Project Cost: $ 340,000
Previous Cost:
O & M Impacts:
Department Engineering
Location: 270 E. Virginia Way
Description:
Description of Expenditures FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total Architect Fees - - - - - -
Construction 65,000 275,000 - - - 340,000
Engineering - - - - - -
Equipment - - - - - -
Inspection - - - - - -
Land Acquisition / Right of Way - - - - - -
Other Costs - - - - - -
Project Management - - - - - -
Total 65,000 275,000 - - - 340,000
Funding Sources FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total CDBG 65,000 - - - - 65,000
- 275,000 - - - 275,000
Total 65,000 275,000 - - - 340,000
FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total
Operation - - - - - -
Maintenance - - - - - -
Capital Outlay - - - - - -
Total - - - - - -
Operating & Maintenance Budget Impact
City of Barstow
Capital Improvement Project
FY 2022 - 2023
Barstow Memorial Park Cemetery Restroom Rehabilitation for ADA Installation of restoom that meets American's With Disabilities (ADA). 210
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Packet Pg. 790 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD) Project #:
Project Cost: $ 910,000
Previous Cost:
O & M Impacts:
Department Engineering
Location:
Description:
Description of Expenditures FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total Architect Fees - - - - - -
Construction - 370,000 480,000 - - 850,000
Engineering - 20,000 20,000 - - 40,000
Equipment - - - - - -
Inspection - - - - - -
Land Acquisition / Right of Way - - - - - -
Other Costs - - - - - -
Project Management - 10,000 10,000 - - 20,000
Total - 400,000 510,000 - - 910,000
Funding Sources FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total SB1 - 283,368 - - - 283,368
Measure I - 135,201 - - - 135,201
Total - 418,569 - - - 418,569
Operating & Maintenance Budget Impact FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total Operation - - - - - -
Maintenance - - - - - -
Capital Outlay - - - - - -
Total - - - - - -
This project consist of grinding or replacing asphalt concrete pavement in the front and rear parking lots of City Hall. The project may include replacement or installation of curbs, curb ramps, sidewalks, cross-gutters, signs, striping, and markings.
City of Barstow
Capital Improvement Project
FY 2022 - 2023
City Hall Front and Back Parking Lot Resurfacing
220 East Mountain View Street
211
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Packet Pg. 791 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD) Project #:
Project Cost: $1,200,000
Description of Expenditures FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
600,000 600,000 1,200,000
-
-
-
-
-
- 600,000 600,000 - - 1,200,000
Funding Sources FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
- - - - - -
Operating & Maint Budget Impact FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
-
- - - - - -
City of Barstow
Capital Improvement Project
FY 2022-2023
Project Name: Solar Carport
Other Costs
Previous Cost: $ N/A
Department: Building
Location: City Hall
Description: Installation of solar carport to offset utilities.
Architect Fees
Construction
Engineering Fees
Equipment
Inspection
Land Acquisition
Capital Outlay
Total
Total
Total
Operations
Maintenance
212
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Packet Pg. 792 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD) Communication Center Expansion Project
Description of Expenditures FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total - 85,000 - - 85,000
- - - - - -
- 85,000 - - - 85,000
Funding Sources FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total 85,000 - - - -
- - - - -
- 85,000 - - - -
Operating & Maintenance Budget Impact FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total - 65,000 - - -
- 20,000 - - -
- - - - - -
Total - 20,000 - - - 85,000
Capital Improvement Project
FY 2022-2023
Equipment
Total
Measure Q
Total
Capital Outlay
Construction Costs
Construction
Description: The department is in need of an expansion upgrade to our current Communitcations Center. This is vital to open up space for the dispatchers and equipment, make room for the future addition of a fourth dispatch console, and make space for a dispatch supervisor's station.
When the police department dispatch center absorbed fire dispatching, we squeezed another dispatch station into the existing room. This made it a very tight working environment for the employees. The communications room is very small and needs to be expanded to improve working conditions. The department has received multiple complaints regarding the working conditions/environment in dispatch. The expansion would open up the room with space and the ability to add another dispatch console and supervisor station which ultimately will improve services to the community.
City of Barstow
Project Cost: $85,000
Previous Cost: $ -
O&M Impact: $ -
Department: Police Department
Location: 220 East Mountain View Street
Project #:
213
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Packet Pg. 793 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD) Project #:
Project Cost: $700,000
Description of Expenditures FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
700,000 700,000
-
-
-
-
-
- - 700,000 - - 700,000
Funding Sources FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
- - - - - -
Operating & Maint Budget Impact FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
-
- - - - - -
City of Barstow
Capital Improvement Project
FY 2022-2023
Project Name: Corp Yard Solar Panels
Other Costs
Previous Cost: $ N/A
Department: Public Works
Location: Corp Yard
Description: Installation of solar carport to offset utility costs.
Architect Fees
Construction
Engineering Fees
Equipment
Inspection
Land Acquisition
Capital Outlay
Total
Total
Total
Operations
Maintenance
214
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Packet Pg. 794 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD) Project #:
Project Cost: $ 65,000
Previous Cost:
O & M Impacts:
Department Engineering
Location: Armory Road
Description:
Description of Expenditures FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total Architect Fees - - - - - -
Construction 65,000 - - - - 65,000
Engineering - - - - - -
Equipment - - - - - -
Inspection - - - - - -
Land Acquisition / Right of Way - - - - - -
Other Costs - - - - - -
Project Management - - - - - -
Total 65,000 - - - - 65,000
Funding Sources FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total CDBG 65,000 - - - - 65,000
Total 65,000 - - - - 65,000
FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total
Operation - - - - - -
Maintenance - - - - - -
Capital Outlay - - - - - -
Total - - - - - -
Operating & Maintenance Budget Impact
City of Barstow
Capital Improvement Project
FY 2022 - 2023
Desert Manna Roofing Project
Remove and replace the roof at Desert Manna
215
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Packet Pg. 795 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD) Project #:
Project Cost: $ 300,000
Previous Cost:
O & M Impacts:
Department Engineering
Location:
Description:
Description of Expenditures FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total Architect Fees - - - - - -
Construction 300,000 - - - - 300,000
Engineering - - - - - -
Equipment - - - - - -
Inspection - - - - - -
Land Acquisition / Right of Way - - - - - -
Other Costs - - - - - -
Project Management - - - - - -
Total 300,000 - - - - 300,000
Funding Sources FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total Per Capitia Funds - OGALS 300,000 - - - - 300,000
Total 300,000 - - - - 300,000
FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total
Operation - - - - - -
Maintenance - - - - - -
Capital Outlay - - - - - -
Total - - - - - -
Operating & Maintenance Budget Impact
City of Barstow
Capital Improvement Project
FY 2022 - 2023
Emergency Generator at City Hall
220 E Mountain View Street
Remove existing generator and replacing with new generator. 216
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Packet Pg. 796 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD) Description of Expenditures FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
-
- 180,000 180,000
-
-
-
- 180,000 - - - 180,000
Funding Sources FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total 180,000 180,000
-
- 180,000 - - - 180,000
Operating & Maint Budget Impact FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
-
- - - - - -
Engineering Fees
Equipment
City of Barstow
Construction
Insert Photo
Architect Fees
Project Cost: $130-180K
Previous Cost: $
Department: FIRE
Location:
Capital Improvement Project
FY 2022-2023
Fire Training Center Project #:
Description: The Fire District would like to purchase this training prop to place on the joint training site with the Police Department. This would aid in meeting Goal #2 as stated in the District's Program Narrative Goals and Assessment. Currently there is not a safe designated facility to conduct Fire Department training.
Other Costs
Total
Inspection
Land Acquisition
Capital Outlay
Operations
Total
Maintenance
Total
Measure Q
217
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Packet Pg. 797 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD) Project #:
Project Cost: $ 65,000
Previous Cost:
O & M Impacts:
Department Engineering
Location: 270 E. Virginia Way
Description:
Description of Expenditures FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total Architect Fees - - - - - -
Construction - - - - - -
Engineering - - - - - -
Equipment - - - - - -
Inspection - - - - - -
Land Acquisition / Right of Way - - - - - -
Other Costs 65,000 - - - - 65,000
Project Management - - - - - -
Total 65,000 - - - - 65,000
Funding Sources FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total CDBG 106,804 - - - - 106,804
Total 106,804 - - - - 106,804
FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total
Operation - - - - - -
Maintenance - - - - - -
Capital Outlay - - - - - -
Total - - - - - -
Operating & Maintenance Budget Impact
City of Barstow
Capital Improvement Project
FY 2022 - 2023
Mojave River Valley Museum Roof Replacement
Replacement of the existing roof.
218
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Packet Pg. 798 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD) Project #:
Project Cost: $700,000
Description of Expenditures FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
700,000 700,000
-
-
-
-
-
- - - - 700,000 700,000
Funding Sources FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
- - - - - -
Operating & Maint Budget Impact FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
-
- - - - - -
Land Acquisition
Capital Outlay
Total
Total
Total
Operations
Maintenance
Other Costs
Construction
Engineering Fees
Equipment
Inspection
City of Barstow
Capital Improvement Project
FY 2022-2023
Project Name: Police Annex Solar Panels
Previous Cost: $ N/A
Department: Building
Location: Police Annex
Description: Installation of solar carport to offset utility costs.
Architect Fees
219
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Packet Pg. 799 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD) Description of Expenditures FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
-
580,800 580,800
-
-
-
- 580,800 - - - 580,800
Funding Sources FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total - 580,800 580,800
-
- 580,800 - - - 580,800
Operating & Maint Budget Impact FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
- 580,800 580,800
- 580,800 - - - 580,800
Other Costs
Total
Inspection
Land Acquisition
Total
Engineering Fees
Equipment
Capital Outlay
Operations
Maintenance
Total
City of Barstow
Construction
Architect Fees
Capital Improvement Project
FY 2022-2023
Solar Project for Fire Station 361 & 366 Project #:
Description:
The District currently spends $65k-75K per year for electricity for Stations 361 and 366. This project will pay for itself in 12 years and have an overall 30 year projected savings of $1,906,916.
Project Cost: $580,800
Previous Cost: $
Department: FIRE
Location: Station 361 &366
220
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Packet Pg. 800 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD) Project #:
Project Cost: $650,000
Description of Expenditures FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
-
450,000 450,000
-
-
-
- 450,000 - - - 450,000
Funding Sources FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
- - - - - -
Operating & Maint. Budget Impact FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
-
- - - - - -
City of Barstow
Other Costs
Total
Inspection
Land Acquisition
Project Name: Combination Vactor Truck
Previous Cost: $ N/A
Department: Wastewater/Streets
Location: Wastewater/Streets
Engineering Fees
Equipment
Construction
Capital Improvement Project
FY 2022-2023
Description: This purchase is funded from 2/3 Wastewater and 1/3 Streets. Lead time on unit is approximately 18 months after purchase order is issued. The City's combination vactor truck was out of service for years and was auctioned off last year because it no longer met AQMD requirements. The replacement unit will provide service abilities that currently are being neglected. The purchase order will need to be created in FY-23, but the expense will not occur until FY 24.
Architect Fees
Total
Capital Outlay
Operations
Maintenance
Total
221
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Packet Pg. 801 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD) Hand Held Radio Upgrade Project
Description of Expenditures FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total - - - - -
- - - - - -
- - - - - -
Funding Sources FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total 152,900 152,900 - - - 305,800
- - - - -
152,900 152,900 - - - 305,800
Operating & Maintenance Budget Impact FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total - - - - -
- - - - -
152,900 152,900 - - - 305,800
152,900 152,900 - - - 305,800
City of Barstow
Project Cost: $305,674
Previous Cost: $ -
O&M Impact: $ -
Department: Police Department
Location: 220 East Mountain View Street
Project #:
Total
Capital Improvement Project
FY 2022-2023
Maintenance
Total
Measure Q
Training Costs
Total
Capital Outlay
Operations
Description: The department needs to upgrade the current Hand Held Talkers/Radios (HT's). The department currently deploys the Motorola XTS 5000R radios which have a life span of approximately eight (8) years. Although we have been able to receive over ten (10) years of service life with these radios, their current programming, reception, and transmitting has created several issues in the field. San Bernardino County radio repair recommends a transition to the new Motorola APX 6000 series radios ASAP due to upgraded programming and compatibility with the new digital system. The expected life span of the APX 6000 radios is 10 years. The listed costs include radios, lapel microphones, programming, and warranty. 222
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Packet Pg. 802 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD) Project #:
Description of Expenditures FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
-
95,000 95,000
-
-
-
- - 95,000 - - 95,000
Funding Sources FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
- - - - - -
Operating & Maint. Budget Impact FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
-
- - - - - -
Architect Fees
Construction
Engineering Fees
Equipment
City of Barstow
Capital Improvement Project
FY 2022-2023
Project Name: Kick Broom
Project Cost: $95,000.00
Previous Cost: $ NA
Department: Streets
Location: Streets
Description: Kick Broom is a vital piece of equipment for the Streets Division for construction projects, emergency issues, and storm cleanup events.
Inspection
Land Acquisition
Capital Outlay
Total
Total
Total
Operations
Maintenance
Other Costs
223
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Packet Pg. 803 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD) Project #:
Project Cost: $90,000
Description of Expenditures FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
-
90,000 90,000
-
-
-
90,000 - - - - 90,000
Funding Sources FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
- - - - - #REF!
Operating & Maint Budget Impact FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
-
- - - - - -
Capital Outlay
Total
Total
Total
Operations
Maintenance
Other Costs
Previous Cost: $ N/A
Department: Streets
Location: Streets
Description: Mastic machine to continue and improve in-house street maintenance activities.
Architect Fees
Construction
Engineering Fees
Equipment
Inspection
Land Acquisition
City of Barstow
Capital Improvement Project
FY 2022-2023
Project Name: Mastic Machine
224
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Packet Pg. 804 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD) Mobile Command Post Project
Description of Expenditures FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total - - - - -
- - - - - -
- - - - - -
Funding Sources FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 5 Year Total - - - - 563,000
- - - - -
- - - - - 563,000
Operating & Maintenance Budget Impact FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 5 Year Total - - - - - -
- - - - - 1,500
- - - - - -
- - - - - -
Maintenance - Amount reflects the annual maintenance costs City of Barstow
Project Cost: $563,000
Previous Cost: $ -
O&M Impact: $ -
Department: Police Department
Location: 220 East Mountain View Street
Project #:
Total
Capital Improvement Project
FY 2022-2023
Maintenance
Total
Measure Q
Other Costs
Total
Capital Outlay
Operations
Engineering and Design
Description: A Mobile Command Post Vehicle is used as a mobile office that provides shelter, work spaces, access to department computers, tactical planning areas, and restroom facilities for extended investigations into critical incidents. 225
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Packet Pg. 805 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD) Project #:
Description of Expenditures FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
-
225,000 225,000
-
-
-
- - 225,000 - - 225,000
Funding Sources FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
- - - - - -
Operating & Maint Budget Impact FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
-
- - - - - -
Architect Fees
Construction
Engineering Fees
Equipment
City of Barstow
Capital Improvement Project
FY 2022-2023
Project Name: Skid Steer
Project Cost: $225,000.00
Previous Cost: $ ??
Department: Streets
Location: Streets
Description: A Skid Steer is a vital piece of equipment for the Streets Division that can be used across the division for a magnatude of projects.
Inspection
Land Acquisition
Capital Outlay
Total
Total
Total
Operations
Maintenance
Other Costs
226
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Packet Pg. 806 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD) Project #:
Project Cost: $180,000
Description of Expenditures FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
-
180,000 180,000
-
-
-
- 180,000 - - - 180,000
Funding Sources FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
- - - - - -
Operating & Maint Budget Impact FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
-
- - - - - -
Capital Outlay
Total
Total
Total
Operations
Maintenance
Other Costs
Previous Cost: $ 43,500
Department: Streets
Location: Streets
Description: A Stencil truck is a vital piece of equipment for the Streets Division, which had a service life of 15 years. The current unit is over 23 years old.
Architect Fees
Construction
Engineering Fees
Equipment
Inspection
Land Acquisition
City of Barstow
Capital Improvement Project
FY 2022-2023
Project Name: Stencil Truck
227
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Packet Pg. 807 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD) Project #:
Project Cost: $80,000
Description of Expenditures FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
-
80,000 80,000
-
-
-
80,000 - - - - 80,000
Funding Sources FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
- - - - - -
Operating & Maint Budget Impact FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5 Year Total -
-
-
- - - - - -
Capital Outlay
Total
Total
Total
Operations
Maintenance
Other Costs
Previous Cost: $ N/A
Department: Wastewater
Location: Wastewater
Description: Purchase of a high crop tractor to maintenance the solar drying beds.
Architect Fees
Construction
Engineering Fees
Equipment
Inspection
Land Acquisition
City of Barstow
Capital Improvement Project
FY 2022-2023
Project Name: Tractor
228
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Packet Pg. 808 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD) Fiscal Year
Ended SBE City
June 30 Secured Unsecured Nonunitary Net Value % Change -
2012 1,105,173,976 105,571,293 2,186,442 1,212,931,711 -2.61% -
2013 1,092,408,332 104,914,213 2,165,193 1,199,487,738 -1.11% -
2014 1,039,983,380 102,817,129 677,094 1,143,477,603 -4.67% -
2015 1,051,514,240 103,609,217 562,232 1,155,685,689 1.07% 2016 1,075,574,231 100,176,764 1,091,097 1,176,842,092 1.83% 2017 1,179,227,750 92,848,517 1,090,047 1,273,166,314 8.18% 2018 1,199,023,057 87,038,753 1,174,083 1,287,235,893 1.11% 2019 1,277,320,622 97,633,037 1,100,258 1,376,053,917 6.90% 2020 1,364,148,974 96,231,522 1,041,131 1,461,421,627 6.20% 2021 1,406,623,300 99,619,193 986,567 1,507,229,060 3.13% Source: HdL Coren & Cone/San Bernardino Co Assessor 2011/12-2020/21 Combined Tax Rolls *Exempt values are not included in Total Assessed Value.
CITY OF BARSTOW
Assessed Value of Taxable Property
Last Ten Fiscal Years
City of Barstow
229
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Packet Pg. 809 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD)
CITY OF BARSTOW, CALIFORNIA
Date of Incorporation September 30, 1947 Parks 13
Form of Government Council-Manager Soccer Field 2
Classification General Law Playground 9
Area 41.3 square miles Baseball/Softball Field 5
Sphere of Influence 200 square miles Batting Cages 1
Population 24,205 Picnic Shelter 3
Average Household Income $56,710 Basketball Court 7
Average Household Size 2.91 Tennis Court 1
Number of Full-Time Employees 171 Amphitheater/ Stage 2 Football Field 1
Horseshoe Pits 3
Number of Fire Stations 3 BBQs 8
Number of Sworn F/T Fire Fighters 28 Skate Park 1
Number of Non-Sworn 2 Swimming Pool 1
Restrooms 12
Police Protection
Number of Police Stations 2
Number of Sworn Sheriff Officers 46 Miles of Streets 104.4 miles Miles of Sanitary Sewers 123
Miles of Storm Sewers 16
Max. Daily Treatment Capacity 4.5MGD
Households by Income
Elementary Schools* 10
Intermediate Schools 1 2020 Top 5 Employers
Junior High (Middle) Schools* 2 Ft. Irwin NTC 8,900
High Schools* 2 Marine Corps Logistics Base 1,700
Adult Evening Schools 1 BNSF Railroad 1,000
Community Colleges 1 Barstow USD 958
Public Libraries 1 Outlets at Barstow 480
*Including private and charter schools
DEMOGRAPHICS
General
Fire Protection
Streets, Parks and Sanitation
Education Facilities
Fiscal Year 2021 - 2022
Outdoor Recreation Facilities
Race and Ethnicity
White
23%
Black
16%
American
Indian
2%
Asian
2%
Pacific
Islander
0.3%Other
6%
Two or
More
8%
Hispanic
42%
Less than
$10,000
17%
$10,001-
$20,000
20%
$20,001-
$30,000
20%
$30,001-
$40,000
15%
$40,001-
$50,000
16%
$50,001-
$60,000
12%
230
14.a
Packet Pg. 810 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD)
CITY OF BARSTOW, CALIFORNIA
Population by Age
Years of School Completed Total
Less than High School 926 (6.63%)
9th to 12th Grade 2,120 (15.18%)
High School 4,223 (30.23%)
Some College 3,671 (26.28%)
Associate's Degree 1,744 (12.48%)
Bachelor's Degree 812 (5.81%)
Graduate Degree or Higher 473 (3.39%)
DEMOGRAPHICS
Fiscal Year 2021 - 2022
2020 Educational Attainment of Population over 25
Years of Age
0 500
1000
1500
2000
2500
3000
3500
4000
0-45-9
10-1415-1920-2425-3435-4445-5455-6465-7475-84
85+
231
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Packet Pg. 811 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD)
CITY OF BARSTOW, CALIFORNIA
FINANCIAL POLICIES
FINANCIAL REPORTING
The City maintains its accounting records in accordance with Generally Accepted Accounting Principles
GAAP GASB
The City Council and City staff review fiscal performance against the budget at the mid-point of each Fiscal Year.
The accounts of the City are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, net position or fund equity, revenues and expenditures or expenses, as appropriate.
Government resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. The budget is adopted in accordance with GAAP. Revenues are recognized on the accrual basis (i.e., when they are earned). Expenditures are recorded when the related fund liability is incurred.
The General Fund is the general operating fund of the City. It is used to account for all financial resources except those that are required to be accounted for in another fund because there are legal restrictions on their use.
RESERVES:
General Fund - Fund Balance Policy
at least 25% of
budgeted appropriations in the General Fund. For FY 22-23, the $5.2 million unassigned fund balance is equivalent to 22.0% of the General Fund proposed budget or 3.62% of the total operating budget for all funds.
In June, 2010, the City Council adopted Resolution No. 4548-2010 approving Policy Memorandum No. 2010-15 Fund Balance Policy
reduce the negative impact on the City in times of economic uncertainty and potential loses of funding from other governmental agencies. Under the Fund Balance Policy, City reserves are restricted for onetime purposes. The Fund Balance Policy establishes minimum requirements for General Fund nondepartment reserves and provides guidelines for the use of these funds. Appropriation for contingencies is maintained at 20 percent of total General Fund net appropriations for one-time emergencies and economic uncertainties. Excess fund balance at year-end must first be used to replenish the reserve amount at the 20 percent level. The Fund Balance Policy can be changed only by a resolution of the City Council.
232
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Packet Pg. 812 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD)
CITY OF BARSTOW, CALIFORNIA
Debt Service Funds
The Debt Service Funds shall maintain reserves as prescribed by the bond covenants and/or other legal restrictions adopted at the time of the debt issuance.
OPERATING BUDGET:
The City will maintain a long-range fiscal perspective through the use of an annual operating budget and a five or seven-year Capital Improvement Program. The City will develop a long-term revenue and expenditure forecast.
General Fund
The City will maintain a balanced operating budget. To achieve a balanced budget, current revenues should be sufficient to cover current expenditures. Appropriations of available fund balance will only be -recurring expenditures.
Special Revenue Funds
Special Revenue Funds will be used for specific programs or projects under the guidelines established for each fund. Appropriations may not exceed the anticipated resources including use of reserves when appropriate.
Proprietary Funds
The City will ensure that user fees enacted pursuant to an adopted rate structure are sufficient to fund operating expenses including 1 ½ to 3 months of working capital at a minimum.
Debt Service Funds
Adequate funding will be appropriated within the Debt Service Funds to fund debt obligations as they come due. Also, reserves will be maintained within the Funds as necessary pursuant to bond covenants and/or other legal restrictions.
233
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Packet Pg. 813 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD)
CITY OF BARSTOW, CALIFORNIA
FINANCIAL POLICIES
REVENUES:
Recurring revenue growth (inflation) will be used to pay for recurring expenditures. Recurring expenditure increases should not be approved which exceed recurring revenue growth. Any new or expanded programs will be required to identify new funding sources and/or offsetting reductions in expenditures. In addition:
The City shall use a conservative approach in projecting revenues.
One-time revenues may be used for one-time expenditures.
The City shall update its user fees and charges periodically to recover costs of providing that service for which a fee is charged.
ACCOUNTING:
The City will comply with the requirements of the Governmental Accounting Standards Board (GASB) and record and maintain its financial transactions based upon Generally Accepted Accounting Principles (GAAP).
INVESTMENTS:
The City Treasurer shall invest the City
Investment Policy.
DEBT:
The City shall issue debt primarily to finance capital improvement projects or for the purchase of large fixed assets.
The term of the debt should not exceed the life of the asset being financed.
The City shall issue debt using the most cost-effective method available at time of debt issuance.
The debt shall not cause the City to exceed its legal debt limit. 234
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Packet Pg. 814 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD)
CITY OF BARSTOW, CALIFORNIA
GLOSSARY OF BUDGET TERMS
ACCRUAL BASIS OF ACCOUNTING: Revenues are recognized when both measurable and available; expenditures are recorded when services have been substantially performed or goods have been received and the liabilities incurred.
ADOPTED BUDGET: The official budget as approved by the City Council at the start of each fiscal year.
AD VALOREM TAX: (which means “according to its value”) A state or local government tax based on the value of real property as determined by the county tax assessor.
AGENCY FUND: Used to account for assets held by the City in a fiduciary capacity for individuals, government entities, and others. Such funds are operated by carrying out the specifications of trust indentures, statutes, ordinances, or other governing regulations.
AMENDED BUDGET: The adopted budget as amended by the City Council through the course of a fiscal year.
APPROPRIATIONS: A legal authorization granted by a legislative body to make expenditures and to incur obligations for specific purposes. An appropriation is usually limited in amount and to the time when it may be expended.
ARBITRAGE: The interest rate differential that exists when proceeds from a municipal bond – which is tax-free and carries a lower yield – are invested in taxable securities with a yield that is higher. The 1986 Tax Reform Act made this practice by municipalities illegal solely as a borrowing tactic, except under certain safe-harbor conditions.
ASSESSED VALUATION: A municipality’s property tax base stated in dollars based on real estate and/or other taxable business property for the purposes of taxation, sometimes expressed as a percent of the full market value of the taxable property within a community.
AUTHORITY OR AGENCY: A state or local unit of government created to perform a single activity or a limited group of functions and authorized by the state legislature to issue bonded debt.
AUTHORIZING ORDINANCE: A law that, when enacted, allows the unit of government to sell a specific bond issue or finance a specific project.
BOND: A security whereby an issuer borrows money from an investor and agrees and promises, by written contract, to pay a fixed principal sum on a specified date (maturity date) and at a specified rate of interest.
BOND PREMIUM: The amount at which a bond or note is bought or sold above its par value or face value without including accrued interest.
BUDGET: A plan of financial operation comprised of estimated expenditures for a given period (usually a single fiscal year) and the proposed means of financing the expenditures (through revenues).
BUDGET MESSAGE: A written discussion of the budget presented by the City Manager to the City Council.
CAPITAL BUDGET: A budget which focuses on capital projects to implement the Capital Improvement Program.
CAPITAL IMPROVEMENT PROGRAM: A plan for capital improvements to be implemented each year over a number of years to meet capital needs arising from the assessment of long-term needs. It sets forth the estimated cost for each project and specifies the resources required to finance the projected expenditures. 235
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Packet Pg. 815 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD)
CITY OF BARSTOW, CALIFORNIA
GLOSSARY OF BUDGET TERMS
CAPITAL IMPROVEMENT PROJECT: The budget unit to group activities and costs necessary to implement a specific capital improvement and/or acquisition. A project can include the construction, acquisition, expansion, replacement, or rehabilitation of a physical facility or improvement. Projects often include planning and design, land acquisition, and project management costs related to such facilities and improvements.
CAPITAL PROJECTS FUNDS: Used to account for financial resources for the acquisition or construction of major capital facilities other than those financed by proprietary and trust funds.
CERTIFICATES OF PARTICIPATION (COPs): A form of lease revenue bond that permits the investor to participate in a stream of lease payments, installment payments or loan payments relating to the acquisition or construction of specific equipment, land, or facilities. COPs have become a popular financing device in California since the passage of Proposition 13. COPs are not viewed legally as “debt” because payment is tied to an annual appropriation by the government body. As a result, COPs are seen by investors as providing weaker security and often carry ratings that are a notch or two below an agency’s general obligation rating.
CONTRACTED SERVICES: Services rendered in support of the City’s operations and activities by external parties.
These may be based upon either formal contracts or ad hoc charges.
COUPON RATE: The specified annual interest rate payable to the bond or note holder as printed on the bond.
This term is still used even though there are no coupon bonds anymore.
DEBT LIMIT: The maximum statutory or constitutional amount of debt that the general obligation bond issuer can either issue or have outstanding at any time.
DEBT SERVICE FUNDS: Account for the accumulation of resources set aside to meet current and future debt service requirements (payments) on general long-term debt.
DELINQUENT TAXES: Property Taxes that have been levied but remain unpaid on and after the due date. In California, the due dates are December 10 and April 10. Special taxes and assessments are often due on these dates as well. When tax delinquencies exceed 5%, the Bond Advisor places the issue on its internal Bond Watch.
DEPARTMENT: A major organizational unit of the City with overall management responsibility for an operation or a group of related operations within a functional area.
DISCOUNT: The amount by which market value of a bond is less than par value or face value.
DIVISION: An organizational subgroup of a department.
ENCUMBRANCE: The commitment of appropriated funds to purchase goods, which have not yet been received, or services that has yet to be rendered
EXPENDITURES: Decreases in net financial resources. Expenditures include current operating expenses which require the current or future use of net current assets, debt service and capital outlays.
EXPENSES: Decreases in net total assets. Expenses represent the total cost of operations during a period regardless of the timing of related expenditures.
236
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Packet Pg. 816 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD)
CITY OF BARSTOW, CALIFORNIA
GLOSSARY OF BUDGET TERMS
FEASIBILITY STUDY: A financial study provided by the issuer of a revenue bond that estimates service needs, construction schedules, and most importantly, future project revenues and expenses used to determine the financial feasibility and creditworthiness of the project to be financed.
FISCAL AGENT: Also known as the Paying Agent, the bank, designated by the issuer, to pay interest and principal to the bondholder.
FISCAL YEAR: A 12-month period to which the annual operating budget applies and at the end of which an entity determines its financial position, the results of its operations, and adopts a budget for the coming year. The City of Barstow's fiscal year is from July 1 to June 30.
FIXED ASSETS: Equipment costing $5,000 or more, including tax, with a useful life longer than one year, and not qualifying as a capital improvement project. Includes automotive equipment, office equipment, office furniture, acquisitions, landscaping improvements, etc.
FULL FAITH AND CREDIT: The pledge of “the full faith and credit and taxing power without limitation as to rate or amount.” A phrase used primarily in conjunction with General Obligation bonds to convey the pledge of utilizing all taxing powers and resources, if necessary, to pay the bond holders.
FULL-TIME EQUIVALENT (FTE): The conversion of part-time employee hours to an equivalent of a full-time position. For example: one person working 20 hours a week for a year would be 0.5 FTE.
FUND: An independent fiscal and accounting entity with a self-balancing set of accounts, recording resources, related liabilities, obligations, reserves and equities segregated for the purpose of carrying out specific activities or attaining certain objectives in accordance with special regulations, restrictions or limitations.
FUND BALANCE: The equity (assets minus liabilities) of governmental fund and fiduciary fund types. However, for budgeting purposes, a working capital definition of current assets minus current liabilities is used for the computation.
GENERAL OBLIGATION (GO) BOND: A bond secured by a pledge of the issuer’s taxing powers (limited or unlimited). More commonly the general obligation bonds of local governments are paid from ad valorem property taxes and other general revenues. Considered the most secure of all municipal debt. Limited in California by Proposition 13 to debt authorized by a two-thirds vote in the case of local governments or a simple majority for State issuance.
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES (GAAP): Uniform minimum standards of and guidelines for financial accounting and reporting. They govern the form and content of the basic financial statements of an entity. GAAP encompasses the conventions, rules, and procedures necessary to define accepted accounting practices at a particular time. They include not only broad guidelines of general application, but also detailed practices and procedures. GAAP provides a standard by which to measure financial presentations.
GOVERNMENTAL FUNDS: Typically are used to account for tax-supported (governmental) activities. These include the General Fund, Special Revenue Funds, Capital Projects Funds, and Debt Service Funds.
HOMEOWNERS' SUBVENTION: Owner-occupied properties are eligible for an annual exemption of $7,000 of the assessed value of the property. This State exemption is reimbursed to the City through this subvention.
INTERFUND TRANSFERS: Defined as "flows of assets" (such as goods or services) without equivalent flows of assets in return and without requirement for repayment. 237
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Packet Pg. 817 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD)
CITY OF BARSTOW, CALIFORNIA
GLOSSARY OF BUDGET TERMS
INTERGOVERNMENTAL REVENUE: Revenue collected by one government and distributed (usually through some predetermined formula) to another level of government(s).
INTERNAL SERVICE FUNDS: Account for the goods or services provided by one fund and/or department to another fund and/or department on a cost reimbursement basis.
INVESTMENT GRADE: A rating issued by the three major bond rating agencies, Moody’s, Standard & Poor’s, and Fitch, rated BBB, Baa or better. Many fiduciaries, trustees, and some mutual fund managers can only invest in securities with an investment grade rating.
ISSUER: A state or local unit of government that borrows money through the sale of bonds and/or notes.
JOINT POWERS AUTHORITY (JPA): The formation of two or more public entities with common powers to consolidate their forces and resources to acquire assets and/or provide services to the public. Their bonding authority and taxing ability is the same as their powers as separate units.
LETTER OF CREDIT: A form of supplement or, in some cases, direct security for a municipal bond under which a commercial bank or private corporation guarantees payment on the bond under certain specified conditions.
LIEN: A claim on revenues, assessments or taxes made for a specific issue of bonds.
MARKS-ROOS BOND: The State Legislature enacted the Marks-Roos (named after its legislative sponsors) Local Bond Pooling Act of 1985 to facilitate the financing of local government facilities by bond bank pools funded by bond proceeds. The pool, formed under a Joint Powers Authority, can buy any type of legally issued debt instrument within or without its geographic area. The idea was to save money through economies of scale by selling one large bond issue to finance several small projects. (Several Marks-Roos issues have defaulted and are under investigation by the Securities and Exchange Commission. Prospective investors should find out what sort of loans the pooled fund will make before buying such deals.) MELLO-ROOS BOND: The Mello-Roos (named for its legislative sponsors) Community Facilities District Act of 1982 established another method where by almost every municipal subdivision of the state may form a special, separate district to finance a long list of public facilities by the sale of bonds and finance certain public services on a pay-as-you-go basis. These Community Facilities Districts are formed and bond issues authorized by a twothirds vote of the property owners in the district. Typically, the only voters in a district are one or more real estate developers who own or have an option on all of the land in the district. These land-based financings were nicknamed "dirt bonds" by the Bond Advisor years ago. Bonds are sold to finance facilities that can include school, parks, libraries, public utilities and other forms of infrastructure. The Districts may provide public services that include police and fire protection, recreation programs, area maintenance, library services, flood and storm drainage. Bonded debt service and/or the public services are paid for by special taxes levied on the real property within the district. As the developer subdivides and sells off the land the new property owner assumes the tax burden. (Tax delinquencies can lead to fines and penalties and ultimately foreclosure and sale. The ultimate security for Mello-Roos bonds is the value of the real property being taxed; consequently a provision in the law requires the appraised value of the land be three times the bonded debt. Recent foreclosure sales have cast doubts on the skills of the appraisers and underscore the risk of some of this debt when a severe real estate slump hits developers.)
MODIFIED ACCRUAL BASIS: The accrual basis of accounting where revenues are recognized when they become both "measurable" and "available" to finance expenditures of the current period. All governmental funds and agency funds are accounted for using the modified accrual basis of accounting. 238
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Packet Pg. 818 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD)
CITY OF BARSTOW, CALIFORNIA
GLOSSARY OF BUDGET TERMS
NET BUDGET: The legally adopted budget less interfund transactions. Those amounts in the budget representing transfers and interfund reimbursements are subtracted from the legally adopted budget amount.
OBJECTIVE: A simply stated, readily measurable statement of aim or expected accomplishment within the fiscal year. A good statement of objective should specify a standard of performance for a given program or stated goal.
OBJECT CODE: The classification of expenditures in terms of what is bought and paid for grouped into categories.
OFFICIAL STATEMENT (OS): A document (prospectus) circulated for an issuer prior to a bond sale with salient facts regarding the proposed financing. There are two OS, the first known as the preliminary, or “red herring” – so named because some of the type on its cover is printed in red – and it is supposed to be available to the investor before the sale. The final OS must be sent to the purchaser before delivery of the bonds.
OPERATING BUDGET: A budget which focuses on everyday operating activities and programs. Usually includes personnel, maintenance and operations and capital equipment.
OVERLAPPING DEBT: The proportionate share of the general obligation bonds of local governments located wholly or in part within the limits of the reporting unit of government, which must be borne by property owners within the unit.
PAR VALUE: The face value or principal amount of a bond, usually $5,000, due to the holder at maturity. It has no relation to the market value.
PERSONNEL EXPENSES: Compensation paid to or on behalf of City employees for salaries and wages, overtime and benefits.
PREMIUM: The amount, if any, by which the price exceeds the principal amount (par value) of a bond. Its current yield will be less than its coupon rate.
PRINCIPAL: The face value of a bond, exclusive of interest.
PROFESSIONAL SERVICES: Includes the cost of outside professional and specialized services purchased by the City, such as consultants for special studies, outside attorneys, architectural and engineering, etc.
PROGRAM BUDGET: A budget organized by a grouping of related activities, projects and services which are similar in purpose. The expenditure focus of a program budget is related to the nature of work and services performed.
PROPERTY TAX: A tax levied on real estate and personal property. The basic rate in San Bernardino County is 1% of assessed value, of which City of Barstow receives approximately 12 cents for every dollar collected.
PROPERTY TRANSFER TAX: An assessment on real property transfers at the current rate of $.55 per $500 in market value, and is collected at the time of the transfer with the County receiving half the collected amount.
Also known as the Documentary Transfer Tax.
PROPOSED BUDGET: The budget as formulated and proposed by the City Manager. It is submitted to the City Council for review and approval.
239
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Packet Pg. 819 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD)
CITY OF BARSTOW, CALIFORNIA
GLOSSARY OF BUDGET TERMS
RATINGS: Various alphabetical and numerical designations used by institutional investors, underwriters, and commercial rating companies to indicate bond and note creditworthiness. Standard & Poor’s and Fitch Investors Service Inc. use the same system, starting with their highest rating of AAA, AA, A, BBB, BB, B, CCC, CC, C, and D for default. Moody’s Investors Services uses Aaa, Aa, A, Baa, Ba, B, Caa, Ca, C, and D. Each of the services use + or – or +1 to indicate half steps in between. The top four grades are considered Investment Grade Ratings.
REFUNDING BOND: The issuance of a new bond for the purpose of retiring an already outstanding bond issue.
RETAINED EARNINGS: An equity account reflecting the accumulated earnings of Proprietary Fund types. For budgeting purposes, the working capital definition of fund balance is used.
REVENUE: Moneys that the City receives as income such as tax payments, fees from specific services, receipts from other governments, fines, forfeitures, grants, shared revenues and interest income.
REVENUE BOND: A municipal bond whose debt service is payable solely from the revenues received from operating the facilities acquired or constructed with the proceeds of the bonds.
SELF-INSURANCE: The retention of liabilities, arising out of the ownership of property or from some other cause, instead of transferring that risk to an independent third party through the purchase of an insurance policy. The City currently participates in the Public Entity Risk Management Authority (PERMA). The Authority is comprised of thirty-one (31) participating member agencies. The City reinsures with the Authority and/or self-insures varying levels of coverage depending upon the insurance program.
SPECIAL REVENUE FUNDS: Account for the revenue derived from specific taxes or other earmarked revenue sources (other than expendable trusts or for major capital projects) that are restricted by law or administrative action to expenditures for specified purposes.
SUPPLEMENTAL ROLL PROPERTY TAXES: Assessed on property that changes ownership during the year and is based on the difference between the new and old assessed values.
TAX BASE: The total resource of the community that is legally available for taxation.
TAXES: Compulsory charges levied by a government for the purpose of financing services performed for the common benefit. This term does not include specific charges made against particular persons or property for current or permanent benefits such as special assessments. Neither does the term include charges for services rendered only to those paying such charges as, for example, user charges.
TRUSTEE: A bank designated as the custodian of funds and official representative of bondholders. Appointed to ensure compliance with trust indenture.
UNDERWRITER: A financial institution (investment or commercial bank), which purchases a new issue of municipal securities for resale; may acquire the bonds either by negotiated sale or based on competitive bidding.
USER CHARGES: Payments made by users or customers of publicly provided services that benefit specific individuals. These services exhibit "public good" characteristics. Examples of user charges are fees paid for recreational activities, building fees, police fees, etc. 240
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Packet Pg. 820 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD)
CITY OF BARSTOW, CALIFORNIA
ACRONYMS
AB .............................. Assembly Bill
AC .............................. Air Conditioning
ACFR .......................... Annual Comprehensive Financial Report ADA............................ Americans with Disabilities Act ADT............................ Average Daily Traffic
APA............................ American Planning Association ARPA………………………..American Rescue Plan Act
A/V............................. Audio/Video
AVL ............................ Automatic Vehicle Location BAN............................ Bank Anticipation Note
BMP ........................... Best Management Practices CAL OSHA .................. California Occupational Safety and Health Administration CalPERS...................... California Public Employees Retirement System CalTrans..................... California Department of Transportation CARES……………………….Coronavirus Aid, Recovery, and Economic Security (CARES) Act CD.............................. Community Design
CDBG ......................... Community Development Block Grant CEQA.......................... California Environmental Quality Act CIP ............................. Capital Improvement Program CNG ........................... Compressed Natural Gas
CO.............................. Carbon Monoxide
COP............................ Certificates of Participation COPS.......................... Citizen's Option for Public Safety CPI ............................. Consumer Price Index
CSMFO....................... California Society of Municipal Finance Officers CUP............................ Conditional Use Permit
DOJ ............................ Department of Justice
DUI............................. Driving under the Influence EAP ............................ Employee Assistance Program EDD............................ Employment Development Department EIR.............................. Environmental Impact Report EOC............................ Emergency Operations Center ERAF .......................... Educational Revenue Augmentation Fund FEMA ......................... Federal Emergency Management Agency FHWA ........................ Federal Highway Administration FTE............................. Full-Time Equivalent
FY............................... Fiscal Year
GAAP ......................... Generally Accepted Accounting Practices GASB.......................... Governmental Accounting Standards Board GFOA ......................... Government Finance Officers' Association GIS ............................. Geographic Information System GO ............................. General Obligation
HUD........................... Housing and Urban Development HVAC ......................... Heating, Ventilation, Air Conditioning 241
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Packet Pg. 821 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD)
CITY OF BARSTOW, CALIFORNIA
ACRONYMS
IPEMA........................ International Playground Equipment Association IT................................ Information Technology JPA............................. Joint Powers Authority JUA............................. Joint Use Agreement
LOS............................. Level of Service
LTD............................. Long-term Disability
M&O.......................... Maintenance & Operation
MOU.......................... Memorandum of Understanding NACSLB...................... National Advisory Council on State and Local Budgeting NEC............................ National Electric Code
NPDES........................ National Pollutant Discharge Elimination System NPI ............................. National Purchasing Institute OPEB.......................... Other Post Employment Benefits OS .............................. Official Statement
OTS ............................ Office of Traffic Safety PC .............................. Personal Computer, Penal Code PERS........................... Public Employees Retirement System PPE............................. Personal Protective Equipment PUC ............................ Public Utility Commission RAN............................ Revenue Anticipation Note RDA............................ Redevelopment Agency
RMS ........................... Records Management System ROR............................ Rate of Return
ROW .......................... Right-of-Way
SB............................... Senate Bill
SBOE .......................... State Board of Equalization SEC............................. Security and Exchange Commission SED ............................ Special Enforcement Detail SEMS.......................... Standardized Emergency Management Systems SLESF.......................... Supplemental Law Enforcement Services Fund SUV............................ Sports Utility Vehicle
SWAT ......................... Special Weapons and Tactics (Team) TAN............................ Tax Anticipation Note
TEA ............................ Transportation Enhancement Activities TMC ........................... Turning Movement Count
TOT ............................ Transient Occupancy Tax TPA ............................ Third Party Administrator TRAN.......................... Tax and Revenue Anticipation Note UBC ............................ Uniform Building Code
UMC ........................... Uniform Mechanical Code UPC ............................ Uniform Plumbing Code
UPS ............................ Uninterrupted Power System UST ............................ Underground Storage Tank VLF............................. Vehicle License Fee
242
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Packet Pg. 822 Attachment: Fiscal Year 2022-23 Proposed Budget (5059 : FY 2022-2023 Budget Approval for City and BFPD) RESOLUTION NO. ______-2022
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW AND
BARSTOW FIRE PROTECTION DISTRICT BOARD ADOPTING THE ANNUAL
OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR EACH AGENCY FOR FISCAL YEAR 2022-23
WHEREAS, the City Council of the City of Barstow and Barstow Fire Protection District Board has reviewed the Proposed Annual Operating and Capital Improvement Budgets for each agency as prepared and submitted by the City Manager of the City of Barstow for Fiscal Year 2022-23; and
A. The annual operating and capital improvement budget for the City of Barstow and the preliminary Barstow Fire Protection District Board for Fiscal Year 2022-23, as prepared and submitted by the City Manager/Board Manager respectively, as modified, is hereby approved and adopted. The operating and capital improvement budget amounts are hereby authorized for the fiscal year within departments by fund, as listed within Attachment 1 for each respective agency.
B. From the effective date of said adoption of the budget, the total amount as stated therein for each department shall be appropriated subject to expenditure pursuant to all applicable ordinances of the City or Board and statues of the State. The operating budget may be reallocated by the City Manager/Board Manager providing there is no change in the total appropriation within any fund as authorized by the City Council and the Barstow Fire Protection District Board.
C. At the close of the fiscal year, unexpended appropriations in the operating budgets will be unencumbered as necessary to underwrite the expense of outstanding purchase commitments. Unexpended appropriations for authorized, but uncompleted projects in the capital budget as approved by the City Council and Barstow Fire Protection District Board may be carried forward to the next succeeding budget year upon approval by the City Manager/ Board Manager.
D. Total appropriations within each fund will be increased only by amendment of the budget by motion of the City Council and/or Barstow Fire Protection District Board.
E. The City Manager/Board Manager may reduce appropriations within funds as a method of fiscal control, and the Director of Finance may decrease revenue estimates to reflect economic change within the fiscal period.
F. The Director of Finance is hereby authorized to transfer monies in accordance with the interfund transfers listed in said budgets, and to transfer monies to cover operational expenditures of the City through transfers of funds in such amounts, and at such times during the fiscal year as may be determined necessary to the competent operation and control of City business, or to provide adequate cash flow, except that no such transfer shall be made in contravention of State law or City ordinances.
G. Adjustments made by the City Council and Barstow Fire Protection District Board during the budget hearing and documented in the minutes for this action will be incorporated with the final printed adopted budget documents respectively.
14.b
Packet Pg. 823 Attachment: 2 - Joint Budget Adoption Resolution for City and BFPD (5059 : FY 2022-2023 Budget Approval for City and BFPD) The City Manager/Board Manager is hereby authorized to approve any corrections in the budget document that are clerical in nature.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Barstow and Barstow Fire Protection District Board does hereby adopt the Annual Operating and Capital Improvement Budgets for Fiscal Year 2022-23 as presented herewith.
PASSED, APPROVED AND ADOPTED THIS 20th DAY OF JUNE, 2022. _____________________________
Paul Anthony Courtney, Dr.,B.A.
Mayor/Chair, Board of Directors
ATTEST:
______________________________
Andrea Flores
City Clerk/Board Secretary
I, Andrea Flores, City Clerk of the City of Barstow, Clerk of the Board of the Barstow Fire Protection District, and ex-officio Clerk of said agencies, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Joint Resolution No. _____-2022 of said City and District which was adopted at a regular meeting of said Council and Board held on the 20th day of JUNE, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Andrea Flores
City Clerk/Board Secretary
14.b
Packet Pg. 824 Attachment: 2 - Joint Budget Adoption Resolution for City and BFPD (5059 : FY 2022-2023 Budget Approval for City and BFPD) Joint Special Council/BFPD
06/20/22 07:00 PM
Finance
Heidy Riley
Resolution
Doc ID: 5054
COUNCIL RESOLUTION
AGENDA MATTER:
APPROVAL OF ANNUAL 2022/2023 APPROPRIATIONS LIMIT
EXECUTIVE SUMMARY:
As per Section 7910 of the Government Code, each year the City of Barstow is required to adopt a resolution to establish its appropriation limit for the fiscal year. Pursuant to Article XIII B, such adoption must occur at a regularly scheduled meeting and the required documentation used to determine the appropriations is presented for review by the City Council and the public.
DISCUSSION:
In November 1979, the voters of California approved Proposition 4, commonly known as the Gann Initiative. The proposition created Article XIIIB of the State Constitution placing limits on the amount of revenue which can be spent by all entities of government. Proposition 4 became effective for the 1980-81 fiscal year, but the formula for calculating the limits was based on the 1978-79 "base year" revenues.
The City of Barstow is required to annually calculate its appropriations limit. The calculation must be approved by the City Council. For FY 2022/2023, the Appropriations Limit (also known as the Gann Limit) is $51,371,726. The City of Barstow is $25,228,726 under its limit for this period.
FISCAL IMPACT:
None.
RECOMMENDED ACTION:
Staff recommends that the City Council take the following actions:
1. Approve the annual 2022/2023 appropriations limit, which is calculated using the change in County population and the change in Non-Residential Assessed Valuation, which are determined by the State of California, Department of Finance, and the San Bernardino County Assessor 2021/2022 secured tax roll, respectively.
2. Adopt Resolution No. ______-2022, establishing the appropriations limit for FY 2022/2023, by title only and waive the reading.
15 Packet Pg. 825
RESOLUTION NO._____-2022
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW,
CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022-2023 IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE I OF THE CALIFORNIA GOVERNMENT CODE.
WHEREAS, Article XIII B of the Constitution of the State of California as proposed by the Initiative Measure approved by the people at the special statewide election held on November 6, 1979, provides that the total annual appropriations limit of such entity for the prior year be adjusted for changes in the cost of living and population except as otherwise specifically provided for in said Articles; and WHEREAS, the State Legislature added Division 9 (commencing with Section 7900) to Title I of the Government Code of the State of California to implement Article XIII B of the California Constitution; and
WHEREAS, Section 7910 of the Government Code provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit for the following fiscal year pursuant to Article XIII B at a regularly scheduled meeting or a noticed special meeting and that fifteen days prior to such meeting, documentation used in the determination of the appropriations limit shall be available to the public; and
WHEREAS, Section 7902(a) of the Government Code sets forth the method for determining the appropriations limit for each local jurisdiction; and WHEREAS, the City Council of the City of Barstow wishes to establish the appropriations limit for Fiscal Year 2022-2023 for the City of Barstow, California; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Barstow, California, as follows:
Section 1: That it is hereby found and determined that the documentation used in the determination of the appropriations limit for the City of Barstow for Fiscal Year 2022-2023 was available to the public in the Finance Department of said City at least fifteen days prior to this date.
Section 2: That the appropriations limit for the City of Barstow was established in accordance with Section 7902(a) of the California Government Code is $51,371,726.
15.a
Packet Pg. 826 Attachment: City GANN FY 23 CC Agenda 6-20-22 (5054 : FY 23 City Appropriations/Gann Limit) PASSED AND ADOPTED RESOLUTION ON THIS 20th DAY OF JUNE, 2022. ____________________________
Paul Anthony Courtney, Dr. B.A.
Mayor
ATTEST:
____________________________
Andrea Flores
City Clerk
I, Andrea Flores, City Clerk of the City of Barstow and Ex-Officio Clerk of the Council, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of Resolution No. _____-2022 adopted by said Council at a regular meeting held on the 20th day of June, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Andrea Flores
City Clerk
15.a
Packet Pg. 827 Attachment: City GANN FY 23 CC Agenda 6-20-22 (5054 : FY 23 City Appropriations/Gann Limit)
CITY OF BARSTOW
APPROPRIATIONS LIMIT CALCULATION
FISCAL YEAR 2022/23
FY 2021-22 Appropriations Limit $ 45,333,957
Change in County Population* = .14% OR 0.14%
Change in City Population * = -0.56%
Change in Non-Residential Assessed Valuation** =13.16% OR 13.16% Change in Per Capita Income* = 7.55%
Cumulative Compound Change Factor
(1.0014x1.1316) 1.1332
FY 2022-23 Appropriations Limit $ 51,371,726
SUMMARY
FY 2022-23 Net Proceeds of Taxes Subject to the Limit*** 26,143,000 Less: FY 2022-23 Appropriation Limit $ (51,371,726)
Budget Appropriation Over (Under) the Limit $ (25,228,726) *Number provided from Department of Finance.
**Number provided from HDL.
***The appropriations subject to limitation includes proceeds of taxes from General Fund, and Special Revenue Funds.
For the City of Barstow, the taxes proceeds include: Property Taxes, Sales Taxes, Measure Q, TOT and Business Licenses.
15.a
Packet Pg. 828 Attachment: City GANN FY 23 CC Agenda 6-20-22 (5054 : FY 23 City Appropriations/Gann Limit)
CITY OF BARSTOW
APPROPRIATIONS LIMIT CALCULATION
Each city may choose:
The % change in California Per Capita Personal Income
or: The % change in local assessment roll due to the addition of local nonresidential new construction and:
or: The population growth of the city
The population growth of the county
Growth in
nonresidential
assessed Growth in
valuation due California Population Population
to new Ratio Personal Ratio growth of Ratio growth of Ratio Appropriation Date: construction* to use OR Income** to use AND City** to use OR County** to use Limit 29,794,043
16-17 5.11 1.051100 5.37 1.053700 0.73 1.007300 0.93 1.009300 31,685,947 17-18 1.96 1.019600 3.69 1.036900 0.52 1.005200 1.16 1.011600 33,236,278 18-19 4.33 1.043300 3.67 1.036700 0.49 1.004900 0.95 1.009500 35,004,826 19-20 5.83 1.058300 3.85 1.038500 0.20 1.002000 0.90 1.009000 37,379,017 20-21 2.05 1.020500 3.73 1.037300 0.13 1.001300 0.51 1.005100 38,970,998 21-22 16.13 1.161300 5.73 1.057300 (0.24) 0.997600 0.17 1.001700 45,333,957 22-23 13.16 1.131600 7.55 1.075500 (0.56) 0.994400 0.14 1.001400 51,371,726 *Report from HDL.
