Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Incorporation of Exhibits and Amended Exhibits
18. All exhibits to the CFAA are incorporated into the CFAA. Amendments to exhibits will be made by addendum to the CFAA. The addendum will be signed by each party, and will include a list of exhibit(s) and revision date of the exhibit(s), a statement that the parties agree to adopt the changes reflected in the proposed amended exhibit(s) attached to the addendum, and an effective date. The addendum will also include, as attachments to the addendum, the proposed amended exhibit(s) in track changes or similar format.
Amendments to exhibits will be adopted upon all parties signing the addendum and immediately incorporated into the CFAA. The exhibits to the CFAA will thereafter be updated to reflect any changes effectuated by the approved addendum.
Requests for and Release of Emergency Apparatus and Personnel
19. Under this Agreement, Cal OES, CAL FIRE, the Federal Fire Agencies, and local agencies may request emergency apparatus and personnel from the California Fire and Rescue Mutual Aid System. Resources ordered pursuant to this Agreement will be processed through the California Fire and Rescue Mutual Aid System. Cal OES will fill these orders by following the procedures set forth in the California Fire Service and Rescue Emergency Mutual Aid Plan.
20. Cal OES, CAL FIRE, and the Federal Fire Agencies will use the current resource order form of record for all requests. Cal OES, CAL FIRE, and the Federal Fire Agencies shall not be responsible for any emergency apparatus and personnel not confirmed by their respective order and request number(s). Cal OES, CAL FIRE, and the Federal Fire Agencies are responsible for documenting within the request that the resources are being ordered under this Agreement.
21. Cal OES, CAL FIRE, the Federal Fire Agencies, and local agencies’ release or reassignment of emergency apparatus used pursuant to this Agreement will be coordinated through the on-scene Cal OES Fire and Rescue Chief Officer, the local jurisdiction agency representative, or their authorized representative. The Cal OES Chief Officer, or representative, will ensure the inspection and inventory of such emergency apparatus prior to the release to its home base in accordance with incident-established inspection and demobilization procedures.
Protective Clothing and Equipment
22. It shall be the responsibility of the jurisdiction sending emergency personnel to ensure that such personnel are provided protective clothing and equipment as required by the most currentversion of the rules found in California Code of Regulations, Title 8, Section 3410, Article 10.1, Section 3401, et seq.
Emergency Apparatus
23. Emergency apparatus shall meet minimum FIRESCOPE ICS type standards, when applicable.
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Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Communications Capabilities
24. Operational Equipment and Operational Personnel. It shall be the responsibility of the jurisdiction sending resourcesto ensure adequate communications capability. Adequate communications capability is identified and defined in the Statewide FIRESCOPE Frequency Plan.
Reimbursement Procedures
25. Provisions and procedures for reimbursement by Cal OES, CAL FIRE, and the Federal Fire Agencies for fire and emergency assistance are defined in Exhibit “A”, Reimbursement Policy and Procedures. CAL FIRE and the Federal Fire Agencies will provide Cal OES Fire and Rescue Division with current billing addresses. Reimbursement for personnel on Cal OES-owned emergency apparatus shall be to local jurisdictions that provide such personnel by apparatus assignee Agreement with Cal OES.
26. It is the goal of Cal OES, CAL FIRE, and the Federal Fire Agencies to establish a systemthat supports the electronic processing of salary surveys, invoices, and other pertinent documents.
Reimbursement for Emergency Apparatus Loss or Damage
27. Cal OES, CAL FIRE, and the Federal Fire Agencies will reimburse California Fire and Rescue Mutual Aid System Agencies providing resources through the California Fire and RescueMutual Aid System for the cost of emergency apparatus or equipment loss or damage where the loss or damage is determined to be directly attributable to the incident, and where the local agency, its employees, and/or operational failures in the emergency apparatus or support equipment are not a contributing factor to such damage or loss. Loss or damage to local agency emergency apparatus or support equipment while traveling from the home unit to the incident or from an incident to the home unit, and repairs due to normal wear and tear or due to negligent or unlawful operation by the operator, shall be the responsibility of the local agency providing the emergency apparatus or support equipment.
Loss or damage to local agency emergency apparatus or support equipment occurring on an incident is to be reported to the incident finance section to ensure proper documentation and investigation.
Limitation of Liability
28. Each party waives claims against every other party pursuant to the requirements of United States Code, title 42, section 1856a, subdivision (a), which provides: “Each agency head charged with the duty of providing fire protection for any property of the United States is authorized to enter into a reciprocal agreement, with any fire organization maintaining fire protection facilities in the vicinity of such property, for mutual aid in furnishing fire protection for such property and for other property for which such organization normally provides fire protection. Each such
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CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 agreement shall include a waiver by each party of all claims against every other party for compensation for any loss, damage, personal injury, or death occurring in consequence of the performance of such agreement. Any such agreement may provide for the reimbursement of any party for all or any part of the cost incurred by such party in furnishing fire protection for or on behalf of any other party.”
The parties agree the waivers provided in this provision do not apply to any reimbursement provisions pursuant to the terms and conditions of the CFAA, including invoice reimbursement disputes and reimbursement for emergency apparatus loss or damage pursuant to Recital 27 of the CFAA.
Third Party Tort Claims
29. Nothing in this Agreement shall be deemed to create an employee/employer relationship between the parties. All third-party claims against the parties shall be adjudicated pursuant to the applicable tort claims acts and should be referred to the agency or agencies whose employees were involved in the incident. Agency points of contact for third-party claims are as follows:
State of California claims: Victim Compensation and Government Claims Board 630 “K” Street
Sacramento, CA 95814
U.S. Forest Service claims: U.S. Forest Service
Albuquerque Service Center Claims Management
101B Sun Ave. NE
Albuquerque, NM 87109
National Park Service claims: National Park Service
Fire Management Office
333 Bush St., Suite 500
San Francisco, CA 94104
Bureau of Land Management claims: Bureau of Land Management Fire and Aviation Office
2800 Cottage Way, Room W-1623
Sacramento, CA 95825
Fish and Wildlife Service claims: Fish and Wildlife Service Pacific Southwest Region
2800 Cottage Way, Room W-1834
Sacramento, CA 95825
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CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Bureau of Indian Affairs claims: Bureau of Indian Affairs Branch of Fire and Aviation Management
2800 Cottage Way, Room W-2820
Sacramento, CA 95825
Reimbursement Dispute Resolution
30. Paying entities shall provide written notice of reimbursement denials to the CFAA Chairperson, or their designee, within thirty (30) business days of receipt of the invoice. The CFAA Chairperson, or their designee, shall notify the local agency of the denial within ten (10) business days. All parties shall work with the CFAA Chairperson, or their designee, to attempt to informally resolve reimbursement disputes in good faith. If the dispute cannot be resolved, the local agency shall have thirty (30) business days from the date of the notice of denial to provide a written appeal to the CFAA Chairperson, or their designee. The CFAA chairperson, or their designee, will evaluate the appeal and make a determination regarding whether to present the appeal to the Committee within thirty (30) business days.
The written appeal shall include all facts and documentation supporting the disputing party’s position and dollar amount claimed, the reason for denial by the signatory agency, and the provision(s) of the Agreement the local agency believes supports their position in the dispute. The Committee shall review the appeal and make a recommendation to the paying entity within thirty (30) business days of receiving the appeal. The CFAA Chairperson, or their designee, shall provide written notice of the paying entities determination to all parties.
Other Disputes
31. The parties acknowledge that disputes may arise in the interpretation or application of the provisions of the CFAA.
The parties agree to cooperate in good faith to resolve disputes informally. If a dispute is not resolved informally, a party may submit a written notice of dispute to the CFAA Chairperson, or their designee, and the responding party designated contact. The written notice must include:
1. An explanation of the reasons for the dispute, including relevant facts; and
2. Citation to the relevant provision(s) of the Agreement; and
3. Copies of supporting documents, if any; and
4. The desired outcome or remedy sought from the responding party.
The Committee will meet with the parties within thirty (30) business days of the date the responding party receives the dispute from the CFAA Chairperson, or their designee, at which time the responding party will have the opportunity to present counter arguments. The Committee
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F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 will provide a written response to both parties within thirty (30) business days of the date upon which the meeting is held. The written response will either grant the requested remedy or outcome, or deny part or all of the requested outcome.
Performance under this Agreement shall continue during each phase of this dispute resolution process.
Examination and Audit
32. California Fire and Rescue Mutual Aid System Agencies and Cal OES shall be subject to examination and audit for five (5) years after the final payment under the terms of this Agreement. Examination and audit shall be confined to those matters connected with the performance ofthis Agreement including, but not limited, to the cost of administration.
All source documentation related to rates and methodologies must be kept for five (5) years after the final payment and will be made available upon request of an examination or audit.
Appropriated Fund Limitation
33. Nothing herein shall be interpreted as obligating any parties herein to expend funds, or as involving the United States or the State of California in any contract or other obligation forthe future payment of money in excess of appropriations authorized by law and administratively allocated for the work contemplated in this Agreement.
Officials Not To Benefit
34. No member of, or Delegate to, Congress or Resident Commission shall be admitted to any share or part of this Agreement or to any benefit to arise therefore, unless it is made with a corporation for its general benefit.
Civil Rights and Nondiscrimination
35. All activities pursuant to this Agreement shall be in compliance with all Federal laws and regulations relating to nondiscrimination. These include, but are not limited to: Executive Order 11246, as amended; Title VI of the Civil Rights Act of 1964, as amended, (78 Stat. 252; 42 U.S.C. §§2000d et seq.); Title V, Section 504 of the Rehabilitation Act of 1973, as amended, (87 Stat. 394; 29 U.S.C. §794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. §§6101 et seq.).
Previous Agreements Cancelled
36. This Agreement supersedes the Agreement entered into on January 1, 2015, and as extended (Cal EMA# 6022-9, CAL FIRE# 7CA00236, USFS# 09-FI-11052012-150, NPS# H807507003, BLM# BAA081002, F&WS# 802233-9-J001, BIA# AGP000768), between the State of California,
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CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Emergency Management Agency; State of California, Department of Forestry and Fire Protection; USDA Forest Service, Pacific Southwest Region; USDI Bureau of Land Management, California State Office; USDI National Park Service, Interior Regions 8, 9, 10, and 12; USDI Fish and Wildlife Service, PacificSouthwest Region; and USDI Bureau of Indian Affairs, Pacific Region.
Amendments
37. The Agreement may only be amended by written mutual consent of the parties hereto.
Effective Date and Termination
38. The parties herein agree to honor the terms and conditions commencing on the date of the last signature and is effective through December 31, 2024. The expiration date is the final date for completion of all work activities under this Agreement. Any party may withdraw from the Agreement upon thirty (30) day written notice to all other parties.
Delegations of Authority
39. Each party may provide Cal OES a delegation of authority, signed by the party, that designates each person authorized to act on the party’s behalf. The designation will include the effective date, name, title, contact information, and scope of delegated authority to act on behalf of the party. Unless otherwise stated in the delegation of authority, a person designated by a party has the same authority as a principal of a party, including the power to enter into contracts on behalf of the party and to bind the party.
The parties authorize Cal OES to make any necessary updates to the contact information in the CFAA to reflect current delegations of authority, and that such nonmaterial changes to the CFAA are authorized without amendment.
Multiple Signature Pages
40. The parties agree to accept multiple signature pages.
Electronic Signatures and Counterparts
41. Parties may submit executed documents electronically, and electronically-delivered signatures of the parties are deemed to constitute duplicate originals. The CFAA and any amendments may be executed in two or more counterparts, each of which will be an original and all of which will constitute a part of the CFAA.
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CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 IN WITNESS WHEREOF, the parties hereto have executed this Agreement:
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CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 REVIEW:
The authority and format of this instrument has been reviewed and approved for signature by the following individuals:
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CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
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F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page A-1
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020
GENERAL
A-1 It is the intent of the signatories to the CFAA to reimburse California Fire and Rescue Mutual Aid System Agencies, including accrued financial liability for the cost of assisting the State of California and the Federal Fire Agencies. The rates, methodologies, and formulas in the Agreement are intended to provide for such costs. The reimbursement shall be consistent with the California Fire and Rescue Mutual Aid System Agency’s normal internal business practices and any existing Memorandum of Understanding (MOU)/Memorandum of Agreement (MOA), Governing Body Resolution (GBR), or equivalent, which supports those business practices.
A-2 The California Fire and Rescue Mutual Aid System Agencies shall use the following procedures to secure reimbursement for the provision of personnel and local government-owned emergency apparatus. Terms established in this section shall be made binding upon California Fire and Rescue Mutual Aid System Agencies by Cal OES and shall not be subject to interpretation or rejection by the jurisdiction providing assistance. See Clause A-41 for procedures that do not apply or are applicable to State Agency Fire Departments, Department of Defense Fire Departments (DOD), or Tribal Fire Departments.
A-3 California Fire and Rescue Mutual Aid System Agencies that provide their personnel and equipment to the State of California or the Federal Fire Agencies through the California Fire and Rescue Mutual Aid System and this Agreement, do so on a voluntary basis, and accept the following provisions for reimbursement.
A-4 It is understood and agreed that a California Fire and Rescue Mutual Aid System Agency providing personnel or California Fire and Rescue Mutual Aid System Agency-owned emergency apparatus shall obtain reimbursement for such response by billing the ordering entity (either the State of California or Federal Fire Agency) through the Cal OES invoicing process in accordance with this Exhibit.
A-5 Reimbursement for personnel and emergency apparatus will begin after the 12th hour, with the exception of aircraft which will be billed from the time of dispatch. There shall be no reimbursement for responses of 12 hours duration or less with the exception of the Department of Interior (DOI) fire agencies (BLM, NPS, FWS, and BIA). DOI reimbursement for personnel and emergency apparatus will begin after the 4th hour. If the duration of the response exceeds 12 hours (4 hours for DOI) and local agencies have an existing MOU/MOA, GBR, or equivalent that indicates compensation for all hours worked, reimbursement for personnel and emergency apparatus shall cover the entire time of commitment, beginning at the time of initial dispatch from EXHIBIT “A”
REIMBURSEMENT POLICY AND PROCEDURES
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BIA# A20ACPRO01
Page A-2
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 home base, to the time of return to home base (portal to portal). If local agencies do not have an existing MOU/MOA, GBR, or equivalent that indicates compensation for all hours worked, local agencies will be reimbursed for actual hours worked. Should personnel or emergency apparatus be requested for assignment to a Mobilization Center for standby duty, the reimbursement period shall begin with the time of initial dispatch of said personnel or emergency apparatus from its home base. Additionally, as the 12 hour period (4 hours for DOI) stated above is cumulative, responding personnel and/or emergency apparatus shall only be subject to one 12 hour period (4 hours for DOI) from the original time of dispatch, regardless of the number of re-assignments that may occur prior to returning to their home base.
A-6 In some cases on a single incident, the State of California and the Federal Fire Agencies may need to convert resources that were ordered under Statewide Master Mutual Aid (MMA) to reimburse resources under the California Fire Assistance Agreement. In these cases, MMA resources will be released by the responsible agency and reordered by the State of California and/or the Federal Fire Agencies through the CFAA. For resources that have been on the same incident for more than 12 hours (4 hours for DOI), reimbursement will begin at the time the order under the California Fire Assistance Agreement was initiated. Resources that have been on the same incident under MMA for 12 hours (4 hours for DOI) or less will have their time applied to the California Fire Assistance Agreement 12-hour (4 hours for DOI) minimum. After the 12 hours (4 hours for DOI) are completed, reimbursement will begin at the time the order under the California Fire Assistance Agreement was initiated. The 12 hour (4 hours for DOI) period shall be subject to annual review and monitoring by the California Fire Assistance Agreement Committee.
A-7 Invoices will include an administrative rate as negotiated by the Committee. The Administrative Rate will be added to the total of the personnel, fire apparatus, support equipment, aircraft, and other approved reimbursements for local government. The de minimis Administrative Rate is set annually by the Committee per the rate letter published at the time of dispatch, unless the California Fire and Rescue Mutual Aid System Agency submits an agency-specific administrative rate in accordance with the Instructions for Completing Administrative Rate Calculations. Cal OES will issue these instructions annually along with the salary survey instructions. California Fire and Rescue Mutual Aid System Agencies that develop an Administrative Rate must review and update their rate by July 1 of each year.
REIMBURSEMENT - PERSONNEL
A-8 The Committee will establish a standard reimbursement formula for local agency personnel with Base Rates applicable to all jurisdictions. The default reimbursement will be at the Base Rate for actual hours worked on the incident. Agencies can be reimbursed at a rate that is higher than the Base Rate, and/or for more than actual hours worked (up to 24 hours per day), asfollows:
A-8.1 All agencies seeking reimbursement for its personnel must complete and sign the annual salary survey and file it with the Cal OES Fire and Rescue Division. The Authorized Representative will
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Page A-3
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 provide certification through signature under penalty and perjury that the personnel wages are accurate and correct for each requested position.
A-8.2 Any agency seeking reimbursement for its personnel for more than actual hours worked on the incident (portal-to-portal) must file an MOU/MOA, GBR, or equivalent with Cal OES Fire and Rescue Division. The MOU/MOA, GBR, or equivalent shall indicate how personnel will be compensated. Personnel must be physically present on the incident in order to receive portal to portal compensation, unless documented and approved by the paying agency.
A-8.3 Any agency seeking reimbursement for its supplemental personnel will accept rates as outlined in NWCG#004-2009, Attachment D, https://www.nwcg.gov/sites/default/files/memos/eb-m-09- 004d_0.pdf, which states that supplemental personnel will be reimbursed using General Schedule tables with locality pay applied for actual hours worked. Reimbursement shall be in accordance with Clause A-17 through December 31st, 2020.
A-9 The above required documentation for rates and hours shall be based on actual costs to the responding agency, and not contingent upon reimbursement from the State of California or Federal Fire Agencies at a rate that exceeds what the agency will pay its personnel.
Reimbursements will be based on the salary survey and any applicable MOU/MOA, GBR, or equivalent that is on file at the time of the initial dispatch.
Any MOU/MOA, GBR, or equivalent is reviewed by Cal OES and the Committee upon request.
Local government will be formally notified of the determination.
A-10 These formulas and rates of payment shall constitute full reimbursement for direct costs, including back fill to local jurisdictions relative to personnel provided. Liability for workers compensation claims and/or payment of unemployment benefits shall remain the responsibility of the responding local, state, federal, and tribal agencies that directly employ the personnel. All calculations shall be subject to audit by the State of California or the Federal Fire Agencies in accordance with Recital 32, Examination and Audit.
A-10.1 California Fire and Rescue Mutual Aid System Agencies will be required upon request to provide Cal OES supportive documentation used to establish rates and method of pay. Cal OES will request yearly samples from selected agencies for review by Cal OES and the Committee. Upon request, the California Fire and Rescue Mutual Aid System Agencies will have thirty (30) calendar days to provide Cal OES with required information. This process does not supersede the Examination and Audit process as outlined in this Agreement.
A-11 Reimbursement for the total hours worked shall be calculated up to the next quarter hour when total hours are fractional.
A-12 Reimbursement shall be made only for such personnel that have been specifically requested or approved by the State of California or the Federal Fire Agencies. Any personnel not given an
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CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
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BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page A-4
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Order/Request number shall be considered a voluntary contribution from the responding agency and not subject to reimbursement.
Formula for Personnel Reimbursement Using Base Rates
A-13 California Fire and Rescue Mutual Aid System Agencies will submit a salary survey to be reimbursed at the established Engine Company Base Rate for personnel responding on emergency apparatus or as overhead personnel at or below the Strike Team/Task Force Leader Trainee level.
Strike Team/Task Force/Unit Leader level or above personnel will be reimbursed at the established Overhead Base Rate.
A-14 California Fire and Rescue Mutual Aid System Agencies that have not submitted a Salary Survey for rates above the established Base Rates will submit a salary survey to be reimbursed using one of the following formulas:
The formula for the total invoice amount with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) is:
(B x H1) = Total Personnel Reimbursement
The formula for the total invoice amount without an MOU/MOA, GBR, or equivalent for all hours (actual hours) is:
(B x H2) = Total Personnel Reimbursement
B = Base Rate
H
1 = All Hours (portal-to-portal)
H
2 = Actual Hours Worked
The Established Base Rate (B) is based on the average of the CAL FIRE Fire Captain or Fire Apparatus Engineer base rates and the USDA Forest Service emergency hire rates for these positions applied to a 168 hour week, with 40 hours at straight-time and 128 hours at overtime.
The total amount is then divided by 168 hours resulting in a blended rate.
Formula for Establishing the Base Rates
The following base rate formulas include an overtime component.
Base Rate formula for Engine Company Personnel and Overhead at or below Strike Team/Task Force Leader Trainee
(AD-F + CAL FIRE Fire Apparatus Engineer base rate) / 2 = Combined Rate, ((Combined Rate x 40 Hours Straight Time) + (Combined Rate x 128 Hours Overtime)) / 168 = Overtime Base Rate x .6667 = Straight Time Base Rate
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BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page A-5
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Numerical Calculation: 25.72 + 23.34 = 49.06 / 2 =24.53, ((24.53 x 40) + (24.53 x 1.5 x 128)) = 5690.96/ 168 = $33.08 x .6667 = $22.58
Base Rate formula for Overhead at or above Strike Team Leader/Task Force Leader (AD-H + CAL FIRE Fire Captain base rate) / 2 = Combined Rate, ((Combined Rate x 40 Hours Straight Time) + (Combined Rate x 128 Hours Overtime)) / 168 = Overtime Base Rate x .6667 = Straight Time Base Rate
Numerical Calculation: 31.44 + 27.52 = 58.96/ 2 =29.48, ((29.48 x 40) + (29.48 x 1.5 x 128)) = 6839.36 / 168 = $40.71 x .6667 = $27.14
Definitions for abbreviations used in Base Rate Formula AD - Administratively Determined Pay Plan for Emergency Workers. Pay rates for emergency (casual) employees of the Federal Fire Agencies.
AD F - The classification is Engine Boss.
AD H - The classification is Strike Team Leader.
CAL FIRE base Fire Captain and Fire Apparatus Engineer salary rates are converted to hourly rates.
Formula for Suppression Personnel Reimbursement Using Salary Rates A-15 The California Fire and Rescue Mutual Aid System Agencies may submit a salary survey with the agency’s established salary rates to Cal OES Fire and Rescue Division for any personnel dispatched to an incident. The personnel who are dispatched to an incident will first be classified and reimbursed as described in Clauses A-15.1 through A-15.3. The submission of salary rates shall be on file with Cal OES Fire and Rescue Division prior to the time of personnel dispatch.
A-15.1 California Fire and Rescue Mutual Aid System Agencies that have submitted salary rates to Cal OES Fire and Rescue Division at or below the Battalion Chief level shall be reimbursed using one of the following formulas:
The formula for the total invoice amount with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) is:
[(S x H1x 1.5) + (S x H1x 1.5) + (S x H1x 1.5)] = Total Personnel Reimbursement The formula for the total invoice amount without an MOU/MOA, GBR, or equivalent for all hours (actual hours) is:
[(S x H2x 1.5) + (S x H2x 1.5) + (S x H2x 1.5)] = Total Personnel Reimbursement S = Salary Rate
H
1 = All Hours (portal-to-portal)
H
2 = Actual Hours Worked
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CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page A-6
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 The Salary Hourly Rate (S) is the average hourly rate of all personnel in the specific rank (e.g., Captain, Engineer, Firefighter) within each individual jurisdiction.
A-15.2 California Fire and Rescue Mutual Aid System Agencies that have submitted Salary Rates to Cal OES Fire and Rescue Division above the Battalion Chief level shall be reimbursed using the following formulas:
The formula for the total invoice amount with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) is:
[(S x H1) + (S x H1) + (S x H1)] = Total Personnel Reimbursement The formula for the total invoice amount without an MOU/MOA, GBR, or equivalent for all hours (actual hours) is:
[(S x H2) + (S x H2) + (S x H2)] = Total Personnel Reimbursement S = Salary Rate
H
1 = All Hours (portal-to-portal)
H
2 = Actual Hours Worked
A-15.3 If personnel above the Battalion Chief level have an MOU/MOA, GBR, or equivalent that indicates they are to be paid above straight time, the reimbursement will be calculated using one of the following formulas. The MOU/MOA, GBR, or equivalent is subject to the provisions in Clause A-9, and must not be contingent on this Agreement or executed on the sole basis that there is reimbursement from Cal OES, CAL FIRE, or the Federal Fire Agencies.
