the period that begins on March 3, 2021, and ends on December 31, 2024, and that award funds for the financial obligations incurred by December 31, 2024 must be expended by December 31, 2026. Any funds not used must be returned to Treasury.

8. Procurement, Suspension & Debarment. Recipients are responsible for ensuring that

any procurement using SLFRF funds, or payments under procurement contracts using such funds are consistent with the procurement standards set forth in the Uniform Guidance at 2 CFR 200.317 through 2 CFR 200.327, as applicable. The Uniform Guidance establishes in 2 CFR 200.319 that all procurement transactions for property or services must be conducted in a manner providing full and open competition, consistent with standards outlined in 2 CFR 200.320, which allows for non-competitive procurements only in circumstances where at least one of the conditions below is true: the item is below the micro-purchase threshold; the item is only available from a single source; the public exigency or emergency will not permit a delay from publicizing a competitive solicitation; or after solicitation of a number of sources, competition is determined inadequate.6 Recipients must have and use documented procurement procedures that are consistent with the standards outlined in 2 CFR 200.317 through 2 CFR 200.320. The Uniform Guidance requires an infrastructure for competitive bidding and contractor oversight, including maintaining written standards of conduct and prohibitions on dealing with suspended or debarred parties. Your organization must ensure adherence to all applicable local, State, and federal procurement laws and regulations.

9. Program Income. Generally, program income includes, but is not limited to, income from

fees for services performed, the use or rental or real or personal property acquired under Federal awards and principal and interest on loans made with Federal award funds. Program income does not include interest earned on advances of Federal funds, rebates, credits, discounts, or interest on rebates, credits, or discounts. Recipients of SLFRF funds

6 2 CFR 200.320(c)(1)-(3) and (5)



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should calculate, document, and record the organization’s program income. Additional controls that your organization should implement include written policies that explicitly identify appropriate allocation methods, accounting standards and principles, compliance monitoring checks for program income calculations, and records.

The Uniform Guidance outlines the requirements that pertain to program income at 2 CFR 200.307. Treasury intends to provide additional guidance regarding program income and the application of 2 CFR 200.307(e)(1), including with respect to lending programs.

10. Reporting. All recipients of federal funds must complete financial, performance, and

compliance reporting as required and outlined in Part 2 of this guidance. Expenditures may be reported on a cash or accrual basis, as long as the methodology is disclosed and consistently applied. Reporting must be consistent with the definition of expenditures pursuant to 2 CFR 200.1. Your organization should appropriately maintain accounting records for compiling and reporting accurate, compliant financial data, in accordance with appropriate accounting standards and principles.

In addition, where appropriate, your organization needs to establish controls to ensure completion and timely submission of all mandatory performance and/or compliance reporting. See Part 2 of this guidance for a full overview of recipient reporting responsibilities.

11. Subrecipient Monitoring. SLFRF recipients that are pass-through entities as defined

under 2 CFR 200.1 are required to manage and monitor their subrecipients to ensure compliance with requirements of the SLFRF award pursuant to 2 CFR 200.332 regarding requirements for pass-through entities.

First, your organization must clearly identify to the subrecipient: (1) that the award is a subaward of SLFRF funds; (2) any and all compliance requirements for use of SLFRF funds; and (3) any and all reporting requirements for expenditures of SLFRF funds. Next, your organization will need to evaluate each subrecipient’s risk of noncompliance based on a set of common factors. These risk assessments may include factors such as prior experience in managing Federal funds, previous audits, personnel, and policies or procedures for award execution and oversight. Ongoing monitoring of any given subrecipient should reflect its assessed risk and include monitoring, identification of deficiencies, and follow-up to ensure appropriate remediation. Accordingly, your organization should develop written policies and procedures for subrecipient monitoring and risk assessment and maintain records of all award agreements identifying or otherwise documenting subrecipients’ compliance obligations.

12. Special Tests and Provisions. Treasury has set a deadline of July 16, 2021, for receipt

of public comment on its Interim Final Rule and will adopt a final rule responding to these comments. In addition, Treasury may add clarifications to the implementing guidance.

Across each of the compliance requirements above, Treasury described some best practices for development of internal controls. The table below provides a brief description and example of each best practice.



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Table 1: Internal controls best practices

Best Practice Description Example Written policies and procedures

Formal documentation of recipient policies and procedures

Documented procedure for determining worker eligibility for premium pay

Written standards of conduct Formal statement of mission, values, principles, and professional standards

Documented code of conduct / ethics for subcontractors

Risk-based due diligence Pre-payment validations conducted according to an assessed level of risk

Enhanced eligibility review of subrecipient with imperfect performance history

Risk-based compliance monitoring

Ongoing validations conducted according to an assessed level of risk

Higher degree of monitoring for projects that have a higher risk of fraud, given program characteristics

Record maintenance and retention

Creation and storage of financial and non-financial records.

Storage of all subrecipient payment information.

E. Award Terms and Conditions

The Award Terms and Conditions of the SLFRF financial assistance agreement sets forth the compliance obligations for recipients pursuant to the SLFRF statute, the Uniform Guidance, and Treasury’s Interim Final Rule. Recipients should ensure they remain in compliance with all Award Terms and Conditions. These obligations include the following items in addition to those described above: 1. SAM.gov Requirements. All eligible recipients are also required to have an active

registration with the System for Award Management (SAM) (https://www.sam.gov). To ensure timely receipt of funding, Treasury has stated that Non-entitlement Units of Government (NEUs) who have not previously registered with SAM.gov may do so after receipt of the award, but before the submission of mandatory reporting.7

2. Recordkeeping Requirements. Generally, your organization must maintain records and financial documents for five years after all funds have been expended or returned to Treasury, as outlined in paragraph 4.c. of the Award Terms and Conditions. Treasury may request transfer of records of long-term value at the end of such period. Wherever practicable, such records should be collected, transmitted, and stored in open and machine-readable formats. Your organization must agree to provide or make available such records to Treasury upon request, and to any authorized oversight body, including but not limited to the Government Accountability Office (“GAO”), Treasury’s Office of Inspector General (“OIG”), and the Pandemic Relief Accountability Committee (“PRAC”).

3. Single Audit Requirements. Recipients and subrecipients that expend more than $750,000 in Federal awards during their fiscal year will be subject to an audit under the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F regarding audit requirements.8 Recipients and subrecipients may also refer to the Office of

7 See flexibility provided in https://www.whitehouse.gov/wp-content/uploads/2021/03/M_21_20.pdf. 8 For-profit entities that receive SLFRF subawards are not subject to Single Audit requirements. However, they are subject to other audits as deemed necessary by authorized governmental entities, including Treasury, the GAO, the PRAC and the Treasury’s OIG.

https://www.sam.gov/

https://www.whitehouse.gov/omb/office-federal-financial-management/



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Management and Budget (OMB) Compliance Supplements for audits of federal funds and related guidance and the Federal Audit Clearinghouse to see examples and single audit submissions.

4. Civil Rights Compliance. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with the following authorities: Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23. In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury’s implementing regulations, 31 CFR part 22, and the Department of Justice (DOJ) regulations, Coordination of Non-discrimination in Federally Assisted Programs, 28 CFR part 42, provide for the collection of data and information from recipients (see 28 CFR 42.406). Treasury may request that recipients submit data for post-award compliance reviews, including information such as a narrative describing their Title VI compliance status.



https://facweb.census.gov/uploadpdf.aspx

https://www.justice.gov/crt/28-cfr-42401-42415

https://www.justice.gov/crt/28-cfr-42401-42415



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Part 2: Reporting Guidance There are three types of reporting requirements for the SLFRF program.

• Interim Report: Provide initial overview of status and uses of funding. This is a one-time report. See Section A, page 13.

• Project and Expenditure Report: Report on projects funded, expenditures, and contracts and subawards over $50,000, and other information. See Section B, page 15.

• Recovery Plan Performance Report: The Recovery Plan Performance Report (the “Recovery Plan”) will provide information on the projects that large recipients are undertaking with program funding and how they plan to ensure program outcomes are achieved in an effective, efficient, and equitable manner. It will include key performance indicators identified by the recipient and some mandatory indicators identified by Treasury. The Recovery Plan will be posted on the website of the recipient as well as provided to Treasury. See Section C, page 23.

Table 2: Reporting requirements by recipient type

Recipient Interim Report Project and Expenditure

Report

Recovery Plan Performance

Report States, U.S. territories, metropolitan cities and counties with a population that exceeds 250,000 residents

By August 31, 2021, with expenditures by category

By October 31, 2021, and then 30 days after the end of each quarter thereafter9

By August 31, 2021, and annually thereafter by July 31 10

Metropolitan cities and counties with a population below 250,000 residents which received more than $5 million in SLFRF funding

Not required

Tribal Governments

Metropolitan cities and counties with a population below 250,000 residents which received less than $5 million in SLFRF funding

By October 31, 2021, and then annually thereafter11

NEUs

Not required

The remainder of this document describes these reporting requirements. A users’ guide will be provided with additional information on how and where to submit required reports.

9 Interim Final Rule Page 111 10 Interim Final Rule page 112 11 Interim Final Rule Page 111



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A. Interim Report States, U.S. territories, metropolitan cities, counties, and Tribal governments are required to submit a one-time interim report with expenditures12 by Expenditure Category from the date of award to July 31, 2021. The recipient will be required to enter obligations13 and expenditures and, for each, select the specific expenditure category from the available options. See Appendix 1 for Expenditure Categories (EC). 1. Required Programmatic Data Recipients will also be required to provide the following information if they have or plan to have expenditures in the following Expenditure Categories. a. Revenue replacement (EC 6.114): Key inputs into the revenue replacement formula in the

Interim Final Rule and estimated revenue loss due to the Covid-19 public health emergency calculated using the formula in the Interim Final Rule as of December 31, 2020. • Base year general revenue (e.g., revenue in the last full fiscal year prior to the public

health emergency) • Fiscal year end date • Growth adjustment used (either 4.1 percent or average annual general revenue growth

over 3 years prior to pandemic) • Actual general revenue as of the twelve months ended December 31, 2020 • Estimated revenue loss due to the Covid-19 public health emergency as of December

31, 2020 • An explanation of how revenue replacement funds were allocated to government

services (Note: additional instructions and/or template to be provided in users’ guide) 12 For purposes of reporting in the SLFRF portal, an expenditure is the amount that has been incurred as a liability of the entity (the service has been rendered or the good has been delivered to the entity). 13 For purposes of reporting in the SLFRF portal, an obligation is an order placed for property and services, contracts and subawards made, and similar transactions that require payment. 14 See Appendix 1 for the full Expenditure Category (EC) list. References to Expenditure Categories are identified by “EC” followed by numbers from the table in Appendix 1.

Comparison to reporting for the CRF This guidance does not change the reporting or compliance requirements pertaining to the CRF. Reporting and compliance requirements for the SLFRF are separate from CRF reporting requirements. Changes from CRF to SLFRF include:

• Project, Expenditure, and Subaward Reporting: The SLFRF reporting requirements leverage the existing reporting regime used for CRF to foster continuity and provide many recipients with a familiar reporting mechanism. The data elements for the Project and Expenditure Report will largely mirror those used for CRF, with some minor exceptions noted in this guidance. The users’ guide will describe how reporting for CRF funds will relate to reporting for the SLFRF.

• Timing of Reports: CRF reports were due within 10 days of each calendar quarter. SLFRF quarterly reporting will be due 30 days from quarter end.

• Program and Performance Reporting: The CRF reporting did not include any program or performance reporting. To build public awareness and accountability and allow Treasury to monitor compliance with eligible uses, some program and performance reporting is required.



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In calculating general revenue and the other items discussed above, recipients should use audited data if it is available. When audited data is not available, recipients are not required to obtain audited data if substantially accurate figures can be produced on an unaudited basis. Recipients should use their own data sources to calculate general revenue, and do not need to rely on revenue data published by the Census Bureau. Treasury acknowledges that due to differences in timing, data sources, and definitions, recipients’ self-reported general revenue figures may differ from those published by the Census Bureau. Recipients may provide data on a cash, accrual, or modified accrual basis, provided that recipients are consistent in their choice of methodology throughout the covered period and until reporting is no longer required. Recipients’ reporting should align with their own financial reporting.

In calculating general revenue, recipients should exclude all intergovernmental transfers from the federal government. This includes, but is not limited to, federal transfers made via a State to a locality pursuant to the CRF or SLFRF. To the extent federal funds are passed through States or other entities or intermingled with other funds, recipients should attempt to identify and exclude the federal portion of those funds from the calculation of general revenue on a best-efforts basis.

Consistent with the broad latitude provided to recipients to use funds for government services to the extent of reduction in revenue, recipients will be required to submit a description of services provided. This description may be in narrative or in another form, and recipients are encouraged to report based on their existing budget processes and to minimize administrative burden. For example, a recipient with $100 in revenue replacement funds available could indicate that $50 were used for law enforcement operating expenses and $50 were used for pay-go building of sidewalk infrastructure. As discussed in the Interim Final Rule, these services can include a broad range of services but may not be used directly for pension deposits or debt service.

Reporting requirements will not require tracking the indirect effects of Fiscal Recovery Funds, apart from the restrictions on use of Fiscal Recovery Funds to offset a reduction in net tax revenue. In addition, recipients must indicate that Fiscal Recovery Funds were not used to make a deposit in a pension fund.

b. Distributions to NEUs - States and territories only (EC 7.4): Information on SLFRF distributions to eligible NEUs. Each State and territory will be asked to provide an update on distributions to individual NEUs, including whether the NEU has (1) received funding; (2) declined funding and requested a transfer to the State under Section 603(c)(4) of the Act; or (3) not taken action on its funding. States and territories should be prepared to report on their information, including the following: • NEU name • NEU DUNS number • NEU Taxpayer Identification Number (TIN) • NEU Recipient Number (a unique identification code for each NEU assigned by the

State to the NEU as part of the request for funding) • NEU contact information (e.g., address, point of contact name, point of contact email

address, and point of contact phone number) • NEU authorized representative name and email address • Initial allocation and, if applicable, subsequent allocation to the NEU (before

application of the 75 percent cap) • Total NEU reference budget (as submitted by the NEU to the State as part of the

request for funding)



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• Amount of the initial and, if applicable, subsequent allocation above 75 percent of the NEU’s reference budget which will be returned to Treasury

• Payment amount(s) • Payment date(s)

For each eligible NEU that declined funding and requested a transfer to the State under Section 603(c)(4), the State must also attach a form signed by the NEU, as detailed in the Guidance on Distributions of Funds to Non-Entitlement Units of Local Government.

States with “weak” minor civil divisions (i.e., Illinois, Indiana, Kansas, Missouri, Nebraska, North Dakota, Ohio, and South Dakota) should also list any minor civil divisions that the State deemed ineligible.

B. Project and Expenditure Report All recipients are required to submit Project and Expenditure Reports. 1. Quarterly Reporting

The following recipients are required to submit quarterly Project and Expenditure Reports: • States, U.S. territories, and Tribal governments • Metropolitan cities and counties that received more than $5 million in SLFRF funding

For these recipients, the initial quarterly Project and Expenditure Report will cover two calendar quarters from the date of award to September 30, 2021 and must be submitted to Treasury by October 31, 2021. The subsequent quarterly reports will cover one calendar quarter and must be submitted to Treasury within 30 calendar days after the end of each calendar quarter. Quarterly reports are not due concurrently with applicable annual reports. The table below summarizes the quarterly report timelines:

Report Year Quarter Period Covered Due Date 1 2021 2 and 3 Award Date – September 30 October 31, 2021 2 2021 4 October 1 – December 31 January 31, 2022 3 2022 1 January 1 – March 31 April 30, 2022 4 2022 2 April 1 – June 30 July 31, 2022 5 2022 3 July 1 – September 30 October 31, 2022 6 2022 4 October 1 – December 31 January 31, 2023 7 2023 1 January 1 – March 31 April 30, 2023 8 2023 2 April 1 – June 30 July 31, 2023 9 2023 3 July 1 – September 30 October 31, 2023

10 2023 4 October 1 – December 31 January 31, 2024 11 2024 1 January 1 – March 31 April 30, 2024 12 2024 2 April 1 – June 30 July 31, 2024 13 2024 3 July 1 – September 30 October 31, 2024 14 2024 4 October 1 – December 31 January 31, 2025 15 2025 1 January 1 – March 31 April 30, 2025 16 2025 2 April 1 – June 30 July 31, 2025 17 2025 3 July 1 – September 30 October 31, 2025 18 2025 4 October 1 – December 31 January 31, 2026 19 2026 1 January 1 – March 31 April 30, 2026 20 2026 2 April 1 – June 30 July 31, 2026

https://home.treasury.gov/system/files/136/NEU_Guidance.pdf



16

Report Year Quarter Period Covered Due Date 21 2026 3 July 1 – September 30 October 31, 2026 22 2026 4 October 1 – December 31 March 31, 2027

2. Annual Reporting

The following recipients are required to submit annual Project and Expenditure Reports: • Metropolitan cities and counties that received less than $5 million in SLFRF funding. • NEUs. To facilitate reporting, each NEU will need a NEU Recipient Number. This is a

unique identification code for each NEU assigned by the State to the NEU as part of its request for funding.

For these recipients, the initial Project and Expenditure Report will cover from the date of award to September 30, 2021 and must be submitted to Treasury by October 31, 2021. The subsequent annual reports will cover one calendar year and must be submitted to Treasury by October 31. The table below summarizes the report timelines:

Report Period Covered Due Date 1 Award Date – September 30, 2021 October 31, 2021 2 October 1, 2021 – September 30, 2022 October 31, 2022 3 October 1, 2022 – September 30, 2023 October 31, 2023 4 October 1, 2023 – September 30, 2024 October 31, 2024 5 October 1, 2024 – September 30, 2025 October 31, 2025 6 October 1, 2025 – September 30, 2026 October 31, 2026 7 October 1, 2026 – December 31, 2026 March 31, 2027

3. Required Information The following information will be required in Project and Expenditure Reports: a. Projects: Provide information on all SLFRF funded projects. Projects are new or existing

eligible government services or investments funded in whole or in part by SLFRF funding. For each project, the recipient will be required to enter the project name, identification number (created by the recipient), project expenditure category (see Appendix 1), description, and status of completion. Project descriptions must describe the project in sufficient detail to provide understanding of the major activities that will occur, and will be required to be between 50 and 250 words. Projects should be defined to include only closely related activities directed toward a common purpose. In particular, recipients should review the Required Programmatic Data described below and define their projects at a sufficient level of granularity to report these metrics for a reasonably specific activity or set of activities in each project.

Note: For each project, the recipient will be asked to select the appropriate Expenditure Category based on the scope of the project (see Appendix 1). Projects should be scoped to align to a single Expenditure Category. For select Expenditure Categories, the recipient will also be asked to provide additional programmatic data (described further below).

b. Expenditures: Once a project is entered the recipient will be able to report on the project’s

obligations and expenditures. Recipients will be asked to report: • Current period obligation • Cumulative obligation • Current period expenditure • Cumulative expenditure



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c. Project Status: Once a project is entered the recipient will be asked to report on project

status each reporting period, in four categories: • Not Started • Completed less than 50 percent • Completed 50 percent or more • Completed

d. Project Demographic Distribution: Recognizing the disproportionate impact of the

pandemic-related recession on low-income communities, recipients must report whether certain types of projects15 are targeted to economically disadvantaged communities, as defined by HUD’s Qualified Census Tract.16 Recipients will be asked to identify whether or not the project is serving an economically disadvantaged community. To minimize the administrative burden on recipients while ensuring that this important aspect of program performance is tracked, recipients may assume that the funds for a project count as being targeted towards economically disadvantaged communities if the project funds are spent on: • A program or service is provided at a physical location in a Qualified Census Tract (for

multi-site projects, if a majority of sites are within Qualified Census Tracts); • A program or service where the primary intended beneficiaries live within a Qualified

Census Tract; • A program or service for which the eligibility criteria are such that the primary intended

beneficiaries earn less than 60 percent of the median income for the relevant jurisdiction (e.g., State, county, metropolitan area, or other jurisdiction); or

• A program or service for which the eligibility criteria are such that over 25 percent of intended beneficiaries are below the federal poverty line.

Recipients may use reasonable estimates to determine if a project meets one of these criteria, including identifying the intended beneficiaries of a program or service in terms of income characteristics, geographic location, or otherwise estimating the beneficiaries of a program based on its eligibility criteria. Recipients do not need to track information on each individual beneficiary to make the determination of whether or not the project is serving an economically disadvantaged community. If a recipient is unable to measure economic characteristics of the primary intended beneficiaries of a program or service due to data limitations or for other reasons, that program or service may not be counted as targeted to economically disadvantaged communities. Treasury recognizes that in some circumstances, recipients may fund eligible programs or services that benefit economically disadvantaged communities but may lack adequate data to assess conclusively that such a program or service is targeted to economically disadvantaged communities based on the criteria described above.

e. Subawards: Each recipient shall also provide detailed obligation and expenditure

information for any contracts and grants awarded, loans issued, transfers made to other government entities, and direct payments made by the recipient that are greater than or equal to $50,000.

15 Specifically recipients must report this information for projects in the Expenditure Categories that are marked with “^” in the expenditure category listing in Appendix 1 of this guidance 16 HUD defines as a QCT as having “50 percent of households with incomes below 60 percent of the Area Median Gross Income (AMGI) or have a poverty rate of 25 percent or more.” To view median income area for their jurisdiction, recipients may visit the U.S. Census website on median incomes and select the geography for their jurisdiction and relevant unit of measurement (household or individual) for the project.

https://www.huduser.gov/portal/datasets/qct.html

https://data.census.gov/cedsci/table?q=ACSST1Y2019.S1903&tid=ACSST1Y2019.S1903&hidePreview=true&moe=false.



18

Recipients do not also need to submit separate monthly subaward reports to FSRS.gov as required pursuant to the 2 CFR Part 170, Appendix A award term regarding reporting subaward and executive compensation, which is included in the SLFRF Award Terms and Conditions. Treasury will submit this reporting on behalf of recipients using the $50,000 reporting threshold, timing, and data elements discussed in this guidance. If recipients choose to continue reporting to FSRS.gov in addition to reporting directly to Treasury on these funds, they may do so and will be asked to notify Treasury as part of their quarterly submission.

In general, recipients will be asked to provide the following information for each Contract, Grant, Loan, Transfer, or Direct Payment greater than or equal to $50,000: • Subrecipient identifying and demographic information (e.g., DUNS number and

location) • Award number (e.g., Award number, Contract number, Loan number) • Award date, type, amount, and description • Award payment method (reimbursable or lump sum payment(s)) • For loans, expiration date (date when loan expected to be paid in full) • Primary place of performance • Related project name(s) • Related project identification number(s) (created by the recipient) • Period of performance start date • Period of performance end date • Quarterly obligation amount • Quarterly expenditure amount • Project(s) • Additional programmatic performance indicators for select Expenditure Categories (see

below)

Aggregate reporting is required for contracts, grants, transfers made to other government entities, loans, direct payments, and payments to individuals that are below $50,000. This information will be accounted for by expenditure category at the project level.

As required by the 2 CFR Part 170, Appendix A award term regarding reporting subaward and executive compensation, recipients must also report the names and total compensation of their five most highly compensated executives and their subrecipients’ executives for the preceding completed fiscal year if (1) the recipient received 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards), and received $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act (and subawards), and (2) if the information is not otherwise public. In general, most SLFRF Recipients are governmental entities with executive salaries that are already disclosed, so no additional information must be reported. The recipient is responsible for the subrecipients’ compliance with registering and maintaining an updated profile on SAM.gov.

f. Civil Rights Compliance: Treasury will request information on recipients’ compliance with Title VI of the Civil Rights Act of 1964 on an annual basis. This information may include a narrative describing the recipient’s compliance with Title VI, along with other questions and assurances.



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g. Required Programmatic Data (other than infrastructure projects): For all projects listed under the following Expenditure Categories (see Appendix 1), the information listed must be provided in each report.

1. Payroll for Public Health and Safety Employees (EC 1.9):

• Number of government FTEs responding to COVID-19 supported under this authority

2. Household Assistance (EC 2.1-2.5):

• Brief description of structure and objectives of assistance program(s) (e.g., nutrition assistance for low-income households)

• Number of individuals served (by program if recipient establishes multiple separate household assistance programs)

• Brief description of recipient’s approach to ensuring that aid to households responds to a negative economic impact of Covid-19, as described in the Interim Final Rule

3. Small Business Economic Assistance (EC 2.9):

• Brief description of the structure and objectives of assistance program(s) (e.g., grants for additional costs related to Covid-19 mitigation)

• Number of small businesses served (by program if recipient establishes multiple separate small businesses assistance programs)

• Brief description of recipient’s approach to ensuring that aid to small businesses responds to a negative economic impact of COVID-19, as described in the Interim Final Rule

4. Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (EC 2.11-2.12): • If aid is provided to industries other than travel, tourism, and hospitality (EC 2.12),

a description of pandemic impact on the industry and rationale for providing aid to the industry

• Brief narrative description of how the assistance provided responds to negative economic impacts of the COVID-19 pandemic

• For each subaward: o Sector of employer (Note: additional detail, including list of sectors to be

provided in a users’ guide) o Purpose of funds (e.g., payroll support, safety measure implementation)

5. Rehiring Public Sector Staff (EC 2.14): • Number of FTEs rehired by governments under this authority

6. Education Assistance (EC 3.1-3.5):

• The National Center for Education Statistics (“NCES”) School ID or NCES District ID. List the School District if all schools within the school district received some funds. If not all schools within the school district received funds, list the School ID of the schools that received funds. These can allow evaluators to link data from the NCES to look at school-level demographics and, eventually, student performance.17

17 For more information on NCES identification numbers see https://nces.ed.gov/ccd/districtsearch/ (districts) and https://nces.ed.gov/ccd/schoolsearch/ (schools).

https://nces.ed.gov/ccd/districtsearch/

https://nces.ed.gov/ccd/schoolsearch/



20

7. Premium Pay (both Public Sector EC 4.1 and Private Sector EC 4.2): • List of sectors designated as critical to the health and well-being of residents by

the chief executive of the jurisdiction, if beyond those included in the Interim Final Rule (Note: a list of sectors will be provided in the forthcoming users’ guide).

• Number of workers to be served • Employer sector for all subawards to third-party employers (i.e., employers other

than the State, local, or Tribal government) (Note: a list of sectors will be provided in the forthcoming users’ guide).

• For groups of workers (e.g., an operating unit, a classification of worker, etc.) or, to the extent applicable, individual workers, for whom premium pay would increase total pay above 150 percent of their residing State’s average annual wage, or their residing county’s18 average annual wage, whichever is higher, on an annual basis: o A brief written narrative justification of how the premium pay or grant is

responsive to workers performing essential work during the public health emergency. This could include a description of the essential workers’ duties, health or financial risks faced due to COVID-19, and why the recipient government determined that the premium pay was responsive to workers performing essential work during the pandemic. This description should not include personally identifiable information; when addressing individual workers, recipients should be careful not to include this information. Recipients may consider describing the workers’ occupations and duties in a general manner as necessary to protect privacy.

8. Revenue replacement (EC 6.1):

Under the Interim Final Rule, recipients calculate revenue loss using data as of four discrete points during the program: December 31, 2020, December 31, 2021, December 31, 2022, and December 31, 2023. Revenue loss calculated as of December 31, 2020 will be reported in the Interim Report, as described above. For future calculation dates, revenue loss will be reported only in the Quarter 4 reports due January 31, 2022, January 31, 2023, and January 31, 2024. Reporting on revenue loss should include: • General revenue collected over the past 12 months as of the most recent

calculation date, as outlined in the Interim Final Rule (for example, for the January 31, 2022 report, recipients should provide 12 month general revenue as of December 31, 2021);

• Calculated revenue loss due to the Covid-19 public health emergency; and • An explanation of how the revenue replacement funds were allocated to

government services (note: additional instructions and/or template to be provided in user guide).

In calculating general revenue and the revenue loss due to the COVID-19 public health emergency, recipients should follow the same guidance as described above for the Interim Report.

h. Required Programmatic Data for Infrastructure Projects (EC 5): For all projects listed under

the Water, Sewer, and Broadband Expenditure Categories (see Appendix 1), more detailed project-level information is required. Each project will be required to report expenditure data as described above, but will also report the following information:

18 County means a county, parish, or other equivalent county division (as defined by the Census Bureau). See 31 CFR 35.3.



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1. All infrastructure projects (EC 5): • Projected/actual construction start date (month/year) • Projected/actual initiation of operations date (month/year) • Location (for broadband, geospatial location data) • For projects over $10 million:

a. A recipient may provide a certification that, for the relevant project, all laborers and mechanics employed by contractors and subcontractors in the performance of such project are paid wages at rates not less than those prevailing, as determined by the U.S. Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the “Davis-Bacon Act”), for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State (or the District of Columbia) in which the work is to be performed, or by the appropriate State entity pursuant to a corollary State prevailing-wage-in-construction law (commonly known as “baby Davis-Bacon Acts”). If such certification is not provided, a recipient must provide a project employment and local impact report detailing: The number of employees of contractors and sub-contractors working on

the project; The number of employees on the project hired directly and hired through a

third party; The wages and benefits of workers on the project by classification; and Whether those wages are at rates less than those prevailing.19

Recipients must maintain sufficient records to substantiate this information upon request.

b. A recipient may provide a certification that a project includes a project labor agreement, meaning a pre-hire collective bargaining agreement consistent with section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f)). If the recipient does not provide such certification, the recipient must provide a project workforce continuity plan, detailing: How the recipient will ensure the project has ready access to a sufficient

supply of appropriately skilled and unskilled labor to ensure high-quality construction throughout the life of the project;

How the recipient will minimize risks of labor disputes and disruptions that would jeopardize timeliness and cost-effectiveness of the project; and

How the recipient will provide a safe and healthy workplace that avoids delays and costs associated with workplace illnesses, injuries, and fatalities;

Whether workers on the project will receive wages and benefits that will secure an appropriately skilled workforce in the context of the local or regional labor market; and

Whether the project has completed a project labor agreement. c. Whether the project prioritizes local hires. d. Whether the project has a Community Benefit Agreement, with a description of

any such agreement. 19 As determined by the U.S. Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the “Davis-Bacon Act”), for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State (or the District of Columbia) in which the work is to be performed.



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2. Water and sewer projects (EC 5.1-5.15): • National Pollutant Discharge Elimination System (NPDES) Permit Number (if

applicable; for projects aligned with the Clean Water State Revolving Fund) • Public Water System (PWS) ID number (if applicable; for projects aligned with the

Drinking Water State Revolving Fund)

3. Broadband projects (EC 5.16-5.17): • Speeds/pricing tiers to be offered, including the speed/pricing of its affordability

offering • Technology to be deployed • Miles of fiber • Cost per mile • Cost per passing • Number of households (broken out by households on Tribal lands and those not on

Tribal lands) projected to have increased access to broadband meeting the minimum speed standards in areas that previously lacked access to service of at least 25 Mbps download and 3 Mbps upload o Number of households with access to minimum speed standard of reliable 100

Mbps symmetrical upload and download o Number of households with access to minimum speed standard of reliable 100

Mbps download and 20 Mbps upload • Number of institutions and businesses (broken out by institutions on Tribal lands

and those not on Tribal lands) projected to have increased access to broadband meeting the minimum speed standards in areas that previously lacked access to service of at least 25 Mbps download and 3 Mbps upload, in each of the following categories: business, small business, elementary school, secondary school, higher education institution, library, healthcare facility, and public safety organization o Specify the number of each type of institution with access to the minimum speed

standard of reliable 100 Mbps symmetrical upload and download; and o Specify the number of each type of institution with access to the minimum speed

standard of reliable 100 Mbps download and 20 Mbps upload

i. Distributions to NEUs - States and territories only (EC 7.4): Information on SLFRF distributions to eligible NEUs. Each State and territory will be asked to provide an update on distributions to individual NEUs, including whether the NEU has (1) received funding; (2) declined funding and requested a transfer to the State under Section 603(c)(4) of the Act; or (3) not taken action on its funding. States and territories should be prepared to report on their information, including the following: • NEU name • NEU DUNS number • NEU Taxpayer Identification Number (TIN) • NEU Recipient Number (a unique identification code for each NEU assigned by the

State to the NEU as part of the request for funding) • NEU contact information (e.g., address, point of contact name, point of contact email

address, and point of contact phone number) • NEU authorized representative name and email address • Initial allocation and, if applicable, subsequent allocation to the NEU (before

application of the 75 percent cap) • Total NEU reference budget (as submitted by the NEU to the State as part of the

request for funding) • Amount of the initial and, if applicable, subsequent allocation above 75 percent of the

NEU’s reference budget which will be returned to Treasury • Payment amount(s) • Payment date(s)



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For each eligible NEU that declined funding and requested a transfer to the State under Section 603(c)(4), the State must also attach a form signed by the NEU, as detailed in the Guidance on Distributions of Funds to Non-Entitlement Units of Local Government.

States with “weak” minor civil divisions (i.e., Illinois, Indiana, Kansas, Missouri, Nebraska, North Dakota, Ohio, and South Dakota) should also list any minor civil divisions that the State deemed ineligible.

j. NEU Documentation (NEUs only): Each NEU will also be asked to provide the following information with their first report submitted by October 31, 2021: • Copy of the signed award terms and conditions agreement (which was signed and

submitted to the State as part of the request for funding) • Copy of the signed assurances of compliance with Title VI of the Civil Rights Act of

1964 (which was signed and submitted to the State as part of the request for funding) • Copy of actual budget documents validating the top-line budget total provided to the

State as part of the request for funding

C. Recovery Plan Performance Report States, territories, metropolitan cities, and counties with a population that exceeds 250,000 residents will also be required to publish and submit to Treasury a Recovery Plan performance report (“Recovery Plan”). Each Recovery Plan must be posted on the public-facing website of the recipient by the same date the recipient submits the report to Treasury. This reporting requirement includes uploading a link to the publicly available document report along with providing data in the Treasury reporting portal. The Recovery Plan will provide the public and Treasury information on the projects recipients are undertaking with program funding and how they are planning to ensure program outcomes are achieved in an effective, efficient, and equitable manner. While this guidance outlines some minimum requirements for the Recovery Plan, each recipient is encouraged to add information to the plan they feel is appropriate to provide information to their constituents on efforts they are taking to respond to the pandemic and promote economic recovery. Each jurisdiction may determine the general form and content of the Recovery Plan, as long as it includes the minimum information determined by Treasury. Treasury will provide a recommended template but recipients may modify this template as appropriate for their jurisdiction. The Recovery Plan will include key performance indicators identified by the recipient and some mandatory indicators identified by Treasury. The initial Recovery Plan will cover the period from the date of award to July 31, 2021 and must be submitted to Treasury by August 31, 2021. Thereafter, the Recovery Plan will cover a 12-month period and recipients will be required to submit the report to Treasury within 30 days after the end of the 12-month period (by July 31). The table below summarizes the report timelines:

Annual Report

Period Covered Due Date

1 Award Date – July 31, 2021 August 31, 2021 2 July 1, 2021 – June 30, 2022 July 31, 2022 3 July 1, 2022 – June 30, 2023 July 31, 2023 4 July 1, 2023 – June 30, 2024 July 31, 2024 5 July 1, 2024 – June 30, 2025 July 31, 2025 6 July 1, 2025 – June 30, 2026 July 31, 2026 7 July 1, 2026 – December 31, 2026 March 31, 2027

https://home.treasury.gov/system/files/136/NEU_Guidance.pdf



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The Recovery Plan will include, at a minimum, the following information: 1. Executive Summary Provide a high-level overview of the jurisdiction’s intended and actual uses of funding including, but not limited to: the jurisdiction’s plan for use of funds to promote a response to the pandemic and economic recovery, key outcome goals, progress to date on those outcomes, and any noteworthy challenges or opportunities identified during the reporting period. 2. Uses of Funds Describe in further detail your jurisdiction’s intended and actual uses of the funds, such as how your jurisdiction’s approach would help support a strong and equitable recovery from the COVID-19 pandemic and economic downturn. Describe any strategies employed to maximize programmatic impact and effective, efficient, and equitable outcomes. Given the broad eligible uses of funds and the specific needs of the jurisdiction, please also explain how the funds would support the communities, populations, or individuals in your jurisdiction. Your description should address how you are promoting each of the following, to the extent they apply: a. Public Health (EC 1): As relevant, describe how funds are being used to respond to

COVID-19 and the broader health impacts of COVID-19 and the COVID-19 public health emergency.

b. Negative Economic Impacts (EC 2): As relevant, describe how funds are being used to respond to negative economic impacts of the COVID-19 public health emergency, including to households and small businesses.

c. Services to Disproportionately Impacted Communities (EC 3): As relevant, describe how funds are being used to provide services to communities disproportionately impacted by the COVID-19 public health emergency.

d. Premium Pay (EC 4): As relevant, describe the approach, goals, and sectors or occupations served in any premium pay program. Describe how your approach prioritizes low-income workers.

e. Water, sewer, and broadband infrastructure (EC 5): Describe the approach, goals, and types of projects being pursued, if pursuing.

f. Revenue Replacement (EC 6): Describe the loss in revenue due to the COVID-19 public health emergency and how funds have been used to provide government services.

Where appropriate, recipients should also include information on your jurisdiction’s use (or planned use) of other federal recovery funds including other programs under the American Rescue Plan such as the Emergency Rental Assistance, Housing Assistance, and so forth, to provide broader context on the overall approach for pandemic recovery. 3. Promoting equitable outcomes Describe efforts to promote equitable outcomes, including how programs were designed with equity in mind. Please include in your description how your jurisdiction will consider and measure equity at the various stages of the program, including: a. Goals: Are there particular historically underserved, marginalized, or adversely affected

groups that you intend to serve within your jurisdiction? b. Awareness: How equal and practical is the ability for residents or businesses to become

aware of the services funded by the SLFRF? c. Access and Distribution: Are there differences in levels of access to benefits and services

across groups? Are there administrative requirements that result in disparities in ability to complete applications or meet eligibility criteria?