** Report from Department of Finance.
Note: The adopted Appropriation Limit for FY 2022-23 is $51,371,726 City may choose a percentage increased in County or City population growth. For 2022-23, the County population growth was higher.
Additionally, the growth in nonresidential assessed value was used as it was higher than the growth in California Personal Income.
15.a
Packet Pg. 829 Attachment: City GANN FY 23 CC Agenda 6-20-22 (5054 : FY 23 City Appropriations/Gann Limit) : http://leginfo.legislature.ca.gov/faces/codes.xhtml.
May 2022
Dear Fiscal Officer:
Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2022, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2022-23. Attachment A provides the change in California’s per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2022-23 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.
Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit.
Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website
Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.
Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2022.
Please Note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.
If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.
KEELY MARTIN BOSLER
Director
By:
ERIKA LI
Chief Deputy Director
Attachment
15.a
Packet Pg. 830 Attachment: City GANN FY 23 CC Agenda 6-20-22 (5054 : FY 23 City Appropriations/Gann Limit)
May 2022
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2022-23 appropriation limit is:
Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2022-23 7.55
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2022-23 appropriation limit.
2022-23:
Per Capita Cost of Living Change = 7.55 percent
Population Change = -0.30 percent
Per Capita Cost of Living converted to a ratio: 7.55 + 100 = 1.0755 100
Population converted to a ratio: -0.30 + 100 = 0.997
100
Calculation of factor for FY 2022-23: 1.0755 x 0.997 = 1.0723
15.a
Packet Pg. 831 Attachment: City GANN FY 23 CC Agenda 6-20-22 (5054 : FY 23 City Appropriations/Gann Limit)
Fiscal Year 2022-23
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2021 to January 1, 2022 and Total Population, January 1, 2022 Total
County Percent Change --- Population Minus Exclusions --- Population City 2021-2022 1-1-21 1-1-22 1-1-2022
San Bernardino
Adelanto -0.58 36,569 36,357 36,357
Apple Valley -0.70 76,160 75,628 75,628
Barstow -0.56 24,996 24,855 25,202
Big Bear Lake -0.26 5,054 5,041 5,041
Chino 1.75 86,713 88,228 91,998
Chino Hills -0.60 78,437 77,964 77,964
Colton -0.44 53,853 53,617 53,617
Fontana 1.39 209,889 212,809 212,809
Grand Terrace -0.68 13,131 13,042 13,042
Hesperia 0.10 100,225 100,324 100,324
Highland -0.65 56,915 56,546 56,546
Loma Linda 0.18 25,269 25,314 25,349
Montclair -0.54 38,052 37,846 37,846
Needles -0.79 4,915 4,876 4,876
Ontario 1.60 176,689 179,516 179,516
Rancho Cucamonga 0.00 174,484 174,476 174,476
Redlands -0.48 72,933 72,585 72,585
Rialto -0.09 104,050 103,954 103,954
San Bernardino -0.55 220,768 219,544 220,840
Twentynine Palms -0.77 15,895 15,772 27,685
Upland 0.31 78,891 79,139 79,139
Victorville 0.82 131,522 132,597 136,561
Yucaipa -0.61 54,830 54,494 54,494
Yucca Valley -0.15 21,846 21,813 21,813
Unincorporated -0.46 292,872 291,532 300,003
County Total 0.14 2,154,958 2,157,869 2,187,665
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.
15.a
Packet Pg. 832 Attachment: City GANN FY 23 CC Agenda 6-20-22 (5054 : FY 23 City Appropriations/Gann Limit)
NONRESIDENTIAL NEW CONSTRUCTION
THE CITY OF BARSTOW
2020/21 TO 2021/22 TAX YEARS - IN PARCEL NUMBER ORDER
Current Year
Improvements
Prior Year
Parcel Use Category Owner Improvements
Percent
Change
0181-122-13-0000 Commercial Shankar Trust 4 4 2000 1,168,009 1,330,145 + 13.9% 0183-021-10-0000 Industrial Golden State Water Company 0 51,942 + 99,999.9% 0183-161-32-0000 Commercial Fugate J Larry Revocable Trust 3-25-10 631,100 775,719 + 22.9% 0183-321-16-0000 Commercial Theme Family Lp 653,600 666,700 + 2.0% 0183-371-54-0000 Institutional Free Methodist Church So Cal Management Gr 897,600 1,064,216 + 18.6% 0421-313-17-0000 Commercial Ett- California Llc 0 2,626,936 + 99,999.9% 0421-313-35-Z000 Miscellaneous Sbc Tower Holdings Llc 209,943 216,361 + 3.1% 0421-313-57-0000 Industrial American Quartz Group Inc 2,400,367 2,925,234 + 21.9% 0421-313-66-0000 Commercial Roberts Group Ii Llc 0 8,730,000 + 99,999.9% 0424-121-53-0000 Commercial Cnmsb Llc 0 404,144 + 99,999.9% 0427-011-37-0000 Industrial Golden State Water Company 0 1,864,997 + 99,999.9% 0427-042-65-0000 Industrial Hossein And Mahsa Family Living Trust 3 6 4,800 5,277 + 9.9% 0427-042-66-0000 Commercial Hossein And Mahsa Family Living Trust 3 6 97,000 106,062 + 9.3% 0428-211-50-0000 Commercial Blue Beacon International 'L Inc 2,084,900 2,126,600 + 2.0% 14 Parcels Listed 8,147,319 22,894,333 + 181.0%
This calculation reflects the 2021/22 increase in taxable values for this city due to non-residential new construction as a percentage of the total taxable value Increase (as of the 2021/22 lien year roll date). This percentage may be used as an alternative to the change in California per-capita personal income for calculating a taxing agency's annual adjustment of its Appropriation Limit pursuant to Article XIIIB of the State Constitution as Amended by Proposition 111 in June, 1990.
14,747,014
-84,406
14,662,608
111,410,166
13.16%
Total Change in Non-Residential Valuation Due to New Development Less Automatic 1.036% Assessors's Inflation Adjustment
Actual Change in Non-Residential Valuation
Change in Total Assessed Value
= Alternate 2022/23 Appropriations Limit Factor
Includes taxable primary parcels with known nonresidential use codes, no prior lien year transfers, and improvement value increases greater than 1.0% Change in Total Assessed Value is the assessed value change of the locally assessed secured and unsecured tax rolls .
This report is not to be used in support of debt issuance or continuing disclosure statements without the written consent of HdL, Coren & Cone Data Source: San Bernardino County Assessor 2021/22 Secured Tax Rolls Prepared On 3/11/2022 By MV
15.a
Packet Pg. 833 Attachment: City GANN FY 23 CC Agenda 6-20-22 (5054 : FY 23 City Appropriations/Gann Limit) Joint Special Council/BFPD
06/20/22 07:00:PM
Finance
Heidy Riley
Resolution
Doc ID: 5057
FIRE RESOLUTION
AGENDA MATTER:
APPROVAL OF BARSTOW FIRE DISTRICT APPROPRIATIONS LIMIT FOR FY 2022/2023 EXECUTIVE SUMMARY:
As per Section 7910 of the Government Code, each year the Barstow Fire Protection District is required to adopt a resolution to establish its appropriation limit for the fiscal year. Pursuant to Article XIII B, such adoption must occur at a regularly scheduled meeting and the required documentation used to determine the appropriations is presented for review by the Fire Board and the public.
DISCUSSION:
In November 1979, the voters of California approved Proposition 4, commonly known as the Gann Initiative. The proposition created Article XIIIB of the State Constitution placing limits on the amount of revenue which can be spent by all entities of government. Proposition 4 became effective for the 1980-81 fiscal year, but the formula for calculating the limits was based on the 1978-79 “base year” revenues.
Annually, the Barstow Fire Protection District is required to calculate their appropriations limit. The calculation must be approved by the Board. For FY 2022/2023, the Appropriations Limit is $8,696,184.
The Barstow Fire Protection District is $3,731,234 under its limit for this period.
FISCAL IMPACT:
None.
RECOMMENDED ACTION:
Staff recommends that the Barstow Fire Protection District’s Board take the following actions:
1. Approve the annual 2022/2023 appropriations limit, which is calculated using the change in the population growth in the County and the change in the Non-Residential Assessed Valuation, which are determined by the State of California, Department of Finance, and the San Bernardino County Assessor 2021/2022 secured tax rolls, respectively.
2. Adopt BFPD Resolution No. _____-22, establishing the appropriations limit for Fiscal Year 2022/2023, by title only and waive the reading.
16 Packet Pg. 834
RESOLUTION NO. ______-22
RESOLUTION OF THE BOARD OF DIRECTORS OF THE BARSTOW FIRE
PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022/2023 IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE I OF THE CALIFORNIA GOVERNMENT CODE.
WHEREAS, Article XIII B of the Constitution of the State of California as proposed by the Initiative Measure approved by the people at the special statewide election held on November 6, 1979, provides that the total annual appropriations limit of such entity for the prior year be adjusted for changes in the cost of living and population except as otherwise specifically provided for in said Articles; and
WHEREAS, the State Legislature added Division 9 (commencing with Section 7900) to Title I of the Government Code of the State of California to implement Article XIII B of the California Constitution; and
WHEREAS, Section 7910 of the Government Code provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit for the following fiscal year pursuant to Article XIII B at a regularly scheduled meeting or a noticed special meeting and that fifteen days prior to such meeting, documentation used in the determination of the appropriations limit shall be available to the public; and WHEREAS, Section 7902(a) of the Government Code sets forth the method for determining the appropriations limit for each local jurisdiction; and WHEREAS, the Board of Directors of the Barstow Fire Protection District wishes to establish the appropriations limit for Fiscal Year 2022/2023; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Barstow Fire Protection District, County of San Bernardino, California, as follows:
Section 1: That it is hereby found and determined that the documentation used in the determination of the appropriations limit for the Barstow Fire Protection District for Fiscal Year 2022/2023 was available to the public in the Barstow Fire District office, City Clerk’s office and Finance Department of said City at least fifteen days prior to this date.
Section 2: That the appropriations limit for the Barstow Fire Protection District was established in accordance with Section 7902(a) of the California Government Code is $8,696,184. The District is $3,731,234 under the limit.
16.a
Packet Pg. 835 Attachment: FY 23 Fire GANN Limit 6-20-22 (5057 : FY 23 Fire District Appropriations/Gann Limit) PASSED AND ADOPTED RESOLUTION ON THIS 20
th DAY OF JUNE, 2022.
____________________________
Paul Anthony Courtney, Dr. B.A.
Chairman
ATTEST:
I, Andrea Flores, Secretary of the Barstow Fire Protection District and Clerk of the Board of Directors of said District, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of Resolution No. ______-22 adopted by said District at a regular meeting held on the 20
th day of June, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Andrea Flores
Secretary
16.a
Packet Pg. 836 Attachment: FY 23 Fire GANN Limit 6-20-22 (5057 : FY 23 Fire District Appropriations/Gann Limit)
BARSTOW FIRE PROTECTION DISTRICT
APPROPRIATIONS LIMIT CALCULATION
FISCAL YEAR 2022/2023
FY 2021/2022 Appropriations Limit $ 7,834,034
Change in County Population* = .17% OR 0.14%
Change in City and Unincorporated County Population growth* = -.56% and -.46% Change in Non-Residential Assessed Valuation** =10.85% OR 10.85% Change in Per Capita Income* = 7.55%
Cumulative Compound Change Factor
(1.0014X 1.1085) 1.1100519
FY 2022/2023 Appropriations Limit $ 8,696,184
SUMMARY
FY 2022/2023 Total Proceeds of All Funds Subject to Limit $ 6,575,950 Less: Non -Tax Proceeds 1,611,000
FY 2022/2023 Net Proceeds of Taxes Subject to the Limit 4,964,950 Less: FY 2022/2023 Appropriation Limit $ (8,696,184)
Budget Appropriation Over (Under) the Limit $ (3,731,234) *Number provided from Department of Finance.
**Number provided from HDL.
16.a
Packet Pg. 837 Attachment: FY 23 Fire GANN Limit 6-20-22 (5057 : FY 23 Fire District Appropriations/Gann Limit)
BARSTOW FIRE PROTECTION DISTRICT
APPROPRIATIONS LIMIT CALCULATION
Each city may choose:
The % change in California Per Capita Personal Income
or: The % change in local assessment roll due to the addition of local nonresidential new construction and:
or: The population growth of the city
The population growth of the county
Growth in Growth in
nonresidential California
assessed Personal
valuation due Income Population Growth** Population growth of County** to new Ratio COB & Un- Ratio COB Uninc Co. Ratio Ratio Appropriation Date: construction* to use OR incorporated to use AND 77% 23% cob unic to use OR Unincorporated to use Limit 5,385,422
16-17 3.60 1.036000 5.370 1.0537 0.73 0.68 1.007300 1.006800 1.0072 0.93 1.009300 5,715,391 17-18 0.69 1.006900 3.690 1.0369 0.52 0.62 1.005200 1.006200 1.0054 1.16 1.011600 5,995,034 18-19 0.86 1.008600 3.670 1.0367 0.49 1.14 1.004900 1.011400 1.0064 0.95 1.009500 6,274,095 19-20 5.14 1.051400 3.850 1.0385 0.20 0.53 1.002000 1.005300 1.0028 0.90 1.009000 6,655,953 20-21 2.22 1.022200 3.730 1.0373 0.13 0.32 1.001300 1.003200 1.0017 0.51 1.005100 6,939,431 21-22 12.7 1.127 5.73 1.0573 -0.24 -0.2 0.9976 0.998 0.997692 0.17 1.0017 7,834,034 22-23 10.85 1.1085 7.55 1.0755 -0.56 -0.46 0.9944 0.9954 0.99463 0.14 1.0014 8,696,184 *Report from HDL.
** Report from Department of Finance.
Note: The Appropriation Limit for FY 2022/2023 is $8,696,184 The Fire District may choose a percentage increased in County or City population growth & Growth in nonresidential assessed value or CA Personal Income.
For 2022/2023, the Growth in nonresidential assessed valuation and County population growth provided a greater percentage for the calculation.
16.a
Packet Pg. 838 Attachment: FY 23 Fire GANN Limit 6-20-22 (5057 : FY 23 Fire District Appropriations/Gann Limit) : http://leginfo.legislature.ca.gov/faces/codes.xhtml.
May 2022
Dear Fiscal Officer:
Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2022, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2022-23. Attachment A provides the change in California’s per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2022-23 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.
Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit.
Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website
Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.
Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2022.
Please Note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.
If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.
KEELY MARTIN BOSLER
Director
By:
ERIKA LI
Chief Deputy Director
Attachment
16.a
Packet Pg. 839 Attachment: FY 23 Fire GANN Limit 6-20-22 (5057 : FY 23 Fire District Appropriations/Gann Limit)
May 2022
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2022-23 appropriation limit is:
Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2022-23 7.55
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2022-23 appropriation limit.
2022-23:
Per Capita Cost of Living Change = 7.55 percent
Population Change = -0.30 percent
Per Capita Cost of Living converted to a ratio: 7.55 + 100 = 1.0755 100
Population converted to a ratio: -0.30 + 100 = 0.997
100
Calculation of factor for FY 2022-23: 1.0755 x 0.997 = 1.0723
16.a
Packet Pg. 840 Attachment: FY 23 Fire GANN Limit 6-20-22 (5057 : FY 23 Fire District Appropriations/Gann Limit)
Fiscal Year 2022-23
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2021 to January 1, 2022 and Total Population, January 1, 2022 Total
County Percent Change --- Population Minus Exclusions --- Population City 2021-2022 1-1-21 1-1-22 1-1-2022
San Bernardino
Adelanto -0.58 36,569 36,357 36,357
Apple Valley -0.70 76,160 75,628 75,628
Barstow -0.56 24,996 24,855 25,202
Big Bear Lake -0.26 5,054 5,041 5,041
Chino 1.75 86,713 88,228 91,998
Chino Hills -0.60 78,437 77,964 77,964
Colton -0.44 53,853 53,617 53,617
Fontana 1.39 209,889 212,809 212,809
Grand Terrace -0.68 13,131 13,042 13,042
Hesperia 0.10 100,225 100,324 100,324
Highland -0.65 56,915 56,546 56,546
Loma Linda 0.18 25,269 25,314 25,349
Montclair -0.54 38,052 37,846 37,846
Needles -0.79 4,915 4,876 4,876
Ontario 1.60 176,689 179,516 179,516
Rancho Cucamonga 0.00 174,484 174,476 174,476
Redlands -0.48 72,933 72,585 72,585
Rialto -0.09 104,050 103,954 103,954
San Bernardino -0.55 220,768 219,544 220,840
Twentynine Palms -0.77 15,895 15,772 27,685
Upland 0.31 78,891 79,139 79,139
Victorville 0.82 131,522 132,597 136,561
Yucaipa -0.61 54,830 54,494 54,494
Yucca Valley -0.15 21,846 21,813 21,813
Unincorporated -0.46 292,872 291,532 300,003
County Total 0.14 2,154,958 2,157,869 2,187,665
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.
16.a
Packet Pg. 841 Attachment: FY 23 Fire GANN Limit 6-20-22 (5057 : FY 23 Fire District Appropriations/Gann Limit)
NONRESIDENTIAL NEW CONSTRUCTION
BARSTOW FIRE PROTECTION
2020/21 TO 2021/22 TAX YEARS - IN PARCEL NUMBER ORDER
Current Year
Improvements
Prior Year
Parcel Use Category Owner Improvements
Percent
Change
0181-122-13-0000 Commercial Shankar Trust 4 4 2000 1,168,009 1,330,145 + 13.9% 0183-021-10-0000 Industrial Golden State Water Company 0 51,942 + 99,999.9% 0183-161-32-0000 Commercial Fugate J Larry Revocable Trust 3-25-10 631,100 775,719 + 22.9% 0183-321-16-0000 Commercial Theme Family Lp 653,600 666,700 + 2.0% 0183-371-54-0000 Institutional Free Methodist Church So Cal Management Gr 897,600 1,064,216 + 18.6% 0421-313-17-0000 Commercial Ett- California Llc 0 2,626,936 + 99,999.9% 0421-313-35-Z000 Miscellaneous Sbc Tower Holdings Llc 209,943 216,361 + 3.1% 0421-313-57-0000 Industrial American Quartz Group Inc 2,400,367 2,925,234 + 21.9% 0421-313-66-0000 Commercial Roberts Group Ii Llc 0 8,730,000 + 99,999.9% 0422-101-13-0000 Industrial Canyon Terrace Apartments Llc 128,900 135,300 + 5.0% 0424-121-53-0000 Commercial Cnmsb Llc 0 404,144 + 99,999.9% 0427-011-37-0000 Industrial Golden State Water Company 0 1,864,997 + 99,999.9% 0427-042-65-0000 Industrial Hossein And Mahsa Family Living Trust 3 6 4,800 5,277 + 9.9% 0427-042-66-0000 Commercial Hossein And Mahsa Family Living Trust 3 6 97,000 106,062 + 9.3% 0428-211-50-0000 Commercial Blue Beacon International 'L Inc 2,084,900 2,126,600 + 2.0% 15 Parcels Listed 8,276,219 23,029,633 + 178.3%
This calculation reflects the 2021/22 increase in taxable values for this city due to non-residential new construction as a percentage of the total taxable value Increase (as of the 2021/22 lien year roll date). This percentage may be used as an alternative to the change in California per-capita personal income for calculating a taxing agency's annual adjustment of its Appropriation Limit pursuant to Article XIIIB of the State Constitution as Amended by Proposition 111 in June, 1990.
14,753,414
-85,742
14,667,672
135,149,544
10.85%
Total Change in Non-Residential Valuation Due to New Development Less Automatic 1.036% Assessors's Inflation Adjustment
Actual Change in Non-Residential Valuation
Change in Total Assessed Value
= Alternate 2022/23 Appropriations Limit Factor
Includes taxable primary parcels with known nonresidential use codes, no prior lien year transfers, and improvement value increases greater than 1.0% Change in Total Assessed Value is the assessed value change of the locally assessed secured and unsecured tax rolls .
This report is not to be used in support of debt issuance or continuing disclosure statements without the written consent of HdL, Coren & Cone Data Source: San Bernardino County Assessor 2021/22 Secured Tax Rolls Prepared On 3/15/2022 By MV
16.a
Packet Pg. 842 Attachment: FY 23 Fire GANN Limit 6-20-22 (5057 : FY 23 Fire District Appropriations/Gann Limit) Joint Special Council/BFPD
06/20/22 07:00 PM
Finance
Gianna Peña
Policy
Doc ID: 5046
AGENDA ITEM
AGENDA MATTER:
FY 2022/2023 INVESTMENT POLICY FOR THE CITY OF BARSTOW
EXECUTIVE SUMMARY:
The City Council must annually concur and adopt the City of Barstow’s Investment Policy.
Presented for Council's consideration is the FY 2022/2023 Investment Policy.
DISCUSSION:
The attached Investment Policy outlines the purposes and objectives of the City of Barstow's investment of cash not needed for current obligations. Per California Government Code Section 53646(a) et seq., the Investment Policy for the City of Barstow is presented to the Council for concurrence and adoption.
This policy must be adopted each year pursuant to Section 53607 of the Government Code. City Treasurer, Michael Lewis, has reviewed and approved the proposed Investment Policy for FY 2022/2023.
There were no changes to the policy from last fiscal year.
FISCAL IMPACT:
None.
RECOMMENDED ACTION:
Adopt the Investment Policy and Resolution No._____ -2022 of the City of Barstow for FY 2022/2023. 17 Packet Pg. 843
CITY OF BARSTOW
INVESTMENT POLICY
June 20, 2022
17.a
Packet Pg. 844 Attachment: City of Barstow Investment Policy - Cover Page FY23 (5046 : FY23 Investment Policy) 1 STATEMENT OF INVESTMENT POLICY
FY 2022-23
I. GENERAL INTRODUCTION
Under the laws of the State of California, it is the responsibility of the City Treasurer, at the direction of the City Council, to secure and protect the public funds of the City, and to establish proper safeguards, controls, and procedures to maintain these funds in a lawful, rational and auspicious manner. Said maintenance shall include the prudent and secure investment of those funds that are deemed temporarily excess, in a manner anticipated to provide additional benefit to the people of the City of Barstow.
This Statement of Investment Policy will be provided annually for the review and approval of the City Council in an open public meeting. It will be provided to securities dealers, banks, and brokers currently approved for conducting investment transactions with the City Treasurer’s office in the ongoing effort to manage the excess cash portfolio; to other affected persons or entities; and to any member of the electorate wishing to review this document upon request. The Treasurer reserves the right to provide these documents on a cost basis.
II. SCOPE
This Statement of Investment Policy pertains to those temporarily surplus funds under the control of the Treasurer, designated for the daily ongoing operations of the City; and concerns the deposit, maintenance, safekeeping, and preservation of all such funds, and the investments made with these funds. This Policy does not apply to pension trust funds, deferred compensation funds, and certain other trust or non-operating funds.
III. PURPOSE
The purpose of this Statement of Investment Policy is to provide the City Council, and those involved in servicing the investment requirements of the City, and any other interested party, a clear understanding of the regulations and internal guidelines that will be observed in maintaining and investing those pooled funds deemed temporarily excess. This statement is intended to provide guidelines for the prudent investment of the City's temporary idle cash, and outline the procedures for maximizing the efficiency of the City's cash management system. The ultimate goal is to enhance the economic status of the City while safeguarding its assets.
IV. OBJECTIVE
The City's cash management system is designed to accurately monitor and forecast revenues and expenditures, thus enabling the City to invest funds to the fullest extent possible. The City attempts to obtain the highest yield possible only after the criteria established for safety and liquidity have been met. The City of Barstow operates its pooled idle cash investments with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for
17.b
Packet Pg. 845 Attachment: City of Barstow Investment Policy FY23 (5046 : FY23 Investment Policy) 2 investment, considering the probable safety of their capital as well as the probable income to be derived.
This affords the City a broad spectrum of investment opportunities as long as the investment is deemed prudent and is allowable under current legislation of the State of California Government Code Section 53600 et seq. and the general laws of the City of Barstow. Further, the City Treasurer shall comply with all laws governing the deposit and securing of public funds and the handling of trust funds in his or her possession. In addition, if the City has issued bonds, the Treasurer shall use a system of accounting and auditing that adheres to generally accepted accounting principles.
The City of Barstow strives to maintain the level of investment of all idle funds as near 100% as possible, through daily and projected cash flow determinations. Idle cash management and investment transactions are the responsibility of the Treasurer or his/her designee.
Criteria for selecting investments and the order of priority are:
1. Safety: The safety and risk associated with an investment refers to the potential loss of principal, interest, or a combination of these amounts. The City only operates in those investments that are considered very safe.
2. Liquidity: This refers to the ability to "cash in" at any moment in time with a minimal chance of losing some portion of principal or interest.
3. Yield: Yield is the potential dollar earnings an investment can provide, and sometimes is referred to as the rate of return.
4. Safekeeping: Securities purchased shall be held in third party safekeeping in the Trust Department of a financial institution, in the City's name and control. The account established shall be protected from seizure by creditors should the financial institution holding the City's securities file for bankruptcy protection. The basic premise underlying the City's investment philosophy is and continues to be, to insure that surplus funds are always safe and available when needed.
V. DELEGATION OF INVESTMENT AUTHORITY
Authority to manage the City of Barstow's investment program is derived from City of Barstow Council Resolution No. ______-2022. Management responsibility for the investment program is hereby delegated for Fiscal Year 2022-23 to the City Treasurer or his/her designee, who shall establish written procedures for the operation of the investment program consistent with this Investment Policy. Procedures should include references to: safekeeping, repurchase agreements, wire transfer agreements, banking service contracts, and collateral/ depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the City Treasurer or his/her designee. The City Treasurer or his/her designee shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials.
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Packet Pg. 846 Attachment: City of Barstow Investment Policy FY23 (5046 : FY23 Investment Policy) 3 VI. STANDARD OF PRUDENCE
The Treasurer shall perform the investment function in conjunction with the “Prudent Man Rule.” This rule states, in principle that whenever investing property for the benefit of others, a trustee shall exercise the judgment and care, under circumstances then prevailing that persons of prudence, discretion, and intelligence, would exercise in the management of their own affairs not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probability of safety of, as well as the probable income from their capital. The Treasurer and his designees are considered to have a fiduciary, trustee, relationship with the public for the public funds and all investment decisions will be made in a manner sustaining this responsibility.
VII. AUTHORIZED INVESTMENTS
The California Government Code allows the City to invest in the following media:
Securities of the U.S. Government, or its government sponsored agencies Small Business Administration loans
Certificates of deposit, placed with commercial banks and savings and loan companies Negotiable certificates of deposit
Bankers’ acceptances
Commercial paper
Corporate notes and bonds, including medium term notes
State of California Local Agency Investment Fund
Repurchase agreements
Reverse repurchase agreements
Passbook savings account demand deposits
County Treasurer demand deposits
Asset-backed and mortgage-backed securities
Money market mutual funds
As a matter of practice, however, the City of Barstow generally limits its investments to the following vehicles:
U.S. Treasury Bills - Issued weekly with maturity dates up to one year. They are issued and traded on a discount basis with interest figured on a 360-day basis, actual number of days. They are issued in amounts of $10,000 and up, in multiples of $5,000. They are a highly liquid security.
17.b
Packet Pg. 847 Attachment: City of Barstow Investment Policy FY23 (5046 : FY23 Investment Policy) 4 U.S. Treasury Notes - Initially issued with two- to ten-year maturities. They are actively traded in a large secondary market and are very liquid. The Treasury may issue Note issues with a minimum of $1,000; however, the average minimum is $5,000.
Agency/Government Sponsored Enterprise Issues - Guaranteed directly or indirectly by the United States Government. All agency/GSE obligations qualify as legal investments and are acceptable as security for public deposits.
These securities usually provide higher yields than U.S. Treasury securities with generally all of the same advantages in terms of safety and liquidity. Examples include:
FICBs (Federal Intermediate Credit Bank Debentures) - Loans to lending institutions used to finance the short-term and intermediate needs of farmers, such as seasonal production. These securities are usually issued monthly in minimum denominations of $3,000 with a nine-month maturity. Interest is payable at maturity and is calculated on a 360-day, 30-day month basis.
FFCBs (Federal Farm Credit Bank) - Debt instruments used to finance the short and intermediate term needs of farmers and the national agricultural industry. They are issued monthly with threeand six-month maturities. The FFCB issues larger issues (one to ten year) on a periodic basis.
These issues are highly liquid.
FLBs (Federal Land Bank Bonds) - Long-term mortgage credit provided to farmers by Federal Land Banks. These bonds are issued at irregular times for various maturities ranging from a few months to ten years. The minimum denomination is $1,000. They carry semi-annual coupons.
Interest is calculated on a 360-day, 30-day month basis.
FHLBs (Federal Home Loan Bank Notes and Bonds) - Issued by the Federal Home Loan Bank System to help finance the housing industry. The notes and bonds provide liquidity and home mortgage credit to savings and loan associations, mutual savings banks, cooperative banks, insurance companies, and mortgage-lending institutions. They are issued irregularly for various maturities. The minimum denomination is $5,000. The notes are issued with maturities of less than one year and interest is paid at maturity. The bonds are issued with various maturities and carry semi-annual coupons. Interest is calculated on a 360-day, 30-day month basis.
FNMAs (Federal National Mortgage Association) - Used to assist the home mortgage market by purchasing mortgages insured by the Federal Housing Administration and the Farmers Home Administration, as well as those guaranteed by the Veterans Administration. They are issued about four times a year for maturities ranging from a few months to eight years. They are issued in minimum denominations of $10,000. They carry semi-annual coupons. Interest is computed on a 360-day, 30-day month basis.
FHLMCs (Federal Home Loan Mortgage Corporation) - A government-sponsored enterprise established to develop the secondary market for conventional home mortgages. Mortgages are purchased solely from the Federal Home Loan Bank System member lending institutions whose deposits are insured by agencies of the United States Government. They are issued for various maturities and in minimum denominations of $10,000. Interest is paid semi-annually and is calculated on a 360-day, 30-day month basis.
Other federal agency issues are Small Business Administration notes (SBAs), Government National Mortgage Association notes (GNMAs), and Tennessee Valley Authority notes (TVAs).
17.b
Packet Pg. 848 Attachment: City of Barstow Investment Policy FY23 (5046 : FY23 Investment Policy) 5 As a matter of practice, the City does not invest in these issues as they do not suit our purposes as well as other investment opportunities available.
The City limits its investments to no more than 60% of its surplus funds in any one Federal Agency.
Bankers’ Acceptances - Short-term credit arrangements to enable businesses to obtain funds to finance commercial transactions. They are time drafts drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. By its acceptance, the bank becomes primarily liable for the payment of the draft at its maturity. An acceptance is a high-grade negotiable instrument. Bankers Acceptances can be purchased in various denominations for 30, 60, or 90 days, but no longer than -180 days. The interest is calculated on a 360-day discount basis similar to Treasury Bills. Local agencies may not invest more than 40% of their surplus funds in bankers’ acceptances or more than 10% of the agency’s surplus funds in bankers’ acceptances of any one commercial bank.
Certificates of Deposit - Time deposits of a bank or savings and loan. They are purchased in various denominations with maturities ranging from 30 to 360 days. The interest is calculated on a 360-day, actual-day month basis and is payable monthly.
Negotiable Certificates of Deposit - Unsecured obligations of the financial institution, bank or savings and loan, bought at par value with the promise to pay face value plus accrued interest at maturity. They are high-grade negotiable instruments, paying a higher interest rate than regular certificates of deposit. The primary market issuance is in multiples of $1,000,000; the secondary market usually trades in denominations of $500,000, although smaller lots are occasionally available. As a matter of practice, only the ten largest U.S. banks where there is a secondary market established for continued liquidity are considered for investment. The City’s total investment in negotiable certificates of deposit may not exceed 30% of surplus funds.
Commercial Paper - Short-term unsecured promissory notes issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing.
The City is permitted by State law to invest in commercial paper of "prime" quality of the highest ranking or of the highest letter and numerical rating as provided for by a nationally recognized statistical-rating organization (NRSRO).
Eligible paper is further limited to issuing corporations that are organized and operating within the United States and having total assets in excess of five hundred million dollars ($500,000,000) and having an “A” or higher rating for the issuer’s debt other than commercial paper as rated by an NRSRO. Commercial Paper issued by an Issuer that has a rating of “A” on their debt other than commercial paper but are on credit watch for a possible downgrade by an NRSRO shall not be considered for investment purposes.
Purchases of eligible commercial paper may not exceed 270 days maturity nor represent more than 10% of the outstanding paper of an issuing corporation. Purchases of commercial paper may not exceed 25 percent of the portfolio.
Medium Term Corporate Notes - Unsecured promissory notes issued by a corporation organized and operating in the United States. These are negotiable instruments and are traded in the
17.b
Packet Pg. 849 Attachment: City of Barstow Investment Policy FY23 (5046 : FY23 Investment Policy) 6 secondary market. Medium term corporate notes can be defined as extended maturity commercial paper.
Local agencies are restricted by the Government Code to investments in corporations rated in the top three note categories by Moody's Investors Service, Inc., and/or Standard and Poor's Corporation. For medium-term notes, eligible purchases consist of instruments that have a rating of "A" or better by both Moody's Investors Service, Inc., and Standard and Poor's Corporation.
Corporate Notes issued by an issuer that has a rating of “A” but are on credit watch for a possible downgrade by a nationally recognized rating agency shall not be considered for investment purposes. If the security's credit rating falls below an "A" rating by one of these agencies, then awareness is heightened and the security monitored closely to determine if credit risk has been significantly increased. If a security falls below an "A" rating by both rating agencies, then the City Treasurer and his/her designee will evaluate the need to sell the security prior to maturity. Further restrictions on the purchase of medium term corporate notes are a maximum term of five years to maturity and total investments in medium term corporate notes may not exceed 30% of the local agency's surplus funds or 5% in any one issuer name.
Repurchase Agreements - A repurchase agreement is a short-term investment transaction. Banks buy temporarily idle funds from a customer by selling U.S. Government or other securities with a contractual agreement to repurchase the same securities on a future date. Repurchase agreements are typically for one to ten days in maturity. The customer receives interest from the bank. The interest rate reflects both the prevailing demand for Federal funds and the maturity of the repurchase agreement. Some banks will execute repurchase agreements for a minimum of $100,000 to $500,000, but most banks have a minimum of $1,000,000. The term of a repurchase agreement may not exceed one year. The market value of securities that underlay a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Repurchase Agreements can only be executed with financial institutions or broker/dealers that have signed a Master Repurchase Agreement with the City.
Reverse Repurchase Agreements - A reverse repurchase agreement is the opposite of a repurchase agreement. The City loans a security to a bank in exchange for cash. The City agrees to pay off the loan with interest on a future date. As this type of investment actually involves a loan arrangement, the City may not invest more than 10% of its surplus funds in reverse repurchase agreements, and must always match its maturities to the reinvestment. Reverse repurchase agreements may be utilized only when either of the following conditions are met:
1. The security was owned or specifically committed to purchase, by the local agency, prior to December 31, 1994, and was sold using a reverse repurchase agreement on December 31, 1994.
2. The security:
a) to be sold has been owned and fully paid for a minimum of 30 days prior to sale; and
b) total of all reverse repurchase agreements owned does not exceed 10 percent of the base value of the portfolio; and
c) agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement and the final maturity date of the same security.
LAIF (Local Agency Investment Fund) - A special fund in the State Treasury which local agencies may use to deposit funds for investment. There is no minimum investment period and the
17.b
Packet Pg. 850 Attachment: City of Barstow Investment Policy FY23 (5046 : FY23 Investment Policy) 7 minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum balance of $40,000,000 for any agency. The City is restricted to a maximum of fifteen transactions per month.
It offers high liquidity because deposits can be converted to cash in 24 hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share basis determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly. The State retains an amount for reasonable costs of making the investments, not to exceed one-quarter of one percent of the earnings. California Government Code §16429.3 states, in part:
"money placed with the State Treasurer for deposit in the Local Agency Investment Fund by cities, counties, or special districts shall not be subject to impoundment or seizure by any state official or state agency."
Money Market Mutual Funds - Shares of beneficial interest issued by diversified management companies. To be eligible for investment, shares must:
1. attain the highest rating provided by Moody's Investors Service, Inc., which is currently "Aaa," and/or Standard and Poor's Corporation, which is currently "AAA;" and,
2. the investment adviser managing the shares must be registered with the Securities and Exchange Commission with not less than five years’ experience investing in instruments authorized under California Government Code §53601subdivisions (a) to (m) inclusive, and with assets under management in excess of five hundred million dollars ($500,000,000); and,
3. the purchase price of shares shall not include any commission that these companies may charge; and,
4. investment in shares shall not exceed 20 percent of surplus funds.
However, no more than 10 percent of the City’s surplus funds may be invested in shares of beneficial interest of any one mutual fund. Furthermore, any investment in a money market mutual fund must comply with other self-imposed restrictions as specified in this Investment Policy.
Asset-Backed and Mortgage-Backed Security - Bonds backed by payments from receivables/mortgages having a maximum of five years maturity. These securities must have an "AA" or better rating by Moody's Investors Services, Inc., and/or Standard and Poor's Corporation.
No more than 20% of the City's surplus money may be invested in these securities.
VIII. INVESTMENT OF BOND PROCEEDS
When investing proceeds from the issuance of bonds, the City of Barstow will follow this Investment Policy when determining allowable investments. Should the trust agreement of a particular bond issue be more restrictive than the City's policy on permitted investments, then the trust agreement will take precedence.
IX. CITY CONSTRAINTS
The City Treasurer or his/her designee will evaluate local banks and savings institutions and may invest idle cash funds with such institutions when the criteria for prudent investment previously stated are met. The City operates its investment pool according to State and self-imposed constraints. It does not buy stocks; it does not speculate; it does not deal in futures or options.
Any investment extending beyond a five-year period requires prior City Council approval.
Additionally, a minimum of 20% of the outstanding investments must mature within a one-year period.
17.b
Packet Pg. 851 Attachment: City of Barstow Investment Policy FY23 (5046 : FY23 Investment Policy) 8 X. SAFEKEEPING AND COLLATERALIZATION
All security transactions, including collateral for repurchase agreements, entered into by the City shall be conducted on a delivery-versus-payment (DVP) basis. Securities will be held by a third party custodian designated by the City Treasurer or his/her designee.
Collateralization will be required on two types of investments: certificates of deposit and repurchase (and reverse repurchase) agreements. In order to anticipate market changes and provide a level of security for all funds, a minimum collateralization level is required.
Surplus funds must be deposited in State or national banks, State or Federal savings and loan associations, or State or Federal credit unions within the State of California. The deposits cannot exceed the amount of the bank's or savings and loan's paid-up capital and surplus.
The bank or savings and loan must secure public funds deposits with eligible securities having a market value of 110% of the total amount of the deposits. State law also allows as an eligible security, first trust deeds having a value of 150% of the total amount of the deposits. A third class of collateral is 105% in the form of a letter of credit drawn on the Federal Home Loan Bank.
The City Treasurer or his/her designee may waive security for that portion of a deposit, which is insured pursuant to Federal law. Currently, the first $100,000 of a deposit is federally insured.
Deposits in excess of $100,000 are collateralized as previously indicated.
XI. DERIVATIVE INVESTMENTS
A derivative is a generic term often used to categorize a wide variety of financial instruments whose value "depends on" or is "derived from" the value of an underlying asset, reference rate, or index.
Investments in derivative instruments are limited to debt securities that have periodic increases, or step-up interest rate adjustments that provide upward mobility in yield return. Investments in debt securities, which contain a callable feature are also allowable, but must comply with other restrictions as specified in this Investment Policy.
Investments purchased after June 19, 1995, in derivative instruments known as "inverse floaters," "dual index," or "stepped inverse" securities that produce higher than market yields at purchase date (when interest rates are low), but have the possibility of producing low or no coupon rates as market interest rates rise through the life of the instrument are not allowable. Furthermore, investments in range notes or interest-only strips that are derived from a pool of mortgages are not allowable. However, debt securities that have a floor or a built-in feature that prevents the instrument from potentially returning no yield are allowable.
XII. POLICY COMPLIANCE REGULATIONS
Should the portfolio, for any reason, fall out of compliance with this Investment Policy, immediate liquidation of securities in order to bring the portfolio back into compliance is not required.
However, the Treasurer must take action to bring the portfolio into compliance within 12 months from the date the portfolio was determined to be in non-compliance with the provisions of this Investment Policy. Additionally, adequate disclosure as to all instances of noncompliance, and the efforts undertaken to bring the portfolio into compliance, must be made on the monthly Treasurer’s Report.
17.b
Packet Pg. 852 Attachment: City of Barstow Investment Policy FY23 (5046 : FY23 Investment Policy) 9 XIII. REPORTING
Under provisions of Section 53646 of the California Government Code, the Treasurer or his/her designee shall render a quarterly investment report to the City Council, the City Manager, and the City Attorney within 30 days following the end of the quarter covered by the report. However, as a matter of practice, a monthly report shall be submitted listing the type of investments, institution, date of maturity, par value, amount of deposit, rate of interest, current market value for all securities, and such other data as may be required by the City Council on a monthly basis.
XIV. QUALIFIED DEALERS
The City of Barstow shall transact business only with banks, savings and loans, and registered investment securities dealers. The City will limit the number of broker/dealers authorized to do business with the City to no more than one (1) broker/dealer for every $10,000,000 of portfolio size. Each authorized broker/dealer shall be required to annually file a signed certification with the City Treasurer certifying that they have read and understand the City’s most recently adopted investment policy.
The City Treasurer or his/her designee will maintain a list of financial institutions authorized to provide investment services. In addition, a list will also be maintained of approved broker/dealers who are authorized to provide investment services in the State of California. These may include "primary" and "regional" broker/dealers with offices located in the State of California. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must be approved by and supply the City Treasurer or his/her designee with a completed broker/dealer questionnaire.
XV. POLICY REVIEW
This Statement of Investment Policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity and return, and its relevance to current law, financial and economic trends. Should conditions change or legislation become effective that behooves subsequent changes or a liberalization of terms within the policy during the next fiscal year, the revised policy will be submitted to Council for adoption of the recommended action.
17.b
Packet Pg. 853 Attachment: City of Barstow Investment Policy FY23 (5046 : FY23 Investment Policy) 10 CITY OF BARSTOW
INVESTMENT GUIDELINES AND STRATEGY
I. Guidelines - Guidelines are established to direct and control activities in such a manner that previously established goals are achieved.
II. Investment Transaction - Every investment transaction must be authorized and reviewed by the Treasurer or his/her designee.
III. Pooled Cash - Whenever practical, local agency cash is consolidated into one bank account and invested on a pooled concept basis. Interest earnings are allocated quarterly according to month-end cash and investment balances for each fund.
IV. Competitive Bids - Purchase and sales of securities are made since competitive offers and bids when practical.
V. Cash Forecast - The cash flow for the City is analyzed with the receipt of revenues and maturity of investments scheduled so that adequate cash will be available to meet disbursement requirements.
VI. Investment Limitations - Security purchases and holdings are maintained within statutory limits imposed by the California Government Code. Current limits are:
Bankers Acceptances 40% Section 53601(f)
Commercial Paper 25% Section 53601(g)
Negotiable Certificates of Deposit 30% Section 53601(h) Reverse Repurchase Agreements 20% Section 53601(i)
Medium Term Notes 30% Section 53601(j)
Money Market Mutual Funds 20% Section 53601(k)
Asset-Backed/Mortgage-Backed Securities 20% Section 53601(n) Federal Agency restriction 60% per Agency Section VI of Policy Local Agency Investment Fund $40,000,000 per Section VI of Policy Portfolio Maturing within one year 20% per Section IX of Policy VII. Liquidity - The marketability of a security is considered at the time of purchase, as the security may have to be sold at a later date to meet unanticipated cash demands.
VIII. Diversification - The portfolio should consist of a mix of various types of securities, issuers, and maturities.
IX. Evaluate Certificates of Deposit
a) Certificates of Deposit shall be evaluated in terms of FDIC coverage. For deposits in excess of the insured maximum of $100,000, approved collateral at full market value shall be required. (California Government Code Section 53652 and/or 53651(m) and 53651.2(a)(1).
b) Negotiable Certificates of Deposit shall be evaluated in terms of the creditworthiness of the issuer, as these deposits are uninsured and uncollateralized promissory notes.
17.b
Packet Pg. 854 Attachment: City of Barstow Investment Policy FY23 (5046 : FY23 Investment Policy) 11 CITY OF BARSTOW
INVESTMENT GUIDELINES AND STRATEGY (Continued)
X. STRATEGY - Strategy refers to the ability to manage financial resources in the most advantageous manner.
XI. Economic Forecasts - Economic Forecasts are obtained periodically from economists and financial experts through bankers and brokers to assist the Treasurer or his/her designee with the formulation of an investment strategy for the local agency.
XII. Implementing Investment Strategy - Investment transactions are executed which conform with anticipated interest rate trends and the current investment strategy plan.
XIII. Rapport - A close working relationship is maintained with large vendors of the city. The objective is to pinpoint when large disbursements will clear the city's bank account. It is essential for good cash control that such large expenditures be anticipated, estimated as to dollar amount, and communicated to the Treasurer or his/her designee for liquidity planning purposes.
XIV. Preserve Portfolio Value - Field standards are developed in order to maintain earnings near the market and to preserve the value of the portfolio.
17.b
Packet Pg. 855 Attachment: City of Barstow Investment Policy FY23 (5046 : FY23 Investment Policy) 12 CITY OF BARSTOW
INVESTMENT PROCEDURES
INTERNAL CONTROL – GUIDELINES
OBJECTIVES OF INTERNAL CONTROL
Internal control is the plan of organization and all the related systems established by the management's objective of ensuring, as far as practicable:
1. The orderly and efficient conduct of its business, including adherence to management policies.
2. The safeguarding of assets.
3. The prevention or detection of errors and fraud.
4. The accuracy and completeness of the accounting records.
5. The timely preparation of reliable financial information.
LIMITATIONS OF INTERNAL CONTROL
No internal control system, however elaborate, can by itself guarantee the achievement of management's objectives. Internal control can provide only reasonable assurance that the objectives are met, because of its inherent limitations, including:
1. Management's usual requirement that a control be cost-effective.
2. The direction of most controls at recurring, rather than unusual, types of transactions.
3. Human error due to misunderstanding, carelessness, fatigue, or distraction.
4. Potential for collusion that circumvents controls dependent on the segregation of functions.
5. Potential for a person responsible for exercising control abusing that responsibility; a responsible staff member could be in a position to override controls which management has set up.
ELEMENTS OF INTERNAL CONTROL
Elements of a system of internal control are the means by which an organization can satisfy the objectives of internal control. These elements are:
1. ORGANIZATION
Specific responsibility for the performance of duties should be assigned and lines of authority and reporting clearly identified and understood.
2. PERSONNEL
Personnel should have capabilities commensurate with their responsibilities. Personnel selection and training policies together with the quality and quantity of supervision are thus important.
3. SEGREGATION OF FUNCTIONS
Segregation of incompatible functions reduces the risk that a person is in a position both to perpetrate and conceal errors or fraud in the normal course of duty. If two parts of a transaction are handled by different people, collusion is necessary to conceal errors or fraud. In particular, the functions that should be considered when evaluating
17.b
Packet Pg. 856 Attachment: City of Barstow Investment Policy FY23 (5046 : FY23 Investment Policy) 13 CITY OF BARSTOW INVESTMENT PROCEDURES INTERNAL CONTROL - GUIDELINES (Continued)
segregation of functions are authorization, execution, recording, custody of assets, and performing reconciliations.
4. AUTHORIZATION
All transactions should be authorized by an appropriate responsible individual. The responsibilities and limits of authorization should be clearly delineated. The individual or group authorizing a specific transaction or granting general authority for transactions should be in a position commensurate with the nature and significance of the transactions.
Delegation of authority to authorize transactions should be handled very carefully.
5. CONTROLS OVER AN ACCOUNTING SYSTEM
Controls over an accounting system include the procedures, both manual and computerized, carried out independently to ascertain that transactions are complete, valid, authorized, and properly recorded.
17.b
Packet Pg. 857 Attachment: City of Barstow Investment Policy FY23 (5046 : FY23 Investment Policy) 14 CITY OF BARSTOW CASH CONTROLS
PROCEDURES PERFORMED BY EXTERNAL AUDITORS
WITH RESPECT TO CASH RECEIPTS
A. City procedures and controls are reviewed. Some of the system strengths are:
1. Receipts are controlled upon receipt by proper registration devices.
2. Receipts are reconciled on a daily basis.
3. Amounts are deposited intact.
4. All bank accounts are authorized by resolution.
5. Cash counts are done by two or more individuals.
6. Bank reconciliations are reviewed.
7. Prompt posting of cash receipt entries in books.
8. Receipt forms are pre-numbered, accounted for, and physically secured.
9. Proper approval required for write-offs of customer accounts.
10. Checks are restrictively endorsed upon receipt or when run through cash register.
11. Adequate physical security over cash.
12. Individuals that handle cash do not post to customer account records or process billing statements.
13. Adequate supervision of Finance Department operations.
B. Significant revenues are confirmed directly with payer and compared with City accounting records to make sure amounts are recorded properly.
C. Cash balances are substantiated by confirming all account balances recorded in the accounting records. Bank reconciliations are reviewed for propriety and recalculated by the auditor. All significant reconciling items on bank reconciliations are verified as valid reconciling items by proving to subsequent bank statements.
17.b
Packet Pg. 858 Attachment: City of Barstow Investment Policy FY23 (5046 : FY23 Investment Policy) 15 CITY OF BARSTOW
SEGREGATION OF RESPONSIBILITIES
OF THE TREASURY FUNCTIONS
Function Responsibility
1. Authorization of investment transactions:
Formal investment policy should be:
*Prepared by: City Treasurer
*Submitted to: City Council
Investment transactions
should be approved by: City Treasurer
2. Execution of investment Treasurer/Deputy Treasurer
Transactions
3. Investment transactions approved Administrative Services Mgr. for compliance with Investment
policy and/or State law
4. Timely recording of investment transactions:
Recording of investment Sr. Accountant/Accountant
Transactions in the
Treasurer’s records
Recording of investment Sr. Accountant/Accountant
transactions in the accounting
records
5. Verification of investment, Administrative Services Mgr. i.e., match broker confirmation
to Treasurer's records
6. Safeguarding of assets and records:
Reconciliation of Treasurer's Sr. Accountant/Accountant records to the accounting records
Reconciliation of records to bank Sr. Accountant/Accountant statements and safekeeping records
17.b
Packet Pg. 859 Attachment: City of Barstow Investment Policy FY23 (5046 : FY23 Investment Policy) 16 CITY OF BARSTOW
SEGREGATION OF RESPONSIBILITIES
OF THE TREASURY FUNCTIONS
(Continued)
Function Responsibility
6. Safeguarding of assets and records
(continued):
Annual review of (a) financial Administrative Services Mgr. institution's financial condition,
(b)safety, liquidity, and potential
yields of investment instruments.
7. No less than an annual External Independent Auditors review of investment
portfolio as prepared by
Treasurer including:
•Investment types
•Purchase Price
•Par values
•Market values
•Maturity dates
•Investment yields
•Conformance to stated investment policy
•Safekeeping reports
The segregation of responsibilities of the Treasury functions as noted herein are intended to enhance the City’s internal controls over cash handling procedures. It should be noted that from time to time, due to the limited size of the Finance department staff, segregation of responsibilities as outlined herein may not be followed in order to fulfill the business needs of the organization.
17.b
Packet Pg. 860 Attachment: City of Barstow Investment Policy FY23 (5046 : FY23 Investment Policy) 17 2022-23 INVESTMENT POLICY
GLOSSARY
AGENCIES. Federal agency securities and/or government-sponsored enterprises.
ASKED: The price at which securities are offered.
BANKERS’ ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer.
BENCHMARK: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investments.
BID: The price offered by a buyer of securities. See Offer.
BROKER: A broker brings buyers and sellers together for a commission.
CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large-denomination CD’s are typically negotiable.
COLLATERAL: Securities, evidence of deposit or other property, which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the City of Barstow. It includes five combined statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section.
COUPON: (a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value. (b) A certificate attached to a bond evidencing interest due on a payment date.
DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account.
DEBENTURE: A bond secured only by the general credit of the issuer.
DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of signed receipt for the securities.
DERIVATIVES: (1) Financial instruments whose return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or
17.b
Packet Pg. 861 Attachment: City of Barstow Investment Policy FY23 (5046 : FY23 Investment Policy) 18 (2) financial contracts based upon notional amounts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities or commodities).
DISCOUNT: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount.
DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued a discount and redeemed at maturity for full face value, e. g., U. S. Treasury Bills.
DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns.
FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S & L’s, small business firms, students, farmers, farm cooperatives, and exporters.
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $250,000 per deposit.
FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations.
FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12 regional banks), which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLBs is to liquefy the housing related assets of its members who must purchase stock in their district Bank.
FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The corporation’s purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages.
FNMA’s securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest.
FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money.
FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D. C., 12 regional banks and about 5,700 commercial banks that are members of the system.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U. S. Government. Ginnie Mae securities are backed by
17.b
Packet Pg. 862 Attachment: City of Barstow Investment Policy FY23 (5046 : FY23 Investment Policy) 19 the FHA, VA or FmHa mortgages. The term “pass-throughs” is often used to describe Ginnie Maes.
LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes.
LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment.
MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold.
MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase – reverse repurchase agreements that establishes each party’s rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the sellerborrower.
MATURITY: The date upon which the principal or stated value of an investment becomes due and payable.
MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded.
OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked and Bid.
OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve’s most important and most flexible monetary policy tool.
PORTFOLIO: Collection of securities held by an investor.
PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker-dealers, banks, and a few unregulated firms.
PRUDENT PERSON RULE: An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state-the do-called legal list. In other states, the trustee may invest in a security if it is one, which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital.
17.b
Packet Pg. 863 Attachment: City of Barstow Investment Policy FY23 (5046 : FY23 Investment Policy) 20 QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits.
RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return.
REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security “buyer” in effect lends the “seller” money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RP extensively to finance their positions. Exception: When the Fed is said to be doing RP, it is lending money that is, increasing bank reserves.
SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables for all types and descriptions are held in the bank’s vaults for protection.
SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution.
SECURITIES AND EXCHANGE COMMISION: Agency created by Congress to protect investors in securities transactions by administering securities legislation.
