Members of the public may address the City Council on any item shown on the agenda or matter of the Council’s authority after completion of “Request to Address the Council Form” available in the lobby of the Council Chambers. This form must be completed 15 minutes prior to the scheduled meeting time.
Pursuant to Section 54957.5 of the California Government Code, Any writings (Except for those writings which are exempt from disclosure) which are distributed to all or a majority of the members of the City Council are available for public inspection in the lobby of the City Council Chambers and in the office of the City Clerk during regular business hours.
COMPTON CITY COUNCIL
AGENDA
03/15/2022
5:30 PM
Closed Session 4:30 P.M.
Public Meeting 5:30 P.M.
CITY COUNCIL CHAMBERS
205 SOUTH WILLOWBROOK AVENUE
COMPTON, CALIFORNIA 90220
OPENING
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMENTS ON CLOSED SESSION AGENDA ITEMS
(Persons wishing to address the City Council on the Closed Session items may do so at this time.
Comments are limited to one (1) minute per speaker and shall be limited to Closed Session agenda items)
-2- City Council Agenda
3/15/2022 5:30 PM
CLOSED SESSION – 4:30 p.m.
CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
Briana Smith, et al. v. City of Compton, LASC Case No. 18STCV01917 George Baldwin v. City of Compton, LASC Case No. 18STCV00656 Pursuant to Government Code Section 54856.9(a)
RECESS TO CLOSED SESSION
OPENING
PUBLIC MEETING – 5:30 P.M.
REPORT ON CLOSED SESSION ACTION(S)
COMMENDATORY RESOLUTIONS/PRESENTATIONS
1. COMMEMORATIVE RESOLUTION - " AWARD OF EXCELLENCE" Dr. Eugene Allen, M.D. (Mayor Emma Sharif)
PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS
CONSENT AGENDA
Consent items are routine and expected to be non-controversial. They will be acted upon by the Council at one time without discussion unless a Council Member requests an item be removed or discussed.
APPROVAL OF MINUTES
2. FEBRUARY 15, 2022
WATER DEPARTMENT
3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER FOR PAYMENT OF
WATER SYSTEM ANNUAL FEES TO THE STATE WATER RESOURCES
CONTROL BOARD ($38,889.22)
-3- City Council Agenda
3/15/2022 5:30 PM
REGULAR AGENDA
CITY MANAGER'S REPORT
4. A LETTER OF SUPPORT FOR THE RESTORATION OF EMILY HART
HOLLIFIELD NAME ON THE COMPTON COLLEGE LIBRARY
5. PRESENTATION - COMPONENTS OF PENSION AND OTHER POSTEMPLOYMENT BENEFITS LONG TERM LIABILITY - (City Controller)
6. POWER POINT PRESENTATION - HOMELESS SERVICE PROVIDER UPDATE - Homeless Outreach Program Integrated Care System (HPOICS)
7. POWER POINT PRESENTATION - GENERAL PLAN UPDATE AND MIG PROPOSAL - Community Development Department
NEW BUSINESS
8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON SUPPORTING WOMEN’S HISTORY MONTH IN MARCH
9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT AND
ISSUE A PURCHASE ORDER TO FIRETRUCKS UNLIMITED FOR THE
PURCHASE OF ONE (1) 2021 DODGE RAM 3500 DIESEL TYPE 1 AMBULANCE REMOUNT ($124,964.00)
10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON TO
RECEIVE AND FILE A DONATIONS POLICY
11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON TO
ADOPT A FISCAL SUSTAINABILITY PLAN
12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON TO
RECEIVE AND FILE INTERNAL CONTROL POLICIES RELATING TO
BUDGETING AND GRANT MANAGEMENT PRACTICES
13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON TO
RECEIVE AND FILE INTERNAL CONTROL POLICIES RELATING TO GENERAL
ACCOUNTING, BANK RECONCILIATION, AND CAPITAL (FIXED) ASSET
PRACTICES
COUNCIL COMMENTS
ADJOURNMENT
NEXT REGULAR MEETING: 3/22/2022 @ 5:30 PM
Visit our website at http://www.comptoncity.org
FEBRUARY 15, 2022
The Compton City Council Closed Session meeting was called to order at 4:35 p.m. by Mayor Emma Sharif. The Moment of Silence Ceremony and the Pledge of Allegiance was also led by Mayor Sharif.
ROLL CALL
Council Members Present – J. Bowers, L. Darden, Mayor E. Sharif Council Members Absent – M. Chambers, I. Galvan (Both entered during closed session.)
Other Officials Present: E. Perrodin, A. Godwin, B. Mims, R. Simpson
CLOSED SESSION AGENDA ITEM
CONFERENCE WITH LEGAL COUNSEL
Urban Graffiti Enterprises, Inc. v. City of Compton, LASC Case No. 19PSCV00135 and Michael Fletcher, et al. v. City of Compton, LASC Case Number BC670866 - Pursuant to Government Code Section 54856.9(a)
PUBLIC COMMENTS REGARDING CLOSED SESSION AGENDA ITEMS ONLY There were no audience comments.
City Attorney Eric Perrodin requested a closed session for a conference with legal counsel regarding Urban Graffiti Enterprises, Inc. v. City of Compton, LASC Case No. 19PSCV00135 and Michael Fletcher, et al. v. City of Compton, LASC Case Number BC670866 - Pursuant to Government Code Section 54856.9(a).
On motion by Darden, seconded by Bowers, the City Council approved the closed session by the following vote on roll call:
AYES: Council Members – Bowers, Darden, Sharif
NOES: Council Members – None
ABSENT: Council Members – Chambers, Galvan
RECESS TO CLOSED SESSION
On motion by Darden, seconded by Bowers, the City Council voted to recess to closed session at 4:36 p.m. by the following vote on roll call:
AYES: Council Members – Bowers, Darden, Sharif
NOES: Council Members – None
ABSENT: Council Members – Chambers, Galvan
RECONVENE TO OPEN SESSION
On motion by Galvan, seconded by Darden the Council reconvened at 5:35 p.m. by the following roll call vote:
Council Members Present: Chambers, Galvan, Darden Bowers, Sharif Council Members Absent: None
REPORT OUT OF CLOSED SESSION
City Attorney Perrodin reported that there was no reportable action taken by the City Council during the closed session.
2. PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS Pastor Willie Rollins informed the City Council that the potholes were filled on his street, however, the work performed by the crew was inadequate. Pastor Rollins indicated that the proper equipment was not used, as the gravel was poured, and the workers simply rolled over the pavement with their vehicle tires while talking and laughing and seemed unconcerned regarding the quality of their work. Pastor Rollins suggested that the City provide better supervision and quality control to ensure that the workers do a better job for the City of Compton.
Richard Earl read a letter from Mr. and Mrs. Taylor thanking Councilmember Bowers and City Manager Simpson for cleaning up the area near the Compton Creek from Alondra to Compton and added that Mr. Carl Steele and his crew were very professional and courteous and further requested that the City keep the cleaning momentum going. Mr. Earl invited the City Council to attend the Black History Celebration hosted by the Concerned Citizens of Compton and the 125 Historical Society at the Dollarhide Community Center on February 19, 2022, from 3:00 p.m. to 6:00 p.m.
Marjorie Shipp raised concerns that permit parking was removed by a previous City Manager in 2019 without notifying the residents of the community. Ms. Shipp requested that the current City Manager locate the paperwork concerning permit parking and consider renewing or reinstating permit parking in the Richland Farms area as well as other areas of Compton.
Maria Villareal, CEO Latino Chamber of Commerce, welcomed a new Notary service as a new member of the Latino Chamber of Commerce. Ms. Villareal indicated that the Notary also is a Tax Preparer, and she can be reached at (424) 785-5926. Ms. Villareal indicated that she has a passion for the small businesses, as they are the backbone of the community and noted that she will continue to assist. Ms. Villareal made reference to a brochure illustrating the small businesses and their services in the City and requested that such a brochure once again, be made available to the residents and businesses.
Joyce Kelly commented that she is very disturbed about what is happening in Compton.
Ms. Kelly accused the Mayor of dividing the City and urged the Council to turn the City around and eradicate the illegal marijuana shops with the assistance of Code Enforcement and the Sheriff’s Department. Ms. Kelly then requested that the City Council work together to improve the City of Compton.
DeShon Showtime announced that Comptonmania will take place on May 14, 2022, to provide an opportunity for the Compton vendors, businesses and residents to showcase their products and bring back Compton pride. Mr. DeShon indicated that Compton is a beautiful City which must let the World know about the talents of the City and further invited everyone to visit [email protected] or call: (562) 277-7253 for additional information.
Gilda Blueford commented that in 1984 Los Angeles hosted the Olympics and Compton indicated that the entire City of Compton rose to the occasion. Thirty-eight years later, Compton had the same opportunity, however, the City dropped the ball, by not cleaning and sprucing up Compton to prepare for the many visitors who came into the City. Ms. Blueford indicated that people from all over the World came to Compton and it was embarrassing and disappointing to see that the City was not properly prepared. Ms. Blueford further questioned when the City would hire a new City Manager and also questioned why the Taxpayer Oversight Committee has not submitted any quarterly reports to the residents. Ms. Blueford concluded by urging the City Attorney to look into the whereabouts of the diverted $135,000 Planning money from 2016.
Craig Henry raised concerns regarding the need to improve the infrastructure of the City and indicated that it is important that the City administration keep their word to make improvements.
Mr. Henry thanked City Manager Simpson for his assistance and further stated that the City of Compton is a landlord with rental agreements that must be honored and further requested the City Council’s assistance with improving the condition of the buildings maintained by the City of Compton.
Missy Barber commented that the United Hands organization is once again, requesting assistance with the parking tickets their service vehicle received, while providing food and goods to the residents of Compton. Ms. Barber raised concerns that the issues and requests submitted by the residents of the community are not being addressed by the City Council. She further commented that the Mayor must lead by example and not ridicule certain members of the City Council. Ms.
Barber then urged the City to require City workers to conduct themselves in a professional manner and properly repair the streets.
Lynn Boone commented that Mayor Sharif is the Chairperson and also raised concerns that the City Council should act as policy makers. She further explained that by setting policies, the Council can make corrections or improvements which can become law. Ms. Boone raised concerns that the residents do not receive responses or solutions to their concerns and issues when they bring them forward at the City Council meetings. Ms. Boone alleged that the City Manager is not a professional and not qualified for the position and he was only supposed to be temporary and should not be allowed to retire in his current position. Ms. Boone raised concerns regarding agenda item Number 9 and urged the City Council to pull this item from the City Council agenda.
Fidel Marquez raised concerns regarding the need to improve the infrastructure of the City. Mr.
Marquez indicated that there is a problem with District 1 and the construction developments provided by the Olson Company and added that residents near the construction location have had brown water for the last two weeks and the bug infestation is getting worse by the day.
Mr. Marquez then noted that the residents do not want the development in the area, and added that the developer, KBK is currently being sued by the Marriott and Hilton Hotels. Mr. Marquez concluded by emphasizing that the City must require the Compton Sheriffs to do their job and combat the illegal vehicle street takeovers, and further urged the City Council to upgrade and improve the City of Compton.
SPECIAL PRESENTATION TO YOUTH BUILD
The Mayor and City Council presented commendations to Sarah Silvers, the Compton Youth Build and Chef Mario Morales of Impactful Bites and his Students for excelling in the culinary arts and also for providing culinary delights to the Seniors at the 2022 St. Valentine’s Day Luncheon.
The Mayor and City Council also presented flower arrangement to all the liaisons that assisted the City Councilmembers.
CONSENT AGENDA
APPROVAL OF MINUTES
1. JANUARY 18, 2022 (Approved)
CITY FIRE DEPARTMENT
2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON DECLARING SIX (6) FIRE DEPARTMENT AGED OUT FIRE ENGINES AS
SURPLUS PROPERTY AND AUTHORIZING THE DONATION OF SAID
VEHICLES TO BIT PROS FIRE SERVICE TRUCK AND AMBULANCE REPAIR (Approved Resolution Number 25,607)
CITY MANAGER
3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO THE
CALIFORNIA CITIES FOR SELF-RELIANCE JOINT POWERS AUTHORITY FOR ANNUAL FUNDING CONTRIBUTION ($30,000) (Approved Resolution Number 25,608)
PUBLIC WORKS DEPARTMENT
4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE ORDER
TO THE UNIFIRST UNIFORM COMPANY TO PROVIDE UNIFORMS FOR THE
PUBLIC WORKS STREET MAINTENANCE DEPARTMENT - PARKS
MAINTENANCE DIVISION IN AN AMOUNT NOT TO EXCEED ($7000) (Approved Resolution Number 25,609)
On motion by Chambers, seconded by Darden, the consent agenda was approved by the following vote on roll call:
AYES: Council Members – Chambers, Galvan, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
REPORTS OF OFFICERS, BOARDS, COMMISSIONS AND COMMITTEES AND CITY
COUNCIL
5. APPOINTMENT(S) OF OFFICERS, COUNCIL MEMBERS,
BOARDS/COMMISSIONS AND COMMITTEES
DESIGNATION OF VOTING DELEGATES AND ALTERNATES -
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
(SCAG) ANNUAL GENERAL ASSEMBLY (MAY 5-6, 2022)
Mayor Sharif nominated Councilmember Chambers to serve as the appointee to the Southern California Association of Governments and appointed Councilmember Darden as the alternate.
On motion by Galvan, seconded by Chambers, Councilmembers Michelle Chambers and Lillie Darden were appointed to the Southern California Association of Governments by the following vote on roll call:
AYES: Council Members – Chambers, Galvan, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
6. ABOLISHMENT AND OR CREATION
OF BOARDS/COMMISSIONS/COMMITTEES
It was moved by Galvan, seconded by Chambers, for discussion.
City Clerk Alita Godwin explained that on October 5, 2021, the City Council voted to remove all commissioners with expired terms. This action created complete vacancies on all boards/commissions/committees. City Clerk Godwin then indicated that it is the Council’s decision relative to which boards/committees/commissions they would like to abolish, with the exception of the Personnel Board, Planning Commission, Parks and Recreation Commission and Compton Taxpayers Committee (Measure P).
City Attorney Eric Perrodin indicated that only the Personnel Board, Planning Commission, Parks and Recreation and the Measure P Commission are in the Charter and the other boards, committees and commissions were established by ordinance over the years. Attorney Perrodin then indicated that the City Council has the authority to re-constitute the various boards, commissions, and committees with members to serve.
Councilman Bowers commented that he would like to move forward with appointments to all of the boards, committees and commissions.
Councilman Galvan offered a motion to keep all the boards, committees and commissions.
City Clerk Godwin indicated that any appointments to the committees and commission must be placed on the City Council agenda for consideration.
Councilmember Darden indicated that she is not in favor of abolishing all of the boards, committees and commissions, adding that some community members have expressed desire to volunteer their time to serve, such as the Block Club Commission and the Beautification Committee.
City Clerk Godwin noted that there is no need to present a motion since all the boards, committees and commissions are still established, and added that the City Council only needs to make appointments. City Clerk Godwin then indicated that she would provide the City Council with a list explaining the function and duties of the various boards/committees/commissions.
Mayor Sharif requested that the City Manager identify grant funding sources to allow the appointees the necessary funding to adequately fulfill their duties.