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d. Outcomes: Are intended outcomes focused on closing gaps, reaching universal levels of service, or disaggregating progress by race, ethnicity, and other equity dimensions where relevant for the policy objective?

Treasury encourages uses of funds that promote strong, equitable growth, including racial equity. Please describe how your jurisdiction’s planned or current use of funds prioritizes economic and racial equity as a goal, names specific targets intended to produce meaningful equity results at scale, and articulates the strategies to achieve those targets. In addition, please explain how your jurisdiction’s overall equity strategy translates into the specific services or programs offered by your jurisdiction in the following Expenditure Categories: a. Negative Economic Impacts (EC 2): assistance to households, small businesses, and

non-profits to address impacts of the pandemic, which have been most severe among low-income populations. This includes assistance with food, housing, and other needs; employment programs for people with barriers to employment who faced negative economic impacts from the pandemic (such as residents of low-income neighborhoods, minorities, disconnected youth, the unemployed, formerly incarcerated people, veterans, and people with disabilities); and other strategies that provide disadvantaged groups with access to education, jobs, and opportunity.

b. Services to Disproportionately Impacted Communities (EC 3): services to address health disparities and the social determinants of health, build stronger neighborhoods and communities (e.g., affordable housing), address educational disparities (e.g., evidence-based tutoring, community schools, and academic, social-emotional, and mental health supports for high poverty schools), and promote healthy childhood environments (e.g., home visiting, child care).

The initial report must describe efforts to date and intended outcomes to promote equity. Each annual report thereafter must provide an update, using qualitative and quantitative data, on how the recipients’ approach achieved or promoted equitable outcomes or progressed against equity goals during the performance period. Please also describe any constraints or challenges that impacted project success in terms of increasing equity. In particular, this section must describe the geographic and demographic distribution of funding, including whether it is targeted toward traditionally marginalized communities. For the purposes of the SLFRF, equity is defined in the Executive Order 13985 On Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, as issued on January 20, 2021. 4. Community Engagement Please describe how your jurisdiction’s planned or current use of funds incorporates written, oral, and other forms of input that capture diverse feedback from constituents, community-based organizations, and the communities themselves. Where relevant, this description must include how funds will build the capacity of community organizations to serve people with significant barriers to services, including people of color, people with low incomes, limited English proficient populations, and other traditionally underserved groups. 5. Labor Practices Describe workforce practices on any infrastructure projects being pursued (EC 5). How are projects using strong labor standards to promote effective and efficient delivery of high-quality infrastructure projects while also supporting the economic recovery through strong employment opportunities for workers? For example, report whether any of the following practices are being utilized: project labor agreements, community benefits agreements, prevailing wage requirements, and local hiring.





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6. Use of Evidence The Recovery Plan should identify whether SLFRF funds are being used for evidence-based interventions20 and/or if projects are being evaluated through rigorous program evaluations that are designed to build evidence. Recipients must briefly describe the goals of the project, and the evidence base for the interventions funded by the project. Recipients must specifically identify the dollar amount of the total project spending that is allocated towards evidence-based interventions for each project in the Public Health (EC 1), Negative Economic Impacts (EC 2), and Services to Disproportionately Impacted Communities (EC 3) Expenditure Categories.21 Recipients are exempt from reporting on evidence-based interventions in cases where a program evaluation is being conducted. Recipients are encouraged to use relevant evidence Clearinghouses, among other sources, to assess the level of evidence for their interventions and identify evidence-based models that could be applied in their jurisdiction; such evidence clearinghouses include the U.S. Department of Education’s What Works Clearinghouse, the U.S. Department of Labor’s CLEAR, and the Childcare & Early Education Research Connections and the Home Visiting Evidence of Effectiveness clearinghouses from Administration for Children and Families, as well as other clearinghouses relevant to particular projects conducted by the recipient. In such cases where a recipient is conducting a program evaluation in lieu of reporting the amount of spending on evidence-based interventions, they must describe the evaluation design including whether it is a randomized or quasi-experimental design; the key research questions being evaluated; whether the study has sufficient statistical power to disaggregate outcomes by demographics; and the timeframe for the completion of the evaluation (including a link to completed evaluation if relevant).22 Once the evaluation has been completed, recipients must post the evaluation publicly and link to the completed evaluation in the Recovery Plan. Once an evaluation has been completed (or has sufficient interim findings to determine the efficacy of the intervention), recipients should determine whether the spending for the evaluated interventions should be counted towards the dollar amount categorized as evidence-based for the relevant project. For all projects, recipients may be selected to participate in a national evaluation, which would study their project along with similar projects in other jurisdictions that are focused on the same set of outcomes. In such cases, recipients may be asked to share information and data that is needed for the national evaluation. Recipients are encouraged to consider how a Learning Agenda, either narrowly focused on SLFRF or broadly focused on the recipient’s broader policy agenda, could support their overarching evaluation efforts in order to create an evidence-building strategy for their jurisdiction.23 Appendix 2 contains additional information on evidence-based interventions for the purposes of the Recovery Plan.

20As noted in Appendix 2, evidence-based refers to interventions with strong or moderate levels of evidence. 21 Of note, recipients are only required to report the amount of the total funds that are allocated to evidence-based interventions in the areas of Public Health, Negative Economic Impacts, and Services to Disproportionately Impacted Communities that are marked by an asterisk in Appendix 1: Expenditure Categories. 22 For more information on the required standards for program evaluation, see OMB M-20-12. 23 For more information on learning agendas, please see OMB M-19-23

https://ies.ed.gov/ncee/wwc/#:%7E:text=The%20What%20Works%20Clearinghouse%20(WWC,to%20make%20evidence%2Dbased%20decisions.

https://clear.dol.gov/

https://www.acf.hhs.gov/opre/research-and-evaluation-clearinghouses

https://www.acf.hhs.gov/opre/research-and-evaluation-clearinghouses

https://www.whitehouse.gov/wp-content/uploads/2020/03/M-20-12.pdf

https://www.whitehouse.gov/wp-content/uploads/2019/07/M-19-23.pdf



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7. Table of Expenses by Expenditure Category Please include a table listing the amount of funds used in each Expenditure Category (See Appendix 1). The table should include cumulative expenses to date within each category, and the additional amount spent within each category since the last annual Recovery Plan. 8. Project Inventory List the name and provide a brief description of all SLFRF funded projects. Projects are new or existing eligible government services or investments funded in whole or in part by SLFRF funding. For each project, include the project name, funding amount, identification number (created by the recipient and used thereafter in the quarterly Program and Expenditure Report), project Expenditure Category (see Appendix 1), and a description of the project which includes an overview of the main activities of the project, the approximate timeline, primary delivery mechanisms and partners, if applicable, and intended outcomes. Include a link to the website of the project if available. This information will provide context and additional detail for the information reported quarterly in the Project and Expenditure Report. For infrastructure investment projects (EC 5), project-level reporting will be more detailed, as described for the Project and Expenditure Report above. Projects in this area may be grouped by Expenditure Category if needed, with further detail (such as the specific project name and identification number) provided in the Project and Expenditure Report. For infrastructure projects, descriptions should note how the project contributes to addressing climate change. 9. Performance Report The Recovery Plan must include key performance indicators for the major SLFRF funded projects undertaken by the recipient. The recipient has flexibility in terms of how this information is presented in the Recovery Plan, and may report key performance indicators for each project, or may group projects with substantially similar goals and the same outcome measures. In some cases, the recipient may choose to include some indicators for each individual project as well as crosscutting indicators. Performance indicators should include both output and outcome measures. Output measures, such as number of students enrolled in an early learning program, provide valuable information about the early implementation stages of a project. Outcome measures, such as the percent of students reading on grade level, provide information about whether a project is achieving its overall goals. Recipients are encouraged to use logic models24 to identify their output and outcome measures. While the initial report will focus heavily on early output goals, recipients must include the related outcome goal for each project and provide updated information on achieving these outcome goals in annual reports. In cases where recipients are conducting a program evaluation for a project (as described above), the outcome measures in the performance report should be aligned with those being evaluated in the program. To support their performance measurement and program improvement efforts, recipients are permitted to use funds to make improvements to data or technology infrastructure and data analytics, as well as program evaluations. 10. Required Performance Indicators and Programmatic Data While recipients have discretion on the full suite of performance indicators to include, a number of mandatory performance indicators and programmatic data must be included. These are necessary to allow Treasury to conduct oversight as well as understand and aggregate program outcomes across recipients. This section provides an overview of the mandatory performance indicators and programmatic data. This information may be included in each recipient’s Recovery Plan as they determine most appropriate, including combining with the 24 A logic model is a tool that depicts the intended links between program investments and outcomes, specifically the relationships among the resources, activities, outputs, outcomes, and impact of a program.



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section above, but this data will also need to be entered directly into the Treasury reporting portal. Below is a list of required data for each Expenditure Category: a. Household Assistance (EC 2.2 & 2.5) and Housing Support (EC 3.10-3.12):

• Number of people or households receiving eviction prevention services (including legal representation)

• Number of affordable housing units preserved or developed

b. Negative Economic Impacts (EC 2): • Number of workers enrolled in sectoral job training programs • Number of workers completing sectoral job training programs • Number of people participating in summer youth employment programs

c. Education Assistance (EC 3.1-3.5):

• Number of students participating in evidence-based tutoring programs25 d. Healthy Childhood Environments (EC 3.6-3.9):

• Number of children served by childcare and early learning (pre-school/pre-K/ages 3-5)

• Number of families served by home visiting The initial report should include the key indicators above. Each annual report thereafter should include updated data for the performance period as well as prior period data, and a brief narrative adding any additional context to help the reader interpret the results and understand the any changes in performance indicators over time. To the extent possible, Treasury also encourages recipients to provide data disaggregated by race, ethnicity, gender, income, and other relevant factors. 11. Ineligible Activities: Tax Offset Provision (States and territories only) The following information is required for Treasury to ensure SLFRF funding is not used for ineligible activities. In each reporting year, States and territories will report certain items related to the Tax Offset Provision 31 CFR 35.8, as detailed below. As indicated in the Interim Final Rule, Treasury is seeking comment on reporting requirements related to the Tax Offset Provision, including ways to better rely on information already produced by States and territories and to minimize burden. The terms “reporting year,” “baseline,” “covered change,” “net reduction in total spending,” and “tax revenue” are defined in the Interim Final Rule, 31 CFR 35.3. For purposes of calculating a net reduction in total spending, total spending for the fiscal year ending 2019 should be reported on an inflation-adjusted basis, consistent with the Interim Final Rule, 31 CFR 35.3. Similarly, for purposes of calculating baseline, tax revenue for the fiscal year 2019 should be reported on an inflation-adjusted basis, consistent with the Interim Final Rule, 31 CFR 35.3. For purposes of reporting actual tax revenue and calculating tax revenue for the fiscal year ending 2019,26 (a) if available, recipients should report information using audited financials and (b) recipients may provide data on a cash, accrual, or modified accrual basis, but must be consistent in their approach across all reporting periods. Similarly, for purposes of calculating

25 For more information on evidence-based tutoring programs, refer to the U.S. Department of Education’s 2021 ED COVID-19 Handbook (Volume 2), which summarizes research on evidence-based tutoring programs (see the bottom of page 20. 26 Tax revenue for fiscal year ending 2019 is relevant for calculating the recipient’s baseline.

https://www2.ed.gov/documents/coronavirus/reopening-2.pdf



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a net reduction in total spending, recipients should report data using audited financials where available. a. Revenue-reducing Covered Changes:

For each reporting year, a recipient must report the value of covered changes that the recipient predicts will have the effect of reducing tax revenue in a given reporting year (revenue-reducing covered changes), similar to the way it would in the ordinary course of its budgeting process. The value of these covered changes may be reported based on estimated values produced by a budget model, incorporating reasonable assumptions, that aligns with the recipient government’s existing approach for measuring the effects of fiscal policies, and that measures relative to a current law baseline. The covered changes may also be reported based on actual values using a statistical methodology to isolate the change in year-over-year revenue attributable to the covered change(s), relative to the current law baseline prior to the change(s). Estimation approaches should not use dynamic methodologies that incorporate the projected effects of the policies on macroeconomic growth. In general and where possible, reported values should be produced by the agency of the recipient government responsible for estimating the costs and effects of fiscal policy changes. Recipients must maintain records regarding the identification and predicted effects of revenue-reducing covered changes.

b. Baseline Revenue:

Baseline has the meaning defined in the Interim Final Rule, 31 CFR 35.3.

Whether the revenue-reducing covered changes are in excess of the de minimis. Recipients must determine whether the aggregate value of the revenue-reducing covered changes in the reporting year is less than one percent of baseline revenue.

c. Actual Tax Revenue:

Actual tax revenue means the actual tax revenue received by the recipient government in the reporting year. Tax revenue has the meaning defined in the Interim Final Rule, 31 CFR 35.3.

d. Reduction in Net Tax Revenue:

The reduction in net tax revenue is equal to baseline revenue minus actual tax revenue in each reporting year. If this value is zero or negative, there is no reduction in net tax revenue.

e. Any revenue-increasing covered changes:

A recipient must report the value of covered changes that have had or that the recipient predicts will have the effect of increasing tax revenue in a given reporting year (revenue-increasing covered changes), similar to the way it would in the ordinary course of its budgeting process. The value of these covered changes may be reported based on estimated values produced by a budget model, incorporating reasonable assumptions, that aligns with the recipient’s existing approach for measuring the effects of fiscal policies, and that measures relative to a current law baseline. The covered changes may also be reported based on actual values using a statistical methodology to isolate the change in year-over-year revenue attributable to the covered change(s), relative to the current law baseline prior to the change(s). Estimation approaches should not use dynamic methodologies that incorporate the projected effects of the policies on macroeconomic growth. In general and where possible, reporting should be produced by the agency of the recipient responsible for estimating the costs and effects of fiscal policy changes.



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Recipients should maintain records regarding revenue-reducing covered changes and estimates of such changes.

f. Net reduction in total spending, and tables of specific spending cuts:

Recipients must report on spending cuts. To calculate the amount of spending cuts that are available to offset a reduction in tax revenue, the recipient must first consider whether there has been a reduction in total net spending, excluding Fiscal Recovery Funds (net reduction in total spending). As in the Interim Final Rule, 35 CFR 35.3, net reduction in total spending is measured as the recipient government’s total spending for a given reporting year excluding Fiscal Recovery Funds, subtracted from its total spending for its fiscal year ending in 2019, adjusted for inflation using the Bureau of Economic Analysis’s Implicit Price Deflator for the gross domestic product of the United States. If that subtraction yields a positive value, there has been a net reduction; if it yields zero or a negative value, there has not been a net reduction. If there has been no net reduction in total spending, a recipient will have no spending cuts to offset a reduction in net tax revenue. Next, a recipient must determine and aggregate the value of spending cuts in each “reporting unit,” as defined below. For each reporting unit, the recipient must report (1) the amount of the reduction in spending in the reporting unit relative to its inflation-adjusted FY 2019 level, (2) the amount of any Fiscal Recovery Funds spent in the reporting unit, and (3) the amount by which the reduction in spending exceeds the Fiscal Recovery funds spent in the reporting unit. If a recipient has not spent amounts received from the Fiscal Recovery Funds in a reporting unit, the full amount of the reduction in spending counts as a covered spending cut and may be included in aggregate spending cuts. If the recipient has spent amounts received from the Fiscal Recovery Funds, such amounts generally would be deemed to have replaced the amount of spending cut, and only reductions in spending above the amount of Fiscal Recovery Funds spent on the reporting unit would be eligible to offset a reduction in net tax revenue. Only such amounts above the amount of Fiscal Recovery Funds spent on the reporting unit should be included in the aggregate of spending cuts. To align with existing reporting and accounting, the Interim Final Rule considers the department, agency, or authority from which spending has been cut and whether the recipient government has spent amounts received from the Fiscal Recovery Funds on that same department, agency, or authority. Recipients may also choose to report at a more granular sub-department level. Recipients are encouraged to define and report spending in departments, sub-departments (e.g., bureaus), agencies, or authorities (each a “reporting unit”) in a manner consistent with their existing budget process and should, to the extent possible, report using the same reporting unit in each reporting year. For example, if a State health department maintains separate budgets for different units (e.g., medical and public health units), those units may be reported and considered separately. Spending cuts must be reported relative to FY 2019 spending levels, adjusted for inflation, and excluding Fiscal Recovery Funds from reporting year spending levels. Recipients should maintain records regarding spending cuts. As discussed in the Interim Final Rule, in order to help ensure governments use Fiscal Recovery Funds in a manner consistent with the prescribed eligible uses and do not use Fiscal Recovery Funds to indirectly offset a reduction in net tax revenue resulting from a covered change, Treasury will monitor changes in spending throughout the covered period. Evasions of the Tax Offset Provision may be subject to recoupment.



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Appendix 1: Expenditure Categories The Expenditure Categories (EC) listed below must be used to categorize each project as noted in Part 2 above. The term “Expenditure Category” refers to the detailed level (e.g., 1.1 COVID-10 Vaccination). When referred to as a category (e.g., EC 1) it includes all Expenditure Categories within that level.

1: Public Health 1.1 COVID-19 Vaccination ^ 1.2 COVID-19 Testing ^ 1.3 COVID-19 Contact Tracing 1.4 Prevention in Congregate Settings (Nursing Homes, Prisons/Jails, Dense Work Sites,

Schools, etc.)* 1.5 Personal Protective Equipment 1.6 Medical Expenses (including Alternative Care Facilities) 1.7 Capital Investments or Physical Plant Changes to Public Facilities that respond to the

COVID-19 public health emergency 1.8 Other COVID-19 Public Health Expenses (including Communications, Enforcement,

Isolation/Quarantine) 1.9 Payroll Costs for Public Health, Safety, and Other Public Sector Staff Responding to

COVID-19 1.10 Mental Health Services* 1.11 Substance Use Services* 1.12 Other Public Health Services 2: Negative Economic Impacts 2.1 Household Assistance: Food Programs* ^ 2.2 Household Assistance: Rent, Mortgage, and Utility Aid* ^ 2.3 Household Assistance: Cash Transfers* ^ 2.4 Household Assistance: Internet Access Programs* ^ 2.5 Household Assistance: Eviction Prevention* ^ 2.6 Unemployment Benefits or Cash Assistance to Unemployed Workers* 2.7 Job Training Assistance (e.g., Sectoral job-training, Subsidized Employment,

Employment Supports or Incentives)* ^ 2.8 Contributions to UI Trust Funds 2.9 Small Business Economic Assistance (General)* ^ 2.10 Aid to Nonprofit Organizations* 2.11 Aid to Tourism, Travel, or Hospitality 2.12 Aid to Other Impacted Industries 2.13 Other Economic Support* ^ 2.14 Rehiring Public Sector Staff 3: Services to Disproportionately Impacted Communities 3.1 Education Assistance: Early Learning* ^ 3.2 Education Assistance: Aid to High-Poverty Districts ^ 3.3 Education Assistance: Academic Services* ^ 3.4 Education Assistance: Social, Emotional, and Mental Health Services* ^ 3.5 Education Assistance: Other* ^ 3.6 Healthy Childhood Environments: Child Care* ^ 3.7 Healthy Childhood Environments: Home Visiting* ^ 3.8 Healthy Childhood Environments: Services to Foster Youth or Families Involved in

Child Welfare System* ^



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3.9 Healthy Childhood Environments: Other* ^ 3.10 Housing Support: Affordable Housing* ^ 3.11 Housing Support: Services for Unhoused Persons* ^ 3.12 Housing Support: Other Housing Assistance* ^ 3.13 Social Determinants of Health: Other* ^ 3.14 Social Determinants of Health: Community Health Workers or Benefits Navigators* ^ 3.15 Social Determinants of Health: Lead Remediation ^ 3.16 Social Determinants of Health: Community Violence Interventions* ^ 4: Premium Pay 4.1 Public Sector Employees 4.2 Private Sector: Grants to Other Employers 5: Infrastructure27 5.1 Clean Water: Centralized Wastewater Treatment 5.2 Clean Water: Centralized Wastewater Collection and Conveyance 5.3 Clean Water: Decentralized Wastewater 5.4 Clean Water: Combined Sewer Overflows 5.5 Clean Water: Other Sewer Infrastructure 5.6 Clean Water: Stormwater 5.7 Clean Water: Energy Conservation 5.8 Clean Water: Water Conservation 5.9 Clean Water: Nonpoint Source 5.10 Drinking water: Treatment 5.11 Drinking water: Transmission & Distribution 5.12 Drinking water: Transmission & Distribution: Lead Remediation 5.13 Drinking water: Source 5.14 Drinking water: Storage 5.15 Drinking water: Other water infrastructure 5.16 Broadband: “Last Mile” projects 5.17 Broadband: Other projects 6: Revenue Replacement 6.1 Provision of Government Services 7: Administrative 7.1 Administrative Expenses 7.2 Evaluation and Data Analysis 7.3 Transfers to Other Units of Government 7.4 Transfers to Non-entitlement Units (States and territories only)

*Denotes areas where recipients must identify the amount of the total funds that are allocated to evidence-based interventions (see Use of Evidence section above for details) ^Denotes areas where recipients must report on whether projects are primarily serving disadvantaged communities (see Project Demographic Distribution section above for details)

27 Definitions for water and sewer Expenditure Categories can be found in the EPA’s handbooks. For “clean water” expenditure category definitions, please see: https://www.epa.gov/sites/production/files/2018-03/documents/cwdefinitions.pdf. For “drinking water” expenditure category definitions, please see: https://www.epa.gov/dwsrf/drinking-water-state-revolving-fund-national-information-management-system-reports.

https://www.epa.gov/sites/production/files/2018-03/documents/cwdefinitions.pdf

https://www.epa.gov/dwsrf/drinking-water-state-revolving-fund-national-information-management-system-reports

https://www.epa.gov/dwsrf/drinking-water-state-revolving-fund-national-information-management-system-reports



33

Appendix 2: Evidenced-Based Intervention Additional Information What is evidence-based? For the purposes of the SLFRF, evidence-based refers to interventions with strong or moderate evidence as defined below: Strong evidence means the evidence base that can support causal conclusions for the specific program proposed by the applicant with the highest level of confidence. This consists of one or more well-designed and well-implemented experimental studies conducted on the proposed program with positive findings on one or more intended outcomes. Moderate evidence means that there is a reasonably developed evidence base that can support causal conclusions. The evidence base consists of one or more quasi-experimental studies with positive findings on one or more intended outcomes OR two or more non-experimental studies with positive findings on one or more intended outcomes. Examples of research that meet the standards include: well-designed and well-implemented quasi-experimental studies that compare outcomes between the group receiving the intervention and a matched comparison group (i.e., a similar population that does not receive the intervention). Preliminary evidence means that the evidence base can support conclusions about the program’s contribution to observed outcomes. The evidence base consists of at least one non-experimental study. A study that demonstrates improvement in program beneficiaries over time on one or more intended outcomes OR an implementation (process evaluation) study used to learn and improve program operations would constitute preliminary evidence. Examples of research that meet the standards include: (1) outcome studies that track program beneficiaries through a service pipeline and measure beneficiaries’ responses at the end of the program; and (2) pre- and post-test research that determines whether beneficiaries have improved on an intended outcome.



34

Revision Log Version Date Published Summary of changes 1.0 June 17, 2021 Initial publication 1.1 June 24, 2021 • Pg. 12, removed references to “summary” level with

respect to reporting by Expenditure Categories in the Interim Report to avoid confusion.

• Pg. 13, revised the coverage period end date for the Interim Report from June 30, 2021 to July 31, 2021 to align with the IFR.

• Pg. 13, removed references to “summary” level with respect to reporting by Expenditure Categories in the Interim Report to avoid confusion.

• Pg. 31, removed references to “summary level” with respect to Expenditure Categories in Appendix 1 to avoid confusion.

Billing Code 4810-AK-P

DEPARTMENT OF THE TREASURY

31 CFR Part 35

RIN 1505-AC77


AGENCY: Department of the Treasury.

ACTION: Interim final rule.

SUMMARY: The Secretary of the Treasury (Treasury) is issuing this interim final rule to

implement the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal

Recovery Fund established under the American Rescue Plan Act.

DATES: Effective date: The provisions in this interim final rule are effective [INSERT DATE

OF PUBLICATION IN THE FEDERAL REGSITER].

Comment date: Comments must be received on or before [INSERT DATE 60 DAYS AFTER

DATE OF PUBLICATION IN THE FEDERAL REGISTER].

ADDRESSES: Please submit comments electronically through the Federal eRulemaking Portal:

http://www.regulations.gov. Comments can be mailed to the Office of the Undersecretary for

Domestic Finance, Department of the Treasury, 1500 Pennsylvania Avenue, NW, Washington,

DC 20220. Because postal mail may be subject to processing delay, it is recommended that

comments be submitted electronically. All comments should be captions with “Coronavirus

State and Local Fiscal Recovery Funds Interim Final Rule Comments.” Please include your

name, organization affiliation, address, email address and telephone number in your comment.

Where appropriate, a comment should include a short executive summary.

In general, comments received will be posted on http://www.regulations.gov without change,

including any business or personal information provided. Comments received, including

attachments and other supporting materials, will be part of the public record and subject to public

disclosure. Do not enclose any information in your comment or supporting materials that you

This document is scheduled to be published in theFederal Register on 05/17/2021 and available online atfederalregister.gov/d/2021-10283, and on govinfo.gov Enclosure 2

24b

consider confidential or inappropriate for public disclosure.

FOR FURTHER INFORMATION CONTACT: Katharine Richards, Senior Advisor, Office

of Recovery Programs, Department of the Treasury, (844) 529-9527.

SUPPLEMENTARY INFORMATION:

I. Background Information

A. Overview

Since the first case of coronavirus disease 2019 (COVID-19) was discovered in the

United States in January 2020, the disease has infected over 32 million and killed over 575,000

Americans.1 The disease has impacted every part of life: as social distancing became a

necessity, businesses closed, schools transitioned to remote education, travel was sharply

reduced, and millions of Americans lost their jobs. In April 2020, the national unemployment

rate reached its highest level in over seventy years following the most severe month-over-month

decline in employment on record.2 As of April 2021, there were still 8.2 million fewer jobs than

before the pandemic.3 During this time, a significant share of households have faced food and

housing insecurity.4 Economic disruptions impaired the flow of credit to households, State and

1 Centers for Disease Control and Prevention, COVID Data Tracker, http://www.covid.cdc.gov/covid-data-tracker/#datatracker-home (last visited May 8, 2021).2 U.S. Bureau of Labor Statistics, Unemployment Rate [UNRATE], retrieved from FRED, Federal Reserve Bank of St. Louis; https://fred.stlouisfed.org/series/UNRATE, May 3, 2021. U.S. Bureau of Labor Statistics, Employment Level [LNU02000000], retrieved from FRED, Federal Reserve Bank of St. Louis; https://fred.stlouisfed.org/series/LNU02000000, May 3, 2021.3 U.S. Bureau of Labor Statistics, All Employees, Total Nonfarm [PAYEMS], retrieved from FRED, Federal Reserve Bank of St. Louis; https://fred.stlouisfed.org/series/PAYEMS, May 7, 2021.4 Nirmita Panchal et al., The Implications of COVID-19 for Mental Health and Substance Abuse (Feb. 10, 2021), https://www.kff.org/coronavirus-covid-19/issue-brief/the-implications-of-covid-19-for-mental-health-and-substance-use/#:~:text=Older%20adults%20are%20also%20more,prior%20to%20the%20current%20crisis; U.S. Census Bureau, Household Pulse Survey: Measuring Social and Economic Impacts during the Coronavirus Pandemic, https://www.census.gov/programs-surveys/household-pulse-survey.html (last visited Apr. 26, 2021); Rebecca T. Leeb et al., Mental Health-Related Emergency Department Visits Among Children Aged <18 Years During the COVID Pandemic – United States, January 1 – October 17, 2020, Morb. Mortal. Wkly. Rep. 69(45):1675-80 (Nov. 13, 2020), https://www.cdc.gov/mmwr/volumes/69/wr/mm6945a3.htm.

local governments, and businesses of all sizes.5 As businesses weathered closures and sharp

declines in revenue, many were forced to shut down, especially small businesses.6

Amid this once-in-a-century crisis, State, territorial, Tribal, and local governments (State,

local, and Tribal governments) have been called on to respond at an immense scale.

Governments have faced myriad needs to prevent and address the spread of COVID-19,

including testing, contact tracing, isolation and quarantine, public communications, issuance and

enforcement of health orders, expansions to health system capacity like alternative care facilities,

and in recent months, a massive nationwide mobilization around vaccinations. Governments

also have supported major efforts to prevent COVID-19 spread through safety measures in

settings like nursing homes, schools, congregate living settings, dense worksites, incarceration

settings, and public facilities. The pandemic’s impacts on behavioral health, including the toll of

pandemic-related stress, have increased the need for behavioral health resources.

At the same time, State, local and Tribal governments launched major efforts to address

the economic impacts of the pandemic. These efforts have been tailored to the needs of their

communities and have included expanded assistance to unemployed workers; food assistance;

rent, mortgage, and utility support; cash assistance; internet access programs; expanded services

to support individuals experiencing homelessness; support for individuals with disabilities and

older adults; and assistance to small businesses facing closures or revenue loss or implementing

new safety measures.

In responding to the public health emergency and its negative economic impacts, State,

local, and Tribal governments have seen substantial increases in costs to provide these services,

often amid substantial declines in revenue due to the economic downturn and changing economic

5 Board of Governors of the Federal Reserve System, Monetary Policy Report (June 12, 2020), https://www.federalreserve.gov/monetarypolicy/2020-06-mpr-summary.htm.6 Joseph R. Biden, Remarks by President Biden on Helping Small Businesses (Feb. 22, 2021), https://www.whitehouse.gov/briefing-room/speeches-remarks/2021/02/22/remarks-by-president-biden-on-helping-small-businesses/.

patterns during the pandemic.7 Facing these budget challenges, many State, local, and Tribal

governments have been forced to make cuts to services or their workforces, or delay critical

investments. From February to May of 2020, State, local, and Tribal governments reduced their

workforces by more than 1.5 million jobs and, in April of 2021, State, local, and Tribal

government employment remained nearly1.3 million jobs below pre-pandemic levels.8 These

cuts to State, local, and Tribal government workforces come at a time when demand for

government services is high, with State, local, and Tribal governments on the frontlines of

fighting the pandemic. Furthermore, State, local, and Tribal government austerity measures can

hamper overall economic growth, as occurred in the recovery from the Great Recession.9

Finally, although the pandemic’s impacts have been widespread, both the public health

and economic impacts of the pandemic have fallen most severely on communities and

populations disadvantaged before it began. Low-income communities, people of color, and

Tribal communities have faced higher rates of infection, hospitalization, and death,10 as well as

higher rates of unemployment and lack of basic necessities like food and housing.11 Pre-existing

social vulnerabilities magnified the pandemic in these communities, where a reduced ability to

work from home and, frequently, denser housing amplified the risk of infection. Higher rates of

pre-existing health conditions also may have contributed to more severe COVID-19 health

7 Michael Leachman, House Budget Bill Provides Needed Fiscal Aid for States, Localities, Tribal Nations, and Territories (Feb. 10, 2021), https://www.cbpp.org/research/state-budget-and-tax/house-budget-bill-provides-needed-fiscal-aid-for-states-localities.8 U.S. Bureau of Labor Statistics, All Employees, State Government [CES9092000001] and All Employees, Local Government [CES9093000001], retrieved from FRED, Federal Reserve Bank of St. Louis, https://fred.stlouisfed.org/series/CES9092000001 and https://fred.stlouisfed.org/series/CES9093000001 (last visited May 8, 2021). 9 Tracy Gordon, State and Local Budgets and the Great Recession, Brookings Institution (Dec. 31, 2012), http://www.brookings.edu/articles/state-and-local-budgets-and-the-great-recession. 10 Sebastian D. Romano et al., Trends in Racial and Ethnic Disparities in COVID-19 Hospitalizations, by Region – United States, March-December 2020, MMWR Morb Mortal Wkly Rep 2021, 70:560-565 (Apr. 16, 2021), https://www.cdc.gov/mmwr/volumes/70/wr/mm7015e2.htm?s_cid=mm7015e2_w.11 Center on Budget and Policy Priorities, Tracking the COVID-19 Recession’s Effects on Food, Housing, and Employment Hardships, https://www.cbpp.org/research/poverty-and-inequality/tracking-the-covid-19-recessions-effects-on-housing-and (last visited May 4, 2021).

outcomes.12 Similarly, communities or households facing economic insecurity before the

pandemic were less able to weather business closures, job losses, or declines in earnings and

were less able to participate in remote work or education due to the inequities in access to

reliable and affordable broadband infrastructure.13 Finally, though schools in all areas faced

challenges, those in high poverty areas had fewer resources to adapt to remote and hybrid

learning models.14 Unfortunately, the pandemic also has reversed many gains made by

communities of color in the prior economic expansion.15

B. The Statute and Interim Final Rule

12 Lisa R. Fortuna et al., Inequity and the Disproportionate Impact of COVID-19 on Communities of Color in the United States: The Need for Trauma-Informed Social Justice Response, Psychological Trauma Vol. 12(5):443-45 (2020), available at https://psycnet.apa.org/fulltext/2020-37320-001.pdf. 13 Emily Vogles et al., 53% of Americans Say the Internet Has Been Essential During the COVID-19 Outbreak (Apr. 30, 2020), https://www.pewresearch.org/internet/2020/04/30/53-of-americans-say-the-internet-has-been-essential-during-the-covid-19-outbreak/. 14 Emma Dorn et al., COVID-19 and student learning in the United States: The hurt could last a lifetime (June 2020), https://webtest.childrensinstitute.net/sites/default/files/documents/COVID-19-and-student-learning-in-the-United-States_FINAL.pdf; Andrew Bacher-Hicks et al., Inequality in Household Adaptation to Schooling Shocks: Covid-Induced Online Engagement in Real Time, J. of Public Econ. Vol. 193(C) (July 2020), available at https://www.nber.org/papers/w27555.15 See, e.g., Tyler Atkinson & Alex Richter, Pandemic Disproportionately Affects Women, Minority Labor Force Participation, https://www.dallasfed.org/research/economics/2020/1110 (last visited May 9, 2021); Jared Bernstein & Janelle Jones, The Impact of the COVID19 Recession on the Jobs and Incomes of Persons of Color, https://www.cbpp.org/sites/default/files/atoms/files/6-2-20bud_0.pdf (last visited May 9, 2021).

On March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law by the

President.16 Section 9901 of ARPA amended Title VI of the Social Security Act17 (the Act) to

add section 602, which establishes the Coronavirus State Fiscal Recovery Fund, and section 603,

which establishes the Coronavirus Local Fiscal Recovery Fund (together, the Fiscal Recovery

Funds).18 The Fiscal Recovery Funds are intended to provide support to State, local, and Tribal

governments (together, recipients) in responding to the impact of COVID-19 and in their efforts

to contain COVID-19 on their communities, residents, and businesses. The Fiscal Recovery

Funds build on and expand the support provided to these governments over the last year,

including through the Coronavirus Relief Fund (CRF).19

Through the Fiscal Recovery Funds, Congress provided State, local, and Tribal governments

with significant resources to respond to the COVID-19 public health emergency and its

economic impacts through four categories of eligible uses. Section 602 and section 603 contain

the same eligible uses; the primary difference between the two sections is that section 602

establishes a fund for States, territories, and Tribal governments and section 603 establishes a

16 American Rescue Plan Act of 2021 (ARPA), sec. 9901, Pub. L. 117-2, codified at 42 U.S.C. 802 et seq. The term “state” as used in this SUPPLEMENTARY INFORMATION and defined in section 602 of the Act means each of the 50 States and the District of Columbia. The term “territory” as used in this SUPPLEMENTARY INFORMATION and defined in section 602 of the Act means the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of Northern Mariana Islands, and American Samoa. Tribal government is defined in the Act and the interim final rule to mean “the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of the [American Rescue Plan Act] pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).” See section 602(g)(7) of the Social Security Act, as added by the American Rescue Plan Act. On January 29, 2021, the Bureau of Indian Affairs published a current list of 574 Tribal entities. See 86 FR 7554, January 29, 2021. The term “local governments” as used in this SUPPLEMENTARY INFORMATION includes metropolitan cities, counties, and nonentitlement units of local government.17 42 U.S.C. 801 et seq.18 Sections 602, 603 of the Act.19 The CRF was established by the section 601 of the Act as added by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Pub. L. 116-136, 134 Stat. 281 (2020).

fund for metropolitan cities, nonentitlement units of local government, and counties.

Sections 602(c)(1) and 603(c)(1) provide that funds may be used:

a) To respond to the public health emergency or its negative economic impacts, including

assistance to households, small businesses, and nonprofits, or aid to impacted industries

such as tourism, travel, and hospitality;

b) To respond to workers performing essential work during the COVID-19 public health

emergency by providing premium pay to eligible workers;

c) For the provision of government services to the extent of the reduction in revenue due to

the COVID–19 public health emergency relative to revenues collected in the most recent

full fiscal year prior to the emergency; and

d) To make necessary investments in water, sewer, or broadband infrastructure.

In addition, Congress clarified two types of uses which do not fall within these four

categories. Sections 602(c)(2)(B) and 603(c)(2) provide that these eligible uses do not include,

and thus funds may not be used for, depositing funds into any pension fund. Section

602(c)(2)(A) also provides, for States and territories, that the eligible uses do not include

“directly or indirectly offset[ting] a reduction in the net tax revenue of [the] State or territory

resulting from a change in law, regulation, or administrative interpretation.”

