Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.
Agenda Item time estimates: (Presentation / Council Discussion / Public Comment) AGENDA
OXNARD CITY COUNCIL
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY
OXNARD FINANCING AUTHORITY
OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street March 29, 2022
Closed Session - 5:00 PM
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:
1. Dial Phone Number: (888) 475-4499
2. Enter Meeting ID: 841 4224 5205
3. Passcode: 589530
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom calling in steps listed above. Once the Mayor calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room.
The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.
Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.
YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:
1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.
2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING a. Submit a request to speak by no later than 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] no later than 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the City Council prior to the start of the meeting and made part of the legislative record. c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.
3. PROVIDING PUBLIC COMMENTS REMOTELY DURING THE MEETING a. To provide public comment during the meeting dial (888) 475-4499 and enter the Meeting ID and Passcode listed above as the Zoom details for this meeting. When the Mayor announces the particular item on the agenda you want to speak on, press *9 to raise your hand while in the zoom waiting room. Once called on, press *6 to unmute your phone.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public shall have three minutes to register or otherwise be recognized for the purpose of 1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY March 29, 2022 PAGE 2
providing public comment. During this three-minute time period, public comments may be taken and the City Council or staff may discuss the item being considered or briefly respond to public comments.
Detailed participation instructions can be found at www.oxnard.org/city-meetings. * The City has filed pre-election and post-election lawsuits regarding the validity of Measure M.
A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council and Housing Authority
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, a person may address the legislative body only on matters appearing on the closed session agenda. The presiding officer shall limit public comments to three minutes.
C. CLOSED SESSION (5:00 PM)
1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: F G v. City of Oxnard
Ventura County Superior Court, Case No. 56-2022-00562807-CU-OE-VTA Legislative Body: City Council
2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: Adair; et al. v. City of Oxnard; et al.
Ventura County Superior Court, Case No. 56-2022-00563192-CU-MC-VTA Legislative Body: City Council
D. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.
E. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.
F. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.
1. City Manager Department
SUBJECT: COVID-19 Update from Director of Emergency Services. (10/5/5) RECOMMENDATION: That the City Council:
2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY March 29, 2022 PAGE 3
1. Receive and file an update from the Director of Emergency Services ("Director") on the COVID19 Local Emergency ("Emergency"); and
2. Ratify orders issued by the Director pertaining to the Emergency, including an order addressing freight container shipping congestion and an order rescinding or modifying previously issued orders.
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
G. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
At this time, a member of the legislative body may make a brief announcement, or make a brief report on his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.
1. City Manager Department
SUBJECT: Appointment of Members to Serve on the City's Commission on Homelessness and Measure O Citizen Oversight Committee. (0/5/5)
RECOMMENDATION: That the Mayor, with the approval of the City Council, make the following appointments:
1. To Commission on Homelessness: Rafael Ochoa (D5); and
2. To Measure O Citizen Oversight Committee: Nathan Castillo (D5). (This item did not originate in Committee).
Legislative Body: City Council
Contact: Shiri Klima, (805) 385-7487
H. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.
I. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes.
J. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of the March 1, 2022 regular meeting as presented.
Legislative Body: City Council
Contact: Rose Chaparro, (805) 385-7805
2. Fire Department
3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY March 29, 2022 PAGE 4
SUBJECT: Purchase Order with Stryker Medical for $335,137.99.
RECOMMENDATION: That City Council authorize the Mayor to sign a Purchase Order with Stryker Medical for $335,137.99 to purchase seven (7) Lifepak 15 monitors/defibrillators and twelve (12) Lifepak 1000 defibrillators.
(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on March 8, 2022.)
Legislative Body: City Council
Contact: Alexander Hamilton, (805) 385-7700
3. Finance Department
SUBJECT: Annual Accounts Receivable Write-Off Report.
RECOMMENDATION: That the City Council receive the Annual Accounts Receivable Write-Off Report.
(The Finance and Governance Committee approved 3-0 on February 22, 2022 ) Legislative Body: City Council
Contact: Betsy George, (805) 200-5400
4. Police Department
SUBJECT: Second Amendment to Enterprise Lease Agreement.
RECOMMENDATION: That City Council approve and authorize the Mayor to execute a second amendment to Agreement A-8136 with Enterprise Fleet Management, Inc. (Enterprise), for vehicle leases, increasing the value of the agreement from $4,100,000 to not exceed $6,795,000 for the term of the agreement, which expires on December 1, 2025. (The Public Safety Committee reviewed the item on February 22, 2022 and forwarded the item to City Council for review and approval.)
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624
5. Housing Department
SUBJECT: Accessibility Remodel Project at Palm Vista. (0/5/5)
RECOMMENDATION: That the Board of Commissioners of the Oxnard Housing Authority approve and authorize the Chairman to execute a firm-fixed price contract in the amount of $379,560.11 with MDJ Management (Agreement number A-8426) using funds previously appropriated from the 2019 Capital Fund grant for Section 504 compliance with the Americans with Disabilities Act.
(The Community Services, Public Safety, Housing & Development Committee approved 3-0) Legislative Body: City Council and Housing Authority
Contact: Emilio Ramirez, (805) 385-8094
K. REPORTS
1. Finance Department
SUBJECT: Banc of America Master Equipment Lease/Purchase Agreement (A-7667) for 2022 Equipment Lease Reimbursement to the City for Purchase of Fire Engines. (10/5/5)
RECOMMENDATION: That the City Council adopt a resolution authorizing the execution and delivery of Schedules of Property to the Master Equipment Lease/Purchase Agreement not to exceed $3.3 million for the acquisition, financing, and leasing of certain equipment for the public benefit within the terms provided therein; authorizing the execution and delivery of other 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY March 29, 2022 PAGE 5
documents required in connection therewith; and authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by the resolution. (Presentation will be live at the Consultant's request.) Legislative Body: City Council
Contact: Betsy George, (805) 200-5400
2. City Manager Department
SUBJECT: Recategorization of American Rescue Plan Act (ARPA) Projects According to Final Rule Issued by US Treasury. (0/25/10)
RECOMMENDATION: That the City Council:
1. Recategorize $15,670,000 of ARPA projects into the Replacing Lost Public Sector Revenue category according to the Final Rule issued by the U.S. Department of the Treasury;
2. Make final decisions on remaining ARPA projects tabled in 2021 and newly proposed ARPA projects; and
3. Authorize the City Manager or designee to approve budget appropriations necessary to recognize revenue and appropriate funding for all ARPA projects.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/lRwtUbNQDiY
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
3. Community Development Department
SUBJECT: Update on the City of Oxnard’s Participation in Clean Power Alliance. (0/5/5)
RECOMMENDATION: That the City Council receive and file this report.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/OwP9wwMa9WU
Legislative Body: City Council
Contact: Vyto Adomaitis, (805) 385-7882
4. Community Development Department
SUBJECT: City of Oxnard 2021 General Plan Annual Progress Report. (0/5/5)
RECOMMENDATION: That the Oxnard City Council receive and file the City of Oxnard 2021 General Plan and Housing Element Annual Progress Report. (This item did not originate in Committee.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Ywm00iALgCg
Legislative Body: City Council
Contact: Vyto Adomaitis, (805) 385-7882
5. Housing Department
SUBJECT: Participation in the Middle-Income Housing Program for The Vines at Riverpark, 3040 Oxnard Blvd. (0/10/10)
5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY March 29, 2022 PAGE 6
RECOMMENDATION: That City Council adopts a resolution that:
1. Authorizes the Mayor to execute a joint exercise of powers agreement relating to the California Municipal Finance Authority (“CMFA”) Special Finance Agency issuing bonds for the preservation and protection of middle-income rental housing (“Middle-Income Housing Program”);
2. Authorizes CMFA Special Finance Agency’s issuance of bonds in a not to exceed the amount of $136,000,000 for the preservation and protection of middle-income housing in the City of Oxnard pursuant to the Middle-Income Housing Program, provided that such bond funding is used solely for the Vines at RiverPark project; and
3. Authorizes the Mayor to execute a Public Benefit Agreement relating to The Vines at Riverpark, located at 3040 Oxnard Blvd, that includes annual host fee revenue that would likely offset the loss of City property tax revenues during the term of the agreement.
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/lixOmngh578
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094
6. Housing Department
SUBJECT: Downtown Improvement Program Settlement Funds Update. (0/10/10)
RECOMMENDATION: That the City Council:
1. Receive an update on the implementation of the approved program priorities funded with the Downtown Improvement Program Settlement Funds; and
2. Appropriate $85,716 per fiscal year in FYs 22-23 and 23-24, for a total of $171,432, for homeless outreach coordinator contract services as part of the annual budget process. (Community Services, Public Safety, Housing & Development Committee approved 3-0) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/eClC8ByP5Qo
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094
7. Public Works Department
SUBJECT: FY 2021 American Rescue Plan Act Economic Adjustment Assistance Grant Application Resolution (0/5/5)
RECOMMENDATION: That the City Council:
1. Adopt a resolution authorizing the City Manager to submit an application for an amount not to exceed $5,000,000 in FY 2021 American Rescue Plan Act Economic Adjustment Assistance grant funds for needed equipment, improvements and renovations for the Oxnard Performing Arts & Convention Center; and
2. Approve and authorize the City Manager or designee to execute grant agreements; the Chief Financial Officer or designee to submit financial reports and grant claims and approve budget appropriations for the use of the FY 2021 American Rescue Plan Act 6 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY March 29, 2022 PAGE 7
Economic Adjustment Assistance grant funds if awarded; and the Director of Public Works or designee to submit non-financial reports.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/5p7Y-BEtAak
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
L. ADJOURNMENT
7 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
RATIFYING AN ORDER ISSUED BY THE DIRECTOR OF EMERGENCY
SERVICES
WHEREAS, Government Code section 8630 and Chapter 6 of the Oxnard City Code empower the City Manager of the City of Oxnard (“City”), acting in the capacity of the Director of Emergency Services (the “Director”), to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and
WHEREAS, on March 13, 2020, in response to the rapidly evolving public health crisis resulting from the COVID-19 pandemic, the Director proclaimed the existence of a local emergency (the “Local Emergency”); and
WHEREAS, on March 17, 2020, the City Council adopted Resolution No. 15,304, proclaiming the Local Emergency and ratifying the Director’s March 13, 2020 proclamation; and
WHEREAS, pursuant to Government Code section 8634, Resolution No. 15,304 and Chapter 6 of the City Code, the Director may promulgate orders and regulations necessary to provide for the protection of life and property and shall request the City Council to ratify such orders and regulations; and
WHEREAS, the Director has issued Order No. 22-01, attached as an exhibit hereto in response to the Local Emergency.
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8 NOW, THEREFORE, the City Council of the City of Oxnard resolves that Order 22-01 issued by the Director and attached as Exhibit A hereto is necessary to provide for the protection of life and property in response to the Local Emergency and is hereby ratified.
PASSED AND ADOPTED THIS ____ day of ___________ 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John C. Zaragoza, Mayor
ATTEST:
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
Stephen M. Fischer, City Attorney
9 EXHIBIT A
[Director of Emergency Services Order 22-01]
10 11
12 13
CITY COUNCIL AGENDA REPORT
CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR
AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
AGENDA ITEM NO. G.1
DATE: March 29, 2022
TO: City Council
FROM: Shiri Klima, Deputy City Manager, (805) 385-7487, [email protected]
SUBJECT: Appointment of Members to Serve on the City's Commission on Homelessness and Measure O Citizen Oversight Committee. (0/5/5)
RECOMMENDATION
That the Mayor, with the approval of the City Council, make the following appointments:
1. To Commission on Homelessness: Rafael Ochoa (D5); and
2. To Measure O Citizen Oversight Committee: Nathan Castillo (D5). (This item did not originate in Committee).
BACKGROUND
Oxnard City Code section 2-36 states that the Mayor, with the approval of the City Council, shall appoint the members of each Citizen Advisory Group (CAG). The process is outlined in that provision, including nomination by each Council member congruent with his or her term in office. Section 2-37 states that each commissioner shall undergo the City's formal background check procedures before appointment. The Measure O Citizen Oversight Committee is not a CAG, but its establishing resolution has similar language, except that there is no requirement for Committee members to undergo a background check before appointment.
DISCUSSION
The following are two of the City's commissions and committees:
1. Commission on Homelessness (COH)
The COH advises regarding all matters pertaining to homelessness in the City. The COH is composed of seven members, all of whom must reside in the City and be over the age of 18. For this purpose, Councilwoman Basua nominates Rafael Ochoa, who has passed the City's formal background check procedures, to represent District 5.
2. Measure O Citizen Oversight Committee
The Measure O Citizen Oversight Committee is appointed to review the use of Measure O revenues approved by the City Council. The Committee is made up of nine members with one member appointed by the Mayor to represent the City at large, six members appointed by Council District, one member active in a business organization representing the business community located in the City, and one member active in a Neighborhood Council or Neighborhood Association located in the City. Commissioners must reside in the City and be over the age of 18. For this purpose, Councilwoman Basua nominates Nathan Castillo to represent D5.
14 Staff will return on a rolling basis with additional Council nominations to fill the remaining vacancies in the City's commissions, committees and boards.
STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.
FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Luly Lopez, Executive Assistant I, Samantha Shapiro, Project Manager
ATTACHMENTS
1. Appointment of Members to Serve on the City's Commission on Homelessness and Measure O Citizen Oversight Committee -- Presentation
15 Shiri Klima, Deputy City Manager
Appointment of Members to Serve
on the City’s Commission on
Homelessness and Measure O
Citizen Oversight Committee
City Council
March 29, 2022
16 RECOMMENDATION 2
That the Mayor, with the approval of the City Council, make the following appointments:
1. To Commission on Homelessness: Rafael Ochoa (D5); and
2. To Measure O Citizen Oversight Committee: Nathan Castillo (5) 17 3
COMMISSION ON HOMELESSNESS
Function Advises regarding all matters pertaining to homelessness in the City
Requirements 7 members must reside in City and be over age 18 Nomination Councilwoman Basua nominates Rafael Ochoa
18 4
MEASURE O CITIZEN OVERSIGHT BOARD
Function Reviewing use of Measure O funds approved by Council Requirements 9 members must be over age 18:
•7 members appointed by district
•1 member active in a business organization
•1 member active in a Neighborhood Council
Nomination Councilwoman Basua nominates Nathan Castillo 19 RECOMMENDATION 5
That the Mayor, with the approval of the City Council, make the following appointments:
1. To Commission on Homelessness: Rafael Ochoa (D5); and
2. To Measure O Citizen Oversight Committee: Nathan Castillo (D5).
20 ANY QUESTIONS?
6 21
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.1
DATE: March 29, 2022
TO: City Council
FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected]
SUBJECT: Approval of Minutes.
RECOMMENDATION
That the City Council approve the minutes of the March 1, 2022 regular meeting as presented.
BACKGROUND
Approval of Minutes.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Rose Chaparro, City Clerk
ATTACHMENTS
1. MINUTES 03 01 2022 CC Regular Meeting
22 MINUTES
OXNARD CITY COUNCIL
Regular Meeting
MARCH 1, 2022
A. ROLL CALL, POSTING OF AGENDA
At 4:31 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Mayor Pro Tem Bryan A. MacDonald and Councilmembers Gabriela Basua, Vianey Lopez, Oscar Madrigal, Bert E. Perello, and Gabriel (Gabe) Teran were present via videoconference. Mayor Zaragoza was present in person.
Staff members present in person were Alexander Nguyen, City Manager; Stephen M. Fischer, City Attorney; Kenneth Rozell, Chief Assistant City Attorney ; Rose Chaparro, City Clerk , and Simone Seydoux, Assistant City Clerk.
Staff members Ashley Golden, Assistant City Manager; Shiri Klima, Deputy City Manager; Jason Zaragoza, Deputy City Attorney; Jason Benites, Police Chief; Denise Shadinger, Assistant Chief of Police; Alexander Hamilton, Fire Chief; Michael Wolfe, Public Works Director; Brian Yanez, Assistant Public Works Director; Steve Howlett, Assistant Public Works Director; Omar Castro, Water Division Manager; Kevin Thompson, Parks Manager; Todd Vasquez-Housley, Environmental Resources Division Manager; Emilio Ramirez, Housing Director; Vyto Adomaitis, Community Development Director; Betsy George, Chief Financial Officer; Helen Miller, IT Director; Eden Alomeri, Revenue & Licensing Director & Assistant City Treasurer; and Steve Naveau, Human Resources Director participated via videoconference.
Debbie Gohlke with Soroptimist International of Oxnard; Betsy Patterson with the League of Women Voters; Craig Hill and Mike Meyer with NHA Advisors; Eden Casareno and Mary L. Maxion, Auditors with Eadie + Payne LLP; and Russ Trice, Counsel with Norton, Rose, & Fulbright also participated via videoconference.
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council
B. OPENING CEREMONIES (6:00 PM)
The flag salute was followed by a moment of silence.
C. CEREMONIAL ITEMS
1. SUBJECT: Presentation of a Proclamation Designating March 5, 2022, as "Soroptimist STOP Human Trafficking and Sexual Slavery Awareness Day".
Mayor Zaragoza read the proclamation and presented it to Debbie Gohlke with Soroptimist International of Oxnard, who made some remarks.
2. SUBJECT: Presentation of a Proclamation Designating the Month of March as "Women's History Month."
Mayor Zaragoza read the proclamation and presented it to Betsy Patterson with the League of Women Voters, 23 MARCH 1, 2022 OXNARD CITY COUNCIL PAGE 2
who made some remarks.
D. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Ray Blattel (street sweeper) and Douglas Partello (new housing development with proposed location on Doris Avenue, Teal Club Road, and Patterson Road, parking concerns).
E. REPORT OF CITY MANAGER
1. City Manager Department
SUBJECT: COVID-19 Update from Director of Emergency Services. (10/5/5)
RECOMMENDATION: That the City Council:
1. Receive and file an update from the Director of Emergency Services on the COVID19 Local Emergency; and
2. Re-authorize remote teleconference meetings of the legislative bodies of the City of Oxnard in accordance with Assembly Bill 361 based on the following findings: (i) The City’s COVID-19 Comprehensive Policy and Protocol imposes measures to promote social distancing; (ii) The Governor's proclaimed state of emergency remains in effect; (iii) Although the City's facilities re- opened to the public on February 14, 2022, to slow the spread of community transmission, the City Manager still requires meetings to be held virtually as often as possible; and (iv) As a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
Alexander Nguyen, City Manager, presented and answered questions from Council. No public comments were received.
It was moved by Councilmember Perello, seconded by Councilmembe r Lopez, to approve the recommended action. VOTE: Teran, Basua, Zaragoza, Lopez, MacDonald, Madrigal, and Perello voted in favor; the motion
carried 7-0.
F. CITY COUNCIL REPORTS
Councilmember Teran selected Esplanade Mini Storage, as his recommendation for a local business. He announced that even though the Covid- 19 pandemic numbers are improving, he reminded the public to continue to practice good hand hygiene and social distancing practices. He attended the Carriage Square Neighborhood Council m eeting, their first virtual meeting since the pandemic. He announced that this Saturday will be the first of four bulky item drop -off events throughout the City and plans to volunteer this event.
Mayor Pro Tem MacDonald selected the Standard Plumbing Supply as his recommendation for a local family owned business. He announced that there will be help available for residents that may need assistance moving bulky items to the drop-off locations.
Councilmember Madrigal selected Tacos El Diablo as his recomm endation for a local family owned business. He expres sed his condolences to the Flynn family on the passing of former Ventura County Supervisor John Flynn. He shared that he met with local students at Rio Mesa High School to discuss different topics and current issues such as the cost of housing and college education. He also thanked the Santa Paula Hospital and he received excellent medical service. He thanked the County and Santa Paula Hospital staff for assisting his father during his recent work injury. 24 MARCH 1, 2022 OXNARD CITY COUNCIL PAGE 3
Councilmember Perello selected The Restore Facility as his recommendation for a local business. He also expressed his condolences to the Flynn family on the passing of former Ventura County Supervisor John Flynn. He addressed concerns about parking , parking signs, and street sweeper concerns. He recognized the volunteers that have been working to clean-up the Patterson Road neighborhood area. He asked that we keep the country and the people of Ukrain in our thoughts.
Mayor Zaragoza selected In & Out as his recommendation for a local business. He also thanked Mr.
Marvin Boos and the many volunteers in the community for their efforts in cleaning- up the streets in the many neighborhoods throughout the City. He also thanked all the city employees for all the hard work and services that they provide to our residents on a daily basis.
Councilmember Lopez selected Spud nuts Donuts as her recommendation for a local business. She attended the RDP -21 Committee meeting to discuss the local military facilities and different issues that affect the County of Ventura. She is happy and thankful that she has been selected to serve on this important committee. She recently met with a Food Share of Ventura County staff member. Food Share thanked the Parks and R ecreation Department for their participation in the program and working with Food Share throughout the pandemic to distribute food to residents.
Councilmember Basua selected L & L Hawaiian BBQ as her recommendation for a local business. She will be participating in a food giveaway event at Pleasant Valley Park this Saturday. The food is being provided by the Port of Hueneme. Thanked Chief Benites and the Oxnard Police Department for volunteering to assist in the National Association of Mental Illness fundraiser this year.
G. REVIEW OF INFORMATION/CONSENT AGENDA
Items I-1 through I-10 were discussed among the Council and staff. Consent agenda item I.7 was pulled from this meeting agenda and will be brought back to Council at the March 15, 2022 Council meeting.
H. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA (None received.)
I. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of the February 1, 2022 regular meeting as presented.
2. Public Works Department
SUBJECT: Agreement A-8439 to Venco Electric, Inc. for Blending Station No. 3 Variable Frequency Drive Replacement Project, Specification No. PW 22-26.
RECOMMENDATION: That the City Council approve and authorize the following for a total $528,000 in Project funds for the Blending Station No. 3 Variable Frequency Drive Replacement Project, Specification No. PW 22-26 (Project No. 226505):
1. The Mayor to execute Agreement A-8439 with Venco Electric, Inc. in the amount of $440,000 for the Project;
25 MARCH 1, 2022 OXNARD CITY COUNCIL PAGE 4
2. A Project contingency amount of $44,000;
3. A Project allocation of $44,000 for engineering, inspection, survey and project management; and
4. A budget appropriation in the amount of $228,000 from the available fund balance in the Water Operating Fund (601).
3. Public Works Department
SUBJECT: Caltrans Master Agreement Administering Agency-State Agreement and Resolution #15,541, and Caltrans Freeway Maintenance Agreement.
RECOMMENDATION: That the City Council:
1. Approve and Authorize the Mayor to execute Master Agreement Administering Agency-State Agreement No. 07-5129S21 for State-Aid Projects (Agreement No. 9550-22-PW);
2. Adopt
Resolution #15,541 authorizing the Mayor or his or her designee to execute all future project or grant program supplemental agreements and related documents that fall under this Master Agreement; and
3. Approve and Authorize the Mayor to execute Freeway Maintenance Agreement No. VEN-134101 (Agreement No. 9552-22-PW).
4. Public Works Department
SUBJECT: Agreement A-8422 with Pestmaster Services, L.P. to Provide Gopher Abatement Services.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute Agreement A-8422 with Pestmaster Services, L.P. to provide gopher abatement at multiple City properties for a term of one year beginning April 1, 2022, with a maximum of two (2) one-year extensions ending March 31, 2025, and for a total contract not-to-exceed amount of $375,000. (Public Works and Transportation Committee approved 3-0.)
5. Public Works Department
SUBJECT: Agreements for On-Call Professional Engineering Services.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the following on-call professional engineering agreements:
1. Agreement A-8432 with Huitt-Zollars, Inc. in the amount not to exceed $250,000 for a three year term;
2. Agreement A-8399 with Brown and Caldwell in the amount not to exceed $750,000 for a three year term;
3. Agreement A-8410 with Dudek in the amount not to exceed $1,000,000 for a three year term;
4. Agreement A-8415 with AECOM Technical Services, Inc. in the amount not to exceed $500,000 for a three year term;
5. Agreement A-8417 with Hamner, Jewell & Associates in the amount not to exceed $500,000 for a three year term;
6. Agreement A-8435 with Kier & Wright Civil Engineers and Surveyors, Inc. in the amount not to exceed $500,000 for a three year term;
7. Agreement A-8423 with Wallace Group in the amount not to exceed $500,000 for a three year term;
8. Agreement A-8416 with Pacific Coast Land Design, Inc. in the amount not to exceed $1,000,000 26 MARCH 1, 2022 OXNARD CITY COUNCIL PAGE 5
for a three year term;
9. Agreement A-8419 with KTU&A in the amount not to exceed $1,000,000 for a three year term;
10. Agreement A-8420 with Cumming Management Group, Inc. in the amount not to exceed $750,000 for a three year term;
11. Agreement A-8424 with CSG Consultants, Inc. in the amount not to exceed $500,000 for a three year term; and
12. Agreement A-8421 with Transtech Engineers, Inc. in the amount not to exceed $500,000 for a three year term.
(Public Works and Transportation Committee approved 3-0)
6. Public Works Department
SUBJECT: State of California Senate Bill 619 Resolution #15,542 - Notification of Intent to Comply.
RECOMMENDATION: That the City Council adopt Resolution #15,542 to notify the California Department of Resources Recycling and Recovery (CalRecycle) of the City of Oxnard’s intent to comply with Senate Bill 1383 (SB 1383), per the requirements of Senate Bill 619 (SB 619). (Public Works and Transportation Committee approved 3-0)
7. Housing Department
SUBJECT: Purchase and Sale Agreement between the City of Oxnard and the Oxnard Housing Authority for the sale, in the amount of $1, of a single-family home located at 3139 J Street.
RECOMMENDATION: 1. That the City Council adopt a resolution authorizing the City Manager or designee to execute and take all needed actions in consultation with the City Attorney relative to entering into a purchase and sale agreement, a regulatory agreement, and a declaration of restrictive covenants by and between the City of Oxnard and the Oxnard Housing Authority for the sale of residential real property located at 3139 J Street.
2. That the Board of Commissioners of
the Oxnard Housing Authority adopt a resolution approving and authorizing its Executive Director or designee to execute and take all needed actions in consultation with the Authority’s General Counsel relative to entering into a purchase and sale agreement, a regulatory agreement, and a declaration of restrictive covenants by and between the City of Oxnard and the Oxnard Housing Authority for the purchase of residential real properties located at 3139 J Street.
8. Public Works Department
SUBJECT: Aquifer Storage and Recovery (ASR) Completion Project Easement Deed.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Grant of Easement to Southern California Edison Company for the property identified by the County Assessor as APN 202-0-010-720, as particularly described in the Easement Deed. (This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by the City Council.)
9. Finance Department
SUBJECT: Purchase Order (PO 8173) Increase Request for Tri-County Office Furniture.
RECOMMENDATION: That the City Council authorize the Mayor to execute an amendment for Purchase Order 8173 with Tri-County Office Furniture to increase the Purchase Order by $300,000 for a total amount not to exceed $500,000 for the purchase and installation of office furniture. 27 MARCH 1, 2022 OXNARD CITY COUNCIL PAGE 6
10. Public Works Department
SUBJECT: Adoption of an Ordinance Repealing and Replacing Chapter 19, Article II, Solid Waste and Recycling.
RECOMMENDATION: That the City Council:
1. Determine that this Ordinance is exempt from California Environmental Quality Act (CEQA) under CEQA Guideline Section 15061 (b)(3), because the enhanced solid waste regulations, as provided for the proposed ordinance, will not have a significant effect on the environment, and the new State mandatory requirements strengthen the City’s handling of solid waste, recyclable materials and organic materials for the protection of the environment; and
2. Adopt Ordinance
#3007 repealing and replacing Chapter 19 of the Oxnard City Code relating to solid waste and recycling.
Consent Agenda Item I.7: (Purchase and Sale Agreement between the City of Oxnard and the Oxnard Housing Authority for the sale, in the amount of $1, of a single-family home located at 3139 J Street.) This agenda item was pulled from this meeting agenda and will be brought back to Council at the March 15, 2022 Council meeting.
Consent Agenda Item: I.8:
It was moved by Councilmember Lopez , seconded by Councilmember Teran, to approve Consent Item I.8 as presented. VOTE: Basua, Madrigal, Teran, Lopez, Perello, and Zaragoza voted in favor; motion passed 6-0-1.
Mayor Pro Tem MacDonald abstained due to owning property near the location of this project.
Consent Agenda Items: I.1 – I.6 and I.9 – I.10:
It was moved by Councilmember Lopez, seconded by Councilmember Teran , to approve the Information/Consent items I.1 – I-6 and I.9 – I.10 as presented. VOTE: Basua, Madrigal, MacDonald, Teran, Lopez, Perello, and Zaragoza voted in favor, motion passed 7-0.
J. REPORTS
1. Finance Department
SUBJECT: CalPERS Pension Liability Update – Presentation on Unfunded Accrued Liability (UAL), Concept of Restructuring UAL for a Lower Interest Rate and Recommendation to Initiate a Validation Process. (10/20/10)
RECOMMENDATION: That the City Council:
1. Receive a presentation from the City’s municipal advisor on the current status and projections for the CalPERS pension program, and discuss the concept of restructuring the City’s UAL; and
2. Approve Resolution #15,543 authorizing the initiation of a validation process and form of Trust Agreement. (Presentation will be live upon consultant's request).
Betsy George, Chief Financial Officer introduced Craig Hill and Mike Meyer with NHA Advisors which presented and answered questions . No p ublic comments were received . Discussion ensued among the Council and staff.
28 MARCH 1, 2022 OXNARD CITY COUNCIL PAGE 7
It was moved by Councilmember Basua, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Lopez, MacDonald, Madrigal, Perello, Teran, Zaragoza, and Basua voted in favor; motion passed 7-0.
2. Finance Department
SUBJECT: FY 20-21 Annual Comprehensive Financial Report and Summary Presentation. (15/15/10)
RECOMMENDATION: That City Council receive the Fiscal Year 2020-21 Annual Comprehensive Financial Report (ACFR) and summary presentation from the City's external financial auditors, Eadie + Payne, LLP.
(Finance and Governance Committee approved 2-0.)
(Presentation will be live upon consultant's request.)
Betsy George, Chief Financial Officer introduced Mary L. Maxion, Audit Supervisor and Eden Casareno, Client Service Executive, Auditors with Eadie + Payne LLP, which presented and answered questions . Public comments were received from Ray Blattel. Report was received and filed, no formal action was required.
3. Finance Department
SUBJECT: FY 2021-22 Budget Mid-Year Review. (0/10/5)
RECOMMENDATION: That City Council:
1. Receive an update on the FY 2021-22 revenue and expenditure projections for major funds;
2. Approve a budget appropriation request in the amount of $1,000,000 to Public Liability Fund (701) and $162,947 to Workers’ Compensation Fund (702) for an overall total appropriation of $1,162,947;
3. Adopt Resolution #15,544 approving amendments to the Position Control Resolution; and
4. Adopt Resolution #15,545 approving amendments to the Classification and Salary Schedule Resolution.
Betsy George, Chief Financial Officer and Steve Naveau, Human Resources Director presented and answered questions. No public comments were received. Discussion ensued among the Council and staff.
It was moved by Councilmember Teran, seconded by Councilmember Perello , to approve the recommended action as presented. VOTE: Madrigal, MacDonald, Teran, Lopez, Perello, Zaragoza, and Basua voted in
favor; motion passed 7-0.
4. City Manager Department
SUBJECT: Update on Status and Accomplishments of Current Measure O Projects and Opening the Conversation regarding the Weaning Schedule. (0/10/10)
RECOMMENDATION: That the City Council:
1. Receive and file the annual update; and
2. Open the conversation regarding the Measure O weaning schedule.
Shiri Klima, Deputy City Manager gave a report and answered Council’s questions. No public comments were 29 MARCH 1, 2022 OXNARD CITY COUNCIL PAGE 8
received. Discussion ensued among the Council and staff. Report was received and filed, no formal action was required.
5. City Attorney Department
SUBJECT: Introduction of Ordinance #3008 Amending Oxnard City Code Section 2-2.5. Regarding the Boundaries and Identifying Number of Each City Council District. (5/10/10)
RECOMMENDATION: That the City Council introduce Ordinance #3008 for first reading (by title only, waiving further reading) that amends Oxnard City Code Section 2-2.5. regarding the boundaries and identifying number of each City Council district.
Kenneth Rozell, Chief Assistant City Attorney presented and answered questions. No public comments were received. Discussion ensued among the Council and staff.
It was moved by Councilmember Perello, seconded by Councilmember Lopez , to approve the recommended action as present ed. VOTE: Perello, Teran, Zaragoza, Basua, Lopez, MacDonald voted in favor; Madrigal voted against; motion passed 6-1.
K. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 9:01 p.m.
ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor
30 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.2
DATE: March 29, 2022
TO: City Council
FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected]
SUBJECT: Purchase Order with Stryker Medical for $335,137.99.
RECOMMENDATION
That City Council authorize the Mayor to sign a Purchase Order with Stryker Medical for $335,137.99 to purchase seven (7) Lifepak 15 monitors/defibrillators and twelve (12) Lifepak 1000 defibrillators. (The Community Services, Public Safety, Housing & Development Committee approved 3-0 on March 8, 2022.)
BACKGROUND
On February 16, 2021 City Council authorized the submission of six (6) applications to Federal Emergency Management Assistance (FEMA) Assistance to Firefighters Grant (AFG). The Council approved application for the purpose of procuring seven (7) medic monitors and twelve (12) automatic external defibrillators (AED) was funded on August 10, 2021. The medic monitors are electrocardiography (EKG) monitors with defibrillators that are used by paramedics. The addition of seven (7) monitors will allow the Department to place a monitor on every frontline engine improving public safety with advanced lifesaving technology available for all responses. The AEDs will be placed on staff and auxiliary vehicles that are not currently equipped with defibrillators.
DISCUSSION:
FEMA has awarded the City of Oxnard $335,000 for the purchase of monitors and AEDs. The City currently has six (6) Lifepak 15 monitors/defibrillator units in service as part of the First Responder ALS Program. As part of the anticipated ambulance program the city purchased an additional eight (8) Lifepak 15 (LP15) units. The City has also purchased, and placed into service twenty-three (23) Lifepak 1000 (LP1000) AEDs for use on all fire department vehicles to support its basic life support mission.
Utilization of the LP15 and LP1000 devices has distinct benefits. Both devices utilize the same disposable components such as defibrillator pads. This allows for rapid transition and minimum interruption to CPR when transitioning from basic to advanced life support during a cardiac arrest. The standardization of disposable medical equipment also results in easier logistical support and cost savings through the reduced cost of battery replacements and improved pricing via bulk purchasing of defibrillator pads.
Standardization of both devices also enhances the continuous quality improvement of EMS care. Prior to standardization, all post-incident case data from basic and advanced life support providers was sent to different databases. This created additional workflow issues and difficulty in case review by forcing staff to reconcile or merge cases by hand. This data log jam also resulted in issues with distribution of case info to local regulatory oversight agencies. Both the LP15 and LP1000 transmit post incident data to the same data base, allowing for easier case merge, reconciliation and case review.
This data is also reconciled with other intervention data such as the LUCAS automatic CPR device.
For interoperability and standardization purposes, the Fire Department would like to use regional grant funds allocated to the purchase of additional AED and monitors to purchase Lifepak 15 monitors and Lifepak 1000 AED. Stryker Medical 31 is the sole reseller of Lifepak products for the Oxnard area. The quote provided by Stryker Medical is less than the General Services Administration (GSA) price.
STRATEGIC PRIORITIES
This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.
FINANCIAL IMPACT
The grant award is $335,000, including a local match requirement of 10%. The balance of $137.99 will be paid with Fire Department General Fund Operating Budget, account 101-2201-802.81-04
COMMITTEE OUTCOME
The Community Services, Public Safety, Housing & Development Committee approved 3-0 on March 8, 2022 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Amy Van Atta, Management Analyst II, Jaime Villa, EMS Coordinator
ATTACHMENTS
1. Stryker Medical Quote
2. Purchase Order Stryker Medical
32 Quote Summary
Delivery Address End User - Shipping - Billing
Bill To Account
Name:
CITY OF O
XNARD FIRE
Name:
CITY OF O
XNARD FIRE
Name:
CITY OF O
XNARD FIRE
Account #:
1061456 Account #:
1061456 Account #:
1061456
Address:
360 W SECOND ST
Address:
360 W SECOND ST
Address:
360 W SECOND ST
O
XNARD O
XNARD O
XNARD
California 93030-5650
California 93030-5650
California 93030-5650
Equipment Products:
#
Product
Description
Qty Sell Price
Total
1.0 99577-001957 LIFEP
AK 15 V4 Monitor/Defib - Manual & AED, Trending,
Noninv
asive Pacing, SpO2, SpCO, NIBP, 12-Lead ECG,
EtCO2, BT. Incl at N/C: 2 pr QC Electrodes
(11996-000091) & 1 Test Load (21330-001365) per
device, 1 Svc Manual CD (26500-003612) per order
7 $27,551.17 $192,858.19
2.0 41577-000288 Ship Kit -QUIK
-COMBO Therapy Cable; 2 rolls100mm
Paper; RC
-4, Patient Cable, 4ft.; NIBP Hose, Coiled;
NIBP Cuff, Reusable, adult; 12-Lead ECG Cable, 4-Wire
Limb Leads, 5ft; 12-Lead ECG Cable, 6-Wire Precordial
attachment
7 $0.00 $0.00
3.0 21330-001176 LP 15 Lithium-ion Battery 5.7 amp hrs 14 $321.10 $4,495.40
4.0 11171-000049 Masimo™R
ainbow™ DCI Adult Reusable Sp02, SpC0,
SpMet Sensor, 3 F
T. For use with RC Patient Cable.
7 $416.00 $2,912.00
5.0 11171-000046 Masimo™M-LNCS® DCI, Adult R
eusable SpO2 only
Sensor. F
or use with RC Patient Cable.
7 $195.65 $1,369.55
6.0 11160-000013 NIBP Cuff
-Reusable, Child 7 $16.90 $118.30
7.0 11160-000017 NIBP Cuff -R
eusable, Large Adult 7 $23.40 $163.80
8.0 11160-000019 NIBP Cuff
-Reusable, Adult X Large 7 $33.15 $232.05
9.0 11577-000002 LIFEP
AK 15 Basic carry case w/right & left pouches;
shoulder strap (11577-000001) included at no additional charge when case ordered with a LIFEP
AK 15 device
7 $219.05 $1,533.35
10.0 11220-000028 LIFEP
AK 15 Carry case top pouch 7 $39.65 $277.55
11.0 11260-000039 LIFEP
AK 15 Carry case back pouch 7 $56.55 $395.85
AFG- Lifepak 15 and Lifepak 1000
Quote Number:
10439655
Remit to:
Stryker Medical
P.O. Box 93308
Version:
1 Chicago, IL 60673-3308
Prepared For:
CITY OF OXNARD FIRE
Rep:
Shereen Setaghaian
Attn:
Email:
Phone Number:
Quote Date: 10/07/2021
Expiration Date:
4/04/2022
1 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, IL 60673-3308 33 #
Product
Description
Qty Sell Price
Total
12.0 11996-000480 4G Titan III T
rio Modem: Verizon or AT&T WiFi/Cellular/
Audio (audio on/off configur
able by customer), for use
with customer data plan. Customer will obtain SIM card
to configure for Verizon or AT&T
7 $2,295.00 $16,065.00
13.0 99425-000025 LIFEP
AK 1000 ECG Display w/Carry Case. Incl at N/C:
Battery 11141-000156, Carry Case Strap
11425-000012, 2 pr/unit QC REDI
-PAK Electrodes
11996-000017, 3 Wire Monitor Cable 11111-000016,
Acc Pouch 11111-000016 & LIFEPATCH ECG electrodes
3/pk 11100-000001
12 $3,082.50 $36,990.00
14.0 41425-000034 Ship Kit - Liter
ature, LP1000, W RCHG, English 12 $0.00 $0.00
15.0 11996-000017 Electrode QUIK
-COMBO w/REDI-PAK preconnect 12 $27.95 $335.40
Equipment T
otal: $257,746.44
ProCare Products:
# Product
Description
Qty Sell Price
Total
18.1 78000008 ProCare LIFEP
AK 15 Prevent Service: Annual onsite
preventiv
e maintenance inspection and unlimited repairs
including parts, labor and travel with battery coverage for LIFEPAK 15 V4 Monitor/Defib - Manual & AED,
Trending, Noninvasive Pacing, SpO2, SpCO, NIBP, 12-
Lead ECG, EtCO2, BT. Incl at N/C: 2 pr QC Electrodes
(11996-000091) & 1 Test Load (21330-001365) per
device, 1 Svc Manual CD (26500-003612) per order
7 $7,650.00 $53,550.00
ProCare T
otal: $53,550.00
AFG- Lifepak 15 and Lifepak 1000
Quote Number:
10439655
Remit to:
Stryker Medical
P.O. Box 93308
Version:
1 Chicago, IL 60673-3308
Prepared For:
CITY OF OXNARD FIRE
Rep:
Shereen Setaghaian
Attn:
Email:
Phone Number:
Quote Date: 10/07/2021
Expiration Date:
4/04/2022
2 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, IL 60673-3308 34 Price Totals:
Estimated Sales T
ax (0.000%): $23,841.55
Freight/Shipping: $0.00
Gr
and Total: $335,137.99
Comments/T
erms/Signatures
Comments:
Meets F
ederal Supply Schedule Price
Prices: In effect for 90 da
ys
T
erms: Net 30 Days
Contact your local Sales R
epresentative for more information about our flexible
payment options.
AFG- Lifepak 15 and Lifepak 1000
Quote Number:
10439655
Remit to:
Stryker Medical
P.O. Box 93308
Version:
1 Chicago, IL 60673-3308
Prepared For:
CITY OF OXNARD FIRE
Rep:
Shereen Setaghaian
Attn:
Email:
Phone Number:
Quote Date: 10/07/2021
Expiration Date:
4/04/2022
3 Stryker Medical - Accounts Receivable - [email protected] - PO BOX 93308 - Chicago, IL 60673-3308 35 Capital Terms and Conditions:
Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker’s prior written approval, except as may be requested by law or by lawful order of any applicable government agency.
A copy of Stryker Medical's Acute Care capital terms and conditions can be found at https:// techweb.stryker.com/Terms_Conditions/index.html. A copy of Stryker Medical's Emergency Care capital terms and conditions can be found at https://www.strykeremergencycare.com/terms.
4 36
VENDOR PHONE: (800)733-2383
VENDOR FAX: (369)389-5550
VENDOR #: 10579 P
VENDOR ADDRESS: STRYKER FLEX FINANCIAL SHIP TO: FIRE DEPT 3800 EAST CENTRE AVE 360 W. 2ND ST.
PORTAGE, MI 49002 OXNARD, CA 93030
O
ur P.O. # MUST Appear on ALL Invoices, Packages and Correspondence DELIVER BY REQUISITION # REQUISITION DATE CONFIRMED BY
02/10/2022 0000005934 02/10/2022 ANTONIO CORTEZ
FOB ACCOUNT NUMBER AUTHORIZED BY
Multiple Accounts PATRICIA GARCIA
ITEM
#
QUANTITY/
UNIT
DESCRIPTION
ARTICLE OR SERVICE
UNIT
COST
EXTENDED
COST
B
y acceptance of this purchase order, you agree to the attached terms and conditions of the City of Oxnard
PURCHASE ORDER
CITY OF OXNARD
300 WEST 3RD STREET
OXNARD, CA 93030
PURCHASE
ORDER NO.
008530
DATE: 2/24/2022
1 287,000.00
/ DL
7 LIFEPAK 15 & ACCESSORIES
1.0000 287,000.00
2 48,000.00 /
DL
12 LIFEPAK 1000 WITH ACC AND CASE
1.0000 48,000.00
3 137.99 / DL
COST NOT COVERED BY GRANT
1.0000 137.99
Y
D
ELIVERY BY COMMON CARRIER
CONFIRM REMIT ADDRESS IS PO BOX 93308, CHICAGO
IL 60673-3308
COMMITTEE DATE 3/8/22 COUNCIL DATE 3/29/22
37 VENDOR PHONE: (800)733-2383
VENDOR FAX: (369)389-5550
VENDOR #: 10579 P
VENDOR ADDRESS: STRYKER FLEX FINANCIAL SHIP TO: FIRE DEPT 3800 EAST CENTRE AVE 360 W. 2ND ST.
PORTAGE, MI 49002 OXNARD, CA 93030
O
ur P.O. # MUST Appear on ALL Invoices, Packages and Correspondence DELIVER BY REQUISITION # REQUISITION DATE CONFIRMED BY
02/10/2022 0000005934 02/10/2022 ANTONIO CORTEZ
FOB ACCOUNT NUMBER AUTHORIZED BY
Multiple Accounts PATRICIA GARCIA
ITEM
#
QUANTITY/
UNIT
DESCRIPTION
ARTICLE OR SERVICE
UNIT
COST
EXTENDED
COST
B
y acceptance of this purchase order, you agree to the attached terms and conditions of the City of Oxnard
PURCHASE ORDER
CITY OF OXNARD
300 WEST 3RD STREET
OXNARD, CA 93030
PURCHASE
ORDER NO.
008530
DATE: 2/24/2022
NO BTC RQRD*AM
CIVIC CLERK 2022-1799
NSS 21-183 NTE $335,137.99 ONE TIME PURCHASE.
In order to receive payment, email all invoices to:
[email protected]
In the subject line, reference the Purchase
Order number above.
TOTAL PURCHASE AMOUNT $335,137.99
AUTHORIZED SIGNATURE. _______________________
John C. Zaragoza, Mayor
38 VENDOR PHONE: (800)733-2383
VENDOR FAX: (369)389-5550
VENDOR #: 10579 P
VENDOR ADDRESS: STRYKER FLEX FINANCIAL SHIP TO: FIRE DEPT 3800 EAST CENTRE AVE 360 W. 2ND ST.
PORTAGE, MI 49002 OXNARD, CA 93030
O
ur P.O. # MUST Appear on ALL Invoices, Packages and Correspondence DELIVER BY REQUISITION # REQUISITION DATE CONFIRMED BY
02/10/2022 0000005934 02/10/2022 ANTONIO CORTEZ
FOB ACCOUNT NUMBER AUTHORIZED BY
Multiple Accounts PATRICIA GARCIA
ITEM
#
QUANTITY/
UNIT
DESCRIPTION
ARTICLE OR SERVICE
UNIT
COST
EXTENDED
COST
B
y acceptance of this purchase order, you agree to the attached terms and conditions of the City of Oxnard
PURCHASE ORDER
CITY OF OXNARD
300 WEST 3RD STREET
OXNARD, CA 93030
PURCHASE
ORDER NO.
008530
DATE: 2/24/2022
Account Project Amount
23822218028606 772294 287,000.00
23822218028105 772294 48,000.00
10422088028104 MO2209 137.99
39 P
age 4 of 4
PURCHASE ORDERS
TERMS AND CONDITIONS
The City Purchasing Officer and the Vendor agree as follows:
1. Vendor shall furnish to City the labor, materials, equipment, supplies and/or services described in the Purchase Order preceding this page.
2. City shall pay to Vendor the price, or prices, specified in the Purchase Order upon delivery of the labor, materials, equipment, supplies and/or services, and acceptance thereof by the City Purchasing Officer, or upon the completion of the services to be performed and acceptance thereof.
3. If the Purchase Order is continuing in nature, City shall pay to Vendor the amount due Vendor for labor, materials, equipment or supplies furnished, or services completed and accepted.
4. Vendor shall deliver the labor, materials, equipment or supplies, or cause the services to be performed, within the time and in the manner specified in the Purchase Order. Vendor shall be excused in performance for delays resulting from causes beyond the control of Vendor.
5. If services are performed or labor furnished to City under the Purchase Order, Vendor agrees to indemnify, hold harmless and defend City, its City Council, and each member thereof, and every officer, employee, representative or agent of City, from any and all liability claims, demands, actions, damages (whether in contract or tort, including personal injury, death at any time, or property damage), costs and financial loss, including all costs and expenses and fees of litigation or arbitration, that arise directly or indirectly from any acts or omissions related to this Agreement performed by Vendor or its agents, employees, subcontractors, consultants and other persons acting on Vendor’s behalf. This agreement to indemnify, hold harmless and defend shall apply whether such acts or omissions are the product of active negligence, passive negligence, willfulness or acts for which Vendor or its agents, employees, subcontractors, consultants and other persons acting on Vendor’s behalf would be held strictly liable. Vendor’s obligation to defend shall arise when a claim, demand or action is made or filed, whether or not such claim, demand or action results in a determination of liability or damages as to which Vendor is obligated to indemnify and hold harmless.
6. Insurance
a) Vendor shall obtain and maintain during the performance of any services under this Agreement the following insurance coverage issued by a company satisfactory to the Risk Manager, unless the Risk Manager waives, in writing, the requirement that Vendor obtain and maintain such insurance coverage.
i. Commercial general liability insurance, including a contractual liability endorsement, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability coverage (Occurrence Form CG0001ED, November 1988); ii. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Auto Liability Insurance Services Office coverage (Occurrence Form CA000TED, June 1992) covering Code No. 1, “any auto”; iii. Workers’ compensation insurance in compliance with the laws of the State of California, including employer’s liability insurance in an amount not less than $1,000,000 per claimant.
7. Vendor, in the performance of any services or the furnishing of any labor under this Purchase Order, shall be considered an independent contractor, and Vendor and Vendor’s agents and employees shall not be considered officers or employees of the City.
8. Vendor, without the written consent of the City Purchasing Officer, shall not:
a) Assign the Purchase Order, or any interest therein, or any money due thereunder; or b) Make any changes, alterations or variations in the terms of the Purchase Order.
9. The cost of inspection on deliveries, or offers to make deliveries that do not meet specifications, will be paid by Vendor or deducted by City from amounts due Vendor.
10. Vendor shall indemnify and hold harmless City, its officers and employees, from liability, claims, loss or expense of any kind or nature on account of any copyrighted or uncopyrighted composition, patented or unpatented process or invention, article or appliance furnished or used under this Purchase Order.
11. Vendor shall comply with all applicable federal, state and local ordinance, laws and regulations and shall obtain and pay for all required licenses and permits, including a City of Oxnard business license.
12. Return or exchange of materials, equipment or supplies will not be permitted without written approval by the City Purchasing Officer.
13. All materials, supplies and equipment furnished under the Purchase Order shall, where applicable, be in full compliance with the Safety Orders and Regulations of the Division of Industrial Safety of the State of California and the Williams-Steiger Federal Occupational Health and Safety Act of 1970.
14. City may terminate this Purchase Order at any time by giving written notice of termination to Vendor. If termination is for cause, termination shall become effective on the date of the notice or at a later date, specified in the notice. If termination is without cause, termination shall become effective five days after the date of the notice or at a later date specified in the notice.
15. Vendor shall comply with all applicable equal employment opportunity requirements of the California Department of Fair Employment and Housing in performing or contracting for any services under this Purchase Order.
16. For public projects, Vendor shall pay prevailing wages in accordance with Labor Code Sections 1720 et seq.
ADDITIONAL REQUIREMENTS FOR GRANT-FUNDED PROJECTS
17. The following requirements apply to any Purchase Order funded in whole or in part by federal grant funds. a) Upon expiration of the time specified on the reverse side, this Purchase Order shall terminate unless City and Vendor have mutually agreed in writing to an extension of time.
b) If legal action is brought by either party because the other has failed to comply with terms or conditions of this Purchase Order, the prevailing party shall be awarded its attorney’s fees and costs in addition to its damages and/or equitable relief. c) Vendor shall comply with all applicable requirements of Executive Order 11246 as amended by Executive Order 11375 and the regulations adopted pursuant thereto (41 CFR Chapter 60), which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin.
d) Vendor shall insure that the grantee (City), the Federal Grantor Agency, the Comptroller General of the United States, or any duly authorized representative, shall have access to any books, records, documents and papers, specifically relating to this Purchase Order, for the purpose of making audit, examination, excerpts and transcriptions for not less than three years after completion of the project and/or until the completion of the final project audit as required by the Federal Grants Agency. 40 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.3
DATE: March 29, 2022
TO: City Council
FROM: Betsy George, Chief Financial Officer, (805) 200-5400, [email protected]
SUBJECT: Annual Accounts Receivable Write-Off Report.
RECOMMENDATION
That the City Council receive the Annual Accounts Receivable Write-Off Report. (The Finance and Governance Committee approved 3-0 on February 22, 2022 )
BACKGROUND
It is the policy of the City of Oxnard to actively pursue collection of past-due accounts receivable, regularly review the status of past-due accounts, and write off (on an annual basis at fiscal year end, unless definitively deemed uncollectible during the year) amounts determined to be uncollectible. After exhausting reasonable efforts to collect past due accounts, the department providing the services for which the debt is owed sends a ten-day collection notice. Debts that remain uncollected after the ten-day response period are submitted to the City's debt collection vendor. Collection efforts continue to be performed until the statute of limitations expires. Collection efforts may end prior to the statute of limitations expiring if bankruptcy has been discharged for the account, a business no longer exists, or an individual is deceased.
Acceptable reasons for writing off a receivable account include:
Discharged Bankruptcy. The account has been discharged through bankruptcy court, and the file has been noted with the date filed, number, court district, and date of discharge. Deceased. The debtor is deceased with no estate.
Invalid Referral. The account was assigned in error. A billing should not have been generated. No Judgment. The debt was reviewed by a court, and the court determined that the debt could not be substantiated.
Statute of Limitations. The statute of limitations has expired (usually after four years for General Billing and two years for Utility Billing) without payment or promise of payment since the last transaction date. Amount Does Not Warrant Further Effort. No response to demand for payment. Further pursuit would not be cost effective.
Resolution No. 15,281, which was adopted on November 19, 2019, established that writing off accounts receivable must be approved by the City Council, except when the amount of any individual account is less than $25,000, in which case the City Manager may approve the charge off.
DISCUSSION
During a detailed review by the Finance Department of the City’s accounts receivable aging, 1,019 customer accounts totaling $419,645.73 were identified that are deemed uncollectible as the statute of limitations has expired. 529 41 individual Utility Billing accounts (Water, Wastewater, and Environmental Resource) represent $246,491.36 of the total, and 490 individual General Billing accounts (such as DUIs, false alarms, and property damage) represent the remaining $173,154.37.
Extensive collection efforts were made on these accounts by the Finance Department, Billing & Licensing Department, City Attorney’s Office, and FEDChex (the City's collection vendor). Examples of the City's collection efforts include mailing notices, deploying door hangers, terminating services, sending out 10-days-to-pay notices, pursuing unpaid amounts in small claims court, and referring accounts to the City's collection vendor.
On December 27, 2021, the City Manager approved the write-off of uncollectible receivables from General Billing, representing 490 individual accounts each below $3,800 that are past due by four years. The total value of these General Billing accounts is $173,154.37.
On June 28, 2021, the City Manager approved the write-off of up to 541 accounts totaling $248,094.55 in uncollectible Water, Wastewater and Environmental Resources receivables with individual balances below $25,000. The actual amount of utility accounts written-off was $246,491.36, representing 529 accounts with individual balances below $25,000 that are past due by two years. The write-off amount decreased by 12 accounts totaling $1,603.19 as additional payments were collected after the list and memo were presented to the City Manager for approval.
A write-off of uncollectible accounts receivable from the City's accounting records does not constitute forgiveness of the debt or a gift of public funds. For any account written off, customer information will be retained in the accounts receivable module in order to have continued enforcement of service denied on credit until previously written-off balances have been paid in full. If an account was mistakenly written off or a previously uncollectible amount is received after being written off, the account may be reactivated.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
There is no financial impact in Fiscal Year 2021-22 as an allowance for doubtful accounts has been established in prior fiscal years for these delinquent accounts.
COMMITTEE OUTCOME
The Finance and Governance Committee approved 3-0 on February 22, 2022, to approve the staff recommendation and to present the report to Council.
Prepared by: Betsy George, Chief Financial Officer, Eden Alomeri, Billing and Licensing Director
ATTACHMENTS
1. CM Authorized Billing & Licensing Write-Offs_Jun 28 2021
2. CM Authorized Finance Department Write-Offs_Dec 27 2021 42 43
44 45
46 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.4
DATE: March 29, 2022
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected]
SUBJECT: Second Amendment to Enterprise Lease Agreement.
RECOMMENDATION
That City Council approve and authorize the Mayor to execute a second amendment to Agreement A-8136 with Enterprise Fleet Management, Inc. (Enterprise), for vehicle leases, increasing the value of the agreement from $4,100,000 to not exceed $6,795,000 for the term of the agreement, which expires on December 1, 2025. (The Public Safety Committee reviewed the item on February 22, 2022 and forwarded the item to City Council for review and approval.)
BACKGROUND
On June 18, 2019, City Council approved an agreement (A-8136) with Enterprise Fleet Management, Inc. to lease vehicles for the Police Department's Investigative and Administrative Services Bureaus. Currently, thirty-seven (37) of the Police Department's vehicles are leased through this agreement. The budgeted amount for the lease agreement was $225,000 annually for three (3) years, not to exceed $675,000, and is valid through June 30, 2022.
On March 17, 2020, the City Council approved the first amendment to Agreement A-8136, which increased the agreement's value from $675,000 to $4,100,000. In addition, the first amendment authorized all City departments to utilize current vehicle replacement funds for leasing or future leasing of vehicles and extended the agreement's term to December 1, 2025.
This second amendment to Agreement A-8136 will increase the value of the agreement by $2,695,000, from $4,100,000 to not exceed $6,795,000 for the term of the agreement. The increase of $2,695,000 will be used to lease all Police Department vehicles through the Enterprise Agreement. This will expand to include patrol cruisers and other support vehicles. The funds would be used and dispersed as follows:
Field Services Bureau Investigative/Administrative Services Bureau
FY Total
FY 21-22 - $505,000 FY 21-22 - $225,000*
*Already in PD Budget
$505,000
FY 22-23 - $505,000 FY 22-23 - $225,000 $730,000
FY 23-24 - $505,000 FY 23-24 - $225,000 $730,000
FY 24-25 - $505,000 FY 24-25 - $225,000 $730,000
Total $2,695,000
47 For the last ten years, the Police Department has been leasing vehicles through Enterprise Fleet Management, Inc. The Police Department has a fleet of thirty-seven (37) leased vehicles assigned to the Investigative and Administrative Services Bureaus. The Enterprise lease agreement has allowed the Police Department to lease vehicles on a two to four- year cycle instead of purchasing the vehicles. The ability to lease these vehicles has created a healthy fleet of vehicles and provided flexibility in exchanging vehicles. The current lease budget for the Investigative and Administrative Services Bureaus is $225,000 (annually), not to exceed $675,000 for three (3) years.
Based on the Police Department's success in leasing police vehicles for the Investigative and Administrative Services Bureaus, the Police Department intends to use the Enterprise agreement to lease patrol vehicles for the Field Services Bureau. The Police Department currently has a fleet of approximately 40 vehicles that are primarily used for patrol duties. Of these 40 vehicles, eight (8) have over 100,000 miles, and another (12) vehicles have over 90,000 miles. A majority of the vehicles designated for patrol duties are 3-5 years old. The City's vehicle purchasing guidelines recommended service life for vehicles is 100,000 miles or four years.
Once a patrol vehicle has met the threshold of 100,000 miles or four years, the vehicle's reliability comes into question, and the repair costs generally increase. In addition, vehicle parts have become scarce and expensive. For older vehicles, the cost of repairing the vehicle can far exceed its worth. As a result, the current status of the Police Department's patrol fleet can be described as in need of rehabilitation.
It is essential for the Police Department to have a comprehensive vehicle replacement plan to maintain a safe, healthy, and reliable patrol fleet. This proposed vehicle replacement plan includes leasing vehicles from Enterprise Fleet Management. The following is a vehicle replacement plan for the next three (3) fiscal years:
FY 21-22 - Twelve (12) patrol vehicles, three (3) supervisor patrol vehicles, and one (1) patrol support truck. FY 22-23 - Twelve (12) patrol vehicles, two (2) supervisor patrol vehicles, and two (2) patrol support vehicles. FY 23-24 - Ten (10) patrol vehicles and five (5) patrol support vehicles.
Vehicles leased in FY 22-23 and FY 23-24 are subject to change based on the availability of vehicles and the Department's needs. Vehicles leased through Enterprise will replace vehicles with high mileage and vehicles that are deemed a "total loss" due to major mechanical issues or inoperable due to traffic collisions.
