Palmdale City Council
August 16, 2023

1. CALL MEETING TO ORDER

*Note: All City Council memberships are reflected in their City Council titles.

2. ROLL CALL

MAYOR BETTENCOURT, MAYOR PRO TEM ALARC
Ó

N, COUNCILMEMBERS

BISHOP, LOA, OHLSEN

COMMISSIONERS FRAGA-SAENZ, BETTS

3. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

4. WAIVER OF FULL READING OF RESOLUTION(S) and ORDINANCE(S) Staff Recommendation: Move to waive full reading of the Resolution (s) and/or Ordinance(s) to be considered and voted on at this meeting. (Voice Vote - Requires a majority to waive.)

PUBLIC COMMENT RULES:
“(California Government Code Section 54954.3).
(a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of

CITY COUNCIL MEETING

HOUSING AUTHORITY

CITY COUNCIL CHAMBERS
38300 SIERRA HIGHWAY

SUITE B
PALMDALE, CA 93550
WEDNESDAY, AUGUST 16, 2023
5:00 PM
www.cityofpalmdale.org

WELCOME
City Council
Wednesday, August 16, 2023
Section 54954.2 [section omitted].

(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of the subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.
(2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non- English speakers receive the same opportunity to directly address the legislative body of a local agency.”

In furtherance of Section 54954.3 of the Brown Act, the public is allotted to speak a total of three (3) minutes on the entirety of the Consent Calendar(s), Appointment, and Closed Session, with two (2) minutes on each New Business and Public Hearing item, and, if desired, an additional two (2) minutes on items not on the agenda that are within the subject matter jurisdiction of the City Council. As specified in the Brown Act, a speaker utilizing a translator will receive twice the amount of time specified.

5. PUBLIC COMMENTS:

CONSENT CALENDAR(S), APPOINTMENT, AND CLOSED SESSION:

Now is the
time for public participation on items listed on the Consent Calendar(s), Appointment, and Closed Session. Each speaker is allotted three (3) minutes total on the entirety of the above sections.

6. HOUSING AUTHORITY CONSENT CALENDAR
All matters listed under the Consent Calendar will be enacted by one motion unless an item(s) is pulled by the Housing Authority, in which case the item(s) will be removed from the Calendar and will be considered separately following this portion of the Agenda.

6.1 Review and approve budget adjustments for acquisition of vacant land located along 3rd Street East near Avenue P-12 (APN 3006-006-036).

04 SR -
HA Budget Adjustments.docx

6.2 Approve the minutes from the previous meetings.

June 7, 2023 - HA Minutes
June 21, 2023 - HA Minutes

HA - 06_07_2023 - 5pm.pdf

HA Mins 06 21 2023.pdf
City Council
Wednesday, August 16, 2023

7. CONSENT CALENDAR
All matters listed under the Consent Calendar will be enacted by one motion unless an item(s) is pulled by Council, in which case the item(s) will be removed from the Calendar and will be considered separately following this portion of the Agenda.

7.1 Approve Second Amendment to agreement with NBS Government Finance Group (A-7611) to increase the total amount of the Agreement by $75,250 for a not to exceed amount of $1,001,380 for the remainder of the term through 2024.

Staff_Report_-_Agreement_A-7611_Amendment 2.docx

City of Palmdale - [email protected] - NBS Government Finance Group (A- 7611) Amendment 2 - 05-24-2023 - Signed v34.pdf

7.2 Approve Second Amendment to Legal Services Agreement with Bradley, Gmelich
& Wellerstein, LLP
(A-7819) to increase the total amount of the Agreement by an additional $240,000 not to exceed the sum of $990,000
.

SR - Bradley, Gmelich & Wellerstein, LLP A-7819 Amend 2 - 08162023.docx

Bradley, Gmelich & Wellerstein, LLP (A-7819) Amendment 2.pdf

A-7819 A1 Bradley Gmelich Wellerstein.pdf

Bradley & Gmelich - Agreement 7819.pdf

7.3 Approve service agreement for a digital divide study with Nutter Consulting in the amount of $140,000 for a term of six (6) months.

A-8413 Nutter Consulting Staff Report_Revised.docx

Consulting Services w- Term (#3A) - Nutter Consulting (A-8413) - 07-12-2023 - Preview (3).pdf

7.4 Award Agreement with MNS Engineers, Inc. for Construction Management and Inspection Services Associated with PN795, Sam Yellen Park Phase 2, in the amount of $535,568 for a term of 16 months from the date of Notice to Proceed.

PN795_-_Award_Con_Inspection_Contract_2023.07.26.docx

MNS ENGINEERS (A-8470).pdf

Agreement No. A-8470 - Exhibit A.pdf

7.5 Approve Grant Agreement A-8464 with Advancing Communities Together for $781,820 for development of 20-units of crisis interim housing, for a ten-year term, to be located at 38629 9th Street East, Palmdale.

01 SR ACT ARPA PDC Agreement 8.16.2023.docx

01 ACT Dream Village ARPA Grant Agreement A-8464 v2.pdf

01 Project Location Map.docx

7.6 Approve Grant Agreement A-8465 with Advancing Communities Together for $390,220 for facility improvements and site preparation for a Winter Shelter to be located at 38626 9th Street East, Palmdale.

01 SR ACT ARPA WSP Agreement 8.16.2023.docx
City Council
Wednesday, August 16, 2023

01 Project Location Map.docx

ACT Winter Shelter ARPA Grant Agreement v6 exhibits.pdf

7.7 Adopt Resolution No. CC 2023-050, a Resolution of the City Council of the City of Palmdale establishing a new full-time position and amending the City's Classification and Pay Plan for General Positions.

1. Staff_Report_-_Classification_And_Pay_Plan.docx

2. Reso 2023-050 Class & Pay Plan.docx

3. CLASSIFICATION_AND_PAY_PLAN_General_Positions Rev 8.16.23.pdf

4. 7.3.23 Salary Schedule General Positions.pdf

7.8 Adopt Resolution No. CC 2023-048, a Resolution of the City Council of the City of Palmdale, authorizing the submission of the application for the 2023 Local Edward Byrne Memorial Justice Grant (JAG) Program to receive Grant allocation of $54,869.

JAG Staff Report Resolution No CC 2023-048.docx

JAG__Resolution_No_CC_2023-048.docx

2023 JAG Application for Submission.pdf

7.9 Approve the minutes from the previous meeting.

July 12, 2023 - CC/SA Minutes
July 19, 2023 - CC Minutes

City Council_SA - 07_12_2023 - 5pm.pdf

City Council - 7 19 2023 - 5PM.pdf

8. APPOINTMENT

8.1 City Council nomination and appointment of one (1) member to The Palmdale Aerospace Academy Board of Directors.

TPAA_Appointment_SR_final rev.docx

TPAA Application - Patrick Brophy Redacted.pdf

Perkins, Tracy Redacted.pdf

Board of Directors Description of Duties.pdf

By-Laws Excerpts.pdf

9. PUBLIC HEARING

9.1 Introduction and Adoption of Ordinance No. 1613, an Ordinance of the City Council of the City of Palmdale approving Zoning Ordinance Amendment 23-001 and Zone Change 23-001, a request to modify Title 17 of the Palmdale Municipal Code to address inconsistencies correct typographical errors, update the associated Zoning Map and find that the Amendment is consistent with Program Environmental Impact Report (PEIR) 22-002 prepared and certified in conjunction City Council
Wednesday, August 16, 2023
with City's General Plan (Palmdale2045).

PUBLIC COMMENTS: Now is the time for public participation on this item.

Each speaker is allotted two (2) minutes.

Staff_Report_ZOA_23-001_and_ZC_23-001-V1.docx

Ordinance_No._1613__ZOA_23-001_and_ZC_23-001-V2.doc

Exhibit I - Redlines_v1.pdf

Exhibit II - Zoning Map.pdf

9.2 Introduction and Adoption of Ordinance No. 1614, an Ordinance of the City Council of the City of Palmdale, a request to amend various sections of the Palmdale Municipal Code to address inconsistencies, correct typographical errors and references and finding that the Amendment is consistent with Program Environmental Impact Report 20-002 prepared and certified in conjunction with the City's General Plan (Palmdale 2045).

PUBLIC COMMENTS: Now is the time for public participation on this item.

Each speaker is allotted two (2) minutes.

Staff Report - PMC Amendment.docx

Ordinance No. 1614 - PMC Amendment V1.doc

Exhibit 1 v2.docx

9.3 Introduction and Adoption of Ordinance No. 1611, an Ordinance of the City Council of the City of Palmdale, Amending Section

2.08.010 of the Palmdale
Municipal Code to establish the process to annually designating the mayor and selecting the mayor pro tem.

PUBLIC COMMENTS: Now is the time for public participation on this item.

Each speaker is allotted two (2) minutes.

Recommendation re mayor and mayor pro tem 08102023.docx

Ordinance No. 1611 .docx

10. NEW BUSINESS

10.1 Presentation update for the Community Programs Division.

PUBLIC COMMENTS: Now is the time for public participation on this item.

Each speaker is allotted two (2) minutes.

10.2 Consideration and adoption of City Council Rules and Regulations; recommendation to adopt Resolution No. CC 2023-052, a Resolution establishing a Code of Conduct for City Council Members and Officials and establishing rules for conducting City Council Meetings.

City Council
Wednesday, August 16, 2023
PUBLIC COMMENTS: Now is the time for public participation on this item.

Each speaker is allotted two (2) minutes.

Consideration and Adoption of City Council Rules and Regulations 08102023 .docx

Reso. No. CC 2023-052.docx

10.3 Letter of Support protecting U.S. Manufacturing Jobs, Community Investments and Promoting Innovative Workforce and Community Partnerships.

PUBLIC COMMENTS: Now is the time for public participation on this item.

Each speaker is allotted two (2) minutes.

BYD Support Letter2.docx

11. NON-AGENDA PUBLIC COMMENTS
:

Now is the time for public participation on
items not listed on the agenda. Each speaker is allotted two (2) minutes total on items not listed on the agenda.

12. CITY COUNCIL ANNOUNCEMENTS AND REQUESTS

13. CITY MANAGER’S REPORT

14. PRESENTATION BY CITY ATTORNEY

14.1 PUBLIC EMPLOYMENT
Title: City Attorney

15. ANNOUNCEMENT BY CITY ATTORNEY

16. ADJOURN
meeting to September 6, 2023 at 5:00 p.m. in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.

Americans with Disabilities Act (ADA) Accommodations
In accordance with the Americans with Disabilities Act of 1990, if you require a disability- related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (661) 267-5151 at least 72 hours prior to the meeting.

If you require oral Spanish translation, please contact the City Clerk’s Office at (661) 267- 5151 at least 72 hours prior to the meeting.

City Council
Wednesday, August 16, 2023
Housing Authority
Staff Report
DATE: AUGUST 16, 2023
TO: HONORABLE CHAIR AND COMMISSIONERS
FROM: NEIGHBORHOOD SERVICES

HOUSING DIVISION
DISTRICT: 1
SUBJECT: REVIEW AND APPROVE BUDGET ADJUSTMENTS FOR ACQUISITION OF VACANT LAND LOCATED AL ONG 3 RD STREET EAST NEAR
AVENUE P-12 (APN 3006-006-036)
ISSUE
Review and approve Housing Authority budget adjustments for acquisition of vacant land located along 3rd Street East near Avenue P-12 (APN 3006-006-036).

RECOMMENDATION
Staff recommends that the Housing Authority review and approve the budget adjustments for acquisition of vacant land located along 3 rd Street East near Avenue P-12 (APN 3006-006-036).

BACKGROUND
The Housing Authority has approved the proposed acquisition of vacant land located along 3rd Street East near Avenue P -12 (APN 3006 -006-036) in the Transit Village Specific Plan Area for future development.

DISCUSSION
The Housing Authority has received approval to negotiate the acquisition of the property and seeks to have budget allocated to the appropriate accounts through the following budget adjustments:

From: To: Amount:
29364011-782921 Transit Village 29364011-774500 Land Held for Resale
$552,940
Report to Chair and Commissioners of the Housing Authority Re: Budget transfer
August 16, 2023

FISCAL IMPACT
There is a net zero fiscal impact.

STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.

A. Manage resources, costs and liabilities to ensure the City’s long-term fiscal health.

Prepared by: Heather Nichols, Senior Housing Coordinator Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, Executive Director
Approved as to form: William P. Curley, III, Interim Authority Attorney City Council/SA/HA - 06/07/2023 - 5pm

1 MINUTES
CITY COUNCIL/SA/HA - 06/07/2023 - 5PM

CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B

PALMDALE, CALIFORNIA

www.cityofpalmdale.org

1) CALL MEETING TO ORDER

Mayor Bettencourt called the meeting to order at 5:01 p.m.

*Note: All City Council memberships are reflected in their City Council titles.

2) ROLL CALL MAYOR BETTENCOURT, MAYOR PRO TEM ALARCÓN,

COUNCILMEMBERS BISHOP, LOA, OHLSEN COMMISSIONERS FRAGA- SAENZ, DENNY

PRESENT: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Christina Fraga-Saenz, Phil Denny.

ABSENT: Richard J. Loa.

Motion: Excuse the absence of Councilmember Loa.

Moved by Laura Bettencourt, seconded by Austin Bishop.

Vote: Motion carried (6-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Christina Fraga-Saenz, Phil Denny.

Absent: Richard J. Loa.

3) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

4) PRESENTATION

4.1) Mayor Bettencourt provided information on the immigrants that founded the City of Palmdale and a breakdown of city demographics. The Immigrant Heritage Month proclamation was presented to Bethany Hadlock, City of Palmdale Library Associate.

5) WAIVER OF FULL READING OF RESOLUTION(S) and ORDINANCE(S)

Motion: Move to waive full reading of the Resolution (s) and/or Ordinance(s) to be considered and voted on at this meeting
Moved by Andrea Alarcón, seconded by Eric Ohlsen.

City Council/SA/HA - 06/07/2023 - 5pm

2 Vote: Motion carried (6-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Christina Fraga-Saenz, Phil Denny.

Absent: Richard J. Loa.

6) PUBLIC COMMENTS

The following individuals commented regarding an editor’s letter in the AV Press:

Diane, Rich Gallego, and Yul Gevargis.

Jason Zink commented on the sustainable transportation plan and other topics.

The following individuals commented on the Immigrant He ritage Month presentation and the City’s budget: Xavier Flores and Felix Menendez.

The following individuals commented regarding the allocation of Measure AV funds, support of non -profit organizations, businesses, and the community:Juan Eduardo Medina, Erika Alonzo, Irma Hernandez, Marcos Alvarez, Julio Lopez, Vicky Ventura, Jacqueline Diaz, Karina Monzano, Omar Ruiz, Josefina Cruz, Alex Aldana, and Ruth Sanchez.

David Harris commented in support of firework booths and City leadership. Sylvia (NAACP) commented regarding the Rapid Re-housing Program.

Marsha Furman commented in support of safe and sane fireworks and in opposition to the public comment policy.

Mario Presents spoke regarding the People's Business, public comments, and other matters.

Michael Ross commented regarding the distribution of Measure AV funds and the Council code of conduct.

A motion was made and carried unanimously to close the public comments.

Interim City Attorney Curley provided clarification on the Public Comment Rules.

7) HOUSING AUTHORITY CONSENT CALENDAR

7.1) Adopt Resolution No. HA 2023 -002, a Resolution of the Housing Authority of the City of Palmdale; repealing Resolution No. HA 2017-004 and approving the Housing Authority of the City of Palmdale’s Homelessness Pre vention and Rapid Rehousing Program; approve agreement A -8366 with The Salvation Army to conduct the Homelessness Prevention and Rapid Rehousing Program (HPRP); and authorizing the Executive Director or their designee to make necessary changes and execute documents related to the Homelessness Prevention and Rapid Rehousing Program.

City Council/SA/HA - 06/07/2023 - 5pm

3 7.2) Approve the minutes from the previous meeting.

HA - April 5, 2023 HA - May 17, 2023

Motion: Approve all items as listed on the Housing Authority Consent Calendar Moved by Andrea Alarcón, seconded by Austin Bishop.

Vote: Motion carried (6-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Christina Fraga-Saenz, Phil Denny.

Absent: Richard J. Loa.

Mayor Bettencourt adjourned the Housing Authority at 6:23 p.m.

8) CONSENT CALENDAR

8. 1) Receive and file the Monthly Investment Activity Reports for April 2023.

8. 2) Receive and file the Annual Report on Development Impact Fees for Fiscal Year Ended June 30, 2022 and adopt findings to commit funds held in the Littlerock Drainage Fee Fund, Fire Facilities Fund, and the Sewer Upgrade Fee Fund.

8. 3) Approve agreement with Harrell & Company Advisors, LLC. for Municipal Advisory Services, in the amount of $125,000, for a f ive (5) year term through June 30, 2028.

8. 4) Approve Agreement with Flock Group, Inc to provide a fixed location Automated License Plate Recognition (ALPR) system, fifty LPR cameras, and provide implementation services in a not to exceed amount of $157,500 fo r a one (1) year term.

Mayor Pro Tem Alarcón pulled this item for discussion. Mayor Bettencourt recused herself from this item.

Information Technology Manager Thompson presented the staff report and introduced Jesse Mund from Flock Group to answer questions. Discussion ensued regarding the product features offered to the City, placement of cameras, storage of data, implementation plan, access of information, Amber Alert situations, and privacy of citizens.

There was Council consensus to continue this item to a meeting in July.

Mayor Bettencourt returned to the dais.

8. 5) Approve First Amendment to Agreement with True Point, LLC to provide implementation services for Accela land use, plan review, permitting, and inspection tracking system for an additional amount of $150,000 and a not to exceed amount of $450,000 for a three (3) year term through December 31, 2024.

City Council/SA/HA - 06/07/2023 - 5pm

4 8. 6) Approval of 36 Fireworks booth permits for non-profit organizations.

Mayor Pro Tem Alarcón pulled this item for discussion. Business License Coordinator Andrews provided a PowerPoint presentation. Mayor Bettencourt encouraged citizens to use Safe and Sane fireworks in permitted areas. Mayor Pro Tem Alarcón spoke in support of the non-profits.

Motion: Approval of 36 Fireworks booth permits for non-profit organizations.

Moved by Andrea Alarcón, seconded by Austin Bishop.

Vote: Motion carried (4-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen.

Absent: Richard J. Loa.

8. 7) Adopt Resolution No. CC 2023-026, a Resolution of the City Council of the City of Palmdale of intention to continue assessments for Fiscal Year 2023/2024, preliminarily approving the annual Engineer’s Report and providing for notice of hearing for the City of Palmdale Drainage Benefit Assessment Districts No. 1 and No. 2006-02.

8. 8) Adopt Resolution No. CC 2023-027, a Resolution of the City Council of the City of Palmdale of intention to continue assessments for Fiscal Year 2023/2024, preliminarily approving the annual Engineer’s Report and providing for notice of hearing for the City of Palmdale Landscape Maintenance Assessment Districts and Annexations, Park Maintenance and Recreation Improvement District, and Streetlight Maintenance Assessment Districts and Annexations.

8. 9) Approve lease agreement between the City of Palmdale and New Cingular Wireless, dba AT&T Wireless for a cellular wireless facility lease located at McAdam Memorial Park.

8. 1 0) Adopt Resolution No. CC 2023 -039, a Resolution of the City Council of the City of Palmdale to repeal and replace Resolution No. CC 2020 -035 with Resolution No. CC 2023 -039 which adopts the updated Title VI Plan for the City of Palmdale for 2023-2026.

8. 1 1) Adopt Resolution No. CC 2023-040, a Resolution of the City Council of the City of Palmdale to adopt the City of Palmdale Sustainable Transportation Plan.

Mayor Pro Tem Alarcón pulled this item for discussion. City Traffic Manager Nelson and Darryl, of Kimley-Horn provided a detailed PowerPoint presentation.

Mayor Pro Tem Alarcón spoke in support of this item. Mayor Bettencourt requested a meeting with City Traffic Manager Nelso n regarding red light cameras. Councilmember Bishop inquired regarding federal and state grant funding and the school traffic issue. Discussion ensued regarding school traffic.

Motion: Adopt Resolution No. CC 2023-040
Moved by Andrea Alarcón, seconded by Austin Bishop.

Vote: Motion carried (4-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen.

City Council/SA/HA - 06/07/2023 - 5pm

5 Absent: Richard J. Loa.

8. 1 2) Adopt Resolution No. CC 2023 -034, a Resolution of the City Council of the City of Palmdale to adopt a list of projects for Fiscal Year 2023-2024 Funded by SB 1: The Road Repair and Accountability Act of 2017.

Mayor Pro Tem Alarcón pulled this item for di scussion. City Engineer Padilla presented the staff report. Mayor Pro Tem Alarcón asked questions regarding the analysis, and City Engineer Padilla stated software was used to find the worst roadways.

Motion: Adopt Resolution No. CC 2023-034
Moved by Austin Bishop, seconded by Laura Bettencourt.

Vote: Motion carried (4-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen.

Absent: Richard J. Loa.

8. 1 3) Approve the minutes from the previous meeting. May 17, 2023 -

CC/SA/IDA/PAA/PCA/PFA
City Manager's Office - City Clerk Department

Motion: Approve all items listed on the Consent Calendar 8.4, 8.6, 8.11, 8.12 Moved by Andrea Alarcón, seconded by Laura Bettencourt.

Vote: Motion carried (4-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen.

Absent: Richard J. Loa.

9) NEW BUSINESS

9.1) Presentation of the City’s Homelessness Plan Update.

Director of Neighborhood Services Reyes provided a detailed PowerPoint presentation. Council spoke in suppo rt of the City's Homelessness Plan and other outside organizations that provide resources.

9.2) Discussion and possible direction on the relinquishment of Palmdale Blvd by Caltrans to the City of Palmdale.

City Manager Perez provided an update on the meeting with Caltrans and the relinquishment process.

Mayor Pro Tem Alarcón recommended that the Council authorize Caltrans to move forward with the ADA Ramp and Gap Closure Sidewalk Project and explore the opportunity to advance funding for the second pavement project that is six (6) years out.

Council discussion ensued regarding the legislative process, designation of Palmdale Boulevard, benefits of taking over Palmdale Boulevard, liability and exposure to the City, and ongoing maintenance of Palmdale Boulevard.

City Council/SA/HA - 06/07/2023 - 5pm

6 Council directed staff to bring back a report in 60 to 90 days regarding the proposed use of Palmdale Boulevard.

Authorize City Manager Perez to direct Caltrans to move forward with the ADA Ramp and Gap Closure Project.

10) INFORMATIONAL REPORT FROM MAYOR AND / OR COUNCILMEMBERS ON

THEIR VARIOUS COMMITTEE MEMBERSHIPS AND MEETINGS ATTENDED AT

PUBLIC EXPENSE

10.1) Council Reports on Committee Memberships and Meetings Attended at Public Expense.

All reports were attached for the public to view.

11) CITY COUNCIL ANNOUNCEMENTS AND REQUESTS FOR NEW AGENDA ITEMS

Mayor Pro Tem Alarcón requested the following:

• Add an item to the Joint Palmdale/Lancaster agenda regarding establishing a satellite Community Assistance, Recovery and Empowerment (CARE) Court office in the Antelope Valley.

12) CITY MANAGER’S REPORT

City Manager Perez reported the following: The City will be celebrating Flag Day on Wednesday, June 14 from 12 - 12:30 pm; Juneteenth event will be held at Poncitlan Square on June 19th; Summer Concert series in July, AV Taco Festival, and Yellen Park groundbreaking on Friday, June 8.

13) PRESENTATION BY CITY ATTORNEY

Interim City Attorney Curley announced items were properly agendized. He spoke in support of City Manager Perez.

13.1) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Gerald Lynn Dolen and Roberta Dora Dolen v. City of Palmdale et al. Los Angeles County Superior Court Case No. 21AVCV00377
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).

13.2) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Edman Discua v. City of Palmdale, et al.

Los Angeles Superior Court
Case No. 21STCV45406
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).

14) ANNOUNCEMENT BY CITY ATTORNEY

Interim City Attorney Curley reported the Council was updated and there were no City Council/SA/HA - 06/07/2023 - 5pm

7 reportable actions.

15) ADJOURNMENT

Mayor Bettencourt adjourned the meeting at 8:30 p.m., in honor of Kamal Al-Khatib a great community mentor and faith leader , to June 21, 2023, at 5:00 p.m. in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.

PASSED, APPROVED, and ADOPTED this 16th day of August 2023.

Laura Bettencourt, Mayor

ATTEST:

Rochelle Scott, Acting City Clerk

City Council/SA/HA/IDA/PAA/PCA/PFA – 06/21/2023 – 5pm

1 MINUTES

CITY COUNCIL/SA/HA/IDA/PAA/PCA/PFA

CITY HALL COUNCIL CHAMBER
38300 SIERRA HIGHWAY, SUITE B

PALMDALE, CALIFORNIA
JUNE 21, 2023

www.cityofpalmdale.org

1) CALL MEETING TO ORDER
Mayor Bettencourt called the meeting to order at 5:00 p.m.

*Note: All City Council memberships are reflected in their City Council titles.

2) ROLL CALL MAYOR BETTENCOURT, MAYOR PRO TEM ALARCÓN,

COUNCILMEMBERS BISHOP, LOA, OHLSEN, COMMISSIONERS FRAGA-

SAENZ, DENNY
PRESENT: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa, Christina Fraga-Saenz, Phil Denny.

ABSENT: None.

3) PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE

4) PRESENTATIONS

4.1) Councilmember Bishop presented a Commendation recognizing Fiona Currie,12-year-old, for graduating from Los Angeles City College with a 4.0 GPA and an associate degree in studio arts.

4.2) Councilmember Ohlsen presented a Certificate of Recognition to Robert “Bobby” Breech, Atherine Blanco, and the Antelope Valley Cemetery District for their service to the veteran community.

5) WAIVER OF FULL READING OF RESOLUTION(S) and ORDINANCE(S)

Motion: Move to waive full reading of the Resolution (s) and/or Ordinance(s) to be considered and voted on at this meeting.

Moved by Andrea Alarcón, seconded by Richard J. Loa.

Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.

City Council/SA/HA/IDA/PAA/PCA/PFA – 06/21/2023 – 5pm

2 6) PUBLIC COMMENT RULES:

(California Government Code Section 54954.3).
(a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2 [section omitted].

(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of the subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.
(2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non -English speakers receive the same opportunity to directly address the legislative body of a local agency.”

In furtherance of Section 54954.3 of the Brown Act, the public is allotted to speak a total of three (3) minutes on the entirety of the Consent Calendar, Appointment(s), New Business and Closed Session, with two (2) minutes on each Public Hearing, and, if desired, an additional two (2) minutes on items not on the agenda that are within the subject matter jurisdiction of the City Council. As specified in the Brown Act, a speaker utilizing a translator will receive twice the amount of time specified.

7) PUBLIC COMMENTS:

The following individuals provided public comments: Jorge Ventura spoke regarding the Taco Festival; Eugene Hernandez commented regarding the unhoused ; and Jason Zink spoke on Items 8.3, 8.4 and 8.5.

A motion was made and carried unanimously to close the Public Comments.

8) CONSENT CALENDAR

8 . 1 ) Adopt Resolution No. CC 2023-042, a Resolution of the City Council of the City of Palmdale establishing an appropriations limit for Fiscal Year 2023-24 pursuant to Article XIII B of the California Constitution and repeal Resolution No. CC 2022-067.

8 . 2 ) Approve purchase order 20240000 with Amazon C apital Services, Inc. dba Amazon Business in an amount not to exceed $205,000.00 for FY 2023-24.

City Council/SA/HA/IDA/PAA/PCA/PFA – 06/21/2023 – 5pm

3 8 . 3 ) Adopt Resolution No. CC 2023-044, a Resolution of the City Council of the City of Palmdale Amending the City’s Classification and Pay Plan for General Positions; Adopt Resolution No. CC 2023-045, a Resolution of the City Council of the City of Palmdale Ame nding the City’s Classification and Pay Plan for Bargaining Unit Positions; and Adopt Resolution No. CC 2023-046, a Resolution of the City Council of the City of Palmdale Amending the City’s Classification and Pay Plan for Parks and Recreation Unbenefited Positions.

8 . 4 ) Approve Second Amendment to Legal Services Agreement with Harper & Burns, LLP (A -8232) to increase the total amount of the Agreement by an additional $400,000 not to exceed the sum of $720,000.

Mayor Pro Tem Alarcón pulled Item 8.4 for discussion and made remarks on Items 8.3 and 8.5. City Manager Perez provided a detailed overview of Item

8.4. Discussion ensued regarding the cost and term of the contract and number of consulting legal contracts. Interim City Attorney Curley provided clarificat ion on the streamlining of billings for consulting attorneys and firms.

Motion: Approve Second Amendment to Legal Services Agreement with Harper & Burns, LLP
Moved by Laura Bettencourt, seconded by Austin Bishop.

Vote: Motion carried (4-1)
Yes: Laura Bettencourt, Austin Bishop, Eric Ohlsen, Richard J. Loa. No:

Andrea Alarcón.

8 . 5 ) Approve authorizing City Manager to bind insurance coverages related to the agreement between VINSA, Inc. and City of Palmdale (A -7994) in an amount not to exceed $2,750,000.

Motion: Approve all items listed on the Consent Calendar with the exception of 8.4.

Moved by Richard J. Loa, seconded by Eric Ohlsen.

Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.

9) PUBLIC HEARING

9.1) Adopt Resolution No. CC 2023-043, a Resolution of the City Council of the City of Palmdale restating in its entirety the City of Palmdale Master Schedule of Fees and repealing all prior enactments inconsistent with this Resolution.

Director of Finance Samson presented the staff report.

The following individuals provided public comments: Jason Zink and Xavier Flores spoke regarding waiving fees for Palmdale residents.

A motion was made and carried unanimously to close the Public Comments.

City Council/SA/HA/IDA/PAA/PCA/PFA – 06/21/2023 – 5pm

4 Mayor Pro Tem Alarcón spoke regarding support of residents and access to public facilities, special events, and parks. She provided three (3) suggestions:
1) Create equity in the deposit structure so that the security deposit is the same for all parks; 2) Do not increase the fees for youth sports; and 3) Do not implement the special event fees for the Jolly Holiday activity wristband, Springfest activity wristband, and the Bingo Card fee.

Recreation Manager Altobelli and Management Analy st I Kelley provided information to Council regarding the park fees and youth scholarships.

Discussion ensued regarding disseminating scholarship information to schools and organizations, increased costs, use of American Rescue Plan Act (ARPA) funds, waiver or reduction of the general admission fee for the fireworks show, and the use of Measure AV funds for community events.

Motion: Adopt Resolution No. CC 2023-043 as proposed with the exception of the park security deposit fees ensuring that they are appl ied equitably to all parks throughout the City; eliminate the increase in youth sports; eliminate wristband fee for Springfest and Jolly Holiday, and the Bingo Card fee; and consideration of an admission fee reduction for the 4th of July event in 2024.

Moved by Andrea Alarcón, seconded by Austin Bishop.

Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.

10) JOINT PUBLIC HEARING CC/SA/HA/IDA/PAA/PCA/PFA

10.1) Adopt Joint Resolution of the City Council of the City of Palmdale (No. CC 2023-041), the Successor Agency to the Community Redevelopment Agency of the City of Palmdale (No. SA 2023 -003), the Palmdale Civic Authority (No.

PCA 2023-001), the Housing Authority of the City of Palmdale (No. HA 2023- 003), the Industrial Development Authority (No. IDA 2023 -001), the Palmdale Airport Authority of the City of Palmdale (No. PAA 2023-001), and the Palmdale Financing Authority (No. PFA 2023-001) approving and a dopting the City of Palmdale's Annual Budget for Fiscal Year 2023-24, and approving revenue and expenditure adjustments to Fiscal Year 2022-23.

City Manager Perez presented a video of the City's accomplishments and made remarks regarding the City's budget.

Director of Finance Samson provided a detailed PowerPoint presentation of the budget.

Council directed City Manager Perez to address the CARPing (Cadre of Administrative Reserve Personnel program) issue in the upcoming Sheriff's Department contract.

There was Council discussion regarding the Sheriff's Department being understaffed and the CARPing system.

City Council/SA/HA/IDA/PAA/PCA/PFA – 06/21/2023 – 5pm

5 Mayor Bettencourt recused herself from the discussion.

Discussion continued regarding deputy fatigue, community safety, minimum standard of servicin g noted in the contract, disputing CARPing, and use of Code Enforcement staff for non-emergent items.

Acting Captain Rhea provided clarification on the CARPing system. Mayor Bettencourt rejoined the meeting.

Director of Finance Samson continued with the budget PowerPoint presentation.

Council discussion continued regarding the American Rescue Plan Act (ARPA) funds, disadvantaged and disproportionately impacted communities, and Capital Improvement Projects.

Mayor Bettencourt recessed the meeting from 7:46 pm - 8:03 pm.

The following individuals commented regarding the City's budget: Jason Zink, Marcos Alvarez, Felix Menendez, Arturo Perez, Xavier Flores, Lilia Galindo, Laurel Forrest, Eduardo Medina, Marisela Gomez, Stephanie Mavol, Azuceno Preciado, Allan Morales, Ismael Galvan, Shannon Wainwright, Vincent Allen, Ruth Sanchez, Diana Morales, Jasmine Graham, Jose Madera, Eugene Hernandez, and Steve Hill.

A motion was made and carried unanimously to close the Public Comments.

Councilmember Loa thanked the community for their comments on the budget and spoke regarding providing equal service across the City.

Mayor Pro Tem Alarcón spoke regarding community voices, community service providers, thanked staff, and proposed revisions to the Community Programs component of the Measure AV budget.