CITY MANAGER’S REPORT
7. LEGISLATION UPDATE REPORT - Caliph & Mel Assagai, California Policy Solutions (Re-scheduled to February 22, 2022)
8. PRESENTATION - DISCLOSURES IN AUDITED FINANCIAL STATEMENTS REGARDING PENSION AND OTHER POST-EMPLOYMENT BENEFITS (City Controller) (Rescheduled to February 22, 2022)
NEW BUSINESS
9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A THIRD
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH AND
ESTABLISH A PURCHASE ORDER FOR INTERWEST CONSULTING GROUP
TO PROVIDE ON-CALL CIVIL AND TRAFFIC ENGINEERING SERVICES ($343,520)
It was moved by Galvan, seconded by Chambers, for discussion.
Councilman Bowers raised concerns that this item has been going on for a while and he has never seen a report of anything accomplished. Councilman Bowers suggested that the funding be used for the return of the various committees and commissions.
Councilman Galvan commented that this is the third amendment to the contract and questioned how much money has been paid to this company thus far. City Manager Simpson replied that he did not have the exact total for the amendments, however, he would investigate and report back to the Council. Councilman Galvan then suggested that the item be brought back with the total amount paid to the company, prior to voting on the amendment. Councilman Galvan then withdrew his motion.
Councilmember Chambers offered a motion to approve the item and Mayor Sharif (who stepped from the Chair) to offer a second to the motion.
Councilmember Darden raised concerns regarding the amendment and further suggested that the item be brought back before the Council, along with the pertinent information requested by the Council and the community.
Councilman Bowers agreed and further requested that Staff provide details of the work performed and the associated costs.
Councilmember Chambers withdrew her motion and Mayor Sharif withdrew her second.
COUNCIL COMMENTS
City Clerk Alita Godwin wished her Godmother, Dorothy “Mom” Kelley a very Happy 101st Birthday and Cora Walker a Happy 95th Birthday.
Councilmember Chambers offered the following communications/announcements:
Thanked everyone involved with the wonderful Senior Valentine’s Day Luncheon and particularly thanked all the City Council’s Liaisons for their tireless work and dedication to serving the residents.
Requested that the City Manager look into acquiring the assistance of the Compton Sheriffs in removing the illegally parked vehicles along El Segundo Blvd. Commented that the City’s website must be updated with current information for the businesses and residents of the community.
Requested that the City Manager make certain that all City properties that are being leased out are properly maintained and up to the proper leasing standards. Requested that the Council meeting be adjourned in memory of Terry Moore and Dawn Yvette Coleman.
Councilmember Galvan offered the following communications/announcements:
Commented that he has received numerous complaints regarding the condition of the trash receptables at Cesar Chavez Park and requested that the trash bins be replaced as soon as possible.
Requested an update regarding the return of the gymnasium at Leuders Park to the residents.
Requested that the City Manager address the unsatisfactory condition of the old City Hall building and make the necessary repairs/corrections as soon as possible. Requested that the City Manager bring forth a resolution in support of Ms. Emily HartHolifield’s name being restored to the Compton Community College Library. Requested that the City Attorney review the issue of parking citations received by the United Hand’s nonprofit organization.
Commented on the success of NFL Superbowl Half-time Performers Kendrick Lamar and Dr. Dre and added that the City of Compton was well represented. (Councilman Galvan exited the meeting at 7:11 p.m.)
Councilmember Bowers offered the following communications/announcements:
Commented on the promotion of Compton during the Superbowl Half-time Performance and indicated that the City should have been better prepared to receive visitors and the special focus placed on the City.
Commented that the Olympic Games are coming to Los Angeles and indicated that the City of Compton must improve its infrastructure and be prepared to offer tours, along with goods and other services to individuals visiting the City. Indicated that his Office will continue to work towards providing CERT (Community Emergency Response Team) training to all parties interested. Requested that the City Manager provide a centralized notification system in English and Spanish for the informational/educational benefit of the citizens.
Councilmember Darden offered the following communications/announcements:
Announced that she attended an event regarding New Alternative Fuel Fleet Vehicles and thanked Assistant City Manager Triphenia Simmons for coordinating the electric vehicle program.
Thanked the Mayor and Council and everyone involved with the hugely successful Senior Valentine’s Day Luncheon.
Announced that the Los Angeles Association of Black Personnel is hosting a career Webinar on February 18, 2022, from 9:00 a.m. to 12:00 noon. Requested that the City Manager provide an update regarding the repair of the Artesia Bridge.
Mayor Sharif offered the following communications/announcements:
Mayor Sharif suggested that the City Manager move forward with the street design services to ensure that the City will be able to obtain critical funding to complete the project.
Mayor Sharif announced that there will be a Black History Month celebration at the Compton Grocery Outlet, 2175 W. Rosecrans Avenue on February 19, 2022. Mayor Sharif announced that the Los Angeles County Department of Health is offering free in-home Covid-19 vaccinations---please call: 833-540-0473 for additional information.
Mayor Sharif thanked everyone involved with the wonderful Senior Valentines’ Day Luncheon at the Dollarhide Community Center.
Mayor Sharif announced that Compton Community College is offering free Covid-19 testing in the Student Health Center.
Mayor Sharif requested that the City Council meeting be adjourned in memory of Gertrude Jackson and Pastor Bobby Newman, Sr.
ADJOURNMENT
On motion by Chambers, seconded by Darden, the meeting was adjourned in memory of Patricia Ricket, Terry Moore, Dawn Yvette Coleman, Gertrude Jackson and Pastor Bobby Newman at 7:15 p.m. by the following vote on roll call:
AYES: Council Members – Chambers, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – Galvan
________________________________________ ___________________________________
CITY CLERK OF THE CITY OF COMPTON MAYOR OF THE CITY OF COMPTON March 15, 2022
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: MUNICIPAL WATER DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER FOR
PAYMENT OF WATER SYSTEM ANNUAL FEES TO THE STATE
WATER RESOURCES CONTROL BOARD ($38,889.22)
SUMMARY
Adoption of this resolution will authorize the City Manager to issue a purchase order for water system annual fees to the State Water Resources Control Board (SWRCB) in the amount of Thirty-Eight Thousand, Eight Hundred Eighty-Nine Dollars and Twenty-Two Cents ($38,889.22).
BACKGROUND
The State Water Resources Control Board’s (SWRCB) mission is to preserve, enhance and restore the quality of California’s water resources and drinking water for the protection of the environment, public health and all beneficial uses, and to ensure proper water resource allocation and efficient use, for the benefit of present and future generations.
To uphold this mission the SWRCB has established a series of regulations aimed at increasing total funding for California’s Drinking Water Program and addressing drinking water issues by charging public water systems an annual fee. While the fees are aimed at ensuring the SWRCB has adequate funding to implement the Program, the regulations could result in very significant fee increases for affected systems.
The SWRCB is promulgating the regulations pursuant to its authority under the Safe Drinking Water Act, which applies to all persons who supply water for human consumption, and meet the law’s definition of “public water system”. Senate Bill (SB 83) modified the SWRCB’s authority to impose annual operating fees on public water systems. Based on SB 83, the SWRCB’s regulations establish a fee structure based on each water system’s total number of connections.
3. Staff Report – SWRCB Water System Annual Fees
March 15, 2022, Page 2
STATEMENT OF THE ISSUE
A public water system is defined as a system that provides water for human consumption to 15 or more connections or regularly serves 25 or more people daily for at least 60 days out of a year.
The Compton Municipal Water Department is a public water system and legally distinct as a Community Water System that has over 13,000 connections and provides safe drinking water to its customers 24 hours a day, 7 days a week, 365 days a year.
Therefore, the Compton Municipal Water Department is obligated under legislation to pay the full amount of the annual water system fees to the State Water Resources Control Board, as prescribed in the Drinking Water Fee Regulations, Section 64300.
ALTERNATIVES
Staff does not recommend any alternatives.
FISCAL IMPACT
Funds in the amount of $38,889.22 are available in the Compton Municipal Water Department’s Fiscal Year 2021-2022 budget in Account No. 5000-90-0000-4262.
RECOMMENDATION
Staff recommends that Council adopt this resolution.
DON NGUYEN
GENERAL MANAGER
MUNICIPAL WATER DEPARTMENT
APPROVED FOR FORWARDING:
RONERICK SIMPSON
CITY MANGER
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER FOR
PAYMENT OF WATER SYSTEM ANNUAL FEES TO THE STATE WATER
RESOURCES CONTROL BOARD ($38,889.22)
WHEREAS, the State Water Resources Control Board’s (SWRCB) mission is to preserve, enhance and restore the quality of California’s water resources and drinking water for the protection of the environment, public health and all beneficial uses, and to ensure proper water resource allocation and efficient use, for the benefit of present and future generations; and
WHEREAS, the SWRCB has established a series of regulations aimed at increasing total funding for California’s Drinking Water Program and addressing drinking water issues by charging public water systems an annual fee; and
WHEREAS, the SWRCB is promulgating the regulations pursuant to its authority under the Safe Drinking Water Act, which applies to all persons who supply water for human consumption, and meet the law’s definition of a “public water system”. Senate Bill (SB 83) modified the SWRCB’s authority to impose annual operating fees on public water systems.
WHEREAS, the Compton Municipal Water Department is a public water system, and legally distinct as a Community Water System and therefore, is obligated under legislation to pay the annual water system fees to SWRCB, as prescribed in the Drinking Water Fee Regulations; and
WHEREAS, the funds for this expenditure are available in the Municipal Water Department’s Fiscal Year 2021-2022 budget in Account No. 5000-90-0000-4262.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the City Manager is hereby authorized to issue a purchase order to the State Water Resources Control Board for water system annual fees.
Section 2. That funds in the amount of Thirty-Eight Thousand Eight Hundred Eighty-Nine Dollars and Twenty-Two Cents ($38,889.22) are available in the Municipal Water Department’s Fiscal Year 2021-2022 budget in Account No.5000-90-0000-4262.
Section 3. That copies of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney and the Municipal Water Department.
Section 4. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this _____________ day of ______________, 2022. ________________________________
MAYOR OF THE CITY OF COMPTON
RESOLUTION NO. ________________
ATTEST:
____________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the __________ day of ____________________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERSABSENT: COUNCIL MEMBERS- ____________________________________
CITY CLERK OF THE CITY OF COMPTON
March 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A LETTER OF SUPPORT FOR THE RESTORATION OF EMILY
HART HOLLIFIELD NAME ON THE COMPTON COLLEGE
LIBRARY
SUMMARY
The item for consideration is a Letter of Support for the restoring of Emily Hart Hollifield name on the Compton College Library building.
STATEMENT OF THE ISSUE
At the December 21, 2021 City Council meeting, Councilmember Isaac Galvan requested the City Manager to prepare a Letter of Support for the restoring of Emily Hart Hollifield name to the Compton College Library.
FISCAL IMPACT
There is no fiscal impact associated with this item.
RECOMMENDATION
Staff seeks Council direction.
RONERICK D. SIMPSON
CITY MANAGER
4. March 15, 2022
Re: Letter of Support – Reinstate Emily Hart Hollifield’s name on Compton College Library Dear Honorable Compton College Board of Trustees:
As an elected member of the Compton City Council – District 2, I’m submitting this request as a Letter of Support to the Board of Trustees restore the name Emily Hart Hollifield on the Compton College Library building.
Mrs. Hollifield has been an active and influential member of the Compton community for over 60 years. Mrs.
Hollifield was responsible for establishing the first block club in Compton and the first Compton Hub City Area Republican group. Also, she served as the Educational Chair for the Compton chapter of the NAACP. Mrs.
Hollifield has been an advocate for education of our youth and job development and training for all Compton residents throughout her entire life of public service.
Mrs. Hollifield was the first woman to be elected to the Compton College Board of Trustees and served in that role for more than 20 years.
The College removed Mrs. Hollifield name from the library during the College’s 11-year period loss accreditation and campus-wide construction activities and projects. Since the removal, Mrs. Hollifield and numerous members of the community, in including Ms. Hollifield, have requested we her named be restored; however, those requests and attempts have been unsuccessful.
In conclusion, the City believes the Compton Library is an institutional landmark, and the City and Mrs. Emily Hart Holifield name should be restored on the building or another building on campus that will acknowledge and celebrate all of the her significant contributions’ to the College family and the residents of Compton.
Best Regards,
Isaac Galvan, District 2
Compton City Councilmember
March 15, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER’S OFFICE
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON SUPPORTING WOMEN’S HISTORY MONTH IN MARCH
SUMMARY
The City Manager request that the Council consider adopting a Resolution that will support Women History Month in March.
BACKGROUND
In March 1910 a German activist, Clara Zetkin, suggested that International Women’s Day be recognized as an international holiday at the International Conference of Working Women in Copenhagen, Denmark, and all 17 countries in attendance at the conference agreed.
In 1980, President Jimmy Carter declared the week of March 8th as National Women’s History Week. In his proclamation, he stated the achievements, leadership, courage, and strength of the women who built America was as vital as that of the men. The recognition was renewed by later presidents until 1987, when Congress designated March as Women’s History Month.
Throughout the month of March, Women’s History Month celebrates the contributions of women. It is a time to reflect on the courage of women of past generations and to celebrate how their efforts and bravery have afforded women the opportunities and freedom they have today.
STATEMENT OF ISSUE
Women’s History Month is a month-long observance recognizing all of women’s contributions and their vital roles that played throughout history.
FINANCIAL IMPACT
There is no fiscal impact resulting from adoption of this resolution.
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution.
RONERICK SIMPSON
CITY MANAGER
8. RESOLUTION NO. ___________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON SUPPORTING WOMEN’S HISTORY MONTH IN MARCH
WHEREAS, in March 1910 a German activist, Clara Zetkin, suggested that International Women’s Day be recognized as an international holiday at the International Conference of Working Women in Copenhagen, Denmark and all 17 countries in attendance agreed; and
WHEREAS, in 1980, President Jimmy Carter declared the week of March 8th as National Women’s History Week; and
WHEREAS, the recognition was renewed by later presidents until 1987, when Congress designated March as Women’s History Month; and WHEREAS, it is a time to reflect on the courage of women of past generations and to celebrate how their efforts and bravery afforded women the opportunities and freedoms they have today.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City of Compton hereby declares its support for Women History Month in March.
SECTION 2. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
SECTION 3. That a certified copy of this Resolution shall be filed in the offices of the City Clerk and City Manager.
ADOPTED this __________________ day of __________________2022 _______________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
RESOLUTION NO. _________________
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested by the City Clerk at a regular meeting hereof held on the __________ day of ___________, 2022.
That said Resolution was adopted by the following vote to wit:
AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSENT: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERS- ___________________________________
CITY CLERK OF THE CITY OF COMPTON
March 15, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: FIRE DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT AND ISSUE A PURCHASE ORDER TO
FIRETRUCKS UNLIMITED FOR THE PURCHASE OF ONE (1)
2021 DODGE RAM 3500 DIESEL TYPE 1 AMBULANCE
REMOUNT ($124,964.00)
SUMMARY
Adoption of the attached resolution will authorize the City Manager to enter into an agreement and issue a purchase order to Firetrucks Unlimited to deliver one (1) Type 1 Ambulance Remount in an amount not to exceed One Hundred TwentyFour Thousand, Nine Hundred Sixty-Four Dollars and Zero Cents for use by the Fire Department ($124,964.00).