SEC RULE 15C3-1: See Uniform Net Capital Rule.
STRUCTURED NOTES: Notes issued by Government Sponsored Enterprises (FHLB, FNMA, SLMA, etc.) and Corporations, which have imbedded options (E.G., call features, step-up coupons, floating rate coupons, derivative-based returns) into their debt structure. Their market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded options and shifts in the shape of the yield curve.
TREASURY BILLS: A non-interest bearing discount security issued by the U. S. treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year.
TREASURY BONDS: Long-term coupon-bearing U. S. Treasury securities issued as direct obligations of the U. S. Government and having initial maturities of more than 10 years.
TREASURY NOTES: Medium-term coupon-bearing U. S. Treasury securities issued as direct obligations of the U. S. Government and having initial maturities from two to ten years.
UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio.
Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash.
YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any
17.b
Packet Pg. 864 Attachment: City of Barstow Investment Policy FY23 (5046 : FY23 Investment Policy) 21 premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.
17.b
Packet Pg. 865 Attachment: City of Barstow Investment Policy FY23 (5046 : FY23 Investment Policy) 22 RESOLUTION NO. ______-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW,
CALIFORNIA, ADOPTING THE CITY OF BARSTOW INVESTMENT POLICY
THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, in accordance with Section 53607 of the Government Code of the State of California, the City Treasurer is hereby authorized (a) to invest such portion of any sinking fund of, or idle money in, the City Treasury, not required for the immediate necessities of the City as is deemed wise or expedient, in securities in which this Council is authorized to invest such sums by the provisions of State Government Code Section 53601 and Section 53635, limited by the City’s Investment Policy; and (b) to sell, or exchange for other eligible securities, and reinvest the proceeds of the securities purchased. The City Treasurer shall make a monthly report of such transactions to this Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Barstow has adopted the 2022-23 Statement of Investment Policy as set forth in the attached document. The City Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon be in full force and effect.
APPROVED and ADOPTED by the City Council of the City of Barstow, California, this 20th day of June, 2022.
______________________________
Paul Anthony Courtney, Dr., B.A.
Mayor
ATTEST:
______________________________
Andrea Flores
City Clerk
17.b
Packet Pg. 866 Attachment: City of Barstow Investment Policy FY23 (5046 : FY23 Investment Policy) Joint Special Council/BFPD
06/20/22 07:00 PM
Finance
Brenna Foster
Public Hearing
Doc ID: 5044
AGENDA ITEM
AGENDA MATTER:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA, AMENDING AND ESTABLISHING SPECIFIED FEES FOR CITY SERVICES (FY 2022/2023) EXECUTIVE SUMMARY:
Staff has completed the annual process of thoroughly reviewing the City's current fees effective for the 2022/2023 fiscal year. The annual review is conducted to ensure that fees are covering the processing costs of the service request or, at minimum, that the level of subsidy being provided for services by the City are adequate and at amounts that the City Council desires to maintain. The Resolution to adopt the Fiscal Year 2022/2023 Master Fee Schedule (Attachment A) is attached for the Council's review and consideration.
DISCUSSION:
The City of Barstow’s Master Fee Schedule is reviewed annually by city staff to determine if fees that are being charged continue to cover the processing costs of the service request or, at minimum, that the level of subsidy being provided for services by the City are adequate and at amounts that the City Council desires to maintain. Attached to the staff report is the City Council Resolution (Attachment A) which contains the proposed Master Fee Schedule for FY 2022/2023. The Master Fee Schedule contains all of the fees charged by the City for various functions and services performed for the community. An annual review is conducted whereby each department provides suggested changes to the Master Fee Schedule and the proposed fee schedule has been collectively amended to reflect staff’s recommendations. The list of proposed changes from FY 2022/2023 are contained within the Table of Amendments to the Master Fee Schedule. If approved, the newly adopted fee schedule will go into effect on July 1, 2022.
FISCAL IMPACT:
Any fees, existing or newly proposed, which are charged by the City of Barstow help to offset the actual cost of providing the service. Most fees are partially subsidized and do not fully cover the actual cost of service. For any fee increases adopted, the City will receive additional revenue to reduce the amount of the subsidy, if any. If the attached Fee Schedule is not approved, corresponding cuts in the City's budget may need to be considered to offset the associated loss of resources.
RECOMMENDED ACTION:
Staff recommends that City Council adopt the attached Resolution No. ____-2022 amending and establishing the Master Fee Schedule for Fiscal Year 2022/2023, and waive the full reading. 18 Packet Pg. 867
ATTACHMENT A
RESOLUTION NO. - 2022
Adoption of the
City of Barstow’s
Master Fee Schedule
(FY 2022/2023)
18.a
Packet Pg. 868 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23) RESOLUTION NO. ______-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BARSTOW, CALIFORNIA ADOPTING A MASTER
FEE SCHEDULE (FY 2022/2023)
WHEREAS, the City Council of the City of Barstow has the authority to establish fees for City services; and
WHEREAS, the City finds it necessary to recover the costs of providing certain City services and said fees do not exceed the reasonable costs of providing the services for which fees are imposed; and
WHEREAS, the consolidation of all City fees will assist the public, as well as City staff, in readily locating fees and to continue the City's quest for governmental transparency; and
WHEREAS, the proposed Master Fee Schedule will supersede any previously adopted or established fee for specified City services; and WHEREAS, the Master Fee Schedule is evaluated each year to ensure that services are provided, while consideration is taken into account in regards to cost recovery for services provided by the City; and
WHEREAS, in order for the City to recover the costs associated with certain services and fees. additions of fees related to Erosion Control Plan, Storm Water Pollution Prevention Plan (SWPPP), Water Quality Management Plan (WQMP), as well as amendments to Encroachment Permit consultant fees, Parks & Recreation program fees, Passport Execution Fee, Traffic Collision Report fee and Harvey House rental fees are proposed; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:
Section 1, The foregoing recitals are true and correct, and the City Council so finds and determines:
A For the convenience of the public it is desirable to gather in a single document a comprehensive list of fees and service charges imposed by the City for City services.
B. The document known as the "Master Fee Schedule" is attached to this resolution and is made a part hereof by this reference. Each fee or service charge is identified and a new or increased fee is shown in green font.
C. In developing new or increased fees for the Master Fee Schedule, City staff has analyzed the cost to administer the various programs, activities and Resolution No. ______-2022
18.a
Packet Pg. 869 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23) applications for which the City has proposed a new or increased fee or service charge and that the increased fee or charge does not exceed the estimated cost of providing such service.
D. It is not the intention to repeal previously adopted fees and adopt new fees of exactly the same amount from one fiscal year to the next, but is simply repeating these fees with the Resolution so that the Master Fee Schedule can be a comprehensive source of City fees and service charges.
Section 2. That the fees shown in Exhibit "A" are hereby adopted and each fee or service charge set forth in this Resolution shall be charged until further resolution of this Council
Section 3. This Resolution supersedes all prior resolutions on the same subjects.
Section 4. The fees shown in Exhibit "A" shall become effective on July 1, 2022.
Section 5. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED THIS 20th day of June, 2022. ______________________________
Paul Anthony Courtney, Dr.B.A, Mayor
Attest:
_________________________________
Andrea Flores, City Clerk
18.a
Packet Pg. 870 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23) I, Andrea Flores, City Clerk of the City of Barstow and ex-officio Clerk of the Council, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of Resolution No. _______-2022 of said Council, which was adopted at its regular meeting of June 20, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________________
Andrea Flores, City Clerk
Resolution No. ________-2022
18.a
Packet Pg. 871 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
EXHIBIT A
Master Fee Schedule
(FY 2022/2023)
18.a
Packet Pg. 872 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
MASTER FEE SCHEDULE
Fiscal Year 2022/2023
Presented to City Council on June 20, 2022
18.a
Packet Pg. 873 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23) Master Fee Schedule
Table of Contents
Contents Table of Contents………………………………………………………i
Amendment Table of Amendments to Master Fee Schedule………………….ii Section 10 Administrative Citation……………………………………………….1
Section 20 Business Licenses…………………………………………………….2
Section 30 Building Permits……………………………………………………….5
Section 35 Solar (Photovoltaic System) Permits……………………………....6 Section 40 Electrical Permits………………………………………………………7
Section 50 Mechanical Permits……………………………………………………9
Section 60 Plumbing Permits…………………………………………………….11
Section 70 Elevator Permits……………………………………………………...13
Section 80 Grading Permits………………………………………………………14
Section 85 Erosion Control, SWPPP and WQMP……………………………..16 Section 90 Code Compliance…………………………………………………….18
Section 95 Cannabis Regulations……………………………………………….19
Section 100 Development Impact Fees………………………………………….20
Section 110 Encroachment Permits……………………………………………...21
Section 120 Film Office……………………………………………………………..24
Section 130 Barstow Fire Protection District…………………………………...25 Section 140 Solid Waste……………………………………………………………30
Section 150 Household Hazardous Waste Bin…………………………………31 Section 160 Barstow Humane Society…………………………………………...32 Section 170 Industrial Pretreatment……………………………………………...33 Section 180 Lenwood Area Development Fees………………………………...35 Section 190 Miscellaneous Fees………………………………………………….36
Section 200 Parks & Recreation…………………………………………………..38
Section 210 Personnel Costs……………………………………………………...41
Section 220 Community Development…………………………………………..42
Section 230 Police…………………………………………………………………...43
Section 240 Harvey House Rental………………………………………………...44
i
18.a
Packet Pg. 874 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23) Table of Amendments to Master Fee Schedule
2021/2022 to 2022/2023
Page
Number Department Item/Description 2021/2022 Fee / Basis 2022/2023 Fee / Basis 18 Code Compliance Code Compliance
Personnel As Per Section 200 As Per Section 210
19 Community
Development
Cannabis
Regulations New Fee in 2022/2023 See Full Section 95
23 Engineering
Encroachment
Permits – CCTV
Review
New Fee in 2022/2023 $65.00 Per Hour
24 Film Office City Personnel As Per Section 200 As Per Section 210 33 Industrial
Pretreatment
Industrial User
Permit $100.00 Initial Submittal $250.00 Initial Submittal 33 Industrial
Pretreatment
Inspections (Related
to a NOV) $150.00 Each $250.00 Each
33 Industrial
Pretreatment
Major Administrative
Violation $250.00 Each $500.00 Each
33 Industrial
Pretreatment
Minor Discharge
Violation $100.00 Each $250.00 Each
36 Miscellaneous
Electronic Media –
DVD of Council
Meeting
$20.00 Each
Removed from Schedule as
Council Meetings are
available on the City’s
Website.
36 Miscellaneous
Electronic Media –
DVD of Board,
Commission &
Committee
$20.00 Each
Removed from Schedule as
Council Meetings are
available on the City’s
Website.
37 Miscellaneous
Passport Book
(Child Under Age
16)
$80.00 $100.00
37 Miscellaneous
Passport Book
(Adult Age 16 and
Over)
$110.00 $130.00
37 Miscellaneous
Passport Book &
Card (Child Under
Age 16)
$95.00 $115.00
37 Miscellaneous
Passport Book &
Card (Adult Age 16
and Over)
$140.00 $160.00
37 Miscellaneous Technology Fee $5.00 per Building
Permit/License
$15.00 per Building
Permit/License
ii
18.a
Packet Pg. 875 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23) Page
Number
Department Item/Description 2021/2022 Fee / Basis 2022/2023 Fee / Basis 37 Miscellaneous
Infrastructure Plans
GIS Updates –
Consultant Fee
New Fee in 2022/2023 Actual Cost (If
Applicable)
38 Parks &
Recreation
Cora Harper –
Cleaning Fee New Fee in 2022/2023 $250.00 Each Rental
38 Parks &
Recreation
Dana Park –
Cleaning Fee New Fee in 2022/2023 $150.00 Each Rental
38 Parks &
Recreation
Eda Henderson
Pool – Large Parties
(125+ Guests)
New Fee in 2022/2023 $30.00 Hourly
38 Parks &
Recreation
Eda Henderson
Pool – Cleaning Fee New Fee in 2022/2023 $150.00 Each Rental 38 Parks &
Recreation
Eda Henderson
Pool – Monthly Pass $25.00 Per Person $30.00 Per Person 38 Parks &
Recreation
Eda Henderson
Pool – Summer
Pass
New Fee in 2022/2023 $75.00 Per Person
39 Parks &
Recreation
Robert Sessions
Memorial Sports
Park – All Field
Rental Games
(Lights and No
Lights)
Per Game Hourly
39 Parks &
Recreation
Robert Sessions
Memorial Sports
Park – No Show
New Fee in 2022/2023 Original Cost of
Reservation
39 Parks &
Recreation
Robert Sessions
Memorial Sports
Park – Cancellation
New Fee in 2022/2023 50% Refund
39 Parks &
Recreation
Youth Programs –
Basketball Girls Removed
39 Parks &
Recreation
Misc. Youth
Programs (Seasons) New Fee in 2022/2023 $45.00 Per Season 39 Parks &
Recreation
Misc. Youth
Programs (Monthly) New Fee in 2022/2023 $25.00 Per Month 39 Parks &
Recreation Tot Time $70.00 Per Week Removed – Service No Longer Offered 39 Parks &
Recreation Summer Camp New Fee in 2022/2023 $80.00 Per Week 39 Parks &
Recreation
Summer Camp –
Late Pick-up Fee New Fee in 2022/2023 $20.00 Per ¼ Hour 39 Parks &
Recreation
Summer Camp –
Late Payment Fee New Fee in 2022/2023 $20.00 Monthly
iii
18.a
Packet Pg. 876 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23) Page
Number Department Item/Description 2021/2022 Fee / Basis 2022/2023 Fee / Basis 40 Parks &
Recreation
Misc. Fees – Field
Prep Fee New Fee in 2022/2023 $50.00 Per Hour
40 Parks &
Recreation
Misc. Fees –
Equipment Rentals New Fee in 2022/2023
$10.00 Per Table
$1.00 Per Chair
$50.00 Media Set-up
40 Parks &
Recreation
Misc. Fees –
Equipment Rentals New Fee in 2022/2023 Delivery Set-up / Pick-up – See Personnel Cost 40 Parks &
Recreation
Misc. Fees –
Equipment Rentals New Fee in 2022/2023
Equipment Rental (If
Damaged or Lost) – At
Cost
40 Parks &
Recreation
Misc. Fees – Facility
Rental Cancellation
Fees (Within two
weeks of event)
New Fee in 2022/2023 No Refund of Deposit
41 Personnel Costs Personnel Cost
Calculation
State Disability Insurance
0.9%
State Disability Insurance
1.1%
43 Police
Licenses and
Permits – Cannabis
Background
New Fee in 2022/2023 $100.00 Each
43 Police Police Personnel As Per Section 200 As Per Section 210 44 Harvey House Courtyard New Fee in 2022/2023 $10.00 Per Table $1.00 Per Chair
44 Harvey House Cleaning Fee New Fee in 2022/2023 $250.00 Per Rental 44 Harvey House Bridal/Groom Room New Fee in 2022/2023 $150.00 Per Room 44 Harvey House
Facility Rental
Cancellation (Within
Two Weeks of
Event)
New Fee in 2022/2023 No Refund of Deposit
44 Harvey House Media Set-up New Fee in 2022/2023 $50.00 Each Rental iv
18.a
Packet Pg. 877 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 10 - Administrative Citations
Item/Description 2022/2023 Fee
1. ADMINISTRATIVE CITATIONS
$ 100.00
$ 200.00
$ 500.00
First Citation
Second Citation
Third and Subsequent Citations
1 18.a
Packet Pg. 878 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 20 - Business Licenses
Item/Description Basis 2022/2023 Fee
1. BUSINESS LICENSE RATES - FLAT FEE
Auto Wrecking Annual $ 100.00
Barber Shop
Annual $ 30.00
Annual $ 10.00
Baths - Public Annual $ 60.00
Beauty Shop
Annual $ 30.00
Annual $ 10.00
Bureaus, Travel - Ticket Agencies Annual $ 30.00
Cleaners, Laundries Per Vehicle $ 60.00
Confectionary Wagons (i.e. Ice Cream Trucks, Food Wagons) Per Vehicle $ 20.00
Per Vehicle $ 25.00
Contractors - Builders
Annual $ 100.00
Boilers, Hot Water Heating Steam Fitting- C4 Annual $ 40.00 Annual $ 40.00
Annual $ 60.00
Annual $ 60.00
Annual $ 40.00
Annual $ 40.00
Annual $ 60.00
Annual $ 40.00
Annual $ 40.00
Annual $ 40.00
Annual $ 60.00
Annual $ 60.00
Annual $ 40.00
Annual $ 40.00
Annual $ 40.00
Annual $ 40.00
Annual $ 40.00
Annual $ 40.00
Annual $ 60.00
Annual $ 60.00
Annual $ 40.00
Annual $ 60.00
Annual $ 40.00
Annual $ 40.00
Annual $ 40.00
Annual $ 60.00
Annual $ 40.00
Annual $ 40.00
Annual $ 40.00
Annual $ 40.00
Annual $ 40.00
Annual $ 40.00
Importing of Merchandise for Retail Sale Per Vehicle $ 50.00 Itinerant Vendor, Peddler, Salesman, Solicitor, Sidewalk Vendor, etc.
Per Individual $ 15.00
Per Individual $ 50.00
Cabinet and Mill Work - C6
One Chair
Each Additional Chair
Sale of Retail Products (In addition to Chair Fee(s)) See Section 2 - Gross Receipts One Operator
Each Additional Operator
Sale of Retail Products (In addition to Operator Fee(s)) See Section 2 - Gross Receipts Has an Established Retail Business in the City
Does Not Have an Established Retail Business
General Contractors - Class A or B
Landscaping - C27
Cement and Concrete - C8
Electrical (General) - C10
Electrical (Signs) - C45
Elevator Installation - C11
Excavating, Grading, Trenching, Paving/Surfacing - C12
Fire Protection Engineering - C16
Flooring - C15
Glazing - C17
Heating and Air Condition - C20
House and Building Moving - C21
Insulation - C2
Steel Structural - C51
Lathing - C26
Masonry - C29
Ornamental Metals - C23
Painting, Decorating - C33
Plastering - C25
Plumbing - C36
Refrigeration - C38
Roofing - C39
Sewer, Sewage Disposal, Drains, Cement Pipe Laying - C42 Sheet Metal - C43
Steel Reinforcing - C50
Structural Pest Control - C22
Tile (Ceramic or Mosaic) - C54
Welding - C60
Well Drilling - C57
Classified Specialist - C61
All Other Classifications - C
Daily
Annually
2 18.a
Packet Pg. 879 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 20 - Business Licenses
Item/Description Basis 2022/2023 Fee
1. BUSINESS LICENSE RATES - FLAT FEE (continued)
Christmas Tree Vendor Per Quarter $ 25.00
Massage Therapist / Practitioner Annual $ 40.00
Palmist, Fortune-Teller, Clairvoyant, etc. Annual $ 100.00 Photographer, Itinerant Daily $ 15.00
Photographer, Itinerant Quarterly $ 75.00
Professions and Specified Personal Services
Annual $ 60.00
Annual $ 50.00
Annual $ 100.00
Annual $ 100.00
Annual $ 40.00
Annual $ 100.00
Annual $ 40.00
Annual $ 50.00
Annual $ 40.00
Annual $ 80.00
Annual $ 40.00
Annual $ 100.00
Annual $ 50.00
Annual $ 40.00
Annual $ 100.00
Annual $ 60.00
Annual $ 50.00
Annual $ 200.00
Annual $ 100.00
Annual $ 100.00
Annual $ 40.00
Annual $ 40.00
Annual $ 60.00
Annual $ 80.00
Private Detective, Private Patrol, Watchman (Per Individual) Annual $ 30.00 Shoe Shining
Annual $ 5.00
Annual No Charge
Shows, Theaters, Carnivals & Exhibitions
Annual $ 100.00
Per Day $ 75.00
Each Per Day $ 10.00
Each Per Day $ 10.00
Solicitor, Salesman, Service Repairman or Canvasser (Per Individual) Annual $ 40.00 Tattoo Artists (Per Individual) Annual $ 40.00
Truck, Hauling
Business with an Established Place of Business in the City Annual $ 30.00
Annual $ 10.00
Non-Local Business
Annual $ 30.00
Wrestling - Boxing
Annual $ 120.00
Per Day $ 25.00
Architect
Accountant - Certified and Public
Agent - Real Estate, All Others
Anesthetist
Geologist
Assayer
Attorney
Bookkeeping and Accounting
Broker - Real Estate, Insurance
Chemists
Chiropodist
Dental Lab (Technician)
Dentist/Orthodontist
Designer - Structural or Building
Draftsman
Engineer - Registered
Carnival, Traveling Show, Circus PLUS:
Medical Lab or Technician
Mortgage Companies
Oculist, Optician, Optometrist
Physician, Surgeon, Psychiatrist
Physiotherapist
Psychologist
Surveyors, Licensed Land
Veterinarian
(Per Individual ≥16 Years of Age)
(≤ 16 Year of Age)
Theater, Playhouse or Motion Picture House
Each concession booth, stand, exhibition, show,
sideshow, amusement, ride, game, gallery, attraction or other unit
Single Vehicle Exhibition Not Operated in Conjuction with any carnival, circus or traveling show
First Vehicle
Each Additional Vehicle
Each Vehicle
Wrestling or Boxing Arena at an Established Business
Professional Wrestling or Boxing Contest/Exhibitions
3 18.a
Packet Pg. 880 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 20 - Business Licenses
Item/Description Basis 2022/2023 Fee
2. GROSS RECEIPTS BUSINESS CLASSIFICATION AND FEES
Businesses who are located within the incorporated City limits offering any form of recreation and enternatinment and/or sale or service shall pay an annual license fee based upon the gross receipt schedule below:
Annual Fee
$28.50
$45.00
$76.00
$95.00
$133.00
$171.00
$228.00
$285.00
3. WHOLESALE BUSINESS
4. BUSINESS LICENSE ADMINISTRATIVE FEE (ADDED TO BUSINESS LICENSE FEE) Initial Application Per Application $ 40.00
Renewal Annually $ 24.00
5. UNPAID FEES
Penalty 25% of License Fee
Interest 6% Per Year
$15,000.01 to $20,000.00
$20,000.01 to $30,000.00
$10,000.01 to $15,000.00
Monthly Gross Receipts
$4,000.00 or less
$4,000.01 to $6,000.00
$6,000.01 to $10,000.00
$30,000.01 to $50,000.00
$50,000.01 and over
Wholesale Business, whose business consists entirely of sales at wholesale for purposes of resale to ultimate consumers If Not Paid By Expiration Date
15 Days After Expiration
4 18.a
Packet Pg. 881 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 30 - Building Permits
Item/Description
1. BUILDING PERMIT FEES (As Per Table 3-A of the 1997 Uniform Administrative Code)
2. PLAN REVIEW FEES (Section 304.3 of the 1997 Uniform Administrative Code)
3. OTHER INSPECTIONS AND FEES (Table 3-A of the 1997 Uniform Administrative Code) Basis 2022/2023 Fee Per Hour $ * 48.41
Per Hour $ * 48.41
Per Hour $ * 48.41
Per Hour $ * 48.41
4. STRONG MOTION INSTRUMENTATION PROGRAM (SMIP) FEE Basis 2022/2023 Fee Strong Motion Instrumentation Program (SMIP) Fee
Public Resources Code
Section 2705
Public Resources Code
Section 2705
5. CALIFORNIA BUILDING STANDARDS COMMISSION FEE Basis 2022/2023 Fee California Building Standards Commission Fee
California Building
Standards Commission
$2,001 to $25,000 $71.33 for the first $2,000 plus $14.42 for each additional $1,000, or fraction thereof, to and including $25,000
$25,001 to $50,000 $403.50 for the first $25,000 plus $10.40 for each additional $1,000, or fraction thereof, to and including $50,000
$50,001 to $100,000 $663.06 for the first $50,000 plus $7.21 for each additional $1,000, or fraction thereof, to and including $500,000
Total Valuation of Project 2022/2023 Fee
$1 to $500 $24.21
$501 to $2,000 $24.21 for the first $500 plus $3.14 for each additional $100, or fraction thereof, to and including $2,000
Additional plan review required by changes, additional or revisions to plan For use of outside consultant for plan check and inspections, or both Actual Costs ** $100,001 to $500,000 $1,023.56 for the first $100,000 plus $5.77 for each additional $1,000, or fraction thereof, to and including $500,000
$501,000 to $1,000,000 $3,300.76 for the first $500,000 plus $4.89 for each additional $1,000, or fraction thereof, to and including $1,000,000
$1,000,001 and up $5,777.01 for the first $1,000,000 plus $3.76 for each additional $1,000 or fraction thereof Plan Review Fee 65% of the Building Permit Fee as per Table 3-A of the 1997 Uniform Building Code (As shown above in Section 1)
Reinspection Fees
Inspection Outside of Normal Business Hours
Inspections for which no fee is specifically indicated (minimum charge - 1/2 hour) * Or the total hourly cost to the juriscition, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. ** Actual costs include administrative and overhead costs.
Residential (1 to 3 Stories) Valuation x .00013
Minimum Fee $0.50
Valuation x .00028
Minimum Fee $0.50
Residential / Commercial
$1 per $25,000 or
fraction thereof;
Minimum Fee $1
Residential (> 3 Stories) and All Commercial
5 18.a
Packet Pg. 882 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 35 - Solar (Photovoltaic Systems) Permits
Item/Description
1. Basis
Residential*
Per Structure
Over 15 kW Each kW Over 15 kW
Non-Residential and Commercial*
Per Structure
Each kW Between 51 and 250
Each kW Over 250
Solar Farms*
Solar Farm Permit Fee Per Application
2. Residential, Non-Residential and Commercial Solar (Photovoltaic Systems) and Solar Farms Per Hour / 1 Hour Minimum Actual Personnel Costs ^
Per Hour / 1 Hour Minimum Actual Personnel Costs ^
If Applicable Actual Cost
SOLAR (PHOTOVOLTAIC SYSTEM) PERMIT FEES 2022/2023 Fee
$ 270.00
$ 5.00
$ 501.00
Solar Permit Fee
(Includes Up To 2 Reviews & 2 Inspections) - Up to
15 kW PLUS (If Appl.)
Solar Permit Fee
(Includes Up To 2 Reviews & 2 Inspections) - Up to
50 kW PLUS (If Appl.)
Plan Review (Third and Subsequent Review(s))
Between 51 kW and 250 kW PLUS:
Over 250 kW (If Applicable)
Consultant Fees
$ 7.00
$ 5.00
Actual Personnel Costs^ /
$1,000 Deposit
PLAN REVIEW AND INSPECTION FEES
Inspection Fee (Third and Subsequent Inspection(s))
6 18.a
Packet Pg. 883 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 40 - Electrical Permits
Item/Description Basis
1. ELECTRICAL PERMIT ISSUANCE FEE (Table 3-B of the 1997 Uniform Administrative Code) Electrical Permit Issuance Fee Each 24.21 $
Supplemental Electrical Permit Issuance Fee Each 7.47 $
2. ELECTRICAL PERMIT FEES - SYSTEM FEE SCHEDULE (Table 3-B of the 1997 Uniform Administrative Code) New Residential Buildings (System Fee Schedule)
Per Sq. Ft. 0.052 $
Per Sq. Ft. 0.058 $
Private Swimming Pool
Each 50.99 $
Carnival and Circuses (Traveling Shows Utilizing Transportable-Type Rides) Each 24.21 $
Each 7.47 $
Each 7.47 $
Temporary Power Service
Each $ 24.21
Each $ 12.67
3. ELECTRICAL PERMIT FEES - UNIT FEES SCHEDULE (Table 3-B of the 1997 Uniform Administrative Code) Receptacle, Switch and Light Outlets
Each 1.13 $
Each 0.75 $
Lighting Fixtures (Lighting Fixtures, Sockets and other Lamp-Holding Devices) Each 1.13 $
Each 0.75 $
Each 1.13 $
Each 1.13 $
Residential Appliances
Each 4.89 $
Nonresidential Appliances
Each 4.89 $
3. ELECTRICAL PERMIT FEES - UNIT FEE SCHEDULE (As Per Table 3-B of the 1997 Uniform Building Code) (Continued) Power Apparatus
Each $ 4.89
Each 12.67 $
Each 25.34 $
Over 50 and Not Over 100 Each 50.99 $
Each 76.74 $
Busways
For Trolley and Plug-in-Type Busways Each 100 feet or
fraction thereof $ 7.47
Signs, Outline Lighting and Marquees
Each 25.34 $
Each 4.89 $
Services
Each 31.42 $
Each 64.02 $
Each 128.03 $
Miscellaneous Apparatus, Conduits and Conductors
Each 18.75 $
First 20 Fixtures
2022/2023 Fee
Multi-family (≥3 Units Constructed at
Single- and Two-Family
For new, private, in-ground swimming
Electrical Generators and Electrically
Mechanically Driven and Walk-Through
System of Area and Booth Lighting
Permanent Installed Rides, Booths, Use the Unit Fee Schedule (See Section 3) Temporary Service Pole or Pedestal,
Temporary Distribution System and
Over 100
Additional Fixtures
First 20 Fixtures
Additional Fixtures
Pole or Platform-Mounted Lighting Fixture
Theatrical-Type Lighting Fixtures or
For Fixed Residential Appliances or
For nonresidential appliances and selfMotors, Generators, Transformers, Rectifiers, Synchronous Converters, Capacitors, Industrial Heating, Air Up To and Including 1
Over 1 and Not Over 10
Over 10 and Not Over 50
Notes: 1. For equipment and appliance having more than one motor, transformer, heater, etc., the sum of the Note: An additional fee is required for lighting fixtures, motors and other appliances that are connected to trolley and Supply from a one branch circuit
For additional branch circuits within the
For services of 600 volts or less and not over 200 amps in rating For services of 600 volts or less and over
For services over 600 volts or over 1,000
Electrical apparatus, conduits and
Note: This fee is not applicable when a fee is paid for one or more services, outlets, fixtures, appliances, power 7 18.a
Packet Pg. 884 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 40 - Electrical Permits
Item/Description Basis 2022/2023 Fee
4. PLAN REVIEW FEES
Electrical Plan Review Fees (Section 304.3 of the 1997 Uniform Administrative Code)
5. OTHER INSPECTIONS AND FEES (Table 3-B of the 1997 Uniform Administrative Code) Per Hour (Minimum
Charge - 2 Hours) $ * 50.99
Per Inspection 50.99 $ *
Per Hour (Minimum
Charge - 1/2 Hour) $ * 50.99
Per Hour (Minimum
Charge - 1/2 Hour) $ * 50.99
Reinspections outside of normal business hours
Plan Review Fee 25% of the Electrical Permit Fee as per Table 3-A of the 1997 Uniform Building Code (As shown above in Items 2 & 3)
** Actual costs include administrative and overhead costs.
Reinspection fees assessed under provision of
Inspections for which no fee is specifically indicated
Additional plan review required by changes, additions
or revisions to plans or to plans for which an initial
Outside Consultant Fees Actual Costs**
* Or the total hourly cost to the juriscition, whichever is the greatest. This cost shall include supervision, overhead, equipment, 8 18.a
Packet Pg. 885 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 50 - Mechanical Permits
Item/Description Basis 2022/2023 Fee
1. MECHANICAL PERMIT ISSUANCE FEE (Table 3-C of the 1997 Uniform Administrative Code) Each 24.21 $
Supplemental Electrical Permit Issuance Fee Each 7.47 $
2. MECHANICAL PERMIT FEES - UNIT FEE SCHEDULE (Table 3-C of the 1997 Uniform Administrative Code) Furnaces
Each 15.24 $
Each 18.75 $
Each 15.24 $
Each 15.24 $
Appliance Vents
Each 7.47 $
Repairs or Additions
Each 14.11 $
Boilers, Compressors and Absorption Systems
Each 15.14 $
Each 27.96 $
Each 38.37 $
Each 57.11 $
Each 95.43 $
Air Handlers
Each 10.97 $
Each $ 18.64
Evaporative Coolers
Each 10.97 $
For the installation or relocation of each boiler or compressor over 50 horsepower (176 kW), or each absorption system over 1,750,000 Btu/h (512.9 kW)
Mechanical Permit Issuance Fee
Installation/Relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,000 Btu/h (29.3kW)
For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance over 100,000 Btu/h (29.3 kW)
For the installation or relocation of each floor furnace, including vent For the installation or relocation of each suspended heater, recessed wall heater or floor-mounted unit heater
For the installation, relocation or replacement or each appliance vent installed and not included in an appliance permit
For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption or evaporative cooling system, including installation of controls regulated by the Mechanical Code
For the installation or relocation of each boiler or compressor to and including 3 horsepower (10.6kW), or each absorption system to and including 100,000 Btu/h (29.3)kW)
For the installation or relocation of each boiler or compressor over 3 horsepower (10.6kW) to and including 15 horsepower (52.7 kW), or each absorption system over 100,000 Btu/h (29.3 kW) to and including 500,000 Btu/h (146.6 kW)
For the installation or relocation of each boiler or compressor over 15 horsepower (52.7kW) to and including 30 horsepower (105.5 kW), of each absorption system over 500,000 Btu/h (146.6kW) to and including 1,000,000 Btu/h (293.1 kW)
For the installation or relocation of each boiler or compressor over 30 horsepower (105.5 kW) to and including 50 horsepower (176kW), or each absorption system over 1,000,000 Btu/h (293.1 kW) to and including 1,750,000 Btu/h (512.9 kW)
For each air-handling unit to and including 10,000 cubic feet per minte (cfm) (4,719 L/s), including ducts attached thereto
Note: This fee does not apply to an air-handling unit which is a portion of a factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in the Mechanical Code.
For each air-handling unit over 10,000 cfm (4,719 L/s)
For each evaporative cooler other than portable
9 18.a
Packet Pg. 886 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 50 - Mechanical Permits
Item/Description Basis 2022/2023 Fee
2. MECHANICAL PERMIT FEES - UNIT FEE SCHEDULE (Table 3-C of the 1997 Uniform Administrative Code) (Continued) Ventilation and Exhaust
Each 7.47 $
Each 10.97 $
Each 10.97 $
Incinerators
Each 18.75 $
Each 14.94 $
Miscellaneous
Each 10.97 $
3. PLAN REVIEW FEES
Mechanical Plan Review Fees (Section 304.3 of the 1997 Uniform Administrative Code)
4. OTHER INSPECTION AND FEES (Table 3-C of the 1997 Uniform Administrative Code) Per Hour
(Minimum Charge -
2 Hours)
$ * 50.99
Per Inspection 50.99 $ *
Per Hour
(Minimum Charge -
1/2 Hour)
$ * 50.99
Per Hour
(Minimum Charge -
1/2 Hour)
$ * 50.99
Reinspection fees assessed under provision of Section 305.8 of the 1997 Uniform Administrative Code
For each ventilation system which is not a portion of any heating or airconditioning system authorized by a permit For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood
For the installation or relocation of each domestic-type incinerator For the installation or relocation of each commercial or industrial-type incinerator
For each appliance or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories, or for which their fee is not listed in the table
Plan Review Fee
25% of the Mechanical Permit Fee as per Table 3-A of the 1997 Uniform Building Code
(As shown above in Item 2)
Reinspections outside of normal business hours
For each ventilation fan connected to a single duct
** Actual costs include administrative and overhead costs.
Inspections for which no fee is specifically indicated
Additional plan review required by changes, additions or revisions to plans or to plans for which an initial review has been completed
Outside Consultant Fees Actual Costs**
* Or the total hourly cost to the juriscition, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 10 18.a
Packet Pg. 887 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 60 - Plumbing Permits
Item/Description Basis 2022/2023 Fee
1. PLUMBING PERMIT ISSUANCE FEE (As Per Table 3-D of the 1997 Uniform Administrative Code) Each 24.21 $
Supplemental Electrical Permit Issuance Fee Each 7.47 $
2. PLUMBING PERMIT - UNIT FEE SCHEDULE (As Per Table 3-D of the 1997 Uniform Administrative Code) Fixtures and Vents
Each 10.09 $
Each 4.89 $
Sewers, Disposal Systems and Interceptors
Each 25.39 $
Each 38.37 $
Each 76.74 $
Each 20.50 $
Each 10.09 $
Water Piping and Water Heaters (For vents only, see Mechanical Permits Fee Table) Each 4.89 $
Each 12.67 $
Gas Piping Systems
1 to 5 Outlets 6.33 $
Each >5 1.13 $
Lawn Sprinklers, Vacuum Breakers and Backflow Protection Devices Each 15.24 $
Each $ 12.67
Each $ 2.32
Each $ 12.67
Each $ 25.39
Swimming Pools
Each $ 93.99
Each $ 62.57
Each $ 62.57
Each $ 31.16
Miscellaneous
Each 10.09 $
3. PLAN REVIEW FEES
Plumbing Plan Review Fees (As Per Section 304.3 of the 1997 Uniform Building Code) For each private sewage disposal system
Plumbing Permit Issuance Fee
For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping and backflow protection thereof) For repair or alteration of drainage or vent piping, each fixure For each building sewer and each trailer park sewer
For each cesspool
2 inches (50.8 mm) or smaller
For each industrial waste pretrement interceptor, including its trap and vent, excepting kitchen type grease interceptors functioning as fixure traps
Rainwater systems - per drain (inside building)
For installation, alteration, or repair of water piping or water-treating equipment, or both, each
For each water heater including vent
For each gas piping system of one to five outlets
For each additional outlet over five, each
For each lawn sprinkler system on any one meter, including backflow protection devices thereof
For atmospheric Type Vacuum breakers or backflow protection devices not included in the above fee 1 to 5 Devices
>5 Devices, each
For each backflow-protection device other than atmospheric-type vaccum breakers Over 2 inches (50.8 mm)
Public Pool
Public Spa
Private Pool
Private Spa
For each appliance or piece of equipment regulated by the Plumbing Code but not classed in other appliance categories, or for which no fee is listed
Plan Review Fee
25% of the Plumbing Permit Fee as per Table 3-A of the 1997 Uniform Building Code
(As shown above in Item 2)
11 18.a
Packet Pg. 888 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 60 - Plumbing Permits
Item/Description Basis 2022/2023 Fee
4. OTHER INSPECTIONS AND FEES (As Per Table 3-D of the 1997 Uniform Building Code) Per Hour (Minimum
Charge - 2 Hours) $ * 50.99
Per Inspection 50.99 $ *
Per Hour (Minimum
Charge - 1/2 Hour) $ * 50.99
Per Hour (Minimum
Charge - 1/2 Hour) $ * 50.99 Additional plan review required by changes, additions or revisions to plans or to plans for which an initial review has been completed
Reinspections outside of normal business hours
Reinspection fees assessed under provision of Section 305.8 of the 1997 Uniform Administrative Code
Inspections for which no fee is specifically indicated
Outside Consultant Fees Actual Costs**
* Or the total hourly cost to the juriscition, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. ** Actual costs include administrative and overhead costs. 12 18.a
Packet Pg. 889 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 70 - Elevator Permits
Item/Description Basis 2022/2023 Fee
1. ELEVATOR PERMIT FEES (Table 3-E of the 1997 Uniform Administrative Code) New Installation
Passenger or Freight Elevator, Escalator, Moving Walk
Each $ 91.67
Each
$91.67 plus $1.70 for each
$1,000 or fraction thereof over
$40,000
Dumbwaiter or Private Residence Elevator
Each $ 25.75
Each
$25.75 plus $1.70 for each
1,000 or fraction thereof over
$10,000
Major Alterations
2. ELEVATOR ANNUAL CERTIFICATES OF INSPECTIONS FEES (Table 3-F of the 1997 Uniform Administrative Code) For Each Elevator Each $ 42.75
For Each Escalator or Moving Walk Each $ 25.39
For Each Commercial Dumbwaiter Each $ 17.25
(Each escalator or moving walk unit powered by one motor shall be considered as a separate escalator or moving walk.) charges for the first year's annual inspection fee and charges for electrical equipment on the conveyance side of the disconnect switch
Up to and including $40,000 of valuation
Over $40,000 of valuation
Up to and including $10,000 of valuation
Over $10,000 of valuation
Fees for major alterations shall be set forth in Table 3-A (Building Permit Fees). Installation fees include 13 18.a
Packet Pg. 890 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 80 - Grading Permits
Item/Description Basis 2022/2023 Fee
1. GRADING PERMIT FEES1 (Table 3-H of the 1997 Uniform Administrative Code) # of Cubic Yards 24.21 $
# of Cubic Yards 38.11 $
# of Cubic Yards
# of Cubic Yards
# of Cubic Yards
# of Cubic Yards
2. OTHER INSPECTIONS AND FEES (Table 3-H of the 1997 Uniform Administrative Code) Per Hour
(2 Hr. Minimum) $ 52.02 2
Per Inspection 52.02 $ 2
Per Hour
(1/2 Hr. Minimum) $ 52.02 2
3. GRADING PLAN REVIEW FEES (Table 3-G of the 1997 Uniform Administrative Code) # of Cubic Yards
# of Cubic Yards 24.21 $
# of Cubic Yards 38.11 $
# of Cubic Yards 50.73 $
# of Cubic Yards
# of Cubic Yards
# of Cubic Yards
If Required 52.02 $ *
$334.75 for the first 10,000 cubic
yards plus $67.98 for each additional
10,000 cubic yards or fraction thereof
100,001 cubic yards (76,456 m3) or more
$946.57 for the first 100,000 cubic
yards plus $37.60 for each additional
10,000 cubic yards or fraction thereof
Inspection outside of normal business hours
$38.11 for the first 100 cubic yards
plus $18.03 for each additional 100
cubic yards or fraction thereof
1,001 to 10,000 cubic yards (765.3 to 7,645.5 m3)
$200.34 for the first 10,000 cubic
yards, plus $14.94 for each additional
1,000 cubic yards or fraction thereof
10,001 to 100,000 cubic yards (7,646.3 to 76,455 m3)
50 cubic yards (38.2 m3) of less No Fee
$277.84 for the first 100,000 cubic
yards plus $13.65 for each additional
10,000 cubic yards or fraction thereof
200,001 cubic yards (152,912 m3) or more
$414.32 for the first 200.000 cubic
yards plus $7.47 for each additional
10,000 cubic yards or fraction thereof
51 to 100 cubic yards (40 to 76.5 m3)
101 to 1,000 cubic yards (77.2 to 764.6 m3)
1,001 to 10,000 cubic yards (765.3 to 7,645.5 m3)
10,001 to 100,000 cubic yards (7,646.3 to 76,455 m3)
$50.73 for the first 10,000 cubic yards
plus $25.24 for each additional 10,000
cubic yards or fraction thereof
50 cubic yards (38.2 m3) of less
51 to 100 cubic yards (40 to 76.5 m3)
101 to 1,000 cubic yards (77.2 to 764.6 m3)
Reinspection fees assessed under provision of Section 305.8 Inspections for which no fee is specifically indicated
Additional plan review required by changes, additions or revisions to plans or to plans for which an initial reivew has been completed 100,001 to 200,000 cubic yards (76,456 to 152,911 m3)
14 18.a
Packet Pg. 891 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 80 - Grading Permits
Item/Description Basis 2022/2023 Fee
1 2
3 * Or the total hourly cost to the juriscition, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.
The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project.
Or the total hourly cost to the juriscition, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.
Plus any additional outside consultant fees, if applicable. 15 18.a
Packet Pg. 892 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 85 - Erosion Control, Stormwater Pollution Prevention Plan (SWPPP) and Water Quality Management Plan (WQMP)
Item/Description Basis 2022/2023 Fee
1. EROSION CONTROL / STORMWATER POLLUTION PREVENTION PLAN (SWPPP) PLAN REVIEW FEES Up to 2 Reviews 400.00 $
Up to 2 Reviews 650.00 $ 3
Per Hour
(Each Additional
Review >2) /
Minimum 1 Hour
$ 85.00 3
2. WATER QUALITY MANAGEMENT PLAN (WQMP) PLAN REVIEW FEES Up to 2 Reviews $ 100.00 3
Up to 2 Reviews
$ 200.00 3
Up to 2 Reviews $ 250.00 3
Up to 2 Reviews $ 250.00 3
Per Hour
(Each Additional
Review >2) /
Minimum 1 Hour
$ 85.00 3
3. Annually
(Includes an initial
inspection and one
(1) re-inspection.)
$125 + Treatment Inspection
Fee(s), if applicable.
3 Per Hour
(Each Additional
inspection >2) /
Minimum 1 Hour
$ 85.00 3
4. Annually
(Includes an initial
inspection and one
(1) re-inspection.)
$75 + Personnel/Third-Party
Contractor's Fees
3*
Annually
(Includes an initial
inspection and one
(1) re-inspection.)
$75 + Personnel/Third-Party
Contractor's Fees
3*
Each Inspection >2 $75 + Personnel/Third-Party
Contractor's Fees
3*
3 Plus any additional outside consultant fees, if applicable. *
WQMP - Additional Reviews >2
WATER QUALITY MANAGEMENT PLAN (WQMP)
Erosion Control Plan - Plan Check Fees (< 1 acre)
Stormwater Pollution Prevention Plan (SWPPP) - Plan Check Fees (Projects Which Are ≥1 Acre)
Single Family Residential (SFR) WQMP
Priority Site Specific Project
Regulated WQMP
Erosion Control Plan & SWPPP - Additional Reviews >2
Non-Regulated WQMP
(>2,500 Square Feet of Impervious Surface)
Regulated WQMP Recorded Facilities
Annual Post-Construction BMP Inspection >2
WATER QUALITY MANAGEMENT PLAN (WQMP)
Manhole/Monitoring Port (Removing Cover Visual Inspection) Or the total hourly cost to the juriscition, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.
Underground Chambers, Dry Wells, Pretreatement Systems
(Requiring Entry, Camera, Monitoring or Other Specialized Equipment)
Annual Manhole/Monitoring Port or Underground
BMP Inspection >2
16 18.a
Packet Pg. 893 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 85 - Erosion Control, Stormwater Pollution Prevention Plan (SWPPP) and Water Quality Management Plan (WQMP)
Item/Description Basis 2022/2023 Fee
5. ADMINISTRATIVE CITATIONS (VIOLATIONS - WATER QUALITY MANAGEMENT PLAN (WQMP)) Administrative Citations (with Fines) Per Section 10 of the Master Fee Schedule - Administrative Citations
17 18.a
Packet Pg. 894 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 90 - Code Compliance
Item/Description Basis 2022/2023 Fee
1. CODE COMPLIANCE FEES
Per Occurrence Actual Costs
Per Request 100.00 $
Per Occurrence 175.00 $
2. CODE COMPLIANCE PERSONNEL
Code Compliance Personnel Hourly (1 Hour Min.) As Per Section 210 - City Personnel
3. RENTAL INSPECTION FEES
Rental Inspection Per Occurrence 100.00 $
Each Addtil. Unit $ 10.00
Nuisance Abatement
Code Compliance Appeal
Letter from City Prosecutor
Please note any changes from the 2021/2022 Master Fee Schedule are highlighted in green. 18 18.a
Packet Pg. 895 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 95 - Cannabis Regulations
Item/Description Basis 2022/2023 Fee
1. CANNABIS LICENSE ADMINISTRATIVE FEE
Per Application $ 18,644.85
Per Occurrence $ 18,644.85
Quarterly $ 550.00
Annually $ 14,107.85
Per Application $ 18,644.85
Planning Commission - Notice of Public Hearing Based on Provider's Rates Actual Cost
2. ADMINISTRATIVE CITATIONS
$ 250.00
$ 500.00
$ 1,000.00
3. INSPECTIONS AND FEES
Per Occurrence $ 550.00
First Citation
Second Citation
Third and Subsequent Citations
Reinspection Fee (3rd Inspection + Any Additional)
Please note any changes from the 2021/2022 Master Fee Schedule are highlighted in green.
Initial Application (Initial + 2 Additional Reviews)
Application Resubmittal
Quarterly Compliance Inspection (Initial + 1 Reinspection) Renewal
Entity Transfer or Modification
19 18.a
Packet Pg. 896 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 100 - Development Impact Fees
Item/Description Basis 2022/2023 Fee
1. DEVELOPMENT IMPACT FEES
Single-Family Dwelling Per Unit 4,526.45 $
Multi-Family Dwelling Per Unit 10,041.00 $
Commercial Lodging Per Unit 2,029.00 $
Commercial/Office Uses Per Square Foot 3.5434 $
Industrial Uses Per square Foot 2.4751 $
*Plus Fire Impact Fees
CIRCULATION
SYSTEM –
LOCAL
STREETS,
SIGNALS &
BRIDGES
$452.65/
$316.85
$1,104.51/
$803.28
Commercial
Lodging Per Room $2,029 $202.90 $1,724.65 $60.87 $40.58 $0 / $0 $0 Commercial/
Office Uses
Per
Square
Foot
$3.5434 $0.0709 $3.0828 $0.2835 $0.1062 $0 / $0 $0
Industrial Uses
Per
Square
Foot
$2.4751 $0 $2.1533 $0.2228 $0.0990 $0 $0
Detached Dwelling Units $785/Dwelling Unit
Attached Dwelling Units $606/Dwelling Unit
Mobile Home Dwelling Units (in Parks) $494/Dwelling Unit Commercial Lodging Units $446/Lodging Unit
Commercial/Office Uses $0.053/Square Foot
Industrial/Manufacturing Uses $0.027/Square Foot
DEVELOPMENT IMPACT FEES
FIRE IMPACT FEES
Land Use Development Impact Fees
DEVELOPMENT IMPACT FEES
BROKEN DOWN BY CATEGORIES OF SERVICES
BREAKDOWN OF IMPACT FEE AMONG CATEGORIES OF SERVICE
LAND USE MEASURE IMPACT
RATE
LAW
ENFORCEMENT
STORM DRAINAGE
COLLECTION
SYSTEMS
GENERAL
FACILITIES
PUBLIC
MEETING /
AQUATIC
FACILITES
PARKLAND & OPEN
SPACE ACQUISITION
Single-Family
Dwelling Per Unit $4,526.45 $267.53 $1,086.35 $407.38 $135.79 $1,859.90 Multi-Family Per Unit $10,041 $2,200.82 $2,209.02 $100.41 $401.64 $3,221.32 20 18.a
Packet Pg. 897 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 110 - Encroachment Permits
Item/Description Basis 2022/2023 Fee
1. ENCROACHMENT PERMIT ISSUANCE FEE
Each 56.48 $ *
Underground Service Alert Fee Each 2.76 $ *
2. ENCROACHMENT PERMIT - CONCRETE WORK
Driveways Each 56.48 $ *
Residential Sidewalks (Based on Linear Feet)
Total Length 56.48 $ *
Total Length 84.72 $ *
Total Length 112.96 $ *
# of Hours ( 2 Hr. Min.) $112.96 for first 2 hours of inspections and $56.48 per hour or fraction thereof
*
Commercial Sidewalk (Based on Linear Feet)
Total Length 56.48 $ *
Total Length 112.96 $ *
Total Length 141.20 $ *
Total Length 155.32 $ *
# of Hours ( 3 Hr. Min.) $155.32 for first 3 hours of inspections and $56.48 per hour thereafter
*
Curb / Curb and Gutter (Based on Linear Feet)
Total Length 70.60 $ *
Total Length 98.84 $ *
Total Length 127.08 $ *
# of Hours ( 2 Hr. Min.) $127.08 for first 2 hours of inspections and $56.48 per hour or fraction thereof
*
Concrete Pavement (Based on Square Footage)
Total Length 56.48 $ *
Total Length 70.60 $ *
Total Length 84.72 $ *
Total Length 112.96 $
*
# of Hours ( 2 Hr. Min.) $112.96 for first 2 hours of inspections and $56.48 per hour or fraction thereof
*
Inlet / Outlet Structures Each $ 141.20 *
Junction Structures Each $ 141.20 *
Spandrals / Cross Gutters Each $ 84.72 *
3. ENCROACHMENT PERMIT FEES - ASPHALT WORK
Asphalt Pavement (Based on Square Footage for excavations of pits, bell holes or no-cut moritoriums.) Total Length 112.96 $ *
Total Length 127.08 $ *
* Plus consultant fees, if applicable.
> 1,000 feet
1 Sq. Foot to 25 Sq. Feet
601 feet to 1,000 feet
Encroachment Permit Issuance Fee
0 feet to 300 feet
301 feet to 600 feet
601 feet to 1,000 feet
> 1,000 feet
0 to 10 feet
11 feet to 300 feet
301 feet to 600 feet
601 feet to 1,000 feet
> 1,000 feet
0 feet to 300 feet
26 Sq. Feet to 100 Sq. Feet
101 Sq. Feet to 1,000 Sq. Feet
1,001 Sq. Feet to 2,000 Sq. Feet
>2,000 Sq. Feet
301 feet to 600 feet
1 Sq. Foot to 25 Sq. Feet
26 Sq. Feet to 100 Sq. Feet
21 18.a
Packet Pg. 898 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 110 - Encroachment Permits
Item/Description Basis 2022/2023 Fee
3. ENCROACHMENT PERMIT FEES - ASPHALT WORK (Continued)
Total Length 141.20 $ *
Total Length 155.32 $ *
# of Hours
( 2 Hr. Min.)
$155.32 for first 3 hours of inspections and $56.48
per hour or fraction thereof
*
Asphalt Pavement (Based on Linear Feet - Maximum 2 Feet Wide. Applies only if the project is not in a no-cut moratorium.) Total Length 112.96 $ *
Total Length 141.20 $ *
Total Length 169.44 $ *
# of Hours
( 2 Hr. Min.)
$169.44 for first 3 hours of inspections and $56.48
per hour or fraction thereof
*
Pavement Preservation - Patch Repair (Based on Square Footage for excavation of pits, bell holes or no-cut moratoriums.) Total Length 56.48 $ *
Total Length 70.60 $ *
Total Length 84.72 $ *
Total Length 98.84 $ *
Pavement Preservation (Based on Square Footage)
# of Hours
( 2 Hr. Min.)
$98.84 for first 2 hours of inspections and $56.48
per hour or fraction thereof
*
Total Length 112.96 $ *
Total Length 127.08 $ *
Total Length 141.20 $ *
# of Hours
( 2 Hr. Min.)
$141.20 for first 3 hours of inspections and $56.48
per hour or fraction thereof
*
4. Electrical
Street Light Each $ 84.72 *
Traffic Signal Per Hour $ 56.48 *
System Components Per Hour $ 56.48 *
Pipe/Conduit
Total Length 112.96 $ *
Total Length 141.20 $ *
Total Length 169.44 $ *
# of Hours
( 2 Hr. Min.)