There was further Council discussion regarding the allocation of Measure AV funds, the grant process, and hiring of an Independent Consultant to manage the process.

Motion: Adopt Joint Resolution Nos. CC 2023-041, SA 2023-003, PCA 2023-001, HA 2023- 003, IDA 2023-001, PAA 2023-001, PFA 2023-001.

Moved by Richard J. Loa, seconded by Laura Bettencourt.

Vote: Motion carried (6-1)
Yes: Laura Bettencourt, Austin Bishop, Eric Ohlsen, Richard J. Loa, Christina Fraga- Saenz, Phil Denny.

No: Andrea Alarcón.

Mayor Bettencourt called for a break at 9:09 pm - 9:17 pm.

Mayor Bettencourt adjourned the Housing Authority meeting at 9:18 pm.

City Council/SA/HA/IDA/PAA/PCA/PFA – 06/21/2023 – 5pm

6 11) APPOINTMENT

11.1) City Council Nomination and Appointment of one (1) Member to the Board of Library Trustees.

Motion: Appoint Challen David
Moved by Austin Bishop, seconded by Richard J. Loa.

Vote: Motion carried (5-0)
Yes: Laura Bettencourt, Andrea Alarcón, Austin Bishop, Eric Ohlsen, Richard J. Loa.

Challen David provided her background and experience.

12) NEW BUSINESS

12.1) Discussion, direction and possible action on future public safety initiatives.

This item was addressed during the budget discussion.

13) CITY COUNCIL ANNOUNCEMENTS AND REQUESTS FOR NEW AGENDA ITEMS

Councilmember Bishop requested that staff go back to the Measure AV board and fund community groups through an equitable distribution of a to be determined dollar amount with a Professional Grant Administrator in place.

Discussion ensued regarding the allocation of Measure AV funds, other fund sources, and a professional Administrator for Measure AV grant funds.

14) CITY MANAGER’S REPORT

City Manager Perez reported on the following items: Flag Day event; Yellen Park groundbreaking; Juneteenth event; Summer Concerts and Family Movie Nights; Cine Gear Expo at Paramount Studios; and grand opening of the eastside Chick -fil- A and Trader Joe warehouse.

15) NON-AGENDA PUBLIC COMMENTS

The following individuals provided public input regarding Council and Committee Member conduct: Rich Gallego, Yul Gevargis, and Abraham Salcedo.

The following individuals provided input regarding the Measure AV budget: Abraham Salcedo, Marcos Al varez, Mario Presents, Jason Zink, Ruth Sanchez, Stephanie Mayol, and Xavier Flores.

The following individuals provided public input: Laurel Forrest commented regarding ADA compliance; and Eugene Hernandez spoke regarding freedom of speech.

Mayor Bettencourt directed staff to record Measure AV meetings.

City Council/SA/HA/IDA/PAA/PCA/PFA – 06/21/2023 – 5pm

7 Mayor Pro Tem Alarcón spoke in support of non-profits.

16) PRESENTATION BY CITY ATTORNEY

Interim City Attorney Curley confirmed items were properly agendized.

16.1) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Shanae Smith, Patricia Nevarez and Michael "Mike" Behen vs. City of Palmdale, et al.

Los Angeles County Superior Court
Case No. 22STCV18219
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).

16.2) CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Maithi Ricci v. City of Palmdale, et al.Los Angeles County Superior Court Case No. 22STCV01269
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).

16.3) CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Ricky Thorstensen v. City of Palmdale, et al.Los Angeles County Superior Court Case No. 22STCV29463
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).

16.4) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Kenya Torres vs. City of Palmdale, et al.

Los Angeles County Superior Court
Case No. 22STCV37041
This closed session is being held pursuant to the authority of California Government Code Section 54956.9(d)(1).

16.5) PUBLIC EMPLOYMENT

Title: City Attorney

17) ANNOUNCEMENT BY CITY ATTORNEY

Attorney Halfman, Harper & Burns, LLP, announced Council was updated on Closed Session matters and there was no reportable action.

City Council/SA/HA/IDA/PAA/PCA/PFA – 06/21/2023 – 5pm

8 18) ADJOURNMENT

Mayor Bettencourt adjourned the meeting at 10:56 p.m. to July 12, 2023 at 5:00 p.m. in the City Hall Council Chamber located at 38300 Sierra Highway, Suite B, Palmdale, California.

PASSED, APPROVED, and ADOPTED this 16th day of August, 2023.

Laura Bettencourt, Mayor

ATTEST:

Rochelle Scott, Acting City Clerk
City Council Staff Report
DATE: AUGUST 16, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY MANAGER’S OFFICE – FINANCE DIVISION
DISTRICT: ALL
SUBJECT: APPROVE SECOND AMENDMENT TO AGREEMENT WITH NBS

GOVERNMENT FINANCE GROUP TO INCREASE THE TOTAL
AMOUNT OF THE AGREEMENT BY $75,250 FOR A NOT TO
EXCEED AMOUNT OF $1,001,380 FOR THE REMAINDER OF THE
TERM THROUGH 2024.

ISSUE
Approve Second Amendment to agreement with NBS Government Finance Group (A - 7611) to increase the total amount of the Agreement by $75,250 for a not to exceed amount of $1,001,380 for the remainder of the term through 2024.

RECOMMENDATION
Staff recommends that the City Council:

1. Approve Second Amendment to agreement with NBS Government Finance Group (A-7611) to increase the total amount of the Agreement by $75,250 for a not to exceed amount of $1,001,380 for the remainder of the term through 2024.

2. Authorize the City Manager or h er designee to execute the agreement s, including making minor and non-substantive changes.

BACKGROUND
NBS assists the City with managing and reporting on behalf of its Special Financing Districts. The City’s Special Financing Districts include one Assessment District and nine Community Facilities Districts that require continuous management and reporting.

Services could include (but are not limited to) notice of special tax disclosures, debt disclosures, delinquency monitoring, reminder and demand letters, data collection, policy review, cost recovery, cash flow analysis, fund analysis, levy submittal, tax roll removal and notice, foreclosure proceedings, resubmission of rejects, maintaining parcel change data, annual reports, prepayment and recalculation of amortization schedules, bond calls, bond tenders, release of liens, notice of special assessment, California Debt and Investment Advisory Commission reporting, and county assessor reporting.

In addition to the administration services for Assessment District and Community Facilities Districts, NBS provides the continuing disclosure services , required by Federal regulations for debts issued by the City of Palmdale and Successor Agency of the City of Palmdale.

Report to Mayor and City Council
Re: Approve Second Amendment to Agreement A-7611 with NBS Government Finance Group
August 16, 2023

DISCUSSION
In 2022 the City formed three new Community Facility Districts: 2022-1 Citywide Maintenance and Services, 2022-2 Ritter Ranch Maintenance Services, and 2022-3 Ritter Ranch Phase I Public Facilities. The scope of the agreement with NBS has been amended to include services for these additional districts.

FISCAL IMPACT
$75,250; the fiscal impact for FY 2023-24 is $75,250 and is budgeted and available in respective Assessment District and Community Facility District budgets.

STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.

B. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health.

C. Involve and expand engagement to enhance public oversight and transparency.

Prepared by: Janelle Samson, Director of Finance
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, Interim City Attorney

ATTACHMENTS

1. 2nd Amendment to Agreement A-7611 NBS Government Finance Group 2ND AMENDMENT TO AGREEMENT A-7611

BETWEEN THE CITY OF PALMDALE AND NBS GOVERNMENT FINANCE GROUP

This 2ND Amendment to Agreement No. A-7611 (“Agreement”) is made and entered into by and between the City of Palmdale (hereinafter called “CITY”) and NBS GOVERNMENT FINANCE GROUP (hereinafter called "CONSULTANT"). This Contract shall become effective on the date of the last signatory.

A. Intent of the Parties

1. On 07-01-2021 ("Original Agreement") the CITY and CONSULTANT entered into an agreement to provide:
a. Assessment District Administration and Community Facilities Districts Administration, perform Fiscal Impact Analysis and Report Services for Ritter Ranch, Solid Waste Fee Mailing of Notices, Solid Waste Fee Tax Roll Billing Services.
b. The parties desire to amend the Original Agreement to include additional tasks into the scope of services, provide specific authority to the Parties and to define the tasks with greater detail.

1. To include additional tasks into the scope of services, provide specific authority to the parties and to define the tasks with greater detail.

2. except for the revisions set forth in Section B hereunder, all terms and conditions shall remain unchanged and fully enforceable as to Agreements A-7611, as amended.

CFD BONDED
B. revisions to Agreement A-7611 as amended ,
a. DATA COLLECTION:

Consultant will gather and review data pertinent to the administration of the Community Facilities District. Data will be obtained from various sources such as Assessor’s parcel maps, building permits and County Assessor information as determined to be necessary based on the requirements of the Rate and Method of Apportionment. Consultant will maintain and periodically update a database of all parcels within the district along with relevant parcel information. b. ADMINISTRATIVE COST RECOVERY:

Consultant will identify all costs associated with the administration of the Community Facilities District and recover those costs through the levy process as outlined in §53317(e) and §53340 of the Government Code of the State of California. Such costs may include, but are not to be limited to: Bank fees, legal fees, county tax collection fees, and all costs and expenses of the City Council, and its consultants related to district administration.
c. CASH FLOW ANALYSIS:

Consultant will determine the cash flow requirement, acquire current fund balances 1-13Concord - Document ID: MDQwNjA1NzItZW
and make recommendations to keep the flow of funds and fund balances in compliance with the bond documents. Fund transfers might include the transfer of available surplus funds to be used as levy credits or the transfer of reserve funds to the redemption fund upon the prepayment of special taxes. Cash flow analysis will also be performed to determine any levy shortfall or surplus collections. d. SPECIAL TAX REQUIREMENT:

Consultant will calculate the annual Special Tax Requirement that will include all necessary components as outlined in the Rate and Method of Apportionment, such as principal and interest due, administrative expenses, collection for direct financing of services or facilities, and a fund credit or replenishment as determined from analysis of the district funds.
e. LEVY CALCULATION:

Consultant will calculate the annual special tax levy for each parcel within the Community Facilities District following the guidelines established in the Rate and Method of Apportionment.
f. MEETING ATTENDANCE:

Consultant will attend up to two (2) City Council meetings related to district administration, as requested by the City. Consultant will attend additional meetings as requested by the City subject to additional expenses for time and travel. g. LEVY SUBMITTAL:

Consultant will submit the levy to the County Auditor-Controller in the required format.

Special Taxes rejected by the County Auditor-Controller will be researched and resubmitted for collection on the County Tax Roll. Any parcels that are not submitted by the County for collection will be invoiced with payment to be directed to the City. h. MAINTAIN DISTRICT DATA:

Consultant will annually track all parcel changes to ensure that all changes are documented. Historical parcel change data will be maintained by Consultant. i. SPECIAL TAX LEVY REPORT:

Consultant will provide an annual Special Tax Levy Report. This report will include a parcel listing with levy amounts and other parcel information, the details of the annual Special Tax Requirement, current delinquency information, fund analysis, administrative expenses to be recovered, and status of the project and current issues affecting the district.
j. DELINQUENCY MONITORING:

Consultant will provide a comprehensive list of delinquencies after each installment becomes due. The delinquency report will provide the district’s overall delinquency percentage as well as a detailed list of each delinquent parcel, with the name and address of the delinquent parcel owner, the delinquent amount, and penalties. k. PREPAYMENT CALCULATIONS:

Consultant will provide special tax prepayment calculations to interested parties. The party requesting the calculation shall pay the fee of any prepayment calculation. 2-13Concord - Document ID: MDQwNjA1NzItZW
l. BOND CALLS:

Consultant will prepare the spread of principal to be called within maturities for all bond calls and coordinate the call with the Paying Agent/Trustee. m. RELEASE OF LIENS:

Consultant will prepare all documents required to release the liens of parcels that have prepaid the special tax.
n. CDIAC REPORTING:

Consultant will perform all necessary reporting to the California Debt and Investment Advisory Commission as required by §53359.5(b) and §53359.5(c) of the Government Code of the State of California.
o. ADDITIONAL REPORTING:

Consultant will be a resource to the City by staying current and identifying any new legislation and reporting requirements as they relate to the CFD.

1.For each of the following reporting requirements, Consultant will review all pertinent documents and obtain the information needed to:
a. Prepare the required reporting to the California State Controller’s Office California Government Code, Section 12463.2, enacted as part of AB 2109. Provide to City staff for inclusion in the annual financial transaction report. b. Assist in the filing of the SB 165 report to the [City Council (CITY)/Board of Directors (SPECIAL DIS)/Board of Supervisors (COUNTY)] each year to comply with legislation that enforces additional reporting requirements. California Government Code, Sections 50075.3 or 53411.
c. Prepare other reports as required by any State and/or Federal disclosure reporting requirements pertaining to each CFD, as applicable, amended, or newly enacted and required. This may be subject to additional fee.
p. NOTICE OF SPECIAL TAX DISCLOSURE:

Consultant will provide Notice of Special Tax Disclosure notices to requesting parties as required by §53340.2 and §53341.5 of the Government Code of the State of California. The fee of any Notice of Special Tax shall be billed to the requesting party. q. CONSULTING SUPPORT:

Consultant will provide a toll-free phone number for use by the City, other interested parties and property owners. Consultants staff will be available to answer questions regarding the CFD and ongoing collection of the special tax. Bilingual staff is available for Spanish-speaking property owners.

2. Community Facilities District Administration (Non-Bonded) a. DATA COLLECTION:

Consultant will gather and review data pertinent to the administration of the 3-13Concord - Document ID: MDQwNjA1NzItZW
Community Facilities District (CFD). Data will be obtained from various sources such as assessor’s parcel maps, building permits and county assessor information as determined to be necessary based on the requirements of the Rate and Method of Apportionment. Consultant will maintain and periodically update a database of all parcels within the CFD and relevant parcel information. b. ADMINISTRATIVE COST RECOVERY
Consultant will assist the City in identifying all costs associated with the administration of the CFD and recover those costs through the levy process as outlined in §53317(e) and §53340 of the Government Code of the State of California.

Such costs may include, but are not to be limited to: bank fees, legal fees, county tax collection fees, and costs and expenses of the City and its consultants related to administration of the CFD.
c. SPECIAL TAX REQUIREMENT:

Consultant will calculate the annual Special Tax Requirement that will include all necessary components as outlined in the Rate and Method of Apportionment, such as funds necessary for authorized services and maintenance, administrative expenses, collection costs for direct financing of services or facilities, and credits as determined from the analysis of the CFD funds.
d. LEVY CALCULATION:

Consultant will calculate the annual special tax levy for each parcel within the CFD following the guidelines established in the Rate and Method of Apportionment. e. MEETING ATTENDANCE:

Consultant will attend CFD-related City Council meetings as requested by the City. f. LEVY SUBMITTAL:

Consultant will submit the levy to the County Auditor-Controller in the required format by the County’s deadline. Special Taxes rejected by the County Auditor-Controller will be researched and resubmitted for collection on the County Tax Roll. Any parcels that are not accepted by the County for collection will be invoiced directly to the parcel owner, with payment to be directed to the City.
g. SPECIAL TAX LEVY REPORT:

Consultant will provide an annual Special Tax Levy Report. This report will include a parcel listing with levy amounts and other parcel information, the details of the annual Special Tax Requirement, fund analysis, administrative expenses to be recovered, and status of the project and current issues affecting the CFD. h. ADDITIONAL REPORTING:

Consultant will be a resource to the City by staying current and identifying any new legislation and reporting requirements as they relate to the CFD.

1. For each of the following reporting requirements, Consultant will review all pertinent documents and obtain the information needed to:
a. Prepare the required reporting to the California State Controller’s Office California Government Code, Section 12463.2, enacted as part of AB 2109. Provide to City staff for inclusion in the annual financial transaction report. 4-13Concord - Document ID: MDQwNjA1NzItZW
b. Assist in the filing of the SB 165 report to the City each year to comply with legislation that enforces additional reporting requirements. California Government Code, Sections 50075.3 or 53411.
c. Prepare other reports as required by any State and/or Federal disclosure reporting requirements pertaining to each CFD, as applicable, amended, or newly enacted and required. This may be subject to additional fee.
i. NOTICE OF SPECIAL TAX DISCLOSURE:

Consultant will provide Notice of Special Tax Disclosure notices to requesting parties as required by §53340.2 and §53341.5 of the Government Code of the State of California. The fee of any Notice of Special Tax shall be billed to the party requesting the disclosure form.
j. CONSULTING SUPPORT:

Consultant will provide a toll-free phone number for use by the City, other interested parties and property owners. Consultant's staff will be available to answer questions regarding the CFD and ongoing collection of the special tax. Bilingual staff is available for Spanish-speaking property owners.

3. Continuing Disclosure
a. In accordance with the Continuing Disclosure Certificate of the Bonds, Consultant will support with the annual disclosure filing requirements of the SEC Continuing Disclosure Rule 15c2-12. Specifically, Consultant will perform the following:
b. DOCUMENT REVIEW:

Consultant will review pertinent documents of the Bonds, including the Official Statement and Continuing Disclosure Certificate. Consultant will identify material such as the Comprehensive Annual Financial Report and/or other operating data that the City has agreed to provide in the Continuing Disclosure Certificate. c. DATA COLLECTION:

Consultant will collect the bond issue-specific financial information and operating data that the City has agreed to provide in the Continuing Disclosure Certificate. d. REPORT PREPARATION
Consultant will prepare the Annual Disclosure Report as required in the Disclosure Certificate.
e. ANNUAL DISSEMINATION
Consultant will disseminate the Annual Disclosure Report including City Financials to the Electronic Municipal Market Access system, or EMMA, to other required parties. f. SIGNIFICANT EVENTS
Consultant will prepare and disseminate a “Notice of Significant Events”, as listed on the Continuing Disclosure Certificate, to EMMA, as required in the certificate. Action will commence upon notification by the City of the occurrence of any of the events. g. CITY’S RESPONSIBILITIES FOR CONTINUING DISCLOSURE:

1. The City shall:
5-13Concord - Document ID: MDQwNjA1NzItZW
a. Furnish Consultant with any pertinent information that is available to the City and applicable to the services.
b. Designate a person to act with authority on its behalf in respect to the services. c. Notify Consultant of the occurrence of any events listed in the Continuing Disclosure Certificate.
d. Promptly respond to Consultant’s requests for reviews and approvals of its work, and to its requests for decisions related to the services. e. Understand and agree that the Consultant is entitled to rely on all information, data and documents (collectively, “Information”) supplied to Consultant by the City or any of its agents, contractors or proxies or obtained by Consultant from other usual and customary sources including other government sources or proxies as being accurate and correct and Consultant will have no obligation to confirm that such Information is correct and that Consultant will have no liability to City or any third party if such Information is not correct.

4. Arbitrage Rebate
a. To assist in compliance with the IRS Code and U.S. Treasury Regulations, Consultant will provide the following services, at the fees quoted, through the firm of Bond Logistix, LLC ("BLX"), the premier firm for the provision of these services. The following outlines the specific services provided relating to arbitrage rebate calculation and consulting services.
b. DOCUMENT REVIEW:

Pertinent documents of the issue will be reviewed including the Official Statement, Trust Indenture, Tax Certificate, and IRS form 8038-G to determine whether the issue is subject to the rebate requirement and identify what general and/or elective exceptions are available to the issue.
c. DATA COLLECTION:

Collect third-party data and other statistical, financial, and cash flow information required for the reports.
d. BOND YIELD:

Sources and uses of all proceeds will be identified to determine how the rebate requirement applies to each fund. Produce a debt service schedule for the issue and calculate and/or verify the bond yield.
e. EXCESS EARNINGS CALCULATION:

Trust statements and/or City accounting records will be utilized to create a cash flow report for each fund. These reports will be used to identify all investment activity and interest earnings attributable to the funds. Calculate the arbitrage earnings on investment of funds subject to rebate and determine the issuer’s net rebate and/or penalty liability.
f. INVESTMENT YIELD CALCULATION:

The investment yield will be calculated for each fund as a “reality check” to reaffirm the accuracy of the cash flow report. This measure not only ensures the accuracy of the report but also is a useful tool when analyzing investment opportunities. 6-13Concord - Document ID: MDQwNjA1NzItZW
g. SUMMARY REPORT:

A report will be prepared that summarizes the rebate liability of the issue, identifies the methodology employed, computational assumptions, conclusions, and any recommended changes in record keeping and investment policies. Analyze all transactions and explore every legally permissible avenue to minimize the rebate liability. Identify outstanding proceeds subject to the rebate requirement, and identify the instruments and yields of the investment vehicles utilized by each fund. h. FILING REQUIREMENT:

Consultant will coordinate the preparation and filing of the IRS form 8038-T with the payment as required.
h. REVIEW:

Consultant will review the rebate report with City staff and discuss the policies and procedures as they relate to the rebate requirement to ensure compliance with treasury regulations. The review will also be used to determine the necessity of any future calculations.
i. LEGAL COUNSEL:

Engage, upon request and at additional cost, the services of a tax counsel; whereupon, an independent legal opinion shall be rendered. All BLX reports include a legal opinion from Orrick at no additional charge.
j. ARBITRAGE COMPLIANCE
Keep abreast of enforcement actions and changes to the code/regulations that affect arbitrage compliance requirements. Assist, upon request and at additional cost, the City in the event of a rebate calculation audit. Consult, upon request and at additional cost, with respect to the structuring of new bond issues and other matters that will affect any eventual arbitrage liability.
k. City’s Responsibilities for Administration and Arbitrage

1. The City shall furnish Consultant with any pertinent information that is available to City and applicable to the Services. The City shall designate a person to act with authority on its behalf in respect to the Services. The City shall promptly respond to Consultant's requests for reviews and approvals of its work, and to its requests for decisions related to the Services. City understands and agrees that the Consultant is entitled to rely on all information, data and documents (collectively, “Information”) supplied to the Consultant by City or any of its agents, contractors or proxies or obtained by Consultant from other usual and customary sources including other government sources or proxies as being accurate and correct and Consultant will have no obligation to confirm that such Information is correct and that Consultant will have no liability to City or any third party if such Information is not correct.

5. Solid Waste Fee Mailing of Notices
a. NOTICE MAILING PROJECT STARTUP:

Consultant will consult with City staff to understand the Mailing Project timeline for the Solid Waste Fee.
7-13Concord - Document ID: MDQwNjA1NzItZW
b. NOTICE:

Consultant will prepare the required Notice for the Solid Waste Fee and the Notice will be approved by the City’s legal counsel.
c. MAILING LIST:

Consultant will review both the data supplied by the City from the customer database and the most recent County Assessor’s secured roll data to identify parcels that should receive the Notice. The Consultant will create the Notice mailing list. d. NOTICE MAILING:

Consultant will manage the process required to print and mail the Notice to property owners and customers subject to the Solid Waste Fee.
e. CONSULTING SUPPORT:

Consultant will provide consulting support including a toll-free phone number for use by the City, other interested parties, property owners, and customers. The Consultants staff will be available to answer questions regarding the Solid Waste Fee. Bilingual staff is available to assist Spanish-speaking property owners. f. City’s Responsibilities for Solid Waste Fee Mailing of Notices

1. The City shall furnish Consultant with any pertinent information that is available to the City and applicable to the Mailing Project. The City shall designate a person to act with authority on its behalf with respect to the Mailing Project. The City shall promptly respond to requests for review and approval of work prepared by Consultant, and to requests for decisions related to the Mailing Project.

2. City understands and agrees that the Consultant is entitled to rely on all information, data and documents (collectively, “Information”) supplied to Consultant by City or any of its agents, contractors or proxies or obtained by Consultant from other usual and customary sources including other government sources or proxies as being accurate and correct and Consultant will have no obligation to confirm that such Information is correct and that Consultant will have no liability to City or any third party if such Information is not correct.

6. Solid Waste Fee Tax Roll Billing and Calculation
a. KICK-OFF MEETING - MEET WITH CITY STAFF TO DISCUSS:
a. Tax roll billing steps and appropriate timeline
b. Method of application of the Solid Waste Fee and the data required to establish the proper procedure for levying
c. Process for any appeals or disputes
b. DATA COLLECTION:

Gather and review data pertinent to the calculation and billing of the Solid Waste Fee.

Data will be obtained from various sources such as the City’s utility database, Assessor’s parcel maps and County Assessor information as determined to be necessary based on the requirements of the formula.
c. QUALITY CONTROL:
8-13Concord - Document ID: MDQwNjA1NzItZW
Perform cross-reference tests looking at the various data sources, land use codes, and other pertinent information to improve accuracy of application of the charges. d. DATABASE MAINTENANCE:

Maintain and periodically update a database for all parcels and relevant parcel information within the service area.
e. LEVY CALCULATION:

Calculate the annual levy for each applicable parcel within the City following the guidelines established in the formula.
f. LEVY SUBMITTAL:

Submit the levy to the County Auditor Controller in the required electronic format.

Levies rejected by the County Auditor Controller will be researched and resubmitted for collection on the County Tax Roll. Any parcels that are not accepted by the County for collection will be invoiced with payment to be directed to the City. g. REPORTING:

Provide an annual Levy Report. The report will include a parcel listing with levy amounts. Parcel and levy data can be provided electronically if desired. h. CONSULTING SUPPORT:

Consultant will provide a toll-free phone number for use by the City, other interested parties, and all property owners. Our staff will be available to answer questions regarding the Solid Waste Fee. Bilingual staff is available for Spanish-speaking property owners.
i. City’s Responsibilities for Tax Roll Billing Services The City shall furnish Consultant with any pertinent information that is available to City and applicable to the Services. The City shall designate a person to act with authority on its behalf in respect to the Services. The City shall promptly respond to Consultant’s requests for reviews and approvals of its work, and to its requests for decisions related to the Services. City understands and agrees that Consultant is entitled to rely on all information, data and documents (collectively, “Information”) supplied to Consultant by City or any of its agents, contractors or proxies or obtained by Consultant from other usual and customary sources including other government sources or proxies as being accurate and correct and Consultant will have no obligation to confirm that such Information is correct and that Consultant will have no liability to City or any third party if such Information is not correct.

7. This amendment number 2, will increase the overall price of the Agreement by $75,250.00 for a new not to exceed amount of $ 1,001,379.00, inclusive of the payments already made pursuant to Agreement A-7611 as amended, and as set forth on Attachment A here to.

All other terms and conditions of the Original Agreement not amended herein, remain in full force and effect.

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In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.

CITY OF PALMDALE:

NBS GOVERNMENT FINANCE GROUP
:

RONDA PEREZ

CITY MANAGER

MICHAEL RENTNER

PRESIDENT & CEO
ADDRESS FOR NOTICE:

CITY OF PALMDALE
38300 Sierra Highway, Suite D
Palmdale, CA 93550

ADDRESS FOR NOTICE:

NBS GOVERNMENT FINANCE GROUP
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
APPROVE AS TO FORM:

William P. Curley, III
Interim City Attorney

ATTEST:

Roxanne Faber
Acting City Clerk

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ATTACHMENT A
A-7611 Second Amendment

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---------------------------------------- INTERNAL USE ONLY ----------------------------------------

■Certificate(s) and Endorsement(s) attached
■Confirmed business name on contract with certificate(s) ■Original contract and previous amendment(s) (if any) are attached ■Attached Agreement Checklist and met all requirements
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Record of Signing
Signed with www.concordnow.com
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Signed on 2023-07-28 16:16:02 GMT
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Signing date: 7/28/2023
IP Address: 206.171.111.149
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Signed on 2023-07-31 14:23:02 GMT
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DocumentID: MDQwNjA1NzItZW
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For
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Signed on 2023-07-31 16:52:16 GMT
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DocumentID: MDQwNjA1NzItZW
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IP Address: 107.131.11.226
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City Council Staff Report
DATE: AUGUST 16, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY’S OFFICE
DISTRICT: ALL
SUBJECT: APPROVE SECOND AMENDMENT TO LEGAL SERVICES

AGREEMENT WITH BRADLEY, GMELICH & WELLERSTEIN , LLP

TO INCREASE THE TOTAL AMOUNT OF THE AGREEMENT BY AN
ADDITIONAL $240,000 NOT TO EXCEED THE SUM OF $990,000
ISSUE
Approve Second Amendment to Legal Services Agreement with Bradley, Gmelich & Wellerstein, LLP to increase the total amount of the Agreement by an additional $240,000 not to exceed the sum of $990,000.

RECOMMENDATION
Staff recommends that the City Council:

1. Approve the Second Amendment to Legal Services Agreement with Bradley, Gmelich & Wellerstein, LLP to increase the total amount of the Agreement by an additional $240,000 not to exceed the sum of $990,000; and

2. Authorize the City Manager or her designee to execute the Second Amendment with Bradley, Gmelich & Wellerstein, LLP substantially in the same form as presented to the City Council.

BACKGROUND
Bradley, Gmelich & Wellerstein, LLP has competently provided legal services to the City of Palmdale for more than a decade. The City Attorney's Office would like to continue to use their services for various legal matters.

DISCUSSION
Bradley, Gmelich & Wellerstein, LLP would continue to provide legal services pertaining to personal injury, property damage and employment law defense. This work would also include cross claims, counter claims, summary judgments and all manner of motions, discovery proceedings, trials, and post -trial and app ellate work. In addition, the firm would provide general advisory services related to such claims and lawsuits and the prevention of future claims and lawsuits. The Second Amendment to the Legal Services Agreement will increase the not-to-exceed agreement amount by an additional $240,000 Report to Mayor and City Council
Re: Second Amendment to Legal Services Agreement with Bradley, Gmelich & Wellerstein, LLP
August 16, 2023

to $990,000. Staff proposes that the City Council authorize the City Manager to execute the Amendment and allow Bradley, Gmelich & Wellerstein, LLP to continue to provide legal services for the remainder of the term through February 2025.

FISCAL IMPACT
The Second Amendment to the Legal Services Agreement will increase the not-to-exceed agreement amount by $240,000. However, this amount is not guaranteed. Fees will only be paid to the extent services are provided. Funds for this agreement are currently budgeted in the City Attorney’s Office budget accounts: 15014101-721150 / 15014101- 721151 / 10114001-721100.

STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.

A. Manage resources, costs, and liabilities to ensure the City’s long-term fiscal health.

Prepared by: Angie Barajas, Legal & Risk Coordinator
Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, Interim City Attorney

ATTACHMENTS
Second Amendment with Bradley, Gmelich & Wellerstein, LLP First Amendment with Bradley, Gmelich & Wellerstein, LLP Agreement with Bradley, Gmelich & Wellerstein, LLP (A-7819) SECOND AMENDMENT TO AGREEMENT A-7819

BETWEEN THE CITY OF PALMDALE AND BRADLEY, GMELICH &

WELLERSTEIN, LLP
This Second Amendment to Agreement No. A-7819 (“Agreement”) is made and entered into by and between the City of Palmdale (hereinafter called “CITY”) and Bradley, Gmelich & Wellerstein, LLP (hereinafter called "FIRM"). This Contract shall become effective on the date of the last signatory.

WHEREAS, CITY and FIRM entered into an Agreement on February 16, 2022 for legal services pursuant to California Business and Professions Code Section 6148;

WHEREAS, CITY and FIRM entered into an Amendment One to the Agreement for Legal Services on November 16, 2022 to increase the contract amount to $750,000; and
WHEREAS, CITY and FIRM desire to amend the contract amount of the Agreement to provide for additional services.

NOW THEREFORE, in consideration of the foregoing, the parties agree as follows:

1. The compensation identified in Section 4(e) shall be amended to increase the total amount of the Agreement by an additional Two-Hundred and Forty Thousand Dollars ($240,000) not to exceed the sum of Nine-Hundred and Ninety Thousand Dollars ($990,000).

2. All other terms and conditions remain the same.

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In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.

CITY OF PALMDALE

BRADLEY, GMELICH &

WELLERSTEIN, LLP

Ronda Perez Date
City Manager

Barry Bradley, Esq. Date
Managing Partner
ADDRESS FOR NOTICE:

CITY OF PALMDALE
38300 Sierra Hwy
Palmdale, CA 93550

ADDRESS FOR NOTICE:

BRADLEY, GMELICH &

WELLERSTEIN, LLP
700 N. Brand Blvd., 10th Floor
Glendale, CA 91203
APPROVE AS TO FORM:

William P. Curley
Interim City Attorney

ATTEST:

Roxanne Faber
Acting City Clerk

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City Council Staff Report
DATE: AUGUST 16, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
DISTRICT: ALL
SUBJECT: APPROVE SERVICE AGREEMENT FOR A DIGITAL DIVIDE STUDY WITH NUTTER CONSULTING IN THE AMOUNT OF $140,000 FOR A
TERM OF SIX (6) MONTHS
ISSUE
Approve service agreement for a digital divide study with Nutter Consulting in the amount of $140,000 for a term of six (6) months.

RECOMMENDATION
Staff recommends that the City Council:

1. Approve Agreement No. A-8413 with Nutter Consulting for service agreement in the amount of $140,000.

2. Authorize the City Manager or her designee to execute Agreement No. A-8413, with Nutter Consulting, including non-substantive changes.

BACKGROUND
The City of Palmdale applied for the California Public Utilities Commission’s (CPUC) Local Agency Technical Assistance (LATA) Grant in October 2022. The CPUC awarded the City of Palmdale a total of $325,000 to perform a Digital Equity Study along with subsequent programs based on its recommendations. The grant estimated that the study could cost up to $150,000. The City of Palmdale accepted the LATA grant on February 15, 2023.

DISCUSSION
The Digital Equity Study is intended to survey the community on how connected residents are to the internet. The plan will determine what might impede people from accessing the internet and how best to help them. Accessibility is important, and lack of it can be for a variety of reasons, such as education, training, lack of proper equipment and affordability. The study will pinpoint the root causes for the lack of access, so that we may be able to better serve our community and provide programs that are of true value to our residents. The study will inclu de a robust community outreach approach such as workshops, surveys, and quality engagements with the residents of the City.