The chart below is based on a 48-month Enterprise lease agreement of twelve (12) patrol vehicles, three (3) supervisor vehicles, and one (1) patrol support truck. The costs include outfitting the patrol vehicles, mobile data computer (MDC) purchases, and police radios. The last two columns show the difference in cost to lease vehicles versus the outright cost to purchase vehicles. The proposed delivery date of the vehicles is in April or May of 2022.
Vehicle Type Year 1 total cost
(includes MDC, radio
and outfitting)
Year 2 lease
cost
Year 3 lease
cost
Year 4 lease
cost
End of the lease
cost
Total cost at the end of
the 4-year lease
Total purchase cost
(includes MDC, radio and
outfitting)
Patrol vehicles (12) $294,614.52 $177,238.08 $177,238.08 $177,238.08 $5,700 $832,028.76 ($69,335.73 per vehicle)
$863,720.76
($71,976.73 per vehicle)
Supervisor vehicles
(3)
$82,008.96 $45,360.36 $45,360.36 $45,360.36 $1,425.00 $219,515.04 ($73,171.68 per vehicle)
$227,538.00
($75,846.00 per vehicle)
Patrol support truck
(1)
$9,740.16 $5,809.56 $5,809.56 $5,809.56 $450.00 $27,618.84 $31,117.46 Totals $386,363.64 $228,408.00 $228,408.00 $228,408.00 $7,575.00 $1,079,162.64 $1,122,376.22 Having a healthy and reliable patrol fleet is critical for the Police Department's ability to serve the community. Police officers need to respond to emergencies in our community. They need to do so in vehicles that are safe, dependable, and are able to perform at an optimum level during critical and high-risk situations. A stable and reliable patrol fleet will help the Police Department meet City Council's 2021-2025 established priorities of Maintaining 911 safety/emergency response times. Utilizing the Enterprise Fleet Management lease program would allow the Police Department to replace dilapidated patrol vehicles consistently and provide a healthy patrol fleet for more reliable service delivery to our community. Additional benefits include:
48 Lower upfront costs and reduced monthly expenses.
The ability to add and remove vehicles easily to meet changing needs and priorities. Newer vehicles require less maintenance, reduced maintenance costs, and reduced purchasing of vehicle parts. The ability to add modern vehicles that have the latest safety technology and safety equipment.
During the FY 21-22 budget approval process, Oxnard City Council approved $505,000 to be used by the Police Department to lease patrol vehicles through the Enterprise Fleet Management agreement. Therefore, it is requested that the approved and encumbered $505,000 be added to agreement A-8136 (PO 007364).
STRATEGIC PRIORITIES
This agenda item supports the Public Safety Strategy. The purpose of the Public Safety Strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and the health of our community.
FINANCIAL IMPACT
The second amendment to the Enterprise Lease Agreement (A-8136) will increase the current agreement by $2,695,000 for a new contract value to not exceed $6,795,000. This increased value of $2,695,000 includes an estimated cost of $2,020,000 for four years ($505,000 annually) to be used by the Police Department to lease vehicles for the Field Services Bureau and $675,000 ($225,000 annually beginning in FY 22-23) to lease vehicles for the Investigative and Administrative Services Bureaus. There are sufficient funds budgeted for FY 21-22 in the General Fund for Field Services ($505,000 in 101-2101-802-8321). Future years' funding will be included in the recommended budget for each fiscal year.
COMMITTEE OUTCOME
The Public Safety Committee reviewed the item on February 22, 2022, and forwarded the item to City Council for review and approval.
Prepared by: Alex Arnett, Police Commander
ATTACHMENTS
1. Second Amendment to Enterprise Lease Agreement Review Form
2. Second Amendment to Enterprise Lease Agreement Presentation 49 50
51 52
SECOND AMENDMENT TO THE ENTERPRISE
LEASE AGREEMENT
Oxnard City Council
March 29, 2022
Alex Arnett, Commander
53 • That City Council approve and authorize the Mayor to execute a second amendment to Agreement A-8136 with Enterprise Fleet Management, Inc. to increase the value of the agreement from $4,100,000 to not exceed $6,795,000 for the term of the agreement, which expires on December 1, 2025.
RECOMMENDATION 2
54 • June 18, 2019 – City Council approved agreement A-8136 with Enterprise Fleet Management, Inc. to lease vehicles for the Police Department’s Investigative and Administrative Services Bureaus. The value of the agreement was $225,000 over 3-years, not to exceed $675,000, which expires on June 30, 2022.
• March 17, 2020 – City Council approved the first amendment to agreement A-8136 to increase the value from $675,000 to $4,100,000.
It also authorized City departments to use vehicle replacement funds to lease vehicles, and extended the agreement to December 1, 2025. • This second amendment to agreement A-8136 will increase the value of the agreement by $2,695,000, from $4,100,00 not to exceed $6,795,000 for the term of the agreement, and the Police Department will lease all police vehicles through the Enterprise lease agreement.
BACKGROUND 3
55 • Police Department has been leasing vehicles through Enterprise for the past 10-years
• Currently there are 37 vehicles that are on lease:
• Investigative Services Bureau
• Administrative Services Bureau
• Vehicles leased through Enterprise:
• Two to four year lease cycle
• Flexibility in exchanging vehicles
• Created a healthy and reliable fleet of vehicles
• Value of the agreement:
• Three year agreement
• $225,000 annually, not to exceed $675,000
POLICE DEPARTMENT LEASED VEHICLES 4
56 • Police Department intends to lease patrol vehicles • Approximately 40 vehicles used for patrol duties:
• 8 patrol vehicles – over 100,000 miles
• 12 patrol vehicles – over 90,000 miles
• Majority of vehicles are 3-5 years old
• City’s vehicle purchasing guidelines recommended service life is 100,000 miles or four years
POLICE DEPARTMENT PATROL VEHICLES 5
57 • Aged and high mileage patrol vehicles:
• Reliability of the vehicles
• Increased repair costs
• Parts become scarce and expensive
• Patrol vehicles consistently out of service for extended period of time • Cost to repair vehicle exceeds it’s worth; vehicles removed from service POLICE DEPARTMENT PATROL VEHICLES 6
58 • 3-year vehicle replacement plan for patrol vehicles:
• FY 21-22 – Twelve (12) patrol vehicles, three (3) supervisory patrol vehicles, one (1) patrol support truck
• FY 22-23 – Twelve (12) patrol vehicles, two (2) supervisory patrol vehicles, two (2) patrol support vehicles
• FY 23-24 – Ten (10) patrol vehicles, five (5) support vehicles • Vehicles leased in FY 22-23 and FY 23-24 are subject to change based on vehicle availability and the Department’s needs • Leased vehicles will replace high-mileage vehicles, or vehicles deemed a “total loss”
PATROL VEHICLE LEASE PLAN 7
59 • Future funding to lease Investigative and Administrative Services Bureaus vehicles are included in the increased value
• The chart below indicates how the $2,695,000 will be dispersed • Future years’ funding will be included in the recommended budget for each fiscal year
DISPERSAL OF FUNDING 8
60 LEASE VS. PURCHASE COSTS 9
• 48-month lease for patrol vehicles
• 12 patrol vehicles, 3 supervisory patrol vehicles, 1 patrol support truck
• Costs include outfitting, MDC purchases, and police radios. • Anticipated delivery date: April or May 2022
61 • Benefits of leased patrol vehicles
• Helps create a comprehensive vehicle replacement plan • Provides for a safe, reliable and healthy patrol fleet • Newer vehicles require less maintenance, reduce maintenance costs, and reduce purchasing of vehicle parts
• Patrol vehicles are serviced more quickly and less down time • Modern vehicles with the latest safety technology and equipment • Provide reliable service delivery to the Community
• Maintain 911 safety/emergency response times
BENEFITS OF LEASED VEHICLES 10
62 QUESTIONS
11 63
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.5
DATE: March 29, 2022
TO: City Council and Housing Authority
FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected]
SUBJECT: Accessibility Remodel Project at Palm Vista. (0/5/5)
RECOMMENDATION
That the Board of Commissioners of the Oxnard Housing Authority approve and authorize the Chairman to execute a firm-fixed price contract in the amount of $379,560.11 with MDJ Management (Agreement number A-8426) using funds previously appropriated from the 2019 Capital Fund grant for Section 504 compliance with the Americans with Disabilities Act.
(The Community Services, Public Safety, Housing & Development Committee approved 3-0)
BACKGROUND
This project is part of a multi-phase conversion project that will bring the Oxnard Housing Authority into compliance with Section 504 of the American Disabilities Act, which establishes a minimum number of dwelling units that must be accessible for individuals with disabilities. As a result of the demolition of units at Colonia Village, the Oxnard Housing Authority lost forty-four (44) accessible units.
The Oxnard Housing Authority must convert a minimum twenty-four units to be compliant with the American Disabilities Act. The twenty-four units that will be converted have been selected from each public housing site based on ease of conversion, availability of space and cost effectiveness. Two conversions are currently underway at the Pleasant Valley public housing property. After the proposed five units are converted at Palm Vista, as identified in this staff report, the Oxnard Housing Authority will have to complete seventeen additional conversions. This project involves the accessibility remodel of five units, the parking and path of travel at 801 South C Street. This conversion project was anticipated and planned for in the Oxnard Housing Authority’s Five-Year Plan originally adopted on April 2, 2019.
The City of Oxnard is a member of Sourcewell (formerly known as the National Joint Powers Alliance), which competitively bids construction tasks with pre-set unit prices and specifications for general construction services including materials, equipment, and labor costs. The California Government Code authorizes public agencies to participate in cooperative purchasing agreements like those established by Sourcewell, while still remaining within the Oxnard Housing Authority’s procurement policies.
Staff communicated with Gordian, which is authorized by Sourcewell to provide consulting services, to procure a general contractor to complete the contemplated renovation work at Palm Vista. All work will be Prevailing Wage.
A description of the proposed accessibility remodel at 801 South C Street includes:
SCOPE OF WORK
1. Accessibility Remodel of 5 units per plans
a. Abatement and removal of popcorn ceilings and drywall 64 b. Demolition & Installation of kitchen and bathrooms (Cabinets, lighting, sink, fixtures, and appliances ) c. Installation of new wall, doors, and drywall
d. Relocate existing fire sprinkler system
e. New electrical and plumbing per plans
f. Patch and Paint entire unit
g. New Vinyl Plank flooring in entire unit with new base
2. ADA parking and path of travel per plans
a. Remove existing parking striping and patch as needed b. Relocate wheel stops
c. New Parking Striping & Signs
d. Remove existing gate and install new
e. Remove existing exit door and skylight and install new per plans MDJ Management submitted a proposal in the amount of $379,560.11. Staff has reviewed this proposal and recommends award.
STRATEGIC PRIORITIES
This agenda item supports the Quality of Life Strategy. The purpose of the Quality of Life Strategy is to build relationships and create opportunities within the community for safe and vibrant neighborhoods, which will showcase the promising future of Oxnard.
FINANCIAL IMPACT
The funding for this item will be from Oxnard Housing Authority 2021 Capital Fund Grant. There is sufficient funding from the grant to cover the cost of the agreement. The Capital Fund allocation to the Oxnard Housing Authority was $2,384,049. After deducting debt service, management fees and the cost of this agreement the remaining fund balance will be $1,368,040. There is not an impact to the City General Fund.
COMMITTEE OUTCOME
The Community Services, Public Safety, Housing & Development Committee approved 3-0 on February 22, 2022, to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Emilio Ramirez, Housing Director
ATTACHMENTS
1. Agreement Number A-8426
65 1
CAPITAL IMPROVEMENT CONTRACT
Contract No: A-8426
Name of Contractor: MDJ Management
Address: 531 Main Street, #611, El Segundo, CA 90245
Project description: Accessibility Remodel Project at Palm Vista (CAL 31-8)
This Capital Improvement Contract ( “Contract”) is made at Oxnard, California, as of this 18th day of January 2022 between the City of Oxnard Housing Authority , called herein the “Authority”, and the above-named contractor (“Contractor”) for the construction of the capital improvement project described herein. The parties hereto agree as follows:
I. Type of Contract
This contract is a firm- fixed price contract as defined by 2CFR Part 200 and the Department of Housing and Urban Development (HUD) Handbook 7460.8, Rev. 2.
2. Contract Price
Contractor shall perform the scope of work per the approved plans for 801 South C Street (application number 20- 190210). Authority shall pay Contractor, as described in Exhibit A, attached hereto and incorporated herein by this reference, in full payment for said work, the following sum: $379,560.11
The above sum includes all taxes and the costs of any required bonds, required certificates and permit fees.
3. Payment Schedule
Authority shall pay Contractor no later than 30 calendar days after Authority accepts Contractor’s invoices and Authority shall make final payment no later than 60 calendar days after Authority has issued and approved a certificate of completion for the wor k contemplated herein, provided that the Authority may withhold from progress payments an amount equal to 5 percent of the progress payment and may withhold from final payment an amount sufficient to protect the Authority from disputes equivalent to 150 percent of the value of any disputed amount of work.
4. Scope of Work
Contractor shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to, and shall perform and complete in a good, safe and workmanlike manner, the work de scribed in the approved plans.
66 2
5. Contract Documents
The complete Contract consists of all the following, which are specifically incorporated herein by reference:
a. Change Orders
b. Contract Amendments –
c. This Contract
d. Amendments to HUD Form 5370
e. HUD Form 5370 General Conditions for Construction Contracts – Public Housing Programs
f. Specifications
g. Plans
h. Permits
i. Contractor's bid proposal and list of subcontractors (if applicable). j. Performance and payment bonds as required by the specifications and applicable law. Unless otherwise specified, each such bond shall be 100 percent of the Contract price.
k. Insurance as required by the specifications and applicable law. l. All applicable wage determinations, safety and health regulations, non- discrimination provisions, labor standards, and requirements if the Contract is federally assisted. This includes but is not limited to such items enumerated in the specifications and addenda thereto.
6. Indemnity
Contractor agrees to indemnify, hold harmless and defend Authority, its Commission, and each member thereof, and every officer, employee, representative or agent of Authority, from any and all liability, claims, demands, actions, damages (whether in contract or tort, including personal injury, death at any time, or property damage), costs and financial loss, including all costs and expenses and fees of litigation or arbitration, that arise directly or indirectly form any acts or omissions related to this Agreement performed by Contractor or its agents, employees, Subcontractors, Contractors, and other persons acting on Contractor’s behalf. This agreement to indemnify, hold harmless and defend shall apply whether such acts or omissions are the product of active negligence, passive negligence, willfulness or acts for which Contractor or its agents, employees, subcontractors, consultants and other persons acting on Contractor’s behalf would be held strictly liable.
7. Time for Performance
The time limit for the completion of the work is 180 working days after receipt of the Notice to Proceed.
Contractor shall not perform any work until the Authority issues a Notice to Proceed. Work will be completed within the time limit specified above and in the Notice to Proceed.
67 3
8. Acknowledgement
Contractor by signing hereunder acknowledges that he has reviewed all the foregoing documents and agrees with the requirements, conditions and covenants contained therein.
The parties agree that this Agreement may be transmitted and signed by electronic or digital means by either/any or both/all Parties and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code Section 16.5 and California Civil Code Section 1633.7.
CITY OF OXNARD MDJ MANAGEMENT
HOUSING AUTHORITY
_________________________ ________________________
John C. Zaragoza Matthew McMillon
Chairman President
APPROVED AS TO FORM: APPROVED AS TO INSURANCE:
_________________________ _______________________
Stephen M. Fischer, Rhonda Hodge
Housing General Counsel Housing Finance Officer
APPROVED AS TO COMPLIANCE:
______________________
Rhonda Hodge
Contract Administrator
68 4
GENERAL CONDITIONS
Work Hours:
From 8:00 AM to 5:00 PM max. Including 1-hour lunch.
No work is allowed Saturdays, Sundays and during any official holidays.
Safety and Security:
The contractors are required to secure the work area during the work hours, lunch hours, weekends, and holidays. The contractors shall secure and render safe the entire construction area at the end of each working day. Work areas must be well barricaded and flagged, and all precautions should be taken to avoid injury or damage to any person or property and shall protect and indemnify the Housing against any claim or liability arising from or based on the lack of proper safeguards or negligence whether by it or its agents, employees or Subcontractors.
Compliance with all Laws:
The contractors shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the contractors perform pursuant to the contract documents.
Project Schedule:
The contractor is expected to complete the job in not to exceed one hundred-sixty (180) working days.
Construction Debris:
Due to the nature of the job, the contractor is responsible for hauling away debris.
Storage Bin
The contractor shall provide bins and/or containers for temporary storage.
Warranty:
The contractor shall warranty the work for a period of Three (3) years against workmanship and One (1) year for the material by the manufacturer.
Final Walkthrough, and Sign off:
The contractor is required to call for a final walk through with the project manager and/ or the Housing Authority staff after completion of each unit at the job site. Upon approval, the contractor may partially bill the Housing Authority for that completed unit. All the payments will be pending obtaining a final sign off from the City inspector and turning in those permits.
69 Work Order Signature Document
EZIQC Contract No.: CA-08-SL-B-A-030618-MDJ
Palm V
ista ADA upgrades
New Work Order
098302.00
Modify an Existing Work Order
Work Order Title:
Work Order Number.: Work Order Date:
X
11/10/2021
Contractor Name:
Contact:
Phone:
Contact:
Phone:
Matt McMillon
310-490-1521
Owner Name: City of Oxnard Housing Authority
Fredi Contreras
805-890-8319
MDJ Management
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-08-SL-B-A-030618-MDJ.
Brief W
ork Order Description:
ADA renovations
Will not apply:Liquidated Damages Will apply:
Estimated Completion Date:
Estimated Start Date: Time of Performance
X
Work Order Firm Fixed Price: $379,560.11
Owner Purchase Order Number:
Approvals
Date DateContractorCity of Oxnard Housing Authority
2.00
11/10/2021
Work Order Signature Document
EXHIBIT A
70 3.00
Detailed Scope of Work
Fredi ContrerasMatt McMillonTo: From:
MDJ Management City of Oxnard Housing Authority
531 Main St #611 1470 E Colonia Rd
El Segundo, CA 90245 oxnard, CA 93030
310-490-1521 805-890-8319
Work Order Number:
November 10, 2021Date Printed:
098302.00
Palm Vista ADA upgradesWork Order Title:
Brief Scope: ADA renovations
Revised FinalPreliminary X
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work.
See attached.
Subject to the terms and conditions of JOC Contract CA-08-SL-B-A-030618-MDJ.
Contractor Date
DateCity of Oxnard Housing Authority
11/10/2021
Scope of Work
71 MDJ ManagementLicense # 1044711DIR # 1000061313531 Main St. #611 El Segundo CA 90245 Job Name: 801 South C Street Accessibility RemodelLocation: 801 South C Street Oxnard, CA 93030Customer: Oxnard Housing Authority Submitted: 10/29/21
Detailed Scope of Work
Accessibility Remodel● Remodel 5 Units○ Abatement and removal of popcorn ceilings and drywall○ Demolition of kitchen and bathrooms per plans○ Installation of new wall per plans○ Relocate existing fire sprinkler system○ New doors to bathrooms and bedrooms○ New drywall per plan to match surrounding○ New electrical and plumbing per plans○ Installation of new kitchen per plans■ Cabinets, lighting, sink, fixtures, appliances, ...○ Installation of new bathroom per plans■ Shower units, lighting, sinks, fixtures, …○ Patch and Paint entire unit○ New Vinyl Plank flooring in entire unit with new base● ADA parking and path of travel○ Remove existing parking striping and patch as needed○ Relocate wheel stops○ New Parking Striping per plans○ New Signs per plans○ Remove existing gate and install new per plans○ Remove existing exit door and skylight and install new per plans 1of 2
72 Notes● All Work will be Prevailing Wage Normal Working Hours● Current plan is 1 unit first, then remaining 4 units once 1st is completed● Any additional add on items will be at the request of the customer. Anyadjustment shall be an additional cost.
Submitted by:
Matthew McMillonPresident [email protected] 2of 2
73 4.00
Contractor's Price Proposal - Summary
Owner PO #:
Palm Vista ADA upgrades
098302.00
CA-08-SL-B-A-030618-MDJIQC Master Contract #:
Work Order #:
Title:
Re:
November 10, 2021Date:
Proposal Value:
Contractor: MDJ Management
$379,560.11
$8,726.45general
$9,123.59Parking Lot
$72,342.01Unit 105
$72,342.01Unit 106
$72,342.02Unit 107
$72,342.01Unit 108
$72,342.01Unit 109
Proposal Total
Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$379,560.11
11/10/2021
Contractor's Price Proposal - Summary
74 5.00
Contractor's Price Proposal - Detail
Palm Vista ADA upgrades
098302.00
CA-08-SL-B-A-030618-MDJIQC Master Contract #:
Work Order #:
Owner PO #:
Title:
Re:
November 10, 2021Date:
Proposal Value:
Contractor: MDJ Management
$379,560.11
(Excludes)Equip. MaterialLabor
Line TotalDescriptionUOMMod.ItemSect.
general
01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs. The base cost of the Reimbursable Fee is $1.00. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee (e.g. quantity of 125 = $125.00 Reimbursable Fee). If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warrantee, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal.
1 $8,726.45EA
Installation =x x 8,726.45
FactorUnit PriceQuantity Total
1.00 1.1766 7,416.67
Bond = $ x 2%
$8,726.45Subtotal for general
Parking Lot
08 13 13 13 0008 3' x 6'-8" x 1-3/4", 20 Gauge, Unrated, Hollow Metal Door2 $508.25EA Installation =x x 457.37
FactorUnit PriceQuantity Total
452.13 1.0116 1.00
Demolition x x = 50.87 50.29 1.0116 1.00
remove and replace exit door
08 71 43 00 0023 7" Width, 1/2" Height, Aluminum Saddle Threshold (Pemko 176A)3 $115.63LF Installation =x x 115.63
FactorUnit PriceQuantity Total
38.10 1.0116 3.00
for new exit door
10 14 53 00 0015 9" x 18" Aluminum Engineer Grade Traffic Sign4 $112.63EA Installation =x x 83.15
FactorUnit PriceQuantity Total
41.10 1.0116 2.00
Demolition x x = 29.48 14.57 1.0116 2.00
fine parking sign
10 14 53 00 0024 18" x 24" Aluminum Engineer Grade Traffic Sign5 $237.69EA Installation =x x 190.71
FactorUnit PriceQuantity Total
62.84 1.0116 3.00
Demolition x x = 46.98 15.48 1.0116 3.00
handicap parking signs and warning sign
10 14 53 00 0024 0209 For Hi-Intensity Grade, Add6 $29.01MOD Installation =x x 29.01
FactorUnit PriceQuantity Total
9.56 1.0116 3.00
10 14 53 00 0200 6', 2-3/8" Diameter, Galvanized Steel Tubular Sign Post7 $178.26EA Installation =x x 140.69
FactorUnit PriceQuantity Total
69.54 1.0116 2.00
Demolition x x = 37.57 18.57 1.0116 2.00
parking sign posts
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Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Parking Lot
31 23 16 36 0009 Excavation For Building Foundations And Other Structures By Hand in Soil8 $663.16CY Installation =x x 663.16
FactorUnit PriceQuantity Total
109.26 1.0116 6.00
to remove existing post footings
32 12 33 00 0002 Single Course Bituminous Treatment, Prepare And Clean Surface Roadway9 $789.05SY Installation =x x 789.05
FactorUnit PriceQuantity Total
2.60 1.0116 300.00
to repair existing asphalt
32 17 13 33 0001 Removal And Relocation Of Precast Concrete Wheel Stop10 $118.03EA Installation =x x 118.03
FactorUnit PriceQuantity Total
29.17 1.0116 4.00
remove and relocate wheel stops per plans
32 17 23 13 0070 Single 4" Wide Solid Line, Painted Pavement Striping for Parking Areas11 $82.95LF Installation =x x 82.95
FactorUnit PriceQuantity Total
0.82 1.0116 100.00
striping per plans
32 17 23 13 0074 Solid Area, Painted Pavement Marking For Parking AreasUse task for lines >12" wide, stop bars, transverse lines, diagonal lines, crossing lanes, etc. 12 $3,894.66SF
Installation =x x 3,894.66
FactorUnit PriceQuantity Total
3.85 1.0116 1,000.00
for removal of existing painted parking spaces
32 17 23 13 0076 12" High, Letter/Number, Painted Pavement Marking For Parking Areas13 $42.24EA Installation =x x 42.24
FactorUnit PriceQuantity Total
4.64 1.0116 9.00
for "No Parking"
32 17 23 13 0076 0067 For Up To 10, Add14 $5.10MOD Installation =x x 5.10
FactorUnit PriceQuantity Total
0.56 1.0116 9.00
32 17 23 13 0088 Handicap Symbol For Van Parking Stalls, Painted Pavement Marking For Parking AreasApproximate overall dimensions: 4-1/3' width x 5' height. White or blue symbol. Excludes striping.
15 $68.93EA
Installation =x x 68.93
FactorUnit PriceQuantity Total
34.07 1.0116 2.00
2 new handicap markers on concrete
32 17 23 13 0088 0333 For Blue Background With White Symbol, Add16 $73.12MOD Installation =x x 73.12
FactorUnit PriceQuantity Total
36.14 1.0116 2.00
32 17 26 00 0002 Surface Applied VPC Truncated Dome Detectable Warning SurfaceIncludes surface preparation, adhesive, fasteners and sealant at perimeter. Also raised strips or directional bars. All colors.
17 $1,056.11SF
Installation =x x 1,056.11
FactorUnit PriceQuantity Total
52.20 1.0116 20.00
truncated domes per plan
32 31 13 13 0006 4" Diameter Hole, Auger By Machine Fence Post Hole In Soil18 $246.43VLF Installation =x x 246.43
FactorUnit PriceQuantity Total
11.60 1.0116 21.00
for new fence, gate posts, and sign posts
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Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Parking Lot
32 31 13 13 0023 4" Diameter, Concrete Fill For Post Hole19 $150.83VLF Installation =x x 150.83
FactorUnit PriceQuantity Total
7.10 1.0116 21.00
for new fence, gate posts, and sign posts
32 31 13 13 0144 3'-6" Galvanized Chain Link Fence, 9 Gauge Coiled Spring Mesh, Top And Bottom Rails, 2-1/2" Line Post At 10' On Center, 3" Corner Post 20 $474.95LF
Installation =x x 429.73
FactorUnit PriceQuantity Total
21.24 1.0116 20.00
Demolition x x = 45.22 2.98 1.0116 15.00
to remove existing fence
32 31 13 13 0144 0170 For Up To 100, Add21 $88.41MOD Installation =x x 88.41
FactorUnit PriceQuantity Total
4.37 1.0116 20.00
32 31 13 13 0266 3' Wide x 4' High Single Gate Galvanized Steel Without Barbed Wire22 $188.14EA Installation =x x 168.59
FactorUnit PriceQuantity Total
166.66 1.0116 1.00
Demolition x x = 19.54 19.32 1.0116 1.00
to remove existing gate and install new
$9,123.59Subtotal for Parking Lot
Unit 105
01 66 19 00 0056 Handling Material For Over 125' Per 9" x 48" x 48" Container Per 125' Segment23 $339.90EA Installation =x x 339.90
FactorUnit PriceQuantity Total
1.68 1.0116 200.00
for handling of debris and material from parking lot to unit 01 74 19 00 0016 40 CY Dumpster (5 Ton) "Construction Debris"Includes delivery of dumpster, rental cost, pick-up cost, hauling, and disposal fee. Non-hazardous material. 24 $2,033.23EA
Installation =x x 2,033.22
FactorUnit PriceQuantity Total
669.97 1.0116 3.00
for debris
01 95 06 00 0014 20" Wide Wood Shelving For Closets25 $309.63LF Installation =x x 309.63
FactorUnit PriceQuantity Total
38.26 1.0116 8.00
removal of existing and installation of new per plans
01 95 06 00 0095 11/16" x 3-1/4" Pine Casing26 $3,995.82LF Installation =x x 3,995.82
FactorUnit PriceQuantity Total
3.95 1.0116 1,000.00
baseboard and door casing for entire unit
01 95 08 00 0054 3'-0", Prehung 1-3/8" Primed, High Density Fiberboard Hardboard, Hollow Core, Six Panel Door And Frame
27 $403.67EA
Installation =x x 403.67
FactorUnit PriceQuantity Total
199.52 1.0116 2.00
removal of existing and installation of 2 new doors
01 95 08 00 0063 Interior Residential Grade Door Hinges28 $78.72PR Installation =x x 78.72
FactorUnit PriceQuantity Total
38.91 1.0116 2.00
removal of existing and installation of 2 new for doors
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Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 105
01 95 09 00 0003 Paint Entire Unit Complete Including DoorsIncludes doors, walls, moldings, kitchen, ceilings, etc. Includes preparation. Per SF of floor area. Combination semi-gloss and eggshell. Two coats paint or one coat primer and one coat paint.
29 $2,603.86GSF
Installation =x x 2,603.86
FactorUnit PriceQuantity Total
4.29 1.0116 600.00
prime and 2 coats paint entire unit
01 95 09 00 0003 0059 For Each Additional Coat, Add30 $2,804.16MOD Installation =x x 2,804.16
FactorUnit PriceQuantity Total
1.54 1.0116 1,800.00
01 95 11 00 0003 11.9 CF Top Freezer Refrigerator31 $780.96EA Installation =x x 780.96
FactorUnit PriceQuantity Total
772.00 1.0116 1.00
remove and replace existing fridge removed material for LI 01 95 22 00 0004 2 Piece Tank Type, Gravity Flush System, Floor Mounted, Floor Outlet, Elongated Vitreous China Water Closet (Kohler Highline® K-3999)Includes seat, wax ring, escutcheon, supply valve and line.
32 $548.88EA
Installation =x x 402.78
FactorUnit PriceQuantity Total
398.16 1.0116 1.00
Demolition x x = 146.11 144.43 1.0116 1.00
remove existing and replace with new toilet
01 95 22 00 0008 Faucet, Kohler (K-15182-P)33 $175.15EA Installation =x x 148.21
FactorUnit PriceQuantity Total
146.51 1.0116 1.00
Demolition x x = 26.94 26.63 1.0116 1.00
remove existing and replace with new bathroom faucet
01 95 22 00 0015 Pressure Balancing Shower Valve (Symmons BP-46-2-X)34 $184.68EA Installation =x x 145.70
FactorUnit PriceQuantity Total
144.03 1.0116 1.00
Demolition x x = 38.98 38.53 1.0116 1.00
remove existing and replace with new
01 95 22 00 0023 Wall Mount, Hand Shower Unit With Hose (Delta Faucet 62001 DS)35 $200.12EA Installation =x x 177.67
FactorUnit PriceQuantity Total
175.63 1.0116 1.00
Demolition x x = 22.46 22.20 1.0116 1.00
remove existing and replace with new
01 95 22 00 0039 25" x 22" x 6" Stainless Steel Kitchen Sink, Single Bowl, 22 Gauge (Elkay K125224)
36 $532.30EA
Installation =x x 454.60
FactorUnit PriceQuantity Total
449.39 1.0116 1.00
Demolition x x = 77.70 76.81 1.0116 1.00
remove existing and replace with new
01 95 22 00 0043 Kitchen Faucet, Polished Chrome (Kohler K-15171-P)37 $193.26EA Installation =x x 148.36
FactorUnit PriceQuantity Total
146.66 1.0116 1.00
Demolition x x = 44.89 44.38 1.0116 1.00
remove existing and replace with new
01 95 26 00 0003 10 AWG, 2 Conductor, Solid, Romex Copper Wire38 $3,706.50LF Installation =x x 2,581.60
FactorUnit PriceQuantity Total
3.19 1.0116 800.00
Demolition x x = 1,124.90 1.39 1.0116 800.00
for new outlets and electrical runs per palns
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Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 105
01 95 26 00 0042 AC Powered, Carbon Monoxide and Fire Alarm (Kidde 900-0114)39 $258.18EA Installation =x x 214.30
FactorUnit PriceQuantity Total
105.92 1.0116 2.00
Demolition x x = 43.88 21.69 1.0116 2.00
per plans
02 82 33 00 0047 >10 To 500 SF, Gypsum Wall Board, Asbestos Abatement And Disposal40 $2,913.41SF Installation =x x 2,913.41
FactorUnit PriceQuantity Total
12.00 1.0116 240.00
drywall abatement
02 82 33 00 0067 >10 To 500 SF, Spray On Acoustical Ceiling, Asbestos Abatement And Disposal
41 $5,550.04SF
Installation =x x 5,550.04
FactorUnit PriceQuantity Total
10.16 1.0116 540.00
ceiling abatement
02 89 00 00 0005 6 Mil Plastic Fire Retardant, Anti Static Sheeting, For Separation Barrier42 $246.83SF Installation =x x 246.83
FactorUnit PriceQuantity Total
0.61 1.0116 400.00
protection as part of abatement
02 89 00 00 0006 7' Zipper Door For Plastic Sheeting43 $32.17EA Installation =x x 32.17
FactorUnit PriceQuantity Total
15.90 1.0116 2.00
zippers for access through abatement protection
02 89 00 00 0019 6 Mil Plastic Fire Retardant, Anti Static Sheeting, Applied To Floors, Hazmat Containment Construction
44 $791.07SF
Installation =x x 791.07
FactorUnit PriceQuantity Total
0.46 1.0116 1,700.00
protection as part of abatement
02 89 00 00 0020 6 Mil Plastic Fire Retardant, Anti Static Retardant Sheeting, Applied To Walls, Hazmat Containment Construction
45 $895.27SF
Installation =x x 895.27
FactorUnit PriceQuantity Total
0.59 1.0116 1,500.00
protection as part of abatement
02 89 00 00 0023 Portable Personnel Decontamination Wash Facility (3 Stage)Includes connection to negative air system.
46 $596.14EA
Installation =x x 596.14
FactorUnit PriceQuantity Total
589.30 1.0116 1.00
protection as part of abatement
03 54 16 00 0002 1/8" Thick Self Leveling Cementitious Underlayment For Floors Including Surface Preparation
47 $1,294.85SF
Installation =x x 1,294.85
FactorUnit PriceQuantity Total
1.60 1.0116 800.00
level existing flooring
06 11 16 00 0061 2" x 4" Wood Wall Framing At 16" On Center48 $1,097.59SF Installation =x x 763.76
FactorUnit PriceQuantity Total
1.51 1.0116 500.00
Demolition x x = 333.83 0.66 1.0116 500.00
for new walls installed
06 11 16 00 0061 0004 For >200 To 500, Add49 $126.45MOD Installation =x x 126.45
FactorUnit PriceQuantity Total
0.25 1.0116 500.00
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Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 105
06 41 13 00 0112 15" x 30" Wall Cabinet50 $127.69EA Installation =x x 127.69
FactorUnit PriceQuantity Total
126.23 1.0116 1.00
installation of new
06 41 13 00 0112 0068 For Custom Deluxe Grade, Add51 $37.10MOD Installation =x x 37.10
FactorUnit PriceQuantity Total
36.67 1.0116 1.00
06 41 13 00 0115 24" x 30" Wall Cabinet52 $105.13EA Installation =x x 0.00
FactorUnit PriceQuantity Total
150.60 1.0116 0.00
Demolition x x = 105.13 25.98 1.0116 4.00
removal of existing
06 41 13 00 0115 0067 For Deluxe Grade, Add53 $159.67MOD Installation =x x 159.67
FactorUnit PriceQuantity Total
39.46 1.0116 4.00
06 41 13 00 0117 27" x 30" Wall Cabinet54 $329.64EA Installation =x x 329.64
FactorUnit PriceQuantity Total
162.93 1.0116 2.00
installation of new
06 41 13 00 0117 0068 For Custom Deluxe Grade, Add55 $100.33MOD Installation =x x 100.33
FactorUnit PriceQuantity Total
49.59 1.0116 2.00
06 41 13 00 0135 30" x 12" x 46-1/2" Microwave Cabinet56 $324.10EA Installation =x x 324.10
FactorUnit PriceQuantity Total
320.38 1.0116 1.00
installation of new
06 41 13 00 0135 0068 For Custom Deluxe Grade, Add57 $106.51MOD Installation =x x 106.51
FactorUnit PriceQuantity Total
105.29 1.0116 1.00
06 41 13 00 0154 24" x 15" Wall Cabinet58 $105.13EA Installation =x x 0.00
FactorUnit PriceQuantity Total
120.99 1.0116 0.00
Demolition x x = 105.13 25.98 1.0116 4.00
removal of existing
06 41 13 00 0154 0067 For Deluxe Grade, Add59 $111.76MOD Installation =x x 111.76
FactorUnit PriceQuantity Total
27.62 1.0116 4.00
06 41 13 00 0205 15" Base Cabinet60 $161.07EA
Installation =x x 161.07
FactorUnit PriceQuantity Total
159.22 1.0116 1.00
installation of new
06 41 13 00 0205 0068 For Custom Deluxe Grade, Add61 $48.67MOD Installation =x x 48.67
FactorUnit PriceQuantity Total
48.11 1.0116 1.00
06 41 13 00 0215 42" Base Cabinet62 $44.49EA
Installation =x x 0.00
FactorUnit PriceQuantity Total
275.36 1.0116 0.00
Demolition x x = 44.49 43.98 1.0116 1.00
removal of existing
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Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 105
06 41 13 00 0215 0067 For Deluxe Grade, Add63 $75.85MOD Installation =x x 75.85
FactorUnit PriceQuantity Total
74.98 1.0116 1.00
06 41 13 00 0298 27" x 12" x 84" Broom Cabinet64 $367.62EA Installation =x x 367.62
FactorUnit PriceQuantity Total
363.40 1.0116 1.00
installation of new
06 41 13 00 0298 0068 For Custom Deluxe Grade, Add65 $125.46MOD Installation =x x 125.46
FactorUnit PriceQuantity Total
124.02 1.0116 1.00
06 41 13 00 0307 33" x 24" x 84" Universal Oven Cabinet66 $38.99EA Installation =x x 0.00
FactorUnit PriceQuantity Total
496.33 1.0116 0.00
Demolition x x = 38.99 38.54 1.0116 1.00
removal of existing
06 41 13 00 0307 0067 For Deluxe Grade, Add67 $169.66MOD Installation =x x 169.66
FactorUnit PriceQuantity Total
167.71 1.0116 1.00
08 71 23 00 0008 3-1/2" x 3-1/2" Standard Duty, Full Mortise, Ball Bearing, Brass/Bronze, Satin Chrome Finish Hinge
68 $148.26PR
Installation =x x 136.38
FactorUnit PriceQuantity Total
67.41 1.0116 2.00
Demolition x x = 11.88 5.87 1.0116 2.00
hinges for doors
08 71 23 00 2298 Bath/Bedroom Privacy F37 Pre-Assembled LocksetLocked with push button inside.
69 $1,260.07EA
Installation =x x 1,217.68
FactorUnit PriceQuantity Total
601.86 1.0116 2.00
Demolition x x = 42.39 20.95 1.0116 2.00
for new doors
09 23 13 00 0022 Smooth Finish Three Coats Gypsum Plaster On Walls70 $4,404.51SF Installation =x x 4,404.51
FactorUnit PriceQuantity Total
6.22 1.0116 700.00
finish drywall
09 29 00 00 0006 5/8" Gypsum Board71 $970.12SF
Installation =x x 970.12
FactorUnit PriceQuantity Total
1.37 1.0116 700.00
New drywall per plans
09 29 00 00 0070 Spray Applied Orange Peel Finish On Existing Gypsum Board Wall72 $226.60SF Installation =x x 226.60
FactorUnit PriceQuantity Total
0.32 1.0116 700.00
texture to match surrounding
09 29 00 00 0074 Corner Bead, Galvanized Steel For Gypsum Board73 $233.07LF Installation =x x 233.07
FactorUnit PriceQuantity Total
2.88 1.0116 80.00
corner beads for drywall
09 29 00 00 0074 0012 For Up To 100, Add74 $15.38MOD Installation =x x 15.38
FactorUnit PriceQuantity Total
0.19 1.0116 80.00
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Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 105
09 65 23 00 0004 0.16" Overall Thickness, 0.020" Wear Layer, Vinyl Plank Flooring (Armstrong® Luxe Plank™)
75 $5,147.02SF
Installation =x x 5,147.02
FactorUnit PriceQuantity Total
6.36 1.0116 800.00
new vinyl plank flooring in entire unit
10 28 13 13 0131 24" Length, 1-1/4" Diameter, Stainless Steel Grab Bar (Bobrick B-5806x24)76 $287.03EA Installation =x x 236.17
FactorUnit PriceQuantity Total
77.82 1.0116 3.00
Demolition x x = 50.86 16.76 1.0116 3.00
grab bars for rear of toilet and in shower
10 28 13 13 0135 48" Length, 1-1/4" Diameter, Stainless Steel Grab Bar (Bobrick B-5806x48)77 $102.36EA Installation =x x 85.41
FactorUnit PriceQuantity Total
84.43 1.0116 1.00
Demolition x x = 16.95 16.76 1.0116 1.00
grab bar for side of toilet
10 28 13 13 0189 Stainless Steel Shower Curtain Hook (Bobrick B-204-1)78 $47.34EA Installation =x x 34.75
FactorUnit PriceQuantity Total
2.29 1.0116 15.00
Demolition x x = 12.59 0.83 1.0116 15.00
Shower curtain hooks
10 28 16 13 0017 20” x 30" Recessed Steel Medicine Cabinet With Mirror, Nutone 49579 $359.24EA Installation =x x 210.89
FactorUnit PriceQuantity Total
208.47 1.0116 1.00
Demolition x x = 148.35 29.33 1.0116 5.00
remove exisitng and replace with new
10 28 16 13 0026 Shower Curtain Rod, Polished Chrome80 $221.19EA Installation =x x 83.46
FactorUnit PriceQuantity Total
82.50 1.0116 1.00
Demolition x x = 137.73 27.23 1.0116 5.00
remove existing and replace with new
11 30 13 13 0087 Removal And Reinstallation Of Stove/Range81 $221.08EA Installation =x x 221.08
FactorUnit PriceQuantity Total
218.54 1.0116 1.00
remove, store and reinstall existing oven
12 36 61 16 0003 1/4" Solid Polyester (Corian) Backsplash, Group B ColorsQuantity based on area of backsplash. Excludes backing material such as cement or water resistant gypsum board.
82 $583.29SF
Installation =x x 583.29
FactorUnit PriceQuantity Total
28.83 1.0116 20.00
backsplash for kitchen countertops
12 36 61 16 0003 0021 For Up To 50, Add83 $189.78MOD Installation =x x 189.78
FactorUnit PriceQuantity Total
9.38 1.0116 20.00
12 36 61 16 0004 1/2" Solid Polyester (Corian) Countertop, Group B ColorsQuantity based on area of counter, backsplash and apron. Includes drilling holes for fixtures and 1-1/2" drop edge with 1/8" radius edges (when apron not used). 84 $1,898.57SF
Installation =x x 1,898.57
FactorUnit PriceQuantity Total
46.92 1.0116 40.00
new countertops for kitchen
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Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 105
12 36 61 16 0004 0021 For Up To 50, Add85 $606.96MOD Installation =x x 606.96
FactorUnit PriceQuantity Total
15.00 1.0116 40.00
12 36 61 16 0004 0026 For Each LF Of Half Round Edge, Add86 $323.71MOD Installation =x x 323.71
FactorUnit PriceQuantity Total
8.00 1.0116 40.00
12 36 61 16 0004 0029 For Each Sink, Range Or Vanity Cutout, Add87 $15.17MOD Installation =x x 15.17
FactorUnit PriceQuantity Total
15.00 1.0116 1.00
12 36 61 16 0004 0040 For >2.25 To 3 SF Integral Single Basin Kitchen Sink, AddSingle or double bowl.
88 $344.39MOD
Installation =x x 344.39
FactorUnit PriceQuantity Total
340.44 1.0116 1.00
21 13 13 00 0003 Exposed Piping, Light Hazard, Complete Wet-Pipe Sprinkler System, Per HeadIncludes branch pipe and fittings, supports and sprinkler heads. 89 $916.84EA
Installation =x x 916.84
FactorUnit PriceQuantity Total
302.11 1.0116 3.00
new sprinkler system installed as needed
21 13 13 00 0003 0004 For Up To 5, Add90 $431.00MOD Installation =x x 431.00
FactorUnit PriceQuantity Total
142.02 1.0116 3.00
22 01 40 81 0005 Single Bowl Sink/Lavatory Drain Line Replacement91 $65.11EA Installation =x x 65.11
FactorUnit PriceQuantity Total
32.18 1.0116 2.00
for kitchen and bathroom sinks
22 11 16 00 0878 3/4" Inside Diameter Copper Pipe/Tubing Type L AssemblyIncludes all hangers and couplings, elbow, tee, reducer fittings. All hangers are complete assemblies. Not for use where detail is available.
92 $1,951.38LF
Installation =x x 1,951.38
FactorUnit PriceQuantity Total
19.29 1.0116 100.00
for all water lines. Additional length due to inflated costs 22 13 13 00 0062 Countertop Kitchen Sink, Double Fixture Rough-In, Polyvinyl Chloride (PVC) Waste And Vent PipeIncludes polyvinyl chloride (PVC) waste and vent pipe and copper domestic supply. Excludes fixtures and faucets. 93 $697.54EA
Installation =x x 697.54
FactorUnit PriceQuantity Total
344.77 1.0116 2.00
one for kitchen sink and one for bathroom sink
22 13 16 00 0508 3" Schedule 40 Polyvinyl Chloride (PVC) DWV Pipe AssemblyIncludes all fittings, couplings and hangers. Fittings are assumed every 10'. Not for use where detail is available.
94 $1,218.47LF
Installation =x x 1,218.47
FactorUnit PriceQuantity Total
24.09 1.0116 50.00
vent piping Additional length due to inflated costs
22 13 16 00 0509 4" Schedule 40 Polyvinyl Chloride (PVC) DWV Pipe AssemblyIncludes all fittings, couplings and hangers. Fittings are assumed every 10'. Not for use where detail is available.
95 $1,372.24LF
Installation =x x 1,372.24
FactorUnit PriceQuantity Total
27.13 1.0116 50.00
drain piping Additional length due to inflated costs
11/10/2021
Contractor's Price Proposal - Detail
83 Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 105
22 41 39 00 0013 Single Lever Handle, Chrome Bath And Shower, Pressure Balanced/Anti-Scald Valve (American Standard T675.502)
96 $215.72EA
Installation =x x 179.85
FactorUnit PriceQuantity Total
177.79 1.0116 1.00
Demolition x x = 35.87 35.46 1.0116 1.00
remove existing and replace with new shower/batg valve
22 42 23 00 0011 40" x 48" x 82" Handicapped, Solid Plastic Shower Enclosure (General Partitions)
97 $5,062.44EA
Installation =x x 4,929.12
FactorUnit PriceQuantity Total
2,436.30 1.0116 2.00
Demolition x x = 133.32 131.79 1.0116 1.00
remove existing and install new shower. additional quantities due to added costs currently 22 42 23 00 0081 Polyvinyl Chloride (PVC) Shower Pan Liner98 $96.14SF Installation =x x 96.14
FactorUnit PriceQuantity Total
2.97 1.0116 32.00
pan liner for new shower
26 01 20 91 0002 Lock Out/Tag Out Local Disconnect99 $175.78EA Installation =x x 175.78
FactorUnit PriceQuantity Total
21.72 1.0116 8.00
LOTO of existing circuits
26 09 23 00 0109 Wall Switch Replacement Occupancy Sensor, Single GangIncludes integral occupancy sensor and relay.
100 $167.30EA
Installation =x x 167.30
FactorUnit PriceQuantity Total
82.69 1.0116 2.00
per plans
26 27 26 00 0009 1 Gang, 20 Amp, GFI, Duplex Receptacle Assembly101 $1,181.85EA Installation =x x 848.43
FactorUnit PriceQuantity Total
83.87 1.0116 10.00
Demolition x x = 333.42 32.96 1.0116 10.00
New outlets for bathroom and kitchen
26 27 26 00 0038 50 Amp, NEMA 15-50, Single Receptacle, 250 Volt, 3 Phase102 $106.16EA Installation =x x 86.42
FactorUnit PriceQuantity Total
85.43 1.0116 1.00
Demolition x x = 19.74 19.51 1.0116 1.00
for stove
26 27 26 00 0138 1 Gang, 20 Amp, 120/277 Volt, SPST, Switch Assembly103 $882.60EA Installation =x x 615.86
FactorUnit PriceQuantity Total
76.10 1.0116 8.00
Demolition x x = 266.74 32.96 1.0116 8.00
switches in bathroom and kitchen
26 51 13 00 0421 1,500 Lumens, 6" Diameter, Recessed LED Downlight With Open Trim (Lightolier C6L1520DL)
104 $4,476.43EA
Installation =x x 4,090.40
FactorUnit PriceQuantity Total
404.35 1.0116 10.00
Demolition x x = 386.03 38.16 1.0116 10.00
new LED recessed lighting per plans
26 51 13 00 0458 2,200 Lumens, 9" Diameter, Wall Mount LED Cylinder Downlight With Semi-Specular Trim (Gotham® EVO® CLED9)
105 $488.20EA
Installation =x x 450.82
FactorUnit PriceQuantity Total
445.65 1.0116 1.00
Demolition x x = 37.38 36.95 1.0116 1.00
for bathroom
11/10/2021
Contractor's Price Proposal - Detail
84 Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
$72,342.01Subtotal for Unit 105
Unit 106
01 66 19 00 0056 Handling Material For Over 125' Per 9" x 48" x 48" Container Per 125' Segment106 $339.90EA Installation =x x 339.90
FactorUnit PriceQuantity Total
1.68 1.0116 200.00
for handling of debris and material from parking lot to unit 01 74 19 00 0016 40 CY Dumpster (5 Ton) "Construction Debris"Includes delivery of dumpster, rental cost, pick-up cost, hauling, and disposal fee. Non-hazardous material. 107 $2,033.23EA
Installation =x x 2,033.22
FactorUnit PriceQuantity Total
669.97 1.0116 3.00
for debris
01 95 06 00 0014 20" Wide Wood Shelving For Closets108 $309.63LF Installation =x x 309.63
FactorUnit PriceQuantity Total
38.26 1.0116 8.00
removal of existing and installation of new per plans
01 95 06 00 0095 11/16" x 3-1/4" Pine Casing109 $3,995.82LF Installation =x x 3,995.82
FactorUnit PriceQuantity Total
3.95 1.0116 1,000.00
baseboard and door casing for entire unit
01 95 08 00 0054 3'-0", Prehung 1-3/8" Primed, High Density Fiberboard Hardboard, Hollow Core, Six Panel Door And Frame
110 $403.67EA
Installation =x x 403.67
FactorUnit PriceQuantity Total
199.52 1.0116 2.00
removal of existing and installation of 2 new doors
01 95 08 00 0063 Interior Residential Grade Door Hinges111 $78.72PR Installation =x x 78.72
FactorUnit PriceQuantity Total
38.91 1.0116 2.00
removal of existing and installation of 2 new for doors 01 95 09 00 0003 Paint Entire Unit Complete Including DoorsIncludes doors, walls, moldings, kitchen, ceilings, etc. Includes preparation. Per SF of floor area. Combination semi-gloss and eggshell. Two coats paint or one coat primer and one coat paint.
112 $2,603.86GSF
Installation =x x 2,603.86
FactorUnit PriceQuantity Total
4.29 1.0116 600.00
prime and 2 coats paint entire unit
01 95 09 00 0003 0059 For Each Additional Coat, Add113 $2,804.16MOD Installation =x x 2,804.16
FactorUnit PriceQuantity Total
1.54 1.0116 1,800.00
01 95 11 00 0003 11.9 CF Top Freezer Refrigerator114 $780.96EA Installation =x x 780.96
FactorUnit PriceQuantity Total
772.00 1.0116 1.00
remove and replace existing fridge removed material for LI 01 95 22 00 0004 2 Piece Tank Type, Gravity Flush System, Floor Mounted, Floor Outlet, Elongated Vitreous China Water Closet (Kohler Highline® K-3999)Includes seat, wax ring, escutcheon, supply valve and line.
115 $548.88EA
Installation =x x 402.78
FactorUnit PriceQuantity Total
398.16 1.0116 1.00
Demolition x x = 146.11 144.43 1.0116 1.00
remove existing and replace with new toilet
11/10/2021
Contractor's Price Proposal - Detail
85 Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 106
01 95 22 00 0008 Faucet, Kohler (K-15182-P)116 $175.15EA Installation =x x 148.21
FactorUnit PriceQuantity Total
146.51 1.0116 1.00
Demolition x x = 26.94 26.63 1.0116 1.00
remove existing and replace with new bathroom faucet
01 95 22 00 0015 Pressure Balancing Shower Valve (Symmons BP-46-2-X)117 $184.68EA Installation =x x 145.70
FactorUnit PriceQuantity Total
144.03 1.0116 1.00
Demolition x x = 38.98 38.53 1.0116 1.00
remove existing and replace with new
01 95 22 00 0023 Wall Mount, Hand Shower Unit With Hose (Delta Faucet 62001 DS)118 $200.12EA Installation =x x 177.67
FactorUnit PriceQuantity Total
175.63 1.0116 1.00
Demolition x x = 22.46 22.20 1.0116 1.00
remove existing and replace with new
01 95 22 00 0039 25" x 22" x 6" Stainless Steel Kitchen Sink, Single Bowl, 22 Gauge (Elkay K125224)
119 $532.30EA
Installation =x x 454.60
FactorUnit PriceQuantity Total
449.39 1.0116 1.00
Demolition x x = 77.70 76.81 1.0116 1.00
remove existing and replace with new
01 95 22 00 0043 Kitchen Faucet, Polished Chrome (Kohler K-15171-P)120 $193.26EA Installation =x x 148.36
FactorUnit PriceQuantity Total
146.66 1.0116 1.00
Demolition x x = 44.89 44.38 1.0116 1.00
remove existing and replace with new
01 95 26 00 0003 10 AWG, 2 Conductor, Solid, Romex Copper Wire121 $3,706.50LF Installation =x x 2,581.60
FactorUnit PriceQuantity Total
3.19 1.0116 800.00
Demolition x x = 1,124.90 1.39 1.0116 800.00
for new outlets and electrical runs per palns
01 95 26 00 0042 AC Powered, Carbon Monoxide and Fire Alarm (Kidde 900-0114)122 $258.18EA Installation =x x 214.30
FactorUnit PriceQuantity Total
105.92 1.0116 2.00
Demolition x x = 43.88 21.69 1.0116 2.00
per plans
02 82 33 00 0047 >10 To 500 SF, Gypsum Wall Board, Asbestos Abatement And Disposal123 $2,913.41SF Installation =x x 2,913.41
FactorUnit PriceQuantity Total
12.00 1.0116 240.00
drywall abatement
02 82 33 00 0067 >10 To 500 SF, Spray On Acoustical Ceiling, Asbestos Abatement And Disposal
124 $5,550.04SF
Installation =x x 5,550.04
FactorUnit PriceQuantity Total
10.16 1.0116 540.00
ceiling abatement
02 89 00 00 0005 6 Mil Plastic Fire Retardant, Anti Static Sheeting, For Separation Barrier125 $246.83SF Installation =x x 246.83
FactorUnit PriceQuantity Total
0.61 1.0116 400.00
protection as part of abatement
11/10/2021
Contractor's Price Proposal - Detail
86 Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 106
02 89 00 00 0006 7' Zipper Door For Plastic Sheeting126 $32.17EA Installation =x x 32.17
FactorUnit PriceQuantity Total
15.90 1.0116 2.00
zippers for access through abatement protection
02 89 00 00 0019 6 Mil Plastic Fire Retardant, Anti Static Sheeting, Applied To Floors, Hazmat Containment Construction
127 $791.07SF
Installation =x x 791.07
FactorUnit PriceQuantity Total
0.46 1.0116 1,700.00
protection as part of abatement
02 89 00 00 0020 6 Mil Plastic Fire Retardant, Anti Static Retardant Sheeting, Applied To Walls, Hazmat Containment Construction
128 $895.27SF
Installation =x x 895.27
FactorUnit PriceQuantity Total
0.59 1.0116 1,500.00
protection as part of abatement
02 89 00 00 0023 Portable Personnel Decontamination Wash Facility (3 Stage)Includes connection to negative air system.
129 $596.14EA
Installation =x x 596.14
FactorUnit PriceQuantity Total
589.30 1.0116 1.00
protection as part of abatement
03 54 16 00 0002 1/8" Thick Self Leveling Cementitious Underlayment For Floors Including Surface Preparation
130 $1,294.85SF
Installation =x x 1,294.85
FactorUnit PriceQuantity Total
1.60 1.0116 800.00
level existing flooring
06 11 16 00 0061 2" x 4" Wood Wall Framing At 16" On Center131 $1,097.59SF Installation =x x 763.76
FactorUnit PriceQuantity Total
1.51 1.0116 500.00
Demolition x x = 333.83 0.66 1.0116 500.00
for new walls installed
06 11 16 00 0061 0004 For >200 To 500, Add132 $126.45MOD Installation =x x 126.45
FactorUnit PriceQuantity Total
0.25 1.0116 500.00
06 41 13 00 0112 15" x 30" Wall Cabinet133 $127.69EA Installation =x x 127.69
FactorUnit PriceQuantity Total
126.23 1.0116 1.00
installation of new
06 41 13 00 0112 0068 For Custom Deluxe Grade, Add134 $37.10MOD Installation =x x 37.10
FactorUnit PriceQuantity Total
36.67 1.0116 1.00
06 41 13 00 0115 24" x 30" Wall Cabinet135 $105.13EA Installation =x x 0.00
FactorUnit PriceQuantity Total
150.60 1.0116 0.00
Demolition x x = 105.13 25.98 1.0116 4.00
removal of existing
06 41 13 00 0115 0067 For Deluxe Grade, Add136 $159.67MOD Installation =x x 159.67
FactorUnit PriceQuantity Total
39.46 1.0116 4.00
11/10/2021
Contractor's Price Proposal - Detail
87 Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 106
06 41 13 00 0117 27" x 30" Wall Cabinet137 $329.64EA Installation =x x 329.64
FactorUnit PriceQuantity Total
162.93 1.0116 2.00
installation of new
06 41 13 00 0117 0068 For Custom Deluxe Grade, Add138 $100.33MOD Installation =x x 100.33
FactorUnit PriceQuantity Total
49.59 1.0116 2.00
06 41 13 00 0135 30" x 12" x 46-1/2" Microwave Cabinet139 $324.10EA Installation =x x 324.10
FactorUnit PriceQuantity Total
320.38 1.0116 1.00
installation of new
06 41 13 00 0135 0068 For Custom Deluxe Grade, Add140 $106.51MOD Installation =x x 106.51
FactorUnit PriceQuantity Total
105.29 1.0116 1.00
06 41 13 00 0154 24" x 15" Wall Cabinet141 $105.13EA Installation =x x 0.00
FactorUnit PriceQuantity Total
120.99 1.0116 0.00
Demolition x x = 105.13 25.98 1.0116 4.00
removal of existing
06 41 13 00 0154 0067 For Deluxe Grade, Add142 $111.76MOD Installation =x x 111.76
FactorUnit PriceQuantity Total
27.62 1.0116 4.00
06 41 13 00 0205 15" Base Cabinet143 $161.07EA
Installation =x x 161.07
FactorUnit PriceQuantity Total
159.22 1.0116 1.00
installation of new
06 41 13 00 0205 0068 For Custom Deluxe Grade, Add144 $48.67MOD Installation =x x 48.67
FactorUnit PriceQuantity Total
48.11 1.0116 1.00
06 41 13 00 0215 42" Base Cabinet145 $44.49EA
Installation =x x 0.00
FactorUnit PriceQuantity Total
275.36 1.0116 0.00
Demolition x x = 44.49 43.98 1.0116 1.00
removal of existing
06 41 13 00 0215 0067 For Deluxe Grade, Add146 $75.85MOD Installation =x x 75.85
FactorUnit PriceQuantity Total
74.98 1.0116 1.00
06 41 13 00 0298 27" x 12" x 84" Broom Cabinet147 $367.62EA Installation =x x 367.62
FactorUnit PriceQuantity Total
363.40 1.0116 1.00
installation of new
06 41 13 00 0298 0068 For Custom Deluxe Grade, Add148 $125.46MOD Installation =x x 125.46
FactorUnit PriceQuantity Total
124.02 1.0116 1.00
06 41 13 00 0307 33" x 24" x 84" Universal Oven Cabinet149 $38.99EA Installation =x x 0.00
FactorUnit PriceQuantity Total
496.33 1.0116 0.00
Demolition x x = 38.99 38.54 1.0116 1.00
removal of existing
11/10/2021
Contractor's Price Proposal - Detail
88 Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 106
06 41 13 00 0307 0067 For Deluxe Grade, Add150 $169.66MOD Installation =x x 169.66
FactorUnit PriceQuantity Total
167.71 1.0116 1.00
08 71 23 00 0008 3-1/2" x 3-1/2" Standard Duty, Full Mortise, Ball Bearing, Brass/Bronze, Satin Chrome Finish Hinge
151 $148.26PR
Installation =x x 136.38
FactorUnit PriceQuantity Total
67.41 1.0116 2.00
Demolition x x = 11.88 5.87 1.0116 2.00
hinges for doors
08 71 23 00 2298 Bath/Bedroom Privacy F37 Pre-Assembled LocksetLocked with push button inside.