The ARPA provides a substantial infusion of resources to meet pandemic response needs

and rebuild a stronger, more equitable economy as the country recovers. First, payments from

the Fiscal Recovery Funds help to ensure that State, local, and Tribal governments have the

resources needed to continue to take actions to decrease the spread of COVID-19 and bring the

pandemic under control. Payments from the Fiscal Recovery Funds may also be used by

recipients to provide support for costs incurred in addressing public health and economic

challenges resulting from the pandemic, including resources to offer premium pay to essential

workers, in recognition of their sacrifices over the last year. Recipients may also use payments

from the Fiscal Recovery Funds to replace State, local, and Tribal government revenue lost due

to COVID-19, helping to ensure that governments can continue to provide needed services and

avoid cuts or layoffs. Finally, these resources lay the foundation for a strong, equitable

economic recovery, not only by providing immediate economic stabilization for households and

businesses, but also by addressing the systemic public health and economic challenges that may

have contributed to more severe impacts of the pandemic among low-income communities and

people of color.

Within the eligible use categories outlined in the Fiscal Recovery Funds provisions of

ARPA, State, local, and Tribal governments have flexibility to determine how best to use

payments from the Fiscal Recovery Funds to meet the needs of their communities and

populations. The interim final rule facilitates swift and effective implementation by establishing

a framework for determining the types of programs and services that are eligible under the

ARPA along with examples of uses that State, local, and Tribal governments may consider.

These uses build on eligible expenditures under the CRF, including some expansions in eligible

uses to respond to the public health emergency, such as vaccination campaigns. They also

reflect changes in the needs of communities, as evidenced by, for example, nationwide data

demonstrating disproportionate impacts of the COVID-19 public health emergency on certain

populations, geographies, and economic sectors. The interim final rule takes into consideration

these disproportionate impacts by recognizing a broad range of eligible uses to help States, local,

and Tribal governments support the families, businesses, and communities hardest hit by the

COVID-19 public health emergency.

Implementation of the Fiscal Recovery Funds also reflect the importance of public input,

transparency, and accountability. Treasury seeks comment on all aspects of the interim final rule

and, to better facilitate public comment, has included specific questions throughout this

SUPPLEMENTARY INFORMATION. Treasury encourages State, local, and Tribal

governments in particular to provide feedback and to engage with Treasury regarding issues that

may arise regarding all aspects of this interim final rule and Treasury’s work in administering the

Fiscal Recovery Funds. In addition, the interim final rule establishes certain regular reporting

requirements, including by requiring State, local, and Tribal governments to publish information

regarding uses of Fiscal Recovery Funds payments in their local jurisdiction. These reporting

requirements reflect the need for transparency and accountability, while recognizing and

minimizing the burden, particularly for smaller local governments. Treasury urges State,

territorial, Tribal, and local governments to engage their constituents and communities in

developing plans to use these payments, given the scale of funding and its potential to catalyze

broader economic recovery and rebuilding.

II. Eligible Uses

A. Public Health and Economic Impacts

Sections 602(c)(1)(A) and 603(c)(1)(A) provide significant resources for State, territorial,

Tribal governments, and counties, metropolitan cities, and nonentitlement units of local

governments (each referred to as a recipient) to meet the wide range of public health and

economic impacts of the COVID-19 public health emergency.

These provisions authorize the use of payments from the Fiscal Recovery Funds to

respond to the public health emergency with respect to COVID-19 or its negative economic

impacts. Section 602 and section 603 also describe several types of uses that would be

responsive to the impacts of the COVID-19 public health emergency, including assistance to

households, small businesses, and nonprofits and aid to impacted industries, such as tourism,

travel, and hospitality.20

Accordingly, to assess whether a program or service is included in this category of

eligible uses, a recipient should consider whether and how the use would respond to the COVID-

19 public health emergency. Assessing whether a program or service “responds to” the COVID-

19 public health emergency requires the recipient to, first, identify a need or negative impact of

20 Sections 602(c)(1)(A), 603(c)(1)(A) of the Act.

the COVID-19 public health emergency and, second, identify how the program, service, or other

intervention addresses the identified need or impact. While the COVID-19 public health

emergency affected many aspects of American life, eligible uses under this category must be in

response to the disease itself or the harmful consequences of the economic disruptions resulting

from or exacerbated by the COVID-19 public health emergency.

The interim final rule implements these provisions by identifying a non-exclusive list of

programs or services that may be funded as responding to COVID-19 or the negative economic

impacts of the COVID-19 public health emergency, along with considerations for evaluating

other potential uses of the Fiscal Recovery Funds not explicitly listed. The interim final rule also

provides flexibility for recipients to use payments from the Fiscal Recovery Funds for programs

or services that are not identified on these non-exclusive lists but that fall under the terms of

section 602(c)(1)(A) or 603(c)(1)(A) by responding to the COVID-19 public health emergency

or its negative economic impacts. As an example, in determining whether a program or service

responds to the negative economic impacts of the COVID-19 public health emergency, the

interim final rule provides that payments from the Fiscal Recovery Funds should be designed to

address an economic harm resulting from or exacerbated by the public health emergency.

Recipients should assess the connection between the negative economic harm and the COVID-19

public health emergency, the nature and extent of that harm, and how the use of this funding

would address such harm.

As discussed, the pandemic and the necessary actions taken to control the spread had a

severe impact on households and small businesses, including in particular low-income workers

and communities and people of color. While eligible uses under sections 602(c)(1)(A) and

603(c)(1)(A)provide flexibility to recipients to identify the most pressing local needs, Treasury

encourages recipients to provide assistance to those households, businesses, and non-profits in

communities most disproportionately impacted by the pandemic.

1. Responding to COVID-19

On January 21, 2020, the Centers for Disease Control and Prevention (CDC) identified

the first case of novel coronavirus in the United States.21 By late March, the virus had spread to

many States and the first wave was growing rapidly, centered in the northeast.22 This wave

brought acute strain on health care and public health systems: hospitals and emergency medical

services struggled to manage a major influx of patients; response personnel faced shortages of

personal protective equipment; testing for the virus was scarce; and congregate living facilities

like nursing homes and prisons saw rapid spread. State, local, and Tribal governments mobilized

to support the health care system, issue public health orders to mitigate virus spread, and

communicate safety measures to the public. The United States has since faced at least two

additional COVID-19 waves that brought many similar challenges: the second in the summer,

centered in the south and southwest, and a wave throughout the fall and winter, in which the

virus reached a point of uncontrolled spread across the country and over 3,000 people died per

day.23 By early May 2021, the United States has experienced over 32 million confirmed

COVID-19 cases and over 575,000 deaths.24

Mitigating the impact of COVID-19, including taking actions to control its spread and

support hospitals and health care workers caring for the sick, continues to require a major public

health response from State, local and Tribal governments. New or heightened public health

needs include COVID-19 testing, major expansions in contact tracing, support for individuals in

isolation or quarantine, enforcement of public health orders, new public communication efforts,

21 Press Release, Centers for Disease Control and Prevention, First Travel-related Case of 2019 Novel Coronavirus Detected in United States (Jan. 21, 2020), https://www.cdc.gov/media/releases/2020/p0121-novel-coronavirus-travel-case.html.22 Anne Schuchat et al., Public Health Response to the Initiation and Spread of Pandemic COVID-19 in the United States, February 24 – April 21, 2021, MMWR Morb Mortal Wkly Rep 2021, 69(18):551-56 (May 8, 2021), https://www.cdc.gov/mmwr/volumes/69/wr/mm6918e2.htm.23 Centers for Disease Control and Prevention, COVID Data Tracker: Trends in Number of COVID-19 Cases and Deaths in the US Reported to CDC, by State/Territory, https://covid.cdc.gov/covid-data-tracker/#trends_dailytrendscases (last visited May 8, 2021).24 Id.

public health surveillance (e.g., monitoring case trends and genomic sequencing for variants),

enhancement to health care capacity through alternative care facilities, and enhancement of

public health data systems to meet new demands or scaling needs. State, local, and Tribal

governments have also supported major efforts to prevent COVID-19 spread through safety

measures at key settings like nursing homes, schools, congregate living settings, dense worksites,

incarceration settings, and in other public facilities. This has included implementing infection

prevention measures or making ventilation improvements in congregate settings, health care

settings, or other key locations.

Other response and adaptation costs include capital investments in public facilities to

meet pandemic operational needs, such as physical plant improvements to public hospitals and

health clinics or adaptations to public buildings to implement COVID-19 mitigation tactics. In

recent months, State, local, and Tribal governments across the country have mobilized to support

the national vaccination campaign, resulting in over 250 million doses administered to date.25

The need for public health measures to respond to COVID-19 will continue in the months

and potentially years to come. This includes the continuation of the vaccination campaign for

the general public and, if vaccinations are approved for children in the future, eventually for

youths. This also includes monitoring the spread of COVID-19 variants, understanding the

impact of these variants (especially on vaccination efforts), developing approaches to respond to

those variants, and monitoring global COVID-19 trends to understand continued risks to the

United States. Finally, the long-term health impacts of COVID-19 will continue to require a

public health response, including medical services for individuals with “long COVID,” and

research to understand how COVID-19 impacts future health needs and raises risks for the

millions of Americans who have been infected.

25 Centers for Disease Control and Prevention, COVID Data Tracker: COVID-19 Vaccinations in the United States, https://covid.cdc.gov/covid-data-tracker/#vaccinations (last visited May 8, 2021).

Other areas of public health have also been negatively impacted by the COVID-19

pandemic. For example, in one survey in January 2021, over 40 percent of American adults

reported symptoms of depression or anxiety, up from 11 percent in the first half of 2019.26, The

proportion of children’s emergency department visits related to mental health has also risen

noticeably.27 Similarly, rates of substance misuse and overdose deaths have spiked: preliminary

data from the CDC show a nearly 30 percent increase in drug overdose mortality from

September 2019 to September 2020.28 Stay-at-home orders and other pandemic responses may

have also reduced the ability of individuals affected by domestic violence to access services.29

Finally, some preventative public health measures like childhood vaccinations have been

deferred and potentially forgone.30

While the pandemic affected communities across the country, it disproportionately

impacted some demographic groups and exacerbated health inequities along racial, ethnic, and

socioeconomic lines.31 The CDC has found that racial and ethnic minorities are at increased risk

26 Panchal, supra note 4; Mark É. Czeisler et al., Mental Health, Substance Abuse, and Suicidal Ideation During COVID-19 Pandemic– United States, June 24-30 2020, Morb. Mortal. Wkly. Rep. 69(32):1049-57 (Aug. 14, 2020), https://www.cdc.gov/mmwr/volumes/69/wr/mm6932a1.htm.27 Leeb, supra note 4.28 Centers for Disease Prevention and Control, National Center for Health Statistics, Provisional Drug Overdose Death Counts, https://www.cdc.gov/nchs/nvss/vsrr/drug-overdose-data.htm (last visited May 8, 2021).29 Megan L. Evans, et al., A Pandemic within a Pandemic – Intimate Partner Violence during Covid-19, N. Engl. J. Med. 383:2302-04 (Dec. 10, 2020), available at https://www.nejm.org/doi/full/10.1056/NEJMp2024046.30 Jeanne M. Santoli et al., Effects of the COVID-19 Pandemic on Routine Pediatric Vaccine Ordering and Administration – United States, Morb. Mortal. Wkly. Rep. 69(19):591-93 (May 8, 2020), https://www.cdc.gov/mmwr/volumes/69/wr/mm6919e2.htm; Marisa Langdon-Embry et al., Notes from the Field: Rebound in Routine Childhood Vaccine Administration Following Decline During the COVID-19 Pandemic – New York City, March 1-June 27, 2020, Morb. Mortal. Wkly. Rep. 69(30):999-1001 (Jul. 31 2020), https://www.cdc.gov/mmwr/volumes/69/wr/mm6930a3.htm.31 Office of the White House, National Strategy for the COVID-19 Response and Pandemic Preparedness (Jan. 21, 2021), https://www.whitehouse.gov/wp-content/uploads/2021/01/National-Strategy-for-the-COVID-19-Response-and-Pandemic-Preparedness.pdf.

for infection, hospitalization, and death from COVID-19, with Hispanic or Latino and Native

American or Alaska Native patients at highest risk.32

Similarly, low-income and socially vulnerable communities have seen the most severe

health impacts. For example, counties with high poverty rates also have the highest rates of

infections and deaths, with 223 deaths per 100,000 compared to the U.S. average of 175 deaths

per 100,000, as of May 2021.33 Counties with high social vulnerability, as measured by factors

such as poverty and educational attainment, have also fared more poorly than the national

average, with 211 deaths per 100,000 as of May 2021.34 Over the last year, Native Americans

have experienced more than one and a half times the rate of COVID-19 infections, more than

triple the rate of hospitalizations, and more than double the death rate compared to White

Americans.35 Low-income and minority communities also exhibit higher rates of pre-existing

conditions that may contribute to an increased risk of COVID-19 mortality.36

In addition, individuals living in low-income communities may have had more limited

ability to socially distance or to self-isolate when ill, resulting in faster spread of the virus, and

32 In a study of 13 states from October to December 2020, the CDC found that Hispanic or Latino and Native American or Alaska Native individuals were 1.7 times more likely to visit an emergency room for COVID-19 than White individuals, and Black individuals were 1.4 times more likely to do so than White individuals. See Romano, supra note 10.33 Centers for Disease Control and Prevention, COVID Data Tracker: Trends in COVID-19 Cases and Deaths in the United States, by County-level Population Factors, https://covid.cdc.gov/covid-data-tracker/#pop-factors_totaldeaths (last visited May 8, 2021).34 The CDC’s Social Vulnerability Index includes fifteen variables measuring social vulnerability, including unemployment, poverty, education levels, single-parent households, disability status, non-English speaking households, crowded housing, and transportation access.

Centers for Disease Control and Prevention, COVID Data Tracker: Trends in COVID-19 Cases and Deaths in the United States, by Social Vulnerability Index, https://covid.cdc.gov/covid-data-tracker/#pop-factors_totaldeaths (last visited May 8, 2021).35 Centers for Disease Control and Prevention, Risk for COVID-19 Infection, Hospitalization, and Death By Race/Ethnicity, https://www.cdc.gov/coronavirus/2019-ncov/covid-data/investigations-discovery/hospitalization-death-by-race-ethnicity.html (last visited Apr. 26, 2021).36 See, e.g., Centers for Disease Control and Prevention, Risk of Severe Illness or Death from COVID-19 (Dec. 10, 2020), https://www.cdc.gov/coronavirus/2019-ncov/community/health-equity/racial-ethnic-disparities/disparities-illness.html (last visited Apr. 26, 2021).

were over-represented among essential workers, who faced greater risk of exposure.37 Social

distancing measures in response to the pandemic may have also exacerbated pre-existing public

health challenges. For example, for children living in homes with lead paint, spending

substantially more time at home raises the risk of developing elevated blood lead levels, while

screenings for elevated blood lead levels declined during the pandemic.38 The combination of

these underlying social and health vulnerabilities may have contributed to more severe public

health outcomes of the pandemic within these communities, resulting in an exacerbation of pre-

existing disparities in health outcomes.39

Eligible Public Health Uses. The Fiscal Recovery Funds provide resources to meet and

address these emergent public health needs, including through measures to counter the spread of

COVID-19, through the provision of care for those impacted by the virus, and through programs

or services that address disparities in public health that have been exacerbated by the pandemic.

To facilitate implementation and use of payments from the Fiscal Recovery Funds, the interim

final rule identifies a non-exclusive list of eligible uses of funding to respond to the COVID-19

public health emergency. Eligible uses listed under this section build and expand upon

permissible expenditures under the CRF, while recognizing the differences between the ARPA

and CARES Act, and recognizing that the response to the COVID-19 public health emergency

37 Milena Almagro et al., Racial Disparities in Frontline Workers and Housing Crowding During COVID-19: Evidence from Geolocation Data (Sept. 22, 2020), NYU Stern School of Business (forthcoming), available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3695249; Grace McCormack et al., Economic Vulnerability of Households with Essential Workers, JAMA 324(4):388-90 (2020), available at https://jamanetwork.com/journals/jama/fullarticle/2767630.38 See, e.g., Joseph G. Courtney et al., Decreases in Young Children Who Received Blood Lead Level Testing During COVID-19 – 34 Jurisdictions, January-May 2020, Morb. Mort. Wkly. Rep. 70(5):155-61 (Feb. 5, 2021), https://www.cdc.gov/mmwr/volumes/70/wr/mm7005a2.htm; Emily A. Benfer & Lindsay F. Wiley, Health Justice Strategies to Combat COVID-19: Protecting Vulnerable Communities During a Pandemic, Health Affairs Blog (Mar. 19, 2020), https://www.healthaffairs.org/do/10.1377/hblog20200319.757883/full/.39 See, e.g., Centers for Disease Control and Prevention, supra note 34; Benfer & Wiley, supra note 38; Nathaniel M. Lewis et al., Disparities in COVID-19 Incidence, Hospitalizations, and Testing, by Area-Level Deprivation – Utah, March 3-July 9, 2020, Morb. Mortal. Wkly. Rep. 69(38):1369-73 (Sept. 25, 2020), https://www.cdc.gov/mmwr/volumes/69/wr/mm6938a4.htm.

has changed and will continue to change over time. To assess whether additional uses would be

eligible under this category, recipients should identify an effect of COVID-19 on public health,

including either or both of immediate effects or effects that may manifest over months or years,

and assess how the use would respond to or address the identified need.

The interim final rule identifies a non-exclusive list of uses that address the effects of the

COVID-19 public health emergency, including:

COVID-19 Mitigation and Prevention. A broad range of services and programming are

needed to contain COVID-19. Mitigation and prevention efforts for COVID-19 include

vaccination programs; medical care; testing; contact tracing; support for isolation or

quarantine; supports for vulnerable populations to access medical or public health

services; public health surveillance (e.g., monitoring case trends, genomic sequencing for

variants); enforcement of public health orders; public communication efforts;

enhancement to health care capacity, including through alternative care facilities;

purchases of personal protective equipment; support for prevention, mitigation, or other

services in congregate living facilities (e.g., nursing homes, incarceration settings,

homeless shelters, group living facilities) and other key settings like schools;40 ventilation

improvements in congregate settings, health care settings, or other key locations;

enhancement of public health data systems; and other public health responses.41 They

40 This includes implementing mitigation strategies consistent with the Centers for Disease Control and Prevention’s (CDC) Operational Strategy for K-12 Schools through Phased Prevention, available at https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/operation-strategy.html.41 Many of these expenses were also eligible in the CRF. Generally, funding uses eligible under CRF as a response to the direct public health impacts of COVID-19 will continue to be eligible under the ARPA, including those not explicitly listed here (e.g., telemedicine costs, costs to facilitate compliance with public health orders, disinfection of public areas, facilitating distance learning, increased solid waste disposal needs related to PPE, paid sick and paid family and medical leave to public employees to enable compliance with COVID–19 public health precautions), with the following two exceptions: 1) the standard for eligibility of public health and safety payrolls has been updated (see section II.A of this SUPPLEMENTARY INFORMATION) and 2) expenses related to the issuance of tax-anticipation notes are no longer an eligible funding use (see discussion of debt service in section II.B of this SUPPLEMENTARY INFORMATION).

also include capital investments in public facilities to meet pandemic operational needs,

such as physical plant improvements to public hospitals and health clinics or adaptations

to public buildings to implement COVID-19 mitigation tactics. These COVID-19

prevention and mitigation programs and services, among others, were eligible

expenditures under the CRF and are eligible uses under this category of eligible uses for

the Fiscal Recovery Funds.42

Medical Expenses. The COVID-19 public health emergency continues to have

devastating effects on public health; the United States continues to average hundreds of

deaths per day and the spread of new COVID-19 variants has raised new risks and

genomic surveillance needs.43 Moreover, our understanding of the potentially serious

and long-term effects of the virus is growing, including the potential for symptoms like

shortness of breath to continue for weeks or months, for multi-organ impacts from

COVID-19, or for post-intensive care syndrome.44 State and local governments may

need to continue to provide care and services to address these near- and longer-term

needs.45

Behavioral Health Care. In addition, new or enhanced State, local, and Tribal

government services may be needed to meet behavioral health needs exacerbated by the

pandemic and respond to other public health impacts. These services include mental

health treatment, substance misuse treatment, other behavioral health services, hotlines or

warmlines, crisis intervention, overdose prevention, infectious disease prevention, and

42 Coronavirus Relief Fund for States, Tribal Governments, and Certain Eligible Local Governments, 86 FR 4182 (Jan. 15, 2021), available at https://home.treasury.gov/system/files/136/CRF-Guidance-Federal-Register_2021-00827.pdf.43 Centers for Disease Control and Prevention, supra note 24.44 Centers for Disease Control and Prevention, Long-Term Effects (Apr. 8, 2021), https://www.cdc.gov/coronavirus/2019-ncov/long-term-effects.html (last visited Apr. 26, 2021).45 Pursuant to 42 CFR 433.51 and 45 CFR 75.306, Fiscal Recovery Funds may not serve as a State or locality’s contribution of certain Federal funds.

services or outreach to promote access to physical or behavioral health primary care and

preventative medicine.

Public Health and Safety Staff. Treasury recognizes that responding to the public health

and negative economic impacts of the pandemic, including administering the services

described above, requires a substantial commitment of State, local, and Tribal

government human resources. As a result, the Fiscal Recovery Funds may be used for

payroll and covered benefits expenses for public safety, public health, health care, human

services, and similar employees, to the extent that their services are devoted to mitigating

or responding to the COVID–19 public health emergency.46 Accordingly, the Fiscal

Recovery Funds may be used to support the payroll and covered benefits for the portion

of the employee’s time that is dedicated to responding to the COVID-19 public health

emergency. For administrative convenience, the recipient may consider public health and

safety employees to be entirely devoted to mitigating or responding to the COVID-19

public health emergency, and therefore fully covered, if the employee, or his or her

operating unit or division, is primarily dedicated to responding to the COVID-19 public

health emergency. Recipients may consider other presumptions for assessing the extent

to which an employee, division, or operating unit is engaged in activities that respond to

the COVID-19 public health emergency, provided that the recipient reassesses

periodically and maintains records to support its assessment, such as payroll records,

attestations from supervisors or staff, or regular work product or correspondence

46 In general, if an employee’s wages and salaries are an eligible use of Fiscal Recovery Funds, recipients may treat the employee’s covered benefits as an eligible use of Fiscal Recovery Funds. For purposes of the Fiscal Recovery Funds, covered benefits include costs of all types of leave (vacation, family-related, sick, military, bereavement, sabbatical, jury duty), employee insurance (health, life, dental, vision), retirement (pensions, 401(k)), unemployment benefit plans (Federal and state), workers compensation insurance, and Federal Insurance Contributions Act (FICA) taxes (which includes Social Security and Medicare taxes).

demonstrating work on the COVID-19 response. Recipients need not routinely track

staff hours.

Expenses to Improve the Design and Execution of Health and Public Health Programs.

State, local, and Tribal governments may use payments from the Fiscal Recovery Funds

to engage in planning and analysis in order to improve programs addressing the COVID-

19 pandemic, including through use of targeted consumer outreach, improvements to data

or technology infrastructure, impact evaluations, and data analysis.

Eligible Uses to Address Disparities in Public Health Outcomes. In addition, in recognition of

the disproportionate impacts of the COVID-19 pandemic on health outcomes in low-income and

Native American communities and the importance of mitigating these effects, the interim final

rule identifies a broader range of services and programs that will be presumed to be responding

to the public health emergency when provided in these communities. Specifically, Treasury will

presume that certain types of services, outlined below, are eligible uses when provided in a

Qualified Census Tract (QCT),47 to families living in QCTs, or when these services are provided

by Tribal governments.48 Recipients may also provide these services to other populations,

households, or geographic areas that are disproportionately impacted by the pandemic. In

identifying these disproportionately-impacted communities, recipients should be able to support

47 Qualified Census Tracts are a common, readily-accessible, and geographically granular method of identifying communities with a large proportion of low-income residents. Using an existing measure may speed implementation and decrease administrative burden, while identifying areas of need at a highly-localized level.

While QCTs are an effective tool generally, many tribal communities have households with a wide range of income levels due in part to non-tribal member, high income residents living in the community. Mixed income communities, with a significant share of tribal members at the lowest levels of income, are often not included as eligible QCTs yet tribal residents are experiencing disproportionate impacts due to the pandemic. Therefore, including all services provided by Tribal governments is a more effective means of ensuring that disproportionately impacted Tribal members can receive services.48 U.S. Department of Housing and Urban Development (HUD), Qualified Census Tracts and Difficult Development Areas, https://www.huduser.gov/portal/datasets/qct.html (last visited Apr. 26, 2021); U.S. Department of the Interior, Bureau of Indian Affairs, Indian Lands of Federally Recognized Tribes of the United States (June 2016), https://www.bia.gov/sites/bia.gov/files/assets/bia/ots/webteam/pdf/idc1-028635.pdf (last visited Apr. 26, 2021).

their determination that the pandemic resulted in disproportionate public health or economic

outcomes to the specific populations, households, or geographic areas to be served.

Given the exacerbation of health disparities during the pandemic and the role of pre-existing

social vulnerabilities in driving these disparate outcomes, services to address health disparities

are presumed to be responsive to the public health impacts of the pandemic. Specifically,

recipients may use payments from the Fiscal Recovery Funds to facilitate access to resources that

improve health outcomes, including services that connect residents with health care resources

and public assistance programs and build healthier environments, such as:

Funding community health workers to help community members access health

services and services to address the social determinants of health;49,

Funding public benefits navigators to assist community members with navigating

and applying for available Federal, State, and local public benefits or services;

Housing services to support healthy living environments and neighborhoods

conducive to mental and physical wellness;

Remediation of lead paint or other lead hazards to reduce risk of elevated blood lead

levels among children; and

Evidence-based community violence intervention programs to prevent violence and

mitigate the increase in violence during the pandemic.50

49 The social determinants of health are the social and environmental conditions that affect health outcomes, specifically economic stability, health care access, social context, neighborhoods and built environment, and education access. See, e.g., U.S. Department of Health and Human Services, Office of Disease Prevention and Health Promotion, Healthy People 2030: Social Determinants of Health, https://health.gov/healthypeople/objectives-and-data/social-determinants-health (last visited Apr. 26, 2021).50 National Commission on COVID-19 and Criminal Justice, Impact Report: COVID-19 and Crime (Jan. 31, 2021), https://covid19.counciloncj.org/2021/01/31/impact-report-covid-19-and-crime-3/ (showing a spike in homicide and assaults); Brad Boesrup et al., Alarming Trends in US domestic violence during the COVID-19 pandemic, Am. J. of Emerg. Med. 38(12): 2753-55 (Dec. 1, 2020), available at https://www.ajemjournal.com/article/S0735-6757(20)30307-7/fulltext (showing a spike in domestic violence).

2. Responding to Negative Economic Impacts

Impacts on Households and Individuals. The public health emergency, including the

necessary measures taken to protect public health, resulted in significant economic and financial

hardship for many Americans. As businesses closed, consumers stayed home, schools shifted to

remote education, and travel declined precipitously, over 20 million jobs were lost in March and

April 2020.51 Although many have returned to work, as of April 2021, the economy remains

8.2 million jobs below its pre-pandemic peak,52 and more than 3 million workers have dropped

out of the labor market altogether relative to February 2020.53

Rates of unemployment are particularly severe among workers of color and workers with

lower levels of educational attainment; for example, the overall unemployment rate in the United

States was 6.1 percent in April 2021, but certain groups saw much higher rates: 9.7 percent for

Black workers, 7.9 percent for Hispanic or Latino workers, and 9.3 percent for workers without a

high school diploma.54 Job losses have also been particularly steep among low wage workers,

with these workers remaining furthest from recovery as of the end of 2020.55 A severe

51 U.S. Bureau of Labor Statistics, All Employees, Total Nonfarm (PAYEMS), retrieved from FRED, Federal Reserve Bank of St. Louis; https://fred.stlouisfed.org/series/PAYEMS (last visited May 8, 2021).52 Id.53 U.S. Bureau of Labor Statistics, Civilian Labor Force Level [CLF16OV], retrieved from FRED, Federal Reserve Bank of St. Louis, https://fred.stlouisfed.org/series/CLF16OV (last visited May 8, 2021).54 U.S. Bureau of Labor Statistics, Labor Force Statistics from the Current Population Survey: Employment status of the civilian population by sex and age (May 8 2021), https://www.bls.gov/news.release/empsit.t01.htm (last visited May 8, 2021); U.S. Bureau of Labor Statistics, Labor Force Statistics from the Current Population Survey: Employment status of the civilian noninstitutional population by race, Hispanic or Latino ethnicity, sex, and age (May 8, 2021), https://www.bls.gov/web/empsit/cpseea04.htm (last visited May 8, 2021); U.S. Bureau of Labor Statistics, Labor Force Statistics from the Current Population Survey: Employment status of the civilian noninstitutional population 25 years and over by educational attainment (May 8, 2021), https://www.bls.gov/web/empsit/cpseea05.htm (last visited May 8, 2021).55 Elise Gould & Jori Kandra, Wages grew in 2020 because the bottom fell out of the low-wage labor market, Economic Policy Institute (Feb. 24, 2021), https://files.epi.org/pdf/219418.pdf. See also, Michael Dalton et al., The K-Shaped Recovery: Examining the Diverging Fortunes of Workers in the Recovery from the COVID-19 Pandemic using Business and Household Survey Microdata¸ U.S. Bureau of Labor Statistics Working Paper Series (Feb. 2021), https://www.bls.gov/osmr/research-papers/2021/pdf/ec210020.pdf.

recession–and its concentrated impact among low-income workers–has amplified food and

housing insecurity, with an estimated nearly 17 million adults living in households where there is

sometimes or often not enough food to eat and an estimated 10.7 million adults living in

households that were not current on rent.56 Over the course of the pandemic, inequities also

manifested along gender lines, as schools closed to in-person activities, leaving many working

families without child care during the day.57 Women of color have been hit especially hard: the

labor force participation rate for Black women has fallen by 3.2 percentage points58 during the

pandemic as compared to 1.0 percentage points for Black men59 and 2.0 percentage points for

White women.60

As the economy recovers, the effects of the pandemic-related recession may continue to

impact households, including a risk of longer-term effects on earnings and economic potential.

For example, unemployed workers, especially those who have experienced longer periods of

unemployment, earn lower wages over the long term once rehired.61 In addition to the labor

56 Center on Budget and Policy Priorities, Tracking the COVID-19 Recession’s Effects on Food, Housing, and Employment Hardships, https://www.cbpp.org/research/poverty-and-inequality/tracking-the-covid-19-recessions-effects-on-food-housing-and (last visited May 8, 2021).57 Women have carried a larger share of childcare responsibilities than men during the COVID-19 crisis. See, e.g., Gema Zamarro & María J. Prados, Gender differences in couples’ division of childcare, work and mental health during COVID-19, Rev. Econ. Household 19:11-40 (2021), available at https://link.springer.com/article/10.1007/s11150-020-09534-7; Titan Alon et al., The Impact of COVID-19 on Gender Equality, National Bureau of Economic Research Working Paper 26947 (April 2020), available at https://www.nber.org/papers/w26947. 58 U.S. Bureau of Labor Statistics, Labor Force Participation Rate - 20 Yrs. & Over, Black or African American Women [LNS11300032], retrieved from FRED, Federal Reserve Bank of St. Louis; https://fred.stlouisfed.org/series/LNS11300032 (last visited May 8, 2021).59 U.S. Bureau of Labor Statistics, Labor Force Participation Rate - 20 Yrs. & Over, Black or African American Men [LNS11300031], retrieved from FRED, Federal Reserve Bank of St. Louis; https://fred.stlouisfed.org/series/LNS11300031 (last visited May 8, 2021).60 U.S. Bureau of Labor Statistics, Labor Force Participation Rate - 20 Yrs. & Over, White Women [LNS11300029], retrieved from FRED, Federal Reserve Bank of St. Louis; https://fred.stlouisfed.org/series/LNS11300029 (last visited May 8, 2021).61 See, e.g., Michael Greenstone & Adam Looney, Unemployment and Earnings Losses: A Look at Long-Term Impacts of the Great Recession on American Workers, Brookings Institution (Nov. 4, 2021), https://www.brookings.edu/blog/jobs/2011/11/04/unemployment-and-earnings-losses-a-look-at-long-term-impacts-of-the-great-recession-on-american-workers/.

market consequences for unemployed workers, recessions can also cause longer-term economic

challenges through, among other factors, damaged consumer credit scores62 and reduced familial

and childhood wellbeing.63 These potential long-term economic consequences underscore the

continued need for robust policy support.

Impacts on Businesses. The pandemic has also severely impacted many businesses, with

small businesses hit especially hard. Small businesses make up nearly half of U.S. private-sector

employment64 and play a key role in supporting the overall economic recovery as they are

responsible for two-thirds of net new jobs.65 Since the beginning of the pandemic, however,

400,000 small businesses have closed, with many more at risk.66 Sectors with a large share of

small business employment have been among those with the most drastic drops in employment.67

The negative outlook for small businesses has continued: as of April 2021, approximately

70 percent of small businesses reported that the pandemic has had a moderate or large negative

effect on their business, and over a third expect that it will take over 6 months for their business

to return to their normal level of operations.68

62 Chi Chi Wu, Solving the Credit Conundrum: Helping Consumers’ Credit Records Impaired by the Foreclosure Crisis and Great Recession (Dec. 2013), https://www.nclc.org/images/pdf/credit_reports/report-credit-conundrum-2013.pdf.63 Irwin Garfinkel, Sara McLanahan, Christopher Wimer, eds., Children of the Great Recession, Russell Sage Foundation (Aug. 2016), available at https://www.russellsage.org/publications/children-great-recession. 64 Board of Governors of the Federal Reserve System, supra note 5.65 U.S. Small Business Administration, Office of Advocacy, Small Businesses Generate 44 Percent of U.S. Economic Activity (Jan. 30, 2019), https://advocacy.sba.gov/2019/01/30/small-businesses-generate-44-percent-of-u-s-economic-activity/.66 Biden, supra note 6.67 Daniel Wilmoth, U.S. Small Business Administration Office of Advocacy, The Effects of the COVID-19 Pandemic on Small Businesses, Issue Brief No. 16 (Mar. 2021), available at https://cdn.advocacy.sba.gov/wp-content/uploads/2021/03/02112318/COVID-19-Impact-On-Small-Business.pdf.68 U.S. Census Bureau, Small Business Pulse Survey, https://portal.census.gov/pulse/data/ (last visited May 8, 2021).

This negative outlook is likely the result of many small businesses having faced periods

of closure and having seen declining revenues as customers stayed home.69 In general, small

businesses can face greater hurdles in accessing credit,70 and many small businesses were already

financially fragile at the outset of the pandemic.71 Non-profits, which provide vital services to

communities, have similarly faced economic and financial challenges due to the pandemic.72

Impacts to State, Local, and Tribal Governments. State, local, and Tribal governments

have felt substantial fiscal pressures. As noted above, State, local, and Tribal governments have

faced significant revenue shortfalls and remain over 1 million jobs below their pre-pandemic

staffing levels.73 These reductions in staffing may undermine the ability to deliver services

effectively, as well as add to the number of unemployed individuals in their jurisdictions.

Exacerbation of Pre-existing Disparities. The COVID-19 public health emergency may

have lasting negative effects on economic outcomes, particularly in exacerbating disparities that

existed prior to the pandemic.

The negative economic impacts of the COVID-19 pandemic are particularly pronounced

in certain communities and families. Low- and moderate-income jobs make up a substantial

69 Olivia S. Kim et al., Revenue Collapses and the Consumption of Small Business Owners in the Early Stages of the COVID-19 Pandemic (Nov. 2020), https://www.nber.org/papers/w28151.70 See e.g., Board of Governors of the Federal Reserve System, Report to Congress on the Availability of Credit to Small Businesses (Sept. 2017), available at https://www.federalreserve.gov/publications/2017-september-availability-of-credit-to-small-businesses.htm.71 Alexander W. Bartik et al., The Impact of COVID-19 on small business outcomes and expectations, PNAS 117(30): 17656-66 (July 28, 2020), available at https://www.pnas.org/content/117/30/17656. 72 Federal Reserve Bank of San Francisco, Impacts of COVID-19 on Nonprofits in the Western United States (May 2020), https://www.frbsf.org/community-development/files/impact-of-covid-nonprofits-serving-western-united-states.pdf.73 Bureau of Labor Statistics, supra note 8; Elijah Moreno & Heather Sobrepena, Tribal entities remain resilient as COVID-19 batters their finances, Federal Reserve Bank of Minneapolis (Nov. 10, 2021), https://www.minneapolisfed.org/article/2020/tribal-entities-remain-resilient-as-covid-19-batters-their-finances.

portion of both total pandemic job losses,74 and jobs that require in-person frontline work, which

are exposed to greater risk of contracting COVID-19.75 Both factors compound pre-existing

vulnerabilities and the likelihood of food, housing, or other financial insecurity in low- and

moderate-income families and, given the concentration of low- and moderate-income families

within certain communities,76 raise a substantial risk that the effects of the COVID-19 public

health emergency will be amplified within these communities.

These compounding effect of recessions on concentrated poverty and the long-lasting

nature of this effect were observed after the 2007-2009 recession, including a large increase in

concentrated poverty with the number of people living in extremely poor neighborhoods more

than doubling by 2010-2014 relative to 2000.77 Concentrated poverty has a range of deleterious

impacts, including additional burdens on families and reduced economic potential and social

cohesion.78 Given the disproportionate impact of COVID-19 on low-income households

discussed above, there is a risk that the current pandemic-induced recession could further

increase concentrated poverty and cause long-term damage to economic prospects in

neighborhoods of concentrated poverty.