The formula for the total invoice claim with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) and MOU/MOA, GBR, or equivalent for above straight-time is:
[(S x H1x 1.5) + (S x H1x 1.5) + (S x H1x 1.5)] = Total Personnel Reimbursement The formula for the total invoice claim without an MOU/MOA, GBR, or equivalent for all hours (actual hours) and with an MOU/MOA, GBR, or equivalent for above straight-time is:
[(S x H2x 1.5) + (S x H2x 1.5) + (S x H2x 1.5)] = Total Personnel Reimbursement S = Salary Rate
H
1 = All Hours (portal-to-portal)
H
2 = Actual Hours Worked
Formula for Non-Suppression Personnel Reimbursement Using Salary Rates A-16 California Fire and Rescue Mutual Aid System Agencies that have submitted Salary Rates to Cal OES Fire and Rescue Division for Non-Suppression Personnel shall be reimbursed for actual hours worked using the following formula:
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page A-7
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 The formula for the total invoice claim without an MOU/MOA, GBR, or equivalent for all hours (actual hours) is:
[(S x 1.5 x H2) + (S x 1.5 x H2) + (S x 1.5 x H2)] = Total Personnel Reimbursement S = Salary Rate
H
2 = Actual Hours Worked
The Salary Rate (S) is the average hourly rate of all personnel in the specific rank (e.g., Dispatcher, Heavy Equipment Mechanic, and Inspector) within each individual fire agency.
Non-Suppression Personnel, who have an MOU/MOA, GBR, or equivalent that indicates they are to be paid portal-to-portal according to Clause A-8.2, will be reimbursed in accordance with the following Formula for Personnel Using Salary Rates:
The formula for the total invoice claim with an MOU/MOA, GBR, or equivalent for all hours (portal-to-portal) is:
[(S x H1x 1.5) + (S x H1x 1.5) + (S x H1x 1.5)] = Total Personnel Reimbursement S = Salary Rate
H
1 = All Hours (portal-to-portal)
The Salary Hourly Rate (S) is the average hourly rate of all personnel in the specific rank (e.g., Dispatcher, Mechanic, and Inspector) within each individual jurisdiction.
The 1.5 multiplier in the formula represents an hourly rate, which includes benefits for straight time, and an overtime rate for overtime hours.
Supplemental Fire Department Resource Reimbursement Using NWCG#004-2009 A-17 California Fire and Rescue Mutual Aid System Agencies seeking reimbursement for Supplemental Fire Department Resources will accept rates as outlined in NWCG#004-2009, Attachment D, https://www.nwcg.gov/sites/default/files/memos/eb-m-09-004d_0.pdf, which states that Supplemental Fire Department Resources will be reimbursed using General Schedule tables with locality pay applied for actual hours worked. California Fire and Rescue Mutual Aid System Agencies that roster or sponsor Supplemental Fire Department Resources shall be reimbursed at the rate of the position being filled on the incident.
A-18 California Fire and Rescue Mutual Aid System Agencies shall identify their Supplemental Fire Department Resources separately on the Supplemental Fire Department Resource section of the Cal OES Salary Survey and not include them under the Suppression responder categories. They are not a permanent part of the local fire organization. They are mobilized primarily for response to incidents/wildland fires outside of the fire agency’s jurisdiction. Supplemental Fire Department Resources shall be paid a regular compensation rate for all hours worked plus an overtime
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page A-8
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 compensation rate for actual overtime hours worked, including travel. Base hourly rate shall be no more than step 5 of the appropriate GS wage adjusted for locality pay at the location of the fire department’s jurisdiction. Rates can be found on the Office of Personnel Management website, https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2020/general-schedule/.
Reimbursement costs shall not include portal-to-portal pay or the employee portion of benefits.
Backfill is not reimbursable for personnel hired as Supplemental Fire Department Resource.
Approved travel costs will be in accordance with Clause A-37.
Effective January 1, 2021, no supplemental resources will be hired through the CFAA.
California Interagency Incident Management Team (CIIMT) Participation A-19 Personnel responding under this Agreement, including those who apply for participation on a Federal California Interagency Incident Management Team (CIIMT), must be employed with a federal, state or local agency in a full time, seasonal, part-time or retired-annuitant position for a purpose other than participation on a CIIMT. The CWCG coordinates the application and selection process for IMT rosters and may request proof of employment documentation as part of that process. Applicants who do not meet the criteria can apply under the casual hiring authority as outlined in the Standards for Interagency Incident Business Management.
Engine Company and Tactical Water Tender Staffing
A-20 Engine company staffing shall not be less than three (3) or a reimbursable maximum of four (4).
The State of California or the Federal Fire Agencies will reimburse based on the actual classifications responding, not to exceed one Company Officer, one Apparatus Operator, and one or two Firefighters. Tactical water tender staffing shall be reimbursed based upon the actual classifications responding, not to exceed two Apparatus Operators or one Company Officer and one Firefighter. Personnel filling engine company or tactical water tender positions shall be certified at the appropriate level per Wildland Fire Qualification NWCG 310-1 Sub System Guide, or the California Incident Command Certification System (CICCS).
Strike Team/Task Force Leader Trainee
A-21 The State of California or the Federal Fire Agencies shall provide reimbursement for personnel requested by the State of California or the Federal Fire Agencies to coordinate (Strike Team/Task Force Leaders) or otherwise support the California Fire and Rescue Mutual Aid System resources, or Cal OES-owned emergency apparatus used on incidents. A strike team/task force may, at the discretion of the local jurisdiction, include a Strike Team/Task Force Leader Trainee as a reimbursable member of the unit. The Trainee will be covered under a strike team/task force order-request number and will be identified on a separate Emergency Activity Record (OES F-42), unless the Trainee is from the same California Fire and Rescue Mutual Aid System Agency as the Strike Team Leader. The Strike Team/Task Force Leader Trainee shall travel with the strike team/task force in a vehicle from the existing strike team/task force and will not be reimbursed for
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page A-9
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 the use of a second vehicle. The Trainee may provide the vehicle for the assignment, but no more than one vehicle will be reimbursed. Personnel filling Strike Team/Task Force Leader Trainee positions shall be certified at the Strike Team/Task Force Leader Trainee level per Wildland Fire Qualification NWCG 310-1 Sub System Guide, or CICCS.
A-22 All Trainees are required to check in with the Training Specialist at the incident when one is present. Trainees will follow the qualification process in place at the incident.
Overhead Personnel
A-23 Personnel responding to a State of California or Federal Fire Agency’s request for overhead positions shall meet the training and experience requirements established for the ICS position to be filled (Reference: NWCG 310-1 Sub System Guide or CICCS).
Transfer/Reassignment to Other Operational Areas/Incident A-24 California Fire and Rescue Mutual Aid System emergency apparatus and personnel requested through this Agreement may not be reassigned without the responding agency’s approval. The host State of California or Federal Fire Agency shall secure approval for such reassignment through the California Fire and Rescue Mutual Aid System.
Cal OES Support
A-25 Cal OES Fire Agency Representatives assigned to major incidents may need to have a Cal OES Support/Communications Unit to facilitate coordinating the mutual aid resources assigned to the incident. Local Government Fire Agency Personnel assigned to this resource shall be limited to and reimbursed at a maximum of two (2) persons.
A-26 The State of California or the Federal Fire Agencies shall reimburse the local government fire agency for the use of one agency support equipment. Reimbursement shall be calculated on a daily basis for such equipment at the rate established by the Committee for the approved type or category of vehicle used.
REIMBURSEMENT – EMERGENCY APPARATUS
A-27 The formulas and rates of payment for emergency apparatus shall be considered as covering all reimbursement related to the use of such vehicles except as provided in the Reimbursement of Emergency Apparatus Loss or Damage section in the Recitals of this Agreement, Recital 27.
A-28 Reimbursement for emergency apparatus refurbishment and rehab may be approved by the Incident Command, up to a maximum of 2 hours, as appropriate.
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
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F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page A-10
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 California Fire and Rescue Mutual Aid System Agency Emergency Apparatus A-29 Engines and tactical water tenders shall be reimbursed in accordance with the current FEMA Schedule of Equipment Rates established in the Annual Rate Letter. Engines and tactical water Tenders rates are based on a 16-hour maximum allowable charge, per 24-hour period.
Reimbursement of other emergency response equipment shall be in accordance with 44 CFR 206.228 allowable costs.
A-30 California Fire and Rescue Mutual Aid System Agencies shall assume operational costs, including necessary motor fuels and lubricants used in its emergency apparatus while responding from their home base and returning to their home base from the State of California or Federal Fire Agency incidents. It shall be the responsibility of the responding agency to provide the necessary means of payment for such costs.
A-31 Once at the incident and until released or reassigned, the State of California or the Federal Fire Agencies will provide for motor fuel and lubricants, normal servicing costs, and minor repairs incidental to operation of emergency apparatus including California Fire and Rescue Mutual Aid System Agency support equipment. Minor Repair is defined as any repair necessary to keep the equipment in operation on the fire, which requires not more than two hours (labor time only) for one mechanic for any one job, exclusive of obtaining parts.
Support Equipment, Privately-Owned Vehicles, and Rental Vehicles A-32 The State of California or the Federal Fire Agencies shall reimburse California Fire and Rescue Mutual Aid System Agencies for use of agency support equipment and private vehicles provided in conjunction with requested personnel. Reimbursement shall be calculated on a daily basis for local jurisdiction support equipment at the rate established by the Committee for the type or category of vehicle used. Privately-owned vehicle rates will be reimbursed on a per mile basis according to the current Internal Revenue Service (IRS) standard rate for business miles.
A-33 Reimbursement for mileage or other transportation to and from rental agency will be allowed.
A-34 The use and reimbursement of rental vehicles, mileage or other transportation requires authorization either at the time of the initial request in the Resource Ordering System of Record, or documented by written approval at the incident. Rental vehiclesfrom an airport are discouraged, and the use of economy cars are encouraged. Rental vehicles and the fuel expense while responding to, during, or returning from a State of California or Federal Fire Agency incident will be reimbursed for the actual costs incurred by the California Fire and Rescue Mutual Aid System Agencies. The process to obtain reimbursement for rental vehicle expenses is outlined in Exhibit “H”.
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page A-11
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Aircraft
A-35 Aircraft will be reimbursement based on rates submitted annually on the Salary Survey to Cal OES.
Other Equipment Rates
A-36 All equipment in this exhibit will be reimbursed using the FEMA Schedule of Equipment rates. If a FEMA equipment rate is not identified for the type of equipment being used, a rate may be developed using the FEMA equipment rate formula in Exhibit “F”.
REIMBURSEMENT – TRAVEL EXPENSES
A-37 At no time will the California Fire and Rescue Mutual Aid System Agencies seek reimbursement for travel expenses such as fuel, food, and lodging responding to, during, or returning from a State of California or Federal Fire Agency incident unless formally documented and approved in writing at the incident. The reimbursement of meals to and from the incident will be subject to the U.S. General Services Administration per diem and lodging rates specified in Exhibit “H”.
Travel arrangements and reimbursement, including travel for relieving personnel and backfill, will only be made from the Fire Department/Agency location or residence whichever is closest to the incident or reporting location (such as staging).
If formally documented and approved in writing at the incident, the process to obtain reimbursement for in state travel and incident-related expenses is outlined in Exhibit “H”.
REIMBURSEMENT – PERSONNEL ROTATION
A-38 When California Fire and Rescue Mutual Aid System Agency personnel are committed to extended assignments under this Agreement, there may be a need to rotate and replace personnel.
Personnel under this Agreement are expected to be available a minimum of seven (7) days (elapsed time) excluding travel, before needing replacement, regardless of the number of assignments from original dispatch.
A-39 Expenses that are reimbursable are limited to personnel costs and transportation costs.
Reimbursement for personnel will be in accordance with general personnel reimbursement provisions of this Agreement. Please reference Exhibit “C” for specific personnel rotation procedures.
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page A-12
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020
INCIDENT OFF-SHIFT REST AND SLEEPING ACCOMODATIONS
A-40 The responsible State of California or Federal Fire Agency will provide, when practical, sanitary, shaded and/or climatically maintained accommodations for off shift sleeping, rest, and recuperation for local jurisdiction resources confined to the incident base. If the incident command finds it operationally feasible (e.g., strike team remains available) to place local jurisdiction resourcesin a commercial sleeping accommodation, it may be provided.
REIMBURSEMENT – STATE OF CALIFORNIA, FEDERAL, DOD,
AND TRIBAL FIRE DEPARTMENTS
A-41 State Agency Fire Departments, Federal Fire Departments, DOD Fire Departments, and Tribal Fire Departments may respond through the California Fire and Rescue Mutual Aid System.
Tribal Fire Department’s that have a compacted or contracted wildland fire program from BIA will respond through the Federal Dispatching System and not through the California Fire and Rescue Mutual Aid System.
Reimbursement of Federal Fire Departments, DOD, and Tribal Fire Departments that respond to CAL FIRE, local government, and Cal OES incidents will be in accordance with the Agreement reimbursement provisions.
Reimbursement of Federal Fire Departments, DOD, and Tribal Fire Departments that respond to Federal Fire Agency fires are governed by other federal agreements. In these cases, Cal OES will not produce or process reimbursement invoices for Federal Fire Departments, DOD and Tribal Fire Departments. Federal Fire Departments and DOD Fire Departments ordered through other agreements will invoice the supported Federal Fire Agency directly in accordance with existing federal and local agreements. Tribal Fire Departments that have a current Cooperative Agreement with BIA will invoice BIA directly in accordance with existing federal or local Agreements.
Federal Fire Agencies will not reimburse Federal Fire Departments, DOD or Tribal Fire Departments under this Agreement.
REQUESTING REIMBURSEMENT
A-42 California Fire and Rescue Mutual Aid System Agencies will prepare an OES F-42, and supporting documentation at the incident, which is the basis for reimbursement due and invoice preparation. These forms are provided by Cal OES Fire and Rescue Division. The OES F-42 must be signed by a responsible officer of the jurisdiction seeking reimbursement and by the State of California or Federal Fire Agency Incident Command to verify that the resources requested on the OES F-42 were authorized by the ordering agency and is the initial step for invoice processing.
The completed OES F-42 is forwarded to Cal OES Fire and Rescue Division Headquarters for
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page A-13
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 processing. The OES F-42 should be submitted to the Cal OES Fire Agency Representative at the incident. In the absence of a Cal OES Fire Agency Representative, OES F-42 should be SUBMITTED TO Cal OES FIRE AND RESCUE DIVISION BY THE CALIFORNIA FIRE AND RESCUE MUTUAL AID SYSTEM AGENCY WITHIN THIRTY (30)
CALENDAR DAYS OF RELEASE FROM THE INCIDENT OR PAYMENT WILL BE DELAYED.
A-43 Within sixty (60) calendar days of receipt of the OES F-42, Cal OES Fire and Rescue Division will process the OES F-42 data into invoices (F-142) and return to the California Fire and Rescue Mutual Aid System Agency for verification of billing amounts and signature. THERE WILL BE A DELAY IN PAYMENT FOR INVOICES (F-142) NOT RETURNED TO Cal OES FIRE AND RESCUE DIVISION WITHIN THIRTY (30) CALENDAR DAYS OF RECEIPT FOR VERIFICATION OF BILLING AMOUNTS AND SIGNATURE.
A-44 Upon return receipt and verification of the invoice (F-142) by the California Fire and Rescue Mutual Aid System Agency, Cal OES Fire and Rescue Division will forward the CFAA Reimbursement Invoice (OES F-142) to the appropriate State of California or Federal Fire Agency within thirty (30) calendar days along with a copy of the OES F-42 as the source document.
Inquiries from the State of California and Federal Fire Agencies regarding amounts billed will first be addressed to Cal OES Fire and Rescue Division as soon as possible, as the first step in a joint resolution process.
A-45 The State of California or Federal Fire Agency will remit payment to the California Fire and Rescue Mutual Aid System Agency within sixty (60) calendar days of receipt of the OES F-142 from Cal OES.
A-46 In the event that CAL FIRE or a Federal Fire Agency identifies a discrepancy with an OES F-142, Cal OES will provide the California Fire and Rescue Mutual Aid System Agency a new invoice with the corrected invoice amount and the reason for the change. Cal OES has thirty (30) calendar days to make the change and provide a corrected invoice to the California Fire and Rescue Mutual Aid System Agency and either CAL FIRE or the appropriate Federal Fire Agency.
A-47 CAL FIRE or the Federal Fire Agencies will provide copies of payment schedules to Cal OES every thirty (30) days for invoices to the California Fire and Rescue Mutual Aid System Agencies. Cal OES Fire and Rescue Division will reconcile the payment schedules against outstanding OES F-142(s) on a monthly basis.
A-48 Cal OES will form and chair working groups with membership from the Committee to develop methodologies to streamline the reimbursement process.
The State of California and Federal Fire Agencies will work on procedures to improve the reimbursement efficiencies and timelines. These activities will be documented and shared with the California Fire and Rescue Mutual Aid System Agencies.
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page A-14
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 A-49 The Terms and Conditions and Exhibits in this Agreement may necessitate new methods of reporting and invoicing. All proposed changes to this Agreement, or associated business processes shall be approved by the State of California and Federal Fire Agencies that are partiesto this Agreement.
A-50 Reimbursement for emergency apparatus and personnel shall be made directly to the California Fire and Rescue Mutual Aid Agency providing the resource, and NOT to individuals.
A-51 The OES F-42, shall be used as the basis for personnel and equipment calculations. The resource order form of record shall not be used for reimbursing personnel and equipment costs.
Federal Fire Agency Electronic Fund Transfer
A-52 Federal Fire Agencies require the following for reimbursement to California Fire and Rescue Mutual Aid System Agencies:
1. Taxpayer Identification Number (TIN) – This number is applied for and issued by the Internal Revenue Service (IRS). Contact the IRS @ www.irs.gov or (800) 772-1213.
2. Electronic Funds Transfer (EFT) – The cooperator shall designate a financial institution or an authorized payment agent through which a federal payment may be made in accordance with US Treasury Regulations, Money and Finance at 31 CFR 208, which requires that federal payments are to be made by EFT to the maximum extent possible. A waiver may be requested and payments received by check by certifying in writing that one of the following situations apply:
a. The payment recipient does not have an account at a financial institution. b. EFT creates a financial hardship because direct deposit will cost the payment recipient more than receiving the check.
c. The payment recipient has a physical or mental disability, or a geographic language or literacy barrier.
In order to receive EFT payments, the recipient/cooperator shall register in the System for Award Management (SAM).
3. DUNS Number. The cooperator shall obtain a Dun and Bradstreet Data Universal Numbering System (DUNS). This is a requirement for registering in SAM. The DUNS number does not replace existing numbers, such as Employer Identification Number (EIN), the Tax Identification Number (TIN), and State Application Identifier (SAI) numbers thatare required by statute, Executive Order, or regulation. You may obtain a free DUNS number by contacting Dun & Bradstreet via the web at https://fedgov.dnb.com/. A new DUNS number
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page A-15
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 can be created within one (1) business day. For assistance by phone, call (866) 705-5711 or [email protected].
4. System for Award Management (SAM) Registration Requirement. The cooperator shall maintain current information in SAM until receipt of final payment. This requires review and update to the information at least annually after the initial registration, and more frequently if required by changes in information or agreement term(s). For purposes of the Agreement, SAM means the Federal repository into which an entity must provide information required for the conduct of business as a Cooperative. Additional information about registration procedures may be found at the SAM Internet site (currently at www.sam.gov). For assistance, contact the SAM Assistance Center at (800) 606-8220.
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page B-1
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 B-1 The purpose of this Exhibit is to identify the minimum standards that California Fire and Rescue Mutual Aid System Agencies should follow with regard to their use of Type 1 through 7 engines, Tactical Water Tender, Personal Protective Equipment (PPE) and training standards for mutual aid and/or CFAA-reimbursable responses.
B-2 The State of California and the Federal Fire Agencies Type 3 through 7 engines and tactical water tenders have a number of features that enhance their capability to operate on narrow, steep or unimproved roads and to allow the efficient application of water or other agents. The minimum features of the engines are:
1. Short wheel base
2. High ground clearance
3. High angle of approach and departure
4. Lower Gross Vehicle Weight (GVW) than Type 1 or 2 engine
5. Unit # on roof
B-3 The main fire pump and water tank shall meet minimum capabilities for the FIRESCOPE ICS Type engine or tactical water tender as designated in the current edition of the ICS Field Operations Guide ICS-420-1. The pump, as mounted, shall be capable of drafting water from a water source located 10 feet vertical distance below the pump through the required suction hose.
For Type 3 through 7 engines:
1. 1.5-inch hose will be configured to facilitate progressive hose deployment providing for a l00 foot lateral of 1-inch hose every 200 feet of 1.5-inch trunk line once the fire's edge is encountered.
2. All hose utilized must meet or exceed USDA Specification. One-inch hoses and nozzles will have NPSH threads; 1inch hose with NH threads shall be provided with a sufficient number of NPSH adapters. 1.5-inch hoses and nozzles will have NH threads.
EXHIBIT “B”
ICS Type 1 through 7 ENGINE, ICS TACTICAL WATER TENDER,
PERSONAL PROTECTIVE EQUIPMENT, & TRAINING STANDARDS FOR
FIRE AND EMERGENCY ASSISTANCE
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page B-2
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020
RESOURCE RADIO CALL COMPONENTS TYPES
1 2 3 4 5 6 7
Engine
Company
Engine
Telesquirt*
Pump minimum flow GPM
Tank minimum capacity (gal)
At rated pressure (psi)
Hose 2.5”
Hose 1.5”
Hose 1”
Ladder per NFPA 1901
Master Stream
500 Min. GPM
Pump and Roll
Maximum GVWR (lbs.)
Personnel minimum
1,000
300
150
1,200
500
N/A
Yes
Yes
N/A
N/A
4(#)
500
300
150
1,000
500
N/A
Yes
N/A
N/A
N/A
3 150
500
250
N/A
1,000
500
N/A
N/A
Yes
N/A
3 50
750
100
N/A
300
300
N/A
N/A
Yes
N/A
3(@)
50 400
100
N/A
300
300
N/A
N/A
Yes
26,000
3(@)
50 150
100
N/A
300
300
N/A
N/A
Yes
19,500
3(@)
10 50
100
N/A
N/A
200
N/A
N/A
Yes
14,000
3(@)
*Engine with elevated stream capability, specify when requested (#) 3 or 4-person staffing is acceptable for purposes of reimbursement. (@) Differs from NWCG Guidelines. Per CFAA A-17 and FIRESCOPE BOD direction January 2020.
N/A = Not Applicable
NFPA =National Fire Protection Association
GVWR = Gross Vehicle Weight Rating
Notes:
1. All types shall meet federal, state and agency requirements for motor vehicle safety standards, including all gross vehicle weight ratings when fully loaded.
2. Type 3 engines and tactical water tenders shall be equipped with a foam proportioner system.
3. All water tenders and engine types 3 through 6 shall be able to prime and pump water from a 10-foot lift.
4. See A-17 for staffing levels.
RESOURCE RADIO CALL COMPONENTS TYPES
1 2
Tactical Water
Tender
Water Tender Pump minimum flow GPM
Tank minimum capacity (gal)
At rated pressure (psi)
Pump and Roll
Personnel minimum
250
2,000
150
Yes
2 250
1,000
150
Yes
2 Notes:
1. All types shall meet federal, state and agency requirements for motor vehicle safety standards, including all gross vehicle weight ratings when fully loaded.
2. Type 3 engines and tactical water tenders shall be equipped with a foam proportioner system.
3. All water tenders and engine types 3 through 6 shall be able to prime and pump water from a 10-foot lift.
Common Additional Needs – Request as Needed:
All Wheel Drive (Includes four-wheel drive).