152 $1,260.07EA
Installation =x x 1,217.68
FactorUnit PriceQuantity Total
601.86 1.0116 2.00
Demolition x x = 42.39 20.95 1.0116 2.00
for new doors
09 23 13 00 0022 Smooth Finish Three Coats Gypsum Plaster On Walls153 $4,404.51SF Installation =x x 4,404.51
FactorUnit PriceQuantity Total
6.22 1.0116 700.00
finish drywall
09 29 00 00 0006 5/8" Gypsum Board154 $970.12SF
Installation =x x 970.12
FactorUnit PriceQuantity Total
1.37 1.0116 700.00
New drywall per plans
09 29 00 00 0070 Spray Applied Orange Peel Finish On Existing Gypsum Board Wall155 $226.60SF Installation =x x 226.60
FactorUnit PriceQuantity Total
0.32 1.0116 700.00
texture to match surrounding
09 29 00 00 0074 Corner Bead, Galvanized Steel For Gypsum Board156 $233.07LF Installation =x x 233.07
FactorUnit PriceQuantity Total
2.88 1.0116 80.00
corner beads for drywall
09 29 00 00 0074 0012 For Up To 100, Add157 $15.38MOD Installation =x x 15.38
FactorUnit PriceQuantity Total
0.19 1.0116 80.00
09 65 23 00 0004 0.16" Overall Thickness, 0.020" Wear Layer, Vinyl Plank Flooring (Armstrong® Luxe Plank™)
158 $5,147.02SF
Installation =x x 5,147.02
FactorUnit PriceQuantity Total
6.36 1.0116 800.00
new vinyl plank flooring in entire unit
10 28 13 13 0131 24" Length, 1-1/4" Diameter, Stainless Steel Grab Bar (Bobrick B-5806x24)159 $287.03EA Installation =x x 236.17
FactorUnit PriceQuantity Total
77.82 1.0116 3.00
Demolition x x = 50.86 16.76 1.0116 3.00
grab bars for rear of toilet and in shower
10 28 13 13 0135 48" Length, 1-1/4" Diameter, Stainless Steel Grab Bar (Bobrick B-5806x48)160 $102.36EA Installation =x x 85.41
FactorUnit PriceQuantity Total
84.43 1.0116 1.00
Demolition x x = 16.95 16.76 1.0116 1.00
grab bar for side of toilet
11/10/2021
Contractor's Price Proposal - Detail
89 Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 106
10 28 13 13 0189 Stainless Steel Shower Curtain Hook (Bobrick B-204-1)161 $47.34EA Installation =x x 34.75
FactorUnit PriceQuantity Total
2.29 1.0116 15.00
Demolition x x = 12.59 0.83 1.0116 15.00
Shower curtain hooks
10 28 16 13 0017 20” x 30" Recessed Steel Medicine Cabinet With Mirror, Nutone 495162 $359.24EA Installation =x x 210.89
FactorUnit PriceQuantity Total
208.47 1.0116 1.00
Demolition x x = 148.35 29.33 1.0116 5.00
remove exisitng and replace with new
10 28 16 13 0026 Shower Curtain Rod, Polished Chrome163 $221.19EA Installation =x x 83.46
FactorUnit PriceQuantity Total
82.50 1.0116 1.00
Demolition x x = 137.73 27.23 1.0116 5.00
remove existing and replace with new
11 30 13 13 0087 Removal And Reinstallation Of Stove/Range164 $221.08EA Installation =x x 221.08
FactorUnit PriceQuantity Total
218.54 1.0116 1.00
remove, store and reinstall existing oven
12 36 61 16 0003 1/4" Solid Polyester (Corian) Backsplash, Group B ColorsQuantity based on area of backsplash. Excludes backing material such as cement or water resistant gypsum board.
165 $583.29SF
Installation =x x 583.29
FactorUnit PriceQuantity Total
28.83 1.0116 20.00
backsplash for kitchen countertops
12 36 61 16 0003 0021 For Up To 50, Add166 $189.78MOD Installation =x x 189.78
FactorUnit PriceQuantity Total
9.38 1.0116 20.00
12 36 61 16 0004 1/2" Solid Polyester (Corian) Countertop, Group B ColorsQuantity based on area of counter, backsplash and apron. Includes drilling holes for fixtures and 1-1/2" drop edge with 1/8" radius edges (when apron not used). 167 $1,898.57SF
Installation =x x 1,898.57
FactorUnit PriceQuantity Total
46.92 1.0116 40.00
new countertops for kitchen
12 36 61 16 0004 0021 For Up To 50, Add168 $606.96MOD Installation =x x 606.96
FactorUnit PriceQuantity Total
15.00 1.0116 40.00
12 36 61 16 0004 0026 For Each LF Of Half Round Edge, Add169 $323.71MOD Installation =x x 323.71
FactorUnit PriceQuantity Total
8.00 1.0116 40.00
12 36 61 16 0004 0029 For Each Sink, Range Or Vanity Cutout, Add170 $15.17MOD Installation =x x 15.17
FactorUnit PriceQuantity Total
15.00 1.0116 1.00
12 36 61 16 0004 0040 For >2.25 To 3 SF Integral Single Basin Kitchen Sink, AddSingle or double bowl.
171 $344.39MOD
Installation =x x 344.39
FactorUnit PriceQuantity Total
340.44 1.0116 1.00
11/10/2021
Contractor's Price Proposal - Detail
90 Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 106
21 13 13 00 0003 Exposed Piping, Light Hazard, Complete Wet-Pipe Sprinkler System, Per HeadIncludes branch pipe and fittings, supports and sprinkler heads. 172 $916.84EA
Installation =x x 916.84
FactorUnit PriceQuantity Total
302.11 1.0116 3.00
new sprinkler system installed as needed
21 13 13 00 0003 0004 For Up To 5, Add173 $431.00MOD Installation =x x 431.00
FactorUnit PriceQuantity Total
142.02 1.0116 3.00
22 01 40 81 0005 Single Bowl Sink/Lavatory Drain Line Replacement174 $65.11EA Installation =x x 65.11
FactorUnit PriceQuantity Total
32.18 1.0116 2.00
for kitchen and bathroom sinks
22 11 16 00 0878 3/4" Inside Diameter Copper Pipe/Tubing Type L AssemblyIncludes all hangers and couplings, elbow, tee, reducer fittings. All hangers are complete assemblies. Not for use where detail is available.
175 $1,951.38LF
Installation =x x 1,951.38
FactorUnit PriceQuantity Total
19.29 1.0116 100.00
for all water lines. Additional length due to inflated costs 22 13 13 00 0062 Countertop Kitchen Sink, Double Fixture Rough-In, Polyvinyl Chloride (PVC) Waste And Vent PipeIncludes polyvinyl chloride (PVC) waste and vent pipe and copper domestic supply. Excludes fixtures and faucets. 176 $697.54EA
Installation =x x 697.54
FactorUnit PriceQuantity Total
344.77 1.0116 2.00
one for kitchen sink and one for bathroom sink
22 13 16 00 0508 3" Schedule 40 Polyvinyl Chloride (PVC) DWV Pipe AssemblyIncludes all fittings, couplings and hangers. Fittings are assumed every 10'. Not for use where detail is available.
177 $1,218.47LF
Installation =x x 1,218.47
FactorUnit PriceQuantity Total
24.09 1.0116 50.00
vent piping Additional length due to inflated costs
22 13 16 00 0509 4" Schedule 40 Polyvinyl Chloride (PVC) DWV Pipe AssemblyIncludes all fittings, couplings and hangers. Fittings are assumed every 10'. Not for use where detail is available.
178 $1,372.24LF
Installation =x x 1,372.24
FactorUnit PriceQuantity Total
27.13 1.0116 50.00
drain piping Additional length due to inflated costs
22 41 39 00 0013 Single Lever Handle, Chrome Bath And Shower, Pressure Balanced/Anti-Scald Valve (American Standard T675.502)
179 $215.72EA
Installation =x x 179.85
FactorUnit PriceQuantity Total
177.79 1.0116 1.00
Demolition x x = 35.87 35.46 1.0116 1.00
remove existing and replace with new shower/batg valve
22 42 23 00 0011 40" x 48" x 82" Handicapped, Solid Plastic Shower Enclosure (General Partitions)
180 $5,062.44EA
Installation =x x 4,929.12
FactorUnit PriceQuantity Total
2,436.30 1.0116 2.00
Demolition x x = 133.32 131.79 1.0116 1.00
remove existing and install new shower. additional quantities due to added costs currently 22 42 23 00 0081 Polyvinyl Chloride (PVC) Shower Pan Liner181 $96.14SF Installation =x x 96.14
FactorUnit PriceQuantity Total
2.97 1.0116 32.00
pan liner for new shower
11/10/2021
Contractor's Price Proposal - Detail
91 Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 106
26 01 20 91 0002 Lock Out/Tag Out Local Disconnect182 $175.78EA Installation =x x 175.78
FactorUnit PriceQuantity Total
21.72 1.0116 8.00
LOTO of existing circuits
26 09 23 00 0109 Wall Switch Replacement Occupancy Sensor, Single GangIncludes integral occupancy sensor and relay.
183 $167.30EA
Installation =x x 167.30
FactorUnit PriceQuantity Total
82.69 1.0116 2.00
per plans
26 27 26 00 0009 1 Gang, 20 Amp, GFI, Duplex Receptacle Assembly184 $1,181.85EA Installation =x x 848.43
FactorUnit PriceQuantity Total
83.87 1.0116 10.00
Demolition x x = 333.42 32.96 1.0116 10.00
New outlets for bathroom and kitchen
26 27 26 00 0038 50 Amp, NEMA 15-50, Single Receptacle, 250 Volt, 3 Phase185 $106.16EA Installation =x x 86.42
FactorUnit PriceQuantity Total
85.43 1.0116 1.00
Demolition x x = 19.74 19.51 1.0116 1.00
for stove
26 27 26 00 0138 1 Gang, 20 Amp, 120/277 Volt, SPST, Switch Assembly186 $882.60EA Installation =x x 615.86
FactorUnit PriceQuantity Total
76.10 1.0116 8.00
Demolition x x = 266.74 32.96 1.0116 8.00
switches in bathroom and kitchen
26 51 13 00 0421 1,500 Lumens, 6" Diameter, Recessed LED Downlight With Open Trim (Lightolier C6L1520DL)
187 $4,476.43EA
Installation =x x 4,090.40
FactorUnit PriceQuantity Total
404.35 1.0116 10.00
Demolition x x = 386.03 38.16 1.0116 10.00
new LED recessed lighting per plans
26 51 13 00 0458 2,200 Lumens, 9" Diameter, Wall Mount LED Cylinder Downlight With Semi-Specular Trim (Gotham® EVO® CLED9)
188 $488.20EA
Installation =x x 450.82
FactorUnit PriceQuantity Total
445.65 1.0116 1.00
Demolition x x = 37.38 36.95 1.0116 1.00
for bathroom
$72,342.01Subtotal for Unit 106
Unit 107
01 66 19 00 0056 Handling Material For Over 125' Per 9" x 48" x 48" Container Per 125' Segment189 $339.90EA Installation =x x 339.90
FactorUnit PriceQuantity Total
1.68 1.0116 200.00
for handling of debris and material from parking lot to unit 01 74 19 00 0016 40 CY Dumpster (5 Ton) "Construction Debris"Includes delivery of dumpster, rental cost, pick-up cost, hauling, and disposal fee. Non-hazardous material. 190 $2,033.23EA
Installation =x x 2,033.22
FactorUnit PriceQuantity Total
669.97 1.0116 3.00
for debris
11/10/2021
Contractor's Price Proposal - Detail
92 Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 107
01 95 06 00 0014 20" Wide Wood Shelving For Closets191 $309.63LF Installation =x x 309.63
FactorUnit PriceQuantity Total
38.26 1.0116 8.00
removal of existing and installation of new per plans
01 95 06 00 0095 11/16" x 3-1/4" Pine Casing192 $3,995.82LF Installation =x x 3,995.82
FactorUnit PriceQuantity Total
3.95 1.0116 1,000.00
baseboard and door casing for entire unit
01 95 08 00 0054 3'-0", Prehung 1-3/8" Primed, High Density Fiberboard Hardboard, Hollow Core, Six Panel Door And Frame
193 $403.67EA
Installation =x x 403.67
FactorUnit PriceQuantity Total
199.52 1.0116 2.00
removal of existing and installation of 2 new doors
01 95 08 00 0063 Interior Residential Grade Door Hinges194 $78.72PR Installation =x x 78.72
FactorUnit PriceQuantity Total
38.91 1.0116 2.00
removal of existing and installation of 2 new for doors 01 95 09 00 0003 Paint Entire Unit Complete Including DoorsIncludes doors, walls, moldings, kitchen, ceilings, etc. Includes preparation. Per SF of floor area. Combination semi-gloss and eggshell. Two coats paint or one coat primer and one coat paint.
195 $2,603.86GSF
Installation =x x 2,603.86
FactorUnit PriceQuantity Total
4.29 1.0116 600.00
prime and 2 coats paint entire unit
01 95 09 00 0003 0059 For Each Additional Coat, Add196 $2,804.16MOD Installation =x x 2,804.16
FactorUnit PriceQuantity Total
1.54 1.0116 1,800.00
01 95 11 00 0003 11.9 CF Top Freezer Refrigerator197 $780.96EA Installation =x x 780.96
FactorUnit PriceQuantity Total
772.00 1.0116 1.00
remove and replace existing fridge removed material for LI 01 95 22 00 0004 2 Piece Tank Type, Gravity Flush System, Floor Mounted, Floor Outlet, Elongated Vitreous China Water Closet (Kohler Highline® K-3999)Includes seat, wax ring, escutcheon, supply valve and line.
198 $548.88EA
Installation =x x 402.78
FactorUnit PriceQuantity Total
398.16 1.0116 1.00
Demolition x x = 146.11 144.43 1.0116 1.00
remove existing and replace with new toilet
01 95 22 00 0008 Faucet, Kohler (K-15182-P)199 $175.15EA Installation =x x 148.21
FactorUnit PriceQuantity Total
146.51 1.0116 1.00
Demolition x x = 26.94 26.63 1.0116 1.00
remove existing and replace with new bathroom faucet
01 95 22 00 0015 Pressure Balancing Shower Valve (Symmons BP-46-2-X)200 $184.68EA Installation =x x 145.70
FactorUnit PriceQuantity Total
144.03 1.0116 1.00
Demolition x x = 38.98 38.53 1.0116 1.00
remove existing and replace with new
11/10/2021
Contractor's Price Proposal - Detail
93 Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 107
01 95 22 00 0023 Wall Mount, Hand Shower Unit With Hose (Delta Faucet 62001 DS)201 $200.12EA Installation =x x 177.67
FactorUnit PriceQuantity Total
175.63 1.0116 1.00
Demolition x x = 22.46 22.20 1.0116 1.00
remove existing and replace with new
01 95 22 00 0039 25" x 22" x 6" Stainless Steel Kitchen Sink, Single Bowl, 22 Gauge (Elkay K125224)
202 $532.30EA
Installation =x x 454.60
FactorUnit PriceQuantity Total
449.39 1.0116 1.00
Demolition x x = 77.70 76.81 1.0116 1.00
remove existing and replace with new
01 95 22 00 0043 Kitchen Faucet, Polished Chrome (Kohler K-15171-P)203 $193.26EA Installation =x x 148.36
FactorUnit PriceQuantity Total
146.66 1.0116 1.00
Demolition x x = 44.89 44.38 1.0116 1.00
remove existing and replace with new
01 95 26 00 0003 10 AWG, 2 Conductor, Solid, Romex Copper Wire204 $3,706.50LF Installation =x x 2,581.60
FactorUnit PriceQuantity Total
3.19 1.0116 800.00
Demolition x x = 1,124.90 1.39 1.0116 800.00
for new outlets and electrical runs per palns
01 95 26 00 0042 AC Powered, Carbon Monoxide and Fire Alarm (Kidde 900-0114)205 $258.18EA Installation =x x 214.30
FactorUnit PriceQuantity Total
105.92 1.0116 2.00
Demolition x x = 43.88 21.69 1.0116 2.00
per plans
02 82 33 00 0047 >10 To 500 SF, Gypsum Wall Board, Asbestos Abatement And Disposal206 $2,913.41SF Installation =x x 2,913.41
FactorUnit PriceQuantity Total
12.00 1.0116 240.00
drywall abatement
02 82 33 00 0067 >10 To 500 SF, Spray On Acoustical Ceiling, Asbestos Abatement And Disposal
207 $5,550.04SF
Installation =x x 5,550.04
FactorUnit PriceQuantity Total
10.16 1.0116 540.00
ceiling abatement
02 89 00 00 0005 6 Mil Plastic Fire Retardant, Anti Static Sheeting, For Separation Barrier208 $246.83SF Installation =x x 246.83
FactorUnit PriceQuantity Total
0.61 1.0116 400.00
protection as part of abatement
02 89 00 00 0006 7' Zipper Door For Plastic Sheeting209 $32.17EA Installation =x x 32.17
FactorUnit PriceQuantity Total
15.90 1.0116 2.00
zippers for access through abatement protection
02 89 00 00 0019 6 Mil Plastic Fire Retardant, Anti Static Sheeting, Applied To Floors, Hazmat Containment Construction
210 $791.07SF
Installation =x x 791.07
FactorUnit PriceQuantity Total
0.46 1.0116 1,700.00
protection as part of abatement
11/10/2021
Contractor's Price Proposal - Detail
94 Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 107
02 89 00 00 0020 6 Mil Plastic Fire Retardant, Anti Static Retardant Sheeting, Applied To Walls, Hazmat Containment Construction
211 $895.27SF
Installation =x x 895.27
FactorUnit PriceQuantity Total
0.59 1.0116 1,500.00
protection as part of abatement
02 89 00 00 0023 Portable Personnel Decontamination Wash Facility (3 Stage)Includes connection to negative air system.
212 $596.14EA
Installation =x x 596.14
FactorUnit PriceQuantity Total
589.30 1.0116 1.00
protection as part of abatement
03 54 16 00 0002 1/8" Thick Self Leveling Cementitious Underlayment For Floors Including Surface Preparation
213 $1,294.85SF
Installation =x x 1,294.85
FactorUnit PriceQuantity Total
1.60 1.0116 800.00
level existing flooring
06 11 16 00 0061 2" x 4" Wood Wall Framing At 16" On Center214 $1,097.59SF Installation =x x 763.76
FactorUnit PriceQuantity Total
1.51 1.0116 500.00
Demolition x x = 333.83 0.66 1.0116 500.00
for new walls installed
06 11 16 00 0061 0004 For >200 To 500, Add215 $126.45MOD Installation =x x 126.45
FactorUnit PriceQuantity Total
0.25 1.0116 500.00
06 41 13 00 0112 15" x 30" Wall Cabinet216 $127.69EA Installation =x x 127.69
FactorUnit PriceQuantity Total
126.23 1.0116 1.00
installation of new
06 41 13 00 0112 0068 For Custom Deluxe Grade, Add217 $37.10MOD Installation =x x 37.10
FactorUnit PriceQuantity Total
36.67 1.0116 1.00
06 41 13 00 0115 24" x 30" Wall Cabinet218 $105.13EA Installation =x x 0.00
FactorUnit PriceQuantity Total
150.60 1.0116 0.00
Demolition x x = 105.13 25.98 1.0116 4.00
removal of existing
06 41 13 00 0115 0067 For Deluxe Grade, Add219 $159.67MOD Installation =x x 159.67
FactorUnit PriceQuantity Total
39.46 1.0116 4.00
06 41 13 00 0117 27" x 30" Wall Cabinet220 $329.64EA Installation =x x 329.64
FactorUnit PriceQuantity Total
162.93 1.0116 2.00
installation of new
06 41 13 00 0117 0068 For Custom Deluxe Grade, Add221 $100.33MOD Installation =x x 100.33
FactorUnit PriceQuantity Total
49.59 1.0116 2.00
06 41 13 00 0135 30" x 12" x 46-1/2" Microwave Cabinet222 $324.10EA Installation =x x 324.10
FactorUnit PriceQuantity Total
320.38 1.0116 1.00
installation of new
11/10/2021
Contractor's Price Proposal - Detail
95 Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 107
06 41 13 00 0135 0068 For Custom Deluxe Grade, Add223 $106.51MOD Installation =x x 106.51
FactorUnit PriceQuantity Total
105.29 1.0116 1.00
06 41 13 00 0154 24" x 15" Wall Cabinet224 $105.13EA Installation =x x 0.00
FactorUnit PriceQuantity Total
120.99 1.0116 0.00
Demolition x x = 105.13 25.98 1.0116 4.00
removal of existing
06 41 13 00 0154 0067 For Deluxe Grade, Add225 $111.76MOD Installation =x x 111.76
FactorUnit PriceQuantity Total
27.62 1.0116 4.00
06 41 13 00 0205 15" Base Cabinet226 $161.07EA
Installation =x x 161.07
FactorUnit PriceQuantity Total
159.22 1.0116 1.00
installation of new
06 41 13 00 0205 0068 For Custom Deluxe Grade, Add227 $48.67MOD Installation =x x 48.67
FactorUnit PriceQuantity Total
48.11 1.0116 1.00
06 41 13 00 0215 42" Base Cabinet228 $44.49EA
Installation =x x 0.00
FactorUnit PriceQuantity Total
275.36 1.0116 0.00
Demolition x x = 44.49 43.98 1.0116 1.00
removal of existing
06 41 13 00 0215 0067 For Deluxe Grade, Add229 $75.85MOD Installation =x x 75.85
FactorUnit PriceQuantity Total
74.98 1.0116 1.00
06 41 13 00 0298 27" x 12" x 84" Broom Cabinet230 $367.62EA Installation =x x 367.62
FactorUnit PriceQuantity Total
363.40 1.0116 1.00
installation of new
06 41 13 00 0298 0068 For Custom Deluxe Grade, Add231 $125.46MOD Installation =x x 125.46
FactorUnit PriceQuantity Total
124.02 1.0116 1.00
06 41 13 00 0307 33" x 24" x 84" Universal Oven Cabinet232 $38.99EA Installation =x x 0.00
FactorUnit PriceQuantity Total
496.33 1.0116 0.00
Demolition x x = 38.99 38.54 1.0116 1.00
removal of existing
06 41 13 00 0307 0067 For Deluxe Grade, Add233 $169.66MOD Installation =x x 169.66
FactorUnit PriceQuantity Total
167.71 1.0116 1.00
08 71 23 00 0008 3-1/2" x 3-1/2" Standard Duty, Full Mortise, Ball Bearing, Brass/Bronze, Satin Chrome Finish Hinge
234 $148.26PR
Installation =x x 136.38
FactorUnit PriceQuantity Total
67.41 1.0116 2.00
Demolition x x = 11.88 5.87 1.0116 2.00
hinges for doors
11/10/2021
Contractor's Price Proposal - Detail
96 Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 107
08 71 23 00 2298 Bath/Bedroom Privacy F37 Pre-Assembled LocksetLocked with push button inside.
235 $1,260.07EA
Installation =x x 1,217.68
FactorUnit PriceQuantity Total
601.86 1.0116 2.00
Demolition x x = 42.39 20.95 1.0116 2.00
for new doors
09 23 13 00 0022 Smooth Finish Three Coats Gypsum Plaster On Walls236 $4,404.51SF Installation =x x 4,404.51
FactorUnit PriceQuantity Total
6.22 1.0116 700.00
finish drywall
09 29 00 00 0006 5/8" Gypsum Board237 $970.12SF
Installation =x x 970.12
FactorUnit PriceQuantity Total
1.37 1.0116 700.00
New drywall per plans
09 29 00 00 0070 Spray Applied Orange Peel Finish On Existing Gypsum Board Wall238 $226.60SF Installation =x x 226.60
FactorUnit PriceQuantity Total
0.32 1.0116 700.00
texture to match surrounding
09 29 00 00 0074 Corner Bead, Galvanized Steel For Gypsum Board239 $233.07LF Installation =x x 233.07
FactorUnit PriceQuantity Total
2.88 1.0116 80.00
corner beads for drywall
09 29 00 00 0074 0012 For Up To 100, Add240 $15.38MOD Installation =x x 15.38
FactorUnit PriceQuantity Total
0.19 1.0116 80.00
09 65 23 00 0004 0.16" Overall Thickness, 0.020" Wear Layer, Vinyl Plank Flooring (Armstrong® Luxe Plank™)
241 $5,147.02SF
Installation =x x 5,147.02
FactorUnit PriceQuantity Total
6.36 1.0116 800.00
new vinyl plank flooring in entire unit
10 28 13 13 0131 24" Length, 1-1/4" Diameter, Stainless Steel Grab Bar (Bobrick B-5806x24)242 $287.03EA Installation =x x 236.17
FactorUnit PriceQuantity Total
77.82 1.0116 3.00
Demolition x x = 50.86 16.76 1.0116 3.00
grab bars for rear of toilet and in shower
10 28 13 13 0135 48" Length, 1-1/4" Diameter, Stainless Steel Grab Bar (Bobrick B-5806x48)243 $102.36EA Installation =x x 85.41
FactorUnit PriceQuantity Total
84.43 1.0116 1.00
Demolition x x = 16.95 16.76 1.0116 1.00
grab bar for side of toilet
10 28 13 13 0189 Stainless Steel Shower Curtain Hook (Bobrick B-204-1)244 $47.34EA Installation =x x 34.75
FactorUnit PriceQuantity Total
2.29 1.0116 15.00
Demolition x x = 12.59 0.83 1.0116 15.00
Shower curtain hooks
10 28 16 13 0017 20” x 30" Recessed Steel Medicine Cabinet With Mirror, Nutone 495245 $359.24EA Installation =x x 210.89
FactorUnit PriceQuantity Total
208.47 1.0116 1.00
Demolition x x = 148.35 29.33 1.0116 5.00
remove exisitng and replace with new
11/10/2021
Contractor's Price Proposal - Detail
97 Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 107
10 28 16 13 0026 Shower Curtain Rod, Polished Chrome246 $221.19EA Installation =x x 83.46
FactorUnit PriceQuantity Total
82.50 1.0116 1.00
Demolition x x = 137.73 27.23 1.0116 5.00
remove existing and replace with new
11 30 13 13 0087 Removal And Reinstallation Of Stove/Range247 $221.08EA Installation =x x 221.08
FactorUnit PriceQuantity Total
218.54 1.0116 1.00
remove, store and reinstall existing oven
12 36 61 16 0003 1/4" Solid Polyester (Corian) Backsplash, Group B ColorsQuantity based on area of backsplash. Excludes backing material such as cement or water resistant gypsum board.
248 $583.29SF
Installation =x x 583.29
FactorUnit PriceQuantity Total
28.83 1.0116 20.00
backsplash for kitchen countertops
12 36 61 16 0003 0021 For Up To 50, Add249 $189.78MOD Installation =x x 189.78
FactorUnit PriceQuantity Total
9.38 1.0116 20.00
12 36 61 16 0004 1/2" Solid Polyester (Corian) Countertop, Group B ColorsQuantity based on area of counter, backsplash and apron. Includes drilling holes for fixtures and 1-1/2" drop edge with 1/8" radius edges (when apron not used). 250 $1,898.57SF
Installation =x x 1,898.57
FactorUnit PriceQuantity Total
46.92 1.0116 40.00
new countertops for kitchen
12 36 61 16 0004 0021 For Up To 50, Add251 $606.96MOD Installation =x x 606.96
FactorUnit PriceQuantity Total
15.00 1.0116 40.00
12 36 61 16 0004 0026 For Each LF Of Half Round Edge, Add252 $323.71MOD Installation =x x 323.71
FactorUnit PriceQuantity Total
8.00 1.0116 40.00
12 36 61 16 0004 0029 For Each Sink, Range Or Vanity Cutout, Add253 $15.17MOD Installation =x x 15.17
FactorUnit PriceQuantity Total
15.00 1.0116 1.00
12 36 61 16 0004 0040 For >2.25 To 3 SF Integral Single Basin Kitchen Sink, AddSingle or double bowl.
254 $344.39MOD
Installation =x x 344.39
FactorUnit PriceQuantity Total
340.44 1.0116 1.00
21 13 13 00 0003 Exposed Piping, Light Hazard, Complete Wet-Pipe Sprinkler System, Per HeadIncludes branch pipe and fittings, supports and sprinkler heads. 255 $916.84EA
Installation =x x 916.84
FactorUnit PriceQuantity Total
302.11 1.0116 3.00
new sprinkler system installed as needed
21 13 13 00 0003 0004 For Up To 5, Add256 $431.00MOD Installation =x x 431.00
FactorUnit PriceQuantity Total
142.02 1.0116 3.00
22 01 40 81 0005 Single Bowl Sink/Lavatory Drain Line Replacement257 $65.11EA Installation =x x 65.11
FactorUnit PriceQuantity Total
32.18 1.0116 2.00
for kitchen and bathroom sinks
11/10/2021
Contractor's Price Proposal - Detail
98 Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 107
22 11 16 00 0878 3/4" Inside Diameter Copper Pipe/Tubing Type L AssemblyIncludes all hangers and couplings, elbow, tee, reducer fittings. All hangers are complete assemblies. Not for use where detail is available.
258 $1,951.38LF
Installation =x x 1,951.38
FactorUnit PriceQuantity Total
19.29 1.0116 100.00
for all water lines. Additional length due to inflated costs 22 13 13 00 0062 Countertop Kitchen Sink, Double Fixture Rough-In, Polyvinyl Chloride (PVC) Waste And Vent PipeIncludes polyvinyl chloride (PVC) waste and vent pipe and copper domestic supply. Excludes fixtures and faucets. 259 $697.54EA
Installation =x x 697.54
FactorUnit PriceQuantity Total
344.77 1.0116 2.00
one for kitchen sink and one for bathroom sink
22 13 16 00 0508 3" Schedule 40 Polyvinyl Chloride (PVC) DWV Pipe AssemblyIncludes all fittings, couplings and hangers. Fittings are assumed every 10'. Not for use where detail is available.
260 $1,218.47LF
Installation =x x 1,218.47
FactorUnit PriceQuantity Total
24.09 1.0116 50.00
vent piping Additional length due to inflated costs
22 13 16 00 0509 4" Schedule 40 Polyvinyl Chloride (PVC) DWV Pipe AssemblyIncludes all fittings, couplings and hangers. Fittings are assumed every 10'. Not for use where detail is available.
261 $1,372.24LF
Installation =x x 1,372.24
FactorUnit PriceQuantity Total
27.13 1.0116 50.00
drain piping Additional length due to inflated costs
22 41 39 00 0013 Single Lever Handle, Chrome Bath And Shower, Pressure Balanced/Anti-Scald Valve (American Standard T675.502)
262 $215.72EA
Installation =x x 179.85
FactorUnit PriceQuantity Total
177.79 1.0116 1.00
Demolition x x = 35.87 35.46 1.0116 1.00
remove existing and replace with new shower/batg valve
22 42 23 00 0011 40" x 48" x 82" Handicapped, Solid Plastic Shower Enclosure (General Partitions)
263 $5,062.44EA
Installation =x x 4,929.12
FactorUnit PriceQuantity Total
2,436.30 1.0116 2.00
Demolition x x = 133.32 131.79 1.0116 1.00
remove existing and install new shower. additional quantities due to added costs currently 22 42 23 00 0081 Polyvinyl Chloride (PVC) Shower Pan Liner264 $96.14SF Installation =x x 96.14
FactorUnit PriceQuantity Total
2.97 1.0116 32.00
pan liner for new shower
26 01 20 91 0002 Lock Out/Tag Out Local Disconnect265 $175.78EA Installation =x x 175.78
FactorUnit PriceQuantity Total
21.72 1.0116 8.00
LOTO of existing circuits
26 09 23 00 0109 Wall Switch Replacement Occupancy Sensor, Single GangIncludes integral occupancy sensor and relay.
266 $167.30EA
Installation =x x 167.30
FactorUnit PriceQuantity Total
82.69 1.0116 2.00
per plans
11/10/2021
Contractor's Price Proposal - Detail
99 Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 107
26 27 26 00 0009 1 Gang, 20 Amp, GFI, Duplex Receptacle Assembly267 $1,181.85EA Installation =x x 848.43
FactorUnit PriceQuantity Total
83.87 1.0116 10.00
Demolition x x = 333.42 32.96 1.0116 10.00
New outlets for bathroom and kitchen
26 27 26 00 0038 50 Amp, NEMA 15-50, Single Receptacle, 250 Volt, 3 Phase268 $106.16EA Installation =x x 86.42
FactorUnit PriceQuantity Total
85.43 1.0116 1.00
Demolition x x = 19.74 19.51 1.0116 1.00
for stove
26 27 26 00 0138 1 Gang, 20 Amp, 120/277 Volt, SPST, Switch Assembly269 $882.60EA Installation =x x 615.86
FactorUnit PriceQuantity Total
76.10 1.0116 8.00
Demolition x x = 266.74 32.96 1.0116 8.00
switches in bathroom and kitchen
26 51 13 00 0421 1,500 Lumens, 6" Diameter, Recessed LED Downlight With Open Trim (Lightolier C6L1520DL)
270 $4,476.43EA
Installation =x x 4,090.40
FactorUnit PriceQuantity Total
404.35 1.0116 10.00
Demolition x x = 386.03 38.16 1.0116 10.00
new LED recessed lighting per plans
26 51 13 00 0458 2,200 Lumens, 9" Diameter, Wall Mount LED Cylinder Downlight With Semi-Specular Trim (Gotham® EVO® CLED9)
271 $488.20EA
Installation =x x 450.82
FactorUnit PriceQuantity Total
445.65 1.0116 1.00
Demolition x x = 37.38 36.95 1.0116 1.00
for bathroom
$72,342.02Subtotal for Unit 107
Unit 108
01 66 19 00 0056 Handling Material For Over 125' Per 9" x 48" x 48" Container Per 125' Segment272 $339.90EA Installation =x x 339.90
FactorUnit PriceQuantity Total
1.68 1.0116 200.00
for handling of debris and material from parking lot to unit 01 74 19 00 0016 40 CY Dumpster (5 Ton) "Construction Debris"Includes delivery of dumpster, rental cost, pick-up cost, hauling, and disposal fee. Non-hazardous material. 273 $2,033.23EA
Installation =x x 2,033.22
FactorUnit PriceQuantity Total
669.97 1.0116 3.00
for debris
01 95 06 00 0014 20" Wide Wood Shelving For Closets274 $309.63LF Installation =x x 309.63
FactorUnit PriceQuantity Total
38.26 1.0116 8.00
removal of existing and installation of new per plans
01 95 06 00 0095 11/16" x 3-1/4" Pine Casing275 $3,995.82LF Installation =x x 3,995.82
FactorUnit PriceQuantity Total
3.95 1.0116 1,000.00
baseboard and door casing for entire unit
11/10/2021
Contractor's Price Proposal - Detail
100
Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 108
01 95 08 00 0054 3'-0", Prehung 1-3/8" Primed, High Density Fiberboard Hardboard, Hollow Core, Six Panel Door And Frame
276 $403.67EA
Installation =x x 403.67
FactorUnit PriceQuantity Total
199.52 1.0116 2.00
removal of existing and installation of 2 new doors
01 95 08 00 0063 Interior Residential Grade Door Hinges277 $78.72PR Installation =x x 78.72
FactorUnit PriceQuantity Total
38.91 1.0116 2.00
removal of existing and installation of 2 new for doors 01 95 09 00 0003 Paint Entire Unit Complete Including DoorsIncludes doors, walls, moldings, kitchen, ceilings, etc. Includes preparation. Per SF of floor area. Combination semi-gloss and eggshell. Two coats paint or one coat primer and one coat paint.
278 $2,603.86GSF
Installation =x x 2,603.86
FactorUnit PriceQuantity Total
4.29 1.0116 600.00
prime and 2 coats paint entire unit
01 95 09 00 0003 0059 For Each Additional Coat, Add279 $2,804.16MOD Installation =x x 2,804.16
FactorUnit PriceQuantity Total
1.54 1.0116 1,800.00
01 95 11 00 0003 11.9 CF Top Freezer Refrigerator280 $780.96EA Installation =x x 780.96
FactorUnit PriceQuantity Total
772.00 1.0116 1.00
remove and replace existing fridge removed material for LI 01 95 22 00 0004 2 Piece Tank Type, Gravity Flush System, Floor Mounted, Floor Outlet, Elongated Vitreous China Water Closet (Kohler Highline® K-3999)Includes seat, wax ring, escutcheon, supply valve and line.
281 $548.88EA
Installation =x x 402.78
FactorUnit PriceQuantity Total
398.16 1.0116 1.00
Demolition x x = 146.11 144.43 1.0116 1.00
remove existing and replace with new toilet
01 95 22 00 0008 Faucet, Kohler (K-15182-P)282 $175.15EA Installation =x x 148.21
FactorUnit PriceQuantity Total
146.51 1.0116 1.00
Demolition x x = 26.94 26.63 1.0116 1.00
remove existing and replace with new bathroom faucet
01 95 22 00 0015 Pressure Balancing Shower Valve (Symmons BP-46-2-X)283 $184.68EA Installation =x x 145.70
FactorUnit PriceQuantity Total
144.03 1.0116 1.00
Demolition x x = 38.98 38.53 1.0116 1.00
remove existing and replace with new
01 95 22 00 0023 Wall Mount, Hand Shower Unit With Hose (Delta Faucet 62001 DS)284 $200.12EA Installation =x x 177.67
FactorUnit PriceQuantity Total
175.63 1.0116 1.00
Demolition x x = 22.46 22.20 1.0116 1.00
remove existing and replace with new
01 95 22 00 0039 25" x 22" x 6" Stainless Steel Kitchen Sink, Single Bowl, 22 Gauge (Elkay K125224)
285 $532.30EA
Installation =x x 454.60
FactorUnit PriceQuantity Total
449.39 1.0116 1.00
Demolition x x = 77.70 76.81 1.0116 1.00
remove existing and replace with new
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Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 108
01 95 22 00 0043 Kitchen Faucet, Polished Chrome (Kohler K-15171-P)286 $193.26EA Installation =x x 148.36
FactorUnit PriceQuantity Total
146.66 1.0116 1.00
Demolition x x = 44.89 44.38 1.0116 1.00
remove existing and replace with new
01 95 26 00 0003 10 AWG, 2 Conductor, Solid, Romex Copper Wire287 $3,706.50LF Installation =x x 2,581.60
FactorUnit PriceQuantity Total
3.19 1.0116 800.00
Demolition x x = 1,124.90 1.39 1.0116 800.00
for new outlets and electrical runs per palns
01 95 26 00 0042 AC Powered, Carbon Monoxide and Fire Alarm (Kidde 900-0114)288 $258.18EA Installation =x x 214.30
FactorUnit PriceQuantity Total
105.92 1.0116 2.00
Demolition x x = 43.88 21.69 1.0116 2.00
per plans
02 82 33 00 0047 >10 To 500 SF, Gypsum Wall Board, Asbestos Abatement And Disposal289 $2,913.41SF Installation =x x 2,913.41
FactorUnit PriceQuantity Total
12.00 1.0116 240.00
drywall abatement
02 82 33 00 0067 >10 To 500 SF, Spray On Acoustical Ceiling, Asbestos Abatement And Disposal
290 $5,550.04SF
Installation =x x 5,550.04
FactorUnit PriceQuantity Total
10.16 1.0116 540.00
ceiling abatement
02 89 00 00 0005 6 Mil Plastic Fire Retardant, Anti Static Sheeting, For Separation Barrier291 $246.83SF Installation =x x 246.83
FactorUnit PriceQuantity Total
0.61 1.0116 400.00
protection as part of abatement
02 89 00 00 0006 7' Zipper Door For Plastic Sheeting292 $32.17EA Installation =x x 32.17
FactorUnit PriceQuantity Total
15.90 1.0116 2.00
zippers for access through abatement protection
02 89 00 00 0019 6 Mil Plastic Fire Retardant, Anti Static Sheeting, Applied To Floors, Hazmat Containment Construction
293 $791.07SF
Installation =x x 791.07
FactorUnit PriceQuantity Total
0.46 1.0116 1,700.00
protection as part of abatement
02 89 00 00 0020 6 Mil Plastic Fire Retardant, Anti Static Retardant Sheeting, Applied To Walls, Hazmat Containment Construction
294 $895.27SF
Installation =x x 895.27
FactorUnit PriceQuantity Total
0.59 1.0116 1,500.00
protection as part of abatement
02 89 00 00 0023 Portable Personnel Decontamination Wash Facility (3 Stage)Includes connection to negative air system.
295 $596.14EA
Installation =x x 596.14
FactorUnit PriceQuantity Total
589.30 1.0116 1.00
protection as part of abatement
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Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 108
03 54 16 00 0002 1/8" Thick Self Leveling Cementitious Underlayment For Floors Including Surface Preparation
296 $1,294.85SF
Installation =x x 1,294.85
FactorUnit PriceQuantity Total
1.60 1.0116 800.00
level existing flooring
06 11 16 00 0061 2" x 4" Wood Wall Framing At 16" On Center297 $1,097.59SF Installation =x x 763.76
FactorUnit PriceQuantity Total
1.51 1.0116 500.00
Demolition x x = 333.83 0.66 1.0116 500.00
for new walls installed
06 11 16 00 0061 0004 For >200 To 500, Add298 $126.45MOD Installation =x x 126.45
FactorUnit PriceQuantity Total
0.25 1.0116 500.00
06 41 13 00 0112 15" x 30" Wall Cabinet299 $127.69EA Installation =x x 127.69
FactorUnit PriceQuantity Total
126.23 1.0116 1.00
installation of new
06 41 13 00 0112 0068 For Custom Deluxe Grade, Add300 $37.10MOD Installation =x x 37.10
FactorUnit PriceQuantity Total
36.67 1.0116 1.00
06 41 13 00 0115 24" x 30" Wall Cabinet301 $105.13EA Installation =x x 0.00
FactorUnit PriceQuantity Total
150.60 1.0116 0.00
Demolition x x = 105.13 25.98 1.0116 4.00
removal of existing
06 41 13 00 0115 0067 For Deluxe Grade, Add302 $159.67MOD Installation =x x 159.67
FactorUnit PriceQuantity Total
39.46 1.0116 4.00
06 41 13 00 0117 27" x 30" Wall Cabinet303 $329.64EA Installation =x x 329.64
FactorUnit PriceQuantity Total
162.93 1.0116 2.00
installation of new
06 41 13 00 0117 0068 For Custom Deluxe Grade, Add304 $100.33MOD Installation =x x 100.33
FactorUnit PriceQuantity Total
49.59 1.0116 2.00
06 41 13 00 0135 30" x 12" x 46-1/2" Microwave Cabinet305 $324.10EA Installation =x x 324.10
FactorUnit PriceQuantity Total
320.38 1.0116 1.00
installation of new
06 41 13 00 0135 0068 For Custom Deluxe Grade, Add306 $106.51MOD Installation =x x 106.51
FactorUnit PriceQuantity Total
105.29 1.0116 1.00
06 41 13 00 0154 24" x 15" Wall Cabinet307 $105.13EA Installation =x x 0.00
FactorUnit PriceQuantity Total
120.99 1.0116 0.00
Demolition x x = 105.13 25.98 1.0116 4.00
removal of existing
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Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 108
06 41 13 00 0154 0067 For Deluxe Grade, Add308 $111.76MOD Installation =x x 111.76
FactorUnit PriceQuantity Total
27.62 1.0116 4.00
06 41 13 00 0205 15" Base Cabinet309 $161.07EA
Installation =x x 161.07
FactorUnit PriceQuantity Total
159.22 1.0116 1.00
installation of new
06 41 13 00 0205 0068 For Custom Deluxe Grade, Add310 $48.67MOD Installation =x x 48.67
FactorUnit PriceQuantity Total
48.11 1.0116 1.00
06 41 13 00 0215 42" Base Cabinet311 $44.49EA
Installation =x x 0.00
FactorUnit PriceQuantity Total
275.36 1.0116 0.00
Demolition x x = 44.49 43.98 1.0116 1.00
removal of existing
06 41 13 00 0215 0067 For Deluxe Grade, Add312 $75.85MOD Installation =x x 75.85
FactorUnit PriceQuantity Total
74.98 1.0116 1.00
06 41 13 00 0298 27" x 12" x 84" Broom Cabinet313 $367.62EA Installation =x x 367.62
FactorUnit PriceQuantity Total
363.40 1.0116 1.00
installation of new
06 41 13 00 0298 0068 For Custom Deluxe Grade, Add314 $125.46MOD Installation =x x 125.46
FactorUnit PriceQuantity Total
124.02 1.0116 1.00
06 41 13 00 0307 33" x 24" x 84" Universal Oven Cabinet315 $38.99EA Installation =x x 0.00
FactorUnit PriceQuantity Total
496.33 1.0116 0.00
Demolition x x = 38.99 38.54 1.0116 1.00
removal of existing
06 41 13 00 0307 0067 For Deluxe Grade, Add316 $169.66MOD Installation =x x 169.66
FactorUnit PriceQuantity Total
167.71 1.0116 1.00
08 71 23 00 0008 3-1/2" x 3-1/2" Standard Duty, Full Mortise, Ball Bearing, Brass/Bronze, Satin Chrome Finish Hinge
317 $148.26PR
Installation =x x 136.38
FactorUnit PriceQuantity Total
67.41 1.0116 2.00
Demolition x x = 11.88 5.87 1.0116 2.00
hinges for doors
08 71 23 00 2298 Bath/Bedroom Privacy F37 Pre-Assembled LocksetLocked with push button inside.
318 $1,260.07EA
Installation =x x 1,217.68
FactorUnit PriceQuantity Total
601.86 1.0116 2.00
Demolition x x = 42.39 20.95 1.0116 2.00
for new doors
09 23 13 00 0022 Smooth Finish Three Coats Gypsum Plaster On Walls319 $4,404.51SF Installation =x x 4,404.51
FactorUnit PriceQuantity Total
6.22 1.0116 700.00
finish drywall
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Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 108
09 29 00 00 0006 5/8" Gypsum Board320 $970.12SF
Installation =x x 970.12
FactorUnit PriceQuantity Total
1.37 1.0116 700.00
New drywall per plans
09 29 00 00 0070 Spray Applied Orange Peel Finish On Existing Gypsum Board Wall321 $226.60SF Installation =x x 226.60
FactorUnit PriceQuantity Total
0.32 1.0116 700.00
texture to match surrounding
09 29 00 00 0074 Corner Bead, Galvanized Steel For Gypsum Board322 $233.07LF Installation =x x 233.07
FactorUnit PriceQuantity Total
2.88 1.0116 80.00
corner beads for drywall
09 29 00 00 0074 0012 For Up To 100, Add323 $15.38MOD Installation =x x 15.38
FactorUnit PriceQuantity Total
0.19 1.0116 80.00
09 65 23 00 0004 0.16" Overall Thickness, 0.020" Wear Layer, Vinyl Plank Flooring (Armstrong® Luxe Plank™)
324 $5,147.02SF
Installation =x x 5,147.02
FactorUnit PriceQuantity Total
6.36 1.0116 800.00
new vinyl plank flooring in entire unit
10 28 13 13 0131 24" Length, 1-1/4" Diameter, Stainless Steel Grab Bar (Bobrick B-5806x24)325 $287.03EA Installation =x x 236.17
FactorUnit PriceQuantity Total
77.82 1.0116 3.00
Demolition x x = 50.86 16.76 1.0116 3.00
grab bars for rear of toilet and in shower
10 28 13 13 0135 48" Length, 1-1/4" Diameter, Stainless Steel Grab Bar (Bobrick B-5806x48)326 $102.36EA Installation =x x 85.41
FactorUnit PriceQuantity Total
84.43 1.0116 1.00
Demolition x x = 16.95 16.76 1.0116 1.00
grab bar for side of toilet
10 28 13 13 0189 Stainless Steel Shower Curtain Hook (Bobrick B-204-1)327 $47.34EA Installation =x x 34.75
FactorUnit PriceQuantity Total
2.29 1.0116 15.00
Demolition x x = 12.59 0.83 1.0116 15.00
Shower curtain hooks
10 28 16 13 0017 20” x 30" Recessed Steel Medicine Cabinet With Mirror, Nutone 495328 $359.24EA Installation =x x 210.89
FactorUnit PriceQuantity Total
208.47 1.0116 1.00
Demolition x x = 148.35 29.33 1.0116 5.00
remove exisitng and replace with new
10 28 16 13 0026 Shower Curtain Rod, Polished Chrome329 $221.19EA Installation =x x 83.46
FactorUnit PriceQuantity Total
82.50 1.0116 1.00
Demolition x x = 137.73 27.23 1.0116 5.00
remove existing and replace with new
11 30 13 13 0087 Removal And Reinstallation Of Stove/Range330 $221.08EA Installation =x x 221.08
FactorUnit PriceQuantity Total
218.54 1.0116 1.00
remove, store and reinstall existing oven
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Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 108
12 36 61 16 0003 1/4" Solid Polyester (Corian) Backsplash, Group B ColorsQuantity based on area of backsplash. Excludes backing material such as cement or water resistant gypsum board.
331 $583.29SF
Installation =x x 583.29
FactorUnit PriceQuantity Total
28.83 1.0116 20.00
backsplash for kitchen countertops
12 36 61 16 0003 0021 For Up To 50, Add332 $189.78MOD Installation =x x 189.78
FactorUnit PriceQuantity Total
9.38 1.0116 20.00
12 36 61 16 0004 1/2" Solid Polyester (Corian) Countertop, Group B ColorsQuantity based on area of counter, backsplash and apron. Includes drilling holes for fixtures and 1-1/2" drop edge with 1/8" radius edges (when apron not used). 333 $1,898.57SF
Installation =x x 1,898.57
FactorUnit PriceQuantity Total
46.92 1.0116 40.00
new countertops for kitchen
12 36 61 16 0004 0021 For Up To 50, Add334 $606.96MOD Installation =x x 606.96
FactorUnit PriceQuantity Total
15.00 1.0116 40.00
12 36 61 16 0004 0026 For Each LF Of Half Round Edge, Add335 $323.71MOD Installation =x x 323.71
FactorUnit PriceQuantity Total
8.00 1.0116 40.00
12 36 61 16 0004 0029 For Each Sink, Range Or Vanity Cutout, Add336 $15.17MOD Installation =x x 15.17
FactorUnit PriceQuantity Total
15.00 1.0116 1.00
12 36 61 16 0004 0040 For >2.25 To 3 SF Integral Single Basin Kitchen Sink, AddSingle or double bowl.
337 $344.39MOD
Installation =x x 344.39
FactorUnit PriceQuantity Total
340.44 1.0116 1.00
21 13 13 00 0003 Exposed Piping, Light Hazard, Complete Wet-Pipe Sprinkler System, Per HeadIncludes branch pipe and fittings, supports and sprinkler heads. 338 $916.84EA
Installation =x x 916.84
FactorUnit PriceQuantity Total
302.11 1.0116 3.00
new sprinkler system installed as needed
21 13 13 00 0003 0004 For Up To 5, Add339 $431.00MOD Installation =x x 431.00
FactorUnit PriceQuantity Total
142.02 1.0116 3.00
22 01 40 81 0005 Single Bowl Sink/Lavatory Drain Line Replacement340 $65.11EA Installation =x x 65.11
FactorUnit PriceQuantity Total
32.18 1.0116 2.00
for kitchen and bathroom sinks
22 11 16 00 0878 3/4" Inside Diameter Copper Pipe/Tubing Type L AssemblyIncludes all hangers and couplings, elbow, tee, reducer fittings. All hangers are complete assemblies. Not for use where detail is available.
341 $1,951.38LF
Installation =x x 1,951.38
FactorUnit PriceQuantity Total
19.29 1.0116 100.00
for all water lines. Additional length due to inflated costs
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Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 108
22 13 13 00 0062 Countertop Kitchen Sink, Double Fixture Rough-In, Polyvinyl Chloride (PVC) Waste And Vent PipeIncludes polyvinyl chloride (PVC) waste and vent pipe and copper domestic supply. Excludes fixtures and faucets. 342 $697.54EA
Installation =x x 697.54
FactorUnit PriceQuantity Total
344.77 1.0116 2.00
one for kitchen sink and one for bathroom sink
22 13 16 00 0508 3" Schedule 40 Polyvinyl Chloride (PVC) DWV Pipe AssemblyIncludes all fittings, couplings and hangers. Fittings are assumed every 10'. Not for use where detail is available.
343 $1,218.47LF
Installation =x x 1,218.47
FactorUnit PriceQuantity Total
24.09 1.0116 50.00
vent piping Additional length due to inflated costs
22 13 16 00 0509 4" Schedule 40 Polyvinyl Chloride (PVC) DWV Pipe AssemblyIncludes all fittings, couplings and hangers. Fittings are assumed every 10'. Not for use where detail is available.
344 $1,372.24LF
Installation =x x 1,372.24
FactorUnit PriceQuantity Total
27.13 1.0116 50.00
drain piping Additional length due to inflated costs
22 41 39 00 0013 Single Lever Handle, Chrome Bath And Shower, Pressure Balanced/Anti-Scald Valve (American Standard T675.502)
345 $215.72EA
Installation =x x 179.85
FactorUnit PriceQuantity Total
177.79 1.0116 1.00
Demolition x x = 35.87 35.46 1.0116 1.00
remove existing and replace with new shower/batg valve
22 42 23 00 0011 40" x 48" x 82" Handicapped, Solid Plastic Shower Enclosure (General Partitions)
346 $5,062.44EA
Installation =x x 4,929.12
FactorUnit PriceQuantity Total
2,436.30 1.0116 2.00
Demolition x x = 133.32 131.79 1.0116 1.00
remove existing and install new shower. additional quantities due to added costs currently 22 42 23 00 0081 Polyvinyl Chloride (PVC) Shower Pan Liner347 $96.14SF Installation =x x 96.14
FactorUnit PriceQuantity Total
2.97 1.0116 32.00
pan liner for new shower
26 01 20 91 0002 Lock Out/Tag Out Local Disconnect348 $175.78EA Installation =x x 175.78
FactorUnit PriceQuantity Total
21.72 1.0116 8.00
LOTO of existing circuits
26 09 23 00 0109 Wall Switch Replacement Occupancy Sensor, Single GangIncludes integral occupancy sensor and relay.
349 $167.30EA
Installation =x x 167.30
FactorUnit PriceQuantity Total
82.69 1.0116 2.00
per plans
26 27 26 00 0009 1 Gang, 20 Amp, GFI, Duplex Receptacle Assembly350 $1,181.85EA Installation =x x 848.43
FactorUnit PriceQuantity Total
83.87 1.0116 10.00
Demolition x x = 333.42 32.96 1.0116 10.00
New outlets for bathroom and kitchen
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Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 108
26 27 26 00 0038 50 Amp, NEMA 15-50, Single Receptacle, 250 Volt, 3 Phase351 $106.16EA Installation =x x 86.42
FactorUnit PriceQuantity Total
85.43 1.0116 1.00
Demolition x x = 19.74 19.51 1.0116 1.00
for stove
26 27 26 00 0138 1 Gang, 20 Amp, 120/277 Volt, SPST, Switch Assembly352 $882.60EA Installation =x x 615.86
FactorUnit PriceQuantity Total
76.10 1.0116 8.00
Demolition x x = 266.74 32.96 1.0116 8.00
switches in bathroom and kitchen
26 51 13 00 0421 1,500 Lumens, 6" Diameter, Recessed LED Downlight With Open Trim (Lightolier C6L1520DL)
353 $4,476.43EA
Installation =x x 4,090.40
FactorUnit PriceQuantity Total
404.35 1.0116 10.00
Demolition x x = 386.03 38.16 1.0116 10.00
new LED recessed lighting per plans
26 51 13 00 0458 2,200 Lumens, 9" Diameter, Wall Mount LED Cylinder Downlight With Semi-Specular Trim (Gotham® EVO® CLED9)
354 $488.20EA
Installation =x x 450.82
FactorUnit PriceQuantity Total
445.65 1.0116 1.00
Demolition x x = 37.38 36.95 1.0116 1.00
for bathroom
$72,342.01Subtotal for Unit 108
Unit 109
01 66 19 00 0056 Handling Material For Over 125' Per 9" x 48" x 48" Container Per 125' Segment355 $339.90EA Installation =x x 339.90
FactorUnit PriceQuantity Total
1.68 1.0116 200.00
for handling of debris and material from parking lot to unit 01 74 19 00 0016 40 CY Dumpster (5 Ton) "Construction Debris"Includes delivery of dumpster, rental cost, pick-up cost, hauling, and disposal fee. Non-hazardous material. 356 $2,033.23EA
Installation =x x 2,033.22
FactorUnit PriceQuantity Total
669.97 1.0116 3.00
for debris
01 95 06 00 0014 20" Wide Wood Shelving For Closets357 $309.63LF Installation =x x 309.63
FactorUnit PriceQuantity Total
38.26 1.0116 8.00
removal of existing and installation of new per plans
01 95 06 00 0095 11/16" x 3-1/4" Pine Casing358 $3,995.82LF Installation =x x 3,995.82
FactorUnit PriceQuantity Total
3.95 1.0116 1,000.00
baseboard and door casing for entire unit
01 95 08 00 0054 3'-0", Prehung 1-3/8" Primed, High Density Fiberboard Hardboard, Hollow Core, Six Panel Door And Frame
359 $403.67EA
Installation =x x 403.67
FactorUnit PriceQuantity Total
199.52 1.0116 2.00
removal of existing and installation of 2 new doors
01 95 08 00 0063 Interior Residential Grade Door Hinges360 $78.72PR Installation =x x 78.72
FactorUnit PriceQuantity Total
38.91 1.0116 2.00
removal of existing and installation of 2 new for doors
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Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 109
01 95 09 00 0003 Paint Entire Unit Complete Including DoorsIncludes doors, walls, moldings, kitchen, ceilings, etc. Includes preparation. Per SF of floor area. Combination semi-gloss and eggshell. Two coats paint or one coat primer and one coat paint.
361 $2,603.86GSF
Installation =x x 2,603.86
FactorUnit PriceQuantity Total
4.29 1.0116 600.00
prime and 2 coats paint entire unit
01 95 09 00 0003 0059 For Each Additional Coat, Add362 $2,804.16MOD Installation =x x 2,804.16
FactorUnit PriceQuantity Total
1.54 1.0116 1,800.00
01 95 11 00 0003 11.9 CF Top Freezer Refrigerator363 $780.96EA Installation =x x 780.96
FactorUnit PriceQuantity Total
772.00 1.0116 1.00
remove and replace existing fridge removed material for LI 01 95 22 00 0004 2 Piece Tank Type, Gravity Flush System, Floor Mounted, Floor Outlet, Elongated Vitreous China Water Closet (Kohler Highline® K-3999)Includes seat, wax ring, escutcheon, supply valve and line.