The negative economic impacts of COVID-19 also include significant impacts to children

in disproportionately affected families and include impacts to education, health, and welfare, all

74 Kim Parker et al., Economic Fallout from COVID-19 Continues to Hit Lower-Income Americans the Hardest, Pew Research Center (Sept. 24, 2020), https://www.pewresearch.org/social-trends/2020/09/24/economic-fallout-from-covid-19-continues-to-hit-lower-income-americans-the-hardest/; Gould, supra note 55.75 See infra Section II.B of this Supplementary Information.76 Elizabeth Kneebone, The Changing geography of US poverty, Brookings Institution (Feb. 15, 2017), https://www.brookings.edu/testimonies/the-changing-geography-of-us-poverty/.77 Elizabeth Kneebone & Natalie Holmes, U.S. concentrated poverty in the wake of the Great Recession, Brookings Institution (Mar. 31, 2016), https://www.brookings.edu/research/u-s-concentrated-poverty-in-the-wake-of-the-great-recession/. 78 David Erickson et al., The Enduring Challenge of Concentrated Poverty in America: Case Studies from Communities Across the U.S. (2008), available at https://www.frbsf.org/community-development/files/cp_fullreport.pdf.

of which contribute to long-term economic outcomes.79 Many low-income and minority

students, who were disproportionately served by remote or hybrid education during the

pandemic, lacked the resources to participate fully in remote schooling or live in households

without adults available throughout the day to assist with online coursework.80 Given these

trends, the pandemic may widen educational disparities and worsen outcomes for low-income

students,81 an effect that would substantially impact their long-term economic outcomes.

Increased economic strain or material hardship due to the pandemic could also have a long-term

impact on health, educational, and economic outcomes of young children.82 Evidence suggests

that adverse conditions in early childhood, including exposure to poverty, food insecurity,

housing insecurity, or other economic hardships, are particularly impactful.83

The pandemic’s disproportionate economic impacts are also seen in Tribal communities

across the country—for Tribal governments as well as families and businesses on and off Tribal

79 Educational quality, as early as Kindergarten, has a long-term impact on children’s public health and economic outcomes. See, e.g., Tyler W. Watts et al., The Chicago School Readiness Project: Examining the long-term impacts of an early childhood intervention, PLoS ONE 13(7) (2018), available at https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0200144; Opportunity Insights, How Can We Amplify Education as an Engine of Mobility? Using big data to help children get the most from school, https://opportunityinsights.org/education/ (last visited Apr. 26, 2021); U.S. Department of Health and Human Services (HHS), Office of Disease Prevention and Health Promotion, Early Childhood Development and Education, https://www.healthypeople.gov/2020/topics-objectives/topic/social-determinants-health/interventions-resources/early-childhood-development-and-education (last visited Apr. 26, 2021).80 See, e.g., Bacher-Hicks, supra note 14. 81 A Department of Education survey found that, as of February 2021, 42 percent of fourth grade students nationwide were offered only remote education, compared to 48 percent of economically disadvantaged students, 54 percent of Black students and 57 percent of Hispanic students. Large districts often disproportionately serve low-income students. See Institute of Education Sciences, Monthly School Survey Dashboard, https://ies.ed.gov/schoolsurvey/ (last visited Apr. 26, 2021). In summer 2020, a review found that 74 percent of the largest 100 districts chose remote learning only. See Education Week, School Districts’ Reopening Plans: A Snapshot (Jul. 15, 2020), https://www.edweek.org/leadership/school-districts-reopening-plans-a-snapshot/2020/07 (last visited May 4, 2021).82 HHS, supra note 79.83 Hirokazu Yoshikawa, Effects of the Global Coronavirus Disease – 2019 Pandemic on Early Childhood Development: Short- and Long-Term Risks and Mitigating Program and Policy Actions, J. of Pediatrics Vol. 223:188-93 (Aug. 1, 2020), available at https://www.jpeds.com/article/S0022-3476(20)30606-5/abstract.

lands. In the early months of the pandemic, Native American unemployment spiked to

26 percent and, while partially recovered, remains at nearly 11 percent.84 Tribal enterprises are a

significant source of revenue for Tribal governments to support the provision of government

services. These enterprises, notably concentrated in gaming, tourism, and hospitality, frequently

closed, significantly reducing both revenues to Tribal governments and employment. As a result,

Tribal governments have reduced essential services to their citizens and communities.85

Eligible Uses. Sections 602(c)(1)(A) and 603(c)(1)(A) permit use of payments from the

Fiscal Recovery Funds to respond to the negative economic impacts of the COVID-19 public

health emergency. Eligible uses that respond to the negative economic impacts of the public

health emergency must be designed to address an economic harm resulting from or exacerbated

by the public health emergency. In considering whether a program or service would be eligible

under this category, the recipient should assess whether, and the extent to which, there has been

an economic harm, such as loss of earnings or revenue, that resulted from the COVID-19 public

health emergency and whether, and the extent to which, the use would respond or address this

harm.86 A recipient should first consider whether an economic harm exists and whether this

harm was caused or made worse by the COVID-19 public health emergency. While economic

impacts may either be immediate or delayed, assistance or aid to individuals or businesses that

did not experience a negative economic impact from the public health emergency would not be

an eligible use under this category.

84 Based on calculations conducted by the Minneapolis Fed’s Center for Indian Country Development using Flood et al. (2020)’s Current Population Survey.” Sarah Flood, Miriam King, Renae Rodgers, Steven Ruggles and J. Robert Warren. Integrated Public Use Microdata Series, Current Population Survey: Version 8.0 [dataset]. Minneapolis, MN: IPUMS, 2020. https://doi.org/10.18128/D030.V8.0; see also Donna Feir & Charles Golding, Native Employment During COVID-19: Hard hit in April but Starting to Rebount? (Aug. 5, 2020), https://www.minneapolisfed.org/article/2020/native-employment-during-covid-19-hit-hard-in-april-but-starting-to-rebound. 85 Moreno & Sobrepena, supra note 73.86 In some cases, a use may be permissible under another eligible use category even if it falls outside the scope of section (c)(1)(A) of the Act.

In addition, the eligible use must “respond to” the identified negative economic impact.

Responses must be related and reasonably proportional to the extent and type of harm

experienced; uses that bear no relation or are grossly disproportionate to the type or extent of

harm experienced would not be eligible uses. Where there has been a negative economic impact

resulting from the public health emergency, States, local, and Tribal governments have broad

latitude to choose whether and how to use the Fiscal Recovery Funds to respond to and address

the negative economic impact. Sections 602(c)(1)(A) and 603(c)(1)(A) describe several types of

uses that would be eligible under this category, including assistance to households, small

businesses, and nonprofits and aid to impacted industries such as tourism, travel, and hospitality.

To facilitate implementation and use of payments from the Fiscal Recovery Funds, the

interim final rule identifies a non-exclusive list of eligible uses of funding that respond to the

negative economic impacts of the public health emergency. Consistent with the discussion

above, the eligible uses listed below would respond directly to the economic or financial harms

resulting from and or exacerbated by the public health emergency.

Assistance to Unemployed Workers. This includes assistance to unemployed

workers, including services like job training to accelerate rehiring of unemployed

workers; these services may extend to workers unemployed due to the pandemic or

the resulting recession, or who were already unemployed when the pandemic

began and remain so due to the negative economic impacts of the pandemic.

State Unemployment Insurance Trust Funds. Consistent with the approach taken

in the CRF, recipients may make deposits into the state account of the

Unemployment Trust Fund established under section 904 of the Social Security

Act (42 U.S.C. 1104) up to the level needed to restore the pre-pandemic balances

of such account as of January 27, 2020 or to pay back advances received under

Title XII of the Social Security Act (42 U.S.C. 1321) for the payment of benefits

between January 27, 2020 and [INSERT DATE OF PUBLICATION IN THE

FEDERAL REGISTER], given the close nexus between Unemployment Trust

Fund costs, solvency of Unemployment Trust Fund systems, and pandemic

economic impacts. Further, Unemployment Trust Fund deposits can decrease

fiscal strain on Unemployment Insurance systems impacted by the pandemic.

States facing a sharp increase in Unemployment Insurance claims during the

pandemic may have drawn down positive Unemployment Trust Fund balances

and, after exhausting the balance, required advances to fund continuing obligations

to claimants. Because both of these impacts were driven directly by the need for

assistance to unemployed workers during the pandemic, replenishing

Unemployment Trust Funds up to the pre-pandemic level responds to the

pandemic’s negative economic impacts on unemployed workers.

Assistance to Households. Assistance to households or populations facing

negative economic impacts due to COVID-19 is also an eligible use. This

includes: food assistance; rent, mortgage, or utility assistance; counseling and legal

aid to prevent eviction or homelessness; cash assistance (discussed below);

emergency assistance for burials, home repairs, weatherization, or other needs;

internet access or digital literacy assistance; or job training to address negative

economic or public health impacts experienced due to a worker’s occupation or

level of training. As discussed above, in considering whether a potential use is

eligible under this category, a recipient must consider whether, and the extent to

which, the household has experienced a negative economic impact from the

pandemic. In assessing whether a household or population experienced economic

harm as a result of the pandemic, a recipient may presume that a household or

population that experienced unemployment or increased food or housing insecurity

or is low- or moderate-income experienced negative economic impacts resulting

from the pandemic. For example, a cash transfer program may focus on

unemployed workers or low- and moderate-income families, which have faced

disproportionate economic harms due to the pandemic. Cash transfers must be

reasonably proportional to the negative economic impact they are intended to

address. Cash transfers grossly in excess of the amount needed to address the

negative economic impact identified by the recipient would not be considered to be

a response to the COVID-19 public health emergency or its negative impacts. In

particular, when considering the appropriate size of permissible cash transfers

made in response to the COVID-19 public health emergency, State, local and

Tribal governments may consider and take guidance from the per person amounts

previously provided by the Federal Government in response to the COVID-19

crisis. Cash transfers that are grossly in excess of such amounts would be outside

the scope of eligible uses under sections 602(c)(1)(A) and 603(c)(1)(A) and could

be subject to recoupment. In addition, a recipient could provide survivor’s benefits

to surviving family members of COVID-19 victims, or cash assistance to widows,

widowers, and dependents of eligible COVID-19 victims.

Expenses to Improve Efficacy of Economic Relief Programs. State, local, and

Tribal governments may use payments from the Fiscal Recovery Funds to improve

efficacy of programs addressing negative economic impacts, including through use

of data analysis, targeted consumer outreach, improvements to data or technology

infrastructure, and impact evaluations.

Small Businesses and Non-profits. As discussed above, small businesses and non-

profits faced significant challenges in covering payroll, mortgages or rent, and

other operating costs as a result of the public health emergency and measures taken

to contain the spread of the virus. State, local, and Tribal governments may

provide assistance to small businesses to adopt safer operating procedures, weather

periods of closure, or mitigate financial hardship resulting from the COVID-19

public health emergency, including:

o Loans or grants to mitigate financial hardship such as declines in revenues

or impacts of periods of business closure, for example by supporting

payroll and benefits costs, costs to retain employees, mortgage, rent, or

utilities costs, and other operating costs;

o Loans, grants, or in-kind assistance to implement COVID-19 prevention

or mitigation tactics, such as physical plant changes to enable social

distancing, enhanced cleaning efforts, barriers or partitions, or COVID-19

vaccination, testing, or contact tracing programs; and

o Technical assistance, counseling, or other services to assist with business

planning needs.

As discussed above, these services should respond to the negative economic

impacts of COVID-19. Recipients may consider additional criteria to target

assistance to businesses in need, including small businesses. Such criteria may

include businesses facing financial insecurity, substantial declines in gross

receipts (e.g., comparable to measures used to assess eligibility for the Paycheck

Protection Program), or other economic harm due to the pandemic, as well as

businesses with less capacity to weather financial hardship, such as the smallest

businesses, those with less access to credit, or those serving disadvantaged

communities. Recipients should consider local economic conditions and business

data when establishing such criteria.87

87 See Federal Reserve Bank of Cleveland, An Uphill Battle: COVID-19’s Outsized Toll on Minority-Owned Firms (Oct. 8, 2020), https://www.clevelandfed.org/newsroom-and-events/publications/community-development-briefs/db-20201008-misera-report.aspx (discussing the impact of COVID-19 on minority owned businesses).

Rehiring State, Local, and Tribal Government Staff. State, local, and Tribal

governments continue to see pandemic impacts in overall staffing levels: State,

local, and Tribal government employment remains more than 1 million jobs lower

in April 2021 than prior to the pandemic.88 Employment losses decrease a state or

local government’s ability to effectively administer services. Thus, the interim

final rule includes as an eligible use payroll, covered benefits, and other costs

associated with rehiring public sector staff, up to the pre-pandemic staffing level

of the government.

Aid to Impacted Industries. Sections 602(c)(1)(A) and 603(c)(1)(A) recognize

that certain industries, such as tourism, travel, and hospitality, were

disproportionately and negatively impacted by the COVID-19 public health

emergency. Aid provided to tourism, travel, and hospitality industries should

respond to the negative economic impacts of the pandemic on those and similarly

impacted industries. For example, aid may include assistance to implement

COVID-19 mitigation and infection prevention measures to enable safe

resumption of tourism, travel, and hospitality services, for example,

improvements to ventilation, physical barriers or partitions, signage to facilitate

social distancing, provision of masks or personal protective equipment, or

consultation with infection prevention professionals to develop safe reopening

plans.

Aid may be considered responsive to the negative economic impacts of the

pandemic if it supports businesses, attractions, business districts, and Tribal

88 U.S. Bureau of Labor Statistics, All Employees, State Government [CES9092000001] and All Employees, Local Government [CES9093000001], retrieved from FRED, Federal Reserve Bank of St. Louis, https://fred.stlouisfed.org/series/CES9092000001 and https://fred.stlouisfed.org/series/CES9093000001 (last visited May 8, 2021).

development districts operating prior to the pandemic and affected by required

closures and other efforts to contain the pandemic. For example, a recipient may

provide aid to support safe reopening of businesses in the tourism, travel, and

hospitality industries and to business districts that were closed during the COVID-

19 public health emergency, as well as aid for a planned expansion or upgrade of

tourism, travel, and hospitality facilities delayed due to the pandemic.

When considering providing aid to industries other than tourism, travel,

and hospitality, recipients should consider the extent of the economic impact as

compared to tourism, travel, and hospitality, the industries enumerated in the

statute. For example, on net, the leisure and hospitality industry has experienced

an approximately 24 percent decline in revenue and approximately 17 percent

decline in employment nationwide due to the COVID-19 public health

emergency.89 Recipients should also consider whether impacts were due to the

COVID-19 pandemic, as opposed to longer-term economic or industrial trends

unrelated to the pandemic.

To facilitate transparency and accountability, the interim final rule

requires that State, local, and Tribal governments publicly report assistance

provided to private-sector businesses under this eligible use, including tourism,

travel, hospitality, and other impacted industries, and its connection to negative

economic impacts of the pandemic. Recipients also should maintain records to

support their assessment of how businesses or business districts receiving

89 From February 2020 to April 2021, employment in “Leisure and hospitality” has fallen by approximately 17 percent. See U.S. Bureau of Labor Statistics, All Employees, Leisure and Hospitality, retrieved from FRED, Federal Reserve Bank of St. Louis, https://fred.stlouisfed.org/series/USLAH (last visited May 8, 2021). From 2019Q4 to 2020Q4, gross output (e.g. revenue) in arts, entertainment, recreation, accommodation, and food services has fallen by approximately 24 percent. See Bureau of Economic Analysis, News Release: Gross Domestic Product (Third Estimate), Corporate Profits, and GDP by Industry, Fourth Quarter and Year 2020 (Mar. 25, 2021), Table 17, https://www.bea.gov/sites/default/files/2021-03/gdp4q20_3rd.pdf.

assistance were affected by the negative economic impacts of the pandemic and

how the aid provided responds to these impacts.

As discussed above, economic disparities that existed prior to the COVID-19 public

health emergency amplified the impact of the pandemic among low-income and minority groups.

These families were more likely to face housing, food, and financial insecurity; are over-

represented among low-wage workers; and many have seen their livelihoods deteriorate further

during the pandemic and economic contraction. In recognition of the disproportionate negative

economic impacts on certain communities and populations, the interim final rule identifies

services and programs that will be presumed to be responding to the negative economic impacts

of the COVID-19 public health emergency when provided in these communities.

Specifically, Treasury will presume that certain types of services, outlined below, are

eligible uses when provided in a QCT, to families and individuals living in QCTs, or when these

services are provided by Tribal governments.90 Recipients may also provide these services to

other populations, households, or geographic areas disproportionately impacted by the pandemic.

In identifying these disproportionately impacted communities, recipients should be able to

support their determination that the pandemic resulted in disproportionate public health or

economic outcomes to the specific populations, households, or geographic areas to be served.

The interim final rule identifies a non-exclusive list of uses that address the disproportionate

negative economic effects of the COVID-19 public health emergency, including:

o Building Stronger Communities through Investments in Housing and Neighborhoods. The

economic impacts of COVID-19 have likely been most acute in lower-income

neighborhoods, including concentrated areas of high unemployment, limited economic

90 HUD, supra note 48.

opportunity, and housing insecurity.91 Services in this category alleviate the immediate

economic impacts of the COVID-19 pandemic on housing insecurity, while addressing

conditions that contributed to poor public health and economic outcomes during the

pandemic, namely concentrated areas with limited economic opportunity and inadequate

or poor-quality housing.92 Eligible services include:

Services to address homelessness such as supportive housing, and to improve

access to stable, affordable housing among unhoused individuals;

Affordable housing development to increase supply of affordable and high-quality

living units; and

Housing vouchers, residential counseling, or housing navigation assistance to

facilitate household moves to neighborhoods with high levels of economic

opportunity and mobility for low-income residents, to help residents increase their

economic opportunity and reduce concentrated areas of low economic

opportunity.93

o Addressing Educational Disparities. As outlined above, school closures and the

transition to remote education raised particular challenges for lower-income students,

potentially exacerbating educational disparities, while increases in economic hardship

among families could have long-lasting impacts on children’s educational and economic

91 Stuart M. Butler & Jonathan Grabinsky, Tackling the legacy of persistent urban inequality and concentrated poverty, Brookings Institution (Nov. 16, 2020), https://www.brookings.edu/blog/up-front/2020/11/16/tackling-the-legacy-of-persistent-urban-inequality-and-concentrated-poverty/.92 U.S. Department of Health and Human Services (HHS), Office of Disease Prevention and Health Promotion, Quality of Housing, https://www.healthypeople.gov/2020/topics-objectives/topic/social-determinants-health/interventions-resources/quality-of-housing#11 (last visited Apr. 26, 2021).93 The Opportunity Atlas, https://www.opportunityatlas.org/ (last visited Apr. 26, 2021); Raj Chetty & Nathaniel Hendren, The Impacts of Neighborhoods on Intergenerational Mobility I: Childhood Exposure Effects, Quarterly J. of Econ. 133(3):1107-162 (2018), available at https://opportunityinsights.org/paper/neighborhoodsi/.

prospects. Services under this prong would enhance educational supports to help

mitigate impacts of the pandemic. Eligible services include:

New, expanded, or enhanced early learning services, including pre-kindergarten,

Head Start, or partnerships between pre-kindergarten programs and local

education authorities, or administration of those services;

Providing assistance to high-poverty school districts to advance equitable funding

across districts and geographies;

Evidence-based educational services and practices to address the academic needs

of students, including tutoring, summer, afterschool, and other extended learning

and enrichment programs; and

Evidence-based practices to address the social, emotional, and mental health

needs of students;

o Promoting Healthy Childhood Environments. Children’s economic and family

circumstances have a long-term impact on their future economic outcomes.94 Increases in

economic hardship, material insecurity, and parental stress and behavioral health

challenges all raise the risk of long-term harms to today’s children due to the pandemic.

Eligible services to address this challenge include:

New or expanded high-quality childcare to provide safe and supportive care for

children;

Home visiting programs to provide structured visits from health, parent educators,

and social service professionals to pregnant women or families with young

children to offer education and assistance navigating resources for economic

support, health needs, or child development; and

94 See supra notes 52 and 84.

Enhanced services for child welfare-involved families and foster youth to provide

support and training on child development, positive parenting, coping skills, or

recovery for mental health and substance use challenges.

State, local, and Tribal governments are encouraged to use payments from the Fiscal

Recovery Funds to respond to the direct and immediate needs of the pandemic and its negative

economic impacts and, in particular, the needs of households and businesses that were

disproportionately and negatively impacted by the public health emergency. As highlighted

above, low-income communities and workers and people of color have faced more severe health

and economic outcomes during the pandemic, with pre-existing social vulnerabilities like low-

wage or insecure employment, concentrated neighborhoods with less economic opportunity, and

pre-existing health disparities likely contributing to the magnified impact of the pandemic. The

Fiscal Recovery Funds provide resources to not only respond to the immediate harms of the

pandemic but also to mitigate its longer-term impact in compounding the systemic public health

and economic challenges of disproportionately impacted populations. Treasury encourages

recipients to consider funding uses that foster a strong, inclusive, and equitable recovery,

especially uses with long-term benefits for health and economic outcomes.

Uses Outside the Scope of this Category. Certain uses would not be within the scope of

this eligible use category, although may be eligible under other eligible use categories. A

general infrastructure project, for example, typically would not be included unless the project

responded to a specific pandemic public health need (e.g., investments in facilities for the

delivery of vaccines) or a specific negative economic impact like those described above (e.g.,

affordable housing in a QCT). The ARPA explicitly includes infrastructure if it is “necessary”

and in water, sewer, or broadband. See Section II.D of this Supplementary Information. State,

local, and Tribal governments also may use the Fiscal Recovery Funds under

sections 602(c)(1)(C) or 603(c)(1)(C) to provide “government services” broadly to the extent of

their reduction in revenue. See Section II.C of this Supplementary Information.

This category of eligible uses also would not include contributions to rainy day funds,

financial reserves, or similar funds. Resources made available under this eligible use category

are intended to help meet pandemic response needs and provide relief for households and

businesses facing near- and long-term negative economic impacts. Contributions to rainy day

funds and similar financial reserves would not address these needs or respond to the COVID-19

public health emergency but would rather constitute savings for future spending needs.

Similarly, this eligible use category would not include payment of interest or principal on

outstanding debt instruments, including, for example, short-term revenue or tax anticipation

notes, or other debt service costs. As discussed below, payments from the Fiscal Recovery

Funds are intended to be used prospectively and the interim final rule precludes use of these

funds to cover the costs of debt incurred prior to March 3, 2021. Fees or issuance costs

associated with the issuance of new debt would also not be covered using payments from the

Fiscal Recovery Funds because such costs would not themselves have been incurred to address

the needs of pandemic response or its negative economic impacts. The purpose of the Fiscal

Recovery Funds is to provide fiscal relief that will permit State, local, and Tribal governments to

continue to respond to the COVID-19 public health emergency.

For the same reasons, this category of eligible uses would not include satisfaction of any

obligation arising under or pursuant to a settlement agreement, judgment, consent decree, or

judicially confirmed debt restructuring plan in a judicial, administrative, or regulatory

proceeding, except to the extent the judgment or settlement requires the provision of services that

would respond to the COVID-19 public health emergency. That is, satisfaction of a settlement

or judgment would not itself respond to COVID-19 with respect to the public health emergency

or its negative economic impacts, unless the settlement requires the provision of services or aid

that did directly respond to these needs, as described above.

In addition, as described in Section V.III of this SUPPLEMENTARY INFORMATION,

Treasury will establish reporting and record keeping requirements for uses within this category,

including enhanced reporting requirements for certain types of uses.

Question 1: Are there other types of services or costs that Treasury should consider as

eligible uses to respond to the public health impacts of COVID-19? Describe how these respond

to the COVID-19 public health emergency.

Question 2: The interim final eule permits coverage of payroll and benefits costs of public

health and safety staff primarily dedicated to COVID-19 response, as well as rehiring of public

sector staff up to pre-pandemic levels. For how long should these measures remain in place?

What other measures or presumptions might Treasury consider to assess the extent to which

public sector staff are engaged in COVID-19 response, and therefore reimbursable, in an easily-

administrable manner?

Question 3: The interim final rule permits rehiring of public sector staff up to the

government’s pre-pandemic staffing level, which is measured based on employment as of

January 27, 2020. Does this approach adequately measure the pre-pandemic staffing level in a

manner that is both accurate and easily administrable? Why or why not?

Question 4: The interim final rule permits deposits to Unemployment Insurance Trust Funds,

or using funds to pay back advances, up to the pre-pandemic balance. What, if any, conditions

should be considered to ensure that funds repair economic impacts of the pandemic and

strengthen unemployment insurance systems?

Question 5: Are there other types of services or costs that Treasury should consider as

eligible uses to respond to the negative economic impacts of COVID-19? Describe how these

respond to the COVID-19 public health emergency.

Question 6: What other measures, presumptions, or considerations could be used to assess

“impacted industries” affected by the COVID-19 public health emergency?

Question 7: What are the advantages and disadvantages of using Qualified Census Tracts

and services provided by Tribal governments to delineate where a broader range of eligible uses

are presumed to be responsive to the public health and economic impacts of COVID-19? What

other measures might Treasury consider? Are there other populations or geographic areas that

were disproportionately impacted by the pandemic that should be explicitly included?

Question 8: Are there other services or costs that Treasury should consider as eligible uses

to respond to the disproportionate impacts of COVID-19 on low-income populations and

communities? Describe how these respond to the COVID-19 public health emergency or its

negative economic impacts, including its exacerbation of pre-existing challenges in these areas.

Question 9: The interim final rule includes eligible uses to support affordable housing and

stronger neighborhoods in disproportionately-impacted communities. Discuss the advantages

and disadvantages of explicitly including other uses to support affordable housing and stronger

neighborhoods, including rehabilitation of blighted properties or demolition of abandoned or

vacant properties. In what ways does, or does not, this potential use address public health or

economic impacts of the pandemic? What considerations, if any, could support use of Fiscal

Recovery Funds in ways that do not result in resident displacement or loss of affordable housing

units?

B. Premium Pay

Fiscal Recovery Funds payments may be used by recipients to provide premium pay to eligible

workers performing essential work during the COVID-19 public health emergency or to provide

grants to third-party employers with eligible workers performing essential work.95 These are

workers who have been and continue to be relied on to maintain continuity of operations of

essential critical infrastructure sectors, including those who are critical to protecting the health

and wellbeing of their communities.

95 Sections 602(c)(1)(B), 603(c)(1)(B) of the Act.

Since the start of the COVID-19 public health emergency in January 2020, essential

workers have put their physical wellbeing at risk to meet the daily needs of their communities

and to provide care for others. In the course of this work, many essential workers have

contracted or died of COVID-19.96 Several examples reflect the severity of the health impacts

for essential workers. Meat processing plants became “hotspots” for transmission, with 700 new

cases reported at a single plant on a single day in May 2020.97 In New York City, 120

employees of the Metropolitan Transit Authority were estimated to have died due to COVID-19

by mid-May 2020, with nearly 4,000 testing positive for the virus.98 Furthermore, many

essential workers are people of color or low-wage workers.99 These workers, in particular, have

borne a disproportionate share of the health and economic impacts of the pandemic. Such

workers include:

Staff at nursing homes, hospitals, and home care settings;

Workers at farms, food production facilities, grocery stores, and restaurants;

Janitors and sanitation workers;

Truck drivers, transit staff, and warehouse workers;

Public health and safety staff;

96 See, e.g., Centers for Disease Control and Prevention, COVID Data Tracker: Cases & Death among Healthcare Personnel, https://covid.cdc.gov/covid-data-tracker/#health-care-personnel (last visited May 4, 2021); Centers for Disease Control and Prevention, COVID Data Tracker: Confirmed COVID-19 Cases and Deaths among Staff and Rate per 1,000 Resident-Weeks in Nursing Homes, by Week – United States, https://covid.cdc.gov/covid-data-tracker/#nursing-home-staff (last visited May 4, 2021).97 See, e.g., The Lancet, The plight of essential workers during the COVID-19 pandemic, Vol. 395, Issue 10237:1587 (May 23, 2020), available at https://www.thelancet.com/journals/lancet/article/PIIS0140-6736%2820%2931200-9/fulltext.98 Id.99 Joanna Gaitens et al., Covid-19 and essential workers: A narrative review of health outcomes and moral injury, Int’l J. of Envtl. Research and Pub. Health 18(4):1446 (Feb. 4, 2021), available at https://pubmed.ncbi.nlm.nih.gov/33557075/; Tiana N. Rogers et al., Racial Disparities in COVID‐19 Mortality Among Essential Workers in the United States, World Med. & Health policy 12(3):311-27 (Aug. 5, 2020), available at https://onlinelibrary.wiley.com/doi/full/10.1002/wmh3.358 (finding that vulnerability to coronavirus exposure was increased among non-Hispanic blacks, who disproportionately occupied the top nine essential occupations).

Childcare workers, educators, and other school staff; and

Social service and human services staff.

During the public health emergency, employers’ policies on COVID-19-related hazard

pay have varied widely, with many essential workers not yet compensated for the heightened

risks they have faced and continue to face.100 Many of these workers earn lower wages on

average and live in socioeconomically vulnerable communities as compared to the general

population.101 A recent study found that 25 percent of essential workers were estimated to have

low household income, with 13 percent in high-risk households.102 The low pay of many

essential workers makes them less able to cope with the financial consequences of the pandemic

or their work-related health risks, including working hours lost due to sickness or disruptions to

childcare and other daily routines, or the likelihood of COVID-19 spread in their households or

communities. Thus, the threats and costs involved with maintaining the ongoing operation of

vital facilities and services have been, and continue to be, borne by those that are often the most

vulnerable to the pandemic. The added health risk to essential workers is one prominent way in

which the pandemic has amplified pre-existing socioeconomic inequities.

The Fiscal Recovery Funds will help respond to the needs of essential workers by

allowing recipients to remunerate essential workers for the elevated health risks they have faced

and continue to face during the public health emergency. To ensure that premium pay is targeted

to workers that faced or face heightened risks due to the character of their work, the interim final

rule defines essential work as work involving regular in-person interactions or regular physical

handling of items that were also handled by others. A worker would not be engaged in essential

work and, accordingly may not receive premium pay, for telework performed from a residence.

100 Economic Policy Institute, Only 30% of those working outside their home are receiving hazard pay (June 16, 2020), https://www.epi.org/press/only-30-of-those-working-outside-their-home-are-receiving-hazard-pay-black-and-hispanic-workers-are-most-concerned-about-bringing-the-coronavirus-home/.101 McCormack, supra note 37.102 Id.

Sections 602(g)(2) and 603(g)(2) define eligible worker to mean “those workers needed

to maintain continuity of operations of essential critical infrastructure sectors and additional

sectors as each Governor of a State or territory, or each Tribal government, may designate as

critical to protect the health and well-being of the residents of their State, territory, or Tribal

government.”103 The rule incorporates this definition and provides a list of industries recognized

as essential critical infrastructure sectors.104 These sectors include healthcare, public health and

safety, childcare, education, sanitation, transportation, and food production and services, among

others as noted above. As provided under sections 602(g)(2) and 603(g)(2), the chief executive

of each recipient has discretion to add additional sectors to this list, so long as additional sectors

are deemed critical to protect the health and well-being of residents.

In providing premium pay to essential workers or grants to eligible employers, a recipient

must consider whether the pay or grant would “respond to” to the worker or workers performing

essential work. Premium pay or grants provided under this section respond to workers

performing essential work if it addresses the heightened risk to workers who must be physically

present at a jobsite and, for many of whom, the costs associated with illness were hardest to bear

financially. Many of the workers performing critical essential services are low- or moderate-

income workers, such as those described above. The ARPA recognizes this by defining

premium pay to mean an amount up to $13 per hour in addition to wages or remuneration the

worker otherwise receives and in an aggregate amount not to exceed $25,000 per eligible worker.

To ensure the provision is implemented in a manner that compensates these workers, the interim

final rule provides that any premium pay or grants provided using the Fiscal Recovery Funds

should prioritize compensation of those lower income eligible workers that perform essential

work.

103 Sections 602(g)(2), 603(g)(2) of the Act.104 The list of critical infrastructure sectors provided in the interim final rule is based on the list of essential workers under The Heroes Act, H.R. 6800, 116th Cong. (2020).

As such, providing premium pay to eligible workers responds to such workers by helping

address the disparity between the critical services and risks taken by essential workers and the

relatively low compensation they tend to receive in exchange. If premium pay would increase a

worker’s total pay above 150 percent of their residing state’s average annual wage for all

occupations, as defined by the Bureau of Labor Statistics’ Occupational Employment and Wage

Statistics, or their residing county’s average annual wage, as defined by the Bureau of Labor

Statistics’ Occupational Employment and Wage Statistics, whichever is higher, on an annual

basis, the State, local, or Tribal government must provide Treasury and make publicly available,

whether for themselves or on behalf of a grantee, a written justification of how the premium pay

or grant is responsive to workers performing essential worker during the public health

emergency.105

The threshold of 150 percent for requiring additional written justification is based on an

analysis of the distribution of labor income for a sample of 20 occupations that generally

correspond to the essential workers as defined in the interim final rule.106 For these occupations,

labor income for the vast majority of workers was under 150 percent of average annual labor

income across all occupations. Treasury anticipates that the threshold of 150 percent of the

annual average wage will be greater than the annual average wage of the vast majority of eligible

workers performing essential work. These enhanced reporting requirements help to ensure

grants are directed to essential workers in critical infrastructure sectors and responsive to the

impacts of the pandemic observed among essential workers, namely the mis-alignment between

105 County median annual wage is taken to be that of the metropolitan or nonmetropolitan area that includes the county. See U.S. Bureau of Labor Statistics, State Occupational Employment and Wage Estimates, https://www.bls.gov/oes/current/oessrcst.htm (last visited May 1, 2021); U.S. Bureau of Labor Statistics, May 2020 Metropolitan and Nonmetropolitan Area Estimates listed by county or town, https://www.bls.gov/oes/current/county_links.htm (last visited May 1, 2021).106 Treasury performed this analysis with data from the U.S. Census Bureau’s 2019 Annual Social and Economic Supplement. In determining which occupations to include in this analysis, Treasury excluded management and supervisory positions, as such positions may not necessarily involve regular in-person interactions or physical handling of items to the same extent as non-managerial positions.

health risks and compensation. Enhanced reporting also provides transparency to the public.

Finally, using a localized measure reflects differences in wages and cost of living across the

country, making this standard administrable and reflective of essential worker incomes across a

diverse range of geographic areas.

Furthermore, because premium pay is intended to compensate essential workers for

heightened risk due to COVID-19, it must be entirely additive to a worker’s regular rate of

wages and other remuneration and may not be used to reduce or substitute for a worker’s normal

earnings. The definition of premium pay also clarifies that premium pay may be provided

retrospectively for work performed at any time since the start of the COVID-19 public health

emergency, where those workers have yet to be compensated adequately for work previously

performed.107 Treasury encourages recipients to prioritize providing retrospective premium pay

where possible, recognizing that many essential workers have not yet received additional

compensation for work conducted over the course of many months. Essential workers who have

already earned premium pay for essential work performed during the COVID-19 public health

emergency remain eligible for additional payments, and an essential worker may receive both

retrospective premium pay for prior work as well as prospective premium pay for current or

ongoing work.

To ensure any grants respond to the needs of essential workers and are made in a fair and

transparent manner, the rule imposes some additional reporting requirements for grants to third-

party employers, including the public disclosure of grants provided. See Section VIII of this

SUPPLEMENTARY INFORMATION, discussing reporting requirements. In responding to the

needs of essential workers, a grant to an employer may provide premium pay to eligible workers

performing essential work, as these terms are defined in the interim final rule and discussed

107 However, such compensation must be “in addition to” remuneration or wages already received. That is, employers may not reduce such workers’ current pay and use Fiscal Recovery Funds to compensate themselves for premium pay previously provided to the worker.

above. A grant provided to an employer may also be for essential work performed by eligible

workers pursuant to a contract. For example, if a municipality contracts with a third party to

perform sanitation work, the third-party contractor could be eligible to receive a grant to provide

premium pay for these eligible workers.

Question 10: Are there additional sectors beyond those listed in the interim final rule

that should be considered essential critical infrastructure sectors?

Question 11: What, if any, additional criteria should Treasury consider to ensure that

premium pay responds to essential workers?

Question 12: What consideration, if any, should be given to the criteria on salary

threshold, including measure and level, for requiring written justification?

C. Revenue Loss

Recipients may use payments from the Fiscal Recovery Funds for the provision of

government services to the extent of the reduction in revenue experienced due to the COVID-19

public health emergency.108 Pursuant to sections 602(c)(1)(C) and 603(c)(1)(C) of the Act, a

recipient’s reduction in revenue is measured relative to the revenue collected in the most recent

full fiscal year prior to the emergency.

Many State, local, and Tribal governments are experiencing significant budget shortfalls,

which can have a devastating impact on communities. State government tax revenue from major

sources were down 4.3 percent in the six months ended September 2020, relative to the same

period 2019.109 At the local level, nearly 90 percent of cities have reported being less able to

meet the fiscal needs of their communities and, on average, cities expect a double-digit decline in

108 ARPA, supra note 16.109 Major sources include personal income tax, corporate income tax, sales tax, and property tax. See Lucy Dadayan., States Reported Revenue Growth in July - September Quarter, Reflecting Revenue Shifts from the Prior Quarter, State Tax and Econ. Rev. (Q. 3, 2020), available at https://www.urban.org/sites/default/files/publication/103938/state-tax-and-economic-review-2020-q3_0.pdf

general fund revenues in their fiscal year 2021.110 Similarly, surveys of Tribal governments and

Tribal enterprises found majorities of respondents reporting substantial cost increases and

revenue decreases, with Tribal governments reporting reductions in healthcare, housing, social

services, and economic development activities as a result of reduced revenues.111 These budget

shortfalls are particularly problematic in the current environment, as State, local, and Tribal

governments work to mitigate and contain the COVID-19 pandemic and help citizens weather

the economic downturn.