Report to Mayor and City Council
Re: Approval of Agreement A-8413
August 16, 2023

The deliverable from this study will include a final report, summary of data and an interactive and user-friendly dashboard.

A Request for Proposal was re-released publicly on Planet Bids in April and was sent to a substantial list of vendors. Staff received four (4) qualification and cost proposal packages. An evaluation committee reviewed each proposal, and the most qualified consultant was chosen based upon the following criteria:

Criteria Maximum Score
Proof of Successful Past Performance and Experience:
 Demonstrated present and past work record performance of Digital Equity Study.
 Reference Responses (Comments from references regarding Respondent’s responsiveness to customer requirements, compliance with the contract terms, conditions, and products and work quality). 30 Points Maximum
Proposer’s ability to perform general and specific experience in providing the required services, and the qualifications and abilities of personnel proposed to be assigned to perform the services. Project timeline and associated milestones are fair and reasonable.
 Key Personnel Resumes – experience of key staff on comparable projects, or in performing comparable services
15 Points Maximum
Cost Proposal. Mathematically calculated based upon the reasonableness of the cost or price proposed for services. Competitiveness of the price with the other proposals received and least amount of risk. Completeness and adequacy of data in support of the figures quoted, and the basis on which prices are quoted.
15 Points Maximum
Technical, Plan, & Scheduled Approach.
 Demonstrate the company’s ability to deliver the requirements of this RFP. The overall quality of the proposed plan for performing the required services and the demonstration of a clear understanding of the project.
 Quality of RFP response is based on the overall quality and presentation of the proposer’s response documents. Responses that are complete, organized and provide all relevant materials to properly evaluate the response and the company.
 Understanding of digital equity and the project in general  Project schedule
 QA/QC guarantees
 Able to change budget or scope based on the Cities needs in a reasonable time and manner.
 Bi- monthly updates of the project and outreach attempts.  Approach to the project
40 Points Maximum
TOTAL POINTS MAXIMUM 100
Report to Mayor and City Council
Re: Approval of Agreement A-8413
August 16, 2023

Staff evaluated all proposals and determined that Nutter Consulting was the most qualified applicant for the project. This was based on their well-rounded approach and prior experience working with other cities and companies providing similar studies.

FISCAL IMPACT
This project is funded in Account No G0157241-724525-2104, with a current balance of $325,000.

STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.

B. Implement and administer environmentally sustainable programs.

Goal IV: Maintain a desirable community where everyone wants to live, work and play.

B. Provide inclusive access to a variety of supportive services that build a resilient and healthy community.

Prepared by: Lynn Glidden, P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, Interim City Attorney

ATTACHMENTS
Agreement No. A-8413 Consulting Services Agreement
AGREEMENT NO. A-8413

CONTRACT FOR CONSULTANT SERVICES

BETWEEN THE CITY OF PALMDALE AND NUTTER CONSULTING

THIS CONTRACT FOR CONSULTANT SERVICES (“Contract” herein) is made and entered into by and between the City of Palmdale a public body corporate and politic, (hereinafter called “CITY”) and NUTTER CONSULTING (hereinafter called “CONSULTANT”). This Contract shall become effective on the date of the last signatory.

RECITALS
WHEREAS, City desires to engage CONSULTANT to provide certain consultant services; and
WHEREAS, CONSULTANT represents that CONSULTANT has the expertise and is qualified to perform the services described in this Contract. And, if required, is duly registered under the laws of the State of California; and WHEREAS, CONSULTANT desires to accept such engagement.

NOW, THEREFORE, the parties agree as follows:
1 DESCRIPTION OF WORK

1.1 The City hereby engages CONSULTANT, and CONSULTANT accepts such engagement, to provide the following services:

1. Kickoff Meeting
One kickoff meeting to formally share a project approach, start date, and roles of all team members.

2. Project Management Plan
Nutter Consulting will development a Project Management Plan.

The PMP will include the following:

A project schedule.

A work plan to complete the study in nine months
Introduction of the project team members.

Deliverables strategy.

Bi-monthly check ins.

Notification procedures of any updates or changes in the schedule or deliverables that would affect the timeline.

3. Preliminary Findings
Nutter Consulting will provide a midway analysis of any outliers or concerning findings 1-14Concord - Document ID: generated after first signature that have arrived before the final report. This information will allow the City to move forward in the right direction as needed.

4. Bi-Monthly Check-ins
Nutter Consulting will provide bi-Monthly check-ins with City Staff via online or in person.

5. Thorough Surveys
Nutter Consulting will provide the following:

Surveys that have been reviewed by City Staff before deployment.

Paper surveys, they will be distributed by Nutter Consulting, City or community-based organizations.

A summary of findings and provide a summary report of the findings.

Produce Surveys in english and spanish to engage residents.

6. Community Outreach/ Engagement
Nutter Consulting will provide Outreach to communities can be via city events, town halls, and community events. If the City sees fit a town hall or open house can happen virtually.

Nutter Consulting will provide the following:

The City expects a minimum of four community outreach events.

One virtual focus group hosted by the City but facilitated by Consultant.

Targeted assessments can be done via workshops, forums, and focus groups. The assessments and should have a diverse range of participants.

The Consultant should produce a community engagement plan that they will implement with their goals, key messages, demographic analysis, and outreach methods.

7. Utilization of all available and relevant data
Nutter Consulting will use all available and relevant data to provide a thorough analysis of the City. The Consultant should use methods such as data cleaning, and data scraping.

8. Documentation of Feedback

9. Workshop Training
Nutter Consulting will provide education to City Staff and the community.

10. City Council Briefing
Nutter Consulting will attend at least 4 City Council briefings. 2-14Concord - Document ID: generated after first signature

11. A Concise Final Report

12. A clear, interactive, and user-friendly dashboard

13. Access to graphs used in the dashboard separately.

14. SiFi Networks as part of their partnership with the City has requested the addresses of a maximum of ten (10) percent of City residential units that qualify for a discounted rate program. Consultants must aid City Staff with generating the proposed list of addresses.

CONSULTANT shall perform and complete all such work and services in a manner satisfactory to CITY.

1.2 Project deliverables shall be reviewed and approved by CITY to determine acceptable completion. CITY shall have the right to review and inspect the work during the course of its performance at such times as may be specified by CITY.

1.3 CONSULTANT shall not accept any change of scope, or change in contract provisions, unless issued in writing, as a contract change order or amendment and signed by CITY. Any extensions of time must be mutually agreed upon in writing and executed by both parties.

1.4 CITY shall provide to CONSULTANT, without charge, all data, program information, including reports, records, maps, and other information, now in CITY’s possession, which may facilitate the timely performance of the work. 2 CITY PROJECT MANAGER
To provide the services required by this Contract, CONSULTANT shall act under the authority and approval of a Project Manager appointed by CITY. The City Project Manager will oversee the work under this Contract, assist CONSULTANT with any necessary information, audit billings, and approve payments. CONSULTANT shall channel reports, deliverables, and special requests through the City Project Manager. 3 CONSULTANT’S KEY PERSONNEL
CONSULTANT’s Team and Key Personnel are as follows:

Melanie Nutter, Principal; Katherine Lee, Senior Associate; Emily Walsh, Consulting Fellow.

This Consultant Services Contract has been awarded to CONSULTANT based on its representation that those personnel and subcontractors listed above will perform the portions of the work listed herein. CONSULTANT shall not deviate nor substitute any of these team members without prior written approval by CITY. 3-14Concord - Document ID: generated after first signature 4 CONTRACT TERM
The term of this contract is ONE (1) YEAR, commencing on the effective date. 5 TAXES

5.1 CONSULTANT shall pay all sales, consumer, use, and other similar taxes required to be paid by CONSULTANT in accordance with state and local laws.

5.2 CONSULTANT is an independent contractor and shall have no power or authority to incur any debt, obligation, or liability on behalf of CITY. No person employed by CONSULTANT or acting on its behalf, in connection with this Contract shall be considered the Agent or employee of CITY.

5.3 CONSULTANT shall be required to obtain a current City of Palmdale business license, as required by the Palmdale Municipal Code, before an Authorization to Proceed is issued.
6 PATENT FEES AND ROYALTIES
CONSULTANT shall pay all license fees and royalties and assume all costs incident to the use, in the performance of the work or the incorporation in the work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified by CITY for use in the performance of the work and if, to the actual knowledge of CITY, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by CITY in the contract documents. CONSULTANT shall indemnify and hold harmless CITY and anyone directly or indirectly employed by CITY from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the work, or resulting from the incorporation in the work of any invention, design, process, product or device not specified by CITY, and shall defend all such claims in connection with any alleged infringement of such rights. 7 STANDARDS OF PERFORMANCE
CONSULTANT shall be responsible for the completeness and accuracy of its services and work and documents resulting there from, and CITY shall not be responsible for discovering deficiencies therein. CONSULTANT shall correct any such deficiencies or errors without additional compensation and without cost to CITY, except to the extent any such deficiency is directly attributable to deficiencies in CITY -furnished information.
8 CONSULTANT’S PERSONNEL

8.1 All services required under this Contract shall be performed by CONSULTANT, or under CONSULTANT’S direct supervision, and all personnel shall 4-14Concord - Document ID: generated after first signature possess the qualifications, permits and licenses required by State and local law to perform such services.

8.2 CONSULTANT shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Contract, and compliance with all reasonable performance standards established by CITY.

8.3 CONSULTANT shall be responsible for payment of all CONSULTANT’s employees’ and subcontractor’s wages and benefits and shall comply with all requirements pertaining to the employer’s liability, workers’ compensation, unemployment insurance, and Social Security.

8.4 CONSULTANT shall indemnify and hold harmless CITY, and its respective officers, agents and employees from and against all claims, demands, damages or costs arising from CONSULTANT’s acts or omissions with respect to any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices.
9 COMPENSATION

9.1 For all of work and services including the various phases of tasks as described in Section 1, CITY shall pay to CONSULTANT an amount not to exceed the sum of ONE HUNDRED AND FOURTY THOUSAND dollars ($140000), payable as follows:

The Contract Price is CONSULTANT’S estimate of its charges for all of the services, including all labor, equipment, material, subcontractor and reimbursable costs, to be provided under this Agreement. Progress payments shall be made on a time and material basis. Final payment shall be made upon completion of all services and City acceptance of all deliverables, not-to-exceed the Contract Price.

9.2 CONSULTANT shall perform no work in excess of the total contract price without prior written approval of CITY. Total contract price includes expenses related to travel to and from CITY to meet with City and to appear, if so required, before City Council or any other board or commission of CITY.

9.3 CONSULTANT shall maintain adequate records and shall permit inspection and audit by CITY of CONSULTANT’s charges under this Contract. CONSULTANT shall make such records available to CITY during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records, and they will be available only to CITY and any specified public agencies. Such records shall be maintained by CONSULTANT for one (1) year following completion of the work under this Contract unless a longer period of time is required by state or federal law, in which event CONSULTANT shall retain its records for the time required by such laws.
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9.4 No payment made hereunder by CITY to CONSULTANT, shall be construed as an acceptance by CITY of any work or materials, nor as evidence of satisfactory performance by CONSULTANT of its obligations under this Contract. 10 INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT and any contractors or subcontractors working on its behalf agree to indemnify CITY, its officers, employees, agents and elected and appointed boards (hereinafter “Indemnified Parties”) for any loss, claim, demand, cause of action, cost, expense, damage, obligation or liability which arises out of or is in any way connected with the performance of any work under this agreement, including any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of CONSULTANT, its contractors or subcontractors, and regardless of any acts, omissions or negligence (whether active or passive) of any person or entity indemnified hereunder. At their own expense, CONSULTANT and, as applicable, any contractors or subcontractors working on its behalf, shall defend any suit, claim or action against the Indemnified Parties founded upon such loss, claim, demand, cause of action, cost, expense, damage, obligation or liability. CONSULTANT shall ensure that the contract of any contractor or subcontractor working under this agreement contain an indemnity agreement, requiring the contractor or subcontractor to indemnify and defend the Indemnified Parties pursuant the terms set forth above. CONSULTANT shall indemnify the Indemnified Parties, and save it harmless from any and all loss, damage, costs, expenses and attorney's fees suffered or incurred on account of any breach of the aforesaid obligations and covenants, and any other provision or covenant of this agreement.
11 INSURANCE

11.1 CONSULTANT, at its expense, shall maintain in effect at all times during the performance of work under this Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers listed “A” or better in the Best’s Insurance Guide and authorized to do business in the State of California.

Proof of Insurance, as identified in Section 11.8, must be reviewed and accepted by the City Attorney.

11.1.1 Workers’ Compensation and Employer’s Liability
 Workers’ Compensation—coverage as required by the State of California  Employer’s Liability:
$1,000,000.00 each accident
$1,000,000.00 policy limit bodily injury
$1,000,000.00 each employee bodily injury by disease

11.1.2 Professional Liability (Errors & Omissions) Insurance*  $1,000,000 limit on a per occurrence basis

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11.1.3 Commercial General Liability
 $1,000,000.00 limit on a per occurrence basis
 $2,000,000.00 general aggregate limit

11.1.4 Commercial Automobile Liability
 $1,000,000.00 combined single limit including owned, non-owned and hired automobile coverage

11.2 All of CONSULTANT’s policies shall contain an endorsement providing that written notice shall be given to CITY at least thirty- (30) calendar days prior to termination, cancellation or reduction of coverage in the policy.

11.3 Policies providing for bodily injury and property damage coverage shall contain the following:

A. An endorsement extending coverage to the City as an additional insured, in the same manner as the named insured, as respects liability arising out of the performance of any work under the Contract. Such insurance shall be primary insurance, as respects the interest of the City, and any other insurance maintained by the City shall be considered excess coverage and not contributing insurance with the insurance required hereunder. The certificate and endorsements shall state: “The City of Palmdale, the Successor Agency of the Community Redevelopment Agency of the City of Palmdale, Palmdale Civic Authority, Industrial Development Authority of the City of Palmdale, Palmdale Airport Authority, their officers, agents, employees and volunteers are named as additional insured’s.”
B. “Severability of Interest” clause.

11.4 Promptly on execution of this Contract, and prior to commencement of any work, CONSULTANT shall deliver to CITY certificates of insurance and endorsements to all required policies demonstrating that CONSULTANT has the required coverage and showing the required named insureds. Within five (5) days of written request from CITY, CONSULTANT shall deliver to CITY full and complete copies of all insurance policies required by this Contract.

11.5 The requirements as to the types and limits of insurance to be maintained by CONSULTANT are not intended to and shall not in any manner limit or qualify CONSULTANT’s liabilities and obligations under this Contract.

11.6 Any policy or policies of insurance that CONSULTANT elects to carry as insurance against loss or damage to its equipment and tools or other personal property used in the performance of this Contract shall include a provision waiving the insurer’s right of subrogation against CITY.

11.7 All insurance coverage must be maintained throughout the duration of this Contract.
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11.8 Acceptable Proof of Insurance:

11.8.1 ACORD Certificate of Insurance listing all coverages, limits, deductibles and insureds; and endorsements for all applicable coverages if agent has authority to issue it; Additional insured Form CG20101185 or CG20100707 and CG20370704 or equivalent must be provided for general liability coverage.

Additional insured form CA0001 must be provided for automobile liability coverage.

11.8.2 Agents must confirm that policy endorsements have been ordered from the respective insurance companies. Upon issuance, policy endorsements listing all insurers must be submitted to the City Attorney.

11.8.3 *When professional (E&O) liability coverage is provided on a “claims made basis”, CONSULTANT will continue to renew the insurance for a period of five (5) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT, or its officers, employees, or agents during the time this Agreement was in effect.

11.9 Notwithstanding any other provision of this Contract, CITY may immediately terminate this Contract if, at any time CONSULTANT fails to maintain the required insurance for any period of time or fails to comply with any of the insurance requirements listed above.

11.10 CONTRACTOR shall require any and all subcontractor's working on its behalf to provide insurance coverages and limits that are based on the scope of work and nature of risk being performed by the subcontractor. Any and all subcontractors working on behalf of CONTRACTOR shall be subject to all other insurance requirements that are stated herein.

Any deviation in this requirement will be CONTRACTOR's sole risk. CONTRACTOR's insurance requirements in Section 11 will not be impacted and/or limited by such deviation.

12 TERMINATION WITHOUT CAUSE
CITY reserves the right to terminate this Contract or any part thereof for its sole convenience with fifteen (15) days written notice. In the event of such termination, CONSULTANT shall immediately stop all work hereunder, and shall immediately cause any of its suppliers and sub-consultants to cease such work. CONSULTANT shall also surrender to CITY all finished or unfinished documents or programs and other materials, which shall be City’s property. As compensation in full for services performed to the date of such termination, the CONSULTANT shall receive an amount equal to the value of the work completed as of the termination date in accordance with the fee schedule or as negotiated between the parties. In no event 8-14Concord - Document ID: generated after first signature shall the amount payable upon termination exceed the total maximum compensation provided for in this Contract.
13 TERMINATION FOR CAUSE

13.1 If the City determines that the CONSULTANT has failed to supply an adequate working force, or to provide services of proper quality, or has failed in any other respect to satisfactorily perform the services specified in this Contract, the City shall give written notice to the CONSULTANT specifying all defaults to be remedied within thirty (30) days. Such notice shall set forth the basis for the City’s dissatisfaction and suggest corrective measures. If, after thirty days, the CONSULTANT has failed to implement the corrective measures, the City may elect to terminate this Contract, in whole or in part.

13.2 In the event the City terminates this Contract in whole or in part as provided herein above, the City may procure, upon such terms and in such manner, as it may deem appropriate, services similar to those terminated.

13.3 If this Contract is terminated as provided above, the City may require the CONSULTANT to provide all finished or unfinished documents, data, studies, software, drawings, maps, photographs, reports, etc., prepared by the CONSULTANT. Upon such termination, the CONSULTANT shall be paid an amount equal to the value of the services provided and work performed as of the date of termination. Such payment by the City may take into consideration the costs associated with hiring another CONSULTANT to complete the services. In the event no new CONSULTANT is employed, the CONSULTANT shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete documents when such are delivered to CITY, and to authorized reimbursement expenses.

The above is in addition to any other remedies available by law or equity to the City.

13.4 If, after notice of termination of the Contract under the provisions of this Section 13, it is determined, for any reason, that CONSULTANT was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 12. 14 DISPUTE RESOLUTION
All claims, disputes, and other matters in question between CITY and CONSULTANT arising out of, or relating to this Contract, or the breach thereof shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. 15 OWNERSHIP OF DOCUMENTS
All documents, including, but not limited to, research, field notes, investigations, analysis, and studies which are prepared in the performance of this Contract are to 9-14Concord - Document ID: generated after first signature be, and remain the property of CITY. CONSULTANT shall furnish CITY, upon its request, originals or reproducible or electronic copies of reports, studies and of all other documents listed above.
16 SUBCONTRACTING, DELEGATION AND ASSIGNMENT

16.1 CONSULTANT shall not delegate, subcontract or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY; provided, however, that claims for money due or to become due to CONSULTANT from CITY under this Contract may be assigned to a bank, trust company or other financial institution without such approval. Any proposed delegation, assignment or subcontract shall provide a description of the services covered, identification of the proposed assignee, delegates or subcontractor, and an explanation of why and how the same was selected, including the degree of competition involved. Any proposed agreement with an assignee, delegates or subcontractor shall include the following:

A. The amount involved, together with CONSULTANT’s analysis of such cost or price; and
B. A provision requiring that any subsequent modification or amendment shall be subject to the prior written consent of CITY.

C. The requirement to hire only those persons authorized by federal law to work in the United States.

16.2 Any assignment, delegation or subcontract shall be made in the name of CONSULTANT and shall not bind or purport to bind CITY and shall not release CONSULTANT from any obligations under this Contract including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegates and subcontractors. No such assignment, delegation or subcontract shall result in any increase in the amount of total compensation payable to CONSULTANT under this Contract.
17 NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

17.1 In performance of this Contract, CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, or age. CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation or age. Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10-14Concord - Document ID: generated after first signature

17.2 The provisions of subsection 17.1 above shall be included in all solicitations or advertisements placed by or on behalf of CONSULTANT for personnel to perform any services under this Contract. CITY shall have access to all documents, data and records of CONSULTANT and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein by this reference. A copy of Executive Order No. 11246 is available for inspection at, and on file with, the Palmdale City Clerk’s Office. 18 FINANCIAL INTEREST CERTIFICATION

18.1 CONSULTANT warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no officer or employee of the CITY has any interest, financially or otherwise, in CONSULTANT’s firm.

18.2 For breach or violation of this warranty, CITY shall have the right to annul this Contract without liability, or at its discretion to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.
19 CONFLICT OF INTEREST

19.1 CONSULTANT stipulates that its officers and employees do not now have a conflict of interest and it further agrees for itself, its officers and its employees that it will not contract for or accept employment for the performance of any work or services with any individual business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Contract or which would cause CONSULTANT to be “financial interested” (as provided in California Government Code Section 1090 et seq. or 87100 et seq.) in any contract or decision made by CITY on any matter.

19.2 CONSULTANT shall not employ any City official or employee to perform any work required pursuant to this Contract.

19.3 If CONSULTANT is a registered professional engineer or licensed land surveyor and the scope of work requires CONSULTANT’S recommendation of the actual formula to spread the costs of an assessment district’s improvements, then CONSULTANT shall not participate in making that recommendation if the additional elements set forth in Government Code section 87100.1(c) apply. Those additional elements are: (1) CONSULTANT has received income of $250 or more for professional services in connection with any parcel included in the benefit assessment district within 12 months prior to the creation of the district; and (2) the district includes other parcels in addition to those parcels for which CONSULTANT received the income. In the event a conflict of interest does arise in that context, City shall select a different CONSULTANT to recommend the actual formula to spread the 11-14Concord - Document ID: generated after first signature costs of the assessment district’s improvements and the costs of such services shall be deducted from the compensation to be paid to CONSULTANT.

19.4 To the extent required by the City Manager/designee, CONSULTANT shall complete and file with the City Clerk a Form 700 Statement of Economic Interests disclosing any reportable property interests, income, gifts, investments, or business positions.
20 COMPLIANCE WITH LAW

20.1 CONSULTANT shall comply with all state and federal laws, including but not limited to, the requirement to hire only those persons authorized by federal law to work in the United States. If CONSULTANT uses any subcontractors to complete this Contract, this same requirement shall be included in all subcontracts and strictly enforced by CONSULTANT.

20.2 The law of the state of California shall govern this Contract. The venue of any legal action, either formal or informal, shall be the County of Los Angeles. 21 NOTICES
Any notice required under this Contract shall be in writing, addressed to the appropriate party at its address on the signature page and given personally or by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt.
22 ENTIRE CONTRACT AND AMENDMENTS

22.1 This Contract is the complete agreement between the parties and supersedes all prior proposals, agreements, and understandings between the parties and may not be modified or terminated orally.

22.2 No attempted waiver of any of the provisions hereof, nor any modification in the nature, extent or duration of the work to be performed by CONSULTANT hereunder, shall be binding unless in writing and signed by the party against whom the same is sought to be enforced.

22.3 The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party’s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract. 12-14Concord - Document ID: generated after first signature

23 ATTORNEY’S FEES
If any action at law or in equity is brought to enforce or interpret any provisions of this Contract, the prevailing party in such action shall be entitled to reasonable attorney’s fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.

In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.

CITY OF PALMDALE: NUTTER CONSULTING:

Ronda Perez
City Manager

Melanie Nutter
Principal
ADDRESS FOR NOTICE:

CITY OF PALMDALE
383 Sierra Highway
Palmdale, CA 93550

ADDRESS FOR NOTICE:

NUTTER CONSULTING
3145 Geary Boulevard, #464
San Francisco, CA 94118
APPROVE AS TO FORM:

William P. Curley, III
Interim City Attorney

ATTEST:

Roxanne Faber
Acting City Clerk

---------------------------------------- INTERNAL USE ONLY ----------------------------------------

13-14Concord - Document ID: generated after first signature □Certificate(s) and Endorsement(s) attached
□Confirmed business name on contract with certificate(s) □Attached Agreement Checklist and met all requirements
14-14Concord - Document ID: generated after first signature City Council Staff Report
DATE: AUGUST 16, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT

CAPITAL IMPROVEMENT PROGRAM DIVISION
DISTRICT: 4
SUBJECT: AWARD AGREEMENT WITH MNS ENGINEERS, INC. FOR
INSPECTION SERVICES ASSOCIATED WITH PN 795, SAM
YELLEN PARK PHASE 2 , IN THE AMOUNT OF $535,568 FOR A
TERM OF 16 MONTHS FROM THE DATE OF NOTICE TO
PROCEED.

ISSUE
Award agreement with MNS Engineers, Inc. for inspection services associated with PN 795, Sam Yellen Park Phase 2, in the amount of $535,568 for a term of 16 months from the date of Notice to Proceed.

RECOMMENDATION
Staff recommends that the City Council:

1. Award agreement with MNS Engineers, Inc. for inspection services associated with PN 795, in the amount of $535,568; and

2. Authorize the City Manager or her designee to execute Agreement No. A- 8470 with MNS Engineers, Inc ., including minimal and/or non -substantive changes.

BACKGROUND
Project No. 795, Sam Yellen Park Phase 2 , includes the build-out of the remaining 12 acre site with various amenities that includes a central plaza with a community center / restroom building, a separate prefabricated restroom building, shaded and unshaded picnic areas with tables, futsal courts, fitness stations, a large playground area, illuminated pedestrian walkways, water -efficient plantings, drought -tolerant groundcovers, preserved Joshua trees to match the local desert climate and habitat, and natural grass and artificial turf areas with topographic relief.

Access and infrastructure improvements include a modified roundabout entry from Avenue S that connects to the existing parking lot and provides convenient drop -off zone, a new 84-space parking lot accessible from Hillcrest Drive, as well as irrigation and landscape improvements to the original park site. This project was awarded in Report to Mayor and City Council
Re: Award of PN 795, Agreement No. A-8470
August 16, 2023

March 2023 and construction began in early May. The construction inspection services associated with PN 795, Sam Yellen Park Phase 2, are anticipated to be required from August 2023 to November 2024.

DISCUSSION
MNS Engineers Inc. is one of the City’s on-call civil engineering consultants that can provide both civil engineering and inspection/construction management services. All work will be performed on a time-and-materials basis to an approved budget limit.

Approved budgets will not be exceeded without City direction and approval. City Staff will provide guidance regarding their expectations and process preferences in performing these tasks.

Due to current staff limitations to provide full time inspection and multiple trades on the project, MNS was selected to provide construction inspection services to the City to observe the ongoing construction operations of the Contractor. The construction inspector will be onsite during construction activities to inspect and verify conformance with the approved plans and specifications. The construction inspector’s responsibilities will include but are not limited to: full time inspection of contractor’s work, inspection reports, verifying materials incorporated meet contract requirements, photo documentation and punch list oversight. MNS will also assist the City’s Project Manager through construction completion with review and approval of payment quantities, change orders and changes to the design if applicable and other miscellaneous items necessary for the project to be complete.

FISCAL IMPACT
This agreement will be funded through FY 2023-24 Measure AV (157), which has sufficient funds already allocated in Account No. P0009.

SCOPE OF WORK COST
Construction Management and Inspection Services $535,568 Total Cost: $535,568
Account Number Starting Balance Remaining Balance
P0009157 $4,996,293 $4,460,725
Report to Mayor and City Council
Re: Award of PN 795, Agreement No. A-8470
August 16, 2023

STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability.

C. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active funds for everyone.

Prepared by: Lynn Glidden, P.E., Director of Public Works Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, Interim City Attorney

ATTACHMENTS
Agreement No. A-8470
AGREEMENT NO. A-8470

CONTRACT FOR CONSULTANT SERVICES

BETWEEN THE CITY OF PALMDALE AND MNS ENGINEERS

THIS CONTRACT FOR CONSULTANT SERVICES (“Contract” herein) is made and entered into by and between the City of Palmdale a public body corporate and politic, (hereinafter called “CITY”) and MNS ENGINEERS (hereinafter called “CONSULTANT”). This Contract shall become effective on the date of the last signatory.

RECITALS
WHEREAS, City desires to engage CONSULTANT to provide certain consultant services; and
WHEREAS, CONSULTANT represents that CONSULTANT has the expertise and is qualified to perform the services described in this Contract. And, if required, is duly registered under the laws of the State of California; and WHEREAS, CONSULTANT desires to accept such engagement.

NOW, THEREFORE, the parties agree as follows:
1 DESCRIPTION OF WORK

1.1 The City hereby engages CONSULTANT, and CONSULTANT accepts such engagement, to provide the following services:

MNS Engineers will provide professional Public Works inspection services to the City for Sam Yellen Park Phase 2 (City Project Number 795).

The Construction Inspector shall observe the ongoing construction operations of the Contractor. The Construction Inspector will be onsite during the construction activities to inspect and verify if the work is constructed in accordance with the City approved plans and specifications.

The Construction Inspector's responsibilities includes but not limited to:

1. Full Time inspection of contractor's work.

2. Inspection Reports

3. Verify materials incorporated into the project meet contract requirements.

4. Photo documentation

5. Punchlist oversight

6. Assist the City with Contractor's to process Invoices, Submittals, RFI's and Change Order Request

7. Assist the City with punch list and closeout process.

The CONSULTANT shall not accept any change of scope, or change in contract 1-13Concord - Document ID: generated after first signature provisions, unless issued in writing, as a Change Order, or amendment to this Agreement and signed by CITY.

CONSULTANT shall perform and complete all such work and services in a manner satisfactory to CITY.

1.2 Project deliverables shall be reviewed and approved by CITY to determine acceptable completion. CITY shall have the right to review and inspect the work during the course of its performance at such times as may be specified by CITY.

1.3 CONSULTANT shall not accept any change of scope, or change in contract provisions, unless issued in writing, as a contract change order or amendment and signed by CITY. Any extensions of time must be mutually agreed upon in writing and executed by both parties.

1.4 CITY shall provide to CONSULTANT, without charge, all data, program information, including reports, records, maps, and other information, now in CITY’s possession, which may facilitate the timely performance of the work. 2 CITY PROJECT MANAGER
To provide the services required by this Contract, CONSULTANT shall act under the authority and approval of a Project Manager appointed by CITY. The City Project Manager will oversee the work under this Contract, assist CONSULTANT with any necessary information, audit billings, and approve payments. CONSULTANT shall channel reports, deliverables, and special requests through the City Project Manager. 3 CONSULTANT’S KEY PERSONNEL
CONSULTANT’s Team and Key Personnel are as follows:

MNS Engineers shall use only those employees, and consultants listed below:

Chris Cox - Public Works Inspector
This Consultant Services Contract has been awarded to CONSULTANT based on its representation that those personnel and subcontractors listed above will perform the portions of the work listed herein. CONSULTANT shall not deviate nor substitute any of these team members without prior written approval by CITY. 4 CONTRACT TERM
The term of this contract is Sixteen (16) Months, commencing on the effective date. 5 TAXES

5.1 CONSULTANT shall pay all sales, consumer, use, and other similar taxes required to be paid by CONSULTANT in accordance with state and local laws. 2-13Concord - Document ID: generated after first signature

5.2 CONSULTANT is an independent contractor and shall have no power or authority to incur any debt, obligation, or liability on behalf of CITY. No person employed by CONSULTANT or acting on its behalf, in connection with this Contract shall be considered the Agent or employee of CITY.

5.3 CONSULTANT shall be required to obtain a current City of Palmdale business license, as required by the Palmdale Municipal Code, before an Authorization to Proceed is issued.
6 PATENT FEES AND ROYALTIES
CONSULTANT shall pay all license fees and royalties and assume all costs incident to the use, in the performance of the work or the incorporation in the work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified by CITY for use in the performance of the work and if, to the actual knowledge of CITY, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by CITY in the contract documents. CONSULTANT shall indemnify and hold harmless CITY and anyone directly or indirectly employed by CITY from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the work, or resulting from the incorporation in the work of any invention, design, process, product or device not specified by CITY, and shall defend all such claims in connection with any alleged infringement of such rights. 7 STANDARDS OF PERFORMANCE
CONSULTANT shall be responsible for the completeness and accuracy of its services and work and documents resulting there from, and CITY shall not be responsible for discovering deficiencies therein. CONSULTANT shall correct any such deficiencies or errors without additional compensation and without cost to CITY, except to the extent any such deficiency is directly attributable to deficiencies in CITY -furnished information.
8 CONSULTANT’S PERSONNEL

8.1 All services required under this Contract shall be performed by CONSULTANT, or under CONSULTANT’S direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services.

8.2 CONSULTANT shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Contract, and compliance with all reasonable performance standards established by CITY.
3-13Concord - Document ID: generated after first signature

8.3 CONSULTANT shall be responsible for payment of all CONSULTANT’s employees’ and subcontractor’s wages and benefits and shall comply with all requirements pertaining to the employer’s liability, workers’ compensation, unemployment insurance, and Social Security.

8.4 CONSULTANT shall indemnify and hold harmless CITY, and its respective officers, agents and employees from and against all claims, demands, damages or costs arising from CONSULTANT’s acts or omissions with respect to any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices.
9 COMPENSATION

9.1 For all of work and services including the various phases of tasks as described in Section 1, CITY shall pay to CONSULTANT an amount not to exceed the sum of Five Hundred Thirty Five Thousand Five Hundred Sixty Eighty dollars ($535568), payable as follows:

All work will be performed on a time-and-material basis to an approved budget limit as shown in Exhibit A. Approved budget will not be exceeded without City direction and approval. Actual costs shall be billed to the City on an actual time spent. City Staff will provide guidance regarding their expectation and process preferences in performing tasks
The Contract Price is CONSULTANT’S estimate of its charges for all of the services, including all labor, equipment, material, subcontractor and reimbursable costs, to be provided under this Agreement. Progress payments shall be made on a time and material basis. Final payment shall be made upon completion of all services and City acceptance of all deliverables, not-to-exceed the Contract Price.