364 $548.88EA
Installation =x x 402.78
FactorUnit PriceQuantity Total
398.16 1.0116 1.00
Demolition x x = 146.11 144.43 1.0116 1.00
remove existing and replace with new toilet
01 95 22 00 0008 Faucet, Kohler (K-15182-P)365 $175.15EA Installation =x x 148.21
FactorUnit PriceQuantity Total
146.51 1.0116 1.00
Demolition x x = 26.94 26.63 1.0116 1.00
remove existing and replace with new bathroom faucet
01 95 22 00 0015 Pressure Balancing Shower Valve (Symmons BP-46-2-X)366 $184.68EA Installation =x x 145.70
FactorUnit PriceQuantity Total
144.03 1.0116 1.00
Demolition x x = 38.98 38.53 1.0116 1.00
remove existing and replace with new
01 95 22 00 0023 Wall Mount, Hand Shower Unit With Hose (Delta Faucet 62001 DS)367 $200.12EA Installation =x x 177.67
FactorUnit PriceQuantity Total
175.63 1.0116 1.00
Demolition x x = 22.46 22.20 1.0116 1.00
remove existing and replace with new
01 95 22 00 0039 25" x 22" x 6" Stainless Steel Kitchen Sink, Single Bowl, 22 Gauge (Elkay K125224)
368 $532.30EA
Installation =x x 454.60
FactorUnit PriceQuantity Total
449.39 1.0116 1.00
Demolition x x = 77.70 76.81 1.0116 1.00
remove existing and replace with new
01 95 22 00 0043 Kitchen Faucet, Polished Chrome (Kohler K-15171-P)369 $193.26EA Installation =x x 148.36
FactorUnit PriceQuantity Total
146.66 1.0116 1.00
Demolition x x = 44.89 44.38 1.0116 1.00
remove existing and replace with new
01 95 26 00 0003 10 AWG, 2 Conductor, Solid, Romex Copper Wire370 $3,706.50LF Installation =x x 2,581.60
FactorUnit PriceQuantity Total
3.19 1.0116 800.00
Demolition x x = 1,124.90 1.39 1.0116 800.00
for new outlets and electrical runs per palns
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109
Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 109
01 95 26 00 0042 AC Powered, Carbon Monoxide and Fire Alarm (Kidde 900-0114)371 $258.18EA Installation =x x 214.30
FactorUnit PriceQuantity Total
105.92 1.0116 2.00
Demolition x x = 43.88 21.69 1.0116 2.00
per plans
02 82 33 00 0047 >10 To 500 SF, Gypsum Wall Board, Asbestos Abatement And Disposal372 $2,913.41SF Installation =x x 2,913.41
FactorUnit PriceQuantity Total
12.00 1.0116 240.00
drywall abatement
02 82 33 00 0067 >10 To 500 SF, Spray On Acoustical Ceiling, Asbestos Abatement And Disposal
373 $5,550.04SF
Installation =x x 5,550.04
FactorUnit PriceQuantity Total
10.16 1.0116 540.00
ceiling abatement
02 89 00 00 0005 6 Mil Plastic Fire Retardant, Anti Static Sheeting, For Separation Barrier374 $246.83SF Installation =x x 246.83
FactorUnit PriceQuantity Total
0.61 1.0116 400.00
protection as part of abatement
02 89 00 00 0006 7' Zipper Door For Plastic Sheeting375 $32.17EA Installation =x x 32.17
FactorUnit PriceQuantity Total
15.90 1.0116 2.00
zippers for access through abatement protection
02 89 00 00 0019 6 Mil Plastic Fire Retardant, Anti Static Sheeting, Applied To Floors, Hazmat Containment Construction
376 $791.07SF
Installation =x x 791.07
FactorUnit PriceQuantity Total
0.46 1.0116 1,700.00
protection as part of abatement
02 89 00 00 0020 6 Mil Plastic Fire Retardant, Anti Static Retardant Sheeting, Applied To Walls, Hazmat Containment Construction
377 $895.27SF
Installation =x x 895.27
FactorUnit PriceQuantity Total
0.59 1.0116 1,500.00
protection as part of abatement
02 89 00 00 0023 Portable Personnel Decontamination Wash Facility (3 Stage)Includes connection to negative air system.
378 $596.14EA
Installation =x x 596.14
FactorUnit PriceQuantity Total
589.30 1.0116 1.00
protection as part of abatement
03 54 16 00 0002 1/8" Thick Self Leveling Cementitious Underlayment For Floors Including Surface Preparation
379 $1,294.85SF
Installation =x x 1,294.85
FactorUnit PriceQuantity Total
1.60 1.0116 800.00
level existing flooring
06 11 16 00 0061 2" x 4" Wood Wall Framing At 16" On Center380 $1,097.59SF Installation =x x 763.76
FactorUnit PriceQuantity Total
1.51 1.0116 500.00
Demolition x x = 333.83 0.66 1.0116 500.00
for new walls installed
06 11 16 00 0061 0004 For >200 To 500, Add381 $126.45MOD Installation =x x 126.45
FactorUnit PriceQuantity Total
0.25 1.0116 500.00
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Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 109
06 41 13 00 0112 15" x 30" Wall Cabinet382 $127.69EA Installation =x x 127.69
FactorUnit PriceQuantity Total
126.23 1.0116 1.00
installation of new
06 41 13 00 0112 0068 For Custom Deluxe Grade, Add383 $37.10MOD Installation =x x 37.10
FactorUnit PriceQuantity Total
36.67 1.0116 1.00
06 41 13 00 0115 24" x 30" Wall Cabinet384 $105.13EA Installation =x x 0.00
FactorUnit PriceQuantity Total
150.60 1.0116 0.00
Demolition x x = 105.13 25.98 1.0116 4.00
removal of existing
06 41 13 00 0115 0067 For Deluxe Grade, Add385 $159.67MOD Installation =x x 159.67
FactorUnit PriceQuantity Total
39.46 1.0116 4.00
06 41 13 00 0117 27" x 30" Wall Cabinet386 $329.64EA Installation =x x 329.64
FactorUnit PriceQuantity Total
162.93 1.0116 2.00
installation of new
06 41 13 00 0117 0068 For Custom Deluxe Grade, Add387 $100.33MOD Installation =x x 100.33
FactorUnit PriceQuantity Total
49.59 1.0116 2.00
06 41 13 00 0135 30" x 12" x 46-1/2" Microwave Cabinet388 $324.10EA Installation =x x 324.10
FactorUnit PriceQuantity Total
320.38 1.0116 1.00
installation of new
06 41 13 00 0135 0068 For Custom Deluxe Grade, Add389 $106.51MOD Installation =x x 106.51
FactorUnit PriceQuantity Total
105.29 1.0116 1.00
06 41 13 00 0154 24" x 15" Wall Cabinet390 $105.13EA Installation =x x 0.00
FactorUnit PriceQuantity Total
120.99 1.0116 0.00
Demolition x x = 105.13 25.98 1.0116 4.00
removal of existing
06 41 13 00 0154 0067 For Deluxe Grade, Add391 $111.76MOD Installation =x x 111.76
FactorUnit PriceQuantity Total
27.62 1.0116 4.00
06 41 13 00 0205 15" Base Cabinet392 $161.07EA
Installation =x x 161.07
FactorUnit PriceQuantity Total
159.22 1.0116 1.00
installation of new
06 41 13 00 0205 0068 For Custom Deluxe Grade, Add393 $48.67MOD Installation =x x 48.67
FactorUnit PriceQuantity Total
48.11 1.0116 1.00
06 41 13 00 0215 42" Base Cabinet394 $44.49EA
Installation =x x 0.00
FactorUnit PriceQuantity Total
275.36 1.0116 0.00
Demolition x x = 44.49 43.98 1.0116 1.00
removal of existing
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Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 109
06 41 13 00 0215 0067 For Deluxe Grade, Add395 $75.85MOD Installation =x x 75.85
FactorUnit PriceQuantity Total
74.98 1.0116 1.00
06 41 13 00 0298 27" x 12" x 84" Broom Cabinet396 $367.62EA Installation =x x 367.62
FactorUnit PriceQuantity Total
363.40 1.0116 1.00
installation of new
06 41 13 00 0298 0068 For Custom Deluxe Grade, Add397 $125.46MOD Installation =x x 125.46
FactorUnit PriceQuantity Total
124.02 1.0116 1.00
06 41 13 00 0307 33" x 24" x 84" Universal Oven Cabinet398 $38.99EA Installation =x x 0.00
FactorUnit PriceQuantity Total
496.33 1.0116 0.00
Demolition x x = 38.99 38.54 1.0116 1.00
removal of existing
06 41 13 00 0307 0067 For Deluxe Grade, Add399 $169.66MOD Installation =x x 169.66
FactorUnit PriceQuantity Total
167.71 1.0116 1.00
08 71 23 00 0008 3-1/2" x 3-1/2" Standard Duty, Full Mortise, Ball Bearing, Brass/Bronze, Satin Chrome Finish Hinge
400 $148.26PR
Installation =x x 136.38
FactorUnit PriceQuantity Total
67.41 1.0116 2.00
Demolition x x = 11.88 5.87 1.0116 2.00
hinges for doors
08 71 23 00 2298 Bath/Bedroom Privacy F37 Pre-Assembled LocksetLocked with push button inside.
401 $1,260.07EA
Installation =x x 1,217.68
FactorUnit PriceQuantity Total
601.86 1.0116 2.00
Demolition x x = 42.39 20.95 1.0116 2.00
for new doors
09 23 13 00 0022 Smooth Finish Three Coats Gypsum Plaster On Walls402 $4,404.51SF Installation =x x 4,404.51
FactorUnit PriceQuantity Total
6.22 1.0116 700.00
finish drywall
09 29 00 00 0006 5/8" Gypsum Board403 $970.12SF
Installation =x x 970.12
FactorUnit PriceQuantity Total
1.37 1.0116 700.00
New drywall per plans
09 29 00 00 0070 Spray Applied Orange Peel Finish On Existing Gypsum Board Wall404 $226.60SF Installation =x x 226.60
FactorUnit PriceQuantity Total
0.32 1.0116 700.00
texture to match surrounding
09 29 00 00 0074 Corner Bead, Galvanized Steel For Gypsum Board405 $233.07LF Installation =x x 233.07
FactorUnit PriceQuantity Total
2.88 1.0116 80.00
corner beads for drywall
09 29 00 00 0074 0012 For Up To 100, Add406 $15.38MOD Installation =x x 15.38
FactorUnit PriceQuantity Total
0.19 1.0116 80.00
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Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 109
09 65 23 00 0004 0.16" Overall Thickness, 0.020" Wear Layer, Vinyl Plank Flooring (Armstrong® Luxe Plank™)
407 $5,147.02SF
Installation =x x 5,147.02
FactorUnit PriceQuantity Total
6.36 1.0116 800.00
new vinyl plank flooring in entire unit
10 28 13 13 0131 24" Length, 1-1/4" Diameter, Stainless Steel Grab Bar (Bobrick B-5806x24)408 $287.03EA Installation =x x 236.17
FactorUnit PriceQuantity Total
77.82 1.0116 3.00
Demolition x x = 50.86 16.76 1.0116 3.00
grab bars for rear of toilet and in shower
10 28 13 13 0135 48" Length, 1-1/4" Diameter, Stainless Steel Grab Bar (Bobrick B-5806x48)409 $102.36EA Installation =x x 85.41
FactorUnit PriceQuantity Total
84.43 1.0116 1.00
Demolition x x = 16.95 16.76 1.0116 1.00
grab bar for side of toilet
10 28 13 13 0189 Stainless Steel Shower Curtain Hook (Bobrick B-204-1)410 $47.34EA Installation =x x 34.75
FactorUnit PriceQuantity Total
2.29 1.0116 15.00
Demolition x x = 12.59 0.83 1.0116 15.00
Shower curtain hooks
10 28 16 13 0017 20” x 30" Recessed Steel Medicine Cabinet With Mirror, Nutone 495411 $359.24EA Installation =x x 210.89
FactorUnit PriceQuantity Total
208.47 1.0116 1.00
Demolition x x = 148.35 29.33 1.0116 5.00
remove exisitng and replace with new
10 28 16 13 0026 Shower Curtain Rod, Polished Chrome412 $221.19EA Installation =x x 83.46
FactorUnit PriceQuantity Total
82.50 1.0116 1.00
Demolition x x = 137.73 27.23 1.0116 5.00
remove existing and replace with new
11 30 13 13 0087 Removal And Reinstallation Of Stove/Range413 $221.08EA Installation =x x 221.08
FactorUnit PriceQuantity Total
218.54 1.0116 1.00
remove, store and reinstall existing oven
12 36 61 16 0003 1/4" Solid Polyester (Corian) Backsplash, Group B ColorsQuantity based on area of backsplash. Excludes backing material such as cement or water resistant gypsum board.
414 $583.29SF
Installation =x x 583.29
FactorUnit PriceQuantity Total
28.83 1.0116 20.00
backsplash for kitchen countertops
12 36 61 16 0003 0021 For Up To 50, Add415 $189.78MOD Installation =x x 189.78
FactorUnit PriceQuantity Total
9.38 1.0116 20.00
12 36 61 16 0004 1/2" Solid Polyester (Corian) Countertop, Group B ColorsQuantity based on area of counter, backsplash and apron. Includes drilling holes for fixtures and 1-1/2" drop edge with 1/8" radius edges (when apron not used). 416 $1,898.57SF
Installation =x x 1,898.57
FactorUnit PriceQuantity Total
46.92 1.0116 40.00
new countertops for kitchen
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Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 109
12 36 61 16 0004 0021 For Up To 50, Add417 $606.96MOD Installation =x x 606.96
FactorUnit PriceQuantity Total
15.00 1.0116 40.00
12 36 61 16 0004 0026 For Each LF Of Half Round Edge, Add418 $323.71MOD Installation =x x 323.71
FactorUnit PriceQuantity Total
8.00 1.0116 40.00
12 36 61 16 0004 0029 For Each Sink, Range Or Vanity Cutout, Add419 $15.17MOD Installation =x x 15.17
FactorUnit PriceQuantity Total
15.00 1.0116 1.00
12 36 61 16 0004 0040 For >2.25 To 3 SF Integral Single Basin Kitchen Sink, AddSingle or double bowl.
420 $344.39MOD
Installation =x x 344.39
FactorUnit PriceQuantity Total
340.44 1.0116 1.00
21 13 13 00 0003 Exposed Piping, Light Hazard, Complete Wet-Pipe Sprinkler System, Per HeadIncludes branch pipe and fittings, supports and sprinkler heads. 421 $916.84EA
Installation =x x 916.84
FactorUnit PriceQuantity Total
302.11 1.0116 3.00
new sprinkler system installed as needed
21 13 13 00 0003 0004 For Up To 5, Add422 $431.00MOD Installation =x x 431.00
FactorUnit PriceQuantity Total
142.02 1.0116 3.00
22 01 40 81 0005 Single Bowl Sink/Lavatory Drain Line Replacement423 $65.11EA Installation =x x 65.11
FactorUnit PriceQuantity Total
32.18 1.0116 2.00
for kitchen and bathroom sinks
22 11 16 00 0878 3/4" Inside Diameter Copper Pipe/Tubing Type L AssemblyIncludes all hangers and couplings, elbow, tee, reducer fittings. All hangers are complete assemblies. Not for use where detail is available.
424 $1,951.38LF
Installation =x x 1,951.38
FactorUnit PriceQuantity Total
19.29 1.0116 100.00
for all water lines. Additional length due to inflated costs 22 13 13 00 0062 Countertop Kitchen Sink, Double Fixture Rough-In, Polyvinyl Chloride (PVC) Waste And Vent PipeIncludes polyvinyl chloride (PVC) waste and vent pipe and copper domestic supply. Excludes fixtures and faucets. 425 $697.54EA
Installation =x x 697.54
FactorUnit PriceQuantity Total
344.77 1.0116 2.00
one for kitchen sink and one for bathroom sink
22 13 16 00 0508 3" Schedule 40 Polyvinyl Chloride (PVC) DWV Pipe AssemblyIncludes all fittings, couplings and hangers. Fittings are assumed every 10'. Not for use where detail is available.
426 $1,218.47LF
Installation =x x 1,218.47
FactorUnit PriceQuantity Total
24.09 1.0116 50.00
vent piping Additional length due to inflated costs
22 13 16 00 0509 4" Schedule 40 Polyvinyl Chloride (PVC) DWV Pipe AssemblyIncludes all fittings, couplings and hangers. Fittings are assumed every 10'. Not for use where detail is available.
427 $1,372.24LF
Installation =x x 1,372.24
FactorUnit PriceQuantity Total
27.13 1.0116 50.00
drain piping Additional length due to inflated costs
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114
Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
Unit 109
22 41 39 00 0013 Single Lever Handle, Chrome Bath And Shower, Pressure Balanced/Anti-Scald Valve (American Standard T675.502)
428 $215.72EA
Installation =x x 179.85
FactorUnit PriceQuantity Total
177.79 1.0116 1.00
Demolition x x = 35.87 35.46 1.0116 1.00
remove existing and replace with new shower/batg valve
22 42 23 00 0011 40" x 48" x 82" Handicapped, Solid Plastic Shower Enclosure (General Partitions)
429 $5,062.44EA
Installation =x x 4,929.12
FactorUnit PriceQuantity Total
2,436.30 1.0116 2.00
Demolition x x = 133.32 131.79 1.0116 1.00
remove existing and install new shower. additional quantities due to added costs currently 22 42 23 00 0081 Polyvinyl Chloride (PVC) Shower Pan Liner430 $96.14SF Installation =x x 96.14
FactorUnit PriceQuantity Total
2.97 1.0116 32.00
pan liner for new shower
26 01 20 91 0002 Lock Out/Tag Out Local Disconnect431 $175.78EA Installation =x x 175.78
FactorUnit PriceQuantity Total
21.72 1.0116 8.00
LOTO of existing circuits
26 09 23 00 0109 Wall Switch Replacement Occupancy Sensor, Single GangIncludes integral occupancy sensor and relay.
432 $167.30EA
Installation =x x 167.30
FactorUnit PriceQuantity Total
82.69 1.0116 2.00
per plans
26 27 26 00 0009 1 Gang, 20 Amp, GFI, Duplex Receptacle Assembly433 $1,181.85EA Installation =x x 848.43
FactorUnit PriceQuantity Total
83.87 1.0116 10.00
Demolition x x = 333.42 32.96 1.0116 10.00
New outlets for bathroom and kitchen
26 27 26 00 0038 50 Amp, NEMA 15-50, Single Receptacle, 250 Volt, 3 Phase434 $106.16EA Installation =x x 86.42
FactorUnit PriceQuantity Total
85.43 1.0116 1.00
Demolition x x = 19.74 19.51 1.0116 1.00
for stove
26 27 26 00 0138 1 Gang, 20 Amp, 120/277 Volt, SPST, Switch Assembly435 $882.60EA Installation =x x 615.86
FactorUnit PriceQuantity Total
76.10 1.0116 8.00
Demolition x x = 266.74 32.96 1.0116 8.00
switches in bathroom and kitchen
26 51 13 00 0421 1,500 Lumens, 6" Diameter, Recessed LED Downlight With Open Trim (Lightolier C6L1520DL)
436 $4,476.43EA
Installation =x x 4,090.40
FactorUnit PriceQuantity Total
404.35 1.0116 10.00
Demolition x x = 386.03 38.16 1.0116 10.00
new LED recessed lighting per plans
26 51 13 00 0458 2,200 Lumens, 9" Diameter, Wall Mount LED Cylinder Downlight With Semi-Specular Trim (Gotham® EVO® CLED9)
437 $488.20EA
Installation =x x 450.82
FactorUnit PriceQuantity Total
445.65 1.0116 1.00
Demolition x x = 37.38 36.95 1.0116 1.00
for bathroom
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Contractor's Price Proposal - Detail
115
Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 098302.00
Palm Vista ADA upgrades
$72,342.01Subtotal for Unit 109
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$379,560.11
11/10/2021
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116
Subcontractor Listing
098302.00
Palm Vista ADA upgrades
CA-08-SL-B-A-030618-MDJIQC Master Contract #:
Work Order #:
Owner PO #:
Title:
Re:
November 10, 2021Date:
Proposal Value:
Contractor: MDJ Management
$379,560.11
%DutiesName of Contractor Amount
Janus Corporation 9.22$35,000.00
Refined Construction 65.87$250,000.00
6.00
11/10/2021
Subcontractor Listing
117
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. K.1
DATE: March 29, 2022
TO: City Council
FROM: Betsy George, Chief Financial Officer, (805) 200-5400, [email protected]
SUBJECT: Banc of America Master Equipment Lease/Purchase Agreement (A-7667) for 2022 Equipment Lease Reimbursement to the City for Purchase of Fire Engines. (10/5/5)
RECOMMENDATION
That the City Council adopt a resolution authorizing the execution and delivery of Schedules of Property to the Master Equipment Lease/Purchase Agreement not to exceed $3.3 million for the acquisition, financing, and leasing of certain equipment for the public benefit within the terms provided therein; authorizing the execution and delivery of other documents required in connection therewith; and authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by the resolution. (Presentation will be live at the Consultant's request.)
BACKGROUND
City Council authorized the purchase of three fire engines at the City Council meeting on January 18, 2022. The total approved purchase order amount was $2,603,358.21. In addition to the purchase cost of the vehicles, there is expected to be additional upfitting costs (estimated at $165,000 per vehicle). City staff purchased the vehicles the week of January 24th to avoid a 7% cost increase that would have taken effect on February 1, 2022. This saved the City $172,042.
While it was staff’s intention to finance the purchase of these vehicles, there was not sufficient time to prepare the legal documents ahead of the February 1 cutoff to avoid the 7% cost increase. Accordingly, staff purchased the vehicles ahead of February 1 with the intention of entering into a financing to reimburse the City for the upfront purchase cost.
The City has a positive prior relationship with Banc of America, the provider for the Master Equipment Lease Agreement A-7667 originally executed on June 17, 2014. Banc of America Public Capital Corp has approved the attached Master Equipment Lease Purchase Agreement (“Master Lease”) with the City, which operates similar to a line of credit. Staff anticipates that funds will be drawn from this line of credit near the beginning of April 2022. Consistent with the City’s other equipment leases, staff will submit reimbursement request to draw down from the line of credit when authorized equipment have been purchased, delivered, and paid for.
STRATEGIC PRIORITIES
This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.
FINANCIAL IMPACT
Equipment leases provide an option for the City to make critical equipment purchases under favorable financing conditions. In addition, this lease allows the City to finance equipment over the expected life of the equipment rather than 118
fronting the cost. The City Council had previously approved a budget appropriation of $53,359 from the Lease Purchase Equipment Fund (313) related to the purchase of the vehicles.
Banc of America has provided a fixed 10-year interest rate of 2.29% for the $3.3M financing. This equates to $195,000 payments every 6 months ($390,000 per fiscal year) through the final maturity of December 1, 2031.
GOOD FAITH ESTIMATES
The good faith estimates set forth herein are provided with respect to the 2022 Equipment Lease in accordance with California Government Code Section 5852.1. Such good faith estimates have been provided to the City by the Municipal Advisor.
Principal Amount. The Municipal Advisor has informed the City that, based on the City’s purchase agreements, financing plan, and current market conditions, its good faith estimate of the aggregate principal amount of the 2022 Equipment Lease is $3,300,000, (the “Estimated Principal Amount”).
True Interest Cost of the 2022 Equipment Lease. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the 2022 Equipment Lease, and based on market interest rates prevailing at the time of preparation of such estimate, their good faith estimate of the true interest cost of the 2021 Equipment Lease is 2.29%.
Finance Charge of the 2022 Equipment Lease. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the 2022 Equipment Lease, and based on market interest rates prevailing at the time of preparation of such estimate, their good faith estimate of the finance charge for the 2022 Equipment Lease, which means the sum of all fees and charges paid to third parties (or costs associated with the 2022 Equipment Lease), is $50,000.
Amount of Proceeds to be Received. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the 2022 Equipment Lease, and based on market interest rates prevailing at the time of preparation of such estimate, their good faith estimate of the amount of proceeds expected to be received by the City for the 2022 Equipment Lease is $3,250,000.
Total Payment Amount. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the 2022 Equipment Lease, and based on market interest rates prevailing at the time of preparation of such estimate, their good faith estimate of the total payment amount, which means the sum total of all payments the City will make to pay debt service on the 2022 Equipment Lease is $3,703,744, which excludes any reserves or capitalized interest paid or funded with proceeds of the 2022 Equipment Lease (which may offset such total payment amount).
The foregoing estimates constitute current good faith estimates, and are based on market conditions prevailing at the time of preparation of such estimates. The actual principal amount of the 2022 Equipment Lease, the true interest cost thereof, the finance charges thereof, the amount of proceeds received therefrom and total payment amount with respect thereto may differ from such good faith estimates due to (a) the actual date of the sale of the 2022 Equipment Lease being different than the date assumed for purposes of such estimates, (b) the actual principal amount of 2022 Equipment Lease being different from the Estimated Principal Amount, (c) the actual amortization of the 2022 Equipment Lease being different than the amortization assumed for purposes of such estimates, (d) the actual market interest rates at the time of sale of the 2022 Equipment Lease being different than those estimated for purposes of such estimates, (e) other market conditions, or (f) alterations in the City’s financing plan, or a combination of such factors. The actual date of sale of the 2022 Equipment Lease and the actual principal amount of the 2022 Equipment Lease will be determined by the City based on the timing of the need for proceeds of the 2022 Equipment Lease and other factors. The actual interest rates borne by the 2022 Equipment Lease will depend on market interest rates at the time of sale thereof. The actual amortization of the 2022 Equipment Lease will also depend, in part, on market interest rates at the time of sale thereof.
Market interest rates are affected by economic, national, international and other factors beyond the control of the City, or the Municipal Advisor.
COMMITTEE OUTCOME
The Finance and Governance Committee approved 3-0 on March 8, 2022, to approve the staff recommendation and to forward the item for Council approval.
119
Prepared by: NHA Advisors
ATTACHMENTS
1. Oxnard Resolution - Equipment Schedule No. 25 (MELPA) 220215
2. Oxnard A7667-Master Lease Agreement
3. Escrow and Account Control Agreement Schedule 25
4. Schedule of Property 25
5. Presentation
120
FORM OF AUTHORIZING RESOLUTION (LEASE)
A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF OXNARD,
CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF
SCHEDULE(S) OF PROPERTY TO THE MASTER EQUIPMENT
LEASE/PURCHASE AGREEMENT FOR THE ACQUISITION, FINANCING
AND LEASING OF CERTAIN EQUIPMENT FOR THE PUBLIC BENEFIT WITHIN THE TERMS PROVIDED HEREIN; AUTHORIZING THE
EXECUTION AND DELIVERY OF OTHER DOCUMENTS REQUIRED IN
CONNECTION THEREWITH; AND AUTHORIZING THE TAKING OF ALL
OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE
TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION.
WHEREAS, the City of Oxnard (the “Lessee”), a City duly organized and existing as a political subdivision, municipal corporation or similar public entity of the State of California is authorized by the laws of the State of California to acquire, finance and lease personal property (tangible and intangible) for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and
WHEREAS, the governing body of the Lessee (the “Board”) has determined that a need exists for the acquisition, financing and leasing of certain equipment with a cost not to exceed $3,300,000 and consisting of fire engine vehicles, which constitutes personal property necessary for the Lessee to perform essential governmental functions (collectively, the “Equipment”) on the terms herein provided;
WHEREAS, the Board has previously approved a reimbursement resolution detailing the City’s intention to pay certain capital expenditures in connection with the Equipment prior to the issuance of one or more series of tax-exempt obligations and the City reasonably expects that certain of the proceeds of indebtedness will be used to reimburse the City for the Equipment; and WHEREAS, in order to reimburse the City for the cost of acquiring such Equipment, the Lessee proposes to enter into those certain Schedule(s) of Property (the “Equipment Schedule(s)”) with Banc of America Public Capital Corp (or one of its affiliates), as lessor (the “Lessor”), substantially in the proposed form presented to the Board at this meeting, which Equipment Schedule incorporates by reference the terms and provisions of that certain Master Equipment Lease/Purchase Agreement dated as of April 8, 2014, by and between Lessor and Lessee (the “Agreement”); and
WHEREAS, the Board deems it for the benefit of the Lessee and for the efficient and effective administration thereof to enter into the Equipment Schedule and the other documentation relating to the acquisition, financing and leasing of the Equipment to be therein described on the terms and conditions therein and herein provided; NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the governing body of the Lessee as follows:
121
Section 1. Findings and Determinations. It is hereby found and determined that the terms of the Equipment Schedule(s) and the form of Rental Payment Schedule(s), in the form presented to the Board at this meeting, are in the best interests of the Lessee for the acquisition financing and leasing of the Equipment.
Section 2. Approval of Documents. The form, terms and provisions of the Equipment Schedule(s) and Rental Payment Schedule(s) are hereby approved in substantially the forms presented at this meeting, with such insertions, omissions and changes as shall be approved by City Manager or Chief Financial Officer of the Lessee or other members of the governing body of the Lessee (the “Authorized Officials”) executing the same, the execution of such documents being conclusive evidence of such approval. The Authorized Officials are each hereby authorized and directed to sign and deliver on behalf of the Lessee the Equipment Schedule(s) under which a separate Lease (as defined in the Agreement) is created, the Rental Payment Schedule attached thereto, the Escrow Agreement and any related exhibits attached thereto.
Section 3. Other Actions Authorized. The officers and employees of the Lessee shall take all action necessary or reasonably required by the parties to the Lease to carry out, give effect to and consummate the transactions contemplated thereby (including the execution and delivery of a final Acceptance Certificate, the Escrow Agreement, Disbursement Requests and any tax certificate and agreement, as contemplated in the Agreement) and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Lease.
Section 4. No General Liability. Nothing contained in this Resolution, the Lease, the Escrow Agreement nor any other instrument shall be construed with respect to the Lessee as incurring a pecuniary liability or charge upon the general credit of the Lessee or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Lease, the Escrow Agreement or any other instrument or document executed in connection therewith impose any pecuniary liability upon the Lessee or any charge upon its general credit or against its taxing power, except to the extent that the Rental Payments payable under the Lease entered into pursuant to the Agreement are limited obligations of the Lessee, subject to annual appropriation, as provided in the Agreement.
Section 5. Appointment of Authorized Lessee Representatives. The City Manager and Chief Financial Officer of the Lessee are each hereby designated to act as authorized representatives of the Lessee for purposes of the Lease and the Escrow Agreement until such time as the governing body of the Lessee shall designate any other or different authorized representative for purposes of the Lease or the Escrow Agreement.
Section 6. Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution.
Section 7. Repealer. All bylaws, orders and resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency with respect to this 122
Resolution. This repealer shall not be construed as reviving any bylaw, order, resolution or ordinance or part thereof.
Section 8. Effective Date. This Resolution shall be effective immediately upon its approval and adoption.
ADOPTED AND APPROVED by the governing body of the Lessee this 29th day of March, 2022.
City of Oxnard, CA
as lessee
[SEAL]
By:____________________________________
Printed Name: ___________________________
Title: __________________________________
ATTEST:
By:_________________________________
Printed: Name: _______________________
Title: _______________________________
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The undersigned, a duly elected or appointed and acting City Clerk of the Lessee identified in the above Resolution No. ___ (the “Resolution”), hereby certifies that the Resolution is a full, true and correct copy of such Resolution as adopted by the governing body of the Lessee on March 29, 2022. The Resolution is in full force and effect on the date hereof and has not been amended, modified or otherwise changed by the governing body of the Lessee since the date of adoption of the Resolution.
DATED this ____ day of ____________, 20__.
_______________________________________
Name:_________________________________
Title:__________________________________
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MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT
This Master Equipment Lease/Purchase Agreement (the "Agreement") dated as of April 8, 2014, and entered into between Banc of America Public Capital Corp., a Kansas corporation ("Lessor"), and City of Oxnard, California, a municipal corporation existing under the laws of the State of California ("Lessee").
WITNESSETH:
WHEREAS, Lessee desires to lease and acquire from Lessor certain Equipment described in each Schedule (as each such term is defined herein), subject to the terms and conditions of and for the purposes set forth in each Lease; and in the event of a conflict the terms of a Schedule prevail; and
WHEREAS, the relationship between the parties shall be a continuing one and items of equipment may be added to the Equipment from time to time by execution of additional Schedules by the parties hereto and as otherwise provided herein; and WHEREAS, Lessee is authorized under the constitution and laws of the State to enter into this Agreement and the Schedules hereto for the purposes set forth herein; and Now, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, and in consideration of the premises hereinafter contained, the parties hereby agree as follows:
ARTICLE I
Section 1.01. Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise:
"Acquisition Amount" means the amount specified in each Lease and represented by Lessee to be sufficient to acquire the Equipment listed in such Lease. "Acquisition Fund" means, with respect to any Lease, the fund established and held by the Acquisition Fund Custodian pursuant to the related Acquisition Fund Agreement, if any. "Acquisition Fund Agreement" means, with respect to any Lease, an Acquisition Fund and Account Control Agreement, substantially in the form of Exhibit A attached hereto, in form and substance acceptable to and executed by Lessee, Lessor and the Acquisition Fund Custodian, pursuant to which an Acquisition Fund is established and administered. "Acquisition Fund Custodian" means the Acquisition Fund Custodian identified in any Acquisition Fund Agreement, and its successors and assigns. "Acquisition Period" means, with respect to each Lease, that period stated in the Schedule to such Lease during which the Lease Proceeds attributable to such Lease may be expended on Equipment Costs.
6 DATE:' GENOA#
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"Agreement" means this Master Equipment Lease/Purchase Agreement, including the exhibits hereto, together with any amendments and modifications to the Agreement pursuant to Section 13.05.
"Code" means the Internal Revenue Code of 1986, as amended. Each reference to a Section of the Code herein shall be deemed to include the United States Treasury Regulations proposed or in effect thereunder.
"Commencement Date" means, for each Lease, the date when Lessee's obligation to pay rent commences under such Lease, which date shall be the earlier of (i) the date on which the Equipment listed in such Lease is accepted by Lessee in the manner described in Section 5.01, and (ii) the date on which sufficient moneys to purchase the Equipment listed in such Lease are deposited for that purpose with an Acquisition Fund Custodian. "Contract Rate" means the rate identified as such in the applicable Schedule. "Equipment" means the property listed in each of the Leases and all replacements, repairs, restorations, modifications and improvements thereof or thereto made pursuant to Section 8.01 or Article V. Whenever reference is made in this Agreement to Equipment listed in a Lease, such reference shall be deemed to include all such replacements, repairs, restorations, modifications and improvements of or to such Equipment. "Equipment Costs" means the total cost of the Equipment listed in each Lease, including soft costs such as freight, installation and taxes paid up front by Lessor and all capitalizable consulting and training fees approved by Lessor, legal fees, financing costs, and other costs necessary to vest full, clear legal title to the Equipment in Lessee, subject to the security interest granted to and retained by Lessor as set forth in each Lease, and otherwise incurred in connection with the financing provided by the lease-purchase of the Equipment as provided in each Lease; provided that (i) any such soft costs on a cumulative basis shall not exceed a percentage of the Maximum Equipment Cost approved by Lessor and (ii) in no event shall capitalizable delivery charges, installation charges, taxes and similar capitalizable soft costs relating to such Equipment be included without Lessor's prior consent. "Event of Default" means an Event of Default described in Section 12.01. "Lease" means a Schedule and the terms of this Agreement which are incorporated by reference into such Schedule. Each Schedule shall constitute a separate and independent Lease. "Lease Proceeds" means, with respect to each Lease, the total amount of money to be paid by Lessor to the Acquisition Fund Custodian for deposit and application in accordance with such Lease and the Acquisition Fund Agreement.
"Lease Term" for each Lease means the Original Term and all Renewal Terms therein provided and for this Agreement means the period from the date hereof until this Agreement is terminated.
"Lessee" means the entity referred to as Lessee in the first paragraph of this Agreement. 126
"Lessor" means (a) the entity referred to as Lessor in the first paragraph of this Agree ment or (b) any assignee or transferee of any right, title or interest of Lessor in and to the Equipment under a Lease or any Lease (including Rental Payments thereunder) pursuant to Section 11.01, but does not include any entity solely by reason of that entity retaining or assuming any obligation of Lessor to perform under a Lease. "Material Adverse Change" means (a) prior to the Utilization Period Expiration, a downgrade in Lessee's external debt rating of two or more subgrades by either Moody's Investors Service, Inc, or Standard & Poor' s Ratings Group or any equivalent successor credit rating agency, or any downgrade by either such agency that would cause Lessee's credit rating to be below investment grade, and (b) thereafter, any change in Lessee's creditworthiness that could have a material adverse effect on (i) the financial condition or operations of Lessee and its subsidiaries taken as a whole, or (ii) Lessee's ability to perform its obligations under this Agreement or any Lease.
..
"Maximum Equipment Cost" means the cumulative amount specified m the latest Schedule executed under this Agreement.
"Original Term" means the period from the Commencement Date for each Lease until the end of the fiscal year of Lessee in effect at such Commencement Date. "Purchase Price" means, with respect to the Equipment listed on a Lease, the amount that Lessee may pay to Lessor to purchase such Equipment as provided in such Lease. "Renewal Terms" means the renewal terms of each Lease, each having a duration of one year and a term coextensive with Lessee's fiscal year, as specified in the Schedule applicable thereto.
"Rental Payments" means the basic rental payments payable by Lessee under each Lease pursuant to Section 4.01, in each case consisting of a principal component and an interest component.
"Schedule" means each separately numbered Schedule of Property substantially in the form of Exhibit B-1 hereto together with a Rental Payment Schedule attached thereto substantially in the form of Exhibit B-2 hereto.
"State" means the State of California.
"Utilization Period Expiration" means the date, with respect to each Lease not funded under an Acquisition Fund Agreement, by which Lessee must deliver an Acceptance Certificate for the Equipment under such Lease as indicated in Section 3. 04(b ). "Vendor" means the manufacturer or supplier of the Equipment or any other person as well as the agents or dealers of the manufacturer or supplier with whom Lessor arranged Lessee's acquisition and financing of the Equipment pursuant to the applicable Lease. 127
ARTICLE II
Section 2. 0 I. Representations and Covenants of Lessee. Lessee represents, covenants and warrants for the benefit of Lessor on the date hereof and as of the Commencement Date of each Lease as follows:
(a) Lessee is a political subdivision of the State within the meaning of Section 103(c) of the Code, duly organized and existing under the constitution and laws of the State, with full power and authority to enter into this Agreement and each Lease and the transactions contemplated hereby and to perform all of its obligations hereunder and under each Lease. (b) Lessee has duly authorized the execution and delivery of this Agreement and each Lease by proper action of its governing body at a meeting duly called, regularly convened and attended throughout by the requisite quorum of the members thereof, or by other appropriate official approval, and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability of this Agreement and each Lease. (c) No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default exists at the date hereof. ( d) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a body corporate and politic. ( e) Lessee has complied with such public bidding requirements as may be applicable to this Agreement and each Lease and the acquisition by Lessee of the Equipment as provided in each Lease.
(f) During the Lease Term, the Equipment will be used by Lessee only for the purpose of performing essential governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority. Lessee does not intend to sell or otherwise dispose of the Equipment or any interest therein prior to the last Rental Payment (including all Renewal Terms) scheduled to be paid under each Lease.
(g) Lessee has kept, and throughout the Lease Term of any Lease shall keep, its books and records in accordance with generally accepted accounting principles and practices consistently applied, and shall deliver to Lessor (i) annual audited financial statements (including (1) a balance sheet, (2) statement of revenues, expenses and changes in fund balances for budget and actual, (3) statement of cash flows and notes, and (4) schedules and attachments to the financial statements) within 270 days of its fiscal year end, (ii) such other financial statements and information as Lessor may reasonably request, and (iii) its annual budget for the following fiscal year when approved but not later than 30 days prior to its current fiscal year end. The financial statements described in subsection (i) shall be accompanied by an unqualified opinion of Lessee's auditor. Credit information relating to Lessee may be disseminated among Lessor and any of its affiliates and any of their respective successors and assigns. (h) Lessee has an immediate need for the Equipment listed on each Schedule and expects to make immediate use of the Equipment listed on each Schedule. Lessee's need for the 128
Equipment is not temporary and Lessee does not expect the need for any item of the Equipment to diminish during the Lease Term to such item.
(i) The payment of the Rental Payments or any portion thereof is not (under the terms of any Lease or any underlying arrangement) directly or indirectly (x) secured by any interest in property used or to be used in any activity carried on by any person other than a state or local governmental unit or payments in respect of such property; or (y) on a present value basis, derived from payments (whether or not to Lessee) in respect of property, or borrowed money, used or to be used in any activity carried on by any person other than a state or local governmental unit. The Equipment will not be used, directly or indirectly, in any activity carried on by any person other than a state or local governmental unit. No portion of the Equipment Costs for the Equipment will be used, directly or indirectly, to make or finance loans to any person other than Lessee. Lessee has not entered into any management or other service contract with respect to the use and operation of the Equipment. (i) There is no pending litigation, tax claim, proceeding or dispute that may adversely affect Lessee's financial condition or impairs its ability to perform its obligations hereunder.
Lessee will, at its expense, maintain its legal existence in good standing and do any further act and execute, acknowledge, deliver, file, register and record any further documents Lessor may reasonably request in order to protect Lessor's security interest in the Equipment and Lessor's rights and benefits under this Lease.
ARTICLE Ill
Section 3.01. Lease of Equipment. Subject to the terms of this Master Lease, Lessor agrees to provide the funds specified in each Lease to be provided by it to acquire the Equipment, up to an amount equal to the Maximum Equipment Cost. Upon the execution of each Lease, Lessor demises, leases, transfers and lets to Lessee, and Lessee acquires, rents and leases from Lessor, the Equipment as set forth in such Lease and in accordance with the terms thereof. The Lease Term for each Lease may be continued, solely at the option of Lessee, at the end of the Original Term or any Renewal Term for the next succeeding Renewal Term up to the maximum Lease Term set forth in such Lease. At the end of the Original Term and at the end of each Renewal Term until the maximum Lease Term has been completed, Lessee shall be deemed to have exercised its option to continue each Lease for the next Renewal Term unless Lessee shall have terminated such Lease pursuant to Section 3.03 or Section 10.01. The terms and conditions during any Renewal Term shall be the same as the terms and conditions during the Original Term, except that the Rental Payments shall be as provided in the applicable Lease.
Section 3. 02. Continuation of Lease Term. Lessee intends, subject to Section 3.03, to continue the Lease Term of each Lease through the Original Term and all Renewal Terms and to pay the Rental Payments thereunder. Lessee affirms that sufficient funds are available for the current fiscal year, and Lessee reasonably believes that an amount sufficient to make all Rental Payments during the entire Lease Term of each Lease can be obtained from legally available funds of Lessee. Lessee further intends to do all things lawfully within its power to obtain and maintain funds sufficient and available to discharge its obligation to make Rental Payments due hereunder, including making provision for such payments to the extent necessary in each budget or appropriation request submitted and adopted in accordance with applicable provisions of law, 129
to have such portion of the budget or appropriation request approved and to exhaust all available reviews and appeals in the event such portion of the budget or appropriation request is not approved.
Section 3. 03. Nonappropriation. Lessee is obligated only to pay such Rental Payments under each Lease as may lawfully be made from funds budgeted and appropriated for that purpose during Lessee's then current fiscal year. Should Lessee fail to budget, appropriate or otherwise make available funds to pay Rental Payments under any Lease following the then current Original Term or Renewal Term, such Lease or Leases shall be deemed terminated at the end of the then current Original Term or Renewal Term. Lessee agrees to deliver notice to Lessor of such termination promptly after any decision to non-appropriate is made, but failure to give such notice shall not extend the term beyond such Original Term or Renewal Term. If any Lease is terminated in accordance with this Section, Lessee agrees to peaceably deliver the Equipment to Lessor at the location(s) to be specified by Lessor.
Section 3.04. Conditions to Lessor's Performance.
(a) As a prerequisite to the performance by Lessor of any of its obligations pursuant to any Lease, Lessee shall deliver to Lessor the following:
(i) A fully completed Schedule, executed by Lessee;
(ii) An Acquisition Fund Agreement, executed by Lessee and the Acquisition Fund Custodian, unless Lessor pays 100% of the Acquisition Amount directly to the Vendor upon execution of the Lease;
(iii) A Certificate executed by the Clerk or Secretary or other comparable officer of Lessee, in substantially the form attached hereto as Exhibit C, completed to the satisfaction of Lessor;
(iv) A certified copy of a resolution, ordinance or other official action of Lessee's governing body authorizing the execution and delivery of this Lease and performance by Lessee of its obligations hereunder;
(v) An opinion of counsel to Lessee in substantially the form attached hereto as Exhibit D respecting such Lease and otherwise satisfactory to Lessor; (vi) Evidence of insurance as required by Section 7.02 hereof; (vii) All documents, including financing statements, affidavits, notices and similar instruments, in form satisfactory to Lessor, which Lessor deems necessary or appropriate at that time pursuant to Section 6.02;
(viii) A copy of a fully completed and executed Form 8038-G; (ix) If any Equipment units are motor vehicles, properly completed certificates of title for such vehicles; and
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(x) Such other items, if any, as are set forth in such Lease or are reasonably required by Lessor.
(b) In addition, the performance by Lessor of any of its obligations pursuant to any Lease shall be subject to: (i) no material adverse change in the financial condition of Lessee since the date of this Lease, (ii) no Event of Default having occurred, and (iii) if no Acquisition Fund has been established, the Equipment must be accepted by Lessee no later than the date listed as the Utilization Period Expiration in the applicable Schedule. ( c) Subject to satisfaction of the foregoing, Lessor will pay the Acquisition Amount for Equipment described in a Schedule to the Vendor or, if authorized by Lessee's governing body, will reimburse Lessee for the prior payment of any such Acquisition Amounts by Lessee to the Vendor, upon receipt of the documents described in Sections 5.0l(a) and (b); or if an Acquisition Fund has been established pursuant to an Acquisition Fund Agreement, Lessor will deposit the Acquisition Amount for Equipment described in the Schedule with the Acquisition Fund Custodian.
( d) This Agreement is not a commitment by Lessor to enter into any Lease not currently in existence, and nothing in this Agreement shall be construed to impose any obligation upon Lessor to enter into any proposed Lease, it being understood that whether Lessor enters into any proposed Lease shall be a decision solely within Lessor's discretion. ( e) Lessee will cooperate with Lessor in Lessor's review of any proposed Lease.
Without limiting the foregoing, Lessee will provide Lessor with any documentation or information Lessor may request in connection with Lessor's review of any proposed Lease.
Such documentation may include, without limitation, documentation concerning the Equipment and its contemplated use and location and documentation or information concerning the financial status of Lessee and other matters related to Lessee.
ARTICLE IV
Section 4. 01. Rental Payments. Subject to Section 3.03, Lessee shall promptly pay Rental Payments, in lawful money of the United States of America, to Lessor on the dates and in such amounts as provided in each Lease. Lessee shall pay Lessor a charge on any Rental Payment not paid on the date such payment is due at a rate equal to the Contract Rate plus 5% per annum or the maximum amount permitted by law, whichever is less, from such date. Lessee shall not permit the federal government to guarantee any Rental Payments under any Lease.
Rental Payments consist of principal and interest payments as more fully detailed on each Schedule, the interest on which begins to accrue as of the Commencement Date for each such Schedule.
Section 4. 02. Interest and Principal Components. A portion of each Rental Payment is paid as, and represents payment of, interest, and the Balance of each Rental Payment is paid as, and represents payment of, principal. Each Lease shall set forth the principal and interest components of each Rental Payment payable thereunder during the Lease Term.
Section 4. 03. Rental Payments to Constitute a Current Expense of Lessee. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments under each 131
Lease shall constitute a current expense of Lessee payable solely from its general fund or other funds that are legally available for that purpose and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained herein or in a Lease constitute a pledge of the general tax revenues, funds or moneys of Lessee.
Section 4.04. Rental Payments to be Unconditional. Except as provided in Section 3.03, the obligations of Lessee to make Rental Payments and to perform and observe the other covenants and agreements contained in each Lease shall be absolute and unconditional in all events without abatement, diminution, deduction, set-off or defense, for any reason, including without limitation any failure of the Equipment, after it has been accepted by Lessee, any defects, malfunctions, breakdowns or infirmities in the Equipment or any accident, condemnation or unforeseen circumstances.
Section 4. 05. Tax Covenants.
(a) Lessee agrees that it will not take any action that would cause the interest component of Rental Payments to be or to become ineligible for the exclusion from gross income of the owner or owners thereof for federal income tax purposes, nor will it omit to take or cause to be taken, in timely manner, any action, which omission would cause the interest component of Rental Payments to be or to become ineligible for the exclusion from gross income of the owner or owners thereof for federal income tax purposes.
(b) In the event that Lessee does not spend the moneys in the Acquisition Fund within six (6) months of the date the deposit is made pursuant to Section 3.04(c), Lessee will, ifrequired by section 148(f) of the Code to pay rebate: (i) establish a Rebate Account and deposit the Rebate Amount (as defined in Section 1.148-3(b) of the Federal Income Tax Regulations) not less frequently than once per year after the applicable Commencement Date; and (ii) rebate to the United States, not less frequently than once every five (5) years after the applicable Commencement Date, an amount equal to at least 90% of the Rebate Amount and within 60 days after payment of all Rental Payments or the Purchase Price as provided in Section 10.0l(a) hereof, 100% of the Rebate Amount, as required by the Code and any regulations promulgated thereunder. Lessee shall determine the Rebate Amount, if any, at least every year and upon payment of all Rental Payments or the Purchase Price and shall maintain such determination, together with any supporting documentation required to calculate the Rebate Amount, until six ( 6) years after the date of the final payment of the Rental Payments or the Purchase Price.
Section 4. 06. Event of Taxability. Upon the occurrence of an Event of Taxability, the interest component shall be at a Taxable Rate retroactive to the date as of which the interest component is determined by the Internal Revenue Service to be includible in the gross income of the owner or owners thereof for federal income tax purposes, and Lessee will pay such additional amount as will result in the owner receiving the interest component at the Taxable Rate identified in the related Lease.
For purposes of this Section, "Event of Taxability" means a determination that the interest component is includible for federal income tax purposes in the gross income of the owner thereof due to Lessee's action or failure to take any action. 132
Section 4. 07. Mandatory Prepayment. If the Lease Proceeds are deposited into an Acquisition Fund, any funds remaining in the Acquisition Fund on or after the Acquisition Period and not applied to Equipment Costs, shall be applied by Lessor on the next Rental Payment date, pro rata to the prepayment of the principal component of the outstanding Rental Payments due under the applicable Schedule.
ARTICLEV
Section 5.01. Delivery, Installation and Acceptance of Equipment. (a) Lessee shall order the Equipment, cause the Equipment to be delivered and installed at the location specified in the Leases and pay any and all delivery and installation costs and other Equipment Costs in connection therewith. When the Equipment listed in any Lease has been delivered and installed, Lessee shall promptly accept such Equipment and evidence said acceptance by executing and delivering to Lessor an Acceptance Certificate in the form attached hereto as Exhibit E.
(b) Lessee shall deliver to Lessor original invoices and bills of sale (if title to such Equipment has passed to Lessee) relating to each item of Equipment accepted by Lessee. With respect to Equipment not purchased through an Acquisition Fund, Lessor shall, upon receipt of an Acceptance Certificate from Lessee, prepare a Schedule of Property and Rental Payment Schedule in the forms attached hereto as Exhibits B-1 and B-2. Lessee shall execute and deliver such Schedules to Lessor within 5 business days of receipt.
Section 5. 02. Quiet Enjoyment of Equipment. So long as Lessee is not in default under the related Lease, neither Lessor nor any entity claiming by, through or under Lessor, shall interfere with Lessee's quiet use and enjoyment of the Equipment during the Lease Term.
Section 5. 03. Location; Inspection. Once installed, no item of the Equipment will be relocated from the base location specified for it in the Lease on which such item is listed without Lessor's consent, which consent shall not be unreasonably withheld. Lessor shall have the right at all reasonable times during regular business hours to enter into and upon the property of Lessee for the purpose of inspecting the Equipment.
Section 5. 04. Use and Maintenance of the Equipment. Lessee will not install, use, operate, or maintain the Equipment improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by the related Lease. Lessee shall provide all permits and licenses, if any, necessary for the installation and operation of the Equipment. In addition, Lessee agrees to comply in all respects with all applicable laws, regulations and rulings of any legislative, executive, administrative, or judicial body; provided that Lessee may contest in good faith the validity or application of any such law, regulation or ruling in any reasonable manner that does not, in the opinion of Lessor, adversely affect the interest (including the reversionary interest) of Lessor in and to the Equipment or its interest or rights under the Lease.
Lessee agrees that it will maintain, preserve, and keep the Equipment in good repair and working order, in a condition comparable to that recommended by the manufacturer. Lessor shall have no responsibility to maintain, repair or make improvements or additions to the Equipment. In all cases, Lessee agrees to pay any costs necessary for the manufacturer to re- 133
certify the Equipment as eligible for manufacturer's maintenance upon the return of the Equipment to Lessor as provided for herein.
Lessee shall not alter any item of Equipment or install any accessory, equipment or device on an item of Equipment if that would impair any applicable warranty, the originally intended function or the value of that Equipment. All repairs, parts, accessories, equipment and devices furnished, affixed to or installed on any Equipment, excluding temporary replacements, shall thereupon become subject to the security interest of Lessor.
ARTICLE VI
Section 6.01. Title to the Equipment. During each Lease Term, and so long as Lessee is not in default under Article XII hereof, all right, title and interest in and to each item of the Equipment shall be vested in Lessee immediately upon its acceptance of each item of Equipment, subject to the terms and conditions of the applicable Lease. Lessee shall at all times protect and defend, at its own cost and expense, its title in and to the Equipment from and against all claims, liens and legal processes of its creditors, and keep all Equipment free and clear of all such claims, liens and processes. Upon the occurrence of an Event of Default or upon termination of a Lease pursuant to Section 3.03 hereof, full and unencumbered legal title to the Equipment shall pass to Lessor, and Lessee shall have no further interest therein. In addition, upon the occurrence of such an Event of Default or such termination, Lessee shall execute and deliver to Lessor such documents as Lessor may request to evidence the passage of such legal title to Lessor and the termination of Lessee's interest therein, and upon request by Lessor shall deliver possession of the Equipment to Lessor in accordance with Section 12.02. Upon purchase of the Equipment under a Lease by Lessee pursuant to Section 10.01, Lessor's security interest or other interest in the Equipment shall terminate, and Lessor shall execute and deliver to Lessee such documents as Lessee may request to evidence the termination of Lessor's security interest in the Equipment subject to the related Lease.
Section 6. 02. Security Interest. To secure the payment of all of Lessee's obligations under each Lease, upon the execution of such Lease, Lessee grants to Lessor a security interest constituting a first lien on (a) the Equipment applicable to such Lease, (b) moneys and invest ments held from time to time in the Acquisition Fund and ( c) any and all proceeds of any of the foregoing. Lessee agrees to execute and authorizes Lessor to file such notices of assignment, chattel mortgages, financing statements and other documents, in form satisfactory to Lessor, which Lessor deems necessary or appropriate to establish and maintain Lessor's security interest in the Equipment, the Acquisition Fund and the proceeds thereof.
Section 6. 03. Personal Property. The Equipment is and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building thereon. Upon the request of Lessor, Lessee will, at Lessee's expense, furnish a waiver of any interest in the Equipment from any party having an interest in any such real estate or building. 134
ARTICLE VII
Section 7. OJ. Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee shall keep the Equipment free of all levies, liens, and encumbrances except those created by each Lease. The parties to this Agreement contemplate that the Equipment will be used for a govern mental or proprietary purpose of Lessee and that the Equipment will therefore be exempt from all property taxes. If the use, possession or acquisition of any Equipment is nevertheless determined to be subject to taxation, Lessee shall pay when due all taxes and governmental charges lawfully assessed or levied against or with respect to such Equipment. Lessee shall pay all utility and other charges incurred in the use and maintenance of the Equipment. Lessee shall pay such taxes or charges as the same may become due; provided that, with respect to any such taxes or charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such installments as accrue during each Lease Term.
Section 7.02. Insurance. Lessee shall during each Lease Term maintain or cause to be maintained (a) casualty insurance naming Lessor and its assigns as loss payee and insuring the Equipment against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State, and any other risks reasonably required by Lessor, in an amount at least equal to the then applicable Purchase Price of the Equipment; (b) liability insurance naming Lessor as additional insured that protects Lessor from liability in all events in form and amount satisfactory to Lessor; and (c) worker's compensation coverage as required by the laws of the State; provided that, with Lessor's prior written consent, Lessee may self-insure against the risks described in clause (a). Lessee shall furnish to Lessor evidence of such insurance or self-insurance coverage throughout each Lease Term. Lessee shall not cancel or modify such insurance or self-insurance coverage in any way that would affect the interests of Lessor without first giving written notice thereof to Lessor at least 30 days in advance of such cancellation or modification.
Section 7. 03. Risk of Loss. Whether or not covered by insurance or self-insurance, Lessee hereby assumes all risk of loss of, or damage to and liability related to injury or damage to any persons or property arising from the Equipment from any cause whatsoever, and no such loss of or damage to or liability arising from the Equipment shall relieve Lessee of the obligation to make the Rental Payments or to perform any other obligation under this Lease. Whether or not covered by insurance or self-insurance, Lessee hereby agrees to reimburse Lessor (to the fullest extent permitted by applicable law, but only from legally available funds) for any and all liabilities, obligations, losses, costs, claims, taxes or damages suffered or incurred by Lessor, regardless of the cause thereof and all expenses incurred in connection therewith (including, without limitation, counsel fees and expenses, and penalties connected therewith imposed on interest received) arising out of or as a result of (a) entering into of this Agreement or any of the transactions contemplated hereby, (b) the ordering, acquisition, ownership use, operation, condition, purchase, delivery, acceptance, rejection, storage or return of any item the Equipment, ( c) any accident in connection with the operation, use, condition, possession, storage or return of any item of the Equipment resulting in damage to property or injury to or death to any person, and/or ( d) the breach of any covenant of Lessee in connection with a Lease or any material misrepresentation provided by Lessee in connection with a Lease. The provisions of this paragraph shall continue in full force and effect notwithstanding the full payment of all 135
obligations under all Leases or the termination of the Lease Term under any Lease for any reason.
Section 7. 04. Advances, In the event Lessee shall fail to keep the Equipment in good repair and working order, Lessor may, but shall be under no obligation to, maintain and repair the Equipment and pay the cost thereof. All amounts so advanced by Lessor shall constitute additional rent for the then current Original Term or Renewal Term and Lessee covenants and agrees to pay such amounts so advanced by Lessor with interest thereon from the due date until paid at a rate equal to the Contract Rate plus 5% per annum or the maximum amount permitted by law, whichever is less.
ARTICLE VIII
Section 8.01. Damage, Destruction and Condemnation. Unless Lessee shall have exercised its option to purchase the Equipment by making payment of the Purchase Price as provided in the related Lease, if, prior to the termination of the applicable Lease Term, (a) the Equipment or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other casualty or (b) title to, or the temporary use of, the Equipment or any part thereof shall be taken under the exercise or threat of the power of eminent domain by any governmental body or by any person, firm or corporation acting pursuant to governmental authority, Lessee and Lessor will cause the Net Proceeds of any insurance claim or condemnation award or sale under threat of condemnation to be applied to the prompt replacement, repair, restoration, modification or improvement of the Equipment. Any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee.
If Lessee elects to replace any item of the Equipment (the "Replaced Equipment") pursuant to this Section, the replacement equipment (the "Replacement Equipment") shall be of similar type, utility and condition to the Replaced Equipment and shall be of equal or greater value than the Replaced Equipment. Lessor shall receive a first priority security interest in any such Replacement Equipment. Lessee shall represent, warrant and covenant to Lessor that each item of Replacement Equipment is free and clear of all claims, liens, security interests and encumbrances, excepting only those liens created by or through Lessor, and shall provide to Lessor any and all documents as Lessor may reasonably request in connection with the replacement, including, but not limited to, documentation in form and substance satisfactory to Lessor evidencing Lessor's security interest in the Replacement Equipment. Lessor and Lessee hereby acknowledge and agree that any Replacement Equipment acquired pursuant to this paragraph shall constitute "Equipment" for purposes of this Agreement and the related Lease.
Lessee shall complete the documentation of Replacement Equipment on or before the next Rental Payment date after the occurrence of a casualty event, or be required to exercise the Purchase Option with respect to the damaged equipment.
For purposes of this Article, the term "Net Proceeds" shall mean the amount remaining from the gross proceeds of any insurance claim or condemnation award or sale under threat of condemnation after deducting all expenses, including attorneys' fees, incurred in the collection thereof.