High Pressure Pump (250 psi at one half flow of Type). NFPA 1901 compliant Type 1 and 2 engines will produce one half of rated flow at 250 psi. Type 3 engines are already required to produce rated flow (150 GPM) at 250 psi. If Type 4 through 6 are ordered as high pressure it is recommended that they be required to produce rated flow at 250 psi (50 GPM). Foam proportioner.
Compressed Air Foam System (CAFS) 40 cfm minimum.
Additional personnel.
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page B-3
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Personal Protective Equipment (PPE)
B-4 Each employee responding to or engaged in fire suppression activities will use the appropriate safety clothing and equipment. Each agency is responsible for seeing that Cal OSHA standards for safety clothing and equipment are provided and used for wildland firefighting. Wildland fire suppression safety clothing and equipment includes:
1. Head Protection meeting the requirements of CCR, Title 8, Section 3410
2. Eye and Face Protection meeting the requirements of CCR, Title 8, Sections 3382 and 3404
3. Ear and Neck Protection meeting the requirements of CCR, Title 8, Sections 3405 and 3410(c)
4. Body Protection meeting the requirements of CCR, Title 8, Section 3406(c)
5. Gloves, meeting the requirements of CCR, Title 8, Section 3410
6. Foot Protection meeting the requirements of CCR, Title 8, Section 3408
7. Wildland fire shelter meeting Forest Service specification 5100-606
8. Recommended disposable filtering face piece respiratory protection Training
B-5 The State of California and Federal Fire Agencies have the expectation that when a local jurisdiction resource arrives at an incident it can perform all of the missions that would be expected of the State of California and Federal Fire Agencies’ resource.
B-6 All responding personnel shall be in compliance with the current NWCG 310-1 Sub System Guide or CICCS. Training topics include but are not limited to:
Wildland strategy and tactics Backfiring/firing-out
Wildland fire behavior Handline construction
Wildland hose lays Structure triage
Wildland fire safety Structure defense preparation
Fireground communications Fire weather
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page C-1
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Clauses A-38 and A-39 authorizes the reimbursement of personnel and transportation costs incurred to replace California Fire and Rescue Mutual Aid System Agency personnel committed to extended assignments under this Agreement. Personnel under this Agreement are to be available a minimum of seven (7) days excluding travel (portal-to-portal) before needing replacement, regardless of the number of assignments. This exhibit lists the procedures necessary for a local jurisdiction to follow before reimbursement for their costs will be processed for rotation of their personnel. These procedures only apply when the emergency apparatus remains assigned to the incident but the personnel are rotated. The procedures are:
C-1 The incident commander (IC) or Mobilization (MOB) center manager to which the resources are assigned must approve the personnel rotation and method of transportation. Such approval should not be denied without substantial cause, (e.g., imminent planned release (24 – 36 hours)) of the resources, or a negotiated extension through the Cal OES Fire Agency Representative. The personnel rotation and transportation plan must be coordinated through the incident, the ordering point, agency representative, and/or the overhead responsible for the personnel to be rotated.
C-2 The approved personnel rotation will be documented in:
C-2.1 The approved automated resource ordering system of record. The resource order will be annotated in the documentation section by the incident indicating the date and time of personnel rotation approval. Subsequently the home unit/filling command center will add documentation to include the following information:
C-2.1.1 Method/Mode, date and time of transportation.
C-2.1.2 An ICS General Message Form-213/Rotation Job Aid Template designed specific for personnel rotation must be signed by the IC or MOB center manager approving the rotation. This form shall be attached to the respective OES F-42 associated with the rotation vehicle and overlapping time of personnel.
C-2.2 OES F-42
C-2.2.1 Box 12 of the original OES F-42 will document any personnel rotation with the date and time of the rotation for all individuals whether or not the personnel rotation will be reimbursed.
EXHIBIT “C”
REIMBURSEMENT FOR PERSONNEL ROTATION
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page C-2
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 C-2.2.2 ONLY when a fire agency is requesting reimbursement for an approved personnel rotation that includes transportation cost will a new OES F-42 be required (Check the Aprvd.
Personnel Rotation Box, Personnel Information, Box 11 & Support Vehicle Information, Box 8 on OES F-42 and referenced to the original “E” number, Box 12).
C-2.2.2.1 For approved personnel rotation documented only in the documentation section.
C-2.2.3 OES F-142(s) will identify personnel involved in any rotation and will itemize the costs of transportation for personnel rotations with support documentation.
C-2.3 ICS-214 Unit Log
C-2.3.1 Details of personnel rotation need to be documented (Unit Logs to be retained on file by individual fire agency).
If both the emergency apparatus and the personnel need replacement, the resources will be released and a new resource will be ordered.
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page D-1
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 D-1 It shall be the responsibility of the agency sending mutual aid resources to ensure that those resources have adequate communications capabilities. Adequate communications capability is defined as VHF Highband radios with a minimum of 240 channels and pre-programmed with the most current FIRESCOPE STATEWIDE FREQUENCY CHANNEL PLAN. Effective January 1, 2024, radios will be required to have a minimum capacity of 400 channels with a recommended minimum of 500 channels.
D-2 Emergency apparatus used for mutual aid will have a mobile VHF Highband radio (powered by the emergency apparatus battery and connected to an external antenna) and a minimum of one portable VHF Highband radio. The VHF Highband portable radio should be capable of being operated by alkaline batteries.
D-3 Strike Team/Task Force Leaders: In addition to the communications capability required for emergency apparatus, line personnel are encouraged to respond with a conventional 800 MHz radio pre-programmed with the 800 MHz mutual aid channels as identified in FIRESCOPE STATEWIDE FREQUENCY CHANNEL PLAN.
D-4 For Narrowband Radios: On January 1, 2013, all public safety and business industrial land mobile radio systems operating in the 150-512 MHz radio bands must cease operating using 25 kHz efficiency technology, and begin operating using at least 12.5 kHz efficiency technology. This deadline is the result of an FCC effort that began almost two decades ago to ensure more efficient use of the spectrum and greater spectrum access for public safety and non-public safety users.
Migration to 12.5 kHz efficiency technology (once referred to as Refarming, but now referred to as Narrowbanding) will allow the creation of additional channel capacity within the same radio spectrum, and support more users.
D-5 After January 1, 2013, licensees not operating at 12.5 KHz efficiency will be in violation of the Commission's rules and could be subject to FCC enforcement action, which may include admonishment, monetary fines, or loss of license. Agencies shall ensure that local radio channels are not utilized outside of the agency’s licensed area of operation.
D-6 Agencies should provide a minimum of 4 hours of annual basic radio training for Division Supervisors, Strike Team Leaders, and single resource leader positions.
EXHIBIT “D”
COMMUNICATIONS CAPABILITIES
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page E-1
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 *Intentionally Left Blank. The Committee combined two exhibits into one, which left Exhibit E open for a new subject. Instead of changing reference to lettering of all exhibits, this will be a place holder for a newly added exhibit.*
EXHIBIT “E”
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page F-1
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Hourly Rate= Depreciation + Overhead + Overhaul Labor + Overhaul Parts + Field Labor +Field Parts + Fuel + Lube + Tires
Where:
Depreciation= (Acquisition Cost – Salvage Value) / Economic Life Generally Acquisition Cost = (1 – [Discount % / 100]) * (List Price + Sales Tax + Freight Cost) Hourly Overhead = Overhead / 2112 hours
Where Overhead represents annual equipment overhead costs resulting directly from equipment ownership, the costs include such things as normal risk insurance, storage and security, inspection, and licenses. Profit, project overhead, and general overhead costs are not included in this number. 2112 hours is an annual equipment ownership baseline.
Overhaul Labor = (Annual Overhaul Labor Hours * Mechanic’s Wage) / 2112 Overhaul Parts = Annual Overhaul Parts Cost / 2112
Field Labor = (Annual Field Repair Labor Hours * Mechanic’s Wage) / Average Annual Use Hours Field Parts = (Annual Field Repair Parts Cost + Miscellaneous Supply Parts Cost) / Average Annual Use Hours
Fuel = Average Annual Fuel Cost / Average Annual Use Hours or Fuel = Hourly Fuel Consumption Rate * Unit Cost of Fuel Lube = Annual Lube Cost / Average Annual Use Hours Tires = Tire Cost / Tire Life ** You may also use FEMA’s Special Use Equipment Formula at https://www.caloes.ca.gov/cal-oesdivisions/fire-rescue/administration-reimbursement** EXHIBIT “F”
FEMA EQUIPMENT RATE FORMULA
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page G-1
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 This Exhibit applies to Cal OES and the Federal Fire Agency requests.
G-1 The California Fire and Rescue Mutual Aid System Agencies shall use the following procedures to secure reimbursement for the provision of personnel and local government-owned emergency apparatus ordered for use on Federal incidents outside the State of California.
G-2 Reimbursement of personnel, emergency apparatus, and support equipment will be consistent with Exhibit “A” Reimbursement Policy and Procedures with the following exceptions:
1. Travel costs for lodging, per diem and rental vehicles for personnel shall be reimbursed at the GSA travel rates.
2. Reimbursement for Cal OES-owned communications equipment (e.g., cell and satellite phones orair and phone credit cards) will be at the total actual cost to the State of California.
3. Reimbursement invoices for Cal OES personnel, travel, and equipment will be on an actual cost basis, supported by accounting records, payroll records, and/or activity cards. Invoices for CalOES resources should be submitted no later than 5 months after the end of theincident.
4. Invoices for Cal OES resources will include an administrative rate as determined by the State of California under, Title 2 in the Codeof Federal Regulations (2 CFR), Subtitle A, Chapter II, part 200.
5. Length of assignments for resources responding to incidents outside the State of California will be consistent with the appropriate Federal Fire Agency’s policy. Conditions in Clauses A38 and A-39 of Exhibit “A” concerning minimum of seven (7) days (elapsed time), excluding travel, will not apply to resources responding to requests outside the State of California.
Federal Fire Agency policy on the length of an assignment outside the state is defined as the time period (days) between the first full operational period at the first incident or reporting location on the original resource order and commencement of return travel to the home unit.
Standard assignment length is fourteen (14) days, exclusive of travel from andto home unit.
Time spent in staging and preposition status counts toward the 14-day limit, regardless of pay status, for all personnel, including Incident ManagementTeams.
EXHIBIT “G”
REIMBURSEMENT POLICY AND PROCEDURES FOR OUTSIDE THE STATE OF
CALIFORNIA ASSIGNMENTS
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page H-1
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 The purpose of this exhibit is to identify allowable costs and the process for submitting such cost for instate travel and incident related expenses. This exhibit primarily pertains to costs associated with fuel, food, vehicle and lodging costs as stated in Clauses A-37 and A-39 of Exhibit “A”, as well as attributable incident expenses such as loss or damage to local agency emergency apparatus or support equipment identified in Recital 27 of this Agreement.
In some cases, miscellaneous expenses outside of the above mentioned may be approved if the incident finds that the expense(s) is also attributable to the incident.
1. In order for local agencies to be eligible for reimbursement of expenses related to this exhibit for lodging and per diem, the approval MUST be formally documented in writing by the approving State of California or Federal Fire Agency responsible for an incident by using a General Message Form ICS-213 and/or provide the associated “S#” validating the expense(s) on both the General Message Form ICS-213 and the OES F-42.
2. In order for local agencies to be eligible for reimbursement of expenses related to this exhibit for all other expenses such as loss or damage, the approval MUST be formally documented in writing by the approving State of California or Federal Fire Agency responsible for an incident by using a General Message Form ICS-213 AND provide the associated “S#” validating the expense(s) on both the General Message Form ICS-213 and the OES F-42.
In both cases, when the General Message Form ICS-213 is used, it must be signed by one of these three positions: Incident Commander, Finance Section Chief or Incident Business Advisor.
NOTE: S#’s and approved General Message Form ICS-213’s should ONLY be issued when the incident cannot accommodate the expense in need, and all other options to provide the expense(s) have been exhausted.
Approved out of pocket expense(s) must accompany the OES F-42 along with the formal approval on the General Message Form ICS-213 documenting the S#, the itemized receipt(s), and the Expense Claim Reimbursement Log (OES F-142A). Receipts for meals and incidentals are not required. All other receipts must be taped to an 8 ½ x 11 sheet of paper in date order. All sides of the receipts must be taped and legible; photo copies are preferred.
EXHIBIT “H”
IN-STATE TRAVEL AND INCIDENT RELATED EXPENSES
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page H-2
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Rental Vehicles
This section of Exhibit “H” is to identify both allowable and non-allowable expenses when renting a vehicle. Items listed adhere to the state rental agreement.
Items listed below are NOT allowable expenses:
1. Personal accident insurance, personal effects coverage, or other optional coverage
2. No pre-payment of fuel or refueling
3. No payment of extension costs or late return
4. Airport pickups are discouraged
5. Airport parking feeds
6. GPS unit
7. Satellite radio services (e.g. Sirius XM)
8. Roadside service
9. Damage attributable to the incident may be local government fire agency responsibility Items listed below are REQUIRED to secure reimbursement:
1. Vehicle returned with a full tank
2. Exit invoice
3. Use of economy vehicle recommended
4. Vehicle determination should be based on your incident position
5. At time of rental, you may need to make remarks on your contact that this vehicle is going to an incident base camp and may be driven off pavement
6. If your agency provides a travel/expense car, rental and fuel must be paid by agency card *All other considerations must have prior approval from the incident*
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page H-3
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Rental vehicle reimbursement will use the state rates listed below as the maximum allowable charge:
STATE OF CALIFORNIA SHORT TERM PROGRAM RENTAL RATES TABLE EFFECTIVE, MARCH 3, 2020, WILL BE USED FOR A MAXIMUM AMOUNT ALLOWABLE FOR REIMBURSEMENT.
Class Type Sample Vehicle
Daily
Rates
Weekly
Rates
Compact Nissan Versa $36.06 $144.24
Mid-Size/Intermediate Hyundai Elantra $36.06 $144.24
Standard Buick Verano $38.25 $152.98
Full Size Nissan Altima $38.25 $152.98
Hybrid Electric/Plug-In Zero Emission
Vehicle Toyota Prius
$45.89 $183.58
Compact SUV Jeep Renegade $61.19 $244.77
Medium SUV Hyundai Santa Fe $96.16 $573.68
Pick Up Truck Ram 1500 $76.49 $305.96
3/4-Ton/ 1-Ton Pick Up Truck Chevy Silverado $98.35 $491.73 Mini Van
Dodge Grand
Caravan
$61.19 $244.77
Large Van Ford Transit Wagon $132.22 $793.32
Mini-Cargo Van Ram Promaster City $72.12 $360.60
15’ Cutaway Box Van w/ramp Transit Connect $76.49 $382.45 16’ Box Truck $92.88 $464.41
24’ Box Truck $109.27 $546.36
26’ Box Truck $109.27 $546.36
14’ Stake Bed $92.88 $464.41
24’ Stake Bed $109.24 $546.36
When renting a vehicle beyond four (4) days, assigned personnel will utilize the weekly rate through the seventh (7) day. Any days thereafter that do not constitute a week (seven (7) days) will be considered a daily rate.
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page H-4
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Included in State of California Program Rates-Short Term:
1. Unlimited mileage, Collision Damage Waiver (CDW)
2. $300,000 Supplemental Liability Protection (SLP)
3. Drop Charges: There will be no drop charges for any vehicles that are picked up and returned at an alternative Rental Branch location within the US with the exception of New York.
4. CDW for Business Rentals: Rates include full CDW (Collision Damage Waiver) with no deductible. CDW will cover any physical damage to the vehicle that may occur during a rental and is subject to the terms and limitations set forth in Enterprise’s standard rental contract.
See additional slide for exclusions.
5. SLP for Business Rentals: Rates include SLP (Supplemental Liability Protection). SLP will cover up to $300,000 in liability claims that may occur during a rental, as the result of an accident, and is subject to the terms and limitations set forth in Enterprise’s standard rental contract.
Damage Waiver Exclusion – Off-road use:
1. Operation of any vehicle that was not properly designed for the intended use
2. Excessive vehicle wear and tear, due to off-road operation, that may include:
a. Tire punctures or missing chunks of tread
b. Impact damage (body panels or undercarriage) defined as follows:
i. Scratches larger than 2” or multiple scratches per panel penetrating the paint ii. Dents larger than 2” or multiple dents per panel
iii. Impact to undercarriage that will require repair in order to maintain the drivability of the vehicle
iv. Rips in upholstery, missing or broken interior components
3. Soot, smoke, or stain damage requiring professional cleaning There are several options available to your agency and/or personnel for payment under the State of California Contract:
1. Direct bill account set up by your agency
2. Agency corporate credit card
3. Agencies can use account number XZCPFIR, and renters can choose to use their own payment method.
Rental vehicles authorized on the resource order do not need additional incident approval. The cost of the rental vehicle, if incurred by the local agency, and the fuel purchased to operate the rental vehicle must be submitted on the OES F-142A with receipts taped or photo copied. Rental vehicles that are not authorized on the resource order must receive the formal written approval from the incident as identified on page H-1 of this Exhibit.
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page H-5
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 Documentation Requirements for Reimbursement of Expenses Check List:
General Message Form (ICS-213) signed by the Incident Commander, Finance Section Chief, or Incident Business Advisor
S# documented on forms ICS-213 and OES F-42
Completed OES F-42
Completed and signed OES F-142A with expense documented in date order Receipt(s)* taped on all sides to an 8 ½ x 11 sheet of paper in date order (photocopies preferred) If renting a vehicle, must submit exit invoice
For loss or damage reimbursement to a local agency emergency apparatus or support equipment, additional documentation also required:
Investigation/incident report
Photos
If costs are associated with food or lodging*, the reimbursement will be limited to the GSA Per Diem Rates in effect at the time of the response. Rates are available at https://www.gsa.gov/travel/planbook/per-diem-rates. The first and last calendar day of travel is calculated and reimbursed at 75%. *Double occupancy is preferred as appropriate.
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page H-6
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 OES F-142A at https://www.caloes.ca.gov/cal-oes-divisions/fire-rescue/administration-reimbursement
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page I-1
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 I-1 ACCRUAL ACCOUNTING is a method whereby revenue or expenses are recorded when a transaction occurs rather than when a payment is received or made.
I-2 ACTUAL HOURS shall mean on shift time which includes a specific start and ending time and is recorded as clock hours. On shift time includes actual work, ordered standby and compensable travel. Individuals are required to report to their designated work site as scheduled, ready and willing to perform work safely.
I-3 ADMINISTRATIVE RATE shall mean a pre-established percentage charge that maybe applied by the billing agency as determined by the CFAACommittee.
I-4 AGENCY AIRCRAFT shall mean any firefighting fixed or rotary‐winged aircraft (including Unmanned Aerial Vehicles) owned by Local, State, or Federal Fire Agencies.
I-5 AGENCY REPRESENTATIVE shall mean the ICS position that serves as the point ofcontact for an assisting or cooperating agency that has been delegated authority to make decisions on matters affecting that agency’s participation at the incident and reports to the LiaisonOfficer.
I-6 ANNUAL OPERATING PLAN shall mean a plan developed at the State, Geographic, or local levels for the implementation of administrative or operational practices or concerns.
I-7 ASSISTANCE BY HIRE shall mean fire suppression resources needed to fill the incidentorder that are to be paid for by the protecting agency.
I-8 BASE RATE shall mean the de minimis rate developed by the Committee.
I-9 BUREAU OF INDIAN AFFAIRS shall mean a federal bureau under the Department of the Interior charged with the responsibility to provide wildland fire protection and suppression for trust lands of federally recognized Native American Tribes.
I-10 CALIFORNIA FIRE AND RESCUE MUTUAL AID SYSTEM AGENCIES shall mean agencies, departments, or institutions to which Cal OES has, through agreement, assigned Cal OES-owned emergency apparatus; or who provide locally owned resources under provisions of the California Fire and Rescue Mutual Aid System. These agencies may also be referenced as, however, not be limited to, "local government" or "local agency".
EXHIBIT “I”
DEFINITIONS
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page I-2
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 I-11 CALIFORNIA MOBILIZATION GUIDE shall mean the interagency procedures for requesting, documenting, and sending resources to incidents within the State ofCalifornia.
I-12 CALIFORNIA WILDLAND COORDINATING GROUP shall mean the executive level interagency committee made up of representatives from the USDA Forest Service, California Department of Forestry and Fire Protection, USDI Bureau of Land Management, USDI National Park Service, USDI Bureau of Indian Affairs, USDI Fish and Wildlife Services, Association of Contract Counties representative, and the California Governor’s Office of Emergency Services.
I-13 COMPENSATE shall mean to give money in return for something such as work or paymentfor something lost or damaged.
I-14 DEMOBILIZATION CENTER/FACILITY shall mean that location or facility established at or near an incident for the processing of emergency apparatus and personnel prior to release to its home base.
I-15 DEPARTMENT OF DEFENSE FIRE DEPARTMENT shall mean any organizationmanaged by the Department of Defense for preventing and putting out fires principally on military installations.
I-16 EMERGENCY ACTIVITY RECORD (OES F-42) shall mean the personnel and equipment time record required for reimbursement through the CFAA. Referred to as OES F-42.
I-17 EMERGENCY APPARATUS shall mean any emergency response equipment or apparatus provided through the California Fire and Rescue Mutual Aid System.
I-18 EMERGENCY PERSONNEL shall mean any personnel responding on or with emergency apparatus and requested overhead personnel.
I-19 FEDERAL FIRE AGENCIES shall mean the USDA Forest Service, Pacific Southwest Region; the USDI Bureau of Land Management, California Office, Regions 8 and 10; the USDI National Park Service, Interior Regions 8, 9, 10, and 12; USDI Fish and Wildlife Service, Interior Regions 8 and 10, and USDI Bureau of Indian Affairs, Pacific Region.
I-20 FEDERALLY RECOGNIZED TRIBE shall mean an American Indian or Alaska Native tribal entity that is recognized as having a government-to-government relationship with the United States, with the responsibilities, powers, limitations, and obligations attached to that designation, and are eligible for funding and services from the Bureau of Indian Affairs.
I-21 GOVERNING BODY RESOLUTION (GBR) shall mean a formal declaration of the governing body concerning a certain subject which it either cannot or does not wish to control by ordinance.
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page I-3
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 I-22 HOME UNIT shall mean the geographical location an individual is normally assigned towork.
Also referred to as home base.
I-23 INCIDENT shall mean an occurrence or event, either human-caused or natural phenomena, that requires action by emergency service personnel to prevent or minimize loss of life or damage to property and/or natural resources.
I-24 INCIDENT COMMAND SYSTEM (ICS) shall mean a standardized on-scene emergency management concept specifically designed to allow its user(s) to adopt an integrated organizational structure equal to the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries.
I-25 INCIDENT COMMANDER shall mean the ICS position responsible for overallmanagement of the incident and reports to the agency administrator for the agency having incident jurisdiction.
This position may have one or more deputies assigned from the same agency or from an assisting agency(s).
I-26 INCIDENT MANAGEMENT TEAM (IMT) shall mean the incident commander and appropriate command and general staff assigned to an incident.
I-27 INTERAGENCY shall mean involvement of two or more agencies to an agreement.
I-28 LOCAL AGENCY shall mean any city, city and county, county, or special district.
I-29 LOCAL AGREEMENT shall mean a pre-defined area agreement that includes that portion of the geographical jurisdictions of both the local reciprocal agreement signatories on which they have historically, frequently and continuously cooperated in initial and extended attack.
I-30 LOCAL JURISDICTION shall mean any political subdivision of government.
I-31 MOBILIZATION CENTER shall mean an off-incident location at which emergencyapparatus and personnel are temporarily located pending assignment, release orreassignment.
I-32 MOU/MOA shall mean a memorandum of understanding or memorandum of agreement, which is a formal business document used to outline an agreement made between two separate entities, groups, or individuals.
I-33 MUTUAL AID shall mean an agreement in which two or more parties agree to furnish resources and facilities and to render services to each party of the agreement to prevent and combat any type of disaster or emergency.
I-34 NON SUPPRESSION PERSONNEL shall mean personnel who occupy a civilian position within a fire agency.