Further, State, local, and Tribal government budgets affect the broader economic

recovery. During the period following the 2007-2009 recession, State and local government

budget pressures led to fiscal austerity that was a significant drag on the overall economic

recovery.112 Inflation-adjusted State and local government revenue did not return to the previous

peak until 2013,113 while State, local, and Tribal government employment did not recover to its

prior peak for over a decade, until August 2019 – just a few months before the COVID-19 public

health emergency began.114

Sections 602(c)(1)(C) and 603(c)(1)(C) of the Act allow recipients facing budget

shortfalls to use payments from the Fiscal Recovery Funds to avoid cuts to government services

110 National League of Cities, City Fiscal Conditions (2020), available at https://www.nlc.org/wp-content/uploads/2020/08/City_Fiscal_Conditions_2020_FINAL.pdf111 Surveys conducted by the Center for Indian Country Development at the Federal Reserve Bank of Minneapolis in March, April, and September 2020. See Moreno & Sobrepena, supra note 73. 112 See, e.g., Fitzpatrick, Haughwout & Setren, Fiscal Drag from the State and Local Sector?, Liberty Street Economics Blog, Federal Reserve Bank of New York (June 27, 2012), https://www.libertystreeteconomics.newyorkfed.org/2012/06/fiscal-drag-from-the-state-and-local-sector.html; Jiri Jonas, Great Recession and Fiscal Squeeze at U.S. Subnational Government Level, IMF Working Paper 12/184, (July 2012), available at https://www.imf.org/external/pubs/ft/wp/2012/wp12184.pdf; Gordon, supra note 9.113 State and local government general revenue from own sources, adjusted for inflation using the GDP price index. U.S. Census Bureau, Annual Survey of State Government Finances and U.S. Bureau of Economic Analysis, National Income and Product Accounts, 114 U.S. Bureau of Labor Statistics, All Employees, State Government [CES9092000001] and All Employees, Local Government [CES9093000001], retrieved from FRED, Federal Reserve Bank of St. Louis, https://fred.stlouisfed.org/series/CES9092000001 and https://fred.stlouisfed.org/series/CES9093000001 (last visited Apr. 27, 2021).

and, thus, enable State, local, and Tribal governments to continue to provide valuable services

and ensure that fiscal austerity measures do not hamper the broader economic recovery. The

interim final rule implements these provisions by establishing a definition of “general revenue”

for purposes of calculating a loss in revenue and by providing a methodology for calculating

revenue lost due to the COVID-19 public health emergency.

General Revenue. The interim final rule adopts a definition of “general revenue” based

largely on the components reported under “General Revenue from Own Sources” in the Census

Bureau’s Annual Survey of State and Local Government Finances, and for purposes of this

interim final rule, helps to ensure that the components of general revenue would be calculated in

a consistent manner.115 By relying on a methodology that is both familiar and comprehensive,

this approach minimizes burden to recipients and provides consistency in the measurement of

general revenue across a diverse set of recipients.

The interim final rule defines the term “general revenue” to include revenues collected by

a recipient and generated from its underlying economy and would capture a range of different

types of tax revenues, as well as other types of revenue that are available to support government

services.116 In calculating revenue, recipients should sum across all revenue streams covered as

general revenue. This approach minimizes the administrative burden for recipients, provides for

greater consistency across recipients, and presents a more accurate representation of the overall

impact of the COVID-19 public health emergency on a recipient’s revenue, rather than relying

115 U.S. Census Bureau, Annual Survey of State and Local Government Finances, https://www.census.gov/programs-surveys/gov-finances.html (last visited Apr. 30, 2021). 116 The interim final rule would define tax revenue in a manner consistent with the Census Bureau’s definition of tax revenue, with certain changes (i.e., inclusion of revenue from liquor stores and certain intergovernmental transfers). Current charges are defined as “charges imposed for providing current services or for the sale of products in connection with general government activities.” It includes revenues such as public education institution, public hospital, and toll revenues. Miscellaneous general revenue comprises of all other general revenue of governments from their own sources (i.e., other than liquor store, utility, and insurance trust revenue), including rents, royalties, lottery proceeds, and fines.

on financial reporting prepared by each recipient, which vary in methodology used and which

generally aggregates revenue by purpose rather than by source.117

Consistent with the Census Bureau’s definition of “general revenue from own sources,”

the definition of general revenue in the interim final rule would exclude refunds and other

correcting transactions, proceeds from issuance of debt or the sale of investments, and agency or

private trust transactions. The definition of general revenue also would exclude revenue

generated by utilities and insurance trusts. In this way, the definition of general revenue focuses

on sources that are generated from economic activity and are available to fund government

services, rather than a fund or administrative unit established to account for and control a

particular activity.118 For example, public utilities typically require financial support from the

State, local, or Tribal government, rather than providing revenue to such government, and any

revenue that is generated by public utilities typically is used to support the public utility’s

continued operation, rather than being used as a source of revenue to support government

services generally.

The definition of general revenue would include all revenue from Tribal enterprises, as

this revenue is generated from economic activity and is available to fund government services.

Tribes are not able to generate revenue through taxes in the same manner as State and local

governments and, as a result, Tribal enterprises are critical sources of revenue for Tribal

governments that enable Tribal governments to provide a range of services, including elder care,

health clinics, wastewater management, and forestry.

117 Fund-oriented reporting, such as what is used under the Governmental Accounting Standards Board (GASB), focuses on the types of uses and activities funded by the revenue, as opposed to the economic activity from which the revenue is sourced. See Governmental Accounting Standards Series, Statement No. 54 of the Governmental Accounting Standards Board: Fund Balance Reporting and Governmental Fund Type Definitions, No. 287-B (Feb. 2009).118 Supra note 116.

Finally, the term “general revenue” includes intergovernmental transfers between State

and local governments, but excludes intergovernmental transfers from the Federal Government,

including Federal transfers made via a State to a local government pursuant to the CRF or as part

of the Fiscal Recovery Funds. States and local governments often share or collect revenue on

behalf of one another, which results in intergovernmental transfers. When attributing revenue to

a unit of government, the Census Bureau’s methodology considers which unit of government

imposes, collects, and retains the revenue and assigns the revenue to the unit of government that

meets at least two of those three factors.119 For purposes of measuring loss in general revenue

due to the COVID-19 public health emergency and to better allow continued provision of

government services, the retention and ability to use the revenue is a more critical factor.

Accordingly, and to better measure the funds available for the provision of government services,

the definition of general revenue would include intergovernmental transfers from States or local

governments other than funds transferred pursuant to ARPA, CRF, or another Federal program.

This formulation recognizes the importance of State transfers for local government revenue.120

Calculation of Loss. In general, recipients will compute the extent of the reduction in

revenue by comparing actual revenue to a counterfactual trend representing what could have

been expected to occur in the absence of the pandemic. This approach measures losses in

revenue relative to the most recent fiscal year prior to the COVID-19 public health emergency by

using the most recent pre-pandemic fiscal year as the starting point for estimates of revenue

growth absent the pandemic. In other words, the counterfactual trend starts with the last full

fiscal year prior to the COVID-19 public health emergency and then assumes growth at a

constant rate in the subsequent years. Because recipients can estimate the revenue shortfall at

119 U.S. Census Bureau, Government Finance and Employment Classification Manual (Dec. 2000), https://www2.census.gov/govs/class/classfull.pdf 120 For example, in 2018, state transfers to localities accounted for approximately 27 percent of local revenues. U.S. Census Bureau, Annual Survey of State and Local Government Finances, Table 1 (2018), https://www.census.gov/data/datasets/2018/econ/local/public-use-datasets.html.

multiple points in time throughout the covered period as revenue is collected, this approach

accounts for variation across recipients in the timing of pandemic impacts.121 Although revenue

may decline for reasons unrelated to the COVID-19 public health emergency, to minimize the

administrative burden on recipients and taking into consideration the devastating effects of the

COVID-19 public health emergency, any diminution in actual revenues relative to the

counterfactual pre-pandemic trend would be presumed to have been due to the COVID-19 public

health emergency.

For purposes of measuring revenue growth in the counterfactual trend, recipients may use

a growth adjustment of either 4.1 percent per year or the recipient’s average annual revenue

growth over the three full fiscal years prior to the COVID-19 public health emergency,

whichever is higher. The option of 4.1 percent represents the average annual growth across all

State and local government “General Revenue from Own Sources” in the most recent three years

of available data.122 This approach provides recipients with a standardized growth adjustment

when calculating the counterfactual revenue trend and thus minimizes administrative burden,

while not disadvantaging recipients with revenue growth that exceeded the national average prior

to the COVID-19 public health emergency by permitting these recipients to use their own

revenue growth rate over the preceding three years.

121 For example, following the 2007-09 recession, local government property tax collections did not begin to decline until 2011, suggesting that property tax collection declines can lag downturns. See U.S. Bureau of Economic Analysis, Personal current taxes: State and local: Property taxes [S210401A027NBEA], retrieved from Federal Reserve Economic Data, Federal Reserve Bank of St. Louis, https://fred.stlouisfed.org/graph/?g=r3YI (last visited Apr. 22, 2021). Estimating the reduction in revenue at points throughout the covered period will allow for this type of lagged effect to be taken into account during the covered period. 122 Together with revenue from liquor stores from 2015 to 2018. This estimate does not include any intergovernmental transfers. A recipient using the three-year average to calculate their growth adjustment must be based on the definition of general revenue, including treatment of intergovernmental transfers. 2015 – 2018 represents the most recent available data. See U.S. Census Bureau, State & Local Government Finance Historical Datasets and Tables (2018), https://www.census.gov/programs-surveys/gov-finances/data/datasets.html.

Recipients should calculate the extent of the reduction in revenue as of four points in

time: December 31, 2020; December 31, 2021; December 31, 2022; and December 31, 2023.

To calculate the extent of the reduction in revenue at each of these dates, recipients should

follow a four-step process:

Step 1: Identify revenues collected in the most recent full fiscal year prior to the

public health emergency (i.e., last full fiscal year before January 27, 2020), called

the base year revenue.

Step 2: Estimate counterfactual revenue, which is equal to base year revenue *

[(1 + growth adjustment) ^( n/12)], where n is the number of months elapsed since

the end of the base year to the calculation date, and growth adjustment is the

greater of 4.1 percent and the recipient’s average annual revenue growth in the

three full fiscal years prior to the COVID-19 public health emergency.

Step 3: Identify actual revenue, which equals revenues collected over the past

twelve months as of the calculation date.

Step 4: The extent of the reduction in revenue is equal to counterfactual revenue

less actual revenue. If actual revenue exceeds counterfactual revenue, the extent

of the reduction in revenue is set to zero for that calculation date.

For illustration, consider a hypothetical recipient with base year revenue equal to 100. In

Step 2, the hypothetical recipient finds that 4.1 percent is greater than the recipient’s average

annual revenue growth in the three full fiscal years prior to the public health emergency.

Furthermore, this recipient’s base year ends June 30. In this illustration, n (months elapsed) and

counterfactual revenue would be equal to:

As of: 12/31/2020 12/31/2021 12/31/2022 12/31/2023n (months elapsed) 18 30 42 54

Counterfactual revenue: 106.2 110.6 115.1 119.8

The overall methodology for calculating the reduction in revenue is illustrated in the

figure below:

Upon receiving Fiscal Recovery Fund payments, recipients may immediately calculate revenue

loss for the period ending December 31, 2020.

Sections 602(c)(1)(C) and 603(c)(1)(C) of the Act provide recipients with broad latitude to

use the Fiscal Recovery Funds for the provision of government services. Government services

can include, but are not limited to, maintenance or pay-go funded building123 of infrastructure,

including roads; modernization of cybersecurity, including hardware, software, and protection of

critical infrastructure; health services; environmental remediation; school or educational

services; and the provision of police, fire, and other public safety services. However, expenses

associated with obligations under instruments evidencing financial indebtedness for borrowed

money would not be considered the provision of government services, as these financing

expenses do not directly provide services or aid to citizens. Specifically, government services

would not include interest or principal on any outstanding debt instrument, including, for

123 Pay-go infrastructure funding refers to the practice of funding capital projects with cash-on-hand from

taxes, fees, grants, and other sources, rather than with borrowed sums.

80

90

100

110

120

130

140 Base year revenue

Extent of reduction in revenue

Actual revenue (last twelve months)

Counterfactual revenue

example, short-term revenue or tax anticipation notes, or fees or issuance costs associated with

the issuance of new debt. For the same reasons, government services would not include

satisfaction of any obligation arising under or pursuant to a settlement agreement, judgment,

consent decree, or judicially confirmed debt restructuring in a judicial, administrative, or

regulatory proceeding, except if the judgment or settlement required the provision of government

services. That is, satisfaction of a settlement or judgment itself is not a government service,

unless the settlement required the provision of government services. In addition, replenishing

financial reserves (e.g., rainy day or other reserve funds) would not be considered provision of a

government service, since such expenses do not directly relate to the provision of government

services.

Question 13: Are there sources of revenue that either should or should not be included in

the interim final rule’s measure of “general revenue” for recipients? If so, discuss why these

sources either should or should not be included.

Question 14: In the interim final rule, recipients are expected to calculate the reduction

in revenue on an aggregate basis. Discuss the advantages and disadvantages of, and any

potential concerns with, this approach, including circumstances in which it could be necessary

or appropriate to calculate the reduction in revenue by source.

Question 15: Treasury is considering whether to take into account other factors,

including actions taken by the recipient as well as the expiration of the COVID-19 public health

emergency, in determining whether to presume that revenue losses are “due to” the COVID-19

public health emergency. Discuss the advantages and disadvantages of this presumption,

including when, if ever, during the covered period it would be appropriate to reevaluate the

presumption that all losses are attributable to the COVID-19 public health emergency.

Question 16: Do recipients anticipate lagged revenue effects of the public health

emergency? If so, when would these lagged effects be expected to occur, and what can Treasury

to do support these recipients through its implementation of the program?

Question 17: In the interim final rule, paying interest or principal on government debt is

not considered provision of a government service. Discuss the advantages and disadvantages of

this approach, including circumstances in which paying interest or principal on government debt

could be considered provision of a government service.

D. Investments in Infrastructure

To assist in meeting the critical need for investments and improvements to existing

infrastructure in water, sewer, and broadband, the Fiscal Recovery Funds provide funds to State,

local, and Tribal governments to make necessary investments in these sectors. The interim final

rule outlines eligible uses within each category, allowing for a broad range of necessary

investments in projects that improve access to clean drinking water, improve wastewater and

stormwater infrastructure systems, and provide access to high-quality broadband service.

Necessary investments are designed to provide an adequate minimum level of service and are

unlikely to be made using private sources of funds. Necessary investments include projects that

are required to maintain a level of service that, at least, meets applicable health-based standards,

taking into account resilience to climate change, or establishes or improves broadband service to

unserved or underserved populations to reach an adequate level to permit a household to work or

attend school, and that are unlikely to be met with private sources of funds.124

It is important that necessary investments in water, sewer, or broadband infrastructure be

carried out in ways that produce high-quality infrastructure, avert disruptive and costly delays,

and promote efficiency. Treasury encourages recipients to ensure that water, sewer, and

broadband projects use strong labor standards, including project labor agreements and

community benefits agreements that offer wages at or above the prevailing rate and include local

hire provisions, not only to promote effective and efficient delivery of high-quality infrastructure

124 Treasury notes that using funds to support or oppose collective bargaining would not be included as part of “necessary investments in water, sewer, or broadband infrastructure.”

projects but also to support the economic recovery through strong employment opportunities for

workers. Using these practices in construction projects may help to ensure a reliable supply of

skilled labor that would minimize disruptions, such as those associated with labor disputes or

workplace injuries.

To provide public transparency on whether projects are using practices that promote on-

time and on-budget delivery, Treasury will seek information from recipients on their workforce

plans and practices related to water, sewer, and broadband projects undertaken with Fiscal

Recovery Funds. Treasury will provide additional guidance and instructions on the reporting

requirements at a later date.

1. Water and Sewer Infrastructure

The ARPA provides funds to State, local, and Tribal governments to make necessary

investments in water and sewer infrastructure.125 By permitting funds to be used for water and

sewer infrastructure needs, Congress recognized the critical role that clean drinking water and

services for the collection and treatment of wastewater and stormwater play in protecting public

health. Understanding that State, local, and Tribal governments have a broad range of water and

sewer infrastructure needs, the interim final rule provides these governments with wide latitude

to identify investments in water and sewer infrastructure that are of the highest priority for their

own communities, which may include projects on privately-owned infrastructure. The interim

final rule does this by aligning eligible uses of the Fiscal Recovery Funds with the wide range of

types or categories of projects that would be eligible to receive financial assistance through the

Environmental Protection Agency’s (EPA) Clean Water State Revolving Fund (CWSRF) or

Drinking Water State Revolving Fund (DWSRF).126

125 Sections 602(c)(1)(D), 603(c)(1)(D) of the Act. 126 Environmental Protection Agency, Drinking Water State Revolving fund, https://www.epa.gov/dwsrf (last visited Apr. 30, 2021); Environmental Protection Agency, Clean Water State Revolving Fund, https://www.epa.gov/cwsrf (last visited Apr. 30, 2021).

Established by the 1987 amendments127 to the Clean Water Act (CWA),128 the CWSRF

provides financial assistance for a wide range of water infrastructure projects to improve water

quality and address water pollution in a way that enables each State to address and prioritize the

needs of their populations. The types of projects eligible for CWSRF assistance include projects

to construct, improve, and repair wastewater treatment plants, control non-point sources of

pollution, improve resilience of infrastructure to severe weather events, create green

infrastructure, and protect waterbodies from pollution.129 Each of the 51 State programs

established under the CWSRF have the flexibility to direct funding to their particular

environmental needs, and each State may also have its own statutes, rules, and regulations that

guide project eligibility.130

The DWSRF was modeled on the CWSRF and created as part of the 1996 amendments to

the Safe Drinking Water Act (SDWA),131 with the principal objective of helping public water

systems obtain financing for improvements necessary to protect public health and comply with

127 Water Quality Act of 1987, Pub. L. 100-4.128 Federal Water Pollution Control Act as amended, codified at 33 U.S.C. 1251 et seq., common name (Clean Water Act). In 2009, the American Recovery and Reinvestment Act created the Green Project Reserve, which increased the focus on green infrastructure, water and energy efficient, and environmentally innovative projects. Pub. L. 111-5. The CWA was amended by the Water Resources Reform and Development Act of 2014 to further expand the CWSRF’s eligibilities. Pub. L. 113-121. The CWSRF’s eligibilities were further expanded in 2018 by the America’s Water Infrastructure Act of 2018, Pub. L. 115-270.129 See Environmental Protection Agency, The Drinking Water State Revolving Funds: Financing America’s Drinking Water, EPA-816-R-00-023 (Nov. 2000), https://nepis.epa.gov/Exe/ZyPDF.cgi/200024WB.PDF?Dockey=200024WB.PDF; See also Environmental Protection Agency, Learn About the Clean Water State Revolving Fund, https://www.epa.gov/cwsrf/learn-about-clean-water-state-revolving-fund-cwsrf (last visited Apr. 30, 2021). 130 33 U.S.C. 1383(c). See also Environmental Protection Agency, Overview of Clean Water State Revolving Fund Eligibilities(May 2016), https://www.epa.gov/sites/production/files/2016-07/documents/overview_of_cwsrf_eligibilities_may_2016.pdf; Claudia Copeland, Clean Water Act: A Summary of the Law, Congressional Research Service (Oct. 18, 2016), https://fas.org/sgp/crs/misc/RL30030.pdf; Jonathan L Ramseur, Wastewater Infrastructure: Overview, Funding, and Legislative Developments, Congressional Research Service (May 22, 2018), https://fas.org/sgp/crs/misc/R44963.pdf.131 42 U.S.C. 300j-12.

drinking water regulations.132 Like the CWSRF, the DWSRF provides States with the flexibility

to meet the needs of their populations.133 The primary use of DWSRF funds is to assist

communities in making water infrastructure capital improvements, including the installation and

replacement of failing treatment and distribution systems.134 In administering these programs,

States must give priority to projects that ensure compliance with applicable health and

environmental safety requirements; address the most serious risks to human health; and assist

systems most in need on a per household basis according to State affordability criteria.135

By aligning use of Fiscal Recovery Funds with the categories or types of eligible projects

under the existing EPA state revolving fund programs, the interim final rule provides recipients

with the flexibility to respond to the needs of their communities while ensuring that investments

in water and sewer infrastructure made using Fiscal Recovery Funds are necessary. As discussed

above, the CWSRF and DWSRF were designed to provide funding for projects that protect

public health and safety by ensuring compliance with wastewater and drinking water health

standards.136 The need to provide funding through the state revolving funds suggests that these

projects are less likely to be addressed with private sources of funding; for example, by

remediating failing or inadequate infrastructure, much of which is publicly owned, and by

addressing non-point sources of pollution. This approach of aligning with the EPA state

revolving fund programs also supports expedited project identification and investment so that

132 Environmental Protection Agency, Drinking Water State Revolving Fund Eligibility Handbook, (June 2017), https://www.epa.gov/sites/production/files/2017-06/documents/dwsrf_eligibility_handbook_june_13_2017_updated_508_version.pdf; Environmental Protection Agency, Drinking Water Infrastructure Needs Survey and Assessment: Sixth Report to Congress (March 2018), https://www.epa.gov/sites/production/files/2018-10/documents/corrected_sixth_drinking_water_infrastructure_needs_survey_and_assessment.pdf. 133 Id.134 Id.135 42 U.S.C. 300j-12(b)(3)(A).136 Environmental Protection Agency, Learn About the Clean Water State Revolving Fund, https://www.epa.gov/cwsrf/learn-about-clean-water-state-revolving-fund-cwsrf (last visited Apr. 30, 2021); 42 U.S.C. 300j-12.

needed relief for the people and communities most affected by the pandemic can deployed

expeditiously and have a positive impact on their health and wellbeing as soon as possible.

Further, the interim final rule is intended to preserve flexibility for award recipients to direct

funding to their own particular needs and priorities and would not preclude recipients from

applying their own additional project eligibility criteria.

In addition, responding to the immediate needs of the COVID-19 public health

emergency may have diverted both personnel and financial resources from other State, local, and

Tribal priorities, including projects to ensure compliance with applicable water health and

quality standards and provide safe drinking and usable water.137 Through sections 602(c)(1)(D)

and 603(c)(1)(D), the ARPA provides resources to address these needs. Moreover, using Fiscal

Recovery Funds in accordance with the priorities of the CWA and SWDA to “assist systems

most in need on a per household basis according to state affordability criteria” would also have

the benefit of providing vulnerable populations with safe drinking water that is critical to their

health and, thus, their ability to work and learn.138

Recipients may use Fiscal Recovery Funds to invest in a broad range of projects that

improve drinking water infrastructure, such as building or upgrading facilities and transmission,

distribution, and storage systems, including replacement of lead service lines. Given the lifelong

impacts of lead exposure for children, and the widespread nature of lead service lines, Treasury

encourages recipients to consider projects to replace lead service lines.

137 House Committee on the Budget, State and Local Governments are in Dire Need of Federal Relief (Aug. 19, 2020), https://budget.house.gov/publications/report/state-and-local-governments-are-dire-need-federal-relief.138 Environmental Protection Agency, Drinking Water State Revolving Fund (Nov. 2019), https://www.epa.gov/sites/production/files/2019-11/documents/fact_sheet_-_dwsrf_overview_final_0.pdf; Environmental Protection Agency, National Benefits Analysis for Drinking Water Regulations, https://www.epa.gov/sdwa/national-benefits-analysis-drinking-water-regulations (last visited Apr. 30, 2020).

Fiscal Recovery Funds may also be used to support the consolidation or establishment of

drinking water systems. With respect to wastewater infrastructure, recipients may use Fiscal

Recovery Funds to construct publicly owned treatment infrastructure, manage and treat

stormwater or subsurface drainage water, facilitate water reuse, and secure publicly owned

treatment works, among other uses. Finally, consistent with the CWSRF and DWSRF, Fiscal

Recovery Funds may be used for cybersecurity needs to protect water or sewer infrastructure,

such as developing effective cybersecurity practices and measures at drinking water systems and

publicly owned treatment works.

Many of the types of projects eligible under either the CWSRF or DWSRF also support

efforts to address climate change. For example, by taking steps to manage potential sources of

pollution and preventing these sources from reaching sources of drinking water, projects eligible

under the DWSRF and the ARPA may reduce energy required to treat drinking water. Similarly,

projects eligible under the CWSRF include measures to conserve and reuse water or reduce the

energy consumption of public water treatment facilities. Treasury encourages recipients to

consider green infrastructure investments and projects to improve resilience to the effects of

climate change. For example, more frequent and extreme precipitation events combined with

construction and development trends have led to increased instances of stormwater runoff, water

pollution, and flooding. Green infrastructure projects that support stormwater system resiliency

could include rain gardens that provide water storage and filtration benefits, and green streets,

where vegetation, soil, and engineered systems are combined to direct and filter rainwater from

impervious surfaces. In cases of a natural disaster, recipients may also use Fiscal Recovery

Funds to provide relief, such as interconnecting water systems or rehabilitating existing wells

during an extended drought.

Question 18: What are the advantages and disadvantages of aligning eligible uses with

the eligible project type requirements of the DWSRF and CWSRF? What other water or sewer

project categories, if any, should Treasury consider in addition to DWSRF and CWSRF eligible

projects? Should Treasury consider a broader general category of water and sewer projects?

Question 19: What additional water and sewer infrastructure categories, if any, should

Treasury consider to address and respond to the needs of unserved, undeserved, or rural

communities? How do these projects differ from DWSFR and CWSRF eligible projects?

Question 20: What new categories of water and sewer infrastructure, if any, should

Treasury consider to support State, local, and Tribal governments in mitigating the negative

impacts of climate change? Discuss emerging technologies and processes that support resiliency

of water and sewer infrastructure. Discuss any challenges faced by States and local

governments when pursuing or implementing climate resilient infrastructure projects.

Question 21: Infrastructure projects related to dams and reservoirs are generally not

eligible under the CWSRF and DWSRF categories. Should Treasury consider expanding eligible

infrastructure under the interim final rule to include dam and reservoir projects? Discuss public

health, environmental, climate, or equity benefits and costs in expanding the eligibility to include

these types of projects.

2. Broadband Infrastructure.

The COVID-19 public health emergency has underscored the importance of universally

available, high-speed, reliable, and affordable broadband coverage as millions of Americans rely

on the internet to participate in, among critical activities, remote school, healthcare, and work.

Recognizing the need for such connectivity, the ARPA provides funds to State, territorial, local,

and Tribal governments to make necessary investments in broadband infrastructure.

The National Telecommunications and Information Administration (NTIA) highlighted

the growing necessity of broadband in daily lives through its analysis of NTIA Internet Use

Survey data, noting that Americans turn to broadband Internet access service for every facet of

daily life including work, study, and healthcare.139 With increased use of technology for daily

activities and the movement by many businesses and schools to operating remotely during the

pandemic, broadband has become even more critical for people across the country to carry out

their daily lives.

By at least one measure, however, tens of millions of Americans live in areas where there

is no broadband infrastructure that provides download speeds greater than 25 Mbps and upload

speeds of 3 Mbps.140 By contrast, as noted below, many households use upload and download

speeds of 100 Mbps to meet their daily needs. Even in areas where broadband infrastructure

exists, broadband access may be out of reach for millions of Americans because it is

unaffordable, as the United States has some of the highest broadband prices in the Organisation

for Economic Co-operation and Development (OECD).141 There are disparities in availability as

well; historically, Americans living in territories and Tribal lands as well as rural areas have

disproportionately lacked sufficient broadband infrastructure.142 Moreover, rapidly growing

demand has, and will likely continue to, quickly outpace infrastructure capacity, a phenomenon

139 See, e.g., https://www.ntia.gov/blog/2020/more-half-american-households-used-internet-health-related-activities-2019-ntia-data-show; https://www.ntia.gov/blog/2020/nearly-third-american-employees-worked-remotely-2019-ntia-data-show; and generally, https://www.ntia.gov/data/digital-nation-data-explorer.140 As an example, data from the Federal Communications Commission shows that as of June 2020, 9.07 percent of the U.S. population had no available cable or fiber broadband providers providing greater than 25 Mbps download speeds and 3 Mbps upload speeds. Availability was significantly less for rural versus urban populations, with 35.57 percent of the rural population lacking such access, compared with 2.57 percent of the urban population. Availability was also significantly less for tribal versus non-tribal populations, with 35.93 percent of the tribal population lacking such access, compared with 8.74 of the non-tribal population. Federal Communications Commission, Fixed Broadband Deployment, https://broadbandmap.fcc.gov/#/ (last visited May 9, 2021). 141 How Do U.S. Internet Costs Compare To The Rest Of The World?, BroadbandSearch Blog Post, available at https://www.broadbandsearch.net/blog/internet-costs-compared-worldwide.142 See, e.g., Federal Communications Commission, Fourteenth Broadband Deployment Report, available at https://docs.fcc.gov/public/attachments/FCC-21-18A1.pdf.

acknowledged by various states around the country that have set scalability requirements to

account for this anticipated growth in demand.143

The interim final rule provides that eligible investments in broadband are those that are

designed to provide services meeting adequate speeds and are provided to unserved and

underserved households and businesses. Understanding that States, territories, localities, and

Tribal governments have a wide range of varied broadband infrastructure needs, the interim final

rule provides award recipients with flexibility to identify the specific locations within their

communities to be served and to otherwise design the project.

Under the interim final rule, eligible projects are expected to be designed to deliver, upon

project completion, service that reliably meets or exceeds symmetrical upload and download

speeds of 100 Mbps. There may be instances in which it would not be practicable for a project to

deliver such service speeds because of the geography, topography, or excessive costs associated

with such a project. In these instances, the affected project would be expected to be designed to

deliver, upon project completion, service that reliably meets or exceeds 100 Mbps download and

between at least 20 Mbps and 100 Mbps upload speeds and be scalable to a minimum of 100

Mbps symmetrical for download and upload speeds.144 In setting these standards, Treasury

identified speeds necessary to ensure that broadband infrastructure is sufficient to enable users to

generally meet household needs, including the ability to support the simultaneous use of work,

education, and health applications, and also sufficiently robust to meet increasing household

143 See, e.g., Illinois Department of Commerce & Economic Opportunity, Broadband Grants, h (last visited May 9, 2021), https://www2.illinois.gov/dceo/ConnectIllinois/Pages/BroadbandGrants.aspx; Kansas Office of Broadband Development, Broadband Acceleration Grant, https://www.kansascommerce.gov/wp-content/uploads/2020/11/Broadband-Acceleration-Grant.pdf (last visited May 9, 2021); New York State Association of Counties, Universal Broadband: Deploying High Speed Internet Access in NYS (Jul. 2017), https://www.nysac.org/files/BroadbandUpdateReport2017(1).pdf.144 This scalability threshold is consistent with scalability requirements used in other jurisdictions. Id.

demands for bandwidth. Treasury also recognizes that different communities and their members

may have a broad range of internet needs and that those needs may change over time.

In considering the appropriate speed requirements for eligible projects, Treasury

considered estimates of typical households demands during the pandemic. Using the Federal

Communication Commission’s (FCC) Broadband Speed Guide, for example, a household with

two telecommuters and two to three remote learners today are estimated to need 100 Mbps

download to work simultaneously.145 In households with more members, the demands may be

greater, and in households with fewer members, the demands may be less.

In considering the appropriate speed requirements for eligible projects, Treasury also

considered data usage patterns and how bandwidth needs have changed over time for U.S.

households and businesses as people’s use of technology in their daily lives has evolved. In the

few years preceding the pandemic, market research data showed that average upload speeds in

the United States surpassed over 10 Mbps in 2017146 and continued to increase significantly,

with the average upload speed as of November, 2019 increasing to 48.41 Mbps,147 attributable, in

part to a shift to using broadband and the internet by individuals and businesses to create and

share content using video sharing, video conferencing, and other applications.148

The increasing use of data accelerated markedly during the pandemic as households

across the country became increasingly reliant on tools and applications that require greater

145 Federal Communications Commission, Broadband Speed Guide, https://www.fcc.gov/consumers/guides/broadband-speed-guide (last visited Apr. 30, 2021). 146 Letter from Lisa R. Youngers, President and CEO of Fiber Broadband Association to FCC, WC Docket No. 19-126 (filed Jan. 3, 2020), including an Appendix with research from RVA LLC, Data Review Of The Importance of Upload Speeds (Jan. 2020), and Ookla speed test data, available at https://ecfsapi.fcc.gov/file/101030085118517/FCC%20RDOF%20Jan%203%20Ex%20Parte.pdf.

Additional information on historic growth in data usage is provided in Schools, Health & Libraries Broadband Coalition, Common Sense Solutions for Closing the Digital Divide, Apr. 29, 2021.147 Id. See also United States's Mobile and Broadband Internet Speeds - Speedtest Global Index, available at https://www.speedtest.net/global-index/united-states#fixed.148 Id.

internet capacity, both to download data but also to upload data. Sending information became as

important as receiving it. A video consultation with a healthcare provider or participation by a

child in a live classroom with a teacher and fellow students requires video to be sent and

received simultaneously.149 As an example, some video conferencing technology platforms

indicate that download and upload speeds should be roughly equal to support two-way,

interactive video meetings.150 For both work and school, client materials or completed school

assignments, which may be in the form of PDF files, videos, or graphic files, also need to be

shared with others. This is often done by uploading materials to a collaboration site, and the

upload speed available to a user can have a significant impact on the time it takes for the content

to be shared with others. 151 These activities require significant capacity from home internet

connections to both download and upload data, especially when there are multiple individuals in

one household engaging in these activities simultaneously.

This need for increased broadband capacity during the pandemic was reflected in

increased usage patterns seen over the last year. As OpenVault noted in recent advisories, the

pandemic significantly increased the amount of data users consume. Among data users observed

by OpenVault, per-subscriber average data usage for the fourth quarter of 2020 was

482.6 gigabytes per month, representing a 40 percent increase over the 344 gigabytes consumed

in the fourth quarter of 2019 and a 26 percent increase over the third quarter 2020 average of

383.8 gigabytes.152 OpenVault also noted significant increases in upstream usage among the data

149 One high definition Zoom meeting or class requires approximately 3.8 Mbps/3.0 Mbps (up/down).150 See, e.g., Zoom, System Requirements for Windows, macOS, and Linux, https://support.zoom.us/hc/en-us/articles/201362023-System-requirements-for-Windows-macOS-and-Linux#h_d278c327-e03d-4896-b19a-96a8f3c0c69c (last visited May 8, 2021). 151 By one estimate, to upload a one gigabit video file to YouTube would take 15 minutes at an upload speed of 10 Mbps compared with 1 minute, 30 seconds at an upload speed of 100 Mbps, and 30 seconds at an upload speed of 300 Mbps. Reviews.org: What is Symmetrical Internet? (March 2020).152 OVBI: Covid-19 Drove 15 percent Increase in Broadband Traffic in 2020, OpenVault, Quarterly Advisory, (Feb. 10, 2021), available at https://openvault.com/ovbi-covid-19-drove-51-increase-in-

users it observed, with upstream data usage growing 63 percent – from 19 gigabytes to 31

gigabytes – between December, 2019 and December, 2020.153 According to an OECD

Broadband statistic from June 2020, the largest percentage of U.S. broadband subscribers have

services providing speeds between 100 Mbps and 1 Gbps.154

Jurisdictions and Federal programs are increasingly responding to the growing demands

of their communities for both heightened download and upload speeds. For example,

Illinois now requires 100 Mbps symmetrical service as the construction standard for its state

broadband grant programs. This standard is also consistent with speed levels, particularly

download speed levels, prioritized by other Federal programs supporting broadband projects.

Bids submitted as part of the FCC in its Rural Digital Opportunity Fund (RDOF), established to

support the construction of broadband networks in rural communities across the country, are

given priority if they offer faster service, with the service offerings of 100 Mbps download and

20 Mbps upload being included in the “above baseline” performance tier set by the FCC.155 The

Broadband Infrastructure Program (BBIP)156 of the Department of Commerce, which provides

Federal funding to deploy broadband infrastructure to eligible service areas of the country also

broadband-traffic-in-2020; See OpenVault’s data set incorporates information on usage by subscribers across multiple continents, including North America and Europe. Additional data and detail on increases in the amount of data users consume and the broadband speeds they are using is provided in OpenVault Broadband Insights Report Q4, Quarterly Advisory (Feb. 10, 2021), available at https://openvault.com/complimentary-report-4q20/.153 OVBI Special Report: 202 Upstream Growth Nearly 4X of Pre-Pandemic Years, OpenVault, Quarterly Advisory, (April 1, 20201), available at https://openvault.com/ovbi-special-report-2020-upstream-growth-rate-nearly-4x-of-pre-pandemic-years/; Additional data is provided in OpenVault Broadband Insights Pandemic Impact on Upstream Broadband Usage and Network Capacity, available at https://openvault.com/upstream-whitepaper/.154 Organisation for Economic Co-operation and Development, Fixed broadband subscriptions per 100 inhabitants, per speed tiers (June 2020), https://www.oecd.org/sti/broadband/5.1-FixedBB-SpeedTiers-2020-06.xls www.oecd.org/sti/broadband/broadband-statistics.155 Rural Digital Opportunity Fund, Report and Order, 35 FCC Rcd 686, 690, para. 9 (2020), available at https://www.fcc.gov/document/fcc-launches-20-billion-rural-digital-opportunity-fund-0. 156 The BIPP was authorized by the Consolidated Appropriations Act, 2021, Section 905, Public Law 116-260, 134 Stat. 1182 (Dec. 27, 2020).

prioritizes projects designed to provide broadband service with a download speed of not less than

100 Mbps and an upload speed of not less than 20 Mbps.157

The 100 Mbps upload and download speeds will support the increased and growing needs

of households and businesses. Recognizing that, in some instances, 100 Mbps upload speed may

be impracticable due to geographical, topographical, or financial constraints, the interim final

rule permits upload speeds of between at least 20 Mbps and 100 Mbps in such instances. To

provide for investments that will accommodate technologies requiring symmetry in download

and upload speeds, as noted above, eligible projects that are not designed to deliver, upon project

completion, service that reliably meets or exceeds symmetrical speeds of 100 Mbps because it

would be impracticable to do so should be designed so that they can be scalable to such speeds.