9.2 CONSULTANT shall perform no work in excess of the total contract price without prior written approval of CITY. Total contract price includes expenses related to travel to and from CITY to meet with City and to appear, if so required, before City Council or any other board or commission of CITY.

9.3 CONSULTANT shall maintain adequate records and shall permit inspection and audit by CITY of CONSULTANT’s charges under this Contract. CONSULTANT shall make such records available to CITY during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records, and they will be available only to CITY and any specified public agencies. Such records shall be maintained by CONSULTANT for one (1) year following completion of the work under this Contract unless a longer period of time is required by state or federal law, in which event CONSULTANT shall retain its records for the time required by such laws.
4-13Concord - Document ID: generated after first signature

9.4 No payment made hereunder by CITY to CONSULTANT, shall be construed as an acceptance by CITY of any work or materials, nor as evidence of satisfactory performance by CONSULTANT of its obligations under this Contract. 10 INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT and any contractors or subcontractors working on its behalf agree to indemnify CITY, its officers, employees, agents and elected and appointed boards (hereinafter “Indemnified Parties”) for any loss, claim, demand, cause of action, cost, expense, damage, obligation or liability which arises out of or is in any way connected with the performance of any work under this agreement, including any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of CONSULTANT, its contractors or subcontractors, and regardless of any acts, omissions or negligence (whether active or passive) of any person or entity indemnified hereunder. At their own expense, CONSULTANT and, as applicable, any contractors or subcontractors working on its behalf, shall defend any suit, claim or action against the Indemnified Parties founded upon such loss, claim, demand, cause of action, cost, expense, damage, obligation or liability. CONSULTANT shall ensure that the contract of any contractor or subcontractor working under this agreement contain an indemnity agreement, requiring the contractor or subcontractor to indemnify and defend the Indemnified Parties pursuant the terms set forth above. CONSULTANT shall indemnify the Indemnified Parties, and save it harmless from any and all loss, damage, costs, expenses and attorney's fees suffered or incurred on account of any breach of the aforesaid obligations and covenants, and any other provision or covenant of this agreement.
11 INSURANCE

11.1 CONSULTANT, at its expense, shall maintain in effect at all times during the performance of work under this Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers listed “A” or better in the Best’s Insurance Guide and authorized to do business in the State of California.

Proof of Insurance, as identified in Section 11.8, must be reviewed and accepted by the City Attorney.

11.1.1 Workers’ Compensation and Employer’s Liability
 Workers’ Compensation—coverage as required by the State of California  Employer’s Liability:
$1,000,000.00 each accident
$1,000,000.00 policy limit bodily injury
$1,000,000.00 each employee bodily injury by disease

11.1.2 Professional Liability (Errors & Omissions) Insurance*  $1,000,000 limit on a per occurrence basis

5-13Concord - Document ID: generated after first signature

11.1.3 Commercial General Liability
 $1,000,000.00 limit on a per occurrence basis
 $2,000,000.00 general aggregate limit

11.1.4 Commercial Automobile Liability
 $1,000,000.00 combined single limit including owned, non-owned and hired automobile coverage

11.2 All of CONSULTANT’s policies shall contain an endorsement providing that written notice shall be given to CITY at least thirty- (30) calendar days prior to termination, cancellation or reduction of coverage in the policy.

11.3 Policies providing for bodily injury and property damage coverage shall contain the following:

A. An endorsement extending coverage to the City as an additional insured, in the same manner as the named insured, as respects liability arising out of the performance of any work under the Contract. Such insurance shall be primary insurance, as respects the interest of the City, and any other insurance maintained by the City shall be considered excess coverage and not contributing insurance with the insurance required hereunder. The certificate and endorsements shall state: “The City of Palmdale, the Successor Agency of the Community Redevelopment Agency of the City of Palmdale, Palmdale Civic Authority, Industrial Development Authority of the City of Palmdale, Palmdale Airport Authority, their officers, agents, employees and volunteers are named as additional insured’s.”
B. “Severability of Interest” clause.

11.4 Promptly on execution of this Contract, and prior to commencement of any work, CONSULTANT shall deliver to CITY certificates of insurance and endorsements to all required policies demonstrating that CONSULTANT has the required coverage and showing the required named insureds. Within five (5) days of written request from CITY, CONSULTANT shall deliver to CITY full and complete copies of all insurance policies required by this Contract.

11.5 The requirements as to the types and limits of insurance to be maintained by CONSULTANT are not intended to and shall not in any manner limit or qualify CONSULTANT’s liabilities and obligations under this Contract.

11.6 Any policy or policies of insurance that CONSULTANT elects to carry as insurance against loss or damage to its equipment and tools or other personal property used in the performance of this Contract shall include a provision waiving the insurer’s right of subrogation against CITY.

11.7 All insurance coverage must be maintained throughout the duration of this Contract.
6-13Concord - Document ID: generated after first signature

11.8 Acceptable Proof of Insurance:

11.8.1 ACORD Certificate of Insurance listing all coverages, limits, deductibles and insureds; and endorsements for all applicable coverages if agent has authority to issue it; Additional insured Form CG20101185 or CG20100707 and CG20370704 or equivalent must be provided for general liability coverage.

Additional insured form CA0001 must be provided for automobile liability coverage.

11.8.2 Agents must confirm that policy endorsements have been ordered from the respective insurance companies. Upon issuance, policy endorsements listing all insurers must be submitted to the City Attorney.

11.8.3 *When professional (E&O) liability coverage is provided on a “claims made basis”, CONSULTANT will continue to renew the insurance for a period of five (5) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT, or its officers, employees, or agents during the time this Agreement was in effect.

11.9 Notwithstanding any other provision of this Contract, CITY may immediately terminate this Contract if, at any time CONSULTANT fails to maintain the required insurance for any period of time or fails to comply with any of the insurance requirements listed above.

11.10 CONSULTANT shall require any and all subcontractor's working on its behalf to provide insurance coverages and limits that are based on the scope of work and nature of risk being performed by the subcontractor. Any and all subcontractors working on behalf of CONSULTANT shall be subject to all other insurance requirements that are stated herein.

Any deviation in this requirement will be CONSULTANT's sole risk. CONSULTANT's insurance requirements in Section 11 will not be impacted and/or limited by such deviation.

12 TERMINATION WITHOUT CAUSE
CITY reserves the right to terminate this Contract or any part thereof for its sole convenience with fifteen (15) days written notice. In the event of such termination, CONSULTANT shall immediately stop all work hereunder, and shall immediately cause any of its suppliers and sub-consultants to cease such work. CONSULTANT shall also surrender to CITY all finished or unfinished documents or programs and other materials, which shall be City’s property. As compensation in full for services performed to the date of such termination, the CONSULTANT shall receive an amount equal to the value of the work completed as of the termination date in accordance with the fee schedule or as negotiated between the parties. In no event 7-13Concord - Document ID: generated after first signature shall the amount payable upon termination exceed the total maximum compensation provided for in this Contract.
13 TERMINATION FOR CAUSE

13.1 If the City determines that the CONSULTANT has failed to supply an adequate working force, or to provide services of proper quality, or has failed in any other respect to satisfactorily perform the services specified in this Contract, the City shall give written notice to the CONSULTANT specifying all defaults to be remedied within thirty (30) days. Such notice shall set forth the basis for the City’s dissatisfaction and suggest corrective measures. If, after thirty days, the CONSULTANT has failed to implement the corrective measures, the City may elect to terminate this Contract, in whole or in part.

13.2 In the event the City terminates this Contract in whole or in part as provided herein above, the City may procure, upon such terms and in such manner, as it may deem appropriate, services similar to those terminated.

13.3 If this Contract is terminated as provided above, the City may require the CONSULTANT to provide all finished or unfinished documents, data, studies, software, drawings, maps, photographs, reports, etc., prepared by the CONSULTANT. Upon such termination, the CONSULTANT shall be paid an amount equal to the value of the services provided and work performed as of the date of termination. Such payment by the City may take into consideration the costs associated with hiring another CONSULTANT to complete the services. In the event no new CONSULTANT is employed, the CONSULTANT shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete documents when such are delivered to CITY, and to authorized reimbursement expenses.

The above is in addition to any other remedies available by law or equity to the City.

13.4 If, after notice of termination of the Contract under the provisions of this Section 13, it is determined, for any reason, that CONSULTANT was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 12. 14 DISPUTE RESOLUTION
All claims, disputes, and other matters in question between CITY and CONSULTANT arising out of, or relating to this Contract, or the breach thereof shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. 15 OWNERSHIP OF DOCUMENTS
All documents, including, but not limited to, research, field notes, investigations, analysis, and studies which are prepared in the performance of this Contract are to 8-13Concord - Document ID: generated after first signature be, and remain the property of CITY. CONSULTANT shall furnish CITY, upon its request, originals or reproducible or electronic copies of reports, studies and of all other documents listed above.
16 SUBCONTRACTING, DELEGATION AND ASSIGNMENT

16.1 CONSULTANT shall not delegate, subcontract or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY; provided, however, that claims for money due or to become due to CONSULTANT from CITY under this Contract may be assigned to a bank, trust company or other financial institution without such approval. Any proposed delegation, assignment or subcontract shall provide a description of the services covered, identification of the proposed assignee, delegates or subcontractor, and an explanation of why and how the same was selected, including the degree of competition involved. Any proposed agreement with an assignee, delegates or subcontractor shall include the following:

A. The amount involved, together with CONSULTANT’s analysis of such cost or price; and
B. A provision requiring that any subsequent modification or amendment shall be subject to the prior written consent of CITY.

C. The requirement to hire only those persons authorized by federal law to work in the United States.

16.2 Any assignment, delegation or subcontract shall be made in the name of CONSULTANT and shall not bind or purport to bind CITY and shall not release CONSULTANT from any obligations under this Contract including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegates and subcontractors. No such assignment, delegation or subcontract shall result in any increase in the amount of total compensation payable to CONSULTANT under this Contract.
17 NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

17.1 In performance of this Contract, CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, or age. CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation or age. Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 9-13Concord - Document ID: generated after first signature

17.2 The provisions of subsection 17.1 above shall be included in all solicitations or advertisements placed by or on behalf of CONSULTANT for personnel to perform any services under this Contract. CITY shall have access to all documents, data and records of CONSULTANT and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein by this reference. A copy of Executive Order No. 11246 is available for inspection at, and on file with, the Palmdale City Clerk’s Office. 18 FINANCIAL INTEREST CERTIFICATION

18.1 CONSULTANT warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no officer or employee of the CITY has any interest, financially or otherwise, in CONSULTANT’s firm.

18.2 For breach or violation of this warranty, CITY shall have the right to annul this Contract without liability, or at its discretion to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.
19 CONFLICT OF INTEREST

19.1 CONSULTANT stipulates that its officers and employees do not now have a conflict of interest and it further agrees for itself, its officers and its employees that it will not contract for or accept employment for the performance of any work or services with any individual business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Contract or which would cause CONSULTANT to be “financial interested” (as provided in California Government Code Section 1090 et seq. or 87100 et seq.) in any contract or decision made by CITY on any matter.

19.2 CONSULTANT shall not employ any City official or employee to perform any work required pursuant to this Contract.

19.3 If CONSULTANT is a registered professional engineer or licensed land surveyor and the scope of work requires CONSULTANT’S recommendation of the actual formula to spread the costs of an assessment district’s improvements, then CONSULTANT shall not participate in making that recommendation if the additional elements set forth in Government Code section 87100.1(c) apply. Those additional elements are: (1) CONSULTANT has received income of $250 or more for professional services in connection with any parcel included in the benefit assessment district within 12 months prior to the creation of the district; and (2) the district includes other parcels in addition to those parcels for which CONSULTANT received the income. In the event a conflict of interest does arise in that context, City shall select a different CONSULTANT to recommend the actual formula to spread the 10-13Concord - Document ID: generated after first signature costs of the assessment district’s improvements and the costs of such services shall be deducted from the compensation to be paid to CONSULTANT.

19.4 To the extent required by the City Manager/designee, CONSULTANT shall complete and file with the City Clerk a Form 700 Statement of Economic Interests disclosing any reportable property interests, income, gifts, investments, or business positions.
20 COMPLIANCE WITH LAW

20.1 CONSULTANT shall comply with all state and federal laws, including but not limited to, the requirement to hire only those persons authorized by federal law to work in the United States. If CONSULTANT uses any subcontractors to complete this Contract, this same requirement shall be included in all subcontracts and strictly enforced by CONSULTANT.

20.2 The law of the state of California shall govern this Contract. The venue of any legal action, either formal or informal, shall be the County of Los Angeles. 21 NOTICES
Any notice required under this Contract shall be in writing, addressed to the appropriate party at its address on the signature page and given personally or by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt.
22 ENTIRE CONTRACT AND AMENDMENTS

22.1 This Contract is the complete agreement between the parties and supersedes all prior proposals, agreements, and understandings between the parties and may not be modified or terminated orally.

22.2 No attempted waiver of any of the provisions hereof, nor any modification in the nature, extent or duration of the work to be performed by CONSULTANT hereunder, shall be binding unless in writing and signed by the party against whom the same is sought to be enforced.

22.3 The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party’s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract. 11-13Concord - Document ID: generated after first signature

23 ATTORNEY’S FEES
If any action at law or in equity is brought to enforce or interpret any provisions of this Contract, the prevailing party in such action shall be entitled to reasonable attorney’s fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.

In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.

CITY OF PALMDALE: MNS ENGINEERS:

Ronda Perez.

City Manager

Jeff Edwards
Vice President
ADDRESS FOR NOTICE:

CITY OF PALMDALE
38250 Sierra Highway
Palmdale, CA 93550

ADDRESS FOR NOTICE:

MNS ENGINEERS
4580 E. Thousand Oaks Blvd., Ste 101
Westlake Village, CA 91362
APPROVE AS TO FORM:

William P. Curley, III
Interim City Attorney

ATTEST:

Roxanne Faber
Acting City Clerk

---------------------------------------- INTERNAL USE ONLY ----------------------------------------

12-13Concord - Document ID: generated after first signature □Certificate(s) and Endorsement(s) attached
□Confirmed business name on contract with certificate(s) □Attached Agreement Checklist and met all requirements
13-13Concord - Document ID: generated after first signature

July 5, 2023

Hamed Hashemian, PE
Deputy Director of Public Works
City of Palmdale
38250 Sierra Highway
Palmdale, CA 93550

SUBJECT: Public Works Inspection Services
Phase II Sam Yellen Park Construction – Project No. 795

Dear Hamed:

Thank you for the opportunity to submit a proposal for construction support services of Phase II of Yellen Park.

We, at MNS Engineers, are excited to be considered for this project and are committed to providing our expertise and services to support the City's vision.

Based on our discussions with City Staff, we have developed a comprehensive proposal outlining our approach, methodology, and the services we will provide throughout the construction process. Our proposal focuses on delivering a high-quality park that meets the community's needs and aligns with the City's goals.

Our team of experienced professionals will work closely with the City to ensure the successful completion of Phase II. We will collaborate closely with City Staff, adhering to project schedule and budgetary constraints.

Our commitment to clear and open communication will enable us to address any challenges effectively and ensure a smooth construction process.

Project Understanding
The Sam Yellen Park Phase II Project (Phase II Project), consisting of the 12 acres of the existing undeveloped Park site, was awarded to RC Becker on February 15, 2023, for just over $17.5 million dollars.

We understand that construction is still in the early stages and that the Contractor has raised concerns regarding differing site conditions. Addressing differing site conditions is a common challenge in construction projects, and it requires careful evaluation and problem-solving. As an experienced construction management team of professionals, we have dealt with similar issues in the past and are equipped to assist in finding effective solutions.

The Phase II Project, includes the build out of the park site with various amenities that include a central plaza with a 1,888 SF community center/ restroom buildings, a separate prefabricated restroom building, shaded and unshaded picnic areas with tables, futsal courts, fitness stations, a large playground area, illuminated pedestrian walkways, water-efficient plantings, drought-tolerant groundcovers, preserved Joshua trees to match the local desert climate and habitat, and natural grass and artificial turf areas with topographic relief.

Access and infrastructure improvements include a modified roundabout entry accessible from Avenue S that connects to the existing parking lot and provides convenient drop-off zone, a new 84-space parking lot accessible from Hillcrest Drive, a detention basin, a new water service, sewer, and storm drain improvements, as well as irrigation and land scape improvements to the original park site.

All work will be performed on a time-and-materials basis to an approved budget limit. Approved budgets will not be exceeded without City direction and approval. City Staff will provide guidance regarding their expectations and process preferences in performing these tasks. For all TASKS, MNS will provide required tools, templates, and summary documents for the City.

MNS will perform the following tasks:

Task 1 - Public Works Inspection
MNS will provide public works inspection services to the City to observe the ongoing construction operations of the Contractor. The Inspector will be onsite during construction activities to inspect and verify the work is constructed in accordance with the City approved plans and specifications. The Construction Inspector, in addition to performing inspection duties, will perform the Project Management Services listed in Task 1b. The Construction Inspector’s responsibilities will include:
• Full Time inspection of contractor’s work.
• Inspection reports.
• Verify materials incorporated into the project meet contract requirements. • Photo documentation
• Punchlist oversight.
• Assist City with Contractor submittals, RFI’s, Change Order Requests for City consideration.

Fee Compensation
MNS proposes to provide Public Works Inspection as outlined in the Scope of Work on a time and materials not-to-exceed basis. The estimated cost of services is shown in the attached Staffing Plan in accordance with the approved plans, standard specifications, and construction schedule. Actual costs billed to the City will be on actual time spent; the budget will require prior written approval from the City if it exceeds the approved budget total. Based upon our project understanding and estimated number of support hours needed to ensure a quality project, we initiate the work in an expeditious manner, working within the remaining contract authority MNS has with the City totaling $58k.

Based upon the staffing plan MNS estimates the initial fee of $58k will take the work through approximately August 18, 2023, with a total fee through the current contractor’s schedule project completion for the work which is expected to end in November 2024 to be $535,568.

Conclusion
We look forward to working with the City of Palmdale to complete this project. Please feel free to contact Robert Newman with any questions you may have about our proposal at 661-510-0111 or [email protected] or Jeff Edwards at (805)697-1401 or [email protected].

Sincerely,
MNS Engineers, Inc.

Jeff Edwards Vice President
Government Services Division

City Council Staff Report
DATE: AUGUST 16, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: NEIGHBORHOOD SERVICES

HOUSING DIVISION
DISTRICT: 1
SUBJECT: APPROVE GRANT AGREEMENT A -8464 WITH ADVANCING COMMUNITIES TOGETHER FOR $781,820 FOR DEVELOPMENT OF
20-UNITS OF CRISIS INTERIM HOUSING, FOR A TEN-YEAR, TERM TO BE LOCATED AT 38626 9TH STREET EAST, PALMDALE.

ISSUE
Approve Grant Agreement A-8464 with Advancing Communities Together for $781,820 for development of 20-units of crisis interim housing, for a ten-year term, to be located at 38626 9th Street East, Palmdale.

RECOMMENDATION
Staff recommends that the City Council:

1. Approve Grant Agreement A-8464 with Advancing Communities Together for $781,820 for development of 20-units crisis interim housing to be located at 38626 9th Street East, Palmdale called Palmdale’s Dream Village for a ten-year term; and

2. Authorize the City Manager or their designee to execute the Grant Agreement with Advancing Communities Together for the 20 -units of crisis interim housing, Palmdale’s Dream Village , for a ten -year term and take all necessary actions to implement the approved actions.

BACKGROUND
The City of Palmdale was awarded $35,445,019 by the United States Department of the Treasury of Corona virus Local Fiscal Recovery Funds (CSLRF Funds) under the American Rescue Plan Act (ARPA). Among the eligible uses described in the Final Rule is the investment of funds to “support the COVID -19 public health and economic response by addressing COVID -19 and its impact on public health” allowing for assistance to disproportionately impacted classes which faced more severe impacts and have not yet recovered for the impacts of the pandemic.

Report to Mayor and City Council
Re: ACT Palmdale Dream Village A-8464
August 16, 2023

DISCUSSION
Advancing Communities Together (ACT) proposes to develop and operate a 20-unit crisis interim housing program called Palmdale’s Dream Village at 38626 9th Street East, Palmdale, for a ten-year term. The crisis interim housing will provide twenty unhoused adult individuals in crisis interim housing, with safe and supportive housing conditions, community engagement teams, wrap around services, housing navigation services, case management, family reunification, health and wellness services and various workforce development programs. ACT is seeking to provide each unhoused person an opportunity to be in an impactful and transformational environment that supports their goals towards stability, utilizing their strengths, resiliency and community support to achieve their individual goals.

ACT proposes to use the CSLRF funding for facility improvements to have the site prepped, and electrical, water and sewer lines installed to accommodate Pallet unit structures. These improvements include repairing the parking lot and reusing materials, grading the lot to provide a leveled foundation and laying concrete, architectural and engineering support to design the sewer and utilities plan, including electrical and water to each pallet unit. ACT proposes to purchase one two stall hygiene units with separate toilet sink and individual shower units, one ADA accessible unit with two toilets, sink and one shower hygiene unit. In addition, ACT will purchase one community activity room for meals and workshops, one laundry unit with four washer/dryer stackable sets, one housing office for case management one-on-one meetings, twenty 8x8 housing units and training for ACT facility crews on construction/deconstruction and maintenance of all units.

FISCAL IMPACT
Funds are available in account 15818503-737100-1332 ARPA Affordable Housing.

STRATEGIC PLAN
Goal III: Invest in infrastructure to improve community livability and to plan and maintain safe and attractive neighborhoods, streets and facilities.

C. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active fun for everyone.

Prepared by: Heather Nichols, Senior Housing Coordinator Certified as to availability of Funds: Janelle Samson, Director of Finance Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, Interim City Attorney

ATTACHMENTS

1. Grant Agreement A-8464

2. Project Location Map

DREAM VILLAGE GRANT AGREEMENT
(A-8464)

This DREAM VILLAGE GRANT AGREEMENT (this “Agreement”) is dated for reference purposes as of August 16, 2023, and is entered into by and between the CITY OF PALMDALE, a charter city of the State of California (“City”), and ADVANCING COMMUNITIES TOGETHER, a California nonprofit public benefit corporation (“ACT”), who agree as follows:

RECITALS

A. On July 17, 2023, ACT submitted to City a proposal (the “ Proposal”), attached hereto as Exhibit A and incorporated herein by this reference.

B. Under the Proposal, ACT would develop and opera te a 20-unit crisis interim housing program (the “Dream Village ”) at ACT’s property at 38626 9th St. E, Palmdale, California 93550 and at three ACT-owned lots adjacent thereto (collectively, the “Property”).

C. In connection with the Proposal, ACT concurrently submitted to City a budget (the “Budget”), attached hereto as Exhibit B and incorporated herein by this reference.

D. The Budget sets forth ACT’s proposed use of funds for the development of t he Dream Village at the Property.

E. ACT requests that City provide the amount set forth in the Budget: $781,817.

F. City was awarded $35,445,019 in American Rescue Plan Act (“ARPA”) funds (“ARPA Funds”) through the United States Department of the Treasury.

G. Among the eligible uses of ARPA F unds is (i) to make necessary investments in water, sewer, or broadband infrastructure and (ii) to respond to public health and negative economic impacts of the pandemic in disproportionately impacted communities (youth and low- income communities).

H. In order to make necessary investments in water, sewer, or broadband infrastructure and to respond to public health and negative economic impacts of the pandemic in disproportionately impacted communities (youth and low -income communities), City desires to grant to ACT the sum of $781,817 to be used to develop the Dream Village at the Property (the “Dream Village Grant”).

NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS AND

FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND

SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, CITY AND ACT HEREBY AGREE AS FOLLOWS:

Dream Village Grant Agreement Agreement No. A-8464
Advancing Communities Together Page 2

TERMS

1. The foregoing Recitals are true and correct and are a substantive part of this Agreement.

2. City shall make the Dream Village Grant to ACT. All proceeds of the Dream Village Grant shall be used solely to reimburse ACT for ACT’s costs of developing the Dream Village at the Property , and all expenditures shall be supported by customary invoices, lien releases, etc. From time to time, ACT may request to draw upon the Dream Village Grant in accordance with the Budget: the initial draw is estimated to be $390,050, the second draw request is estimated to be for $305,060.98, and the third draw request is estimated to be for $86,705, each of the latter t wo to be accompanied by documentation of previous expenditures made prior to such new draw(s) being approved and released. As soon as practicable, the parties hereto shall develop and implement a report, which shall be due on the 5 th day of each calendar month, to track draw requests submitted, funds disbursed, Budget line items funded, and the outstanding balance, with regard to the Dream Village Grant.

3. ACT shall develop and operate the Dream Village consistent with the Proposal and in conformity with all applicable laws, including all applicable federal and state labor standards, including, without limitation, the requirement to pay not less than the wages prevailing in the locality as determined by the United States Secretary of Labor pursuant to the Davis Bacon Act (40 U.S.C. 276a to 276a -5), if applicable, to pay state prevailing wages, if applicable, to comply with the sub- recipient reporting requirements of ARPA which requirements are further set forth in Exhibit C , attached hereto and incorporated he rein by this reference, if applicable, and, if applicable, to comply with the beneficiary reporting requirements of ARPA as required by 31 CFR Title 35, which requirements are further set forth in Exhibit D , attached hereto and incorporated herein by this reference.

4. ACT agrees to carry out development, construction (as defined by applicable law) and operation of the Dream Village on the Property , including, without limitation, any and all public works (as defined by applicable law), in conformity with all applicable local, state and federal laws, including, without limitation, all applicable federal and state labor laws (including, without limitation, any requirement to pay state prevailing wages). ACT expressly acknowledges and agrees that City has n ever previously affirmatively represented to ACT or its contractor(s) for the Dream Village in writing or otherwise, in a call for bids or otherwise, that the work to be covered by the bid or contract is not a “public work”, as defined in Section 1720 of the California Labor Code. ACT agrees that ACT shall have the obligation to provide any and all disclosures, representations, statements, rebidding, and/or identifications which may be required by California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, or any other provision of law. ACT agrees that ACT shall have the obligation to provide and maintain any and all bonds to secure the payment of contractors (including the payment of wages to workers performing any public work) which may be required by the California Civil Code, California Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time, or any other provision of law. ACT agrees that ACT Dream Village Grant Agreement Agreement No. A-8464
Advancing Communities Together Page 3

shall have the obligation, at ACT ’s sole cost, risk and expense, to obligate any party as may be required by California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, or any other provision of law. ACT shall indemnify, protect, defend and hold harmless City and its elected officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increased costs” (including labor costs, penalties, reasonable attorneys’ fees, court and litigation costs, and fees of expert witnesses) which, in connection with the development, construction (as defined by applicable law) and/or operation of the Dream Village, including, without limitation, a ny and all public works (as defined by applicable law), results or arises in any way from any of the following: (1) the noncompliance by ACT of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or st ate labor laws (including, without limitation, if applicable, the requirement to pay state prevailing wages); (2) the implementation of Sections 1726 and 1781 of the California Labor Code, as the same may be enacted, adopted or amended from time to time, or any other similar law; (3) failure by ACT to provide any required disclosure, representation, statement, rebidding and/or identification which may be required by California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, or any other provision of law; (4) failure by ACT to provide and maintain any and all bonds to secure the payment of contractors (including the payment of wages to workers performing any public work) which may be required by the California Civil Code, California Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time, or any other provision of law; (5) failure by ACT to obligate any party as may be required by California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, or any other provision of law. It is agreed by the parties hereto that, in connection with the development, construction (as defined by applicable law) and operation of the Dream Village , including, without limitation, any public work (as defined by applicable law), ACT shall bear all risks of payment or non-payment of state prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enact ed, adopted or amended from time to time, and/or any other provision of law; and/or (6) noncompliance with ARPA. “Increased costs” as used in this Section shall have the meaning ascribed to it in California Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time. The foregoing indemnity shall survive termination of this Agreement.

5. ACT acknowledges that, but for the execution of this Agreement , City would not make the Dream Village Grant.

6. The Dream Village Grant need not be repaid to City. Notwithstanding the foregoing, the Dream Village Grant shall be immediately repaid by ACT to City in the event that ACT is in default of any provision of this Agreement, and fails to cure such default within 10 days after receiving notice.

7. The funds used by City to make the Dream Village Grant shall be ARPA Funds .

Accordingly, ACT agrees for itself, its successors and assigns that the use of the Dream Village Grant funds shall be for purposes permitted by ARPA and for no other purpose.

Dream Village Grant Agreement Agreement No. A-8464
Advancing Communities Together Page 4

8. Due to the significant size of City’s Dream Village Grant, ACT’s extensive work to develop the Dream Village at the Property, and the value of the Dream Village to the community, it is anticipated that ACT will operate and maintain the Dream Village at the Property for as long as possible ( i.e., 10 years, assuming that adequate funding for operations from Los Angeles Homeless Services Authority (and/or other agencies) is obtained). If and when ACT ceases to operate the Dream Village at the Property, the n ACT shall promptly surrender to City ownership and possession of the modular units for placement and use thereof elsewhere, at City’s discretion.

9. ACT hereby agrees to pay all costs and expenses, including reasonable attorneys’ fees, which may be incurre d by City , in the enforcement of this Agreement or any term or provision hereof.

10. Upon the failure of ACT to perform or observe any other term or provision of this Agreement, City may exercise its rights or remedies hereunder.

11. If the rights created by thi s Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable as to any part of the obligations described herein, then the remaining obligations shall be completely performed.

12. This Agreement may not be changed orally, but only by an amendment in writing signed by ACT and City.

[remainder of page intentionally left blank]
Dream Village Grant Agreement Agreement No. A-8464
Advancing Communities Together Page 5

13. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

Executed in Palmdale, California, as of the date first set forth above.

“ACT”

Date: _________________ ADVANCING COMMUNITIES TOGETHER, a California nonprofit public benefit corporation

By:____________________________
Name: _____________________________
Its: ________________________________

By: ________________________________
Name: _____________________________
Its: ________________________________

*In accordance with California Corporations Code
Section 313, this document must be executed by the
Corporation’s Chief Executive Officer, President or
Vice-President, on the one hand, and the
Corporations’ Chief Financial Officer, Treasurer,
Assistant Treasurer or Secretary on the other hand.

[Signatures Continue on Following Page]
Dream Village Grant Agreement Agreement No. A-8464
Advancing Communities Together Page 6

“CITY”

CITY OF PALMDALE,
a charter city of the State of California

By: _______________________________ Date: _____________________________ Ronda Perez
City Manager

ATTEST:

By: ___________________________
Roxanne Faber
Acting City Clerk

APPROVED AS TO FORM:

By: ___________________________
William P. Curley III
Interim City Attorney

KANE, BALLMER & BERKMAN
City Special Counsel

By: ___________________________
Todd C. Mooney
Dream Village Grant Agreement Agreement No. A-8464
Advancing Communities Together Page 7

Exhibit A

PROPOSAL

[behind this page]
1 Palmdale’s Dream Village (Crisis - Interim Housing for Adults) Proposal UEI: WHQ2RQGDNSQ3
EIN: 45-1745040
Summary of Proposal
Advancing Communi�es Together (ACT) is pleased to submit this proposal for development and opera�on of a 20-unit Crisis Interim housing program in the city of Palmdale, called Palmdale’s Dream Village.

Over the past several years, our organiza�on has developed, rehabilitated, and currently operate an 11-bed housing facility for Transi�onal Aged Youth (TAY) and allowed u�liza�on of our main office facility located on 38626 9th St. E, Palmdale, California 93550, to serve as host of Winter Shelter Program
’s with opera�on and program services provided by different providers, including Hope of the Valley and Volunteers of America, before, during and a�er Covid pandemic. During this �me, our organiza�on
has been a willing partner with City of Palmdale and other community-based organiza�ons, to “see a need, and meet a need,” in addressing the concerns of the unhoused, developing quality affordable housing, workforce development, community engagement and public safety. We endeavor to expand our role in this collec�ve partnership with LAHSA, Valley Oasis, and other community partners, including faith-based groups, to provide quality direct services to the unhoused with standards of dignity and consistent, authen�c engagement.

We
base our plan of support, development and opera�ons, in alignment with recently approved City of Palmdale Homeless plan and related ini�a�ves, providing up to 20 individuals in crisis based interim housing, with safe and suppor�ve housing condi�ons, community engagement teams from local housing and faith based partners , wrap around services, housing naviga�on services, case management, family reunifica�on (when appropriate), health and wellness services and various workforce development programs.

Advancing Communi�es Together (ACT) submits this proposal in support of dispropor�onately impacted individuals with goals for having a safe place to rest with standards of dignity, purpose, and a solid founda�on in which to begin their transi�on from unhoused to stable and produc�ve residents of Palmdale.

We have partnered and collaborated with community-based organiza�ons, faith-based groups, local, county, state and federal governments and others throughout Los Angeles County seeking to address the needs of many. We seek to expand our role and provide each unhoused person an opportunity to be in an impac�ul and transforma�onal environment that supports their goals toward stability, u�lizing their strengths, resiliency, and community support to achieve their individual goals.