$169.44 for first 3 hours of inspections and $56.48
per hour or fraction thereof
*
5. Trenches / Excavations
Trenches - All Work Done Underneath Pavement (Based on Square Footage) Total Length 56.48 $
Total Length 70.60 $
* Plus consultant fees, if applicable.
0 feet to 300 feet
0 feet to 300 feet
301 feet to 600 feet
601 feet to 1,000 feet
> 1,000 feet
1 Sq. Foot to 25 Sq. Feet
1,001 Sq. Feet to 2,000 Sq. Feet
>2,000 Sq. Feet
Pavement Preservation (Based on trenches, minimum of 8' wide or lane line to lane line or edge of pavement to lane line, except in no-cut moratoriums.)
>2,000 Sq. Feet
301 feet to 600 feet
101 Sq. Feet to 1,000 Sq. Feet
1,001 Sq. Feet to 2,000 Sq. Feet
26 Sq. Feet to 100 Sq. Feet
101 Sq. Feet to 1,000 Sq. Feet
601 feet to 1,000 feet
> 1,000 feet
1 Sq. Foot to 25 Sq. Feet
26 Sq. Feet to 100 Sq. Feet
301 feet to 600 feet
601 feet to 1,000 feet
> 1,000 feet
0 feet to 300 feet
22 18.a
Packet Pg. 899 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 110 - Encroachment Permits
Item/Description Basis 2022/2023 Fee
5. Trenches / Excavations (Continued)
Total Length 84.72 $ *
Total Length 98.84 $ *
# of Hours
( 2 Hr. Min.)
$98.84 for first 2 hours of inspections and $56.48
per hour or fraction thereof
*
Trenches - All Work Done Underneath Pavement (Based on Linear Feet) Total Length 112.96 $ *
Total Length 127.08 $ *
Total Length 141.20 $ *
# of Hours
( 2 Hr. Min.)
$141.20 for first 3 hours of inspections and $56.48
per hour or fraction thereof
*
6. Utilities
Manholes Per Hour $ 84.72 *
Valves Per Hour $ 56.48 *
Meters Per Hour $ 56.48 *
Other Components Per Hour $ 56.48 *
Pipe/Conduit
Total Length $ 112.96 *
Total Length $ 141.20 *
Total Length $ 169.44 *
# of Hours
( 2 Hr. Min.)
$169.44 for first 3 hours of inspections and $56.48
per hour or fraction thereof
*
7. Non-Compliance Fees - Assessed to work which exceeds the Encroachment Permit's Expiration Date Assessed Daily for Each Day
Past Permit Expiration Date
until Permit is Finaled
$ 250.00
*
8. Environmental
Storm Water & Water Pollution Control Per Hour 56.48 *
9. Plan Review
Traffic Control Plan Review Per Hour 56.48 $ *
Improvement Plan Review Per Hour 56.48 $ *
10. Photocopies/Copies
Large Format Copies Each 5.00 $ *
11. Other Inspections and Fees
CCTV Review (Staffing Cost) Per Hour 65.00 $
* Plus consultant fees, if applicable.
Please note any changes from the 2021/2022 Master Fee Schedule are highlighted in green. >2,000 Sq. Feet
301 feet to 600 feet
601 feet to 1,000 feet
> 1,000 feet
101 Sq. Feet to 1,000 Sq. Feet
1,001 Sq. Feet to 2,000 Sq. Feet
Non-Compliance Fee
0 feet to 300 feet
301 feet to 600 feet
601 feet to 1,000 feet
> 1,000 feet
0 feet to 300 feet
23 18.a
Packet Pg. 900 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 120 - Film Office
Item/Description Basis 2022/2023 Fee
1. FILM OFFICE PERMIT FEES
Each 350.00 $
Each 200.00 $
Film Office Encroachment Permit Each 125.00 $
Rider Each 125.00 $
2. FACILITY AND INFRASTRUCTURE RENTAL FEES
Per Day 500.00 $
Per Day 250.00 $
Per Day 100.00 $
City-Owned Building (Excludes Park & Rec Facilities) Per Day 350.00 $ City-Owned Vacant Property Per Day 350.00 $
City-Owned Parking Lot Per Day 500.00 $
3. CONSULTANT AND PERSONNEL
Consultant Fee Actual Costs
Per Hour As Per Section 210 - City Personnel
Please note any changes from the 2021/2022 Master Fee Schedule are highlighted in green.
City Personnel
Film Permit
Commercial Photography Permit
Harvey House
Harvey House - Student Rate
Public Right-of-Way
24 18.a
Packet Pg. 901 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 130 - Barstow Fire Protection District
Item/Description Basis 2022/2023 Fee
1. FIRE PERMIT FEES
Aerosol Products Annual 90.00 $
Aircraft Refueling Vehicles Annual 45.00 $
Aircraft Repair Hanger Annual 90.00 $
Asbestos Removal Each Occurrence 50.00 $
Automobile Wrecking Yard Annual 90.00 $
Bonfires or Rubbish Fires Annual 10.00 $
Bowling Pin or Bowling Alley Refinishing Each Occurrence 45.00 $ Candles or Open Flames in Assembly Area Annual 45.00 $
Carnivals, Circuses or Fairs Each Occurrence 90.00 $
Cellulose Nitrate Film Annual 45.00 $
Cellulose Nitrate Storage Annual 90.00 $
Combustible Fiber Storage Annual 90.00 $
Compressed Gases / Systems Annual 45.00 $
Cryogens Annual 90.00 $
Dry Cleaning Plants Annual 90.00 $
Dust Producing Operations Annual 90.00 $
Excavations Near Hazardous Materials Pipelines
Each Occurrence 90.00 $
Explosives or Blasting Agents
Each Occurrence 90.00 $
Annual 90.00 $
Fire Hydrant Control Valve (Eddie Valve) Each Occurrence 10.00 $ Public Fireworks Display Each Occurrence 90.00 $
Flammable or Combustible Liquid
Annual 90.00 $
Each Occurrence 90.00 $
Flammable or Combusitlbe Liquids and Tanks
Annual 50.00 $
Per Site 693.00 $
Per Site 693.00 $
Annual 50.00 $
Fruit Ripening Annual 50.00 $
Fumigation or Thermal Insecticidal Fogging Each Occurrence 50.00 $ Motor Vehicle Repair Garage Annual 90.00 $
Hazardous Materials Annual 135.00 $
High Toxic Pesticides Annual 135.00 $
High Piled Combustible Stock Annual 90.00 $
Junk Yards Annual 90.00 $
Combustible Materials Storage Annual 90.00 $
Liquified Petroleum Gases/Dispensing/Storage Annual 135.00 $ LPG Powered Vehicle/Equipment in Assembly Building Annual 50.00 $ Lumber Yards Annual 90.00 $
Magnesium Working Annual 90.00 $
Mall, Covered Annual 135.00 $
Matches Annual 90.00 $
Motor Vehicle Fuel Dispensing Annual 50.00 $
Oil and Natural Gas Wells Annual 135.00 $
Organic Coatings Annual 135.00 $
Ovens, Industrial Baking or Drying Annual 90.00 $
Parade Floats Each Occurrence 25.00 $
Places of Assembly
Annual 50.00 $
Annual 90.00 $
Annual 135.00 $
Above Ground or Underground Tank Install
6" in Diamater or Larger
Use
Pipeline Operation
Pipeline Excavation
Store
Manufacture, Possess, Store, Sell, Disposal
Underground Tank Removal
Above Ground Fuel Tanks
Occupant Load <300
Occupant Load 300 to 999
Occupant Load >1,000
*Plus Consultant Fees 25
18.a
Packet Pg. 902 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 130 - Barstow Fire Protection District
Item/Description Basis 2022/2023 Fee
1. FIRE PERMIT FEES (Continued)
Radioactive Materials Annual 135.00 $
Refrigeration Equipment Annual 50.00 $
Spraying or Dipping Annual 90.00 $
Tank Vehicles Annual 50.00 $
Tents and Air Supported Structures Annual 50.00 $
Tire Recapping Annual 50.00 $
Waste Material handling Plant Annual 90.00 $
Welding and Cutting Operations
Annual 50.00 $
Each Occurrence 50.00 $
Annual 50.00 $
2. PLAN REVIEW AND ENFORCEMENT
New Construction / Building Projects Each 693.00 $
Tenant Improvement Plan Each 165.00 $
Building and Zoning Compliance Review Each 50.00 $
NFPA 13 Sprinkler Systems (Commercial)
$ 435.00
$ 591.00
$ 1,340.00
$ 1,340.00
$ 60.00
Underground Plans (Not Part of the Sprinkler System Plan) 120.00 $ Re-Submittal of Plans
$ * 75.00
Site Re-Inspection
$ 75.00
NFPA 13D & 13R Sprinkler Systems (Residential)
Square Feet of Covered Building Area
$ 355.00
$ 496.00
$ 1,110.00
$ 1,110.00
$ 50.00
Underground Plans 120.00 $
Re-Submittal of Plans
$ * 75.00
Site Re-Inspection
$ 75.00
Minor Sprinkler System Modifications
Per Head 15.00 $
Sprinkler System Modification
Required Hydraulic Calculation and/or 6 to 50 Heads Each System 190.00 $ * Fire Flow Testing Each Test 125.00 $
Special Extinguishing Systems
$ 100.00
$ * 210.00
Cooking Appliance Hood and Duct Systems $ 250.00
Alarm Systems $ * 250.00
Standpipe Systems
Square Feet of Covered Building Area
$ 355.00
$ 496.00
$ 1,110.00
50,001 to 100,000
Permanent Welding Shop
On-Site Welding
Portable Welding
Square Feet of Covered Building Area
<10,000
10,001 to 50,000
Not Requiring Hydraulic Calculation, <5 Heads
100,001 and Over
Each Additional 100,00 Sq. Ft. or Portion Thereof
Charged for 2nd and Subsequent Re-Submittals
Each Inspection After 8
<10,000
10,001 to 50,000
50,001 to 100,000
> 100,001 PLUS:
Each Additional 10,000 Sq. Ft. or Portion Thereof
Charged for 2nd and Subsequent Re-Submittals
Each Inspection After 8
Pre-Engineered Systems ≤ 2 Heads
All Other Systems
<10,000
10,001 to 50,000
50,001 to 100,000
*Plus Consultant Fees 26
18.a
Packet Pg. 903 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 130 - Barstow Fire Protection District
Item/Description Basis 2022/2023 Fee
2. PLAN REVIEW AND ENFORCEMENT (Continued)
$ 1,110.00
$ 50.00
Re-Submittal of Plans
$ * 75.00
Site Re-Inspection
$ * 75.00
Spray Booths Each 200.00 $
Planning Projects
Building Site Plans Per Building 175.00 $
Subdivision/Tract Maps
$ 454.00
$ 908.00
$ 40.00
Minor Subdivisions (≤ 5 Lots) $ 256.00
Mobile Home Parks Per Space or Lot 25.00 $
3. INSPECTIONS / ENFORCEMENTS
Inspections Outside Normal Business Hours Each Occurrence 125.00 $ Demand Inspections Each Occurrence 85.00 $
Re-Inspections (One Re-Inspection is at No Charge) 2nd & Subsequent 50.00 $ Special Event Inspections Each Occurrence 85.00 $
Self Inspection (Occupancies Who Fail to Conduct Own Inspection) Each Occurrence 85.00 $ State/County Clearnace Inpsections
Each Occurrence 50.00 $
Each Occurrence 180.00 $
Each Occurrence 360.00 $
Each Occurrence 360.00 $
Weed Abatement Administrative Cost (+Actual Clean-Up Costs) Per Parcel 150.00 $
4. SPECIAL CLEARANCES
High Rise Permit (Over 3 Stories) Per Story / Annually 85.00 $ Block Party Permit Each Occurrence 15.00 $
Christmas Treet Lot Permit Each Occurrence 45.00 $
Haunted House Permit Each Occurrence 45.00 $
Pumpkin Patch Permit Each Occurrence 45.00 $
Rifle Range Permit Annually 45.00 $
Airport, Helicopter, Helistop, Heliport Permit Annually 155.00 $ Private School Permit Annually 120.00 $
Woodworking Plant Permit Annually 120.00 $
Hotels/Motels/Multi-Family Housing of 3 Units or More Annually $100 Plus $10 Per Unit
5. STANDBY FEES
Fire Company Standby at Special Events Per Event Actual Cost Inspector/Staff Stnadby at Special Events Per Event Actual Cost Standby at Non-Emergency Helicopter Landings Per Event Actual Cost Standbys Requested by City of Barstow Police Department Per Event No Cost All Other Standbys Not Listed Above Per Event Actual Cost
6. PHOTOCOPIES / COPIES
Response, Cause and Origin Reports
First Page 5.00 $
Each Subsequent Page 0.25 $
Final Tract
> 100,001
Each Additional 10,000 Sq. Ft. or Portion Thereof
Charged for 2nd and Subsequent Re-Submittals
Each Inspection After 2
Tentative Tracts ≤ 300 Lots
Tentative Tracts > 300 Lots
Childcare (Except Daycare Facilities >7 Children)
Care Facilities (Except Residential Care with ≤6 Persons) 7 to 12 Persons
Above 12 Persons
Hospitals
*Plus Consultant Fees 27
18.a
Packet Pg. 904 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 130 - Barstow Fire Protection District
Item/Description Basis 2022/2023 Fee
6. PHOTOCOPIES / COPIES (Continued)
Codes, Ordinances, Resolutions, Polices, Board Agendas or General Information First Page 2.00 $
Each Subsequent Page 0.25 $
Fire Board Meeting Agendas
7. MISCELLANEOUS FEES
Technical Consultation Requiring Outside Consultant Per Occurrence 85.00 $ Techanical Research / Consultation (In-House) - 1 Hour Minimum Per Hour 85.00 $ Code, Ordinance, Hazard Abatement Appeal Each Item 85.00 $ Research to Create Documents or Statistics - 1 Hour Minimum Per Hour 35.00 $ Administrative Fee (In Addition to Response Charges) Per Occurrence 47.00 $ Fire Letters (Single Residences) Per Request 50.00 $
8. PENALTIES
Failure to Meet for Scheduled Inspection Per Occurrence 85.00 $ Failure to Notify of Fumigation 24 Hours in Advance Per Occurrence Double Fee Failure to Obtain Permit Per Occurrence Double Fee
Failure to Renew Permit Per Occurrence Double Fee
Returned Checks Per Occurrence 25.00 $
Interest Rate on Outstanding Cost Recovery Invoices Per Month 1.5% of Balance
9. RESPONSES
Response Types
Each Occurrence
After 2
Actual Cost
Per Appendix A
Each Occurrence Actual Cost
Per Appendix A
Each Occurrence Actual Cost
Per Appendix A
Each Occurrence Actual Cost
Per Appendix A
Each Occurrence Actual Cost
Per Appendix A
Each Occurrence
Actual Cost Per Appendix
A, but not to exceed
insurance company
reimbursement amount
Each Occurrence Actual Cost
Per Appendix A
Each Occurrence
Actual Cost Per Appendix
A, plus any additional costs
to mitigate the emergency
Fires in mobile properties - residents of the Barstow Fire Protection District
Available on City's Website, www.barstowca.org. Otherwise, see photocopy fees Response to more than 2 fire alarm system signals during a rolling twelve (12) month period due to working on system or testing without notifying Fire District
Malicious False Alarms
Response to fire alary system signals due to negligence, cooking, tampering, construction or modifying building
Response to false alarms due to system malfuntion in excess of two (2) false alarms in one (1) year
Response to Federal, State or County Facilities
Fire in mobile properties - non-residents of the Barstow Fire Protection District
Any emergency response caused by negligence, willfully
malicious acts, arson activitiy or any illegal action
*Plus Consultant Fees 28
18.a
Packet Pg. 905 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 130 - Barstow Fire Protection District
Item/Description Basis 2022/2023 Fee
9. RESPONSES (Continued)
Response Types
Each Occurrence
Actual Cost Per Appendix
A, plus any additional costs
to mitigate the emergency,
but not to exceed insurance
company reimbursement
amount
Each Occurrence
Actual Cost Per Appendix
A, plus any additional costs
to mitigate the emergency
Each Occurrence No Cost
Each Occurrence
Actual cost per Appendix
A, plus any additional costs
for medical supplies and/or
therapies
Each Occurrence
Actual costs per Appendix
A, plus any additional costs
to mitigate the emergency
Each Occurrence Actual Cost
Per Appendix A
Vehicles
Medic Engine Per Hour 59.00 $
Engine Per Hour 59.00 $
Truck Per Hour 65.55 $
Water Tender Per Hour 39.33 $
Hazmat Per Hour 39.33 $
Staff Vehicles / Utility Per Hour 19.67 $
Personnel
Fire Chief Per Hour 134.60 $
Assistant Fire Chief Per Hour 109.49 $
Fire Captain Per Hour 61.44 $
Fire Engineer Per Hour 50.92 $
Firefighter/Paramedic Per Hour 47.81 $
Limited Term Firefighter Per Hour 15.50 $
PCF Firefighter Per Hour 13.21 $
Supplies and Expendables
Covers actual costs of consumable supplies not restocked in the field. Costs adjusted and revised each 6 month period.
Hazardous materials response
Public, private or government staffing assistance
APPENDIX A
Structure fire responses - residents of the Barstow Fire Protection District
Structure fire response - non-residents of the Barstow Fire Protection District
Medical aid / traffic collision responses - residents of the Barstow Fire Protection District
Medical aid / traffic collision responses - non-residents of the Barstow Fire Protection District
*Plus Consultant Fees 29
18.a
Packet Pg. 906 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 140 - Solid Waste
Item/Description Basis 2022/2023 Fee
1. SOLID WASTE FEES
Per Application
Performance Security of
$250.00 or $0.20 per Sq. Ft.,
whichever is greater*
* Refundable if requirement of 65% diversion is met and the proper supporting documentation is provided to the City of Barstow Construction Waste Management Plan
30 18.a
Packet Pg. 907 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 150 - Household Hazardous Waste Bin
Item/Description Basis 2022/2023 Fee
1. HOUSEHOLD HAZARDOUS WASTE BIN - Residential Property Owners (Non-Commercial Waste) Barstow Area Residents Only (Materials Generated as Part of Maintaining Your Home) Household Hazardous Waste Collection and Disposal Services As Generated No Charge
As Generated No Charge
As Generated No Charge
As Generated No Charge
As Generated No Charge
As Generated No Charge
As Generated No Charge
As Generated No Charge
As Generated No Charge
As Generated No Charge
As Generated No Charge
Toner / Laser Cartridges
Expired Medication
Cooking Oil
Sharps Containers / Needles
Items Containg Mercury (i.e. Thermometers).
Hobby / Pool Supplies
Flourescent Light Tubes
All Batteries
Paint Products / Chemical Cleaners
Household Generated Motor Oil / Oil Filters
Anti-Freeze
31 18.a
Packet Pg. 908 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 160 - Barstow Humane Society Fees
Item/Description Basis 2022/2023 Fee
1. DOG LICENSE FEES
Each Dog / Per Month 5.00 $
Spayed or Neutered Dog
Each Dog / Per Month 1.25 $
Each Dog / Per Month 1.05 $
Each Dog / Per Month 1.00 $
Each Dog / Per Month $ 0.75
Late Payment Fee > 30 Days Past Due 15.00 $
Replacement of a Stolen or Lost License Tag Per Tag 3.00 $
2. IMPOUND FEES (CATS & DOGS)
Altered Animals
Each Dog / Cat 40.00 $
Each Dog / Cat 80.00 $
Each Dog / Cat 160.00 $
Each Dog / Cat $ 160.00
Unaltered Animals
Each Dog / Cat 80.00 $
Each Dog / Cat 160.00 $
Each Dog / Cat 210.00 $
Each Dog / Cat $ 210.00
*Plus Costs for Appropriate Legal Action
Board Fee (In Addition to Impound Fees) Per Day 10.00 $ Other Animals
3. ADOPTION FEES (DOGS, PUPPIES, CATS & KITTENS)
Puppies (Up To 4 Months Old) Each Puppy 90.00 $
Dogs (> 4 Months Old, Less Than 5 Years Old) Each Dog 85.00 $ Senior Dogs (>5 Years Old) Each Dog 40.00 $
Cats & Kittens Each Cat/Kitten 50.00 $
4. SURRENDER FEES
Dogs, Puppies, Cats & Kittens Each Animal 20.00 $
5. VACCINATION FEES
Rabies Each Animal 20.00 $
DHLPP/FVRCP Each Animal 10.00 $
Bordatella Each Animal 5.00 $
6. MISCELLANEOUS FEES
Trap Rental (Plus $25 Refundable Deposit) Each / Per Day 3.00 $ Disposal of Deceased Animals Each 10.00 $
Private Pick Up Each 20.00 $
Micro-Chip Each 20.00 $
1st Impound
Un-Spayed Female or Un-Neutered Male Dog
1 - 23 Months
24-35 Months
≥36 Months
Dogs Owned by Senior Citizen (≥65 Years Old)
4th Impound*
Based Upon size and type of animal at the discretion of the Executive Director of the Barstow Human Society 2nd Impound
3rd Impound
4th Impound*
1st Impound
2nd Impound
3rd Impound
32 18.a
Packet Pg. 909 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 170 - Industrial Pretreatment Department
Item/Description Basis 2022/2023 Fee
1. INDUSTRIAL USER PERMITS & RENEWAL FEES
Initial Submittal $ 250.00
Annual 100.00 $
2. PRETREATMENT PLAN CHECK FEES
Each 100.00 $
Each 200.00 $
Each 100.00 $
Each 500.00 $
3. ADMINISTRATIVE ORDERS
Noncompliance Monitoring Program Each 100.00 $
Stop Work Order Each 100.00 $
Compliance Order Each 250.00 $
Cease and Desist Each 500.00 $
Cease Discharge Each 500.00 $
Termination of Service Each 500.00 $
4. ENFORCEMENT ACTIONS
Inspection (Not Related to a NOV) Each 100.00 $
Inspections (Related to a NOV) Each $ 250.00
Obtaining Search Warrant Each 500.00 $
Compliance Meeting Each 250.00 $
Enforcement Hearing Each 500.00 $
5. NUISANCE ABATEMENT
Emergency Public Nuisance Abatement Each Occurrence Actual Costs
6. ADMINISTRATIVE VIOLATIONS
Minor Administrative Violation Each 250.00 $
Major Administrative Violation Each $ 500.00
7. DISCHARGE VIOLATIONS
Minor Discharge Violation* Each $ 250.00
Major Discharge Violation* Each 700.00 $
8. CIVIL PENALTIES
Civil Penalties
California Government
Code Sections 54739-
54740
As Adopted
9. ADMINISTRATIVE CIVIL PENALTIES
Administrative Civil Penalties
California Government
Code Sections
54740.5 & 54740.6
As Adopted
10. DAMAGE TO BARSTOW WASTEWATER TREATMENT PLANT (BWWTP) OPERATION Each Occurrence Actual Costs to Resume
Normal Operation
*Plus any fines/charges incurred by the City of Barstow as a result of the discharge violation Discharge which Causes or Contributes to Any Obstruction, Interference, Damage or any other Impairment to the Operation of the BWWTP Industrial User Permit
Industrial User Permit Renewal
Sampling Manhole
Discharge Flowmeter
Gravity Interceptor
Pretreatment Facilites
Please note any changes from the 2021/2022 Master Fee Schedule are highlighted in green. 33 18.a
Packet Pg. 910 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 170 - Industrial Pretreatment Department
Item/Description Basis 2022/2023 Fee
11. OTHER INSPECTIONS AND FEES
Per Hour (4 Hour
Minimum) $ 125.00
Bypass Pumping Associated with Connection
8" Diameter Per Hour $ 250.00
10" Diameter Per Hour $ 300.00
15" Diameter Per Hour $ 350.00
12 STAFFING COSTS
PlantSuperintendent Per Hour $69.67
Lead Operator Per Hour / Overtime $54.22 / $67.17
Senior Operator Per Hour / Overtime $42.88 / $52.92
Plant Operator Per Hour / Overtime $39.40 / $48.56
Operator in Training Per Hour / Overtime $36.25 / $44.59 General Manager of Environmental Services Per Hour $ 81.38 Locating Sewer Lateral (Fuels, Deploy, Wear and Tear Only. Staffing Cost Extra [2 person minimum])
34 18.a
Packet Pg. 911 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 180 - Lenwood Area Development Fees
Item/Description
1. LENWOOD AREA DEVELOPMENT FEES (As Per Titles 12 & 13 of the Barstow Municipal Code) *The annual cost adjustment shall be made in conformance with the annual change in the California Costruction Cost Index as published by the State of California Business and Transportation Agency on July 1st of each year.
Water Development Fee Fee Calculation:
Number of Acres x $1,890 x Annual Adjustment* = Fee
Traffic Signalization Development Fee Fee Calculation:
Number of Acres x $312.50 x Annual Adjustment* = Fee
2022/2023 Fee Calculation
Flood Control Channel Development Fee Fee Calculation:
Number of Acres x $1,098 x Annual Adjustment* = Fee
Median Development Fee Fee Calculation:
Number of Acres x $175 x Annual Adjustment* = Fee
35 18.a
Packet Pg. 912 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 190 - Miscellaneous
Item/Description Basis 2022/2023 Fee
1. PHOTOCOPIES / COPIES*
Photocopies
Per Page / $1.00 Minimum $ 0.25
Per Page / $2.00 Minimum $ 0.50
Per Page / $2.00 Minimum $ 0.50
Per Page / $3.00 Minimum $ 0.75
Zoning Map Each 5.00 $
Building Plans
Each 3.00 $
Each 5.00 $
Applications, Forms & Information Sheets Per Page Free
2. PUBLIC MEETING MATERIALS
Agenda and Minutes
3. PUBLICATIONS*
Each + Per Page Photocopy Fee $ 50.00
Each + Per Page Photocopy Fee $ 25.00
Each + Per Page Photocopy Fee $ 50.00
Per CD 25.00 $
4. ELECTRONIC MEDIA*
Electronic Media - CD-ROM Copy Each 5.00 $
Electronic Media - Plans & Specifications Each 25.00 $
5. MICROFILM/MICROFICHE*
Per Sheet 3.00 $
6. NOTARY, CERTIFICATION, LEGAL AND SPECIAL SERVICES
Notary Services
Per Signature 15.00 $
Each No Charge
City Clerk Document Certification Each 5.00 $
Labor & Overhead Actual Cost
7. RETURNED CHECK FEE
Returned Check Fee Per Check 25.00 $
8. PARKING PERMITS (Barstow High School Area)
Parking Permit Initial 3 - Per Property Free
Replacement if Lost, Stolen or Damaged Parking Permits Each 5.00 $ Fee per sheet or total hourly cost, whichever is greater. This costs shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.
Non-City Employees (Set by CA Secretary of State)
City Employees Relating to City Services
Legal Fees
Recovery of legal costs in lawsuits and other instances when the City could be entitled to reimbursement of legal costs
Larger than 11" x 17"
8 1/2" x 14" or Smaller / Black & White Copies
Larger than 8 1/2" x 14" / Black & White Copies
8 1/2" x 14" or Smaller / Color Copies
Larger than 8 1/2" x 14" / Color Copies
11" x 17" or Smaller
Agendas and minutes are now available online at the City's website, www.barstowca.org. If hard copies are required, use the photocopies costs in Section 1 above. If postage is required, actual postage fees will be added *Mailing may be arranged on a prepaid basis. Postage charges will be added.
Budget - Final or Proposed
Business License Listing
Comprehensive Annual Financial Reports (CAFRs)
General Plan, 1997
36 18.a
Packet Pg. 913 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 190 - Miscellaneous
Item/Description Basis 2022/2023 Fee
9. PASSPORT SERVICES*
Passport Book (Does Not Include Execution Fee and Expedite Processing Fee or Postage, if requested) U.S. Department of State $ 100.00
U.S. Department of State $ 130.00
Passport Card (Does Not Include Execution Fee and Expedite Processing Fee or Postage, if requested) U.S. Department of State 15.00 $
U.S. Department of State 30.00 $
Passport Book & Card (Does Not Include Execution Fee and Expedite Processing Fee or Postage, if requested) U.S. Department of State $ 115.00
U.S. Department of State $ 160.00
Passport Execution Fee Per Application 35.00 $
Application Expedite Processing Fee (Optional / 2-3 Weeks) U.S. Department of State 60.00 $ Priority, Expedited and Overnight Courier Services As Charged By Provider Actual Cost
10. APPLICATION FEES
Per Application 400.00 $
Bingo Permit Per Application 50.00 $
Per Application $100.00 Plus Fees For Background
Investigation & Credit Check
11. POSTAGE
Postage U.S. Postal Service Actual Cost
Overnight Services Based on Provider's Rates Actual Cost
12. LIEN RELEASE FEE
Lien Release Fee Per Release 10.00 $
13. TECHNOLOGY FEE
Technology Fee Per Business $ 15.00
License/Permit
14. CONVENIENCE FEE
Charge for credit card use Per Transaction 3%
Over $2,000
15. Infrastructure Plans GIS Updates
Consultant Fee If Applicable Actual Cost
Adult (Age 16 and Over)
Child (Under Age 16)
Adult (Age 16 and Over)
Fireworks - Temporary Stand Permit
Please note any changes from the 2021/2022 Master Fee Schedule are highlighted in green.
Taxicab
*Mailing may be arranged on a prepaid basis. Postage charges will be added.
Adult (Age 16 and Over)
Child (Under Age 16)
Child (Under Age 16)
37 18.a
Packet Pg. 914 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 200 - Parks Recreation
Item/Description Basis 2022/2023 Fee
1. FACILITY RENTALS AND FEES
Cora Harper Fitness Center - Facility Rental
First 3 Hours 1,000.00 $
Per Hour 200.00 $
Daily 2,000.00 $
Each Rental 500.00 $
Per Day 300.00 $
Per Day 250.00 $
Flex Room Per Hour 50.00 $
Cleaning Fee Each Rental $ 250.00
Cora Harper Fitness Center - Gym Use
Daily 3.00 $
Gym Use 10 Use Pass 20.00 $
Monthly 25.00 $
3 Months 50.00 $
Yearly 175.00 $
Dana Park Building - Rental Rates
First 3 Hours 250.00 $
Hourly 50.00 $
Each Rental 150.00 $
Each Rental $ 150.00
Eda Henderson Pool - Private Party (Friday-Sunday Only) First 3 Hours 270.00 $
Hourly 90.00 $
Hourly $ 30.00
Each Rental $ 150.00
Eda Henderson Pool - Pool Use
Per Person 3.00 $
Per Person $ 30.00
Per Person $ 75.00
Per Person 3.00 $
Per Session 30.00 $
Per Session 200.00 $
Jr. Lifeguard Classes (Ages 11-14) Per Session 160.00 $ Jasper Park Building City Use Only
Robert Sessions Memorial Sports Park - Pavillion Only (Includes $500 refundable security deposit.) Daily 1,000.00 $
Per Person/Per Hour 15.00 $
Hourly 30.00 $
Hourly 15.00 $
Hourly 10.00 $
Per Person/Per Hour 15.00 $
Per Hour 10.00 $
Per Hour 20.00 $
Robert Sessions Memorial Sports Park - Entire Facility (Requires $500 non-refundable deposit which is credited toward rental fee.) Daily 2,000.00 $
Daily 2,500.00 $
Daily 3,000.00 $
Per Vehicle 2.00 $
Adult Basketball Court Rental
Resident
Non-Resident
For-Profit Special Event PLUS :
Parking
Please note any changes from the 2021/2022 Master Fee Schedule are highlighted in green.
Youth Basketball Court Rental
Monthly Pass (All Ages)
Lap Swim
Swimming Lessons
Lifeguard Classes
≤8 Hours (Includes Lights and Electricity)
Includes $500 Refundable Security Deposit
Labor (Set Up / Tear Down)
≥8 Hours ($500 Refundable Security Deposit) PLUS :
Lights
Electricity
Labor (Set Up / Tear Down)
Summer Pass (Memorial Day through Labor Day)
Open Swim (All Ages)
**Includes Use of Gym Equipment, Saunas, Basketball & Racquetball Courts** Gym Use
Gym Use
Gym Use
Gym Use
**Dana Park Building Rental Include use of the kitchen, restrooms, main room, 5 tables and 30 chairs.** Minimum 3 Hours
Each Hour After 3 Hours
Security Deposit
Minimum 3 Hours
Each Hour After 3 Hours
Cleaning Fee
Additonal Staffing Required for Rental Parties of 125+ Guests Cleaning Fee
Light Set Up
Minimum 3 Hours
Each Hour After 3 Hours
8 Hours or More (Includes Tables & Chairs)
Refundable Security Deposit
Stage Rental
38 18.a
Packet Pg. 915 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 200 - Parks Recreation
Item/Description Basis 2022/2023 Fee
Robert Sessions Memorial Sports Park - Entire Facility (Requires $500 non-refundable deposit which is credited toward rental fee.) Per Weekend (2 Days) 3,000.00 $
Per Vehicle 2.00 $
Gate Entry Fee (Ages 13 & Older) Per Person 2.00 $
Gate Entry Fee ( Ages 12 & Younger) Per Person Free
*Sports Park Coordinator may negotiate Tournament Fees.
1. FACILITY RENTALS AND FEES (Continued)
Robert Sessions Memorial Sports Park - Field Rental (Practice) Hourly 15.00 $
Hourly 20.00 $
Hourly 20.00 $
Robert Sessions Memorial Sports Park - Field Rental (Practice) - Continued Hourly 25.00 $
Robert Sessions Memorial Sports Park - Field Rental (Games) Hourly $ 25.00
Hourly $ 35.00
Hourly $ 20.00
Robert Sessions Memorial Sports Park - Field Rental (Games) - Continued Youth Baseball/Softball (With Lights) Hourly $ 30.00
Hourly $ 25.00
Hourly $ 35.00
Hourly $ 20.00
Hourly $ 30.00
Robert Sessions Memorial Sports Park - Batting Cages
$ 1.00
$ 10.00
$ 18.00
$ 34.00
Robert Sessions Memorial Sports Park - No Show/Cancellation Original Cost of
Reservation
50% Refund
2. YOUTH PROGRAMS
Basketball
Per Season 45.00 $
Per Season 45.00 $
Cheerleading Monthly 25.00 $
Judo Monthly 25.00 $
Karate - Kids Monthly 45.00 $
Soccer - Kiddie Per Season 45.00 $
Summer Camp - Grade School Per Week 80.00 $
T-Ball Per Season 45.00 $
Miscellaneous Youth Programs (Seasons) Per Season $ 45.00 Miscellaneous Youth Programs (Monthly) Monthly $ 25.00
Summer Camp Per Week $ 80.00
Summer Camp Late Pick-Up Fee Each 1/4 Hour $ 20.00
Summer Camp Late Payment Fee After 5th Calendar Day $ 20.00
3. ADULT PROGRAMS
Aerobics Monthly 30.00 $
Basketball - Mens Per Team/Per Season 300.00 $
Karate Monthly 45.00 $
Softball - Mens/Co-Ed Per Team/Per Season 300.00 $
No Show
Cancellation fees within 2 hours of reservation
Peewee/Tiny Tots
Youth
Please note any changes from the 2021/2022 Master Fee Schedule are highlighted in green.
Hourly Rental
Adult Softball (No Lights)
Adult Softball (With Lights)
Youth Baseball/Softball (No Lights)
Adult Soccer (No Lights)
Adult Soccer (With Lights)
Youth Soccer (No Lights)
Youth Soccer (With Lights)
12 Pitches
15 Minutes
30 Minutes
Adult Sports (With Lights)
Tournament* (Non-Resident) PLUS:
Parking
Youth Sports (No Lights)
Youth Sports (With Lights)
Adult Sports (No Lights)
39 18.a
Packet Pg. 916 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 200 - Parks Recreation
Item/Description Basis 2022/2023 Fee
4. CITY-OWNED PARKS
Open to Public No Charge
Picnic Shelters Open to Public No Charge
Skate Park Open to Public No Charge
4. CITY-OWNED PARKS - (Continued)
Ball Fields (Lillian, Foglesong and Sturnacle Parks)
Open to Public No Charge
Per Season As Negotiated
Per Game 25.00 $
Per Game 35.00 $
Per Hour 25.00 $
Soccer Fields ("H" Street)
Open to Public No Charge
Per Season As Negotiated
Per Game 25.00 $
Per Game 35.00 $
Per Hour 25.00 $
Theris Brown Tennis Courts (Adjacent to Dana Park)
Open to Public No Charge
Open to Public No Charge
5. MISCELLANEOUS FEES
Registration Fees - Refunds Per Transaction 5.00 $
Field Prep Fee Per Hour $ 50.00
Equipment Rental
Per Table $ 10.00
Per Chair $ 1.00
Per Day $ 50.00
Per Person
See Section 210 -
Personnel Costs
Per Equipment Cost of Equipment
Facility Rental Cancellation Fees - Within Two Weeks of Scheduled Event No Refund of Deposit (Cora Harper Fitness Center/Dana Park/Henderson Pool)
Utilities at Parks
Per Hour 25.00 $
Per Hour 25.00 $
Please note any changes from the 2021/2022 Master Fee Schedule are highlighted in green.
Table(s)
Chair(s)
Media Set-up
Water (3 Hour Minimum)
Tournament, Youth
Tournament, Adult
Lights
Tennis Court - No Lights
Tennis Court - With Lights
Electricity (3 Hour Minimum)
Delivery Set-up / Pick-up
Equipment Rental - If Damaged or Lost
League
Field
League
Tournament, Youth
Tournament, Adult
Lights
Field
General Park Use - All Parks
40 18.a
Packet Pg. 917 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 210 - Personnel Costs
Item/Description
1. PERSONNEL COSTS - See Calculation Below:
PERSONNEL COSTS CALCULATION
CALCULATE: Annual Salary (Hourly Rate x 2,080 Hours/Year) PLUS: Insurance Offset ($1,000 x 12 Months or $750x12 Months), If Applicable EQUALS: Total Salary
PLUS: Annual Retirement (As per California Public Employees Rate Schedule) Calculate Using the Following Formula: Total Salary x Retirement Rate Schedule PLUS: Annual Life Insurance ($192.00), If Applicable
PLUS: Annual Medicare Costs (Annual Salary x $0.029), If Applicable PLUS: Annual Workers Compensation Cost (Annual Salary x 4%), If Applicable PLUS: Annual State Disability Insurance (Annual Salary x 1.1%), If Applicable EQUALS: Total Annual Salary and Benefit
PRODUCTIVE HOUR CALCULATION
Total Annual Hours (2,080)
LESS: Vacation Pay
LESS: Sick Pay
LESS: Holiday Pay
EQUALS: # of Annual Productive Hours
TOTAL SALARY & BENEFIT PER HOUR
Total Annual Salary & Benefit
DIVIDED BY: # of Annual Productive Hours
EQUALS: Total Salary & Benefit Hourly Rate
Note: Annual Salary for all City employees can be obtained from the most recently adopted City of Barstow Salary Schedule.
Please note any changes from the 2021/2022 Master Fee Schedule are highlighted in green. 41 18.a
Packet Pg. 918 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 220 - Community Development
Item/Description Basis 2022/2023 Fee
1. GENERAL PLAN AND ZONING ORDINANCE
Each 1,193.00 $ *
Each 2,282.00 $ *
Zone Change Each 2,282.00 $ *
2. USE AND DEVELOPMENT PERMITS
Site Plan Review - Administrative Review Each 375.00 $ * Pre Application Meeting Each 375.00 $ *
Site Plan Review - Administrative Review with Public Notice Each 750.00 $ * Site Plan Review - Planning Commission Review Each 1,000.00 $ * Each 1,109.00 $ *
Each 855.00 $ *
Each 100.00 $ *
Each 574.00 $ *
Each 2,269.00 $ *
Each 2,575.00 $ *
Each 79.00 $ *
Each 27.00 $ *
3. SUBDIVISION AND LOT LINE ADJUSTMENTS
Each 531.00 $ *
Each 913.00 $ *
Each 2,108.00 $ *
Each 707.00 $ *
Each 1,913.00 $ *
Each 2,108.00 $ *
Each 1,595.00 $ *
4. VARIANCES
Each 791.00 $ *
5. MISCELLANEOUS
Each 811.00 $ *
Annual 571.00 $ *
As Per CA Gov't
Code 65456 Actual Costs *
Each 6,040.00 $ *
Street Vacation Each 1,479.00 $ *
Appeal to City Council Each 700.00 $ *
Appeal to Planning Commission Each 621.00 $ *
Call for Review by City Council Each No Fee
Each 50.00 $
Each 10.00 $
Each 20.00 $
Each 250.00 $
Address Assignment
Single Family Residence Per Dwelling 20.00 $
Multi-Family Residence
Tract
Commercial Property Per Unit 20.00 $
Address Verification Per Address 20.00 $
Temporary Signs Per Application 25.00 $
#
Requested by Applicant or Applicant Fails to Appear at Hearing Parcel Map - Final (Include Vesting)
Tract Map - Tentative
Parcel Map (Vesting) - Tentative
Parcel Map - Tentative
General Plan Amendment (Initial Request)
General Plan Amendment (Actual)
Conditional Use Permit
Development Permit
Home Occupation Permit
Massage Practitioner Permit
Planned Unit Development
Sexually Oriented Business Permit
Temporary Use Permit
Temporary Use Permit (Non-Profit Organization)
Lot Line Adjustment / Lot Merger
Tract Map (Vesting) - Tentative
Tract Map - Final
Variances
Surface Mining and Reclamation Act (SMARA)
Mine Inspection & Report
$20 Initial, $2 Each Unit
$50 Initial, $2 Each Dwelling
* Plus Consultant Fees, If Any
Preparation of Specific Plan
Annexation (+LAFCO Fees)
Zoning Verification Letter
Public Needs/Necessity Letter (ABC)
Continuation of Hearing#
Zoning Affidavit (ABC)
42 18.a
Packet Pg. 919 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 230 - Police Department
Item/Description Basis 2022/2023 Fee
1. SERVICES AND FEES
Per Citation 10.00 $
Each Occurrence 360.00 $
Each Occurrence 180.00 $
Each Occurrence 1,000.00 $
Per Property 50.00 $
Per Property 75.00 $
Per Property 100.00 $
Per Set 10.00 $
Per Set 12.00 $
C.V.C. 40226 25.00 $
Hourly / 2nd & Subsequent
Response In A 12-Hour Period
Actual Costs - Not To
Exceed $1,500
Each 15.00 $
G.C. 68097.2(b) 275.00 $
E.C. 1563(1)(6) 15.00 $
Annual 100.00 $
G.C. 41612 15.00 $
2. REPORTS, PHOTOCOPIES AND RECORDS
Each 1.00 $
Copy of Traffic Collision Report Each 15.00 $
Each 10.00 $
Each 25.00 $
Each 20.00 $
3. LICENSES AND PERMITS
Initial Application 25.00 $
Annual / Each Occurrence 10.00 $
Initial Application 100.00 $
Annual 25.00 $
New Application 10.00 $
Renewal 10.00 $
Each 10.00 $
Cannabis Background Check Each $ 100.00
4. PARKING VIOLATION FINES
Uniform Bail Schedule As Approved
5. CURFEW VIOLATION FINES
Per Minor / Per Occurrence 100.00 $
6. POLICE PERSONNEL
Police Personnel
Please note any changes from the 2021/2022 Master Fee Schedule are highlighted in green.
False Alarm - 4th Response/Calendar Year
Citation Sign-Offs
DUI Emergency Response - Collision or Pursuit
DUI Emergency Response - Failure to Yield
DUI Emergency Response - Other
False Alarm - 3rd Response/Calendar Year
Photograph Reproduction
False Alarm - 5th Response & Subsequent/Calendar Year
Fingerprinting (Hard Cards)
Fingerprinting (LiveScan)
Handicap Cancellation Fee
Police Services Fee
Record Checks
Subpoena for Officer/Employee
Subpoena for Records
Tow Service Franchise Fee
Vehicle Repossession Fee
Copy of Police Report
As Per Section 210 - Personnel Costs
Photograph Enlargement
Video/CD/DVD Reproduction
Alarm Permit - Residential & Commercial
Alarm Permit Renewal / Changes
Concealed Weapons (CCW) Permit
Concealed Weapons (CCW) Permit Renewal
Pawnbroker / Second Hand Dealer License
Pawnbroker / Second Hand Dealer License
Taxi Permit - LiveScan Fee
Parking Citations
Curfew/Daytime Loitering
43 18.a
Packet Pg. 920 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23)
CITY OF BARSTOW
Master Fee Schedule
Section 240 - Harvey House Rental
Item/Description 2022/2023 Fee
1. Harvey House Rental Fees
First 6 Hours 1,000.00 $
Per Hour 125.00 $
First 6 Hours 2,000.00 $
Per Hour 250.00 $
Per Day 150.00 $
Table(s) Per Table 10.00 $
Chair(s) Per Chair 1.00 $
Each Rental 750.00 $
Each Rental 1,500.00 $
Per Hour 50.00 $
Cleaning Fee Per Rental $ 250.00
Bridal/Groom Room Per Room $ 150.00
Facility Rental Cancellation Fees - Within Two Weeks of Scheduled Event No Refund of Deposit Media Set-up Each Rental $ 50.00
Conference Room Rental
Please note any changes from the 2021/2022 Master Fee Schedule are highlighted in green.
Ballroom Rental (Rental of Either East or West Ballroom) (Includes Tables & Chairs) Ballroom Rental (Rental of Both East and West Ballrooms) (Includes Tables & Chairs) 6 Hours or Less
Each Hour after 6 Hours
6 Hours or Less
Each Hour after 6 Hours
Courtyard
Refundable Security Deposit (Rental of Either East or West Ballroom) Refundable Security Deposit (Rental of Both East and West Ballrooms) 44 18.a
Packet Pg. 921 Attachment: 1-FINAL FY 23 Master Fee Schedule - For Adoption BY CC 6-20-22 (5044 : Master Fee Schedule 2022/23) Joint Special Council/BFPD
06/20/22 07:00 PM
Waste Water Plant
Kody Tompkins
Contract
Doc ID: 5047
AGENDA ITEM
AGENDA MATTER:
INSTALLATION SUPPORT SERVICES - PROFESSIONAL SERVICES CONTRACT EXECUTIVE SUMMARY:
The City Council is asked to award a ten-year professional services contract to High Desert Support Services, LLC, of $2,756,909.57 for the services listed out in the Quality Assurance Surveillance Plan for Fort Irwin operation over the ten-year contract.
DISCUSSION:
City staff has worked closely with the Fort Irwin National Training Center to find opportunities to lower costs by utilizing an Inter-Governmental Support Agreement (IGSA). Over the past few years, the City has successfully implemented a few different ISGA’s with Fort Irwin as well as the Marine Corps Logistics Base Barstow to reduce governmental costs. Over the past few months, the City has engaged in several opportunities between Fort Irwin and the City of Barstow that we believe can obtain those goals. One of those activities would be Operation of the Central Mailroom for the Fort Irwin Installation. In addition, the City will be a pass-through for Fort Irwin’s expenses for the Central Mailroom with a 3% administration fee.
FISCAL IMPACT:
The Fort Irwin Pass-through expense will be charged to line item 100.320.210 in the amount of $2,756,909.57. The City of Barstow Processing Fee of 3% will be received into account number 100.819.788.927 in the amount of $82,707.29.
RECOMMENDED ACTION:
Staff recommends that the City Council:
1. Approve the scope and fee with High Desert Support Services, LLC, laid out in the bid documents for the bid amount of $2,756,909.57 (Over ten years) for the Installation Support Services.
2. Authorize the City Manager or designee the authority to sign the agreements between Fort Irwin and the City of Barstow and High Desert Support Services, LLC and the City of Barstow. 19 Packet Pg. 922
INTERGOVERNMENTAL
SUPPORT AGREEMENT
HANDBOOK
HQ, U.S. Army Installation Management Command
Version 5 –
AUGUST 2021
19.a
Packet Pg. 923 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 1 PREFACE
The Army’s Installation Management Command (IMCOM) has established an Intergovernmental Support Agreement (IGSA) Program Office (PO) to support IMCOM garrisons with the identification, development, and execution of IGSAs. The goals of the IMCOM IGSA PO are to enhance Army readiness, promote cost savings/cost avoidance, gain efficiencies, improve the quality of life for Soldiers and families, and strengthen installationcommunity relationships. The IMCOM IGSA PO works closely with the IMCOM Installation Directorates (IDs) and the Office of the Deputy Chief of Staff, G9 Partnership Office to promote an institutional mindset that relies on partnerships to ensure mission readiness in an era of reduced resources.
This handbook provides general guidance and best practices to garrisons that are pursuing their first IGSA or are looking to build an IGSA portfolio. It is recommended that the garrisons work closely with their respective ID and the IMCOM IGSA PO to assist in these efforts. This handbook is a living document and will be updated as needed. All comments or recommendations for improvement will be forwarded to the IMCOM IGSA PO for consideration.
IMCOM IGSA Program Office
The IMCOM IGSA PO is supported by the IMCOM IGSA Program Manager (PM) and IMCOM Program Specialists (PSs).The IMCOM IGSA PM and PSs can be reached at [email protected].
IMCOM maintains a Partnership SharePoint site as a central database for partnership policy, guidance, IGSA templates and examples, and points of contact at garrisons with active IGSA programs. The site can be accessed at https://army.deps.mil/army/cmds/imcom_HQ/G3-5- 7/SitePages/IMCOM_Partnerships.aspx, or from the IGSA Program link at the bottom of the HQ IMCOM Sharepoint home page.
HQDA, G9 Partnership Office
The G9 Army Chief of Partnerships and G9 Partnership Office hosts a website dedicated to its partnership program that includes useful information, including legislative and regulatory resources, partnership news, success stories, and other related community partnership information. Visit http://dcsg9.army.mil/partnerships/ to learn more.
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Packet Pg. 924 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 2 Contents
PREFACE ...........................................................................................................................1
1. GENERAL ..................................................................................................................4
1. 1 BACKGROUND.......................................................................................................4
1.2 PURPOSE..................................................................................................................4
1.3 IGSA AUTHORITY.....................................................................................................4
1. 3. 1 KEY PROVISIONS OF AN IGSA:.................................................................4
1. 4 ROLES AND RESPONSIBILITIES ..................................................................................5
1. 4. 1 IMCOM ..............................................................................................................5
1. 4. 2 IMCOM DIRECTORATES ................................................................................5
1. 4. 3 GARRISON LEADERSHIP...............................................................................5
2. IGSA CONCEPT DEVELOPMENT........................................................................6
2. 1 OVERVIEW................................................................................................................6
2.2 IGSA CONCEPT IDENTIFICATION..........................................................................6
2. 2. 1 DETERMINE ROLES AND RESPONSIBILITIES............................................6
2. 2. 2 COLLECT DATA AND REQUIREMENTS .......................................................6
2. 2. 3 TRANSITIONING FROM ABILITYONE CCONTRACTS TO IGSAs...............7
2.3 IGSA CONCEPT PACKET DEVELOPMENT.............................................................7
2. 3. 1 GARRISON COMMANDER MEMO....................................................................8
2. 3. 2 ENCLOSURE 1 IGSA COVERSHEET................................................................8
2. 3. 3 ENCLOSURE 2 COURSE OF ACTION DETERMINATION................................8
2. 3. 4 REQUEST FOR SERVICES CONTRACT APPROVAL (RSCA) FORM..............9
2.4 FINAL REVIEW....................................................................................................... 10
2. 4. 1 IMCOM IGSA PO AND ID FINAL REVIEW ................................................... 10
2. 4. 2 GARRISON COMMANDER APPROVAL......................................................... 10
3. IGSA CONCEPT ENDORSEMENT, AND APPROVAL............................................11
3. 1 DELEGATION OF APPROVAL AUTHORITY......................................................... 11
3. 1. 1 IGSA ANNUAL EXECUTION VALUE ≤ $5,000,000 ..................................... 11 3 . 1 . 2 IGSA ANNUAL EXECUTION VALUE >$5,000,000 ≤ $10,000,000.............. 11
3. 1 . 3 IGSA ANNUAL EXECUTION VALUE >$10,000,000.................................... 11
4. IGSA EXECUTION AND MANAGEMENT...............................................................11
4. 1 IGSA EXECUTION (TRANSACTION DOCUMENT) .............................................. 12
4.2 IGSA MANAGERS AND TECHNICAL REPRESENTATIVES................................... 12
19.a
Packet Pg. 925 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 3 4.3 IGSA PAYMENT PROCEDURES............................................................................ 12
4.4 IGSA MODIFICATION / TERMINATION / RENEWAL........................................... 14 ANNEX A – 10 USC 2679 ...............................................................................................16 ANNEX B – PARTNERSHIP AUTHORITIES....................................................................18 ANNEX C– INSTALLATION SUPPORT CATEGORIES ................................................20 ANNEX D – IMCOM PUBLIC AFFAIRS OFFICE GUIDANCE FOR IGSAs: ..................25 ANNEX E – PARTNERSHIP AUTHORITY DECISION TOOL........................................27 ANNEX F – RECOMMENDED ROLES AND RESPONSIBILITIES FOR IGSAs ...........28 ANNEX G – IGSA DELEGATION OF APPROVAL AUTHORITY ..................................32 ANNEX H – IGSA CONCEPT PACKET TEMPLATES...................................................38 Enclosure 1 IGSA Coversheet...................................................................................... 40 Enclosure 2 Course of Action Determination ........................................................... 41 AbilityOne Example Letters Of Intent ........................................................................ 44 ANNEX I – IGSA TRANSACTION DOCUMENT TEMPLATE.......................................46 ANNEX J – IGSA MANAGER/TECHNICAL REPRESENTATIVE APPOINTMENT MEMORANDUM TEMPLATE.........................................................................................63 ANNEX K – FINANCIAL PROCESS AND FUNDING GUIDANCE................................65
19.a
Packet Pg. 926 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 4 1. GENERAL
1. 1 BACKGROUND
The 2013 National Defense Authorization Act (NDAA), Section 331, provided authority to the Military Service Secretaries to enter into Public-Public partnerships with local and state governments, called Intergovernmental Support Agreements (IGSAs), for installation support services. This legislation was codified as Title 10 United States Code (USC) 2336. The 2015 NDAA, section 351, moved the IGSA program from Section 331, a procurement section of Title 10, to 10 USC 2679, a facilities management section of Title 10, to clarify Congressional intent that the IGSA program is divorced from the requirements contained in the Federal Acquisition Regulation (FAR). The 2018 NDAA expanded the term limit of IGSAs from five years to ten years, further incentivizing partnerships between military installations and local governments for installation support services. The 2021 NDAA directed the Secretary of Defense to establish a pilot program to ensure installation commanders retained at least 25% of the savings realized from IGSAs and require installations to report how those savings were spent on sustainment, restoration, and modernization projects that were either unfunded or underfunded.