BACKGROUND
The Fire Department (“Department”) utilizes three squad units and two ambulances to respond to paramedic service calls throughout the City of Compton.
The ambulance units are primarily utilized to provide medical attention to patients until they can be transported by the City’s contracted service provider, McCormick Ambulance Company. The ambulances, purchased in 2005 and 2008, have reached the end of their useful life in accordance with the Los Angeles County Emergency Medical Services Agency Policy No. 455 and become cost prohibitive to maintain.
The Fire Department needs to replace the ambulance, given its age and costs to maintain, to render reliable medical services. During Fiscal Year 2020 – 2021, approximately Thirty Eight Thousand Dollars ($38,000.00) was expended in maintenance and repairs to keep the vehicles operational. The Department has expended Twenty Six Thousand, Five Hundred Dollars ($26,500.00) to date this fiscal year in maintenance and repair costs. One of the units has been taken completely out of service as the current cost to repair it is not cost effective. The new vehicle comes with a warranty that relieves the cost of maintenance, less routine preventative maintenance (fluids and filter changes).
STATEMENT OF THE ISSUE
The Department advertised a Request for Proposals on December 1, 2021, to build out a Type 1 Ambulance (Paramedic Unit) Remount using a 2021 Dodge Ram 3500 Diesel and attach one of the current ambulance’s patient compartments
9. Staff Report – Resolution Authorizing P.O. to Fire Trucks Unlimited For Type 1 Ambulance Remount
March 15, 2022, Page 2
to the new truck chassis in the The Bulletin Newspaper. Fire Trucks Unlimited was the only vendor that submitted a proposal and staff qualified their proposal as responsive and comprehensive.
Firetrucks Unlimited specializes in refurbishing and building units from the ground up. The Department has purchased a Ladder Truck from them that is still in service and Firetrucks Unlimited has stood behind its product.
FISCAL IMPACT
Under the terms of the agreement with Fire Trucks Unlimited, the cost for one (1) Type 1 Ambulance Remount is One Hundred Twenty-Four Thousand Nine Hundred Sixty-Four Dollars and Zero Cents ($124,964.00). The purchase order will be issued in an amount not to exceed One Hundred Twenty-Four Thousand, Nine Hundred Sixty-Four Dollars and Zero Cents ($124,964.00).
Funding is available in Account No. 6000-720-000-4333 (Equipment Rental – Automotive Equipment) for the vehicle purchase.
RECOMMENDATION
Staff recommends that Council adopt the attached Resolution.
ANTHONY ADAMS
FIRE CHIEF
APPROVED FOR FORWARDING:
RONERICK SIMPSON
CITY MANAGER
RESOLUTION NO. _____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT
AND ISSUE A PURCHASE ORDER TO FIRETRUCKS UNLIMITED FOR THE PURCHASE OF ONE (1) 2021 DODGE RAM 3500 DIESEL TYPE 1
AMBULANCE REMOUNT ($124,964.00)
WHEREAS, the Fire Department (“Department”) currently runs three (3) Paramedic Units to cover the entire City which is essential for safe and efficient emergency response and operation; and
WHEREAS, the Department replaced two (2) aged out ambulances with two (2) new squads in 2019; and currently runs three (3) Paramedic Units to cover the entire City of Compton; and
WHEREAS, a third squad is needed to replace the current in-service 2008 Ambulance which is constantly in need of repair; and
WHEREAS, an RFP was published on December 1, 2021, and the City Clerk received one (1) proposal from Firetrucks Unlimited for One Hundred Twenty-Four Thousand Nine Hundred Sixty-Four Dollars and Zero Cents ($124,964.00); and WHEREAS, maintaining the vehicle has become cost prohibitive as the Department expended $38,000 in Fiscal Year 2020-2021 and $26,500 to date in Fiscal Year 2021-2022; and
WHEREAS, Firetrucks Unlimited provided a responsive and comprehensive proposal that meets the Department’s needs; and
WHEREAS, the Department has purchased other apparatus from Firetrucks Unlimited in the past, and recognizes the organization to be capable and professional.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the proposal from Firetrucks Unlimited is hereby accepted and all other proposals rejected.
Section 2. That the City Manager, on the advice and approval of the City Attorney, is hereby authorized to enter into an agreement with Firetrucks Unlimited for the purchase and delivery of one (1) Type 1 Ambulance Remount.
Section 3. That a purchase order is authorized to be issued for Firetrucks Unlimited in an amount not-to-exceed One Hundred Twenty-Four Thousand, Nine Hundred Sixty-Four Dollars and Zero Cents for use by the Fire Department ($124,964.00).
Section 4. That funds for this expenditure are available in the approved Fiscal Year 2021-2022 Budget in Account No. 6000-720-000-4333.
Section 5. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Manager, City Controller, City Attorney and the Fire Department.
Section 6. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this _________________ day of ___________, 2022
_______________________________
MAYOR OF THE CITY OF COMPTON
RESOLUTION NO. ________________
PAGE TWO
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON
I, Alita Godwin, City Clerk of the City of Compton, do hereby certify that the forgoing resolution was adopted by the City Council, signed by the Mayor, and attested to by the City Clerk at a regular meeting thereof held on _______ day of ____________, 2022.
That this Resolution was adopted by the following vote, to wit:
AYES: Council MembersNOES: Council MembersABSTAIN: Council MembersABSENT: Council Members- ___________________________________
CITY CLERK OF THE CITY OF COMPTON
A
FIRETRUCKS UNLIMITED
.
1175 Center Point Dr.., Henderson, NV 89074
(702) 558-3352 [Phone] - (702) 832-0277 [Fax]
www.firetrucksunlimited.com URL
AGREEMENT FOR REMOUNT/REFURBISHMENT OF AMBULANCE
THIS AGREEMENT is made between Firetrucks Unlimited LLC (FTU), of 1175 Center Point Dr., Henderson, Nevada, ("Company") and:
City of Compton
(Legal Name of Buyer)
Of
205 South Willow Brook Avenue, Compton CA 90220
(Address, City, County, State, Zip)
310-605-5530
("Buyer" Phone Number)
BUYER INFORMATION (check one):
Municipal Corporation Non-Profit Corporation
Business Corporation Sole Proprietorship
Other (specify)Governmental-Political Subdivision of the State of California State of Incorporation:CA Date of Incorporation:
1. ACCEPTANCE: Company agrees to provide the remount/refurbishment services and Buyer agrees to purchase such services to be performed on one (1) RAM 3500 Type 1 Modular Ambulance ("Ambulance") described in the Specifications included in Bid RFP TYPE 1 MODULAR AMBULANCE submitted on December 23, 2021 and Company’s responsive proposal, each of which is incorporated herein and made a part of this Agreement.
3. PRICE AND DELIVERY: Buyer shall pay to Company as the Purchase Price for the Ambulance the sum of
One hundred twenty four thousand nine hundred sixty four. $124,964.00 This purchase price includes the following taxes:
N/A
B
Any applicable taxes not specifically noted above will be paid by the Buyer directly, or will be added to the Purchase Price and paid by Company. If Buyer claims exemption from any tax, Buyer agrees to promptly furnish the applicable exemption certificate(s) and to indemnify and save Company harmless from any such tax, interest or penalty, which may at any time be assessed against Company as a result of this transaction.
4. TERMS OF PAYMENT: Terms of payment shall be:
(A) Cash due upon signing $62,482.00 ________________
Trade due upon signing $N/A _____________________
Due upon delivery of Ambulance $62,482.00 _______________ (B) Check applicable method of payment for remaining balance due:
Cash/cash equivalent at time of delivery
Installment Sales Contract - Financing*
Lease-Purchase Agreement - Financing*
* Lender/Leasing Company:_____________________________________
5. CONTINGENCIES: Company will not be liable for any delay, failure to make delivery, or other default due to strikes or labor unrest, war, riot, federal, state or local government action, orders from government agencies to cease operations, fire, flood or other disaster or acts of God, accidents, breakdown of machinery when out of the Company’s control, lack of or inability to obtain materials, parts or supplies, or any other causes or circumstances beyond the reasonable control of Company which prevent or hinder Company’s manufacture and/or delivery of the Apparatus.
6. WARRANTY: Company provides a limited warranty on the Remount/refurbishment in accordance with the warranty terms set forth in the Specifications. Limited warranty is for one year on all refurbished items. Some components included extended warranties.
EXCEPT TO THE EXTENT PROHIBITED BY LAW, COMPANY MAKES NO OTHER WARRANTY,
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE HEREOF.
SEE SEPARATE WARRANTY STATEMENT(S) FOR COMPLETE INFORMATION.
C
7. DISCLAIMER OF CONSEQUENTIAL DAMAGES: COMPANY EXPRESSLY DISCLAIMS ANY
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY BE SUSTAINED BY
BUYER, INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM THE USE, INABILITY TO USE,
MAINTENANCE OR REPAIR OF THE APPARATUS, WHETHER UNDER THEORIES OF BREACH OF EXPRESS OR IMPLIED WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
8. CANCELLATION: This contract is not subject to cancellation by Buyer, unless for material breach by Company, except upon payment to Company of reasonable cancellation charges, which shall take into account expenses already incurred and commitments made by Company and Company's anticipated profit.
9. ENTIRE AGREEMENT; AMENDMENTS: This contract, including its appendices, embodies the entire understanding between the parties relating to the subject matter contained herein and merges all prior discussions and agreements between them. No agent or representative of Company has authority to make any representations, statements, warranties or agreements not herein expressed. All modifications or amendments of this contract, including the appendices, and Change Orders, must be in writing signed by an authorized representative of each of the parties hereto.
10. SEVERABILITY: If any provision hereof shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision, and this contract shall be construed as if the invalid, illegal or unenforceable provision had never been contained in it, unless to do so clearly negates the overall intent or purpose of the parties in entering into this contract.
11. CHANGES IN COMMERCIAL SPECIFICATIONS: Specifications for all commercial components of the Apparatus, manufactured by companies other than FTU, are subject to change without notice based on unavailability of such components, and provided that any substitutions are of an equivalent quality and functionality. Specifications for such components will be as available at the time of manufacture of the Apparatus. Company shall not be liable for any specification deviations from the original contract specifications on such components made by their original manufacturer.
12. CHANGES IN REGULATIONS/INDUSTRY STANDARDS: The Purchase Price is subject to adjustment for changes to the Apparatus necessitated by changes in applicable government regulations (such as FMVSS or emissions regulations), industry standards (such as NFPA standards), replacement of discontinued models or components from vendors, or freight charges.
Buyer is responsible for any cost increases due to such changes beyond Company’s control.
D
IN WITNESS WHEREOF, Buyer and Company have caused this Agreement to be executed by their duly authorized representatives this ________ day of ____________ , 20____ .
City of Compton __________________________________________________________ (Buyer's Legal Name)
By: _____________________ By: _____________________
Title: ____________________ Title: ____________________ By: _____________________ By: _____________________
Title: ____________________ Title: ____________________ Sales Representative: Brian Reyburn ________________________________ Organization Name: Firetrucks Unlimited _____________________________ By:______________________________________
Title: ____________________________________
This contract is not a valid and binding obligation until approved, dated and executed by Firetrucks Unlimited LLC, Henderson, Nevada.
ACCEPTED AND APPROVED BY FIRETRUCKS UNLIMITED LLC.:
By:______________________________________
Title: ____________________________________
Date: ____________________________________
MARCH 15, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: FINANCE COMMITTEE OF THE CITY OF COMPTON
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON TO RECEIVE AND FILE A DONATIONS POLICY
SUMMARY
Adoption of this resolution will authorize a Donations Policy to be received and implemented by City staff and elected officials. The policy exhibits internal control practices to provide greater control over the acceptance and handling of donations.
BACKGROUND
The City’s FY2018-2019 Single Audit Report states the following:
2014-051A – Material Weaknesses in Internal Control (MW) SCO Finding 3 – Material weaknesses in internal control resulted in the City’s losing $3.72 million
Condition On November 3, 2017, the former Deputy Treasurer of the City was sentenced to six and a half years in federal prison on charges stemming from his embezzlement of more than $3.72 million of City funds from May 2010 through December 2016. The former Deputy Treasurer held his position for more than 20 years; his primary responsibilities included the verification of daily collections to the Cashier Count Report and completion of the bank deposit process.
According to a forensic audit report, dated March 2017, the City's former Deputy Treasurer was able to obscure his embezzlement scheme for over six years. This was partly because: (1) he embezzled small amounts on a daily basis by duplicating and otherwise falsifying bank deposit slips, while presenting accurate documents for recording in the City's accounting system; and (2) internal controls were insufficient to allow the theft to be detected, as City Management failed to closely monitor bank accounts.
Given the City's continuing budget deficit, City Management should have maintained rigorous internal controls over cash handling and reconciliation processes. Instead, the City failed to implement basic internal controls in its cash receipt process, resulting in a loss of millions of dollars badly needed by the City.
Some basic internal control deficiencies are as follows:
10. Finance Committee – Resolution Review and Accept Donations Policy March 15, 2022, page 2 of 7
Failure to implement proper segregation of duties, which is key to protecting assets such as cash. The former Deputy Treasurer was allowed to perform the first cash count and reconcile count by himself, and also to complete all necessary paperwork for the deposit process. This internal control deficiency provided him with the opportunity to embezzle cash; Failure to complete monthly bank reconciliations in a timely manner (see Finding SCO Finding 8); and
Failure to implement read-only access for online monitoring of bank activity in the City Controller's Office. An employee assigned to monitor the City's banking activity might have been able to quickly identify discrepancies between the total cash deposited and the total cash amount stated in the Cashier Count Reports.
Recommendation: Although the City stated that it has implemented several new procedures within the Treasurer's Office, and that the City Controller's Office has implemented read-only access for monitoring bank activity, these procedures have yet to be incorporated in its formal Policy and Procedures manual. The SCO recommended that the City update its formal Policy and Procedures manual to incorporate the recently implemented internal control procedures, and complete these updates as soon as possible.
E+P concurs with the SCO finding and recommendation.
2014-067B – Integrity and Ethical Values (MW)
Criteria: Codes of conduct and other policies regarding acceptable business practices, conflicts of interest, or expected standards to ethical and moral behavior are established and communicated to all City Management and employees.
Condition: Deputy Treasurer admitted to embezzling money from the City's cash receipts on 12/15/16. The Mayer Hoffman McCann CPA firm reported that it was unable to reach an opinion on whether the City's FY 2010-11 June financial statements were free of material misstatements, due to their inability to obtain sufficient evidence from the Mayor or the City with respect to the Mayor's concerns of fraud on 7/24/12. Governance practices recommended by the FY 2011-12 Civil Grand Jury Report were not implemented, such as: develop a strategic plan, develop and report on performance measures, develop specific goals for the City’s executive and conduct annual evaluation of City’s executive. The City Council failed to exercise oversight over the City’s financial and operational activities. Prior years’ audit and review finding and recommendation were not implemented.