Recipients are also encouraged to prioritize investments in fiber optic infrastructure where

feasible, as such advanced technology enables the next generation of application solutions for all

communities.

Under the interim final rule, eligible projects are expected to focus on locations that are

unserved or underserved. The interim final rule treats users as being unserved or underserved if

they lack access to a wireline connection capable of reliably delivering at least minimum speeds

of 25 Mbps download and 3 Mbps upload as households and businesses lacking this level of

access are generally not viewed as being able to originate and receive high-quality voice, data,

graphics, and video telecommunications. This threshold is consistent with the FCC’s benchmark

for an “advanced telecommunications capability.”158 This threshold is also consistent with

thresholds used in other Federal programs to identify eligible areas to be served by programs to

improve broadband services. For example, in the FCC’s RDOF program, eligible areas include

those without current (or already funded) access to terrestrial broadband service providing

157 Section 905(d)(4) of the Consolidated Appropriations Act, 2021. 158 Deployment Report, supra note 142.

25 Mbps download and 3 Mbps upload speeds.159 The Department of Commerce’s BBIP also

considers households to be “unserved” generally if they lack access to broadband service with a

download speed of not less than 25 Mbps download and 3 Mbps upload, among other conditions.

In selecting an area to be served by a project, recipients are encouraged to avoid investing in

locations that have existing agreements to build reliable wireline service with minimum speeds

of 100 Mbps download and 20 Mbps upload by December 31, 2024, in order to avoid duplication

of efforts and resources.

Recipients are also encouraged to consider ways to integrate affordability options into

their program design. To meet the immediate needs of unserved and underserved households

and businesses, recipients are encouraged to focus on projects that deliver a physical broadband

connection by prioritizing projects that achieve last mile-connections. Treasury also encourages

recipients to prioritize support for broadband networks owned, operated by, or affiliated with

local governments, non-profits, and co-operatives—providers with less pressure to turn profits

and with a commitment to serving entire communities.

Under sections 602(c)(1)(A) and 603(c)(1)(A), assistance to households facing negative

economic impacts due to COVID-19 is also an eligible use, including internet access or digital

literacy assistance. As discussed above, in considering whether a potential use is eligible under

this category, a recipient must consider whether, and the extent to which, the household has

experienced a negative economic impact from the pandemic.

Question 22: What are the advantages and disadvantages of setting minimum

symmetrical download and upload speeds of 100 Mbps? What other minimum standards would

be appropriate and why?

159 Rural Digital Opportunity Fund, supra note 156.

Question 23: Would setting such a minimum be impractical for particular types of

projects? If so, where and on what basis should those projects be identified? How could such a

standard be set while also taking into account the practicality of using this standard in

particular types of projects? In addition to topography, geography, and financial factors, what

other constraints, if any, are relevant to considering whether an investment is impracticable?

Question 24: What are the advantages and disadvantages of setting a minimum level of

service at 100 Mbps download and 20 Mbps upload in projects where it is impracticable to set

minimum symmetrical download and upload speeds of 100 Mbps? What are the advantages and

disadvantages of setting a scalability requirement in these cases? What other minimum

standards would be appropriate and why?

Question 25: What are the advantages and disadvantages of focusing these investments

on those without access to a wireline connection that reliably delivers 25 Mbps download by

3 Mbps upload? Would another threshold be appropriate and why?

Question 26: What are the advantages and disadvantages of setting any particular

threshold for identifying unserved or underserved areas, minimum speed standards or scalability

minimum? Are there other standards that should be set (e.g., latency)? If so, why and

how? How can such threshold, standards, or minimum be set in a way that balances the public’s

interest in making sure that reliable broadband services meeting the daily needs of all Americans

are available throughout the country with the providing recipients flexibility to meet the varied

needs of their communities?

III. Restrictions on Use

As discussed above, recipients have considerable flexibility to use Fiscal Recovery Funds

to address the diverse needs of their communities. To ensure that payments from the Fiscal

Recovery Funds are used for these congressionally permitted purposes, the ARPA includes two

provisions that further define the boundaries of the statute’s eligible uses. Section 602(c)(2)(A)

of the Act provides that States and territories may not “use the funds … to either directly or

indirectly offset a reduction in … net tax revenue … resulting from a change in law, regulation,

or administrative interpretation during the covered period that reduces any tax … or delays the

imposition of any tax or tax increase.” In addition, sections 602(c)(2)(B) and 603(c)(2) prohibit

any recipient, including cities, nonentitlement units of government, and counties, from using

Fiscal Recovery Funds for deposit into any pension fund. These restrictions support the use of

funds for the congressionally permitted purposes described in Section II of this Supplementary

Information by providing a backstop against the use of funds for purposes outside of the eligible

use categories.

These provisions give force to Congress’s clear intent that Fiscal Recovery Funds be

spent within the four eligible uses identified in the statute—(1) to respond to the public health

emergency and its negative economic impacts, (2) to provide premium pay to essential workers,

(3) to provide government services to the extent of eligible governments’ revenue losses, and

(4) to make necessary water, sewer, and broadband infrastructure investments—and not

otherwise. These four eligible uses reflect Congress’s judgment that the Fiscal Recovery Funds

should be expended in particular ways that support recovery from the COVID-19 public health

emergency. The further restrictions reflect Congress’s judgment that tax cuts and pension

deposits do not fall within these eligible uses. The interim final rule describes how Treasury will

identify when such uses have occurred and how it will recoup funds put toward these

impermissible uses and, as discussed in Section VIII of this SUPPLEMENTARY

INFORMATION, establishes a reporting framework for monitoring the use of Fiscal Recovery

Funds for eligible uses.

A. Deposit into Pension Funds

The statute provides that recipients may not use Fiscal Recovery Funds for “deposit into

any pension fund.” For the reasons discussed below, Treasury interprets “deposit” in this context

to refer to an extraordinary payment into a pension fund for the purpose of reducing an accrued,

unfunded liability. More specifically, the interim final rule does not permit this assistance to be

used to make a payment into a pension fund if both:

1. the payment reduces a liability incurred prior to the start of the COVID-19 public health

emergency, and

2. the payment occurs outside the recipient’s regular timing for making such payments.

Under this interpretation, a “deposit” is distinct from a “payroll contribution,” which

occurs when employers make payments into pension funds on regular intervals, with

contribution amounts based on a pre-determined percentage of employees’ wages and salaries.

As discussed above, eligible uses for premium pay and responding to the negative

economic impacts of the COVID-19 public health emergency include hiring and compensating

public sector employees. Interpreting the scope of “deposit” to exclude contributions that are

part of payroll contributions is more consistent with these eligible uses and would reduce

administrative burden for recipients. Accordingly, if an employee’s wages and salaries are an

eligible use of Fiscal Recovery Funds, recipients may treat the employee’s covered benefits as an

eligible use of Fiscal Recovery Funds. For purposes of the Fiscal Recovery Funds, covered

benefits include costs of all types of leave (vacation, family-related, sick, military, bereavement,

sabbatical, jury duty), employee insurance (health, life, dental, vision), retirement (pensions,

401(k)), unemployment benefit plans (Federal and State), workers’ compensation insurance, and

Federal Insurance Contributions Act taxes (which includes Social Security and Medicare taxes).

Treasury anticipates that this approach to employees’ covered benefits will be

comprehensive and, for employees whose wage and salary costs are eligible expenses, will allow

all covered benefits listed in the previous paragraph to be eligible under the Fiscal Recovery

Funds. Treasury expects that this will minimize the administrative burden on recipients by

treating all the specified covered benefit types as eligible expenses, for employees whose wage

and salary costs are eligible expenses.

Question 27: Beyond a “deposit” and a “payroll contribution,” are there other types of

payments into a pension fund that Treasury should consider?

B. Offset a Reduction in Net Tax Revenue

For States and territories (recipient governments160), section 602(c)(2)(A)—the offset

provision—prohibits the use of Fiscal Recovery Funds to directly or indirectly offset a reduction

in net tax revenue resulting from a change in law, regulation, or administrative interpretation161

during the covered period. If a State or territory uses Fiscal Recovery Funds to offset a reduction

in net tax revenue, the ARPA provides that the State or territory must repay to the Treasury an

amount equal to the lesser of (i) the amount of the applicable reduction attributable to the

impermissible offset and (ii) the amount received by the State or territory under the ARPA. See

Section IV of this SUPPLEMENTARY INFORMATION. As discussed below Section IV of

this SUPPLEMENTARY INFORMATION, a State or territory that chooses to use Fiscal

Recovery Funds to offset a reduction in net tax revenue does not forfeit its entire allocation of

Fiscal Recovery Funds (unless it misused the full allocation to offset a reduction in net tax

revenue) or any non-ARPA funding received.

The interim final rule implements these conditions by establishing a framework for States

and territories to determine the cost of changes in law, regulation, or interpretation that reduce

tax revenue and to identify and value the sources of funds that will offset—i.e., cover the cost

of—any reduction in net tax revenue resulting from such changes. A recipient government

would only be considered to have used Fiscal Recovery Funds to offset a reduction in net tax

revenue resulting from changes in law, regulation, or interpretation if, and to the extent that, the

recipient government could not identify sufficient funds from sources other than the Fiscal

160 In this sub-section, “recipient governments” refers only to States and territories. In other sections, “recipient governments” refers more broadly to eligible governments receiving funding from the Fiscal Recovery Funds.161 For brevity, referred to as “changes in law, regulation, or interpretation” for the remainder of this preamble.

Recovery Funds to offset the reduction in net tax revenue. If sufficient funds from other sources

cannot be identified to cover the full cost of the reduction in net tax revenue resulting from

changes in law, regulation, or interpretation, the remaining amount not covered by these sources

will be considered to have been offset by Fiscal Recovery Funds, in contravention of the offset

provision. The interim final rule recognizes three sources of funds that may offset a reduction in

net tax revenue other than Fiscal Recovery Funds—organic growth, increases in revenue (e.g., an

increase in a tax rate), and certain cuts in spending.

In order to reduce burden, the interim final rule’s approach also incorporates the types of

information and modeling already used by States and territories in their own fiscal and budgeting

processes. By incorporating existing budgeting processes and capabilities, States and territories

will be able to assess and evaluate the relationship of tax and budget decisions to uses of the

Fiscal Recovery Funds based on information they likely have or can obtain. This approach

ensures that recipient governments have the information they need to understand the implications

of their decisions regarding the use of the Fiscal Recovery Funds—and, in particular, whether

they are using the funds to directly or indirectly offset a reduction in net tax revenue, making

them potentially subject to recoupment.

Reporting on both the eligible uses and on a State’s or territory’s covered tax changes

that would reduce tax revenue will enable identification of, and recoupment for, use of Fiscal

Recovery Funds to directly offset reductions in tax revenue resulting from tax relief. Moreover,

this approach recognizes that, because money is fungible, even if Fiscal Recovery Funds are not

explicitly or directly used to cover the costs of changes that reduce net tax revenue, those funds

may be used in a manner inconsistent with the statute by indirectly being used to substitute for

the State’s or territory’s funds that would otherwise have been needed to cover the costs of the

reduction. By focusing on the cost of changes that reduce net tax revenue—and how a recipient

government is offsetting those reductions in constructing its budget over the covered period—the

framework prevents efforts to use Fiscal Recovery Funds to indirectly offset reductions in net tax

revenue for which the recipient government has not identified other offsetting sources of

funding.

As discussed in greater detail below in this preamble, the framework set forth in the

interim final rule establishes a step-by-step process for determining whether, and the extent to

which, Fiscal Recovery Funds have been used to offset a reduction in net tax revenue. Based on

information reported annually by the recipient government:

First, each year, each recipient government will identify and value the changes in law,

regulation, or interpretation that would result in a reduction in net tax revenue, as it

would in the ordinary course of its budgeting process. The sum of these values in the

year for which the government is reporting is the amount it needs to “pay for” with

sources other than Fiscal Recovery Funds (total value of revenue reducing changes).

Second, the interim final rule recognizes that it may be difficult to predict how a change

would affect net tax revenue in future years and, accordingly, provides that if the total

value of the changes in the year for which the recipient government is reporting is below

a de minimis level, as discussed below, the recipient government need not identify any

sources of funding to pay for revenue reducing changes and will not be subject to

recoupment.

Third, a recipient government will consider the amount of actual tax revenue recorded in

the year for which they are reporting. If the recipient government’s actual tax revenue is

greater than the amount of tax revenue received by the recipient for the fiscal year ending

2019, adjusted annually for inflation, the recipient government will not be considered to

have violated the offset provision because there will not have been a reduction in net tax

revenue.

Fourth, if the recipient government’s actual tax revenue is less than the amount of tax

revenue received by the recipient government for the fiscal year ending 2019, adjusted

annually for inflation, in the reporting year the recipient government will identify any

sources of funds that have been used to permissibly offset the total value of covered tax

changes other than Fiscal Recovery Funds. These are:

o State or territory tax changes that would increase any source of general fund

revenue, such as a change that would increase a tax rate; and

o Spending cuts in areas not being replaced by Fiscal Recovery Funds.

The recipient government will calculate the value of revenue reduction remaining after

applying these sources of offsetting funding to the total value of revenue reducing

changes—that, is, how much of the tax change has not been paid for. The recipient

government will then compare that value to the difference between the baseline and

actual tax revenue. A recipient government will not be required to repay to the Treasury

an amount that is greater than the recipient government’s actual tax revenue shortfall

relative to the baseline (i.e., fiscal year 2019 tax revenue adjusted for inflation). This

“revenue reduction cap,” together with Step 3, ensures that recipient governments can use

organic revenue growth to offset the cost of revenue reductions.

Finally, if there are any amounts that could be subject to recoupment, Treasury will

provide notice to the recipient government of such amounts. This process is discussed in

greater detail in Section IV of this SUPPLEMENTARY INFORMATION.

Together, these steps allow Treasury to identify the amount of reduction in net tax

revenue that both is attributable to covered changes and has been directly or indirectly offset

with Fiscal Recovery Funds. This process ensures Fiscal Recovery Funds are used in a manner

consistent with the statute’s defined eligible uses and the offset provision’s limitation on these

eligible uses, while avoiding undue interference with State and territory decisions regarding tax

and spending policies.

The interim final rule also implements a process for recouping Fiscal Recovery Funds

that were used to offset reductions in net tax revenue, including the calculation of any amounts

that may be subject to recoupment, a process for a recipient government to respond to a notice of

recoupment, and clarification regarding amounts excluded from recoupment. See Section IV of

this SUPPLEMENTARY INFORMATION.

The interim final rule includes several definitions that are applicable to the

implementation of the offset provision.

Covered change. The offset provision is triggered by a reduction in net tax revenue

resulting from “a change in law, regulation, or administrative interpretation.” A covered change

includes any final legislative or regulatory action, a new or changed administrative interpretation,

and the phase-in or taking effect of any statute or rule where the phase-in or taking effect was not

prescribed prior to the start of the covered period. Changed administrative interpretations would

not include corrections to replace prior inaccurate interpretations; such corrections would instead

be treated as changes implementing legislation enacted or regulations issued prior to the covered

period; the operative change in those circumstances is the underlying legislation or regulation

that occurred prior to the covered period. Moreover, only the changes within the control of the

State or territory are considered covered changes. Covered changes do not include a change in

rate that is triggered automatically and based on statutory or regulatory criteria in effect prior to

the covered period. For example, a state law that sets its earned income tax credit (EITC) at a

fixed percentage of the Federal EITC will see its EITC payments automatically increase—and

thus its tax revenue reduced—because of the Federal Government’s expansion of the EITC in the

ARPA.162 This would not be considered a covered change. In addition, the offset provision

applies only to actions for which the change in policy occurs during the covered period; it

excludes regulations or other actions that implement a change or law substantively enacted prior

to March 3, 2021. Finally, Treasury has determined and previously announced that income tax

changes—even those made during the covered period—that simply conform with recent changes

162 See, e.g., Tax Policy Center, How do state earned income tax credits work?, https://www.taxpolicycenter.org/briefing-book/how-do-state-earned-income-tax-credits-work/ (last visited May 9, 2021).

in Federal law (including those to conform to recent changes in Federal taxation of

unemployment insurance benefits and taxation of loan forgiveness under the Paycheck

Protection Program) are permissible under the offset provision.

Baseline. For purposes of measuring a reduction in net tax revenue, the interim final rule

measures actual changes in tax revenue relative to a revenue baseline (baseline). The baseline

will be calculated as fiscal year 2019 (FY 2019) tax revenue indexed for inflation in each year of

the covered period, with inflation calculated using the Bureau of Economic Analysis’s Implicit

Price Deflator.163

FY 2019 was chosen as the starting year for the baseline because it is the last full fiscal

year prior to the COVID-19 public health emergency.164 This baseline year is consistent with the

approach directed by the ARPA in sections 602(c)(1)(C) and 603(c)(1)(C), which identify the

“most recent full fiscal year of the [State, territory, or Tribal government] prior to the

emergency” as the comparator for measuring revenue loss. U.S. gross domestic product is

projected to rebound to pre-pandemic levels in 2021,165 suggesting that an FY 2019 pre-

pandemic baseline is a reasonable comparator for future revenue levels. The FY 2019 baseline

revenue will be adjusted annually for inflation to allow for direct comparison of actual tax

revenue in each year (reported in nominal terms) to baseline revenue in common units of

measurement; without inflation adjustment, each dollar of reported actual tax revenue would be

worth less than each dollar of baseline revenue expressed in 2019 terms.

Reporting year. The interim final rule defines “reporting year” as a single year within the

covered period, aligned to the current fiscal year of the recipient government during the covered

163 U.S. Department of Commerce, Bureau of Economic Analysis, GDP Price Deflator, https://www.bea.gov/data/prices-inflation/gdp-price-deflator (last visited May 9, 2021).164 Using Fiscal Year 2019 is consistent with section 602 as Congress provided for using that baseline for determining the impact of revenue loss affecting the provision of government services. See section 602(c)(1)(C).165 Congressional Budget Office, An Overview of the Economic Outlook: 2021 to 2031 (February 1, 2021), available at https://www.cbo.gov/publication/56965.

period, for which a recipient government reports the value of covered changes and any sources of

offsetting revenue increases (“in-year” value), regardless of when those changes were enacted.

For the fiscal years ending in 2021 or 2025 (partial years), the term “reporting year” refers to the

portion of the year falling within the covered period. For example, the reporting year for a fiscal

year beginning July 2020 and ending June 2021 would be from March 3, 2021 to July 2021.

Tax revenue. The interim final rule’s definition of “tax revenue” is based on the Census

Bureau’s definition of taxes, used for its Annual Survey of State Government Finances.166 It

provides a consistent, well-established definition with which States and territories will be

familiar and is consistent with the approach taken in Section II.C of this SUPPLEMENTARY

INFORMATION describing the implementation of sections 602(c)(1)(C) and 603(c)(1)(C) of the

Act, regarding revenue loss. Consistent with the approach described in Section II.C of this

SUPPLEMENTARY INFORMATION, tax revenue does not include revenue taxed and

collected by a different unit of government (e.g., revenue from taxes levied by a local

government and transferred to a recipient government).

Framework. The interim final rule provides a step-by-step framework, to be used in each

reporting year, to calculate whether the offset provision applies to a State’s or territory’s use of

Fiscal Recovery Funds:

(1) Covered changes that reduce tax revenue. For each reporting year, a recipient

government will identify and value covered changes that the recipient government predicts will

have the effect of reducing tax revenue in a given reporting year, similar to the way it would in

the ordinary course of its budgeting process. The value of these covered changes may be

reported based on estimated values produced by a budget model, incorporating reasonable

assumptions, that aligns with the recipient government’s existing approach for measuring the

166 U.S. Census Bureau, Annual Survey of State and Local Government Finances Glossary, https://www.census.gov/programs-surveys/state/about/glossary.html (last visited Apr. 30, 2021).

effects of fiscal policies, and that measures relative to a current law baseline. The covered

changes may also be reported based on actual values using a statistical methodology to isolate

the change in year-over-year revenue attributable to the covered change(s), relative to the current

law baseline prior to the change(s). Further, estimation approaches should not use dynamic

methodologies that incorporate the projected effects of macroeconomic growth because

macroeconomic growth is accounted for separately in the framework. Relative to these dynamic

scoring methodologies, scoring methodologies that do not incorporate projected effects of

macroeconomic growth rely on fewer assumptions and thus provide greater consistency among

States and territories. Dynamic scoring that incorporates macroeconomic growth may also

increase the likelihood of underestimation of the cost of a reduction in tax revenue.

In general and where possible, reporting should be produced by the agency of the

recipient government responsible for estimating the costs and effects of fiscal policy changes.

This approach offers recipient governments the flexibility to determine their reporting

methodology based on their existing budget scoring practices and capabilities. In addition, the

approach of using the projected value of changes in law that enact fiscal policies to estimate the

net effect of such policies is consistent with the way many States and territories already consider

tax changes.167

(2) In excess of the de minimis. The recipient government will next calculate the total

value of all covered changes in the reporting year resulting in revenue reductions, identified in

Step 1. If the total value of the revenue reductions resulting from these changes is below the de

minimis level, the recipient government will be deemed not to have any revenue-reducing

changes for the purpose of determining the recognized net reduction. If the total is above the de

167 See, e.g., Megan Randall & Kim Rueben, Tax Policy Center, Sustainable Budgeting in the States: Evidence on State Budget Institutions and Practices (Nov. 2017), available at https://www.taxpolicycenter.org/sites/default/files/publication/149186/sustainable-budgeting-in-the-states_1.pdf.

minimis level, the recipient government must identify sources of in-year revenue to cover the full

costs of changes that reduce tax revenue.

The de minimis level is calculated as 1 percent of the reporting year’s baseline. Treasury

recognizes that, pursuant to their taxing authority, States and territories may make many small

changes to alter the composition of their tax revenues or implement other policies with marginal

effects on tax revenues. They may also make changes based on projected revenue effects that

turn out to differ from actual effects, unintentionally resulting in minor revenue changes that are

not fairly described as “resulting from” tax law changes. The de minimis level recognizes the

inherent challenges and uncertainties that recipient governments face, and thus allows relatively

small reductions in tax revenue without consequence. Treasury determined the 1 percent level

by assessing the historical effects of state-level tax policy changes in state EITCs implemented to

effect policy goals other than reducing net tax revenues.168 The 1 percent de minimis level

reflects the historical reductions in revenue due to minor changes in state fiscal policies.

(3) Safe harbor. The recipient government will then compare the reporting year’s actual

tax revenue to the baseline. If actual tax revenue is greater than the baseline, Treasury will deem

the recipient government not to have any recognized net reduction for the reporting year, and

therefore to be in a safe harbor and outside the ambit of the offset provision. This approach is

consistent with the ARPA, which contemplates recoupment of Fiscal Recovery Funds only in the

event that such funds are used to offset a reduction in net tax revenue. If net tax revenue has not

been reduced, this provision does not apply. In the event that actual tax revenue is above the

baseline, the organic revenue growth that has occurred, plus any other revenue-raising changes,

by definition must have been enough to offset the in-year costs of the covered changes.

(4) Consideration of other sources of funding. Next, the recipient government will

identify and calculate the total value of changes that could pay for revenue reduction due to

168 Data provided by the Urban-Brookings Tax Policy Center for state-level EITC changes for 2004-2017.

covered changes and sum these items. This amount can be used to pay for up to the total value

of revenue-reducing changes in the reporting year. These changes consist of two categories:

(a) Tax and other increases in revenue. The recipient government must identify and

consider covered changes in policy that the recipient government predicts will have the effect of

increasing general revenue in a given reporting year. As when identifying and valuing covered

changes that reduce tax revenue, the value of revenue-raising changes may be reported based on

estimated values produced by a budget model, incorporating reasonable assumptions, aligned

with the recipient government’s existing approach for measuring the effects of fiscal policies,

and measured relative to a current law baseline, or based on actual values using a statistical

methodology to isolate the change in year-over-year revenue attributable to the covered

change(s). Further, and as discussed above, estimation approaches should not use dynamic

scoring methodologies that incorporate the effects of macroeconomic growth because growth is

accounted for separately under the interim final rule. In general and where possible, reporting

should be produced by the agency of the recipient government responsible for estimating the

costs and effects of fiscal policy changes. This approach offers recipient governments the

flexibility to determine their reporting methodology based on their existing budget scoring

practices and capabilities.

(b) Covered spending cuts. A recipient government also may cut spending in certain

areas to pay for covered changes that reduce tax revenue, up to the amount of the recipient

government’s net reduction in total spending as described below. These changes must be

reductions in government outlays not in an area where the recipient government has spent Fiscal

Recovery Funds. To better align with existing reporting and accounting, the interim final rule

considers the department, agency, or authority from which spending has been cut and whether

the recipient government has spent Fiscal Recovery Funds on that same department, agency, or

authority. This approach was selected to allow recipient governments to report how Fiscal

Recovery Funds have been spent using reporting units already incorporated into their budgeting

process. If they have not spent Fiscal Recovery Funds in a department, agency, or authority, the

full amount of the reduction in spending counts as a covered spending cut, up to the recipient

government’s net reduction in total spending. If they have, the Fiscal Recovery Funds generally

would be deemed to have replaced the amount of spending cut and only reductions in spending

above the amount of Fiscal Recovery Funds spent on the department, agency, or authority would

count.

To calculate the amount of spending cuts that are available to offset a reduction in tax

revenue, the recipient government must first consider whether there has been a reduction in total

net spending, excluding Fiscal Recovery Funds (net reduction in total spending). This approach

ensures that reported spending cuts actually create fiscal space, rather than simply offsetting

other spending increases. A net reduction in total spending is measured as the difference

between total spending in each reporting year, excluding Fiscal Recovery Funds spent, relative to

total spending for the recipient’s fiscal year ending in 2019, adjusted for inflation. Measuring

reductions in spending relative to 2019 reflects the fact that the fiscal space created by a

spending cut persists so long as spending remains below its original level, even if it does not

decline further, relative to the same amount of revenue. Measuring spending cuts from year to

year would, by contrast, not recognize any available funds to offset revenue reductions unless

spending continued to decline, failing to reflect the actual availability of funds created by a

persistent change and limiting the discretion of States and territories. In general and where

possible, reporting should be produced by the agency of the recipient government responsible for

estimating the costs and effects of fiscal policy changes. Treasury chose this approach because

while many recipient governments may score budget legislation using projections, spending cuts

are readily observable using actual values.

This approach—allowing only spending reductions in areas where the recipient

government has not spent Fiscal Recovery Funds to be used as an offset for a reduction in net tax

revenue—aims to prevent recipient governments from using Fiscal Recovery Funds to supplant

State or territory funding in the eligible use areas, and then use those State or territory funds to

offset tax cuts. Such an approach helps ensure that Fiscal Recovery Funds are not used to

“indirectly” offset revenue reductions due to covered changes.

In order to help ensure recipient governments use Fiscal Recovery Funds in a manner

consistent with the prescribed eligible uses and do not use Fiscal Recovery Funds to indirectly

offset a reduction in net tax revenue resulting from a covered change, Treasury will monitor

changes in spending throughout the covered period. If, over the course of the covered period, a

spending cut is subsequently replaced with Fiscal Recovery Funds and used to indirectly offset a

reduction in net tax revenue resulting from a covered change, Treasury may consider such

change to be an evasion of the restrictions of the offset provision and seek recoupment of such

amounts.

(5) Identification of amounts subject to recoupment. If a recipient government (i) reports

covered changes that reduce tax revenue (Step 1); (ii) to a degree greater than the de minimis

(Step 2); (iii) has experienced a reduction in net tax revenue (Step 3); and (iv) lacks sufficient

revenue from other, permissible sources to pay for the entirety of the reduction (Step 4), then the

recipient government will be considered to have used Fiscal Recovery Funds to offset a

reduction in net tax revenue, up to the amount that revenue has actually declined. That is, the

maximum value of reduction in revenue due to covered changes which a recipient government

must cover is capped at the difference between the baseline and actual tax revenue.169 In the

event that the baseline is above actual tax revenue and the difference between them is less than

the sum of revenue reducing changes that are not paid for with other, permissible sources,

organic revenue growth has implicitly offset a portion of the reduction. For example, if a

recipient government reduces tax revenue by $1 billion, makes no other changes, and

169 This cap is applied in § 35.8(c) of the interim final rule, calculating the amount of funds used in violation of the tax offset provision.

experiences revenue growth driven by organic economic growth worth $500 million, it need only

pay for the remaining $500 million with sources other than Fiscal Recovery Funds. The revenue

reduction cap implements this approach for permitting organic revenue growth to cover the cost

of tax cuts.

Finally, as discussed further in Section IV of this SUPPLEMENTARY INFORMATION,

a recipient government may request reconsideration of any amounts identified as subject to

recoupment under this framework. This process ensures that all relevant facts and

circumstances, including information regarding planned spending cuts and budgeting

assumptions, are considered prior to a determination that an amount must be repaid. Amounts

subject to recoupment are calculated on an annual basis; amounts recouped in one year cannot be

returned if the State or territory subsequently reports an increase in net tax revenue.

To facilitate the implementation of the framework above, and in addition to reporting

required on eligible uses, in each year of the reporting period, each State and territory will report

to Treasury the following items:

Actual net tax revenue for the reporting year;

Each revenue-reducing change made to date during the covered period and the in-year

value of each change;

Each revenue-raising change made to date during the covered period and the in-year

value of each change;

Each covered spending cut made to date during the covered period, the in-year value of

each cut, and documentation demonstrating that each spending cut is covered as

prescribed under the interim final rule;

Treasury will provide additional guidance and instructions the reporting requirements at a later

date.

Question 28: Does the interim final rule’s definition of tax revenue accord with existing

State and territorial practice and, if not, are there other definitions or elements Treasury should

consider? Discuss why or why not.

Question 29: The interim final rule permits certain spending cuts to cover the costs of

reductions in tax revenue, including cuts in a department, agency, or authority in which the

recipient government is not using Fiscal Recovery Funds. How should Treasury and recipient

governments consider the scope of a department, agency, or authority for the use of funds to

ensure spending cuts are not being substituted with Fiscal Recovery Funds while also avoiding

an overbroad definition of that captures spending that is, in fact, distinct?

Question 30: Discuss the budget scoring methodologies currently used by States and

territories. How should the interim final rule take into consideration differences in approaches?

Please discuss the use of practices including but not limited to macrodynamic scoring,

microdynamic scoring, and length of budget windows.

Question 31: If a recipient government has a balanced budget requirement, how will that

requirement impact its use of Fiscal Recovery Funds and ability to implement this framework?

Question 32: To implement the framework described above, the interim final rule

establishes certain reporting requirements. To what extent do recipient governments already

produce this information and on what timeline? Discuss ways that Treasury and recipient

governments may better rely on information already produced, while ensuring a consistent

application of the framework.

Question 33: Discuss States’ and territories’ ability to produce the figures and numbers

required for reporting under the interim final rule. What additional reporting tools, such as a

standardized template, would facilitate States’ and territories’ ability to complete the reporting

required under the interim final rule?

C. Other Restrictions on Use

Payments from the Fiscal Recovery Funds are also subject to pre-existing limitations

provided in other Federal statutes and regulations and may not be used as non-Federal match for

other Federal programs whose statute or regulations bar the use of Federal funds to meet

matching requirements. For example, payments from the Fiscal Recovery Funds may not be

used to satisfy the State share of Medicaid.170

As provided for in the award terms, payments from the Fiscal Recovery Funds as a

general matter will be subject to the provisions of the Uniform Administrative Requirements,

Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200) (the Uniform

Guidance), including the cost principles and restrictions on general provisions for selected items

of cost.

D. Timeline for Use of Fiscal Recovery Funds

Section 602(c)(1) and section 603(c)(1) require that payments from the Fiscal Recovery

Funds be used only to cover costs incurred by the State, territory, Tribal government, or local

government by December 31, 2024. Similarly, the CARES Act provided that payments from the

CRF be used to cover costs incurred by December 31, 2021.171 The definition of “incurred” does

not have a clear meaning. With respect to the CARES Act, on the understanding that the CRF

was intended to be used to meet relatively short-term needs, Treasury interpreted this

requirement to mean that, for a cost to be considered to have been incurred, performance of the

service or delivery of the goods acquired must occur by December 31, 2021. In contrast, the

ARPA, passed at a different stage of the COVID-19 public health emergency, was intended to

provide more general fiscal relief over a broader timeline. In addition, the ARPA expressly

permits the use of Fiscal Recovery Funds for improvements to water, sewer, and broadband

170 See 42 CFR 433.51 and 45 CFR 75.306.171 Section 1001 of Division N of the Consolidated Appropriations Act, 2021 amended section 601(d)(3) of the Act by extending the end of the covered period for CRF expenditures from December 30, 2020 to December 31, 2021.

infrastructure, which entail a longer timeframe. In recognition of this, Treasury is interpreting

the requirement in section 602 and section 603 that costs be incurred by December 31, 2024, to

require only that recipients have obligated the Fiscal Recovery Funds by such date. The interim

final rule adopts a definition of “obligation” that is based on the definition used for purposes of

the Uniform Guidance, which will allow for uniform administration of this requirement and is a

definition with which most recipients will be familiar.

Payments from the Fiscal Recovery Funds are grants provided to recipients to mitigate

the fiscal effects of the COVID-19 public health emergency and to respond to the public health

emergency, consistent with the eligible uses enumerated in sections 602(c)(1) and 603(c)(1).172

As such, these funds are intended to provide economic stimulus in areas still recovering from the

economic effects of the pandemic. In implementing and interpreting these provisions, including

what it means to “respond to” the COVID-19 public health emergency, Treasury takes into

consideration pre-pandemic facts and circumstances (e.g., average revenue growth prior to the

pandemic) as well as impact of the pandemic that predate the enactment of the ARPA (e.g.,

replenishing Unemployment Trust balances drawn during the pandemic). While assessing the

effects of the COVID-19 public health emergency necessarily takes into consideration the facts

and circumstances that predate the ARPA, use of Fiscal Recovery Funds is forward looking.

As discussed above, recipients are permitted to use payments from the Fiscal Recovery

Funds to respond to the public health emergency, to respond to workers performing essential

work by providing premium pay or providing grants to eligible employers, and to make

necessary investments in water, sewer, or broadband infrastructure, which all relate to

prospective uses. In addition, sections 602(c)(1)(C) and 603(c)(1)(C) permit recipients to use

Fiscal Recovery Funds for the provision of government services. This clause provides that the

amount of funds that may be used for this purpose is measured by reference to the reduction in

172 Sections 602(a), 603(a), 602(c)(1) and 603(c)(1) of the Act.

revenue due to the public health emergency relative to revenues collected in the most recent full

fiscal year, but this reference does not relate to the period during which recipients may use the

funds, which instead refers to prospective uses, consistent with the other eligible uses.

Although as discussed above the eligible uses of payments from the Fiscal Recovery

Funds are all prospective in nature, Treasury considers the beginning of the covered period for

purposes of determining compliance with section 602(c)(2)(A) to be the relevant reference point

for this purpose. The interim final rule thus permits funds to be used to cover costs incurred

beginning on March 3, 2021. This aligns the period for use of Fiscal Recovery Funds with the

period during which these funds may not be used to offset reductions in net tax revenue.

Permitting Fiscal Recovery Funds to be used to cover costs incurred beginning on this date will

also mean that recipients that began incurring costs in the anticipation of enactment of the ARPA

and in advance of the issuance of this rule and receipt of payment from the Fiscal Recovery

Funds would be able to cover them using these payments.173

As set forth in the award terms, the period of performance will run until

December 31, 2026, which will provide recipients a reasonable amount of time to complete

projects funded with payments from the Fiscal Recovery Funds.

173 Given the nature of this program, recipients will not be permitted to use funds to cover pre-award costs, i.e., those incurred prior to March 3, 2021.

IV. Recoupment Process

Under the ARPA, failure to comply with the restrictions on use contained in

sections 602(c) and 603(c) of the Act may result in recoupment of funds.174 The interim final

rule implements these provisions by establishing a process for recoupment.

Identification and Notice of Violations. Failure to comply with the restrictions on use

will be identified based on reporting provided by the recipient. As discussed further in

Sections III.B and VIII of this SUPPLEMENTARY INFORMATION, Treasury will collect

information regarding eligible uses on a quarterly basis and on the tax offset provision on an

annual basis. Treasury also may consider other information in identifying a violation, such as

information provided by members of the public. If Treasury identifies a violation, it will provide

written notice to the recipient along with an explanation of such amounts.

Request for Reconsideration. Under the interim final rule, a recipient may submit a

request for reconsideration of any amounts identified in the notice provided by Treasury. This

reconsideration process provides a recipient the opportunity to submit additional information it

believes supports its request in light of the notice of recoupment, including, for example,

additional information regarding the recipient’s use of Fiscal Recovery Funds or its tax revenues.

The process also provides the Secretary with an opportunity to consider all information relevant

to whether a violation has occurred, and if so, the appropriate amount for recoupment.