1. 2 PURPOSE
The purpose of this handbook is to provide guidance and general standardization for the use of IGSAs for IMCOM Garrisons. This handbook is a tool for Garrison Commanders (GCs), Functional Proponent Subject Matter Experts (SMEs), Resource Management Offices (RMOs), designated garrison IGSA Managers (IGSA-Ms), and designated garrison IGSA Technical Representatives (IGSA-TRs).
This handbook is a supplement to the Department of the Army’s Execution Order (EXORD) for IGSAs and IMCOM’s Operation Order (OPORD) for IGSAs. This handbook does not replace the need to reference official partnership authorities and policies (Annex B). The partnership doctrine listed in Annex B can be accessed from the IMCOM Partnership SharePoint Site (https://army.deps.mil/army/cmds/imcom_HQ/G3-5- 7/SitePages/IMCOM_Partnerships.aspx).
1. 3 IGSA AUTHORITY
An IGSA is a Public-Public Partnership that authorizes the Military Services to receive, provide, or share installation support services with a State or local government. The following are key provisions of IGSAs in accordance with (IAW) 10 USC 2679:
1. 3. 1 KEY PROVISIONS OF AN IGSA:
Ability to provide, receive, or share installation-support services Not subject to Federal Acquisition Regulations (FAR)
Ability to sole-source with state or local governments Ability to use wage grades normally paid by state or local governments Must enhance mission effectiveness or create efficiencies or economies of scale including by reducing costs
The proposed provider must already provide the service for its own use Excludes security guard or firefighting from the definition of installation services The term of an IGSA cannot exceed ten (10) years, but may be renewed IGSAs cannot be used to circumvent the requirements of Office of Management and
19.a
Packet Pg. 927 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 5 Budget Circular A-76 (OMB A-76) regarding public-private competitions State or local governments that contract out IGSA work must use a competitive process
Services transitioned to IGSAs must be Operations and Maintenance, Army (OMA)-funded
1. 4 ROLES AND RESPONSIBILITIES
Due to the significant cost savings that the IMCOM IGSA portfolio has produced (IGSAs are averaging a 30% reduction in cost for services), the IMCOM Commanding General has directed garrisons to find IGSA opportunities wherever possible to generate cost savings and/or avoidances as well as enhance relationships with local defense communities. All parties listed below play a role in meeting Commander’s intent for IGSA development and execution.
1. 4. 1 IMCOM
The IMCOM IGSA PO will support the garrisons throughout the IGSA development process, to include concept identification, concept packet development and approval, and execution of the IGSA. The IMCOM IGSA PM will staff the garrison IGSA concept packets for IMCOM and Department of Army review, endorsement, and approval. The IMCOM IGSA PO will manage the IMCOM Partnership SharePoint site to ensure garrisons have full access to IGSA policy, guidance, templates, and examples.
1. 4. 2 IMCOM DIRECTORATES
The IDs are responsible for review and endorsement (or return as appropriate) of their respective garrison proposed IGSA concept packets (Section 2.3) using the processes and business rules outlined in the IMCOM OPORD for IGSAs. The IDs will report on a quarterly basis to the IMCOM CG for each of their installations the status of progress toward transition of contracts to IGSAs, execution of transaction documents for approved concept packets, successes, and challenges. Additionally, IDs will compile semiannual reporting of actual IGSA costs, savings, and cost avoidance and submit to the IGSA PO.
1. 4. 3 GARRISON LEADERSHIP
All garrisons are directed to explore opportunities with State and local governments and municipalities to enter into IGSAs IAW the HQDA EXORD and IMCOM OPORD for IGSAs.
Garrisons will review contract portfolios for expiring installation support services contracts for possible transition to an IGSA. The GCs will determine and designate the roles and responsibilities at the local level for IGSA development, execution, and management. The GCs will report the status of progress toward transition of contracts to IGSAs, successes, and challenges on a quarterly basis to their respective ID. Additionally, Garrisons will complete semiannual reporting of actual IGSA costs, savings, and cost avoidance and submit to their respective ID.
19.a
Packet Pg. 928 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 6 2. IGSA CONCEPT DEVELOPMENT
2. 1 OVERVIEW
The development of an IGSA involves multiple phases, to include initial discussions with a state or local government partner, identification of desired partnership opportunities, development of an IGSA concept packet for approval, and development and execution of the transaction document. All activities and advancements that take place during the concept development phase are considered ‘pre-decisional’, which means that the appropriate approval authority (Section
3.1) has not yet determined that the IGSA is in the best interest of the Army. Garrisons should review in full the HQDA EXORD and IMCOM OPORD for IGSAs to fully understand the requirements of IGSA concept development, approval, transaction document execution, and management.
NOTE: Not all Public-Public partnerships will require the IGSA authority, therefore, it is a general best practice to leverage existing Department of Defense legislative authorities that permit various partnership agreements when pursuing community partnerships with local or state governments. Annex B provides a list, with descriptions, of additional partnership authorities and regulations for consideration during the development of a partnership concept. Annex E provides additional resources for determining which partnership authority to pursue.
2. 2 IGSA CONCEPT IDENTIFICATION
IGSA concept identification begins with a review of the installation’s contract portfolio. Due to the significant cost savings and resource efficiency opportunities, all contracts should be analyzed for possible conversion to an IGSA. IGSA concepts may also emerge from both informal discussions and official meetings with potential State or local governments, or stem from an unfulfilled requirement that needs a solution. See Annex D for a list of potential services that could be executed through an IGSA.
2. 2. 1 DETERMINE ROLES AND RESPONSIBILITIES
Once the Garrison determines that an IGSA is the desired partnership tool, the Garrison will determine roles and responsibilities for development of the IGSA concept packet. Depending on the nature and complexity of the IGSA concept, there may be multiple offices collaborating to develop the IGSA concept packet.
NOTE: There is no official policy that establishes specific roles and responsibilities for IGSA development. Typically, this effort is driven by the service SME, and responsibilities will vary depending on what service requirement is under consideration for an IGSA (e.g., a Computer Aided Dispatch or Ambulance Services IGSA will likely be developed by Department of Emergency Services). Recommended roles and responsibilities for IGSA development, execution, and management can be found in Annex F.
2. 2. 2 COLLECT DATA AND REQUIREMENTS
Data and requirements collection will begin during the initial stages of IGSA concept identification. At minimum, the garrison and community partner, in the development of the IGSA concept, will need to articulate the background, challenges, and cost proposal information for the installation support service under consideration. Data collection should always include the needs and capacities of the potential IGSA partner.
19.a
Packet Pg. 929 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 7 Garrisons should reference the IGSA talking points and communication guidance developed by the IMCOM Public Affairs Office (PAO) (Annex D) prior to engaging with a potential public partner. It is recommended that the team developing the IGSA concept coordinate with the local PAO and Legal office prior to engagement with potential partners.
2. 2. 3 TRANSITIONING FROM ABILITYONE CCONTRACTS TO IGSAs Army policy IAW Department of Army EXORD 200-16 requires notification to the AbilityOne Commission when transitioning from AbilityOne contracts to IGSAs. When a garrison decides to convert an AbilityOne provided service from an AbilityOne contract to an IGSA, the garrison will notify the IGSA PO of its intentions regardless of whether they have already started seeking partners. The IGSA PO will then coordinate with and send notification to the AbilityOne Commission of Army’s intent to pursue an IGSA at some point for that service. At this point, the garrison will continue working with public partners to obtain their quote(s).
HQ IMCOM will provide the AbilityOne Commission 45 days from the time of notification an opportunity to work with Source America and the AbilityOne service provider to determine a Best-and-Final price for the services provided under contract at the garrison. Once the IGSA PO has received the Best-and-Final from the AbilityOne Commission and the public partner’s quote from the garrison, the IGSA PO will notify the installation to either begin developing the IGSA concept packet IAW Section 2.3, or to continue with the contract and abandon pursuing the IGSA if the Best-and-Final is a better value to the government. If it is not the best value, this Best-and-Final price is included in the garrison IGSA concept packet as a COA for side-by-side comparison with other COAs including the public partner’s proposal for services. If the IGSA PO does not receive a Best-and-Final price from AbilityOne, the garrison will use the current contract price in the IGSA concept packet, e.g., Status Quo COA).
The Army will not use IGSA authority recklessly and will consider all potential issues surrounding the displacement of an AbilityOne contract for an IGSA with a public partner. To that end, garrison leadership will discuss with their interested public partner the requirement for them to consider employment of some if not all of the current AbilityOne contracted workforce.
As part of the concept packet submittal, the garrison must obtain a letter of intent (LOI) from the partner and, if applicable, their subcontractor indicating their commitment to retain as many of the current disabled employees as possible by offering them first right of refusal to keep their job. Example LOIs for first right of refusal are included in Annex H.
2. 3 IGSA CONCEPT PACKET DEVELOPMENT
After the IGSA concept has been identified and roles and responsibilities have been established, the Garrison will work, at times with the proposed IGSA partner, to develop the IGSA concept packet. There are three primary requirements for the IGSA concept packet that is submitted as one document with enclosures (templates and examples included in Annex H):
Garrison Commander Memo
Enclosure 1 IGSA Coversheet
Enclosure 2 Course of Action Determination (COA)
Request for Services Contract Approval (RSCA) Form
Letters of Intent (for AbilityOne contracts)
NOTE: Depending on the scale and complexity of the IGSA, additional materials may be
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Packet Pg. 930 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 8 required in support of the IGSA Concept Packet (e.g.: technical exhibits, Small Business Administration (SBA) or AbilityOne coordination documentation, a Performance Work Statement, written documentation that the partner has the capacity to perform the services).
Garrisons can solicit assistance from their ID staff and the IGSA PO for information on concept packet development and what steps to take next.
2. 3. 1 GARRISON COMMANDER MEMO
The GC Memo will contain the following: Scope, Discussion, Benefit Analysis, and Risk Analysis. NOTE: GC Memo along with the completed IGSA Concept Packet will be sent to the IGSA PO for concurrent staffing and review at the ID. Scope - describes what the installation support service is and who will provide it. Objectives – What are the goals/objectives of the partnership Discussion - includes all essential information regarding the proposed IGSA concept.
Such as current situation, potential savings, and the proposed duration of the IGSA. Benefit Analysis - explains why the IGSA concept is a good deal for the Army or the community. This section does not require great detail (that will be found in the IGSA Course of Action Determination) but will include critical IGSA requirements, such as cost savings or avoidance, efficiencies achieved, and benefits to Army and the community.
Risk Analysis - describes what might complicate implementation of the IGSA concept and provides recommendations to reduce or eliminate them.
2. 3. 2 ENCLOSURE 1 IGSA COVERSHEET
The IGSA coversheet contains information that will be used to support the auditability of the IGSA program at installation and HQ IMCOM levels. This enclosure will accompany all IGSA packets.
2. 3. 3 ENCLOSURE 2 COURSE OF ACTION DETERMINATION
The Course of Action Determination is comprised of the following requirements: Constraints of Analysis; Courses of Action; Selection Criteria and Decision Matrix; and Recommendation:
Constraints Analysis - comprised of two sections: Facts and Assumptions. A fact is something that is empirically true and can be supported by evidence. It is important to include only relevant facts – those items of information that have a direct bearing on the IGSA COA Determination being developed. An assumption is a factor or condition that is not empirically true but is essential to the success of the solution and that is outside of the control of the installation (it may be however within the control of the State or local government). Assumptions help to define ground rules to limit the scope of the IGSA COA Determination. They are explicit statements of conditions on which the IGSA COA Determination is based. Courses of Action (COA) - requires at a minimum two COAs: the Status Quo and an alternative. The status quo (also known as the “As-Is” state), is the current “baseline” program, system, or situation against which the costs and benefits of all feasible alternatives are compared. One alternative will be the proposal from the State or local government. In describing a COA, it is important to provide information on what it does or will do and what risks will be involved (if any) in the implementation or execution of the COA.
Selection Criteria Decision Matrix - another way to describe this is a sensitivity
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Packet Pg. 931 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 9 analysis. In accordance with 10 U.S.C. 2679, an IGSA is determined to be in the best interest of the Service (Army) by enhancing mission effectiveness, creating efficiencies, creating economies of scale, and by reducing costs. These benefits translate into five (5) selection criteria factors that will be analyzed through the COA determination matrix exercise. The 5 IGSA Selection Criteria Factors for any IGSA Concept will be, “Readiness,” “Efficiencies,” “Modernization,” “Cost,” and “Quality of Life.” Each decision criteria will be assigned a weight factor and score of 1-5; 1 excellent, 2 good, 3 fair, 4 poor, 5 worse. You may score each criterion with the same number across different COAs. Remember, this step is not a ranking; it is a matrix.
Detailed cost comparison - will look at what the installation is currently paying for services line by line and then that will be cross-referenced against the recommended IGSA for comparison.
Recommendation - Results and recommendations summarize the findings of the analysis and make conclusive statements about the comparisons of alternatives.
Describe the value proposition: a concise statement that describes the results or value a decision maker can expect from adopting a specific recommendation arising from the COA determination and cost comparison process.
2. 3. 4 REQUEST FOR SERVICES CONTRACT APPROVAL (RSCA) FORM All service based IGSAs require a Request for Services Contract Approval (RSCA) Form IAW paragraph 8 of the RSCA Instructions. The RSCA must be submitted as an attachment to the IGSA Concept Packet.
For IGSAs, the RSCA form is filled out and signed by the subject matter expert or IGSATR as the preparer. If the total period of performance cost of the IGSA is under $250K, the GC can approve and sign the RSCA form. For IGSAs with a total period of performance cost over $250K, the RSCA approval signature is left blank, and the RSCA form is submitted along with the IGSA Concept Packet for approval at the appropriate level as described below:
RSCA approval authority:
ID Directors: NTE total contract value (TCV) of $25M
IMCOM EDCG: NTE TCV $50M
AMC EDCG $50M and above.
NOTE: NON-service IGSAs like commodity purchases (Ex: Bulk Salt Purchase IGSAs) do not require an RSCA Form.
Please reference the IGSA SharePoint website for the RSCA Form, How To Guide, and APMP Directive. You can find these resources underneath the “Policy” and “IGSA Templates and Resources” tabs.
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Packet Pg. 932 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 10 2. 4 FINAL REVIEW
2. 4. 1 IMCOM IGSA PO AND ID FINAL REVIEW
If at any point during the development of the IGSA concept, if the party tasked with developing the IGSA concept has questions or needs assistance, the party should contact the IGSA PO.
One of the roles and responsibilities of the IGSA PO is to support the development of IGSA concepts.
Once the party has completed the IGSA concept packet, it is recommended that the party send a draft copy to the IGSA PO for their review and comment. As part of the IGSA PO review, they may circulate the IGSA concept to the respective ID for their review and comments. Upon completion of review, the IGSA PO will contact the garrison and provide recommendations as to changes to the IGSA concept packet prior to routing to the GC.
2. 4. 2 GARRISON COMMANDER APPROVAL
During final garrison coordination, the IGSA concept packet will be reviewed by the garrison supporting Staff Judge Advocate (SJA) and the Resource Management Office (RMO) at a minimum to prepare the IGSA concept packet for GC approval. The GC will sign the memo and the IGSA-M will forward the full IGSA concept packet to the IGSA PO for staffing and the approval process. NOTE: IMCOM will staff the IGSA concept packet including the RSCA to the ID for concurrent review, endorsement of the Concept Packet, and signing of the RSCA as required.
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Packet Pg. 933 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 11 3. IGSA CONCEPT ENDORSEMENT, AND APPROVAL
3. 1 DELEGATION OF APPROVAL AUTHORITY
Annex G delegates the IGSA approval authority for IMCOM installations to the Commanding General, U.S. Army IMCOM for IGSAs with an annual execution value not to exceed $5,000,000. The IMCOM CG has further delegated approval authority for IGSAs with an annual execution value up to $1,000,000 to the IMCOM DCG. In cases where a proposed decision to enter into an IGSA represents a change in precedent or policy, or is of significant White House, Congressional, Department or public interest, there will be a briefing required to the Assistant Secretary of the Army (ASA), Installations, Energy and Environment (IE&E) prior to any decision to exercise any delegated authority unless exigencies preclude such action.
NOTE: This delegation does not apply to installation support services currently acquired by an installation under the AbilityOne Program. In such cases, the determination authority resides with the Deputy Assistant Secretary of the Army for Installations, Housing, and Partnerships (101505DASA-IH&P).
3. 1. 1 IGSA ANNUAL EXECUTION VALUE ≤ $5,000,000
If the estimated annual execution value is less than or equal to $5,000,000, the IGSA PM will staff the IGSA concept packet for ID and IMCOM staff review. The IGSA PO will work with the Garrison to resolve any issues, questions, or instances of non-concurrence regarding the IGSA concept packet. Once all issues with the IGSA concept packet are resolved and the IGSA concept packet has been fully coordinated, the IGSA concept packet is sent to the IMCOM Commanding General (CG) or Deputy Commanding General (DCG) for approval depending on the annual cost of the IGSA. Once approved by the CG/DCG, the IGSA PO will send the CG approval memo to the garrison for execution of the Transaction Document IAW Section 4.1. 3 . 1 . 2 IGSA ANNUAL EXECUTION VALUE >$5,000,000 ≤ $10,000,000 If the IGSA concept has an annual execution value of more than $5,000,000, the IMCOM IGSA PM will staff the IGSA concept packet for IMCOM staff review and once IMCOM staff coordination is complete, the IGSA PM will submit the IGSA concept packet to the IMCOM CG for endorsement (not approval). Once the IGSA concept packet is endorsed by the CG, the IGSA PM will forward the endorsed IGSA concept packet through HQ AMC to the Army Partnership Office of the Deputy Chief of Staff (DCS) G9 staffing, endorsement and approval by the appropriate approval authority depending upon the IGSA annual execution value. The IGSA concept packet with an annual execution over $5,000,000 and up to $10,000,000 will be reviewed and approved by the DASA (IH&P).
3. 1 . 3 IGSA ANNUAL EXECUTION VALUE >$10,000,000
If the IGSA concept has an annual execution value over $10,000,000, the same steps as in Section 3.1.2 will be followed, but rather than approving the IGSA concept, the DASA (IH&P) will recommend concurrence to the Assistant Secretaryof the Army (Installations, Energy, and Environment) (ASA (IE&E)). After the IGSA approval memorandum has been signed by ASA (IE&E), Army Partnership Office will send a copy to the IGSA PO. The IGSA PM will forward a copy of the IGSA approval memo to the respective ID.
4. IGSA EXECUTION AND MANAGEMENT
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Packet Pg. 934 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 12 4. 1 IGSA EXECUTION (TRANSACTION DOCUMENT)
Once the IGSA concept packet is approved by the appropriate approval authority and the approval memo has been sent to the garrison, the garrison should finalize the IGSA transaction document (template at Annex I) with the state or local government partner. The concept packet approval memo will designate who is authorized to sign the IGSA on behalf of the Army.
The purpose of the IGSA transaction document is to outline the roles and responsibilities of the parties, identify the services to be furnished by either the Army/garrison or the State or local government partner, the prices to be paid by the receiving party, and the appropriate reimbursement and quality control procedures. The parties undertake this agreement to provide installation support services between the providing partner and the receiving partner.
The Transaction Document is the legally binding document signed by the delegated GC/Garrison Manager and the public partner representative to formally (and legally) enter into the IGSA.
NOTE: The IGSA must be completed (signed by both parties) within 180 days of receipt of the approval memo. Forward a copy of the signed IGSA to the IMCOM IGSA PM within 30 days after both parties have signed.
4. 2 IGSA MANAGERS AND TECHNICAL REPRESENTATIVES
The IGSA-Ms and IGSATRs are the garrison’s front-line resources for IGSA program management. They assist all interested parties in the development, coordination, execution, and termination of an IGSA. They work with the IGSA PO to provide the garrison and the State and/or local governments interested in an installation support service IGSA with policy information as well as concept package development assistance and guidance. They provide the garrison and others an understanding of the benefits of an IGSA as well as areas of concern that may hinder or impede the development of an IGSA. A detailed list of the recommended roles and responsibilities of IGSA-M and IGSA-TR can be found in Annex F. (See Annex J for IGSA-M Appointment Memorandum)
4. 3 IGSA PAYMENT PROCEDURES
The majority of IGSAs will involve the payment and receipt of money. In most cases, it will be the Army/garrison paying the State or local government for installation support services provided by the State or local government. The IGSA-M and IGSA-TR typically need the support of the garrison’s RMO to set up and track IGSA execution and performance. IGSAs are not subject to the rules of the Federal Acquisition Regulation (FAR), are not subject to the Davis-Bacon wage Act, the Contract Services Act, Javits-Wagner-O’Day (JWOD) Act, or any other provision of law governing the award of Federal government contracts for goods and services. IGSAs can displace 8(a), AbilityOne, and other special acquisition programs. Below are instructions from the IMCOM Narrative Funding Guidance on how garrisons should manage IGSA financial requirements and responsibilities.
Within ten days of the IGSA being signed by both the municipality representative and the Garrison Commander, the Garrison RMO must record the obligation within the accounting system using the prescribed standard structure as outlined below. The payment method for IGSAs with municipalities will be via a miscellaneous payment transaction through the General
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Packet Pg. 935 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 13 Fund Enterprise Business System (GFEBS). Standard processing time for the payment is thirty days after all required documentation is processed and uploaded in GFEBS. The municipalities will provide their assigned Commercial and Government Entity (CAGE) Code and Electronic Fund Transfer (EFT) information to facilitate payments.
Financial managers will build utilize the project structure provided by G4, and they will set up Funded Programs and obligate as outlined in the Technical Cost Handbook and IGSA Handbook.
Each IGSA will be given a unique number so that it can be tracked. The numbering convention for IGSAs is as follows:
UIC > IGSA > Fund Center > FY > Series Number
Example: W6CGAA – IGSA – A6011 - 20 – 0001
In addition, IMCOM G8 will develop and publish a standard project structure for IGSAs within GFEBS as follows:
IMCOM IGSA Program
A60XX IMCOM Directorate
A60XX USAG Garrison
IGSA 123
IGSA 456
PROCESS:
1. Funding - No change to existing practices. Budget year funding and execution processes remain unchanged.
2. Create Work Breakdown Structure (WBS) – Create child WBS under the Standard Command Structure. The Funded Program on the WBS must be created as shown below:
IGSA >A60XX>____ (the last 4 numbers of the IGSA)
Example: IGSAA60115678
The above Funded Program naming convention will allow IMCOM to pull Commitment, Obligation, Expense, and Disbursement information from the Enterprise Resource Program environment, reducing need for data calls.
3. Funds Obligation – No change to existing practices.
a. Obligation Supporting Documentation will be the signed IGSA b. GFEBS steps to process the obligation are as follows:
(1) Use FMZ Doc type F9 (Miscellaneous)
(2) The Document Header text field will be populated with “State of ###” or “City of ###” or “County of ###” of the municipality (example: City of Fayetteville)
(3) The Line Item text field will be populated as follows: UIC-IGSA-Fund Center-FY-Sequence number of the IGSA (IGSA Number)
4. Receiving/Invoicing –The municipality will send the invoice to the IGSA Technical Representative (IGSA TR), as designated and prescribed in the IGSA. a. Invoice. The municipality (i.e. Service Provider) shall submit a valid invoice (with supporting cost/expense documentation)
b. A valid invoice must include:
(1) Service Provider’s name and address
(2) Invoice date and number
(3) The IGSA number, project line item number, if applicable, and, if applicable, the order number if issued
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Packet Pg. 936 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 14 (4) Description, quantity, unit of measure, unit price and extended price of the items delivered
(5) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading (if applicable) (6) Name, title, and phone number of person to notify in event of defective invoice
(7) Commercial and Government Entity (CAGE) Code (Note: the CAGE code is a standard method of identifying a legal entity at a specific location. CAGE codes are managed by Defense Logistics Agency through SAM.GOV) (8) Terms of any discount for prompt payment offered (if applicable) (9) Name and address of official to whom payment is to be sent (10) Any discount rates (if applicable)
(11) Payment method instructions
c. The IGSA TR will review invoice and acknowledge satisfactory receipt of all services and annotate date received on the invoice and forward the invoice to the IGSAM.
d. The IGSA Manager (IGSAM) will review invoice and authorize payment if all billed services have been satisfactorily completed. e. Invoice will be entered into GFEBS against the funded IGSA FMZ document by the Resource Management Office, who will certify invoice to Defense Finance and Accounting Service (DFAS) authorizing issuance of payment to the Service Provider
f. Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C 3903) and Office of Management and Budget (OMB) prompt payment regulations at 4 CFR part 1315.
5. Reconciliation. Garrisons will perform periodic reconciliation of the IGSA to ensure execution is in alignment with supporting documentation. If either Party becomes aware of unrecorded financing or invoiced activities all parties will take immediate corrective action to remedy the transaction.
a. The Service Provider may issue a demand for payment to the Service Receiver upon discovery of a debt due under the IGSA.
b. Payment dispute will be processed IAW the signed IGSA. c. Commitment Item Detail: HQ IMCOM IGSA Program Office will provide a schedule of GFEBS commitment items for IGSA payments at a later date.
G8 POC: Manpower, Ana Reyes, [email protected], 210-466-0747 G4 IGSA POC: Jean Williams, [email protected], 210-466-1518
4. 4 IGSA MODIFICATION / TERMINATION / RENEWAL
IGSAs follow the general processes set by AR 5-9 for Installation Agreements (IA) for modification and termination. Minor changes to IGSAs may be made at any time by the IGSAM by either pen-and-ink or by using an administrative changes memorandum provided the changes do not exceed the annual cost threshold approved and are in scope of the approved IGSA concept packet. The GC/GM and the State or local government representative who signed the original IGSA must initial changes. When practical, IGSA modifications and terminations should be made bilaterally and with sufficient advance notification to permit
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Packet Pg. 937 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 15 appropriate resource adjustments to be made during the budget formulation process.
In the event, a garrison wants to renew its IGSA, the garrison IGSA-M will send notification of intent to renew to the IMCOM IGSA PM, at least 120 days prior to the end of the IGSA. At 90 days prior to the end of the IGSA, the IGSA-M will forward an IGSA Renewal Package to the IMCOM IGSA PM. The Renewal Package will include the following: Garrison Memo supporting renewal and the new course of action (COA) determination structure highlighted in Appendix 1 to Annex C to OPORD 20-005. A new COA determination is required as it is possible that during the IGSA’s period of performance facts and assumptions in the initial IGSA may have changed. The IMCOM IGSA PM will staff the IGSA renewal request IAW the endorsement and approval process set forth in Section 3.1.
NOTE: The term of an IGSA can be for a period of up to ten (10) years. IGSAs with reimbursable cost will be reviewed annually for financial impacts to ensure continued accuracy of cost and reimbursement amounts as well as anticipated savings and/or cost avoidances and in its entirety at mid-point. IGSAs with no reimbursable cost will be reviewed, at a minimum, every 3 years. Reviews will be completed by the IGSA-M and IGSA-TR to ensure continued accuracy of cost and reimbursement amounts as well as anticipated savings and/or cost avoidances.
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Packet Pg. 938 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 16 ANNEX A – 10 USC 2679
10 U.S. Code § 2679 - Installation-support services: intergovernmental support agreements (a) IN GENERAL.
(1) Notwithstanding any other provision of law governing the award of Federal government contracts for goods and services, the may enter into an intergovernmental support agreement, on a sole source basis, with a State or local government to provide, receive, or share installationsupport services if the Secretary concerned determines that the agreement will serve the best interests of the department by enhancing mission effectiveness or creating efficiencies or economies of scale, including by reducing costs.
(2) An intergovernmental support agreement under paragraph (1) (A) may be for a term not to exceed ten years; and
(B) may use, for installation-support services provided by a State or local government, wage grades normally paid by that State or local government. (3) An intergovernmental support agreement under paragraph (1) may only be used when the Secretary concerned or the State or local government, as the case may be, providing the installation-support services already provides such services for its own use. (4) Any contract for the provision of installation-support services awarded by the Federal Government or a State or local government pursuant to an intergovernmental support agreement provided in subsection (a) shall be awarded on a competitive basis. (b) EFFECT ON FIRST RESPONDER ARRANGEMENTS.
The authority provided by this section and limitations on the use of that authority are not intended to revoke, preclude, or otherwise interfere with existing or proposed mutual-aid agreements relating to police or fire protection services or other similar first responder agreements or arrangements.
(c) AVAILABILITY OF FUNDS.
Funds available to the Secretary concerned for operation and maintenance may be used to pay for such installation-support services. The costs of agreements under this section for any fiscal year may be paid using annual appropriations made available for that year. Funds received by the Secretary as reimbursement for providing installation-support services pursuant to such an agreement shall be credited to the appropriation or account charged with providing installation support.
(d) EFFECT ON OMB CIRCULAR A-76.
The Secretary concerned shall ensure that intergovernmental support agreements authorized by this section are not used to circumvent the requirements of Office of Management and Budget Circular A-76 regarding public-private competitions.
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Packet Pg. 939 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 17 (e) DEFINITIONS. In this section:
(1) The term “installation-support services” means those services, supplies, resources, and support typically provided by a local government for its own needs and without regard to whether such services, supplies, resources, and support are provided to its residents generally, except that the term does not include security guard or fire-fighting functions. (2) The term “local government” includes a county, parish, municipality, city, town, township, local public authority, school district, special district, and any agency or instrumentality of a local government.
(3) The term “State” includes the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, American Samoa, Guam, and the United States Virgin Islands, and any agency or instrumentality of a State.
(4) The term “intergovernmental support agreement” means a legal instrument reflecting a relationship between the Secretary concerned and a State or local government that contains such terms and conditions as the Secretary concerned considers appropriate for the purposes of this section and necessary to protect the interests of the United States. (Added Pub. L. 112–239, div. A, title III, § 331(a), Jan. 2, 2013, 126 Stat. 1696, § 2336; renumbered § 2679 and amended Pub. L. 113–291, div. A, title III, § 351(a), (b), Dec. 19, 2014, 128 Stat. 3346; Pub. L. 114–92, div. A, title X, § 1081(a)(9), (b)(1), Nov. 25, 2015, 129 Stat. 1001; Pub. L. 115–91, div. B, title XXVIII, § 2813, Dec. 12, 2017, 131 Stat. 1849.)
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Packet Pg. 940 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 18 ANNEX B – PARTNERSHIP AUTHORITIES
PARTNERSHIP TOOL AUTHORITY /
GUIDANCE DESCRIPTION
Community Agreement DoDI 1015.10
Allows Army to utilize MWR activities available in the
community. Ex. Agreement between installation and
community for installation use of community pool.
Cooperative
Agreements DoDI 3210.6
Cooperative Agreements are used to carry out a public
purpose of support or stimulation by transferring
something of value to the partner, where substantial
involvement is expected between parties. Ex. Initial
agreement between Presidio of Monterey and the City of
Monterey for installation services.
Intergovernmental
Support Agreements
(IGSA)
10 USC 2679
IGSAs are used to receive, provide, or share an
installation-support service with a State or local
government, where the State or local government currently provides the service for its own residents. IGSAs involve a transfer of funds. Ex. Current agreement between
Presidio of Monterey and City of Monterey.
Lease 10 USC 2667
Allows another party to utilize a specific portion of Army property. Provides exclusive possession for a specified term for either cash or in-kind consideration. Ex.
Agreement allowing Charter School use of vacant
installation building.
License 10 USC 2667
Provides temporary use and non-exclusive possession of
Army property for cash, in-kind consideration and in some instances without charge. Ex. Agreement allowing use of installation parade ground for soccer tournament.
Mutual Aid Agreements
(Emergency) DoDI 6055.17
An MAA is used to establish mutual aid assistance for fire and emergency services with a local jurisdiction. Ex.
Agreement between community and installation to provide ambulance and other emergency services.
Mutual Aid Agreements
(Fire) DoDI 6055.06
An MAA is used to establish mutual aid assistance for fire and emergency services with a local jurisdiction. Ex.
Agreement between community and installation fire
departments to provide fire suppression support when
requested.
Procedures and
Support for NonFederal Entities
Authorized to Operate
on DoD Installations
DoDD 1000.26
DoDI 1000.15
AR 210-22
Authorizes presence and entering into ‘agreements’
(Support Agreement, Lease, License, et.) with a nonFederal entity/private organization. Ex. Agreement to provide space to local Chamber of Commerce as means
of linking local employment requirements with skills of installation residents.
Reciprocal Fire
Protection Agreements 42 USC 1856a
Authorizes an agency charged with duty of providing fire protection of any U.S. property to enter into a reciprocal agreement, with any fire organization maintaining fire
protection facilities near such property. Ex. Agreement
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Packet Pg. 941 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 19 PARTNERSHIP TOOL AUTHORITY /
GUIDANCE DESCRIPTION
between installation and organization like CAL Fire to
support efforts to suppress forest fires.
Support Agreements
(Inter/Intra Service) DoDI 4000.19
An MOA is used, typically, to document specific terms and responsibilities between two or more parties, especially when there will be a commitment of resources and some form of compensation using other than appropriated funds. Ex. MOA with County Parks Department to pick up trash on installation’s beach as part of County’s trash collection on public beach.
An MOU is used, typically, to formalize an agreement when no funds or resources of value are being exchanged between parties. Ex. MOU between local college and installation to provide resources to aid in spousal employment.
Utility Energy Service
Contract
10 USC 2913
(gas/electric)
10 USC 2866
(water/wastewater)
Army may use a simplified method of contracting for
shared energy savings contract services that will
accelerate the use of these contracts with respect to
military installations and will reduce the administrative effort and cost on the Army as the public/private sector.
Ex. Contract between installation and public utility
company for system improvements and O&M of same.
Utility Privatization 10 USC 2688
Army may convey a utility system, or part of a utility
system, under the jurisdiction of the Secretary to a
municipal, regional, district, or cooperative utility company or other entity. Ex. Sale and transfer of installation waste water treatment plant to public utility.
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Packet Pg. 942 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 20 ANNEX C– INSTALLATION SUPPORT CATEGORIES
This following list of installation support categories comes from Enclosure 4 of DODI 4000.19.
This list includes descriptions of common installation support functions that may be provided, shared, or received through an IGSA. The list is not all-inclusive, and the support descriptions can be modified as needed for each IGSA to clearly identify the specific support that will be provided. Support not included in this enclosure may be added to an agreement.
Administrative Services. Includes records management, personnel locator, document control and handling, forms and publications, and maintenance of official publications reference libraries.
Audio and Visual Information Services. Includes still photography, graphics, micrographics, and presentation services. Also, includes film, video and audio media services.
Automated Data Processing and Automation Services. Includes data processing services and systems analysis. Also, includes design, development, execution, and life cycle maintenance of data processing systems.
Chapel and Chaplain Services. Includes pastoral ministries, worship services, religious rites, pastoral visits, spiritual counseling, and religious education.
Civilian Personnel Services. Includes recruitment, classification, staffing, pay administration, personnel management, employee relations, awards, equal opportunity programs, and career development.
Clubs. Includes management of officer, non-commissioned officer, enlisted, all hands, aero, community and other recreational clubs.
Common Use Facility Construction, Operations, Maintenance, and Repair. Includes construction, alteration, operation, maintenance, and repair of common use infrastructure (e.g., roads, grounds, surfaced areas, structures, real property and installed equipment).
Also, includes common benefit signs, energy consumption, snow removal, street cleaning, and installation beautification projects.
Communication Services. Includes dedicated communications services and telephone equipment. May also include leasing of communication equipment, lines, and special communications-electronics equipment services.
Community Relations. Includes public relations activities, charity fund raising events, and installation open house programs.
Community Services. Includes family support center activities, child development services, dependent youth activities, theaters, and thrift shops.
Cost Avoidance. Includes an avoidance of a future cost the Army would otherwise incur if an IGSA were not executed. An example is future facility construction or renovation.
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Packet Pg. 943 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 21 Cost Savings. Includes the actual or projected reduction in the cost of goods or services procured via an acquisition strategy other than IGSA when compared to the cost of the same goods and services via an IGSA.
Custodial Services. Includes janitorial and cleaning services for customer-occupied and customer-used facilities and areas.
Disaster Preparedness. Includes operation of disaster preparedness programs and related services, equipment, and facility support for emergencies and wartime operations.
Duplication Services. Includes the operation of centralized copying equipment and related services.
Education Services. Includes instruction, counseling, and testing.
Entomology Services. Includes abatement and control measures directed against insects, rodents, weeds, fungi, and other animals or plants that are determined to be undesirable in buildings, equipment, supplies, and on grounds.
Environmental Cleanup. Includes collection, clean-up, transportation, and disposal of hazardous material.
Environmental Compliance. Includes recycling and resource recovery programs, pollution prevention, environmental compliance, and programs aimed at management and control of hazardous materials -- does not include clean-up and disposal of hazardous materials.
Equipment Maintenance, Repair, and Calibration. Includes maintenance, repair, and calibration of industrial equipment, construction equipment, laboratory equipment, office equipment, and other non-tactical equipment -- does not include vehicles.
Explosive Ordnance Support. Includes services and facilities for explosive ordnance storage, disposal and training.
Facility Construction and Major Repair. Includes minor construction, alterations, additions, and major repairs required to modernize, replace, expand or restore real property. Also, includes related planning and design.
Facility and Grounds Maintenance and Minor Repair. Includes routine and cyclical preventive maintenance and minor repairs required to preserve or restorerealproperty so it may be used for its designated purpose.
Finance and Accounting. Includes expense, reimbursement, working fund, payroll and leave accounting. Also includes disbursing, voucher and invoice examination, financial reporting, and the development of accounting systems.
Food Service. Includes preparation and service of food to authorized personnel,
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Packet Pg. 944 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 22 and related dining facilities operations.
Health Services. Includes administration of healthcare programs, inpatient and outpatientmedical and dental treatment, and other related medical support and professional services. Also, includes veterinary support.
Housing and Lodging Services. Includes family, unmarried, and unaccompanied housing referral services. Also, includes operation of family housing, bachelor officer quarters, bachelor enlisted quarters, and transient accommodations.
Laundry and Dry Cleaning. Includes cleaning and storage of clothing and other items made of cloth.
Legal Services. Includes the provision of advice and services on all legal matters pertaining to legal assistance, military justice, initial claims processing, property utilization, award and execution of procurement contracts, and personnel matters such as conflicts of interest, standards of conduct, and grievance hearings and reviews.
Libraries. Includes technical and legal libraries, and services that provide limited reference information for officialpurposes.
Mail Service. Includes collecting, accepting,sorting, routing, and delivery of official and personal mail on DoD installations and in DoD-owned or DoD-leased facilities.
Mail Postage Service. Includes postage and fees for official mail and application thereof.
Military Personnel Support. Includes passport, forces stamp, social security, and other personal affairs services for military personnel. Also includes processing of identification cards, security clearances, testing of individuals, line-of-duty investigation reports, casualty assistance reporting, noncombatant evacuation operations, relocation assistance, and transition assistance.
Mobilization Support. Includes planning, provisioning, and support for mobilization of Active, Reserve, and Guard forces.
Morale, Welfare, and Recreation (MWR) Activities. Includes operation of recreational centers, gyms, fitness centers, parks, athletic fields, recreational and general reference libraries, hobby shops, craft centers, and related services.
Mortuary Services. Includes all logistical functions related to the recovery, identification, care, and disposition of deceased personnel. Includes continental United States port, and overseas mortuary services.
Museums. Includes operation of facilities and services that display objects of historical military value and significance.
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Packet Pg. 945 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 23 Occupational and Industrial Health Services. Includes worker and work place health screening programs, and industrial hygiene surveillance ofthe occupational environment. Also, includes physical examinations and worker compensation evaluations.
Printing Services. Includes the operation of centralized printing, collating, binding, and mass mail addressing services.
Public Affairs. Includes activities aimed toward responding directly or through news media to the general public's right and need to know how DoD activities accomplish assigned tasks and missions. Also includes distribution of public and community relations information.
Purchasing and Contracting Services. Includes acquisition and contract administration services for procurement of property, equipment, services, construction, and supplies.
Also includes services for renting and leasing.
Refuse Collection and Disposal. Includes collection and disposal of trash and waste management/recycling of materials.
Resource Management. Includes funds management, cost analysis services, and budget formulation, reporting, and execution. Also includes financial liability investigation of property losses.
Retired Affairs. Includes operation of retired affairs support offices and provision of special services, activities, and programs provided primarily for retired personnel.
Safety. Includes operation of safety programs, educational support, and promotional efforts.
Security Services. Includes security inspections, controlling entry and egress, and protecting DoD-owned or DoD-operated facilities. Also includes management of 911 calls, traffic management, vehicle decals, and parking pass services and operation of confinement and detention facilities, and related services.
Shuttle Services. Includes scheduled operation of local taxis, vans, and bus transportation services.
Social Actions. Includes civilian and military personnel assistance and training pertaining to substance abuse and human relations.
Storage and Warehousing. Includes provision of space and services related to the management of commodities, material, and equipment; includes receipt, storage, issue, and shipment of items from storage.
Supply Services. Includes the provision of any common, generally expendable, nontechnical commodity, material, or equipment (e.g., administrative office and
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Packet Pg. 946 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 24 housekeeping supplies, duplicating paper, common hardware, plumbing and electrical supplies, building materials, paint, and tools).
Training Service. Includes instruction and use of target ranges, simulators, and other training facilities.
Transportation Services. Includes transportation services related to both commercial and Government-owned transportation of personnel, personal property, and material.
Also includes shipment planning, packing and crating, port clearance, scheduling, processing of transportation documents, and related transportation services.
Utilities. Includes water, sewage, electricity, natural gas, and fuel oil services. Also, includes central generation and distribution of steam, chilled water, and compressed air.
Vehicle Support. Includes maintenance and repair of customer vehicles, and supply, maintenance and repair of vehicles provided for a customer's use. Also, includes chartered transportation services.
Weather Services. Includes advising and providing timely notification of weatherconditions that would affect planned activities.
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Packet Pg. 947 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 25 ANNEX D – IMCOM PUBLIC AFFAIRS OFFICE GUIDANCE FOR IGSAs:
UNCLASSIFIED/FOUO
Source: IMCOM Communication Toolkit – September 2019
Primary Audience: Garrison staff: contract, agreement, and resource managers; DPW, SJA, PAO, and Army Commanders. Public partners: any agency or instrumentality of a local or State government.
Secondary Audiences: Community leaders, reporters, bloggers.
End state: An institutionalized mindset that incorporates public-public partnerships to enhance mission readiness in an era of reduced resources.
IMCOM Organizational Goal(s): Integrate and deliver base support to enable readiness for a globally-responsive Army.
Communications Goal: Garrison Commanders, senior members of their staffs, and municipal and elected leaders will understand the value and potential savings of public-public partnerships.
Key Message: Garrison installation support service contracts that are converted to Intergovernmental Support Agreements (IGSAs) average a 30% savings to IMCOM. IMCOM Commanding General encourages garrison’s efforts to look for IGSA opportunities.
Strategy Statement: Garrison staff members will engage with their local and state counterparts and open a dialog to explore IGSA opportunities.
Talking Points:
1. IGSAs are a vital component of reshaping to identify and harvest resources. On average, the Army realizes a 30% cost reduction for installation support services provided through IGSAs with local or state government partners.
2. IGSAs represent a way of partnering to provide, receive, or share installation support services. IGSAs are not contracts, they are public-public partnerships.
3. Army leaders acknowledge the important roles played by contracting partners. IGSA’s are not meant to replace contracts or contractors, but are a cooperative way to strengthen our communities while enabling readiness in a cost-effective manner.
4. IGSAs serve the interest of the Army if they enhance mission readiness or create efficiencies and economies of scale.
5. HQ IMCOM is currently running a multimillion-dollar IGSA program, resulting in significant cost savings and avoidance.
6. The goal of the IGSA program is to enhance mission viability and improve quality of service for Soldiers while implementing collaborative projects that reduce redundancies, costs, and risks through relationships that provide mutual value to the government and local communities.
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Packet Pg. 948 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 26 7. IGSAs may be entered into on a sole source basis between the U.S. Army and the public partner. IGSAs are not required to use Davis-Bacon or Service Contract rates and may employ the wage rates paid by the State or local government.
8. IGSAs provide relief from the rigor and complexity of the Federal Acquisition Regulations that govern traditional procurement contracts.
9. IGSAs cannot be used for security guard or firefighting functions.
10. Not all partnership concepts will result in an IGSA. We must explore the entire partnership spectrum to maximize partnership benefits.
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Packet Pg. 949 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 27 ANNEX E – PARTNERSHIP AUTHORITY DECISION TOOL
Note: Full resolution copies available on IMCOM Partnership SharePoint Site.
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Packet Pg. 950 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 28 ANNEX F – RECOMMENDED ROLES AND RESPONSIBILITIES FOR IGSAs Designate an IGSA Manager (IGSA-M) and IGSA Technical Representative (IGSATR) in writing. (See Annex J for IGSA-M Appointment Template) Provide signature approval of agreements to ensure compliance with applicable regulatory guidance for those agreements having an impact on, or affecting, Garrison commitments.
Return all IGSA documents, which have not been properly staffed. Ensure staff review includes the Garrison Resource Management Office and Legal. The approval memo designating the garrison commander to sign the IGSA transaction document on behalf of the Army, carries the same responsibility and authority as a warrant issued to a contracting officer which legally binds the Army to a course of action and authorizes the expenditure of tax payer funds.
IGSA-M:
Hold primary responsibility to manage the development and execution of the Garrison’s IGSA Program.
Develop and negotiate, staff and process for signing all IGSAs for the Garrison and establish timelines for completion.
Administer and monitor IGSAs. Oversee and ensure the performance of cyclic reviews of the IGSA program of the activity to ensure compliance with established DoD, DA, and IMCOM policies to determine if the IGSA should be continued, modified, or terminated.
Coordinate the development and negotiation of IGSAs with applicable State and local government installation support service providers and lead the effort to resolve differences that may exist.
Provide initial and final review of all IGSAs, prior to Garrison Command signature, to ensure consistency with prescribed regulations, concepts, and policies; and ensure that appropriate funding and manpower requirements are included. Oversee the assignment of an IGSA number for every newly developed agreement.
Information needed will be name, fiscal year, service provided, amount billed for each service, amount expected to be earned; the actual earned amount nature of the agreement.
Ensure all IGSAs are provided to the Garrison Legal Office for a legal review. Assist functional managers with the preparation of IGSA packages and ensure all IGSAs are staffed appropriately.
Provide guidance and assistance in the development of cost benefit analyses by working in coordination with the applicable garrison functional manager or subject manner expert. Exercise program management and oversight to determine actual costs through reviews with activities and Resource Management. Coordinate with the Resource Management Office, Program and Budget Analysts to ensure bills are submitted to each customer for reimbursable services as required. Ensure the placement of one (1) signed original IGSA, along with any backup/coordination documentation, in the Garrison's Repository of Agreements. Ensure that there are procedures established that all IGSA documentation is retained Garrison Commander / Deputy Garrison Commander
IGSA Manager (IGSA-M) and IGSA Technical Representative (IGSA-TR)
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Packet Pg. 951 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 29 at the installation level for a minimum of six (6) years after the end or termination of the IGSA for future audits.
IGSA-TR:
Assist the IGSA-M in the management of the Garrison’s IGSA Program. Assist the IGSA-M in the development and negotiation, staffing and processing for signature all IGSAs for the Garrison and establish timelines for completion. Perform the actual administration and monitoring of IGSAs. This includes the performance of cyclic reviews of the IGSA program to ensure compliance with established DoD, DA, and IMCOM policies to determine if theIGSA should be continued, modified, or terminated.
Work with the IGSA-M to coordinate the development and negotiation of agreements with applicable State and local government installation support service providers and provide assistance to the IGSA-M in resolving differences that may exist. Work with the IGSA-M in the review of all IGSA concept packets, prior to Garrison Command signature, to ensure consistency with prescribed regulations, concepts, and policies; and ensure that appropriate funding and manpower requirements are included.
Perform the actual assignment of an IGSA number for every newly developed IGSA.
At a minimum, the information needed will include name, fiscal year, service provided, amount billed for each service, amount expected to be earned. Work with the IGSA-M to ensure that all IGSAs are provided to the Garrison Legal Office for a legal review.
Assist the IGSA-M and functional managers with the development and drafting of IGSAs and ensure all agreements are staffed appropriately. Develop cost benefit analysis in coordination with IGSA-M and the applicable garrison functional manager or subject manner expert. Provide assistance to functional program managers to determine and capture actual costs through reviews with activities and Resource Management.
Coordinate with the Resource Management Office, Program and Budget Analysts to ensure bills are submitted to each customer for reimbursable services as required. Place one (1) signed original IGSA, along with any backup/coordination documentation in the Garrison's Repository of Agreements. Work with the IGSA-M and functional proponent SME in the annual review of IGSA performance. Included in the review: discussion of performance and execution issues and possible improvements; lessons learned, and the capture and recordation in the Garrison’s Repository of Agreements the actual amount saved or actual cost avoidance.
Manage the installation level storage and retention of all IGSA documentation for a minimum of six (6) years after the end or termination of the IGSA for future audits. Ensure that reimbursement instructions contained in agreements are consistent with DoD, DA, and IMCOM policies.
Assist the IGSA-M and IGSA-TR in determining the reimbursable relationship with each provider.
Resource Management Office, Program/Budget
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Packet Pg. 952 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 30 Prior to the beginning of each fiscal year, review agreements to ensure accuracy of cost and reimbursement amounts. Coordinate any required cost adjustments with the IGSA-M and IGSA-TR to ensure customer bills are updated as necessary. Ensure that customer reimbursements pursuant to agreements are properly integrated into the Garrison's budget planning and execution documents and processes. Ensure the financial management database (GFEBS) cross-references funding documents to the corresponding IGSA IAW Annex K. Reconcile the log to track the agreement number, name, sales order, fiscal year, service provided, amount billed for each service, amount expected to be earned, and the actual earned amount with the IGSA-M and IGSA-TR.
Ensure incoming/outgoing reimbursements are properly applied to or documented in applicable operating budgets.
Establish a separate cost center in the Automated Time and Attendance Production System (ATAAPS) to track the actual labor cost for each reimbursable employee's labor hours. This will allow the garrison to report and track the actual reimbursable hours and ensure the customer is only charged for actual hours worked. Designate an IGSA coordinator to serve as point of contact for the staffing and controlling of respective directorate/office IGSAs. Provide the name, office symbol, and phone number of the designated individual to the IGSA-M and IGSA-TR; update as necessary.
Monitor the performance of support in areas of assigned responsibilities to ensure compliance with the terms of the IGSA.
Review and identify significant changes in factors affecting the cost or ability to provide support.
Identify services provided which are above the standard and provide the Resource Management Office detailed information with appropriate cost data. Provide input to the garrison's Common Levels of Support and Reimbursable Services Catalog. Assume responsibility for preparation of any IGSA concept packet required by the respective directorate/office. Submit all IGSAs to the IGSA-M and IGSA-TR for review and further staffing to Legal and other Garrison offices prior to submission to the Garrison Command Group for signature. IGSA documents submitted to the Garrison Command Group without proper staffing will be returned. Review, prior to signature, all IGSA documents for changes, modifications, supplements, etc., to ensure conformance with legal requirements, compliance with DCS G9 and IMCOM policy, and appropriate definition of Army/Garrison rights and liabilities, including the definition of the scope of each IGSA to ensure protection of Army/Garrison rights and liabilities.
Participate in IGSA negotiations, as required.
Garrison Directors/Office Chiefs/Functional Experts or Managers Legal Office
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Packet Pg. 953 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 31 All agreements will be developed in collaboration with the IGSA-M and IGSA-TR in the respective Garrison RMO.
The IGSA-M and IGSA-TR staffs/coordinates agreements with affected organizational elements (and the Program/Budget Office when costs are involved) to ensure that agreement narratives are consistent with functional requirements/alignments and to obtain resource/cost data. All IGSA documents must be reviewed by the Garrison Legal Office before final approval.
IGSAs involving reimbursement must be reviewed annually to ensure continued accuracy of cost and reimbursement amounts.
All IGSAs will have an expiration date not to exceed 10 years from the date they are signed by both parties. If there is an interest in the IGSA to continue beyond the initial 10 years, the IGSA package will need to be resubmitted for review and approval.
Minor changes may be made at any time by pen-and-ink or by using the administrative changes memorandum; changes must be initialed by the parties who signed the original IGSA.
One signed original of all approved/finalized agreements, along with any backup/coordination documentation, will be provided to the IGSA-M and IGSA-TR for the Garrison's Repository of IGSAs.
IGSA Staffing / Review / Update - GENERAL
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Packet Pg. 954 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 32 ANNEX G – IGSA DELEGATION OF APPROVAL AUTHORITY
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Packet Pg. 955 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 33 19.a
Packet Pg. 956 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 34 19.a
Packet Pg. 957 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 35 19.a
Packet Pg. 958 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 36 19.a
Packet Pg. 959 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 37 19.a
Packet Pg. 960 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 38 ANNEX H – IGSA CONCEPT PACKET TEMPLATES
Garrison Commander Memo
Appendix 1 to Annex C to IMCOM OPORD 20-005 Part 1
OFFICE SYMBOL DATE
MEMORANDUM THRU [Appropriate IMCOM-Directorate (Readiness, Sustainment, Training, Pacific), ADDRESS]
FOR Deputy Commanding General, U.S. Army Installation Management Command, 2405 Gun Shed Rd, Joint Base San Antonio, Fort Sam Houston, TX 78234-1223 SUBJECT: Intergovernmental Support Agreement (IGSA) Concept: (Garrison Name and IGSA Concept Short Title) (Example: Garrison X: Trash Removal Services)
1. References:
a. IMCOM OPORD 20-005: IMCOM Intergovernmental Support Agreement (IGSA) Program.
b. (List additional policies/regulations/Operation Orders that are relevant)
2. Scope: Concisely provide the IGSA scope here. (Example: Garrison X will partner with City Y to share City Y trash removal services currently procured by Garrison X via a services contract).
3. Objectives: What are goals/objectives of this partnership?
4. Discussion: Provide a brief overview of proposed IGSA, e.g., why/when needed, key events, leadership decisions, public requests, or other information/influences on local government/Army relationship. Include all pertinent information that has bearing on the proposed IGSA concept. (Example: Garrison X currently contracts for trash removal services via a services contract. This contract is a base plus 4 option year contract currently in the 3rd option year. By partnering with City Y and using their trash removal services we estimate this IGSA concept could save $X per year.)