Cal OES# 6143-2019
CAL FIRE# 7CA004953
USFS# 20-FI-11052012-147
NPS# P20AC00506
BLM# BLM CFPA CA915-2004
F&WS# FFo8F00000-D-Joo1
BIA# A20ACPRO01
Page I-4
Agreement Between Cal OES/CAL FIRE/USFS/BLM/NPS/FWS/BIA May 1, 2020 I-35 POLITICAL SUBDIVISION shall mean any city, city and county, county, district, or other local governmental agency or public agency authorized bylaw.
I-36 PORTAL-TO-PORTAL shall mean the time of initial dispatch from home base to the timeof return to home base.
I-37 REIMBURSEMENT shall mean to pay someone/agency an amount equal to an amount that agency has spent or where the agency has accrued a financial liability.
I-38 SALARY RATES shall mean the sum of the hourly rates for each personnel in a classification including worker’s compensation and unemployment insurance divided by the number of employees in that classification. The hourly rate should not include overtime. Benefit pay, specialty pay, and/or incentive pay should also be excluded unless the pay is directly tied to each hour of overtime worked.
I-39 SALARY SURVEY refers to the form used to establish rates for reimbursement filed withCal OES Fire and Rescue Division.
I-40 STAGING AREA shall mean the location where emergency apparatus and personnel are assigned to an incident for deployment on a three-minute availability status.
I-41 STRUCTURAL FIRE PROTECTION shall mean fire suppression within a structure.
I-42 STRUCTURE DEFENSE shall mean the protection of homes or other structures fromwildland fire before the fire reaches the structure; exterior fire protection measures.
I-43 SUPPLEMENTAL PERSONNEL shall mean overhead tied to a local fire department generally by agreement who are mobilized primarily for response to incidents/wildland fires outside of their district or mutual aid zone. They are not a permanent part of the local fire organization and are not required to attend scheduled trainings, meetings, etc., of the department staff.
I-44 SUPPRESSION PERSONNEL shall mean personnel who routinely respond to emergencies.
I-45 TRIBAL FIRE DEPARTMENT shall mean a federally-recognized tribe with suppression and/orall-risk response capabilities.
R ______
RESOLUTION NO. _____ (2022 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, IDENTIFYING THE TERMS AND CONDITIONS
FOR FIRE DEPARTMENT RESPONSE AWAY FROM THEIR OFFICIAL
DUTY STATION AND ASSIGNED TO AN EMERGENCY INCIDENT
WHEREAS, the City of San Luis Obispo (“City”) is a public agency located in the County of San Luis Obispo, State of California; and
WHEREAS, it is the City’s desire to provide fair and legal payment to all its employees for the time worked; and
WHEREAS, the City and its Fire Department participates in mutual aid responses to emergencies outside the City and County; and
WHEREAS, the City will compensate its employees overtime in accordance with personnel rules and regulations, their current Memorandum of Agreement, and other applicable state and federal laws, while in the course of their employment and away from their official duty station or assignment and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response; and WHEREAS, the City of San Luis Obispo will seek reimbursement for qualifying mutual aid responses such that all City costs, including but not limited to personnel, apparatus, equipment, and administrative costs, such that responses to reimbursementqualifying mutual aid responses do not have a net negative impact on the City’s financial position.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The San Luis Obispo Fire Department will maintain a current salary survey or acknowledgment of acceptance of the “Base Rate” on file with the California Governor’s Office of Emergency Services, Fire Rescue Division.
SECTION 2. City Fire Department response personnel will be compensated (portal to portal) beginning at the time of dispatch to the return to jurisdictions when equipment and personnel are in service and available for agency response.
SECTION 3. Fire Department response personnel include Fire Chief, Deputy Fire Chief, Battalion Chief, Fire Captain, Engineer, Firefighter, Administrative Analyst, Administrative Assistant, Fire Marshal Chief Building Official, Fire Inspector I, Fire Inspector II, Fire Inspector III, Hazardous Materials Coordinator, Fire Vehicle Mechanic, Mechanic Helper, Emergency Manager, and Emergency Medical Technician.
Resolution No. _____ (2022 Series) Page 2
R ______
SECTION 4. For purposes of out-of-jurisdiction emergency assignments, the following Fire Department unrepresented management classifications are eligible for overtime at a rate of one and one half the employee’s base rate of pay during an event lasting more than eight hours: Fire Chief, Deputy Fire Chief, Fire Marshal Chief Building Official, Fire Marshal, Administrative Analyst, and Emergency Manager.
SECTION 5. Resolution Number 11234 (2021 Series) is hereby repealed and replaced to the extent inconsistent herewith.
Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ______ day of ________ 2022. ___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________
Teresa Purrington
City Clerk
R 11234
RESOLUTION NO. 11234 (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, IDENTIFYING THE TERMS AND CONDITIONS
FOR FIRE DEPARTMENT RESPONSE AWAY FROM THEIR OFFICIAL
DUTY STATION AND ASSIGNED TO AN EMERGENCY INCIDENT
WHEREAS, the City of San Luis Obispo (“City”) is a public agency located in the County of San Luis Obispo, State of California, and
WHEREAS, it is the City’s desire to provide fair and legal payment to all its employees for the time worked; and
WHEREAS, the City and its Fire Department participates in mutual aid responses to emergencies outside the City and County; and
WHEREAS, the City will compensate its employees overtime in accordance with personnel rules and regulations, their current Memorandum of Agreement, and other applicable state and federal laws, while in the course of their employment and away from their official duty station or assignment and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response; and
WHEREAS, the City of San Luis Obispo will seek reimbursement for qualifying mutual aid responses such that all City Costs, including but not limited to personnel, apparatus, equipment, and administrative costs, such that responses to reimbursement-qualifying mutual aid responses do not have a net negative impact on the City’s financial position.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The San Luis Obispo Fire Department will maintain a current salary survey or acknowledgement of acceptance of the “ Base Rate” on file with the California Governor’ s Office of Emergency Services, Fire Rescue Division.
SECTION 2. City Fire Department response personnel will be compensated ( portal to portal) beginning at the time of dispatch to the return to jurisdictions when equipment and personnel are in service and available for agency response.
SECTION 3. Fire Department response personnel include: Fire Chief, Deputy Fire Chief, Battalion Chief, Fire Captain, Engineer, Firefighter, Senior Administrative Analyst, Administrative Assistant, Fire Marshal Chief Building Official, Fire Inspector I, Fire Inspector I, Fire Inspector II, Fire Inspector III, Hazardous Materials Coordinator, Fire Vehicle Mechanic and Mechanic Helper.
Resolution No. 11234 (2021 Series) Page 2
R 11234
SECTION 4. For purposes of out of jurisdiction emergency assignments, the following Fire Department unrepresented management classifications are eligible for overtime at a rate of one and one half the employee’ s base rate of pay during an event lasting more than eight hours:
Fire Chief, Deputy Fire Chief, Fire Marshal Chief Building Official, Fire Marshal, Administrative Analyst, and Senior Administrative Analyst.
SECTION 5. Resolution Number 10903 (2018 Series) is hereby repealed and replaced to the extent inconsistent herewith.
Upon motion of Council Member Christianson, seconded by Vice Mayor Stewart. and on the following roll call vote:
AYES: Council Member Christianson, Marx, Pease, Vice Mayor Stewart, and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 6th day of April 2021.
Mayor Heidi Harmon
ATTEST:
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
Markie Jorgensen
Assistant City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ____________________________.
Teresa Purrington
City Clerk
Item 6i
Department: Information Technology
Cost Center: 1101
For Agenda of: 8/16/2022
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Rebecca Cox, Information Technology Administrative Analyst & Meg Buckingham, Community Development Administrative Analyst SUBJECT: APPROVE AN ON-CALL TECHNOLOGY PROJECT MANAGEMENT
CONSULTANT SERVICES CONTRACT WITH ARCHER STREET, LLC
RECOMMENDATION
1. Authorize the City Manager to execute an agreement with Archer Street, LLC, the selected on-call consulting firm; and
2. Authorize the Finance Director to execute and amend purchase orders in an amount not-to-exceed the authorized project budget; and
3. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving an amendment to the 2022-23 Budget Allocation” to appropriate $52,000 of the City’s Information Technology Replacement Unassigned Fund balance to the Community Development operating budget for Technology Project Management Consultant Services.
POLICY CONTEXT
The City’s Purchasing Policy, Section 203: Bidding Process, calls for a Request for Qualifications (RFQ) to be issued to develop On-call or Master Agreements. The RFQ process solicits proposals from interested consultants stating their qualifications and experience.
The City’s Budget Policies and Procedures, Section 540: Budget Amendments, Budget Amendment Authority designates the City Council as the authority for all supplemental appropriations from fund balance following budget adoption.
DISCUSSION
Background
Various departments within the organization have a shared need for technology project management services and are in the process of going through major upgrades and process improvements, such as upgrades and improvements to the City’s permit processing software (EnerGov), implementation of the Citizen Self-Service Portal (CSS), and assistance with improving transparency, visibility, and accountability in the entitlement/permit process to shorten approval times, improve customer service, and increase economic activity.
Item 6i
These technical and complex projects need leadership, direction, planning, and oversight, which warrants the need for an experienced project manager. A recruitment for the approved Technology Project Manager position commenced in May 2022, with the final interviews completed in July. Ultimately the challenging recruiting environment led to an unsuccessful recruitment and continued vacancy in this critical role. Due to the scope and time sensitivity of these projects, it was determined that an on-call consultant was needed to bring these important programs to completion.
Given the forecasted workplan, staff anticipated surpassing authorized purchasing thresholds. To not disrupt the forward progression of various critical projects (e.g.
EnerGov update), an RFQ (Attachment A) was issued to solicit proposals with the intent to return to Council to approve both the list of qualified consultants and any recommended agreements.
A committee comprised of Information Technology, Finance, and Community Development staff evaluated the four proposals submitted, making the selection based on: experience with specified Enterprise hardware and software programs and applications, project management services and Project Manager PMP certification, and ability to assist with quality assurance and quality control processes. Of the four submitted proposals, the selection committee identified one qualified consultant, Archer Street, LLC, to provide the requested services (Attachment B).
In addition to upgrading, the department is in the middle of various process improvements that require project management support. Projects include transitioning to an online building inspection portal, creating reporting that offers cycle time transparency, and implementing features that allow a more efficient user experience.
Public Engagement
This item is on the agenda for the August 16, 2022, City Council meeting and will follow all the required posting and notification. Public comment on the item can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting.
CONCURRENCE
The Finance Department concurs with the request.
Item 6i
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended action in this report, because the action does not constitute a “Project” under State CEQA Guidelines Section 15378.
FISCAL IMPACT
Budgeted: No Budget Year: 2022-23
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total
Budget
Available
Current
Funding
Request
Remaining Balance Annual
Ongoing
Cost
General Fund –
Economic
Development
$52,000 $52,000 $0 $
State
Federal
Fees
Other:
Information
Technology
Replacement
Fund
$1,132,934 $52,000 $1,080,934
Total $ $104,000 $1,080,934 $0
Issuing the RFQ and establishing a qualified list does not obligate any funds for consultant work. When the on-call agreement is executed, and projects are identified requiring consultant services, quotes will be requested, and purchase orders will be issued at the discretion of the Finance Director in an amount not to exceed authorized project budgets.
The contract amount for the requested work is $104,000. Since the process improvements will also serve the Economic Development division and objectives set forth in the Economic Recovery, Resiliency & Fiscal Sustainability Major City Goal, $52,000 were budgeted in this program to support the system improvements.
The Community Development Department applies a 3.05% Information Technology surcharge to fund associated with work in the EnerGov Enterprise system with an intended use for future program replacement, maintenance, upgrades, staffing, and enhancements. The EnerGov Information Technology surcharge revenue is accounted for in the Information Technology Replacement Fund and requires City Council approval to appropriate to General Fund operating budget (Attachment C). Of the total unassigned IT Replacement Fund balance ($1,132,934), $593,377 is derived from the Information Technology surcharge. Identified funding will be utilized for the workplan illustrated in Attachment D.
ALTERNATIVES
Item 6i
Deny the authorization of RFQ and associated consultant agreement as requested and require that project specific Requests for Proposals (RFPs) be issued for individual Technology projects. The Council could direct staff to proceed issuing Request for Proposals for each individual project, however, the use of on-call consultant services is an efficient and effective approach to completing projects in a timely manner.
ATTACHMENTS
A - RFQ for Technology Project Management Consultant Services B - On-call Agreement with Archer St. LLC
C - Draft Resolution amending FY2022-23 Fund Balance Budget Allocations D - Archer Street LLC, Scope of Services
The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Notice Requesting Qualifications for Technology Consulting Services The City of San Luis Obispo is requesting sealed proposals for technology consulting services All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-appweb/vendor/register/Login.xhtml). All proposals must be received via BidSync by the Department of Finance at or before June 27, 2022, when they will be opened electronically in BidSync.
Project packages and additional information may be obtained at the City's BidSync website at www.BidSync.com.
Please submit your questions to BidSync where the City will answer them publicly. Please contact Dan Clancy at [email protected] with any questions.
For technical help with BidSync please contact BidSync tech support at 800-990-9339.
TABLE OF CONTENTS
A. INTRODUCTION......................................................................................................................................... 2 B. PROJECT SCHEDULE……………………………………………………………………………………………………………………………..2 C. GENERAL TERMS AND CONDITIONS……………………………………………………………………………………………………..3 D. SPECIAL TERMS AND CONDITIONS……………………………………………………………………………………………………….5 E. PROPOSAL REQUIREMENTS………………………………………………………………………………………………………………….7 F. INSURANCE REQUIREMENTS………………………………………………………………………………………………………………11 G. PROPOSAL SUBMITTAL FORM……………………………………………………………………………………………………………14 H. REFERENCES……………………………………………………………………………………………………………………………………...15 I. STATEMENT OF PAST DISQUALIFCATIONS…………………………………………………………………………………………..17 Form of Agreement
Exhibit A
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A. INTRODUCTION AND SCOPE OF SERVICES
The City of San Luis Obispo is seeking qualified Contractors to fulfill project management services in various departments for technology resource requirements as subsequently described in this document.
The City maintains a staff of technology professionals who fulfill many of the City's tasks in systems planning, design and development, PC Support and LAN/WAN administration. In an effort to meet the increased demands in these areas, the City is seeking qualified Contractors, that are State of California based, who can perform technology project management services on a per project basis.
Project Management Services – Project Managers must be skilled in the following:
a. Budgeting
b. Scope Management
c. Change Management
d. Time Management
e. Cost Management
f. Quality Management
g. Human Resources Management
h. Communications Management
i. Risk Management
The Project Manager must be PMP certified and have experience in the following:
a. Municipal Government process and procedures
b. Software development lifecycles
c. Successful implementation of Cloud and On-Premises Enterprise hardware and software systems and applications. Experience with the following systems is preferred:
a. Oracle Cloud ERP (Cloud)
b. Tyler Energov (on-premise)
c. Laserfiche (on-premise)
d. Microsoft SharePoint (Cloud)
The Project Manager must be able to assist City with Quality Assurance and Quality Control processes. a. Application testing to determine if business requirements have been met b. Application testing to determine if City standards have been met c. Application testing to determine if performance requirements have been met d. Review and report ongoing testing results to the City e. Resolve failed testing scenarios with the development group f. Bug and enhancement task tracking
g. Data Validation or Q&A
Contractor shall appoint a Project Manager to direct the Contractor’s efforts in fulfilling Contractor’s obligations under the Contract. The Project Manager shall be subject to approval by the City and shall not
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be changed without written consent of the City’s Project Manager. Foreign outsourcing of all work is prohibited and ideally should be performed within the State of California, or borders of the United States.
B. PROJECT SCHEDULE
Preliminary Schedule Tasks
June 9, 2022 • Release RFQ
June 20, 2022 • Closing date for questions
June 27, 2022 • Closing date for RFQ
June 27 – July 31 • Evaluation of bids and contract awards E. GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall meet all the terms, and conditions of the Request for Proposals (RFP) project package. By virtue of its proposal submittal, the bidder acknowledges agreement with and acceptance of all provisions of the RFP specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials.
Proposal documents shall be submitted electronically via BidSync. However, if you can't submit electronic please send your bid copy in a sealed envelope to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To guard against premature opening, the proposal should be clearly labeled with the proposal title, project number, name of bidder, and date and time of proposal opening. No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the bidder's insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City's insurance requirements are detailed in Section E.
4. Fee Structure. Please include a clear and comprehensive fee schedule, including a statement of hourly rates for all positions and classifications of individuals involved and reimbursable expenses.
5. Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the bidder unopened.
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No proposal received after the time specified or at any place other than that stated in the "Notice Inviting Bids/Requesting Proposals" will be considered. All proposals will be opened and declared publicly. Bidders or their representatives are invited to be present at the opening of the proposals.
6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested as the primary submitter in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub-proposal to a bidder submitting a proposal, or who has quoted prices on materials to such bidder, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals.
7. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged but will be permitted. However, any such oral communication shall not be binding on the City.
CONTRACT AWARD AND EXECUTION
8. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "special terms and conditions" for proposal evaluation and contract award criteria.
9. Competency and Responsibility of Bidder. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of bidders. Bidders will provide, in a timely manner, all information that the City deems necessary to make such a decision.
10. Contract Requirement. The bidder to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award. The contract shall be made in the form adopted by the City and incorporated in these specifications.
CONTRACT PERFORMANCE
11. The City's contract terms and conditions that [Contractor/Contractor] will be expected to execute and be bound by are attached hereto as Exhibit A
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SPECIAL TERMS AND CONDITIONS
1. Contract Award. Subject to the reservations set forth in Paragraph 9 of (General Terms and Conditions) of these specifications, the contract will be awarded to the lowest responsible, responsive proposer.
2. Sales Tax Reimbursement.
For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues.
Therefore, for bids from retail firms located in the City at the time of proposal closing for which sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the proposal by the City in calculating and determining the lowest responsible, responsive proposer.
3. Labor Actions.
In the event that the successful proposer is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposer is no longer the lowest responsible, responsive proposer and to accept the next acceptable low proposal from a proposer that is not experiencing a labor action, and to declare it to be the lowest responsible, responsive proposer.
4. Failure to Accept Contract.
The following will occur if the proposer to whom the award is made (Contractor) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a proposer's bond or security is required; and an award may be made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if it were the party to whom the first award was made.
5. Contract Term.
The supplies or services identified in this specification will be used by the City for five (5) years.
The prices quoted for these items must be valid for the entire period indicated above unless otherwise conditioned by the proposer in its proposal.
6. Contract Extension.
The term of the contract may be extended by mutual consent for an additional one-year, and annually thereafter, for a total of four years.
7. Supplemental Purchases
Supplemental Purchases. Supplemental purchases may be made from the successful proposer during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For these supplemental purchases, the proposer shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the proposer is willing to offer the City a standard discount on all supplemental purchases from its generally prevailing or published price structure during the contract term, this offer and the amount of discount on a percentage basis should be provided with the proposal submittal.
8. Contractor Invoices.
The Contractor may deliver either a monthly invoice to the City with attached copies of detail invoices as supporting detail, or in one lump-sum upon completion.
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9 Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail Proposal Submittal Form, as well as any supplemental items, from other vendors during the contract term.
10. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Proposals will be considered for any brand that meets or exceeds the quality of the specifications given for any item. In the event an alternate brand name is proposed, supplemental documentation shall be provided demonstrating that the alternate brand name meets or exceeds the requirements specified herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer, and the City shall be the sole judge in making this determination.
11. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this RFP package shall include delivery charges, to be delivered FOB San Luis Obispo by the successful proposer and received by the City within 90 days after authorization to proceed by the City.
12. Start and Completion of Work. Work on this project shall begin immediately after contract execution and shall be completed within 90 calendar days thereafter, unless otherwise negotiated with City by mutual agreement.
13. Change in Work. The City reserves the right to change quantities of any item after contract award.
If the total quantity of any changed item varies by 25% or less, there shall be no change in the agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of 25% shall be subject to negotiation with the Contractor.
14. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package.
15. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RFP package.
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PROPOSAL CONTENT
1. Proposal Content. Your proposal must include the following information:
Submittal Forms
a. Proposal submittal summary.
b. Certificate of insurance.
c. References from at least three firms for whom you have provided similar services.
Qualifications
d. Experience of your firm and those of sub-Contractors in performing work and projects relevant to the Scope of Services outlined and described in the request. e. Resumes of the individuals who would be assigned to this project, including any subContractors, with their corollary experience highlighted and specific roles in this project clearly described.
f. Standard hourly billing rates for the assigned staff, including any sub-Contractors. g. Statement and explanation of any instances where your firm or sub-Contractor has been removed from a project or disqualified from proposing on a project.
Work Program
h. Detailed description of your approach to completing the work. i. Detailed schedule by task and sub-task for completing the work. j. Estimated hours for your staff in performing each phase and task of the work, including sub-Contractors, so we can clearly see who will be doing what work, and how much time it will take.
k. Detailed budget by task and sub-task for completing the work. l. Services or data to be provided by the City.
m. Services and deliverables provided by the Contractor(s). n. Any other information that would assist us in making this contract award decision. o. Description of assumptions critical to development of the response which may impact cost or scope.
Requested Changes to Terms and Conditions
p. The City desires to begin work soon after selecting the preferred Contractor Team and expects the Contractor to execute the City's contract and all of the terms therein, as set forth in Exhibit A. To expedite the contracting process, each submittal shall include requested redlined changes to terms and conditions, if necessary. Please be advised that Contractor's requested changes to the City's terms and conditions will be considered by City staff when scoring and determining the competency and responsibility of the bidder.
Proposal Length
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q. Proposal length should only be as long as required to be responsive to the RFP, including attachments and supplemental materials.
2. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee and evaluated on the following criteria:
a. Understanding of the work required by the City.
b. Quality, clarity and responsiveness of the proposal. c. Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City.
d. Recent team experience in successfully performing similar services. e. Creativity of the proposed approach in completing the work. f. Value
g. Writing skills.
h. References.
i. Background and experience of the specific individuals managing and assigned to this project.
As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation.
3. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shall become the permanent property of the City and shall be delivered to the City upon demand.
4. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Contractor as part of the work or services under these specifications shall be the property of the City and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City.
5. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense.
6. Required Deliverable Products. The Contractor will be required to provide:
a. One electronic submission - digital-ready original .pdf of all final documents. If you wish to file a paper copy, please submit in sealed envelope to the address provided in the RFP. b. Corresponding computer files compatible with the following programs whenever possible unless otherwise directed by the project manager:
Word Processing: MS Word
Spreadsheets: MS Excel
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Desktop Publishing: InDesign
Virtual Models: Sketch Up
Digital Maps: Geodatabase shape files in
State Plan Coordinate System as
specified by City GIS staff
c. City staff will review any documents or materials provided by the Contractor and, where necessary, the Contractor will be required to respond to staff comments and make such changes as deemed appropriate.
ALTERNATIVE PROPOSALS
7. Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the alternative and discuss under what circumstances the City would prefer one alternative to the other(s).
8. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor at up to [number] public meetings to present and discuss its findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing work-scope tasks.
9. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Bidders are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the bidder and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the plans and specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of bidder to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the bidder. An ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the bidder or subcontractors to notify City in writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful bidder to achieve the project's objective or standard beyond the amounts provided there for in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described
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written notice within one (1) working day of contractor's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute.
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SECTION E: INSURANCE REQUIREMENTS
The Contractor shall procure and maintain insurance for the duration of the contract against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
3. Cyber Security and Privacy Liability (for vendors providing hardware, pre-packaged software or portal access technology or IT Contractors, systems analysts, website designers, online services and content providers, cloud-based providers, computer programmers, and software Contractors, system installation or software personnel.)
4. Cyber Technology Errors and Omissions Insurance (for software as a service for vendors or Contractors, including colocation (shared hosting centers), cloud services, managed dedicated servers, programmers, and other IT professionals.)