Related Finding(s): SCO Finding 3, 7, 17
Finance Committee – Resolution Review and Accept Donations Policy March 15, 2022, page 3 of 7
Recommendation: We recommend that the City update its formal Policy and Procedures manual to incorporate the recently implemented internal control procedures, and complete these updates as soon as possible. 2014-069B – Integrity and Ethical Values (MW)
Criteria: Everyday interaction with vendors, clients, auditors, and other parties is based on honesty and fairness.
Condition: Questionable payments were made to contractors. The City's staff circumvented the petty cash reimbursement policy. Deputy Treasurer admitted to embezzling money from the City's cash receipts on 12/15/16. The Mayer Hoffman McCann CPA firm reported that it was unable to reach an opinion on whether the City's FY 2010-11 June financial statements were free of material misstatements, due to their inability to obtain sufficient evidence from the Mayor or the City with respect to the Mayor's concerns of fraud on 7/24/12. Governance practices recommended by the FY 2011 -12 Civil Grand Jury Report were not implemented, such as: develop a strategic plan, develop and report on performance measures, develop specific goals for the City’s executive and conduct annual evaluation of City’s executive. The City Council failed to exercise oversight over the City’s financial and operational activities. Prior years’ audit and review finding and recommendation were not implemented.
Related Finding(s): SCO Finding 1, 4, 6, 7, 17
Recommendation: We recommend that the City Council fulfill its fiduciary responsibility by exercising meaningful oversight over the City’s affairs. The City also should develop and implement policies and procedures to endure that its management performs a detailed review and gains full understanding before entering into any type of legally-binding agreement.
2014-093B – Assignment of Authority and Responsibility (MW) Criteria: Does each employee know how his or her work interrelates to others in the way in which authority and responsibility are assigned, and how duties are related concerning internal control?
Condition: There is a lack of segregation of duties relating to some critical functions.
Related Finding(s): SCO Finding 10
Recommendation: We recommend that the City assess its current processes and implement policies and procedures to segregate incompatible functions.
Finance Committee – Resolution Review and Accept Donations Policy March 15, 2022, page 4 of 7
2014-100B – Risk Identification (MW)
Criteria: Management is appropriately and comprehensively identifying risk using various methodologies.
Condition: No risk assessment, evaluation, or risk prioritization was completed during the SCO’s review period.
Recommendation: We recommend that the City start doing risk assessments to be able to identify and properly address risks.
2014-107B – Policies and Procedures (General Applications) (MW) Criteria: The control activities identified as necessary are in place and being applied.
Condition: Outside the City Controller's Office, most of the employees that the SCO interviewed were unaware of control activities in place or how they are being applied.
Recommendation: We recommend that the City update its formal Policy and Procedures manual to incorporate the recently implemented internal control procedures, and complete these updates as soon as possible. 2014-108B – Policies and Procedures (General Applications) (MW) Criteria: Control activities are regularly evaluated to ensure that they are still appropriate and working as intended.
Condition: Outside the City Controller's Office, most of the employees that the SCO interviewed were unaware of control activities in place or how they are being applied.
Recommendation: We recommend that the City continue to review and update its Administrative Policies and Procedures manuals to ensure consistency with current processes and organizational structure; and perform periodic and ongoing reviews to ensure proper documentation, accuracy, and completeness in its financial transactions and records. When completed, the updated Administrative Policies and Procedures manuals should be readily available to all responsible employees. The manuals should clearly state the authority and responsibility of all employees, especially the authority to authorize transactions and the responsibility for the safekeeping of assets and records.
Finance Committee – Resolution Review and Accept Donations Policy March 15, 2022, page 5 of 7
2014-115B – Common Categories of Control Activities (SD) Criteria: Administrative and operation policies are in writing, current, and do they set clear procedures for compliance.
Condition: There were written administrative and operation policies; however, these policies and procedures have not been updated.
Related Finding(s): SCO Finding 13
Recommendation: We recommend that the City continue to review and update its Administrative Policies and Procedures manuals to ensure consistency with current processes and organizational structure; and perform periodic and ongoing reviews to ensure proper documentation, accuracy, and completeness in its financial transactions and records.
2014-120B – Communication (SD)
Criteria: Management ensures that effective internal communications occur.
Condition: The SCO’s observation and inquiry suggests that employees receive clear messages from top management; however, management does not receive significant information from employees. For example, billings approved by the City Manager, although questionable due to lack of adequate review and documentation, were never questioned by City employees.
Recommendation: We recommend that the City Council fulfill its fiduciary responsibility by exercising meaningful oversight over the City’s affairs. The City should also develop and implement policies and procedures to ensure that its management performs a detailed review and gains full understanding before entering into any type of legally-binding agreement.
2014-130B – On-Going Monitoring (BP)
Criteria: Meetings with employees are used to provide management with feedback on whether internal control is effective.
Condition: City employees cannot remember when the last meeting relating to internal controls was conducted between employees and management.
Finance Committee Report – Resolution Review and Accept Donations Policy March 15, 2022, page 6 of 7
Recommendation: We recommend that the City have periodic internal control meetings with employees to gain insights of the employees’ perspective and get some feedback.
As a result of these audit findings, the City needed a Donations Policy to exercise greater controls over the acceptance and handling of donations.
STATEMENT OF THE ISSUE
There is currently no Standard Operating Procedure or City Municipal Code for Donations acceptance or handling. A Donations policy is needed in order to demonstrate compliance with known internal control deficiencies with regards to Donations acceptance and handling. The deficiencies noted are deficiencies in monitoring, deficiencies in communication, deficiencies in control activities, deficiencies in the control environment, and deficiencies in risk assessment.
If the proposed policies implemented properly by City staff and elected officials, they will help minimize risk for the City and will assist the City with achieving the commonly referenced 5 internal control framework elements: Control Environment, Control Activities, Information and Communication, Monitoring and Risk Assessment.
The policy covers Types of Donations, Due Diligence Procedures, Acceptance protocol, Donations Acknowledgement, and Donations handling once accepted.
The receiving and filing of the Donations policy displays the City’s commitment to adhering to important internal control measures, as well as sets rules for orderly operations in regards to donations.
Lastly, it is also important to know that policies may need to change in the future to keep up with current environment or any unforeseen circumstances.
Finance Committee – Resolution Review and Accept Donations Policy March 15, 2022, page 7 of 7
FINANCIAL IMPACT
There is no financial cost to implementing these policies, except for staff time to implement the policies. Additionally, implementing these policies will demonstrate the City’s commitment to maintaining proper internal controls
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution.
CITY OF COMPTON FINANCE COMMITTEE
APPROVED FOR FORWARDING:
RONERICK SIMPSON
CITY MANAGER
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON TO
RECEIVE AND FILE A DONATIONS POLICY
WHEREAS, Adoption of this resolution will authorize a Donations Policy to be received and filed and implemented by City staff and elected officials. The policy exhibits internal control practices to provide greater control over the acceptance and handling of donations.
WHEREAS, The City’s FY2018-2019 Single Audit Report states the following:
2014-051A – Material Weaknesses in Internal Control (MW) SCO Finding 3 – Material weaknesses in internal control resulted in the City’s losing $3.72 million
Condition On November 3, 2017, the former Deputy Treasurer of the City was sentenced to six and a half years in federal prison on charges stemming from his embezzlement of more than $3.72 million of City funds from May 2010 through December 2016. The former Deputy Treasurer held his position for more than 20 years; his primary responsibilities included the verification of daily collections to the Cashier Count Report and completion of the bank deposit process.
According to a forensic audit report, dated March 2017, the City's former Deputy Treasurer was able to obscure his embezzlement scheme for over six years. This was partly because: (1) he embezzled small amounts on a daily basis by duplicating and otherwise falsifying bank deposit slips, while presenting accurate documents for recording in the City's accounting system; and (2) internal controls were insufficient to allow the theft to be detected, as City Management failed to closely monitor bank accounts.
Given the City's continuing budget deficit, City Management should have maintained rigorous internal controls over cash handling and reconciliation processes. Instead, the City failed to implement basic internal controls in its cash receipt process, resulting in a loss of millions of dollars badly needed by the City. Some basic internal control deficiencies are as follows:
Failure to implement proper segregation of duties, which is key to protecting assets such as cash. The former Deputy Treasurer was allowed to perform the first cash count and reconcile count by himself, and also to complete all necessary paperwork for the deposit process. This internal control deficiency provided him with the opportunity to embezzle cash;
Failure to complete monthly bank reconciliations in a timely manner (see Finding SCO Finding 8); and
Failure to implement read-only access for online monitoring of bank activity in the City Controller's Office. An employee assigned to monitor the City's banking activity might have been able to quickly identify discrepancies between the total cash deposited and the total cash amount stated in the Cashier Count Reports.
Recommendation: Although the City stated that it has implemented several new procedures within the Treasurer's Office, and that the City Controller's Office has implemented read-only access for monitoring bank activity, these procedures have yet to be incorporated in its formal Policy and Procedures manual. The SCO recommended that the City update its formal Policy and Procedures manual to incorporate the recently implemented internal control procedures, and complete these updates as soon as possible.
E+P concurs with the SCO finding and recommendation.
Resolution No. _______
2014-067B – Integrity and Ethical Values (MW)
Criteria: Codes of conduct and other policies regarding acceptable business practices, conflicts of interest, or expected standards to ethical and moral behavior are established and communicated to all City Management and employees.
Condition: Deputy Treasurer admitted to embezzling money from the City's cash receipts on 12/15/16. The Mayer Hoffman McCann CPA firm reported that it was unable to reach an opinion on whether the City's FY 2010-11 June financial statements were free of material misstatements, due to their inability to obtain sufficient evidence from the Mayor or the City with respect to the Mayor's concerns of fraud on 7/24/12. Governance practices recommended by the FY 2011-12 Civil Grand Jury Report were not implemented, such as: develop a strategic plan, develop and report on performance measures, develop specific goals for the City’s executive and conduct annual evaluation of City’s executive. The City Council failed to exercise oversight over the City’s financial and operational activities. Prior years’ audit and review finding and recommendation were not implemented.
Related Finding(s): SCO Finding 3, 7, 17
Recommendation: We recommend that the City update its formal Policy and Procedures manual to incorporate the recently implemented internal control procedures, and complete these updates as soon as possible. 2014-069B – Integrity and Ethical Values (MW)
Criteria: Everyday interaction with vendors, clients, auditors, and other parties is based on honesty and fairness.
Condition: Questionable payments were made to contractors. The City's staff circumvented the petty cash reimbursement policy. Deputy Treasurer admitted to embezzling money from the City's cash receipts on 12/15/16. The Mayer Hoffman McCann CPA firm reported that it was unable to reach an opinion on whether the City's FY 2010-11 June financial statements were free of material misstatements, due to their inability to obtain sufficient evidence from the Mayor or the City with respect to the Mayor's concerns of fraud on 7/24/12. Governance practices recommended by the FY 2011 -12 Civil Grand Jury Report were not implemented, such as: develop a strategic plan, develop and report on performance measures, develop specific goals for the City’s executive and conduct annual evaluation of City’s executive. The City Council failed to exercise oversight over the City’s financial and operational activities.
Prior years’ audit and review finding and recommendation were not implemented.
Related Finding(s): SCO Finding 1, 4, 6, 7, 17
Recommendation: We recommend that the City Council fulfill its fiduciary responsibility by exercising meaningful oversight over the City’s affairs. The City also should develop and implement policies and procedures to endure that its management performs a detailed review and gains full understanding before entering into any type of legally-binding agreement.
Resolution No. _______
2014-093B – Assignment of Authority and Responsibility (MW) Criteria: Does each employee know how his or her work interrelates to others in the way in which authority and responsibility are assigned, and how duties are related concerning internal control?
Condition: There is a lack of segregation of duties relating to some critical functions.
Related Finding(s): SCO Finding 10
Recommendation: We recommend that the City assess its current processes and implement policies and procedures to segregate incompatible functions. 2014-100B – Risk Identification (MW)
Criteria: Management is appropriately and comprehensively identifying risk using various methodologies.
Condition: No risk assessment, evaluation, or risk prioritization was completed during the SCO’s review period.
Recommendation: We recommend that the City start doing risk assessments to be able to identify and properly address risks.
2014-107B – Policies and Procedures (General Applications) (MW) Criteria: The control activities identified as necessary are in place and being applied.
Condition: Outside the City Controller's Office, most of the employees that the SCO interviewed were unaware of control activities in place or how they are being applied.
Recommendation: We recommend that the City update its formal Policy and Procedures manual to incorporate the recently implemented internal control procedures, and complete these updates as soon as possible. 2014-108B – Policies and Procedures (General Applications) (MW) Criteria: Control activities are regularly evaluated to ensure that they are still appropriate and working as intended.
Condition: Outside the City Controller's Office, most of the employees that the SCO interviewed were unaware of control activities in place or how they are being applied.
Recommendation: We recommend that the City continue to review and update its Administrative Policies and Procedures manuals to ensure consistency with current processes and organizational structure; and perform periodic and ongoing reviews to ensure proper documentation, accuracy, and completeness in its financial transactions and records. When completed, the updated Administrative Policies and Procedures manuals should be readily available to all responsible employees. The manuals should clearly state the authority and responsibility of all employees, especially the authority to authorize transactions and the responsibility for the safekeeping of assets and records.
Resolution No. _______
2014-115B – Common Categories of Control Activities (SD) Criteria: Administrative and operation policies are in writing, current, and do they set clear procedures for compliance.
Condition: There were written administrative and operation policies; however, these policies and procedures have not been updated.
Related Finding(s): SCO Finding 13
Recommendation: We recommend that the City continue to review and update its Administrative Policies and Procedures manuals to ensure consistency with current processes and organizational structure; and perform periodic and ongoing reviews to ensure proper documentation, accuracy, and completeness in its financial transactions and records.
2014-120B – Communication (SD)
Criteria: Management ensures that effective internal communications occur.
Condition: The SCO’s observation and inquiry suggests that employees receive clear messages from top management; however, management does not receive significant information from employees. For example, billings approved by the City Manager, although questionable due to lack of adequate review and documentation, were never questioned by City employees.
Recommendation: We recommend that the City Council fulfill its fiduciary responsibility by exercising meaningful oversight over the City’s affairs. The City should also develop and implement policies and procedures to ensure that its management performs a detailed review and gains full understanding before entering into any type of legally-binding agreement.
2014-130B – On-Going Monitoring (BP)
Criteria: Meetings with employees are used to provide management with feedback on whether internal control is effective.
Condition: City employees cannot remember when the last meeting relating to internal controls was conducted between employees and management.
Recommendation: We recommend that the City have periodic internal control meetings with employees to gain insights of the employees’ perspective and get some feedback.
WHEREAS, As a result of these audit findings, the City needed a Donations Policy to exercise greater controls over the acceptance and handling of donations.
WHEREAS, There is currently no Standard Operating Procedure or City Municipal Code for Donations acceptance or handling. A Donations policy is needed in order to demonstrate compliance with known internal control deficiencies with regards to Donations acceptance and handling. The deficiencies noted are deficiencies in monitoring, deficiencies in communication, deficiencies in control activities, deficiencies in the control environment, and deficiencies in risk assessment.
WHEREAS, If the proposed policies are implemented properly by City staff and elected officials, they will help minimize risk for the City and will assist the City with achieving the commonly referenced 5 internal control framework elements: Control Environment, Control Activities, Information and Communication, Monitoring and Risk Assessment.