The interim final rule also establishes requirements for the timing of a request for

reconsideration. Specifically, if a recipient wishes to request reconsideration of any amounts

identified in the notice, the recipient must submit a written request for reconsideration to the

Secretary within 60 calendar days of receipt of such notice. The request must include an

explanation of why the recipient believes that the finding of a violation or recoupable amount

identified in the notice of recoupment should be reconsidered. To facilitate the Secretary’s

174 Sections 602(e) and 603(e) of the Act.

review of a recipient’s request for reconsideration, the request should identify all supporting

reasons for the request. Within 60 calendar days of receipt of the recipient’s request for

reconsideration, the recipient will be notified of the Secretary’s decision to affirm, withdraw, or

modify the notice of recoupment. Such notification will include an explanation of the decision,

including responses to the recipient’s supporting reasons and consideration of additional

information provided.

The process and timeline established by the interim final rule are intended to provide the

recipient with an adequate opportunity to fully present any issues or arguments in response to the

notice of recoupment.175 This process will allow the Secretary to respond to the issues and

considerations raised in the request for reconsideration taking into account the information and

arguments presented by the recipient along with any other relevant information.

Repayment. Finally, the interim final rule provides that any amounts subject to

recoupment must be repaid within 120 calendar days of receipt of any final notice of recoupment

or, if the recipient has not requested reconsideration, within 120 calendar days of the initial

notice provided by the Secretary.

Question 34: Discuss the timeline for requesting reconsideration under the interim final

rule. What, if any, challenges does this timeline present?

V. Payments in Tranches to Local Governments and Certain States

Section 603 of the Act provides that the Secretary will make payments to local

governments in two tranches, with the second tranche being paid twelve months after the first

payment. In addition, section 602(b)(6)(A)(ii) provides that the Secretary may withhold payment

of up to 50 percent of the amount allocated to each State and territory for a period of up to twelve

months from the date on which the State or territory provides its certification to the Secretary.

175 The interim final rule also provides that Treasury may extend any deadlines.

Any such withholding for a State or territory is required to be based on the unemployment rate in

the State or territory as of the date of the certification.

The Secretary has determined to provide in this interim final rule for withholding of

50 percent of the amount of Fiscal Recovery Funds allocated to all States (and the District of

Columbia) other than those with an unemployment rate that is 2.0 percentage points or more

above its pre-pandemic (i.e., February 2020) level. The Secretary will refer to the latest

available monthly data from the Bureau of Labor Statistics as of the date the certification is

provided. Based on data available at the time of public release of this interim final rule, this

threshold would result in a majority of States being paid in two tranches.

Splitting payments for the majority of States is consistent with the requirement in

section 603 of the Act to make payments from the Coronavirus Local Fiscal Recovery Fund to

local governments in two tranches. 176 Splitting payments to States into two tranches will help

encourage recipients to adapt, as necessary, to new developments that could arise over the

coming twelve months, including potential changes to the nature of the public health emergency

and its negative economic impacts. While the U.S. economy has been recovering and adding

jobs in aggregate, there is still considerable uncertainty in the economic outlook and the

interaction between the pandemic and the economy.177 For these reasons, Treasury believes it

will be appropriate for a majority of recipients to adapt their plans as the recovery evolves. For

176 With respect to Federal financial assistance more generally, States are subject to the requirements of the Cash Management Improvement Act (CMIA), under which Federal funds are drawn upon only on an as needed basis and States are required to remit interest on unused balances to Treasury. Given the statutory requirement for Treasury to make payments to States within a certain period, these requirements of the CMIA and Treasury’s implementing regulations at 31 CFR part 205 will not apply to payments from the Fiscal Recovery Funds. Providing funding in two tranches to the majority of States reflects, to the maximum extent permitted by section 602 of the Act, the general principles of Federal cash management and stewardship of Federal funding, yet will be much less restrictive than the usual requirements to which States are subject. 177 The potential course of the virus, and its impact on the economy, has contributed to a heightened degree of uncertainty relative to prior periods. See, e.g., Dave Altig et al., Economic uncertainty before and during the COVID-19 pandemic, J. of Public Econ. (Nov. 2020), available at https://www.sciencedirect.com/science/article/abs/pii/S0047272720301389

example, a faster-than-expected economic recovery in 2021 could lead a recipient to dedicate

more Fiscal Recovery Funds to longer-term investments starting in 2022. In contrast, a slower-

than-expected economic recovery in 2021 could lead a recipient to use additional funds for near-

term stimulus in 2022.

At the same time, the statute contemplates the possibility that elevated unemployment in

certain States could justify a single payment. Elevated unemployment is indicative of a greater

need to assist unemployed workers and stimulate a faster economic recovery. For this reason,

the interim final rule provides that States and territories with an increase in their unemployment

rate over a specified threshold may receive a single payment, with the expectation that a single

tranche will better enable these States and territories to take additional immediate action to aid

the unemployed and strengthen their economies.

Following the initial pandemic-related spike in unemployment in 2020, States’

unemployment rates have been trending back towards pre-pandemic levels. However, some

States’ labor markets are healing more slowly than others. Moreover, States varied widely in

their pre-pandemic levels of unemployment, and some States remain substantially further from

their pre-pandemic starting point. Consequently, Treasury is delineating States with significant

remaining elevation in the unemployment rate, based on the net difference to pre-pandemic

levels.

Treasury has established that significant remaining elevation in the unemployment rate is

a net change in the unemployment rate of 2.0 percentage points or more relative to pre-pandemic

levels. In the four previous recessions going back to the early 1980s, the national unemployment

rate rose by 3.6, 2.3, 2.0, and 5.0 percentage points, as measured from the start of the recession to

the eventual peak during or immediately following the recession.178 Each of these increases can

178 Includes the period during and immediately following recessions, as defined by the National Bureau of Economic Research. National Bureau of Economic Research, US Business Cycle Expansions and

therefore represent a recession’s impact on unemployment. To identify States with significant

remaining elevation in unemployment, Treasury took the lowest of these four increases,

2.0 percentage points, to indicate states where, despite improvement in the unemployment rate,

current labor market conditions are consistent still with a historical benchmark for a recession.

No U.S. territory will be subject to withholding of its payment from the Fiscal Recovery

Funds. For Puerto Rico, the Secretary has determined that the current level of the unemployment

rate (8.8 percent, as of March 2021179) is sufficiently high such that Treasury should not

withhold any portion of its payment from the Fiscal Recovery Funds regardless of its change in

unemployment rate relative to its pre-pandemic level. For U.S. territories that are not included in

the Bureau of Labor Statistics’ monthly unemployment rate data, the Secretary will not exercise

the authority to withhold amounts from the Fiscal Recovery Funds.

VI. Transfer

The statute authorizes State, territorial, and Tribal governments; counties; metropolitan

cities; and nonentitlement units of local government (counties, metropolitan cities, and

nonentitlement units of local government are collectively referred to as “local governments”) to

transfer amounts paid from the Fiscal Recovery Funds to a number of specified entities. By

permitting these transfers, Congress recognized the importance of providing flexibility to

governments seeking to achieve the greatest impact with their funds, including by working with

other levels or units of government or private entities to assist recipient governments in carrying

out their programs. This includes special-purpose districts that perform specific functions in the

community, such as fire, water, sewer, or mosquito abatement districts.

Contractions, https://www.nber.org/research/data/us-business-cycle-expansions-and-contractions (last visited Apr. 27, 20201). Based on data from U.S. Bureau of Labor Statistics, Unemployment Rate [UNRATE], retrieved from FRED, Federal Reserve Bank of St. Louis, https://fred.stlouisfed.org/series/UNRATE (last visited Apr. 27, 2021).179 U.S. Bureau of Labor Statistics, Economic News Release – Table 1. Civilian labor force and unemployment by state and selected area, seasonally adjusted, https://www.bls.gov/news.release/laus.t01.htm (last visited Apr. 30, 2021).

Specifically, under section 602(c)(3), a State, territory, or Tribal government may transfer

funds to a “private nonprofit organization . . . a Tribal organization . . . a public benefit

corporation involved in the transportation of passengers or cargo, or a special-purpose unit of

State or local government.”180 Similarly, section 603(c)(3) authorizes a local government to

transfer funds to the same entities (other than Tribal organizations).

The interim final rule clarifies that the lists of transferees in sections 602(c)(3) and

603(c)(3) are not exclusive. The interim final rule permits State, territorial, and Tribal

governments to transfer Fiscal Recovery Funds to other constituent units of government or

private entities beyond those specified in the statute. Similarly, local governments are authorized

to transfer Fiscal Recovery Funds to other constituent units of government (e.g., a county is able

to transfer Fiscal Recovery Funds to a city, town, or school district within it) or to private

entities. This approach is intended to help provide funding to local governments with needs that

may exceed the allocation provided under the statutory formula.

State, local, territorial, and Tribal governments that receive a Federal award directly from

a Federal awarding agency, such as Treasury, are “recipients.” A transferee receiving a transfer

from a recipient under sections 602(c)(3) and 603(c)(3) will be a subrecipient. Subrecipients are

entities that receive a subaward from a recipient to carry out a program or project on behalf of

the recipient with the recipient’s Federal award funding. The recipient remains responsible for

monitoring and overseeing the subrecipient’s use of Fiscal Recovery Funds and other activities

related to the award to ensure that the subrecipient complies with the statutory and regulatory

requirements and the terms and conditions of the award. Recipients also remain responsible for

reporting to Treasury on their subrecipients’ use of payments from the Fiscal Recovery Funds for

the duration of the award.

180 Section 602(c)(3) of the Act.

Transfers under sections 602(c)(3) and 603(c)(3) must qualify as an eligible use of Fiscal

Recovery Funds by the transferor. Once Fiscal Recovery Funds are received, the transferee must

abide by the restrictions on use applicable to the transferor under the ARPA and other applicable

law and program guidance. For example, if a county transferred Fiscal Recovery Funds to a

town within its borders to respond to the COVID-19 public health emergency, the town would be

bound by the eligible use requirements applicable to the county in carrying out the county’s goal.

This also means that county A may not transfer Fiscal Recovery Funds to county B for use in

county B because such a transfer would not, from the perspective of the transferor (county A), be

an eligible use in county A.

Section 603(c)(4) separately provides for transfers by a local government to its State or

territory. A transfer under section 603(c)(4) will not make the State a subrecipient of the local

government, and such Fiscal Recovery Funds may be used by the State for any purpose

permitted under section 602(c). A transfer under section 603(c)(4) will result in a cancellation or

termination of the award on the part of the transferor local government and a modification of the

award to the transferee State or territory. The transferor must provide notice of the transfer to

Treasury in a format specified by Treasury. If the local government does not provide such

notice, it will remain legally obligated to Treasury under the award and remain responsible for

ensuring that the awarded Fiscal Recovery Funds are being used in accordance with the statute

and program guidance and for reporting on such uses to Treasury. A State that receives a

transfer from a local government under section 603(c)(4) will be bound by all of the use

restrictions set forth in section 602(c) with respect to the use of those Fiscal Recovery Funds,

including the prohibitions on use of such Fiscal Recovery Funds to offset certain reductions in

taxes or to make deposits into pension funds.

Question 35: What are the advantages and disadvantages of treating the list of

transferees in sections 602(c)(3) and 603(c)(3) as nonexclusive, allowing States and localities to

transfer funds to entities outside of the list?

Question 36: Are there alternative ways of defining “special-purpose unit of State or local government” and “public benefit corporation” that would better further the aims of the Funds?

VII. Nonentitlement Units of Government

The Fiscal Recovery Funds provides for $19.53 billion in payments to be made to States

and territories which will distribute the funds to nonentitlement units of local government

(NEUs); local governments which generally have populations below 50,000. These local

governments have not yet received direct fiscal relief from the Federal Government during the

COVID-19 public health emergency, making Fiscal Recovery Funds payments an important

source of support for their public health and economic responses. Section 603 requires Treasury

to allocate and pay Fiscal Recovery Funds to the States and territories and requires the States and

territories to distribute Fiscal Recovery Funds to NEUs based on population within 30 days of

receipt unless an extension is granted by the Secretary. The interim final rule clarifies certain

aspects regarding the distribution of Fiscal Recovery by States and territories to NEUs, as well as

requirements around timely payments from the Fiscal Recovery Funds.

The ARPA requires that States and territories allocate funding to NEUs in an amount that

bears the same proportion as the population of the NEU bears to the total population of all NEUs

in the State or territory, subject to a cap (described below). Because the statute requires States

and territories to make distributions based on population, States and territories may not place

additional conditions or requirements on distributions to NEUs, beyond those required by the

ARPA and Treasury’s implementing regulations and guidance. For example, a State may not

impose stricter limitations than permitted by statute or Treasury regulations or guidance on an

NEU’s use of Fiscal Recovery Funds based on the NEU’s proposed spending plan or other

policies. States and territories are also not permitted to offset any debt owed by the NEU against

the NEU’s distribution. Further, States and territories may not provide funding on a

reimbursement basis—e.g., requiring NEUs to pay for project costs up front before being

reimbursed with Fiscal Recovery Funds payments—because this funding model would not

comport with the statutory requirement that States and territories make distributions to NEUs

within the statutory timeframe.

Similarly, States and territories distributing Fiscal Recovery Funds payments to NEUs are

responsible for complying with the Fiscal Recovery Funds statutory requirement that

distributions to NEUs not exceed 75 percent of the NEU’s most recent budget. The most recent

budget is defined as the NEU’s most recent annual total operating budget, including its general

fund and other funds, as of January 27, 2020. Amounts in excess of such cap and therefore not

distributed to the NEU must be returned to Treasury by the State or territory. States and

territories may rely for this determination on a certified top-line budget total from the NEU.

Under the interim final rule, the total allocation and distribution to an NEU, including the

sum of both the first and second tranches of funding, cannot exceed the 75 percent cap. States

and territories must permit NEUs without formal budgets as of January 27, 2020 to self-certify

their most recent annual expenditures as of January 27, 2020 for the purpose of calculating the

cap. This approach will provide an administrable means to implement the cap for small local

governments that do not adopt a formal budget.

Section 603(b)(3) of the Social Security Act provides for Treasury to make payments to

counties but provides that, in the case of an amount to be paid to a county that is not a unit of

general local government, the amount shall instead be paid to the State in which such county is

located, and such State shall distribute such amount to each unit of general local government

within such county in an amount that bears the same proportion to the amount to be paid to such

county as the population of such units of general local government bears to the total population

of such county. As with NEUs, States may not place additional conditions or requirements on

distributions to such units of general local government, beyond those required by the ARPA and

Treasury’s implementing regulations and guidance.

In the case of consolidated governments, section 603(b)(4) allows consolidated

governments (e.g., a city-county consolidated government) to receive payments under each

allocation based on the respective formulas. In the case of a consolidated government, Treasury

interprets the budget cap to apply to the consolidated government’s NEU allocation under

section 603(b)(2) but not to the consolidated government’s county allocation under

section 603(b)(3).

If necessary, States and territories may use the Fiscal Recovery Funds under

section 602(c)(1)(A) to fund expenses related to administering payments to NEUs and units of

general local government, as disbursing these funds itself is a response to the public health

emergency and its negative economic impacts. If a State or territory requires more time to

disburse Fiscal Recovery Funds to NEUs than the allotted 30 days, Treasury will grant

extensions of not more than 30 days for States and territories that submit a certification in writing

in accordance with section 603(b)(2)(C)(ii)(I). Additional extensions may be granted at the

discretion of the Secretary.

Question 37: What are alternative ways for States and territories to enforce the

75 percent cap while reducing the administrative burden on them?

Question 38: What criteria should Treasury consider in assessing requests for

extensions for further time to distribute NEU payments?

VIII. Reporting

States (defined to include the District of Columbia), territories, metropolitan cities,

counties, and Tribal governments will be required to submit one interim report and thereafter

quarterly Project and Expenditure reports through the end of the award period on

December 31, 2026. The interim report will include a recipient’s expenditures by category at the

summary level from the date of award to July 31, 2021 and, for States and territories,

information related to distributions to nonentitlement units. Recipients must submit their interim

report to Treasury by August 31, 2021. Nonentitlement units of local government are not

required to submit an interim report.

The quarterly Project and Expenditure reports will include financial data, information on

contracts and subawards over $50,000, types of projects funded, and other information regarding

a recipient’s utilization of the award funds. The reports will include the same general data (e.g.,

on obligations, expenditures, contracts, grants, and sub-awards) as those submitted by recipients

of the CRF, with some modifications. Modifications will include updates to the expenditure

categories and the addition of data elements related to specific eligible uses, including some of

the reporting elements described in sections above. The initial quarterly Project and Expenditure

report will cover two calendar quarters from the date of award to September 30, 2021, and must

be submitted to Treasury by October 31, 2021. The subsequent quarterly reports will cover one

calendar quarter and must be submitted to Treasury within 30 days after the end of each calendar

quarter.

Nonentitlement units of local government will be required to submit annual Project and

Expenditure reports until the end of the award period on December 31, 2026. The initial annual

Project and Expenditure report for nonentitlement units of local government will cover activity

from the date of award to September 30, 2021 and must be submitted to Treasury by

October 31, 2021. The subsequent annual reports must be submitted to Treasury by October 31

each year.

States, territories, metropolitan cities, and counties with a population that exceeds

250,000 residents will also be required to submit an annual Recovery Plan Performance report to

Treasury. The Recovery Plan Performance report will provide the public and Treasury

information on the projects that recipients are undertaking with program funding and how they

are planning to ensure project outcomes are achieved in an effective, efficient, and equitable

manner. Each jurisdiction will have some flexibility in terms of the form and content of the

Recovery Plan Performance report, as long as it includes the minimum information required by

Treasury. The Recovery Plan Performance report will include key performance indicators

identified by the recipient and some mandatory indicators identified by Treasury, as well as

programmatic data in specific eligible use categories and the specific reporting requirements

described in the sections above. The initial Recovery Plan Performance report will cover the

period from the date of award to July 31, 2021 and must be submitted to Treasury by

August 31, 2021. Thereafter, Recovery Plan Performance reports will cover a 12-month period,

and recipients will be required to submit the report to Treasury within 30 days after the end of

the 12-month period. The second Recovery Plan Performance report will cover the period from

July 1, 2021 to June 30, 2022, and must be submitted to Treasury by July 31, 2022. Each annual

Recovery Plan Performance report must be posted on the public-facing website of the recipient.

Local governments with fewer than 250,000 residents, Tribal governments, and nonentitlement

units of local government are not required to develop a Recovery Plan Performance report.

Treasury will provide additional guidance and instructions on the reporting requirements

outlined above for the Fiscal Recovery Funds at a later date.

IX. Comments and Effective Date

This interim final rule is being issued without advance notice and public comment to

allow for immediate implementation of this program. As discussed below, the requirements of

advance notice and public comment do not apply “to the extent that there is involved . . . a matter

relating to agency . . . grants.”181 The interim final rule implements statutory conditions on the

eligible uses of the Fiscal Recovery Funds grants, and addresses the payment of those funds, the

reporting on uses of funds, and potential consequences of ineligible uses. In addition and as

discussed below, the Administrative Procedure Act also provides an exception to ordinary

notice-and-comment procedures “when the agency for good cause finds (and incorporates the

finding and a brief statement of reasons therefor in the rules issued) that notice and public

procedure thereon are impracticable, unnecessary, or contrary to the public interest.”182 This

181 5 U.S.C. 553(a)(2).182 5 U.S.C. 553(b)(3)(B); see also 5 U.S.C. 553(d)(3) (creating an exception to the requirement of a 30-day delay before the effective date of a rule “for good cause found and published with the rule”).

good cause justification also supports waiver of the 60-day delayed effective date for major rules

under the Congressional Review Act at 5 U.S.C. 808(2). Although this interim final rule is

effective immediately, comments are solicited from interested members of the public and from

recipient governments on all aspects of the interim final rule.

These comments must be submitted on or before [INSERT DATE 60 DAYS AFTER DATE

OF PUBLICATION IN THE FEDERAL REGISTER].

X. Regulatory Analyses

Executive Orders 12866 and 13563

This interim final rule is economically significant for the purposes of Executive

Orders 12866 and 13563. Treasury, however, is proceeding under the emergency provision at

Executive Order 12866 section 6(a)(3)(D) based on the need to act expeditiously to mitigate the

current economic conditions arising from the COVID-19 public health emergency. The rule has

been reviewed by the Office of Management and Budget (OMB) in accordance with Executive

Order 12866. This rule is necessary to implement the ARPA in order to provide economic relief

to State, local, and Tribal governments adversely impacted by the COVID-19 public health

emergency.

Under Executive Order 12866, OMB must determine whether this regulatory action is

“significant” and, therefore, subject to the requirements of the Executive Order and subject to

review by OMB. Section 3(f) of Executive Order 12866 defines a significant regulatory action

as an action likely to result in a rule that may:

(1) Have an annual effect on the economy of $100 million or more, or adversely affect a

sector of the economy; productivity; competition; jobs; the environment; public

health or safety; or State, local, or Tribal governments or communities in a material

way (also referred to as “economically significant” regulations);

(2) Create a serious inconsistency or otherwise interfere with an action taken or planned

by another agency;

(3) Materially alter the budgetary impacts of entitlements, grants, user fees, or loan

programs or the rights and obligations of recipients thereof; or

(4) Raise novel legal or policy issues arising out of legal mandates, the President’s

priorities, or the principles stated in the Executive order.

This regulatory action is an economically significant regulatory action subject to review by OMB

under section 3(f) of Executive Order 12866. Treasury has also reviewed these regulations under

Executive Order 13563, which supplements and explicitly reaffirms the principles, structures,

and definitions governing regulatory review established in Executive Order 12866. To the extent

permitted by law, section 1(b) of Executive Order 13563 requires that an agency:

(1) Propose or adopt regulations only upon a reasoned determination that their benefits

justify their costs (recognizing that some benefits and costs are difficult to quantify);

(2) Tailor its regulations to impose the least burden on society, consistent with obtaining

regulatory objectives taking into account, among other things, and to the extent

practicable, the costs of cumulative regulations;

(3) Select, in choosing among alternative regulatory approaches, those approaches that

maximize net benefits (including potential economic, environmental, public health

and safety, and other advantages; distributive impacts; and equity);

(4) To the extent feasible, specify performance objectives, rather than the behavior or

manner of compliance a regulated entity must adopt; and

(5) Identify and assess available alternatives to direct regulation, including providing

economic incentives—such as user fees or marketable permits—to encourage the

desired behavior, or providing information that enables the public to make choices.

Executive Order 13563 also requires an agency “to use the best available techniques to

quantify anticipated present and future benefits and costs as accurately as possible.” OMB’s

Office of Information and Regulatory Affairs (OIRA) has emphasized that these techniques may

include “identifying changing future compliance costs that might result from technological

innovation or anticipated behavioral changes.”

Treasury has assessed the potential costs and benefits, both quantitative and qualitative,

of this regulatory action, and is issuing this interim final rule only on a reasoned determination

that the benefits exceed the costs. In choosing among alternative regulatory approaches,

Treasury selected those approaches that would maximize net benefits. Based on the analysis that

follows and the reasons stated elsewhere in this document, Treasury believes that this interim

final rule is consistent with the principles set forth in Executive Order 13563.

Treasury also has determined that this regulatory action does not unduly interfere with

States, territories, Tribal governments, and localities in the exercise of their governmental

functions.

This Regulatory Impact Analysis discusses the need for regulatory action, the potential

benefits, and the potential costs.

Need for Regulatory Action. This interim final rule implements the $350 billion Fiscal

Recovery Funds of the ARPA, which Congress passed to help States, territories, Tribal

governments, and localities respond to the ongoing COVID-19 public health emergency and its

economic impacts. As the agency charged with execution of these programs, Treasury has

concluded that this interim final rule is needed to ensure that recipients of Fiscal Recovery Funds

fully understand the requirements and parameters of the program as set forth in the statute and

deploy funds in a manner that best reflects Congress’ mandate for targeted fiscal relief.

This interim final rule is primarily a transfer rule: it transfers $350 billion in aid from the

Federal Government to states, territories, Tribal governments, and localities, generating a

significant macroeconomic effect on the U.S. economy. In making this transfer, Treasury has

sought to implement the program in ways that maximize its potential benefits while minimizing

its costs. It has done so by aiming to target relief in key areas according to the congressional

mandate; offering clarity to States, territories, Tribal governments, and localities while

maintaining their flexibility to respond to local needs; and limiting administrative burdens.

Analysis of Benefits. Relative to a pre-statutory baseline, the Fiscal Recovery Funds

provide a combined $350 billion to State, local, and Tribal governments for fiscal relief and

support for costs incurred responding to the COVID-19 pandemic. Treasury believes that this

transfer will generate substantial additional economic activity, although given the flexibility

accorded to recipients in the use of funds, it is not possible to precisely estimate the extent to

which this will occur and the timing with which it will occur. Economic research has

demonstrated that state fiscal relief is an efficient and effective way to mitigate declines in jobs

and output during an economic downturn.183 Absent such fiscal relief, fiscal austerity among

State, local, and Tribal governments could exert a prolonged drag on the overall economic

recovery, as occurred following the 2007-09 recession.184

This interim final rule provides benefits across several areas by implementing the four

eligible funding uses, as defined in statute: strengthening the response to the COVID-19 public

health emergency and its economic impacts; easing fiscal pressure on State, local, and Tribal

governments that might otherwise lead to harmful cutbacks in employment or government

services; providing premium pay to essential workers; and making necessary investments in

certain types of infrastructure. In implementing the ARPA, Treasury also sought to support

disadvantaged communities that have been disproportionately impacted by the pandemic. The

Fiscal Recovery Funds as implemented by the interim final rule can be expected to channel

183 Gabriel Chodorow-Reich et al., Does State Fiscal Relief during Recessions Increase Employment? Evidence from the American Recovery and Reinvestment Act, American Econ. J.: Econ. Policy, 4:3 118-45 (Aug. 2012), available at https://www.aeaweb.org/articles?id=10.1257/pol.4.3.118184 See, e.g., Fitzpatrick, Haughwout & Setren, Fiscal Drag from the State and Local Sector?, Liberty Street Economics Blog, Federal Reserve Bank of New York (June 27, 2012), https://www.libertystreeteconomics.newyorkfed.org/2012/06/fiscal-drag-from-the-state-and-local-sector.html; Jiri Jonas, Great Recession and Fiscal Squeeze at U.S. Subnational Government Level, IMF Working Paper 12/184, (July 2012), available at https://www.imf.org/external/pubs/ft/wp/2012/wp12184.pdf; Gordon, supra note 9.

resources toward these uses in order to achieve substantial near-term economic and public health

benefits, as well as longer-term benefits arising from the allowable investments in water, sewer,

and broadband infrastructure and aid to families.

These benefits are achieved in the interim final rule through a broadly flexible approach

that sets clear guidelines on eligible uses of Fiscal Recovery Funds and provides State, local, and

Tribal government officials discretion within those eligible uses to direct Fiscal Recovery Funds

to areas of greatest need within their jurisdiction. While preserving recipients’ overall flexibility,

the interim final rule includes several provisions that implement statutory requirements and will

help support use of Fiscal Recovery Funds to achieve the intended benefits. The remainder of

this section clarifies how Treasury’s approach to key provisions in the interim final rule will

contribute to greater realization of benefits from the program.

Revenue Loss: Recipients will compute the extent of reduction in revenue by comparing

actual revenue to a counterfactual trend representing what could have plausibly been

expected to occur in the absence of the pandemic. The counterfactual trend begins with

the last full fiscal year prior to the public health emergency (as required by statute) and

projects forward with an annualized growth adjustment. Treasury’s decision to

incorporate a growth adjustment into the calculation of revenue loss ensures that the

formula more fully captures revenue shortfalls relative to recipients’ pre-pandemic

expectations. Moreover, recipients will have the opportunity to re-calculate revenue loss

at several points throughout the program, recognizing that some recipients may

experience revenue effects with a lag. This option to re-calculate revenue loss on an

ongoing basis should result in more support for recipients to avoid harmful cutbacks in

future years. In calculating revenue loss, recipients will look at general revenue in the

aggregate, rather than on a source-by-source basis. Given that recipients may have

experienced offsetting changes in revenues across sources, Treasury’s approach provides

a more accurate representation of the effect of the pandemic on overall revenues.

Premium Pay: Per the statute, recipients have broad latitude to designate critical

infrastructure sectors and make grants to third-party employers for the purpose of

providing premium pay or otherwise respond to essential workers. While the interim

final rule generally preserves the flexibility in the statute, it does add a requirement that

recipients give written justification in the case that premium pay would increase a

worker’s annual pay above a certain threshold. To set this threshold, Treasury analyzed

data from the Bureau of Labor Statistics to determine a level that would not require

further justification for premium pay to the vast majority of essential workers, while

requiring higher scrutiny for provision of premium pay to higher-earners who, even

without premium pay, would likely have greater personal financial resources to cope with

the effects of the pandemic. Treasury believes the threshold in the interim final rule

strikes the appropriate balance between preserving flexibility and helping encourage use

of these resources to help those in greatest need. The interim final rule also requires that

eligible workers have regular in-person interactions or regular physical handling of items

that were also handled by others. This requirement will also help encourage use of

financial resources for those who have endured the heightened risk of performing

essential work.

Withholding of Payments to Recipients: Treasury believes that for the vast majority of

recipient entities, it will be appropriate to receive funds in two separate payments. As

discussed above, withholding of payments ensures that recipients can adapt spending

plans to evolving economic conditions and that at least some of the economic benefits

will be realized in 2022 or later. However, consistent with authorities granted to

Treasury in the statute, Treasury recognizes that a subset of States with significant

remaining elevation in the unemployment rate could face heightened additional near-term

needs to aid unemployed workers and stimulate the recovery. Therefore, for a subset of

State governments, Treasury will not withhold any funds from the first payment.

Treasury believes that this approach strikes the appropriate balance between the general

reasons to provide funds in two payments and the heightened additional near-term needs

in specific States. As discussed above, Treasury set a threshold based on historical

analysis of unemployment rates in recessions.

Hiring Public Sector Employees: The interim final rule states explicitly that recipients

may use funds to restore their workforces up to pre-pandemic levels. Treasury believes

that this statement is beneficial because it eliminates any uncertainty that could cause

delays or otherwise negatively impact restoring public sector workforces (which, at time

of publication, remain significantly below pre-pandemic levels).

Finally, the interim final rule aims to promote and streamline the provision of assistance

to individuals and communities in greatest need, particularly communities that have been

historically disadvantaged and have experienced disproportionate impacts of the COVID-19

crisis. Targeting relief is in line with Executive Order 13985, “Advancing Racial Equity and

Support for Underserved Communities Through the Federal Government,” which laid out an

Administration-wide priority to support “equity for all, including people of color and others who

have been historically underserved, marginalized, and adversely affected by persistent poverty

and inequality.”185 To this end, the interim final rule enumerates a list of services that may be

provided using Fiscal Recovery Funds in low-income areas to address the disproportionate

impacts of the pandemic in these communities; establishes the characteristics of essential

workers eligible for premium pay and encouragement to serve workers based on financial need;

provides that recipients may use Fiscal Recovery Funds to restore (to pre-pandemic levels) state

185 Executive Order on Advancing Racial Equity and Support for Underserved Communities through the Federal Government (Jan. 20, 2021) (86 FR 7009, January 25, 2021), https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government/ (last visited May 9, 2021).

and local workforces, where women and people of color are disproportionately represented;186

and targets investments in broadband infrastructure to unserved and underserved areas.

Collectively, these provisions will promote use of resources to facilitate the provision of

assistance to individuals and communities with the greatest need.

Analysis of Costs. This regulatory action will generate administrative costs relative to a

pre-statutory baseline. This includes, chiefly, costs required to administer Fiscal Recovery

Funds, oversee subrecipients and beneficiaries, and file periodic reports with Treasury. It also

requires States to allocate Fiscal Recovery Funds to nonentitlement units, which are smaller units

of local government that are statutorily required to receive their funds through States.

Treasury expects that the administrative burden associated with this program will be

moderate for a grant program of its size. Treasury expects that most recipients receive direct or

indirect funding from Federal Government programs and that many have familiarity with how to

administer and report on Federal funds or grant funding provided by other entities. In particular,

States, territories, and large localities will have received funds from the CRF and Treasury

expects them to rely heavily on established processes developed last year or through prior grant

funding, mitigating burden on these governments.

Treasury expects to provide technical assistance to defray the costs of administration of

Fiscal Recovery Funds to further mitigate burden. In making implementation choices, Treasury

has hosted numerous consultations with a diverse range of direct recipients—States, small cities,

counties, and Tribal governments —along with various communities across the United States,

including those that are underserved. Treasury lacks data to estimate the precise extent to which

this interim final rule generates administrative burden for State, local, and Tribal governments,

186 David Cooper, Mary Gable & Algernon Austin, Economic Policy Institute Briefing Paper, The Public-Sector Jobs Crisis: Women and African Americans hit hardest by job losses in state and local governments, https://www.epi.org/publication/bp339-public-sector-jobs-crisis (last visited May 9, 2021).

but seeks comment to better estimate and account for these costs, as well as on ways to lessen

administrative burdens.

Executive Order 13132

Executive Order 13132 (entitled Federalism) prohibits an agency from publishing any rule

that has federalism implications if the rule either imposes substantial, direct compliance costs on

State, local, and Tribal governments, and is not required by statute, or preempts state law, unless

the agency meets the consultation and funding requirements of section 6 of the Executive order.

This interim final rule does not have federalism implications within the meaning of the Executive

order and does not impose substantial, direct compliance costs on State, local, and Tribal

governments or preempt state law within the meaning of the Executive order. The compliance

costs are imposed on State, local, and Tribal governments by sections 602 and 603 of the Social

Security Act, as enacted by the ARPA. Notwithstanding the above, Treasury has engaged in

efforts to consult and work cooperatively with affected State, local, and Tribal government

officials and associations in the process of developing the interim final rule. Pursuant to the

requirements set forth in section 8(a) of Executive Order 13132, Treasury certifies that it has

complied with the requirements of Executive Order 13132.

Administrative Procedure Act

The Administrative Procedure Act (APA), 5 U.S.C. 551 et seq., generally requires public

notice and an opportunity for comment before a rule becomes effective. However, the APA

provides that the requirements of 5 U.S.C. 553 do not apply “to the extent that there is involved .

. . a matter relating to agency . . . grants.” The interim final rule implements statutory conditions

on the eligible uses of the Fiscal Recovery Funds grants, and addresses the payment of those

funds, the reporting on uses of funds, and potential consequences of ineligible uses. The rule is

thus “both clearly and directly related to a federal grant program.” National Wildlife Federation

v. Snow, 561 F.2d 227, 232 (D.C. Cir. 1976). The rule sets forth the “process necessary to

maintain state . . . eligibility for federal funds,” id., as well as the “method[s] by which states can

. . . qualify for federal aid,” and other “integral part[s] of the grant program,” Center for Auto

Safety v. Tiemann, 414 F. Supp. 215, 222 (D.D.C. 1976). As a result, the requirements of 5

U.S.C. 553 do not apply.

The APA also provides an exception to ordinary notice-and-comment procedures “when

the agency for good cause finds (and incorporates the finding and a brief statement of reasons

therefor in the rules issued) that notice and public procedure thereon are impracticable,

unnecessary, or contrary to the public interest.” 5 U.S.C. 553(b)(3)(B); see also 5 U.S.C.

553(d)(3) (creating an exception to the requirement of a 30-day delay before the effective date of

a rule “for good cause found and published with the rule”). Assuming 5 U.S.C. 553 applied,

Treasury would still have good cause under sections 553(b)(3)(B) and 553(d)(3) for not

undertaking section 553’s requirements. The ARPA is a law responding to a historic economic

and public health emergency; it is “extraordinary” legislation about which “both Congress and

the President articulated a profound sense of ‘urgency.’” Petry v. Block, 737 F.2d 1193, 1200

(D.C. Cir. 1984). Indeed, several provisions implemented by this interim final rule (sections

602(c)(1)(A) and 603(c)(1)(A)) explicitly provide funds to “respond to the public health

emergency,” and the urgency is further exemplified by Congress’s command (in sections

602(b)(6)(B) and 603(b)(7)(A)) that, “[t]o the extent practicable,” funds must be provided to

Tribes and cities “not later than 60 days after the date of enactment.” See Philadelphia Citizens

in Action v. Schweiker, 669 F.2d 877, 884 (3d Cir. 1982) (finding good cause under

circumstances, including statutory time limits, where APA procedures would have been

“virtually impossible”). Finally, there is an urgent need for States to undertake the planning

necessary for sound fiscal policymaking, which requires an understanding of how funds provided

under the ARPA will augment and interact with existing budgetary resources and tax policies.

Treasury understands that many states require immediate rules on which they can rely, especially

in light of the fact that the ARPA “covered period” began on March 3, 2021. The statutory

urgency and practical necessity are good cause to forego the ordinary requirements of notice-

and-comment rulemaking.

Congressional Review Act

The Administrator of OIRA has determined that this is a major rule for purposes of

Subtitle E of the Small Business Regulatory Enforcement and Fairness Act of 1996 (also known

as the Congressional Review Act or CRA) (5 U.S.C. 804(2) et seq.). Under the CRA, a major

rule takes effect 60 days after the rule is published in the Federal Register. 5 U.S.C. 801(a)(3).

Notwithstanding this requirement, the CRA allows agencies to dispense with the requirements of

section 801 when the agency for good cause finds that such procedure would be impracticable,

unnecessary, or contrary to the public interest and the rule shall take effect at such time as the

agency promulgating the rule determines. 5 U.S.C. 808(2). Pursuant to section 808(2), for the

reasons discussed above, Treasury for good cause finds that a 60-day delay to provide public

notice is impracticable and contrary to the public interest.

Paperwork Reduction Act

The information collections associated with State, territory, local, and Tribal government

applications materials necessary to receive Fiscal Recovery Funds (e.g., payment information

collection and acceptance of award terms) have been reviewed and approved by OMB pursuant

to the Paperwork Reduction Act (44 U.S.C. Chapter 35) (PRA) emergency processing

procedures and assigned control number 1505-0271. The information collections related to

ongoing reporting requirements, as discussed in this interim final rule, will be submitted to OMB

for emergency processing in the near future. Under the PRA, an agency may not conduct or

sponsor and a respondent is not required to respond to, an information collection unless it

displays a valid OMB control number.