136
Section 8. 02. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in Section 8.01, Lessee shall either (a) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds, or (b) pay or cause to be paid to Lessor the amount of the then applicable Purchase Price for the Equipment, and, upon such payment, the applicable Lease Term shall terminate and Lessor's security interest in the Equipment shall terminate as provided in Section 6.01 hereof. The amount of the Net Proceeds, if any, remaining after completing such repair, restoration, modification or improvement or after purchasing such Equipment and such other Equipment shall be retained by Lessee. If Lessee shall make any payments pursuant to this Section, Lessee shall not be entitled to any reimbursement therefor from Lessor nor shall Lessee be entitled to any diminution of the amounts payable under Article IV.
ARTICLE IX
Section 9. 01. Disclaimer of Warranties. Lessor makes no warranty or representation, either express or implied, as to the value, design, condition, merchantability or fitness for particular purpose or fitness for use of the Equipment, or any other warranty or representation, express or implied, with respect thereto and, as to Lessor, Lessee's acquisition of the Equipment shall be on an "as is" basis. In no event shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement, any Lease, the Equipment or the existence, furnishing, functioning or Lessee's use of any item, product or service provided for in this Agreement or any Lease.
Section 9. 02. Vendor's Warranties. Lessor hereby irrevocably appoints Lessee its agent and attorney-in-fact during each Lease Term, so long as Lessee shall not be in default under the related Lease, to assert from time to time whatever claims and rights (including without limitation warranties) relating to the Equipment that Lessor may have against Vendor. Lessee's sole remedy for the breach of such warranty, indemnification or representation shall be against Vendor of the Equipment, and not against Lessor. Any such matter shall not have any effect whatsoever on the rights and obligations of Lessor with respect to any Lease, including the right to receive full and timely payments under a Lease. Lessee expressly acknowledges that Lessor makes, and has made, no representations or warranties whatsoever as to the existence or the availability of such warranties relating to the Equipment.
ARTICLEX
Section 10.01. Purchase Option. Lessee shall have the option to purchase all of the Equipment listed in a Lease, at the following times and upon the following terms:
(a) From and after the date specified in the related Schedule (the "Purchase Option Commencement Date"), on the Rental Payment dates specified in each Lease, upon not less than 30 days' prior written notice, and upon payment in full of the Rental Payments then due under such Lease plus the then applicable Purchase Price, which may include a prepayment premium on the unpaid balance as set forth in the applicable Schedule; or 137
(b) In the event of substantial damage to or destruction or condemnation of substantially all of the Equipment listed in a Lease, on the day specified in Lessee's notice to Lessor of its exercise of the purchase option (which shall be the earlier of the next Rental Payment date or 60 days after the casualty event) upon payment in full to Lessor of the Rental Payments then due under such Lease plus the then applicable Purchase Price; or ( c) Upon the expiration of the Lease Term, upon payment in full of all Rental Payments then due and all other amounts then owing under the Lease, and the payment of $1. 00 to Lessor.
After payment of the applicable Purchase Price, Lessee will own the related Equipment, and Lessor's security interests in and to such Equipment will be terminated.
ARTICLE XI
Section 11.01. Assignment by Lessor.
(a) Lessor's right, title and interest in and to Rental Payments and any other amounts payable by Lessee under any and all of the Leases, its security interest in the Equipment subject to each such Lease, and all proceeds therefrom may be assigned and reassigned in whole or in part to one or more assignees or subassignees by Lessor, without the necessity of obtaining the consent of Lessee; provided, that any such assignment, transfer or conveyance to a trustee for the benefit of owners of certificates of participation shall be made in a manner that conforms to any applicable State law. Nothing in this Section 11.01 shall be construed, however, to prevent Lessor from executing any such assignment, transfer or conveyance that does not involve funding through the use of certificates of participation within the meaning of applicable State law, including any such assignment, transfer or conveyance as part of a multiple asset pool to a partnership or trust; provided such certificates are sold only on a private placement basis ( and not pursuant to any "public offering") to a purchaser(s) who represent that (i) such purchaser has sufficient knowledge and experience in financial and business matters to be able to evaluate the risks and merits of the investment, (ii) such purchaser understands neither the Lease nor certificates will be registered under the Securities Act of 1933, (iii) such purchaser is either an "accredited investor" within the meaning of Regulation D under the Securities Act of 1933, or a qualified institutional buyer within the meaning of Rule 144A, and (iv) it is the intention of such purchaser to acquire such certificates (A) for investment for its own account or (B) for resale in a transaction exempt from registration under the Securities Act of 193 3; provided further, that in any event, Lessee shall not be required to make Rental Payments, to send notices or to otherwise deal with respect to matters arising under a Lease with or to more than one individual or entity. (b) Unless to an affiliate controlling, controlled by or under common control with Lessor, no assignment, transfer or conveyance permitted by this Section 11.01 shall be effective until Lessee shall have received a written notice of assignment that discloses the name and address of each such assignee; provided, that if such assignment is made to a bank or trust company as trustee or paying agent for owners of certificates of participation, trust certificates or partnership interests with respect to the Rental Payments payable under a Lease, it shall thereafter be sufficient that Lessee receives notice of the name and address of the bank or trust company as trustee or paying agent. During each Lease Term, Lessee shall keep, or cause to be 138
kept, a complete and accurate record of all such assignments in form necessary to comply with Section 149 of the Code. Lessee shall retain all such notices as a register of all assignees and shall make all payments to the assignee or assignees designated in such register. Lessee shall not have the right to and shall not assert against any assignee any claim, counterclaim or other right Lessee may have against Lessor or the Vendor. Assignments in part may include without limitation assignment of all of Lessor's security interest in and to the Equipment listed in a particular Lease and all rights in, to and under the Lease related to such Equipment. The option granted in this Section may be separately exercised from time to time with respect to the Equipment listed in each Lease, but such option does not permit the assignment of less than all of Lessor's interests in the Equipment listed in a single Lease. ( c) If Lessor notifies Lessee of its intent to assign the Lease, Lessee agrees that it shall execute and deliver to Lessor a Notice and Acknowledgement of Assignment substantially in the form of Exhibit F attached to this Lease within five (5) business days after its receipt of such request.
Section 11.02. Assignment and Subleasing by Lessee. None of Lessee's right, title, and interest in, to and under any Lease or any portion of the Equipment may be assigned or encum bered by Lessee for any reason.
ARTICLE XII
Section 12. 0 I. Events of Default Defined. Any of the following events shall constitute an "Event of Default" under a Lease:
(a) Failure by Lessee to pay any Rental Payment or other payment required to be paid under any Lease within 10 days of the date when due as specified herein; (b) Failure by Lessee to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in subparagraph (a) above, for a period of 30 days after written notice specifying such failure and requesting that it be remedied is given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time prior to its expiration; provided that, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected;
( c) Any statement, representation or warranty made by Lessee in or pursuant to any Lease or its execution, delivery or performance shall prove to have been false, incorrect, misleading, or breached in any material respect on the date when made; (d) Any default occurs under any other agreement for borrowing money, lease financing of property or otherwise receiving credit under which Lessee is an obligor under which there is outstanding, owing or committed an aggregate amount of at least 10% of Lessee's aggregate current long- and short-term indebtedness, if such default consists of (i) the failure to pay any indebtedness when due or (ii) the failure to perform any other obligation thereunder and gives the holder of the indebtedness the right to accelerate the indebtedness; 139
( e) Lessee shall (i) apply for or consent to the appointment of a receiver, trustee, custodian or liquidator of Lessee, or of all or a substantial part of the assets of Lessee, (ii) be unable, fail or admit in writing its inability generally to pay its debts as they become due, (iii) make a general assignment for the benefit of creditors, (iv) have an order for relief entered against it under applicable federal bankruptcy law, or (v) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors or taking advantage of any insolvency law or any answer admitting the material allegations of a petition filed against Lessee in any bankruptcy, reorganization or insolvency proceeding; or (f) An order, judgment or decree shall be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator or Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval or consent, and such order, judgment or decree shall continue unstayed and in effect for any period of 30 consecutive days.
Section 12. 02. Remedies on Default. Whenever any Event of Default exists, Lessor shall have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps:
(a) By written notice to Lessee, Lessor may declare all Rental Payments payable by Lessee pursuant to such Lease and other amounts payable by Lessee under such Lease to the end of the then current Original Term or Renewal Term to be due; (b) With or without terminating the Lease Term under such Lease, Lessor may enter the premises where the Equipment listed in such Lease is located and retake possession of such Equipment or require Lessee at Lessee's expense to promptly return any or all of such Equipment to the possession of Lessor at such place within the United States as Lessor shall specify, and sell or lease such Equipment or, for the account of Lessee, sublease such Equipment, continuing to hold Lessee liable, but solely from legally available funds, for the difference between (i) the Rental Payments payable by Lessee pursuant to such Lease and other amounts related to such Lease or the Equipment listed therein that are payable by Lessee to the end of the then current Original Term or Renewal Term, as the case may be, and (ii) the net proceeds of any such sale, leasing or subleasing (after deducting all expenses of Lessor in exercising its remedies under such Lease, including without limitation all expenses of taking possession, storing, reconditioning and selling or leasing such Equipment and all brokerage, auctioneer's and attorney's fees), subject, however, to the provisions of Section 3.03. The exercise of any such remedies respecting any such Event of Default shall not relieve Lessee of any other liabilities under any other Lease or the Equipment listed therein; and ( c) Lessor may take whatever action at law or in equity may appear necessary or desirable to enforce its rights under such Lease or as a secured party in any or all of the Equipment subject to such Lease.
Section 12.03. No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under a Lease now or hereafter existing at law or in equity.
No delay or omission to exercise any right or power accruing upon any default shall impair any 140
such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it in this Article it shall not be necessary to give any notice other than such notice as may be required in this Article.
Section 12. 04. Application of Moneys. Any net proceeds from the exercise of any remedy under this Agreement, including the application specified in Section 12.02(b)(ii) (after deducting all expenses of Lessor in exercising such remedies including without limitation all expenses of taking possession, storing, reconditioning and selling or leasing Equipment and all brokerage, auctioneer's or attorney's fees), shall be applied as follows:
(a) If such remedy is exercised solely with respect to a single Lease, Equipment listed in such Lease or rights thereunder, then to amounts due pursuant to such Lease and other amounts related to such Lease or such Equipment.
(b) If such remedy is exercised with respect to more than one Lease, Equipment listed in more than one Lease or rights under more than one Lease, then to amounts due pursuant to such Leases pro rata.
ARTICLE XIII
Section 13. 01. Notices. All notices, certificates or other communications under any Lease shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, or delivered by overnight courier, or sent by facsimile transmission (with electronic confirmation) to the parties hereto at the addresses immediately after the signatures to this Agreement ( or at such other address as either party hereto shall designate in writing to the other for notices to such party) and to any assignee at its address as it appears on the registration books maintained by Lessee.
Section 13. 02. Binding Effect. Each Lease shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns.
Section 13. 03. Severability. In the event any provision of any Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.
Section 13. 04. Amendments, Changes and Modifications. This Agreement and each Lease may only be amended by Lessor and Lessee in writing.
Section 13. 05. Execution in Counterparts. This Agreement and each Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
Section 13. 06. Applicable Law. This Agreement and each Lease shall be governed by and construed in accordance with the laws of the State. 141
Section 13. 07. Captions. The captions or headings in this Agreement and in each Lease are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement or any Lease.
142
IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized representatives as of the date first above written.
LESSOR:
Banc of America Public Capital Corp~
555 California Street, 4th Floor
San Francisco, California 94104
Attention: Contract Administration
Fax No.: (415) 765-7373
By:
Name:-U~.,,_:
Title:
LESSEE:
City of Oxnard, California
300 West Third Street, Suite 302
Oxnard, California 93030
Attention: Rena Bassett
Fax No.:
By:
Name: -------------
Title:
(Seal)
Attest:
By:
Name: -------------
Title:
List of Exhibits
Exhibit A -
Exhibit B-1 -
Exhibit B-2 -
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Acquisition Fund and Account Control Agreement
Schedule of Property
Rental Payment Schedule
Certificate
Opinion of Counsel Form
Acceptance Certificate
Notice and Acknowledgement of Assignment
143
IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized representatives as of the date first above written.
LESSOR:
Banc of America Public Capital Corp.
555 California Street, 4th Floor
San Francisco, California 94104
Attention: Contract Administration
Fax No.: (415) 765-7373
By:
Name: --------------
Title:
LESSEE:
City of Oxnard, California
300 West Third Street, Suite 302
Oxnard, California 93030
Attention: Rena Bassett
Fax No.:
By:
Name: Carmen Ramirez,
Title: Mayor Pro Tem
(Seal)
Attest:
/J
By: (~:JW4-r1~~
Name: ~·~1a_:=e=s~C=am=e=r~o~n~------
Title: Chief Financial Officer
List of Exhibits
Exhibit A -
Exhibit B-1 -
Exhibit B-2 -
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Acquisition Fund and Account Control Agreement
Schedule of Property
Rental Payment Schedule
Certificate
Opinion of Counsel Form
Acceptance Certificate
Notice and Acknowledgement of Assignment
144
EXHIBIT A
ACQUISITION FUND AND ACCOUNT CONTROL AGREEMENT
(Will be provided upon request)
#765386vlA (BAPCC/Gov't Entity Master Lease) A-1
145
EXHIBITB-1
SCHEDULE OF PROPERTY No.
Re: Master Equipment Lease/Purchase Agreement, dated as of April 8, 2014, between Banc of America Public Capital Corp., as Lessor, and City of Oxnard, California, as Lessee
l. Defined Terms. All terms used herein have the meanings ascribed to them in the above-referenced Master Equipment Lease/Purchase Agreement (the "Master Equipment Lease").
2. Equipment. The following items of Equipment are hereby included under this Schedule of the Master Equipment Lease.
Quantity Description Serial No. Model No. Location
3. Payment Schedule.
(a) Rental Payments. The Rental Payments shall be in such amounts and payable on such dates as set forth in the Rental Payment Schedule attached to this Schedule as Exhibit __ . Rental Payments shall commence on the date on which the Equipment listed in this Schedule is accepted by Lessee, as indicated in an Acceptance Certificate substantially in the form of Exhibit E to the Master Equipment Lease or the date on which sufficient moneys to purchase the Equipment are deposited for that purpose with an Acquisition Fund Custodian, whichever is earlier.
(b) Purchase Price Schedule. The Purchase Price on each Rental Payment date for the Equipment listed in this Schedule shall be the amount set forth for such Rental Payment date in the "Purchase Price" column of the Rental Payment Schedule attached to this Schedule. The Purchase Price is in addition to all Rental Payments then due under this Schedule (including the Rental Payment shown on the same line in the Rental Payment Schedule).
4. Representations, Warranties and Covenants. Lessee hereby represents, warrants and covenants that its representations, warranties and covenants set forth in the Master Equipment Lease are true and correct as though made on the date of commencement of Rental Payments on this Schedule. Lessee further represents and warrants that (a) no material adverse change in Lessee's financial condition has occurred since the date of the Master Equipment Lease; (b) the governing body of Lessee has authorized the execution and delivery of this #765386v1A (BAPCC/Gov't Entity Master Lease) B-1-1
146
Agreement and the Leases pursuant to [Resolution No. [Ordinance No. ------~' approved on , 20 __ ; ( c) the Equipment described in the Agreement referenced above is essential to the functions of Lessee or to the services Lessee provides its citizens; ( d) lessee has an immediate need for, and expects to make immediate use of, substantially all such Equipment, which will be used by Lessee only for the purpose of performing one or more of Lessee's governmental or proprietary functions consistent with the permissible scope of its authority; and (f) Lessee expects and anticipates adequate funds to be available for all future payments or rent due after the current budgetary period.
5. The Lease. The terms and provisions of the Master Equipment Lease (other than to the extent that they relate solely to other Schedules or Equipment listed on other Schedules) are hereby incorporated into this Schedule by reference and made a part hereof. [OPTION: IF ACQUISITION FUND AGREEMENT IS USED:
6. Lease Proceeds. The Lease Proceeds which Lessor shall pay to the Acquisition Fund Custodian in connection with this Schedule is $ , of which $ ----- is for deposit to the Expense Fund and the balance is for deposit to the Acquisition Fund. It is expected that by [six (6)] [twelve (12)] [eighteen (18)] months from the date of this Schedule No. _____ , Lessee will have taken possession of all items of Equipment shown above and that a Lessee's Acceptance Certificate, or Acceptance Certificates, will be signed by Lessee and delivered to Lessor on or before [six (6)] [twelve (12)] [eighteen (18)] months from the date of this Schedule No. ----
OR IF VENDOR PAID DIRECTLY USE:
6. Acquisition Amount. The Acquisition Amount for the Equipment described in this Schedule to be paid to the Vendor is $ . ]
[OPTION: IF ACQUISITION FUND AGREEMENT IS USED:
7. Acquisition Period. The Acquisition Period applicable to this Schedule shall end at the conclusion of the month following the date hereof.] [7][8]. Lease Term. The Lease Term shall consist of the Original Term and __ consecutive Renewal Terms, with the final Renewal Term ending on ____ _ [8][9]. Purchase Option Commencement Date. For purposes of Section 10.01 of the Lease, the Purchase Option Commencement Date is ______ _ [OPTION: IF NO ACQUISITION FUND AGREEMENT IS USED:
[9][10]. Utilization Period Expiration. The Utilization Period Expiration 1s _______ .]
[10][1 l]. Maximum Equipment Cost. The Maximum Equipment Cost approved on a cumulative basis under the Lease for this Schedule and all previous Schedules is $ --------
[11 ][12]. Contract Rate. The Contract Rate for this Sch.edule is ____ %. #765386vlA (BAPCC/Gov't Entity Master Lease) B-1-2
147
[OPTION: IF MOTOR VEHICLES ARE BEING FINANCED:
[12][13]. Registration. Any Equipment that is a motor vehicle is to be registered and titled as follows:
Any Equipment that is a motor vehicle is to be registered and titled as follows:
(a) Registered Owner: City of Oxnard, California
(b) Lienholder: Banc of America Public Capital Corp.
555 California Street, 4th Floor
Mail Code CA5-705-04-01
San Francisco, California 94104
Lessee shall be responsible for the correct titling of all Equipment leased hereunder.
Lessee will cause the original Certificates of Title to be delivered to Lessor for retention in Lessor's files throughout the term of the Lease.
Dated: -------------
LESSOR:
Banc of America Public Capital Corp.
555 California Street, 4th Floor
San Francisco, California 94104
Attention: Contract Administration
By:
Name: -------------
Title:
LESSEE:
City of Oxnard, California
300 West Third Street, Suite 302
Oxnard, California 93030
Attention: Rena Bassett
EXHIBIT ONLY-DO NOT EXECUTE
By:
Name:
Title:
(Seal)
Attest:
By:
Name:
Title:
-------------
-------------
Counterpart No. __ of __ manually executed and serially numbered counterparts.
To the extent that this Lease constitutes chattel paper (as defined in the Uniform Commercial Code), no security interest herein may be created through the transfer or possession of any Counterpart other than Counterpart No. 1.
#765386vlA (BAPCC/Gov't Entity Master Lease) B-1-3
148
EXHIBITB-2
RENT ALP A YMENT SCHEDULE
Purchase
Rental Rental Interest Principal Outstanding Price
Payment Payment Portion Portion Balance [excluding
Date Amount Prepayment
Premium]
Prepayment Premium for purposes of Section 10.0l(a) is __ _.[=in=s=ert:...c....=-.fo=r=m=u=la=] __ _ For purposes of this Lease, "Taxable Rate," with respect to the interest component of Rental Payments, means an annual rate of interest equal to __ %. #765386v1A (BAPCC/Gov't Entity Master Lease) B-2-1
LESSEE:
City of Oxnard, California
EXHIBIT ONLY-DO NOT EXECUTE
By:
Name: -------------
Title:
149
EXHIBITC
CERTIFICATE
The undersigned, a duly elected and acting _______ _ [Secretary] [City Clerk] of City of Oxnard, California ("Lessee") certifies as follows:
A. The following listed persons are duly elected and acting officials of Lessee (the "Officials") in the capacity set forth opposite their respective names below and that the facsimile signatures are true and correct as of the date hereof;
B. The Officials are duly authorized, on behalf of Lessee, to negotiate, execute and deliver the Master Equipment Lease/Purchase Agreement dated as of April 8, 2014 and the Schedule(s) thereunder and all future Schedule(s) (the "Agreements") by and between Lessee and Banc of America Public Capital Corp., and these Agreements are binding and authorized Agreements of Lessee, enforceable in all respects in accordance with their terms.
Name of Official Title
Dated:-------------
Signature
EXHIBIT ONLY-DO NOT EXECUTE
By:
Name: -------------
Title:
(The signer certifying this Certificate cannot be listed above as authorized to execute the Agreements.)
#765386vlA (BAPCC/Gov't Entity Master Lease) C-1
150
EXHIBITD
OPINION OF COUNSEL TO LESSEE
(to be typed on letterhead of counsel)
Banc of America Public Capital Corp.
555 California Street, 4th Floor
San Francisco, California 94104
Re: Schedule of Property No. , dated , to Master
Equipment Lease/Purchase Agreement, dated as of April 8, 2014, between Banc of America Public Capital Corp., as Lessor, and City of Oxnard, California, as Lessee
Ladies and Gentlemen:
As legal counsel to City of Oxnard, California ("Lessee"), I have examined (a) an executed counterpart of a certain Master Equipment Lease/Purchase Agreement, dated as of April 8, 2014, and Exhibits thereto by and between Banc of America Public Capital Corp . . ("Lessor") and Lessee (the "Agreement") and an executed counterpart of Schedule of Property No. , dated , by and between Lessor and Lessee (the
"Schedule"), which, among other things, provides for the lease of certain property listed in the Schedule (the "Equipment") and a certain Acquisition Fund and Account Control Agreement among Lessor, Lessee, and as Acquisition Fund
Custodian, dated , (b) an executed counterpart of the ordinances or resolutions of Lessee which, among other things, authorize Lessee to execute the Agreement and the Schedule and ( c) such other opinions, documents and matters of law as I have deemed necessary in connection with the following opinions. The Schedule and the terms and provisions of the Agreement incorporated therein by reference together with the Rental Payment Schedule attached to the Schedule are herein referred to collectively as the "Lease", and the Lease and the Acquisition Fund and Account Control Agreement are referred to collectively as the "Transaction Documents."
Based on the foregoing, I am of the following opinions:
1. Lessee is a public body corporate and politic, duly organized and existing under the laws of the State, and [has a substantial amount of the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, and ( c) police power] [is a political subdivision of a state within the meaning of Section 103( c) of the Internal Revenue Code of 1986, as amended (the "Code") and the obligations of Lessee under the Agreement will constitute an obligation of Lessee within the meaning of Section I03(a) of the Code, notwithstanding Section 103(b) of the Code].
2. Lessee has the requisite power and authority to lease and acquire the Equipment and to execute and deliver the Transaction Documents and to perform its obligations under the Lease.
#765386vlA (BAPCC/Gov't Entity Master Lease) D-1
151
3. The Lease has been duly authorized, approved, executed and delivered by and on behalf of Lessee and the Transaction Documents are valid and binding obligations of Lessee enforceable in accordance with their respective terms.
4. The authorization, approval, execution and delivery of the Transaction Documents and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all open meeting laws, public bidding laws and all other applicable state or federal laws; and
5. There is no proceeding pending or threatened in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would adversely affect the transactions contemplated by the Transaction Documents or the security interest of Lessor or its assigns, as the case may be, in the Equipment or other collateral thereunder.
[6. The portion of rentals designated as and constituting interest paid by Lessee and received by Lessor is excluded from Lessor's gross income for federal income tax purposes under Section 103 of the Code and is exempt from State of personal income taxes; and such interest is not a specific item of tax preference or other collateral for purposes of the federal individual or corporate alternative minimum taxes.] All capitalized terms herein shall have the same meanings as in the Transaction Documents unless otherwise provided herein. Lessor and its successors and assigns, and any counsel rendering an opinion on the tax-exempt status of the interest components of the Rental Payments, are entitled to rely on this opinion.
Printed Name: Signature:
Firm: Dated:
Address:
Telephone No.:
#765386vlA (BAPCC/Gov't Entity Master Lease) D-2
152
EXHIBITE
ACCEPTANCE CERTIFICATE
Banc of America Public Capital Corp.
555 California Street, 4th Floor
San Francisco, California 94104
Re: Schedule of Property No. , dated , to
Master Equipment Lease/Purchase Agreement, dated as of April 8, 2014, between Banc of America Public Capital Corp., as Lessor, and City of Oxnard, California, as Lessee
Ladies and Gentlemen:
In accordance with the Master Equipment Lease/Purchase Agreement (the "Agreement"), the undersigned Lessee hereby certifies and represents to, and agrees with Lessor as follows:
1. All of the Equipment (as such term is defined in the Agreement) listed in the above-referenced Schedule of Property (the "Schedule") has been delivered, installed and accepted on the date hereof.
2. Lessee has conducted such inspection and/or testing of the Equipment listed in the Schedule as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes.
3. Lessee is currently maintaining the insurance coverage required by Section 7.02 of the Agreement.
4. No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default (as defined in the Agreement) exists at the date hereof.
Date: -------------
(Seal)
#765386vlA (BAPCC/Gov't Entity Master Lease) E-1
LESSEE:
City of Oxnard, California
EXHIBIT ONLY-DO NOT EXECUTE
By:
Name: -------------
Title:
153
EXHIBITF
NOTICE AND ACKNOWLEDGEMENT OF ASSIGNMENT
DATED
---------
BANC OF AMERICA PUBLIC CAPITAL CORP. ("Assignor") hereby gives notice that it has assigned and sold to ("Assignee") all of Assignor's right, title and interest in, to and under [Schedule of Property] No. [ ), dated ~-------~ (the "Lease") to the Master Equipment Lease/Purchase Agreement ( "Equipment Lease") dated as of , between Assignor and ---------- ("Lessee").
For purposes of this Notice and Acknowledgment of Assignment (the "Acknowledgment"), "Lease" means collectively the Lease identified above, together with all exhibits, schedules, addenda and attachments related thereto, and all certifications and other documents delivered in connection therewith. The term "Lease" specifically excludes all other [Schedules of Property] entered into under the Equipment Lease and rental payments other than with respect to the [Schedule of Property] identified above. Each capitalized term used but not defined herein has the meaning set forth in the Equipment Lease described above.
1. Pursuant to the authority of Resolution adopted on
_________ , Lessee hereby acknowledges the effect of the assignment of the Lease and absolutely and unconditionally agrees to deliver to Assignee all rental payments and other amounts coming due under the Lease in accordance with the terms thereof on and after the date of this Acknowledgment.
2. Lessee hereby agrees that: (i) Assignee shall have all the rights of Lessor under the Lease and all related documents, including, but not limited to, the rights to issue or receive all notices and reports, to give all consents or agreements to modifications thereto, to receive title to the equipment in accordance with the terms of the Lease, to declare a default and to exercise all remedies thereunder; and (ii) except as provided in Section [ I of the Lease, the obligations of Lessee to make rental payments and to perform and observe the other covenants and agreements contained in the Lease shall be absolute and unconditional in all events without abatement, diminution, deduction, set-off or defense.
3. Lessee agrees that, as of the date of this Acknowledgment, the following information about the Lease is true, accurate and complete:
Number of Rental Payments Remaining -
Amount of Each Rental Payment
Total Amount of Rents Remaining
Frequency of Rental Payments
#765386v1A (BAPCC/Gov't Entity Master Lease) F-1
$ ______ _
$ -------
154
Next Rental Payment Due
Funds Remaining in Escrow Fund $ ___ _
4. The Lease remains in full force and effect, has not been amended and no nonappropriation or event of default ( or event which with the passage of time or the giving of notice or both would constitute a default) has occurred thereunder.
5. Any inquiries of Lessee related to the Lease and any requests for escrow disbursements, if applicable, and all rental payments and other amounts coming due pursuant to the Lease on and after the date of this Acknowledgment should be remitted to Assignee at the following address ( or such other address as provided to Lessee in writing from time to time by Assignee):
ACKNOWLEDGED AND AGREED:
LESSEE:
[FOR EXHIBIT PURPOSES ONLY]
By:
Name:------------
Title:
ASSIGNOR: BANC OF AMERICA PUBLIC CAPITAL CORP.
[FOR EXHIBIT PURPOSES ONLY]
By:
Name:------------
Title:
#765386v1A (BAPCC/Gov't Entity Master Lease) F-2
155
April 2022 1
EXHIBIT I
Escrow and Account Control Agreement
This Escrow and Account Control Agreement (this “Agreement”), dated as of April 5, 2022 by and among Banc of America Public Capital Corp, a Kansas corporation (together with its successors an d assigns, hereinafter referred to as “Lessor”), the City of Oxnard, California, a municipal corporation organized and existing under the laws of th e State of California (hereinafter ref erred to as “Lessee”) and Bank of Amer ica, National Association, a national banking asso ciation organized under the laws of the United States o f America (hereinafter referred to as “Escrow Agent”).
Reference is made to that certain Master Equipment Lease/Purchase Agreement da ted as of April 8, 2014 between Lessor and Lessee (hereinafter referred to as the “Lease”), covering the acquisition an d lease of certain Equipment described therein (the “Equipment”). It is a requirement of the Lease that the Acquisition Amount $3,300,000.00 be deposited into a segregated escrow account under terms satisfactory to Lessor, for the purpose of fully funding the Lease, and providing a mechanism for the application of such amounts to the purchase of and payment for the Equipment.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Creation of Escrow Account.
(a) There is hereby created an escrow fund to be known as the “ Oxnard Equipment Escrow Account” (the “ Escrow Account”) to be held by the Escrow Agent for the purposes stated herein, for the benefit of Lessor and Lessee, to be held, disbursed and returned in accordance with the terms hereof.
(b) Lessee may, from time to time, provid e written instructions for Escrow Agent to use any available c ash in the Escrow Account to purchase any money market fund or liquid deposit investment vehicle that Escrow Agent from time to time makes available to the parties hereto . Such written instructions shall be provided via delivery to Escrow Agent of a signed and completed Escrow Account Investment Selection Form (such form available from Escrow Agent upon request) . All funds invested by Escrow Agent at the direction of Lessee in such short-term investments (as more particularly described in Escrow Agent's Escrow Account Investment Selection Form) shall be deemed to be part of the Escrow Account and subject to all the terms and conditions of this Agreement. If any cash is received for the Escrow Account after the cut-off time for the designated short -term investment vehicle, the Escrow Agent shall hold such cash uninvested until the next Business Day. In the absence of written instructions from Lessee (on Escrow Agent's Escrow Account Investment Selection Form) designating a short - term investment of cash i n the Escrow Account , cash in the Escrow Account shall remain uninvested and it shall not be collateralized . Escrow Agent shall have no obligation to pay interest on cash in respect of any period during which it remains uninvested. L essee shall be solely responsible for ascertaining that all proposed investments and reinvestments are Qualified 156
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nvestments and that they comply with federal, state and local laws, regulations and ordinances governing investment of such funds and for providing appropriate notice to the Escrow Agent for the reinvestment of any maturing investment. Accordingly, neither the Escrow Agent nor Lessor shall be responsible for any liability, cost, expense, loss or claim of any kind, directly or indirectly arising out of or related to the investment or reinvestment of all or any portion of the moneys on deposit in the Escrow Account , and Lessee agrees to and does hereby release the Escrow Agent and Lessor from any such liability, cost, expenses, loss or claim. Interest on the Escrow Account shall become part of the Escrow Account, and gains and losses on the investment of the moneys on deposit in the Escrow Account shall be borne by the Lessee. The Escrow Agent shall have no discretion whatsoever with respect to the management, disposition or investment of the Escrow Account. The Escrow Agent shall not be responsible for any market decline in the value of the Escrow Account and has no obligation to notify Lessor and Lessee of any such decline or take any action with respect to the Escrow Account, except upon specific written instructions stated herein. For purposes of this A greement, “Qualified Investments” means any investments which meet the requirements of California State law. (
c) Unless the Escrow Account is earlier terminated in accordance with the provisions of paragraph (d) below, amounts in the Escrow Account shall be disbursed by the Escrow Agent in payment of amounts described in Section 2 hereof upon receipt of writte n instruction(s) from Lessor, as is more fully described in Section 2 hereof. If the amounts in the Escrow Account are insufficient to pay such amounts, Lessee shall provide any balance of the funds needed to complete the acquisition of the Equipment. An y moneys remaining in the Escrow Account on or after the earlier of (i) the expiration of the Acquisition Period or (ii) the date on which Lessee executes an Acceptance Certificate shall be applied as provided in Section 4 hereof.
(d) The Escrow Account shall be terminated at the earliest of (i) the final distribution of amounts in the Escrow Account , (ii) the date on which Lessee executes a Final Acceptance Certificate or (iii) written notice given by Lessor of the occurrence of an Event of Default under t he Lease or termination of the Lease due to an Event of N on-appropriation.
Notwithstanding the foregoing, this Agreement shall not terminate nor shall the Escrow Account be closed until all funds deposited hereunder have been disbursed. (e) The Escrow Agent may act in reliance upon any writing or instrument or signature which it, in good faith, believes to be genuine and may assume the validity and accuracy of any statement or assertion contained in such a writing or instrument. The Escrow Agent shall not be liable in any manner for the sufficiency or correctness as to form, manner of execution, or validity of any instrument nor as to the identity, authority, or right of any person executing the same; and its duties hereunder shall be limit ed to the receipt of such moneys, instruments or other documents received by it as the Escrow Agent, and for the disposition of the same in accordance herewith. Notwithstanding and without limiting the generality of the foregoing, concurrent with the exec ution of this Agreement, Lessee and Lessor, respectively, shall deliver to the Escrow Agent an authorized signers form in the form of Exhibit A- 1 (Lessee) and Exhibit A-2 (Lessor) attached hereto. Notwithstanding the foregoing sentence, the Escrow Agent is authorized to comply with and rely upon any notices, instructions or other communications believed by it to have been sent or given by the parties or by a person or persons authorized by the parties. The Escrow Agent specifically allows for receiving direction by 157
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w
ritten or electronic transmission from an authorized representative with the following caveat, Lessee and Lessor agree to indemnify and hold harmless the Escrow Agent against any and all claims, losses, damages, liabilities, judgments, costs and expenses (including reasonable attorneys' fees) (collectively, "Losses") incurred or sustained by the Escrow Agent as a result of or in connection with the Escrow Agent’ s reliance upon and compliance with instructions or directions given by written or electronic transmission given by each, respectively, provided, however, that such Losses have not arisen from the gross negligence or willful misconduct of the Escrow Agent, it being understood that forbearance on the part of the Escrow Agent to verify or confirm that the person giving the instructions or directions, is, in fact, an authorized person shall not be deemed to constitute gross negligence or willful misconduct.
In
the event conflicting instructions as to the disposition of all or any portion of the Escrow Account are at any time given by L essor and Lessee, the Escrow Agent shall abide by the instructions or entitlement orders given by Lessor without consent of the Lessee. (f) Unless the Escrow Agent is guilty of gross negligence or willful misconduct with regard to its duties hereunder, Lessee agrees to and does hereby release and indemnify the Escrow Agent and hold it harmless from any and all claims, liabilities, losses, actions, suits or proceedings at law or in equity, or any other expense, fees or charges of any character or nature, which it may incur or with which it may be threatened by reason of its acting as Escrow Agent under this Agreement; and in connection therewith, does to the extent permitted by law indemnify the Escrow Agent against any and all expenses; including reasonable attorneys’ fees and the cost of defending any action, suit or proceeding or resisting any claim. (g) If Lessee and Lessor shall be in disagreement about the interpretation of the Lease, or about the rights and obligations, or the propriety of any action contemplated by the Escrow Agent hereunder, the Escrow Agent may, but shall not be required to, file an appropriate civil action including an interpleader action to resolve the disagreement. The Escrow Agent shall be reimbursed by Lessee for all costs, including reasonable attorneys’ fees, in connection with such civil action, and shall be fully protected in suspending all or part of its activities under the Lease until a final judgment in such action is received. (h) The Escrow Agent may consult with counsel of its own choice and shall have full and complete authorization and protection with the opinion of such counsel. The Escrow Agent shall otherwise not be liable for any mistakes of fact or errors of judgment, or for any acts or omissions of any kind unless caused by its willful misconduct. (i) Lessee shall reimburse the Escrow Agent for all reasonable costs and expenses, including those of the Escrow Agent’s attorneys, agents and employees incurred for non-routine administration of the Escrow Account and the performance of the Escrow Agent ’s powers and duties hereunder in connection with any Event of Default under the Lease, any termination of the Lease due to an Event of Non-appropriation or in connection with any dispute between Lessor and Lessee concerning the Escrow Account. (j) The Escrow Agent or any successor may at any time resign by giving mailed notice to Lessee and Lessor of its intention to resign and of the proposed date of resignation (the “Effective Date”), which shall be a date not less than 60 days after such notice is 158
April 2022 4
d
elivered to an express carrier, charges prepaid, unless an earlier resignation date and the appointment of a successor shall have been approved by the Lessee and Lessor. After the Effective Date, the Escrow Agent shall be under no further obligation except to hold the Escrow Account in accordance with the terms of this Agreement, pending receipt of written instructions from Lessor regarding further disposition of the Escrow Account. (k) The Escrow Agent shall have no responsibilities, obligations or duties other than those expressly set forth in this Agreement and no implied duties responsibilities or obligations shall be read into this Agreement.
2. Acquisition of Property.
(a) Acquisition Contracts. Lessee will arrange for, supervise and provide for, or cause to be supervised and provided for, the acquisition of the Equipment, with moneys available in the Escrow Account . Lessee represents the estimated costs of the Equipment are within the funds estimated to be available therefor, and Lessor makes no warranty or representation with respect thereto. Lessor shall have no liability under any of the acquisition or construction contracts. Lessee shall obtain all necessary permits and approvals, if any, for the acquisition, equipping and installation of the Equipment, and the operation and maintenance thereof. Escrow Agent shall have no duty to monitor or enforce Lessee’s compliance with the foregoing covenant.
(b) Authorized Escrow A ccount Disbursements. It is agreed as between Lessee and Lessor that disbursements from the Escrow Account shall be made for the purpose of paying (including the reimbursement to Lessee for advances from its own funds to accomplish the purposes hereinafter described) the cost of acquiring the Equipment and to pay a portion of the City’s costs of issuance.
(c) R equisition Procedure . No disbursement from the Escrow Account shall be made unless and until Lessor has approved such requisition. Prior to disbursement from the Escrow Account there shall be filed with the Escrow Agent a requisition for such payment in the form of Disbursement Request attached hereto as Schedule 1, stating each amount to be paid and the name of the person, firm or corporation to whom payment thereof is due . All disbursements shall be made by wire transfer . The Escrow Agent is authorized to obtain and rely on confirmation of such Disbursement Request and payment instructions by telephone call -back to the person or persons designated for verifying such requests on Exhibit A-2 (such person verifying the request shall be different than the person initiating the request). The Lessor and Lessee hereby confirm that any call -back performed by Escrow Agent to verify a disbursement instruction pursuant to a Disbursement Request submitted pursuant to this Section 2(c) before release, shall be made to Lessor only and Escrow Agent shall have no obligation to call -back Lessee.
E
ach such Disbursement Request shall be signed by an authorized representative of Lessee (an “Authorized Representative”) and by Lessor, and shall be subject to the following conditions, which Escrow Agent shall conclusively presume have been satisfied at such time as a requisition executed by Lessee and Lessor is delivered to it:
159
1. Del
ivery to Lessor of an executed Disbursement Request in the fo rm attached hereto as Schedule 1; and
2. Delivery to Lessor of copies of invoices (and proofs of payment of such invoices, if Lessee seeks reimbursement) and bills of sal e (if title to such Equipment has passed to Lessee) therefor as required by Section 3.04 of the Lease and any additional documentation reasonably requested by Lessor.
Lessee and Lessor agree that their execution of the form attached hereto as Schedule 1 and delivery of the executed form to Escrow Agent confirms that all of the requirements and conditions with respect to disbursements set forth in this Section 2 have been satisfied.
3. Deposit to Escrow Account. Upon satisfaction of the conditions specifie d in Section 3.04 of the Lease, Lessor will cause the Acqu isition Amount to be deposited in the Escrow Account . Lessee agrees to pay any costs with respect to the Equipment in excess of amounts available therefor in the Escrow Account.
4. Excessive Escrow Account . Upon receipt of written instructions from Lessor including a representation that one of the following conditions has been satisfied (upon which representation Escrow Agent shall conclusively rely ), any funds remaining in the Escrow Account on or after the earlier of (a) the expiration of the Acquisition Period or (b) the date on which Lessee executes an Acceptance Certificate, or upon a termination of the Escrow Account as otherwise provided herein, shall be distributed by the Escrow Agent to the Lessor in order for the Lessor to apply such funds to amounts owed by Lessee under the Lease in accordance with Section 4.07 of the Lease.
5. Security Interest. The Escrow Agent and Lessee acknowledge and agree that the Escrow Account and all proceeds th ereof are being held by Escrow Agent for disbursement or return as set forth herein. Lessee hereby grants to Lessor a first priority perfected security interest in the Escrow Account , and all proceeds thereof, and all investments made with any amounts in the Escrow Account . If the Escrow Account, or any part thereof, is converted to investments as set forth in this A greement, such investments shall be made in the name of Escrow Agent and the Escrow Agent hereby agrees to hold such investments as bailee for Lessor so that Lessor is deemed to have possession of such investments for the purpose of perfecting its security interest.
6. Control of Escrow Account . In order to perfect Lessor’s security interest by means of control in (i) the Escrow Account established hereunder, (ii) all securities entitlements, investment property and other financial assets now or hereafter credited to the Escrow Account , (iii) all of Lessee’s rights in respect of the Escrow Account , such securities entitlements, investment property and other financial assets, and (iv) all products, proceeds and revenues of and from any of the foregoing personal property (collectively, the “Collateral”), Lessor, Lessee and Escrow Agent further agree as follows:
(a) All terms used in this Section 6 which are defined in the Commercial Code of the Sta te of California (“Commercial Code”) but are not otherwise defined herein shall April 2022 5
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April 2022 6
h
ave the meanings assigned to such terms in the Commercial Code, as in effect on the date of this Agreement.
(b) Escrow Agent will comply with all entitlement orders originated by Lessor with respect to the Collateral, or any portion of the Collateral, without further consent by Lessee. (c) Provided that account investments shall be held in the name of the Escrow Agent, Escrow Agent hereby represents and warrants (a) that the records of Escrow Agent show that Lessee is the sole owner of the Collateral, (b) that Escrow Agent has not been served with any notice of levy or received any notice of any security interest in or other cl aim to the Collateral, or any portion of the Collateral, other than Lessor’s claim pursuant to this Agreement, and (c) that Escrow Agent is not presently obligated to accept any entitlement order from any person with respect to the Collateral, except for entitlement orders that Escrow Agent is obligated to accept from Lessor under this Agreement and entitlement orders that Escrow Agent , subject to the provisions of paragraph (e) below, is obligated to accept from Lessee. (d) Without the prior written consen t of Lessor, Escrow Agent will not enter into any agreement by which Escrow Agent agrees to comply with any entitlement order of any person other than Lessor or, subject to the provisions of paragraph (e) below, Lessee, with respect to any portion or all of the Collateral. Escrow Agent shall promptly notify Lessor if any person requests Escrow Agent to enter into any such agreement or otherwise asserts or seeks to assert a lien, encumbrance or adverse claim against any portion or all of the Collateral. (e) Except as otherwise provided in this paragraph (e) and subject to Section 1(b) hereof, Lessee may effect sales, trades, transfers and exchanges of Collateral within the Escrow Account, but will not, without the prior written consent of Lessor, withdraw any Collateral from the Escrow Account. Escrow Agent acknowledges that Lessor reserves the right, by delivery of written notice to Escrow Agent, to prohibit Lessee from effecting any withdrawals (including withdrawals of ordinary cash dividends and interest income), sales, trades, transfers or exchanges of any Collateral held in the Escrow Account . Further, Escrow Agent hereby agrees to comply with any and all written instructions delivered by Lessor to Escrow Agent (once it has had a reasonable opportunity to comply therewith) and has no obligation to, and will not, investigate the reason for any action taken by Lessor, the amount of any obligations of Lessee to Lessor, the validity of any of Lessor’s claims against or agreements with Lessee, the existence of any defaults under such agreements, or any other matter. (f) Lessee hereby irrevocably authorizes Escrow Agent to comply with all instructions and entitlement orders delivered by Lessor to Escrow Agent. (g) Escrow Agent will not attempt to assert contro l, and does not claim and will not accept any security or other interest in, any part of the Collateral, and Escrow Agent will not exercise, enforce or attempt to enforce any right of setoff against the Collateral, or otherwise charge or deduct from the Collateral any amount whatsoever. (h) Escrow Agent and Lessee hereby agree that any property held in the Escrow Account shall be treated as a financial asset under such section of the Commercial Code 161
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as co
rresponds with Section 8 -102 of the Uniform Commercial Code, notwithstanding any contrary provision of any other agreement to which Escrow Agent may be a party. (i) Escrow Agent is hereby authorized and instructed, and hereby agrees, to send to Lessor at its address set forth in Section 8 below, concurrently with the sending thereof to Lessee, duplicate copies of any and all monthly Escrow Account statements or reports issued or sent to Lessee with respect to the Escrow Account.
7. Information Required Under USA PATRIOT ACT. The parties acknowledge that in order to help the United States government fight the funding of terrorism and money laundering activities, pursuant to Federal regulations that became effective on October 1, 2003 (Section 326 of the USA PATRIOT Act) all financial institutions are required to obtain, verify, record and update information that identifies each person establishing a relationship or opening an account. The parties to this Agreement agree that they will provide to the Escrow Agent such information as it may request, from time to time, in order for the Escrow Agent to satisfy the requirements of the USA PATRIOT Act, including but not limited to the name, address, tax identification number and other information that will allow it to identify the individual or entity who is establishing the relationship or opening the account and may also ask for formation documents such as articles of incorporation or other identifying documents to be provided.
8. Miscellaneous. Capitalized terms not otherwise defined herein shall have th e meanings assigned to them in the Lease. This A greement may not be amended except in writing signed by all parties hereto. This A greement may be executed in one or more counterparts, each of which shall be deemed to be an original instrument and each shall have the force and effect of an original and all of which together constitute, and shall be deemed to constitute, one and the same instrument. Notices hereunder shall be made in writing and shall be deemed to have been duly given when personally delivered or when deposited in the mail, first class postage prepaid, or delivered to an express carrier, charges prepaid, or sent by facsimile with electronic confirmation, addressed to each party at its address below.
Notices and other communications hereunder may be delivered or furnished by electronic mail provided that any formal notice be attached to an email message in PDF format and provided further that any notice or other communication sent to an e -mail address shall be deemed received upon and only up on the sender’s receipt of affirmative acknowledgement or receipt from the intended recipient. For purposes hereof no acknowledgement of receipt generated on an automated basis shall be deemed sufficient for any purpose hereunder or admissible as evidence of receipt.
I
f to Lessor: Banc of America Public Capital Corp
11333 McCormick Road
Mail Code: MD5-032-07-05
Hunt Valley, MD 21031
Attn: Contract Administration
Fax: (443) 541-3057
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f to Lessee: City of Oxnard, California
300 W. Third Street, Third Floor
Oxnard, CA 93030
Attn: Betsy George, CFO
Email: [email protected]
If
to Escrow Agent Bank of America, National Association Global Custody and Agency Services
540 W. Madison Street
Mail Code: IL4-540-21-03
Chicago, Illinois 60661
Attention: GCAS AMRS Escrow Service
Telephone: (312) 992-3272
Fax: (312) 453-4443
Email: [email protected]
9. L
essee and Lessor understand and agree that they are required to provide the Escrow Agent with a properly completed and signed Tax Certification (as defined below) and that the Escrow Agent may not perform its duties hereunder without having been provided with such Tax Certification. As used herein “Tax Certification ” shall mean an IRS form W -9 or W-8 as described above. The Escrow Agent will comply with any U.S. tax withholding or backup withholding and reporting requirements that are required by law. With respect to earnings allocable to a foreign person, the Escrow Agent will withhold U.S. tax as required by law and report such earnings and taxes withheld, if any, for the benefit of such foreign person on IRS Form 1042-S (or any other required form), unles s such earnings and withheld taxes are exempt from reporting under Treasury Regulation Section 1.1461- 1(c)(2)(ii) or under other applicable law. With respect to earnings allocable to a United States person, the Escrow Agent will report such income, if required, on IRS Form 1099 or any other form required by law. The IRS Forms 1099 and/or 1042-S shall show the Escrow Agent as payor and Lessee as payee. Escrow Agent shall recognize Lessee as the designated party for regulatory reporting purposes.
Lessee and Lessor agree that they are not relieved of their respective obligations , if any, to prepare and file information reports under Code Section 6041, and the Treasury regulations thereunder, with respect to amounts of imputed interest income, as determined p ursuant to Code Sections 483 or 1272. The Escrow Agent shall not be responsible for determining or reporting such imputed interest.
10. T his Agreement shall be governed by and construed in accordance with the laws of the State of California and the parties hereto consent to jurisdiction in the State of California and venue in any state or Federal court located in the County of Ventura.
11. Any bank or corporation into which the Escrow Agent may be merged or with which it may be consolidated, or any bank or corporation to whom the Escrow Agent may transfer a substantial amount of its escrow business, shall be the successor to the Escrow Agent without the execution or filing of any paper or any further act on the part of any of the parties, anything herein to the contrary notwithstanding. Any bank or corporation into which the Lessor 163
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ay be merged or with which it may be consolidated, or any bank or corporation to whom the Lessor may transfer a substantial amount of its business, shall be the successor to the Lessor without the execution or filing of any paper or any further act on the part of any of the parties, anything herein to the contrary notwithstanding.
12. This Agreement may be amended, modified, and/or supplemented only by an instrument in writing executed by all parties hereto.
13. No party hereto shall assign its rights hereunder until its assignee has submitted to the Escrow Agent (i) Patriot Act disclosure materials and the Escrow Agent has determined that on the basis of such materials it may a ccept such assignee as a customer and (ii) assignee has delivered an IRS Form W -8 or W -9, as appropriate, to the Escrow Agent which the Escrow Agent has determined to have been properly signed and completed.
14. Escrow Agent will treat information related to this Agreement as confidential but, unless prohibited by law, Lessee and Lessor authorize the transfer or disclosure of any information relating to the Agreement to and between the subsidiaries, officers, affiliates and other representatives and advisors of Escrow Agent and third parties selected by any of them, wherever situated, for confidential use in the ordinary course of business, and further acknowledge that Escrow Agent and any such subsidiary, officer, a ffiliate or third party may transfer or disclose any such information as required by any law, court, regulator or legal process.
Lessor will treat information related to this Agreement as confidential but, unless prohibited by law, Escrow Agent and Lessee authorize the transfer or disclosure of any information relating to the Agreement to and between the subsidiaries, officers, affiliates, other representatives and advisors of Lessor and debt and equity sources and third parties selected by any of them, and to their prospective assignees wherever situated, for confidential use in the ordinary course of business, and further acknowledge that Lessor and any such subsidiary, officer, affiliate, debt and equity source or third party or prospective assignee may transfer or disclose any such information as required by any law, court, regulator or legal process.
Lessee will treat the terms of this Agreement as confidential except on a "need to know" basis to persons within or outside Lessee’s organization (including affiliates of such party), such as attorneys, accountants, bankers, financial advisors, auditors and other consultants of such party and its affiliates, except as required by any law, court, regulator or legal process and except pursuant to the express prior written consent of the other parties, which consent shall not be unreasonably withheld;
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n Witness Whereof, the parties have executed this Escrow and Account Control Agreement as of the date first above written.
Banc of America Public Capital Corp City of Oxnard, California as Lessor as Lessee
By: By:
Name: Name:
Title: Title:
Ban
k of America, National Association
as Escrow Agent
By:
Name:
Title:
165
SCH
EDULE 1
to the Escrow and Account Control Agreement
FO
RM OF DISBURSEMENT REQUEST
Re: M
aster Equipment Lease/Purchase Agreement dated as of April 8, 2014 by and between Banc of America Public Capital Corp, as Lessor, and City of Oxnard, California, as Lessee (the “Lease”) (Capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Lease.) In accordance with the terms of the Escrow and Account Control Agreement, dated as o f April 5, 2022 (the “Escrow and Account Control Agreement”) by and among Banc of America Public Capital Corp (“Lessor”), the City of Oxnard, California ( “Lessee”) and Bank of America, National Association , (the “Escrow Agent ”), the undersigned hereby req uests the Escrow Agent pay th e following person s the followin g amounts from the Escrow Account created under the Escrow and Account Control Agreement for the following purposes:
D
isbursement Amounts:
Payee’s Name and Address Invoice Number Dollar Amount Purpose <invoice list OR “see
attached” with a
spreadsheet>
<invoice list OR “see
attached” with a
spreadsheet>
Les
see hereby represents, covenants and warrants for the benefit of Lessor on the date hereof as follows:
(i) (a) Each obligation specified in the table herein titled as “Disbursement Amounts” has been incurred by Lessee in the stated amount , (b) the same is a proper charge against the Escrow Account for costs relating to the Equipment identified in the Lease, and (c) has not been paid (or has been paid by Lessee and Lessee requests reimbursement thereof).
(ii) Each item of Equipment relating to an obligation specified in the table herein titled as “Disbursement Amounts” has been delivered, installed and accepted by Lessee. Attached hereto is a copy of the invoice with respect to such obligation.
(iii) The undersigned, as Authorized Representative, has no notice of any vendor’s, mechanic ’s or other liens or rights to liens, chattel mortgages, conditional sales contracts or security interest which should be satisfied or discharged before such payment is made.
(iv) This requisition contains no item representing payment on account, or any re tained percentages which Lessee is, at the date hereof, entitled to retain (except to the extent such amounts represent a reimbursement to Lessee).
(v) The Equipment is insured in accordance with the Lease. 166
(vi) No Event of Default, and no event which with notice or lapse of time, or both, would become an Event of Default, under the Lease has occurred and is continuing at the date hereof. No Event of Non-appropriation has occurred or is threatened with respect to the Lease. (vii) The disbursement shall occur during the Acquisition Period. (viii) The representations, warranties and covenants of Lessee set forth in the Lease are true and correct as of the date hereof.
(ix) No Material Adverse Change has occurred since the date of the execution and delivery of the Lease.
(x) T
he information in this Disbursement Request regarding each Payee, including their respective name, address and wiring instructions, (collectively, the “Payee Information”) is true and correct, such Payee Information has been verified and confirmed by Lessee and the Lessor can rely on Lessee’s verification and confirmation of the accuracy of such Payee Information. Lessee hereby acknowledges and agrees that any call -back performed by Lessor to verify the disbursement instructions pursuant to this Disbursement Request shall be made to Lessee only and Lessor shall have no obligation to call-back any Payee listed above.
CITY OF OXNARD, CALIFORNIA
By: ______________________________
Name: ______________________________
Title: _______________________________
Dated: ___________
Disbursement of funds from the Escrow
Account in accordance with the foregoing
Disbursement Request hereby is authorized
BANC OF AMERICA PUBLIC CAPITAL CORP
as Lessor under the Lease
By: ______________________________
Name: ______________________________
Title: _______________________________
167
[AN “EXHIBIT A-1” MUST BE COMPLETED AND EXECUTED AT TIME OF EXECUTION OF THE AGREEMENT] EXH
IBIT A-1
FO
RM OF INCUMBENCY AND AUTHORIZATION CERTIFICATE
The undersigned, a duly el ected or appointed and acting City Clerk of the City of Oxnard, California (“ Lessee” ) cer tifies as follows:
A. T he following listed persons are duly elected or appointed and acting officials of Lessee (the “Officials” ) in the capacity set forth opposite their respective names below and the facsimile signatures below are true and correct as of the date hereof; B. The Officials are duly authorized, on behalf of Lessee, to negotiate, execute and deliver the
Schedule of Property No. 25 dated as of April 5, 2022, to Master Equipment Lease/Purchase Agreement executed on April 8, 2014, by and between Lessee and Banc of America Public Capital Corp (“Lessor”), the Escrow and Account Control Agreement dated as o
f April 5, 2022 among Les sor, Lessee and Bank of America, National Association, as Escrow Agent,
and all documents related thereto and delivered in connection therewith (collectively, the “A
greements”), and the Agreements each are the binding and authorized agreements of Lessee, enf
orceable in all respects in accordance with their respective terms.
Name of Official Title Signature
_____________________ _____________________ _____________________ Dated: April 5, 2022 By:
Name :
Title:
(Th
e signer of this Certificate cannot be listed above as authorized to execute the Agreements.)
_____________________ _____________________ _____________________ _____________________ _____________________ ____________________ 168
EXHIBIT A-2
Escrow and Account Control Agreement dated as of April 5, 2022 by and among Lessor, Lessee and Escrow Agent
Certificate of Authorized Representatives – [Lessor]
Name: Bridgett Arnold
Title: Authorized Agent
Phone: 415-765-1867
Facsimile: 415-765-7373
E-mail: [email protected]
Signature: Signature:
Fund Transfer / Disbursement Authority Level: Fund Transfer / Disbursement Authority Level:
X Initiate x
Initiate
X Verify transactions initiated by others x Verify transactions initiated by others Name: Augustine Reichenbach Name: Kristen Turcone-Mariani Title: Authorized Agent Title: Authorized Agent
Phone: 443-541-2613 Phone: 401-854-5525
Facsimile: 904-312-6101 Facsimile: N/A
E-mail: [email protected] E-mail: [email protected] Signature: Signature:
Fund Transfer / Disbursement Authority Level: Fund Transfer / Disbursement Authority Level:
X Initiate x
Initiate
X Verify transactions initiated by others x Verify transactions initiated by others g
@
Di b
Ahi L
@
D
i b t
A th i
@
Di b t
At h
Name: Jessica Perkins
Title: Authorized Agent
Phone: 410-854-5547
Facsimile: N/A
E-mail: [email protected]
Di b
t
At
169
Name: Terri Preston Name: Alicia Cosby
Title: Authorized Agent Title: Operations Analyst
Phone: 443-541-3642 Phone: 443-541-3651
Facsimile: 804-553-8124 Facsimile: N/A
E-mail: [email protected] E-mail: [email protected] Signature: Signature:
Fund Transfer / Disbursement Authority Level: Fund Transfer / Disbursement Authority Level:
X Initiate x Initiate
X Verify transactions initiated by others Verify transactions initiated by others The Escrow Agent is authorized to comply with and rely upon any notices, instructions or other communications believed by it to have b een sent or given by the person or persons identified above including without limitation, to initiate and verify funds transfers as indicated.
Banc of America Public Capital Corp
By: ____________________________
Name:
Title:
Date: ______________
[email protected]
presesssssssstototototototototototototoon@nnnn bofa.comomomomomomomomommomommm ____________________________
____________________________
170
SCHEDULE OF PROPERTY NO. 25
Re: Master Equipment Lease/Purchase Agreement, dated as of April 8, 2014, between Banc of America Public Capital Corp, as Lessor, and City of Oxnard, California, as Lessee
1. Defined Terms. All terms used herein have the meanings ascribed to them in the above-referenced Master Equipment Lease/Purchase Agreement (the “Master Equipment Lease”).
For purposes of this Schedule the following defined terms in the Master Equipment Lease shall be defined as the following:
a. The Acquisition Fund shall be deemed the Oxnard Equipment Escrow Account created under the Acquisition Fund Agreement.
b. The Acquisition Fund Agreement shall be deemed that certain Escrow and Account Control Agreement, dated as of April 5 , 2022, by and among Lessor, Lessee and the Acquisition Fund Custodian.
c. The Acquisition Fund Custodian shall be deemed Bank of America, National Association, as Escrow Agent under the Escrow and Account Control Agreement, dated as of April 5, 2022, by and among Lessor, Lessee and the Bank of America, National Association.