Resolution No. _______
WHEREAS, The policy covers Types of Donations, Due Diligence Procedures, Acceptance protocol, Donations Acknowledgement, and Donations handling once accepted.
WHEREAS, The receiving and filing of the Donations policy displays the City’s commitment to adhering to important internal control measures, as well as sets rules for orderly operations in regards to donations.
WHEREAS, Policies may need to change in the future to keep up with current environment or any unforeseen circumstances.
WHEREAS, There is no financial cost to implementing these policies, except for staff time to implement the policies. Additionally, implementing these policies will demonstrate the City’s commitment to maintaining proper internal controls.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the City Council receive and file the attached policies.
Section 2. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Attorney, City Manager, and City Controller.
Section 3. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ____________ day of _____________, 2022.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on this ____ day of ______, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCILMEMBERSNOES: COUNCILMEMBERSABSTAIN: COUNCILMEMBERSABSENT: COUNCILMEMBERS- ____________________________________
CITY CLERK OF THE CITY OF COMPTON
CITY OF COMPTON
DONATIONS ACCEPTANCE FORM
City of Compton Tax ID:95-6000696. The Internal Revenue Service states that the deductible amount of a charitable contribution is limited to the value of cash or property donated minus what the donor receives in exchange for the contribution. Please keep this receipt and file it with your tax records as proof of your gift. The Foundation reserves the right to refuse donations.
PART I: DONOR INFORMATION
Name/Title of Employee Completing Form: _____ Date:
Name of Donor:
Check box if donor is Anonymous: Official Date of Donation:
Tel: Mailing Address:
Email address:
Relationship of Donor to City or Foundation:
Charitable Tax Receipt Received? Has the Donor requested Recognition for their gift? Y N Please check box if: Donation is being made to the “City” or the “Foundation” PART II: DESCRIPTION OF ITEM(S) DONATED: {Please check all applicable boxes. Attach Sheet for Additional Items}:
Cash/Checki/Wire/
Payroll Deduction/
Or Credit Cardii
(please circle one)
Other Financial
Instrument
{ie: Stocks, Bonds,
Notes, etc…}
Professional or
Personal
Services (see
table below)
Supplies or
Equipment
(see table below)
Pledge of Periodic
Payments
(see table below)
Other (i.e. Real Property,
Artwork or please
describe below)iii
Item # Description Serial #; Model #;
Original Title
Obtained (Y/N)?
$Dollar$ Value
On Date Received
{Without documentation, donation
will be recorded at $1}
(check box
if external appraisal is required)
Date(s)
Received/
Or To-Be_
Received
Condition
{New; Used; or
Requires
Modification}
1 Title
2 Title
Total: $
Will the Donated Item Require Any of the Following (please check all applicable boxes):
Service, Repair, Maintenance, or Certification? Costs for Storage, Pick-up, Installation? Safety Issue? Hazardous Materials Issue?
Please Explain:
CITY OF COMPTON
DONATIONS ACCEPTANCE FORM
City of Compton Tax ID:95-6000696. The Internal Revenue Service states that the deductible amount of a charitable contribution is limited to the value of cash or property donated minus what the donor receives in exchange for the contribution. Please keep this receipt and file it with your tax records as proof of your gift. The Foundation reserves the right to refuse donations.
If the donated item(s) has a value of $1,000 or more, has it been examined and determined that it has a useful life of at least one year and requires no repair or some form of maintenance? MARK THE BOX: NO YES Equipment Inspected By (attach appraisal in PDF):
Date Inspected:
Final Location or Storage arrangement:
PART III: USE OF DONATED ITEMiv
This donation involves a: (Please check all applicable boxes) Time Restrictionv Purpose Restrictionvi Permanent Restrictionvii Temporary Restrictionviii Gift is to be retained and used for designated
Purpose
Gift may be sold, proceeds used for designated purpose (if gift is sold within three (3) years of the date of contribution, IRS Form 8282 ixwill be sent to the donor and the IRS)
What is the proposed use of the donated item(s)? What are the restrictions? Please explain or attach: (If unrestricted, please put N/A): _________
CUSTOMER Name (please print):
CUSTOMER SIGNATURE:
Make check payable to City of Compton. Checks made payable to the City of Compton may not be tax deductible. Donor should consult their tax attorney
Credit card information section and signature line, pop up or drop down fields are preferred:
Enter credit card information. Visa Master card Discover American Express * Credit Card Number:
(enter numbers without spaces) Card Code:
* Expiration Date:
(MM/YY)
* Total Amount: $
CITY OF COMPTON
DONATIONS ACCEPTANCE FORM
City of Compton Tax ID:95-6000696. The Internal Revenue Service states that the deductible amount of a charitable contribution is limited to the value of cash or property donated minus what the donor receives in exchange for the contribution. Please keep this receipt and file it with your tax records as proof of your gift. The Foundation reserves the right to refuse donations.
PART IVx:
DEPARTMENT/PROGRAM RECEIVING BENEFIT OF GIFT (Please check all applicable boxes):
40 Mayor and Council 51 City Manager
42 City Attorney 44 City Treasurer
47 City Clerk 67
Community
Improvement Services
65 City Controller
78 Community
Development
71/72 Public Works 62 Internal Services
69 Fire 84 Parks and Recreation
61 Non-Departmental 85 Water
91 Successor Agency
Others
REVENUE-TYPE (Please check all applicable boxes):
Donations - Unrestricted* Unrestricted Contributions- Goods* Special Events
Unrestricted ContributionsServices*
Fire Special Events Restricted Contributions- Goods*
Special Annual Events Restricted Contributions- Services* Cultural Special Events Restricted Contributions – CASH of Financial Instrument
Misc - Credit
* Restricted means – Donor specified
time and/or purpose of use
END OF FORM
i Make check payable to City of Compton. Checks made payable to the City of Compton may not be tax deductible. Donor should consult their tax attorney ii Credit card information section and signature line, pop up or drop down fields are preferred:
Enter credit card information.
* Credit Card Number:
(enter numbers without spaces)
Zip Code:
* Expiration Date:
(MM/YY)
Card Code
* Total Amount:
iii If Artwork, then please contact the City Manager’s Department iv If nothing is filled out, or if no restriction is specified here, then the donation is deemed “Unrestricted” automatically, and will be used at the discretion of the City Council. v Restricted means – Donor specified time or purpose of use vi Restricted means – Donor specified time or purpose of use vii Restricted means – Donor specified time or purpose of use
CITY OF COMPTON
DONATIONS ACCEPTANCE FORM
City of Compton Tax ID:95-6000696. The Internal Revenue Service states that the deductible amount of a charitable contribution is limited to the value of cash or property donated minus what the donor receives in exchange for the contribution. Please keep this receipt and file it with your tax records as proof of your gift. The Foundation reserves the right to refuse donations.
viii Restricted means – Donor specified time or purpose of use ix IRS Form 8282 is for donee organizations to report information to the IRS and donors about dispositions of certain charitable deduction property made within 3 years after the donor contributed the property.
CITY OF COMPTON
DONATIONS POLICY
Purpose:
To provide guidelines for the City's acceptance of gifts and donations in a responsible, ethical, transparent and accountable manner, consistent with the City’s strategic goals and objectives, and are in the best interest of the City.
Types of Donations:
Donations may be offered in the form of cash, real or personal property.
Designated donations means those donations that the donor specifies for a particular City department, location, or purpose, or time to be spent. Undesignated donations means those donations that are given to the City for an unspecified use or unspecified time to be spent.
Procedures:
The City Manager or appropriate Department Head shall perform an initial evaluation of a proposed donation. Factors to be considered include, but are not limited to the following:
• Whether acceptance of the gift is in the City’s best interest and is consistent with applicable policies, ordinances, and resolutions;
• Whether the acceptance of the gift would give rise to an appearance of impropriety;
• Due diligence shall be performed on the donor to validate the legitimacy of the donor.
• In the case of a restricted gift, whether the gift obligates the City to make an immediate or initial City expenditure that has not been included in the approved City budget, and whether it may result in ongoing costs. • To avoid the appearance of impropriety, among other things, the City shall not accept gifts from or on behalf of any donor who is in the process of obtaining discretionary approval from the City, or who applied for discretionary approval 18 months prior to the proposed gift. In the event a donor seeks discretionary approval from the City within 18 months following City's acceptance of a gift, the City shall return the gift to the donor.
CITY DONATIONS POLICY
2 • All gifts shall become City property.
• It shall be the responsibility of the receiving department to send a thank you letter to the donor and ensure that the donation is used only for its intended official City use.
Acceptance of Donations:
All donations to the City, including offers of donations to employees affiliated with the City, shall immediately be submitted for consideration for acceptance by City staff. Appropriate City staff shall review every donation and determine if the benefits to be derived warrant acceptance of the donation. The following points list the threshold amounts for donation acceptance.
Offers of Donations of cash or items valued at up to $5,000 may be accepted by the City Manager. The City Manager shall report all gifts to the City Controller or designee promptly. On a Quarterly basis, the City Manager shall bring a report of all donations that were accepted under the threshold for going to Council. The report shall contain the following information:
o Date Received,
o Donor Name
o Donor’s Financial Interest involving the City if any
o Nature of Gift
o Number of items, if applicable
o Value (estimate if non-cash)
o Disposition method or Intended Use
Offers of donations of cash or items valued at more than $5,000 must be accepted by the City Council. Donations valued at more than $100,000 shall be accepted through a written agreement and approve by the City Council.
Acknowledgement of Donations:
Donation Acceptance Form is required to be completed by the receiving Department Head or the City Manager’s Office for all donations provided to the City.
Acknowledgement of the Donation should be in writing and be the responsibility of the City Manager or designee.
Disposition of the Donated Asset
CITY DONATIONS POLICY
3 Before selling or disposing of a donated asset, the department needs to review the gift documentation (e.g., donor letter/agreement) to ensure there is no restriction on the disposition of the donated asset. The department must make note of any restrictions to be followed on the use of the proceeds if sold.
Proper authorization must be obtained pursuant to city policy before selling a donated asset. Documentation is needed to support the value from sale or other type of disposal. A net gain or loss needs to be recorded. “In Kind” Donations
In-kind donations are gifts of goods or services that are not capital assets. They are not reported in the City’s records and reports unless they are “material” or the underlying source of the donation is a governmental grant or program.
Examples of “in kind” donations include services or staff time, and noncapitalized goods such as furniture, small dollar equipment, materials and supplies. Services may be considered an “in kind” donation when they are performed specifically for the department and paid for by a “Friends of” organization or other non-City entity.
Departments should maintain a record of “in kind” donations when the value exceeds $5,000 or more (based on available documentation or estimated fair market value) within a given fiscal year from a single source.
At a minimum, these records should include a description of the items, donor or organization’s name, value, and date. These records must be available to the Controller’s Office upon request.
“In kind” donations must be reported in the City’s records when they are “material”. In general, departments must contact the City Controller or designee for specific guidance and advice regarding specific situations. “In kind” donations must also be reported when the underlying funding source is actually a governmental grant or program. When a donation meets these criteria, departments must maintain records for post audit and other reviews as determined by the Controller’s Office.
When the “in kind” donation meets any of the above criteria, departments should contact the City Controller or designee for specific instructions on recording this activity.
Donated Investments
CITY DONATIONS POLICY
4 Gifts may be received in the form of investments, such as stocks and bonds.
Departments are encouraged to notify the City Controller or designee and the City Treasurer when they receive such gifts. The following procedures should be followed:
Obtain a donor letter, which should:
o Identify the donor contributing the gift.
o Identify any restriction(s) on the use of the donated investment (both principal and interest)
o Identify the investment and value of investment (principal amount) o Receive the investment (ownership transfer)
The department should notify the Treasurer’s Office, which will arrange the transfer of investment ownership with the donor’s brokerage firm. Record the investment.
The department should contact the City Controller or designee to book the investment.
Selling a Donated Investment
o Before selling a donated investment, the department needs to review the gift documentation to ensure there is no restriction on selling the donated investment, and make note of any restriction to be followed on the use of the proceeds if sold.
o Proper authorization needs to be sought before selling. o Documentation from the Treasurer’s Office is needed to support the value sold or disposed.
Department Name and/or Special Fund Name
205 South Willowbrook Avenue, Compton
City, CA 90220
Department Phone Number
Date
Donor Name___________________
Donor Address _________________
Donor City, State, Zip____________
Dear ,
Thank you for your contribution of . If this contribution is property rather than cash, a detailed description should be attached or noted below.
Please keep this written acknowledgement of your gift to the City for your tax records.
Thank you for your support!
Very truly yours,
Department Representative
Description of donated property:
(It is the responsibility of the donor to estimate the fair market value of donated items.) Because a “gift” may include something like a rebate or discount, please estimate the value of any goods or services you received from the City in connection with your gift and make sure that amount is not included in the estimated value of your gift:
No goods or services were provided by the City in connection with the gift.
MARCH 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY CONTROLLER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
TO ADOPT FISCAL SUSTAINABILITY PLAN ELEMENTS
SUMMARY
The City of Compton Finance Committee met on Oct. 11, 2021 and recommended adopting Fiscal Sustainability Plan elements to ensure that the City can incorporate a plan for greater future fiscal health. The adoption of a Fiscal Sustainability plan was devised in response to the findings of #2018-037, #2019-025 and #2014-104B of the FY2019 Single Audit Report from Eadie and Payne, the City’s external audit firm. Staff recommends to expand on these basic elements in a more detailed plan to be presented by 6/30/23. However, at this time the Finance Committee and staff believe that adopting a framework is necessary to help address the audit findings and help the City move forward with general implementation. Further, the framework allows the City to communicate to the public its goals for achieving future fiscal sustainability.
BACKGROUND
As a result of the audit by the State Controller’s office of the City in 2018, and as a result of the audit conducted by Eadie & Payne, a list of audit findings and recommendations were produced. Several of the findings and recommendations (within the Single Audit Report of FY2019, which consolidates these audit findings and management corrective action plans into one document) prompted the City with a need to adopt a Fiscal Sustainability Plan.
The City’s FY2018-2019 Single Audit Report states the following findings:
2014-104B – Risk Identification (SD)
Criteria: Management is identifying risks City-wide and for each significant activity level of the City.
Condition: The City experienced a high degree of management turnover, which can result in a lack of consistent leadership, operational stability, and efficiency.
Between January 1, 2010 and January 18, 2017, nine different individuals served as City Manager. Audit issues noted in prior years' review and audit reports were
11. Finance Committee – Resolution Adopt Fiscal Sustainability Plan Elements March 15, 2022, page 2 of 5
not corrected. Likewise, recommendations to address the noted issues were not implemented.
No risk assessment, evaluation, or risk prioritization was completed during our review period.
Related Finding(s): SCO Finding 14
Recommendation: We recommend that City Management identify risks on a City-wide level, as well as for each significant activity level of the City. 2019-025 – Negative Fund Balances (MW)
Criteria: The City should operate to maintain adequate fund balances in all of its funds to mitigate current and future risks, such as revenue shortfalls and unanticipated expenditures.
Condition: There are negative fund balances for various funds including the general fund, grant funds, nonmajor governmental funds, and internal service funds.
Cause: Lack of policies and procedures over cash management and budgetary restrictions. Weakness in internal control over operational spending and lack of consideration of long-term financial planning.