2 Interim Housing Program Service Plan
In collabora�on with community partners, we have developed a plan to address twenty unhoused adult individuals, in a “village like se�ng,” u�lizing promising prac�ces, dignity standards and support from LAHSA and other county agencies. We will follow LAHSA’s general principles, policies, and standards for program opera�on, along with other promising prac�ces and ACT’s unique way of engaging people and building rela�onships. We hope to serve sixty individuals per year, u�lizing qualified and trained staff, some with “lived experience,” providing trauma informed care, strategies of de-escala�on, and con�nued support as they successfully cycle out and into permanent housing solu�ons or appropriate programs.

ACT proposes to provide and connect eligible, qualified, and interested individuals to par�cipate in a set of program ac�vi�es/services beyond providing a bed and meal for the night, although those are necessary. Our goal is to communicate and advocate for and for everyone to seek a path toward stability while addressing any challenges and barriers in their lives. Every individual housed in the Dream Village will be treated with respect as we partner with each to set up an ac�on plan (ISTEP) that will be revisited every 90 days.

ACT will provide 3 meals and a healthy snack daily, along with an opportunity to meet formally with a transi�onal advocate (case manager) to discuss developing an ISTEP plan (Individual Stability & Engagement Plan) which will entail an intake, enrollment, progression, and naviga�on of needed services (mental health, disability, veteran support, etc.) through city, county, and community-based organiza�ons.

We propose to provide addi�onal to meet the needs of individuals who have pets by including a seventy feet dog run, addi�onal shaded areas, laundry unit with four washer/dryer units, and an onsite Counseling office, plus full-�me security and provide a community room for program ac�vi�es including workshops.

Facility Improvement and site prepara�on plans:

ACT with its main facility on 9th St E, also owns three adjacent lots totaling over 12,500 square feet. ACT also proposes the City of Palmdale provide funding for facility improvement to have site prepped, electrical, water and sewer lines installed to accommodate each Pallet unit structure. This also includes funding for surveying, engineering for u�lity and sewer plans, permits, licenses and fees. These Pallet modular units must be connected to water and electricity once site infrastructure is in place to provide running water and ligh�ng to each unit. We propose to develop this site through facility improvements which includes:
a. repairing parking lot and reusing material
b. grading lot to provide a leveled founda�on and laying concrete. c. Architectural and engineering support to design sewer and u�li�es plan, including electrical to run to each modular unit.
d. Providing persons of lived experience, were dispropor�onately impacted by Covid pandemic, disadvantaged economically, and resides locally.

ACT proposes the City of Palmdale to provide funding for Pallet Shelter modular units for interim housing campus individuals to u�lize. Pallet Shelter (palletshelter.com) products include:
3 1. 1 two stall hygiene unit with separate toilet, sink and individual shower.

2. 1 ADA accessible, two toilets, sink and 1 shower hygiene unit.

3. 1 Community Ac�vity Room (400 Sq feet) for meals and workshops.

4. 1 Laundry unit (100 sq feet) with 4 washer/dryer stackable sets.

5. 1 Housing Office for case management and 1 on 1 mee�ngs

6. 20 Housing Units (8x8) - These are fire and weather resistant units (up to 170 mph wind loads) and are pre-manufactured and delivered to the facility for installa�on.

7. Training for ACT facility crews on construc�on/deconstruc�on and maintenance of all units.

ACT also proposes for the City of Palmdale to u�lize SLFRF resources to fund this project.

According to FINAL RULE for SLFRF funding, the following are eligible uses:

Use of Funds (Obligated by dec 31, 2024 and spent by Dec 31, 2026) and eligibility:
a. To Make necessary investments in water, sewer, or broadband infrastructure.

1. Develop facility improvements with site prep, engineering, design, and construc�on to �e in electrical, sewer and water lines for Interim Housing Program to provide modular housing units, bathrooms, showers, and laundry for unhoused. b. P
ublic health and nega�ve economic Impact or dispropor�onately impacted communi�es (youth and low-income communi�es).

1. Assistance to nonprofits to provide a service with direct benefit to government and communi�es. We believe that this project would be a benefit to local government agencies, public safety, health, and wellness of communi�es and those we intend to serve and will provide addi�onal high wage job opportuni�es for residents and communi�es, especially on the east side of Palmdale.

2. De
velopment of interim housing facili�es for individuals who were dispropor�onally impacted by Covid pandemic includes people of color, immigrants, and low-income residents, especially on the East side of Palmdale where this project will be located.

The Objec�ve
Develop a progressive and stable series of safe housing units that create an environment of dignity, consistent engagement, support, and structure for unhoused to transi�on from Winter shelter to interim housing to permanent housing within the City of Palmdale.

Pallet shelter structures are cost efficient and can immediately bridge individuals between being unhoused in the streets, desert encampments or in cars, to a more stable and permanent housing solu�on for adults.

Build 20 Pallet shelter housing units within a “village” of support se�ng, providing individual interim housing units with all necessary ameni�es to provide dignity of standards values to par�cipants.

Palmdale’s Dream Village along with the twenty individual interim housing units, will also include on campus access to showers and bathroom units (including ADA compliant), laundry facili�es, community 4 building for mee�ngs, workshops and ac�vi�es, case management office, dog run and offered in a safe and secure environment. All elements that provide formerly unhoused residents with an opportunity to evaluate, plan for, and be safely supported in their progression and journey to stability and permanent housing.

This project will also provide a stable loca�on for outreach teams and case managers to find their clients when needed to con�nue their services as well as connect residents with new services that require a stable loca�on.

Through ACT’S successful appren�ceship readiness programs collabora�ng with large employers, American Job, and Career Centers (AJCC), as well local community partners and more, we will create workforce development support and resources, providing jobs and training for the unhoused and disenfranchised, and support their goals toward financial independence, high wages, and stability.

ACT also believes this program will provide other meaningful and impac�ul outcomes:
⦁ Reduce the unhoused popula�on overall in City of Palmdale. ⦁ Increase access to mental health and substance abuse treatment for those living in en
campments.
⦁
⦁
⦁
Eliminate or reduce desert encampment ac�vi�es in Palmdale.

Promote long-term housing stability and support for people experiencing homelessness; and Enhance the safety, health, and wellness of neighborhoods for all residents and businesses.

Opera�ons:

ACT will work with local agencies, law enforcement and LAHSA to set policies and procedures that adhere to evidenced based prac�ces with safety for everyone, being a priority. The interim housing campus will be ADA compliant. There are many people experiencing Houselessness who are confined to wheelchairs or are in some way with a challenging handicap so accessibility must be a requirement of the development. Site infrastructure including emergency services access, parking/guest access, handicap accessibility, residen�al pathways, fire ex�nguishers, emergency evacua�on procedures will be included.

Initial Start Up Development Funds and Drawdowns: ACT humbly request that the City of Palmdale provide initial develop funds for this project once agreements and requirements from ACT are met. These funds will allow ACT to meet a project completion deadline that is aligned with housing needs beginning in November 2023 and fabrication timelines for Pallet housing units, shipping, and installation. In order to meet this expedited timeline, ACT has set a timeline to begin breaking ground on project by August 21 for property improvements and order Pallet housing units by August 25, 2023 in order for fabrication and delivery to take place by start of November 2023 to meet interim housing needs.

Dream Village Grant Agreement Agreement No. A-8464
Advancing Communities Together Page 8

Exhibit B

BUDGET

[behind this page]
Palmdale Dream Center
PDC Dream Village
Project Name:

Developer: Advancing Communities Together
Address: 38626 9th St East SITE B, Palmdale, CA 93550White Cells are Automatically Calculated Values Uses
Acquisition Costs:

Acquisition: Land ($ -  )
Acquisition: Buildings
Total Acquisition: ($ -  )
Construction Improvements:

Contract with GC (incl profit, OH, gen conditions) ($ 40,000) Bond Premium ($ -  )
Construction Contingency ($ -  )
Total Construction: ($ 40,000)
Costs: Unit Unit Cost
Building Permit, License & Fees ($ 10,000)
Plumbing Installation 3 ($ 12,000)
Electrical Installation 25($ 112,500)
Concrete Flat/grading work ($ 90,382)
SubTotal ($ 224,882)
Pallet Shelter Cost
Cost per Housing Shelter Unit 20($ 159,900) ($ 7,995) Pallet Laundry Unit 1 ($ 39,995) ($ 39,995)
Pallet Community Room (400 sq feet) 1 ($ 39,999) ($ 39,999) Pallet Case Management office 1 ($ 11,995) ($ 11,995) Folding Bunk Bed. Aluminum frame with composite platform, 20($ 7,980) ($ 399) 120v Electrical Kit w/ 1500w Heater 21($ 29,379) ($ 1,399) Mattrees Pad 20($ 5,980) ($ 299)
A/C and Install Kit 400Sq Community Room 1 ($ 499) ($ 499) AC and Install Kits Housing Shelters 20($ 7,980) ($ 399) Assembly Cost for Shelter 20($ 24,200) ($ 1,200) Assembly Cost for 400sq Community Room 1 ($ 6,000) ($ 6,000) Shipping and Handling of units 1 ($ 33,000) ($ 33,000) Palmdale Dream Center
Pallet Tax ($ 34,512)
Total Pallet Cost ($ 401,419)
Other Costs.

Fencing ($ 25,000)
4 Stackable washer/dryer units ($ 9,000)
ADA Ramps ($ 5,000)
Landscaping and outdoor lighting ($ 25,000)
SUBTOTAL ($ 64,000)
Total from above ($ 730,301)
Soft Cost Contingency 5%($ 36,515)
Developer Fee ($ 15,000)
Total Soft Costs: ($ 51,515)
Total Development Cost: ($ 781,817)
Initial Start Cost
Total Development Sources:
($ 781,817)
Palmdale Dream Center
Start Up Cost - Drawdown #1 Dream Village:Total: $390,050 Pallet Shelter Deposit 50% $151,853.50
Initial Order of All units

1. Laundry Unit

2. Community Room

3. Case Management Office

4. Bunk Beds

5. Electrical Kits w/heaters

6. Mattress pads

7. Install Kits Community Rm

8. A/C and Install Kit shelters
Fencing to Secure site Pre/Post $25,000
Outdoor Lighting $15,000
Building Permits/Licensing/Fees $10,000
General Contractor Fees 33% $13,333
Concrete Flatwork/Grading 50% $45,191
5% Contingency 33% $12,172
Developer Fees 33% $5,000
Electrical Installation 50% 112,500
Drawdown #2 Dream Village Total: $305,060.98
Pallet Remaining Unit Cost Balance, Taxes and Shipping$219,365.98 Landscaping/Outdoor Lighting $10,000
Palmdale Dream Center
Concrete Flat work/Grading 50% $45,191
General Contractor Fees 33% $13,333
Developer Fees 33% $5,000
5% Contingency 33% $12,171
0 Drawdown #3 Dream Village $86,705
Pallet Assembly Cost (Shelters/Community room)$30,200
Plumbing Installation $12,000
$0
4 Stackable Washer/dryer units $9,000
ADA Ramps $5,000
5% Contingency 33% $12,171
General contractor Fees 33% $13,334
Developer Fees 33% $5,000

Dream Village Grant Agreement Agreement No. A-8464
Advancing Communities Together Page 9

Exhibit C

REPORTING REQUIREMENTS

[behind this page]

Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance

1 ted ieethe due

ADD cover page

November xx, 2021
Version: 2.0
June 6, 2023
Version: 5.1

Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance

2 Coronavirus State and Local Fiscal Recovery Funds
Guidance on Recipient Compliance and Reporting
Responsibilities

On March 11, 2021, the American Rescue Plan Act was signed into law, and established the Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Fund, which together make up the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) program. This program is intended to provide support to State, territorial, local, and Tribal governments in responding to the economic and public health impacts of COVID-19 and in their efforts to contain impacts on their communities, residents, and businesses.

In May 2021, Treasury published the interim final rule (“IFR”) describing eligible and ineligible uses of SLFRF, as well as other program requirements. The initial versions of this Compliance and Reporting guidance reflected the IFR and its eligible use categories. On January 6, 2022, the U.S. Department of the Treasury (“ Treasury”) adopted the final rule implementing the SLFRF program . The final rule became effective on April 1, 2022. Prior to the final rule effective date , the IFR remained in effect; funds used consistently with the IFR while it was in effect were in compliance with the SLFRF program.

However, recipients could choose to take advantage of the final rule’s flexibilities and simplifications ahead of the effective date. R ecipients may consult the Statement Regarding Compliance with the Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule for more information on compliance with the IFR and the final rule.

To support recipients in complying with the final rule, this reporting guidance reflects the final rule and provides additional detail and clarification for each recipient’s compliance and reporting responsibilities under the SLFRF program, and should be read in concert with the Award Terms and Conditions, the authorizing statute, the final rule, other program guidance including the Final Rule FAQs, and other regulatory and statutory requirements, including regulatory requirements under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements f or Federal Awards (“Uniform Guidance ” or 2 CRF Part 200) , and 2021 SLFRF Compliance Supplement – Technical Update and 2022 SLFRF Compliance Supplement . Please see the Assistance Listing in SAM.gov under assistance listing number (formerly known as CFDA number) 21.027 for more information.

Please Note: This guidance document applies to the SLFRF program only and does not change or impact reporting and compliance requirements for the Coronavirus Relief Fund (“CRF”) established by the CARES Act.

This guidance includes two parts:

Part 1: General Guidance
This section provides an orientation to recipients’ compliance responsibilities and Treasury’s expectations and recommends best practices where appropriate under the SLFRF program.

A. Key Principles……………………..……………………………………………………. P. 4
B. Statutory Eligible Uses…………………………………………………………………. P. 4 C. Treasury’s Final Rule……………………………………………………….………… P. 5 D. Uniform Guidance (2 CFR Part 200)……………..…………………………………… P. 7 E. Award Terms and Conditions………………………………...………………………...

P. 11

Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance

3 Part 2: Reporting Requirements
This section provides information on the reporting requirements for the SLFRF program.

A. Interim Report…...…………………………………………………………………...…. P. 16 B. Project and Expenditure Report…………….…………………………………...……. P. 17 C. Recovery Plan Performance Report..………………..……………………….….…… P. 34

Appendix 1: Expenditure Categories…………………………………………………….…… P. 42 Appendix 2: Evidenced-Based Intervention Additional Information…………………….…. P. 47 Appendix 3: Expenditure Categories under the Interim Final Rule……………………….. P. 48

OMB Control Number: 1505-0271

OMB Expiration Date: 04/30/2025

PAPERWORK REDUCTION ACT NOTICE

The information collected will be used for the U.S. Government to process requests for support. The estimated burden for the collections of information included in this guidance is as follows: 30 minutes for Title VI Assurances, 2 hours per response for t he Interim Report, 6 hours per response for the Project and Expenditure Report and 100 hours per response for the Recovery Plan Performance Report (if applicable). Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB.

Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance

4 Part 1: General Guidance

This section provides an orientation on recipients’ compliance responsibilities and Treasury’s expectations and recommended best practices where appropriate under the SLFRF program.

Recipients under the SLFRF program are the eligible entities identified in sections 602 and 603 of the Social Security Act as added by section 9901 of the American Rescue Plan Act of 2021 (the “SLFRF statute”) that receive an SLFRF award. Subrecipients under the SLFRF program are entities that receive a subaward from a recipient to carry out the purposes (program or project) of the SLFRF award on behalf of the recipient.

Recipients are accountable to Treasury for oversight of their subrecipients in accordance with 2 CFR 200.332, including ensuring their subrecipients comply with the SLFRF statute, SLFRF Award Terms and Conditions, Treasury’s interim final rule and final rule, applicable federal statutes, regulations , and reporting requirements.

A. Key Principles

There are several guiding principles for developing your own effective compliance regimes:
• Recipients and subrecipients are the first line of defense and responsible for ensuring the SLFRF award funds are not used for ineligible purposes, and there is no fraud, waste, or abuse associated with their SLFRF award;
• Many SLFRF-funded projects respond to the COVID-19 public health emergency and meet urgent community needs. Swift and effective implementation is vital, and recipients must balance facilitating simple and rap id program access widely across the community and maintaining a robust documentation and compliance regime;
• Treasury encourages recipients to use SLFRF -funded projects to advance shared interests and promote equitable delivery of government benefits and opportunities to underserved communities, as outlined in Executive Order 13985, On Advancing Racial Equity and Support for Underserved Communities Through the Federal Government; and
• Transparency and public accountability for SLFRF award funds and use of such funds are critical to upholding program integrity and trust in all levels of government, and SLFRF award funds should be managed consistent with Administration guidance per Memorandum M -21-20 and Memorandum M-20-21.

B. Statutory Eligible Uses

As a recipient of an SLFRF award, your organization has substantial discretion to use the award funds in the ways that best suit the needs of your constituents – as long as such use fits into one of the following four statutory categories:

1. To respond to the COVID-19 public health emergency or its negative economic impacts;

2. To respond to workers performing essential work during the COVID -19 public health emergency by providing premium pay to eligible workers of the recipient that are performing such essentia l work, or by providing grants to eligible employers that have eligible workers who perform essential work;

3. For the provision of government services, to the extent of the reduction in revenue of such recipient due to the COVID–19 public health emergency, relative to revenues collected in the most recent full fiscal year of the recipient prior to the emergency; or

4. To make necessary investments in water, sewer, or broadband infrastructure.

Treasury adopted an interim final rule in May 2021 and the final rule on January 6, 2022 to implement these eligible use categories and other restrictions on the use of funds under the SLFRF

Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance

5 program. The final rule took effect on April 1, 2022, and the interim final rule remained in effect until that time, although recipients could choose to take advantage of the final rule’s flexibilities and simplifications prior to April 1, 2022. Recipients may consult the Statement Regarding Compliance with the Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule for more information on compliance with the interim final rule and the final rule.

It is t he recipient’s responsibility to ensure all SLFRF award funds are used in compliance with the program’s requirements. In addition, recipients should be mindful of any additional compliance obligations that may apply – for example, additional restrictions imposed upon other sources of funds used in conjunction with SLFRF award funds , or statutes and regulations that may independently apply to water, broadband, and sewer infrastructure projects. Recipients should ensure they maintain proper documentation supporting determinations of costs and applicable compliance requirements, and how they have been satisfied as part of their award management, internal controls, and subrecipient oversight and management.

C. Treasury’s Final Rule

Treasury’s final rule details recipients’ compliance responsibilities and provides additional information on eligible and restricted uses of SLFRF award funds and reporting requirements.

1. Eligible and Restricted Uses of SLFRF Funds. As described in the SLFRF statute and summarized above, there are four enumerated eligible uses of SLFRF award funds. As a recipient of an award under the SLFRF program, your organization is responsible for complying with requirements for the use of funds. In addition to determining a given project’s eligibility, recipients are also responsible for determining subrecipient’s or beneficiaries’ eligibility , and must monitor subrecipients’ use of SLFRF award funds.

To help recipients build a greater understanding of eligible uses, Treasury’s final rule establishes a framework for determining whether a specific project would be elig ible under the SLFRF program, including some helpful definitions. For example, Treasury’s final rule establishes:
• A framework for determining whether a project responds to the COVID-19 public health emergency or its negative economic impacts;
• Definitions of “eligible employers,” “essential work,” “eligible workers,” and “premium pay” for cases where premium pay is an eligible use;
• The option to select between a standard amount of revenue loss or complete a full revenue loss calculation of revenue lost due to the COVID-19 public health emergency; • A framework for necessary water and sewer infrastructure projects that aligns eligible uses with projects that are eligible under the Environmental Protection Agency’s Drinking Water and Clean Water State Revolving Funds along with certain additional projects, including a wider set of lead remediation and stormwater infrastructure projects and aid for residential wells; and
• A framework for necessary broadband projects that allows for projects that are designed to provide service of sufficient speeds to eligible areas, as wel l as an affordability requirement for providers that provide service to households.

Treasury’s final rule also provides more information on important restrictions on use of SLFRF award funds , including that recipients other than Tribal governments may not deposit SLFRF funds into a pension fund; and recipients that are States or territories may not use SLFRF funds to offset a reduction in net tax revenue resulting from the recipient’s change in law, regulation, or administrative interpretation. In addition, recipients may not use SLFRF funds directly to service debt, satisfy a judgment or settlement, or contribute to a “rainy day” fund. Recipients should refer to Treasury’s final rule for more information on these restrictions.

Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance

6 Treasury’s final rule outlines that f unds 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, the final rule notes 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 (“OMB”) 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. If a recipient seeks to use SLFRF funds to satisfy match or cost -share requirements for a federal grant program, it should first confirm with the relevant awarding agency that no waiver has been granted for that program, that no other circumstances enumerated under 2 CFR 200.306(b) would limit the use of SLFRF funds to meet the match or cost -share requirement, and that there is no other statutory or regulatory impediment to using the SLFRF funds for the match or cost -share requirement. 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 . For example, t he 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.

2. Eligible Costs Timeframe. Your organization, as a recipient of an SLFRF award, may use SLFRF funds to cover eligible costs that your organization incurred during the period that begins on March 3, 2021 and ends on December 31, 2024, as long as the award funds for the obligations incurred by December 31, 2024 are expended by December 3 1, 2026. Costs for projects incurred by the recipient State, territorial, local, or Tribal government prior to March 3, 2021 are not eligible, as provided for in Treasury’s final rule.

Recipients may, in certain circumstances, use SLFRF award funds for the eligible use categories described in Treasury’s final rule for costs incurred prior to March 3, 2021.

Specifically,
a. Public Health/Negative Economic Impacts: Recipients may use SLFRF award funds to provide assistance to households, small businesses, and nonprofits to respond to the public health emergency or negative economic impacts of the pandemic – such as rent, mortgage, or utility assistance – for costs incurred by the beneficiary (e.g., a household) prior to March 3, 2021, provided that the recipient State, territorial, local or Tribal government did not incur the cost of providing such assistance prior to March 3, 2021. b. Premium Pay: Recipients may provide premium pay retrospectively for work performed at any time since the start of the COVID-19 public health emergency. Such premium pay must be “in addition to” wages and remuneration already received and the obligation to provide such premium pay must not have been incurred by the recipient prior to March 3, 2021. c. Revenue Loss: Recipients have broad discretion to use funds for the provision of government services to the extent of reduction in revenue. While calculation of lost revenue is based on the recipient’s revenue in the last full fiscal year prior to the COVID-19 public health emergency, use of funds for government services must be forward looking for costs incurred by the recipient after March 3, 2021.
d. Investments in Water, Sewer, and Broadband: Recipients may use SLFRF award funds to make necessary investments in water, sewer, and broadband infrastructure. Recipients may use SLFRF award funds to cover costs incurred for eligible projects planned or started prior to March 3, 2021, provided that the project costs covered by the SLFRF award funds were incurred by the recipient after March 3, 2021.

Any funds not obligated or expended for eligible uses by the timelines above must be returned to Treasury, including any unobligated or unexpended funds that have been provided to subrecipients and contractors as part of the award closeout process pursuant to 2 C.F.R. 200.344(d). For the purposes of determining expenditure eligibility, Treasury’s final rule provides

Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance

7 that “incurred” means the recipient has incurred an obligation, which has the same meaning given to “financial obligation” in 2 CFR 200.1.

3. Reporting. Generally, recipients must submit one initial Interim Report, quarterly or annual Project and Expenditure reports which include subaward reporting, and in some cases annual Recovery Plan reports. Treasury’s final rule and Part 2 of this guidance provide mo re detail around SLFRF reporting requirements.

4. Expenditure Categories . Treasury’s final rule provides greater flexibility and simplicity for recipients to fight the pandemic and support families and businesses struggling with its impacts , maintain vital ser vices amid revenue shortfalls, and build a strong, resilient, and equit able recovery. As such, recipients report on a broader set of eligible uses and associated Expenditure Categories (“EC”), which began with the April 2022 Project and Expenditure Report. Appendix 1 includes the new ECs, as well as a reference to previous ECs used for reporting under the interim final rule.

D. Uniform Administrative Requirements

The SLFRF awards are generally subject to the requirements set forth in the Uniform Guidance. In all instances, your organization should review the Uniform Guidance requirements applicable to your organization’s use of SLFRF funds, and SLFRF-funded projects. Additional details about applicability of certain provisions of the Uniform Guidance may be found in:

• SLFRF final rule;
• SLFRF Assistance Listing; and
• SLFRF Final Rule FAQs, including FAQ 4.9, 10.1, and Section 13.

The following sections provide a general summary of your organization’s compliance responsibilities under applicable statutes and regulations, including the Uniform Guidance, as described in the most recent compliance supplement issued by OMB . Note that the d escriptions below are only general summaries and all recipients and subrecipients are advised to carefully review the Uniform Guidance requirements and any additional regulatory and statutory requirements applicable to the program.

1. Allowable Activities. Each recipient should review program requirements, including Treasury’s final rule and the recipient’s Award Terms and Conditions, to determine and record eligible uses Assistance Listing
The Assistance Listing for the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) was published May 28, 2021 on SAM.gov under Assistance Listing Number (“ALN”), formerly known as CFDA Number, 21.027.

The assistance listing includes helpful information including program purpose, statutory authority, eligibility requirements, and compliance requirements for recipients. The ALN is the unique 5-digit number assigned to identify a federal assistance listing, and can be used to search for federal assistance program information, including funding opportunities, spending on USASpending.gov, or audit results through the Federal Audit Clearinghouse.

To expedite payments and meet statutory timelines Treasury issued initial payments under an existing ALN, 21.019, assigned to the CRF. If you have already received funds or captured the initial number in your records, please update your systems and reporting to reflect the new ALN 21.027 for the SLFRF program. Recipients must use ALN 21.027 for all financial accounting, subawards, and associated program reporting requirements for the SLFRF awards.

Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance

8 of SLFRF funds. Per 2 CFR Part 200.303, your organization must develop and implement effective internal controls to ensure that funding decisions under the SLFRF award constitute eligible uses of funds, and document determinations.

2. Allowable Costs/Cost Principles. As outlined in the Uniform Guidance at 2 CFR Part 200, Subpart E regarding Cost Principles, allowable costs are based on the premise that a recipient is responsible for the effective administration of Federal awards, application of sound management practices, and administration of Federal funds in a manner consistent with the program objectives and terms and conditions of the award. Recipients must implement robust internal controls and effective monitoring to ensure c ompliance with the Cost Principles, wh ich are important for building trust and accountability. Please note that as outlined in Final Rule FAQ 13.15, only a subset of the Uniform Guidance requirements at 2 CFR P art 200 Subpart E (Cost Principles ) applies to recipients’ use of funds in the revenue loss eligible use category.

SLFRF funds may be, but are not required to be, used along with other funding sources for a given project. Recipients should note that SLFRF funds available under the “revenue loss” eligible use category generally may be used to meet the non-federal cost-share or matching requirements of other federal programs. If a recipient seeks to use SLFRF funds to satisfy match or cost -share requirements for a federal grant program, the recipient should first confirm with the relevant awarding agency that no waiver has been granted for that program, that no other circumstances enumerated under 2 CFR 200.306(b) would limit t he use of SLFRF funds to meet the match or cost-share requirement, and that there is no other statutory or regulatory impediment to using the SLFRF funds for the match or cost -share requirement. For instance, recipients should 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 OMB has approved a waiver from this provision 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 b y 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.

Treasury’s final rule, program guidance, and the Uniform Guidance outline the types of costs that are allowable, including certain audit costs. For example, per 2 CFR 200.425, a reasonably proportionate share of the costs of audits required by the Single Audit Act Amendments of 1996 are allowable; however, costs for audits that were not performed in accordance with 2 CFR Part 200, Subpart F and the Compliance Supplement are not allowable. Please see 2 CFR Part 200, Subpart E regarding the Cost Principles for more information.

a. Administrative costs: Recipients may use funds for administering the SLFRF program, including costs of consultants to support effective management and oversight, including consultation for ensuring compliance with legal, regulatory, and other requirements.1 Further, costs must be reasonable and allocable as outlined in 2 CFR 200.404 and 2 CFR 200.405.

Pursuant to the SLFRF Award Terms and Conditions, recipients are permitted to charge both direct and indirect costs to their SLFRF award as administrative costs as long as they are accorded consistent treatment per 2 CFR 200.403. Direct costs are those that are identified specifically as costs of implementing the SLFRF program objectives, such as

1 Recipients also may use SLFRF funds directly for administrative costs to improve the design and execution of programs responding to the COVID-19 pandemic and to administer or improve the efficacy of programs addressing the public health emergency or its negative economic impacts. 31 CFR 35.6(b)(3)(ii)(E)(3).

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9 contract support, materials, and supplies for a project. Indirect costs are general overhead costs of an organization where a portion of such costs are allocable to the SLFRF award such as the cost of facilities or administrative functions like a director’s office.23 Each category of cost should be treated consistently in like circumstances as direct or indirect, and recipients may not charge the same administrative costs to both direct and indirect cost categories, or to other programs. If a recipient has a current Negotiated Indirect Costs Rate Agreement (“NICRA”) established with a Federal cognizant agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals, then the recipient may use its current NICRA. Alternatively, if the recipient does not have a NICRA, the recipient may elect to use the de minimis rate of 10 percent of the modified total direct costs pursuant to 2 CFR 200.414(f).

b. Salaries and Expenses: In general, certain employees’ wages, salaries, and covered benefits are an eligible use of SLFRF award funds. Please see Treasury’s final rule for details.

3. Cash Management. SLFRF payments made to recipients are not subject to the requirements of the Cash Management Improvement Act and Treasury’s implementing regulations at 31 CFR Part 205 or 2 CFR 200.305(b)(8)-(9).

As such, recipients can place funds in interest -bearing accounts, do not need to remit interest to Treasury, and are not limited to using that interest for eligible uses under the SLFRF award.

4. Eligibility. Under this program, recipients are responsible for ensuring funds are used for eligible purposes. Generally, recipients must develop and implement policies and procedures, and retain records, to determine and monitor implementation of criteria for determining the eligibility of beneficiaries and/or subrecipients. Your organization, and if applicable, the subrecipient(s) administering a program on behalf of your organization, will need to maintain procedures for obtaining information evidencing a given beneficiary, subrecipient, or contractor’s eligibility , including a valid SAM.gov registration (except with respect to individuals or households for which a SAM.gov registration is not requir ed). Implementing risk -based due diligence for eligibility determinations is a best practice to augment your organization’s existing controls.

5. Property Management. Any purchase of real or personal property with SLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D , unless stated otherwise by Treasury. For example, as outlined in Final Rule FAQ 13.15 , only a subset of the Uniform Guidance requirements at 2 CFR Part 200 Subpart D (Post Federal Award Requirements) applies to recipients’ use of funds in the revenue loss eligible use category. Furthermore, as outlined in Final Rule FAQ 13.16, Treasury has clarified the use and disposition requirements for real and personal property, supplies, and equipment purchased with SLFRF funds.

6. Matching, Level of Effort, Earmarking. There are no matching, level of effort, or earmarking compliance res ponsibilities associated with the SLFRF award. See Section C.1 (Eligible and Restricted Uses of SLFRF Funds) for a discussion of restrictions on use of SLFRF funds. Please see 2. Allowable Costs/Cost Principles above for information on the use of SLFRF funds for non- Federal match or cost-sharing requirements in other Federal programs.

7. Period of Performance. Your organization should also develop and implement intern al controls related to activities occurring outside the period of performance. All funds remain subject to statutory and regulatory requirements that they must be used for costs incurred by the recipient during the period that begins on March 3, 2021, and ends on December 31, 2024, and that award funds for the financial obligations incurred by December 31, 2024 must be expended by December

2 2 CFR 200.413 Direct Costs.
3 2 CFR 200.414 Indirect Costs.

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10 31, 2026. Any funds not used must be returned to Treasury as part of the award closeout process pursuant to 2 C.F.R. 200.344(d).

8. Procurement, Suspension & Debarment. Recipients are responsible for ensuring that any procurement using SLFRF funds, or payments under procurement contracts using such funds , are consistent with the procurement standards set forth in the Uniform Guidance at 2 CFR 200.317 through 2 CFR 200.327, unless stated otherwise by Treasury . As outlined in Final Rule FAQ

13.15, only a subset of the Uniform Guidance requirements at 2 CFR Part 200 Subpart D (Post Federal Award Requirements) applies to recipients’ use of funds in the revenue loss eligible use category. The procurement standards set forth in the Uniform Guidance at 2 CRF 200.317 through 2 CRF 200.327 are not in cluded in Final Rule FAQ 13.15’s list of applicable Subpart D requirements that apply to recipients’ use of funds in the revenue loss eligible use category.

The Uniform Guidance establishes in 2 CFR 200.319 that all procurement transactions for property or services must be conducted in a manner providing full and open competition, consistent with standards outline d in 2 CFR 200.320 , which allows for non -competitive procurements only in certain circumstances. Recipients must have and use documented procurement procedures that are consistent with the standards outlined in 2 CFR 200.317 through 2 CFR 200.320. The Uniform Guidance, pursuant to 2 CFR 180, requires an infrastructure for competitive bidding and contractor oversight, including maintaining written standards of conduct and prohibitions on dealing with suspended or debarred parties. Y our organization must ensure adherence to all applicable local, State, and federal procurement laws and regulations.

9. Program Income. Generally, program income includes, but is not limited to, income from fees for services performed, the use or rental of real or personal property acquired under Federal awards, and principal and interest on loans made with Federal award funds. Program income does not include interest earned on advances of Federal funds, rebates, credits, discounts, or interest on rebates, credits, or discounts. Recipients of SLFRF funds should calculate, document, and record the organization’s program income. Additional controls that your organization should implement include written policies that explicitly identify appropriate allocation methods, accounting standards and principles, compliance monitoring checks for program income calculations, and records.