5. Benefit Analysis: Answer the question: Why is this IGSA concept in the best interest of the Army and the proposed public partner? All direct and indirect drivers/costs should be quantifiable; avoid qualitative drivers/costs. (Example: The Garrison X trash removal contract cost $100K per year. The estimate annual cost of using the City Y trash removal service is $65K. Garrison X can achieve a cost avoidance savings of an estimated $35K per year by partnering with City Y for trash removal services. The City partner will benefit from an additional administrative revenue stream.).
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Packet Pg. 961 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 39 6. Risk Analysis: List here any issues that my complicate implementation of the IGSA concept and provide a risk mitigation strategy for dealing with the issue. (Example:
Additional costs may be incurred if current trash removal contract is terminated mid option year. Will wait until end of option year before implementing IGSA contract.
Option year ends on XX OCT 2018).
7. Place Garrison POC here.
Encls 2 SIGNATURE BLOCK
1 IGSA Coversheet
2 COA Determination
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Packet Pg. 962 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 40 Enclosure 1 IGSA Coversheet
INTERGOVERNMENTAL SUPPORT AGREEMENT (IGSA) COVERSHEET
This document is intended to support the auditability of the IGSA program at installation and HQ IMCOM levels.
Preparer’s
Initials
Questions/Procedures
1. Installation and Partners:
2. Is the proposed function currently executed by the Army via contract? Yes No
2a. Identify the type of contract with a checkmark:
8(a) set-aside AbilityOne Other
2b. Contract award date: How many option years remain?
Contract expiration date:
2c. Current annual cost of the contract:
2d. Current Contract Number:
3. Has this function ever been performed by a Department of the ArmyCivilian? Yes No
3a. When was the last time this work was performed (year)?
4. Length of IGSA (Not to exceed 10-years):
5. Annual IGSA cost:
6. Estimated annual savings from transition to IGSA:
7. Estimated cost reduction percentage:
8. Estimated cost avoidance (if any):
8. Services provided:
9. IGSA Manager and Technical Representative (TR) (Name, title, email and phone):
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Packet Pg. 963 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 41 Enclosure 2 Course of Action Determination
1. Constraints of Analysis (Include as many key facts/assumptions as required):
a. Facts: A fact is something that is empirically true and can be supported by evidence. Include only relevant facts – those items of information that have a direct bearing on the COA being developed.
(1) Fact 1:
(2) Fact 2:
(3) Fact 3:
b. Assumptions: Assumptions are factors or conditions that are essential to the success of the solution and are beyond the control of the organization. Assumptions define the ground rules and accepted statements in order to limit the scope of the COA.
They are explicit statements of conditions on which the COA is based. (1) Assumption 1:
(2) Assumption 2:
(3) Assumption 3:
2. Courses of Action (COA) (Include as many viable COAs as required and use short names):
a. COA 1 (Status Quo): The status quo (also known as the “As-Is” state), is the “baseline” program, system, or situation against which the costs and benefits of all feasible alternatives are compared.
(1) Attribute of COA:
(2) Attribute of COA:
(3) Total Period of Performance Cost of COA:
b. COA 2: Description of alternative COA. Include any relevant 2nd and 3rd order effects, risks, etc.
(1) Attribute of COA:
(2) Attribute of COA:
(3) Total Period of Performance Cost of COA:
3. Selection Criteria and Decision Matrix: In accordance with 10 U.S.C. 2679, an IGSA is determined to be in the best interest of the Service (Army) by enhancing mission
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Packet Pg. 964 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 42 effectiveness, creating efficiencies, creating economies of scale, and by reducing costs.
These benefits translate into five (5) selection criteria factors that will be analyzed through the COA determination matrix exercise.
a. IGSA Selection Criteria Factors:
1. Readiness: Improves, enhances or expands Mission, Installation, and/or Community Readiness.
2. Efficiencies: Creates an efficiency or economies of scale.
3. Modernization: Modernizes Infrastructure, a Service, System, or Process.
4. Cost: Realizes cost reduction, deferral, or avoidance.
5. Quality of Life: Improves relationships with community / public partner.
Provides previously unavailable service to soldiers and their families. b. COA Determination Matrix (EXAMPLE):
Evaluation Criteria
Weight
Factor
COA 1- Status
Quo COA 2 - IGSA
Readiness 1 2 (2) 1 (1)
Efficiencies 1 3 (3) 1 (1)
Modernization 2 2 (4) 2 (4)
Cost 1 4 (4) 1 (1)
Quality of Life 2 2 (4) 2 (4)
Score 13 (17) 7 (11)
Scoring - Individually score each criteria within the COA to produce a preferred COA.
Assign a weight factor and score of 1-5; 1 excellent, 2 good, 3 fair, 4 poor, 5 worse.
You may score each criteria with the same number across different COAs.
This is a scoring matrix not a ranking.
*(Weighted Total = weight factor X score)
LESS IS BEST
4. Detailed cost comparison: This form is to be filled out in an excel spreadsheet and inserted into the Course of Action Determination enclosure. The detailed cost comparison will look at what the installation is currently paying for services line-by-line and that will be crossed referenced against the recommended COA for comparison.
Detailed Cost Comparison - EXAMPLE
Supplies/Services COA 1: Contract COA 2: IGSA DELTA
Solid Waste
Management Services
0 0
Project Management $1,127,655.60 0
Manpower Tracking $1,049.93 0
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Packet Pg. 965 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 43 Wage Determination
Adjustment
$2,507.55 0
Cantonment Areas
Solid Wastes
$552,451.09 0
Contaminated Soil $88,971.43 $40,000.00
Recovery/Recycling
Program
$143,313.45 0
CSWCP Operation $940,398.59 0
Collect, Transport, Sort,
Dispose of Field Waste
$1,590,244.36 $57,482.88
Verification of
Inspection &
Segregation
$7,664.09 $10,000.00
Conveyor System
Repair
$17,142.86 $10,000.00
Municipal Solid Waste 0 $1,888,676.07
Diversion Waste 0 $25,144.61
Totals $4,471,398.95 $2,031,303.56 $2,440,095.30
5. Recommendation: Results and recommendations summarize the findings of the analysis and make conclusive statements about the comparisons of alternatives. Describe the value proposition: a concise statement that describes the results or value a decision maker can expect from adopting a specific recommendation arising from the COA determination and cost comparison process.
6. Addendums if needed or required.
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Packet Pg. 966 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 44 AbilityOne Example Letters Of Intent
Hudspeth County Government
Deputy Judge/Executive Michael Landon
P.O. Box 568, Queenstown, CT 90210
DATE
Mr. Jim Belushi
Deputy Garrison Commander
Fort Swampy Garrison Command
111 East Chaufer Avenue
Fort Swampy, CT 90210
Dear Mr. Belushi:
The intent of this letter is to correct recent media reports regarding the potential Fort Swampy Installation Janitorial Intergovernmental Services Agreement (IGSA) and partnership with “SUBCONTRACTOR NAME” that insinuated AB1 team members will be terminated en masse.
At the outset of our partnership exploration, Hudspeth County Government has been dedicated to ensuring the protection of the current AB1 employees to the greatest extent possible. The current AB1 employees are our constituents and they live and work within our great county; therefore, their welfare is of maximum concern to the leadership of Hudspeth County Government.
As such, once “SUBCONTRACTOR NAME” was selected as the best evaluated bid, the first topic of discussion was AB1 team members. Hudspeth County representatives strongly conveyed to Guardian leadership its desire to see as many of the AB1 employees retained as possible. While we realize it's impossible for 100% of the employees to be retained, I'm proud to say - as you will see in “SUBCONTRACTOR NAME” attached letter - they share a sincere and strong commitment to retain as many as absolutely possible, subject to their mission restraints and constraints.
I trust this will clear up the misunderstandings recently aired in local media. Thank you again for extending another partnership opportunity to Hudspeth County's taxpayers. We are committed to providing the best possible service while also ensuring the maximum preservation of employment possible for AB1 team members.
Michael E. Landon
Hudspeth County Deputy Judge/Executive
Office: (210) 555-5550 • Fax: (210) 555-5590 • E-mail: [email protected]
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Packet Pg. 967 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 45 SUBCONTRACTOR LETTERHEAD
DATE
Mr. Jim Belushi
Deputy Garrison Commander
Fort Swampy Garrison Command
111 East Chaufer Avenue
Fort Swampy, CT 90210
Dear Mr. Belushi:
The “SUBCONTRACTOR NAME” team is very excited about the potential opportunity to serve Fort Swampy and our local community.
We are a minority owned business committed to employment for veterans, disabled veterans and disabled individuals as a whole. In fact, our executive team is majority veterans and we currently employ a few of the AB1 employees as part-time employees. Being from the community and dependents of veterans who retired in this area, we (the owners) are very aware of the importance of ensuring our company has solid representation reflective of the makeup of Hudspeth County.
The potential partnership with at Hudspeth County and Fort Swampy is exciting and we want to commit to doing the best possible job and being the best partner possible to EVERYONE involved.
This considered, we will work very hard within our budget to retain as many of the current AB1 team members as possible. In fact, as you know, this makes the most business sense in order to maintain as much continuity as possible just as the vast majority of other contractors do when taking over for another contractor.
In addition, we are involved with other businesses and contracts within the area. This considered, we believe it is likely we can extend offers of employment with these other businesses arid contracts to some of the individuals we are unable to employ at “SUBCONTRACTOR NAME.” As members of this community, we want to ensure our fellow community members are taken care of with our best efforts.
We think it is also prudent to point out that “SUBCONTRACTOR NAME” has a higher pay scale for individuals than the typical industry pay - to include AB1 employees - and we offer health insurance and 401k retirement options. We are committed to continuing a culture of excellence and service, while simultaneously taking care of our fellow community and team members.
Again, we appreciate the opportunity to serve and are happy to answer any questions you or your leadership may have.
Mark Antony (co-owner) Peter Doocy (co-owner)
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Packet Pg. 968 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 46 ANNEX I – IGSA TRANSACTION DOCUMENT TEMPLATE
INTERGOVERNMENTAL SUPPORT AGREEMENT (IGSA)
BETWEEN THE
UNITED STATES AND
[Specify Municipality / Public Partner]
INSERT IGSA NUMBER (UIC > IGSA > Fund Center > FY > Series Number) This is an Intergovernmental Support Agreement (hereafter referred to as the IGSA or Agreement) between the United States and [specify municipality, hereafter PUBLIC PARTNER is used for brevity throughout this model] is entered into pursuant to federal law codified at 10 USC 2679. The statute authorizes the Secretary of the Army to enter into an IGSA on a sole source basis with a state or local government to receive installation support and services. The Secretary of the Army has delegated authority to [Garrison Commander] (hereafter GC) to execute agreements on behalf of the United States.
The purpose of this IGSA is to outline the roles and responsibilities of the parties, identify the services to be furnished by the [PUBLIC PARTNER], the prices to be paid by the United States, and the appropriate reimbursement and quality control procedures. The parties undertake this Agreement in order to provide services, supplies or construction to the United States, to achieve cost savings for the Department of the Army, and to provide additional revenues to local governments and their work forces.
RESPONSIBILITIES OF THE PARTIES:
The PUBLIC PARTNER shall perform the installation support services as stated in this IGSA. The term “installation support services” only includes services, supplies, resources, and support typically provided by a local government for its own needs and without regard to whether such services, supplies resources, and support are provided to its residents generally, except that the term does not include security guard or firefighting services.
This is a non-personal services agreement. Each party is responsible for all costs of its personnel including pay, benefits, support and travel. Each party is responsible for supervision or management of its personnel.
The tasks, duties and responsibilities set forth in this IGSA may not be interpreted or implemented in any manner that results in PUBLIC PARTNER personnel creating or modifying federal policy, obligating appropriated funds of the United States, or overseeing the work of federal employees. Under no circumstances, shall PUBLIC
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Packet Pg. 969 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 47 PARTNER employees or contractors be deemed federal employees. If the PUBLIC PARTNER shall provide services through a contract, the contract must be awarded through competitive procedures. (This requirement does not apply to collective bargaining agreements between the PUBLIC PARTNER and its employees.) Employees of the United States may not perform services for or on behalf of the PUBLIC PARTNER without the approval of the IGSA-M.
SUMMARY OF SERVICES AND PRICE:
[To be modeled by the IGSA-M based on CLINs, to include options, asneeded. For example:
In consideration for the services to be provided by the PUBLIC PARTNER, the United States agrees to pay the PUBLIC PARTNER in accordance with the following schedule:
[1st year: Services specify quantity specify unit specify total services 2nd year: SAB…]
[If funds are not available for the initial period of performance, add: Funds are not currently available for performance of this Agreement. No legal liability on the part of the United States shall arise until the IGSA-M notifies the PUBLIC PARTNER that funds are available and authorizes the PUBLIC PARTNER to begin performance of services.]
INCREMENTAL FUNDING (IF APPLICABLE): [If the installation does not have sufficient funds to pay for all services for a year’s performance, then the IGSA should state that:
The United States only has $ available for obligation and payment under this Agreement, and shall only be liable for payment of services up to this amount and subsequent amounts allotted to the Agreement by the IGSA-M. The UnitedStates anticipates that it will receive additional funds incrementally to the full estimatedcost of the services for each performance period. The PUBLIC PARTNER agrees to perform services up to, but not under any circumstances to exceed, the total amount offunds available under this Agreement or each subsequent allotment. The PUBLIC PARTNER shall notify the IGSA-M one month before it shall exceed the amount of available funding.
Upon receipt of such notification, the IGSA-M shall notify the PUBLIC PARTNER that additional funds have been allotted to the contract and specify theamount; or if funds are not available, notify the PUBLIC PARTNER to suspend performance of the Agreement until funds are available.
The above conditions shall be applicable for each allotment of funding provided under the Agreement.]
TERM OF AGREEMENT: The term of this agreement shall be [specify: length.] [If more than one year, the agreement must state the term, such as:
The term of this Agreement shall be for one year from the execution of the Agreement by the IGSA-M, and renewable for successive one year periods for 9 additional years.
The United States shall only be obligated for one year of performance under the agreement, as it has no authority to obligate additional periods of performance without appropriation of adequate funds by the Congress. The United States shall only be
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Packet Pg. 970 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 48 obligated for an additional year of performance upon receipt of suchfunds, and only upon written notice by the Agreement Officer of an intent to award the option for an additional year of performance. The IGSA-M shall provide notice of the renewal of the IGSA at least 10 days prior to the expiration of then current performance period. The IGSA-M may condition the renewal upon availability of funds, and may suspend performance of the renewed period at no additional cost to the United States, until adequate funds have been received. If funds are not received, the parties agree that the Agreement can be unilaterally terminated bythe IGSA-M without further liability to the United States.]
PAYMENT: The United States shall pay the PUBLIC PARTNER for services based upon satisfactory completion of services on a monthly basis. Payment shall be based for services provided as set forth in this Agreement. The PUBLIC PARTNER shall not include any State or Local taxes in the prices it charges the United States unless approved by the IGSA-M in advance. The Public Partner shall electronicallysubmit invoices or payment requests to the Government’s IGSA-TR and the IGSA-M. The IGSA-M will not authorize payment unless all billed services have been satisfactorily completed, and may reduce the amount(s) billed for unsatisfactory or partial performance, or for other reasons specifiedin this Agreement. [The payment method for IGSAs will be made via Miscellaneous Payment transactions processed through the General Fund Enterprise Business System (GFEBS). All IGSAs will be manually entered into GFEBS to commit and obligate funds. Payments will be processed within GFEBS by the garrison Resource Management office, who will submit payment documents to DFAS who will issue payment via electronic fund transfer (EFT) or check to the Service Provider.]
[CHANGE IN RATES, if applicable and requested by the PUBLIC PARTNER: (ONLY INSERT IF PUBLIC PARTNER REQUESTS OPPORTUNITY TO CHANGES RATES— YOU CAN USE WHATEVER NOTICE AND APPROVAL DATES YOU NEGOTIATE):
Rates may only be adjusted upon days written notice to the IGSA-TR and the IGSAM. If the IGSA-TR or his representative disagree, the parties shall discuss the proposedrates, changes in the services, or other modifications to Agreement.
Modifications to prices in the Agreement must be reduced to writing and approved and incorporated intothe Agreement by the IGSA-M.].
OPEN COMMUNICATIONS AND QUALITY CONTROL: The Parties shall identify and present any issues and concerns that could potentially impede successful performance of the IGSA in a timely and professional manner. The PUBLIC PARTNER shall maintain a quality control plan to ensure all work is completed within the specified timelines and quality standards specified in the Agreement. After its execution, an initial joint meeting of the Parties will be conducted to discuss the terms of the IGSA. The initial meeting shall also discuss orientation of the PUBLIC PARTNER and its employees to work areas on the installation as well a phase-in plan to permit the orderly transition of responsibilities for performance of the services by the PUBLIC PARTNER.
INSPECTION OF SERVICES: The PUBLIC PARTNER will only tender services and goods in conformance with the IGSA. The [installation proponent for the services with
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Packet Pg. 971 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 49 IGSA-M concurrence] shall appoint an IGSA-TR who will be responsible for inspecting all services performed. The PUBLIC PARTNER will be notified of the identityof the IGSA-TR and his alternate, and of any changes. If services are performed outside the installation, the IGSA-TR shall be granted access to areas where services are performed.
The IGSA-TR shall have the right to inspect and test all services; inspections and tests to beconducted in a manner that will not unduly delay the performance of work.
If the IGSA-TR determines that services do not conform to the requirements in Agreement, the IGSA-TR can require the PUBLIC PARTNER to perform the services again, in whole or in part, at no additional cost to the government. Alternately, the IGSA-TR can reduce the price to be paid for services to reflect the reduced value of the services to be performed. If the services cannot be corrected by re-performance, the IGSA-TR can reduce the billed priceto reflect the reduced value of the services to be performed. The IGSA-TR may alternately, inhis sole discretion, waive price reductions or re-performance of services. Such waiversshall not constitute a waiver of requirements in the IGSA unless approved in writing by the IGSA-M.
If the PUBLIC PARTNER is unable to perform any of the services due to an occurrence beyond the reasonable control of the parties, such as Acts of God, unusually severe weather, or government activities on the installation which impede the PUBLIC PARTNER’s performance, the Public Partner shall promptly notify the IGSA-TR.
In those rare instances in which the PUBLIC PARTNER fails to re-perform services or abandons performance, the United States may perform or contract for performance of the services and charge those costs to the PUBLIC PARTNER. Except in an emergency, the United States will not exercise this authority without providing prior notice to the POC designated by the PUBLIC PARTNER to allow for amicable resolution of issues between the parties. If services are deemed to be deficient and cannot be corrected to the satisfaction of the IGSA-TR, the IGSA-M may terminatethe IGSA immediately. Such termination shall not become effective without prior noticeand consultation with the PUBLIC PARTNER POC identified in this agreement.
TERMINATION: The IGSA may be terminated by mutual written agreement at any time. Except as otherwise specified in this agreement, either party can unilaterally terminate this IGSA upon days written notice to the POCs designated in this Agreement.
The United States reserves the right to terminate this agreement for its convenience at any time. When notified by the IGSA-M of the termination, the PUBLIC PARTNER shall immediately stop all work. The government will pay the PUBLIC PARTNER a percentage of the agreed price reflecting the percentage of work performed to the notice. The PUBLIC PARTNER shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
SUSPENSION OF AGREEMENT: The United States reserves the right to suspend performance of the agreement or access to the installation in event of emergencies, mobilizations, national security reasons, or for other reasons outside the control of the
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Packet Pg. 972 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 50 United States.
APPLICABLE LAW: The IGSA is subject to the law and regulations of the United States. If any federal statue expressly prescribes policies or requirements that differ from the terms and conditions of this IGSA, the provisions of the statute shall govern.
CLAIMS AND DISPUTES: The parties shall use their best efforts to resolve any disagreement or disputes they may have regarding this Agreement. To minimize disputes, the parties will meet periodically, preferably on a monthly basis, to discuss performance and any other issues they may have. The IGSA-TR shall represent the Government in such meetings.
If the parties are unable to resolve an issue, the IGSA-TR or the PUBLIC PARTNER may submit a claim arising out of the Agreement to the IGSA-M for a final decision.
The written submission must specify the nature and basis for the relief requested and include all data that supports the claim, and may designate a PUBLIC PARTNER representative to discuss the claim and its resolution. The IGSA-M shall issue a final decision within 90 days of receipt of each claim.
[Appeals authority: Needs to be resolved: I propose though that if the PUBLIC PARTNER is dissatisfied with the IGSA-M’s decision, it may appeal the matter to the installation commander and must specify the basis of its disagreement. The installation commander or his designee shall issue a final determination on the matter within 60 days of receipt of the appeal. The final determination shall be reduced to writing and provided to the POCs specified in this agreement. All final determinations that result in the payment of additional funds to the PUBLIC PARTNER must be coordinated with the IGSA-M.]
[If the PUBLIC PARTNER wants to use an ADR process for appeals, consider the following: As part of its appeal, the PUBLIC PARTNER may request alternate disputes resolution (ADR) to resolve disputes; the Government may agree to use of ADR in its sole discretion. If ADR procedures are employed, the installation commander shall consider the findings and recommendations of the third party mediator(s) in making his final determination.]
Final paragraph in the claims and disputes section shall always read: The parties agree to the above procedures in lieu of litigation in any forum.
NOTICES, POINTS OF CONTACT (POCs), ANNUAL REVIEWS, AND AMENDMENTS TO THE IGSA: The POCs for issues pertaining to this IGSA are as follows:
For the United States, the IGSA-TR or his designated representative.
For the Public Partner:
Unless otherwise specified, all notices under this Agree shall be provided to the POCs specified above.
The POCs and a management official at least one level above the POCs as well as the IGSA IGSA-M shall meet annually to discuss the IGSA, and consider any amendments
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Packet Pg. 973 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 51 to the Agreement.
Any party can propose amendments at any time. All amendments must be reduced to writing and incorporated by amendment to Agreement by the IGSA-M in order to be effective.
DUTY TO PROTECT GOVERNMENT PROPERTY ON THE INSTALLATION: The PUBLIC PARTNER shall conduct a visit of the installation with the IGSA-TR prior to performance to satisfy itself of the general and local conditions existing on the installation to include sites where services will be performed. The PUBLIC PARTNER shall prepare an accident avoidance plan and plan to protect Government property on the installation. The Public Partner shall take measures to protect and not damage any property of the United States during performance of services. Should the PUBLIC PARTNER damage such property, the PUBLIC PARTNER may replace the item or restore it to its prior condition at its own cost or reimburse the United States for such costs. If the Public Partner does not take measures to replace or restore, the United States reserves the right to deduct replacement or restoration costs from amounts billed by the PUBLIC PARTNER each month. The IGSA-TR shall provide written notice of the Government’s intent to offset costs against billings to allow the parties to resolve the matter amicably. Such resolution can include a schedule for payments to cover the loss or restoration of Government property over the term of the current period of performance.
CONTINUITY OF SERVICES: The Public Partner recognizes that the services under this Agreement are vital to the United States and must be continued without interruption, and performed even in event of a dispute between the parties. Should the United States terminate this Agreement for any reason, the Public Partner agrees to furnish phase-in training to any successor contractor and exercise its best efforts and cooperation to effect an orderly and efficient transition of services.
HOLD HARMLESS: Except as otherwise provided in this Agreement, the PUBLIC PARTNER shall indemnify and hold the United States harmless against any and all judgments, expenses, liabilities, claims and charges of whatever kind or nature that may arise as a result of the activities of the PUBLIC PARTNER or its employees in performance of this Agreement.
WAGES AND LABOR LAW PROVISIONS: These provisions apply to the PUBLIC PARTNER and any contractor performing services under this IGSA on behalf of the PUBLIC PARTNER. The PUBLIC PARTNER shall be exempt from federal labor statutes, provided it pays its employees at wage grades or rates normally paid by the PUBLIC PARTNER, and complies with all applicable PUBLIC PARTNER labor laws and standards. In no event, however, shall any employee be paid at wage rate below the minimum wage established in the Fair Labor Standards Act. The PUBLIC PARTNER shall comply with all applicable federal, state and local occupational safety and health requirements and standards. If the PUBLIC PARTNER has knowledge that any actual or potential labor dispute by its employees may delay or threaten to delay performance of the contract, the PUBLIC PARTNER shall immediately notify the IGSA-TR and the
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Packet Pg. 974 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 52 IGSA-M. The PUBLIC PARTNER shall provide timely updates until the dispute is resolved.
NON-DISCRIMINATION AND SEXUAL ASSAULT/HARASSMENT: This provision applies to PUBLIC PARTNER and its contractors. The PUBLIC PARTNER agrees not to discriminate against any employee based upon race, color, religion, sex, national origin, or sexual orientation, or to allow any employee to engage in discriminatory practices or conduct while performing work under this IGSA. The PUBLIC PARTNER shall not permit employees which engage in sexual assault, sexual harassment or trafficking to perform services under this IGSA. The PUBLIC PARTNER shall not engage in age discrimination, and shall comply with the Americans with Disabilities Act with respect to the hiring and accommodation of employees performing services under this IGSA.
TRANSFERABILITY: This Agreement is not transferable except with the written authorization of the IGSA-M.
ACTIONS OF DESIGNEES: Any act described in the IGSA to be performed by an individual or official can be performed of the designee of such individual or official, with the exception of the IGSA-M.
Signatures and dates of signatures of the parties: [The IGSA-M shall sign last.] FOR THE UNITED STATES: FOR THE [MUNICIPALITY]:
IGSA-M [specify title]
Date Date
List all Attachments/Annexes:
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Packet Pg. 975 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 53 SUGGESTED ATTACHMENTS/ANNEXES TO THE IGSA
(All approved IGSA Transaction Documents are on the IMCOM IGSA SharePoint site):
1) Statement of Work, to include specified tasks, performance required standards, as well as quality control requirements.
Statement of work (similar to contracts, but stating the basic services to be performed, frequency, responsibilities of each of the parties, etc.) [Note to drafters of IGSAs: This IGSA is based on the PUBLIC PARTNER providing services. If the IGSA will involve supplies or construction services, the installation must work with the IGSA-M and legal counsel to determine whether additional provisions are appropriate.
For construction, repair, and maintenance type services, see FAR Part 36 (inspections, liquidated damages, material and workmanship, protection of vegetation and buildings, storage areas, accident prevention, utilities). For example, if the Agreement will require the PUBLIC PARTNER to repair or paint a government facility, the installation could consider including a liquidated damages provision which is typical of some of our construction and similar service type contracts. However, the Davis Bacon Act would not be applicable.
If the PUBLIC PARTNER will furnish supplies, the applicable Buy America Act provisions need to be addressed in the IGSA. See FAR Part 25 and DFARS 225. The Walsh Healey Act would not be applicable. The PUBLIC PARTNER should provide title to all goods provided, and a warrantee of merchantability and fitness for use.
Special issues:
(1) If convict labor is proposed, consult with counsel to see if the conditions in FAR
22.201 which are based on Executive Orders can be satisfied. It is unlikely that convict labor can be used unless they are paid at wage grades or rates normally paid by the PUBLIC PARTNER, see 10 USC 2679(a)(2)(B).
(2) If the PUBLIC PARTNER proposes to provide prison related facilities and services for housing of military prisoners, consult with the installation provost marshal and staff judge advocate for appropriate additional provisions.
(3) If the PUBLIC PARTNER will provide administrative support to the installation, consider adding FOIA, Privacy Act, and HIPPA provisions, as applicable, as well prohibitions on the disclosure or use of non-public information. (4) If the PUBLIC PARTNER will provide IT services, consult with counsel and consider adding appropriate provisions in DFARS Part 227.]
2) Describe all Government or PUBLIC PARTNER furnished property, equipment, and services:
Consider the following provisions:
GOVERNMENT FURNISHED PROPETY:
[If the PUBLIC PARTNER will use government equipment or facilities in performance of the IGSA, the IGSA should include an inventory of such items, and require an
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Packet Pg. 976 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 54 accounting of all items at the beginning and end of the IGSA. [If space or facilities will be provided to the PUBLIC PARTNER, advise whether utilities or other services will be provided at no cost or must be reimbursed. If space is provided, the Agreement should require the PUBLIC PARTNER to keep the area clean and free from accumulations of materials and waste, and address who will be responsible for repairs and custodial services.
The IGSA should additionally provide: The PUBLIC PARTNER shall replace or repair any destroyed or damaged equipment or property caused by its employees whether intentionally or through negligence. Should government furnished equipment require repairs or become inoperable, the PUBLIC PARTNER shall notify the IGSA-TR.
Governmentfurnished property shall not be removed from the installation or used to perform other than services specified in this agreement, unless specifically approved in writing by the IGSA-TR.
[For contractor furnished property, if the installation lists the equipment and facilities which will be provided to the PUBLIC PARTNER, the IGSA can add the following provision: The PUBLIC PARTNER will be responsible for furnishing all other facilities and equipment necessary to perform the IGSA.
2) Acronyms and Definitions (list as applicable):
3) Installation Security and Access Requirements:
INSTALLATION SECURITY AND ACCESS REQUIREMENTS: [if work will be performed on an Army installation or other property under the Army’s control, consult with the installation G-2 to add specific security requirements that must be met for contractors toaccess Army property as well as background requirements for PUBLIC PARTNER employees. The following work sheet shall be completed by the proponent for the services, submitted to the installation G-2 for review and approval, and submitted to theIGSA-M. The installation G-2 shall submit any additional installation security procedures and requirements to the IGSA-M, to include any limitations on access to the installation, specific gates to be used, licensing and inspection of vehicle requirements, etc. In the unlikely event that the Agreement will require PUBLIC PARTNER or its employees to access classified information, the installation shall specify procedures for access, storage, and similar procedures for all classified information. The IGSA-M shall additionally tailor FAR 52.204-2 forinclusion in the Agreement.]
Recommend including in this attachment: The provisions in this section are applicable to PUBLIC PARTNER or contractor employees performing services under this Agreement.
The PUBLIC PARTNER shall not permit employees who are not citizens or lawful immigrants to perform services under this IGSA. Employees who have been convicted of felonies, sex crimes, drug offenses or violent crimes, shall not perform services underthis IGSA without the specific
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Packet Pg. 977 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 55 approval of the IGSA-TR. The PUBLIC PARTNER shall not permit any employee to perform work on this IGSA if such person is identified by the IGSA-TR as a potential threat the health, safety, security, general well-being, or operational mission of the United States. The IGSA-TR may deny the continued entry of any employee upon receipt of information that indicates that the individual’s continued entry to the installation is not in the best interests of national security.
All PUBLIC PARTNER vehicles will be identifiable and include the PUBLIC PARTNER’s name.
CONTRACT REQUIREMENTS PACKAGE ANTITERRORISM/OPERATIONS
SECURITY REVIEW COVER SHEET
Requirements Package Title
Date
Section I.
Purpose of cover sheet: To document the review of the requirements package, statement of work (SOW), quality assurance surveillance plan and any applicable source selection evaluation criteria for antiterrorism (AT) and other related protection matters to include, but not limited to: AT, operations security (OPSEC), information assurance (IA)/cyber security, physical security, law enforcement, intelligence, foreign disclosure.
Army policy requirement: A signed AT/OPSEC cover sheet is required to be included in all requirements packages except for supply contracts under the simplified acquisition level threshold, field ordering officer actions and Government purchase card purchases. Command policy may require this form for supply contracts under the simplified acquisition level threshold.
Mandatory review and signatures: The requiring activity antiterrorism officer (ATO) must review each requirements package prior to submission to the supporting contracting activity to include coordination with other staff elements for review as appropriate per section II below. If the requiring activity does not have an ATO, the first ATO in the chain of command will review the contract for considerations. An OPSEC officer and Information Officer review is also mandatory.
Section II. Standard Contract Language Provision/Contract Clause Text Applicability and/or Additional SOW Language. If standard contract or clause language found on page 2 (Section IV) of this form is sufficient to meet specific contract request requirements, check "yes" in block below and include this language in the SOW. If standard contract text (provisions or clauses) or clause language does
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Packet Pg. 978 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 56 not apply, check "no." If the standard SOW language applies, but is not in of itself sufficient, check "yes" and "SOW" and include both the standard language and additional contract specific language in the SOW. If standard contract text or clause language is not desired, but there is related contract specific language in the SOW, check "no" and "SOW." If yes is marked for items 1, 3, 4, 7, 8, 12 or 13, training is required. Mandatory training must be measured as a deliverable and evaluated in the QASP.
1. AT level 1 training (general) YES NO SOW
2. Access and general protection policy and
procedures
YES NO SOW
2a. For contractor requiring Common Access
Card (CAC)
YES NO SOW
2b. For contractor not eligible for CAC, but
requires access to DoD facility or installation.
YES NO SOW
3. AT awareness training for US based
contractor personnel traveling overseas.
YES NO SOW
4. iWATCH training YES NO SOW
5. Army Training Certification Tracking System
(ATCTS) registration for contractor employees
who require access to government information
systems.
YES NO SOW
6. For contracts that require a formal OPSEC
program.
YES NO SOW
7. Requirement for OPSEC training YES NO SOW
8. Information assurance/information technology
training
YES NO SOW
9. Information assurance/information technology
certification
YES NO SOW
10. Contractor Authorized to Accompany the
Force clause
YES NO SOW
11. Contract requiring performance or delivery in
a foreign country
YES NO SOW
12. Handling/Access to Classified Information YES NO SOW
13. Threat Awareness Reporting Program YES NO SOW
14. Delivery of Food and Water YES NO SOW
Section III. Remarks:
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Packet Pg. 979 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 57 Antiterrorism Review Signature: I am an ATO (Level II Certified) and have reviewed the requirements package and understand my responsibilities in accordance with Army Regulation 525-13, Antiterrorism.
Reviewer
Typed or printed name,
rank/civ grade
Signature
Date
Phone Number
Operations Security Review Signature: I am OPSEC level II certified and have reviewed the requirements package, and it is in compliance with Army Regulation 530-1, Operations Security.
Reviewer
Typed or printed name,
rank/civ grade
Signature
Date
Phone Number
Information Assurance Review Signature: I am IAM and IAT level III certified and have reviewed the requirements package and it is in compliance with DOD 8570.01-M and DOD 8580-1 para 4.
Reviewer
Typed or printed name,
rank/civ grade
Signature
Date
Phone Number
Section IV. Standard Contract Language/Contract Clause Applicability and/or Additional SOW Language.
1. AT Level I training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 05 calendar days after completion
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Packet Pg. 980 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 58 of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil
2. Access and general protection/security policy and procedures. This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area. Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.
2a. For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05. The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.
2b. For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.
3. AT Awareness Training for Contractor Personnel Traveling Overseas. This standard language required US based contractor employees and associated subcontractor employees to make available and to receive government provided area of responsibility (AOR) specific AT awareness training as directed by AR 525-13.
Specific AOR training content is directed by the combatant commander with the unit ATO being the local point of contact.
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Packet Pg. 981 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 59 4. iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area.
The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO).
This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR.
This training shall be completed within 30 calendar days of contract award and within 05 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.
5. Army Training Certification Tracking System (ATCTS) registration for contractor employees who require access to government information systems.
All contractor employees with access to a government information systems must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the IS and then annually thereafter.
6. For contracts that require a formal OPSEC program. The contractor shall develop an OPSEC Standing Operating Procedure (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer. This plan will include a process to identify critical information, where it is located, who is responsible for it, how to protect it and why it needs to be protected. The contractor shall implement OPSEC measures as ordered by the commander. In addition, the contractor shall have an identified certified Level II OPSEC coordinator per AR 530-1.
7. For contracts that require OPSEC Training. Per AR 530-1 Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter. AT level I awareness training is available at the following website: http://cdsetrain.dtic.mil/opsec/index.htm
8. For Cyber Awareness (Information assurance (IA)/information technology (IT)) training. All contractor employees and associated sub-contractor employees must complete the DoD Cyber awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of appointment to IA/IT functions. AT level I awareness training is available at the following website:
https://ia.signal.army.mil/DoDIAA/
9. For Cyber (Information assurance (IA)/information technology (IT)) certification. Per DoD 8570.01-M , DFARS 252.239.7001 and AR 25-2, the contractor employees supporting Cyber (IA/IT) functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award.
10. For contractors authorized to accompany the force. DFARS Clause 252.225- 7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States. The clause shall be used in solicitations and contracts that authorize contractor personnel to accompany US Armed Forces deployed outside the US in contingency operations; humanitarian or peacekeeping operations; or other
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Packet Pg. 982 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 60 military operations or exercises, when designated by the combatant commander. The clause discusses the following AT/OPSEC related topics: required compliance with laws and regulations, pre-deployment requirements, required training (per combatant command guidance), and personnel data required.
11. For Contract Requiring Performance or Delivery in a Foreign Country, DFARS Clause 252.225-7043, Antiterrorism/Force Protection for Defense Contractors Outside the US. The clause shall be used in solicitations and contracts that require performance or delivery in a foreign country. This clause applies to both contingency and non-contingency support. The key AT requirement is for non-local national contractor personnel to comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractor’s compliance with combatant commander and subordinate task force commander policies and directives.
12. For contracts that require handling or access to classified information.
Contractor shall comply with FAR 52.204-2, Security Requirements. This clause involves access to information classified “Confidential,” “Secret,” or “Top Secret” and requires contractors to comply with— (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22- M); (2) any revisions to DOD 5220.22-M, notice of which has been furnished to the contractor.
13. Threat Awareness Reporting Program. For all contractors with security clearances. Per AR 381-12 Threat Awareness and Reporting Program (TARP), contractor employees must receive annual TARP training by a CI agent or other trainer as specified in 2-4b of AR 381-12.
14. For contracts that require delivery of food and water. This standard language is for contractor employees with an area of performance delivering food and water within an Army-controlled installation, facility or area. The supplies delivered under this contract shall be transported in delivery conveyances maintained to prevent tampering with and / or adulteration or contamination of the supplies, and if applicable, equipped to maintain a prescribed temperature. All delivery vehicles will also be subject to inspection at all times and all places by the Contracting Officers Representative, Post Veterinarian, and / or Law enforcement Officials. When the sanitary conditions of the delivery conveyance have led, or may lead to product contamination, adulteration, constitute a health hazard, the delivery conveyance is not equipped to maintain prescribed temperatures or the transport results in product "unfit for intended purpose", supplies tendered for acceptance may be rejected without further inspection. As the holder of a contact with the Department of Defense, it is incumbent upon the awardee to insure that all products and/or packaging have not been tampered or contaminated. Delivery conveyances will be locked or sealed at all times, except when actively loading or unloading. Unsecured vehicles will not be left unattended. All incoming truck drivers will provide adequate identification upon request. In the event of an identified threat to an installation, or a heightened force protection/Homeland Security threat Level, the contractor may be required to
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Packet Pg. 983 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 61 adjust delivery routes to minimize vulnerability risks and enable direct delivery to DOD facilities.
4) Other General Provisions to be considered:
FEDERAL HOLIDAYS: [If applicable, specify when the contractor can perform services on the installation, and advise whether the contractor is obligated to perform during federal holidays. If not, specify whether the services be made up, for example, performed on the next duty day, or skipped. The federal holidays should be listed.] INSURANCE [If services are provided on post]: The PUBLIC PARTNER shall at its own expense provide and maintain during the entire period of this IGSA the following insurance:
a. General liability insurance with a minimum combined single limit of $1,000,000 per occurrence and $2,000,000 in the aggregate for all premises and operations. The policy shall include coverage for bodily injury, death and property damage arising out of actions or omissions by the PUBLIC PARTNER or its employees or contractors. b. Comprehensive vehicular liability insurance in the combined single limit of $1,000,000 per occurrence for bodily injury and property damage.
c. Copies shall be furnished to the IGSA-TR and IGSA-M before providing services under this agreement.
[NOTE BENE: The PUBLIC PARTNER may propose to self-insure for such damage.
Its acceptability should be assessed by the installation. If acceptable, an appropriate provision should be included in the IGSA addressing self-insurance and stating that the self-insurance is authorized in lieu of the above insurance requirements.
LIABILITY FOR DAMAGE TO THIRD PARTIES: The PUBLIC PARTNER shall be liable to the government for loss or damage to third parties in performance of the services, wherever performed, and for injury or death of persons resulting from the negligence or fault of the PUBLIC PARTNER , its employees, its contractors, or agents in performance of the contract. The PUBLIC PARTNER shall hold the United States harmless from claims or litigation from third parties, and shall indemnify the Government for all judgments against it as well as costs incurred in connection with defense of such litigation. The United States shall not be responsible for injuries and deaths to the PUBLIC PARTNER’s employees or employees of its contractors, unless caused by a Government employee and compensable pursuant to federal legislation authorizing recovery against the United States.
DUTY TO COOPERATE IN ACCIDENTS AND DAMAGE: The PUBLIC PARTNER shall fully cooperate with the United States in investigations involving accidents or damage to property or persons on property under federal control. The PUBLIC PARTNER shall timely furnish to the IGSA-TR reports of investigations it completes regardingsuch incidents.
MEDICAL CARE IN EMERGENCIES:
[Specify whether military or other medical facilities on post will be made available for treatment of PUBLIC PARTNER employees in event of emergencies, and whether such
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Packet Pg. 984 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 62 services will be reimbursed by the PUBLIC PARTNER. Consult with the local military treatment facility commander.]
ENVIRONMENTAL REQUIREMENTS:
[The installation’s DPW and environmental law attorney should provide any environmental requirements applicable to the installation. If hazardous materials are involved, or the PUBLIC PARTNER must use hazardous materials in performance, consider tailoring clauses at FAR 52.223-3, etc.]
DRUG FREE WORKPLACE ON MILITARY INSTALLATIONS AND FACILITIES: All property under the control of the Department of the Army are drug free areas.
Notwithstanding any contrary State or Local law, the Public Partner shall notify all individuals performing services on the installation that no controlled substances as specified in the Controlled Substances Act and 21 Code of Federal Regulations shall be sold, distributed, used or consumed on the installation. The IGSA-TR may direct the PUBLIC PARTNER to bar individuals who violate these laws and policies. Such individuals additionally may be barred from access to the installation by the installation commander.
PUBLIC PARTNER EMPLOYEE REQUIREMENTS: All PUBLIC PARTNER and contractor employees shall comply with all installation security, health and safety conditions. Employees who interface with government personnel shall be able to speak and understand English. All employees shall wear identification badges or distinctive clothing which clearly identifies that they are PUBLIC PARTNER employees.
At the conclusion of the IGSA or whenever an employee no longer performs IGSA services, the PUBLIC PARTNER will provide the IGSA-TR all identification or other credentials furnished by the government.
[Add: Installation regulations or practices that are applicable to all individuals on post that might not be specified elsewhere in the IGSA].
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Packet Pg. 985 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 63 ANNEX J – IGSA MANAGER/TECHNICAL REPRESENTATIVE
APPOINTMENT MEMORANDUM TEMPLATE
OFFICE SYMBOL DATE
MEMORANDUM FOR the X Garrison Intergovernmental Support Agreements (IGSA) Manager/Technical Representative, IGSA-M/TR Name
SUBJECT: Delegation of Authority for IGSA Manager/Technical Representative Role and Responsibility
You are hereby appointed the Garrison IGSA Manager/Technical Representative.
You and your immediate supervisor are required to sign the last page of this memorandum within seven calendar days to acknowledge your appointment as the IGSA-M/TR to demonstrate that you are in receipt of this memorandum.
You should familiarize yourself with the IGSA oversight process and communicate with the Garrison IGSA Technical Representatives, IGSA Support Agreement Specialist and IGSA community partners as necessary to ensure satisfactory performance of the IGSA requirements. You are the only Army employee who has the role and responsibility to initiate, coordinate, and integrate outreach efforts to establish community partnership for IGSAs at Garrison, STATE (Garrison Acronym)
In your capacity as IGSA-M, you have the authority to:
1. Conduct the initial outreach efforts with community leaders for consideration of IGSAs.
2. Ensure the follow-up, coordination, and organization of preliminary planning meetingswith Community Senior Leaders, the Garrison Commander, Installation stakeholders and IMCOM HQ SME Leaders.
Your responsibilities as the IGSA-M/TR also include, but are notlimited to:
1. Maintain a professional relationship with the IGSA partner in the interest of Army integrity and sound management.
2. Ensure due outs are executed from all stakeholder meetings.
3. At a minimum, the IGSA-M/TR’s files should contain copies of the following:
a. This IGSA-M appointment memorandum and acknowledgement. b. IGSA transaction instrument and any modifications.
c. Records of conversations with the IGSA partner, including meeting notes.
All records must be retained for 6 years, 3 months.
Your designation as IGSA-M/TR shall remain in effect through the IGSA Mission timeline unless sooner revoked by the Garrison Commander (or equivalent),
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Packet Pg. 986 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 64 and any such revocation of the designation shall be in writing. If your designation is revoked for any reason, turn your records over to the successor IGSA-M/TR.
The undersigned acknowledges the IGSA-M/TR appointment and accepts the duties, responsibilities and limitations described in this appointment memorandum.
The IGSA Integration Manager’s immediate supervisor confirms that sufficient time will be given for the IGSA Integration Manager to perform the IGSA Integration role.
Insert IGSA-M/TR Full Name Date
Insert IGSA-M/TR Supervisor Full Name Date
Garrison Commander (for IGSA-M)/
IGSA-M name for IGSA-TRs
Colonel, BRANCH /Office of IGSA-M
Commanding/IGSA-M for TRs
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Packet Pg. 987 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 65 ANNEX K – FINANCIAL PROCESS AND FUNDING GUIDANCE
Guidance for Execution of Army IGSAs where Army Receives Installation Support Services from a State or Local Government
GENERAL INFORMATION:
The payment method for IGSAs with municipalities will be made via a Miscellaneous Receipts payment transaction through the General Fund Enterprise Business System (GFEBS). Thirty days is the average processing time after all information is loaded into GFEBS. After the IGSA transaction document is signed by both the municipality representative and the garrison commander, the unique IGSA number be manually entered into GFEBS to commit funds. Electronic Fund Transfer (EFT) information will be provided by the municipality for the payment.
In the current fiscally constrained environment, it is essential that IMCOM leverage Intergovernmental Support Agreement (IGSA) authorities and opportunities to seek cost-cutting efficiencies, improve service delivery, and improve relationships with state and local governments. The benefits of Public-to-Public partnerships include: Army use of communities' excess capability; community use of the Army's excess capability, increased economies of scale, cost savings and avoidance, and enhanced relationships with our public sector partners. IGSAs have the potential to realize 30% cost reduction in service delivery over traditional acquisition methods. IGSAs are not subject to the rules of the Federal Acquisition Regulation (FAR), are not subject to the Davis-Bacon wage Act, the Contract Services Act, JWOD, or any other provision of law governing the award of Federal government contracts for goods and services. IGSAs can displace 8A, Ability-1, and other special acquisition programs.
Within ten days of the IGSA being signed by both the municipality representative and the Garrison Commander, the Garrison Resource Management Office must record the obligation within the accounting system using the prescribed standard structure as outlined below. The payment method for IGSAs with municipalities will be made via a miscellaneous payment transaction through the General Fund Enterprise Business System (GFEBS). Standard processing time for the payment is thirty days after all required documentation is processed and uploaded in GFEBS. The municipalities will provide their assigned Commercial and Government Entity (CAGE) Code and Electronic Fund Transfer (EFT) information to facilitate payments.
Financial managers will build utilize the project structure provided by G4, and set up Funded Programs and obligate as outlined in the Technical Cost Handbook and IGSA Handbook. Each IGSA will be given a unique number so that it can be tracked.
The numbering convention for IGSAs is as follows:
UIC > IGSA > Fund Center > FY > Series Number
Example: W6CGAA – IGSA – A6011 - 20 – 0001
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Packet Pg. 988 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 66 In addition, IMCOM G8 will develop and publish a standard project structure for IGSAs within GFEBS as follows:
IMCOM IGSA Program
A60XX IMCOM Directorate
A60XX USAG Garrison
IGSA 123
IGSA 456
PROCESS:
1. Funding - No change to existing practices. Budget year funding and execution processes remain unchanged.
2. Create Work Breakdown Structure (WBS) – Create child WBS under the Standard Command Structure. The Funded Program on the WBS must be created as shown below:
IGSA >A60XX>____ (the last 4 numbers of the IGSA)
Example: IGSAA60115678
The above Funded Program naming convention will allow IMCOM to pull Commitment, Obligation, Expense, and Disbursement information from the Enterprise Resource Program environment, reducing need for data calls.
3. Funds Obligation – No change to existing practices.
a. Obligation Supporting Documentation will be the signed IGSA b. GFEBS steps to process the obligation are as follows:
(1) Use FMZ Doc type F9 (Miscellaneous)
(2) The Document Header text field will be populated with “State of ###” or “City of ###” or “County of ###” of the municipality (example: City of Fayetteville)
(3) The Line Item text field will be populated as follows: UIC-IGSAFund Center-FY-Sequence number of the IGSA (IGSA Number)
4. Receiving/Invoicing –The municipality will send the invoice to the IGSA Technical Representative (IGSA TR), as designated and prescribed in the IGSA. a. Invoice. The municipality (i.e. Service Provider) shall submit a valid invoice (with supporting cost/expense documentation)
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Packet Pg. 989 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 67 b. A valid invoice must include:
(1) Service Provider’s name and address
(2) Invoice date and number
(3) The IGSA number, project line item number, if applicable, and, if applicable, the order number if issued
(4) Description, quantity, unit of measure, unit price and extended price of the items delivered
(5) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading (if applicable
(6) Name, title, and phone number of person to notify in event of defective invoice
(7) Commercial and Government Entity (CAGE) Code (Note: the CAGE code is a standard method of identifying a legal entity at a specific location. CAGE codes are managed by Defense Logstics Agency through SAM.GOV)
(8) Terms of any discount for prompt payment offered (if applicable) (9) Name and address of official to whom payment is to be sent (10) Any discount rates (if applicable)
(11) Payment method instructions
c. The IGSA-TR will review invoice and acknowledge satisfactory receipt of all services and annotate date received on the invoice and forward the invoice to the IGSA-M.
d. The IGSA Manager (IGSA-M) will review invoice and authorize payment if all billed services have been satisfactorily completed.
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Packet Pg. 990 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 68 e. Invoice will be entered into GFEBS against the funded IGSA FMZ document by the Resource Management Office, who will certify invoice to Defense Finance and Accounting Service (DFAS) authorizing issuance of payment to the Service Provider
f. Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C 3903) and Office of Management and Budget (OMB) prompt payment regulations at 4 CFR part 1315.
5. Reconciliation. Garrisons will perform periodic reconciliation of the IGSA to ensure
execution is in alignment with supporting documentation. If either Party becomes aware of unrecorded financing or invoiced activities all parties will take immediate corrective action to remedy the transaction.
a. The Service Provider may issue a demand for payment to the Service Receiver upon discovery of a debt due under the IGSA.
b. Payment dispute will be processed IAW the signed IGSA. c. Commitment Item Detail: HQ IMCOM IGSA Program Office will provide a schedule of GFEBS commitment items for IGSA payments at a later date.
G8 POC: Manpower, Ana Reyes, [email protected], 210-466-0747 G4 IGSA POC: Jean Williams, [email protected], (870) 648-5220
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Packet Pg. 991 Attachment: IMCOM IGSA Handbook_V5 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) Quality Assurance Surveillance Plan
For
Directorate of Resource Management (RMO)
For
Administrative Services Support Contract
6 January 2020
_________________ Ms. Virginia I. Kemp
Contracting Officer COR
Mission & Installation Contracting Command ASD, RMO, USAG Fort Irwin, CA 92310 Fort Irwin, CA 92310
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Packet Pg. 992 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services Contract) 2 TABLE OF CONTENTS
Subject Page Number
1. Overview
2. Description of Services
3. Roles and Responsibilities
4. Contract Quality Requirements
5. Government Surveillance
6. Non-Conforming Performance
7. Deduct Plan
8. Data Analysis
9. Acceptance of Services
10. COR Status Report
11. Contractor Manpower Reporting Application (CMRA)
12. Contractor Performance Assessment Reporting System (CPARS)
13. Combating Trafficking In Persons 14. COR/Quality Assurance Surveillance Files
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Packet Pg. 993 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 3 15. QASP Changes
1. Overview.
1.1. Purpose. The purpose of this Quality Assurance Surveillance Plan (QASP) is to identify the methods and procedures the Government will use to ensure it receives the services under this contract as identified in the Performance Work Statement (PWS/Annex’s).
1.2. Intent. The intent of this QASP is to: 1) ensure Contractor performance meets or exceeds contract terms, conditions and specifications; 2) hold the Contractor accountable for quality control; and 3) encourage the Contractor to take appropriate steps to control and improve quality. Accordingly, the Government will perform surveillance on the contract in accordance with this QASP, but reserves the right to monitor the contract in any manner necessary, at any times necessary, and at all places necessary to ensure that the rendered services conform to contract requirements. The Government also reserves the right to perform quality assurance at the Subcontractor level and perform quality assurance at the contractor's place of business, if applicable.
Resolution of non-conforming services discovered at the Subcontractor level will be addressed with the prime Contractor.
2. Description of Services.
2.1. Scope of Work.
The Contractor shall: Operate a Central Mailroom located in Building 306, Monday through Friday, (excluding Federal holidays, Saturdays, and Sundays) from 0800 to 1630. Provide customer service to U.S. military personnel, their family members, units training on a rotational basis on Fort Irwin, DoD/DA Civilians, and contractor personnel. Operate a Customer Service Window, Monday through Friday, from 0800 to 1630 (excluding Federal holidays, Saturdays, and Sundays). The Contractor shall screen, sort, and deliver all properly addressed incoming mail to the correct customers. Sort, meter (affix postage), and dispatch all properly addressed outgoing official mail IAW applicable publications, policies and procedures. The Contractor shall provide mail directory services. Receive DA Form 3955 for Soldiers in-processing and out-processing the installation. Screen all mail to ensure a correctly formatted address has been utilized by customers. Correctly redirect, endorse, and distribute to the addressee, or return to the USPS. The Contractor shall provide postal support to U.S. military personnel and DoD civilians operating a unit mailroom. Provide training to unit postal appointees that includes (at a minimum) information emphasizing the proper performance of their duties, the importance of safeguarding mail, handling accountable mail, mail delivery, and consequences of negligence of duty. Administer a written test on all aspects of unit postal operations to prospective postal appointees IAW DoD postal regulations and AR 600-8-3. Test, score and provide test results to prospective postal appointee. The Contractor shall
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Packet Pg. 994 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 4 utilize DA Form 7698, Unit Mail Room (UMR), Consolidated Mail Room (CMR), and Postal Service Center (PSC) Inspection Checklist to conduct and document unannounced unit mailroom inspections.