2. Equipment. The following items of Equipment are hereby included under this Schedule of the Master Equipment Lease.
(3) Fire Truck Apparatus’s as further described in each Disbursement Request under the Escrow Agreement, together with all attachments, additions, accessions, parts, repairs, improvements, replacements and substitutions thereto as provided in the Agreement
3. Payment Schedule.
(a) Rental Payments . The Rental Payments shall be in such amounts and payable on such dates as set forth in the Rental Payment Schedule attached to this Schedule as Exhibit B. Rental Payments shall commence on the date on which the Equipment listed in this Schedule is accepted by Lessee, as indicated in an Acceptance Certificate substantially in the form of Exhibit E to the Master Equipment Lease or the date on which sufficient moneys to purchase the Equipment are deposited for that purpose with an Acquisition Fund Custodian, whichever is earlier.
(b) Purchase Price Schedule. The Purchase Price on each Rental Payment date for the Equipment listed in this Schedule shall be the amount set forth for such Rental Payment date in the “Purchase Price” column of the Rental Payment Schedul e attached to this Schedule.
The Purchase Price is in addition to all Rental Payments then due under this Schedule (including the Rental Payment shown on the same line in the Rental Payment Schedule). 171
4. Representations, Warranties and Covenants. Lessee hereby represents, warrants a
nd covenants that its representations, warranties and covenants set forth in the Master Equipment Lease are true and correct as though made on the date of comm encement of Rental Payments on this Schedule . Lessee further represents and warrants that (a) no material adverse change in Lessee’s financial condition has occurred since the date of the Master Equipment Lease; (b) the governing body of Lessee has authorized the
execution and delivery of this Agreement and the
Leases pursuant to Agenda Item No. ____, approved on _________; (c) the Equipment described in the Agreement referenced above is essential to the functions of Lessee or to the services Lessee provides its citizens; (d) lessee has an immediate need for, and expects to make immediate use of, substantially all such Equipment, which will be used by Lessee only for the
purpose of performing one or more of Lessee’s governmental or proprietary functions consistent with the permissible scope of its authority; and (f) Lessee expects and anticipates adequate funds to be available for
all future payments or rent due after the current budgetary period.
5. The Lease. The terms and provisions of the Master Equipment Lease (other than to the extent that they relate solely to other Schedules or Equipment listed on other Schedules) are hereby incorporated into this Schedule by reference and made a part hereof.
6. Lease Proceeds. The Lease Proceeds which Lessor shall pay to the Acquisition Fund Custodian
in connection with this Schedule is $3,300,000.00, of which $3,300,000.00 is for deposit to the Acquisition Fund. It is expected that by eighteen (18) months from the date of this Schedule of Property No. 25, Lessee will have taken possession of all items of Equipment shown above and that a Lessee’s Acceptance Certificate, or Acceptance Certificates, will be signed by Lessee and delivered to Lessor on or eighteen (18) months from the date of this Schedule of Property No. 25.
7. Acquisition Period. The Acquisition Period applicable to this Schedule shall end at the conclusion of the 18th month following the date hereof.
8. Lease Term. The Lease Term shall consist of the Original Term and (10) ten consecutive Renewal Terms, with the final Renewal Term ending on December 1, 2031.
9. Purchase Option Commencement Date. For purposes of Section 10.01 of the Lease, the Purchase Option Commencement Date is June 1, 2027.
10. Maximum Equipment Cost. The Maximum Equipment Cost approved on a cumulative basis under the Lease for this Schedule and all previous Schedules is $23,555,000.00.
11. Contract Rate. The Contract Rate for this Schedule is 2.2900%. 172
12. Registration. Any Equipment that is a motor vehicle is to be registered and titled as follows:
(a) Registered Owner:
(b) Lienholder:
City of Oxnard, California
Banc of America Public Capital Corp
Northeast Center Building
2059 Northlake Parkway
Tucker, GA 30084-5321
Lessee shall be responsible for the correct titling of all Equipment leased hereunder.
Lessee will cause the original Certificates of Title to be delivered to Lessor for retention in Lessor’s files throughout the term of the Lease.
[Rem
ainder of page intentionally left blank; signature page follows] 173
Dated: April 5, 2022
LESSOR: LESSEE:
Banc of America Public Capital Corp City of Oxnard, California 555 California Street, 4th Floor 300 West Third Street, Suite 302 San Francisco, California 94104 Oxnard, California 93030 Attention: Contract Administration Attention: Betsy George By: By:
Name: Name:
Title: Title:
C
ounterpart No. _____ of _____ manually executed and serially numbered counterparts. To the extent that this Lease constitutes chattel paper (as defined in the Uniform Commercial Code), no security interest herein may be created through the transfer or possession of any Counterpart other than Counterpart No. 1.
174
EXHIBIT B
RENTAL PAYMENT SCHEDULE
RENTAL
PAYMENT
DATE
RENTAL
PAYMENT
AMOUNT
INTEREST
PORTION
PRINCIPAL
PORTION
OUTSTANDING
BALANCE
PURCHASE
PRICE
4/5/2022 $0.00 $0.00 $0.00 $3,300,000.00 N/A
12/1/2022 $194,933.88 $49,540.33 $145,393.55 $3,154,606.45 N/A 6/1/2023 $194,933.88 $36,120.24 $158,813.64 $2,995,792.81 N/A 12/1/2023 $194,933.88 $34,301.83 $160,632.05 $2,835,160.76 N/A 6/1/2024 $194,933.88 $32,462.59 $162,471.29 $2,672,689.47 N/A 12/1/2024 $194,933.88 $30,602.29 $164,331.59 $2,508,357.88 N/A 6/1/2025 $194,933.88 $28,720.70 $166,213.18 $2,342,144.69 N/A 12/1/2025 $194,933.88 $26,817.56 $168,116.32 $2,174,028.37 N/A 6/1/2026 $194,933.88 $24,892.62 $170,041.26 $2,003,987.11 N/A 12/1/2026 $194,933.88 $22,945.65 $171,988.23 $1,831,998.88 N/A 6/1/2027 $194,933.88 $20,976.39 $173,957.49 $1,658,041.39 $1,658,041.39 12/1/2027 $194,933.88 $18,984.57 $175,949.31 $1,482,092.08 $1,482,092.08 6/1/2028 $194,933.88 $16,969.95 $177,963.93 $1,304,128.16 $1,304,128.16 12/1/2028 $194,933.88 $14,932.27 $180,001.61 $1,124,126.54 $1,124,126.54 6/1/2029 $194,933.88 $12,871.25 $182,062.63 $942,063.91 $942,063.91 12/1/2029 $194,933.88 $10,786.63 $184,147.25 $757,916.66 $757,916.66 6/1/2030 $194,933.88 $8,678.15 $186,255.73 $571,660.93 $571,660.93 12/1/2030 $194,933.88 $6,545.52 $188,388.36 $383,272.56 $383,272.56 6/1/2031 $194,933.88 $4,388.47 $190,545.41 $192,727.15 $192,727.15 12/1/2031 $194,933.88 $2,206.73 $192,727.15 $0.00 $0.00 TOTAL $3,703,743.72 $403,743.72 $3,300,000.00
P
repayment Premium for purposes of Section 10.01(a) is 0.00%.
For purposes of this Lease, “Taxable Rate,” with respect to the interest component of Rental Payments, means an annual rate of interest equal to 2.9228%.
LESSEE:
City of Oxnard, California
By :
Na me:
Title :
175
City of Oxnard
Banc of America Master Equipment Lease/Purchase
Agreement (A-7667) for 2022 Equipment Lease
Reimbursement to the City for Purchase of Fire Engines
PRESENTATION TO CITY COUNCIL
MARCH 29, 2022
176
Recommendation
That the City Council adopt a resolution authorizing the execution and delivery of Schedules of Property to the Master Equipment Lease/Purchase Agreement not to exceed $3.3 million for the acquisition, financing, and leasing of certain equipment for the public benefit within the terms provided therein; authorizing the execution and delivery of other documents required in connection therewith; and authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by the resolution.
2 177
Background and Vehicle Needs
Oxnard Fire Department needs three new fire
engines
Purchase was approved at the January 18, 2022
meeting
Engines were purchased in late January to avoid a
7% cost increase that would have taken effect
2/1/2022
Accelerating the purchase saved the City
approximately $172,000
Engines purchased through South Coast Fire
Equipment, piggybacking on the City of LA contract
with Pierce (Manufacturer)
3 178
Financing Overview
City plans to utilize the existing line of credit with Bank of America (BofA) to reimburse City for the
purchase price and upfitting costs
Current agreement has been in place since 2014
and has been used several times to finance
equipment
Current draw is Schedule No. 25; will have a 10-
year term (final payment 12/1/2031)
Amount borrowed expected to be $3.3 million
BofA has provided a fixed 10-year interest rate
of 2.29%
Semi-Annual debt service payments of $195,000
Annual payments of $390,000
4 0
100,000
200,000
300,000
400,000
500,000
Oxnard Eqpt. Schedule No. 25
Anticipated Lease Payment Schedule
179
Tentative Schedule
February 22:
F&GC
considered
reimbursement
resolution
March 8:
F&GC
considers
equipment
financing
March 15: City
Council
considers
reimbursement
resolution
March 29: City
Council
considers of
equipment
financing
Early April:
close
equipment
financing and
reimburse City
5 180
Recommendation
That the City Council adopt a resolution authorizing the execution and delivery of Schedules of Property to the Master Equipment Lease/Purchase Agreement not to exceed $3.3 million for the acquisition, financing, and leasing of certain equipment for the public benefit within the terms provided therein; authorizing the execution and delivery of other documents required in connection therewith; and authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by the resolution.
6 181
Questions?
7 182
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. K.2
DATE: March 29, 2022
TO: City Council
FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected]
SUBJECT: Recategorization of American Rescue Plan Act (ARPA) Projects According to Final Rule Issued by US Treasury. (0/25/10)
RECOMMENDATION
That the City Council:
1. Recategorize $15,670,000 of ARPA projects into the Replacing Lost Public Sector Revenue category according to the Final Rule issued by the U.S. Department of the Treasury;
2. Make final decisions on remaining ARPA projects tabled in 2021 and newly proposed ARPA projects; and
3. Authorize the City Manager or designee to approve budget appropriations necessary to recognize revenue and appropriate funding for all ARPA projects.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/lRwtUbNQDiY
BACKGROUND
In May 2021, the U.S. Department of the Treasury (US Treasury) released preliminary guidance on the American Rescue Plan Act (ARPA) in the form of an Interim Final Rule for the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program. The SLFRF program is expected to eventually provide metropolitan cities throughout the country $45.6 billion in funding. The Interim Final Rule described eligible and ineligible uses of funds, listed program provisions, sought feedback from the public on program rules and began to distribute funds. As part of the SLFRF program, the City has been allocated $59,540,662 in funding from the federal government, of which half, $29,770,331, was received in May 2021. The remaining $29,770,331 is expected in May 2022.
For the first eight months of the SLFRF program, local government grantees like the City operated under the Interim Final Rule, which the US Treasury published without clear direction for every spending category. On January 6th, the US Treasury released its Final Rule for SLFRF. Most of the new content aims to provide greater clarity, direction, and examples for rules already in effect under the Interim Final Rule while also containing some important changes to several categories (Attachment 1).
Beginning in July 2021, Council started the process of deliberating and selecting which ARPA projects to fund with the City’s $59 million allocation. After the Council meetings of September 21, 2021, and December 7, 2021, the Council selected and appropriated approximately $48 million in ARPA projects. These projects respond to the COVID-19 pandemic, address its economic fallout, and lay the foundation for a strong and equitable recovery in the City.
Under the SLFRF program, ARPA funds must be used for costs incurred on or after March 3, 2021. Further, costs must be encumbered by December 31, 2024, and expended by December 31, 2026. 183
Replacing Lost Public Sector Revenue
The "Replacing Lost Public Sector Revenue" category remains the most flexible spending category under the SLFRF program. It provides the City with broad latitude to use funds to provide general government services with few restrictions. Examples of general government services include street resurfacing, infrastructure, maintenance, public safety payroll, and other administrative costs. Funds under this category can generally be spent by local governments using an amount up to a local or state government’s revenue loss figure.
Through the Final Rule, the US Treasury provides a calculation formula for determining a local government’s revenue loss (Attachment 1, pg 9). Revenue loss by recipients of ARPA funds must be calculated at four distinct points in time, either at the end of each calendar year (e.g., December 31 for years 2020, 2021, 2022, and 2023) or the end of each fiscal year of the recipient. Calculations are to begin from the “base year” or last fiscal year before the onset of the pandemic, which was Fiscal Year 2018-19.
Using guidance from the Final Rule, for the reporting period ending December 31, 2020, the City had a calendar year general revenue loss of $16,520,363.
For the period ending December 31, 2021, the City had general revenue losses totaling $4,712,379.
The projected general revenue loss at the end of the calendar year 2022 is estimated to be $12,365,188.
Therefore, the City’s total general revenue loss due to the pandemic since December 2020 is projected to be $33,597,930.
Recategorization of ARPA Funds
After the Council meetings of September 21, 2021, and December 7, 2021, the Council selected and appropriated $9,190,000 of projects in the Replacing Lost Public Sector Revenue category (Attachment 2). With the approval of the recommended action, the City will elect to recognize an additional $23,015,000 in ARPA funds to the Replacing Lost Public Sector Revenue category to repay the General Fund, or other City funds, for the general government services (e.g., street resurfacing, infrastructure, maintenance, public safety payroll) that the City has already spent funds on or will shortly. The $23,015,000 includes:
1. Newly recategorized projects ($15,670,000, green section on Attachment 3);
2. New staff-proposed projects ($3,295,000, yellow section on Attachment 3); and
3. Projects that the Council had previously tabled in the Replacing Lost Public Sector Revenue category ($4,050,000, Items 51 and 52 in orange section on Attachment 3).
This action will categorize a total of $32,205,000 into the Replacing Lost Public Sector Revenue category, effectively freeing up City funds to fund the ARPA projects previously approved by Council but without the fast-approaching deadline to encumber ARPA funds (December 31, 2024) since the projects will be completed using regular City funds instead of ARPA dollars.
The ARPA projects that the Council appropriated and are now proposed to be recategorized will still be funded and completed, although, under the recommended action, with newly available City funding and more realistic deadlines.
For example, the “Seed money for ten (10) park playground shade structures” project, Item 8 in the green section on Attachment 3, is proposed to be recategorized. This project is proposed to be completed as needed and when certain parks receive upgrades or repairs to their equipment or changes to their physical layout. As the timeline for completing this project is variable and based on park needs with an unknown timeline, staff proposes recategorizing this project.
Another example is the “Olympic Skatepark in Colonia,” Item 33 in the green section on Attachment 3. This project is also being proposed to be recategorized. Unlike typical construction projects, an Olympic-certified skateboard park requires a partnership with World Skate from start to finish. This partnership is critical as World Skate is the only global body that can certify Olympic skateboard parks. The process has an unknown timeline and may put the City past the ARPA deadline. World Skate's nine-stage qualification system includes forty-six components from application to 184
certification. This process includes project intake, cost estimation, a project plan, design, a management plan, construction, and certification (Attachment 4). The City is currently in stage one, having submitted an application after an initial interview, with a second interview to be scheduled in the spring between the City and World Skate.
If certified, this Olympic skateboard park will allow the City to host competitions while providing the community an invaluable opportunity to develop skating skills on a certified Olympic-certified course. Regardless of certification, we intend to build an Olympic-quality skate park.
Other ARPA projects, especially those to be completed by the Public Works Engineering Division (Division), are also proposed to be recategorized. Currently, the Division is managing over one hundred (100) funded capital projects.
Council has approved approximately forty (40) new capital projects through ARPA, resulting in a roughly 40% increase in project management workload for the Division. Under the weight of the current workload, it will be challenging to complete the Division’s ARPA projects on the timeline that ARPA outlines, even with the added project manager positions that Council previously approved.
The table below, a subset of Attachment 3, represents all ARPA projects currently categorized as Replacing Public Sector Revenue Loss as of December 7, 2021, and those that will be recategorized into this category, along with a reason for the project recategorization:
Item
No.
Description Reason for
Recategorization
Amount
4 Safe Sleep Program - Capital improvements to support
up to 14 RVs in City-owned parking lot at former
Oxnard National Guard Armory
Unable to complete within
ARPA project deadlines
$700,000
8 Seed money for 10 park playground shade structures.
Specific park locations based on parks receiving
replacement of playground equipment (not in Parks &
Rec Master Plan)
Unable to complete within
ARPA project deadlines
$1,000,000
14a Property acquisition for economic development &
redevelopment of Hueneme corridor between Saviers &
S. J St.
Unable to complete within
ARPA project deadlines -
project has been split with
Item 14
$2,600,000
22 "Sports Park:
Baseball and softball complex, lawns spaces w/ walking
trails, inclusive playgrounds
(Parks & Rec Master Plan, pgs 140, 158, 214, 217)
Aligns as a general
government service
$1,500,000
33 Olympic Skatepark in Colonia Unable to complete within ARPA project deadlines
$3,000,000
34 Main and S. Oxnard branch libraries technology
purchases, laptops, security systems, and upgrades;
conversion of computer labs with up to 100
Chromebooks for City's three libraries (includes
Colonia)
Aligns as a general
government service
$830,000
185
43 Permanent Outdoor Patio Program Fund: provide grants for restaurants to create permanent, attractive and safe outdoor dining spaces.
Unable to complete within
ARPA project deadlines
$1,000,000
53 City-wide ADA tree and sidewalk improvements Currently categorized - no change
$1,000,000
54 Fire station architectural design for Oxnard Fire Stations 2, 3, 5
Currently categorized - no
change
$1,000,000
55 Fire Department Vehicle for 2-person paramedic squad Currently categorized - no change
$80,000
56 Police Department radio communications:
upgrade City-wide radio infrastructure to a P25 system
Currently categorized - no
change
$4,000,000
57 Howell Rd lighting and safety improvements Currently categorized - no change
$250,000
58 Intelligent Transportation Systems (ITS) Traffic Signal Retiming Safety Project – Phase 1
Currently categorized - no
change
$750,000
59 Bike / Pedestrian project: Wooley Rd Protected Bike
Lanes
Currently categorized - no
change
$1,500,000
62 Police Department Covid Response: Polaris ATV for PD beach patrols, equipment decontamination software,
additional car wash cleaning, social distancing COVID
compliance materials
Aligns as a general
government service
$40,000
67 305 W 3rd St - West Wing repair and asbestos
abatement, capital investment to meet pandemic
operational needs
Aligns as a general
government service /
unable to complete within
ARPA project deadlines
$3,000,000
78 Harbor Water Quality Mitigation Fund Unable to complete within ARPA project deadlines
$1,000,000
82 AWPF-Oxnard Regional Stormwater Capture Project
Wetland Storage & Sewer Diversion Pilot
Unable to complete within
ARPA project deadlines
$1,000,000
85 Painting City Hall & Annex Currently categorized - no change
$600,000
86 USPS mailbox replacement Currently categorized - no
change
$10,000
TOTAL: $24,860,000
Existing ARPA Projects
Not all ARPA projects will be recategorized under Replacing Public Sector Revenue Loss. Since December 7, 2021, staff 186
has gotten underway on some of the Council-approved ARPA projects and is planning to begin work on the balance of the projects shortly. For example, the Fire Department has purchased supplied air respirators, funded the “Fire Catch-up Academy,” and began purchasing Personal Protective Equipment for City staff. The City Manager’s office has executed contracts to support the City’s tourism industry and businesses in South Oxnard. Additionally, City staff has developed the Gratitude Program for Grocery Store Workers and set aside premium pay for City employees.
The table below, a subset of Attachment 3, represents all ARPA projects currently underway:
Item
No.
Description Amount
1 Gratitude program for grocery store workers $2,500,000 2 Premium pay for City employees working on the front-line during the pandemic $2,000,000 10 Oxnard festivals - "Comeback Year" grants $200,000
11 Community Assessment to determine transitions to adulthood among Oxnard Youth Post Covid-19
$300,000
16 Saviers Rd Corridor: formation of South Oxnard Property Business Improvement District
$100,000
21 Visit Oxnard: Branding & publications, destination management, digital advertising $436,000 23 Homeless Housing: temporary staffing to support administration of Mainstream & Emergency Housing Vouchers
$400,000
35 Oxnard Arts Academy $450,000
36 Downtown water trailer, marketing funds, movable/lockable tables & chairs, public art for DOIA
removable bollards & reader boards, 50 trash receptacles $775,000
61 Fire Department Supplied Air Respirators replacement $1,700,000 63 Code Compliance: Tablet purchases for field reporting, access to information, inspections, and video
$12,600
64 PPE Purchase - 1 year supply for City employees $160,000 66 Fire Catch-up Academy: cost of six recruits $580,000 TOTAL: $9,613,600
Selection of ARPA Projects Previously Tabled
During the ARPA project selection process, seventy-three (73) projects were selected and appropriated by Council, totaling approximately $48 million in ARPA funds, with another five (5) projects “tabled” until a further discussion amongst the Council would take place. These five (5) tabled projects total $6,250,000.
For example, the “City-wide Wayfinding Program project,” Item 20 in the orange section on Attachment 3, was tabled by Council in 2021. This project seeks to provide aid to Oxnard’s hospitality industries and business districts by investing in 187
an upgraded wayfinding information system across the City (Attachment 5).
Another example of a previously tabled project was the “Heritage Square building and site enhancements, repairs, and event support” project, Item 38 in the orange section on Attachment 3. This project will complete needed safety improvements to the City-owned structures in the historic square, provide feature enhancements to the buildings, create a better rentable space for the community, maintain operations of the Summer Concert series, and solidify the square as a tourist destination in the City (Attachment 6).
The table below, a subset of Attachment 3, represents all ARPA projects that Council tabled until spring:
Item
No.
Description Amount
20 City-wide wayfinding program $1,000,000
38 Heritage Square building & site enhancements, repairs, and event support
$1,000,000
45 Oxnard Employee Pipeline and Homeless Vocational programs $200,000 51 City-wide painting of curbs red next to fire hydrants $250,000 52 Bike / Pedestrian project: Path along the SCR-3 levee road north of the River Ridge Golf Course between Ventura Rd and Victoria Rd $3,800,000
TOTAL: $6,250,000
New ARPA Projects for Council Consideration
The four projects below are newly recommended by staff and will be categorized under the Replacing Public Sector Revenue Loss category and can be found in the yellow section marked as “NEW” on Attachment 3. These projects total $3,295,000:
Fire Department D.R.A.F.T.S. - $100,000
The Direct Recycling Apparatus Firefighting Training and Sustainability (D.R.A.F.T.S.) utilizes water normally wasted during extended training operations by recycling that water. D.R.A.F.T.S. will aid the Fire Department's training efforts while helping the City save 7.5 million gallons of water on average every year.
City Library Technology Upgrade - $445,000
Replace all network equipment, all PCs with Chromeboxes, new WiFi systems with content filtering, new network firewalls, replace the current end-of-life system to support printing and internet access, and new payment systems. These improvements will be completed at the City's Main Library, South Oxnard Branch Library, and Colonia Branch Library.
This project is additive to the “Main and S. Oxnard branch libraries technology purchases, laptops, security systems, and upgrades; conversion of computer labs with up to 100 Chromebooks for the City's three libraries (includes Colonia)” project, Item 34 on Attachment 3. When staff began implementing Item 34, it was discovered that the current legacy equipment installed at all three City libraries was not robust enough to complete the Council-approved upgrades. The proposed City Library Upgrade project will provide the network and hardware upgrades necessary to complete the tasks listed in Item 34. Doing so will provide residents access to a better, more reliable, and secure network while providing public access to computers and the internet, serving as technology access points for the community. 188
PD Mobile Command Post - $750,000
The Police Department’s Mobile Command Post (MCP) is a platform equivalent to a commercial recreational vehicle.
The MCP is equipped with radio communications and audio-visual equipment to assist in its command and control function at special events, critical and non-critical incidents, relatively complex police operations, and disaster scenes.
The MCP can serve as a backup dispatch operation in the event of a catastrophic failure at the Police Department’s headquarters building. The MCP allows for mobile incident command and use of the Incident Command Systems, facilitating the best possible near-scene decision-making. The MCP also provides mobility, shelter from inclement weather, logistical support, restroom facilities, a conference room, lighting, and electrical power. The Police Department's aging MCP was acquired in 2001 and is due for replacement.
Ventura County Family Justice Center - $2,000,000
Since 2015, the Ventura County Family Justice Center (Center) has sought to engage county, city, and non-profit agencies in a collaborative approach to serving crime victims. This effort has since grown to include more than forty (40) agencies and volunteers working to build the Center.
The Center provides victims of crime a welcoming community that empowers and supports survivors of all ages and their families through comprehensive and holistic services. The Center seeks to use strength-based practices to end abuse and exploitation, pursue justice, and create pathways to hope for affected residents in Ventura County.
Between March 2019 and November 2021, the Center has assisted over 1,900 Oxnard residents, representing a third of the Center’s clients, providing valuable services to survivors of criminal violence.
This project will fund the Center’s Oxnard facility expansion to provide vital services for residents of the City.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
The City has been allocated $59,540,662 in ARPA funding from the federal government, of which half, $29,770,331, was received in May 2021 and deposited into Fund 276-1001-531-7201 (Federal Grant Revenue). The remaining $29,770,331 is expected in May 2022.
If Council approves all projects as listed, a total of $57,737,200 worth of ARPA projects will be appropriated out of $59,540,662 made available by US Treasury. This action would leave $1,803,462 in unappropriated ARPA funds (Attachment 3). During the life of ARPA funding, staff will have the opportunity to ask Council to update the various budgets based on the actual costs as projects begin.
Approval of the recommended action will authorize the City Manager or designee to approve budget appropriations necessary to recognize revenue and appropriate funding to the four new ARPA projects. This action will ensure that ARPA projects are assigned a new project number, streamlined to move at a speedy pace, meet federal deadlines, and deploy much-needed support to the community.
Project numbers have been assigned to each specific ARPA project Council has previously selected for tracking and federal reporting purposes.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Adam Smith, Project Manager
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ATTACHMENTS
1. US Treasury Overview of ARPA Final Rule
2. ARPA Investment List - Councilmember Selections - September 24 and December 7, 2021
3. Updated ARPA Investment List - March 29, 2022
4. World Skate Certification Rules
5. City-wide Wayfinding Project, Item 20
6. Heritage Square Building and Site Enhancements, Item 38
7. ARPA Final Rule
8. ARPA Presentation
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Coronavirus State & Local
Fiscal Recovery Funds:
Overview of the Final Rule
U.S. DEPARTMENT OF THE TREASURY
January 2022
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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
The Overview of the Final Rule provides a summary of major provisions of the final rule for informational purposes and is intended as a brief, simplified user guide to the final rule provisions.
The descriptions provided in this document summarize key provisions of the final rule but are non-exhaustive, do not describe all terms and conditions associated with the use of SLFRF, and do not describe all requirements that may apply to this funding. Any SLFRF funds received are also subject to the terms and conditions of the agreement entered into by Treasury and the respective jurisdiction, which incorporate the provisions of the final rule and the guidance that implements this program.
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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Contents
Introduction .................................................................................................................................................. 4 Overview of the Program .............................................................................................................................. 6 Replacing Lost Public Sector Revenue .......................................................................................................... 9 Responding to Public Health and Economic Impacts of COVID-19 ............................................................. 12 Responding to the Public Health Emergency .......................................................................................... 14 Responding to Negative Economic Impacts ............................................................................................ 16 Assistance to Households ................................................................................................................... 17 Assistance to Small Businesses ........................................................................................................... 21 Assistance to Nonprofits ..................................................................................................................... 23 Aid to Impacted Industries .................................................................................................................. 24 Public Sector Capacity ............................................................................................................................. 26 Public Safety, Public Health, and Human Services Staff ..................................................................... 26 Government Employment and Rehiring Public Sector Staff ............................................................... 27 Effective Service Delivery .................................................................................................................... 28 Capital Expenditures ............................................................................................................................... 30 Framework for Eligible Uses Beyond those Enumerated ....................................................................... 32 Premium Pay ............................................................................................................................................... 35 Water & Sewer Infrastructure .................................................................................................................... 37 Broadband Infrastructure ........................................................................................................................... 39 Restrictions on Use ..................................................................................................................................... 41 Program Administration ............................................................................................................................. 43
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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Introduction
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF), a part of the American Rescue Plan, delivers $350 billion to state, local, and Tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency. The program ensures that governments have the resources needed to:
• Fight the pandemic and support families and businesses struggling with its public health and economic impacts,
• Maintain vital public services, even amid declines in revenue, and • Build a strong, resilient, and equitable recovery by making investments that support long-term growth and opportunity.
EARLY PROGRAM IMPLEMENTATION
In May 2021, Treasury published the Interim final rule (IFR) describing eligible and ineligible uses of funds (as well as other program provisions), sought feedback from the public on these program rules, and began to distribute funds. The IFR went immediately into effect in May, and since then, governments have used SLFRF funds to meet their immediate pandemic response needs and begin building a strong and equitable recovery, such as through providing vaccine incentives, development of affordable housing, and construction of infrastructure to deliver safe and reliable water.
As governments began to deploy this funding in their communities, Treasury carefully considered the feedback provided through its public comment process and other forums. Treasury received over 1,500 comments, participated in hundreds of meetings, and received correspondence from a wide range of governments and other stakeholders.
KEY CHANGES AND CLARIFICATIONS IN THE FINAL RULE
The final rule delivers broader flexibility and greater simplicity in the program, responsive to feedback in the comment process. Among other clarifications and changes, the final rule provides the features below.
Replacing Lost Public Sector Revenue
The final rule offers a standard allowance for revenue loss of $10 million, allowing recipients to select between a standard amount of revenue loss or complete a full revenue loss calculation. Recipients that select the standard allowance may use that amount – in many cases their full award – for government services, with streamlined reporting requirements.
Public Health and Economic Impacts
In addition to programs and services, the final rule clarifies that recipients can use funds for capital expenditures that support an eligible COVID-19 public health or economic response. For example, recipients may build certain affordable housing, childcare facilities, schools, hospitals, and other projects consistent with final rule requirements.
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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
In addition, the final rule provides an expanded set of households and communities that are presumed to be “impacted” and “disproportionately impacted” by the pandemic, thereby allowing recipients to provide responses to a broad set of households and entities without requiring additional analysis.
Further, the final rule provides a broader set of uses available for these communities as part of COVID- 19 public health and economic response, including making affordable housing, childcare, early learning, and services to address learning loss during the pandemic eligible in all impacted communities and making certain community development and neighborhood revitalization activities eligible for disproportionately impacted communities.
Further, the final rule allows for a broader set of uses to restore and support government employment, including hiring above a recipient’s pre-pandemic baseline, providing funds to employees that experienced pay cuts or furloughs, avoiding layoffs, and providing retention incentives.
Premium Pay
The final rule delivers more streamlined options to provide premium pay, by broadening the share of eligible workers who can receive premium pay without a written justification while maintaining a focus on lower-income and frontline workers performing essential work.
Water, Sewer & Broadband Infrastructure
The final rule significantly broadens eligible broadband infrastructure investments to address challenges with broadband access, affordability, and reliability, and adds additional eligible water and sewer infrastructure investments, including a broader range of lead remediation and stormwater management projects.
FINAL RULE EFFECTIVE DATE
The final rule takes effect on April 1, 2022. Until that time, the interim final rule remains in effect; funds used consistently with the IFR while it is in effect are in compliance with the SLFRF program.
However, recipients can choose to take advantage of the final rule’s flexibilities and simplifications now, even ahead of the effective date. Treasury will not take action to enforce the interim final rule to the extent that a use of funds is consistent with the terms of the final rule, regardless of when the SLFRF funds were used. Recipients may consult the Statement Regarding Compliance with the Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule, which can be found on Treasury’s website, for more information on compliance with the interim final rule and the final rule.
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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Overview of the Program
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program provides substantial flexibility for each jurisdiction to meet local needs within the four separate eligible use categories. This Overview of the Final Rule addresses the four eligible use categories ordered from the broadest and most flexible to the most specific.
Recipients may use SLFRF funds to:
• Replace lost public sector revenue, using this funding to provide government services up to the amount of revenue loss due to the pandemic.
• Recipients may determine their revenue loss by choosing between two options:
• A standard allowance of up to $10 million in aggregate, not to exceed their award amount, during the program;
• Calculating their jurisdiction’s specific revenue loss each year using Treasury’s formula, which compares actual revenue to a counterfactual trend. • Recipients may use funds up to the amount of revenue loss for government services; generally, services traditionally provided by recipient governments are government services, unless Treasury has stated otherwise.
• Support the COVID-19 public health and economic response by addressing COVID-19 and its impact on public health as well as addressing economic harms to households, small businesses, nonprofits, impacted industries, and the public sector. • Recipients can use funds for programs, services, or capital expenditures that respond to the public health and negative economic impacts of the pandemic. • To provide simple and clear eligible uses of funds, Treasury provides a list of enumerated uses that recipients can provide to households, populations, or classes (i.e., groups) that experienced pandemic impacts.
• Public health eligible uses include COVID-19 mitigation and prevention, medical expenses, behavioral healthcare, and preventing and responding to violence. • Eligible uses to respond to negative economic impacts are organized by the type of beneficiary: assistance to households, small businesses, and nonprofits. • Each category includes assistance for “impacted” and “disproportionately impacted” classes: impacted classes experienced the general, broad-based impacts of the pandemic, while disproportionately impacted classes faced meaningfully more severe impacts, often due to preexisting disparities. • To simplify administration, the final rule presumes that some populations and groups were impacted or disproportionately impacted and are eligible for responsive services.
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• Eligible uses for assistance to impacted households include aid for re- employment, job training, food, rent, mortgages, utilities, affordable housing development, childcare, early education, addressing learning loss, and many more uses.
• Eligible uses for assistance to impacted small businesses or nonprofits include loans or grants to mitigate financial hardship, technical assistance for small businesses, and many more uses.
• Recipients can also provide assistance to impacted industries like travel, tourism, and hospitality that faced substantial pandemic impacts, or address impacts to the public sector, for example by re-hiring public sector workers cut during the crisis. • Recipients providing funds for enumerated uses to populations and groups that Treasury has presumed eligible are clearly operating consistently with the final rule.
Recipients can also identify (1) other populations or groups, beyond those presumed eligible, that experienced pandemic impacts or disproportionate impacts and (2) other programs, services, or capital expenditures, beyond those enumerated, to respond to those impacts.
• Provide premium pay for eligible workers performing essential work, offering additional support to those who have and will bear the greatest health risks because of their service in critical sectors.
• Recipients may provide premium pay to eligible workers – generally those working in- person in key economic sectors – who are below a wage threshold or non-exempt from the Fair Labor Standards Act overtime provisions, or if the recipient submits justification that the premium pay is responsive to workers performing essential work. • Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, to support vital wastewater and stormwater infrastructure, and to expand affordable access to broadband internet. • Recipients may fund a broad range of water and sewer projects, including those eligible under the EPA’s Clean Water State Revolving Fund, EPA’s Drinking Water State Revolving Fund, and certain additional projects, including a wide set of lead remediation, stormwater infrastructure, and aid for private wells and septic units. • Recipients may fund high-speed broadband infrastructure in areas of need that the recipient identifies, such as areas without access to adequate speeds, affordable options, or where connections are inconsistent or unreliable; completed projects must participate in a low-income subsidy program.
While recipients have considerable flexibility to use funds to address the diverse needs of their communities, some restrictions on use apply across all eligible use categories. These include:
• For states and territories: No offsets of a reduction in net tax revenue resulting from a change in state or territory law.
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• For all recipients except for Tribal governments: No extraordinary contributions to a pension fund for the purpose of reducing an accrued, unfunded liability.
• For all recipients: No payments for debt service and replenishments of rainy day funds; no satisfaction of settlements and judgments; no uses that contravene or violate the American Rescue Plan Act, Uniform Guidance conflicts of interest requirements, and other federal, state, and local laws and regulations.
Under the SLFRF program, funds must be used for costs incurred on or after March 3, 2021. Further, funds must be obligated by December 31, 2024, and expended by December 31, 2026. This time period, during which recipients can expend SLFRF funds, is the “period of performance.” In addition to SLFRF, the American Rescue Plan includes other sources of funding for state and local governments, including the Coronavirus Capital Projects Fund to fund critical capital investments including broadband infrastructure; the Homeowner Assistance Fund to provide relief for our country’s most vulnerable homeowners; the Emergency Rental Assistance Program to assist households that are unable to pay rent or utilities; and the State Small Business Credit Initiative to fund small business credit expansion initiatives. Eligible recipients are encouraged to visit the Treasury website for more information.
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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Replacing Lost Public Sector Revenue
The Coronavirus State and Local Fiscal Recovery Funds provide needed fiscal relief for recipients that have experienced revenue loss due to the onset of the COVID-19 public health emergency. Specifically, SLFRF funding may be used to pay for “government services” in an amount equal to the revenue loss experienced by the recipient due to the COVID-19 public health emergency.
Government services generally include any service traditionally provided by a government, including construction of roads and other infrastructure, provision of public safety and other services, and health and educational services. Funds spent under government services are subject to streamlined reporting and compliance requirements.
In order to use funds under government services, recipients should first determine revenue loss. They may, then, spend up to that amount on general government services.
DETERMINING REVENUE LOSS
Recipients have two options for how to determine their amount of revenue loss. Recipients must choose one of the two options and cannot switch between these approaches after an election is made.
1. Recipients may elect a “standard allowance” of $10 million to spend on government services through the period of performance.
Under this option, which is newly offered in the final rule Treasury presumes that up to $10 million in revenue has been lost due to the public health emergency and recipients are permitted to use that amount (not to exceed the award amount) to fund “government services.” The standard allowance provides an estimate of revenue loss that is based on an extensive analysis of average revenue loss across states and localities, and offers a simple, convenient way to determine revenue loss, particularly for SLFRF’s smallest recipients.
All recipients may elect to use this standard allowance instead of calculating lost revenue using the formula below, including those with total allocations of $10 million or less. Electing the standard allowance does not increase or decrease a recipient’s total allocation.
2. Recipients may calculate their actual revenue loss according to the formula articulated in the final rule.
Under this option, recipients calculate revenue loss at four distinct points in time, either at the end of each calendar year (e.g., December 31 for years 2020, 2021, 2022, and 2023) or the end of each fiscal year of the recipient. Under the flexibility provided in the final rule, recipients can choose whether to use calendar or fiscal year dates but must be consistent throughout the period of performance. Treasury has also provided several adjustments to the definition of general revenue in the final rule.
To calculate revenue loss at each of these dates, recipients must follow a four-step process:
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a. Calculate 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.
b. Estimate counterfactual revenue, which is equal to the following formula, where n is the number of months elapsed since the end of the base year to the calculation date:
𝑏𝑎𝑠𝑒 𝑦𝑒𝑎𝑟 𝑟𝑒𝑣𝑒𝑛𝑢𝑒 × (1 + 𝑔𝑟𝑜𝑤𝑡ℎ 𝑎𝑑𝑗𝑢𝑠𝑡𝑚𝑒𝑛𝑡)
𝑛
12 The growth adjustment is the greater of either a standard growth rate—5.2 percent—or the recipient’s average annual revenue growth in the last full three fiscal years prior to the COVID-19 public health emergency.
c. Identify actual revenue, which equals revenues collected over the twelve months immediately preceding the calculation date.
Under the final rule, recipients must adjust actual revenue totals for the effect of tax cuts and tax increases that are adopted after the date of adoption of the final rule (January 6, 2022). Specifically, the estimated fiscal impact of tax cuts and tax increases adopted after January 6, 2022, must be added or subtracted to the calculation of actual revenue for purposes of calculation dates that occur on or after April 1, 2022.
Recipients may subtract from their calculation of actual revenue the effect of tax increases enacted prior to the adoption of the final rule. Note that recipients that elect to remove the effect of tax increases enacted before the adoption of the final rule must also remove the effect of tax decreases enacted before the adoption of the final rule, such that they are accurately removing the effect of tax policy changes on revenue.
d. Revenue loss for the calculation date is equal to counterfactual revenue minus actual revenue (adjusted for tax changes) for the twelve-month period. If actual revenue exceeds counterfactual revenue, the loss is set to zero for that twelve-month period.
Revenue loss for the period of performance is the sum of the revenue loss on for each calculation date.
The supplementary information in the final rule provides an example of this calculation, which recipients may find helpful, in the Revenue Loss section.
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SPENDING ON GOVERNMENT SERVICES
Recipients can use SLFRF funds on government services up to the revenue loss amount, whether that be the standard allowance amount or the amount calculated using the above approach. Government services generally include any service traditionally provided by a government, unless Treasury has stated otherwise. Here are some common examples, although this list is not exhaustive:
✓ Construction of schools and hospitals
✓ Road building and maintenance, and
other infrastructure
✓ Health services
✓ General government administration,
staff, and administrative facilities
✓ Environmental remediation
✓ Provision of police, fire, and other public
safety services (including purchase of
fire trucks and police vehicles)
Government services is the most flexible eligible use category under the SLFRF program, and funds are subject to streamlined reporting and compliance requirements. Recipients should be mindful that certain restrictions, which are detailed further in the Restrictions on Use section and apply to all uses of funds, apply to government services as well.
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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
Responding to Public Health and Economic Impacts of COVID-19
The Coronavirus State and Local Fiscal Recovery Funds provide resources for governments to meet the public health and economic needs of those impacted by the pandemic in their communities, as well as address longstanding health and economic disparities, which amplified the impact of the pandemic in disproportionately impacted communities, resulting in more severe pandemic impacts.
The eligible use category to respond to public health and negative economic impacts is organized around the types of assistance a recipient may provide and includes several sub-categories:
• public health,
• assistance to households,
• assistance to small businesses,
• assistance to nonprofits,
• aid to impacted industries, and
• public sector capacity.
In general, to identify eligible uses of funds in this category, recipients should (1) identify a COVID-19 public health or economic impact on an individual or class (i.e., a group) and (2) design a program that responds to that impact. Responses should be related and reasonably proportional to the harm identified and reasonably designed to benefit those impacted.
To provide simple, clear eligible uses of funds that meet this standard, Treasury provides a non- exhaustive list of enumerated uses that respond to pandemic impacts. Treasury also presumes that some populations experienced pandemic impacts and are eligible for responsive services. In other words, recipients providing enumerated uses of funds to populations presumed eligible are clearly operating consistently with the final rule.1
Recipients also have broad flexibility to (1) identify and respond to other pandemic impacts and (2) serve other populations that experienced pandemic impacts, beyond the enumerated uses and presumed eligible populations. Recipients can also identify groups or “classes” of beneficiaries that experienced pandemic impacts and provide services to those classes.
1 However, please note that use of funds for enumerated uses may not be grossly disproportionate to the harm. Further, recipients should consult the Capital Expenditures section for more information about pursuing a capital expenditure; please note that enumerated capital expenditures are not presumed to be reasonably proportional responses to an identified harm except as provided in the Capital Expenditures section. 202
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Step 1. Identify COVID-19 public health or
economic impact
2. Design a response that addresses or
responds to the impact
Analysis • Can identify impact to a specific
household, business or nonprofit or
to a class of households, businesses,
or nonprofits (i.e., group)
• Can also identify disproportionate
impacts, or more severe impacts, to
a specific beneficiary or to a class
• Types of responses can include a
program, service, or capital
expenditure
• Response should be related and
reasonably proportional to the harm
• Response should also be reasonably
designed to benefit impacted
individual or class
Simplifying
Presumptions • Final Rule presumes certain
populations and classes are impacted
and disproportionately impacted
• Final Rule provides non-exhaustive
list of enumerated eligible uses that
respond to pandemic impacts and
disproportionate impacts
To assess eligibility of uses of funds, recipients should first determine the sub-category where their use of funds may fit (e.g., public health, assistance to households, assistance to small businesses), based on the entity that experienced the health or economic impact.2 Then, recipients should refer to the relevant section for more details on each sub-category.
While the same overall eligibility standard applies to all uses of funds to respond to the public health and negative economic impacts of the pandemic, each sub-category has specific nuances on its application. In addition:
• Recipients interested in using funds for capital expenditures (i.e., investments in property, facilities, or equipment) should review the Capital Expenditures section in addition to the eligible use sub-category.
• Recipients interested in other uses of funds, beyond the enumerated uses, should refer to the section on “Framework for Eligible Uses Beyond Those Enumerated.”
2 For example, a recipient interested in providing aid to unemployed individuals is addressing a negative economic impact experienced by a household and should refer to the section on assistance to households. Recipients should also be aware of the difference between “beneficiaries” and “sub-recipients.” Beneficiaries are households, small businesses, or nonprofits that can receive assistance based on impacts of the pandemic that they experienced. On the other hand, sub-recipients are organizations that carry out eligible uses on behalf of a government, often through grants or contracts. Sub-recipients do not need to have experienced a negative economic impact of the pandemic; rather, they are providing services to beneficiaries that experienced an impact.
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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
RESPONDING TO THE PUBLIC HEALTH EMERGENCY
While the country has made tremendous progress in the fight against COVID-19, including a historic vaccination campaign, the disease still poses a grave threat to Americans’ health and the economy.
Providing state, local, and Tribal governments the resources needed to fight the COVID-19 pandemic is a core goal of the Coronavirus State and Local Fiscal Recovery Funds, as well as addressing the other ways that the pandemic has impacted public health. Treasury has identified several public health impacts of the pandemic and enumerated uses of funds to respond to impacted populations. • COVID-19 mitigation and prevention. The pandemic has broadly impacted Americans and recipients can provide services to prevent and mitigate COVID-19 to the general public or to small businesses, nonprofits, and impacted industries in general. Enumerated eligible uses include:
✓ Vaccination programs, including vaccine
incentives and vaccine sites
✓ Testing programs, equipment and sites
✓ Monitoring, contact tracing & public
health surveillance (e.g., monitoring for
variants)
✓ Public communication efforts
✓ Public health data systems
✓ COVID-19 prevention and treatment
equipment, such as ventilators and
ambulances
✓ Medical and PPE/protective supplies
✓ Support for isolation or quarantine
✓ Ventilation system installation and
improvement
✓ Technical assistance on mitigation of
COVID-19 threats to public health and
safety
✓ Transportation to reach vaccination or
testing sites, or other prevention and
mitigation services for vulnerable
populations
✓ Support for prevention, mitigation, or
other services in congregate living
facilities, public facilities, and schools
✓ Support for prevention and mitigation
strategies in small businesses, nonprofits,
and impacted industries
✓ Medical facilities generally dedicated to
COVID-19 treatment and mitigation (e.g.,
ICUs, emergency rooms)
✓ Temporary medical facilities and other
measures to increase COVID-19 treatment
capacity
✓ Emergency operations centers &
emergency response equipment (e.g.,
emergency response radio systems)
✓ Public telemedicine capabilities for COVID-
19 related treatment
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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury
• Medical expenses. Funds may be used for expenses to households, medical providers, or others that incurred medical costs due to the pandemic, including:
✓ Unreimbursed expenses for medical care
for COVID-19 testing or treatment, such
as uncompensated care costs for
medical providers or out-of-pocket costs
for individuals
✓ Paid family and medical leave for public
employees to enable compliance with
COVID-19 public health precautions
✓ Emergency medical response expenses
✓ Treatment of long-term symptoms or effects
of COVID-19
• Behavioral health care, such as mental health treatment, substance use treatment, and other behavioral health services. Treasury recognizes that the pandemic has broadly impacted Americans’ behavioral health and recipients can provide these services to the general public to respond.
Enumerated eligible uses include:
✓ Prevention, outpatient treatment,
inpatient treatment, crisis care,
diversion programs, outreach to
individuals not yet engaged in
treatment, harm reduction & long-term
recovery support
✓ Enhanced behavioral health services in
schools
✓ Services for pregnant women or infants
born with neonatal abstinence
syndrome
✓ Support for equitable access to reduce
disparities in access to high-quality
treatment
✓ Peer support groups, costs for residence in
supportive housing or recovery housing, and
the 988 National Suicide Prevention Lifeline
or other hotline services
✓ Expansion of access to evidence-based
services for opioid use disorder prevention,
treatment, harm reduction, and recovery
✓ Behavioral health facilities & equipment
• Preventing and responding to violence. Recognizing that violence – and especially gun violence – has increased in some communities due to the pandemic, recipients may use funds to respond in these communities through:
✓ Referrals to trauma recovery services for
victims of crime
✓ Community violence intervention
programs, including:
• Evidence-based practices like
focused deterrence, with
wraparound services such as
behavioral therapy, trauma
recovery, job training, education,
housing and relocation services, and
financial assistance
✓ In communities experiencing increased
gun violence due to the pandemic:
• Law enforcement officers focused
on advancing community policing
• Enforcement efforts to reduce gun
violence, including prosecution
• Technology & equipment to support
law enforcement response
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RESPONDING TO NEGATIVE ECONOMIC IMPACTS
The pandemic caused severe economic damage and, while the economy is on track to a strong recovery, much work remains to continue building a robust, resilient, and equitable economy in the wake of the crisis and to ensure that the benefits of this recovery reach all Americans. While the pandemic impacted millions of American households and businesses, some of its most severe impacts fell on low-income and underserved communities, where pre-existing disparities amplified the impact of the pandemic and where the most work remains to reach a full recovery.
The final rule recognizes that the pandemic caused broad-based impacts that affected many communities, households, and small businesses across the country; for example, many workers faced unemployment and many small businesses saw declines in revenue. The final rule describes these as “impacted" households, communities, small businesses, and nonprofits.
At the same time, the pandemic caused disproportionate impacts, or more severe impacts, in certain communities. For example, low-income and underserved communities have faced more severe health and economic outcomes like higher rates of COVID-19 mortality and unemployment, often because pre- existing disparities exacerbated the impact of the pandemic. The final rule describes these as “disproportionately impacted” households, communities, small businesses, and nonprofits.
To simplify administration of the program, the final rule presumes that certain populations were “impacted” and “disproportionately impacted” by the pandemic; these populations are presumed to be eligible for services that respond to the impact they experienced. The final rule also enumerates a non- exhaustive list of eligible uses that are recognized as responsive to the impacts or disproportionate impacts of COVID-19. Recipients providing enumerated uses to populations presumed eligible are clearly operating consistently with the final rule.
As discussed further in the section Framework for Eligible Uses Beyond Those Enumerated, recipients can also identify other pandemic impacts, impacted or disproportionately impacted populations or classes, and responses.
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Assistance to Households
Impacted Households and Communities
Treasury presumes the following households and communities are impacted by the pandemic:
✓ Low- or-moderate income households or
communities
✓ Households that experienced
unemployment
✓ Households that experienced increased
food or housing insecurity
✓ Households that qualify for the Children’s
Health Insurance Program, Childcare
Subsidies through the Child Care
Development Fund (CCDF) Program, or
Medicaid
✓ When providing affordable housing programs:
households that qualify for the National Housing
Trust Fund and Home Investment Partnerships
Program
✓ When providing services to address lost
instructional time in K-12 schools: any student
that lost access to in-person instruction for a
significant period of time
Low- or moderate-income households and communities are those with (i) income at or below 300 percent of the Federal Poverty Guidelines for the size of the household based on the most recently published poverty guidelines or (ii) income at or below 65 percent of the area median income for the county and size of household based on the most recently published data. For the vast majority of communities, the Federal Poverty Guidelines are higher than the area’s median income and using the Federal Poverty Guidelines would result in more households and communities being presumed eligible.
Treasury has provided an easy-to-use spreadsheet with Federal Poverty Guidelines and area median income levels on its website.
Recipients can measure income for a specific household or the median income for the community, depending on whether the response they plan to provide serves specific households or the general community. The income thresholds vary by household size; recipients should generally use income thresholds for the appropriate household size but can use a default household size of three when easier for administration or when measuring income for a general community.
The income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $65,880 per year.3 In other words, recipients can always presume that a household earning below this level, or a community with median income below this level, is impacted by the pandemic and eligible for services to respond. Additionally, by following the steps detailed in the section Framework for Eligible Uses Beyond Those Enumerated, recipients may designate additional households as impacted or disproportionately impacted beyond these presumptions, and may also pursue projects not listed below in response to these impacts consistent with Treasury’s standards.
3 For recipients in Alaska, the income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $82,350 per year. For recipients in Hawaii, the income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $75,780 per year.
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Treasury recognizes the enumerated projects below, which have been expanded under the final rule, as eligible to respond to impacts of the pandemic on households and communities:
✓ Food assistance & food banks
✓ Emergency housing assistance: rental
assistance, mortgage assistance, utility
assistance, assistance paying delinquent
property taxes, counseling and legal aid to
prevent eviction and homelessness &
emergency programs or services for homeless
individuals, including temporary residences
for people experiencing homelessness
✓ Health insurance coverage expansion
✓ Benefits for surviving family members of
individuals who have died from COVID-19
✓ Assistance to individuals who want and are
available for work, including job training,
public jobs programs and fairs, support for
childcare and transportation to and from a
jobsite or interview, incentives for newly-
employed workers, subsidized employment,
grants to hire underserved workers,
assistance to unemployed individuals to start
small businesses & development of job and
workforce training centers
✓ Financial services for the unbanked and
underbanked
✓ Burials, home repair & home weatherization
✓ Programs, devices & equipment for internet
access and digital literacy, including subsidies
for costs of access
✓ Cash assistance
✓ Paid sick, medical, and family leave programs
✓ Assistance in accessing and applying for
public benefits or services
✓ Childcare and early learning services, home
visiting programs, services for child welfare-
involved families and foster youth & childcare
facilities
✓ Assistance to address the impact of learning
loss for K-12 students (e.g., high-quality
tutoring, differentiated instruction)
✓ Programs or services to support long-term
housing security: including development of
affordable housing and permanent
supportive housing
✓ Certain contributions to an Unemployment
Insurance Trust Fund4
4 Recipients may only use SLFRF funds for contributions to unemployment insurance trust funds and repayment of the principal amount due on advances received under Title XII of the Social Security Act up to an amount equal to (i) the difference between the balance in the recipient’s unemployment insurance trust fund as of January 27, 2020 and the balance of such account as of May 17, 2021, plus (ii) the principal amount outstanding as of May 17, 2021 on any advances received under Title XII of the Social Security Act between January 27, 2020 and May 17, 2021. Further, recipients may use SLFRF funds for the payment of any interest due on such Title XII advances. Additionally, a recipient that deposits SLFRF funds into its unemployment insurance trust fund to fully restore the pre-pandemic balance may not draw down that balance and deposit more SLFRF funds, back up to the pre-pandemic balance. Recipients that deposit SLFRF funds into an unemployment insurance trust fund, or use SLFRF funds to repay principal on Title XII advances, may not take action to reduce benefits available to unemployed workers by changing the computation method governing regular unemployment compensation in a way that results in a reduction of average weekly benefit amounts or the number of weeks of benefits payable (i.e., maximum benefit entitlement). 208
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Disproportionately Impacted Households and Communities
Treasury presumes the following households and communities are disproportionately impacted by the pandemic:
✓ Low -income households and communities
✓ Households residing in Qualified Census
Tracts
✓ Households that qualify for certain federal
5benefits
✓ Households receiving services provided by
Tribal governments
✓ Households residing in the U.S. territories or
receiving services from these governments
Low-income households and communities are those with (i) income at or below 185 percent of the Federal Poverty Guidelines for the size of its household based on the most recently published poverty guidelines or (ii) income at or below 40 percent of area median income for its county and size of household based on the most recently published data. For the vast majority of communities, the Federal Poverty Guidelines level is higher than the area median income level and using this level would result in more households and communities being presumed eligible. Treasury has provided an easy-to-use spreadsheet with Federal Poverty Guidelines and area median income levels on its website.
Recipients can measure income for a specific household or the median income for the community, depending on whether the service they plan to provide serves specific households or the general community. The income thresholds vary by household size; recipients should generally use income thresholds for the appropriate household size but can use a default household size of three when easier for administration or when measuring income for a general community.
The income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $40,626 per year.6 In other words, recipients can always presume that a household earning below this level, or a community with median income below this level, is disproportionately impacted by the pandemic and eligible for services to respond.
5 These programs are Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), Free- and Reduced-Price Lunch (NSLP) and/or School Breakfast (SBP) programs, Medicare Part D Low-Income Subsidies, Supplemental Security Income (SSI), Head Start and/or Early Head Start, Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), Section 8 Vouchers, Low-Income Home Energy Assistance Program (LIHEAP), and Pell Grants. For services to address educational disparities, Treasury will recognize Title I eligible schools as disproportionately impacted and responsive services that support the school generally or support the whole school as eligible. 6 For recipients in Alaska, the income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $50,783 per year. For recipients in Hawaii, the income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $46,731 per year
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Treasury recognizes the enumerated projects below, which have been expanded under the final rule, as eligible to respond to disproportionate impacts of the pandemic on households and communities:
✓ Pay for community health workers to help
households access health & social services
✓ Remediation of lead paint or other lead
hazards
✓ Primary care clinics, hospitals, integration of
health services into other settings, and other
investments in medical equipment & facilities
designed to address health disparities
✓ Housing vouchers & assistance relocating to
neighborhoods with higher economic
opportunity
✓ Investments in neighborhoods to promote
improved health outcomes
✓ Improvements to vacant and abandoned
properties, including rehabilitation or
maintenance, renovation, removal and
remediation of environmental contaminants,
demolition or deconstruction, greening/vacant lot
cleanup & conversion to affordable housing7
✓ Services to address educational disparities,
including assistance to high-poverty school
districts & educational and evidence-based
services to address student academic, social,
emotional, and mental health needs
✓ Schools and other educational equipment &
facilities
7 Please see the final rule for further details and conditions applicable to this eligible use. This includes Treasury’s presumption that demolition of vacant or abandoned residential properties that results in a net reduction in occupiable housing units for low- and moderate-income individuals in an area where the availability of such housing is lower than the need for such housing is ineligible for support with SLFRF funds.
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Assistance to Small Businesses
Small businesses have faced widespread challenges due to the pandemic, including periods of shutdown, declines in revenue, or increased costs. The final rule provides many tools for recipients to respond to the impacts of the pandemic on small businesses, or disproportionate impacts on businesses where pre-existing disparities like lack of access to capital compounded the pandemic’s effects.
Small businesses eligible for assistance are those that experienced negative economic impacts or disproportionate impacts of the pandemic and meet the definition of “small business,” specifically:
1. Have 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. Are a small business concern as defined in section 3 of the Small Business Act8 (which includes, among other requirements, that the business is independently owned and operated and is not dominant in its field of operation).
Impacted Small Businesses
Recipients can identify small businesses impacted by the pandemic, and measures to respond, in many ways; for example, recipients could consider:
✓ Decreased revenue or gross receipts
✓ Financial insecurity
✓ Increased costs
✓ Capacity to weather financial hardship
✓ Challenges covering payroll, rent or
mortgage, and other operating costs
Assistance to small businesses that experienced negative economic impacts includes the following enumerated uses:
✓ Loans or grants to mitigate financial
hardship, such as by supporting payroll
and benefits, costs to retain employees,
and mortgage, rent, utility, and other
operating costs
✓ Technical assistance, counseling, or other
services to support business planning
Disproportionately Impacted Small Businesses
Treasury presumes that the following small businesses are disproportionately impacted by the pandemic:
8 15 U.S.C. 632.
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✓ Small businesses operating in Qualified
Census Tracts
✓ Small businesses operated by Tribal
governments or on Tribal lands
✓ Small businesses operating in the U.S.
territories
Assistance to disproportionately impacted small businesses includes the following enumerated uses, which have been expanded under the final rule:
✓ Rehabilitation of commercial properties,
storefront improvements & façade
improvements
✓ Technical assistance, business incubators &
grants for start-up or expansion costs for
small businesses
✓ Support for microbusinesses, including
financial, childcare, and transportation costs
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Assistance to Nonprofits
Nonprofits have faced significant challenges due to the pandemic’s increased demand for services and changing operational needs, as well as declines in revenue sources such as donations and fees.
Nonprofits eligible for assistance are those that experienced negative economic impacts or disproportionate impacts of the pandemic and meet the definition of “nonprofit”—specifically those that are 501(c)(3) or 501(c)(19) tax-exempt organizations.