The Uniform Guidance outlines the requirements that pertain to program income at 2 CFR 200.307. Treasury has clarified in its Final Rule FAQs that recipients may add program income to the Fed eral award. Any program income generated from SLFRF funds must be used for the purposes and under the conditions of the Federal award. Further, Final Rule FAQ 4.9 provides additional information about program income requirements applicable to certain eligible uses, and Final Rule FAQ 13.15 clarifies that only a subset of the Uniform Guidance requirements at 2 CFR 200 Subpart D (Post Federal Award Requirements) applies to recipients’ use of funds in the revenue loss eligible use category. The list of applic able Subpart D requirements in Final Rule FAQ 13.15 does not include the program income requirements in 2 CFR 200.307.

10. Reporting. All recipients of federal funds must complete financial, performance, and compliance reporting as required and outlined in Part 2 of this guidance. Expenditures may be reported on a cash or accrual basis, as long as the methodology is disclosed and consistently applied. Reporting must be consistent with the definition of expenditures pursuant to 2 CFR 200.1. Your organization should appropriately maintain accounting records for compiling and reporting accurate, compliant financial data, in accordance with appropriate accounting standards and principles.

In addition, where appropriate, your organization needs to establish controls to ensure completion and timely submission of all mandatory performance and/or compliance reporting. See Part 2 of this guidance for a full overview of recipient reporting responsibilities.

Consolidated jurisdictions or other types of jurisdictions that received multiple SLFRF allocations

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11 (e.g., a county and city with a consolidated government) are only required to file once per reporting period, and such reports will cover the total SLFRF allocations received by the jurisdiction. This includes Non-entitlement units of local government ( “NEUs”) and/or Units of general local government located within counties that are not units of general local governmen t. In addition, the total SLFRF allocations across all sources for a given juri sdiction will be used to identify that jurisdiction’s Reporting Tier.

11. Subrecipient Monitoring. SLFRF recipients that are pass-through entities as described under 2 CFR 200.1 are required to manage and monitor their subrecipients to ensure compliance with requirements of the SLFRF award pursuant to 2 CFR 200.332 regarding requirements for pass - through entities.

First, your organization must clearly identify to the subrecipient: (1) that the award is a subaward of SLFRF funds; (2) any and all compliance requirements for use of SLFRF funds; and (3) any and all reporting requirements for expenditures of SLFRF funds.

Next, your organization will need to evaluate each subrecipient’s risk of noncompliance based on a set of common factors. These r isk assessments may include factors such as prior experience in managing Federal funds, previous audits, personnel, and policies or procedures for award execution and oversight. Ongoing monitoring of any given subrecipient should reflect its assessed risk and include monitoring, identification of deficiencies, and follow -up to ensure appropriate remediation.

Accordingly, your organization should develop written policies and procedures for subrecipient monitoring and risk assessment and maintain records of all award agreements identifying or otherwise documenting subrecipients’ compliance obligations.

Recipients should note that NEUs are not subrecipients under the SLFRF program. They are SLFRF recipients that report directly to Treasury.

Recipients should also note that subrecipients do not include individuals and organizations that received SLFRF funds as end users. Such individuals and organizations are beneficiaries and not subject to audit pursuant to the Single Audit Act and 2 C.F.R. Part 200, Subpart F.

Many recipients may choose to provide a subaward or contract to other entities to provide services to other end users. For example, a recipient may provide a subaward to a nonprofit to provide homeless services to individuals experiencing homelessness. In this case, the subaward to a nonprofit is based on the services that the recipient intends to provide (assistance to households experiencing homelessness), and the nonprofit is serving as the subrecipient, providing services on behalf of the recipient. Subrecipients are subject to an audit pursuant to the Single Audit Act and 2 CFR part 200, subpart F regarding audit requirements, whereas contractors are not subject to an audit pursuant to t he Single Audit Act and 2 CFR part 200, subpart F regarding audit requirements.

Please note that as outlined in Final Rule FAQ 13.14, recipients’ use of funds in the revenue loss eligible use category does not give rise to subrecipient relationships. As a result, s ubaward reporting is not required for projects in the revenue loss eligible use category.

12. Special Tests and Provisions. From time-to-time, Treasury may issue subregulatory guidance as well as frequently asked questions.

Across each of the compliance requirements above, Treasury has described some best practices for development of internal controls in Table 1 below, with an example of each best practice.

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12 Table 1: Internal controls best practices
Best Practice Description Example
Written policies and
procedures
Formal documentation of
recipient policies and
procedures
Documented procedure for
determining worker eligibility
for premium pay
Written standards of
conduct
Formal statement of
mission, values, principles,
and professional standards
Documented code of
conduct / ethics for
subcontractors
Risk-based due diligence Pre-payment validations
conducted according to an
assessed level of risk
Enhanced eligibility review
of subrecipient with
imperfect performance
history
Risk-based compliance
monitoring
Ongoing validations
conducted according to an
assessed level of risk
Higher degree of monitoring
for projects that have a
higher risk of fraud, given
program characteristics
Record maintenance and
retention
Creation and storage of
financial and non-financial
records.

Storage of all subrecipient
payment information.

E. Award Terms and Conditions

The Award Terms and Conditions of the SLFRF financial assistance agreement sets forth the compliance obligations for recipients pursuant to the SLFRF statute, the Uniform Guidance, Treasury’s final rule, and applicable federal laws and regulations. Recipients should ensure they remain in compliance with all Award Terms and Conditions. These obligations include the following items in addition to those described above:

1. SAM.gov Requirements. All eligible recipients are required to have an active registration with the System for Award Management ( “SAM”) (https://www.sam.gov) pursuant to 2 CFR Part 25 .

To ensure timely receipt of funding , Treasury has stated that NEUs who have not previously registered wi th SAM.gov may do so after receipt of the award, but before the submission of mandatory reporting.4

2. Recordkeeping Requirements. Generally, your organization must maintain records and financial documents for five years after all funds have been expended or returned to Treasury, as outlined in paragraph 4.c. of the Award Terms and Conditions. Treasury may request transfer of records of long -term value at the end of such period. Wherever practicable, such records should be collected, transmitted, and stored in open and machine-readable formats.

Your organization must agree to provide or make available such records to Treasury upon request, and to the Government Accountability Office (“GAO”), Treasury’s Office of Inspector General (“OIG”), and their authorized representative in order to conduct audits or other investigations.

3. Single Audit Requirements. Recipients and subrecipients that expend more than $750,000 in Federal awards during their fiscal year will be subject to an audit under the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F regarding audit requirements.5 Note that the Compliance Supplement provides information on the existing, important compliance requirements that the federal government expects to be considered as a part of such audit. For example, t he SLFRF Compliance Supplement describe s an alternative to the Single Audit for

4 See flexibility provided in https://www.whitehouse.gov/wp-content/uploads/2021/03/M_21_20.pdf. 5 For-profit entities that receive SLFRF subawards are not subject to Single Audit requirements. However, they are subject to other audits as deemed necessary by authorized governmental entities, including Treasury and Treasury’s OIG.

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13 eligible recipients. Recipients should consult the Compliance Supplement for more infor mation about the alternative compliance examination engagement. The Compliance Supplement is routinely updated, and is made available in the Federal Register and on OMB’s website:
https://www.whitehouse.gov/omb/office-federal-financial-management/ Recipients and subrecipients should consult the Federal Audit Clearinghouse to see examples of Single Audit submissions.

4. Civil Rights Compliance . Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual o rientation and gender identity), in accordance with the following authorities:

Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88 -352, 42 U.S.C. 2000d -1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23.

In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury’s implementing regulations, 31 CFR part 22, and the Department of Justice (DOJ) regulations, Coordination of Non-discrimination in Federally Assisted Programs, 28 CFR part 42 , provide for the collection of data and information from recipients (see 28 CFR 42.406). Treasury may request that non-tribal recipients submit data for post -award compliance reviews, including information such as a narrative describing their Title VI complian ce status. As explained in Treasury FAQ 12.1, the award terms and conditions for Treasury’s pandemic recovery programs, including the SLFRF program, do not impose antidiscrimination requirements on Tribal governments beyond what would otherwise apply under federal law.

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14 Part 2: Reporting Guidance

There are three types of reporting requirements for the SLFRF program. The report requirements are approved and documented under OMB PRA number - OMB # 1505-0271. • Interim Report: Provide initial overview of status and uses of funding. This is a one -time report.

See Section A, page 16.
• Project and Expenditure Report: Report on projects funded, expenditures, and contracts and subawards equal to or greater than $50,000, and other information. See Section B, page 17. • Recovery Plan Performance Report: The Recovery Plan Performance Report (the “Recovery Plan”) will provide information on the projects that large recipients are undertaking with program funding and how they plan to ensure program outcomes are achieved in an effective, efficient, and equitable manner. It will include key performance indicators identified by the recipient and some mandatory indicators identified by Treasury. The Recovery Plan will be posted on the website of the recipient as well as provided to Treasury. See Section C, page 28.

The reporting threshold is based on the total award amount allocated by Treasury under the SLFRF program, not the funds received by the recipient as of the time of reporting.

States and territories are also required to submit information on their distributions to NEUs. Please refer to Section D for additional details.

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15 Table 2: Reporting requirements by recipient type

Tier Recipient Interim Report
Project and
Expenditure
Report
Recovery Plan
Performance
Report

1 States, U.S. territories,
metropolitan cities and
counties with a
population that exceeds
250,000 residents
By August 31,
2021 or 60
days after
receiving
funding if
funding was
received by
October 15,
with
expenditures by
category.

Note: NEUs
were not
required to
submit an
Interim Report

By January 31,
2022, and then the
last day of the
month after the end
of each quarter
thereafter

Note: NEUs were
not required to
submit a Project
and Expenditure
Report on January
31, 2022. The first
reporting date for
NEUs was April 30,
2022.

By August 31,
2021 or 60 days
after receiving
funding, and
annually
thereafter by
July 31

2 Metropolitan cities and
counties with a
population below
250,000 residents that
are allocated more than
$10 million in SLFRF
funding, and NEUs that
are allocated more than
$10 million in SLFRF
funding

3 Tribal Governments that
are allocated more than
$30 million in SLFRF
funding

4 Tribal Governments that
are allocated less than
$30 million in SLFRF
funding
By April 30, 2022,
and then annually
thereafter

5 Metropolitan cities and
counties with a
population below
250,000 residents that
are allocated less than
$10 million in SLFRF
funding, and NEUs that
are allocated less than
$10 million in SLFRF
funding

Note: Based on the period of performance, reports will be collected through April 30, 2027. See the specific due dates listed in Sections B and C.

As mentioned above, the total SLFRF allocations across all sources for a given jurisdiction will be used to identify that jurisdiction’s Reporting Tier , beginning in April of 2022. Treasury may reach out to jurisdictions to update Reporting Tiers.

The remainder of this document describes these reporting requirements. User guides describing how and where to submit required reports are posted at www.treasury.gov/SLFRPReporting and updated on a regular basis.

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16 A. Interim Report

Note: The Interim Reports were submitted under the interim final rule.

States, U.S. territories, metropolitan cities, counties, and Tribal governments were required to submit a one-time interim report with expenditures6 by Expenditure Category covering the period from March 3rd to July 31, 2021, by August 31, 2021 or sixty (60) days after first receiving funding if the recipient’s date of award was between July 15, 2021 and October 15, 2021. The recipient was required to enter obligations7 and expenditures and , for each , select the specific expenditure category from the available options. See Appendix 3 for Expenditure Categories applicable for the Interim Report.

1. Required Programmatic Data
Recipients were also required to provide the following information if they ha d or planned to have expenditures in the following Expenditure Categories.

a. Revenue replacement (EC 6.18): Key inputs into the revenue replacement formula in the Interim Final Rule and estimated revenue loss due to the Covid-19 public health emergency calculated using the formula in the Interim Final Rule as of December 31, 2020. • Base year general revenue (e.g., revenue in the last full fiscal year prior to the public health emergency)
• Fiscal year end date
• Growth adjustment used (either 4.1 percent or average annual general revenue growth over 3 years prior to pandemic)
• Actual general revenue as of the twelve months ended December 31, 2020

6 For purposes of reporting in the SLFRF portal, an expenditure is the amount that has been incurred as a liability of the entity (the service has been rendered or the good has been delivered to the entity). 7 For purposes of reporting in the SLFRF portal, an obligation is an order placed for property and services, contracts and subawards made, and similar transactions that require payment. 8 See Appendix 3 for the full Expenditure Category (EC) list. Please note that Appendix 3 includes the expenditure categories under the interim final rule, applicable to the Interim Report.

Comparison to reporting for the CRF
This guidance does not change the reporting or compliance requirements pertaining to the CRF. Reporting and compliance requirements for the SLFRF are separate from CRF reporting requirements. Differences between CRF and SLFRF include:
• Project, Expenditure , and Subaward Reporting : The SLFRF reporting requirements leverage the existing reporting regime used for CRF to foster continuity and provide many recipients with a familiar reporting mechanism. The data elements for the Project and Expenditure Report will largely mirror those used for CRF, with some minor exceptions noted in this guidance. The users’ guide will describe how reporting for CRF funds will relate to reporting for the SLFRF. • Timing of Reports: CRF reports were due within 10 days of each calendar quarter end. For quarterly reporters, SLFRF reporting will be due the last day of the month following the end of the period covered. For annual reporters, SLFRF reporting will be due on an annual schedule (see table in Section B below). • Program and Performance Reporting: The CRF reporting did not include any program or performance reporting. To build public awareness and accountability and allow Treasury to monitor compliance with eligible uses, some program and performance reporting is required for SLFRF.

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17 • Estimated revenue loss due to the Covid -19 public health emergency as of December 31, 2020
• An explanation of how revenue replacement funds were allocated to government services (Note: additional instructions was provided in the user guide)

In calculating general revenue and the other items discussed above, recipients should have used audited data if it was available. When audited data was not available, recipients were not required to obtain audited data if substantially accurate figures could be produced on an unaudited basis. Recipients should have used their own data sources to calculate general revenue and did not need to rely on revenue data published by the Census Bureau. Treasury acknowledges that due to differences in timing, data sources, and definitions, recipients’ self- reported general revenue figures may differ from those published by the Census Bureau.

Recipients were permitted to provide data on a cash, accrual, or modified accrual basis, provided that recipients are consistent in their choice of methodology throughout the covered period and until reporting is no longer required. Recipients’ reporting should align with their own financial reporting.

In calculating general revenue, recipients should have excluded all intergovernmental transfers from the federal government. This includes, but is not limited to, federal transfers made via a State to a locality pursuant to the CRF or SLFRF. To the extent federal funds are passed through States or other entities or intermingled with other funds, recipients should have attempted to identify and exclude the federal portion of those funds from the calculation of general revenue on a best-efforts basis.

Consistent with the broad latitude provided to recipients to use funds for government services to the extent of reduction in revenue, recipients were required to submit a description of services provided. This description may be in narrative or in another form, and recipients were encouraged to report based on their existing budget processes and to minimize administrative burden. For example, a recipient with $100 in revenue replacement funds available could indicate that $50 were used for law enforcement operating expenses and $50 were used for pay-go building of sidewalk infrastructure. As discussed in the interim final rule, these services can include a broad range of services but may not be used directly for pension deposits or debt service.

Reporting requirements did not require tracking the indirect effects of Fiscal Recovery Funds, apart from the restrictions on use of Fiscal Recovery Funds to offset a reduction in net tax revenue. In addition, recipients were required to indicate that Fiscal Recovery Funds were not used to make a deposit in a pension fund.

B. Project and Expenditure Report

All recipients are required to submit Project and Expenditure Reports.

Note on NEUs: To facilitate reporting, each NEU will need an NEU Recipient Number. This is a unique identification code for each NEU assigned by the State or territory to the NEU as p art of its request for funding.

1. Quarterly Reporting

The following recipients are required to submit quarterly Project and Expenditure Reports:
• States and U.S. territories
• Tribal governments that are allocated more than $30 million in SLFRF funding • Metropolitan cities and counties with a population that exceeds 250,000 residents

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18 • Metropolitan cities and counties with a population below 250,000 residents that are allocated more than $10 million in SLFRF funding and NEUs that are allocated more than $10 million in SLFRF funding.

For these recipients, the initial quarterly Project and Expenditure Report cover s three calendar quarters from March 3, 2021 to December 31, 2021 and was required to be submitted to Treasury by January 31, 2022. The subsequent quarterly reports will cover one calendar quarter and must be submitted to Treasury by the last day of the month following the end of the period covered. Quarterly reports are not due concurrent ly with applicable annual reports. Table 3 summarizes the quarterly report timelines:

Table 3: Quarterly Project and Expenditure Report Timeline Report Year Quarter Period Covered Due Date
1 2021 2 – 4 March 3 – December 31 January 31, 2022
2 2022 1 January 1 – March 31 April 30, 2022
3 2022 2 April 1 – June 30 July 31, 2022
4 2022 3 July 1 – September 30 October 31, 2022
5 2022 4 October 1 – December 31 January 31, 2023
6 2023 1 January 1 – March 31 April 30, 2023
7 2023 2 April 1 – June 30 July 31, 2023
8 2023 3 July 1 – September 30 October 31, 2023
9 2023 4 October 1 – December 31 January 31, 2024
10 2024 1 January 1 – March 31 April 30, 2024
11 2024 2 April 1 – June 30 July 31, 2024
12 2024 3 July 1 – September 30 October 31, 2024
13 2024 4 October 1 – December 31 January 31, 2025
14 2025 1 January 1 – March 31 April 30, 2025
15 2025 2 April 1 – June 30 July 31, 2025
16 2025 3 July 1 – September 30 October 31, 2025
17 2025 4 October 1 – December 31 January 31, 2026
18 2026 1 January 1 – March 31 April 30, 2026
19 2026 2 April 1 – June 30 July 31, 2026
20 2026 3 July 1 – September 30 October 31, 2026
21 2026 4 October 1 – December 31 April 30, 2027

2. Annual Reporting

The following recipients are required to submit annual Project and Expenditure Reports:
• Tribal governments that are allocated less than $30 million in SLFRF funding • Metropolitan cities and counties with a population below 250,000 residents that are allocated less than $10 million in SLFRF funding and NEUs that are allocated less than $10 million in SLFRF funding.

For these recipients, the initial Project and Expenditure Report covered from March 3, 2021 to March 31, 2022 and was required to be submitted to Treasury by April 30, 2022. The subsequent annual reports will cover one calendar year and must be submitted to Treasury by April 30. Table 4 summarizes the annual report timelines:

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19 Table 4: Annual Project and Expenditure Report timeline Report Period Covered Due Date
1 March 3, 2021 – March 31, 2022 April 30, 2022
2 April 1, 2022 – March 31, 2023 April 30, 2023
3 April 1, 2023 – March 31, 2024 April 30, 2024
4 April 1, 2024 – March 31, 2025 April 30, 2025
5 April 1, 2025 – March 31, 2026 April 30, 2026
6 April 1, 2026 – December 31, 2026 April 30, 2027

3. Required Information

The following information is required in Project and Expenditure Reports for both quarterly and annual reporting:

a. Projects: Provide information on all SLFRF funded projects. Projects are defined as a grouping of closely related activities that together are intended to achieve a specific goal or are directed toward a common purpose. These activities can include new or existing eligible government services or investments funded in whole or in part by SLFRF funding. For each project, the recipient is required to enter the project name, identification number (created by the recipient), project expenditure category (see Appendix 1), description, and status of completion. Project descriptions m ust describe the project in sufficient detail to provide an understanding of the major activities that will occur, and must be between 50 and 250 words. Projects should be defined to include only closely related activities directed toward a common purpose . Recipients should review the Required Programmatic Data described in 3.g. below and define their projects at a sufficient level of granularity.

Note: For each project, the recipient is asked to select the appropriate Expenditure Category based on the scope of the project (see Appendix 1). Projects should be scoped to align to a single Expenditure Category. For select Expenditure Categories, the recipient also is asked to provide additional programmatic data (described further below).

b. Obligations and Expenditures: Once a project is entered the recipient will be able to report on the project’s obligations and expenditures. Recipients will be asked to report:
• Current period obligation
• Cumulative obligation
• Current period expenditure
• Cumulative expenditure

c. Project Status: Once a project is entered the recipient will be asked to report on project status each reporting period, in four categories:
• Not Started
• Completed less than 50 percent
• Completed 50 percent or more
• Completed

d. Program Income: Recipients should report the program income earned and expen ded to cover eligible project costs, if applicable.

e. Adopted Budget (States, U.S. territories, metropolitan cities and counties with a population that exceeds 250,000 residents only ): Each state, territory and metropolitan city and county with a population that exceeds 250,000 residents will provide the budget adopted for each project by its jurisdiction associated with SLFRF funds. Treas ury will use this information to better understand the intended impact, identify opportunities for outreach, and understand the recipient’s progress in program implementation. Treasury is not approving or pre-approving projects or budgets.

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20 • Recipients will enter the Adopted Budget based on information that exists currently in the recipient’s financial systems and the recipient’s established budget process. Treasury understands that recipients may use different budget processes. For example, a recipient may consider a project budgeted once a legislature has appropriated funds; whereas another recipient may consider a project budgeted at the moment when the funds have been obligated.
• Additional information is provided on the differences between Adopted Budget, Obligations, and Expenditures as part of the user guide posted at www.treasury.gov/SLFRPReporting.

f. Project Demographic Distribution (applicable to Public Health and Negative Economic Impact ECs:

EC 1.1-2.37)– Collection began April 2022

Recognizing the disproportionate public health and negative economic impacts of the pandemic on many households, communities, and other entities, recipients must report whether certain types of projects are targeted to impacted and disproportionately impacted communities. Recipients will be asked to respond to the following:
a. What Impacted and/or Disproportionally Impacted population do es this project primarily serve? Please select the population primarily served.
b. If this project primarily serves more than one Impacted and/or Disproportionately Impacted population, please select up to two additional populations served.

Recipients will select from the following options:

Impacted Disproportionately Impacted
Public Health • General Public
Assistance to
Households
• Low- or-moderate income
households or populations9
• Households that experienced
unemployment
• Households that experienced
increased food or housing insecurity
• Households that qualify for certain
federal programs10
• For services to address lost
instructional time in K-12 schools:
any students that lost access to in-
person instruction for a significant
period of time
• Low-income households and
populations11
• Households and populations
residing in Qualified Census Tracts
• Households that qualify for certain
federal programs12
• Households receiving services
provided by Tribal governments
• Households residing in the U.S.
territories or receiving services from
these governments

9 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 by the Department of Health and Human Services (HHS) 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 by the Department of Housing and Urban Development (HUD).
10 For Impacted households, these programs are Children’s Health Insurance Program (“CHIP”); Childcare Subsidies through the Child Care and Development Fund (“CCDF”) Program; Medicaid; National Housing Trust Fund (“HTF”), for affordable housing programs only; Home Investment Partnerships Program (“HOME”), for affordable housing programs only.
11 Low-income households and communities are those with (i) income at or below 185 percent of the Federal Poverty Guidelines for the size of the household based on the most recently published poverty guidelines by HHS 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 by HUD.
12 For Disproportionately Impacted households, 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, Special Supplemental Nutrition Program for Women, Infants, and Children (“WIC”), Section 8 Vouchers, Low-Income Home Energy Assistance Program (“LIHEAP”), and Pell Grants.

Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance

21 Impacted Disproportionately Impacted
• Other households or populations
that experienced a negative
economic impact of the pandemic
other than those listed above
(please specify)
• For services to address educational
disparities, Title I eligible schools13
• Other households or populations
that experienced a disproportionate
negative economic impact of the
pandemic other than those listed
above (please specify)
Assistance to
Small
Businesses
• Small businesses that experienced a
negative economic impact of the
pandemic
• Classes of small businesses
designated as negatively
economically impacted by the
pandemic (please specify)
• 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
• Other small businesses
disproportionately impacted by the
pandemic (please specify)
Assistance to
Non-Profits
• Non-profits that experienced a
negative economic impact of the
pandemic (please specify)
• Classes of non-profits designated as
negatively economically impacted by
the pandemic (please specify)
• Non-profits operating in Qualified
Census Tracts
• Non-profits operated by Tribal
governments or on Tribal lands
• Non-profits operating in the U.S.
territories
• Other non-profits disproportionately
impacted by the pandemic (please
specify)
Aid to Impacted
Industries
• Travel, tourism, or hospitality sectors
(including Tribal development
districts)
• Industry outside the travel, tourism,
or hospitality sectors that
experienced a negative economic
impact of the pandemic (please
specify)
N/A

g. Subawards, Contracts, Grants, Loans, Transfers, and Direct Payments : Each recipient shall also provide detailed obligation and expenditure information for any contracts and grants awarded, loans issued, transfers made to other government entities, and direct payments made by the recipient that are equal to or greater than $50,000. As noted in Treasury’s Project & Expenditure User Guides, subaward reporting for funds spent under the revenue loss eligible use category has not been required in past reporting periods. Please note that as outlined in Final Rule FAQ 13.14, Treasury is not collecting subaward data for projects categorized under the revenue loss eligible use category.

Recipients do not need to submit separate monthly subaward reports to FSRS.gov as required pursuant to the 2 CFR Part 170, Appendix A award term reg arding reporting subaward and executive compensation, which is included in the SLFRF Award Terms and Conditions. Treasury

13 For educational services and other efforts 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 service as eligible. “Title I eligible schools” means schools eligible to receive services under section 1113 of Title I, Part A of the Elementary and Secondary Education Act of 1965, as amended (20 U.S.C. 6313), including schools served under section 1113(b)(1)(C) of that Act.

Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance

22 will submit this reporting on behalf of recipients using the $50,000 reporting threshold, timing, and data elements discussed in this guidance. If recipients choose to continue reporting to FSRS.gov in addition to reporting directly to Treasury on these funds, they may do so and will be asked to notify Treasury as part of their quarterly submission.

In general, recipients will be as ked to provide the following information for each Contract, Grant, Loan, Transfer, or Direct Payment equal to or greater than $50,000:
• Subrecipient identifying and demographic information (e.g., UEI/TIN number and location) • Award number (e.g., Award number, Contract number, Loan number) • Award date, type, amount, and description
• Award payment method (reimbursable or lump sum payment(s)) • For loans, expiration date (date when loan expected to be paid in full) • Primary place of performance
• Related project name(s)
• Related project identification number(s) (created by the recipient) • Period of performance start date
• Period of performance end date
• Quarterly obligation amount
• Quarterly expenditure amount
• Project(s)
• Additional programmatic performance indicators for select Expenditure Categories (see below)

Aggregate reporting is required for contracts, grants, transfers made to other government entities, loans, and direct payments that are below $50,000. This information will be accounted for by Expenditure Category at the project level. Note that all obligations and expenditures made directly to individuals, regardless of dollar amount, should be included in aggregate reporting.

As required by the 2 CFR Part 170, Appendix A award term regarding r eporting subaward and executive compensation, recipients must also report the names and total compensation of their five most highly compensated executives and their subrecipients’ executives for the preceding completed fiscal year if (1) the recipient received 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as provided by 2 CFR 170.320 (and subawards), and received $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act (and subawards), and (2) if the information is not otherwise public. In general, most SLFRF recipients are governmental entities with executive salaries that are already disclosed, so no additional information would be required to be reported for them . The recipient is responsible for the subrecipients’ compliance with registering and maintaining an updated profile on SAM.gov.

h. Civil Rights Compliance: Treasury will request information on recipients’ compliance with Title VI of the Civil Rights Act of 1964, as applicable, on an annual basis. This information may include a narrative describing the recipient’s compliance with Title VI, along with other questions and assurances. This collection does not apply to Tribal governments14

i. Ineligible Activities: Tax Offset Provision (States and territories only): Section 602(c)(2)(A) of the Social Security Act prohibits a State or territory from using SLFRF funds to directly or indirectly offset a reduction in the net tax revenue of the State or territory resulting from a change in law, regulation, or administrative interpretation during the covered period (the “Tax Offset Provision”).

The Final Rule implements the Tax Offset Provision at 31 CFR § 35.8. Violations of the Tax

14 Please note, as explained in Treasury FAQ 12.1, that the award terms and conditions for Treasury’s pandemic recovery programs, including the SLFRF, do not impose antidiscrimination requirements on Tribal governments beyond what would otherwise apply under federal law.

Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance

23 Offset Provision may be subject to recoupment. The following information is required for Treasury to ensure SLFRF funding is not used for ineligible activities related to the Tax Offset Provision.

For each reporting year, in the quarterly reporting cycle occurring 90 days after the end of the recipient’s fiscal year, States and territories will report certain items related to the Tax Offset Provision, as detailed below. For example, if a recipient’s fiscal year ends June 30, 2022, reporting on the Tax Offset Provision for fiscal year 2022 will be due in October 2022. All States and territories reported on the Tax Offset Provision for fiscal year 2021 in July 2022.

As indicated in the final rule, Treasury is implementing a tiered approach to reporting on the Tax Offset Provision, which is described below. Although Treasury is implementing a tiered approach to reporting, recipients should maintain records to support their compliance with the Tax Offset Provision.

The terms “reporting year,” “baseline,” “covered change,” “covered period,” “net reduction in total spending,” and “tax revenue” are defined in the Final Rule, 31 CFR § 35.3. For purposes of calculating a net reduction in total spending, total spending for the fiscal year ending 2019 should be reported on an inflation-adjusted basis, consistent with the Final Rule. Similarly, for purposes of calculating baseline tax revenue, tax revenue for the fiscal year 2019 should be reported on an inflation-adjusted basis, consistent with the Final Rule.

For purposes of reporting actual tax revenue for the requested fiscal year and baseline tax revenue for the fiscal year ending 2019,15 (a) if available, recipients should report information using audited financials and (b) recipients may provide data on a cash, accrual, or modified accrual basis, but must be consistent in their approach across all reporting periods. Similarly, for purposes of calculating a net reduction in total spending, recipients should report data using audited financials where available.

Recipients will first answer a series of summary questions to determine the tiering of their tax offset reporting:

Summary Questions
• Do you have revenue-reducing covered change(s) to report for the requested fiscal year and for future fiscal years? Yes/No
o If no, recipients have no further reporting requirements in the tax offset section. (Remaining summary questions will be greyed out).
o If yes, recipients will complete part 1 and additional fields. • Is the aggregate value of your revenue-reducing covered change(s) for the requested fiscal year less than the de minimis? Yes/No.
o If yes, recipients will complete parts 1 and 2, and no further reporting is required in the tax offset section. (Remaining summary questions will be greyed out). o If no, recipients will complete parts 1, 2 and additional fields. • Do you have a reduction in net tax revenue for the requested fiscal year, meaning that actual tax revenue for the requested fiscal year is less than baseline tax revenue? Yes/No. o If yes, recipients will complete parts 1, 2, and 3 and additional fields. o If no, recipients will complete parts 1, 2, and 3, and no further reporting is required in the tax offset section. (Remaining summary questions will be greyed out). • Do you have revenue-increasing covered change(s) and/or covered spending cuts to report for the requested fiscal year? Yes/No
o If yes, recipients will complete parts 1, 2, 3, and 4. o If no, recipients will complete the revenue reduction cap.

Reporting Part 1: Revenue-reducing Covered Changes

15 Tax revenue for fiscal year ending 2019 is relevant for calculating the recipient’s baseline.

Coronavirus State and Local Fiscal Recovery Funds
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24 • Do you have revenue-reducing covered change(s) to report for the requested fiscal year and for future fiscal years? Yes/No
o If yes, complete grid or upload spreadsheet with the name of each revenue-reducing covered change and the value of the revenue-reducing covered change for the requested fiscal year and for future fiscal years.
o If no, a recipient has no revenue-reducing covered changes to report, no additional reporting is required.
• Enter in the aggregate value of all revenue-reducing covered change(s) for the requested fiscal year.16

Revenue-reducing Covered Changes: Guidance
For each reporting year, a recipient must report the value of covered changes that the recipient predicts will have the effect of reducing tax revenue in a given reporting year (revenue-reducing covered changes), similar to the way it would in the ordinary course of its budgeting process.

The value of these revenue-reducing covered changes may be reported based on estimated values produced by a budget model, incorporating reasonable assumptions, that aligns with the recipient government’s existing approach for measuring the effects of fiscal policies, and that measures relative to a current law baseline. The revenue-reducing covered changes may also be reported based on actual values using a statistical methodology to isolate the change in year- over-year revenue attributable to the covered change(s), relative to the current law baseline prior to the change(s). Estimation approaches should not use dynamic methodologies that incorporate the projected effects of the policies on macroeconomic growth. In general and where possible, reported values should be produced by the agency of the recipient government responsible for estimating the costs and effects of fiscal policy changes. Recipients must maintain records regarding the identification and predicted effects of revenue-reducing covered changes.

Reporting Part 2: Baseline Revenue and De Minimis Threshold • Enter Baseline Revenue:
• Enter in the aggregate value of the revenue-reducing covered change(s) for the requested fiscal year as a percentage of baseline revenue:
• Is the aggregate value of the revenue-reducing covered change(s) for the requested fiscal year less than one percent of baseline revenue? Y/N
o If yes, a recipient’s aggregate value of the revenue-reducing covered changes in the reporting year is less than the de minimis threshold, and no additional reporting is required.

Baseline Revenue: Guidance
Baseline has the meaning defined in the Final Rule, 31 CFR 35.3.

Recipients must determine whether the aggregate value of the revenue-reducing covered changes in the reporting year is less than one percent of baseline revenue (the de minimis threshold).

Reporting Part 3: Actual Tax Revenue and Reduction in Net Tax Revenue • Enter Actual Tax Revenue for the requested fiscal year:
• Enter Reduction in Net Tax Revenue: baseline revenue minus actual tax revenue

16 The final rule defines covered change. “Covered change means a change in law, regulation, or administrative interpretation that reduces any tax (by providing for a reduction in a rate, a rebate, a deduction, a credit, or otherwise) or delays the imposition of any tax or tax increase. A change in law includes any final legislative or regulatory action, a new or changed administrative interpretation, and the phase-in or taking effect of any statute or rule if the phase-in or taking effect was not prescribed prior to the start of the covered period.”

Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance

25 o If the value of the reduction in net tax revenue is zero or negative (meaning that actual tax revenue is equal to or greater than baseline revenue), no additional reporting is required.

Actual Tax Revenue: Guidance
Actual tax revenue means the tax revenue received by the recipient government in the reporting year. Tax revenue has the meaning defined in the Final Rule, 31 CFR 35.3.

Reduction in Net Tax Revenue: Guidance
The reduction in net tax revenue is equal to baseline revenue minus actual tax revenue in each reporting year. If this value is zero or negative, there is no reduction in net tax revenue.

Reporting Part 4: Revenue-increasing Covered Changes and Covered Spending Cuts • Do you have revenue-increasing covered change(s) and/or covered spending cuts to report for the requested fiscal year? Yes/No.
• If yes, complete grid or upload spreadsheet with the name of each revenue-increasing covered change and the value.
• Enter in the aggregate value of revenue-increasing covered change(s):

• Enter net reduction in total spending for the requested fiscal year:
• Complete grid or upload spreadsheet of specific spending cuts and the corresponding “reporting unit”, including the name of the reporting unit, description of the spending cut, the amount of the reduction in spending in the reporting unit for the reporting year relative to its inflation-adjusted FY 2019 level, the amount of any Fiscal Recovery Funds spent in the reporting unit in the reporting year, and the amount by which the reduction in spending in the reporting unit in the reporting year exceeds the Fiscal Recovery Funds spent in the reporting unit in the reporting year, if at all.
• Enter the aggregate value of covered spending cuts.

• Enter the aggregate value of revenue-increasing covered changes + the aggregate value of covered spending cuts.
• Enter the total value of revenue-reducing covered changes minus the total of (aggregate value of revenue-increasing covered changes + aggregate value of covered spending cuts). • Is the aggregate value of revenue-reducing covered changes minus the total of (aggregate value of revenue-increasing changes + aggregate value of covered spending cuts) negative or equal to zero? (Yes/No)
o If yes, recipients have no further reporting requirements related to the Tax Offset Provision.
o If no, recipients must move on to the calculation of the revenue reduction cap.

Revenue-increasing covered changes: Guidance
If a recipient has revenue-reducing covered changes, the aggregate value of which exceed the de minimis threshold, and its actual tax revenue does not exceed baseline tax revenue, a recipient must report the value of covered changes that have had or that the recipient predicts will have the effect of increasing tax revenue in a given reporting year (revenue-increasing covered changes), similar to the way it would in the ordinary course of its budgeting process.

The value of these revenue-increasing covered changes may be reported based on estimated values produced by a budget model, incorporating reasonable assumptions, that aligns with the recipient’s existing approach for measuring the effects of fiscal policies, and that measures relative to a current law baseline. The revenue-increasing covered changes may also be reported based on actual values using a statistical methodology to isolate the change in year- over-year revenue attributable to the revenue-increasing covered change(s), relative to the current law baseline prior to the change(s). Estimation approaches should not use dynamic methodologies that incorporate the projected effects of the policies on macroeconomic growth.

Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance

26 In general and where possible, reporting should be produced by the agency of the recipient responsible for estimating the costs and effects of fiscal policy changes. Recipients should maintain records regarding revenue-increasing covered changes and estimates of such changes.

Net reduction in total spending, and tables of specific spending cuts: Guidance Recipients may cut spending in certain areas to pay for revenue-reducing covered changes, up to the amount of the recipient’s net reduction in total spending. To calculate the amount of spending cuts that are available to offset a reduction in tax revenue, the recipient must first consider whether there has been a reduction in total net spending, excluding Fiscal Recovery Funds (net reduction in total spending). As defined in the Final Rule, 35 CFR 35.3, net reduction in total spending is measured as the recipient government’s total spending for a given reporting year excluding Fiscal Recovery Funds, subtracted from its total spending for its fiscal year ending in 2019, adjusted for inflation using the Bureau of Economic Analysis’s Implicit Price Deflator for the gross domestic product of the United States for that reporting year. If that calculation yields a positive value, there has been a net reduction in total spending; if it yields zero or a negative value, there has not been a net reduction in total spending. If there has been no net reduction in total spending, a recipient will have no spending cuts to offset a reduction in net tax revenue.

Next, a recipient must determine and aggregate the value of spending cuts in each “reporting unit.” “Reporting units” are departments, agencies, or authorities of the recipient’s government.

For each reporting unit, the recipient must report (1) the amount of the reduction in spending in the reporting unit for the reporting year relative to its inflation-adjusted FY 2019 level, (2) the amount of any Fiscal Recovery Funds spent in the reporting unit in the reporting year, and (3) the amount by which the reduction in spending in the reporting year exceeds the Fiscal Recovery funds spent in the reporting unit in the reporting year. If a recipient has not spent amounts received from the Fiscal Recovery Funds in a reporting unit, the full amount of the reduction in spending counts as a covered spending cut and may be included in the aggregate value of spending cuts. If the recipient has spent amounts received from the Fiscal Recovery Funds, such amounts generally would be deemed to have replaced the amount of spending cut, and only reductions in spending above the amount of Fiscal Recovery Funds spent on the reporting unit would be eligible to offset a reduction in net tax revenue. Only such amounts above the amount of Fiscal Recovery Funds spent on the reporting unit should be included in the aggregate value of spending cuts.

To align with existing reporting and accounting, the Final Rule considers the department, agency, or authority from which spending has been cut and whether the recipient government has spent amounts received from the Fiscal Recovery Funds on that same department, agency, or authority. Some commenters on the interim final rule argued that the methodology for identifying offsetting spending cuts at the department, agency, or authority level was too restrictive, but as discussed in the final rule, Treasury maintained the approach of requiring this reporting at the department, agency, or authority level. Recipients are encouraged to define reporting units in a manner consistent with their existing budget process and should, to the extent possible, report using the same reporting unit in each reporting year. Spending cuts must be reported relative to FY 2019 spending levels, adjusted for inflation, and excluding Fiscal Recovery Funds from reporting year spending levels.

Recipients should maintain records regarding spending cuts.

Reporting Part 5: Revenue Reduction Cap
The “revenue reduction cap,” together with Part 3, ensures that recipient governments can use organic revenue growth to offset the cost of revenue-reducing covered changes. If, based on the calculations completed so far, a recipient has not yet demonstrated how its revenue-reducing

Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance

27 covered changes were offset by non-SLFRF sources, the reporting portal will auto-calculate the revenue reduction cap, which will be the lesser of the following two amounts:
• Reduction in Net Tax Revenue (baseline tax revenue minus actual tax revenue) [pre- populated from Part 3] and
• Aggregate Value of revenue-reducing covered changes minus (total of (aggregate value of revenue-increasing changes + aggregate value of covered spending cuts) [pre-populated from Part 4].

j. Required Programmatic Data (other than infrastructure projects): For all projects listed under the following Expenditure Categories (see Appendix 1), the information listed must be provided in each report.

1. Public Health and Negative Economic Impact (EC 1.1-3.5) - Collection began in April 2022 • Brief description of structure and objectives of assistance program(s), including public health or negative economic impact experienced
• Brief description of how a recipient’s response is related and reasonably proportional to a public health or negative economic impact of COVID-19.17

Note: The final rule presumes that all enumerated eligible uses for programs and services, including COVID -19 mitigation and prevention programs and services, are reasonably proportional responses to the harm identified unless a response is grossly disproportionate to the type or extent of harm experienced. Many of the Eligibility Categories encompass multiple specific enumerated eligible uses and may be provided to a variety of populations.

For example, EC 2.13 Healthy Chil dhood Environments: Services to Foster Youth or Families Involved in Child Welfare System includes a wide array of financial, educational, child development, or health supports, or other supports necessary, including supports for kinship care, and may be p rovided to foster youth and/or families involved in the child welfare system. Between these two fields above, recipients should provide enough information to identify the type of enumerated eligible use being provided within the EC (e.g., kinship care support services) , the public health or economic impact experienced, who the program and/or service is being provided to, and what services are being provided (e.g., respite resources) . For enumerated eligible uses, recipients are not require d to provide substantive documentation that the response is related and reasonably proportional in the Project and Expenditure Report.

2. Capital Expenditures (EC 1.1 -3.5) - Collection began in January 2022, with additional fields required starting in July 2022
• Does this project include a capital expenditure? (Collection began in January 2022) • Total expected capital expenditure, including pre -development cost s, if applicable (Collection began in January 2022)
• Type of capital expenditure, based on the following enumerated uses (Collection began in July 2022):
▪ COVID-19 testing sites and laboratories, and acquisition of related equipment ▪ COVID-19 vaccination sites
▪ Medical facilities generally dedicated to COVID -19 treatment and mitigation (e.g., emergency rooms, intensive care units, telemedicine capabilities for COVID -19 related treatment)
▪ Temporary medical facilities and other measures to increase COVID -19 treatment capacity, including related construction costs
▪ Acquisition of equipment for COVID-19 prevention and treatment, including ventilators, ambulances, and other medical or emergency services equipment

17 Please note that capital expenditures are not considered “programs and services” and are not presumed to be reasonably proportional responses to an identified harm except as provided in the final rule.

Coronavirus State and Local Fiscal Recovery Funds
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28 ▪ Emergency operations centers and acquisition of emergency response equipment (e.g., emergency response radio systems)
▪ Installation and improvement of ventilation systems in congregate settings, health facilities, or other public facilities
▪ Public health data systems, including technology infrastructure ▪ Adaptations to congregate living facilities, including skilled nursing facilities, other long-term care facilities, incarceration settings, homeless shelters, residential foster care facilities, residential behavioral health treatment, and other group living facilities, as well as public facilities and schools (excluding construction of new facilities for the purpose of mitigating spread of COVID-19 in the facility) ▪ Mitigation measures in small businesses, nonprofits, and impacted industries (e.g., developing outdoor spaces)
▪ Behavioral health facilities and equipment (e.g., inpatient or outpatient mental health or substance use treatment facilities, crisis centers, diversion centers) ▪ Technology and equipment to allow law enforcement to efficiently and effectively respond to the rise in gun violence resulting from the pandemic ▪ Affordable housing, supportive housing, or recovery housing development ▪ Food banks and other facilities primarily dedicated to addressing food insecurity ▪ Transitional shelters (e.g., temporary residences for people experiencing homelessness)
▪ Devices an d equipment that assist households in accessing the internet (e.g., tablets, computers, or routers)
▪ Childcare, daycare, and early learning facilities
▪ Job and workforce training centers
▪ Improvements to existing facilities to remediate lead contaminants (e.g., removal of lead paint)
▪ Medical equipment and facilities designed to address disparities in public health outcomes (includes primary care clinics, hospitals, or integrations of health services into other settings)
▪ Parks, green spaces, recreational facil ities, sidewalks, pedestrian safety features like crosswalks, streetlights, neighborhood cleanup, and other projects to revitalize public spaces
▪ Rehabilitations, renovation, remediation, cleanup , or conversions of vacant or abandoned properties
▪ Schools an d other educational facilities or equipment to address educational disparities
▪ Technology and tools to effectively develop, execute, and evaluate government programs
▪ Technology infrastructure to adapt government operations to the pandemic (e.g., video-conferencing software, improvements to case management systems or data sharing resources), reduce government backlogs, or meet increased maintenance needs
▪ Other (please specify)
• For recipients (other than Tribal governments) investing in projects wit h total expected capital expenditure s for an enumerated eligible use of $10 million or more, as well as projects with total expected capital expenditures for an “other” use of $1 million or more, provide a written justification (Collection began in July 2022) • For projects with total expected capital expenditures of over $10 million, provide labor reporting as outlined for infrastructure projects on pages 26 and 27 (Collection began July 2022)

Coronavirus State and Local Fiscal Recovery Funds
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29 3. Household Assistance (EC 2.1-2.8) – Collection began January 2022:
• Number of households served (by program if recipient establishes multiple separate household assistance programs)

4. Small Business Economic Assistance (EC 1.8, 2.29-2.33) – Collection began April 2022 • Number of small businesses served (by program if recipient establishes multiple separate small business assistance programs)

5. Assistance to Non-Profits (EC 1.9, 2.34)- Collection began April 2022 • Number of Non-Profits served (by program if recipient establishes multiple separate non- profit assistance programs)

6. Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (EC 1.10, 2.35-2.36) – Collection began April 2022:
• If aid is provided to industries other than travel, tourism, and hospitality (EC 2.36), describe if the industry experienced at least 8 percent employment loss from pre- pandemic levels, or 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, and rationale for providing aid to the industry
• For each subaward:
o Sector of employer (Note: additional detail, including list of sectors, to be provided in the user guide posted to www.treasury.gov/SLFRP)
o Purpose of funds (e.g., payroll support, safety measure implementation)

7. Education Assistance (EC 2.14, 2.24-.2.27) – Collection began in January 2022:
• The National Center for Education Statistics (“NCES”) School ID or NCES District ID. List the School District if all schools within the school district received some funds. If not all schools within the school district received funds, list the School ID of the schools that received funds. These can allow evaluators to link data from the NCES to look at sc hool- level demographics and, eventually, student performance.18

8. Payroll for Public Health and Safety Employees (EC 3.1) – Collection began in January 2022:
• Number of government FTEs responding to COVID-19 supported under this authority

9. Rehiring Public Sector Staff (EC 3.2) – Collection began in January 2022:
• Number of FTEs rehired by governments under this authority

10. Premium Pay (both Public Sector EC 4.1 and Private Sector EC 4.2) – Collection began in January 2022; additional field began in April 2022
• List of sectors designated as critical to protecting the health and well-being of residents by the chief executive of the jurisdiction, if beyond those included in the final rule (Collection began January 2022)
• Number of workers to be served (Collection began January 2022) • Employer sector for all subawards to third -party employers (i.e., employers other than the State, local, or Tribal government) (Collection began January 2022) • For groups of workers (e.g., an operating unit, a classification of worker, etc.) or, to the extent applicable, individual workers, other than those where the eligible worker receiving premium pay is earning (with the premium pay included) 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

18 For more information on NCES identification numbers see https://nces.ed.gov/ccd/districtsearch/ (districts) and https://nces.ed.gov/ccd/schoolsearch/ (schools).

Coronavirus State and Local Fiscal Recovery Funds
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30 higher, on an annual basis; OR the eligible worker receiving premium pay is not exempt from the Fair Labor Standards Act overtime provisions:
▪ A brief written narrative justification of how the premium pay or grant is responsive to workers performing essential work during the public health emergency. This could include a description of the essential workers’ duties, health or financial risks faced due to COVID-19, and why the recipient government determined that the premium pay was responsive to workers performing essential work during the pandemic. This description should not include personally identifiable information; when addressing individual workers, recipients should be careful not to include this information. Recipients may consider describing the workers’ occupations and duties in a general manner as necessary to protect privacy (Collection began January 2022)
• Number of workers to be served with premium pay in K-12 schools (Collection began April 2022)

11. Revenue replacement (EC 6.1) – Collection began in August 2021:

As outlined in the final rule, recipients have the option to make a one-time decision to calculate revenue loss according to the formula outlined in the final rule or elect a “Standard Allowance” of up to $10 million, not to exceed the award allocation, to spend on government services throughout the period of performance. The option to make this one-time decision was provided during the April 30, 2022 reporting deadline.

For recipients electing the “Standard Allowance,” Treasury will presume that up to $10 million, not to exceed the award allocation, in revenue has been lost due to the public health emergency. Recipients are permitted to use that amount to fund “government services.” Please note that electing the standard allowance does not change a recipient’s total allocation. Recipients that elect to use this standard allowance will make this election instead of calculating lost revenue using the formula.

For recipients calculating revenue loss according to the formula, the final rule permits recipients to choose whether to use calendar or fiscal year calculation dates. Recipients must use the same calculation time frame (calendar or fiscal year) throughout the award period.

Recipients calculating lost revenue using the formula should report the following:
• Choice of fiscal or calendar year revenue loss (choice must remain consistent throughout award period)
• General revenue collected over the past 12 months as of the most recent calculation date, as outlined in the final rule.
• Calculated revenue loss due to the Covid-19 public health emergency; and • An explanation of how the revenue replacement funds were allocated to government services (note: additional instructions and/or template provided in the user guide posted at www.treasury.gov/SLFRPReporting).

For information on treatment of future tax changes, please see the Statement Regarding Compliance with the Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule.

k. Required Programmatic Data for Infrastructure Projects (EC 5) : For all projects listed under the Water, Sewer, and Broadband Expenditure Categories (see Appendix 1), more detailed project - level information is required. Each project will be required to report expenditure data as described above, but will also report the following information:

1. All infrastructure projects (EC 5) – Collection began in January 2022:

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31 • Projected/actual construction start date (month/year) • Projected/actual initiation of operations date (month/year) • Location
• For projects over $10 million (based on expected total cost):
a. A recipient may provide a certification that, for the relevant project, all laborers and mechanics employed by contractors and subcontractors in the performance of such project are paid wages at rates not less than those prevailing, as determined by the U.S. Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the “Davis -Bacon Act”), for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State (or the District of Columbia) in which the work is to be performed, or by the appropriate State entity pursuant to a corollary State prevailing-wage-in-construction law (commonly known as “baby Davis-Bacon Acts”). If such certification is not provided, a recipient must provide a project employment and local impact report detailing:
▪ The number of employees of contractors and sub -contractors working o n the project;
▪ The number of employees on the project hired directly and hired through a third party;
▪ The wages and benefits of workers on the project by classification; and ▪ Whether those wages are at rates less than those prevailing.19 Recipients must maintain sufficient records to substantiate this information upon request.
b. A recipient may provide a certification that a project includes a project labor agreement, meaning a pre-hire collective bargaining agreement consistent with section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f)). If the recipient does not provide such certification, the recipient must provide a project workforce continuity plan, detailing:
▪ How the recipient will ensure the project has ready access to a sufficient supply of appropriately skilled and unskilled labor to ensure high -quality construction throughout the life of the project , including a description of any required professional certifications and/or in-house training;
▪ How the recipient will minimize risks of labor disputes and disruptions that would jeopardize timeliness and cost-effectiveness of the project; ▪ How the recipient will provide a safe and healthy workplace that avoids delays and costs associated with workplace illnesses, injuries , and fatalities , including descriptions of safety training, certification, and/or licensure requirements for all relevant workers (e.g., OSHA 10, OSHA 30);
▪ Whether workers on the project will receive wages and benefits that will secure an appropriately skilled workforce in the context of the local or regional labor market; and
▪ Whether the project has completed a project labor agreement. c. Whether the project prioritizes local hires.
d. Whether the project has a Community Benefit Agreement, with a description of any such agreement.

2. Water and sewer projects (EC 5.1-5.18) Required once the project starts:
• National Pollutant Discharge Elimination System (NPDES) Permit Number (if applicable; for projects aligned with the Clean Water State Revolving Fund) (Collection beg an in January 2022)

19 As determined by the U.S. Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the “Davis-Bacon Act”), for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State (or the District of Columbia) in which the work is to be performed.

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32 • Public Water System (PWS) ID number (if applicable; for projects aligned with the Drinking Water State Revolving Fund) (Collection began January 2022) • Median Household Income of service area (Collection began in April 2022) • Lowest Quintile Income of the service area (Collection began in April 2022)

3. Broadband projects (EC 5.1 9-5.21) Collection includes new fields that began in July 2022 .

Additional fields will be phased in through future reporting periods, as noted below.

Overall Project Information
• Confirm that the project is designed to, upon completion, reliably meet or exceed symmetrical 100 Mbps download and upload speeds.
o If the project is not designed to reliably meet or exceed symmetrical 100 Mbps download and upload speeds, explain why not, and
o Confirm that the project is designed to, upon completion, meet or exceed 100 Mbps download speed and between at least 20 Mbps and 100 Mbps upload speed, and be scalable to a minimum of 100 Mbps download speed and 100 Mbps upload speed. • Confirm that the service provider for the project has, or will upon completion of the project, either participated in the Federal Communications Commission (FCC)’s Affordable Connectivity Program (ACP) or otherwise provided access to a broad-based affordability program that provides benefits to households commensurate with those provided under the ACP to low -income consumers in the proposed service area of the broadband infrastructure (applicable only to projects that provide service to households).

Detailed Project Information
• Project technology type(s) (Planned/Actual)
o Fiber
o Coaxial Cable
o Terrestrial Fixed Wireless
o Other (specify)
• Total miles of fiber deployed (Planned/Actual)
• Total number of funded locations served (Planned/Actual) o Total number of funded locations served, broken out by speeds:
▪ Pre-SLFRF Investment:
• Number receiving 25/3 Mbps or below
• Number receiving between 25/3 Mbps and 100/20 Mbps
▪ Post-SLFRF Investment (Planned/Actual):
• Number receiving minimum 100/100 Mbps
• Number receiving minimum 100/20 Mbps and scalable to minimum 100/100 Mbps
o Total number of funded locations served, broken out by type (Planned/Actual):
▪ Residential
• Total Housing Units
▪ Business
▪ Community anchor institution
• Speed tiers offered, corresponding non-promotional prices, including associated fees, and data allowance for each speed tier of broadband service (collection to be phased in a future reporting period)

Location-by-Location Project Information
For each location served by a Project, the recipient must collect from the subrecipient or contractor and submit the following information to Treasury using a predetermined file format that will be provided by Treasury (collection of certain fields will begin in October 2022, as specified below):

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33 • Latitude/longitude at the structure where service will be installed (required starting October 2022)Technology used to offer service at the location (required starting October 2022) • Location type (required starting October 2022)
o Residential
▪ If Residential, Number of Housing Units
o Business
o Community anchor institution
• Speed tier at the location pre-SLFRF investment (collection to be phased in) o 25/3 Mbps or below
o Between 25/3 Mbps and 100/20 Mbps
• Speed and latency at the location post-SLFRF investment (collection to be phased in) o Maximum download speed offered
o Maximum download speed delivered
o Maximum upload speed offered
o Maximum upload speed delivered
o Latency
• Standardized FCC Identifiers
o Fabric ID # (Broadband Serviceable Fabric Locations)
o FCC Issued Provider ID #

l. Additional Required Programmatic Data for States, U.S. territories, and metropolitan cities and counties with a population that exceeds 250,000 residents only: As noted in the Recovery Plan section of this guidance, states, U.S. territories, and metropolitan cities and counties with a population over 250,000 are required to provide additional data in the Project and Expenditure report for projects in the following expenditure categories:

1. Use of Evidence (for relevant ECs noted in Appendix 1)—Collection began April 2022 • The dollar amount of the total project spending that is allocated towards evidence -based interventions
• Whether a program evaluation of the project is being conducted

2. Household Assistance (EC 2.2, Long-Term Housing Security (EC 2.15 -2.16) and Housing Support (EC 2.17-2.18):
• Number of households receiving eviction prevention services (including legal representation)
• Number of affordable housing units preserved or developed

3. Assistance to Unemployed or Underemployed Workers (EC 2.10) and Community Violence Interventions (EC 1.11):
• Number of workers enrolled in sectoral job training programs • Number of workers completing sectoral job training programs • Number of people participating in summer youth employment programs

4. Addressing Educational Disparities (EC 2.24 -2.26) and Addressing Impacts of Lost Instructional Time (EC 2.27):
• Number of students participating in evidence-based tutoring programs20

5. Healthy Childhood Environments (EC 2.11-2.14):

20 For more information on evidence-based tutoring programs, refer to the U.S. Department of Education’s 2021 ED COVID-19 Handbook (Volume 2), which summarizes research on evidence-based tutoring programs (see the bottom of page 20.

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34 • Number of children served by childcare and early learning services (pre-school/pre-K/ages 3-5)
• Number of families served by home visiting

m. NEU Documentation (NEUs only): Each NEU is also required to provide the following information once its accounts are established in Treasury’s Reporting Portal and prior to the due date for their first Project and Expenditure Report (due April 30, 2022):
• Copy of the signed award terms and conditions agreement (which was signed and submitted to the State as part of the request for funding)
• Copy of the signed assurances of compliance with Title VI of the Civil Rights Act of 1964 (which was signed and submitted to the State as part of the request for funding) • Copy of actual budget documents validating the top-line budget total provided to the State as part of the request for funding

NEU accounts are established in Treasury’s Portal based on information provided by the States or territories, as further described in Section Part 2 D below.

C. Recovery Plan Performance Report

States, territories, and metropolitan cities and counties with a population that exceeds 250,000 residents (i.e., Tier 1 recipients) will also be required to publish and submit to Treasu ry a Recovery Plan performance report (“Recovery Plan”). Each Recovery Plan must be posted on an easily discoverable webpage on the public-facing website of the recipient by the same date the recipient submits the report to Treasury. Treasury recommends that Recovery Plans be accessible within three clicks or fewer from the homepage of the recipient’s website. Within Treasury’s reporting porta l, recipients must upload a link to the publicly available Recovery Plan and provide required data.

The Recovery Plan provides the public and Treasury both retrospective and prospective information on the projects recipients are undertaking or planning to undertake with program funding and how they are planning to ensure program outcomes are achieved in an effective, efficient, and equitable manner. While this guidance outlines some minimum requirements for the Recovery Plan, each recipient is encouraged to add info rmation to the plan that they feel is appropriate to provide information to their constituents on efforts they are taking to respond to the pandemic and promote economic recovery. Each jurisdiction may determine the general form and content of the Recover y Plan, as long as it includes the minimum information required by Treasury. Treasury provided a template (located at www.treasury.gov/SLFRP) but recipients may modify this template as appropriate for their jur isdiction, provided the modified template meets Treasury’s requirements, outlined below. Through the Recovery Plan, recipients may link to public documents, including, but not limited to, legislation, dashboards, survey results, community engagement report s, and equity frameworks to support the Recovery Plan narrative. T he Recovery Plan should include key performance indicators identified by the recipient and some mandatory indicators identified by Treasury, as noted below.

The initial Recovery Plan covered the period from the date of award to July 31, 2021 and was required to be submitted to Treasury by August 31, 2021, or 60 days after receiving funding. Thereafter, the Recovery Plan will cover a 12 -month period and recip ients are required to submit the report to Treasury after the end of the 12 -month period by July 31 . The Recovery Plan should include both retrospective information covering the time period of the Recovery Plan along with prospective information on future work to be undertaken with SLFRF funds or on the planning that has been undertaken during the covered period. Table 5 summarizes the report timelines:

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35 Table 5 Recovery Plan Timeline
Annual
Report
Period Covered Due Date
1 Award Date – July 31, 2021 August 31, 2021 or 60 days after receiving funding
2 July 1, 2021 – June 30, 2022 July 31, 2022
3 July 1, 2022 – June 30, 2023 July 31, 2023
4 July 1, 2023 – June 30, 2024 July 31, 2024
5 July 1, 2024 – June 30, 2025 July 31, 2025
6 July 1, 2025 – June 30, 2026 July 31, 2026
7 July 1, 2026 – December 31, 2026 April 30, 2027

Recovery Plans submitted as part of reporting are used by Treasury, third party organizations, the public, and other stakeholders to obtain a comprehensive understanding of SLFRF’s largest recipients’ planned and actual usage of SLFRF funding, including th e jurisdiction’s policy goals, its strategy for achieving them, and specific projects or initiatives underway. Alignment of data reported in Project and Expenditure reports and Recovery Plans is expected by both Treasury and SLFRF’s many stakeholders. Fina lly, Recovery Plans will be posted publicly by Treasury to provide transparency about how program funds are being used by recipient governments.

The Recovery Plan must include, at a minimum, the following information:

1. Executive Summary
In this section, recipients should provide a high-level overview of the jurisdiction’s intended and actual uses of funding including, but not limited to: the jurisdiction’s strategy, goals, and plan for using Fiscal Recovery Funds to respond to the pandemic and promote economic recovery, key outcome goals, progress to date on those outcomes, and any noteworthy challenges or opportunities identified during the reporting period.

2. Uses of Funds
In this section, recipients should describe in further detail the strategy and goals of their jurisdiction’s SLFRF program, such as how their jurisdiction’s approach would help support a strong and equitable recovery from the COVID-19 pandemic and economic downturn. Recipients should describe how their intended and actual uses of funds will achieve their goals . Given the broad eligible uses of funds established by the final rule and the specific needs of different jurisdictions, recipients should also explain how the funds would support the communities, populations, or individuals in their jurisdiction.

Recipients should describe how their use of funds supports their overall strategy and goals in the following areas:
a. Public Health (EC 1) : As relevant, describe how funds are being used to respond to COVID-19, the broader health impacts of COVID -19, and the COVID-19 public health emergency, including community violence interventions and behavioral health. b. Negative Economic Impacts (EC 2) : As relevant, describe how funds are being used to respond to negative economic impacts of the COVID -19 public health emergency, including services to households (such as affordable housing, job training, and childcare), small businesses , non - profits, and impacted industries.
c. Public Health-Negative Economic Impact: Public Sector Capacity (EC 3): As relevant, describe how funds are being used to support public sector workforce and capacity, including public sector payroll, rehiring of public sector workers, and building of public sector capacity. d. Premium Pay (EC 4) : As relevant, describe the approach, goals, and sectors or occupations served in any premium pay program. Describe how the approach prioritizes low-income workers and/or any particular group of eligible workers.
e. Water, sewer, and broadband infrastructure (EC 5): As relevant, describe the approach, goals, and types of projects being pursued . Where relevant, recipients should note how project s

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36 contribute to addressing climate change and/or how projects benefit disadvantaged communities in line with the Justice40 Initiative.21
f. Revenue Replacement (EC 6) : Describe the loss in revenue , including if electing the standard allowance, due to the COVID -19 public health emergency , and how funds have been used to provide government services, including any funds used under revenue loss for non -federal cost- share or matching requirements of other federal programs.

If appropriate, recipients may also include information on their jurisdiction’s use (or planned use) of other federal recovery funds , including other programs under the American Rescue Plan such as Emergency Rental Assistance, the Homeowner Assistance Fund, the Capital Projects Fund, the State Small Business Credit Initiative, and so forth, to provide broader context on the overall approach for pandemic recovery. Jurisdictions may also address use of SLFRF funds in coordination with, or in preparation for, funding available through the Infrastructure Investment and Jobs Act.

3. Promoting equitable outcomes

Treasury encourages uses of funds that advance strong, equitable growth, including economic and racial equity. For the purposes of the SLFRF, equity is described in the Executive Order 13985 On Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, as issued on January 20, 2021.

In this section, recipients should describe, as applicable, their efforts to promote equitable outcomes, including economic and racial equity, and their efforts to design, implement, and measure their SLFRF program and projects with equity in mind.

In describing their efforts to design their SLFRF program and projects with equity in mind, recipients may consider the following:
a. Goals: Are there particular historically underserved, marginalized, or adversely affected groups that recipients intend to serve within their jurisdiction? b. Awareness: How equitable and practical is the ability for residents or businesses to become aware of the services funded by SLFRF?
c. Access and Distribution: Are there differences in levels of access to benefits and services across groups? Are there administrative requirements that res ult in disparities in ability to complete applications or meet eligibility criteria?
d. Outcomes: How are intended outcomes focused on closing gaps and/or reaching universal levels of service? How is the considering disaggregating outcomes by race, ethnicity, and other equity dimensions where relevant for the policy objective?

In describing their efforts to implement their SLFRF program and projects with equity in mind, recipients may consider the following:

a. Goals and Targets: Please describe how planned or current uses of funds prioritize economic and racial equity as a goal, name specific targets intended to produce meaningful equity results at scale, and include initiatives to achieve those targets. b. Project Implementation: In addition, please explain how the jurisdiction’s overall equity strategy translates into focus areas for SLFRF projects and the specific services or programs offered by the jurisdiction in the following Expenditure Category, as indicated in the final rule.

Negative Economic Impacts (EC 2) : assistance to households, small businesses, and non - profits to address impacts of the pandemic, which have been most severe among low-income populations. This includes assistance with food, housing, and other needs; em ployment programs for people with barriers to employment who faced negative economic impacts from

21 See Executive Order 14008, On Tackling the Climate Crisis at Home and Abroad and the Interim Implementation Guidance for the Justice40 Initiative, OMB M-21-28.

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37 the pandemic (such as residents of low -income neighborhoods, minorities, disconnected youth, the unemployed, formerly incarcerated people, veterans, and peopl e with disabilities); services to provide long -term housing security and housing supports, address educational disparities, or provide child care and early learning services; and other strategies that provide impacted and disproportionately impacted communities with services to address the negative economic impacts of the pandemic

The first annual Recovery Plan, due in 2021, was required to describe initial efforts and intended outcomes to promote equity , as applicable . Beginning in 2022, e ach annual Recovery Plan must provide an update, using qualitative and quantitative data, on how the recipients’ approach achieved or promoted equitable outcomes or progressed against equity goals during the performance period , as applicable. Each jurisdiction should describe any constraints or challenges that impacted project success in terms of incre asing equity. In particular, this section should describe the geographic and demographic distribution of funding, including whether it is targeted toward traditionally marginalized communities (recipients may reference the demographic data information in t heir Project and Expenditure Reports as relevant).

4. Community Engagement
In this section, recipients should describe how their jurisdiction’s planned or current use of funds incorporates community engagement strategies including written feedback through surveys, project proposals, and related documents; oral feedback through community meetings, issue -specific listening sessions, stakeholder interviews, focus groups, and additional public engagement; as well as other forms of input, such as steering committees, taskforces, and digital campaigns that capture diverse feedback from the community. Recipients may describe completed or planned community engagement strategies specifically focused o n their SLFRF program and projects or community engagement strategies that included SLFRF among other government programs. Recipients should also describe how community engagement strategies support their equity goals, including engagement with communities that have historically faced significant barriers to services, such as people of color, people with low incomes, limited English proficient populations, and other traditionally underserved groups.