5. Automobile liability insurance. Contractor if using automobile in the course of its business with the City shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Minimum Insurance Requirements. Contractor shall maintain insurance amounts of no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit ($2,000,000)
2. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
3. Cyber Security and Privacy Liability: Contractor/Contractor shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including but not limited to personally identifiable information (PII), protected health information (PHI), security codes, access codes, passwords, etc. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks. c. Liability arising from introducing a computer virus into or otherwise causing damage to vendor (firstPage 210 of 418 -12-
party) or customer's (third party) computer, computer system, network, or similarly related property and the data, software, and programs.
d. Liability arising from professional misconduct or lack of the requisite skill required for performing services defined in the contract or agreement.
e. Costs associated with restoring, updating, or replacing data. f. Costs associated with a privacy breach, including notification costs, customer support, forensics, crises management, public relations consulting, legal services of a privacy attorney, credit monitoring, and identity fraud resolution services for affected individuals.
This coverage may be bundled into one policy or purchased as two separate policies. If coverage is maintained on a claims-made basis, Contractor/Contractor shall maintain such coverage for an additional period of three (3) years following termination of the contract.
4. Cyber technology errors and omissions insurance (as applicable). Contractor shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:
a. Liability arising from the unauthorized release of information for which an entity has the legal obligation to keep private, such as personally identifiable information (PII) and protected health information(PHI). b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks. c. Liability arising from the failure of technology products (software and hardware) required under the contract for Contractor to properly perform the intended services. d. Claims alleging the failure of computer security that result in the transmission of malicious code, deletion, destruction or alteration of data, or the denial of service. e. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights.
f. Liability arising from the rendering, or failure to render, professional services. g. Defense costs in regulatory proceedings (state and federal) involving a violation of privacy laws or intellectual property rights.
h. Crisis management and other expert services.
If coverage is maintained on a claims-made basis, the Contractor shall maintain such coverage for an additional three (3) years following termination of the contract.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents, or volunteers.
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2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty
(30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.
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SECTION I: PROPOSAL SUBMITTAL FORM - SAMPLE
The undersigned declares that she or he has carefully examined [__________] which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full:
BID ITEM:
Total Base Price
Sales tax []
Other
TOTAL $
Delivery of equipment to the City to be within _______ calendar days after contract execution and written authorization to proceed.
q Certificate of insurance attached; insurance company’s A.M. Best rating: __________________.
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the present business name: .
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.
Reference No. 1:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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Reference No. 3
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances. ◼ Do you have any disqualification as described in the above paragraph to declare? Yes q No q
◼ If yes, explain the circumstances.
Executed on at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________
Signature of Authorized Proposer Representative
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EXHIBIT A : FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [CONTRACTOR'S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor.
W I T N E S S E T H:
WHEREAS, on [date], City requested proposals for [______________] WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said project;
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance or completion of said project.
2. INCORPORATION BY REFERENCE. City RFQ ______ and Contractor's proposal dated [date] is hereby incorporated in and made a part of this Agreement and attached as Exhibit A. To the extent that there are any conflicts between the Contractor's fees and scope of work and the City's terms and conditions, the City's terms and conditions shall prevail, unless specifically agreed otherwise in writing signed by both parties.
3. CITY'S OBLIGATIONS. For providing the services as specified in this Agreement, City will pay, and Contractor shall receive therefore compensation [xxxxxxx].
4. CONTRACTOR/CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and the said specifications.
5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager.
6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto.
No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto.
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7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows:
City Name
Dept.
Address
Contractor Name
Title
Address
Address
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that everyone executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
CITY OF SAN LUIS OBISPO:
By:_____________________________________
City Manager
APPROVED AS TO FORM: CONTRACTOR:
________________________________ By: _____________________________________ City Attorney Name of CAO / President
Its: CAO / President
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Standard Terms and Conditions
Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages and amounts specified in this request within 10 (ten) calendar days after notice of contract award as a precondition to contract execution.
Business License & Tax. The Contractor must have a valid City of San Luis Obispo business license & tax certificate before execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805) 781-7134.
Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with all federal, state, county, City, and special district laws, ordinances, and regulations.
Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work.
Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay.
Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary.
Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety.
Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees.
Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work.
Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United State pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons.
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Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same.
Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor (Net 30).
Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done, and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements.
Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor.
Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree in the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City.
Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Contractor shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents ("City Indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the Contractor's performance or Contractor's failure to perform its obligations under this Agreement or out of the operations conducted by Contractor, including the City's active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City's option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a "construction contract" as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil
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Code Sections 2782 and 2782.8), Contractor shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents ("City Indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the Contractor's performance or Contractor's failure to perform its obligations under this Agreement or out of the operations conducted by Contractor, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City's option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (c) Design Professional Services: In the event Contractor is a "design professional", and the Scope of Services require Contractor to provide "design professional services" as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Contractor shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents ("City Indemnitees"), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert Contractor and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Contractor, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Contractor shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Contractor unless adequately corrected by Contractor.
In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's performance of this Agreement, the Contractor shall provide a defense to the City Indemnitees or at the City's option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Contractor under this paragraph exceed Contractor's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Contractor shall meet and confer with other parties regarding unpaid defense costs.
(d) The review, acceptance or approval of the Contractor's work or work product by any indemnified party shall not affect, relieve or reduce the Contractor's indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.
Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City.
Termination for Convenience. The City may terminate all or part of this Agreement for any or no reason at any time by giving 30 days written notice to Contractor. Should the City terminate this Agreement for convenience, the City shall be liable as follows: (a) for standard or off-the-shelf products, a reasonable restocking charge not to exceed ten (10) percent of the total purchase price; (b) for custom products, the less of a reasonable price for the raw materials, components work in progress and any finished units on hand or the price per unit reflected on this Agreement. For termination of any services pursuant to this Agreement, the City's liability will be the lesser of a reasonable price for the services rendered prior to termination, or the price for the services reflected on this Agreement. Upon termination notice from the
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City, Contractor must, unless otherwise directed, cease work and follow the City's directions as to work in progress and finished goods.
Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency.
If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the terminations thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall work scope.
The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal.
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1 CITY OF SAN LUIS OBISPO
AGREEMENT FOR PURCHASES OF GOODS AND SERVICES
This Agreement for Purchases of Goods and Services (this “Agreement”) is made and entered into in the City of San Luis Obispo on ______________________________ (the “Effective Date”) by and between the City of San Luis Obispo, a municipal corporation (“City”) and Archer Street, LLC “Contractor”). City and Contractor are sometimes referred herein individually as a “Party” and collectively as the “Parties.” W I T N E S S E T H:
WHEREAS, on June 27, 2022, City requested qualifications for technology consulting services; and
WHEREAS, pursuant to said request, Contractor submitted qualifications that were accepted by City;
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the Parties agree as follows:
1. TERM. The term of this Agreement shall commence on the Effective Date and end five years thereafter.
2. INCORPORATION BY REFERENCE. City Notice Requesting Qualifications for Technology Consulting Services and Contractor's proposal dated June 18, 2022, are hereby incorporated in and made a part of this Agreement and attached as Exhibit A. The City’s terms and conditions are hereby incorporated in and made a part of this Agreement as Exhibit B. The City’s insurance requirements are hereby incorporated in and made part of this Agreement, attached as Exhibit C. To the extent that there are any conflicts between the Contractor’s fees and scope of work and the City’s terms and conditions, the City’s terms and conditions shall prevail, unless specifically agreed otherwise in writing signed by both Parties.
3. REVISIONS TO EXHIBIT B. The Parties agree to revise Exhibit B as set forth below. a. Proposal Content, No. 8, p. 9, entitled “Attendance at Meetings and Hearings” shall be revised to state the following:
As part of the workscope and included in the contract price is attendance by Contractor at up to four (4) public meetings to present and discuss its
2 findings and recommendations. Contractor shall attend as many “working” meetings with staff as necessary in performing workscope tasks. b. Standard Terms and Conditions, p. 24, shall add the following new provisions:
Termination by Contractor for Convenience. Contractor may terminate this Agreement for any or no reason at any time by giving thirty (30) calendar days written notice to the City.
Termination by Contractor for Cause. If, during the term of this Agreement, Contractor determines that City is not faithfully abiding by any term or condition contained herein, Contractor may notify City in writing of such defect or failure to perform. This notice must give City a ten (10) calendar day notice of time thereafter in which to cure the deficiency or perform. If City has not performed or cured within such ten days specified in the notice, such failure shall constitute a breach of this Agreement and Contractor may terminate this Agreement immediately by written notice to City to said effect. Thereafter, neither Party shall have any further duties, obligations, responsibilities, or rights under the contract, except that any and all obligations of Contractor’s surety shall remain in full force and effect. In the event of termination by Contractor, Contractor shall be entitled to damages under applicable law.
Limitation of Liability. Except as expressly provided for herein, Contractor shall not be liable in contract or tort to the City for any special, consequential, or incidental damages arising out of or in connection with this Agreement, including, but not limited to, lost profits, loss of use, nor for any damages in excess of Contractor’s insurance policy limits.
4. CITY'S OBLIGATIONS. For providing the services as specified in this Agreement, City will pay, and Contractor shall receive therefore compensation per project as set forth in Exhibit A.
5. CONTRACTOR/CONSULTANT’S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and the said specifications.
6. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager.
3 7. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto.
8. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows:
City Miguel Guardado
IT Dept.
990 Palm Street
San Luis Obispo, CA 93401
[email protected]
Consultant Archer Street, LLC
3894 Crenshaw Blvd.
Unit 8551
Los Angeles, CA 90008
9. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that everyone executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
CITY OF SAN LUIS OBISPO:
By:____________________________
Derek Johnson, City Manager
APPROVED AS TO FORM:
________________________________
J. Christine Dietrick, City Attorney
CONTRACTOR:
By: ________________________________
Tony Rice II, Chief Executive Director
Archer St, LLC
R ______
RESOLUTION NO. _______ (2022 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING AN AMENDMENT TO THE FY
2022-23 BUDGET ALLOCATION
WHEREAS, in accordance with the San Luis Obispo City Charter Section 802, the City manager submitted the Fiscal Year 2022-23 Supplemental Budget to Council for its review and consideration on June 7, 2022; and
WHEREAS, a 3.05% Information Technology Surcharge is collected on designated EnerGov user and regulatory fees; and
WHEREAS, the Information Technology Surcharge revenue is deposited into the Information Technology Replacement Fund and resides in the fund balance; and WHEREAS, the Community Development Department will be utilizing funding for Technology Project Management Consulting Services for EnerGov Enterprise system enhancements and needs to appropriate the expenditure budget from fund balance.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
Resolution No. _____ (2022 Series) Page 2
R ______
SECTION 1. Resolution Number 11338 (2022 series) is hereby amended to appropriate $52,000 of the City’s Information Technology Replacement Fund undesignated fund balance to the General Fund, Community Development Operating Expenditures.
Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _______________ 2022. ___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________
Teresa Purrington
City Clerk
Archer Street LLC Tony Rice II
3894 Crenshaw Blvd. Chief Executive Officer
Unit #8551 Archer Street
Los Angeles, CA 90008 Tel. +1 202 215 7295
www.archerstreet.com [email protected]
Copyright © 2022 Archer Street LLC. All rights reserved.
Date: July 1, 2022
Customer: City of San Luis Obispo, CA
Vendor: Archer Street LLC
Scope of Services
I. Project Management Resource Assignment:
A. Tony Rice II, Los Angeles, CA - Senior Project Manager II. Duration: July 1, 2022 to June 30, 2023 (52 weeks)
A. The intent of the Senior Project Manager is to allocate approximately 20 hours per week to the City of San Luis Obispo’s Community Development Department III. Enterprise Projects (includes associated hardware, software, and integrations related to the scope of each project listed below):
A. EnerGov Upgrade
B. EnerGov Citizen Self-Service (CSS) Implementation
C. EnerGov Inspection Implementation
D. EnerGov eReview Implementation
E. EnerGov Decision Engine Implementation
IV. Project Manager Activities:
A. General:
1. The Enterprise Technology Project Manager is responsible to provide long term leadership, direction, planning, and oversight capability to assist the City of San Luis Obispo in managing the identified enterprise projects listed above.
2. Serve as an advocate for the City of San Luis Obispo during interactions with other parties associated with the project including vendors, other consultants, and other agencies.
3. Serve as a primary representative to the assigned projects by supporting the communication and socialization of project goals, objectives, and charter.
4. Serve as the primary focal point for communications between City's leadership, project stakeholders, and members of the project team including software vendor personnel.
5. Serve as an advisor to the City's Leadership and IT Manager to ensure that the project is managed as effectively as possible.
6. Directly oversee activities for members of each project Core Team to ensure that they have proper direction and guidance in the execution of their duties.
7. Oversee the execution of project management processes and ensure that project management processes are effectively managed in accordance with best practices. Specific processes include:
a) Scope Management
2 Copyright © 2021 Archer Street LLC. All rights reserved. b) Schedule Management
c) Quality Management
d) Issue and Risk Management
B. Project Planning:
1. Project Initiation:
a) Meet with Project Sponsor and key stakeholders to review project scope, logistics, and milestones.
b) Establish project and deliverable expectations.
c) Identify and communicate with expected participants in the project meeting.
d) Review vendor statement of work and expected deliverables. e) Coordinate kickoff meeting to establish clear understanding of project objectives, roles and responsibilities, timelines, activities, and team introductions.
2. Project Work Plan:
a) Develop detailed project work plans that will be updated to a final form based on City feedback (requires inputs and details from software vendor).
b) Manage and maintain the project work plans.
3. Project Organizational Structure:
a) Work with City in developing a project organizational structure. b) Work with City in identifying roles and responsibilities for the various components of the project organizational structure.
c) Identify estimated time commitment for each of the roles on the project. d) Work with City in defining project communication plan. e) Work with City in decision escalation process.
4. Meeting Coordination:
a) Conduct a kick-off meeting at the beginning of the contract. b) Schedule and hold a weekly/bi-weekly status meeting for each project team members and stakeholders.
c) Coordinate and schedule other meetings as required in the execution of the project.
d) Record and archive meeting minutes for meetings led by the Senior Project Manager.
5. Project Reporting:
a) Provide a weekly status report.
b) Ad hoc reporting needed to satisfy external or management information requests.
c) Other reporting requirements as requested by the IT Manager.
C. Requirements Management:
1. Oversee and manage the process of identifying and documenting system requirements by vendor teams and staff that are created in requirement documents, "as-is" and "to-be" process flow diagrams and requirements traceability documents.
3 Copyright © 2021 Archer Street LLC. All rights reserved.
2. Provide direction and oversight to manage the requirements identification and documentation work as needed
3. Verify with City Staff that requirements are accurately documented by vendor teams.
4. Verify that the testing process executed by vendor teams correctly tests system functionality based on documented requirements.
5. Verify that requirements documentation is updated and modified as necessary over the course of the project.
D. Implementation Management:
1. Oversee and manage activities of vendors and personnel working on the project during the design, development, testing, deployment, and go-live support phases.
2. Ensure that tasks are managed in the work plan and track the progress of each tasks.
3. Provide quality management services to ensure that vendor and staff deliverables meet contract and project requirements and are meeting quality standards.
4. Ensure that issues, risks, decisions affecting stakeholders are identified, analyzed and addressed as necessary.
E. User Testing Management:
1. Oversee development of user acceptance test plans, test scripts, and test cases.
2. Coordinate and work with vendor to document User Acceptance Testing outcomes.
F. Rollout Planning and Go-Live Support Services:
1. Coordinate with vendors and City Staff to develop a rollout and support plan for a smooth transition to the new system.
2. Recommend City Staff to serve as rollout support personnel who can assist the City in coordinating and conducting the system rollout.
G. Project Closeout:
1. Verify deliverables and documentation are completed.
2. Archive deliverables and documentation to City archives.
3. Conduct lessons learned discussion and document outcomes.
4. Support project signoff and contract closeout with Project Sponsor and IT Manager.
H. Collaboration Tools:
1. Project Manager intends to use required City enabled software tools including Microsoft Outlook and Microsoft Teams to provide collaboration among the stakeholders and members of the project team to more effectively manage the project and communicate effectively with stakeholders.
V. Key Assumptions:
A. Senior Project Manager will be available for City Staff between 8:30AM - 5:00PM PST, Monday through Friday.
B. Senior Project Manager will work remotely and only come on-site on an as needed basis based on their availability.
4 Copyright © 2021 Archer Street LLC. All rights reserved.
C. City of San Luis Obispo will provide core team resources that will serve as key project resources who will be responsible for requirements definition and gathering, design confirmation, user testing completion, data clean-up, process training, change management, department/ stakeholder communications, go-live support, and subject matter expertise.
D. City of San Luis Obispo will provide access to facilities, technology systems, and project tools (Microsoft Outlook, Microsoft Teams, etc.) as needed.
E. Training services will be the responsibility of the technology vendors and/or City of San Luis Obispo.
F. City of San Luis Obispo will provide a Project Sponsor for each project to assist in coordinating with City Staff, logistics, and decisions.
G. Duration of services and Project Manager Activities defined in this scope of work are based on the planned implementation schedules established by the City and Software Vendors for the stated Enterprise Projects.
H. Impacts to implementation schedules outside of the duration of services may affect the ability to deliver Project Manager Activities defined in this scope of work Schedule of Compensation
I. The work will be completed on a time and materials per hour basis at a rate of $100 per hour.
II. Invoices are expected to be delivered monthly for services rendered the preceding month.
III. III. Project-related costs will be billed only with prior written approval from the Project Sponsor, IT Manager, or designee at a cost + 10% administration fee (other types of travel related to the project such as on-site visits are considered other project-related costs).
IV. Archer Street terms accommodate pro-rata professional fees should work stop prematurely for any reason.
V. Additional services outside of the scope of services and duration for this proposal will be considered based on the same hourly rate of $100 per hour.
Item 6j
Department: Community Development
Cost Center: 2001
For Agenda of: 8/16/2022
Placement: Consent
Estimated Time: N/A
FROM: Brigitte Elke, Finance Director
Prepared By: Esteban Cano-Gutierrez, Financial Analyst – Infrastructure Financing SUBJECT: ANNUAL SPECIAL TAX LEVY REPORT FOR THE CITY OF SAN LUIS OBISPO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (SAN LUIS RANCH)
RECOMMENDATION
Receive and file the Annual Special Tax Levy Report for the City of San Luis Obispo Community Facilities No. 2019-1 (San Luis Ranch).
POLICY CONTEXT
On July 18, 2017, Council approved the San Luis Ranch Specific Plan and determined it was consistent with the City’s General Plan. An evaluation of the project's consistency with General Plan policies is discussed at length in Section 4.9 of the certified Final Environmental Impact Report.
The Specific Plan required that funding mechanisms be included to ensure that public infrastructure was coordinated with future development under the plan. The formation of a Communities Facilities District (CFD) was consistent with this requirement. On April 16, 2019, the Council adopted Resolution No. 10998 to form the City of San Luis Obispo Community Facilities District 2019-1 (San Luis Ranch). As enabled by the Mello-Roos Community Facilities Act of 1982, a CFD allows a local jurisdiction to levy a special tax within a specified area to pay for public services and/or infrastructure needed within that area. Over the past three decades, CFDs have become a common mechanism for cities to fund services and finance development-related infrastructure, and the use of a CFD, in this case, is consistent with the City’s Economic Development Strategic Plan and the General Plan.
The General Plan provides specific policies related to the funding of infrastructure noted below:
1.13.6. Required Plans: The City shall not allow the development of any newly annexed private land until the City has adopted a specific development plan for land uses, open space protection, roads, utilities, the overall pattern of subdivision, and financing of public facilities for the area.
Item 6j
1.13.9. Costs of Growth: The City shall require the costs of public facilities and services needed for new development to be borne by the new development unless the community chooses to help pay the costs for a certain development to obtain community-wide benefits. The City shall consider a range of options for financing measures so that new development pays its fair share of costs of new services and facilities which are required to serve the project, and which are reasonably related to the new growth attributable to the development.
This report and the levying of the special tax are consistent with these General Plan policies and with the City’s local goals and policies for Community Facilities Districts.
DISCUSSION
Background
After the approval of the San Luis Ranch Specific Plan, the City Council approved its Development Agreement (DA) on July 17, 2018. The DA provided the basis for the formation of the San Luis Ranch CFD. The CFD for San Luis Ranch was formed to fund major road improvements, potable and non-potable water system improvements, drainage system improvements, wastewater system improvements, solid waste improvements, park and paseo improvements, open space improvements, utilities, and other authorized facilities under the Mello-Roos Act, serving the Project as a condition of the City’s approval of the development.
Subsequently, on February 19, 2019, the City Council, as the legislative body of the CFD, adopted a Resolution of Intention, including the Rate and Method of Apportionment (RMA) that specified the special tax to be levied by and within the district. The RMA was updated on April 20, 2021, to allow the CFD to incur bonded indebtedness in the aggregate principal amount of not to exceed $25,000,000 secured by the levy of the mentioned special tax within the CFD.
As one of the steps for the approval of bond issuance, on May 5, 2021, the City Council adopted Ordinance No. 1697 (2021 Series) (Attachment B), approving the levy of a special tax within the CFD for the fiscal year 2021-22 and all subsequent fiscal years and is solely applicable within the boundaries of the San Luis Ranch CFD. The purpose of the levy of the special tax within the CFD is to cover authorized costs identified in the RMA such as administrative expenses, debt service, the payment of other costs associated with the bonds, etc.
The City has already established the necessary accounts with the County of San Luis Obispo Tax Collector to administer the special tax within the San Luis Ranch CFD. All necessary documentation and information were provided to the County of San Luis Obispo Tax Collector in proper form and required timelines to bill and collect the special tax on the secured property tax roll of the County in FY 2022-23. This does not exclude the City’s right to utilize any other lawful means of billing, collecting, and enforcing the special tax, including direct billing, supplemental billing, and, when lawfully available, judicial foreclosure of the special tax lien.
Item 6j
Annual Special Tax Levy Report
The CFD Annual Special Levy Tax Report (Attachment A) covers all assessor parcels of land within the boundaries of the City of San Luis Obispo Community Facilities District No. 2019 -1 (San Luis Ranch). The special tax attributed to each parcel was computed following the amended Rate and Method of Apportionment as approved by Council in Resolution No. 11233 (2021 Series). The report is divided into four chapters including an introduction, information about the taxable CFD land uses, the annual CFD cost, the assignment of the maximum special tax and special tax levy for FY 2022 -23, and the proposed special tax levy for FY 2022-23.
Previous Council or Advisory Body Action
On April 20, 2021, the City Council adopted Resolutions No. 11233, 11238, 11239, and 11240 (2021 Series) amending the Rate and Method of Apportionment and approving the issue of bonds for the San Luis Ranch CFD.
On May 5, 2021, the City Council adopted Ordinance No. 1697 (2021 Series) authorizing the levy of a special tax for fiscal year 2021-22 and subsequent fiscal years.
Public Engagement
The annual special tax report requires a "notify" level of public engagement that was accomplished through the publication of the agenda, associated report, and the public session of the City Council. Public comment can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting.
CONCURRENCE
The City’s Community Development Department concurs with the report as presented.
ENVIRONMENTAL REVIEW
Annual special tax reporting for the City of San Luis Obispo Community Facilities District No. 2019-1 (San Luis Ranch) is categorically exempt from California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15306 (Information Collection) and the action otherwise qualifies for a "general rule" exemption according to Section 15061(b)(3), which covers activities "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Annual reporting does not change any aspect of the approved San Luis Ranch project, nor does it introduce the potential for any new environmental impacts. Under Section 15306, the Secretary for the California Natural Resources Agency has concluded that "basic data collection, research, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource" are exempt from CEQA.
FISCAL IMPACT
Budgeted: NA Budget Year: 2023-23
Funding Identified: Yes
Item 6j
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund NA NA NA NA
State
Federal
Fees
Other:
Total NA NA NA NA
Each fiscal year, the District Administrator will calculate the maximum amount of special tax revenue that may be collected from all taxable parcels in the CFD. Given that the district is currently being build-out, the levy for FY 2022-23 is based on the number of building permits issued by the first week of July 2022. Currently, the developer has issued 263 building permits (75 for low-density, 68 for medium-density, 24 townhomes, 36 condominiums, and 60 efficiency units). By allocating the allowable maximum of the assigned special tax for all developed parcels, the total special tax levy for the FY 2022- 23 amounts to $ 594,374.32
The initial debt service will be paid for by capitalized interest funds established through the issuance of CFD bonds. In total, interest-only debt service payments for September 2022 amount to $391,800 and will be paid by the levy and deposited in the Capitalized Interest Fund.