The Contractor shall: Provide Army Records Information Management System (ARIMS) Services and training. Provide recordkeeping services that include hard copy document scanning into digital form in support of the transition to electronic recordkeeping. Provide ARIMS technical assistance, advice, training, and other recordkeeping services to customers. Maintain up-to-date knowledge and information concerning Government records management programs regardless of media. Conduct ARIMS/Records Management training in a classroom setting. Receive, review, and monitor Records Coordinator appointment memorandums. Provide office symbol construction guidance as it applies to each organization IAW AR 25-59 and other relevant records management directives to customers. Maintain the Office Symbol Directory (current list of validated installation office symbols). Receive and review office symbol validation documents and updates from installation organizations to determine validation. Enter accurate, current office symbol data into the U.S. Army Addresses and Office Symbols On-line website.
The Contractor shall: Provide procedural guidance to supported activities on installation form and publication matters.
Determine correct publication media, format, and audience by conducting appropriate research to ensure compliance with local and DA Publishing policies and rules. Coordinate a review of all installation-level forms and publications with publication proponent. IAW AR 25-30 and DA Pamphlet 25-40, review publications periodically, at least once every 18-months or when a reprint action is initiated If sooner, of all installation-level forms and publications. Create and design accurate installation–level forms using current, automated, Army approved, ADOBE forms designer tools and software, based on customer requirements.
Maintain an index and library of all published installation-level forms and publications. Maintain a consolidated list of installation publications accounts (active and inactive) containing assigned publications account number, account holder organization name/unit, physical address, UIC, primary publications officer name, mailbox number, account status, and status reason. Validate information of each account with the account holder at least once annually. Receive, review, and process updated DA Form 12.
The Contractor shall: File and maintain records IAW AR 25-400- 2 and DA Pamphlet 25-403 guidance. Comply with the Privacy Act of 1974 and DoD 5400-11-R, Protection of PII, guidance. Appoint a Central Mailroom Key and Lock Custodian in a memorandum format to conduct key and lock controls and 100% key inventory IAW AR 190-11 and AR 190-13.
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Packet Pg. 995 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 5 2.2. Type of Contract. To be determined.
3. Roles and Responsibilities.
3.1. Government.
3.1.1. Contracting Officer (KO). The KO is the only person with the authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.
3.1.2. Contracting Officer’s Representative (COR). The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions:
assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract:
issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of Government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.
3.2. Contractor.
3.2.2. Project Manager. Not applicable.
4. Contract Quality Requirements.
4.1. Contractor’s Quality Control Program. The Contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The Contractor shall ensure services are performed in accordance with this PWS/Annex’s. The Contractor shall identify, prevent, and ensure non-recurrence of defective services.
4.2. Government Quality Assurance. The Government shall evaluate the Contractor’s performance under this contract in accordance with this QASP. This plan is primarily focused on what the Government must do to ensure that the Contractor has
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Packet Pg. 996 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 6 performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance and minimum acceptable defect rate(s).
5. Government Surveillance.
5.1. Methods of Surveillance. The following Methods of Surveillance will be utilized in monitoring the Contractors’ performance:
5.1.1. 100% Inspection.
5.1. 2. Periodic Inspection.
5.1.3. Customer Feedback. Substantiated complaints submitted into the Interactive Customer Evaluation (ICE) will be used in addition to documented records of complaints. The following procedures will be followed when a complaint is received.
The COR will:
• Request the complainant submit the complaint in writing. • Investigate and determine the validity of the complaint. • If the complaint is determined to be invalid, the COR will inform the complainant of the reason(s) as soon as practical. • For validated complaints that are true contractual non-conformances, the procedures in paragraph 6 below will be followed.
5.2. Surveillance Schedule. A Surveillance Schedule will be created each month. The schedule is “FOR OFFICIAL USE ONLY” and is not releasable to anyone other than authorized Government personnel. A copy of the Surveillance Schedule will be filed in the PIEE SPM, COR Management Tool, at https://wawf.eb.mil / (Either as an Attachment to the Monthly COR Status Reports or uploaded separately in the Miscellaneous Documents Section of the CORs’ Online File.).
5.3. Surveillance Instructions/Checklists. Surveillance Checklists, Attachment 2, will be utilized and completed when surveillances are conducted.
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Packet Pg. 997 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 7 5.4. Surveillance Documentation. The applicable Surveillance Checklist(s) will be completed when/as Surveillances are conducted. Completed Surveillance Checklist(s) will be filed in the PIEE SPM, COR Management file at, https://wawf.eb.mil/, (Either as an Attachment to Monthly COR Status Reports or uploaded separately in the Miscellaneous Documents Section of the CORs’ Online File.).
6. Non-Conforming Performance. (NCR):
Performance Deficiency and Corrective Action: A verbal notification to the contractor can be used to notify the contractor when the Government identifies nonconformance or potential nonconformance. Verbal notification will allow for appropriate corrective action by the contractor.
If a contractor self-identifies a contract nonconformance and takes timely, appropriate action to correct it, and discloses it to the Government or the Government otherwise becomes aware of their action, a NCR should not be issued just because the contractor identified a nonconformance. If the Government concludes contractor corrective action of internally identified contract nonconformance is ineffective, then a NCR can be issued and will include weaknesses in the contractor’s corrective action process.
Nonconformance Report (NCR): NCRs shall only be used to address nonconformance of contract requirements and not nonconformance of internal contractor documents/processes unless those documents/processes are directly traced to contract requirements, or are processes/documents accepted or approved by the Government as part of a contract requirement. The principle condition for issuing a NCR is the Government’s independent identification of a nonconformance along with a decision not to issue a contract remedy which can only be issued by the KO.
If the nonconformance involves a hazard which could result in injury or death of a person or damage to equipment, any observer should step in to engage the contractor to immediately correct the situation before an accident or incident occurs or becomes more serious. The nonconformance report should follow the immediate on-the-spot engagement/corrective action by the COR.
The contractor shall not wait for an NCR to be issues to begin correcting a hazardous nonconformance.
6.1. Level 1 Nonconformance:
(1) For quality requirements, Level 1 corresponds to ‘minor nonconformance’ as defined in FAR 46.101. (Level =1, Type = Minor (L1-Minor)). (See definitions in FAR 46.101 and ACC AI Part 46.101 for definition of contract quality requirements). (2) For nonconformance of contract requirements/terms not related to quality requirements, level 1 non-conformances are those that are ‘minor’ in nature such that they can be promptly corrected by the contractor, present no need for root cause analysis or determination if other contract requirements are affected, present no need for further preventive action, and do not materially reduce the usability of the supplies, services, construction, or deliverables. While the contractor must correct the
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Packet Pg. 998 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 8 nonconformance, further actions and Government follow-up are not required, and no written response from the contractor is needed.
6.2. Level 2 Nonconformance:
(1) For quality requirements, Level 2 corresponds to ‘major nonconformance’ as defined in FAR 46.101. (Level =2, Type = Major (L2-Major)). (See definitions in FAR 46.101 and ACC AI Part 46.101 for definition of contract quality requirements). (2) For nonconformance of contract requirements/terms not related to quality requirements, level 2 nonconformance(s) are those that are ‘major’ in nature such that they are not promptly correctable, and/or warrant root cause analysis and preventive action, and/or need action by the contractor to determine if other contract requirements are affected. These nonconformance’s are serious enough to warrant not only correction of the nonconformance, but also a written response from the contractor (a CAP), and Government follow-up. For nonconformance of contract terms and conditions not related to quality requirements, the qualifying distinction between a Level 1 and Level 2 nonconformance is the need for a CAP and Government follow-up. (3) A NCR identifying a Level 2 nonconformance may also be issued after repetitive Level 1 instances of the same or similar nonconformance demonstrate the contractor is failing to institute effective corrective action and/or failing to implement effective quality and/or internal control(s). For nonconformance of contract requirements/terms not related to quality requirements or classified as a ‘significant deficiency’ in a business system, level 3 nonconformance(s) are those that are ‘critical’ in nature such that they represent a serious weakness in internal controls and/or have actual or potential significant impact(s) on contract performance and/or the supported unit/Government operations. For these nonconformance(s), the qualifying distinction between a Level 2 and Level 3 nonconformance is the seriousness of the issue prompting the need for higher level management to address the nonconformance and resulting corrective action.
6.3. Level 3 Nonconformance:
(1) Due to the nature of a Level 3 nonconformance, these types of nonconformance are candidates for contract remedies.
Therefore, before issuance of a NCR with a L3 nonconformance, consideration should be made whether an NCR or contract remedy is more appropriate. Issuing a Level 3 NCR in lieu of a contract remedy would normally be considered the Government’s final attempt to work with the contractor to resolve a contractual nonconformance before contractual remedies are used.
However, issuance of a Level 3 NCR is not a requirement before using contractual remedies. (2) A NCR identifying a L3 nonconformance (or a contract remedy) may be issued after repetitive Level 2 instances of the same or similar nonconformance demonstrate the contractor is failing to institute effective corrective action or failing to implement effective quality/internal controls. Repetitive major non-conformances with the same or similar requirement(s) increase the risk to the Government that continued, repetitious, or cumulative failures may significantly impact the requiring activity mission, or may result in hazardous/unsafe conditions.
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Packet Pg. 999 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 9 (3) Do not use any other levels other than those above. There is no escalation of levels above Level 3. If a nonconformance were to be considered more serious than a “critical nonconformance,” or “significant business deficiency” then it is more appropriate to issue a contract remedy than a NCR. Likewise, if a contractor fails to adequately correct a critical nonconformance, a contract remedy should be issued only by the KO.
6.4. Documenting NCRs.
(1) Use format #1 (attachment 6.2) for L2 or L3 NCRs on noncommercial contracts or commercial contracts with a QCP/QMP (or like requirement). This format has the expanded CAP requirements consistent with FAR 46 clauses or QCP/QMP requirements. (2) Use format #2 (attachment 6.3) for L2 or L3 NCRs on commercial contracts without a QCP/QMP. This format has the simplified CAP requirements consistent with the clause at 52.212-4. (3) Use format #3 (attachment 6.4) when the NCR contains only Level 1 nonconformance. This format has no CAP requirements. (4) NCRs shall use the letter formatting contained in chapter 3 of AR 25-50 Preparing and Managing Correspondence. Use the letterhead of the issuing office. Provide the details of nonconformance in an enclosure and any supporting evidence in tabs to the enclosure (see examples in attachment 6).
6.5. Tracking and Resolving Performance Deficiency and Corrective Action: All NCRs, verbal and written, regardless of issuer will be included in the COR’s Monthly Report. The COR and KO shall track NCRs to ensure the Contractor identifies and takes appropriate corrective action to the root cause and the specific non-conformance is corrected. The KO will make a final written determination of the Government’s remedies, whether verbal or written, if the non-conformance is not corrected by the Contractor after receiving notice and a reasonable opportunity to correct the work.
7. Deduct Plan. This acquisition does not include a Deduct Plan.
8. Data Analysis. Data Analysis will be performed to identify trends in cost, schedule and/or performance risks. The results of Data Analysis will be documented in COR Status Reports and may be used to make adjustments to surveillance schedules, increase or decrease surveillance, if deemed appropriate. Negative trends noted using Government data/observations could result in issuing the Contractor a Contract Discrepancy Report. Trends noted using Contractor data will not result in a NCR unless the Contractor is not addressing the negative trend.
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Packet Pg. 1000 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 10 9. Acceptance of Services. When all services have been deemed acceptable and there is documented objective quality evidence to support acceptable performance the COR will accept the services provided and authorize payment of the Contractor.
This is accomplished by approving the Contractor’s Receiving Reports in Wide Area Workflow at https://wawf.eb.mil/.
10. COR Status Report. COR Status Reports will be submitted on a Monthly basis to the Contracting Officer via the PIEE SPM Management Tool. COR Status Reports will provide a synopsis of the Contractors performance for the inclusive dates of the report. The synopsis will contain a summary of: surveillances performed; Customer Feedback, if any; NCRs, if any; an analysis of the Contractors performance; recommended adjustments to surveillance schedules; and any other pertinent contract information.
Completed Surveillance Checklists and NCRs, if any, will be included as attachments to COR Status Reports or uploaded separately in the Miscellaneous Documents Section of the CORs’ Online file.
11. Enterprise Contractor Manpower Reporting Application (ECMRA). The Contractor must report contractor manpower to the Contractor Manpower Reporting website at http://www.ecmra.mil. While inputs may be reported any time during the Fiscal Year (FY), all data shall be reported no later than October 31 of each calendar year. The COR shall verify that the Contactor has complied with the required contractor manpower reporting annually and document the results in the PIEE SPM, CORs’ Online File under misc. document.
12. Contractor Performance Assessment Reporting System (CPARS). Documented surveillance data (COR Status Reports, Completed Surveillance Checklists, Customer Feedback and NCRs, if any) will be used to support CPARS ratings. CPARS will be completed in accordance with AFARS, Subpart 5142.15 – Contractor Performance Information.
13. Combating Trafficking In Persons (CTIP). In accordance with PGI 222.17 and FAR 52.222-50, the KO will be notified immediately of any information from any source that alleges a Contractor employee, subcontractor and/or subcontractor employee has engaged in conduct that violates the United States Government “zero” tolerance policy regarding trafficking in persons.
14. COR/Quality Assurance Surveillance Files. The official COR/Quality Assurance Surveillance File will be maintained in the on-line COR Management Tool per Army Contracting Command Pamphlet, 70-1.
15. QASP Changes. This QASP is a living document and, as such, may be changed as needed based on Data Analysis (trends), contract modifications, etc. The COR will send any recommended changes to the Contracting Officer for approval and the Contracting Officer must approve all changes.
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Packet Pg. 1001 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 11 COR’S Signature Block
Contracting Officer’s Signature Block
Attachments:
1. Performance Requirements Summary (PRS)
2. Surveillance Checklist
3. NCR Worksheet, dated 5 Oct 18- Final Blank
4. Attachment 6.2- NCR Letter Format 1
5. Attachment 6.3- NCR Letter Format 2
6. Attachment 6.4 -NCR Letter Format 3
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Packet Pg. 1002 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 12 Attachment 1
Performance Requirements Summary (PRS)
Item
# Required Services PWS Reference Performance Standard Acceptable Quality Level Incentive/Disincentive 1 Receive official mail not
addressed to private
housing residences from the
United States Postal Service
(USPS)
1.9.2.4.1 Screen, sort, and deliver all
incoming mail to the correct
customers within one (1)
business day. Report any
known or suspicious mail
suspected of being dangerous
to persons or property IAW
DoD 4525.6 M and AR 25-51.
CLS 113A CL3
No more than three
(3) contractor
attributable
discrepancies per
month.
The primary method is
through Contract Deficiency
Reports but in extreme cases
could include Option Year
consideration or Termination
for Default. In addition, the
failure will be reflected in the
Contractor Performance
Assessment Reporting
System.
2 Maintain Central Mailroom
equipment operational at all
times with no deviations
attributable to the Contractor
1.9.2.4.2 Maintain Central Mailroom
equipment operational at all
times with no deviations
attributable to the Contractor.
Comply with on-site
maintenance services contract
requirements for equipment
IAW manufacturer
recommendations. If
equipment malfunctions,
consider it an emergency.
CLS113A CL3
Zero deviation from
performance
standard
The primary method is
through Contract Deficiency
Reports but in extreme cases
could include Option Year
consideration or Termination
for Default. In addition, the
failure will be reflected in the
Contractor Performance
Assessment Reporting
System.
3 Appoint a Central Mailroom
Key and Lock Custodian.
1.9.2.4.18 Conduct key and lock controls
and 100% key inventory IAW
AR 190-11 and AR 190-13.
Zero deviation from
performance
standard
The primary method is
through Contract Deficiency
Reports but in extreme cases
could include Option Year
consideration or Termination
for Default. In addition, the
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Packet Pg. 1003 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 13 failure will be reflected in the
Contractor Performance
Assessment Reporting
System.
4 Process outgoing official
mail and distribution IAW
applicable publications,
policies and procedures
listed in PWS Section 7.2 –
“Applicable Directives and
Publications.”
1.9.2.5.3 Screen, sort, meter, and
dispatch all properly addressed
outgoing mail within one (1)
business day. Accountable
mail shall be routed same day
of receipt. Complete PS Form
3883. CLS113C CL3
Zero Deviation from
performance
Standard
The primary method is
through Contract Deficiency
Reports but in extreme cases
could include Option Year
consideration or Termination
for Default. In addition, the
failure will be reflected in the
Contractor Performance
Assessment Reporting
System.
5 Prepare and submit reports
to the COR, KO, and Official
Mail Manager IAW CDRL
requirements.
1.9.2.4.26 Prepare and submit reports to
the COR, KO, and Official Mail
Manager IAW CDRL
requirements.
90% or more are
accurate,
completed, and on
time
The primary method is
through Contract Deficiency
Reports but in extreme cases
could include Option Year
consideration or Termination
for Default. In addition, the
failure will be reflected in the
Contractor Performance
Assessment Reporting
System.
6 Log the names, unit of
assignment, and date of
training attendance of
attendees and submit the
information via email to the
Official Mail Manager for
issuance of completion
certificate.
1.9.2.6.7 Provide training in a
classroom-type setting.
Convey information in a clear,
concise manner. Receive and
respond accurately to
questions.
Classroom training is
scheduled/conducted
on a monthly basis.
Periodically sit in on
training.
The primary method is
through Contract Deficiency
Reports but in extreme cases
could include Option Year
consideration or Termination
for Default. In addition, the
failure will be reflected in the
Contractor Performance
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Packet Pg. 1004 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 14 Assessment Reporting
System.
7 Provide Inspection Mail
Services IAW AR 600-8-3.
1.9.2.6.10c
Conduct unit mailroom
inspections of all serviced unit
mailrooms during unit
mailroom posted hours of
operation. Submit completed
DA Form 7698. CLS 113D.
Zero Deviation from
performance
standard
The primary method is
through Contract Deficiency
Reports but in extreme cases
could include Option Year
consideration or Termination
for Default. In addition, the
failure will be reflected in the
Contractor Performance
Assessment Reporting
System.
8 Provide ARIMS/Records
Management training.
1.9.2.7.5a
Provide training in a
classroom-type setting.
Convey information in a clear,
concise manner. Receive and
respond accurately to
questions. CLS113E.
Classroom training is
scheduled/conducted
on a quarterly basis.
Periodically sit in on
training. Conduct
survey assessment
The primary method is
through Contract Deficiency
Reports but in extreme cases
could include Option Year
consideration or Termination
for Default. In addition, the
failure will be reflected in the
Contractor Performance
Assessment Reporting
System.
9 Coordinate review of
installation-level publications
and forms.
1.9.2.9.5 Coordinate review (including
editing and authentication) of
routine installation-level
publication and forms within 30
working days of request from
customer. Validate
publications account
information for accuracy at
least once annually. CLS
113F
Validate 100% of
publications
accounts information
for accuracy with
customer at least
once annually.
The primary method is
through Contract Deficiency
Reports but in extreme cases
could include Option Year
consideration or Termination
for Default. In addition, the
failure will be reflected in the
Contractor Performance
Assessment Reporting
System.
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Packet Pg. 1005 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 15 ATTACHMENT 2 SURVEILLANCE CHECKLIST
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Packet Pg. 1006 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 16 19.b
Packet Pg. 1007 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 17 19.b
Packet Pg. 1008 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 18 CSPR Checklist Instructions
The CSPR Checklist template was designed to document the contractors in technical and non-technical performance, including measures associated with future CPARS reporting. The KO may dictate the use of this form in conjunction with the mandatory use SPM Smart Form Monthly COR Status and Progress Report (CSPR). This checklist cannot replace the SPM CSPR. Upload this checklist manually in the Surveillance Documents section of the Contract's SPM record.
You must insert the items required for evaluation during the CSPR period: These the light yellow blocks on the left of the form. Include the method of surveillance in the Use proper naming conventions when naming this document and prior to uploading, e.g. for Jerry Mark Doe, checklist for = Doe_JM_CSPRChecklist_Contract #_160120.
TECHNICAL AREA EVALUATION
LIGHT TAN CELLS: these entries must be consistent with the KO approved QASP and Schedule. You must insert the technical items identified for evaluation during the CSPR period: Do so under the Technical Area Evaluation section in the light tan blocks on the left of the form. Four things must be included in each tan block; 1) the method of surveillance, 2) a description of the item or service being evaluated, 3) the reference to the item or service from the PWS, SOW or other requirements document i.e. drawings, tech exhibits, cited regulations etc. and 4) the objective standard of performance. If you are using a random sample or hybrid surveillance that involves a random sample either explain how you arrived at the sample size and distribution consistent with the QASP or reference the document where your random sampling technic/process is explained.
LIGHT PURPLE CELLS: select the numerical rating from the drop down, the color of the cell will change based on your selection. Numerical ratings are defined in the Evaluation Rating Criteria section and are consistent with those used by CPARS. These rating can also aid you when completing the checkbox rating in the SPM’s monthly CSPR SmartForm. These ratings are averaged with Non-Technical Evaluations and serve to paint an overall picture of the contractor’s monthly performance. The evaluations are a support to you when dealing with the KO, QAS and contractor when issues arise or for award fee process. The rating system is designed to support the CPARS Process; wherein, monthly report can be averaged for the year and used in conjunction with the Additional Comments, discussed below, to develop the yearly CPARS appraisal.
LIGHT YELLOW CELLS: enter supporting comments for your rating, explain in sufficient detail that the KO, QAS, supervisor understand upon what objective standard and what reasoning the rating is based.
NoN-TECHNICAL AREA OBSERVATION
DARK GREY CELLS; these ratings are intended to be subjective, if you find that you are leaning to a more objective rating refer back to the description for the Technical Area light tan cells above. Remember to be objective the rating is based on a standard identified in a contractual document. Non-technical ratings may be related to some the Technical objective ratings and should be addressed in the comments cells.
LIGHT PURPLE CELLS: Refer to description above.
DARK GREY CELLS: Refer to description above.
BRIGHT GREEN CELL: This rates the contractor’s utilization, timeliness and accuracy of the Contractor Manpower Reporting system. This is subjective, however; all contract have a clause requiring the contractor to do CMRA so there must also be an objective technical rating above. Note: this in a once per year rating, generally in November of every year the contract is in force, regardless of the contract’s Period of Performance. If the contract ends prior to deadline for contractor submission they will need to do the report after the contract has ended.
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Packet Pg. 1009 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 19 ATTACHMENT 3 NCR WORKSHEET FINAL BLANK
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Packet Pg. 1010 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 20 ATTACHMENT 6.2 - NCR LETTER FORMAT 1
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Packet Pg. 1011 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 21 19.b
Packet Pg. 1012 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 22 19.b
Packet Pg. 1013 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 23 19.b
Packet Pg. 1014 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 24 ATTACHMENT 6.3- NCR LETTER FORMAT 2
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Packet Pg. 1015 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 25 19.b
Packet Pg. 1016 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 26 19.b
Packet Pg. 1017 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 27 ATTACHMENT 6.4 - NCR LETTER FORMAT 3
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Packet Pg. 1018 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 28 ATTACHMENT 6.4- NCR LETTER FORMAT 3
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Packet Pg. 1019 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services 29 19.b
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Packet Pg. 1021 Attachment: ASD_RMO_QASP_2 (5047 : Inter-Governmental Support Agreement (IGSA) - Services
INTERGOVERNMENTAL SUPPORT AGREEMENT (IGSA)
BETWEEN THE
UNITED STATES ARMY GARRISON, FORT IRWIN
AND CITY OF BARSTOW, CALIFORNIA
FOR CENTRAL MAILROOM SERVICES
W4E6AA-IGSA-A60RG-2022-0003
This is an Intergovernmental Support Agreement (hereafter referred to as the IGSA or Agreement) between the United States and City of Barstow, California, (hereafter PUBLIC PARTNER is used for brevity throughout this agreement) is entered into pursuant to federal law codified at 10 USC 2679. The statute authorizes the Secretary of the Army to enter into an IGSA on a sole source basis with a state or local government to receive installation support and services. The Secretary of the Army has delegated authority to the Garrison Commander (hereafter GC) to execute agreements on behalf of the United States.
The purpose of this IGSA is to outline the roles and responsibilities of the parties, identify the services to be furnished by the PUBLIC PARTNER, the prices to be paid by the United States, and the appropriate reimbursement and quality control procedures. The parties undertake this Agreement in order to provide services, supplies or construction to the United States, to achieve cost savings for the Department of the Army, and to provide additional revenues to local governments and their work forces.
RESPONSIBILITIES OF THE PARTIES:
The PUBLIC PARTNER shall perform the installation support services as stated in this IGSA. The term “installation support services” only includes services, supplies, resources and support typically provided by a local government for its own needs and without regard to whether such services, supplies resources, and support are provided to its residents generally, except that the term does not include security guard or firefighting services.
This is a non-personal services agreement. Each party is responsible for all costs of its personnel including pay, benefits, support and travel. Each party is responsible for supervision or management of its personnel.
The tasks, duties and responsibilities set forth in this IGSA may not be interpreted or implemented in any manner that results in PUBLIC PARTNER personnel creating or modifying federal policy, obligating appropriated funds of the United States, or overseeing the work of Federal employees. Under no circumstances, shall PUBLIC PARTNER employees or contractors be deemed Federal employees. If the PUBLIC PARTNER shall provide services through a contract, the contract must be awarded through competitive procedures. (This requirement does not apply to collective
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Packet Pg. 1022 Attachment: IGSA Transactional Document_Central Mailroom (06-02-2022 to Council)(284177.1) (5047 : Inter-Governmental Support Agreement SUBJECT: IGSA Between the United States Army Garrison, Fort Irwin, CA and the City of Barstow, CA for Postal Services - Central Mailroom W4E6AA-IGSA-A60RG-2022-03 2 bargaining agreements between the PUBLIC PARTNER and its employees.) Employees of the United States may not perform services for or on behalf of the PUBLIC PARTNER without the approval of the IGSA Manager.
SUMMARY OF SERVICES AND PRICE:
This will be a Firm Fixed Price Service which will be provided by the PUBLIC PARTNER. Services will include: processing incoming and outgoing mail, metering (affixing postage to) mail, providing DoD postal training and testing to appointed personnel, conducting inspections of unit mailrooms, and providing customer service. Customers consist of U.S. military personnel, their family members, rotational units, DOD and DA Civilians, and contracted personnel.
Perform services IAW applicable publications, policies and procedures listed in PWS Section 1.23. These services are identified in more detail in Attachment 1, Performance Work Statement (PWS) Postal Services- Central Mailroom. The PUBLIC PARTNER will provide a monthly invoice to be sent to the Technical Representative (IGSA-TR) with appropriate invoicing detail documentation attached.
In consideration for the services to be provided by the PUBLIC PARTNER, the United States agrees to pay the PUBLIC PARTNER in accordance with the following schedule:
Description Total
Base Year $266,865.61
Option Year 1 $270,123.81
Option Year 2 $276,511.24
Option Year 3 $280,023.11
Option Year 4 $283,535.00
Option Year 5 $287,259.75
Option Year 6 $287,886.25
Option Year 7 $291,775.07
Option Year 8 $295,769.00
Option Year 9 $299,868.01
Total $2,839,616.86
The United States has $266,865.61 available for obligation and payment under this Agreement, and shall only be liable for payment of services up to this amount and subsequent amounts allotted to the Agreement by the IGSA Manager. The United States anticipates that it will receive additional funds incrementally to the full estimated cost of the services for each performance period. The PUBLIC
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Packet Pg. 1023 Attachment: IGSA Transactional Document_Central Mailroom (06-02-2022 to Council)(284177.1) (5047 : Inter-Governmental Support Agreement SUBJECT: IGSA Between the United States Army Garrison, Fort Irwin, CA and the City of Barstow, CA for Postal Services - Central Mailroom W4E6AA-IGSA-A60RG-2022-03 3 PARTNER agrees to perform services up to, but not under any circumstances to exceed, the total amount of funds available under this Agreement or each subsequent allotment. The PUBLIC PARTNER shall notify the IGSA Manager one month before it shall exceed the amount of available funding.
Upon receipt of such notification, the IGSA Manager shall notify the PUBLIC PARTNER that additional funds have been allotted to the contract and specify the amount; or if funds are not available, notify the PUBLIC PARTNER to suspend performance of the Agreement until funds are available.
Both parties agree, subject to available funding on the part of the United States, to enter good faith negotiations for new Firm Fixed Price Service or negotiate adjustments to cost reimbursement in the event that PUBLIC PARTNER’s subcontractor for this Agreement enters into a collective bargaining agreement related to the performance of this Agreement. In no instance, however, shall any increase from this reopener clause more than double the escalation rate in the above price schedule, and then only upon the PUBLIC PARTNER having demonstrated to the United States’ satisfaction that the collective bargaining agreement negotiations were at arm’s length.
TERM OF AGREEMENT:
The term of this Agreement shall be for one year from the execution of the Agreement by the IGSA Manager, and renewable for successive one-year periods for nine additional years. The United States shall only be obligated for only one year of performance under the agreement, as it has no authority to obligate additional periods of performance without appropriation of adequate funds by the Congress. The United States shall only be obligated for an additional year of performance upon receipt of such funds, and only upon written notice by the IGSA Manager of an intent to award the option for an additional year of performance. The IGSA Manager shall provide notice of the renewal of the IGSA at least 10 days prior to the expiration of then current performance period. The IGSA Manager may condition the renewal upon availability of funds, and may suspend performance of the renewed period at no additional cost to the United States, until adequate funds have been received. If funds are not received, the parties agree that the Agreement can be unilaterally terminated by the IGSA Manager without further liability to the United States.
GOVERNMENT WILL PROVIDE:
Workspace and Utilities: The government will provide an area that will fit the requirements written in the scope of work. A portion of Building 306 has been assigned for Central Mailroom Services at Fort Irwin California. A joint physical inventory of the building will be done prior to services being transitioned to City of Barstow. There will be no cost to contractor for utilization of identified buildings, inclusive of utility consumption.
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Packet Pg. 1024 Attachment: IGSA Transactional Document_Central Mailroom (06-02-2022 to Council)(284177.1) (5047 : Inter-Governmental Support Agreement SUBJECT: IGSA Between the United States Army Garrison, Fort Irwin, CA and the City of Barstow, CA for Postal Services - Central Mailroom W4E6AA-IGSA-A60RG-2022-03 4 The PUBLIC PARTNER shall replace or repair any destroyed or damaged equipment or property caused by its employees intentionally or through negligence. Should government-furnished equipment require repairs or become inoperable, the PUBLIC PARTNER shall notify the IGSA-TR. Government furnished property shall not be removed from the installation or used to perform other than services specified in this agreement, unless specifically approved in writing by the IGSA-TR.
The PUBLIC PARTNER will be responsible for furnishing all other facilities and equipment necessary to perform the IGSA.
INSTALLATION SECURITY AND ACCESS REQUIREMENTS:
The provisions in this section are applicable to PUBLIC PARTNER or contractor employees performing services under this Agreement.
The PUBLIC PARTNER shall not permit employees who are not citizens or lawful immigrants to perform services under this IGSA. Employees who have been convicted of felonies, sex crimes, drug offenses or violent crimes, shall not perform services under this IGSA without the specific approval of the IGSA-TR.
The PUBLIC PARTNER shall not permit any employee to perform work on this IGSA if such person is identified by the IGSA-TR as a potential threat the health, safety, security, general well-being, or operational mission of the United States. The IGSA-TR may deny the continued entry of any employee upon receipt of information that indicates that the individual’s continued entry to the installation is not in the best interests of national security.
All PUBLIC PARTNER vehicles will be identifiable and include the PUBLIC PARTNER’s name
PAYMENT:
The United States shall pay the PUBLIC PARTNER for services based upon satisfactory completion of services on a monthly basis. Payment shall be based for services provided as set forth in this Agreement. The PUBLIC PARTNER shall not include any State or Local taxes in the prices it charges the United States unless approved by the IGSA Manager in advance or where the applicable Tax Exemption Certificate is provided by the IGSA Manager to the PUBLIC PARTNER. The Public Partner shall electronically submit invoices or payment requests to the Government’s Technical Representative (TR) and the IGSA Manager. The IGSA Manager will not authorize payment unless all services billed have been satisfactorily completed, and may reduce the amount billed for unsatisfactory or partial performance, or other reasons specified in this agreement. Instructions for processing payments:
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Packet Pg. 1025 Attachment: IGSA Transactional Document_Central Mailroom (06-02-2022 to Council)(284177.1) (5047 : Inter-Governmental Support Agreement SUBJECT: IGSA Between the United States Army Garrison, Fort Irwin, CA and the City of Barstow, CA for Postal Services - Central Mailroom W4E6AA-IGSA-A60RG-2022-03 5 Receiving/Invoicing –The municipality will send the invoice to the IGSA Technical Representative (IGSA TR), as designated and prescribed in the IGSA. a.) Invoice. The municipality (i.e. Service Provider) shall submit a valid invoice (with supporting cost/expense documentation)
b.) A valid invoice must include:
- Service Provider’s name and address;
- Invoice date and number;
- The IGSA number, project line item number, if applicable, and, if applicable, the order number if issued;
-Description, quantity, unit of measure, unit price and extended price of the items delivered;
- Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading (if applicable); - Name, title, and phone number of person to notify in event of defective invoice; - Commercial and Government Entity (CAGE) Code (Note: the CAGE code is a standard method of identifying a legal entity at a specific location. CAGE codes are assigned by Defense Logistics Agency)
Terms of any discount for prompt payment offered (if applicable); - Name and address of official to whom payment is to be sent; Any discount rates (if applicable).
Please ensure that the below established information is identified on all invoices.
CAGE CODE:
UEI:
CITY POC INFORMATION:
c. The United States shall be responsible for late payment fee to PUBLIC PARTNER pursuant to the Prompt Payment Act (31 U.S.C 58 3903) AND Office of Management and Budget (OMB) prompt Payment regulations at 4 CRF part 1315.
OPEN COMMUNICATIONS AND QUALITY CONTROL: The parties shall present any problems or concerns, which could potentially impede successful performance of the IGSA in a timely and professional manner. Communication, including email, telephone, and fax conducted between the PUBLIC PARTNER, the contractor, subcontractor and the United States, pertaining IGSA services shall be conducted in a secure manner. Written records or files will be protected from unauthorized disclosure Use of The PUBLIC PARTNER shall maintain a quality control plan to ensure all work is completed within the specified timelines
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Packet Pg. 1026 Attachment: IGSA Transactional Document_Central Mailroom (06-02-2022 to Council)(284177.1) (5047 : Inter-Governmental Support Agreement SUBJECT: IGSA Between the United States Army Garrison, Fort Irwin, CA and the City of Barstow, CA for Postal Services - Central Mailroom W4E6AA-IGSA-A60RG-2022-03 6 and quality standards specified in the Agreement. After its execution, an initial joint meeting of the Parties will be conducted to discuss the terms of the IGSA. The initial meeting shall also
discuss orientation of the PUBLIC PARTNER and its employees to work areas on the installation as well a phase-in plan to permit the orderly transition of responsibilities for performance of the services by the PUBLIC PARTNER.
INSPECTION OF SERVICES: The PUBLIC PARTNER will only tender services and goods in conformance with the IGSA. The IGSA Manager shall appoint an IGSA-TR who will be responsible for inspecting all services performed. The PUBLIC PARTNER will be notified of the identity of the IGSA-TR and their alternate, and of any changes. If services are performed outside the installation, the IGSA-TR shall be granted access to areas where services are performed.
The IGSA-TR shall have the right to inspect and test all services; inspections and tests to be conducted in a manner that will not unduly delay the performance of work. If the IGSA-TR determines that services do not conform to the requirements in this Agreement, the IGSA Manager can require the PUBLIC PARTNER to perform the services again, in whole or in part, at no additional cost to the government. Alternately, the IGSA Manager can reduce the price to be paid for services to reflect the reduced value of the services performed. If the services cannot be corrected by re-performance, the IGSA Manager can reduce the billed price to reflect the reduced value of the services to be performed. The IGSA-TR may alternately, in their sole discretion, waive price reductions or reperformance of services. Such waivers shall not constitute a waiver of requirements in the IGSA unless approved in writing by the IGSA Manager.
If the PUBLIC PARTNER is unable to perform any of the services due to an occurrence beyond the reasonable control of the parties, such as Acts of God, unusually severe weather, or government activities on the installation which impede the PUBLIC PARTNER’s performance, the PUBLIC PARTNER shall promptly notify the IGSA-TR.
In those rare instances in which the PUBLIC PARTNER fails to re-perform services or abandons performance, the United States may perform or contract for performance of the services and charge those costs to the PUBLIC PARTNER.
Except in an emergency, the United States will not exercise this authority without providing prior notice to the POC designated by the PUBLIC PARTNER to allow for amicable resolution of issues between the parties. If services are deemed to be deficient and cannot be corrected to the satisfaction of the IGSA-TR, the IGSA Manager may terminate the IGSA immediately. Such termination shall not become effective without prior notice and consultation with the PUBLIC PARTNER POC identified in this agreement.
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Packet Pg. 1027 Attachment: IGSA Transactional Document_Central Mailroom (06-02-2022 to Council)(284177.1) (5047 : Inter-Governmental Support Agreement SUBJECT: IGSA Between the United States Army Garrison, Fort Irwin, CA and the City of Barstow, CA for Postal Services - Central Mailroom W4E6AA-IGSA-A60RG-2022-03 7 TERMINATION: The IGSA may be terminated by mutual written agreement at any time. Except as otherwise specified in this agreement, either party can unilaterally terminate this IGSA upon 180 days written notice to the POCs designated in this Agreement.
The United States reserves the right to terminate this agreement for its convenience at any time. When notified by the IGSA Manager of the termination, the PUBLIC PARTNER shall immediately stop all work. The government will pay the PUBLIC PARTNER a percentage of the agreed price reflecting the percentage of work performed to the notice and associated reasonable termination costs. The PUBLIC PARTNER shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
SUSPENSION OF AGREEMENT:
The United States reserves the right to suspend performance of the agreement or access to the installation in the event of emergencies, mobilizations, national security reasons, or for other reasons outside the control of the United States.
The PUBLIC PARTNER will be entitled to an extension of time to for completion of the Services and shall be extended based upon the impact of the delay or suspension. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
APPLICABLE LAW:
The IGSA is subject to the laws and regulations of the United States. If any federal statue expressly prescribes policies or requirements that differ from the terms and conditions of this IGSA, the provisions of the statute shall govern.
CLAIMS AND DISPUTES:
The parties shall use their best efforts to resolve any disagreement or disputes they may have regarding this Agreement. To minimize disputes, the parties will meet periodically, preferably on a monthly basis, to discuss performance and any other issues they may have. The IGSA-TR shall represent the Government in such meetings.
If the parties are unable to resolve an issue, the IGSA-TR or the PUBLIC PARTNER may submit a claim arising out of the Agreement to the IGSA Manager for a final decision. The written submission must specify the nature and basis for the relief requested and include all data that supports the claim, and may designate a PUBLIC PARTNER representative to discuss the claim and its resolution. The IGSA Manager shall issue a final decision within 90 days of receipt of each claim.
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Packet Pg. 1028 Attachment: IGSA Transactional Document_Central Mailroom (06-02-2022 to Council)(284177.1) (5047 : Inter-Governmental Support Agreement SUBJECT: IGSA Between the United States Army Garrison, Fort Irwin, CA and the City of Barstow, CA for Postal Services - Central Mailroom W4E6AA-IGSA-A60RG-2022-03 8 Appeals authority: If the PUBLIC PARTNER is dissatisfied with the IGSA Manager’s decision, it may appeal the matter to the installation commander and must specify the basis of its disagreement. The installation commander or his designee shall issue a final determination on the matter within 60 days of receipt of the appeal. The final determination shall be reduced to writing and provided to the POCs specified in this agreement. All final determinations that result in the payment of additional funds to the PUBLIC PARTNER must be coordinated with the IGSA Manager.
The parties agree to the above procedures in lieu of litigation in any forum.
NOTICES, POINTS OF CONTACT (POCs), ANNUAL REVIEWS, AND AMENDMENTS TO THE IGSA:
The POCs pertaining to this IGSA are as follows:
For the United States:
IGSA Technical Representatives (IGSA-TR)
Isaac M. Padilla (Primary)
(760) 380-7435
[email protected]
Virginia I. Kemp (Alternate)
(760) 380-4540
[email protected]
IGSA Manager (IGSA-M)
Steven Ryan
(760) 380-6872
[email protected]
IGSA Financial Representative (RMO)
Raquel Cisneros
(760) 380-2600
[email protected]
For the PUBLIC PARTNER:
Technical Representatives
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Packet Pg. 1029 Attachment: IGSA Transactional Document_Central Mailroom (06-02-2022 to Council)(284177.1) (5047 : Inter-Governmental Support Agreement SUBJECT: IGSA Between the United States Army Garrison, Fort Irwin, CA and the City of Barstow, CA for Postal Services - Central Mailroom W4E6AA-IGSA-A60RG-2022-03 9 Chris Heldreth
(760) 255-5161
[email protected]
Kody Tompkins
(760 255-5175
[email protected]
Financial Representative
Marc Puckett
(760) 255-5117
[email protected]
Agreements Manager
Willie A. Hopkins, Jr.
(760) 255-5101
[email protected]
Unless otherwise specified, all notices under this Agreement shall be provided to the POCs specified above.
The POCs and a management official at least one level above the POCs as well as the IGSA Manager shall meet annually to discuss the IGSA, and consider any amendments to the Agreement.
Any party can propose amendments at any time. All amendments must be reduced to writing and incorporated by amendment to Agreement by the IGSA Manager in order to be effective.
TRANSITION: Beginning 1 July 2022 the PUBLIC PARTNER and the Garrison Fort Irwin will initiate the transition of the official mailroom services from the Garrison at Fort Irwin to the PUBLIC PARTNER.
FULL PERFORMANCE: On 1 August 2022 full performance of all services will begin for the PUBLIC PARTNER for the official mailroom services.
DUTY TO PROTECT GOVERNMENT PROPERTY ON THE INSTALLATION:
The PUBLIC PARTNER shall conduct a visit of the installation with the IGSA-TR prior to performance to satisfy itself of the general and local conditions existing on the installation to include sites where services will be performed. The PUBLIC PARTNER shall prepare an accident avoidance plan and plan to protect Government property on the installation. The PUBLIC PARTNER shall take measures to protect and not damage any property of the United States during performance of services. Should the PUBLIC PARTNER damage such property, the PUBLIC PARTNER will replace the item or restore it to its prior condition at its own cost or reimburse the United
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Packet Pg. 1030 Attachment: IGSA Transactional Document_Central Mailroom (06-02-2022 to Council)(284177.1) (5047 : Inter-Governmental Support Agreement SUBJECT: IGSA Between the United States Army Garrison, Fort Irwin, CA and the City of Barstow, CA for Postal Services - Central Mailroom W4E6AA-IGSA-A60RG-2022-03 10 States for such cost. If the PUBLIC PARTNER does not take measures to replace or restore, the United States reserves the right to deduct replacement or restoration costs from amounts billed by the PUBLIC PARTNER each month. The IGSA-TR shall provide written notice of the Government’s intent to offset costs against billings to allow the parties to resolve the matter amicably. Such resolution can include a schedule for payments to cover the loss or restoration of Government property over the term of the current period of performance.
CONTINUITY OF SERVICES:
The PUBLIC PARTNER recognizes that the services under this Agreement are vital to the United States and must be continued without interruption, and performed even in event of a dispute between the parties. Should the United States terminate this Agreement for any reason, the PUBLIC PARTNER agrees to furnish phase-in training to any successor contractor and exercise its best efforts and cooperation to effect an orderly and efficient transition of services.
HOLD HARMLESS:
Except as otherwise provided in this Agreement, the PUBLIC PARTNER shall indemnify and hold the United States harmless against any and all judgments, expenses, liabilities, claims and charges of whatever kind or nature that may arise as a result of the activities negligence, willful acts, or misconduct of the PUBLIC PARTNER or its employees in performance of this Agreement.
INSURANCE: The PUBLIC PARTNER shall provide the Government copies of their subcontractors’ insurance policies (required under their contract with the city), such policies either naming the U.S. Army Garrison Fort Irwin as the named insured or as a blanket additional insured by clause or endorsement. These copies shall be provided to the Government within 30 days after the effective date of the IGSA. The insurance policies will have an aggregate commercial general liability minimum of at least $2 million, with a minimum of $1 million of coverage for each occurrence. It shall also contain a minimum of $1 million of auto liability insurance and a minimum of $1 million of workers’ compensation/employer’s liability insurance.
WAGES AND LABOR LAW PROVISIONS:
These provisions apply to the PUBLIC PARTNER and any contractor performing services under this IGSA on behalf of the PUBLIC PARTNER. The PUBLIC PARTNER shall be exempt from federal labor statutes, provided it pays its employees at wage grades or rates normally paid by the PUBLIC PARTNER, and complies with all applicable PUBLIC PARTNER labor laws and standards. In no event, however, shall any employee be paid at wage rate below the minimum wage established in the Fair Labor Standards Act. The PUBLIC PARTNER shall comply with all applicable federal, state and local occupational safety and health requirements and standards. If the PUBLIC PARTNER has knowledge that any
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Packet Pg. 1031 Attachment: IGSA Transactional Document_Central Mailroom (06-02-2022 to Council)(284177.1) (5047 : Inter-Governmental Support Agreement SUBJECT: IGSA Between the United States Army Garrison, Fort Irwin, CA and the City of Barstow, CA for Postal Services - Central Mailroom W4E6AA-IGSA-A60RG-2022-03 11 actual or potential labor dispute by its employees may delay or threaten to delay performance of the contract, the PUBLIC PARTNER shall immediately notify the IGSA-TR and the IGSA Manager. The PUBLIC PARTNER shall provide timely updates until the dispute is resolved.
NON-DISCRIMINATION AND SEXUAL ASSAULT/HARASSMENT/ETHICS:
This provision applies to PUBLIC PARTNER and its contractors. The PUBLIC PARTNER agrees not to discriminate against any employee based upon race, color, religion, sex, national origin, or sexual orientation, or to allow any employee to engage in discriminatory practices or unethical conduct while performing work under this IGSA. The PUBLIC PARTNER shall not permit employees which engage in sexual assault, sexual harassment or trafficking to perform services under this IGSA.
The PUBLIC PARTNER shall not engage in age discrimination, and shall comply with the Americans with Disabilities Act with respect to the hiring and accommodation of employees performing services under this IGSA.
TRANSFERABILITY: This Agreement is not transferable except with the written authorization of the IGSA Manager.
ACTIONS OF DESIGNEES: Any act described in the IGSA to be performed by an individual or official can be performed of the designee of such individual or official, with the exception of the Agreements Officer.
ATTACHMENTS:
Attachment 1 Performance Work Statement-Directorate of Human Resources - Postal Services - Central Mailroom, dated 1/1/2022 (with Antiterrorism/OPSEC Coversheet, dated 1/14/2022.
Attachment 2 Technical Exhibits.
Attachment 3 DA Form 2062 – Property Inventory Hand Receipt.
Attachment 4 IGSA-TR Designations
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Packet Pg. 1032 Attachment: IGSA Transactional Document_Central Mailroom (06-02-2022 to Council)(284177.1) (5047 : Inter-Governmental Support Agreement SUBJECT: IGSA Between the United States Army Garrison, Fort Irwin, CA and the City of Barstow, CA for Postal Services - Central Mailroom W4E6AA-IGSA-A60RG-2022-03 12 Signatures and dates of signatures of the parties:
FOR THE CITY OF BARSTOW, CALIFORNIA FOR THE United States Army GARRISON:
PAUL ANTHONY COURTNEY, DR.,B.A. JASON A. CLARKE
MAYOR COL, SF
Commanding
DATE DATE
ATTEST:
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Packet Pg. 1033 Attachment: IGSA Transactional Document_Central Mailroom (06-02-2022 to Council)(284177.1) (5047 : Inter-Governmental Support Agreement 282164.v5
IMANAGE\11158\0162\284176.v1-6/8/22
CENTRAL MAILROOM SERVICES AGREEMENT FOR FORT IRWIN,
CALIFORNIA
1 IDENTIFICATION
This CENTRAL MAILROOM SERVICES AGREEMENT (“Agreement”) is entered into as of the last date indicated below by and between theCity of Barstow, a California municipal corporation (“City”), and High Desert Support Services, LLC, a Louisiana limited liability corporation (“Consultant” or “HDSS”) (collectively, “parties”). 2 RECITALS
2.1 City has entered into an Intergovernmental Support Agreement with the United States Army for Fort Irwin under federal law codified at 10 USC § 2679. As part of the services City has agreed to provide the United States Army under the Intergovernmental Support Agreement, City determined that it requires Postal Services-Central Mailroom services from a consultant at Fort Irwin.
2.2 Consultant represents that it is fully qualified to perform such Postal ServicesCentral Mailroom services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
3 DEFINITIONS “Scope of Services” means such mailroom management services as are set forth in Consultant’s Preference Work Statement and Technical Exhibits Scope of Work to City attached hereto as “Exhibit A” and fully incorporated herein by this reference.
3.2 “Approved Fee Schedule” means such compensation rates as are set forth in Consultant’s Cost estimate and assumption document proposal to City attached hereto as “Exhibit B” and fully incorporated herein by this reference. This fee schedule shall remain in effect forthe duration of this Agreement unless modified in writing by mutual agreement of the parties.
3.3 “Commencement Date” means July 1, 2022.
3.4 “Termination Date” means August 31, 2032, unless this Agreement is terminated earlier under its terms.
3.5 “City Agreement Administrator” means the Barstow City Manager or delegee. “Consultant Project Administrator” means Contracts Manager or delegee.
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Packet Pg. 1034 Attachment: Barstow-HDSS Central Mailroom Agreement (Final to Council)(284176.1) (5047 : Inter-Governmental Support Agreement (IGSA) - 282164.v5
IMANAGE\11158\0162\284176.v1-6/8/22
4 TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall terminate at 11:59 p.m. on the Termination Date unless terminated earlier in accordance with Section 18 (“Termination”) below. The City shall have the authority to extend the term of this Agreement for nine one-year increments with 60 days written notice to the Consultant. Additional extensions of this Agreement must be made in writing by mutual agreement of the parties.
5 CONSULTANT’S SERVICES
5.1 Time is of the essence in Consultant’s performance of services under this Agreement.
5.2 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services, including, but not limited to the following situation: if the scope of services in the Intergovernmental Services Agreement entered into by City for Postal Services-Central Mailroom services with Fort Irwin changes. Consultant shall not have the right to object to any reasonable changes in the scope of services. In such a case, the changes shall be incorporated by written amendment to this Agreement, with a corresponding increase or decrease in compensation to be determined via good faith negotiations. Otherwise, any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement for the initial one-year term and each of the nine additional possible one-year terms, if renewed as applicable, exceed the sums listed below in the following table, unless specifically approved in advance and in writing by City.
MONTHLY
BILLING
ANNUAL
COST
Base $21,591.07 $259,092.83
Option 1 $21,854.68 $262,256.13
Option 2 $22,371.46 $268,457.51
Option 3 $22,655.59 $271,867.10
Option 4 $22,939.73 $275,276.70
Option 5 $23,241.08 $278,892.96
Option 6 $23,291.77 $279,501.21
Option 7 $23,606.40 $283,276.77
Option 8 $23,929.53 $287,154.37
Option 9 $24,261.17 $291,133.99
$2,756,909.57
Consultant shall notify the City Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the maximum amount payable above. Consultant shall concurrently inform the City Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current
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Packet Pg. 1035 Attachment: Barstow-HDSS Central Mailroom Agreement (Final to Council)(284176.1) (5047 : Inter-Governmental Support Agreement (IGSA) - 282164.v5
IMANAGE\11158\0162\284176.v1-6/8/22
assignments before proceeding, when the remaining work on such assignments would exceed the maximum amount payable above.
5.3 Consultant shall perform all work in accordance with industry standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). Consultant shall submit all invoices and complete all work in the manner prescribed by the IGSA agreement entered into between the City and Fort Irwin /United States.
5.4 Consultant represents that it has advised City in writing prior to the date of signing this Agreement of any known relationships with third parties, City Council Members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for thedisclosure of confidential information.
5.5 During the term of this Agreement, Consultant shall not perform any work for another person or entity if such work would require Consultant to abstain from a decision under this Agreement pursuant to Government Code section 1090 or any other conflict of interest statute unless the City has not consented in writing to Consultant’s performance of such work.
5.6 Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Contracts Manager or delegee shall be the Consultant Project Administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No other person shall serve as Consultant Project Administrator without City’s prior written consent.
5.7 This Agreement covers professional services of a specific and unique nature.
Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without the consent of both parties and through an amendment to this Agreement.
5.8 Consultant shall be responsible to City for all services to be performed under this Agreement. All subconsultants shall be approved by the City Agreement Administrator.
Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subconsultants performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subconsultants. The City shall provide any Tax Exemption Certificate(s) to the Consultant.
5.9 Consultant shall notify the City Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subconsultant. Change of ownership or control of Consultant’s firm may require an amendment to the Agreement.
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Packet Pg. 1036 Attachment: Barstow-HDSS Central Mailroom Agreement (Final to Council)(284176.1) (5047 : Inter-Governmental Support Agreement (IGSA) - 282164.v5
IMANAGE\11158\0162\284176.v1-6/8/22
5.10 This Agreement is subject to prevailing wage law, for all work performed under the Agreement for which the payment of prevailing wages is required under the California Labor Code.
5.11 The Parties agree to meet and confer monthly regarding Contractor’s performance under this Agreement.
5.12 Government Property and Equipment Handling: The United States will provide an area that will fit the requirements written in the scope of work in the Postal Services-Central Mailroom services agreement between the City and the United States for use at Fort Irwin, California. Consultants agrees to perform services using such facilities, under the terms and conditions set by the United States and City. Consultant and City, in conjunction with the United States, will complete a joint inventory and all applicable Army requirements before the City and Consultant accept control of any United States owned property and equipment. Consultant shall replace or repair any destroyed or damaged equipment or property caused by its employees intentionally or through negligence. Should government furnished equipment require repairs or become inoperable, Consultant shall notify City, who in turn shall notify the United States, or notify the United States directly. Government furnished property shall not be removed from the mailroom or used to perform other than services specified in the agreement between the City and the United States unless specifically approved in writing by the United States and City.
Consultant will be responsible for furnishing all other facilities and equipment necessary to perform the IGSA.
6 COMPENSATION
6.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Approved Fee Schedule in full satisfaction for such services.