Effect or Potential Effect: The deficits could have a significant effect on operations on a go-forward basis. City programs and services involved with the fund may be curtailed.
Repeat of a Prior-Year Finding: 2018-037, 2014-049A
Recommendation: We recommend that management review the negative fund balances and the affected operations to make provisions to eliminate the deficit balances going forward.
A fiscal sustainability plan is a plan that City Councilmembers and City staff can follow, so that the City’s long term and short-term fiscal health can be considered when making decisions for on-going City operations and for new endeavors. Staff performed research and found fiscal sustainability and economic development plans from various California cities and compiled this list of elements which were straight forward and which the Finance Committee believes should be easily agreed upon.
Finance Committee – Resolution Adopt Fiscal Sustainability Plan Elements March 15, 2022, page 3 of 5
STATEMENT OF ISSUE
A fiscal sustainability plan is being recommended for adoption in order to provide guidance and to ensure that future fiscal health initiatives will be implemented appropriately. The plan that is currently being presented is in a framework format with general provisions that can be widely agreed upon to fulfill its intended purpose, which is to enhance and ensure the City’s future fiscal health. A more detailed plan, including recommended City initiatives, will also be needed to provide more guidance for situations not directly addressed by the general elements of the framework. If approved we will recommend to staff to begin work on a more detailed plan.
There is currently no Fiscal Sustainability Plan in place. At this time though, it is being recommended to adopt these basic and general provisions of the Fiscal Sustainability Plan, so that guidance may be given & implementation may begin immediately.
Implementation would include firm consideration of the framework during budget preparation and in staff reports for Council agenda items. Of note, these elements provide guidance across various City functions, activities and departments. Further, we ask that a discussion also take place and, if desired, the Council could make further recommendations to add or remove any of the listed elements. However, we believe it is important to adopt a satisfactory framework as soon as possible in order for staff to implement the guidance into operations immediately.
The fiscal sustainability elements to be approved are as follows:
1. The City will proactively seek to protect and expand its tax base by encouraging a healthy underlying local economy.
2. The City will work to enhance and protect the property values of all Compton residents and property owners.
3. The City will work to enhance and protect the City’s quality of life through strategic and sustained investment in quality capital infrastructure improvements that are both long lasting and fiscally responsible.
4. The City will encourage shopping, dining, and visiting at Compton stores, restaurants, and hotels.
5. The City will establish and maintain appropriate cash reserves.
6. The City will manage its Facilities Financial Planning Reserve so that General Fund contributions to the reserve shall not be less than three percent (3%) of the total General Fund Revenue Budget.
7. City revenue performance will be reviewed no less than quarterly and appropriate budget adjustments will be made in advance of the end of a budget year if revenue performance is not meeting projections.
8. The City will initiate a "results-based budgeting" approach that allows the public and the City Council to prioritize City expenditures strategically rather than simply adjusting legacy expenditures to reflect inflation.
9. The City will implement a Performance Measurement/Management Strategy as part of an ongoing effort to ensure high-quality and efficient performance.
Finance Committee – Resolution Adopt Fiscal Sustainability Plan Elements March 15, 2022, page 4 of 5
10. The City will consider competitive contracting of services and equipment when appropriate and where clear, cost-effective alternatives exist.
11. The City will make it a priority to be energy efficient in its provision of public services.
12. The City will establish appropriate cost-recovery targets for its fee structure and will annually adjust its fee structure to ensure that the fees continue to meet cost recovery targets.
13. The City will oppose efforts of the State and County governments to divert revenues from the City or to increase the unfunded service mandate of City taxpayers.
14. The City will work in partnership with its employees to ensure fair compensation and that costs related to pension and other benefits are appropriately allocated between employer and employees.
15. The City will vigorously defend itself and its taxpayers against frivolous lawsuits.
16. The City will seek additional intergovernmental funding and grants, with a priority on funding one-time capital projects. Grant-funded projects that require multi-year support will be reviewed by the Finance Committee
FISCAL IMPACT
If this framework of fiscal sustainability elements is adopted by the Council, it will establish goals and directives to ensure the City’s future fiscal health. Further it will communicate to stakeholders of the City that the City is committed to the improvement and success of the City’s fiscal health. The elements included therein provide guidance for cost savings and revenue enhancements that will ultimately improve the City’s financial position, while simultaneously addressing related auditor findings and recommendations. It is also important to know that policies may need to change to keep up with current environment or any unforeseen circumstances.
ALTERNATIVE
The City would continue to remain in a position without fiscal sustainability guidance for staff to start implementing into day-to-day operations, and these audit findings would likely continue to be repeated until such a policy is adopted and implemented.
Finance Committee – Resolution Adopt Fiscal Sustainability Plan Elements March 15, 2022, page 5 of 5
RECOMMENDATION
The Finance Committee recommends that the City Council adopt the attached Resolution.
SHARON RHBAN NAVIZADEH,
CITY CONTROLLER
ON BEHALF OF THE
CITY OF COMPTON FINANCE COMMITTEE
APPROVED FOR FORWARDING:
RONERICK SIMPSON
CITY MANAGER
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON TO
ADOPT A FISCAL SUSTAINABILITY PLAN
WHEREAS, The City of Compton Finance Committee met on Oct. 11, 2021 and recommended adopting Fiscal Sustainability Plan elements to ensure that the City can incorporate a plan for greater future fiscal health. The adoption of a Fiscal Sustainability plan was devised in response to the findings of #2018-037, #2019-025 and #2014-104B of the FY2019 Single Audit Report from Eadie and Payne, the City’s external audit firm. Staff recommends to expand on these basic elements in a more detailed plan to be presented by 6/30/23. However, at this time the Finance Committee and staff believe that adopting a framework is necessary to help address the audit findings and help the City move forward with general implementation. Further, the framework allows the City to communicate to the public its goals for achieving future fiscal sustainability.
WHEREAS, As a result of the audit by the State Controller’s office of the City in 2018, and as a result of the audit conducted by Eadie & Payne, a list of audit findings and recommendations were produced. Several of the findings and recommendations (within the Single Audit Report of FY2019, which consolidates these audit findings and management corrective action plans into one document) prompted the City with a need to adopt a Fiscal Sustainability Plan.
WHEREAS, The City’s FY2018-2019 Single Audit Report states the following:
2014-104B – Risk Identification (SD)
Criteria: Management is identifying risks City-wide and for each significant activity level of the City.
Condition: The City experienced a high degree of management turnover, which can result in a lack of consistent leadership, operational stability, and efficiency. Between January 1, 2010 and January 18, 2017, nine different individuals served as City Manager. Audit issues noted in prior years' review and audit reports were not corrected. Likewise, recommendations to address the noted issues were not implemented.
No risk assessment, evaluation, or risk prioritization was completed during our review period.
Related Finding(s): SCO Finding 14
Recommendation: We recommend that City Management identify risks on a Citywide level, as well as for each significant activity level of the City. 2019-025 – Negative Fund Balances (MW)
Criteria: The City should operate to maintain adequate fund balances in all of its funds to mitigate current and future risks, such as revenue shortfalls and unanticipated expenditures.
Condition: There are negative fund balances for various funds including the general fund, grant funds, nonmajor governmental funds, and internal service funds.
Cause: Lack of policies and procedures over cash management and budgetary restrictions. Weakness in internal control over operational spending and lack of consideration of long-term financial planning.
Effect or Potential Effect: The deficits could have a significant effect on operations on a go-forward basis. City programs and services involved with the fund may be curtailed.
Repeat of a Prior-Year Finding: 2018-037, 2014-049A
Recommendation: We recommend that management review the negative fund balances and the affected operations to make provisions to eliminate the deficit balances going forward.
WHEREAS, A fiscal sustainability plan is a plan that City Councilmembers and City staff can follow, so that the City’s long term and short-term fiscal health can be considered Resolution No. _______
when making decisions for on-going City operations and for new endeavors. Staff performed research and found fiscal sustainability and economic development plans from various California cities and compiled this list of elements which were straight forward and which the Finance Committee believes should be easily agreed upon.
WHEREAS, A fiscal sustainability plan is being recommended for adoption in order to provide guidance and to ensure that future fiscal health initiatives will be implemented appropriately. The plan that is currently being presented is in a framework format with general provisions that can be widely agreed upon to fulfill its intended purpose, which is to enhance and ensure the City’s future fiscal health. A more detailed plan, including recommended City initiatives, will also be needed to provide more guidance for situations not directly addressed by the general elements of the framework. If approved we will recommend to staff to begin work on a more detailed plan.
WHEREAS, There is currently no Fiscal Sustainability Plan in place. At this time though, it is being recommended to discuss and adopt these basic and general provisions of the Fiscal Sustainability Plan, so that guidance may be given & implementation may begin immediately. Implementation would include firm consideration of the framework during budget preparation and in staff reports for Council agenda items. Of note, these elements provide guidance across various City functions, activities and departments. Further, we ask that a discussion also take place and, if desired, the Council could make further recommendations to add or remove any of the listed elements. However, we believe it is important to adopt a satisfactory framework as soon as possible in order for staff to implement the guidance into operations immediately.
WHEREAS, The fiscal sustainability elements to be approved are as follows:
1. The City will proactively seek to protect and expand its tax base by encouraging a healthy underlying local economy.
2. The City will work to enhance and protect the property values of all Compton residents and property owners.
3. The City will work to enhance and protect the City’s quality of life through strategic and sustained investment in quality capital infrastructure improvements that are both long lasting and fiscally responsible.
4. The City will encourage shopping, dining, and visiting at Compton stores, restaurants, and hotels.
5. The City will establish and maintain appropriate cash reserves.
6. The City will manage its Facilities Financial Planning Reserve so that General Fund contributions to the reserve shall not be less than three percent (3%) of the total General Fund Revenue Budget.
7. City revenue performance will be reviewed no less than quarterly and appropriate budget adjustments will be made in advance of the end of a budget year if revenue performance is not meeting projections.
8. The City will initiate a "results-based budgeting" approach that allows the public and the City Council to prioritize City expenditures strategically rather than simply adjusting legacy expenditures to reflect inflation.
9. The City will implement a Performance Measurement/Management Strategy as part of an ongoing effort to ensure high-quality and efficient performance.
10. The City will consider competitive contracting of services and equipment when appropriate and where clear, cost-effective alternatives exist.
11. The City will make it a priority to be energy efficient in its provision of public services.
12. The City will establish appropriate cost-recovery targets for its fee structure and will annually adjust its fee structure to ensure that the fees continue to meet cost recovery targets.
13. The City will oppose efforts of the State and County governments to divert revenues from the City or to increase the unfunded service mandate of City taxpayers.
Resolution No. ___________
14. The City will work in partnership with its employees to ensure fair compensation and that costs related to pension and other benefits are appropriately allocated between employer and employees.
15. The City will vigorously defend itself and its taxpayers against frivolous lawsuits.
16. The City will seek additional intergovernmental funding and grants, with a priority on funding one-time capital projects. Grant-funded projects that require multi-year support will be reviewed by the Finance Committee
WHEREAS, If this framework of fiscal sustainability elements is adopted by the Council, it will establish goals and directives to ensure the City’s future fiscal health. Further it will communicate to stakeholders of the City that the City is committed to the improvement and success of the City’s fiscal health. The elements included therein provide guidance for cost savings and revenue enhancements that will ultimately improve the City’s financial position, while simultaneously addressing related auditor findings and recommendations. It is also important to know that policies may need to change to keep up with current environment or any unforeseen circumstances.
WHEREAS, the alternative City would continue to remain in a position without fiscal sustainability guidance for staff to start implementing into day-to-day operations, and these audit findings would likely continue to be repeated until such a policy is adopted and implemented.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the City Council adopt the Fiscal Sustainability Plan Elements contained herein.
Section 2. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Attorney, City Manager, and City Controller.
Section 3. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ____________ day of _____________, 2022.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
RESOLUTION NO. _______________
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on this ___________ day of ________________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCILMEMBERSNOES: COUNCILMEMBERSABSTAIN: COUNCILMEMBERSABSENT: COUNCILMEMBERS- ____________________________________
CITY CLERK OF THE CITY OF COMPTON
March 15, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY CONTROLLER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
TO RECEIVE AND FILE INTERNAL CONTROL POLICIES RELATING
TO BUDGETING AND GRANT MANAGEMENT PRACTICES
SUMMARY
The City Controller’s Department has prepared a Budgeting and Grants Management policy to address deficiencies and weaknesses in internal controls surrounding Budgeting and Grants Management practices that are performed within various departments of the City. These policies which are attached as Exhibits A and B include (a) provisions for proper separation of duties to avoid conflicts of interest, (b) provisions for methods to ensure continuity of operations during the absence of Departmental staff, and (c) provisions for proper procedures to be put in place to ensure that appropriate staff perform their budgeting and grant management functions effectively and efficiently. The provisions contained in the policies directly address audit findings that the City has received in the past from the State Controller’s Office as well as from its external auditors, Eadie and Payne, LLP.
Additionally, the Standard Operating Manual policies, and other financial policies and procedures currently in place to address these issues were not sufficient and they will be appended or replaced with the attached policies. Per our review there were no existing policies that were previously adopted by the City Council that addressed these needs and therefore these do not conflict with already adopted policies on these matters.
Background:
Per the City’s FY2019 Single Audit Report, Finding No. 2014-108B is stated as follows:
12. Staff Report – Resolution Receive and File Internal Control Policies March 15, 2022, page 2 of 10
#2014-108B: Policies and Procedures (General Applications) (MW) Recommendation: We recommend that the City continue to review and update its Administrative Policies and Procedures manuals to ensure consistency with current processes and organizational structure; and perform periodic and ongoing reviews to ensure proper documentation, accuracy, and completeness in its financial transactions and records. When completed, the updated Administrative Policies and Procedures manuals should be readily available to all responsible employees.
The manuals should clearly state the authority and responsibility of all employees, especially the authority to authorize transactions and the responsibility for the safekeeping of assets and records.
This audit finding and recommendation demonstrated the need for the implementation of policies affecting internal controls.
Other findings and recommendations listed in the FY2019 Single Audit report demonstrate the need for many of the provisions contained in these policies, such as having succession planning procedures, as well as how to avoid inciting repeated or new audit findings in the future. Other specific audit finding recommendations are listed below according to their finding number, which has been obtained from the FY2019 Single Audit report:
#2014-072B – Commitment to Competence (SD):
Recommendation: We recommend that the City implement a remedial action plan to adequately staff the departments that are short on staff. In addition, we recommend that the City implement policies to address the importance of experience and proper training of back-up staff when regular staff members are not available.
#2014-074B – Commitment to Competence (SD):
Recommendation: We recommend that the City implement a remedial action plan to adequately staff the departments. Most importantly, the City Controller’s Office should be staffed with qualified and experienced individuals who can contribute immediately to the performance of its accounting functions. In addition, we recommend that the City implement policies to address the importance of experience and proper training of back-up staff when regular staff member are not available.
Staff Report – Resolution Receive and File Internal Control Policies March 15, 2022, page 3 of 10
Inexperienced staff may cause material impact in the City’s operations in terms of incurring additional costs, delaying the processing of financial transactions, and failing to keep City Management and the City Council updated with accurate information.