Estimates of hourly burden under this program are set forth in the table below. Burden

estimates below are preliminary.

Reporting#

Respondents(Estimated)

# Responses Per

Respondent

Total Responses

Hours per

response

Total Burden

in Hours

Cost to Respondent($48.80 per

hour*)Recipient Payment Form

5,050 1 5,050 .25 (15 minutes) 1,262.5 $61,610

Acceptance of Award Terms

5,050 1 5,050 .25 (15 minutes) 1,262.5 $61,610

Title VI Assurances 5,050 1 5,050 .50 (30

minutes) 2,525 $123,220

Quarterly Project and Expenditure Report

5,050 4 per year after first year 20,200 25 505,000 $24,644,000

Annual Project and Expenditure Report from NEUs

TBD 1 per year

20,000-40,000

(Estimate only)

15 300,000 – 600,000

$14,640,000 -

$29,280,000

Annual Recovery Plan Performance report

418 1 per year 418 100 41,800 $2,039,840

Total 5,050 – TBD N/A 55,768 - 75,768

141 851,850 - 1,151,850

$41,570,280 -

$56,210,280 * Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, Accountants and Auditors, on the Internet at https://www.bls.gov/ooh/business-and-financial/accountants-and-auditors.htm (visited March 28, 2020). Base wage of $33.89/hour increased by 44 percent to account for fully loaded employer cost of employee compensation (benefits, etc.) for a fully loaded wage rate of $48.80.

Periodic reporting is required by section 602(c) of Section VI of the Social Security Act

and under the interim final rule.

As discussed in Section VIII of this SUPPLEMENTARY INFORMATION, recipients of

Fiscal Recovery Funds will be required to submit one interim report and thereafter quarterly

Project and Expenditure reports until the end of the award period. Recipients must submit

interim reports to Treasury by August 31, 2021. The quarterly Project and Expenditure reports

will include financial data, information on contracts and subawards over $50,000, types of

projects funded, and other information regarding a recipient’s utilization of the award funds.

Nonentitlement unit recipients will be required to submit annual Project and Expenditure

reports until the end of the award period. The initial annual Project and Expenditure report for

Nonentitlement unit recipients must be submitted to Treasury by October 31, 2021. The

subsequent annual reports must be submitted to Treasury by October 31 each year.

States, territories, metropolitan cities, and counties with a population that exceeds 250,000

residents will also be required to submit an annual Recovery Plan Performance report to

Treasury. The Recovery Plan Performance report will include descriptions of the projects

funded and information on the performance indicators and objectives of the award. Each annual

Recovery Plan Performance report must be posted on the public-facing website of the recipient.

Treasury will provide additional guidance and instructions on the all the reporting requirements

outlined above for the Fiscal Recovery Funds program at a later date.

These and related periodic reporting requirements are under consideration and will be

submitted to OMB for approval under the PRA emergency provisions in the near future.

Treasury invites comments on all aspects of the reporting and recordkeeping requirements

including: (a) Whether the collection of information is necessary for the proper performance of

the functions of the agency, including whether the information has practical utility; (b) the

accuracy of the estimate of the burden of the collection of information; (c) ways to enhance the

quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of

the collection of information; and (e) estimates of capital or start-up costs and costs of operation,

maintenance, and purchase of services to provide information. Comments should be sent by the

comment deadline to the www.regulations.gov docket with a copy to the Office of Information

and Regulatory Affairs, U.S. Office of Management and Budget, 725 17th Street NW,

Washington, DC 20503; or email to [email protected].

Regulatory Flexibility Analysis

The Regulatory Flexibility Act (RFA) generally requires that when an agency issues a

proposed rule, or a final rule pursuant to section 553(b) of the Administrative Procedure Act or

another law, the agency must prepare a regulatory flexibility analysis that meets the requirements

of the RFA and publish such analysis in the Federal Register. 5 U.S.C. 603, 604.

Rules that are exempt from notice and comment under the APA are also exempt from the

RFA requirements, including the requirement to conduct a regulatory flexibility analysis, when

among other things the agency for good cause finds that notice and public procedure are

impracticable, unnecessary, or contrary to the public interest. Since this rule is exempt from the

notice and comment requirements of the APA, Treasury is not required to conduct a regulatory

flexibility analysis.

List of Subjects in 31 CFR Part 35

Executive compensation, Public health emergency, State and local governments, Tribal

governments.

For the reasons stated in the preamble, the Department of the Treasury amends 31 CFR part

35 as follows:

PART 35 - PANDEMIC RELIEF PROGRAMS

1. The authority citation for part 35 is revised to read as follows:

Authority: 42 U.S.C. 802(f); 42 U.S.C. 803(f); 31 U.S.C. 321; Division N, Title V, Subtitle B, Pub. L. 116-260, 134 Stat. 1182; Section 104A, Pub. L. 103-325, 108 Stat. 2160, as amended (12 U.S.C. 4701 et seq.); Pub. L. 117-2, 135 Stat. 4 (42 U.S.C. 802 et seq.).

2. Revise the part heading to read as set forth above.

3. Add subpart A to read as follows:

Subpart A—Coronavirus State and Local Fiscal Recovery Funds

Sec.

35.1 Purpose. 35.2 Applicability.35.3 Definitions.35.4 Reservation of authority, reporting.

35.5 Use of funds. 35.6 Eligible uses. 35.7 Pensions. 35.8 Tax.35.9 Compliance with applicable laws.35.10 Recoupment.35.11 Payments to States.35.12 Distributions to nonentitlement units of local government and units of general local government.

§ 35.1 Purpose.

This subpart implements section 9901 of the American Rescue Plan Act (Subtitle M of

Title IX of Public Law 117-2), which amends Title VI of the Social Security Act (42 U.S.C. 801

et seq.) by adding sections 602 and 603 to establish the Coronavirus State Fiscal Recovery Fund

and Coronavirus Local Fiscal Recovery Fund.

§ 35.2 Applicability.

This subpart applies to States, territories, Tribal governments, metropolitan cities,

nonentitlement units of local government, counties, and units of general local government that

accept a payment or transfer of funds made under section 602 or 603 of the Social Security Act.

§ 35.3 Definitions.

As used in this subpart:

Baseline means tax revenue of the recipient for its fiscal year ending in 2019, adjusted for

inflation in each reporting year using the Bureau of Economic Analysis’s Implicit Price Deflator

for the gross domestic product of the United States.

County means a county, parish, or other equivalent county division (as defined by the

Census Bureau).

Covered benefits include, but are not limited to, the costs of all types of leave (vacation,

family-related, sick, military, bereavement, sabbatical, jury duty), employee insurance (health,

life, dental, vision), retirement (pensions, 401(k)), unemployment benefit plans (Federal and

State), workers’ compensation insurance, and Federal Insurance Contributions Act taxes (which

includes Social Security and Medicare taxes).

Covered change means a change in law, regulation, or administrative interpretation. A

change in law includes any final legislative or regulatory action, a new or changed administrative

interpretation, and the phase-in or taking effect of any statute or rule if the phase-in or taking

effect was not prescribed prior to the start of the covered period.

Covered period means, with respect to a State, Territory, or Tribal government, the

period that:

(1) Begins on March 3, 2021; and

(2) Ends on the last day of the fiscal year of such State, Territory, or Tribal government

in which all funds received by the State, Territory, or Tribal government from a payment made

under section 602 or 603 of the Social Security Act have been expended or returned to, or

recovered by, the Secretary.

COVID-19 means the Coronavirus Disease 2019.

COVID-19 public health emergency means the period beginning on January 27, 2020 and

until the termination of the national emergency concerning the COVID-19 outbreak declared

pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.).

Deposit means an extraordinary payment of an accrued, unfunded liability. The term

deposit does not refer to routine contributions made by an employer to pension funds as part of

the employer’s obligations related to payroll, such as either a pension contribution consisting of a

normal cost component related to current employees or a component addressing the amortization

of unfunded liabilities calculated by reference to the employer’s payroll costs.

Eligible employer means an employer of an eligible worker who performs essential work.

Eligible workers means workers needed to maintain continuity of operations of essential

critical infrastructure sectors, including health care; emergency response; sanitation, disinfection,

and cleaning work; maintenance work; grocery stores, restaurants, food production, and food

delivery; pharmacy; biomedical research; behavioral health work; medical testing and

diagnostics; home- and community-based health care or assistance with activities of daily living;

family or child care; social services work; public health work; vital services to Tribes; any work

performed by an employee of a State, local, or Tribal government; educational work, school

nutrition work, and other work required to operate a school facility; laundry work; elections

work; solid waste or hazardous materials management, response, and cleanup work; work

requiring physical interaction with patients; dental care work; transportation and warehousing;

work at hotel and commercial lodging facilities that are used for COVID-19 mitigation and

containment; work in a mortuary; work in critical clinical research, development, and testing

necessary for COVID-19 response.

(1) With respect to a recipient that is a metropolitan city, nonentitlement unit of local

government, or county, workers in any additional sectors as each chief executive officer of such

recipient may designate as critical to protect the health and well-being of the residents of their

metropolitan city, nonentitlement unit of local government, or county; or

(2) With respect to a State, Territory, or Tribal government, workers in any additional

sectors as each Governor of a State or Territory, or each Tribal government, may designate as

critical to protect the health and well-being of the residents of their State, Territory, or Tribal

government.

Essential work means work that:

(1) Is not performed while teleworking from a residence; and

(2) Involves:

(i) Regular in-person interactions with patients, the public, or coworkers of the individual

that is performing the work; or

(ii) Regular physical handling of items that were handled by, or are to be handled by

patients, the public, or coworkers of the individual that is performing the work.

Funds means, with respect to a recipient, amounts provided to the recipient pursuant to a

payment made under section 602(b) or 603(b) of the Social Security Act or transferred to the

recipient pursuant to section 603(c)(4) of the Social Security Act.

General revenue means money that is received from tax revenue, current charges, and

miscellaneous general revenue, excluding refunds and other correcting transactions, proceeds

from issuance of debt or the sale of investments, agency or private trust transactions, and

intergovernmental transfers from the Federal Government, including transfers made pursuant to

section 9901 of the American Rescue Plan Act. General revenue does not include revenues from

utilities. Revenue from Tribal business enterprises must be included in general revenue.

Intergovernmental transfers means money received from other governments, including

grants and shared taxes.

Metropolitan city has the meaning given that term in section 102(a)(4) of the Housing

and Community Development Act of 1974 (42 U.S.C. 5302(a)(4)) and includes cities that

relinquish or defer their status as a metropolitan city for purposes of receiving allocations under

section 106 of such Act (42 U.S.C. 5306) for fiscal year 2021.

Net reduction in total spending is measured as the State or Territory’s total spending for a

given reporting year excluding its spending of funds, subtracted from its total spending for its

fiscal year ending in 2019, adjusted for inflation using the Bureau of Economic Analysis’s

Implicit Price Deflator for the gross domestic product of the United States.

Nonentitlement unit of local government means a “city,” as that term is defined in

section 102(a)(5) of the Housing and Community Development Act of 1974

(42 U.S.C. 5302(a)(5)), that is not a metropolitan city.

Nonprofit means a nonprofit organization that is exempt from Federal income taxation

and that is described in section 501(c)(3) of the Internal Revenue Code.

Obligation means an order placed for property and services and entering into contracts,

subawards, and similar transactions that require payment.

Pension fund means a defined benefit plan and does not include a defined contribution

plan.

Premium pay means an amount of up to $13 per hour that is paid to an eligible worker, in

addition to wages or remuneration the eligible worker otherwise receives, for all work performed

by the eligible worker during the COVID-19 public health emergency. Such amount may not

exceed $25,000 with respect to any single eligible worker. Premium pay will be considered to be

in addition to wages or remuneration the eligible worker otherwise receives if, as measured on an

hourly rate, the premium pay is:

(1) With regard to work that the eligible worker previously performed, pay and

remuneration equal to the sum of all wages and remuneration previously received plus up to $13

per hour with no reduction, substitution, offset, or other diminishment of the eligible worker’s

previous, current, or prospective wages or remuneration; or

(2) With regard to work that the eligible worker continues to perform, pay of up to $13

that is in addition to the eligible worker’s regular rate of wages or remuneration, with no

reduction, substitution, offset, or other diminishment of the workers’ current and prospective

wages or remuneration.

Qualified census tract has the same meaning given in 26 U.S.C. 42(d)(5)(B)(ii)(I).

Recipient means a State, Territory, Tribal government, metropolitan city, nonentitlement

unit of local government, county, or unit of general local government that receives a payment

made under section 602(b) or 603(b) of the Social Security Act or transfer pursuant to

section 603(c)(4) of the Social Security Act.

Reporting year means a single year or partial year within the covered period, aligned to

the current fiscal year of the State or Territory during the covered period.

Secretary means the Secretary of the Treasury.

State means each of the 50 States and the District of Columbia

Small business means a business concern or other organization that:

(1) Has no more than 500 employees, or if applicable, the size standard in number of

employees established by the Administrator of the Small Business Administration for the

industry in which the business concern or organization operates; and

(2) Is a small business concern as defined in section 3 of the Small Business Act

(15 U.S.C. 632).

Tax revenue means revenue received from a compulsory contribution that is exacted by a

government for public purposes excluding refunds and corrections and, for purposes of § 35.8,

intergovernmental transfers. Tax revenue does not include payments for a special privilege

granted or service rendered, employee or employer assessments and contributions to finance

retirement and social insurance trust systems, or special assessments to pay for capital

improvements.

Territory means the Commonwealth of Puerto Rico, the United States Virgin Islands,

Guam, the Commonwealth of the Northern Mariana Islands, or American Samoa.

Tribal enterprise means a business concern:

(1) That is wholly owned by one or more Tribal governments, or by a corporation that is

wholly owned by one or more Tribal governments; or

(2) That is owned in part by one or more Tribal governments, or by a corporation that is

wholly owned by one or more Tribal governments, if all other owners are either United States

citizens or small business concerns, as these terms are used and consistent with the definitions in

15 U.S.C. 657a(b)(2)(D).

Tribal government means the recognized governing body of any Indian or Alaska Native

tribe, band, nation, pueblo, village, community, component band, or component reservation,

individually identified (including parenthetically) in the list published by the Bureau of Indian

Affairs on January 29, 2021, pursuant to section 104 of the Federally Recognized Indian Tribe

List Act of 1994 (25 U.S.C. 5131).

Unemployment rate means the U-3 unemployment rate provided by the Bureau of Labor

Statistics as part of the Local Area Unemployment Statistics program, measured as total

unemployment as a percentage of the civilian labor force.

Unemployment trust fund means an unemployment trust fund established under

section 904 of the Social Security Act (42 U.S.C. 1104).

Unit of general local government has the meaning given to that term in section 102(a)(1)

of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(1)).

Unserved and underserved households or businesses means one or more households or

businesses that are not currently served by a wireline connection that reliably delivers at least

25 Mbps download speed and 3 Mbps of upload speed.

§ 35.4 Reservation of authority, reporting.

(a) Reservation of authority. Nothing in this subpart shall limit the authority of the

Secretary to take action to enforce conditions or violations of law, including actions necessary to

prevent evasions of this subpart.

(b) Extensions or accelerations of timing. The Secretary may extend or accelerate any

deadline or compliance date of this subpart, including reporting requirements that implement this

subpart, if the Secretary determines that such extension or acceleration is appropriate. In

determining whether an extension or acceleration is appropriate, the Secretary will consider the

period of time that would be extended or accelerated and how the modified timeline would

facilitate compliance with this subpart.

(c) Reporting and requests for other information. During the covered period, recipients

shall provide to the Secretary periodic reports providing detailed accounting of the uses of funds,

all modifications to a State or Territory’s tax revenue sources, and such other information as the

Secretary may require for the administration of this section. In addition to regular reporting

requirements, the Secretary may request other additional information as may be necessary or

appropriate, including as may be necessary to prevent evasions of the requirements of this

subpart. False statements or claims made to the Secretary may result in criminal, civil, or

administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment

from participating in Federal awards or contracts, and/or any other remedy available by law.

§ 35.5 Use of funds.

(a) In general. A recipient may only use funds to cover costs incurred during the period

beginning March 3, 2021, and ending December 31, 2024, for one or more of the purposes

enumerated in sections 602(c)(1) and 603(c)(1) of the Social Security Act, as applicable,

including those enumerated in section § 35.6, subject to the restrictions set forth in sections

602(c)(2) and 603(c)(2) of the Social Security Act, as applicable.

(b) Costs incurred. A cost shall be considered to have been incurred for purposes of

paragraph (a) of this section if the recipient has incurred an obligation with respect to such cost

by December 31, 2024.

(c) Return of funds. A recipient must return any funds not obligated by

December 31, 2024, and any funds not expended to cover such obligations by

December 31, 2026.

§ 35.6 Eligible uses.

(a) In general. Subject to §§ 35.7 and 35.8, a recipient may use funds for one or more of

the purposes described in paragraphs (b) through (e) of this section

(b) Responding to the public health emergency or its negative economic impacts. A

recipient may use funds to respond to the public health emergency or its negative economic

impacts, including for one or more of the following purposes:

(1) COVID-19 response and prevention. Expenditures for the mitigation and prevention

of COVID-19, including:

(i) Expenses related to COVID-19 vaccination programs and sites, including staffing,

acquisition of equipment or supplies, facilities costs, and information technology or other

administrative expenses;

(ii) COVID–19-related expenses of public hospitals, clinics, and similar facilities;

(iii) COVID-19 related expenses in congregate living facilities, including skilled nursing

facilities, long-term care facilities, incarceration settings, homeless shelters, residential foster

care facilities, residential behavioral health treatment, and other group living facilities;

(iv) Expenses of establishing temporary public medical facilities and other measures to

increase COVID-19 treatment capacity, including related construction costs and other capital

investments in public facilities to meet COVID-19-related operational needs;

(v) Expenses of establishing temporary public medical facilities and other measures to

increase COVID-19 treatment capacity, including related construction costs and other capital

investments in public facilities to meet COVID-19-related operational needs;

(vi) Costs of providing COVID-19 testing and monitoring, contact tracing, and

monitoring of case trends and genomic sequencing for variants;

(vii) Emergency medical response expenses, including emergency medical transportation,

related to COVID-19;

(viii) Expenses for establishing and operating public telemedicine capabilities for

COVID-19-related treatment;

(ix) Expenses for communication related to COVID-19 vaccination programs and

communication or enforcement by recipients of public health orders related to COVID-19;

(x) Expenses for acquisition and distribution of medical and protective supplies,

including sanitizing products and personal protective equipment;

(xi) Expenses for disinfection of public areas and other facilities in response to the

COVID-19 public health emergency;

(xii) Expenses for technical assistance to local authorities or other entities on mitigation

of COVID-19-related threats to public health and safety;

(xiii) Expenses for quarantining or isolation of individuals;

(xiv) Expenses of providing paid sick and paid family and medical leave to public

employees to enable compliance with COVID-19 public health precautions;

(xv) Expenses for treatment of the long-term symptoms or effects of COVID-19,

including post-intensive care syndrome;

(xvi) Expenses for the improvement of ventilation systems in congregate settings, public

health facilities, or other public facilities;

(xvii) Expenses related to establishing or enhancing public health data systems; and

(xviii) Mental health treatment, substance misuse treatment, and other behavioral health

services.

(2) Public health and safety staff. Payroll and covered benefit expenses for public safety,

public health, health care, human services, and similar employees to the extent that the

employee’s time is spent mitigating or responding to the COVID-19 public health emergency.

(3) Hiring State and local government staff. Payroll, covered benefit, and other costs

associated with the recipient increasing the number of its employees up to the number of

employees that it employed on January 27, 2020.

(4) Assistance to unemployed workers. Assistance, including job training, for individuals

who want and are available for work, including those who have looked for work sometime in the

past 12 months or who are employed part time but who want and are available for full-time

work.

(5) Contributions to State unemployment insurance trust funds. Contributions to an

unemployment trust fund up to the level required to restore the unemployment trust fund to its

balance on January 27, 2020 or to pay back advances received under Title XII of the Social

Security Act (42 U.S.C. 1321) for the payment of benefits between January 27, 2020 and

[INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER].

(6) Small businesses. Assistance to small businesses, including loans, grants, in-kind

assistance, technical assistance or other services, that responds to the negative economic impacts

of the COVID-19 public health emergency.

(7) Nonprofits. Assistance to nonprofit organizations, including loans, grants, in-kind

assistance, technical assistance or other services, that responds to the negative economic impacts

of the COVID-19 public health emergency.

(8) Assistance to households. Assistance programs, including cash assistance programs,

that respond to the COVID-19 public health emergency.

(9) Aid to impacted industries. Aid to tourism, travel, hospitality, and other impacted

industries that responds to the negative economic impacts of the COVID-19 public health

emergency.

(10) Expenses to improve efficacy of public health or economic relief programs.

Administrative costs associated with the recipient’s COVID-19 public health emergency

assistance programs, including services responding to the COVID-19 public health emergency or

its negative economic impacts, that are not federally funded.

(11) Survivor’s benefits. Benefits for the surviving family members of individuals who

have died from COVID-19, including cash assistance to widows, widowers, or dependents of

individuals who died of COVID-19.

(12) Disproportionately impacted populations and communities. A program, service, or

other assistance that is provided in a qualified census tract, that is provided to households and

populations living in a qualified census tract, that is provided by a Tribal government, or that is

provided to other households, businesses, or populations disproportionately impacted by the

COVID-19 public health emergency, such as:

(i) Programs or services that facilitate access to health and social services, including:

(A) Assistance accessing or applying for public benefits or services;

(B) Remediation of lead paint or other lead hazards; and

(C) Community violence intervention programs;

(ii) Programs or services that address housing insecurity, lack of affordable housing, or

homelessness, including:

(A) Supportive housing or other programs or services to improve access to stable,

affordable housing among individuals who are homeless;

(B) Development of affordable housing to increase supply of affordable and high-quality

living units; and

(C) Housing vouchers and assistance relocating to neighborhoods with higher levels of

economic opportunity and to reduce concentrated areas of low economic opportunity;

(iii) Programs or services that address or mitigate the impacts of the COVID-19 public

health emergency on education, including:

(A) New or expanded early learning services;

(B) Assistance to high-poverty school districts to advance equitable funding across

districts and geographies; and

(C) Educational and evidence-based services to address the academic, social, emotional,

and mental health needs of students; and

(iv) Programs or services that address or mitigate the impacts of the COVID-19 public

health emergency on childhood health or welfare, including:

(A) New or expanded childcare;

(B) Programs to provide home visits by health professionals, parent educators, and social

service professionals to individuals with young children to provide education and assistance for

economic support, health needs, or child development; and

(C) Services for child welfare-involved families and foster youth to provide support and

education on child development, positive parenting, coping skills, or recovery for mental health

and substance use.

(c) Providing premium pay to eligible workers. A recipient may use funds to provide

premium pay to eligible workers of the recipient who perform essential work or to provide grants

to eligible employers, provided that any premium pay or grants provided under this paragraph (c)

must respond to eligible workers performing essential work during the COVID-19 public health

emergency. A recipient uses premium pay or grants provided under this paragraph (c) to respond

to eligible workers performing essential work during the COVID-19 public health emergency if

it prioritizes low- and moderate-income persons. The recipient must provide, whether for

themselves or on behalf of a grantee, a written justification to the Secretary of how the premium

pay or grant provided under this paragraph (c) responds to eligible workers performing essential

work if the premium pay or grant would increase an eligible worker’s total wages and

remuneration above 150 percent of such eligible worker’s residing State’s average annual wage

for all occupations or their residing county’s average annual wage, whichever is higher.

(d) Providing government services. For the provision of government services to the

extent of a reduction in the recipient’s general revenue, calculated according to paragraphs (d)(1)

and (2) of this section.

(1) Frequency. A recipient must calculate the reduction in its general revenue using

information as-of December 31, 2020, December 31, 2021, December 31, 2022, and December

31, 2023 (each, a calculation date) and following each calculation date.

(2) Calculation. A reduction in a recipient’s general revenue equals:

𝑀𝑎𝑥 {[𝐵𝑎𝑠𝑒 𝑌𝑒𝑎𝑟 𝑅𝑒𝑣𝑒𝑛𝑢𝑒 ∗ (1 + 𝐺𝑟𝑜𝑤𝑡ℎ 𝐴𝑑𝑗𝑢𝑠𝑡𝑚𝑒𝑛𝑡)𝑛𝑡12 ] ― 𝐴𝑐𝑡𝑢𝑎𝑙 𝐺𝑒𝑛𝑒𝑟𝑎𝑙 𝑅𝑒𝑣𝑒𝑛𝑢𝑒𝑡;0}

Where:

Base Year Revenue is the recipient’s general revenue for the most recent full fiscal year

prior to the COVD-19 public health emergency;

Growth Adjustment is equal to the greater of 4.1 percent (or 0.041) and the recipient’s

average annual revenue growth over the three full fiscal years prior to the COVID-19 public

health emergency.

n equals the number of months elapsed from the end of the base year to the calculation

date.

Actual General Revenue is a recipient’s actual general revenue collected during 12-month

period ending on each calculation date;

Subscript t denotes the specific calculation date.

(e) To make necessary investments in infrastructure. A recipient may use funds to make

investments in:

(1) Clean Water State Revolving Fund and Drinking Water State Revolving Fund

investments. Projects or activities of the type that would be eligible under section 603(c) of the

Federal Water Pollution Control Act (33 U.S.C. 1383(c)) or section 1452 of the Safe Drinking

Water Act (42 U.S.C. 300j-12); or,

(2) Broadband. Broadband infrastructure that is designed to provide service to unserved

or underserved households and businesses and that is designed to, upon completion:

(i) Reliably meet or exceed symmetrical 100 Mbps download speed and upload speeds;

or

(ii) In cases where it is not practicable, because of the excessive cost of the project or

geography or topography of the area to be served by the project, to provide service meeting the

standards set forth in paragraph (e)(2)(i) of this section:

(A) Reliably meet or exceed 100 Mbps download speed and between at least 20 Mbps

and 100 Mbps upload speed; and

(B) Be scalable to a minimum of 100 Mbps download speed and 100 Mbps upload speed.

§ 35.7 Pensions.

A recipient may not use funds for deposit into any pension fund.

§ 35.8 Tax.

(a) Restriction. A State or Territory shall not use funds to either directly or indirectly

offset a reduction in the net tax revenue of the State or Territory resulting from a covered change

during the covered period.

(b) Violation. Treasury will consider a State or Territory to have used funds to offset a

reduction in net tax revenue if, during a reporting year:

(1) Covered change. The State or Territory has made a covered change that, either based

on a reasonable statistical methodology to isolate the impact of the covered change in actual

revenue or based on projections that use reasonable assumptions and do not incorporate the

effects of macroeconomic growth to reduce or increase the projected impact of the covered

change, the State or Territory assesses has had or predicts to have the effect of reducing tax

revenue relative to current law;

(2) Exceeds the de minimis threshold. The aggregate amount of the measured or

predicted reductions in tax revenue caused by covered changes identified under paragraph (b)(1)

of this section, in the aggregate, exceeds 1 percent of the State’s or Territory’s baseline;

(3) Reduction in net tax revenue. The State or Territory reports a reduction in net tax

revenue, measured as the difference between actual tax revenue and the State’s or Territory’s

baseline, each measured as of the end of the reporting year; and

(4) Consideration of other changes. The aggregate amount of measured or predicted

reductions in tax revenue caused by covered changes is greater than the sum of the following, in

each case, as calculated for the reporting year:

(i) The aggregate amount of the expected increases in tax revenue caused by one or more

covered changes that, either based on a reasonable statistical methodology to isolate the impact

of the covered change in actual revenue or based on projections that use reasonable assumptions

and do not incorporate the effects of macroeconomic growth to reduce or increase the projected

impact of the covered change, the State or Territory assesses has had or predicts to have the

effect of increasing tax revenue; and

(ii) Reductions in spending, up to the amount of the State’s or Territory’s net reduction in

total spending, that are in:

(A) Departments, agencies, or authorities in which the State or Territory is not using

funds; and

(B) Departments, agencies, or authorities in which the State or Territory is using funds, in

an amount equal to the value of the spending cuts in those departments, agencies, or authorities,

minus funds used.

(c) Amount and revenue reduction cap. If a State or Territory is considered to be in

violation pursuant to paragraph (b) of this section, the amount used in violation of paragraph (a)

of this section is equal to the lesser of:

(1) The reduction in net tax revenue of the State or Territory for the reporting year,

measured as the difference between the State’s or Territory’s baseline and its actual tax revenue,

each measured as of the end of the reporting year; and,

(2) The aggregate amount of the reductions in tax revenues caused by covered changes

identified in paragraph (b)(1) of this section, minus the sum of the amounts in identified in

paragraphs (b)(4)(i) and (ii).

§ 35.9 Compliance with applicable laws.

A recipient must comply with all other applicable Federal statutes, regulations, and

Executive orders, and a recipient shall provide for compliance with the American Rescue Plan

Act, this subpart, and any interpretive guidance by other parties in any agreements it enters into

with other parties relating to these funds.

§ 35.10 Recoupment.

(a) Identification of violations–(1) In general. Any amount used in violation of § 35.5, §

35.6, or § 35.7 may be identified at any time prior to December 31, 2026.

(2) Annual reporting of amounts of violations. On an annual basis, a recipient that is a

State or Territory must calculate and report any amounts used in violation of § 35.8.

(b) Calculation of amounts subject to recoupment–(1) In general. Except as provided in

paragraph (b)(2) of this section, Treasury will calculate any amounts subject to recoupment

resulting from a violation of § 35.5, § 35.6, or § 35.7 as the amounts used in violation of such

restrictions.

(2) Violations of § 35.8. Treasury will calculate any amounts subject to recoupment

resulting from a violation of § 35.8, equal to the lesser of:

(i) The amount set forth in § 35.8(c); and,

(ii) The amount of funds received by such recipient.

(c) Notice. If Treasury calculates an amount subject to recoupment under paragraph (b)

of this section, Treasury will provide the recipient a written notice of the amount subject to

recoupment along with an explanation of such amounts.

(d) Request for reconsideration. Unless Treasury extends the time period, within 60

calendar days of receipt of a notice of recoupment provided under paragraph (c) of this section, a

recipient may submit a written request to Treasury requesting reconsideration of any amounts

subject to recoupment under paragraph (b) of this section. To request reconsideration of any

amounts subject to recoupment, a recipient must submit to Treasury a written request that

includes:

(1) An explanation of why the recipient believes all or some of the amount should not be

subject to recoupment; and

(2) A discussion of supporting reasons, along with any additional information.

(e) Final amount subject to recoupment. Unless Treasury extends the time period, within

60 calendar days of receipt of the recipient’s request for reconsideration provided pursuant to

paragraph (d) of this section, the recipient will be notified of the Secretary’s decision to affirm,

withdraw, or modify the notice of recoupment. Such notification will include an explanation of

the decision, including responses to the recipient’s supporting reasons and consideration of

additional information provided.

(f) Repayment of funds. Unless Treasury extends the time period, a recipient shall repay

to the Secretary any amounts subject to recoupment in accordance with instructions provided by

Treasury:

(1) Within 120 calendar days of receipt of the notice of recoupment provided under

paragraph (c) of this section, in the case of a recipient that does not submit a request for

reconsideration in accordance with the requirements of paragraph (d) of this section; or

(2) Within 120 calendar days of receipt of the Secretary’s decision under paragraph (e) of

this section, in the case of a recipient that submits a request for reconsideration in accordance

with the requirements of paragraph (d) of this section.

§ 35.11 Payments to States.

(a) In general. With respect to any State or Territory that has an unemployment rate as of

the date that it submits an initial certification for payment of funds pursuant to section 602(d)(1)

of the Social Security Act that is less than two percentage points above its unemployment rate in

February 2020, the Secretary will withhold 50 percent of the amount of funds allocated under

section 602(b) of the Social Security Act to such State or territory until the date that is twelve

months from the date such initial certification is provided to the Secretary.

(b) Payment of withheld amount. In order to receive the amount withheld under

paragraph (a) of this section, the State or Territory must submit to the Secretary at least 30 days

prior to the date referenced in paragraph (a) the following information:

(1) A certification, in the form provided by the Secretary, that such State or Territory

requires the payment to carry out the activities specified in section 602(c) of the Social Security

Act and will use the payment in compliance with section 602(c) of the Social Security Act; and,

(2) Any reports required to be filed by that date pursuant to this subpart that have not yet

been filed.

§ 35.12 Distributions to nonentitlement units of local government and units of general local

government.

(a) Nonentitlement units of local government. Each State or Territory that receives a

payment from Treasury pursuant to section 603(b)(2)(B) of the Social Security Act shall

distribute the amount of the payment to nonentitlement units of government in such State or

Territory in accordance with the requirements set forth in section 603(b)(2)(C) of the Social

Security Act and without offsetting any debt owed by such nonentitlement units of local

governments against such payments.

(b) Budget cap. A State or Territory may not make a payment to a nonentitlement unit of

local government pursuant to section 603(b)(2)(C) of the Social Security Act and paragraph (a)

of this section in excess of the amount equal to 75 percent of the most recent budget for the

nonentitlement unit of local government as of January 27, 2020. A State or Territory shall

permit a nonentitlement unit of local government without a formal budget as of

January 27, 2020, to provide a certification from an authorized officer of the nonentitlement unit

of local government of its most recent annual expenditures as of January 27, 2020, and a State or

Territory may rely on such certification for purposes of complying with this paragraph (b).

(c) Units of general local government. Each State or Territory that receives a payment

from Treasury pursuant to section 603(b)(3)(B)(ii) of the Social Security Act, in the case of an

amount to be paid to a county that is not a unit of general local government, shall distribute the

amount of the payment to units of general local government within such county in accordance

with the requirements set forth in section 603(b)(3)(B)(ii) of the Social Security Act and without

offsetting any debt owed by such units of general local government against such payments.

(d) Additional conditions. A State or Territory may not place additional conditions or

requirements on distributions to nonentitlement units of local government or units of general

local government beyond those required by section 603 of the Social Security Act or this subpart.

_____________________________________Laurie Schaffer,Acting General Counsel.

[FR Doc. 2021-10283 Filed: 5/13/2021 11:15 am; Publication Date: 5/17/2021]

COUNCIL MEETING

DATE

COUNCIL MEMBER

REQUEST DETAIL DIRECTOR(S)

ACTION TAKEN: Memo; Staff Report; Closed Session; Presentation; Follow-up Meeting; City Manager

Reports; Informal Action

DISCUSSION ITEM

ACTION ITEM DATE

STATUS: Complete; Pending; On-going;

In-Progress

Lutz Explore Fitness Stations at ParksP. Yugar

Staff Report > Follow-up Meeting

5/11/2021 In-Progress

Lutz Explore Possible Dog Park P. Yugar Follow-up Meeting In-ProgressLara/Elias Research Cannabis Program as Possible

Revenue Enhancement for the CityResearch other programs throughout CA to see how municipalities are monetizing cannabis

M. Garcia

Memo Pending

Elias/Lara Planning and Parks & Recreation Commissions to Advise City Council

Create more consistent communication and updates from the City's commissions.

M. Garcia

Referred to Organizational Ad Hoc

Pending

City Council Translate the Profile into Both English & Spanish

Direction provided to explore maintaining 10 editions with full Spanish translation and potential digital only.

P. Yugar

Staff Report 7/13/2021 In-Progress

Lutz/Lara Research Development of Condos vs. Apartments at the El Rodeo

Staff to provide a report to City Council on the pros and cons

M. GarciaMemo

√Pending

Sanchez/ Camacho

"Wee Care" and "Tri-Care" subscriptions Staff to look into utilizing COVID funds to support use of subscriptions

K. FuentesReferred to Community Service Ad Hoc Committee

Pending

Camacho/Lara Create Development Standards for Vacant Lots

Develop standards for clean-up and maintenance of vacant lots for restitution

M. Garcia

Referred to Economic Recovery Ad Hoc Committee

Pending

5/25/2021

6/8/2021

OLD BUSINESS:

3/23/2021

4/27/2021

COUNCIL MEETING

DATE

COUNCIL MEMBER

REQUEST DETAIL DIRECTOR(S)

ACTION TAKEN: Memo; Staff Report; Closed Session; Presentation; Follow-up Meeting; City Manager

Reports; Informal Action

DISCUSSION ITEM

ACTION ITEM DATE

STATUS: Complete; Pending; On-going;

In-Progress

OLD BUSINESS:

Lutz/Sanchez Explore Creation of Green Space for Passive and Active Use

Direction provided to explore Edison's green space sites M. Garcia

Referred to Community Services Ad Hoc Committee

Pending

Elias/Lara Golf CourseInclude Parks & Recreation Commission in outreach efforts to the community.

P. Yugar

Follow-up Meeting Completed

Lara/Lutz Smith Park Pool Staff to provide cost estimate for pool repair

P. YugarStaff report 8/10/2021 In-Progress

Lara/Camacho Garage Utility Rooms Staff to review permitting utility rooms in garages

M. GarciaDiscussion √ 8/10/2021 In-Progress

Camacho/Lara American Rescue Plan Set priorities for use A. Garcia Study Session 8/24/2021 PendingLara/Elias Term limits Set 12-year term limits for

City Council MembersA. Glassman

Discussion 8/10/2021 Pending

Lara/Lutz Lobbying BandSet 10-year policy for banning lobbying contracts to former employees and City officials

A. Glassman

Discussion 8/10/2021 Pending

Elias/Camacho Job Fair Local businesses S. Carmona Memo - timeline PendingCamacho/Lara Rosemead Boulevard Repair Temporary fix M. Heredia Discussion 8/10/2021 Pending

7/13/2021

6/22/2021