6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for services performed pursuant to this Agreement. All invoices submitted to the City by Consultant must match the requirements in the Intergovernmental Support Agreement entered by the City with the United States Army. Each invoice shall identify the IGSA number, project line item number if applicable, and if appliable the order number if issued, name, title, and phone number of person to notify in event of defective invoice, Commercial and Government Entity (CAGE) Code, maximum amount payable above, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law.
6.3 City shall compensate Consultant within 30 days after receiving an invoice from the Consultant for services performed pursuant to this Agreement as specified in Section 6.2 and payment from the United States as part of its Intergovernmental Support Agreement with the United States Army for Fort Irwin.
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Packet Pg. 1037 Attachment: Barstow-HDSS Central Mailroom Agreement (Final to Council)(284176.1) (5047 : Inter-Governmental Support Agreement (IGSA) - 282164.v5
IMANAGE\11158\0162\284176.v1-6/8/22
6.4 City shall not be responsible for paying Consultant until 30 days after it has received payment from the United States, however partial payments may be made where the City has received partial payments from the United States, even if Consultant has submitted a valid monthly invoice and 30 days have passed. The City shall not be responsible for any late penalty fees if the United States fails to pay the City on time under the terms of the IGSA.
6.5 If City does not receive payment from the United States as part of its Intergovernmental Support Agreement with the United States Army for Fort Irwin and City receives a Late Payment Penalty from the United States, then City agrees to remit a proportional share of the Late Payment Penalty actually received by City from the United States to Contractor.
6.6 The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant, however the Consultant shall be paid for any undisputed amounts. Any claims for unpaid amounts owed shall be governed by applicable California law, including the Government Claims Act, Government Code section 810, et seq.
7 OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.
8 RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.
Under no circumstances shall Consultant look to the City as its employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation, and other applicable federal and state taxes.
9 CONSULTANT WARRANTIES, REPRESENTATIONS AND COVENANTS
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Packet Pg. 1038 Attachment: Barstow-HDSS Central Mailroom Agreement (Final to Council)(284176.1) (5047 : Inter-Governmental Support Agreement (IGSA) - 282164.v5
IMANAGE\11158\0162\284176.v1-6/8/22
9.1 Professional Standards Warranties: HDSS warrants,represents, and covenantsthat:
(1) HDSS has the capability, experience, and means required to perform the Services; (2) such Services will be performed using personnel, equipment, and material qualified and/or suitable therefor; and (3) within the limits prescribed by THE CITY, HDSS will perform the Services in a diligent and workmanlike manner consistent with (i) accepted professional practices and standards for nationally recognized firms engaged in similar work, as in effect at the time the Services are performed, and (ii) THE CITY's reasonable rules, standards and specifications as communicated to HDSS prior to beginning the Services under the Order.
9.2 Other HDSS Warranties: HDSS warrants, represents, and covenants that: (1) HDSS will perform the Services in compliance with (i) applicable federal, state, and local laws, regulations, and ordinances as in effect and construed at the time the Services are performed and
(ii) THE CITY's reasonable rules as communicated prior to beginning Services under each Order issued pursuant to this Agreement; (2) HDSS shall utilize the licensed or permitted treatment, storage, or disposal facility or facilities designated THE CITY; (3) with respect to any contracts, purchase orders or related third party service agreements relating to the off-site transportation, storage, treatment or disposal of waste materials, HDSS shall, for the protection of THE CITY, demand from all vendors and contractors from which HDSS procures machinery, equipment, materials or services guarantees reasonably acceptable to THE CITY which shall be made available to THE CITY to the full extent of the terms thereof; provided, however, that HDSS's liability with respect to same shall be limited to procuring guarantees (but only to the extent available) from such vendors and contractors and rendering reasonable assistance to THE CITY for the purpose of enforcing the same; (4) HDSS shall use its best efforts to avoid infringements; and (5) HDSS shall maintain confidentiality, as set forth in this Agreement.
9.3 Remedies: If THE CITY alleges that HDSS has breached a warranty set forth in this Section, then THE CITY shall promptly notify HDSS in writing and, before taking any further action against HDSS as allowed by this Agreement, shall afford HDSS the opportunity, at HDSS's cost, to either re-perform any defective Service according to the original scope of work therefor (as modified up to the time of breach), or to commence and diligently pursue the cure of such breach.
9.4 HDSS's Duties: HDSS shall use its best efforts to timely provide Services for emergency response based on its judgment of the nature and extent of each emergency and its capability to respond to that emergency.
10 AGREEMENT ADMINISTRATOR
In performing services under this Agreement, Consultant shall coordinate all contact with City through its City Agreement Administrator. City reserves the right to change this designation upon written notice to Consultant. All services under this Agreement shall be performed at the request of the City Agreement Administrator, who will establish the timetable for completion of services and any interim milestones.
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Packet Pg. 1039 Attachment: Barstow-HDSS Central Mailroom Agreement (Final to Council)(284176.1) (5047 : Inter-Governmental Support Agreement (IGSA) - 282164.v5
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11 INDEMNIFICATION/HOLD HARMLESS
11.1 The parties agree that City, its officers, agents, employees, and volunteers, and the United States, and its officers, agents, employees, and volunteers, should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, taxes, or any other cost arising out of or in any way related to Consultant’s performance under this Agreement, except to the extent of the City’s negligence and/or fault. Accordingly, the parties intend the provisions of this indemnity provision to be interpreted and construed to provide the City and the United States with the fullest protection possible under the law. Consultant acknowledgesthat City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein. To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns, together with the United States, and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns, (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), resulting from any collective bargaining agreements entered into by Consultant prior to the performance of this Agreement.
11.2 Both parties agree that City shall enter good faith negotiations with Fort Irwin and the United States for new compensation terms in the event that Consultant enters into any collective bargaining agreements related to the performance of this Agreement. Negotiated compensation will flow down to Consultant.
11.3 This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which City may have under the law. Payment is not required as a condition precedent to the City’s right to recover under this indemnity provision, and an entry of judgment against the Consultant shall be conclusive in favor of the City’s right to recover under this indemnity provision. Consultant shall pay the City for any attorneys’ fees and costs incurred in enforcing this indemnification provision.
11.4 City agrees to promptly inform Consultant in writing of any claim that City believes to be subject to this Indemnification and Hold Harmless Agreement. Consultant on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the City from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent non-active negligence by the City.
11.5 City shall have the right to offset against any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section 10 of this Agreement and any amount due City from Consultant arising from Consultant’s failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’
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compensation laws.
11.6 The obligations of Consultant under this Section 10 of this Agreement are not limited by the provisions of any workers’ compensation or similar statute. Consultant expressly waives its statutory immunity under such statutes as to City, its officers, agents, employees and volunteers.
11.7 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in Section 10 ofthis Agreement from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations from others, Consultant agrees to indemnify, hold harmless City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement, except to the extent of the City’s negligence and/or fault.
Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.
11.8 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply whether or not any insurance policies apply to a claim, demand, damage, liability, loss, cost or expense.
11.9 In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11.10 Notwithstanding any federal, state, or local policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in CalPERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS benefits.
12 INSURANCE
12.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement.
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12.2 Any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements or limits shall be available to City as an Additional Insured as provided below. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured.
12.3 Insurance required under this Agreement shall be of the types set forth below, with minimum coverage as described:
12.3.1 Commercial General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and operations hazard, contractual insurance, broad form property damage, independent consultants, personal injury, underground hazard, and explosion and collapse hazard where applicable.
12.4 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident.
12.5 Worker’s Compensation insurance if and as required by the laws of the State of California.
12.6 Consultant shall require each of its subconsultants to maintain insurance coverage that meets all of the requirements of this Agreement provided however, that the City Agreement Administrator may waive the provision of Errors and Omissions Insurance by subconsultants in his or her sole discretion.
12.7 The policy or policies required by this Agreement shall be issued by an insurer approved to do business in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.
12.8 Consultant agrees that if it does not keep the insurance coverages required by this Agreement in full force and effect, City shall provide notice to Consultant, and if not timely obtained, may immediately terminate this Agreement.
12.9 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the required coverages are in effect and naming City and its officers, employees, agents and volunteers as Additional Insureds. Prior to commencement of work under this Agreement, Consultant shall file with City’s Risk Manager such certificate(s) and Forms CG 20 10 and CG 20 37 or the substantial equivalent showing City as an Additional Insured.
12.10 Consultant shall provide proof that policies of insurance required by this Agreement expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished prior to the expiration
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of the coverages.
12.11 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, as Additional Insureds. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
12.12 The insurance provided by Consultant shall be primary to any other coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, and employees shall be in excess of Consultant’s insurance and shall not contribute with it.
12.13 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.
12.14 Any deductibles or self-insured retentions must be declared to and approved by the City. Reasonable approval will not be withheld.
12.15 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify and hold harmless under Section 11 of this Agreement.
12.16 Consultant may be self-insured under the terms of this Agreement only with express written approval from the City.
12.16.1All self-insured retentions (SIR) must be disclosed to the City and shall not reduce the limits of liability.
13 MUTUAL COOPERATION
13.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably necessary for the proper performance of Consultant’s services under this Agreement.
13.2 If any claim, action, or proceeding is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim, action, or proceeding. 14 CONFIDENTIALITY
The City shall treat as confidential all information and data furnished to it by Consultant in connection with this Agreement including, but not limited to, Consultant's technology,
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formulae, procedures, processes, methods, trade secrets, ideas, inventions, and/or computer programs; and the City shall not disclose such information to any third party, except to a related company which has first agreed in writing with Consultant to an obligation of confidentiality identical to the obligations of the City as set forth in this Section 14.
However, nothing herein is meant to prevent nor shall it be interpreted as preventing either Consultant or the City from disclosing and/or using said information or data (i) when the information or data is actually known to the receiving party before being obtained or derived from the transmitting party; or (ii) when the information or data is generally available to the public without the receiving party's fault at any time before or after it is acquired from the transmitting party; or (iii) where the information or data is obtained or acquired in good faith at any time by the receiving party from a third party who has the same in good faith and who is not under any obligation to the transmitting party in respect thereof; or (iv) where a written release is obtained by the receiving party from the transmitting party; or (v) five (5) years from the date of receipt of the information; or (vi) when permitted by this Agreement; or (vii) when required by process of law as determined by the City Clerk’s sole judgment for the City; provided, however, upon service of such process, the recipient thereof shall notify the other party and afford it an opportunity to resist such process.
Nothing in this provision shall prevent either party from complying with the requirements of the California Public Records Act (Government Code, § 6250 et seq.) or the Freedom of Information Act (5 U.S.C. § 552).
15 RECORDS AND INSPECTIONS
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. City shall further have the right to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.
16 PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.
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17 NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City:
City Manager
City of Barstow
220 E. Mountain View St.,
Suite A Barstow, CA 92311
Telephone: (760) 256-3531
Facsimile:
Email:
If to Consultant:
High Desert Support Services, LLC
Deputy General Counsel
1200 Brickyard Lane, Suite 202
Baton Rouge, LA 70802
Telephone:
Facsimile: 202-261-1947 Attn: Wade Bass
Email: [email protected]
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With courtesy copy to:
Matthew T. Summers, City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd, Suite 8500
Pasadena, California 91101
Telephone: (213) 542-5700
Facsimile: (213) 542-5710
High Desert Support Services, LLC Senior Counsel
1200 Brickyard Lane, Suite 202
Baton Rouge, LA 70802
Telephone: 202 261 1969
Facsimile: 202-261-1947 Attn: Aidan Delgado
Email: [email protected]
18 SURVIVING COVENANTS
Agree that the covenants contained in Section 10, Section 13, Paragraph 12.2, Section 14, and Section 18 of this Agreement shall survive the expiration or termination of this Agreement. 19 TERMINATION
19.1 If the United States/Fort Irwin suspends performance of the IGSA it has entered into with City or terminates the IGSA for Postal Services-Central Mailroom services for any reason, including but not limited to emergency, national security, any lack of available federal appropriations, Citymay respectively suspend or terminate this Agreement on thirty calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of suspension or termination. All City data, documents, objects, materials or other tangible things shall be promptly returned to City upon the suspension or termination or expiration of this Agreement. In such an event, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement as provided in Section 5.2 above and as otherwise provided in this Agreement. After suspending the Agreement, City may unsuspend the Agreement upon three calendar days’ written notice to Consultant, in which case the Consultant shall be entitled to an extension of time and an equitable cost adjustment for the period of the suspension.
19.2 The City may terminate this Agreement, in whole or in part, with 180 days’ written notice if:
19.3 Consultant fails to comply with any of the terms and conditions of this Agreement, fails to make progress so as to endanger performance, or fails to provide adequate assurances to the City of Consultant’s future performance and does not cure the default within ten (10) days of notice (or such longer period as the City may authorize in writing); provided,
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however, any default that results in a delivery delay shall not be subject to cure, and the City may terminate this Agreement immediately in such event;
19.4 Consultant becomes insolvent or makes a general assignment for the benefit of creditors or reasonable grounds for insecurity arise with respect to the City’s performance;
19.5 The underlying IGSA, or that portion of the IGSA for which Consultant provides services, has been terminated by the United StatesArmy;
19.6 Or for any other good cause determined by the City that prevents this Agreement from being carried out.
Upon termination, Consultant shall discontinue the services on the date and to the extent specified in the notice and shall place no further purchase orders other than as may be required for completion of such portion of the services that is not terminated. Consultant shall promptly terminate any lower-tier subcontracts and other agreements related to the performance of the terminated services or assign those agreements as directed by the City. Consultant shall immediately return to the City any supplies and/or materials provided to Consultant for the performance of the services. Upon termination of this Agreement, Consultant shall have no right to perform further services under this Agreement or to receive any compensation for services or material provided after the date of termination. Consultant shall be paid for Work actually performed/delivered prior to termination and a proportional share of any reasonable termination costs as paid by the United States to the City.
Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be promptly returned to City upon the termination or expiration of this Agreement.
If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed at the time of termination and a proportional share of any reasonable termination costs as paid by the United States to the City. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement as provided in Section 5.2 above and as otherwise provided in this Agreement. 20 GENERAL PROVISIONS
20.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, which consent will not be unreasonably withheld, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.
20.2 The City reserves the right to suspend performance of the agreement or access to the mailroom in event of emergencies, mobilizations, national security reasons, or for other reasons outside the control of the City or the United States. The Consultant will be entitled to an
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extension of time to and for completion of the Services and shall be extended based upon the impact of the delay or suspension. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, war, pandemic, or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes and the City or the Consultant shall be entitled to a reasonable extension of time to perform their obligations.
20.3 In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion,sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability, medical condition or any other unlawful basis.
20.4 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph shall govern construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular and vice versa, in any place or places herein in which the context requires such substitution(s).
20.5 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party to be charged with the waiver.
20.6 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
20.7 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more ofsuch rights, powers or remediesshall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the party prevailing in such action, whether or not reduced to judgment, shall be entitled to its reasonable court costs, including any accountants’ and attorneys’ fees expended in the action. The venue for any litigation shall be San Bernardino or Los Angeles County, California and Consultant hereby consents to jurisdiction in San Bernardino or Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
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20.7.1 The Parties agree and acknowledge this Agreement relates to unique land use and real property issues and that remedies at law, even if available, would be inadequate in the event of a breach. Both Parties agree and recognize that, if a breach of this Agreement occurs, it is not possible to determine an amount of monetary damages which would adequately compensate either Party for their losses nor calculate the consideration City and Owner would require from each other to justify such exposure.
Therefore, the Parties agree that monetary damages shall not be an adequate remedy for either Party if the other Party should be determined to be in default under this Agreement. The Parties further agree that specific performance, writ of mandate for performance of a required act, or rescission, shall be the sole available and appropriate remedy for either Party under this Agreement. Each Party expressly agrees that it shall not seek monetary damages from the other party under this Agreement or under any otherwise applicable legal basis for monetary damages arising out of this Agreement except for any indemnity obligations set forth herein. In no event will either party or its officers, agents, or employees, be liable for damages for any default under this Agreement, it being expressly understood and agreed that the sole legal remedy available to either Party for a default under this Agreement shall be a legal action in mandamus, specific performance, rescission, or other injunctive or declaratory relief to enforce the provisions of this Agreement. No delay or omission in the exercise of any right or remedy accruing to the nondefaulting party under this Agreement shall impair such right or remedy or be construed as a
waiver of any breach by the defaulting party. The waiver by either party of any condition or covenant contained herein shall not be deemed a waiver of any other condition or of any subsequent breach by the other party of any term, covenant or condition contained herein.
20.8 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
20.9 This Agreement shall be governed and construed in accordance with the laws of the State of California.
20.10 All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and those of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and
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Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on behalf of the City and Consultant.
20.11 Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation.
Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training, Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.
20.12 The failure of Consultant or City in any one or more instances to enforce one or more of the terms or conditions of this Agreement or to exercise any right or privilege in this Agreement or the waiver of any breach of the terms or conditions of this Agreement shall not be construed as thereafter waiving any such terms, conditions, rights, or privileges, and the same shall continue and remain in force and effect as if no such failure to enforce had occurred.
20.13 Unless this Agreement is exempted by law, HDSS shall comply with Executive Order 11246, the Rehabilitation Act of 1973, the Vietnam Era Veterans' Readjustment Assistance Act of 1974, and the rules and regulations issued pursuant to said Order and Acts, as amended and all of which are incorporated herein by reference. Upon execution of this Agreement and upon request, HDSS shall furnish to THE CITY an executed Certificate of Nonsegregated Facilities.
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement as of the last date indicated below:
“City” “Consultant”
High Desert Support Services, LLC
By By:_
Paul Anthony Courtney, Dr.,B.A., Mayor [insert name], insert title] Date: Date:
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ATTEST:
By
Andrea Flores, City Clerk
Date:
APPROVED AS TO FORM:
By
Matthew T. Summers, City Attorney
Date:
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT B
APPROVED FEE SCHEDULE
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WORKERS’ COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
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06/20/22 07:00 PM
Building
Christopher Heldreth
Ordinance
Doc ID: 5058
AGENDA ITEM
AGENDA MATTER:
1ST READING AND INTRODUCTION OF ORDINANCE ____-2022 AMENDING CHAPTER 5.91, TITLE 5 OF THE BARSTOW MUNICIPAL CODE ENTITLED "ANNUAL RENTAL PROPERTY INSPECTION REQUIREMENTS"
EXECUTIVE SUMMARY:
The purpose of the proposed ordinance amendment is to ensure residents of the City of Barstow do not inhabit substandard rental properties throughout the City. Pursuant to its police powers, the City of Barstow has authority to regulate and enforce the State’s Health and Safety Code. In addition, the City may amend the codes by adding requirements that apply to the local jurisdiction. This ordinance authorizes the City of Barstow to ensure that landlords are providing standard housing in all rental properties throughout our jurisdiction.
DISCUSSION:
Per the request of City of Barstow City Council, the amendments to ordinance 975-2021 of the Barstow Municipal Code has been brought forward for review. The addition of Chapter 5.91, “Annual Rental Property Inspection Requirements” to Title 5 of the Barstow Municipal Code aims to protect the public safety, health, and welfare of our community. Approval of this ordinance would ensure a standard of living throughout our community in all rental properties.
Amendments were made per the request of the City Council and public concern. A Town Hall Meeting was held to discuss the Annual Rental Property Inspection Ordinance on March 23, 2022. Based on the concerns discussed at the Town Hall Meeting, amendments were brought before the Rules and Policy Committee at the March 29th, April 26th, and May 31st, 2022 meetings.
FISCAL IMPACT:
The fiscal impact will be covered by fees associated with the Annual Rental Property Inspection Program.
The fees generated should cover all costs incurred by adding this ordinance.
RECOMMENDED ACTION:
1. Approve the 1st Reading of Ordinance No. ____-2022 Amending Chapter 5.91, Title 5 of the Barstow Municipal Code Entitled Annual Rental Property Inspection Requirements;
2. Direct the City Clerk to bring the ordinance back to the City Council for the 2nd Reading and Adoption at the next regularly scheduled meeting.
3. Direct the City Clerk to publish a summary of this ordinance pursuant to G.C. 54963.
4. Determine the adoption of this Ordinance is exempt from review under the California Environmental Quality Act under CEQA Guidelines section 15301.
20 Packet Pg. 1055
ORDINANCE NO. ____- 2022
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BARSTOW AMENDING CHAPTER 5.91 ENTITLED "ANNUAL RENTAL PROPERTY INSPECTION REQUIREMENTS" ESTABLISHING A RESIDENTIAL RENTAL REGISTRATION AND
INSPECTION PROGRAM
WHEREAS, in recent years the City of Barstow ("City") has experienced an increase in deteriorating neighborhoods and increased public safety costs which negatively impact the quality of life within the City and compromises the City's ability to provide services and attract new businesses and residents; and WHEREAS, the City has experienced an increase in the occurrence of substandard maintenance, unsafe conditions, illegal activity and public nuisances in single-family rental property, especially those rented by absentee landlords; and WHEREAS, unmaintained properties lower property values, destroy community aesthetics and lead to problems with safety because deteriorated neighborhoods and properties potentially lead to higher incidences of crime, and WHEREAS, many rental houses are unkempt, with little, missing or deteriorating landscaping, unattractive weed growth, automobiles parked on lawn areas, trash and debris, peeling paint, boarded or broken windows and lack of overall routine maintenance; and
WHEREAS, these conditions may contribute to a further decline in neighborhoods throughout the City; and
WHEREAS, rental properties are typically the cause of a higher percentage of Code Compliance cases and tenant complaints due to many non-local owners failure to comply with their responsibilities of property ownership; and WHEREAS, the City desires to increase the value of our residential communities and create an aesthetically pleasing community by cleaning up neighborhoods and enforcing municipal codes; and
WHEREAS, the rental property inspection requirements ordinance is designed to ensure that owners of rental property properly maintain their rental units adequately and continually, help reduce community blight and deter illegal tenant activities; and WHEREAS, the City Council finds and determines that having an ordinance regulating residential rental dwelling units is critical to preserving the public health, safety and welfare of all residents of the City; and
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Packet Pg. 1056 Attachment: Updated Rental Registration Ordinance 06-09-2022 (5058 : Ordinance No. ____-2022 - Amending Annual Rental Property Inspection WHEREAS, the City Council, in the exercise of its discretion as the final legislative and adjudicatory body of the City, based on substantial evidence in the record, votes to approve the amendment to the Barstow Municipal Code.
Section 1. FINDINGS
The City Council incorporates the recitals hereinabove, finds, and determines the following based on the information presented:
• Finding 1:The need to establish minimum inspection requirements for the issuance of an Annual Rental Property Permit and is in the best interest for the health, safety, and welfare of the citizens of Barstow to improve neighborhoods experiencing a high number of rental housing units.
a. The City Council makes Finding 1 based on the fact that unkempt rental properties with unmaintained landscaping and weed growth, automobiles parked on landscaped areas, trash, and debris within the yard, deteriorating paint and boarded windows is not in the best interest of health, safety and welfare.
b. The City Council also makes Finding 1 based on the fact that Barstow defines that rental housing is a business and not solely an investment tool. Consequently, businesses may be subject to reasonable requirements for the public health, safety, and welfare of residents. • Finding 2: To accomplish the City Council's goal of higher residential value the City must help to raise property values by reducing blight, improving neighborhoods, and establishing certain rental requirements for rental property owners such as annual rental inspections.
a. The City Council makes Finding 2 based on the fact that an annual inspection will help to ensure that the rental housing stock is maintained, therefore preventing blight and improving neighborhoods. b. The City Council makes Finding 2 based on the fact that rental properties contribute to code compliance calls and cases at higher proportion compared to owner occupied properties.
• Finding 3: To carry out the City Council's goal of having an aesthetically pleasing, cleaner community, with pride of ownership and improved neighborhoods the City shall require annual rental inspections to help achieve this goal.
a. The City Council makes Finding 3 based on the fact that many rental owners are from out of the area and do not have the close contact or knowledge of what condition their property is in.
b. The City Council also makes Finding 3 based on the fact that rental housing can become unkempt, unmaintained, and unattractive because many renters do not have what is referred to as 'pride of ownership'. • Finding 4: The City finds that unmaintained rental properties are a public nuisance and subject to abatement procedures as set forth in Chapter 6.28 the Barstow Municipal Code.
a. The City Council makes Finding 4 based on the fact that rental properties that are not maintained are a public health, safety and welfare issue and
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Packet Pg. 1057 Attachment: Updated Rental Registration Ordinance 06-09-2022 (5058 : Ordinance No. ____-2022 - Amending Annual Rental Property Inspection must be addressed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY ORDAIN AS FOLLOWS:
Section 2. AMENDMENT OF CHAPTER 5.91 OF THE BARSTOW MUNICIPAL CODE.
Barstow Municipal Code Chapter 5.91 entitled Rental Property Inspection Requirements is hereby amended as follows with new text denoted as underlined and deleted text denoted by strikethrough:
The proposed amendments clarify when interior inspection may take place and allow landlords to self-certify that they are not providing sub-standard housing.
Article 1: RENTAL PROPERTY INSPECTION REQUIREMENTS
Sec. 5.91.010 Purpose
Sec. 5.91.020 Scope
Sec. 5.91.030 Definitions
Sec. 5.91.040 Rebuttable Presumption
Sec. 5.91.050 Annual Rental Permit/Change of Ownership
Sec. 5.91.060 Owners Authorized Representative
Sec. 5.91.070 Reserved
Sec. 5.91.080 Initial and Annual Inspection
Sec. 5.91.090 Certificate of Compliance
Sec. 5.91.100 Re-registration and Certificate of Compliance Renewal Sec. 5.91.110 Re-inspection Process to Renew a Certificate of Compliance Sec. 5.91.120 Violations
Sec. 5.91.130 Complaint Based Inspections
Sec. 5.91.140 Expired Certificate of Compliance
Sec. 5.91.150 Failure to Pay Fees
Sec. 5.91.010:
Purpose
The City Council of the City of Barstow finds and declares that there exist in the City of Barstow substandard and unsanitary residential buildings and dwelling units with the physical conditions and characteristics of which violate state and local housing and technical codes and render them unfit or unsafe for human occupancy and habitation, and which are detrimental to or jeopardize the health, safety, and welfare of their occupants and the public.
The City Council further finds and declares that the existence of such substandard buildings and dwelling units threatens the physical, social, and economic stability of sound institutions, necessitates disproportionate expenditures of public funds for remedial action; and destroys the amenity of residential areas and neighborhoods and of the
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Packet Pg. 1058 Attachment: Updated Rental Registration Ordinance 06-09-2022 (5058 : Ordinance No. ____-2022 - Amending Annual Rental Property Inspection community as a whole. The City Council has determined requiring all properties within the City of Barstow with rental residential units to be registered with the City and inspected serves these legitimate governmental interests.
For these reasons, it is hereby declared to be the policy of the City of Barstow:
(a) That it is in the public interest of the people of Barstow to protect and promote the existence of sound and wholesome residential buildings, dwelling units, and neighborhoods by the adoption and enforcement of such standards, regulations, and procedures as will remedy the existence or prevent the development or creation of dangerous, substandard, or unsanitary and deficient residential buildings and dwelling units; and
(b) That the adoption of this chapter protects and promotes the health, safety, and welfare of the people of Barstow.
It is further the intent that the inspection requirements will be self-funded by the required annual regulatory permit fee as per the Master Fee Schedule.
Sec. 5.91.020:
Scope
The Comprehensive Residential Rental Unit (CRRU) inspection program shall apply to all properties within the City of Barstow with residential rental units; except those hotels and motel subject to the transient occupancy tax pursuant to Chapter 3.16 of this code shall be exempt. All properties subject to this chapter shall be inspected by the Building Official or his or her designee for compliance with the City of Barstow housing and property maintenance standards. No interior inspection shall take place without the consent of the owner or their authorized representative, unless the Building Inspector or their designee has an inspection warrant or upon exigent circumstances. Landlords may also self-certify and accept all liability that their property is in compliance with the City’s housing and property maintenance standards by completing the City’s Self-Certification Checklist.
Sec. 5.91.030:
Definitions
For the purpose of this article, unless otherwise apparent from their context, certain words and phrases used in this article shall have the meanings hereinafter designated. The definitions in this article are included for reference purposes only and are intended to define the terms used in this article in relation to the rental inspection requirements. (a) "Annual Rental Permit" means the annual permit issued per Rental Property after the property has successfully passed a Rental Property inspection performed by City Building Inspectors and successfully complied with all other applicable laws, including payment of all applicable fees.
(b) "Applicable Laws" means and includes all federal, state and local statutes, ordinances and regulations that pertain to the condition, habitability and safety of Dwelling Units
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Packet Pg. 1059 Attachment: Updated Rental Registration Ordinance 06-09-2022 (5058 : Ordinance No. ____-2022 - Amending Annual Rental Property Inspection and residential property. Applicable Laws, include, but are not limited to, the State Housing Law (California Health & Safety Code, Sections 1791 O et. seq.), (California Health and Safety Code, Sections 11570 et. seq.), and the Barstow Municipal Code. (c) "Building Official" means the Director of the Building and Safety Department, or his/her designee who shall possess all statutorily mandated certifications to enforce state building and construction codes.
(d) "Certificate of Compliance" means a certificate issued by the Building Official for residential rental unit properties, certifying compliance with this chapter and the housing and property maintenance standards of the City of Barstow. (e) "Dwelling Unit" means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
(f) “Exigent circumstances” means a situation where a Rental Property constitutes an imminent danger to life, health, or safety.
(g) "Frequency Upgrade" means modifying the inspection frequency to extend the length of time between compliant inspections.
(h) "Inspection Frequency" means the length of time between inspections for renewal of certification of residential rental units.
(i) "Maintenance Request Log" means the log required to be maintained by the owner or manager of a residential rental unit, which shall record all tenant requests for repairs, the time estimated at the time of the request for repairs to be completed, and the completion date of the repairs.
(j) "Major Violation" shall mean any one or more of the following violations:
(1) Heating system not fully operational at any time between October and April of the following year.
(2) Cooling system not fully operational at any time between May and October. (3) Hazardous code violations, including but not limited to any of the following:
(i) Exposed electrical wiring;
(ii) Collapsed ceiling or walls caused by water leakage; (iii) Sewage leakage into walls, floors or onto the ground; (iv) Structural damage resulting in the building being determined by the Building Official to be unsafe;
(v) Fire alarm and/or carbon monoxide alarm system not fully operational; (vi) Firewalls damaged or not maintained.
(k)“Self-Certification Checklist” means a City-created form listing the minimum standards that landlords must use to attest that their buildings meet and accept all liability for all information they submit to the City. Any person who makes a false statement on the Self-Certification Checklist or submits false information are accepting all liability. The City may also promulgate rules regarding which landlords, property management companies, and property managers are eligible to complete the Self-Certification Checklist. The Building Official retains the authority to determine which landlords are eligible to complete the Self-Certification Checklist based on previous information provided and/or any false information
(l) "Non-compliance with Notice and Order" means that the owner, his authorized agent, or other responsible party does not make required repairs as provided in Notice and
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Packet Pg. 1060 Attachment: Updated Rental Registration Ordinance 06-09-2022 (5058 : Ordinance No. ____-2022 - Amending Annual Rental Property Inspection Order from the Building Official.
(m)“Occupant or tenant" means any person who occupies a Rental Property, whether as a tenant or permittee of the owner.
(n) "Owner's Authorized Representative" means a person, agent, Property Owner or property Management Company with respect to a Rental Property who has the legal authority to act upon the Owner's behalf with respect to the Rental Property. (o) "Owner" or "Property Owner'' means any person having legal title to real property, including all individuals, partner, joint venture, stock owner, persons in care of the Rental Property as shown as owners on the last equalized assessment roll of the San Bernardino County Assessor's Office, or an owner's authorized representative. If more than one person or an entity owns the Rental Property, Owner or Property Owner refers to each person or entity holding any kind of ownership interest in the Rental Property, and the property owners' obligations in this article are joint and several as to each Property Owner.
(p) "Other Violations" means any violation other than those defined as a major violation. (q) "Property Management Posting" means a sign required to be posted and maintained at all times which shall include the address and location to obtain repair requests and a current 24-hour emergency phone number. The sign shall be posted close to the main entrance in an area accessible and visible to the general public, or as may otherwise be approved in writing by the Building Official. (r) "Rental Property (ies)" means any single or multiple dwelling unit(s) zoned parcel, or any multiuse zoned parcel, used for occupancy by a person(s) other than the owner of the dwelling unit and is occupied or intended to be occupied for rental or lease purposes. This definition includes the exterior of the structure, and the entire legal property upon which the structure exists, including but not limited to all yards, parking lots, driveways, landscaped area, accessory structures, fences, walls, swimming pools, hot tubs and spas. For the purpose of this article, the following types of dwelling units or facilities are not considered Rental Property/ Dwelling / Unit:
(1) Conventional hotels or motels.
(2) Accommodations in any hospital, extended care facility, residential care facility, convalescent home, nonprofit home for the aged, or dormitory that is owned and operated by an educational institution.
(s) “Single-Family Dwelling(SFD)/Duplex” means one dwelling unit in one standalone building, not including an ADU or JADU as defined in Section 19.10.070. A duplex, meaning two dwelling units in one standalone building, is treated as an SFD and not a multi-family dwelling (MFD) for the purposes of determining the number, type, and development standards of ADU/JADUs.
(t) “Multi-Family Unit” means a multifamily residential dwelling. Multi-Family Unit is a classification of housing where three or more housing units for residential inhabitants are contained within one building or several separate buildings within one complex or site. Units can be next to each other, or stacked on top of each other. A common form of this type of housing is an apartment building.
(u)"Repair Request Form" means a two-part form the owner of a property must provide to all tenants. The form shall indicate the address the form is to be delivered to for repair and an area for the manager or owner to sign the receipt of the repair request.
The owner shall provide a copy of the request to the tenant.
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Packet Pg. 1061 Attachment: Updated Rental Registration Ordinance 06-09-2022 (5058 : Ordinance No. ____-2022 - Amending Annual Rental Property Inspection Sec. 5.91.040:
Rebuttable Presumption
For the purposes of this Article, if a property tax bill, water, or sanitation utility bill for a property is mailed to an address other than the property's address, it shall be a rebuttable presumption that the property is a Rental Property. This presumption can be rebutted by the owner of record by providing reasonable documentation to the City sustaining that the property is owner occupied or is not being used, actively or not, for rental income.
Sec. 5.91.050:
Annual Rental Permit Required/Change of Ownership
Every owner of one or more dwelling units that are Rental Properties, whether single family or multi-family dwelling units, or any combination thereof, shall be required to obtain an Annual Rental Permit for each Rental Property within sixty (60) days of becoming a residential rental unit, or being converted to a residential rental unit. An Annual Rental Permit shall be issued after the Rental Property has passed an initial Rental Property inspection of each dwelling unit located on the parcel as provided in Section 5.91.080 and has complied with all other applicable laws, including payment of the Annual Rental Permit fees. No interior inspection shall take place without the consent of the owner, their authorized representative, or tenant, unless the Building Inspector or their designee has an inspection warrant or upon exigent circumstances. Landlords may also self-certify and accept all liability that their property is in compliance with the City’s housing and property maintenance standards by completing the City’s Self-Certification Checklist. The Annual Rental Permit shall not be transferable. Upon property ownership change, the Annual Rental Permit issued to the prior Property Owner shall be null and void and such Annual Rental Permit file shall be closed. New Property Owners must make application for the required Annual Rental Permit within 30 calendar days of taking ownership of rental property(ies). Licenses will be backdated to the first day of the month in which ownership is recorded with the County of San Bernardino.
Sec. 5.91.060:
Owner's Authorized Representative
(a) For purposes of this article, all owners of Rental Property shall designate a local authorized representative with full authority to act on behalf of the owner for all purposes under this article, including the acceptance of service of all notices from the city. An original copy of the authorization must be submitted to the City, signed by the Property Owner and be either notarized or accompanied by a copy of the Property Owner's identification.
(b) All owners of Rental Property (ies) must establish and maintain, at all times, a working telephone number and a current address of residence. Any designated local authorized representative must establish and maintain, at all times, a working telephone number and a residence or business address within fifteen 15 miles of any of his/her designated Rental Property(ies). The owner of Rental Property (ies), their local authorized contact representative, or tenant shall be accessible to the City through the provided telephone number(s) 24 hours a day, 7 days a week.
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Packet Pg. 1062 Attachment: Updated Rental Registration Ordinance 06-09-2022 (5058 : Ordinance No. ____-2022 - Amending Annual Rental Property Inspection Sec. 5.91.070:
RESERVED
Sec. 5.91.080:
Initial and Annual Inspection
(a) As a condition of exercising the privilege of renting or teasing a Rental Property to any person and/or entity, the Owner of any dwelling unit considered Rental Property per this Code which is located in the City shall register with the City for an Annual Rental Permit.
(b) All dwelling units that are considered Rental Property per this Code which are located in the City shall be subject to an initial inspection upon submittal of an Annual Rental Permit application, and an annual inspection thereafter by the Building Official or his/her designee for compliance with all applicable laws. The intent of the inspections shall be limited to the scope stated in section 5.91.020 to verify compliance with the Barstow Municipal Code and/or California Building Code and/or California Fire Codes in regard to housing, building, land use, and property maintenance codes (c) If the Owner of Rental Property fails to register or reregister such units in compliance with this Chapter, the Building Official shall register or reregister said units in the name of the owner and set a date and time for initial inspection of said units, and shall send written notification to the Owner that the property has been so registered and advising of the date and time set for inspection, accompanied with a bill for the registration/processing fee and the total initial inspection fee for each unit, and include information on the self-certification program.
(d) The City will mail out a notice of inspection along with a checklist the City will use on the inspection no less than thirty (30) calendar days prior to the expiration of the Annual Rental Permit.
(e) The City's designated personnel shall conduct an exterior and interior site inspection of each Rental Property prior to the initial issuance of an Annual Rental Permit or prior to the annual issuance of a renewal Annual Rental Permit, unless specifically indicated elsewhere. The scope of the inspection shall include, but is not limited to:
(1)Exterior property maintenance and cleanliness
(2)Landscape maintenance in accordance with the Barstow Municipal Code; (3)Land use such as off-street parking requirements, storage of inoperative vehicles and accessory structure and uses related to unpermitted business; (4)Maintenance and upkeep of the primary structure such as windows, paint, stucco, weather protection, roof and other architectural features and accessory structures such as sheds, cabanas, trash enclosures, etc.
(5)An interior inspection to ensure compliance with this code, as well as the Barstow Municipal Code, California Residential Code and the Uniform Building Code. No interior inspection shall take place without the consent of the owner, their
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Packet Pg. 1063 Attachment: Updated Rental Registration Ordinance 06-09-2022 (5058 : Ordinance No. ____-2022 - Amending Annual Rental Property Inspection authorized representative, or tenant, unless the Building Inspector or their designee has an inspection warrant or upon exigent circumstances (f) Annual Rental Permit Initial Application and Annual Renewal Inspections: a Rental Property seeking either an initial or annual renewal Rental Permit shall require an inspection conducted within thirty (30) calendar days after the submittal of an Annual Rental Permit application or within thirty (30) days of expiration of the Annual Rental Permit and one compliance re-inspection conducted within fourteen (14) calendar days after a failed initial compliance inspection. Any violation found after the compliance re-inspection or by a valid tenant complaint shall be enforced in accordance with Barstow Municipal Code or the adopted California Building and/or Fire Codes. Additionally, any re-inspections conducted after two (2) will be charged an Annual Rental Permit re-inspection fee as per the City's adopted Master Fee Schedule.
(g) Notice of Annual Rental Permit Renewal Inspection.
(1)Prior to an Annual Rental Permit expiration, an Annual Rental Permit renewal notice will be sent to the Property Owner:
(2)Said renewal notice will be mailed by first class mail to the Owner at the Owner's last known address as it appears in the Rental Annual Permit records. In the case of multiple Owners of the same Rental Property, notice to anyone of the Property owners is sufficient notice.
(3)In the event an Owner, Owner's Authorized Representative or Tenant in possession of the Rental Property refuses to allow access to conduct the exterior or interior inspection, City personnel and the City Attorney may use all legal remedies to ensure that an inspection is conducted as required by this Article. (4)The City's Building Department will make reasonable arrangements to inspect the interior of the property with the owner or authorized representative’s consent during reasonable times.
(h) After completion of the initial or annual renewal inspection for the Annual Rental Permit, where the Rental Property fails the inspection due to having violation(s) on the property, the City shall provide a copy of the written report to the owner or the Owner's Authorized Representative upon conclusion of the inspection. The report shall contain:
(1)An itemization of any violation(s) of the applicable laws identified during the inspection.
(2)The period of time given for correcting each of the identified violation(s). (3)Notice that the City will re-inspect the Rental Property at the end of the period of time for correction.
(4) A statement that if the violation(s) are found to be out of compliance during the reinspection, the City will not issue the Annual Rental Permit provided under Section
5.91.050 of this Code, and the City may pursue any legal remedies available to it, whether from this Code or any other applicable law, in order to abate said violations (i) After completion of a failed initial Annual Rental Permit inspection or a failed annual renewal Annual Rental Permit re-inspection, a report listing the violations shall be
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Packet Pg. 1064 Attachment: Updated Rental Registration Ordinance 06-09-2022 (5058 : Ordinance No. ____-2022 - Amending Annual Rental Property Inspection provided to the property owner and the tenant. The database shall reflect the failed re-inspection and the matter shall be enforced under the Barstow Municipal Code to include Titles 1, 6 and 15, although not excluding any portion of said Code. (j) If no violations are found as a result of an initial or annual renewal inspection or reinspection, the report and database shall state so, and the City shall issue the Annual Rental Permit to the owner. All inspection reports shall be available as a public record upon request.
(k) A site that has had no violations for two (2) consecutive years may be eligible for an automatic extension of the annual Certificate of Compliance. The annual fee will be reduced by fifty (50) percent of the fee as based upon the fee schedule as adopted by the City Council. An eligible extension may only be issued one time before another inspection is issued. If, after the initial two years with no violations the property shall be eligible to be inspected at two (2) year intervals. Upon a validated complaint, or a violation within the required inspection, the automatic extension shall cease until another two (2) years of annual inspections occurs with no violations.
The fifty percent reduction will only apply to non-inspection years.
Sec. 5.91.090:
Certificate of Compliance
(a) Owners of all residential rental units shall obtain and maintain a valid and current certificate of compliance. All residential rental units that do not have a certificate of compliance, and their owners, shall be in violation of this ordinance. (b) A certificate of compliance shall be issued for all residential rental units upon completion of the following:
(1) The residential rental unit property has been inspected an approved by the Building Official or designee.
(2) Any existing code violations have been corrected and/or repaired with proper permits and inspections.
(3) The repair request form and maintenance request log is complete and approved by the Building Official. On properties with an on-site manager's unit or a management office, the maintenance request log shall be maintained at that location. On properties with no on-site manager's unit or management office, it shall be maintained at a location designated by the Building Official. The maintenance log shall at all times be available for review when requested by the Building Official or designee.
(4) The residential rental unit property is posted as follows:
(i) 1-4 Units - A property management posting a sign as defined in Section
5.91.030, above shall be posted in a prominent outdoor location and in a manner approved by the Building Official. If the property owner as a private individual manages the unit(s), no posting is required. However, contact information must be identified on the registration application.
Any change in contact information shall be made within thirty (30) days of the change. Failure to update the contact information shall be considered a violation of this code.
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Packet Pg. 1065 Attachment: Updated Rental Registration Ordinance 06-09-2022 (5058 : Ordinance No. ____-2022 - Amending Annual Rental Property Inspection (ii) 5 or more units - The onsite manager unit or management office, if any, shall be identified in a manner approved by the Building Official. A property management posting sign as defined shall be posted in a prominent outdoor location and in a manner approved by the Building Official.
(5) All residential rental unit registration and inspection fees are paid in full. (6) A current complete registration application is on file with the Building Official. (c) Issuance of a certificate of compliance shall not constitute a guarantee or warranty of the habitability or complete compliance with the city housing and property maintenance standards, including but not limited to, the California Residential Code, Uniform Building Code and local codes, and the occupant of any residential rental unit shall not rely on the Certificate of Compliance as such a guarantee or warranty. The Certificate of Compliance shall contain a notice to this effect. The city shall not assume any liability to any person by reason of the inspections required by this chapter or the issuance of a Certificate of Compliance. Certificates of compliance shall expire on the expiration date shown on the Certificate and shall be renewed prior to such date. The Building Official shall determine the expiration dates of Certificates of Compliance and inspection frequency based upon the nature of violations found during the residential rental unit inspections, the following registration and inspection frequency schedule, in conjunction with his review of past compliance violations within the preceding twelve months
Registration and Inspection Frequency Schedule
Single Family or Detached
• New Construction - Certificate of Occupancy issued within the preceding six months:
No registration fee
One year
• Conversion of Existing Unit(s):
Registration fees at one hundred percent.
One year
• No Violations:
Registration fees due as prescribed in the Master Fee Schedule. Each year.
After two years of no violations, inspections may be extended to two years.
Registration fee may be reduces by fifty percent.
• Violations:
Registration fees at one hundred percent.
One year
Multiple Family - Three units and above
• New Construction or Conversion of Existing Units - Certificate of Occupancy issued within the preceding six months:
Registration fees at one hundred percent.
One year
• No Violations:
Registration fees due as prescribed in the Master Fee Schedule.
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Packet Pg. 1066 Attachment: Updated Rental Registration Ordinance 06-09-2022 (5058 : Ordinance No. ____-2022 - Amending Annual Rental Property Inspection Each year. After two years of no violations, inspection may be extended to two years. Registration fee may be reduced by fifty percent. • Violations:
Registration fees at one hundred percent.
One year
Sec. 5.91.100:
Re-registration and Certificate of Compliance Renewal
The owner of a residential rental unit shall apply and pay all required fees not less than thirty (30) days prior to the scheduled expiration of the certificate of compliance. The owner of a residential rental unit property shall re-register and meet all the requirements and pay all fees as for a new certificate, except as outlined in Section 5.91.090 above.
Upon re-registration, inspection and the issuance of a new certificate of compliance, the Building Official in the exercise of his discretion may grant a frequency upgrade to extend the inspection frequency for no more than two years, after two or more years of consecutive inspections with no violations.
Sec. 5.91.110:
Re-inspection Process to Renew a Certificate of Compliance The owner shall make available all residential rental units for inspection within ten working days of the Building Official's request. The Building Official in his discretion may require inspections by other city departments and/or San Bernardino County enforcement agencies, including but not limited to the County Health Department and Barstow Fire Department. According to the inspection frequency of the property, the Building Official may, but is not required to, randomly select the following percentage of units for inspection:
(a) Two-year inspection frequency - Inspection of 10-40% of the units on the property for the initial inspection. If recurring or major violations are found during the initial inspection, then additional units will be inspected. Any major violations found will result in an inspection of 100% of all units. The site may also default back to a one-year inspection schedule at the discretion of the Building Official. (b) One year inspection frequency – Inspection of 50-60% of all units on the property for the initial inspection. If recurring or major violations are found during the initial inspection, then additional units will be inspected. Any major violation found will result in 100% inspection of all units.
Sec. 5.91.120:
Violations
(a) Whenever the Building Official or his/her designee determines that a violation of this Article exists, designated City personnel shall issue a notice of violation and provide an order to correct the violation(s) located at the Rental Property. The notice shall be provided (1) by hand delivery or U.S. mail to the Owners or Owner's
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Packet Pg. 1067 Attachment: Updated Rental Registration Ordinance 06-09-2022 (5058 : Ordinance No. ____-2022 - Amending Annual Rental Property Inspection Authorized Representative, and (2) either by mail or hand delivery to the Rental Property Tenant, or by posting said notice on the front door of Tenant's dwelling unit. Said notice shall be in writing and shall describe with reasonable detail the violation(s) so that the Property Owner has the opportunity to identify and correct any identified violation. Any person who fails to comply with any provisions of this article after receiving written notice of the violation(s) and has been given a minimum of 14 days from the date of initial or re-inspection to correct such violation(s) shall be deemed to be in violation of this Article. (b) A violation of this article shall be enforced in accordance with Barstow Municipal Code Titles 1, 6 and 15, although not excluding any portion of said Code. The Building Department may also take action to suspend or revoke the Annual Rental Permit issued to the property owner if the property owner has failed to correct any or all violations.
(c) Any Rental Property which has been subjected to enforcement actions under Barstow Municipal Code Titles 1, 6 and 15, although not excluding any portion of said Code, and has continued to fail to comply with this Code, including any Rental Property maintenance requirements, and any state or local law relating to housing standards, property maintenance, building codes, or land use requirements, shall be considered a public nuisance and subject to abatement procedures as set forth in Chapters 6.28 and 6.30 of the Barstow Municipal Code. (d) Violations of this Chapter shall be treated as a strict liability offense regardless of intent. Any person, firm and/or corporation that violates any portion of this Chapter shall be subject to prosecution under this Chapter, Barstow Municipal Code Titles 1, 6 and 15, and/or Section 11570 et. seq. of the California Health and Safety Code (Drug Abatement)
(e) The City may also utilize the provisions of the Revenue and Taxation Code Section 24436.5 to encourage the elimination of substandard conditions in rental housing.
The City is also authorized to bring an action under the Business and Professions Code for unfair business practices
(f) In an action, administrative proceeding, or special proceeding to abate a violation of this Chapter, the prevailing party may recover Attorneys' fees pursuant to Government Code Section 38773.5. Recovery of Attorneys' fees is limited to those individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own Attorneys' fees. An award of Attorneys' fees to a prevailing party shall not exceed the amount of reasonable Attorneys' fees incurred by the City in an action, administrative proceeding, or special proceeding.
(g) The remedies provided in this section are in addition to the remedies and penalties available under this Code, and all other laws of this state.
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Packet Pg. 1068 Attachment: Updated Rental Registration Ordinance 06-09-2022 (5058 : Ordinance No. ____-2022 - Amending Annual Rental Property Inspection Section 5.91.130:
Complaint Based Inspections
Nothing contained in this article shall prevent or restrict the City's authority to inspect any Residential Rental Property in response to a complaint alleging Code violations or violations of any other applicable laws, or to pursue all remedies available under this Code or applicable laws. If a complaint is validated by a complaint-based inspection, the residential rental inspection frequency may, at the Building Officials discretion, be reduced to a one year inspection.
Section 5.91.140:
Expired Certificate of Compliance
(a) This chapter is not intended to and shall not be construed to limit in any way the remedies available to the City to prosecute or abate public nuisances or violations of the City's property maintenance standards, the California Residential Code and/or Uniform Building Code. Upon expiration of a certificate of compliance the city may proceed with any remedy permitted by law or equity to abate the violations or prosecute the owner and/or responsible party.
(b) Upon termination or expiration of a certificate of compliance, the Building Official shall not re- issue a new certificate of compliance until all of the following conditions are met:
(1) All violations must be repaired and inspected;
(2) All costs and fees due for enforcement actions shall be paid to the city; (3) New registration and fees shall be filed and paid;
(4) Re-inspection shall be completed for all residential units on the property.
Certificate of compliance issued after being terminated or expired for any reason shall automatically be scheduled for one-year inspection frequency. (c) Certificate of compliance issued after being terminated or expired for any reason shall automatically be scheduled for one-year inspection frequency.
Section 5.91.150:
Failure to Pay Fees
Should a property owner fail to pay the Annual Rental Permit fee within 15 days after the expiration date on the Annual Rental Permit, they shall be accessed penalties and interest as per Section 5.04.080 of the Barstow Municipal Code. In addition, any cost recovery fee or administrative fine related to the enforcement of and compliance with this article shall be a debt to the City and shall be enforced in accordance with Titles 1, 6 and 15 of the Barstow Municipal Code. Any Annual Rental Permit fee more than 15 days late shall be considered expired and shall be subject to Section 5.91.120 above.
Section 3. Severability
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a
20.a
Packet Pg. 1069 Attachment: Updated Rental Registration Ordinance 06-09-2022 (5058 : Ordinance No. ____-2022 - Amending Annual Rental Property Inspection court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.
Section 4. CEQA Exemption
The adoption of this Ordinance and the implementation of the regulatory programs of this Ordinance do not require further review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15301, in view of the fact that the regulatory programs are hereby enacted, apply to existing structures and buildings and are intended to provide for continuous and appropriate maintenance and protection of such structures and buildings for so long as the structures and buildings may remain unoccupied or vacant.
Section 5. Effective Date
This ordinance shall take effect January 1, 2023.
Section 6. Repeal of Conflicting Provisions
All the provisions of the Barstow Municipal Code as heretofore adopted by the City of Barstow that are in conflict with the provisions of this ordinance are hereby repealed.
Section 7. Certification.
The City Clerk of the City of Barstow is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published as required by law.
PASSED, APPROVED and ADOPTED this 18th day of July, 2022. ________________________________
Paul Anthony Courtney, Dr. B.A., Mayor
ATTEST:
________________________________
Andrea Flores, City Clerk
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Packet Pg. 1070 Attachment: Updated Rental Registration Ordinance 06-09-2022 (5058 : Ordinance No. ____-2022 - Amending Annual Rental Property Inspection APPROVED AS TO FORM:
________________________________
Matthew T. Summers, City Attorney
I, Andrea Flores, City Clerk for the City of Barstow, California, and ex-officio Clerk of the City Council, do hereby certify under penalty of perjury that the foregoing is a true and correct copy of Ordinance No. XXX-2022, which was introduced at the regular meeting of the City Council of the City of Barstow held on the 20th day of June, 2022, and adopted at the regular meeting of the City Council of the City of Barstow on the 18th day of July, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Andrea Flores, City Clerk
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Packet Pg. 1071 Attachment: Updated Rental Registration Ordinance 06-09-2022 (5058 : Ordinance No. ____-2022 - Amending Annual Rental Property Inspection Joint Special Council/BFPD
06/20/22 07:00 PM
City Manager Department
Willie A Hopkins
Resolution
Doc ID: 5052
AGENDA ITEM
AGENDA MATTER:
AMENDMENT TO THE CITY COUNCIL RULES FOR THE CONDUCT OF ITS MEETING PROCEEDINGS AND BUSINESS AND REPEALING RESOLUTION 4647-2011 EXECUTIVE SUMMARY:
The City Council is asked to consider changing the Order of Business for regular, adjourned or special meetings as outlined in Section II of the proposed resolution.
DISCUSSION:
The City Council is asked to consider changing the Order of Business for regular, adjourned or special meetings as outlined in Section II of the proposed resolution. The City Council is being asked to adopt Resolution ____-2022 which updates the City Council's Order of Business.
FISCAL IMPACT:
None
RECOMMENDED ACTION:
Adopt Resolution No. _____-2022 and waive the full reading. 21 Packet Pg. 1072