5. Labor Practices
In this section, recipients should describe workforce practices on any infrastructure projects or capital expenditures being pursued. How are projects using strong labor standards to promote effective and efficient delivery of high -quality infrastructure projects while also supporting the econom ic recovery through strong employment opportunities for workers? For example, report whether any of the following practices are being utilized: project labor agreements, community benefits agreements, prevailing wage requirements, and local hiring.

6. Use of Evidence
In this section of the Recovery Plan, recipients should describe whether and how evidence-based interventions and/or program evaluation are incorporated into their SLFRF program. Recipients may include links to evidence standards, evidence dashboards, evaluation policies, and other public facing tools that are used to track and communicate the use of evidence and evaluation for Fiscal Recovery Funds. Recipients are encouraged to consider how a learning agenda, either narrowly focused on SLFRF or broadly focused on the recipient’s broader policy agenda, could support their overarching evaluation efforts in order to create an evidence-building strategy for their jurisdiction.22

In the Project Inventory section of the Recovery Plan (see Section 8 below), recipients should identify whether SLFRF funds are being used for evidence-based interventions23 and/or if projects are being evaluated through rigorous program evaluations that are designed to buil d evidence. In the Project Inventory, recipients must briefly describe the goals of the project and the evidence base for the

22 For more information on learning agendas, please see OMB M-19-23 23 As noted in Appendix 2, evidence-based refers to interventions with strong or moderate levels of evidence.

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38 interventions funded by the project. As part of the Project Inventory section, r ecipients must also specifically identify the dollar amount of the total project spending that is allocated towards evidence- based interventions for each project in the Expenditure Categories noted with an asterisk in Appendix

1. Please note that to increase consistency, the Project and Expenditure repor t now also includes fields for recipients to identify t he dollar amount of the total project spending that is allocated to evidence-based interventions and to indicate if a program evaluation of the project is being conducted.

Recipients are encouraged to reference relevant evidence clearinghouses, among other sources, to assess the level of evidence for their interventions and identify evidence-based models that could be applied in their jurisdiction; such evidence clearinghouses include the U.S. Department of Education’s What Works Clearinghouse , the U.S. Department of Labor’s CLEAR, and the Childcare & Early Education Research Connections and the Home Visiting Evidence of Effectiveness clearinghouses from Administration for Children and Families, as well as other clearinghouses relevant to particular projects conducted by the recipient.

Recipients are exempt from reporting on evidence -based interventions in cases where a program evaluation is being conducted. In such cases where a recipient is conducting a program evaluation , recipients must describe the evaluation design , including whether it is a randomized or quasi - experimental design; the key research questions being evaluated; whether the study has sufficient statistical power to disaggregate outcomes by demographics; and the timeframe for the completion of the evaluation (including a link to the completed evaluation if relevant).24 Once the evaluation has been completed, recipients must post the evaluation public ly and link to the completed evaluation in the Recovery Plan. Once an evaluation has been completed (or has sufficient interim findings to determine the efficacy of the intervention), recipients should determine whether the spending for the evaluated interventions should be counted towards the dollar amount categorized as evidence-based for the relevant project.

For all projects, recipients may be selected to participate in a national evaluation, which might, for example, study their project along with si milar projects in other jurisdictions that are focused on the same set of outcomes. In such cases, recipients may be asked to share information and data that is needed for the national evaluation.

Appendix 2 contains additional information on evidence -based interventions for the purposes of the Recovery Plan.

7. Performance Report
In this section, recipients should describe how performance management is incorporated into their SLFRF program, including how they are tracking their overarching jurisdictional goals for these funds as well as measuring results for individual projects. The recipient has flexibility in terms of how this information is presented in the Recovery Plan, and may report key performance indicators for each project, or may group projects with substantially similar goals and the same outcome measures. In some cases, the recipient may choose to include some indicators for each individual project as well as crosscutting indicators. Recipients may include links to performance ma nagement dashboards, performance management policies, and other public facing tools that are used to track and communicate the performance of Fiscal Recovery Funds. In addition to outlining in this section their high-level approach to performance managemen t, recipients must also include key performance indicators for each SLFRF project in the Project Inventory section (described below in #8).

Performance indicators should include both output and outcome measures. Output measures, such as the number of students enrolled in an early learning program, provide valuable information about the early implementation stages of a project. Outcome measures, such as the percent of students

24 For more information on the required standards for program evaluation, see OMB M-20-12.

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39 reading on grade level, provide information about whether a project is achieving its overall goals.

Recipients are encouraged to use logic models25 to identify their output and outcome measures.

While the initial Recovery Plan focused heavily on early output goals, recipients should include the related outcome goal for each project and provide updated information on achieving these outcome goals in subsequent annual reports. In cases where recipients are conducting a program evaluation for a project (as described above), the outcome measures in the performance report should be aligned with those being evaluated in the program. As described in the final rule, to support their performance measurement and program improvement efforts, recipients are permitted to use funds to make improvements to data or technology infrastructure and data analytics, as well as perform program evaluations.

While recipients have discretion on the full suite of performance indicators to include, a number of mandatory performance indicators and programmatic d ata must be included. These are necessary to allow Treasury to conduct oversight as well as understand and aggregate program outcomes across recipients. This section provides an overview of the mandatory performance indicators and programmatic data. This information should be included in the Project Inventory, but this data will also need to be entered directly into the Treasury reporting portal as part of the Project and Expenditure report, as Treasury has added these fields (for Tier 1 recipients only) to the Project and Expenditure report. Below is a list of required data for each Expenditure Category, where relevant.

a. Household Assistance (EC 2.2 ), Long -Term Housing Security (EC 2.15-2.16) and Housing Support (EC 2.17-2.18):
• Number of households receiving eviction prevention services (including legal representation) • Number of affordable housing units preserved or developed

b. Assistance to Unemployed or Underemployed Workers (EC 2 .10) and Community Violence Interventions (EC 1.11):
• Number of workers enrolled in sectoral job training programs • Number of workers completing sectoral job training programs • Number of people participating in summer youth employment programs

c. Addressing Educational Disparities (EC 2.24-2.26) and Addressing Impacts of Lost Instructional Time (EC 2.27):
• Number of students participating in evidence-based tutoring programs26

d. Healthy Childhood Environments (EC 2.11-2.14):
• Number of children served by childcare and early learning services (pre-school/pre-K/ages 3- 5)
• Number of families served by home visiting

The initial report should have included the key indicators above. Each annual report thereafter should include updated data for the performance period as well as prior period data, and a brief narrative adding any additional context to help the reader interpret the results and understand any c hanges in performance indicators over time. To the extent possible, Treasury also encourages recipients to provide data disaggregated by race, ethnicity, gender, income, and other relevant factors.

8. Project Inventory

25 A logic model is a tool that depicts the intended links between program investments and outcomes, specifically the relationships among the resources, activities, outputs, outcomes, and impact of a program. 26 For more information on evidence-based tutoring programs, refer to the U.S. Department of Education’s 2021 ED COVID-19 Handbook (Volume 2), which summarizes research on evidence-based tutoring programs (see the bottom of page 20.).

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40 In this section, recipients should list the name and provide a brief description of each SLFRF funded project. Projects are defined as a grouping of closely related activities that together are intended to achieve a specific goal or are directed toward a common purpose. These activities can include new or existing eligible government services or investments funded in whole or in part by SLFRF funding.

For each project, recipients should include the project name, funding amount, identification number (the same identification number created by the recipient that matches the identification number used in the quarterly Project and Expenditure Report), project Expenditure Category (see Appendix 1), and a description of the project that includes an overview of the main activities of the project, approximate timeline, primary delivery mechanisms and partners, and intended outcomes. Each jurisdiction should also include a link to the website of the project if available. This information will provide context and additional detail for the information reported quarterly in the Project and Expenditure Report.

For infrastructure projects, where relevant, recipients should describe how the project contributes to addressing climate change and/or advances the Justice40 initiative27, which sets a target of providing 40 percent of the benefits of certain federal investment s, including climate and clean energy investments to disadvantaged communities.

As noted above in section 6, the Project Inventory must also include information a bout the dollar amount of the total project spending that is allocated towards evidence -based interventions (or describe how projects are being evaluated as noted above). As described above in section 7, the Project Inventory must also contain information about the performance indicators for each project, including both those measures that recipients have defined for each project as well as the mandatory performance indicators defined by Treasury.

Recipients have flexibility in the presentation and format of their Project Inventory, provided it includes the minimum required information . Recipients have the option of downloading a spreadsheet of the information entered into their Project and Expenditure Report to assist them in creating the Project Inventory in their Recovery Plan. However, recipients must ensure that their Project Inventory contains the additional information required by this guidance, including but not lim ited to information about performance measures and evidence/evaluation for each project. In all cases, recipients must post publicly (and submit to Treasury) a single PDF file of their Recovery Plan, which includes the Project Inventory.

D. Distributions to NEUs

Each state and territory is required to provide regular updates on their NEU distributions as well as their distributions to units of general local government within counties that are not units of general local government. The distribution template generally requests information on whether the local government has (1) received funding; (2) declined funding and requested a transfer to the state under Section 603(c)(4) of the Act; or (3) not taken action on its funding or declined funding.

For NEUs, states and territories should be prepared to report on their information, including the following:
• NEU name
• NEU UEI number
• NEU Taxpayer Identification Number (TIN)
• NEU Recipient Number (a unique identification code for each NEU assigned by the State or territory to the NEU as part of the request for funding) • NEU contact information (e.g., address, point of contact name, point of contact email address, and point of contact phone number)
• NEU authorized representative name and email address

27 See Executive Order 14008, On Tackling the Climate Crisis at Home and Abroad and the Interim Implementation Guidance for the Justice40 Initiative, OMB M-21-28.

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41 • Initial allocation and, if applicable, subsequent allocation to the NEU (before application of the 75 percent cap)
• Total NEU reference budget (as submitted by the NEU to the State or territory as part of the request for funding)
• Amount of the initial and, if applicable, subsequent allocation above 75 percent of the NEU’s reference budget which will be returned to Treasury
• Payment amount(s)
• Payment date(s)

States with “weak” minor civil divisions (i.e., Illinois, Indiana, Kansas, Missouri, Nebraska, North Dakota, Ohio, and South Dakota) should also list any minor civil divisions that the state deemed ineligible.

For each eligible NEU that declined funding and requested a transfer to the state under Section 603(c)(4) of the Social Security Act, the state or territory must also attach a form signed by the NEU, as detailed in the Guidance on Distributions of Funds to Non-Entitlement Units of Local Government.

Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance

42 Appendix 1: Expenditure Categories
Treasury’s final rule provides greater flexibility and simplicity for recipients to fight the pandemic and support families and businesses struggling with its impacts, maintain vital services amid revenue shortfalls, and build a strong, resilient, and equi table recovery. As such, recipients began reporting on a broader set of eligible uses and associated Expenditure Categories (“EC”), starting with the April 2022 Project and Expenditure Report than they did in their interim reports, initial Recovery Plans, and January Project and Expenditure Report. The table below includes the new Expenditure Categories, as well as a reference to previous Expenditure Categories aligned with the interim final rule and used for reporting before this date.

The Expenditure Categories (EC) listed below must be used to categorize each project as noted in Part 2 above. The term “Expenditure Category” refers to the detailed level (e.g., 1.1 COVID-19 Vaccination). When referred to as a category (e.g., EC 1) it includes all Expenditure Categories within that level.
*Denotes areas where recipients must identify the amount of the total funds that are allocated to evidence-based interventions (see Use of Evidence section above for details)

^Denotes areas where recipients must report on whether projects are primarily serving disproportionately impacted communities (see Project Demographic Distribution section above for details)

Expenditure Category EC28 Previous
EC29
1: Public Health
COVID-19 Mitigation & Prevention
COVID-19 Vaccination^ 1.1 1.1
COVID-19 Testing^ 1.2 1.2
COVID-19 Contact Tracing^ 1.3 1.3
Prevention in Congregate Settings (Nursing Homes, Prisons/Jails, Dense Work Sites, Schools, Child care facilities, etc.)*^ 1.4 1.4 Personal Protective Equipment^ 1.5 1.5
Medical Expenses (including Alternative Care Facilities)^ 1.6 1.6 Other COVID-19 Public Health Expenses (including Communications, Enforcement, Isolation/Quarantine)^ 1.7 1.8
COVID-19 Assistance to Small Businesses^ 1.8 -
COVID 19 Assistance to Non-Profits^ 1.9 -
COVID-19 Aid to Impacted Industries^ 1.10 -
Community Violence Interventions
Community Violence Interventions*^ 1.11 3.16
Behavioral Health
Mental Health Services*^ 1.12 1.10
Substance Use Services*^ 1.13 1.11
Other
Other Public Health Services^ 1.14 1.12
Capital Investments or Physical Plant Changes to Public Facilities that respond to the COVID-19 public health emergency - 1.7
2: Negative Economic Impacts
Assistance to Households
Household Assistance: Food Programs*^ 2.1 2.1

28 Under the final rule to be used starting with April 2022 reports 29 Under the interim final rule to be used in Interim Report and January 2022 Project and Expenditure Report

Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance

43 Expenditure Category EC28 Previous
EC29
Household Assistance: Rent, Mortgage, and Utility Aid*^ 2.2 2.2 Household Assistance: Cash Transfers*^ 2.3 2.3
Household Assistance: Internet Access Programs*^ 2.4 2.4 Household Assistance: Paid Sick and Medical Leave^ 2.5 - Household Assistance: Health Insurance*^ 2.6 -
Household Assistance: Services for Un/Unbanked*^ 2.7 -
Household Assistance: Survivor's Benefits^ 2.8 -
Unemployment Benefits or Cash Assistance to Unemployed Workers*^ 2.9 2.6 Assistance to Unemployed or Underemployed Workers (e.g. job training, subsidized employment, employment supports or incentives)*^ 2.10 2.7 Healthy Childhood Environments: Child Care*^ 2.11 3.6
Healthy Childhood Environments: Home Visiting*^ 2.12 3.7 Healthy Childhood Environments: Services to Foster Youth or Families Involved in Child Welfare System*^ 2.13 3.8
Healthy Childhood Environments: Early Learning*^ 2.14 3.1 Long-term Housing Security: Affordable Housing*^ 2.15 3.10 Long-term Housing Security: Services for Unhoused Persons*^ 2.16 3.11 Housing Support: Housing Vouchers and Relocation Assistance for Disproportionately Impacted Communities*^ 2.17 -
Housing Support: Other Housing Assistance*^ 2.18 3.12
Social Determinants of Health: Community Health Workers or Benefits Navigators*^ 2.19 3.14
Social Determinants of Health: Lead Remediation*^ 2.20 3.15 Medical Facilities for Disproportionately Impacted Communities^ 2.21 - Strong Healthy Communities: Neighborhood Features that Promote Health and Safety^ 2.22 -
Strong Healthy Communities: Demolition and Rehabilitation of Properties^ 2.23 -
Addressing Educational Disparities: Aid to High-Poverty Districts^ 2.24 3.2 Addressing Educational Disparities: Academic, Social, and Emotional Services*^ 2.25 3.3
Addressing Educational Disparities: Mental Health Services*^ 2.26 3.4 Addressing Impacts of Lost Instructional Time^ 2.27 -
Contributions to UI Trust Funds^ 2.28 2.8
Assistance to Small Businesses
Loans or Grants to Mitigate Financial Hardship^ 2.29 2.9 Technical Assistance, Counseling, or Business Planning*^ 2.30 Rehabilitation of Commercial Properties or Other Improvements^ 2.31 - Business Incubators and Start-Up or Expansion Assistance*^ 2.32 Enhanced Support to Microbusinesses*^ 2.33
Assistance to Non-Profits
Assistance to Impacted Nonprofit Organizations (Impacted or Disproportionately Impacted)^ 2.34 2.10
Aid to Impacted Industries
Aid to Tourism, Travel, or Hospitality^ 2.35 2.11
Aid to Other Impacted Industries^ 2.36 2.12
Other
Economic Impact Assistance: Other*^ 2.37 2.13
Household Assistance: Eviction Prevention*^ - 2.5
Education Assistance: Other*^ - 3.5

Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance

44 Expenditure Category EC28 Previous
EC29
Healthy Childhood Environments: Other*^ - 3.9
Social Determinants of Health: Other*^ - 3.13
3: Public Health-Negative Economic Impact: Public Sector Capacity General Provisions
Public Sector Workforce: Payroll and Benefits for Public Health, Public Safety, or Human Services Workers 3.1 1.9
Public Sector Workforce: Rehiring Public Sector Staff 3.2 2.14 Public Sector Workforce: Other 3.3 -
Public Sector Capacity: Effective Service Delivery 3.4 7.2 Public Sector Capacity: Administrative Needs 3.5 -
4: Premium Pay
Public Sector Employees 4.1 4.1
Private Sector: Grants to Other Employers 4.2 4.2
5: Infrastructure
Water and Sewer
Clean Water: Centralized Wastewater Treatment 5.1 5.1
Clean Water: Centralized Wastewater Collection and Conveyance 5.2 5.2 Clean Water: Decentralized Wastewater 5.3 5.3
Clean Water: Combined Sewer Overflows 5.4 5.4
Clean Water: Other Sewer Infrastructure 5.5 5.5
Clean Water: Stormwater 5.6 5.6
Clean Water: Energy Conservation 5.7 5.7
Clean Water: Water Conservation 5.8 5.8
Clean Water: Nonpoint Source 5.9 5.9
Drinking water: Treatment 5.10 5.10
Drinking water: Transmission & Distribution 5.11 5.11
Drinking water: Lead Remediation, including in Schools and Daycares 5.12 5.12 Drinking water: Source 5.13 5.13
Drinking water: Storage 5.14 5.14
Drinking water: Other water infrastructure 5.15 5.15
Water and Sewer: Private Wells 5.16 -
Water and Sewer: IIJA Bureau of Reclamation Match 5.17 - Water and Sewer: Other 5.18 -
Broadband
Broadband: “Last Mile” projects 5.19 5.16
Broadband: IIJA Match 5.20 -
Broadband: Other projects 5.21 5.17
6: Revenue Replacement
Provision of Government Services 6.1 6.1
Non-federal Match for Other Federal Programs 6.2 -
7: Administrative
Administrative Expenses 7.1 7.1
Transfers to Other Units of Government 7.2 7.3
Transfers to Non-entitlement Units (States and territories only) - 7.4

Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance

45 Treasury has prepared the additional guidance below to support recipients in implementing the new expenditure categories. This table includes only those previous expenditure categories that are changing under the new structure, aligned with the final rule.

January 2022 Expenditure Categories April 2022 Guidance 1: Public Health

1.7 Capital Investments or Physical Plant Changes
to Public Facilities that respond to the COVID-
19 public health emergency
EC removed, capital expenditures can be
designated in any relevant PH-NEI EC
(e.g., new hospital wing would be tracked
under EC 1.4)

1.8 Other COVID-19 Public Health Expenses
(including Communications, Enforcement,
Isolation/Quarantine)
EC is 1.7

1.9 Payroll Costs for Public Health, Safety, and
Other Public Sector Staff Responding to
COVID-19
EC is 3.1

1.10 Mental Health Services* EC is 1.12

1.11 Substance Use Services* EC is 1.13

1.12 Other Public Health Services EC is 1.14
2: Negative Economic Impacts

2.5 Household Assistance: Eviction Prevention EC is now included as part of 2.2

2.6 Unemployment Benefits or Cash Assistance to
Unemployed Workers*
EC is 2.9

2.7 Job Training Assistance (e.g., Sectoral job-
training, Subsidized Employment, Employment
Supports or Incentives)*^
EC is 2.10

2.8 Contributions to UI Trust Funds EC is 2.28

2.9 Small Business Economic Assistance
(General)*^
If public-health related (e.g., providing
rapid tests for small businesses), EC is

1.8; if related to negative economic
impact eligible use (e.g., grants, technical
assistance, rehabilitation, incubators, or
microbusinesses), EC is 2.29-2.33

2.10 Aid to Nonprofit Organizations* If public-health related (e.g., providing rapid tests for non-profits), EC is 1.9; if
related to negative economic impact (e.g.,
grants to stabilize non-profit budget), EC
is 2.34

2.11 Aid to Tourism, Travel, or Hospitality EC is 2.35

2.12 Aid to Other Impacted Industries EC is 2.36

2.13 Other Economic Support*^ EC is 2.37, re-named Other Economic Impact

2.14 Rehiring Public Sector Staff EC is 3.2
3: Services to Disproportionately Impacted Communities

3.1 Education Assistance: Early Learning*^ EC is 2.14

3.2 Education Assistance: Aid to High-Poverty
Districts ^
EC is 2.24

3.3 Education Assistance: Academic Services*^ EC is 2.25, social and emotional services will now be tracked under this EC

3.4 Education Assistance: Social, Emotional, and
Mental Health Services*^
EC is 2.26, if social and emotional
services, EC is 2.25;

Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance

46 January 2022 Expenditure Categories April 2022 Guidance

3.5 Education Assistance: Other*^ EC is 2.37, collected under Other Economic Impact

3.6 Healthy Childhood Environments: Child Care*^ EC is 2.11

3.7 Healthy Childhood Environments: Home
Visiting*^
EC is 2.12

3.8 Healthy Childhood Environments: Services to
Foster Youth or Families Involved in Child
Welfare System*^
EC is 2.13

3.9 Healthy Childhood Environments: Other*^ EC is 2.37, collected under Other Economic Impact

3.10 Housing Support: Affordable Housing*^ EC is 2.15

3.11 Housing Support: Services for Unhoused
Persons*^
EC is 2.16

3.12 Housing Support: Other Housing Assistance*^ EC is 2.18

3.13 Social Determinants of Health: Other*^ EC is 2.37, collected under Other Economic Impact

3.14 Social Determinants of Health: Community
Health Workers or Benefits Navigators*^
EC is 2.19

3.15 Social Determinants of Health: Lead
Remediation^
EC is 2.20

3.16 Social Determinants of Health: Community
Violence Interventions*^
EC is 1.11
5: Infrastructure

5.16 Broadband: “Last Mile” projects EC is 5.19

5.17 Broadband: Other projects EC is 5.20
7: Administrative

7.2 Evaluation and Data Analysis EC is 3.4 and has been renamed Effective Service Delivery

7.3 Transfers to Other Units of Government EC is 7.2

7.4 Transfers to Non-entitlement Units (States and
territories only)
To be separately reported as part of
NEU/Non-UGLG module. Refer to Part 2
Section D.

Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance

47 Appendix 2: Evidenced-Based Intervention Additional Information

What is evidence-based?
For the purposes of the SLFRF, with the exception of investments in educational services (see additional information below), evidence-based refers to interventions with strong or moderate evidence as defined below:

Strong evidence means that the evidence base can support causal conclusions for the specific program proposed by the applicant with the highest level of confidence. This consists of one or more well-designed and well-implemented experimental studies conducted on the proposed program with positive findings on one or more intended outcomes.

Moderate evidence means that there is a reasonably developed evidence base th at can support causal conclusions. The evidence base consists of one or more quasi -experimental studies with positive findings on one or more intended outcomes OR two or more non -experimental studies with positive findings on one or more intended outcomes. Examples of research that meet the standards include: well-designed and well -implemented quasi -experimental studies that compare outcomes between the group receiving the intervention and a matched comparison group (i.e. , a similar population that does not receive the intervention).

Preliminary evidence means that the evidence base can support conclusions about the program’s contribution to observed outcomes. The evidence base consists of at least one non -experimental study. A study that demonstrates improvement in program beneficiari es over time on one or more intended outcomes OR an implementation (process evaluation) study used to learn about and improve program operations would constitute preliminary evi dence. Examples of research that meet the standards include: (1) outcome studies that track program beneficiaries through a service pipeline and measure beneficiaries’ responses at the end of the program; and (2) pre- and post-test research that determines whether beneficiaries have improved on an intended outcome.

For investme nts i n educational services, " evidence-based", consistent with the American Rescue Plan Act, has the meaning in section 8101(21) of the E lementary and Secondary Education Act of 1965, as amended (20 U.S.C. 6301 et seq.). Please see page 16 of this Frequently Asked Questions resource on the Department of Education's Elementary and Secondary School Em ergency Relief Programs and Governor's Emergency Education Relief Programs for more information.

Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance

48 Appendix 3: Expenditure Categories aligned with the Interim Final Rule

1: Public Health

1.1 COVID-19 Vaccination ^

1.2 COVID-19 Testing ^

1.3 COVID-19 Contact Tracing

1.4 Prevention in Congregate Settings (Nursing Homes, Prisons/Jails, Dense Work Sites, Schools, etc.)*

1.5 Personal Protective Equipment

1.6 Medical Expenses (including Alternative Care Facilities)

1.7 Capital Investments or Physical Plant Changes to Public Facilities that respond to the COVID-19 public health emergency

1.8 Other COVID-19 Public Health Expenses (including Communications, Enforcement, Isolation/Quarantine)

1.9 Payroll Costs for Public Health, Safety, and Other Public Sector Staff Responding to COVID-19

1.10 Mental Health Services*

1.11 Substance Use Services*

1.12 Other Public Health Services
2: Negative Economic Impacts

2.1 Household Assistance: Food Programs* ^

2.2 Household Assistance: Rent, Mortgage, and Utility Aid* ^

2.3 Household Assistance: Cash Transfers* ^

2.4 Household Assistance: Internet Access Programs* ^

2.5 Household Assistance: Eviction Prevention* ^

2.6 Unemployment Benefits or Cash Assistance to Unemployed Workers*

2.7 Job Training Assistance (e.g., Sectoral job-training, Subsidized Employment, Employment Supports or Incentives)* ^

2.8 Contributions to UI Trust Funds

2.9 Small Business Economic Assistance (General)* ^

2.10 Aid to Nonprofit Organizations*

2.11 Aid to Tourism, Travel, or Hospitality

2.12 Aid to Other Impacted Industries

2.13 Other Economic Support* ^

2.14 Rehiring Public Sector Staff
3: Services to Disproportionately Impacted Communities

3.1 Education Assistance: Early Learning* ^

3.2 Education Assistance: Aid to High-Poverty Districts ^

3.3 Education Assistance: Academic Services* ^

3.4 Education Assistance: Social, Emotional, and Mental Health Services* ^

3.5 Education Assistance: Other* ^

3.6 Healthy Childhood Environments: Child Care* ^

3.7 Healthy Childhood Environments: Home Visiting* ^

3.8 Healthy Childhood Environments: Services to Foster Youth or Families Involved in Child Welfare System* ^

3.9 Healthy Childhood Environments: Other* ^

3.10 Housing Support: Affordable Housing* ^

3.11 Housing Support: Services for Unhoused Persons* ^

Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance

49 3.12 Housing Support: Other Housing Assistance* ^

3.13 Social Determinants of Health: Other* ^

3.14 Social Determinants of Health: Community Health Workers or Benefits Navigators* ^

3.15 Social Determinants of Health: Lead Remediation ^

3.16 Social Determinants of Health: Community Violence Interventions* ^ 4: Premium Pay

4.1 Public Sector Employees

4.2 Private Sector: Grants to Other Employers
5: Infrastructure

5.1 Clean Water: Centralized Wastewater Treatment

5.2 Clean Water: Centralized Wastewater Collection and Conveyance

5.3 Clean Water: Decentralized Wastewater

5.4 Clean Water: Combined Sewer Overflows

5.5 Clean Water: Other Sewer Infrastructure

5.6 Clean Water: Stormwater

5.7 Clean Water: Energy Conservation

5.8 Clean Water: Water Conservation

5.9 Clean Water: Nonpoint Source

5.10 Drinking water: Treatment

5.11 Drinking water: Transmission & Distribution

5.12 Drinking water: Transmission & Distribution: Lead Remediation

5.13 Drinking water: Source

5.14 Drinking water: Storage

5.15 Drinking water: Other water infrastructure

5.16 Broadband: “Last Mile” projects

5.17 Broadband: Other projects
6: Revenue Replacement

6.1 Provision of Government Services
7: Administrative

7.1 Administrative Expenses

7.2 Evaluation and Data Analysis

7.3 Transfers to Other Units of Government

7.4 Transfers to Non-entitlement Units (States and territories only)

Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance

50 Revision Log
Version Date Published Summary of changes

1.0 June 17, 2021 Initial publication

1.1 June 24, 2021 • Pg. 12, removed references to “summary” level with respect to reporting by Expenditure Categories in the
Interim Report to avoid confusion.
• Pg. 13, revised the coverage period end date for the
Interim Report from June 30, 2021 to July 31, 2021 to
align with the IFR.
• Pg. 13, removed references to “summary” level with
respect to reporting by Expenditure Categories in the
Interim Report to avoid confusion.
• Pg. 31, removed references to “summary level” with
respect to Expenditure Categories in Appendix 1 to avoid confusion.

1.1 September 30, 2021

• Announced the extension in the Project and Expenditure Report submission date, originally due on October 31,
2021.

2.0 November 5, 2021 • Updated Subrecipient Monitoring section to clarify beneficiaries and recipients.
• Updated references to Interim Final Rule comment period as comment period is closed.
• Updated reporting tiers, thresholds and timelines in Part 2 Table 2, Reporting Requirements by recipient type, as
well as Part 2 A and Part 2 B.
• Updated reporting periods for Interim Report and Project and Expenditure reports.
• Added concept of Adopted Budget to Project and
Expenditure Report data fields.
• Noted phase in of Required Programmatic Data in the
Project and Expenditure Report.
• Removed certain data fields from the Ineligible Activities:

Tax Offset Provision under the Recovery Plan.
• Separated reporting of NEU Distributions (for States and territories) from the Interim Report and Project and
Expenditure Reports as information will be provided on
an ongoing basis.

2.1 November 15, 2021 • Updated pages 9 and 11 to note that civil rights certification is not applicable to Tribal Governments.

3.0 February 28, 2022 • Updated to incorporate reporting updates under the final rule

4.0 June 10, 2022 • Updated Recovery Plan guidance to incorporate minor revisions
• Updated language around certain data fields that were required for April 2022 reporting
• Updated data fields for Ineligible Activities: Tax Offset Provision for the Project and Expenditure report
• Updated Broadband data fields

4.1 June 17, 2022 • Updated clerical errors in Ineligible Activities: Tax Offset Provision

4.2 August 15, 2022 • Updated to clarify resources for Uniform Guidance applicability and add a reference to an alternative to the Single Audit available for eligible recipients

5.0 September 20, 2022 • Updated to note phase in of broadband location by location data fields

5.1 June 6, 2023 • Updated to include Fabric ID and Provider ID fields for broadband location by location data collection.

Dream Village Grant Agreement Agreement No. A-8464
Advancing Communities Together Page 10

Exhibit D

CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS

TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non -Federal entity under the Federal award must contain provisions covering t he following, as applicable.

1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under p rograms and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.

2. Recipient acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, servic es, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Accordingly, Recipient shall initiate reasonable steps, o r comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance service s, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient’s programs, services, and activities.

3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov.

4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient’s successors, trans ferees, and assignees for the period in which such assistance is provided.

5. Recipient acknowledges and agrees that it must require any sub -grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1 -4 above, and Dream Village Grant Agreement Agreement No. A-8464
Advancing Communities Together Page 11

agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient’s sub -grantees, contractors, subcontractors, successors, transferees, and assignees:

The sub -grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of t he Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.

6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of fede ral financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the fede ral financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property.

7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on -site compliance reviews and reporting requirements.

8. Recipient shall maintain a complaint log and inform the Department of the Tr easury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such rev iews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.

9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non -compliance, including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding. If the Recipient se ttles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state.

Dream Village Grant Agreement Agreement No. A-8464
Advancing Communities Together Page 12

10. If the Recipient m akes sub -awards to other agencies or other entities, the Recipient is responsible for ensuring that sub -recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub -awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub­recipients.

11. The Catalogue of Federal Domestic Assistance (CFDA) Number for the State and Local Fiscal Recovery Funds is 21.027.

The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to addr ess violations of this document or applicable federal law.

Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient's obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements.

Winter Shelter Palmdale/
Palmdale Dream Village:
38626 9th Street East

City Council Staff Report
DATE: AUGUST 16, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: NEIGHBORHOOD SERVICES

HOUSING DIVISION
DISTRICT: 1
SUBJECT: APPROVE GRANT AGREEMENT A -8465 WITH ADVANCING COMMUNITIES TOGETHER FOR $ 390,220 FOR FACILITY

IMPROVEMENTS AND SITE PREPARATION FOR A WINTER
SHELTER TO BE LOCATED AT 38626 9 TH STREET EAST,
PALMDALE.

ISSUE
Approve Grant Agreement A-8465 with Advancing Communities Together for $390,220 for facility improvements and site preparation for a winter shelter to be located at 38626 9th Street East, Palmdale.

RECOMMENDATION
Staff recommends that the City Council:

1. Approve Grant Agreement A-8465 with Advancing Communities Together for $390,220 for facility improvements and site preparation for a Winter Shelter Program to be located at 38626 9th Street East, Palmdale; and

2. Authorize the City Manager or their designee to execute the Grant Agreement with Advancing Communities Together for a Winter Shelter Progra m and take all necessary actions to implement the approved actions.

BACKGROUND
The City of Palmdale was awarded $35,445,019 by the United States Department of the Treasury of Corona virus Local Fiscal Recovery Funds (CSLRF Funds) under the American Rescue Plan Act (ARPA). Among the eligible uses described in the Final Rule is the investment of funds to “support the COVID-19 public health and economic response by addressing COVID -19 and its impact on public health” allowing for assistance t o disproportionately impacted classes which faced more severe impacts and have not yet recovered for the impacts of the pandemic.

Report to Mayor and City Council
Re: ACT Winter Shelter Project A-8465
August 16, 2023