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HomeMy WebLinkAboutAdmin Agency - El Toyon - Las Palmas Regional Bicycle Boulevard on Grove Street, Paradise Drive, T Avenue, U Avenue, and Beta StreetPROGRAM SUPPLEMENT NO. FO11 Rev. 1 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL-A1D PROJECTS NO 11- 06 F15 Adv Project ID Date: 1116000034 Location: Project Number: E.A. Number: Locode: May 5, 2021 11-SD-O-NATC ATP L- 066 (O 2 ) 5066 This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 07/11116 and is subject to all the terms and conditions thereof, This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT T LOCATION: El Toyon - Las Palmas Regional Bicycle Boulevard on Grove Street, Paradise Drive, T Avenue, U Avenue, and Beta Street TYPE OF WORK: Construct bicycle boulevard with sharrows, signage, crosswalks, and LENGTH: 1.8(MILES) pedestrian -activated signals Estimated Cost Federal Funds 1,019,000.00 M3E1 M3E2 Z3E1 CITY OF NATIONAL CITY By Title Date Attest Oeuhtit&o 3 5,000.00 LOCAL $50,000.00 S1,544,000.00 0.00 Matching Funds OTHER $0.00 STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date !I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date Program Supplement 11-5066F1-F011-R1- ISTEA S/6"4/2 62) $1.919.000.00 Page 1 of 8 11-SD-O-NATC ATPL-506e(032) SPECIAL COVENANTS OR REMARKS A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. B. ADMINISTERING AGENCY agrees that itwill only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). C. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do o will cause a delay in the State processing invoices for the construction phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual, D. ADMINFSTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by. the execution of this Project Program Supplement. Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligatIons for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on -going r future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING ll l.G AGENCY for a. six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing dateand target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty 1 days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. E. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal" assisted contract .or in the administration of its DBE Program lm l m nt ti r. Agreement. The Administering Ajency shall take ail necessary and reasonable steps under 49 CFR Part 26 to n ur nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is. incorporated by reference in this Agreement.. Implementation of the DBE. Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is legal Program Supplement 11- i 1 # 11- i - ISTEA Page 2 of 1-SD-O-NATC ATPL-5066(032) SPECIAL COVENANTS OR REMARKS obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1 (31 UIS,C. 3801 et seq.). F1 Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specificfund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, ail project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending in these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to directive from the State Controller's Office and the Department of Finance; i'n order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at 'the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs s Accounting Office at least 45 days prior to th.e applicable fixed fund Reversion Date will not be paid. These unexpended funds willbe irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. G. As a condition for receiving federal -aid highway funds for PROJECT, the Administering Agency. certifies that NO members of the elected board, council,' r other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at w w.s r .go . This PROJECT is ' programmed to receive Federal funding from . the Active Transportation Program (ATP). Funding may be provided under oneor more components, A component(s)specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s). identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s)1 This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. The start of reimbursable able expenditures is restricted to the later of either I the effective date of the component specific allocation or the effective date of the federal obligation of funds, Program Supplement 11- 1 - i1- 1-I T Page 3 of ATPL-5066(032) SPECIAL COVENANTS OR REMARKS ii STATE and ADMINISTERING AGENCY agree that any additional funds whEch right be made available by future Federal obligations will be encumbered on this PROJECT y use of a STATE -approved "Authorization to Proceed" and Finance Letter, ADMINISTERING AGENCY also agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration and that STATE funds available for reimbursement will be limited to the amounts allocated by the California Transportation Commission and/or STATE. J. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely useof funds criteria for the cornponent(s)and allocation requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation will consist of a Federal Highway h ►dr ini tr ti n- rd "Authorization to Proceed" notification, STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. K. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual L r M , the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT. L. The submittal of invoices for PROJECT costs shall be in accordance with the above - referenced publications and the following* The ADMINISTERING AGENCY shall invoice STATE for environmental & permits, plans specifications estimate, .and right-of-way costs no later than 160 days after the end of last eligible fiscal year of expenditure, For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance, whichever occurs first, to make the -fin .l payment to the contractor and prepare the. final Report of Expenditures and final invoice, and submit to STATE for verification .arid payment. M. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement, Funding and reimbursement are available only upon the passage of the State Budget Act containing these Federal funds. N. This PROJECT is subject to the timely use of funds provisions enacted by the ATP Guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below. Funds allocated for the environmental & permits , plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. Program Supplement 11- 0 1 lF 1- 1- ISTEA Page 4 of 110SD.O‘NATC ATPL-5066(032) SPECIAL COVENANTS REMARKS Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award. O. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program Guidelines, as adopted or amended. P, This PROJECT has received funds from Active Transportation Program ATP) The ADMINISTERING AGENCY agrees to dmini ter. the project in accordance with the CTC Adopted S I Accountability and Transparency Guidelines. 2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations an.d procedures (including those set forth in the Local Assistance Procedures Manual and the Local 'Assistance Program Guidelines, hereafter collectively referredto as "LOCAL ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of Federal Regulation C and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project -specific PROGRAM SUPPLEMENT. B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES. C. ADMINITERING AGENQY must have at least one copy of supporting backup documentation for costs incurred urred and claimed for reimbursement en y ADMINISTERING AGENCY. ADMiNISTERiNG AGENCY agrees to submit supporting backup documentation with invoices if requested by State, Acceptable backup documentation in lud.es, but is not limited too agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/cr a computerized su nmary of PROJECT costs. D. Indirect Cost Allocation Ran/Indirect Cost Rate Proposals ICA' tCRl , Central Service Cost Allocation Plans and related documentation are to prepared and provided to STATE (Ca!trans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement f indirect. costs Incurred within each fiscal year being claimed for State and federal reimbursement. ICAPsI1CRPs must. be prepared in accordance with the requirements set forth in 2 CFRo Part 200, Chapter 5 of the Local Assistance Procedural Manual., and the ICAPIICRP approval procedures established by STATE. E. STATE Mil withhold the greater of either two percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $4OOOO until ADMINISTERING Program Supplement 1 - O i .0F 1 -R1 ISTEA Page 6 of I1- -- TC ►TPL- O (Q ) SPECIAL COVENANTS OR REMARKS AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. F. Payments to ADMINISTERING 11ISTERING AGENCY for PROJECT -related travel and subsistence (per 'diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shalt not exceed rates authorized to paid rank and file STATE employees under current State Department of Personnel Administration PA rules, If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments Inadvertently paid by STATE shalt be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. G. ADMINISTERING AGENCY agrees to comply with 2 CFR Part 200, uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards. H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Reguiations System, Chapter I , Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. I. Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (FCC) 1 3 - 334 (procurement of goods.), PCC 1 3 -1 1 (non-A&E services), and other applicable STATE and FEDERAL regulations. J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE K. STATE reserves theright to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING ING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph: ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the CaliforniaState Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, Including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three Program Supplement 1 - 1 - 1 "l - 1- ISTEA Page 6 of 11-SD*0-NATC , T P L- (32) SPECIAL COVENANTS REMARKS years from the date of submission of the final expenditure report by the STATE to the FHWA. L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that property accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line [tern for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination f incurred costs at interim points f completion, and provide support for reimbursement payment vouchers or invoices set to r paid by STATE. M. ADMINISTERING AGENCY is required to have an audit in: accordance with the Single Audit. Act of 2 CFR 200 if it expends $750OOO oor more in Federal Funds in single fiscal year of the catalogue of Federal Domestic Assistance, N. ADMINISTERING G AGENCY agreesto include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to xa ine in ADMINISTERING AGENCY'S annual audit and in the schedule of projectsto be examined under it.s single audit prepared in accordance with 2 CFR, Part 200. O. ADMINISTERING AGENCY shall not award a non -A E contract over $5,000, construction contracts over $iQ,OOO, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections (d), (e) and (f)] on the basis of noncompetitive negotiation for work to performed under this. AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. P. Any . subcontract entered into by ADMINISTERING .1 ING AGENCY as a result of this. AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement. 3. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING f- Il G AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to s the "contractor") agrees to comply with the ilowin nondiscrimination statutes and authorities; including but not limited to: Pertinent Nondiscrimination Authorities: A. Title VI of the civil Rights Act of 1964 (42 U.S.C.. 2000d et seq., 78 stat* , (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Program Supplement 11 M5O F1 - 1 - 1 ISTEA Page 7 of I-SD.O.NATC ATPL-5066(032) SPECIAL COVENANTS OR REMARKS U S C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); C. Federal -Aid Highway Act of 7 , (23 U.S.C. 324 t seq.), (prohibits discrimination on the basis of sex); D. Section 504 of the Rehabilitation Act of 1973, ,S C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); F. Airport and Airway Improvement Act of 1982, I& C 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, L I - , (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of thterms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); H. Titles II and ill of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities 2 U.S.C. 1 131- 121 as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute IS C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice. in !Minority Populations and Low-incorne Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination becauseof limited English proficiency (LE . To ensure compliance with Title VI, you must take reasonable steps to ensure that LEPpersons have meaningful access to .._your programs (70 Fed. Reg. at 74087 to 7 1 ; i Title IX of the Education Amendments of 1972, as amended, which prohthits you from discriminating because of sex in education programs or activities (20 LIS.C. 1681 et q 4 ProgramSupplement 1 1 M 1- 1- ISTEA Page 8 of RESOLUTION NO. 2021 � 154 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A PROGRAM SUPPLEMENT AGREEMENT (PSA) NO. FOIl REV. I WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE EL TOYON-LAS PALMAS BICYCLE CORRIDOR PROJECT TO ALLOW FOR REIMBURSEMENT OF UP TO $1,544,000 IN ELIGIBLE PROJECT EXPENDITURES THROUGH THE FEDERAL ACTIVE TRANSPORTATION PROGRAM (ATP) WHEREAS, on December 10, 2014, the California Department of Transportation ("CaItrans5)awarded a $375,000 Federal Active Transportation Program ("ATP") grant to the City of National City("City') for the El Toyon-Las Patimes Bicycle Corridor Project ("Project); and WHEREAS, on June 21, 2016, City Council adopted Resolution No. 2016-96 authorizingthe Mayor to execute Program Supplement Agreement Number FOI1 with Caftans to allow for reimbursement of up to $5000O in eligible project expenditures, and the appropriation of $50,000 for the Project; and WHEREAS, S, n December 16, 2016, Caltrans awarded a $1,544,000 Federal ATP grant for the construction phase of the Project; and WHEREAS, on November 8, 2017, Caltrans issued an Authorization to Proceed to the City for the PS&E and RIW phase, establishing the date for eligible reimbursement; ent; and WHEREAS, on February 20, 2018, City Council adopted Resolution No. 2018-24 authorizing the establishment of an appropriation for $325,000 and a corresponding revenue budget for the El T you -Les Palmas Bicycle Corridor Project; and WHEREAS, on AprB 28, 2021, C lfr ns issued an Authorization to Proceed to the City for the Construction phase, establishing the date for eligible reimbursement; and WHEREAS, the Project includes the construction of a new bicycle corridor parallel to the east side of 1-805 connecting El Toyon Park and Las Palmas Park; ; r d WHEREAS, the Prolect Improvements along the bicycle corridor will include Class 11 and III bike route pavement markings s arr ws and sign et' pedestrian curb ramps for ADA compliance; tragic calming measures such as pedestrian refuge islands, corner bulb -pouts, and pedestrian actuated flashing crosswalk signs; and stormwater treatment Infiltration areas; and WHEREAS, the City Council must adopt a Resolution authorizing the Mayor to execute Program Supplement Agreement No. NO11 Rev. I to Administering Agency -State Master Agreement No. 11-5056E15 to i llo r for reimbursement of eligible Project, expenditures through the Federal ATP grant; and /!1 ResolutionNo, 22 154 Page Two WHEREAS, City staff recommends City Council to adopt this Resolution authorizing the Mayor to execute Program Supplement Agreement No. F01 I Rev, I with the State of California Department of Transportation (Caftans) for the Project to allow for reimbursement of up. to $1,5443000 in eligible project expenditures through the Federal ATP. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE) DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section : Authorizes the Mayor to execute Program Supplement Agreement No. F011 Rev. I with C !. ra s for the El T y -Las Palmas Bicycle Corridor Project to allow for reimbursement of up to $1 r544s000 in eligibleproject expenditures through the Federal AT . Section 2: Th:e City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolution. PASSED and ADOPTED this 1.9th day of October, 2021 Alejandro S t to Solis, Mayor ATTEST: Luz Molina . ity Clerk APPROVED AS TO FORM Passed and adopted by the CouncIl of the City of National City, California, on October 19, 2021, by the following, vote, to -wit: Ayes: SoteloSo[is, Rodriguez 1, Bush, Morrison, Rios. Nays: None. Absent None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California P�w Lir AA 0/0 LUZ MOLINA City Clerk of the City of National pity, Ca@iforda BY: M ... . he11yChapel, I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2021-1 54 of the City of National City, California, passed and adopted by the pity Council of said Cfty on October 19, 2021.