Impacted Nonprofits
Recipients can identify nonprofits impacted by the pandemic, and measures to respond, in many ways; for example, recipients could consider:
✓ Decreased revenue (e.g., from donations
and fees)
✓ Financial insecurity
✓ Increased costs (e.g., uncompensated
increases in service need)
✓ Capacity to weather financial hardship
✓ Challenges covering payroll, rent or
mortgage, and other operating costs
Assistance to nonprofits that experienced negative economic impacts includes the following enumerated uses:
✓ Loans or grants to mitigate financial
hardship
✓ Technical or in-kind assistance or other
services that mitigate negative economic
impacts of the pandemic
Disproportionately Impacted Nonprofits
Treasury presumes that the following nonprofits are disproportionately impacted by the pandemic:
✓ Nonprofits operating in Qualified Census
Tracts
✓ Nonprofits operated by Tribal
governments or on Tribal lands
✓ Nonprofits operating in the U.S. territories
Recipients may identify appropriate responses that are related and reasonably proportional to addressing these disproportionate impacts.
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Aid to Impacted Industries
Recipients may use SLFRF funding to provide aid to industries impacted by the COVID-19 pandemic.
Recipients should first designate an impacted industry and then provide aid to address the impacted industry’s negative economic impact.
This sub-category of eligible uses does not separately identify disproportionate impacts and corresponding responsive services.
1. Designating an impacted industry. There are two main ways an industry can be designated as “impacted.”
1. If the industry is in the travel, tourism, or hospitality sectors (including Tribal development districts), the industry is impacted.
2. If the industry is outside the travel, tourism, or hospitality sectors, the industry is impacted if:
a. The industry experienced at least 8 percent employment loss from pre-pandemic levels,9 or
b. The industry is experiencing comparable or worse economic impacts as the national tourism, travel, and hospitality industries as of the date of the final rule, based on the totality of economic indicators or qualitative data (if quantitative data is unavailable), and if the impacts were generally due to the COVID-19 public health emergency.
Recipients have flexibility to define industries broadly or narrowly, but Treasury encourages recipients to define narrow and discrete industries eligible for aid. State and territory recipients also have flexibility to define the industries with greater geographic precision; for example, a state may identify a particular industry in a certain region of a state as impacted.
2. Providing eligible aid to the impacted industry. Aid may only be provided to support businesses, attractions, and Tribal development districts operating prior to the pandemic and affected by required closures and other efforts to contain the pandemic. Further, aid should be generally broadly available to all businesses within the impacted industry to avoid potential conflicts of interest, and Treasury encourages aid to be first used for operational expenses, such as payroll, before being used on other types of costs.
9 Specifically, a recipient should compare the percent change in the number of employees of the recipient’s identified industry and the national Leisure & Hospitality sector in the three months before the pandemic’s most severe impacts began (a straight three-month average of seasonally-adjusted employment data from December 2019, January 2020, and February 2020) with the latest data as of the final rule (a straight three-month average of seasonally-adjusted employment data from September 2021, October 2021, and November 2021). For parity and simplicity, smaller recipients without employment data that measure industries in their specific jurisdiction may use data available for a broader unit of government for this calculation (e.g., a county may use data from the state in which it is located; a city may use data for the county, if available, or state in which it is located) solely for purposes of determining whether a particular industry is an impacted industry. 214
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Treasury recognizes the enumerated projects below as eligible responses to impacted industries.
✓ Aid to mitigate financial hardship, such
as supporting payroll costs, lost pay and
benefits for returning employees,
support of operations and maintenance
of existing equipment and facilities
✓ Technical assistance, counseling, or
other services to support business
planning
✓ COVID-19 mitigation and infection
prevention measures (see section Public
Health)
As with all eligible uses, recipients may pursue a project not listed above by undergoing the steps outlined in the section Framework for Eligible Uses Beyond Those Enumerated.
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PUBLIC SECTOR CAPACITY
Recipients may use SLFRF funding to restore and bolster public sector capacity, which supports government’s ability to deliver critical COVID-19 services. There are three main categories of eligible uses to bolster public sector capacity and workforce: Public Safety, Public Health, and Human Services Staff; Government Employment and Rehiring Public Sector Staff; and Effective Service Delivery.
Public Safety, Public Health, and Human Services Staff
SLFRF funding may be used for payroll and covered benefits for public safety, public health, health care, human services and similar employees of a recipient government, for the portion of the employee’s time spent responding to COVID-19. Recipients should follow the steps below.
1. Identify eligible public safety, public health, and human services staff. Public safety staff include:
✓ Police officers (including state police
officers)
✓ Sheriffs and deputy sheriffs
✓ Firefighters
✓ Emergency medical responders
✓ Correctional and detention officers
✓ Dispatchers and supervisor personnel
that directly support public safety staff
Public health staff include:
✓ Employees involved in providing medical
and other physical or mental health
services to patients and supervisory
personnel, including medical staff
assigned to schools, prisons, and other
such institutions
✓ Laboratory technicians, medical
examiners, morgue staff, and other
support services essential for patient
care
✓ Employees of public health
departments directly engaged in
public health matters and related
supervisory personnel
Human services staff include:
✓ Employees providing or administering
social services and public benefits
✓ Child welfare services employees
✓ Child, elder, or family care employees
2. Assess portion of time spent on COVID-19 response for eligible staff.
Recipients can use a variety of methods to assess the share of an employees’ time spent responding to COVID-19, including using reasonable estimates—such as estimating the share of time based on discussions with staff and applying that share to all employees in that position.
For administrative convenience, recipients can consider public health and safety employees entirely devoted to responding to COVID-19 (and their payroll and benefits fully covered by SLFRF) if the 216
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employee, or his or her operating unit or division, is “primarily dedicated” to responding to COVID-
19. Primarily dedicated means that more than half of the employee, unit, or division’s time is dedicated to responding to COVID-19.
Recipients must periodically reassess their determination and maintain records to support their assessment, although recipients do not need to track staff hours.
3. Use SLFRF funding for payroll and covered benefits for the portion of eligible staff time spent on COVID-19 response. SLFRF funding may be used for payroll and covered benefits for the portion of the employees’ time spent on COVID-19 response, as calculated above, through the period of performance.
Government Employment and Rehiring Public Sector Staff
Under the increased flexibility of the final rule, SLFRF funding may be used to support a broader set of uses to restore and support public sector employment. Eligible uses include hiring up to a pre-pandemic baseline that is adjusted for historic underinvestment in the public sector, providing additional funds for employees who experienced pay cuts or were furloughed, avoiding layoffs, providing worker retention incentives, and paying for ancillary administrative costs related to hiring, support, and retention. • Restoring pre-pandemic employment. Recipients have two options to restore pre-pandemic employment, depending on the recipient’s needs.
• If the recipient simply wants to hire back employees for pre-pandemic positions: Recipients may use SLFRF funds to hire employees for the same positions that existed on January 27, 2020 but that were unfilled or eliminated as of March 3, 2021. Recipients may use SLFRF funds to cover payroll and covered benefits for such positions through the period of performance.
• If the recipient wants to hire above the pre-pandemic baseline and/or would like to have flexibility in positions: Recipients may use SLFRF funds to pay for payroll and covered benefits associated with the recipient increasing its number of budgeted FTEs up to 7.5 percent above its pre-pandemic baseline. Specifically, recipients should undergo the following steps:
a. Identify the recipient’s budgeted FTE level on January 27, 2020. This includes all budgeted positions, filled and unfilled. This is called the pre-pandemic baseline. b. Multiply the pre-pandemic baseline by 1.075. This is called the adjusted pre- pandemic baseline.
c. Identify the recipient’s budgeted FTE level on March 3, 2021, which is the beginning of the period of performance for SLFRF funds. Recipients may, but are not required to, exclude the number of FTEs dedicated to responding to the COVID-19 public health emergency. This is called the actual number of FTEs. d. Subtract the actual number of FTEs from the adjusted pre-pandemic baseline to calculate the number of FTEs that can be covered by SLFRF funds. Recipients do not have to hire for the same roles that existed pre-pandemic. 217
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Recipients may use SLFRF funds to cover payroll and covered benefits through the period of performance; these employees must have begun their employment on or after March 3, 2021. Recipients may only use SLFRF funds for additional FTEs hired over the March 3, 2021 level (i.e., the actual number of FTEs).
• Supporting and retaining public sector workers. Recipients can also use funds in other ways that support the public sector workforce.10 These include:
o Providing additional funding for employees who experienced pay reductions or were furloughed since the onset of the pandemic, up to the difference in the employee’s pay, taking into account unemployment benefits received.
o Maintaining current compensation levels to prevent layoffs. SLFRF funds may be used to maintain current compensation levels, with adjustments for inflation, in order to prevent layoffs that would otherwise be necessary.
o Providing worker retention incentives, including reasonable increases in compensation to persuade employees to remain with the employer as compared to other employment options. Retention incentives must be entirely additive to an employee’s regular compensation, narrowly tailored to need, and should not exceed incentives traditionally offered by the recipient or compensation that alternative employers may offer to compete for the employees. Treasury presumes that retention incentives that are less than 25 percent of the rate of base pay for an individual employee or 10 percent for a group or category of employees are reasonably proportional to the need to retain employees, as long as other requirements are met.
• Covering administrative costs associated with administering the hiring, support, and retention programs above.
Effective Service Delivery
SLFRF funding may be used to improve the efficacy of public health and economic programs through tools like program evaluation, data, and outreach, as well as to address administrative needs caused or exacerbated by the pandemic. Eligible uses include:
• Supporting program evaluation, data, and outreach through:
10 Recipients should be able to substantiate that these uses of funds are substantially due to the public health emergency or its negative economic impacts (e.g., fiscal pressures on state and local budgets) and respond to its impacts. See the final rule for details on these uses.
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✓ Program evaluation and evidence
resources
✓ Data analysis resources to gather,
assess, share, and use data
✓ Technology infrastructure to improve
access to and the user experience of
government IT systems, as well as
technology improvements to increase
public access and delivery of
government programs and services
✓ Community outreach and engagement
activities
✓ Capacity building resources to support
using data and evidence, including
hiring staff, consultants, or technical
assistance support
• Addressing administrative needs, including:
✓ Administrative costs for programs
responding to the public health
emergency and its economic impacts,
including non-SLFRF and non-federally
funded programs
✓ Address administrative needs caused
or exacerbated by the pandemic,
including addressing backlogs caused
by shutdowns, increased repair or
maintenance needs, and technology
infrastructure to adapt government
operations to the pandemic (e.g.,
video-conferencing software, data and
case management systems)
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CAPITAL EXPENDITURES
As described above, the final rule clarifies that recipients may use funds for programs, services, and capital expenditures that respond to the public health and negative economic impacts of the pandemic.
Any use of funds in this category for a capital expenditure must comply with the capital expenditure requirements, in addition to other standards for uses of funds.
Capital expenditures are subject to the same eligibility standard as other eligible uses to respond to the pandemic’s public health and economic impacts; specifically, they must be related and reasonably proportional to the pandemic impact identified and reasonably designed to benefit the impacted population or class.
For ease of administration, the final rule identifies enumerated types of capital expenditures that Treasury has identified as responding to the pandemic’s impacts; these are listed in the applicable sub- category of eligible uses (e.g., public health, assistance to households, etc.). Recipients may also identify other responsive capital expenditures. Similar to other eligible uses in the SLFRF program, no pre- approval is required for capital expenditures.
To guide recipients’ analysis of whether a capital expenditure meets the eligibility standard, recipients (with the exception of Tribal governments) must complete and meet the requirements of a written justification for capital expenditures equal to or greater than $1 million. For large-scale capital expenditures, which have high costs and may require an extended length of time to complete, as well as most capital expenditures for non-enumerated uses of funds, Treasury requires recipients to submit their written justification as part of regular reporting. Specifically:
If a project has
total capital
expenditures
of
and the use is enumerated by Treasury
as eligible, then
and the use is beyond those
enumerated by Treasury as eligible,
then
Less than $1
million
No Written Justification required No Written Justification required Greater than or
equal to $1
million, but
less than $10
million
Written Justification required but
recipients are not required to submit as
part of regular reporting to Treasury Written Justification required and recipients must submit as part of regular
reporting to Treasury
$10 million or
more
Written Justification required and
recipients must submit as part of regular
reporting to Treasury
A Written Justification includes:
• Description of the harm or need to be addressed. Recipients should provide a description of the specific harm or need to be addressed and why the harm was exacerbated or caused by the public health emergency. Recipients may provide quantitative information on the extent and the type of harm, such as the number of individuals or entities affected. 220
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• Explanation of why a capital expenditure is appropriate. For example, recipients should include an explanation of why existing equipment and facilities, or policy changes or additional funding to pertinent programs or services, would be inadequate. • Comparison of proposed capital project against at least two alternative capital expenditures and demonstration of why the proposed capital expenditure is superior. Recipients should consider the effectiveness of the capital expenditure in addressing the harm identified and the expected total cost (including pre-development costs) against at least two alternative capital expenditures.
Where relevant, recipients should consider the alternatives of improving existing capital assets already owned or leasing other capital assets.
Treasury presumes that the following capital projects are generally ineligible:
Construction of new correctional
facilities as a response to an increase in
rate of crime
Construction of new congregate
facilities to decrease spread of COVID-19
in the facility
Construction of convention centers,
stadiums, or other large capital projects
intended for general economic
development or to aid impacted
industries
In undertaking capital expenditures, Treasury encourages recipients to adhere to 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. Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws.
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FRAMEWORK FOR ELIGIBLE USES BEYOND THOSE ENUMERATED
As described above, recipients have broad flexibility to identify and respond to other pandemic impacts and serve other populations that experienced pandemic impacts, beyond the enumerated uses and presumed eligible populations. Recipients should undergo the following steps to decide whether their project is eligible:
Step 1. Identify COVID-19 public health or
economic impact
2. Design a response that addresses or
responds to the impact
Analysis • Can identify impact to a specific
household, business or nonprofit or to
a class of households, businesses or
nonprofits (i.e., group)
• Can also identify disproportionate
impacts, or more severe impacts, to a
specific beneficiary or to a class
• Types of responses can include a
program, service, or capital
expenditure
• Response should be related and
reasonably proportional to the harm
• Response should also be reasonably
designed to benefit impacted
individual or class
1. Identify a COVID-19 public health or negative economic impact on an individual or a class.
Recipients should identify an individual or class that is “impacted” or “disproportionately impacted” by the COVID-19 public health emergency or its negative economic impacts as well as the specific impact itself.
• “Impacted” entities are those impacted by the disease itself or the harmful consequences of the economic disruptions resulting from or exacerbated by the COVID- 19 public health emergency. For example, an individual who lost their job or a small business that saw lower revenue during a period of closure would both have experienced impacts of the pandemic.
• “Disproportionately impacted” entities are those that experienced disproportionate public health or economic outcomes from the pandemic; Treasury recognizes that pre- existing disparities, in many cases, amplified the impacts of the pandemic, causing more severe impacts in underserved communities. For example, a household living in a neighborhood with limited access to medical care and healthy foods may have faced health disparities before the pandemic, like a higher rate of chronic health conditions, that contributed to more severe health outcomes during the COVID-19 pandemic.
The recipient may choose to identify these impacts at either the individual level or at a class level. If the recipient is identifying impacts at the individual level, they should retain documentation supporting the impact the individual experienced (e.g., documentation of lost revenues from a small business). Such documentation can be streamlined in many cases (e.g., self-attestation that a household requires food assistance).
Recipients also have broad flexibility to identify a “class” – or a group of households, small businesses, or nonprofits – that experienced an impact. In these cases, the recipients should 222
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first identify the class and the impact that it faced. Then, recipients only need to document that the individuals served fall within that class; recipients do not need to document a specific impact to each individual served. For example, a recipient could identify that restaurants in the downtown area faced substantial declines in revenue due to decreased foot traffic from workers; the recipient could develop a program to respond to the impact on that class and only needs to document that the businesses being served are restaurants in the downtown area.
Recipients should keep the following considerations in mind when designating a class:
• There should be a relationship between the definition of the class and the proposed response. Larger and less-specific classes are less likely to have experienced similar harms, which may make it more difficult to design a response that appropriately responds to those harms.
• Classes may be determined on a population basis or on a geographic basis, and the response should be appropriately matched. For example, a response might be designed to provide childcare to single parents, regardless of which neighborhood they live in, or a response might provide a park to improve the health of a disproportionately impacted neighborhood.
• Recipients may designate classes that experienced disproportionate impact, by assessing the impacts of the pandemic and finding that some populations experienced meaningfully more severe impacts than the general public. To determine these disproportionate impacts, recipients:
o May designate classes based on academic research or government research publications (such as the citations provided in the supplementary information in the final rule), through analysis of their own data, or through analysis of other existing data sources.
o May also consider qualitative research and sources to augment their analysis, or when quantitative data is not readily available. Such sources might include resident interviews or feedback from relevant state and local agencies, such as public health departments or social services departments. o Should consider the quality of the research, data, and applicability of analysis to their determination in all cases.
• Some of the enumerated uses may also be appropriate responses to the impacts experienced by other classes of beneficiaries. It is permissible for recipients to provide these services to other classes, so long as the recipient determines that the response is also appropriate for those groups.
• Recipients may designate a class based on income level, including at levels higher than the final rule definition of "low- and moderate-income." For example, a recipient may identify that households in their community with incomes above the final rule threshold for low-income nevertheless experienced disproportionate impacts from the pandemic and provide responsive services.
2. Design a response that addresses or responds to the impact. Programs, services, and other interventions must be reasonably designed to benefit the individual or class that experienced 223
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the impact. They must also be related and reasonably proportional to the extent and type of impact experienced. For example, uses that bear no relation or are grossly disproportionate to the type or extent of the impact would not be eligible.
“Reasonably proportional” refers to the scale of the response compared to the scale of the harm, as well as the targeting of the response to beneficiaries compared to the amount of harm they experienced; for example, it may not be reasonably proportional for a cash assistance program to provide a very small amount of aid to a group that experienced severe harm and a much larger amount to a group that experienced relatively little harm. Recipients should consider relevant factors about the harm identified and the response to evaluate whether the response is reasonably proportional. For example, recipients may consider the size of the population impacted and the severity, type, and duration of the impact. Recipients may also consider the efficacy, cost, cost-effectiveness, and time to delivery of the response.
For disproportionately impacted communities, recipients may design interventions that address broader pre-existing disparities that contributed to more severe health and economic outcomes during the pandemic, such as disproportionate gaps in access to health care or pre-existing disparities in educational outcomes that have been exacerbated by the pandemic.
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Premium Pay
The Coronavirus State and Local Fiscal Recovery Funds may be used to provide premium pay to eligible workers performing essential work during the pandemic. Premium pay may be awarded to eligible workers up to $13 per hour. Premium pay must be in addition to wages or remuneration (i.e., compensation) the eligible worker otherwise receives. Premium pay may not exceed $25,000 for any single worker during the program.
Recipients should undergo the following steps to provide premium pay to eligible workers.
1. Identify an “eligible” worker. Eligible workers include workers “needed to maintain continuity of operations of essential critical infrastructure sectors.” These sectors and occupations are eligible:
✓ Health care
✓ Emergency response
✓ Sanitation, disinfection & cleaning
✓ Maintenance
✓ Grocery stores, restaurants, food
production, and food delivery
✓ Pharmacy
✓ Biomedical research
✓ Behavioral health
✓ Medical testing and diagnostics
✓ Home and community-based health care
or assistance with activities of daily living
✓ Family or child care
✓ Social services
✓ Public health
✓ Mortuary
✓ Critical clinical research, development,
and testing necessary for COVID-19
response
✓ State, local, or Tribal government
workforce
✓ Workers providing vital services to
Tribes
✓ Educational, school nutrition, and other
work required to operate a school
facility
✓ Laundry
✓ Elections
✓ Solid waste or hazardous materials
management, response, and cleanup
✓ Work requiring physical interaction with
patients
✓ Dental care
✓ Transportation and warehousing
✓ Hotel and commercial lodging facilities
that are used for COVID-19 mitigation
and containment
Beyond this list, the chief executive (or equivalent) of a recipient government may designate additional non-public sectors as critical so long as doing so is necessary to protecting the health and wellbeing of the residents of such jurisdictions.
2. Verify that the eligible worker performs “essential work,” meaning work that:
• Is not performed while teleworking from a residence; and • Involves either:
a. regular, in-person interactions with patients, the public, or coworkers of the individual that is performing the work; or
b. 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.
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3. Confirm that the premium pay “responds to” workers performing essential work during the COVID-19 public health emergency. Under the final rule, which broadened the share of eligible workers who can receive premium pay without a written justification, recipients may meet this requirement in one of three ways:
• Eligible worker receiving premium pay is earning (with the premium included) at or below 150 percent of their residing state or county’s average annual wage for all occupations, as defined by the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics, whichever is higher, on an annual basis; or
• Eligible worker receiving premium pay is not exempt from the Fair Labor Standards Act overtime provisions; or
• If a worker does not meet either of the above requirements, the recipient must submit written justification to Treasury detailing how the premium pay is otherwise responsive to workers performing essential work during the public health emergency. This may include a description of the essential worker’s duties, health, or financial risks faced due to COVID-19, and why the recipient determined that the premium pay was responsive. Treasury anticipates that recipients will easily be able to satisfy the justification requirement for front-line workers, like nurses and hospital staff.
Premium pay may be awarded in installments or lump sums (e.g., monthly, quarterly, etc.) and may be awarded to hourly, part-time, or salaried or non-hourly workers. Premium pay must be paid in addition to wages already received and may be paid retrospectively. A recipient may not use SLFRF to merely reimburse itself for premium pay or hazard pay already received by the worker, and premium pay may not be paid to volunteers.
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Water & Sewer Infrastructure
The Coronavirus State and Local Fiscal Recovery Funds may be used to make necessary investments in water and sewer infrastructure. State, local, and Tribal governments have a tremendous need to address the consequences of deferred maintenance in drinking water systems and removal, management, and treatment of sewage and stormwater, along with additional resiliency measures needed to adapt to climate change.
Recipients may undertake the eligible projects below:
PROJECTS ELIGIBLE UNDER EPA’S CLEAN WATER STATE REVOLVING FUND (CWSRF) Eligible projects under the CWSRF, and the final rule, include:
✓ Construction of publicly owned
treatment works
✓ Projects pursuant to implementation
of a nonpoint source pollution
management program established
under the Clean Water Act (CWA)
✓ Decentralized wastewater treatment
systems that treat municipal
wastewater or domestic sewage
✓ Management and treatment of
stormwater or subsurface drainage
water
✓ Water conservation, efficiency, or
reuse measures
✓ Development and implementation of a
conservation and management plan
under the CWA
✓ Watershed projects meeting the
criteria set forth in the CWA
✓ Energy consumption reduction for
publicly owned treatment works
✓ Reuse or recycling of wastewater,
stormwater, or subsurface drainage
water
✓ Security of publicly owned treatment
works
Treasury encourages recipients to review the EPA handbook for the CWSRF for a full list of eligibilities.
PROJECTS ELIGIBLE UNDER EPA’S DRINKING WATER STATE REVOLVING FUND (DWSRF) Eligible drinking water projects under the DWSRF, and the final rule, include:
✓ Facilities to improve drinking water
quality
✓ Transmission and distribution,
including improvements of water
pressure or prevention of
contamination in infrastructure and
lead service line replacements
✓ New sources to replace contaminated
drinking water or increase drought
resilience, including aquifer storage
and recovery system for water storage
✓ Green infrastructure, including green
roofs, rainwater harvesting collection,
permeable pavement
✓ Storage of drinking water, such as to
prevent contaminants or equalize
water demands
✓ Purchase of water systems and
interconnection of systems
✓ New community water systems
Treasury encourages recipients to review the EPA handbook for the DWSRF for a full list of eligibilities. 227
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ADDITIONAL ELIGIBLE PROJECTS
With broadened eligibility under the final rule, SLFRF funds may be used to fund additional types of projects— such as additional stormwater infrastructure, residential wells, lead remediation, and certain rehabilitations of dams and reservoirs — beyond the CWSRF and DWSRF, if they are found to be “necessary” according to the definition provided in the final rule and outlined below. ✓ Culvert repair, resizing, and removal,
replacement of storm sewers, and
additional types of stormwater
infrastructure
✓ Infrastructure to improve access to
safe drinking water for individual
served by residential wells, including
testing initiatives, and
treatment/remediation strategies that
address contamination
✓ Dam and reservoir rehabilitation if
primary purpose of dam or reservoir is
for drinking water supply and project
is necessary for provision of drinking
water
✓ Broad set of lead remediation projects
eligible under EPA grant programs
authorized by the Water
Infrastructure Improvements for the
Nation (WIIN) Act, such as lead
testing, installation of corrosion
control treatment, lead service line
replacement, as well as water quality
testing, compliance monitoring, and
remediation activities, including
replacement of internal plumbing and
faucets and fixtures in schools and
childcare facilities
A “necessary” investment in infrastructure must be:
(1) responsive to an identified need to achieve or maintain an adequate minimum level of service, which may include a reasonable projection of increased need, whether due to population growth or otherwise,
(2) a cost-effective means for meeting that need, taking into account available alternatives, and (3) for investments in infrastructure that supply drinking water in order to meet projected population growth, projected to be sustainable over its estimated useful life.
Please note that DWSRF and CWSRF-eligible projects are generally presumed to be necessary investments. Additional eligible projects generally must be responsive to an identified need to achieve or maintain an adequate minimum level of service. Recipients are only required to assess cost- effectiveness of projects for the creation of new drinking water systems, dam and reservoir rehabilitation projects, or projects for the extension of drinking water service to meet population growth needs. Recipients should review the supplementary information to the final rule for more details on requirements applicable to each type of investment.
APPLICABLE STANDARDS & REQUIREMENTS
Treasury encourages recipients to adhere to 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. Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws.
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Broadband Infrastructure
The Coronavirus State and Local Fiscal Recovery Funds may be used to make necessary investments in broadband infrastructure, which has been shown to be critical for work, education, healthcare, and civic participation during the public health emergency. The final rule broadens the set of eligible broadband infrastructure investments that recipients may undertake.
Recipients may pursue investments in broadband infrastructure meeting technical standards detailed below, as well as an expanded set of cybersecurity investments.
BROADBAND INFRASTRUCTURE INVESTMENTS
Recipients should adhere to the following requirements when designing a broadband infrastructure project:
1. Identify an eligible area for investment. Recipients are encouraged to prioritize projects that are designed to serve locations without access to reliable wireline 100/20 Mbps broadband service (meaning service that reliably provides 100 Mbps download speed and 20 Mbps upload speed through a wireline connection), but are broadly able to invest in projects designed to provide service to locations with an identified need for additional broadband investment.
Recipients have broad flexibility to define need in their community. Examples of need could include:
✓ Lack of access to a reliable high-speed
broadband connection
✓ Lack of affordable broadband
✓ Lack of reliable service
If recipients are considering deploying broadband to locations where there are existing and enforceable federal or state funding commitments for reliable service of at least 100/20 Mbps, recipients must ensure that SLFRF funds are designed to address an identified need for additional broadband investment that is not met by existing federal or state funding commitments. Recipients must also ensure that SLFRF funds will not be used for costs that will be reimbursed by the other federal or state funding streams.
2. Design project to meet high-speed technical standards. Recipients are required to design projects to, upon completion, reliably meet or exceed symmetrical 100 Mbps download and upload speeds. 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, eligible projects may be designed to reliably meet or exceed 100/20 Mbps and be scalable to a minimum of symmetrical 100 Mbps download and upload speeds.
Treasury encourages recipients to prioritize investments in fiber-optic infrastructure wherever feasible and to focus on projects that will achieve last-mile connections. Further, Treasury encourages recipients to prioritize support for broadband networks owned, operated by, or affiliated with local governments, nonprofits, and co-operatives.
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3. Require enrollment in a low-income subsidy program. Recipients must require the service provider for a broadband project that provides service to households to either:
✓ Participate in the FCC’s Affordable
Connectivity Program (ACP)
✓ Provide access to a broad-based
affordability program to low-income
consumers that provides benefits
commensurate to ACP
Treasury encourages broadband services to also include at least one low-cost option offered without data usage caps at speeds sufficient for a household with multiple users to simultaneously telework and engage in remote learning. Recipients are also encouraged to consult with the community on affordability needs.
CYBERSECURITY INVESTMENTS
SLFRF may be used for modernization of cybersecurity for existing and new broadband infrastructure, regardless of their speed delivery standards. This includes modernization of hardware and software.
APPLICABLE STANDARDS & REQUIREMENTS
Treasury encourages recipients to adhere to 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. Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws.
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Restrictions on Use
While recipients have considerable flexibility to use Coronavirus State and Local Fiscal Recovery Funds to address the diverse needs of their communities, some restrictions on use of funds apply.
OFFSET A REDUCTION IN NET TAX REVENUE
• States and territories may not use this funding to directly or indirectly offset a reduction in net tax revenue resulting from a change in law, regulation, or administrative interpretation beginning on March 3, 2021, through the last day of the fiscal year in which the funds provided have been spent. If a state or territory cuts taxes during this period, it must demonstrate how it paid for the tax cuts from sources other than SLFRF, such as by enacting policies to raise other sources of revenue, by cutting spending, or through higher revenue due to economic growth. If the funds provided have been used to offset tax cuts, the amount used for this purpose must be repaid to the Treasury.
DEPOSITS INTO PENSION FUNDS
• No recipients except Tribal governments may use this funding to make a deposit to a pension fund. Treasury defines a “deposit” as an extraordinary contribution to a pension fund for the purpose of reducing an accrued, unfunded liability. While pension deposits are prohibited, recipients may use funds for routine payroll contributions connected to an eligible use of funds (e.g., for public health and safety staff). Examples of extraordinary payments include ones that:
Reduce a liability incurred prior to the
start of the COVID-19 public health
emergency and occur outside the
recipient's regular timing for making the
payment
Occur at the regular time for pension
contributions but is larger than a regular
payment would have been
ADDITIONAL RESTRICTIONS AND REQUIREMENTS
Additional restrictions and requirements that apply across all eligible use categories include:
• No debt service or replenishing financial reserves. Since SLFRF funds are intended to be used prospectively, recipients may not use SLFRF funds for debt service or replenishing financial reserves (e.g., rainy day funds).
• No satisfaction of settlements and judgments. 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 is itself not an eligible use.
However, if a settlement requires the recipient to provide services or incur other costs that are an eligible use of SLFRF funds, SLFRF may be used for those costs.
• Additional general restrictions. SLFRF funds may not be used for a project that conflicts with or contravenes the purpose of the American Rescue Plan Act statute (e.g., uses of funds that 231
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undermine COVID-19 mitigation practices in line with CDC guidance and recommendations) and may not be used in violation of the Award Terms and Conditions or conflict of interest requirements under the Uniform Guidance. Other applicable laws and regulations, outside of SLFRF program requirements, may also apply (e.g., laws around procurement, contracting, conflicts-of-interest, environmental standards, or civil rights).
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Program Administration
The Coronavirus State and Local Fiscal Recovery Funds final rule details a number of administrative processes and requirements, including on distribution of funds, timeline for use of funds, transfer of funds, treatment of loans, use of funds to meet non-federal match or cost-share requirements, administrative expenses, reporting on use of funds, and remediation and recoupment of funds used for ineligible purposes. This section provides a summary for the most frequently asked questions.
TIMELINE FOR USE OF FUNDS
Under the SLFRF, funds must be used for costs incurred on or after March 3, 2021. Further, costs must be obligated by December 31, 2024, and expended by December 31, 2026.
TRANSFERS
Recipients may undertake projects on their own or through subrecipients, which carry out eligible uses on behalf of a recipient, including pooling funds with other recipients or blending and braiding SLFRF funds with other sources of funds. Localities may also transfer their funds to the state through section 603(c)(4), which will decrease the locality’s award and increase the state award amounts.
LOANS
Recipients may generally use SLFRF funds to provide loans for uses that are otherwise eligible, although there are special rules about how recipients should track program income depending on the length of the loan. Recipients should consult the final rule if they seek to utilize these provisions.
NON-FEDERAL MATCH OR COST-SHARE REQUIREMENTS
Funds available under the “revenue loss” eligible use category (sections 602(c)(1)(C) and 603(c)(1)(C) of the Social Security Act) generally may be used to meet the non-federal cost-share or matching requirements of other federal programs. However, note that SLFRF funds may not be used as the non- federal share for purposes of a state’s Medicaid and CHIP programs because the Office of Management and Budget has approved a waiver as requested by the Centers for Medicare & Medicaid Services pursuant to 2 CFR 200.102 of the Uniform Guidance and related regulations.
SLFRF funds beyond those that are available under the revenue loss eligible use category may not be used to meet the non-federal match or cost-share requirements of other federal programs, other than as specifically provided for by statute. As an example, the Infrastructure Investment and Jobs Act provides that SLFRF funds may be used to meet the non-federal match requirements of authorized Bureau of Reclamation projects and certain broadband deployment projects. Recipients should consult the final rule for further details if they seek to utilize SLFRF funds as a match for these projects.
ADMINISTRATIVE EXPENSES
SLFRF funds may be used for direct and indirect administrative expenses involved in administering the program. For details on permissible direct and indirect administrative costs, recipients should refer to Treasury’s Compliance and Reporting Guidance. Costs incurred for the same purpose in like circumstances must be treated consistently as either direct or indirect costs. 233
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REPORTING, COMPLIANCE & RECOUPMENT
Recipients are required to comply with Treasury’s Compliance and Reporting Guidance, which includes submitting mandatory periodic reports to Treasury.
Funds used in violation of the final rule are subject to remediation and recoupment. As outlined in the final rule, Treasury may identify funds used in violation through reporting or other sources. Recipients will be provided with an initial written notice of recoupment with an opportunity to submit a request for reconsideration before Treasury provides a final notice of recoupment. If the recipient receives an initial notice of recoupment and does not submit a request for reconsideration, the initial notice will be deemed the final notice. Treasury may pursue other forms of remediation and monitoring in conjunction with, or as an alternative to, recoupment.
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19/24/2021
American Rescue Plan Act (ARPA) Investments$59,540,662 TotalTranche 1 = $29,770,331 - Tranche 2 = $29,770,331a) Tranche 1 was received May 2021. Tranche 2 expected in May 2022b) Non-infrastructure projects and programs are required to be completed by December 31, 2024c) Funds for Infrastructure projects are required to be encumbered by December 31, 2024, and projects completed by December 31, 2026d) Items in blue indicate projects added by councilmemberse) Items in green indicate staff's final project recommendationsf) As of September 24, 2021, US Treasury has not released the Final Rule on the APRA Program Item No. Investment IdeaARPA CategoryARPA Sub-Category, Federal Register pageEstimated Cost Council PriorityTranche NotesPicked by Council - 9/21/21Tabled until spring 2022 1 Gratitude program for grocery store workers*City Council approved June 1, 2021, Resolution No. 15,443 Premium Pay for Essential WorkersPremium Pay,pg 26797$2,500,000Y 1 $2,500,000 2 Premium pay for City employees working on the front-line during the pandemicPremium Pay for Essential WorkersPremium Pay,pg 26797$2,000,000Y 1 $2,000,000 3 Refreshing school crosswalks and Safe Routes planningAddress Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 26796 $600,000Y 1 $600,000 4 Safe Sleep Program - Capital improvements to support up to 14 RVs in City-owned parking lot at former Oxnard National Guard Armory Address Negative Economic ImpactsAssistance to Households,pg 26794 $700,000Y 1 $700,000 6 Carnegie Art Museum: architectural and seismic study (New)Address Negative Economic ImpactsAid to Impacted Industries: Tourism,pg 26795 $160,000Y 1 $160,000 7 Seed money for park equipment repair, replacement, and consideration of all-access equipment. Specific park locations will be determined based on safety and need Address Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 26796$3,000,000Y 2 $3,000,000 8 Seed money for 10 park playground shade structures. Specific park locations based on parks receiving replacement of playground equipment (not in Parks & Rec Master Plan) Address Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 26796$1,000,000Y 2 $1,000,000 9 Pleasant Valley Park: repair and replacement of playground equipment (not in Parks & Rec Master Plan)Address Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 26796 $600,000Y 2 $600,000 New YARA programAddress Negative Economic Impacts
Assistance to Unemployed Workers, Households,pg 26794; Promoting Healthy Childhood Environments,pg 26796 $75,000 Added by Mayor Zaragoza$75,000
New Painting City Hall & AnnexReplacing Public Revenue Loss Government Services,pg 26801 $600,000 Added by Mayor Zaragoza$600,000 New USPS mailbox replacementReplacing Public Revenue Loss Government Services,pg 26801 Added by Mayor Pro Tem MacDonald 10 Oxnard festivals - "Comeback Year" grants Address Negative Economic ImpactsAid to Impacted Industries: Tourism,pg 26795 $200,000N 1 $200,000 11 Community Assessment to determine transitions to adulthood among Oxnard Youth Post Covid-19Address Negative Economic ImpactsExpenses to Improve Efficacy of Economic Relief Programs,pg 26794 $300,000N 1 $300,000 12 Community Assessment report on Oxnard's business attractions assets and gap analysisAddress Negative Economic Impacts Small Business and Nonprofits/Expenses to Improve Efficacy of Economic Relief Programs,pg 26794 $100,000Y 1 $100,000
13 Relocate COVID-19 shelter from PAL to the Armory and costs to repair and clean PAL Address Negative Economic ImpactsAssistance to Households,pg 26794 $15,000 Y 1 $15,000 14 Revitalize Corridors: site-based development in downtown and Hueneme corridor, including land acquisition and plan development Address Negative Economic Impacts
Building Stronger Communitiesthrough Investments in Housing &Neighborhoods,pg 26795 $3,000,000Y 1 $3,000,000
15 Saviers Rd Corridor: conceptual plan for widening sidewalks, landscape, lighting.Address Negative Economic ImpactsSmall Businesses & Nonprofits,pg 26794 $140,000Y 2 $140,000 16 Saviers Rd Corridor: formation of South Oxnard Property Business Improvement District (PBID)Address Negative Economic ImpactsSmall Businesses & Nonprofits,pg 26794 $100,000Y 1 $100,000 17 River Ridge Playing Fields: parking improvements & permanent power (not in Parks & Rec Master Plan)Address Negative Economic ImpactsAid to Impacted Industries: Tourism,pg 26795 $325,000N 1 $325,000 18 River Ridge Golf Course: Event space for golf course to expand wedding business (not in Parks & Rec Master Plan)Address Negative Economic ImpactsAid to Impacted Industries: Tourism,pg 26795 $600,000N 1 $600,000 19 PACC - upgraded marquee with new digital sign Address Negative Economic ImpactsAid to Impacted Industries: Tourism,pg 26795 $85,000 N 1 $85,000 20 City-wide wayfinding programAddress Negative Economic ImpactsAid to Impacted Industries: Hotels and Tourism,pg 26795$1,000,000N 1 Move to spring discussion $1,000,000 21 Visit Oxnard: Branding & publications, destination management, digital advertising Address Negative Economic ImpactsAid to Impacted Industries: Hotels and Tourism,pg 26795 $436,000N 1 $436,000 22 Sports Park:Baseball and softball complex, lawns spaces w/ walking trails, inclusive playgrounds (Parks & Rec Master Plan, pgs 140, 158, 214, 217) Address Negative Economic ImpactsAid to Impacted Industries: Tourism,pg 26795$6,500,000Y 2 Reduced by $5 million $1,500,000 235
29/24/2021
American Rescue Plan Act (ARPA) Investments$59,540,662 TotalTranche 1 = $29,770,331 - Tranche 2 = $29,770,331a) Tranche 1 was received May 2021. Tranche 2 expected in May 2022b) Non-infrastructure projects and programs are required to be completed by December 31, 2024c) Funds for Infrastructure projects are required to be encumbered by December 31, 2024, and projects completed by December 31, 2026d) Items in blue indicate projects added by councilmemberse) Items in green indicate staff's final project recommendationsf) As of September 24, 2021, US Treasury has not released the Final Rule on the APRA Program Item No. Investment IdeaARPA CategoryARPA Sub-Category, Federal Register pageEstimated Cost Council PriorityTranche NotesPicked by Council - 9/21/21Tabled until spring 2022 23 Homeless/Housing: Temporary staffing (over 2 years) to support the administration of Mainstream and Emergency Housing Vouchers Address Negative Economic ImpactsAssistance to Households,pg 26794 $400,000Y 1 $400,000 24 Colonia Park: repair and resurface pool, renovation of locker rooms, construction of new public restrooms, basketball court resurfacing (resurfacing project, Parks & Rec Master Plan, pg 215) Address Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 26796$1,200,000Y 2 $1,200,000 25 Johnson Creek Park: renovation of snack bar, restrooms, and baseball fields (not in Parks & Rec Master Plan)Address Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 26796 $600,000Y 2 $600,000 26 Durley Park:repair baseball fields (Parks & Rec Master Plan, pg 158)Address Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 26796 $75,000 Y 1 $75,000 27 River Ridge Playing Fields: permanent bleachers & stage area;50% of $200,000 total cost (not in Parks & Rec Master Plan) Address Negative Economic ImpactsAid to Impacted Industries: Tourism,pg 26795 $100,000N 2 $100,000 28 Youth Facilities (PAL): sports equipment, youth center supplies, vehicleAddress Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 26796 $130,000Y 1 $130,000 29 Youth Centers (Colonia Park, Durley Park, Southwinds Park, S. Oxnard Center):Sports equipment, youth center supplies, furniture, computer centers Address Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 26796 $190,000Y 1 $190,000 30 Wilson Arts Building: reconstruct the ADA ramp at Wilson Art Building to serve youth classes and the Special Populations program Address Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 26796 $20,000 Y 1 $20,000 31 Oxnard Senior Centers (Wilson, South Oxnard, and Colonia): replacement of furniture in the social spacesAddress Negative Economic ImpactsAssistance to Households,pg 26794 $100,000Y 1 Discuss additional investments in spring $100,000 32 PACC CIP - remove and replace roofing material and metal flashing on the Ventura and Oxnard room roofsAddress Negative Economic ImpactsAid to Impacted Industries: Tourism,pg 26795 $545,000N 2 $545,000 33 Olympic Skatepark in Colonia Address Negative Economic ImpactsAid to Impacted Industries: Tourism,pg 26795$3,000,000N 2 $3,000,000 34 Main and S. Oxnard branch libraries technology purchases, laptops, security systems, and upgrades; conversion of computer labs with up to 100 Chromebooks for City's three libraries (includes Colonia) Address Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 26796 $830,000Y 1 $830,000 35 Oxnard Arts Academy: portable classrooms, instruments, tablets, music stands, chairs, tablesAddress Negative Economic ImpactsAddressing Education Disparities,pg 26796 $450,000Y 2 $450,000 36 Downtown: 50 trash receptacles, acquisition of water trailer for DOIA, marketing funds, acquisition of movable/lockable tables and chairs, public art, removable bollards, & reader boards.
Address Negative Economic ImpactsSmall Businesses & Nonprofits,pg 26794 $775,000Y 1 $775,000 37 Downtown: implement outdoor venues on City owned properties (A St and 5th St)Address Negative Economic ImpactsSmall Businesses & Nonprofits,pg 26794 $250,000Y 1 $250,000 38 Heritage Square building & site enhancements, repairs, and event support Address Negative Economic ImpactsAid to Impacted Industries: Tourism,pg 26795$1,000,000N 1 Move to spring discussion $1,000,000 43 Permanent Outdoor Patio Program Fund: provide grants for restaurants to create permanent attractive and safe outdoor dining spaces.
Address Negative Economic ImpactsSmall Businesses & Nonprofits,pg 26794$1,000,000Y 1 Added by Councilmember Teran $1,000,000 45 Oxnard Employee Pipeline and Homeless Vocational programsAddress Negative Economic Impacts Assistance to Unemployed Workers, Households,pg 26794; Services to address homelessness pg 26796 $200,000Y 1 Move to spring discussion $200,000
46 Oxnard Tennis Center: replace the foundation and resurface the tennis courts Address Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 26796 $500,000Y 2 Added by Councilmember Madrigal$500,000 49 Libraries (Main, S. Oxnard, and Colonia branch): upgrade of Wifi systems with Bluesocket Access Points with omnidirectional antennasBroadband InfrastructureBroadband Infrastructure,pg 26804 $17,000 N 1 $17,000 50 Youth Recreation Centers: Installation of Fiber Lines for South Oxnard Center, Southwinds Center, Colonia Center, Durley Park Center - requires an internet service provider to provide service Broadband Infrastructure
Promoting Healthy Childhood Environments,pg 26796; Broadband Infrastructure,pg 26804 $675,000N 2 $675,000
51 City-wide painting of curbs red next to fire hydrants Replace Public Sector Revenue LossGovernment Services,pg 26801 $250,000N 2 Move to spring discussion $250,000 52 Bike / Pedestrian project: Path along the SCR-3 levee road north of the River Ridge Golf Course between Ventura Rd and Victoria Rd Replace Public Sector Revenue LossGovernment Servicespg 26801$3,800,000N 2 Move to spring discussion $3,800,000 236
39/24/2021
American Rescue Plan Act (ARPA) Investments$59,540,662 TotalTranche 1 = $29,770,331 - Tranche 2 = $29,770,331a) Tranche 1 was received May 2021. Tranche 2 expected in May 2022b) Non-infrastructure projects and programs are required to be completed by December 31, 2024c) Funds for Infrastructure projects are required to be encumbered by December 31, 2024, and projects completed by December 31, 2026d) Items in blue indicate projects added by councilmemberse) Items in green indicate staff's final project recommendationsf) As of September 24, 2021, US Treasury has not released the Final Rule on the APRA Program Item No. Investment IdeaARPA CategoryARPA Sub-Category, Federal Register pageEstimated Cost Council PriorityTranche NotesPicked by Council - 9/21/21Tabled until spring 2022 53 City-wide ADA tree and sidewalk improvementsReplace Public Sector Revenue LossGovernment Servicespg 26801$1,000,000Y 2 $1,000,000 54 Fire station architectural design for Oxnard Fire Stations 2, 3, 5Replace Public Sector Revenue LossGovernment Services,pg 26801$1,000,000Y 1 $1,000,000 55 Fire Department Vehicle for 2-person paramedic squadReplace Public Sector Revenue LossGovernment Services, pg 26801 $80,000 Y 2 $80,000 56 Police Department radio communications:upgrade City-wide radio infrastructure to a P25 system Replace Public Sector Revenue LossGovernment Services,pg 26801$4,000,000Y 2 $4,000,000 57 Howell Rd lighting and safety improvementsReplace Public Sector Revenue LossGovernment Services,pg 26801 $250,000Y 2 $250,000 58 Intelligent Transportation Systems (ITS) Traffic Signal Retiming Safety Project – Phase 1 Replace Public Sector Revenue LossGovernment Services,pg 26801 $750,000Y 2 $750,000 59 Bike / Pedestrian project: Wooley Rd Protected Bike LanesReplace Public Sector Revenue LossGovernment Servicespg 26801$1,500,000N 2 Added by Councilmembers Teran & Madrigal$1,500,000 60 Contactless payment kiosk for utility payments, installed at location to be determinedSupport Public Health ResponseCOVID-19 Mitigation & Prevention,pg 26790 $80,000 N 1 $80,000 61 Fire Department Supplied Air Respirators replacement and multi-band radiosSupport Public Health ResponseCOVID-19 Mitigation & Prevention,pg 26790$1,700,000Y 1 $1,700,000 62 Police Department Covid Response: Polaris ATV for PD beach patrols, equipment decontamination software, additional car wash cleaning, social distancing COVID compliance materials Support Public Health ResponseCOVID-19 Mitigation & Prevention,pg 26790 $40,000 Y 1 $40,000 63 Code Compliance: Tablet purchases for field reporting, access to information, inspections, and video Support Public Health ResponseCOVID-19 Response & Prevention,pg 26821 $12,600 Y 1 $12,600 64 PPE Purchase - 1 year supply for City employees Support Public Health ResponseCOVID-19 Response & Prevention,pg 26821 $160,000Y 1 $160,000 65 Zoom license bundles - 1 yearSupport Public Health ResponseCOVID-19 Response & Prevention,pg 26821 $6,600 N 1 $6,600 66 Fire Catch-up Academy: cost of six recruits Support Public Health ResponsePublic Health & Safety Staff,pg 26791 $580,000Y 1 $580,000 67 305 W 3rd St - West Wing repair and asbestos abatement, capital investment to meet pandemic operational needsSupport Public Health ResponseCOVID-19 Mitigation & Prevention,pg 26790$3,000,000N 2 $3,000,000 68 Contactless payment kiosk for utility payments, installed at the South Oxnard Center Support Public Health ResponseCOVID-19 Mitigation & Prevention,pg 26790 $80,000 N 1 $80,000 69 Senior Nutrition Program: commercial freezers, cookware, thermal insulated bags, industrial pressure cookers, vehicleSupport Public Health ResponseCOVID-19 Response & Prevention,pg 26821 $350,000Y 1 $350,000 71 Electrical Plant Water Quality Capture Project Water & Sewer InfrastructureStormwater,pg 26802 $400,000N 2 $400,000 72 Phase 1 Design: College Park-Oxnard Regional Stormwater Capture ProjectWater & Sewer InfrastructureStormwater,pg 26802 $100,000Y 2 $100,000 73 Phase 1 Design: Driffill Elementary School-Oxnard Regional Stormwater Capture ProjectWater & Sewer InfrastructureStormwater,pg 26802 $100,000Y 2 $100,000 74 Phase 1 Design: Frank Intermediate School-Oxnard Regional Stormwater Capture ProjectWater & Sewer InfrastructureStormwater,pg 26802 $100,000Y 2 $100,000 75 Stormwater Conveyance Improvements along Oxnard BoulevardWater & Sewer InfrastructureStormwater,pg 26802 $400,000N 2 $400,000 76 Stormdrain: Diamond BarWater & Sewer InfrastructureStormwater,pg 26802 $600,000N 2 $600,000 77 Harbor Area Water Quality Feasibility Study Water & Sewer InfrastructureStormwater,pg 26802 $300,000N 2 $300,000 78 Harbor Water Quality Mitigation FundWater & Sewer InfrastructureStormwater,pg 26802$1,000,000N 2 $1,000,000 79 Phase 1 Design: East Village/Del Sol Park diversion and infiltration-Oxnard Regional Stormwater Capture Project Water & Sewer InfrastructureStormwater,pg 26802 $100,000Y 2 $100,000 80 Phase 1 Design: Ventura Road and 2nd St. diversion and infiltration-Oxnard Regional Stormwater Capture ProjectWater & Sewer InfrastructureStormwater,pg 26802 $100,000Y 2 $100,000 237
49/24/2021
American Rescue Plan Act (ARPA) Investments$59,540,662 TotalTranche 1 = $29,770,331 - Tranche 2 = $29,770,331a) Tranche 1 was received May 2021. Tranche 2 expected in May 2022b) Non-infrastructure projects and programs are required to be completed by December 31, 2024c) Funds for Infrastructure projects are required to be encumbered by December 31, 2024, and projects completed by December 31, 2026d) Items in blue indicate projects added by councilmemberse) Items in green indicate staff's final project recommendationsf) As of September 24, 2021, US Treasury has not released the Final Rule on the APRA Program Item No. Investment IdeaARPA CategoryARPA Sub-Category, Federal Register pageEstimated Cost Council PriorityTranche NotesPicked by Council - 9/21/21Tabled until spring 2022 81 Stormwater Catch Basins Full Capture Devices Installation for Edison Canal and Channel Islands HarborWater & Sewer InfrastructureStormwater,pg 26802 $400,000N 2 $400,000 82 AWPF-Oxnard Regional Stormwater Capture Project Wetland Storage & Sewer Diversion PilotWater & Sewer InfrastructureStormwater,pg 26802$1,000,000Y 2 $1,000,000 83 Phase 1 Design: Riverpark basin - recycled water storage projectWater & Sewer InfrastructureWater & Sewer Infrastructurepg 26802 $100,000N 2 $100,000 $48,182,200$6,250,000
Total of projects selected:$48,182,200Total of projects deferred to spring:$6,250,000Available ARPA funding:$59,540,662Remaining ARPA funding:$11,358,462 238
13/16/2022
American Rescue Plan Act (ARPA) Investments$59,540,662 TotalTranche 1 = $29,770,331 - Tranche 2 = $29,770,331a) Tranche 1 was received May 2021. Tranche 2 expected in May 2022b) Funds for projects are required to be encumbered by December 31, 2024, and projects completed by December 31, 2026c) Items in blue section indicate projects are unchanged and are either underway or will be soond) Items in orange section indicate projects that require Council selectione) Items in green section indicate projects being newly recategorized to Replace Public Sector Revenue Lossf) Items in yellow section indicate staff's new project recommendations Item No. Investment IdeaARPA CategoryARPA Sub-Category, Federal Register pageCouncil PriorityTranche NotesPicked by Council - 9/21/21Tabled until spring 2022New Projects 1 Gratitude program for grocery store workers*City Council approved June 1, 2021, Resolution No. 15,443 Premium Pay for Essential WorkersPremium Pay,pg 4396 Y 1 $2,500,000 2 Premium pay for City employees working on the front-line during the pandemicPremium Pay for Essential WorkersPremium Pay,pg 4396 Y 1 $2,000,000 3 Refreshing school crosswalks and Safe Routes planningAddress Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 4363 Y 1 $600,000 6 Carnegie Art Museum: architectural and seismic study (New)Address Negative Economic ImpactsAid to Impacted Industries: Tourism,pg 4381 Y 1 $160,000 7 Seed money for park equipment repair, replacement, and consideration of all-access equipment. Specific park locations will be determined based on safety and need Address Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 4363 Y 2 $3,000,000 9 Pleasant Valley Park: repair and replacement of playground equipment (not in Parks & Rec Master Plan)Address Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 4363 Y 2 $600,000 10 Oxnard festivals - "Comeback Year" grants Address Negative Economic ImpactsAid to Impacted Industries: Tourism,pg 4381 N 1 $200,000 11 Community Assessment to determine transitions to adulthood among Oxnard Youth Post Covid-19Address Negative Economic ImpactsExpenses to Improve Efficacy of Economic Relief Programs,pg 4383 N 1 $300,000 12 Community Assessment report on Oxnard's business attractions assets and gap analysisAddress Negative Economic Impacts Small Business and Nonprofits/Expenses to Improve Efficacy of Economic Relief Programs,pg 4383 Y 1 $100,000
13 Relocate COVID-19 shelter from PAL to the Armory and costs to repair and clean PAL Address Negative Economic ImpactsAssistance to Households,pg 4357 Y 1 $15,000 14 Develop plan to redevelop Hueneme cooridor between Saviers Rd & S. J St;Oxnard Transit Center: assembly of land, & procurement of developer Address Negative Economic Impacts
Building Stronger Communitiesthrough Investments in Housing &Neighborhoods,pg 4372 Y 1
Split project with Item 14a below due to ARPA completion deadline $400,000
15 Saviers Rd Corridor: conceptual plan for widening sidewalks, landscape, lighting.Address Negative Economic ImpactsSmall Businesses & Nonprofits,pg 4354 Y 2 $140,000 16 Saviers Rd Corridor: formation of South Oxnard Property Business Improvement District (PBID)Address Negative Economic ImpactsSmall Businesses & Nonprofits,pg 4354 Y 1 $100,000 17 River Ridge Playing Fields: parking improvements & permanent power (not in Parks & Rec Master Plan)Address Negative Economic ImpactsAid to Impacted Industries: Tourism,pg 4381 N 1 $325,000 18 River Ridge Golf Course: Event space for golf course to expand wedding business (not in Parks & Rec Master Plan)Address Negative Economic ImpactsAid to Impacted Industries: Tourism,pg 4381 N 1 $600,000 19 PACC - upgraded marquee with new digital sign Address Negative Economic ImpactsAid to Impacted Industries: Tourism,pg 4381 N 1 $85,000 21 Visit Oxnard: Branding & publications, destination management, digital advertising Address Negative Economic ImpactsAid to Impacted Industries: Hotels and Tourism,pg 4381 N 1 $436,000 23 Homeless/Housing: Temporary staffing (over 2 years) to support the administration of Mainstream and Emergency Housing Vouchers Address Negative Economic ImpactsAssistance to Households,pg 4357 Y 1 $400,000 24 Colonia Park: repair and resurface pool, renovation of locker rooms, construction of new public restrooms, basketball court resurfacing (resurfacing project, Parks & Rec Master Plan, pg 215) Address Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 4363 Y 2 $1,200,000 25 Johnson Creek Park: renovation of snack bar, restrooms, and baseball fields (not in Parks & Rec Master Plan)Address Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 4363 Y 2 $600,000 26 Durley Park:repair baseball fields (Parks & Rec Master Plan, pg 158)Address Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 4363 Y 1 $75,000 27 River Ridge Playing Fields: permanent bleachers & stage area;50% of $200,000 total cost (not in Parks & Rec Master Plan) Address Negative Economic ImpactsAid to Impacted Industries: Tourism,pg 4381 N 2 $100,000 28 Youth Facilities (PAL): sports equipment, youth center supplies, vehicleAddress Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 4363 Y 1 $130,000 29 Youth Centers (Colonia Park, Durley Park, Southwinds Park, S. Oxnard Center):Sports equipment, youth center supplies, furniture, computer centers Address Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 4363 Y 1 $190,000 30 Wilson Arts Building: reconstruct the ADA ramp at Wilson Art Building to serve youth classes and the Special Populations program Address Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 4363 Y 1 $20,000 31 Oxnard Senior Centers (Wilson, South Oxnard, and Colonia): replacement of furniture in the social spacesAddress Negative Economic ImpactsAssistance to Households,pg 4357 Y 1 Discuss additional investments in spring $100,000 32 PACC CIP - remove and replace roofing material and metal flashing on the Ventura and Oxnard room roofsAddress Negative Economic ImpactsAid to Impacted Industries: Tourism,pg 4381 N 2 $545,000 239
23/16/2022
American Rescue Plan Act (ARPA) Investments$59,540,662 TotalTranche 1 = $29,770,331 - Tranche 2 = $29,770,331a) Tranche 1 was received May 2021. Tranche 2 expected in May 2022b) Funds for projects are required to be encumbered by December 31, 2024, and projects completed by December 31, 2026c) Items in blue section indicate projects are unchanged and are either underway or will be soond) Items in orange section indicate projects that require Council selectione) Items in green section indicate projects being newly recategorized to Replace Public Sector Revenue Lossf) Items in yellow section indicate staff's new project recommendations Item No. Investment IdeaARPA CategoryARPA Sub-Category, Federal Register pageCouncil PriorityTranche NotesPicked by Council - 9/21/21Tabled until spring 2022New Projects 35 Oxnard Arts Academy: portable classrooms, instruments, tablets, music stands, chairs, tablesAddress Negative Economic ImpactsAddressing Education Disparities,pg 4375 Y 2 $450,000 36 Downtown: 50 trash receptacles, acquisition of water trailer for DOIA, marketing funds, acquisition of movable/lockable tables and chairs, public art, removable bollards, & reader boards.