While not mandated under the provisions of the RMA, the City may levy the maximum special tax for developed parcels each fiscal year. Special tax revenues collected, that are not otherwise needed to fund the administration of the CFD, debt service, and the replenishment the bond reserve fund, may be allocated to “pay-as-you-go” (PAYGO) efforts as outlined in the approved Acquisition Agreement. Following the Acquisition Agreement entered into in October 2020 between the City and the San Luis Ranch’s developer, any amount not required to cover other authorized cost for the CFD must be used in half to reimburse the developer (PAYGO) for the shortfall between the anticipated cost of the public infrastructure built and the bonds’ net proceeds, and the other half to the City to cover any applicable cost it might incur associated to the CFD.
In taxing developed parcels for FY 2022-23 at the allowable maximum rate, there will be a total of $41,227.74 collected that is not required for other authorized cost of the CFD.
This amount may be used to fund applicable PAYGO expenditures.
Item 6j
ALTERNATIVES
1. Council could decide not to receive and file the Special Tax Annual Report for San Luis Ranch. This is not recommended as the review and acceptance of the annual report is a requirement of the CFD under the Mello-Ross Act.
2. Council could request additional clarifications on the CFD and related tax levy.
Staff will amend the report and return at a later date for acceptance.
ATTACHMENTS
A – City of San Luis Obispo Community Facilities District 2019-1 Tax Report B – Ordinance No. 1697 (2021 Series)
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1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
Map 1
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Table 1
CFD No. 2019-1 (San Luis Ranch)
CFD Parcels - FY 2022-23
Land Use Lot No. Acres Units Density
[1]
Residential Uses
Low Density Residential (LDR) 11-208 15.51 198 12.77
Medium Density Residential (MDR) 220-302 5.14 83 16.15
High Density Residential (HDR) [2]
Townhomes 5-7 3.65 80 21.94
Condominiums 1-2 3.33 96 28.83
Efficiency Units 3-4 1.93 120 62.26
Residential Use Totals 29.55 577
Nonresidential Uses
Commercial 7 11.44
Commercial 8 3.33
Commercial 9 3.81
Nonresidential Use Totals 18.58
Public Uses
Parks 3.19
Open Space 7.81
Agricultural 52.32
Regional Road 9.00
Local Road 8.84
Public Use Totals 81.16
CFD Totals 129.29 577
"cfd_LU"
Source: Cannon
[1] Lot numbers are designated on the final map for the development. [2] Lot numbers refer to those shown in Map 3.
Prepared by EPS 7/21/2022 Z:\Shared\Projects\Oakland\211000s\211048_San Luis Ranch CFD Administration\2022 Admin\Models\211048 Model 2022 Page 247 of 418 1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
Map 2
Map 3
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Table 2
CFD No. 2019-1 (San Luis Ranch)
Annual Cost for FY 2022-23
Item Amount
Beginning Special Tax Fund Balance [1] $0.00
Capitalized Interest Fund Balance [2] $392,153.42
Total Funds Available for Annual Costs $392,153.42
Debt Service Requirement
March 1, 2023 Interest $389,850.00
September 1, 2023 Interest $389,850.00
September 1, 2023 Principal $130,000.00
Applied Capitalized Interest ($392,153.42)
Total Debt Service $517,546.58
CFD Administrative Costs
City Staff Costs $25,500.00
CFD Administration - EPS $7,350.00
Trustee Fees $2,200.00
Auditor Fees $0.00
Tax Collection Services [3] $0.00
Other Authorized Uses [4] $41,777.74
Administrative Expenses Total $76,827.74
Delinquency Coverage [5] $0.00
Total Annual Costs $594,374.32
Estimated Earnings on Reserve [6] $0.00
Net Annual Costs $594,374.32
"annual_costs"
[1] The fund balance for the Special Tax Fund as of June 30, 2022. [2] Capitalized interest available for debt service costs for the period covered by the FY 2022-23 special tax levy.
[3] The County adds a $2 charge per parcel for collection of direct charges placed on the property tax bill. As such, this amount is not included in these costs.
[4] Amounts specified for other uses allowed under Authorized Facilities, which may include Pay-As-You-Go Costs.
[5] An allowance for special tax delinquencies for the previous fiscal year, and amounts placed on the tax roll for draws on the Bond Reserve Fund. The County is using the Tetter Plan for FY 2022-23, so there are no special tax deliqnuency coverage requirements for FY 2022-23. [6] Total Annual Costs are reduced by estimated earnings on the Bond Reserve Fund.
Prepared by EPS 7/21/2022 Z:\Shared\Projects\Oakland\211000s\211048_San Luis Ranch CFD Administration\2022 Admin\Models\211048 Model 2022 Page 252 of 418 7D[5HSRUW
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Table 3
CFD No. 2019-1 (San Luis Ranch)
Annual Debt Service
Period Total
Ending Principal Interest Interest Debt
September 1 9/1 3/1 9/1 Service
2021 $0.00 $0.00 $178,486.67 $178,486.67
2022 $0.00 $391,800.00 $391,800.00 $783,600.00
2023 $130,000.00 $391,800.00 $391,800.00 $913,600.00
2024 $150,000.00 $389,850.00 $389,850.00 $929,700.00
2025 $175,000.00 $387,600.00 $387,600.00 $950,200.00
2026 $200,000.00 $384,100.00 $384,100.00 $968,200.00
2027 $230,000.00 $380,100.00 $380,100.00 $990,200.00
2028 $255,000.00 $375,500.00 $375,500.00 $1,006,000.00
2029 $285,000.00 $370,400.00 $370,400.00 $1,025,800.00
2030 $320,000.00 $364,700.00 $364,700.00 $1,049,400.00
2031 $355,000.00 $358,300.00 $358,300.00 $1,071,600.00
2032 $390,000.00 $351,200.00 $351,200.00 $1,092,400.00
2033 $425,000.00 $343,400.00 $343,400.00 $1,111,800.00
2034 $465,000.00 $334,900.00 $334,900.00 $1,134,800.00
2035 $505,000.00 $325,600.00 $325,600.00 $1,156,200.00
2036 $550,000.00 $315,500.00 $315,500.00 $1,181,000.00
2037 $595,000.00 $304,500.00 $304,500.00 $1,204,000.00
2038 $645,000.00 $292,600.00 $292,600.00 $1,230,200.00
2039 $695,000.00 $279,700.00 $279,700.00 $1,254,400.00
2040 $745,000.00 $265,800.00 $265,800.00 $1,276,600.00
2041 $805,000.00 $250,900.00 $250,900.00 $1,306,800.00
2042 $860,000.00 $234,800.00 $234,800.00 $1,329,600.00
2043 $920,000.00 $217,600.00 $217,600.00 $1,355,200.00
2044 $985,000.00 $199,200.00 $199,200.00 $1,383,400.00
2045 $1,055,000.00 $179,500.00 $179,500.00 $1,414,000.00 2046 $1,125,000.00 $158,400.00 $158,400.00 $1,441,800.00 2047 $1,195,000.00 $135,900.00 $135,900.00 $1,466,800.00 2048 $1,275,000.00 $112,000.00 $112,000.00 $1,499,000.00 2049 $1,355,000.00 $86,500.00 $86,500.00 $1,528,000.00
2050 $1,440,000.00 $59,400.00 $59,400.00 $1,558,800.00
2051 $1,530,000.00 $30,600.00 $30,600.00 $1,591,200.00
Totals $19,660,000.00 $8,272,150.00 $8,450,636.67 $36,382,786.67 "debt_service"
Source: Official Statement
Prepared by EPS 7/21/2022 Z:\Shared\Projects\Oakland\211000s\211048_San Luis Ranch CFD Administration\2022 Admin\Models\211048 Model 2022 Page 254 of 418 7D[5HSRUW
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Table 4
CFD No. 2019-1 (San Luis Ranch)Special Tax Rates by Tax Category [1] Minimum Annual Maximum Annual Minimum Annual Maximum Annual Minimum Annual Maximum Annual Minimum Annual Maximum Annual Minimum Annual Maximum Annual Tax Category Special Tax Special Tax Special Tax Special Tax Special Tax Special Tax Special Tax Special Tax Special Tax Special TaxLDR 1,850 SF and Greater $2,630.00 $3,110.00 $2,682.60 $3,172.20 $2,736.25 $3,235.64 $2,790.98 $3,300.36 $2,846.80 $3,366.36 <1,850 SF $2,630.00 $2,630.00 $2,682.60 $2,682.60 $2,736.25 $2,736.25 $2,790.98 $2,790.98 $2,846.80 $2,846.80 Workforce/Affordable Units $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 MDR
1,600 SF and Greater $2,150.00 $2,630.00 $2,193.00 $2,682.60 $2,236.86 $2,736.25 $2,281.60 $2,790.98 $2,327.23 $2,846.80 <1,600 SF $2,150.00 $2,150.00 $2,193.00 $2,193.00 $2,236.86 $2,236.86 $2,281.60 $2,281.60 $2,327.23 $2,327.23 Workforce/Affordable Units $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Townhomes
Market Rate Units $1,910.00 $1,910.00 $1,948.20 $1,948.20 $1,987.16 $1,987.16 $2,026.91 $2,026.91 $2,067.45 $2,067.45 Workforce/Affordable Units $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Condominiums
Market Rate Units $1,600.00 $1,600.00 $1,632.00 $1,632.00 $1,664.64 $1,664.64 $1,697.93 $1,697.93 $1,731.89 $1,731.89Workforce/Affordable Units $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Efficiency Units
Market Rate Units $1,199.00 $1,199.00 $1,222.98 $1,222.98 $1,247.44 $1,247.44 $1,272.39 $1,272.39 $1,297.84 $1,297.84 Workforce/Affordable Units $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 "max_tax"
[1] The Minimum and Maximum Annual Special Tax is increased by 2-percent each Fiscal Year following the Base Year of 2018-19.
Base Year - 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 Prepared by EPS 7/21/2022 Z:\Shared\Projects\Oakland\211000s\211048_San Luis Ranch CFD Administration\2022 Admin\Models\211048 Model 2022
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Table 5
CFD No. 2019-1 (San Luis Ranch)
Development Status of CFD Parcels
Building Final
Total Permits Map Large Lot Total
Tax Category Acres Units Issued Parcels Parcels Taxed
[1]
Low Density Residential (LDR)
1,850 sq. ft. and greater 15.51 98 56 42 0 98
Less than 1,850 sq. ft. 94 17 77 0 94
Workforce/Affordable Units 6 2 4 0 6
LDR Subtotal 15.51 198 75 123 0 198
Medium Density Residential (MDR)
1,600 sq. ft. and greater 5.14 40 27 13 0 44
Less than 1,600 sq. ft. 37 39 (2) 0 33
Workforce/Affordable Units 6 2 4 0 6
MDR Subtotal 5.14 83 68 15 0 83
High Density Residential (HDR)
Townhomes
Lot 5 0.32800 88
Lot 6 1.66 36 12 0 24 36
Lot 7 1.67 34 12 0 22 34
Workforce/Affordable Units 2 0 0 2 2
Townhomes Subtotal 3.65 80 24 0 56 80
Condominiums
Lot 1 1.98 60 12 0 48 60
Lot 2 1.35 34 24 0 10 34
Workforce/Affordable Units 2 0 0 2 2
Condominiums Subtotal 3.33 96 36 0 60 96
Efficiency Units
Lot 3 1.79 100 60 0 40 100
Lot 4 0.14 14 0 0 14 14
Workforce/Affordable Units 6 0 0 6 6
Efficiency Units Subtotal 1.93 120 60 0 60 120
Residential Use Totals 29.55 577 263 138 176 577
"dev_status"
[1] Building permits issued through May 1, 2022.
Prepared by EPS 7/21/2022 Z:\Shared\Projects\Oakland\211000s\211048_San Luis Ranch CFD Administration\2022 Admin\Models\211048 Model 2022 Page 258 of 418 7D[5HSRUW
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Table 6
CFD No. 2019-1 (San Luis Ranch)
Allocation of the Special Tax for FY 2022-23
Total Special Tax
Assigned Assigned Special Tax Allocation
Tax Categories Units Special Tax Special Tax Allocation Per Unit [1] [2]
Developed Parcels
Low Density Residential (LDR) 100%
1,850 square feet or greater 56 $3,366.36 $188,516.38 $188,516.38 $3,366.36 Less than 1,850 square feet 17 $2,846.80 $48,395.54 $48,395.54 $2,846.80 Workforce/Affordable Units 2 $0.00 $0.00 $0.00 $0.00
LDR Subtotal 75 $236,911.93 $236,911.93
Medium Density Residential (MDR) 100%
1,600 square feet or greater 27 $2,846.80 $76,863.51 $76,863.51 $2,846.80 Less than 1,600 square feet 39 $2,327.23 $90,761.94 $90,761.94 $2,327.23 Workforce/Affordable Units 2 $0.00 $0.00 $0.00 $0.00
MDR Subtotal 68 $167,625.44 $167,625.44
Townhomes 100%
Market Rate Units 24 $2,067.45 $49,618.69 $49,618.69 $0.00 Workforce Units 0 $0.00 $0.00 $0.00 $0.00
Townhomes Subtotal 24 $49,618.69 $49,618.69
Condominium 100%
Market Rate Units 36 $1,731.89 $62,348.09 $62,348.09 $0.00 Workforce Units 0 $0.00 $0.00 $0.00 $0.00
Condominium Subtotal 36 $62,348.09 $62,348.09
Efficiency Units 100%
Market Rate Units 60 $1,297.84 $77,870.17 $77,870.17 $0.00 Workforce Units 0 $0.00 $0.00 $0.00 $0.00
Efficiency Units Subtotal 60 $77,870.17 $77,870.17
Developed Parcel Totals 263 $594,374.32 $594,374.32
Final Map Parcels 0%
Low Density Residential 119 $2,846.80 $338,768.79 $0.00 $0.00 Medium Density Residential 11 $2,327.23 $25,599.52 $0.00 $0.00 Final Map Totals 130 $364,368.31 $0.00
Undeveloped Parcels 0%
Townhomes 54 $2,067.45 $111,642.05 $0.00 $0.00
Condominiums 58 $1,731.89 $100,449.70 $0.00 $0.00
Efficiency Units 54 $1,297.84 $70,083.15 $0.00 $0.00
Undeveloped Parcel Totals 166 $282,174.91 $0.00
CFD Totals 559 $1,240,917.55 $594,374.32
"tax_alloc"
[1] From Table 4.
[2] Proposed special tax allocation per unit for FY 2022-23.
Prepared by EPS 7/21/2022 Z:\Shared\Projects\Oakland\211000s\211048_San Luis Ranch CFD Administration\2022 Admin\Models\211048 M Page 260 of 418 odel 2022 $33(1',;$
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Appendix A Page 1 of 8
Assessor's Minimum Maximum Proposed
Parcel Tax Tax Annual Annual Tax Special Tax
Number Category Status Special Tax Special Tax Allocation Levy 053-153-002 Exempt Exempt $0.00 $0.00 0% $0.00
053-153-003 Exempt Exempt $0.00 $0.00 0% $0.00
053-153-004 Exempt Exempt $0.00 $0.00 0% $0.00
053-153-005 HDR Large Lot $0.00 $0.00 0% $0.00
053-153-006 Comm Comm $0.00 $0.00 0% $0.00
053-153-007 Comm Comm $0.00 $0.00 0% $0.00
053-153-008 Exempt Exempt $0.00 $0.00 0% $0.00
053-153-009 Exempt Exempt $0.00 $0.00 0% $0.00
053-153-010 Comm Comm $0.00 $0.00 0% $0.00
053-153-011 Exempt Exempt $0.00 $0.00 0% $0.00
053-153-012 Exempt Exempt $0.00 $0.00 0% $0.00
053-153-013 Exempt Exempt $0.00 $0.00 0% $0.00
053-153-014 Exempt Exempt $0.00 $0.00 0% $0.00
053-153-015 Exempt Exempt $0.00 $0.00 0% $0.00
053-154-001 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-002 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-003 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-004 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-005 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-006 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-007 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-008 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-009 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-010 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-011 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-012 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-013 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-014 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-015 AW FM $2,846.80 $3,366.36 0% $0.00
053-154-016 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-017 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-018 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-019 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-020 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-021 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-022 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-023 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-024 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-025 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-026 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-027 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-028 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-029 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-030 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-031 LDR AW $2,846.80 $3,366.36 0% $0.00
053-154-032 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-033 LDR FM $2,846.80 $3,366.36 0% $0.00
Proposed Special Tax Levy for FY 2022-23
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Assessor's Minimum Maximum Proposed
Parcel Tax Tax Annual Annual Tax Special Tax
Number Category Status Special Tax Special Tax Allocation Levy Proposed Special Tax Levy for FY 2022-23
053-154-034 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-035 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-036 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-037 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-038 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-039 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-040 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-041 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-042 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-043 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-044 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-045 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-046 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-047 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-048 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-049 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-050 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-051 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-052 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-053 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-054 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-055 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-056 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-057 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-058 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-059 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-060 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-061 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-062 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-063 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-064 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-065 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-066 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-067 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-068 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-069 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-070 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-071 LDR AW $2,846.80 $3,366.36 0% $0.00
053-154-072 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-073 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-074 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-075 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-076 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-077 LDR FM $2,846.80 $3,366.36 0% $0.00
053-154-078 Exempt Exempt $0.00 $0.00 0% $0.00
053-154-079 Exempt Exempt $0.00 $0.00 0% $0.00
053-154-080 Exempt Exempt $0.00 $0.00 0% $0.00
Prepared by EPS 7/21/2022 Z:\Shared\Projects\Oakland\211000s\211048_San Luis Ranch CFD Administration\2022 Admin\Models\211048 Parcel Master for FY 2022- Page 263 of 418 23 Appendix A Page 3 of 8
Assessor's Minimum Maximum Proposed
Parcel Tax Tax Annual Annual Tax Special Tax
Number Category Status Special Tax Special Tax Allocation Levy Proposed Special Tax Levy for FY 2022-23
053-154-081 Exempt Exempt $0.00 $0.00 0% $0.00
053-155-001 Exempt Exempt $0.00 $0.00 0% $0.00
053-155-002 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-003 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-004 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-005 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-006 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-007 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-008 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-009 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-010 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-011 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-012 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-013 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-014 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-015 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-016 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-017 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-018 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-019 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-020 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-021 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-022 LDR DP $2,846.80 $3,366.36 100% $2,846.80
053-155-023 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-024 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-025 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-026 LDR DP $2,846.80 $3,366.36 100% $2,846.80
053-155-027 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-028 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-029 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-030 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-031 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-032 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-033 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-034 LDR DP $2,846.80 $3,366.36 100% $2,846.80
053-155-035 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-036 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-037 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-038 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-039 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-040 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-041 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-042 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-043 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-044 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-045 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-046 LDR DP $2,846.80 $3,366.36 100% $3,366.36
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Assessor's Minimum Maximum Proposed
Parcel Tax Tax Annual Annual Tax Special Tax
Number Category Status Special Tax Special Tax Allocation Levy Proposed Special Tax Levy for FY 2022-23
053-155-047 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-048 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-049 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-050 LDR DP $2,846.80 $3,366.36 100% $2,846.80
053-155-051 LDR DP $2,846.80 $3,366.36 100% $2,846.80
053-155-052 LDR AW $0.00 $0.00 0% $0.00
053-155-053 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-054 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-055 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-056 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-057 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-058 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-059 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-060 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-061 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-062 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-063 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-064 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-065 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-066 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-067 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-068 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-069 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-155-070 LDR DP $2,846.80 $3,366.36 100% $2,846.80
053-155-071 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-072 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-073 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-074 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-075 LDR FM $2,846.80 $3,366.36 0% $0.00
053-155-076 Exempt Exempt $0.00 $0.00 0% $0.00
053-155-077 Exempt Exempt $0.00 $0.00 0% $0.00
053-155-078 Exempt Exempt $0.00 $0.00 0% $0.00
053-155-079 Exempt Exempt $0.00 $0.00 0% $0.00
053-155-080 Exempt Exempt $0.00 $0.00 0% $0.00
053-155-081 Exempt Exempt $0.00 $0.00 0% $0.00
053-156-001 Exempt Exempt $0.00 $0.00 0% $0.00
053-156-002 Exempt Exempt $0.00 $0.00 0% $0.00
053-156-003 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-004 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-005 LDR AW $2,846.80 $3,366.36 0% $0.00
053-156-006 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-007 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-008 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-009 LDR AW $2,846.80 $3,366.36 0% $0.00
053-156-010 LDR DP $2,846.80 $3,366.36 100% $2,846.80
053-156-011 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-012 LDR DP $2,846.80 $3,366.36 100% $3,366.36
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Assessor's Minimum Maximum Proposed
Parcel Tax Tax Annual Annual Tax Special Tax
Number Category Status Special Tax Special Tax Allocation Levy Proposed Special Tax Levy for FY 2022-23
053-156-013 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-014 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-015 LDR DP $2,846.80 $3,366.36 100% $2,846.80
053-156-016 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-017 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-018 LDR DP $2,846.80 $3,366.36 100% $2,846.80
053-156-019 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-020 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-021 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-022 LDR DP $2,846.80 $3,366.36 100% $2,846.80
053-156-023 LDR DP $2,846.80 $3,366.36 100% $2,846.80
053-156-024 LDR DP $2,846.80 $3,366.36 100% $2,846.80
053-156-025 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-026 LDR DP $2,846.80 $3,366.36 100% $2,846.80
053-156-027 LDR DP $2,846.80 $3,366.36 100% $2,846.80
053-156-028 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-029 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-030 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-031 LDR DP $2,846.80 $3,366.36 100% $2,846.80
053-156-032 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-033 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-034 LDR DP $2,846.80 $3,366.36 100% $2,846.80
053-156-035 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-036 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-037 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-038 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-039 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-040 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-041 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-042 LDR DP $2,846.80 $3,366.36 100% $2,846.80
053-156-043 LDR DP $2,846.80 $3,366.36 100% $3,366.36
053-156-044 LDR FM $2,846.80 $3,366.36 0% $0.00
053-156-045 LDR FM $2,846.80 $3,366.36 0% $0.00
053-156-046 LDR FM $2,846.80 $3,366.36 0% $0.00
053-156-047 LDR FM $2,846.80 $3,366.36 0% $0.00
053-156-048 LDR FM $2,846.80 $3,366.36 0% $0.00
053-156-049 LDR FM $2,846.80 $3,366.36 0% $0.00
053-156-050 Exempt Exempt $0.00 $0.00 0% $0.00
053-156-051 Exempt Exempt $0.00 $0.00 0% $0.00
053-156-052 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-156-053 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-156-054 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-156-055 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-156-056 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-156-057 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-156-058 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-156-059 MDR DP $2,327.23 $2,846.80 100% $2,327.23
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Assessor's Minimum Maximum Proposed
Parcel Tax Tax Annual Annual Tax Special Tax
Number Category Status Special Tax Special Tax Allocation Levy Proposed Special Tax Levy for FY 2022-23
053-156-060 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-156-061 MDR FM $2,327.23 $2,846.80 0% $0.00
053-156-062 MDR FM $2,327.23 $2,846.80 0% $0.00
053-156-063 MDR FM $2,327.23 $2,846.80 0% $0.00
053-156-064 MDR FM $2,327.23 $2,846.80 0% $0.00
053-156-065 MDR FM $2,327.23 $2,846.80 0% $0.00
053-156-066 MDR FM $2,327.23 $2,846.80 0% $0.00
053-156-067 MDR FM $2,327.23 $2,846.80 0% $0.00
053-156-068 MDR FM $2,327.23 $2,846.80 0% $0.00
053-156-069 MDR FM $2,327.23 $2,846.80 0% $0.00
053-156-070 MDR AW $2,327.23 $2,846.80 0% $0.00
053-156-071 MDR FM $2,327.23 $2,846.80 0% $0.00
053-156-072 MDR FM $2,327.23 $2,846.80 0% $0.00
053-156-073 MDR FM $2,327.23 $2,846.80 0% $0.00
053-156-074 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-156-075 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-156-076 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-156-077 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-156-078 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-156-079 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-156-080 MDR AW $0.00 $0.00 0% $0.00
053-156-081 Exempt Exempt $0.00 $0.00 0% $0.00
053-157-001 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-002 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-003 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-157-004 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-005 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-157-006 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-007 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-008 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-009 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-010 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-157-011 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-012 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-157-013 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-157-014 MDR FM $2,327.23 $2,846.80 0% $0.00
053-157-015 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-016 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-157-017 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-018 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-157-019 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-020 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-157-021 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-022 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-023 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-157-024 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-157-025 MDR DP $2,327.23 $2,846.80 100% $2,327.23
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Assessor's Minimum Maximum Proposed
Parcel Tax Tax Annual Annual Tax Special Tax
Number Category Status Special Tax Special Tax Allocation Levy Proposed Special Tax Levy for FY 2022-23
053-157-026 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-027 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-157-028 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-029 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-030 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-157-031 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-032 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-033 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-157-034 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-157-035 MDR AW $2,327.23 $2,846.80 0% $0.00
053-157-036 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-037 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-157-038 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-039 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-040 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-157-041 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-042 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-043 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-044 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-157-045 MDR AW $2,327.23 $2,846.80 0% $0.00
053-157-046 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-157-047 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-048 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-049 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-050 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-051 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-157-052 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-053 MDR DP $2,327.23 $2,846.80 100% $2,327.23
053-157-054 MDR DP $2,327.23 $2,846.80 100% $2,846.80
053-601-001 CON UP $1,731.89 $1,731.89 0% $0.00
053-601-002 CON UP $1,731.89 $1,731.89 0% $20,782.70
053-601-003 EU UP $1,297.84 $1,297.84 0% $77,870.17
053-601-004 EU UP $1,297.84 $1,297.84 0% $0.00
053-601-005 TH UP $2,067.45 $2,067.45 0% $0.00
053-601-006 TH UP $2,067.45 $2,067.45 0% $24,809.35
053-601-007 TH UP $2,067.45 $2,067.45 0% $24,809.35
053-601-008 UP $0.00 $0.00 0% $0.00
053-601-009 UP $0.00 $0.00 0% $0.00
053-601-010 UP $0.00 $0.00 0% $0.00
053-601-011 UP $0.00 $0.00 0% $0.00
053-601-012 UP $0.00 $0.00 0% $0.00
053-602-001 Exempt UP $0.00 $0.00 0% $0.00
053-602-002 CON DP $1,731.89 $1,731.89 0% $1,731.89
053-602-003 CON DP $1,731.89 $1,731.89 0% $1,731.89
053-602-004 CON DP $1,731.89 $1,731.89 0% $1,731.89
053-602-005 CON DP $1,731.89 $1,731.89 0% $1,731.89
053-602-006 CON DP $1,731.89 $1,731.89 0% $1,731.89
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Assessor's Minimum Maximum Proposed
Parcel Tax Tax Annual Annual Tax Special Tax
Number Category Status Special Tax Special Tax Allocation Levy Proposed Special Tax Levy for FY 2022-23
053-602-007 CON DP $1,731.89 $1,731.89 0% $1,731.89
053-602-008 CON DP $1,731.89 $1,731.89 0% $1,731.89
053-602-009 CON DP $1,731.89 $1,731.89 0% $1,731.89
053-602-010 CON DP $1,731.89 $1,731.89 0% $1,731.89
053-602-011 CON DP $1,731.89 $1,731.89 0% $1,731.89
053-602-012 CON DP $1,731.89 $1,731.89 0% $1,731.89
053-602-013 CON DP $1,731.89 $1,731.89 0% $1,731.89
053-602-014 CON DP $1,731.89 $1,731.89 0% $1,731.89
053-602-015 CON DP $1,731.89 $1,731.89 0% $1,731.89
053-602-016 CON DP $1,731.89 $1,731.89 0% $1,731.89
053-602-017 CON DP $1,731.89 $1,731.89 0% $1,731.89
053-602-018 CON DP $1,731.89 $1,731.89 0% $1,731.89
053-602-019 CON DP $1,731.89 $1,731.89 0% $1,731.89
053-602-020 CON DP $1,731.89 $1,731.89 0% $1,731.89
053-602-021 CON DP $1,731.89 $1,731.89 0% $1,731.89
053-602-022 CON DP $1,731.89 $1,731.89 0% $1,731.89
053-602-023 CON DP $1,731.89 $1,731.89 0% $1,731.89
053-602-024 CON DP $1,731.89 $1,731.89 0% $1,731.89
053-602-025 CON DP $1,731.89 $1,731.89 0% $1,731.89
Total $594,374.32
"2223_levy"
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Item 6k
Department: Finance
Cost Center: 2001
For Agenda of: 8/16/2022
Placement: Consent
Estimated Time: N/A
FROM: Brigitte Elke, Finance Director
Prepared By: Esteban Cano-Gutierrez, Financial Analyst – Infrastructure Financing SUBJECT: ANNUAL SPECIAL TAX LEVY REPORT FOR THE CITY OF SAN LUIS OBISPO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (AVILA
RANCH)
RECOMMENDATION
Receive and file the Annual Special Tax Levy Report for the City of San Luis Obispo Community Facilities No. 2017-1 (Avila Ranch).