#2014-083B – Management Philosophy and Operating Style (SD):
Recommendation: The SCO recommends that the City evaluate its hiring practices for its upper management positions. In addition, we recommend that the City develop a succession plan that will help it to ensure continued leadership even during management turnover.
#2014-093B – Assignment of Authority and Responsibility (MW):
Recommendation: We recommend that the City assess its current processes and implement policies and procedures to segregate incompatible functions. #2014-100B – Risk Identification (MW)
Recommendation: We recommend that the City start doing risk assessments to be able to identify and properly address risks.
#2014-101B: Risk Identification (SD)
Recommendation: We recommend that the City put mechanisms in place to aid in anticipating, identifying, and reacting to routine events that affect the achievement of objectives.
#2014-107B: Policies and Procedures (General Applications) (MW) Recommendation: We recommend that the City update its formal Policy and Procedures manual to incorporate the recently implemented internal control procedures, and complete these updates as soon as possible. #2014-108B: Policies and Procedures (General Applications) (MW) Recommendation: We recommend that the City continue to review and update its Administrative Policies and Procedures manuals to ensure consistency with current processes and organizational structure; and perform periodic and ongoing reviews to ensure proper documentation, accuracy, and completeness in its financial transactions and records.
Staff Report – Resolution Receive and File Internal Control Policies March 15, 2022, page 4 of 10
When completed, the updated Administrative Policies and Procedures manuals should be readily available to all responsible employees. The manuals should clearly state the authority and responsibility of all employees, especially the authority to authorize transactions and the responsibility for the safekeeping of assets and records.
#2014-111B: Common Categories of Control Activity (MW)
Recommendation: We recommend that the City assess its current processes and implement policies and procedures to segregate incompatible functions. #2014-114B: – Common Categories of Control Activities (MW) Recommendation: We recommend that City Management and department heads evaluate if proper segregation of duties are in place. If not, mitigating controls should be developed and implemented to decrease the risk of error or inappropriate actions.
#2015-115B: – Common Categories of Control Activities (SD) Recommendation: We recommend that the City continue to review and update its Administrative Policies and Procedures manuals to ensure consistency with current processes and organizational structure; and perform periodic and ongoing reviews to ensure proper documentation, accuracy, and completeness in its financial transactions and records.
#2014-117B: – Information (SD)
Recommendation: We recommend that City Management communicate and manifest the importance of timely communication in the policies and employee manuals.
#2014-122B – Communication (BP)
Recommendation: We recommend that the City has forms and means of communication in place to be able to communicate important information with employees and others.
#2014-130B – On-Going Monitoring (BP):
Recommendation: We recommend that the City have periodic internal control meetings with employees to gain insights of the employees’ perspective and get some feedback.
Staff Report – Resolution Receive and File Internal Control Policies March 15, 2022, page 5 of 10
#2014-134B – Separate Evaluation (MW):
Recommendation: We recommend that any deficiencies found during internal audit evaluations are promptly resolved to reduce the risk of subsequent effects. #2014-136B – Report Deficiencies (SD):
Recommendation: We recommend that issues and deficiencies are directly communicated to the responsible personnel and elevated to someone at least a level higher.
#2019-017: – Interfund Balances (SD)
Recommendation: The City should establish policies and procedures over interfund balances, train and designate staff track interfund balances, and ensure these balances are tracked and reconciled timely.
#2014-057A: SCO Finding 16 – The City lacks adequate staff performing critical functions
Recommendation: The SCO recommended that the City implement a remedial action plan to adequately staff the noted departments. Most importantly, the City Controller's Office should be staffed with qualified and experienced individuals who can contribute immediately to the performance of its accounting functions. In addition, the SCO recommended that the City implement policies to address the importance of experience and proper training of back-up staff when regular staff members are not available. Inexperienced staff may cause material impact in the City's operations in terms of incurring additional costs, delaying the processing of financial transactions, and failing to keep City Management and the City Council updated with accurate information.
#2014-062A: – Turnover and Lack of Consistent Leadership (MW) Recommendation: In line with SCO’s comment, we recommend the City evaluate its hiring practices for its upper management positions. In addition, the City should develop a succession plan that will help it to ensure continued leadership even during management turnover.
Staff Report – Resolution Receive and File Internal Control Policies March 15, 2022, page 6 of 10
#0214-071B: – Integrity and Ethical Values (MW)
Recommendation: We recommend that the City implement a remedial action plan to adequately staff the departments that are short on staff. In addition, we recommend that the City implement policies to address the importance of experience and proper training of back-up staff when regular staff members are not available.
#2019, #2018-001, #2017-001, #2016-002, #2015-003, & #2014-005: – Reporting (MW, NC)
Recommendation: The City should strengthen its process over the preparation of its reports to ensure the reports are based on the applicable accounting and performance records. They should ensure that these reports are not only prepared, but also reviewed for accuracy and completeness prior to submission. The City should have a process to ensure that all required reports are prepared, reviewed, and submitted on a timely basis.
#2019-002, #2018-002, #2017-002: – Program Income – Identification, Determination, Assessment, and Recording (MW, NC)
Recommendation: We recommend that the City strengthen their procedures in relation to identifying, determining, assessing, and recording program income. The City should have procedures in place to accurately identify program income as they are received and are appropriately recorded in the CDBG fund as such and into IDIS. The City should ensure that program income received should be applied first.
#2014-062A: – Turnover and Lack of Consistent Leadership (MW) Recommendation: In line with SCO’s comment, we recommend the City evaluate its hiring practices for its upper management positions. In addition, the City should develop a succession plan that will help it to ensure continued leadership even during management turnover.
#2019-028, #2015-015, #2015-016, & #2014-031: – Cash Disbursements – Payments Based on Quotes (SD)
Recommendation: The City should strengthen its review procedures and provide necessary training for staff emphasizing the need to scrutinize invoices for accuracy. Any discrepancies should be resolved with the vendor prior further processing the invoice for payment. The City should strengthen its procurement policies and internal controls over cash disbursements and closely monitor staff adherence.
Staff Report – Resolution Receive and File Internal Control Policies March 15, 2022, page 7 of 10
#2019-029: – Procurement Policy (SD, NC)
Recommendation: We recommend the City establish an official written policy for procurement and contracting and Conflict of Interest Code that are in line with the requirements of the Uniform Guidance. The policy should contain components for compliance with and references to federal requirements, such as language establishing contract files that document significant procurement history; methods of procurement authorized including selection of contract type, contractor selection or rejection, and the basis of contract price; verification that procurements provide full and open competition; requirements for cost or price analysis, including for contract modifications. The City should therefore strengthen its procurement internal controls based on this official written policy. #2019-030: – Procurement – Requests for Proposal (RFP) Documentation (SD, NC)
Recommendation: The City should implement procedures to file and maintain all procurement records in a centralized location in a timely manner. #2019-005 & #2018-007: – Reporting (MW, NC)
Recommendation: We recommend the City establish policies and procedures that will ensure accurate and timely submission of all required reports. #2019-007, #2018-011: – Filing of Single Audit Report (MW, NC) Recommendation: We recommend that the City bring its accounting records up to date and have financial statement and Single Audits prepared timely. We also recommend the City develop, document, and implement policies and procedures for timely submission of the Single Audit Reporting Package. #2019-008: – Schedule of Expenditures of Federal Awards (Schedule) Preparation (MW, NC)
Recommendation: We recommend the City include the amounts provided to subrecipients information in the SEFA. We also recommend that the City implement grant award tracking procedures, which provide information on which expenditures were drawn down from which grant award ID for an accurate reporting of the breakdown of expenditures.
#2018-012: – Schedule of Expenditures of Federal Awards (Schedule) Preparation (MW, NC)
Recommendation: We recommend the City include the amounts provided to subrecipients information in the SEFA.
Staff Report – Resolution Receive and File Internal Control Policies March 15, 2022, page 8 of 10
We also recommend that the City implement grant award tracking procedures, which provide information on which expenditures were drawn down from which grant award ID for an accurate reporting of the breakdown of expenditures. #2018-018: – Grants Receivable (MW)
Recommendation: Procedures over accounting for grants should be strengthened in order to accurately present grant activity and the related grant receivable and unearned revenue account balances. The City should implement a process, where all grant-related schedules are prepared and maintained, subject to detailed regular review and approval throughout the year.
#2015-021: – Construction in Progress – Lack of Status Reports (SD) Recommendation: The City should strengthen review procedures for invoices to ensure that City is only paying for actual work performed by contractors. #2015-022: – Construction in Progress – Retentions (SD) Recommendation: The City should strengthen review procedures for invoices. Also, construction in progress should be separately tracked to ensure that all retention liabilities are properly recorded, tracked, and cleared as appropriate. #2015-023: – Retentions Payable (SD)
Recommendation: The City should establish procedures, assign staff, and provide adequate training to properly record and track retention payable. The City should establish policies and procedures to ensure that when an invoice for a retention is paid, the retention payable is relieved in the same period. #2015-026: – Accruals (SD)
Recommendation: Review of year end balances would have allowed the City to discover the error due to the unusual balance in one account and a zero change from one year to the other.
#2015-036: – Accounts Receivable – Supporting Documentation (SD) Recommendation: The City should establish and implement a systematic filing system, as well as a document retention policy.
#2019-032: – Lack of Budgeted Fund Balances (MW)
Recommendation: We recommend the City strengthen their procedures in place in relation to the budgetary process and conduct necessary training to those involved. #2018-031: – Payables and Expenses – Special Revenue Funds Expenditures are not Budgeted (MW)
Staff Report – Resolution Receive and File Internal Control Policies March 15, 2022, page 9 of 10
Recommendation: We recommend the City review all active funds and for current activities and include them in the annual budget for appropriations and monitoring of expenditures. The City should update their policies and procedures for annual budget preparations.
#2014-062A: – Turnover and Lack of Consistent Leadership (MW) Recommendation: In line with SCO’s comment, we recommend the City evaluate its hiring practices for its upper management positions. In addition, the City should develop a succession plan that will help it to ensure continued leadership even during management turnover.
#2019-012, #2018-016: – Notes and Loans Receivable (MW) Recommendation: The City should develop and implement procedures for reviewing general account balances in detail regularly throughout the year in addition to implementing a centralized note and loan schedules for an accurate tracking and reconciliation of balances.
#2018-019: – Utilities Allowance for Doubtful Accounts (SD) Recommendation: The City should implement and maintain procedures to periodically review balance sheet general ledger accounts to ensure that balances are properly adjusted. We recommend the City establish procedures in place to promptly identify uncollectible accounts and perform collection attempts. #2015-036: – Accounts Receivable – Supporting Documentation (SD) Recommendation: The City should establish and implement a systematic filing system, as well as a document retention policy.
STATEMENT OF THE ISSUE:
Each of these finding numbers and recommendations display deviation from at least one of the five elements of proper internal control. The five elements of proper internal controls are (1) Control Environment, (2) Monitoring Activities, (3) Risk Assessment, (4) Control Activities, and (5) Information and Communication. The provisions in these policies, if implemented properly by staff, will help minimize risk for the City as they cover a wide array of situations that pose a risk to proper internal control and the City’s financial position and operations. It is also important to know that policies may need to change to keep up with current environment or any unforeseen circumstances.
Staff Report – Resolution Receive and File Internal Control Policies March 15, 2022, page 10 of 10
Additionally, training will be provided to staff so that they can understand the various provisions of the policy.
FISCAL IMPACT:
The fiscal impact of these policies is to improve the City’s internal controls surrounding Budgeting and Grant Management controls for greater monitoring, information and communication, control environment, control activities, and risk assessment. When these internal controls are improved the result will be a more favorable impact on the financial position of the City. Additionally, when these policies are fully implemented, a result of having less audit findings will be expected.
ALTERNATIVE:
The result of not receiving and filing these policies would be the continuance of not having sufficient guidance for staff for proper internal control policies and procedures in the areas of Budgeting and Grant Management. This would result in reoccurrence of audit findings.
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution to receive and file the attached policies.
SHARON RAHBAN NAVIZADEH,
CITY CONTROLLER
APPROVED FOR FORWARDING:
RONERICK SIMPSON
CITY MANAGER
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON TO
RECEIVE AND FILE INTERNAL CONTROL POLICIES RELATING TO
BUDGETING AND GRANT MANAGEMENT PRACTICES
WHEREAS, Adoption of this resolution will authorize a Budgeting and Grants Management Policy to be accepted and implemented by City staff. The policy exhibits internal control practices to provide greater control over the Budgeting and Grants Management practices that are performed across various City departments.
WHEREAS, The City Controller’s Department has prepared a Budgeting and Grants Management policy to address deficiencies and weaknesses in internal controls surrounding Budgeting and Grants Management practices that are performed within various departments of the City. These policies which are attached as Exhibits A and B include (a) provisions for proper separation of duties to avoid conflicts of interest, (b) provisions for methods to ensure continuity of operations during the absence of Departmental staff, and (c) provisions for proper procedures to be put in place to ensure that appropriate staff perform their budgeting and grant management functions effectively and efficiently. The provisions contained in the policies directly address audit findings that the City has received in the past from the State Controller’s Office as well as from its external auditors, Eadie and Payne, LLP.
WHEREAS, Additionally, the Standard Operating Manual policies, and other financial policies and procedures currently in place to address these issues were not sufficient and they will be appended or replaced with the attached policies. Per our review there were no existing policies that were previously adopted by the City Council that addressed these needs and therefore these do not conflict with already adopted policies on these matters.
WHEREAS, Per the City’s FY2019 Single Audit Report, Finding No. 2014-108B is stated as follows:
#2014-108B: Policies and Procedures (General Applications) (MW) Criteria: Control activities are regularly evaluated to ensure that they are still appropriate and working as intended.
Condition: Outside the City Controller's Office, most of the employees that the SCO interviewed were unaware of control activities in place or how they are being applied.
Recommendation: We recommend that the City continue to review and update its Administrative Policies and Procedures manuals to ensure consistency with current processes and organizational structure; and perform periodic and ongoing reviews to ensure proper documentation, accuracy, and completeness in its financial transactions and records. When completed, the updated Administrative Policies and Procedures manuals should be readily available to all responsible employees. The manuals should clearly state the authority and responsibility of all employees, especially the authority to authorize transactions and the responsibility for the safekeeping of assets and records.
WHEREAS, This audit finding and recommendation demonstrated the need for the implementation of policies affecting internal controls.
WHEREAS, Other findings and recommendations listed in the FY2019 Single Audit report demonstrate the need for many of the provisions contained in these policies, such as having succession planning procedures, as well as how to avoid inciting repeated or new audit findings in the future. Other specific audit finding recommendations are listed below according to their finding number, which has been obtained from the FY2019 Single Audit report:
Resolution No. _______
#2014-072B – Commitment to Competence (SD):
Recommendation: We recommend that the City implement a remedial action plan to adequately staff the departments that are short on staff. In addition, we recommend that the City implement policies to address the importance of experience and proper training of back-up staff when regular staff members are not available. #2014-074B – Commitment to Competence (SD):
Recommendation: We recommend that the City implement a remedial action plan to adequately staff the departments. Most importantly, the City Controller’s Office should be staffed with qualified and experienced individuals who can contribute immediately to the performance of its accounting functions. In addition, we recommend that the City implement policies to address the importance of experience and proper training of back-up staff when regular staff member are not available. Inexperienced staff may cause material impact in the City’s operations in terms of incurring additional costs, delaying the processing of financial transactions, and failing to keep City Management and the City Council updated with accurate information. #2014-083B – Management Philosophy and Operating Style (SD):
Recommendation: The SCO recommends that the City evaluate its hiring practices for its upper management positions. In addition, we recommend that the City develop a succession plan that will help it to ensure continued leadership even during management turnover.