Address Negative Economic ImpactsSmall Businesses & Nonprofits,pg 4354 Y 1 $775,000 37 Downtown: implement outdoor venues on City owned properties (A St and 5th St)Address Negative Economic ImpactsSmall Businesses & Nonprofits,pg 4354 Y 1 $250,000 46 Oxnard Tennis Center: replace the foundation and resurface the tennis courts Address Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 4363 Y 2 Added by Councilmember Madrigal$500,000 49 Libraries (Main, S. Oxnard, and Colonia branch): upgrade of Wifi systems with Bluesocket Access Points with omnidirectional antennasBroadband InfrastructureBroadband Infrastructure,pg 4417 N 1 $17,000 50 Youth Recreation Centers: Installation of Fiber Lines for South Oxnard Center, Southwinds Center, Colonia Center, Durley Park Center - requires an internet service provider to provide service Broadband Infrastructure
Promoting Healthy Childhood Environments,pg 4363; Broadband Infrastructure,pg 4417 N 2 $675,000
53 City-wide ADA tree and sidewalk improvementsReplace Public Sector Revenue LossGovernment Servicespg 4400 Y 2 $1,000,000 54 Fire station architectural design for Oxnard Fire Stations 2, 3, 5Replace Public Sector Revenue LossGovernment Servicespg 4400 Y 1 $1,000,000 55 Fire Department Vehicle for 2-person paramedic squadReplace Public Sector Revenue LossGovernment Servicespg 4400 Y 2 $80,000 56 Police Department radio communications:upgrade City-wide radio infrastructure to a P25 system Replace Public Sector Revenue LossGovernment Servicespg 4400 Y 2 $4,000,000 57 Howell Rd lighting and safety improvementsReplace Public Sector Revenue LossGovernment Servicespg 4400 Y 2 $250,000 58 Intelligent Transportation Systems (ITS) Traffic Signal Retiming Safety Project – Phase 1 Replace Public Sector Revenue LossGovernment Servicespg 4400 Y 2 $750,000 59 Bike / Pedestrian project: Wooley Rd Protected Bike LanesReplace Public Sector Revenue LossGovernment Servicespg 4400 N 2 Added by Councilmembers Teran & Madrigal$1,500,000 60 Contactless payment kiosk for utility payments, installed at location to be determinedSupport Public Health ResponseCOVID-19 Mitigation & Prevention,pg 4352 N 1 $80,000 61 Fire Department Supplied Air Respirators replacement and multi-band radiosSupport Public Health ResponseCOVID-19 Mitigation & Prevention,pg 4352 Y 1 $1,700,000 63 Code Compliance: Tablet purchases for field reporting, access to information, inspections, and video Support Public Health ResponseCOVID-19 Response & Prevention,pg 4352 Y 1 $12,600 64 PPE Purchase - 1 year supply for City employeesSupport Public Health ResponseCOVID-19 Response & Prevention,pg 4352 Y 1 $160,000 65 Zoom license bundles - 1 yearSupport Public Health ResponseCOVID-19 Response & Prevention,pg 4352 N 1 $6,600 66 Fire Catch-up Academy: cost of six recruits Support Public Health ResponsePublic Health & Safety Staff,pg 4383 Y 1 $580,000 68 Contactless payment kiosk for utility payments, installed at the South Oxnard Center Support Public Health ResponseCOVID-19 Mitigation & Prevention,pg 4352 N 1 $80,000 69 Senior Nutrition Program: commercial freezers, cookware, thermal insulated bags, industrial pressure cookers, vehicleSupport Public Health ResponseCOVID-19 Response & Prevention,pg 4352 Y 1 $350,000 71 Electrical Plant Water Quality Capture Project Water & Sewer InfrastructureStormwater,pg 4413 N 2 $400,000 72 Phase 1 Design: College Park-Oxnard Regional Stormwater Capture ProjectWater & Sewer InfrastructureStormwater,pg 4413 Y 2 $100,000 73 Phase 1 Design: Driffill Elementary School-Oxnard Regional Stormwater Capture ProjectWater & Sewer InfrastructureStormwater,pg 4413 Y 2 $100,000 74 Phase 1 Design: Frank Intermediate School-Oxnard Regional Stormwater Capture ProjectWater & Sewer InfrastructureStormwater,pg 4413 Y 2 $100,000 75 Stormwater Conveyance Improvements along Oxnard BoulevardWater & Sewer InfrastructureStormwater,pg 4413 N 2 $400,000 76 Stormdrain: Diamond BarWater & Sewer InfrastructureStormwater,pg 4413 N 2 $600,000 77 Harbor Area Water Quality Feasibility Study Water & Sewer InfrastructureStormwater,pg 4413 N 2 $300,000 79 Phase 1 Design: East Village/Del Sol Park diversion and infiltration-Oxnard Regional Stormwater Capture Project Water & Sewer InfrastructureStormwater,pg 4413 Y 2 $100,000 240
33/16/2022
American Rescue Plan Act (ARPA) Investments$59,540,662 TotalTranche 1 = $29,770,331 - Tranche 2 = $29,770,331a) Tranche 1 was received May 2021. Tranche 2 expected in May 2022b) Funds for projects are required to be encumbered by December 31, 2024, and projects completed by December 31, 2026c) Items in blue section indicate projects are unchanged and are either underway or will be soond) Items in orange section indicate projects that require Council selectione) Items in green section indicate projects being newly recategorized to Replace Public Sector Revenue Lossf) Items in yellow section indicate staff's new project recommendations Item No. Investment IdeaARPA CategoryARPA Sub-Category, Federal Register pageCouncil PriorityTranche NotesPicked by Council - 9/21/21Tabled until spring 2022New Projects 80 Phase 1 Design: Ventura Road and 2nd St. diversion and infiltration-Oxnard Regional Stormwater Capture ProjectWater & Sewer InfrastructureStormwater,pg 4413 Y 2 $100,000 81 Stormwater Catch Basins Full Capture Devices Installation for Edison Canal and Channel Islands HarborWater & Sewer InfrastructureStormwater,pg 4413 N 2 $400,000 83 Phase 1 Design: Riverpark basin - recycled water storage projectWater & Sewer InfrastructureWater & Sewer Infrastructurepg 4409 N 2 $100,000 84 YARA programAddress Negative Economic Impacts
Assistance to Unemployed Workers, Households,pg 4357; Promoting Healthy Childhood Environments,pg 4363 Added by Mayor Zaragoza$75,000
85 Painting City Hall & AnnexReplacing Public Revenue Loss Government Services,pg 4400 Added by Mayor Zaragoza$600,000 86 USPS mailbox replacementReplacing Public Revenue Loss Government Services,pg 4400 Added by Mayor Pro Tem MacDonald$10,000 20 City-wide wayfinding programAddress Negative Economic ImpactsAid to Impacted Industries: Hotels and Tourism,pg 4381 N 1 Move to spring discussion $1,000,000 38 Heritage Square building & site enhancements, repairs, and event support Address Negative Economic ImpactsAid to Impacted Industries: Tourism,pg 4381 N 1 Move to spring discussion $1,000,000 45 Oxnard Employee Pipeline and Homeless Vocational programsAddress Negative Economic ImpactsAssistance to Unemployed Workers, Households,pg 4357 Y 1 Move to spring discussion $200,000 51 City-wide painting of curbs red next to fire hydrants Replace Public Sector Revenue LossGovernment Services,pg 4400 N 2 Move to spring discussion $250,000 52 Bike / Pedestrian project: Path along the SCR-3 levee road north of the River Ridge Golf Course between Ventura Rd and Victoria Rd Replace Public Sector Revenue LossGovernment Servicespg 4400 N 2 Move to spring discussion $3,800,000 4 Safe Sleep Program - Capital improvements to support up to 14 RVs in City-owned parking lot at former Oxnard National Guard Armory Address Negative Economic ImpactsAssistance to Households,pg 4357 Y 1 $700,000 8 Seed money for 10 park playground shade structures. Specific park locations based on parks receiving replacement of playground equipment (not in Parks & Rec Master Plan) Address Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 4363 Y 2 $1,000,000 14a Property acquisition for economic development & redevelopment of Hueneme corridor between Saviers & S. J St.
Address Negative Economic Impacts
Building Stronger Communitiesthrough Investments in Housing &Neighborhoods,pg 4372 Y 1
Split project w/ Item 14 above due to ARPA completion deadline $2,600,000
22 Sports Park:Baseball and softball complex, lawns spaces w/ walking trails, inclusive playgrounds (Parks & Rec Master Plan, pgs 140, 158, 214, 217) Address Negative Economic ImpactsAid to Impacted Industries: Tourism,pg 4381 Y 2 Reduced by $5 million$1,500,000 33 Olympic Skatepark in Colonia Address Negative Economic ImpactsAid to Impacted Industries: Tourism,pg 4381 N 2 $3,000,000 34 Main and S. Oxnard branch libraries technology purchases, laptops, security systems, and upgrades; conversion of computer labs with up to 100 Chromebooks for City's three libraries (includes Colonia) Address Negative Economic ImpactsPromoting Healthy Childhood Environments,pg 4363 Y 1 $830,000 43 Permanent Outdoor Patio Program Fund: provide grants for restaurants to create permanent attractive and safe outdoor dining spaces.
Address Negative Economic ImpactsSmall Businesses & Nonprofits,pg 4354 Y 1 Added by Councilmember Teran $1,000,000 62 Police Department Covid Response: Polaris ATV for PD beach patrols, equipment decontamination software, additional car wash cleaning, social distancing COVID compliance materials Support Public Health ResponseCOVID-19 Mitigation & Prevention,pg 4352 Y 1 $40,000 67 305 W 3rd St - West Wing repair and asbestos abatement, capital investment to meet pandemic operational needsSupport Public Health ResponseCOVID-19 Mitigation & Prevention,pg 4352 N 2 $3,000,000 78 Harbor Water Quality Mitigation FundWater & Sewer InfrastructureStormwater,pg 4413 N 2 $1,000,000 82 AWPF-Oxnard Regional Stormwater Capture Project Wetland Storage & Sewer Diversion PilotWater & Sewer InfrastructureStormwater,pg 4413 Y 2 $1,000,000 NEWFire Department: Direct Recycling Apparatus Firefighting Training and Sustainability - will save 7.5 million gallons of water per year Replace Public Sector Revenue LossGovernment Services, pg 4400 Y 2 New project proposed by staff $100,000 NEW
PD Mobile Command Post: radio communications and audio-visual equipment to assist in command and control function at special events, critical and non-critical incidents, relatively complex police operations, and disaster scenes Replace Public Sector Revenue LossGovernment Services, pg 4400 Y 2 New project proposed by staff $750,000 241
43/16/2022
American Rescue Plan Act (ARPA) Investments$59,540,662 TotalTranche 1 = $29,770,331 - Tranche 2 = $29,770,331a) Tranche 1 was received May 2021. Tranche 2 expected in May 2022b) Funds for projects are required to be encumbered by December 31, 2024, and projects completed by December 31, 2026c) Items in blue section indicate projects are unchanged and are either underway or will be soond) Items in orange section indicate projects that require Council selectione) Items in green section indicate projects being newly recategorized to Replace Public Sector Revenue Lossf) Items in yellow section indicate staff's new project recommendations Item No. Investment IdeaARPA CategoryARPA Sub-Category, Federal Register pageCouncil PriorityTranche NotesPicked by Council - 9/21/21Tabled until spring 2022New Projects NEW
PD Mobile Command Post: radio communications and audio-visual equipment to assist in command and control function at special events, critical and non-critical incidents, relatively complex police operations, and disaster scenes Replace Public Sector Revenue LossGovernment Services, pg 4400 Y 2 New project proposed by staff $750,000 NEWCity Library Technology UpgradeReplace Public Sector Revenue LossGovernment Services, pg 4400 Y 2 New project proposed by staff $445,000 NEWVentura County Family Justice Center facility Replace Public Sector Revenue LossGovernment Services, pg 4400 N 2 New project proposed by staff $2,000,000 $48,192,200$6,250,000$3,295,000
Total of current projects:$48,192,200Total of projects deferred to spring:$6,250,000Total amount of new projects:$3,295,000Grand Total:$57,737,200Available ARPA funding:$59,540,662Remaining ARPA funding:$1,803,462 242
VERSION 1.0, OCTOBER 2021
SKATEPARK FACILITY CERTIFICATION RULES
SKATEBOARD FACILITIES
The scope of this regulation is to define the technical and safety features of multipurpose skateboard facilities used for recreation, sport and competition activities. This document applies to indoor and outdoor facilities, both temporarily and permanently built.
Classes of certification
The World Skate certification system comprises two (2) classes of certification:
Recreational (R-Class certification): identifies facilities, or sections of facilities, fit to skateboarding recreational and initiation ac tivities by offering safe and functional areas for every level of skateboarding practice. While these facilities are essential to modern city life, they aren’t fit to run official World Skate sanctioned events.
Competition (C-Class certification): identifies facilities, or portions of facilities, fit to host competitions at various levels depending on the certified rating class.
Certifications are issued with reference to specific disciplines recognized by World Skate as follows:
1. PARK-STYLE
A park-style course is composed of interconnected radial transitions and banked walls, built at various declinations, depths and heights, which are configured in a layout that provides athletes with the necessary amount of riding speed for consistent flow. The design must also include several integrated technical features providing athletes with a larger variety of trick options.
2. STREET-STYLE
A street-style course is composed of features and elements typically found in an urban environment such as stairs, rails, ledges, and banks. The configuration of these elements must allow athletes to have enough speed for consistent flow when approaching a ll obstacles on the course. The course must contain various individual features (or obstacles) that allow equal opportunity for athletes to perform tricks despite one’s stance (regular and goofy).
While C-Class are specifically designed to host competitio ns of a specific discipline, R - Class courses, or sections of courses, can include design features for both disciplines.
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Facility rating
The World Skate rating system aims to provide a quantifiable, easy to understand, evaluation of the quality of a skat eboard facility. The rating evaluation comprises the quality of design and construction, and it is expressed in stars numbered from 1 to 5.
Different sections of the same facility may have different class certifications and ratings.
Evaluation criteria include the followings:
Sport technical
criteria
Skatepark footprint
Creativity of design
Functionality and versatility of the design
Quality and number of flow-lines
Quality and variety of materials
Quality of Construction and finishing
Availability of additional space for competition time facilities Lighting system availability
Social utility criteria Availability and quality of permanent support facilities (Skate shop, club house, toilets etc.)
Availability and quality of resting and socializing areas Urban landscape integration
Level of landscape integration
Proximity to public transport
Parking lot availability
The rating of a skateboard facility will be provisionally assigned during the design phase and will be confirmed or re-evaluated upon completion of construction.
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Olympic Games competition facilities
The Skateboarding facilities serving as “Field Of Pla y” (FOP) for the Olympic Games are considered the pinnacle of design and construction quality. For this reason, Olympic Tier FOPs are required to achieve a 5 Star C-Class certification.
Safety standard compliance
While adhering to the principles containe d in this document, every skateboard facility falls under the applicable rules of its local and national safety standards.
General characteristics
LOCATION
The skatepark should be located in, or near, an urban area and be adequately integrated into the environment and existing infrastructure of services in the area. The facility must be easily accessible by spectators and by all users of different categories (athletes, media, public, etc.), according to a plan that considers local traffic and transportati on, urban regulations, civic customs and habits.
In relation to this, it is necessary that parking facilities are available and adequate for the number of users, athletes, spectators, and staff expected both for regular daily use and for extended use during events.
Designated and s uitable parking areas reserved for people with disabilities must be provided in compliance with local regulations on easy, safe and practical access to the venue.
FENCING
World Skate doesn’t require any permanent fencing for a facility to be certified. However, World Skate international competition standards require the field of play, as well as the event area, to be fenced during practice and competition time. Inquire Worl d Skate for the skateboarding competition handbook for reference.
Size of competition Facilities
While there are no footprint size requirements for a Recreation Class facility, Competition Class facilities must be designed within a specific footprint ran ge. The minimum area requirement guarantees enough space to practice safely and the ability to have an adequate range of obstacles on the FOP. The maximum area requirement allows for the efficient use of the space during a standard competition run ranging from 45 to 60 seconds.
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If the designers are required to plan for an extensive public facility, a competition area should be identified and adequately designed within the broader facility plan.
Discipline Minimum Maximum
Street 950 sqm/10.000 sqf 1900 sqm/20.500 sqf
Park 800 sqm/8600 sqf 1700 sqm/18300 sqf
* Exceptions may be granted for skateparks offering efficient flow lines. This applies in particular to temporary competition skateparks especially when built indoors.
Exceptions are considered and granted case by case with particular reference to facilities built before June 1st 2022
* The minimum area is the planimetric area (footprint) that can be used for the practice (including stateable decks), spectators’ and support staff areas are not included
SIDE BY SIDE SKATEPARKS
When FOPs for different disciplines areas are built next to each other, a minimum 10 meters wide and preferably flat aisle must be available between them. This is especially needed if the facility is meant to host multi discipline competitions. This area c an be either a skateable area of the facility, connecting the two FOPs, or rather a non -paved buffer zone between the two FOPs.
SHAPE OF A SKATEPARK
For both street-style and park-style courses, the shape and layout are left to the creative freedom of th e designer and are not required to adhere to any standard shape. Unique and creative designs are encouraged, as well as their integration into a given site’s natural geography. It remains the exclusive right of World Skate to assess the characteristics and suitability of design. However, in order to prevent any potential organisational issues, the design of the proposed course and its surrounding areas, should keep in mind the needs, logistics and characteristics of a skateboard competition.
Structure an d Characteristics of the Competition
Class Facility
The number, size and design of the elements and sections in a skatepark are crucial for defining the quality and intended use of the course.
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An “obstacle” is defined as a single ramp, slope, curb, rail or other feature of a skatepark.
The obstacles can be designed in continuity (typical format of a park -style skatepark) or in a more isolated configuration (typical format of a street-style skatepark).
While skatepark design must always comply with domestic safety regulations and standards, the designer is free to size, combine, characterise and distribute the obstacles at his/her own discretion. Nonetheless, the designer is encouraged to create alternat ive shapes that promote the progression of skatepark design and skateboarding as a whole.
While staying compliant with applicable domestic safety regulations, the designer is given the freedom to choose the quantity and quality of the obstacles that crea te a unique skatepark. The inventions, modifications and integration of new obstacle shapes and their functional layout within a skatepark, is considered a virtue, and is a highly valued quality of skatepark designers. The non-standardisation and ongoing evolution of skatepark design is essential for skateboarding to thrive and progress.
For this reason, this standard does not intend to provide precise or binding prescriptions about the nature and quantity of structures presented in a skatepark but limits itself to outlining the minimum parameters of surface area with the necessary height of obstacles.
Dimensions and Type of Obstacles
PARK-STYLE
In order to allow the widest range and variety of skateboarding styles, a course must include a number of sections offering different features and depths:
● Shallow end: Lower section with assorted heights not exceeding 1.8 meters ● Deep end: Deep section with a height of no less than 2.4 meters, including a vertical section
Provided that the facility includes a shallow and a deep section as described above, all intermediate depths/heights between those of the deep and shallow sections are allowed.
Both shallow and deep end areas within the course should contain various features such as hips, spines, banks, vertical walls, volcanos, and love seats etc. The edging or coping may include both metal pipe and/or concrete swimming pool styl e coping (pool coping).
A reasonable level of tolerance will be adopted in evaluating measurements in countries using imperial standard units.
STREETSTYLE
Street-style courses should include a wide range of features and elements such as rails, ledges, banks, stairs, walls, and gaps etc. The selection, positioning and design of these features must allow athletes of different ability levels to perform various types of tricks and use the skatepark without any limitation imposed by their natural stance. 247
VERSION 1.0, OCTOBER 2021
● Big section: Largest stair section or gap should be between 1.2 m and 1.6 m in height and include either rails , “Hubba” ledges, or both. While a big section, as described above, must be featured in every skatepark, stair sets and gaps bigger than 1.6m are allowed, but not demanded
● Lower sections: Smaller stair and bank sections should be less than 0.8 m in height and should also include rails, ledges or both
Provided that the facility includes both a big and a small section as described above, all intermediate heights between small and big sections are allowed. A reasonable level of tolerance will be adopted in evaluating measurements in countries using imperial standard units.
Flow Line
The term flow line refers to a common characteristic found in any skatepark that can be described as follows:
“The ability to skate through the whole course in various ways with an adequate speed to perform tricks of different types, with various amplitu des and technical levels, using a limited effort to continue without any forced interruption caused by design of the course”
The quality of the flow and its efficiency depends on:
● The positioning of features and elements throughout the skatepark ● Geometric characteristics (height, inclination, width, curvature, etc.) of features and elements
● Materials and finishing of rolling surfaces
Efficient flow lines provide athletes with adequate speed enabling the execution of multiple tricks in succession, without the need to stop or step off the skateboard. Well - designed flow lines also help to enable a safe and efficient circulation in the ska tepark when many athletes are using the course at the same time.
The quantity and quality of the lines available in a skatepark must take absolute priority in the design phase and will be subject to a careful evaluation by World Skate.
Skateable surfaces
The term "skateable surfaces" refers to all the rolling surfaces within the facility, including:
● Horizontal floors
● The flooring of banked/sloped surfaces
● Surface of curved sections
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All skateable surfaces must be perfectly smooth, not slippery, and ensure the sufficient adherence of skateboard wheels.
FLOORING TYPES ALLOWED
Outdoor permanent facilities
Outdoor permanent facilities are required to offer skateable concrete surfaces with a perfect finishing. Different materials may be used for aesthetic purposes or to create intentionally-various technical or performance challenges. These features must be limited only to a small portion of the skatepark floors and to a limited number of obstacles.
Temporary competition facilities
Indoor and outdoor temporary competition facilities designed to host international events (Continental Championships excluded) m ust predominantly offer concrete skateable surfaces. This applies with specific focus to areas and obstacles required to offer the degree of rigidness, rebound and elasticity needed for elite level skateboarding. The combination of materials used, along w ith their selective employment, must always be approved by World Skate.
Indoor permanent facilities
Permanent indoor facilities not meant to host International Events (Continental Championships excluded) can offer wood, MDF or HPL skateble surfaces. When using any other materials, the surfaces must show adherence characteristics and rigidity comparable to cement. The support structure must be firm and not be flexible or elastic.
SURFACE REGULARITY OF THE FLAT AREAS
The surface must be perfectly smooth. The deviations allowed in the finished surfaces and in the sliding surfaces must comply with the standards below.
SURFACE REGULARITY OF THE CURVED SECTIONS
The surface of the curved sections must correspond to the section defined in the project.
Assays made with a curvilinear template on the sliding surface, must not show deviations greater than 1% of the radius of curvature, with a maximum of 2 cm.
SLOPES OF THE PAVEMENT
In indoor installations the surface must be horizontal. In outdoor facilities, in order to allow stormwater management, slopes of at least 1% are recommended with a maximum admission of 2%. In all cases, areas that naturally produce water stagnation must b e avoided during the design phase. Where this is not possible to achieve, the facility must be equipped with rainwater drainage systems.
FRICTION
The surface must grant an adequate level of grip to skateboard wheels. We suggest performing grip tests before starting construction.
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SMOOTHNESS
The surface must have a high degree of smoothness in order to minimize the rolling friction of the skateboard wheels. The requirements are currently being studied by World Skate and will be published in due course.
COLOUR
The colour of the flooring should not have overly dark or bright colour tones and should consider athlete safety, sun reflections and exposure issues related to television shoots and event broadcasts. The possible use of paints, pigments or resins must not compromise the optimal adhesion and smoothness of the surface of the FOP.
DRAINAGE
The flooring must have an efficient drainage system, especially in the park -style areas.
The manhole covers and drainage, when present, must not alter the continuity and characteristics of the rolling surface, nor constitute a safety hazard for athletes (the manhole covers, and drainage must be equipped with an anti-lift system).
INDOOR INSTALLATIONS
For indoor facilities, with decks up to 300 cm high, the clearance above the highest platform must be at least 250 cm. In the case of platforms higher than 300 cm, at least 300 cm of clearance must be maintained from platform to ceiling.
LIGHTING
While permanent lighting is not required to receive a baseline certification, equipping the facility with a lighting system is generally strongly recommended for any public and competition facility.
The course must be lit by the means of a fixed or mobile artificial lighting system.
Particular attention must be paid to avoiding direct glares or spotlight effects on the athletes. There must be a minimum illumination of 150 lux on the horizontal plane of the FOP, with a coefficient of uniformity (minimum luminance / average luminance) equal to
0.7. Security lighting system capable of automatically and instantly switching on in case of a power shortage. For further details refer to domestic safety regulations.
SUPPORT SERVICES FOR COMPETITIONS
When planning a Competition Class facility, the designer must take into consideration the need for a series of temporary infrastructures required for hosting competitions. While a more detailed description can be found in the World Skate competition handbook, a streamlined list with a basic description is provided below:
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VERSION 1.0, OCTOBER 2021
Item N°/Are
a
Description
Sanitary Facilities TBD Sanitary facilities must be available throughout the whole duration of the event. Gender designated and
separated sanitary facilities must be provided to
athletes, spectators and staff. Quantity of the facility must follow local regulation.
Judging Booth 14-24
sqm
Sheltered, climatized and located in the vicinity of the competition area, providing a direct and comprehensive
view of the FOP, without any interference from
unauthorized staff, athletes or spectators.
Sports
Presentation
Booth
8-16
sqm
Sheltered and located in the vicinity of the competition area, the size of the booth depends on the size and
complexity of sports presentation operations.
Athletes (and
Support Staff)
Lounge
50-100
sqm
Competitors and National Federation staff must be
granted a restricted access area to relax and rest. The athletes and support staff lounge must be close to the
FOP and provide safety, shade, and sufficient seating.
The size of the athlete’s lounge should be appropriate
for the expected number of athletes participating in
competition.
First Aid Support
Area
9sqm
(min)
A designated sheltered, safe and quiet area must be
available for first aid and medical staff.
Anti-Doping
Rooms
15-20
sqm
For the duration of the competition, a specific area must be equipped as the WADA requirements compliant anti-
doping station.
Spectators, VIP,
Media and Guest
Areas
TBD The facility must be equipped with areas, designated paths, and services for spectators (stands), media
(office), guests and VIPs (lounge), and also consider the presence of people with disabilities.
Areas for Media
and Television
Installations
TBD In case of high level competition, the facility must offer areas, routes and services for the press and television crews.
Additional Areas TBD Additional support service areas such as catering and parking must be available.
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VERSION 1.0, OCTOBER 2021
The certification process
The World Skate Facility Department is the sole entity responsible for the World Skate Certification for Skateboarding Facilities. While a World Skate Competition Class certification is required for facilities aiming to host official events, the Recreation Class certification should be sought to guarantee that facilities of any size and purpose meet the highest standards of skatepark design and construction.
The following phases must be completed in order to obtain a World Skate Facility Certification.
PHASE 1 - DESIGN REVIEW AND APPROVAL
The certification process always starts with a design review. Following the submission of the required documents, the World Skate Facility Department will provide a report highlighting the following details:
● Potential certification class and rating
● Recommendations for improvements (where needed)
In the case of necessary design improvements, the World Skate Facility Department will conduct a second review as included in the original review fee.
A “design approval” doesn ’t directly lead to a certified facility. Skateparks can only be certified after the build has been completed, World Skate has verified its completion and the facility has been tested by a World Skate official.
PHASE 2 - FACILITY INSPECTION
No facility ca n be certified prior to a site inspection. A World Skate official will be appointed to personally inspect the newly completed facility. During inspection the facility will be checked against the approved designs. The skatepark will be scrutinized with specific attention made to the quality of construction, details and surface finishing.
PHASE 3 - CERTIFICATION RELEASE
Upon receiving the Facility Inspection Report, the World Skate Facility Department will issue a final document with the class and rating certification. Suggestions, comments and prescriptions may be attached to the Certification document. While suggestions and comments are made for reference only, prescriptions will outline the binding actions to be undertaken for the final validation of the certificate.
VALIDITY OF A CERTIFICATION
Due to the natural wear and degradation of construction materials, a World Skate Facility certification is valid for 5 years. After the initial 5 -year period, Facilities can apply for renewal of their certification.
252
CITY OF OXNARD
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This proposal submitted July 8 , 2021, requests funds from the City of Oxnard by way of the American Rescue Plan Act (ARPA) in accordance with Sections 602(c)(1) of the Coronavirus State Fiscal Recovery Fund and 603(c)(1) of the Coronavirus Local Fiscal Recovery Fund , which provide that funds may be used to a id impacted industries such as tourism, travel and hospitality.
OBJECTIVE
Provide a id to Oxnard’s hospitality
industr ies and business districts that
were closed during the COVID -19
public health emergency by way of
investment in an upgraded wayfinding
information system .
Despite losses due to Covid-19 business closures and
community lockdowns, California is well-positioned for
recovery. Tourism Economics projects domestic visitor
spending in California will reach 76% of 2019 levels this year. In 2022, domestic spending will hit 94% of 2019
levels, and total visitor spending, including resurgent international travel, will hit 87%. It is imperative that Oxnard position itself to capture market share as
Statewide destinations compete to regain travelers.
STRATEGIC APPROACH
Support the tourism experience and related economic benefits through investment in information systems that physically and experientially contribute to higher profits in the private sector, greater visitation and regional revitalization and growth.
Wayfinding is part of a larger toolbox of a coordinated marketing program , with secondary attractions typically seeing the greatest benefits.
Creates repeat visitation and extended stays by increasing awareness of the depth of destinations .
International Downtown Association has identified
wayfinding as one of its
Top 10 economic strategies for
America’s downtowns.
253
PROPOSED INITIATIVE
WAYFINDING PROGRAM
Visit Oxnard proposes a partnership with MERGE Design to design and implement a citywide wayfinding program.
CONSTRUCTION COST COMPARISON
Many regions and cities consider funding capital construction projects for singular attractions to help revitalize a community or to help spur economic development. Wayfinding offers a much lower capital cost, while promoting and supporting existing attractions.
Minor League Baseball Stadium $15,000,000 - $20,000,000 Waterpark $8,000,000 - $15,000,000
Streetscape Project $1,500,000 - $5,000,000
Downtown Movie Theater $1,500,000 - $2,000,000
Community Wayfinding Program $250,000 - $1,500,000
Source: Various Reports / Statistical comparison compiled by MERJE
As experiential graphic designers, MERJE Design creates memorable places and meaningful visitor experiences. MERJE assists clients in reaching their strategic goals by creating a sense of place, reinforcing their brand identity and promoting their uniqueness, with distinctive designs reflective of their character and culture. These solutions present welcoming environments, encourage discovery of new destinations and promote return visits.
WAYFINDING COSTS
1) Hire Design / Planning Team
2) Implementation
3) Maintenance
4) Internal Project Management (staff time)
BUDGETS FOR #1 & #2
Small Community $350k - $500k
Mid-Size City $500k - $750k
Large Downtown $750k - $1.4m
Regional $1.4m - $1.9m
254
PROPOSED INITIATIVE
Phases of t he above listed program are proposed to begin in two separate fiscal years: FY 202 2-2023 and FY 2023-2024 as outlined below.
INVESTMENT TOTAL S – START DATE – FY 202 2-2023
PHASE I
Hire Design / Planning Team – Assessment and Design Phase $45,000 Familiarization Tour 5,000
$50,000
INVESTMENT TOTALS – START DATE – FY 202 3-2024
PHASE II
Implementation – Mid- to Large-Size City $950,000
$950,000
TOTAL $1,000,000
Not included in the above figures is an annual maintenance contract to ensure that signage is maintained and/or replaced if damaged .
255
Heritage Square Building Improvements 2022 3/16/2022
ESTIMATE
ITEM # TASK % COST
1 FINANCE 2.5 17500
2 DESIGN: PLANS/SPECS/ PERMIT 10 70000
3 PROJECT MANAGEMENT 5 35000
4 HAZARD MATERIAL TESTING 1.5 10500
5 MOBILIZATION 8 56000
6 CONSTRUCTION CONTINGENCY 10 70000
7 INTERNAL CONTINGENCY 10 70000
8 SELECTIVE DEMOLITION 37000
9 ROUGH CARPENTRY 25000
10 FINISH CARPENTRY 40000
11 WOOD ROOF REPLACEMENT 170000
12 SHEET METAL COMPONENTS 20000
13 SEALANT/ FLASHING 15000
14 WINDOWS / GLAZING 65000
15 INTERIOR PAINTING 32000
16 EXTERIOR PAINTING 55000
17 HAZARD MATERILA ABATMENT 42000
18 NEW LEVEL FLOOR IN CHURCH 51000
19 NEW FLOORING IN CHURCH 9000
20 RESTROOMS IN CHURCH 40000
21 ADA RAMP sw ENTRANCE 17000
22 PLUMBING 6000
23 ELECTRICAL 15000
24 HVAC/ EMS 5000
25 FOUNDATION VENTALATION/ WATERPROOF 23000
26 LANDSCAPE IMPROVEMENTS 27000
27 WINE BUILDING FLOORING 7000
SUB TOTAL: 701000
DEVELOPMENT COST: 329000
TOTAL PROJECT ESTIMNATE: 1030000
256
4338 Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Rules and Regulations 1 Public Law 117–2. https://www.congress.gov/
117/plaws/publ2/PLAW-117publ2.pdf.
2 Throughout this Supplementary Information,
Treasury uses ‘‘state, local, and Tribal
governments’’ or ‘‘recipients’’ to refer generally to
governments receiving SLFRF funds; this includes
states, territories, Tribal governments, counties,
metropolitan cities, and nonentitlement units of
local government.
3 86 FR 26786 (May 17, 2021).
4 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 December 31,
2021).
5 Centers for Disease Control and Prevention,
COVID Data Tracker, http://www.covid.cdc.gov/
covid-data-tracker/#datatracker-home (last visited
December 7, 2021).
6 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
December 7, 2021).
7 Id.
8 U.S. Bureau of Economic Analysis, Real Gross
Domestic Product [GDPC1], retrieved from FRED,
Federal Reserve Bank of St. Louis, https://fred.
stlouisfed.org/series/GDPC1 (last visited December
7, 2021).
9 U.S. Bureau of Labor Statistics, supra note 6.
10 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 December 7,
2021).
11 The ARPA adds section 602 of the Social
Security Act, which creates the State Fiscal
Recovery Fund, and section 603 of the Social
Security Act, which creates the Local Fiscal
Recovery Fund (together, SLFRF). Sections 602 and
603 contain substantially similar 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 fund for metropolitan cities, nonentitlement units
of local government, and counties.
DEPARTMENT OF THE TREASURY
31 CFR Part 35
RIN 1505–AC77
Coronavirus State and Local Fiscal
Recovery Funds
AGENCY: Department of the Treasury.
ACTION: Final rule.
SUMMARY: The Secretary of the Treasury
(Treasury) is adopting as final the
interim final rule published on May 17,
2021, with amendments. This rule
implements the Coronavirus State Fiscal
Recovery Fund and the Coronavirus
Local Fiscal Recovery Fund established
under the American Rescue Plan Act.
DATES: The provisions in this final rule
are effective April 1, 2022.
FOR FURTHER INFORMATION CONTACT :
Katharine Richards, Director,
Coronavirus State and Local Fiscal
Recovery Funds, Office of Recovery
Programs, Department of the Treasury,
(844) 529–9527.
SUPPLEMENTARY INFORMATION:
I. Introduction
Overview
Since the first case of coronavirus
disease 2019 (COVID–19) was
discovered in the United States in
January 2020, the pandemic has caused
severe, intertwined public health and
economic crises. In March 2021, as
these crises continued, the American
Rescue Plan Act of 2021 (ARPA)
1 established the Coronavirus State and
Local Fiscal Recovery Funds (SLFRF) to
provide state, local, and Tribal
governments
2 with the resources
needed to respond to the pandemic and
its economic effects and to build a
stronger, more equitable economy
during the recovery. The U.S.
Department of the Treasury (Treasury)
issued an interim final rule
implementing the SLFRF program on
May 10, 2021
3 and has since disbursed
over $240 billion to state, local, and
Tribal governments and received over
1,500 public comments on the interim
final rule. Treasury is now issuing this
final rule which responds to public
comments, implements the ARPA
statutory provisions on eligible and
ineligible uses of SLFRF funds, and
makes several changes to the provisions
of the interim final rule, summarized
below in the section Executive
Summary of Major Changes.
Since Treasury issued the interim
final rule in May 2021, both the public
health and economic situations facing
the country have evolved. On the public
health front, the United States has made
tremendous progress in the fight against
COVID–19, including a historic
vaccination campaign that has reached
over 80 percent of adults with at least
one dose and is reaching millions of
children as well.
4 However, the disease
continues to present an imminent threat
to public health, especially among
unvaccinated individuals. As the Delta
variant spread across the country this
summer and fall, the United States faced
another severe wave of cases, deaths,
and strain on the healthcare system,
with the risk of hospitalization and
mortality exponentially greater to
unvaccinated Americans. COVID–19 has
now infected over 50 million and killed
over 800,000 Americans since January
2020; tens of thousands of Americans
continue to be infected each day.
5 Even
as the nation recovers, new and
emerging COVID–19 variants may
continue to pose threats to both public
health and the economy. Moving
forward, state, local, and Tribal
governments will continue to play a
major role in responding through
vaccination campaigns, testing, and
other services.
The economic recovery similarly has
made tremendous progress but faces
continued risks from the disease and the
disruptions it has caused. In the early
months of the pandemic, the United
States experienced the sharpest
economic downturn on record, with
unemployment spiking to 14.8 percent
in April 2020.
6 The economy has
gradually added back jobs, with growth
accelerating in the first half of 2021.
7 However, as the Delta variant spread,
the intensified health risks and renewed
disruptions slowed growth,
demonstrating the continued risks from
the virus. By fall 2021, the economy had
exceeded its pre-pandemic size
8 and
unemployment had fallen below 5
percent,9 but despite this progress, too
many Americans remain unemployed,
out of the labor force, or unable to pay
their bills, with this pain particularly
acute among lower-income Americans
and communities of color. Again,
moving forward, state, local, and Tribal
governments will remain on the
frontlines of the economic response and
rebuilding a stronger economy in the
aftermath of the pandemic.
However, as state, local, and Tribal
governments continue to face
substantial needs to respond to public
health and economic conditions, they
have also experienced severe impacts
from the pandemic and resulting
recession. State, local, and Tribal
governments cut over 1.5 million jobs in
the early months of the pandemic amid
sharp declines in revenue and remain
over 950,000 jobs below their pre-
pandemic levels.
10 As the Great
Recession demonstrated, austerity
among state, local, and Tribal
governments can hamper overall
economic growth and severely curtail
the ability of governments to serve their
constituents.
Recognizing these imperatives, the
SLFRF program provides vital resources
for state, local, and Tribal governments
to respond to the pandemic and its
economic effects and to replace revenue
lost due to the public health emergency,
preventing cuts to government services.
Specifically, the ARPA provides that
SLFRF funds
11 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
VerDate Sep<11>2014 19:24 Jan 26, 2022 Jkt 256001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\27JAR2.SGM 27JAR2lotter on DSK11XQN23PROD with RULES2 257
4339 Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Rules and Regulations 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 specified two
types of ineligible uses of funds: funds
may not be used for deposit into any
pension fund or, for states and
territories only, to directly or indirectly
offset a reduction in net tax revenue
resulting from a change in law,
regulation, or administrative
interpretation.
Issued May 10, 2021, Treasury’s
interim final rule provided further detail
on eligible uses of funds within the four
statutory categories, ineligible uses of
funds, and administration of the
program. The interim final rule
provided state, local, and Tribal
governments substantial flexibility to
determine how best to use payments
from the SLFRF program to meet the
needs of their communities. The interim
final rule aimed to facilitate 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 eligible uses of funds that
state, local, and Tribal governments may
consider.
State, local, and Tribal governments
are already deploying SLFRF funds to
make an impact in their communities.
The SLFRF program ensures that state,
local, and Tribal governments have the
resources needed to fight the pandemic,
sustain and strengthen the economic
recovery, maintain vital public services,
and make investments that support
long-term growth, opportunity, and
equity. Treasury looks forward to
supporting and engaging with state,
local, and Tribal governments as they
use these funds to make transformative
investments in their communities.
Finally, with so many pressing and
effective ways to use SLFRF funds, there
is no excuse for waste, fraud, or abuse
of these funds.
Treasury received over 1,500
comments spanning nearly all aspects of
the interim final rule. The final rule
considers and responds to comments,
provides clarification to many aspects of
the interim final rule, and makes several
changes to eligible uses under the
program, summarized immediately
below.
Executive Summary of Major Changes
and Clarifications
The final rule provides broader
flexibility and greater simplicity in the
program, in response to public
comments. Among other clarifications
and changes, the final rule provides for
the following:
• Public Health and Negative
Economic Impacts: In addition to
programs and services, the final rule
clarifies that recipients may use funds
for capital expenditures that support an
eligible COVID–19 public health or
economic response. For example,
recipients may build certain affordable
housing, childcare facilities, schools,
hospitals, and other projects consistent
with the requirements in this final rule
and the Supplementary Information.
In addition, the final rule presumes
that an expanded set of households and
communities are ‘‘impacted’’ or
‘‘disproportionately impacted’’ by the
pandemic, thereby allowing recipients
to provide responses to a broad set of
households and entities without
requiring additional analysis. Further,
the final rule provides a broader set of
enumerated eligible uses available for
these communities as part of COVID–19
public health and economic response,
including making affordable housing,
childcare, and early learning services
eligible in all impacted communities
and making certain community
development and neighborhood
revitalization activities eligible for
disproportionately impacted
communities.
Further, the final rule allows for a
broader set of uses to restore and
support government employment,
including hiring above a recipient’s pre-
pandemic baseline, providing funds to
employees that experienced pay cuts or
furloughs, avoiding layoffs, and
providing retention incentives.
• Premium Pay: The final rule offers
more streamlined options to provide
premium pay, by broadening the share
of essential workers who can receive
premium pay without a written
justification while maintaining a focus
on lower-income and frontline essential
workers.
• Revenue Loss: The final rule offers
a standard allowance for revenue loss of
up to $10 million, not to exceed a
recipient’s SLFRF award amount,
allowing recipients to select between a
standard amount of revenue loss or
complete a full revenue loss calculation.
Recipients that select the standard
allowance may use that amount for
government services.
• Water, Sewer, and Broadband
Infrastructure: The final rule
significantly broadens eligible
broadband infrastructure investments to
address challenges with broadband
access, affordability, and reliability, and
adds additional eligible water and sewer
infrastructure investments, including a
broad range of lead remediation and
stormwater management projects.
Structure of the Supplementary
Information
In addition to this Introduction, this
Supplementary Information is organized
into four sections: (1) Eligible Uses, (2)
Restrictions on Use, (3) Program
Administration Provisions, and (4)
Regulatory Analyses.
The Eligible Uses section describes
the standards to determine eligible uses
of funds in each of the four eligible use
categories:
(1) Responding to the public health
and negative economic impacts of the
pandemic (which includes several sub-
categories)
(2) Providing premium pay to
essential workers
(3) Providing government services to
the extent of revenue loss due to the
pandemic, and
(4) Making necessary investments in
water, sewer, and broadband
infrastructure.
Each eligible use category has
separate and distinct standards for
assessing whether a use of funds is
eligible. Standards, restrictions, or other
provisions in one eligible use category
do not apply to the others. Therefore,
recipients should first determine which
eligible use category a potential use of
funds fits within, then assess whether
the potential use of funds meets the
eligibility standard or criteria for that
category. In the case of uses to respond
to the public health and negative
economic impacts of the pandemic,
recipients should also determine which
sub-category the eligible use fits within
(i.e., public health, assistance to
households, assistance to small
businesses, assistance to nonprofits, aid
to impacted industries, or public sector
capacity and workforce), then assess
whether the potential use of funds
meets the eligibility standard for that
sub-category. Treasury does not pre-
approve uses of funds; recipients are
advised to review the final rule and may
pursue eligible projects under it.
In some sections of the rule, Treasury
identifies specific uses of funds that are
eligible, called ‘‘enumerated eligible
uses’’; for example, Treasury provides
many enumerated eligible uses of funds
to respond to the public health and
negative economic impacts of the
pandemic. Uses of funds that are not
specifically named as eligible in this
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4340 Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Rules and Regulations 12 Centers for Disease Control and Prevention,
COVID Data Tracker, http://www.covid.cdc.gov/
covid-data-tracker/#datatracker-home (last visited
December 31, 2021).
13 U.S. Bureau of Labor Statistics, All Employees,
Total Nonfarm [PAYEMS] https://fred.
stlouisfed.org/series/PAYEMS (last visited
December 7, 2021).
final rule may still be eligible in two
ways. First, under the revenue loss
eligible use category, recipients have
broad latitude to use funds for
government services up to their amount
of revenue loss due to the pandemic. A
potential use of funds that does not fit
within the other three eligible use
categories may be permissible as a
government service, which recipients
can fund up to their amount of revenue
loss. For example, transportation
infrastructure projects are generally
ineligible as a response to the public
health and negative economic impacts
of the pandemic; however, a recipient
could fund these projects as a
government service up to its amount of
revenue loss, provided that other
restrictions on use do not apply. See
sections Revenue Loss and Restrictions
on Use for further information. Second,
the eligible use category for responding
to the public health and negative
economic impacts of the pandemic
provides a non-exhaustive list of
enumerated eligible uses, which means
that the listed eligible uses include
some, but not all, of the uses of funds
that could be eligible. The Eligible Uses
section provides a standard for
determining if other uses of funds,
beyond those specifically enumerated,
are eligible. If a recipient would like to
pursue a use of funds that is not
specifically enumerated, the recipient
should use the standard and other
guidance provided in the section Public
Health and Negative Economic Impacts
to assess whether the use of funds is
eligible.
Next, the Restrictions on Use section
describes limitations on how funds may
be used. Treasury has divided the
Restriction on Use section into (A)
statutory restrictions under the ARPA,
which include (1) offsetting a reduction
in net tax revenue, and (2) deposits into
pension funds, and (B) other restrictions
on use, which include (1) debt service
and replenishing reserves, (2)
settlements and judgments, and (3)
general restrictions. These restrictions
apply to all eligible use categories;
however, some restrictions apply only
to certain types of recipient
governments, and recipients are advised
to review the final rule to determine
which restrictions apply to their type of
government (e.g., state, territory, Tribal
government, county, metropolitan city,
or nonentitlement unit of government).
To reiterate, for recipient governments
covered by a specific restriction, that
restriction applies to all eligible use
categories and any use of funds under
the SLFRF program. Specifically:
• For states and territories only, funds
may not be used to offset directly or
indirectly a reduction in net tax revenue
resulting from a change in state or
territory law.
• For all recipients except Tribal
governments, funds may not be used for
deposits into a pension fund.
• For all recipients, funds may not be
used for debt service or replenishing
financial reserves.
• All recipients must also comply
with three general restrictions. First, a
recipient may not use SLFRF funds for
a program, service, or capital
expenditure that conflicts with or
contravenes the statutory purpose of
ARPA, including a program, service, or
capital expenditure that includes a term
or condition that undermines efforts to
stop the spread of COVID–19. Second,
recipients may not use SLFRF funds in
violation of the conflict-of-interest
requirements contained in the Award
Terms and Conditions, including any
self-dealing or violation of ethics rules.
Lastly, recipients should be aware that
federal, state, and local laws and
regulations, outside of SLFRF program
requirements, also apply, including for
example, environmental laws and
federal civil rights and
nondiscrimination requirements, which
include prohibitions on discrimination
on the basis of race, color, national
origin, sex (including sexual orientation
and gender identity), religion, disability,
age, or familial status (having children
under the age of 18).
The Program Administration
Provisions section describes the
processes and requirements for
administering the program on an
ongoing basis, specifically as relates to
the following: Distribution of funds,
timeline for using funds, transfer of
funds from a recipient to different
organizations, use of funds for program
administration, reporting on use of
funds, and remediation and recoupment
of funds used for ineligible purposes. Of
note, SLFRF funds may only be used for
costs incurred within a specific time
period, beginning March 3, 2021, with
all funds obligated by December 31,
2024 and all funds spent by December
31, 2026. Recipients are advised to also
consult Treasury’s Reporting and
Compliance Guidance for additional
information on program administration
processes and requirements, including
applicability of the Uniform Guidance.
Finally, the section Regulatory
Analyses provides Treasury’s analysis of
the impacts of this rulemaking, as
required by several laws, regulations,
and Executive Orders.
Throughout this Supplementary
Information, statements using the terms
‘‘should’’ or ‘‘must’’ refer to
requirements, except when used in
summarizing opinions expressed in
public comments. Statements using the
term ‘‘encourage’’ refer to
recommendations, not requirements.
II. Eligible Uses
A. Public Health and Negative
Economic Impacts
Background
Since the first case of COVID–19 was
discovered in the United States in
January 2020, the disease has infected
over 50 million and killed over 800,000
Americans.
12 The disease—and
necessary measures to respond—have
had an immense public health and
economic impact on millions of
Americans across many areas of life, as
detailed below in the respective sections
on Public Health and Negative
Economic Impacts. Since the release of
the interim final rule in May 2021, the
country has made major progress in
fighting the disease and rebuilding the
economy but faces continued risks, as
illustrated by the spread of the Delta
variant and the resulting slowdown in
the economic recovery. The SLFRF
program, and Treasury’s interim final
rule, provide substantial flexibility to
recipients to respond to pandemic
impacts in their local community; this
flexibility is designed to help state,
local, and Tribal governments adapt to
the evolving public health emergency
and tailor their response as needs evolve
and to the particular local needs of their
communities.
Indeed, state, local, and Tribal
governments face continued needs to
respond at scale to the public health
emergency. This includes continued
public health efforts to slow the spread
of the disease, to increase vaccination
rates and provide vaccinations to new
populations as they become eligible, to
protect individuals living in congregate
facilities, and to address the broader
impacts of the pandemic on public
health. Similarly, while a strong
economic recovery is underway, the
economy remains 3.9 million jobs below
its pre-pandemic level, pointing to the
continued need for response efforts,
with low-income workers and
communities of color facing elevated
rates of unemployment and economic
hardship.
13 Long-standing disparities in
health and economic outcomes in
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4341 Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Rules and Regulations 14 Treasury uses ‘‘underserved’’ to refer to
populations sharing a particular characteristic, as
well as geographic communities, that have been
systematically denied a full opportunity to
participate in aspects of economic, social, and civic
life. In the interim final rule, Treasury generally
used the term ‘‘disadvantaged’’ to refer to these
same populations and communities.
15 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 December 7,
2021).
16 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.
17 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 section 602 and 603
of the Social Security Act.
underserved 14 communities, that
amplified and exacerbated the impacts
of the pandemic, also present continued
barriers to full and equitable recovery.
As state, local, and Tribal
governments work to meet the public
health and economic needs of their
communities, these governments are
also confronting the need to rebuild
their own capacity. Facing severe
budget challenges during the pandemic,
many state, local, and Tribal
governments have been forced to make
cuts to services or their workforces,
including cutting over 1.5 million jobs
from February to May 2020, or delay
critical investments. As of fall 2021,
state, local, and Tribal government
employment remained over 950,000 jobs
below pre-pandemic levels.
15 In the
recovery from the Great Recession, cuts
to state, local, and Tribal governments
became a meaningful drag on economic
growth for several years, and the SLFRF
program provides the resources needed
to re-invest in vital public services and
workers to avoid this outcome.
16 1. General Provisions: Structure and
Standards
Background: Sections 602(c)(1)(A)
and 603(c)(1)(A) of the Social Security
Act establish that recipients may use
funds ‘‘to respond to the public health
emergency with respect to COVID–19 or
its negative economic impacts,
including assistance to households,
small businesses, and nonprofits, or aid
to impacted industries such as tourism,
travel, and hospitality.’’ The interim
final rule established three categories
within this eligible use: (1) Public
health responses for those impacted by
the pandemic, including the general
public; (2) responses to the negative
economic impacts that were
experienced by those impacted as a
result of the pandemic; and (3)
additional services, either as a public
health response or a response to the
negative economic impacts of the
pandemic, for disproportionately
impacted communities.
The interim final rule established the
method to determine which specific
programs or services may be eligible to
respond to the public health emergency
or to respond to the negative economic
impacts of the public health emergency
within this framework. The interim final
rule included multiple enumerated uses
that are eligible within each of these
categories when provided to eligible
populations, including populations that
the interim final rule presumed to have
been impacted (in the case of public
health responses and responses to
negative economic impacts) or
disproportionately impacted (in the case
of disproportionately impacted
communities). Finally, the interim final
rule also allowed recipients to designate
additional individuals or classes as
impacted or disproportionately
impacted. The standards for each of
these criteria under the interim final
rule are discussed below.
To assess whether a program or
service would be eligible to respond to
the public health emergency or its
negative economic impacts, the interim
final rule stated that, ‘‘the recipient [is
required] to, first, identify a need or
negative impact of the COVID–19 public
health emergency and, second, identify
how the program, service, or other
intervention addresses the identified
need or impact [. . . .] [E]ligible 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 enumerated
eligible uses were presumed to meet this
criterion.
With respect to uses not specifically
enumerated in the interim final rule as
eligible public health responses, the
interim final rule stated that, ‘‘[t]o 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.’’
With respect to uses not specifically
enumerated in the interim final rule as
eligible responses to a negative
economic impact of the public health
emergency, the interim final rule stated
that ‘‘[e]ligible 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
to or address this harm.
17 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.’’
The interim final rule went on to say
that: ‘‘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.’’
Throughout this final rule, Treasury
refers to households, communities,
small businesses, nonprofits, and
industries that experienced public
health or negative economic impacts of
the pandemic as ‘‘impacted.’’ The first
section in the interim final rule under
this eligible use category included
public health responses for these
impacted classes. The second category
in the interim final rule under this
eligible use category included responses
to the negative economic impacts that
were experienced by these impacted
classes as a result of the pandemic.
The interim final rule further
recognized that certain populations
have experienced disproportionate
health or negative economic impacts
during the pandemic, as pre-existing
disparities in these communities
amplified the impacts of the pandemic.
For example, the interim final rule
recognized that the negative economic
effects of the pandemic were
particularly pronounced among lower-
income families, who were more likely
to experience income loss and more
likely to have a job that required in-
person work. The interim final rule
recognized the role of pre-existing social
vulnerabilities and disparities in driving
the disparate health and economic
outcomes and presumed that programs
designed to address these health or
economic disparities are responsive to
the public health or negative economic
impacts of the COVID–19 public health
emergency, when provided in
disproportionately impacted
communities. In addition to identifying
certain populations and communities
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4342 Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Rules and Regulations 18 Note that small businesses, nonprofits, and
industries may also function as subrecipients. For
additional information on these distinctions see
section Distinguishing Subrecipients versus
Beneficiaries.
presumed to be disproportionately
impacted, it also empowered recipients
to identify other disproportionately
impacted households, populations,
communities, or small businesses. The
interim final rule provided that, 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.
Throughout this final rule, Treasury
refers to those households,
communities, small businesses, and
nonprofits that experienced
disproportionate public health or
negative economic impacts of the
pandemic as ‘‘disproportionately
impacted.’’ The third category in the
interim final rule under this eligible use
included public health responses and
responses to the negative economic
impacts for these disproportionately
impacted classes.
The interim final rule provided
significant flexibility for recipients to
determine which households,
populations, communities, or small
businesses have been impacted and/or
disproportionately impacted by the
pandemic and to identify appropriate
responses. The interim final rule
included several provisions to provide
simple methods for recipients to
identify impacts and design programs to
address those impacts. First, the interim
final rule allowed recipients to
demonstrate a negative economic
impact on a population or class and
provide assistance to households or
small businesses that fall within that
population or class. In such cases, the
recipient need only demonstrate that an
individual household or business is
within the class that experienced a
negative economic impact, rather than
requiring a recipient to demonstrate that
each individual household or small
business experienced a negative
economic impact, because the impact
was already identified for the class.
Second, in the interim final rule,
Treasury presumed that certain
populations have been impacted or
disproportionately impacted and are
thus eligible for services that respond to
these impacts or disproportionate
impacts. Specifically, the interim final
rule permitted recipients to presume
that households that experienced
unemployment, increased food or
housing insecurity, or are low- or
moderate-income experienced a
negative economic impact from the
pandemic. The interim final rule also
permitted recipients to presume that
certain services provided in Qualified
Census Tracts (QCTs), to individuals
living in QCTs, or by Tribal
governments are responsive to
disproportionate impacts of the
pandemic. In addition to the
populations presumed to be impacted or
disproportionately impacted, under the
interim final rule, recipients could
identify other impacted households or
classes, as described above, as well as
other populations, households, or
geographic areas that are
disproportionately impacted by the
pandemic.
Third, as mentioned previously, the
interim final rule included a non-
exhaustive list of uses of funds that
Treasury identified as responsive to the
impacts or disproportionate impacts of
the pandemic. Treasury refers to these
as ‘‘enumerated eligible uses.’’
To summarize, the interim final rule
identified certain populations that are
presumed to be impacted by the
pandemic (and specific enumerated
uses of funds that are responsive to that
impact) and populations that are
presumed to be disproportionately
impacted by the pandemic (and specific
enumerated uses of funds that are
responsive to those disproportionate
impacts). In addition, the interim final
rule provided standards for recipients to
assess whether additional uses of funds,
beyond the enumerated eligible uses,
are eligible for impacted and
disproportionately impacted
populations and permitted recipients to
identify other households or classes that
experienced impacts of the pandemic or
disproportionate impacts of the
pandemic.
Rule Structure
Public Comment: Many commenters
expressed concern regarding the
structure of the eligible uses, indicating
they found the structure of the public
health and negative economic impacts
section of the interim final rule to be
confusing or difficult to navigate. Other
commenters indicated that they
understood the enumerated uses to be
the only eligible uses and/or the
presumed eligible populations to be the
only eligible populations. Several
commenters expressed frustration about
the number of eligible uses specifically
enumerated in the interim final rule,
which they considered too few, and
commenters proposed a wide range of
additional enumerated eligible uses (for
further discussion, see the section
Public Health and section Negative
Economic Impacts). Commenters
expressed concern with pursuing uses
of funds not explicitly enumerated in
the eligible use section or uncertainty
regarding the broad flexibility provided
under the interim final rule to pursue
additional programs that respond to the
public health or negative economic
impacts of the pandemic or the process
for doing so.
Treasury Response: Treasury
recognizes that many commenters felt
the structure of the interim final rule
could be clarified. These comments are
consistent with many of the questions
that Treasury has received from
recipients, which requested clarification
regarding the category their desired
response fits into. Treasury observes
that these comments and questions
generally fall into four categories: (1)
How to identify the correct public
health or negative economic impact
category for a particular response, (2)
how to identify whether a particular use
is eligible, (3) how to identify an
impacted or disproportionately
impacted class, and (4) whether an
enumerated use can be provided to a
class other than those presumed
impacted or disproportionately
impacted. In response to comments,
Treasury is adjusting the structure of the
public health and negative economic
impacts eligible use section of the final
rule to improve clarity and make it
easier for recipients to interpret and
apply the final rule.
Specifically, Treasury is restructuring
the rule to aid recipients in determining
whether a particular response is eligible
and how the particular response might
be eligible under a particular category.
This restructuring reinforces the
fundamental criteria that a use of funds
is eligible based on its responsiveness to
a public health or negative economic
impact experienced by individuals,
households, small businesses,
nonprofits, or impacted industries
(together ‘‘beneficiaries’’).
18 This
restructuring is intended to make the
rule easier to navigate and to
implement, including any criteria or
conditions on particular uses of funds.
The reorganization of the public
health and negative economic impacts
section of the final rule is also intended
to clarify the enumerated eligible uses
described in the interim final rule. The
reorganization itself is not intended to
change the scope of the enumerated
uses that were included in the interim
final rule or that were allowable under
the interim final rule. In some cases,
specific enumerated uses are being
altered, and those changes are discussed
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4343 Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Rules and Regulations 19 In designing an intervention to mitigate
COVID–19, the recipient should consider guidance
from public health authorities, particularly the
Centers for Disease Control and Prevention (CDC),
in assessing appropriate COVID–19 mitigation and
prevention strategies (see Centers for Disease
Control and Prevention, COVID–19, https://
www.cdc.gov/coronavirus/2019-ncov/index.html).
A program or service that imposes conditions on
participation in or acceptance of the service that
would undermine efforts to stop the spread of
COVID–19 or discourage compliance with practices
in line with CDC guidance for stopping the spread
of COVID–19 is not a permissible use of funds.
as changes within the section on that
enumerated use.
The final rule streamlines and aligns
services and standards that are generally
applicable or are provided for public
health purposes. Under this approach,
eligible uses to respond to the public
health emergency are organized based
on the type of public health problem: (1)
COVID–19 mitigation and prevention,
(2) medical expenses, (3) behavioral
health care, and (4) preventing and
responding to violence. Under this
approach, eligible uses to respond to the
negative economic impacts of the public
health emergency are organized based
on the type of beneficiary: (1) Assistance
to households, (2) assistance to small
businesses, and (3) assistance to
nonprofits, alongside a fourth
standalone eligibility category for aid to
travel, tourism, hospitality, and other
impacted industries. The first three
categories, assistance to households,
small businesses, and nonprofits,
include enumerated eligible uses for
impacted and disproportionately
impacted beneficiaries. This change in
structure is intended to provide a
framework that clearly identifies the
intended beneficiaries of uses of funds
and provides clarity about what types of
assistance are ‘‘responsive to the
pandemic or its negative economic
impacts’’ for these beneficiaries.
a. Standards for Identifying a Public
Health or Negative Economic Impact
Standards: Designating a Public Health
Impact
Public Comment: Many commenters
expressed uncertainty about how to
determine whether a use of funds,
beyond those specifically enumerated as
eligible, might be an eligible public
health response. For example, many
commenters submitted questions asking
whether specific uses of funds would be
eligible. Others described what they
considered to be impacts of the
pandemic and argued that uses of funds
to respond to these issues should be
eligible. Some commenters requested
that Treasury provide additional detail
to guide their assessments of eligible
uses of funds. For example, a
commenter requested more clarification
around exactly what and whose medical
expenses can be covered. These
comments ranged in their specificity
and covered the full range of the
enumerated eligible uses.