POLICY CONTEXT
On September 19, 2017, the City Council introduced Ordinance No. 1639, approving the Development Agreement between the City of San Luis Obispo and Avila Ranch, LLC and a resolution certifying the Final Environmental Report for the Project and CEQA findings.
The City Council agreed the Development Agreement was consistent with the objectives, policies, general land uses, and programs specified in the General Plan of the City of San Luis Obispo, and the Airport Area Specific Plan.
The adopted Development Agreement required the establishment of a funding mechanism to cover the City’s General Fund shortfall for serving the Avila Ranch development. To be consistent with this requirement, the Avila Ranch Communities Facilities District (CFD) was formed with the adoption of Resolution No. 10844 on October 24, 2017. A CFD, as enabled by the Mello-Roos Community Facilities Act of 1982, allows a local jurisdiction to levy a special tax within a specified area to pay for public services and/or maintenance of infrastructure needed within that area. Over the past three decades, CFDs have become a common mechanism for cities to fund services and finance development-related infrastructure, and the use of a CFD, in this case, is consistent with the City’s the General Plan.
The General Plan provides specific policies related to the funding of infrastructure noted below:
1.13.6. Required Plans: The City shall not allow the development of any newly annexed private land until the City has adopted a specific development plan for land uses, open space protection, roads, utilities, the overall pattern of subdivision, and financing of public facilities for the area.
Item 6k
1.13.9. Costs of Growth: The City shall require the costs of public facilities and services needed for new development to be borne by the new development unless the community chooses to help pay the costs for a certain development to obtain community-wide benefits. The City shall consider a range of options for financing measures so that new development pays its fair share of costs of new services and facilities which are required to serve the project, and which are reasonably related to the growth attributable to the development.
This report and the levying of the special tax are consistent with these General Plan policies and with the City’s Local Goals and Policies for Community Facilities Districts.
DISCUSSION
Background
The Avila Ranch Development Agreement was approved on July 18, 2017 and provided the basis for the formation of the Avila Ranch CFD. The CFD is authorized to levy a special tax within the district to fund various municipal services and maintenance of public infrastructure within its boundaries. On September 19, 2017, the City Council, as the legislative body of the CFD, adopted a Resolution of Intention, including the Rate and Method of Apportionment (RMA) that specified the special tax to be levied by and within the district.
As one of the steps, on Nov 28, 2017, the City Council adopted Ordinance No. 1642 (Attachment B), approving the levy of a special tax within the CFD on an annual basis and solely within the boundaries of the Avila Ranch CFD. The purpose of the levy of the special tax within the CFD is to cover authorized costs identified in the RMA such as municipal services, public infrastructure, administrative expenses, and incidental expenses.
The City has already established the necessary accounts with the County of San Luis Obispo Tax Collector to administer the special tax within the Avila Ranch CFD. All necessary documentation and information were provided to the County of San Luis Obispo Tax Collector in proper form and required timelines to bill and collect the special tax on the secured property tax roll of the County beginning in FY 2022-23. This does not exclude the City’s right to utilize any other lawful means of billing, collecting, and enforcing the special tax, including direct billing, supplemental billing, and, when lawfully available, judicial foreclosure of the special tax lien.
Annual Special Tax Levy Report
The CFD Annual Special Tax Levy Report (attachment A) covers all assessor parcels of land within the boundaries of the City of San Luis Obispo Community Facilities District No. 2017 -1 (Avila Ranch). The special tax attributed to each parcel was computed following the Rate and Method of Apportionment as approved by Council in Resolution No. 10844 (2017 Series). The report is divided into four chapters including an introduction, information about the taxable CFD land uses, the annual CFD cost, the assignment of the applicable maximum special tax, and the special tax levy for FY 2022 -23.
Item 6k
Previous Council or Advisory Body Action
On September 19, 2017, Council adopted Resolution No. 10833 declaring its intention to establish the Avila Ranch CFD; on October 24, 2017, Council adopted Resolution No. 10844 establishing the Avila Ranch CFD and approving its Rate and Method of Apportionment for the special tax assessment to be levied in the district; on November 7, 2017, Resolution No. 10846 was adopted by Council certifying the results of the special election that approved the establishment of the special tax in the district; and finally, Ordinance 1642 (2017) was introduced and adopted on November 21, 2017, to approve the levying of the special tax assessment within the CFD.
Public Engagement
The annual special tax report requires a "notify" level of public engagement that was accomplished through the publication of the agenda, associated report, and the consideration of the report during a public session of the City Council. Public comment can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting.
CONCURRENCE
The Community Development Department concurs with the information contained within this report.
ENVIRONMENTAL REVIEW
Annual special tax reporting for the City of San Luis Obispo Community Facilities District No. 2017-1 (Avila Ranch) is categorically exempt from California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15306 (Information Collection) and the action otherwise qualifies for a "general rule" exemption according to Section 15061(b)(3), which covers activities "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Annual reporting does not change any aspect of the approved Avila Ranch project, nor does it introduce the potential for any new environmental impacts. Under Section 15306, the Secretary for the California Natural Resources Agency has concluded that "basic data collection, research, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource" are exempt from CEQA. Therefore, the proposed action is categorically exempt from further analysis under CEQA.
FISCAL IMPACT
Budgeted: NA Budget Year: 2022-23
Funding Identified: Yes
Item 6k
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund NA NA NA NA
State
Federal
Fees
Other:
Total NA NA NA NA
Each fiscal year, the District Administrator will calculate the maximum amount of special tax revenue that may be collected from all taxable parcels in the CFD. Given that the district is currently being build-out, the levy for FY 2022-23 is based on the number of building permits issued by the first week of July 2022. Currently, the developer has issued 50 building permits (40 for Single Family Residential under 1,500 sq. ft. and 10 for Single Family Residential over 1,500 sq. ft.). By allocating 100 percent of the assigned maximum special tax for all developed parcels, the total special tax levy for the FY 2022-23 amounts to $160,889.35 made up of $145,735.30 for services and $15,154.05 for infrastructure.
Currently, no municipal services, maintenance of public infrastructure, or incidental expenses for the district have been incurred and only $15,000 in annual CFD administrative cost apply for FY2022-23. The City will therefore deposit $145,889.35 in the City’s Avila Ranch CFD Fund for future obligations.
ALTERNATIVES
Council could decide not to receive and file the Special Tax Annual Report for Avila Ranch. This is not recommended as is a requirement of the CFD under the Mello-Ross Act.
ATTACHMENTS
A – City of San Luis Obispo Community Facilities District 2017-1 Tax Report B – Ordinance No. 1642 (2017 Series)
Tax Report
Avila Ranch CFD No. 2017-1
(Services)—FY 2022-23
Prepared for:
City of San Luis Obispo
Prepared by:
Economic & Planning Systems, Inc. (EPS)
EPS #211049
July 13, 2022
Table of Contents
1. Introduction ................................................................................. 1 Purpose of the CFD ............................................................................. 1 Structure of this Report ....................................................................... 2
2. Taxable CFD Land Uses ................................................................. 3
3. Annual CFD Costs ......................................................................... 5 Annual Costs for FY 2022-23 ................................................................ 5 Authorized Services Costs .................................................................... 5 Authorized Infrastructure Costs ............................................................. 7
4. Assignment of the Maximum Special Tax and
Special Tax Levy for FY 2022-23 ..................................................... 8 Annual Special Tax Escalation Process .................................................... 8 Assignment of the Special Tax ............................................................ 11 Assignment of Special Tax Priorities ..................................................... 11 Allocation of the Special Tax for FY 2021-22 ......................................... 11 Assignment of the Special Tax Levy to CFD Parcels ................................ 13 List of Tables
Table 1 Planned CFD Land Uses ................................................................ 4 Table 2 Annual CFD Costs—FY 2022-23 ..................................................... 6 Table 3 Annual Special Tax Escalation Calculation ....................................... 9 Table 4 Annual Services Special Tax Escalator .......................................... 10 Table 5 Proposed Annual Special Tax Levy ............................................... 12
Tax Report: Avila Ranch CFD No. 2017-1 (Services)—FY 2022-23 July 13, 2022
Economic & Planning Systems, Inc. (EPS) 1
1. Introduction
The City of San Luis Obispo (City) created a Mello-Roos Community Facilities District (CFD) for the Avila Ranch development (Project), located at the northeast corner of Buckley Road and Vachell Lane. The CFD was formed in 2017 to create a land-secured funding mechanism to help fund authorized services facilities of the CFD. The Avila Ranch Development Plan allows up to 720 dwelling units; a “Town Center” with 15,000 square feet of local-serving retail and office uses; 18 acres of pocket parks, mini-parks, and neighborhood parks; and 53 acres of open space, including riparian corridors and farmed agricultural land.
EPS prepared the “Avila Ranch Financing Plan” (Financing Plan) in August 2017, which addressed how the services and infrastructure needed to serve the Project will be funded. The Financing Plan set out the costs and cost allocations to land uses that served as the basis for maximum special tax rates established in the Rate and Method of Apportionment (RMA).
Purpose of the CFD
The authorized services to be funded from the levy and collection of annual special taxes include those set forth below in addition to the costs associated with collecting and administering the special taxes, annually administering the CFD, and forming the CFD.
These are the authorized services to be funded:
1. Maintenance and lighting of parks, parkways, streets, roads, and open space.
2. Flood and storm protection services, including, but not limited to, the operation and maintenance of storm drainage systems.
3. Police protection services, including, but not limited to, criminal justice services. However, criminal justice services shall be limited to providing services for jails, detention facilities, and juvenile halls.
4. Fire protection and suppression services, and ambulance and paramedic services.
5. Maintenance and operation of any real property or other tangible property with an estimated useful life of 5 or more years that is owned by the local agency or by another local agency pursuant to an agreement entered into under Section 53316.2.
Tax Report: Avila Ranch CFD No. 2017-1 (Services)—FY 2022-23 July 13, 2022
Economic & Planning Systems, Inc. (EPS) 2
The authorized facilities to be funded from the levy and collection of annual special taxes include those set forth below. These are the authorized services to be funded:
1. Local park, recreation, parkway, and open space facilities.
2. The district may also finance the construction or undergrounding of water transmission and distribution facilities, natural gas pipeline facilities, telephone lines, facilities for the transmission or distribution of electrical energy, and cable television lines to provide access to those services to customers who do not have access to those services or to mitigate existing visual blight.
3. The district may also finance the acquisition, improvement, rehabilitation, or maintenance of any real or other tangible property, whether privately or publicly owned, for flood and storm protection services, including, but not limited to, storm drainage and treatment systems and sandstorm protection systems.
4. A community facilities district may also finance the purchase, construction, expansion, improvement, or rehabilitation of any real or other tangible property with an estimated useful life of 5 years or longer or may finance planning and design work that is directly related to the purchase, construction, expansion, or rehabilitation of any real or tangible property. The facilities need not be physically located in the district.
The CFD was authorized to begin collecting the special tax in Fiscal Year (FY) 2018-19. FY 2022-23 will be the first year in which the special tax will be levied against taxable parcels of the CFD.
Structure of this Report
This report is divided into 4 chapters, including this introductory chapter, and includes Appendix A: Proposed Special Tax Levy for FY 2022-23.
Tax Report: Avila Ranch CFD No. 2017-1 (Services)—FY 2022-23 July 13, 2022
Economic & Planning Systems, Inc. (EPS) 3
2. Taxable CFD Land Uses
CFD land uses are shown in Table 1. Single-family and multifamily land uses show the estimated number of planned units based on the building square footage. Residential units are identified as being either greater than or equal to 1,500 building square feet or fewer than 1,500 building square feet. A total of 720 planned units are expected to be constructed in the CFD.
There are 398 single-family planned units and 322 multifamily planned units, as shown in Table 1. Of the 322 multifamily planned units, 32 planned units are expected to be affordable housing units.
A “developed parcel” is a parcel with a building permit issued for residential uses.
As of July 1, 2022, there are a total of 50 developed parcels. Of these developed parcels, 40 have single-family residential units that are greater than or equal to 1,500 building square. The remaining 10 developed parcels have single-family residential units that are fewer than 1,500 building square feet.
Table 1
Avila Ranch CFD No. 2017-1 (Services)
Planned CFD Land Uses
Planned Developed
Land Use Category Units Parcels
Single Family Residential - ≥ 1,500 Sq. Ft. 322 40
Single Family Residential - <1,500 Sq. Ft. 76 10
Multifamily Residential - ≥ 1,500 Sq. Ft. 38 0
Multifamily Residential - < 1,500 Sq. Ft. 252 0
Affordable Multifamily Residential 32 0
Commercial Uses n/a n/a
Public and Deed Restricted Land n/a n/a
Totals 720 50
"land_use"
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Economic & Planning Systems, Inc. (EPS) 5
3. Annual CFD Costs
The RMA identifies authorized costs of the CFD that can be funded through the annual levy of the special tax on taxable parcels. The amount of the annual levy is determined by the annual costs of the CFD, as established by the Administrator.
This chapter discusses annual CFD costs for FY 2022-23.
Annual Costs for FY 2022-23
The RMA defines Annual Services Costs and Annual Infrastructure Costs. The RMA identifies Annual Services Costs as:
1. Authorized Services costs for such Fiscal Year.
2. Administrative Expenses for such Fiscal Year.
3. Any amounts needed to cure actual or estimated delinquencies in Special Taxes for the current or previous Fiscal Year.
The RMA identifies Annual Services Costs as:
1. Authorized Facilities costs for such Fiscal Year.
2. Any amounts needed to cure actual or estimated delinquencies in Special Taxes for the current or previous Fiscal Year.
Table 2 identifies the total annual costs for FY 2022-23 as $160,889. These costs are detailed below.
Authorized Services Costs
The estimated Authorized Services costs for the CFD in FY 2022-23 are $130,735.
CFD Administrative Costs
The City is authorized to fund the costs associated with administration of the CFD each fiscal year, the actual or estimated costs incurred by the City to form the CFD and to determine, levy, and collect the Special Taxes, including compensation of City employees for administrative work performed in relation to the CFD, the fees of consultants and legal counsel, the costs of collecting installments of the Special Taxes on the general tax rolls, preparation of required reports, and any other costs required to administer the CFD as determined by the City.
Table 2
Avila Ranch CFD No. 2017-1 (Services)
Annual CFD Costs - FY 2022-23
Item Amount
Authorized Services Costs
Authorized Services Costs $130,735
Annual CFD Administration $15,000
Amount Needed to Cure Delinquencies $0
Total Authorized Services Costs $145,735
Authorized Infrastructure Costs
Authorized Infrastructure Costs $15,154
Amount Needed to Cure Delinquencies $0
Total Authorized Infrastructure Costs $15,154
Total CFD Costs for FY 2022-23 $160,889
"annual_costs"
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Economic & Planning Systems, Inc. (EPS) 7
The City has identified costs of $15,000 for City staff for FY 2022-23.
San Luis Obispo County (County) adds a $2 charge per parcel for the collection of the annual special tax levy. The County retains this $2 charge and remits the special tax levy amount for each parcel, as identified in this report. As such, the collection charges are not included in the annual cost calculation.
Amount Needed to Cure Delinquencies
FY 2022-23 is the first fiscal year in which the levy will occur. There are no past delinquencies in the collection of the special tax.
Total Annual Service Costs of the CFD
Total Annual Services Costs of the CFD are $145,735 for FY 2022-23.
Authorized Infrastructure Costs
The estimated Authorized Infrastructure costs for the CFD in FY 2022-23 are $15,154.
Amount Needed to Cure Delinquencies
FY 2022-23 is the first fiscal year in which the levy will occur. There are no past delinquencies in the collection of the special tax.
Total Annual Infrastructure Costs of the CFD
Total Annual Infrastructure Costs of the CFD are $15,154 for FY 2022-23.
Tax Report: Avila Ranch CFD No. 2019-1 (Services)—FY 2022-23 July 13, 2022
Economic & Planning Systems, Inc. (EPS) 8
4. Assignment of the Maximum Special
Tax and Special Tax Levy for
FY 2022-23
Each fiscal year, the Administrator will apply the Services Special Tax Escalation Factor to the Services Special Tax to calculate the maximum amount of special tax revenue that may be collected from all taxable parcels in the CFD. First, the Administrator will increase the Services Special Tax by the Services Special Tax Escalation Factor for each tax category and will increase the Infrastructure Special Tax by the Infrastructure Special Tax Escalation Factor.
The annual assignment of the maximum special tax and determination of the special tax levy for FY 2022-23 are discussed below.
Annual Special Tax Escalation Process
Services Special Tax Escalation Factor
The Services Special Tax is escalated by the annual percentage increase in the Services Special Tax based on the Consumer Price Index (CPI) (prior calendar year annual average, San Francisco, All Urban Consumers [CPI-U] Index), the CPI (prior calendar year annual average, Pacific West Cities, All Urban Wage Earners and Clerical Workers), or the Municipal Cost Index annual average, whichever is greater, but not exceeding 4 percent.
Table 3 shows the Services Special Tax by tax category for FY 2021-22, the escalation factor used for FY 2022-23, and the new Services Special Tax by tax category. Note that the tax escalator was 104 percent for FY 2022-23. Table 4 shows the results of the 3 indices. The Municipal Cost Index increased
10.82 percent in 2021. The “not-to-exceed” escalation factor of 4 percent was used as a result.
Infrastructure Special Tax Escalation Factor
The Infrastructure Special Tax Escalator is set at 2 percent annually. Table 3 shows the Infrastructure Special Tax for FY 2021-22 and the 102 percent special tax as increased for FY 2022-23.
Table 3
Avila Ranch CFD No. 2017-1 (Services)
Annual Special Tax Escalation Calculation
FY 2021-22 Escalation FY 2022-23
Land Use Special Tax Factor [1] Special Tax
Services Special Tax
Single Family Residential - ≥ 1,500 Sq. Ft. $3,002.87 104.0% $3,122.98 Single Family Residential - <1,500 Sq. Ft. $2,001.54 104.0% $2,081.60 Multifamily Residential - ≥ 1,500 Sq. Ft. $3,002.87 104.0% $3,122.98 Multifamily Residential - < 1,500 Sq. Ft. $2,001.54 104.0% $2,081.60 Affordable Multifamily Residential $1,000.77 104.0% $1,040.80 Infrastructure Special Tax
Single Family Residential - ≥ 1,500 Sq. Ft. $318.36 102% $324.73 Single Family Residential - <1,500 Sq. Ft. $212.24 102% $216.49 Multifamily Residential - ≥ 1,500 Sq. Ft. $318.36 102% $324.73 Multifamily Residential - < 1,500 Sq. Ft. $212.24 102% $216.49 Affordable Multifamily Residential $106.12 102% $108.24 Total Special Tax
Single Family Residential - ≥ 1,500 Sq. Ft. $3,321.23 $3,447.71 Single Family Residential - <1,500 Sq. Ft. $2,213.78 $2,298.09 Multifamily Residential - ≥ 1,500 Sq. Ft. $3,321.23 $3,447.71 Multifamily Residential - < 1,500 Sq. Ft. $2,213.78 $2,298.09 Affordable Multifamily Residential $1,106.89 $1,149.04
"tax_esc"
[1] From Table 4.
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Avila Ranch CFD No. 2017-1 (Services)
Annual Services Special Tax Escalator
Calendar Annual
Year MCI (3) Escalation (4)
2018 3.87% 3.10% 2.63% 3.87%
2019 3.31% 2.60% 1.17% 3.31%
2020 1.72% 1.70% 1.77% 1.77%
2021 3.21% 4.90% 10.82% 4.00%
"indices"
(1) https://data.bls.gov/timeseries/CUURS49BSA0&output_view=pct_12mths (2) https://data.bls.gov/timeseries/CWUR0490SA0&output_view=pct_12mths (3) https://www.americancityandcounty.com/municipal-cost-index/ (4) Services Special Tax Escalator is based on the highest inflator among - the three options, but now greater than 4%
CPI - U San
Francisco (1)
CPI - W Pacific
Division (2)
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Economic & Planning Systems, Inc. (EPS) 11
Assignment of the Special Tax
Each fiscal year, the Administrator assigns the special tax to all taxable parcels in the CFD. Special tax categories include single-family, multifamily, and affordable housing uses.
Tax Categories
As building permits for residential uses are issued for parcels in the CFD, the special tax for services and infrastructure are assigned based on land use density (single-family versus multifamily use) and by building square footage of the residential units. Multifamily units will be further identified as market-rate or affordable housing.
Table 5 shows the Services Special Tax and Infrastructure Special Tax rates by tax category for FY 2022-23. These rates come from Table 3. Note that the special tax rates shown are not rounded.
Assignment of Special Tax Priorities
The special tax levy is allocated only to developed parcels, which are parcels with an issued building permit for residential uses. Final map parcels or undeveloped parcels, as defined in the RMA, as not taxable under the CFD.
Table 5 shows the current development status of parcels by tax category and shows each tax category (single-family, multifamily, and multifamily affordable) and developed parcels assigned to each tax category in the RMA.
There are a total of 50 building permits issued as of July 1, 2022. All building permits were issued for single-family uses. There were 40 building permits issued for homes greater than or equal to 1,500 building square feet, and 10 building permits for homes fewer than 1,500 building square feet.
Allocation of the Special Tax for
FY 2021-22
Table 5 shows the FY 2022-23 minimum and maximum annual special taxes and the proposed allocation of the special tax. By allocating 100 percent of the assigned special tax for all developed parcels, the results are total special tax levies of $145,735.30 for Annual Services Costs and $15,154.05 for Infrastructure Costs.
Table 5
Avila Ranch CFD No. 2017-1 (Services)
Proposed Annual Special Tax Levy
Proposed
FY 2022-23 Developed Special Tax
Land Use Special Tax Parcels Allocation Levy
[1] [2] [3] [1] [2]
Services Special Tax
Single Family Residential - ≥ 1,500 Sq. Ft. $3,122.98 40 100% $124,919.28 Single Family Residential - <1,500 Sq. Ft. $2,081.60 10 100% $20,816.02 Multifamily Residential - ≥ 1,500 Sq. Ft. $3,122.98 0 0% $0.00 Multifamily Residential - < 1,500 Sq. Ft. $2,081.60 0 0% $0.00 Affordable Multifamily Residential $1,040.80 0 0% $0.00 Total Services Special Tax 50 $145,735.30
Infrastructure Special Tax
Single Family Residential - ≥ 1,500 Sq. Ft. $324.73 40 100% $12,989.19 Single Family Residential - <1,500 Sq. Ft. $216.49 10 100% $2,164.86 Multifamily Residential - ≥ 1,500 Sq. Ft. $324.73 0 0% $0.00 Multifamily Residential - < 1,500 Sq. Ft. $216.49 0 0% $0.00 Affordable Multifamily Residential $108.24 0 0% $0.00
Total Infrastructure Special Tax 50 $15,154.05
Total Special Tax Levy $160,889.35
"levy"
[1] From Table 4.
[2] Amounts are not rounded.
[3] From Table 1.
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Economic & Planning Systems, Inc. (EPS) 13
Total special tax revenue available from developed parcels is $160,889.35.
The total recommended special tax levy for FY 2022-23 is $160,889.35.
Assignment of the Special Tax Levy to
CFD Parcels
Appendix A shows the list of all CFD parcels, the assigned special tax from Table 5, and the special tax allocation per unit for each parcel, based on the categories assigned to each parcel.
APPENDIX A:
Proposed Special Tax Levy for
FY 2022-23 (forthcoming)
Appendix A Page 1 of 5
Assessor's Proposed
Parcel Tax Developed Services Facilities Special Tax
Number Category Parcel Special Tax Special Tax Levy
053-290-005 UND N $0.00 $0.00 $0.00
053-290-006 UND N $0.00 $0.00 $0.00
053-290-007 UND N $0.00 $0.00 $0.00
053-290-008 UND N $0.00 $0.00 $0.00
053-290-009 UND N $0.00 $0.00 $0.00
053-290-012 UND N $0.00 $0.00 $0.00
053-290-013 UND N $0.00 $0.00 $0.00
053-290-014 UND N $0.00 $0.00 $0.00
053-291-001 MDR Y $3,122.98 $324.73 $3,447.71
053-291-002 MDR Y $3,122.98 $324.73 $3,447.71
053-291-003 MDR Y $3,122.98 $324.73 $3,447.71
053-291-004 MDR Y $3,122.98 $324.73 $3,447.71
053-291-005 MDR Y $3,122.98 $324.73 $3,447.71
053-291-006 MDR Y $3,122.98 $324.73 $3,447.71
053-291-007 MDR Y $3,122.98 $324.73 $3,447.71
053-291-008 MDR Y $3,122.98 $324.73 $3,447.71
053-291-009 MDR Y $3,122.98 $324.73 $3,447.71
053-291-010 MDR Y $3,122.98 $324.73 $3,447.71
053-291-011 MDR Y $3,122.98 $324.73 $3,447.71
053-291-012 MDR Y $3,122.98 $324.73 $3,447.71
053-291-013 MDR Y $3,122.98 $324.73 $3,447.71
053-291-014 MDR Y $3,122.98 $324.73 $3,447.71
053-291-015 MDR Y $3,122.98 $324.73 $3,447.71
053-291-016 MDR Y $3,122.98 $324.73 $3,447.71
053-291-017 MDR N $0.00 $0.00 $0.00
053-291-018 MDR N $0.00 $0.00 $0.00
053-291-019 MDR N $0.00 $0.00 $0.00
053-291-020 MDR N $0.00 $0.00 $0.00
053-291-021 MDR N $0.00 $0.00 $0.00
053-291-022 MDR N $0.00 $0.00 $0.00
053-291-023 MDR N $0.00 $0.00 $0.00
053-291-024 MDR N $0.00 $0.00 $0.00
053-291-025 MDR N $0.00 $0.00 $0.00
053-291-026 MDR N $0.00 $0.00 $0.00
053-291-027 MDR N $0.00 $0.00 $0.00
053-291-028 MDR N $0.00 $0.00 $0.00
053-291-029 MDR N $0.00 $0.00 $0.00
053-291-030 UND N $0.00 $0.00 $0.00
053-292-001 MDR Y $2,081.60 $216.49 $2,298.09
053-292-002 MDR Y $2,081.60 $216.49 $2,298.09
053-292-003 MDR Y $2,081.60 $216.49 $2,298.09
053-292-004 MDR Y $2,081.60 $216.49 $2,298.09
053-292-005 MDR Y $3,122.98 $324.73 $3,447.71
053-292-006 MDR Y $2,081.60 $216.49 $2,298.09
053-292-007 MDR Y $2,081.60 $216.49 $2,298.09
053-292-008 MDR Y $3,122.98 $324.73 $3,447.71
053-292-009 MDR Y $3,122.98 $324.73 $3,447.71
Proposed Special Tax Levy for FY 2022-23
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Assessor's Proposed
Parcel Tax Developed Services Facilities Special Tax
Number Category Parcel Special Tax Special Tax Levy
Proposed Special Tax Levy for FY 2022-23
053-292-010 MDR Y $3,122.98 $324.73 $3,447.71
053-292-011 MDR Y $3,122.98 $324.73 $3,447.71
053-292-012 MDR Y $3,122.98 $324.73 $3,447.71
053-292-013 MDR Y $3,122.98 $324.73 $3,447.71
053-292-014 MDR Y $3,122.98 $324.73 $3,447.71
053-292-015 MDR Y $3,122.98 $324.73 $3,447.71
053-292-016 MDR Y $2,081.60 $216.49 $2,298.09
053-292-017 MDR Y $2,081.60 $216.49 $2,298.09
053-292-018 MDR Y $3,122.98 $324.73 $3,447.71
053-292-019 MDR Y $3,122.98 $324.73 $3,447.71
053-292-020 MDR Y $2,081.60 $216.49 $2,298.09
053-292-021 MDR Y $2,081.60 $216.49 $2,298.09
053-292-022 MDR Y $3,122.98 $324.73 $3,447.71
053-292-023 MDR Y $3,122.98 $324.73 $3,447.71
053-292-024 MDR Y $3,122.98 $324.73 $3,447.71
053-292-025 MDR Y $3,122.98 $324.73 $3,447.71
053-292-026 MDR Y $3,122.98 $324.73 $3,447.71
053-292-027 MDR Y $3,122.98 $324.73 $3,447.71
053-292-028 MDR Y $3,122.98 $324.73 $3,447.71
053-292-029 MDR N $0.00 $0.00 $0.00
053-292-030 MDR N $0.00 $0.00 $0.00
053-292-031 MDR N $0.00 $0.00 $0.00
053-292-032 MDR N $0.00 $0.00 $0.00
053-292-033 MDR N $0.00 $0.00 $0.00
053-292-034 MDR N $0.00 $0.00 $0.00
053-292-035 MDR N $0.00 $0.00 $0.00
053-292-036 MDR N $0.00 $0.00 $0.00
053-292-037 MDR N $0.00 $0.00 $0.00
053-292-038 MDR N $0.00 $0.00 $0.00
053-292-039 MDR N $0.00 $0.00 $0.00
053-292-040 MDR N $0.00 $0.00 $0.00
053-292-041 MDR N $0.00 $0.00 $0.00
053-292-042 MDR N $0.00 $0.00 $0.00
053-292-043 MDR N $0.00 $0.00 $0.00
053-292-044 MDR N $0.00 $0.00 $0.00
053-292-045 MDR N $0.00 $0.00 $0.00
053-292-046 MDR N $0.00 $0.00 $0.00
053-292-047 MDR N $0.00 $0.00 $0.00
053-292-048 MDR N $0.00 $0.00 $0.00
053-292-049 MDR N $0.00 $0.00 $0.00
053-292-050 MDR N $0.00 $0.00 $0.00
053-292-051 MDR N $0.00 $0.00 $0.00
053-292-052 MDR N $0.00 $0.00 $0.00
053-292-053 MDR N $0.00 $0.00 $0.00
053-292-054 MDR N $0.00 $0.00 $0.00
053-292-055 MDR N $0.00 $0.00 $0.00
053-292-056 MDR N $0.00 $0.00 $0.00
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Assessor's Proposed
Parcel Tax Developed Services Facilities Special Tax
Number Category Parcel Special Tax Special Tax Levy
Proposed Special Tax Levy for FY 2022-23
053-292-057 UND N $0.00 $0.00 $0.00
053-293-001 MDR N $0.00 $0.00 $0.00
053-293-002 MDR N $0.00 $0.00 $0.00
053-293-003 MDR N $0.00 $0.00 $0.00
053-293-004 MDR N $0.00 $0.00 $0.00
053-293-005 MDR N $0.00 $0.00 $0.00
053-293-006 MDR N $0.00 $0.00 $0.00
053-293-007 MDR N $0.00 $0.00 $0.00
053-293-008 MDR N $0.00 $0.00 $0.00
053-293-009 MDR N $0.00 $0.00 $0.00
053-293-010 MDR N $0.00 $0.00 $0.00
053-293-011 MDR N $0.00 $0.00 $0.00
053-293-012 MDR N $0.00 $0.00 $0.00
053-293-013 MDR N $0.00 $0.00 $0.00
053-293-014 MDR N $0.00 $0.00 $0.00
053-293-015 MDR N $0.00 $0.00 $0.00
053-293-016 MDR N $0.00 $0.00 $0.00
053-293-017 MDR N $0.00 $0.00 $0.00
053-293-018 MDR N $0.00 $0.00 $0.00
053-293-019 MDR N $0.00 $0.00 $0.00
053-293-020 MDR N $0.00 $0.00 $0.00
053-293-021 MDR N $0.00 $0.00 $0.00
053-293-022 MDR N $0.00 $0.00 $0.00
053-293-023 MDR N $0.00 $0.00 $0.00
053-293-024 MDR N $0.00 $0.00 $0.00
053-293-025 MDR N $0.00 $0.00 $0.00
053-293-026 MDR N $0.00 $0.00 $0.00
053-293-027 MDR N $0.00 $0.00 $0.00
053-293-028 MDR Y $3,122.98 $324.73 $3,447.71
053-293-029 MDR Y $3,122.98 $324.73 $3,447.71
053-293-030 MDR N $0.00 $0.00 $0.00
053-293-031 MDR N $0.00 $0.00 $0.00
053-293-032 MDR N $0.00 $0.00 $0.00
053-293-033 MDR N $0.00 $0.00 $0.00
053-293-034 MDR N $0.00 $0.00 $0.00
053-293-035 MDR N $0.00 $0.00 $0.00
053-293-036 MDR N $0.00 $0.00 $0.00
053-293-037 MDR N $0.00 $0.00 $0.00
053-293-038 MDR N $0.00 $0.00 $0.00
053-293-039 MDR N $0.00 $0.00 $0.00
053-293-040 MDR N $0.00 $0.00 $0.00
053-293-041 MDR N $0.00 $0.00 $0.00
053-293-042 MDR N $0.00 $0.00 $0.00
053-293-043 MDR N $0.00 $0.00 $0.00
053-293-044 MDR N $0.00 $0.00 $0.00
053-293-045 MDR N $0.00 $0.00 $0.00
053-293-046 MDR N $0.00 $0.00 $0.00
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Assessor's Proposed
Parcel Tax Developed Services Facilities Special Tax
Number Category Parcel Special Tax Special Tax Levy
Proposed Special Tax Levy for FY 2022-23
053-293-047 MDR N $0.00 $0.00 $0.00
053-293-048 MDR N $0.00 $0.00 $0.00
053-293-049 MDR N $0.00 $0.00 $0.00
053-293-050 MDR N $0.00 $0.00 $0.00
053-293-051 MDR N $0.00 $0.00 $0.00
053-293-052 MDR N $0.00 $0.00 $0.00
053-293-053 MDR N $0.00 $0.00 $0.00
053-293-054 UND N $0.00 $0.00 $0.00
053-294-001 MDR N $0.00 $0.00 $0.00
053-294-002 MDR N $0.00 $0.00 $0.00
053-294-003 MDR N $0.00 $0.00 $0.00
053-294-004 MDR N $0.00 $0.00 $0.00
053-294-005 UND N $0.00 $0.00 $0.00
053-294-006 MDR N $0.00 $0.00 $0.00
053-294-007 MDR N $0.00 $0.00 $0.00
053-294-008 MDR N $0.00 $0.00 $0.00
053-294-009 MDR N $0.00 $0.00 $0.00
053-294-010 MDR N $0.00 $0.00 $0.00
053-294-011 MDR N $0.00 $0.00 $0.00
053-294-012 MDR N $0.00 $0.00 $0.00
053-294-013 MDR N $0.00 $0.00 $0.00
053-294-014 MDR N $0.00 $0.00 $0.00
053-294-015 MDR N $0.00 $0.00 $0.00
053-294-016 MDR N $0.00 $0.00 $0.00
053-294-017 MDR N $0.00 $0.00 $0.00
053-294-018 MDR Y $3,122.98 $324.73 $3,447.71
053-294-019 MDR Y $3,122.98 $324.73 $3,447.71
053-294-020 MDR Y $3,122.98 $324.73 $3,447.71
053-294-021 MDR Y $3,122.98 $324.73 $3,447.71
053-294-022 MDR N $0.00 $0.00 $0.00
053-294-023 MDR N $0.00 $0.00 $0.00
053-294-024 MDR N $0.00 $0.00 $0.00
053-294-025 MDR N $0.00 $0.00 $0.00
053-294-026 MDR N $0.00 $0.00 $0.00
053-294-027 MDR N $0.00 $0.00 $0.00
053-294-028 MDR N $0.00 $0.00 $0.00
053-294-029 MDR N $0.00 $0.00 $0.00
053-294-030 MDR N $0.00 $0.00 $0.00
053-294-031 MDR N $0.00 $0.00 $0.00
053-294-032 MDR N $0.00 $0.00 $0.00
053-294-033 MDR N $0.00 $0.00 $0.00
053-294-034 MDR N $0.00 $0.00 $0.00
053-294-035 MDR N $0.00 $0.00 $0.00
053-294-036 MDR N $0.00 $0.00 $0.00
053-294-037 MDR N $0.00 $0.00 $0.00
053-294-038 MDR N $0.00 $0.00 $0.00
053-294-039 MDR N $0.00 $0.00 $0.00
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Assessor's Proposed
Parcel Tax Developed Services Facilities Special Tax
Number Category Parcel Special Tax Special Tax Levy
Proposed Special Tax Levy for FY 2022-23
053-294-040 MDR N $0.00 $0.00 $0.00
053-294-041 MDR N $0.00 $0.00 $0.00
053-294-042 MDR N $0.00 $0.00 $0.00
053-294-043 UND N $0.00 $0.00 $0.00
053-259-008 UND N $0.00 $0.00 $0.00
Totals $145,735.30 $15,154.05 $160,889.35
"levy2223"
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ORDINANCE NO. 1642 ( 2017 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AS LEGISLATIVE BODY OF AVILA RANCH
COMMUNITY FACILITIES DISTRICT NO. 2017- 1, LEVYING A
SPECIAL TAX AGAINST NONEXEMPT REAL PROPERTY WITHIN
THE DISTRICT TO FINANCE CERTAIN FACILITIES, SERVICES AND
INCIDENTAL EXPENSES
WHEREAS, the City Council ofthe City of San Luis Obispo has established Avila Ranch Community Facilities District No. 2017- 1 ( the " District") pursuant to the Mello -Roos Community Facilities Act of 1982 ( Section 53311 et. seq. ofthe California Government Code) (the " Act"); and WHEREAS, by Resolution No. 10844 ( 2017 Series), the City Council of the City of San Luis Obispo, in its capacity as legislative body of the District, submitted the levy of a special tax Special Tax") to the qualified electors ofthe District at a special election called for October 26, 2017 (the " Special Election"); and
WHEREAS, by its Resolution No. 10846 ( 2017 Series), the City Council of the City of San Luis Obispo, in its capacity as legislative body of the District, certified that more than twothirds of the votes cast at the Special Election were in favor of levying the Special Tax.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, IN ITS CAPACITY AS LEGISLATIVE BODY OF AVILA RANCH COMMUNITY FACILITIES DISTRICT NO. 2017- 1, ORDAINS AS FOLLOWS:
SECTION 1. The recitals stated above are true and correct.
SECTION 2. The Special Tax is levied pursuant to Section 53340 of the Act against all non-exempt parcels of real property within the District at the Rate and Method ofApportionment set forth in Exhibit A, which is incorporated by reference.
SECTION 3. Except where funds are otherwise available, the Services Component ofthe Special Tax shall be levied annually, for an indefinite period, with no expiration or sunset, for the purpose of funding the facilities, services, and incidental expenses described in Exhibit B, which is incorporated by reference ( the " Authorized Services and Facilities"). Such annual levies shall be ordered by resolution ofthe City Council at the same rate or a lower rate than the rate provided by this Ordinance. Notwithstanding the foregoing, no Special Tax to pay for public facilities will be levied against any parcel after Fiscal Year 2035- 2036. For the purposes ofthis Section, " public facilities" does not include services described in Section 53313 of the Act.
SECTION 4. The Special Tax is secured by a continuing lien, imposed pursuant to Sections 3114. 5 and 3115. 5 ofthe California Streets and Highways Code. This lien is a continuing lien against all nonexempt real property in the District, and shall secure each levy of the Special Tax.
01642
Ordinance No. 1642 ( 2017 Series) Page 2
SECTION 5. The Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 6. Proceeds ofthe Special Tax will be deposited in a special account and used only for the purpose of financing Authorized Expenses.
SECTION 7. An annual report will be filed by the Finance Officer of the City at least once a year containing a description ofthe amount of funds and the status of any project that is an Authorized Expense.
SECTION 8. The City does not, solely by virtue of this Ordinance, or solely by virtue of the levy or collection of the Special Tax, assume any obligation to provide any particular service or to purchase, construct, expand, improve, or rehabilitate any property of any particular kind.
SECTION 9. The City' s Department of Finance, which is located which is located at 990 Palm Street, San Luis Obispo, CA and whose telephone number is ( 805) 781- 7124 ( the " Finance Department"), will be responsible for preparing the annual roll of Special Tax obligations with respect to the District and for estimating future tax levies pursuant to Section 53340.2 of the Act.
SECTION 10. The City Council has not specified conditions under which the obligation to pay the Special Tax against a particular parcel ofland may be prepaid and permanently satisfied.
SECTION 11. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity ofthe remainder ofthe Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion hereof, irrespective of that fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. 01642
Ordinance No. 1642 ( 2017 Series) Page 3
SECTION 12. The City Clerk shall certify to the adoption of this Ordinance and shall cause this ordinance, or a summary thereof, to be published as required by law.
INTRODUCED on the 7th day of November, 2017, AND FINALLY ADOPTED by the Council ofthe City of San Luis Obispo on the 21St
day ofNovember, 2017, on the following vote:
AYES: Council Members Christianson, Gomez and Pease,
Vice Mayor Rivoire and Mayor Harmon
NOES: None
ABSENT: None
ayoHeidi Har ioiz
ATTEST:
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this a0-6 day of 1
49&
Carrie Gallagher
City Clerk
01642
Ordinance No 1642 ( 2017 Series)
EXHIBIT A
EXHIBIT A
City of San Luis Obispo
Avila Ranch Community Facilities District No. 2107- 1 ( Services) San Luis Obispo County, California
AMENDED RATE, METHOD OF APPORTIONMENT, AND
MANNER OF COLLECTION OF SPECIAL TAX
1. Basis of Special Tax Levy
A Special Tax authorized under the Mello -Roos Community Facilities Act of 1982 ( Act) applicable to the land in the Avila Ranch Community Facilities District No. 2017- 1 ( Services) ( CFD) of the City of San Luis Obispo ( City) shall be levied and collected according to the tax liability determined by the City through the application of the appropriate amount or rate, as described below.
2. Definitions
Act" means the Mello -Roos Community Facilities Act of 1982, as amended, Sections 53311 and following of the California Government Code.
Administrative Ex eases" means the actual or estimated costs incurred by the City to form the CFD and to determine, levy, and collect the Special Taxes, including compensation of City employees for administrative work performed in relation to the CFD, the fees of consultants and legal counsel, the costs of collecting installments of the Special Taxes on the general tax rolls, preparation of required reports, and any other costs required to administer the CFD as determined by the City.
Administrator" means the City Manager of the City, or her or his designee.
Affordable Unit" means a Unit built on a Parcel of Single -Family Parcel for which an Affordable Housing Agreement has been entered into for the property designating the Unit as affordable.
The City Manager, or its designee, shall determine which Units are designated as Affordable Units and maintain an Affordable Unit Listing, which shall contain all designated buildable parcels by tract and lot number, and in the case of Large Lots Parcels remaining before May 1 of the preceding Fiscal Year, the number of designated Affordable Units for each such Large Lot Parcel; all entries shall indicate the effective date of designation. The Affordable Unit Listing also shall be updated to reflect those Units no longer qualifying as Affordable Units, also known as Market - Rate Units. The Affordable Unit Listing, which shall contain all qualifying Affordable Units as of April 30, shall be made available to the Administrator by July 1 of each year for purposes of determining the Maximum Special Tax for Parcels pursuant to Section 4.
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