#2014-093B – Assignment of Authority and Responsibility (MW):
Recommendation: We recommend that the City assess its current processes and implement policies and procedures to segregate incompatible functions. #2014-100B – Risk Identification (MW)
Recommendation: We recommend that the City start doing risk assessments to be able to identify and properly address risks.
#2014-101B: Risk Identification (SD)
Recommendation: We recommend that the City put mechanisms in place to aid in anticipating, identifying, and reacting to routine events that affect the achievement of objectives.
#2014-107B: Policies and Procedures (General Applications) (MW) Recommendation: We recommend that the City update its formal Policy and Procedures manual to incorporate the recently implemented internal control procedures, and complete these updates as soon as possible. #2014-108B: Policies and Procedures (General Applications) (MW) Recommendation: We recommend that the City continue to review and update its Administrative Policies and Procedures manuals to ensure consistency with current processes and organizational structure; and perform periodic and ongoing reviews to ensure proper documentation, accuracy, and completeness in its financial transactions and records. When completed, the updated Administrative Policies and Procedures manuals should be readily available to all responsible employees. The manuals should clearly state the authority and responsibility of all employees, especially the authority to authorize transactions and the responsibility for the safekeeping of assets and records.
Resolution No. ____________
#2014-111B: Common Categories of Control Activity (MW)
Recommendation: We recommend that the City assess its current processes and implement policies and procedures to segregate incompatible functions. #2014-114B: – Common Categories of Control Activities (MW) Recommendation: We recommend that City Management and department heads evaluate if proper segregation of duties are in place. If not, mitigating controls should be developed and implemented to decrease the risk of error or inappropriate actions. #2015-115B: – Common Categories of Control Activities (SD) Recommendation: We recommend that the City continue to review and update its Administrative Policies and Procedures manuals to ensure consistency with current processes and organizational structure; and perform periodic and ongoing reviews to ensure proper documentation, accuracy, and completeness in its financial transactions and records.
#2014-117B: – Information (SD)
Recommendation: We recommend that City Management communicate and manifest the importance of timely communication in the policies and employee manuals. #2014-122B – Communication (BP)
Recommendation: We recommend that the City has forms and means of communication in place to be able to communicate important information with employees and others.
#2014-130B – On-Going Monitoring (BP):
Recommendation: We recommend that the City have periodic internal control meetings with employees to gain insights of the employees’ perspective and get some feedback. #2014-134B – Separate Evaluation (MW):
Recommendation: We recommend that any deficiencies found during internal audit evaluations are promptly resolved to reduce the risk of subsequent effects. #2014-136B – Report Deficiencies (SD):
Recommendation: We recommend that issues and deficiencies are directly communicated to the responsible personnel and elevated to someone at least a level higher.
#2019-017: – Interfund Balances (SD)
Recommendation: The City should establish policies and procedures over interfund balances, train and designate staff track interfund balances, and ensure these balances are tracked and reconciled timely.
#2014-057A: SCO Finding 16 – The City lacks adequate staff performing critical functions
Recommendation: The SCO recommended that the City implement a remedial action plan to adequately staff the noted departments. Most importantly, the City Controller's Office should be staffed with qualified and experienced individuals who can contribute immediately to the performance of its accounting functions. In addition, the SCO recommended that the City implement policies to address the importance of experience and proper training of back-up staff when regular staff members are not available.
Inexperienced staff may cause material impact in the City's operations in terms of incurring additional costs, delaying the processing of financial transactions, and failing to keep City Management and the City Council updated with accurate information.
Resolution No. _______
#2014-062A: – Turnover and Lack of Consistent Leadership (MW) Recommendation: In line with SCO’s comment, we recommend the City evaluate its hiring practices for its upper management positions. In addition, the City should develop a succession plan that will help it to ensure continued leadership even during management turnover.
#0214-071B: – Integrity and Ethical Values (MW)
Recommendation: We recommend that the City implement a remedial action plan to adequately staff the departments that are short on staff. In addition, we recommend that the City implement policies to address the importance of experience and proper training of back-up staff when regular staff members are not available. #2019, #2018-001, #2017-001, #2016-002, #2015-003, & #2014-005: – Reporting (MW, NC)
Recommendation: The City should strengthen its process over the preparation of its reports to ensure the reports are based on the applicable accounting and performance records. They should ensure that these reports are not only prepared, but also reviewed for accuracy and completeness prior to submission. The City should have a process to ensure that all required reports are prepared, reviewed, and submitted on a timely basis.
#2019-002, #2018-002, #2017-002: – Program Income – Identification, Determination, Assessment, and Recording (MW, NC)
Recommendation: We recommend that the City strengthen their procedures in relation to identifying, determining, assessing, and recording program income. The City should have procedures in place to accurately identify program income as they are received and are appropriately recorded in the CDBG fund as such and into IDIS.
The City should ensure that program income received should be applied first. #2014-062A: – Turnover and Lack of Consistent Leadership (MW) Recommendation: In line with SCO’s comment, we recommend the City evaluate its hiring practices for its upper management positions. In addition, the City should develop a succession plan that will help it to ensure continued leadership even during management turnover.
#2019-028, #2015-015, #2015-016, & #2014-031: – Cash Disbursements – Payments Based on Quotes (SD)
Recommendation: The City should strengthen its review procedures and provide necessary training for staff emphasizing the need to scrutinize invoices for accuracy.
Any discrepancies should be resolved with the vendor prior further processing the invoice for payment. The City should strengthen its procurement policies and internal controls over cash disbursements and closely monitor staff adherence. #2019-029: – Procurement Policy (SD, NC)
Recommendation: We recommend the City establish an official written policy for procurement and contracting and Conflict of Interest Code that are in line with the requirements of the Uniform Guidance. The policy should contain components for compliance with and references to federal requirements, such as language establishing contract files that document significant procurement history; methods of procurement authorized including selection of contract type, contractor selection or rejection, and the basis of contract price; verification that procurements provide full and open competition; requirements for cost or price analysis, including for contract modifications. The City should therefore strengthen its procurement internal controls based on this official written policy.
Resolution No. _______
#2019-030: – Procurement – Requests for Proposal (RFP) Documentation (SD, NC) Recommendation: The City should implement procedures to file and maintain all procurement records in a centralized location in a timely manner. #2019-005 & #2018-007: – Reporting (MW, NC)
Recommendation: We recommend the City establish policies and procedures that will ensure accurate and timely submission of all required reports. #2019-007, #2018-011: – Filing of Single Audit Report (MW, NC) Recommendation: We recommend that the City bring its accounting records up to date and have financial statement and Single Audits prepared timely. We also recommend the City develop, document, and implement policies and procedures for timely submission of the Single Audit Reporting Package.
#2019-008: – Schedule of Expenditures of Federal Awards (Schedule) Preparation (MW, NC)
Recommendation: We recommend the City include the amounts provided to subrecipients information in the SEFA. We also recommend that the City implement grant award tracking procedures, which provide information on which expenditures were drawn down from which grant award ID for an accurate reporting of the breakdown of expenditures.
#2018-012: – Schedule of Expenditures of Federal Awards (Schedule) Preparation (MW, NC)
Recommendation: We recommend the City include the amounts provided to subrecipients information in the SEFA. We also recommend that the City implement grant award tracking procedures, which provide information on which expenditures were drawn down from which grant award ID for an accurate reporting of the breakdown of expenditures.
#2018-018: – Grants Receivable (MW)
Recommendation: Procedures over accounting for grants should be strengthened in order to accurately present grant activity and the related grant receivable and unearned revenue account balances. The City should implement a process, where all grantrelated schedules are prepared and maintained, subject to detailed regular review and approval throughout the year.
#2015-021: – Construction in Progress – Lack of Status Reports (SD) Recommendation: The City should strengthen review procedures for invoices to ensure that City is only paying for actual work performed by contractors. #2015-022: – Construction in Progress – Retentions (SD) Recommendation: The City should strengthen review procedures for invoices. Also, construction in progress should be separately tracked to ensure that all retention liabilities are properly recorded, tracked, and cleared as appropriate. #2015-023: – Retentions Payable (SD)
Recommendation: The City should establish procedures, assign staff, and provide adequate training to properly record and track retention payable. The City should establish policies and procedures to ensure that when an invoice for a retention is paid, the retention payable is relieved in the same period.
Resolution No. _______
#2015-026: – Accruals (SD)
Recommendation: Review of year end balances would have allowed the City to discover the error due to the unusual balance in one account and a zero change from one year to the other.
#2015-036: – Accounts Receivable – Supporting Documentation (SD) Recommendation: The City should establish and implement a systematic filing system, as well as a document retention policy.
#2019-032: – Lack of Budgeted Fund Balances (MW)
Recommendation: We recommend the City strengthen their procedures in place in relation to the budgetary process and conduct necessary training to those involved. #2018-031: – Payables and Expenses – Special Revenue Funds Expenditures are not Budgeted (MW)
Recommendation: We recommend the City review all active funds and for current activities and include them in the annual budget for appropriations and monitoring of expenditures. The City should update their policies and procedures for annual budget preparations.
#2014-062A: – Turnover and Lack of Consistent Leadership (MW) Recommendation: In line with SCO’s comment, we recommend the City evaluate its hiring practices for its upper management positions. In addition, the City should develop a succession plan that will help it to ensure continued leadership even during management turnover.
#2019-012, #2018-016: – Notes and Loans Receivable (MW) Recommendation: The City should develop and implement procedures for reviewing general account balances in detail regularly throughout the year in addition to implementing a centralized note and loan schedules for an accurate tracking and reconciliation of balances.
#2018-019: – Utilities Allowance for Doubtful Accounts (SD) Recommendation: The City should implement and maintain procedures to periodically review balance sheet general ledger accounts to ensure that balances are properly adjusted. We recommend the City establish procedures in place to promptly identify uncollectible accounts and perform collection attempts. #2015-036: – Accounts Receivable – Supporting Documentation (SD) Recommendation: The City should establish and implement a systematic filing system, as well as a document retention policy.
WHEREAS, Each of these finding numbers and recommendations display deviation from at least one of the five elements of proper internal control. The five elements of proper internal controls are (1) Control Environment, (2) Monitoring Activities, (3) Risk Assessment, (4) Control Activities, and (5) Information and Communication. The provisions in these policies, if implemented properly by staff, will help minimize risk for the City as they cover a wide array of situations that pose a risk to proper internal control and the City’s financial position and operations. It is also important to know that policies may need to change to keep up with current environment or any unforeseen circumstances.
Resolution No. ___________
WHEREAS, Training will be provided to staff so that they can understand the various provisions of the policy.
WHEREAS, The fiscal impact of these policies is to improve the City’s internal controls surrounding Budgeting and Grant Management controls for greater monitoring, information and communication, control environment, control activities, and risk assessment. When these internal controls are improved the result will be a more favorable impact on the financial position of the City. Additionally, when these policies are fully implemented, a result of having less audit findings will be expected.
WHEREAS, The result of not receiving and filing these policies would be the continuance of not having sufficient guidance for staff for proper internal control policies and procedures in the areas of Budgeting and Grant Management. This would result in reoccurrence of audit findings.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the City Council receive and file the attached policies.
Section 2. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Attorney, City Manager, and City Controller.
Section 3. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ____________ day of _____________, 2022.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on this ____ day of ______, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCILMEMBERSNOES: COUNCILMEMBERSABSTAIN: COUNCILMEMBERSABSENT: COUNCILMEMBERS- ____________________________________
CITY CLERK OF THE CITY OF COMPTON
1 Grants
Section 1: Purpose............................................................................................................................3 Section 2: Applicability and Definitions Applicability ...................................................................3 Applicability ...............................................................................................................................3 Definitions...................................................................................................................................3 Section 3: General Policy ................................................................................................................4 Section 4: Responsibilities...............................................................................................................4 Section 5: Grant Application Approval ...........................................................................................9 Section 6: Budgeting......................................................................................................................10 Section 7: Grant Award .................................................................................................................11 A. Grant Coding................................................................................................................11 B. Grant Revenue .............................................................................................................12 C. Grant Expenditures ......................................................................................................14 D. Grant Reconciliation ....................................................................................................14 Section 8 : Grant Recording with the use of specific software or modules...................................16 Section 9 : Grant Closeout .............................................................................................................16 Section 10 : Audits.........................................................................................................................17 Section 11 : Federal Grant Requirements ......................................................................................17 Allowable Costs........................................................................................................................18 Cost Matching...........................................................................................................................19 Procurement ..............................................................................................................................20 Competition...............................................................................................................................21 Methods of Procurement...........................................................................................................22 2 Contracting with Small Minority Owned Businesses...............................................................24 Contract Cost and Price ............................................................................................................24 Federal Awarding Agency or Pass through Entity review........................................................24 Contract Provisions...................................................................................................................25 Prohibition of Geographical Preferences..................................................................................26 Suspended and Debarred Parties...............................................................................................26 Sub-Recipients ..........................................................................................................................27 Determination of Sub-Recipients vs. Contractor......................................................................28 Indirect Costs .....................................................................................................................29 Capital Expenditures.................................................................................................................29 Depreciation.......................................................................................................................30 Exhibit 1: Grant Application Checklist..........................................................................................31 3 SECTION I: PURPOSE
Grants are typically awarded through an application process by a government department, non-profit, or private entity to fund specific projects or programs. They normally have specific restrictions on spending of the grant money and require some level of compliance and reporting. The restrictions and requirements are spelled out in a grant agreement or grant contract, signed by both the grant recipient (grantee) and the granting agency (grantor). Grantors often have the right to take back the grant resources if the specific requirements of the grant are not met. In order to receive a grant, some form of proposal or application is usually required. Often, a grant budget is included in the application and the grantee is required to adhere to this budget when approved by grantor. Grants also normally have specific term to limit spending in a definite time period and the grant will expire at a certain date unless an extension is authorized by the grantor. The purpose of this policy is to consolidate procedures and responsibilities to streamline the grant process.
SECTION 2: APPLICABILITY AND DEFINITIONS
APPLICABILITY
While implementing this policy, City staff are expected to fully adhere to the Purchasing, Accounts Payable, Budgeting, Payroll, Inventory, Fleet Management, Contract Management, Document Retention, Cash Receipts, and Fixed Assets policy of the City. Additionally, if there are any other City policies governing the internal controls or handling of any other City assets that are related to any grants, then those policies must also be adhered to in conjunction with this grants policy. Compliance with this policy is subject to review at any time by internal or external auditors. It is the responsibility of all City staff members (and their managers) to implement and adhere to all internal controls and procedures stated in this policy.
DEFINITIONS
Initiating Department – the department applying for the grant. If multiple departments are involved, one department must be designated the Initiating Department.
Granting Agency - The organization, whether it be state, federal, or private that is allocating funds for specific projects or purposes.
Grant Application - A completed form used for requesting funds from state, federal, or private sources to perform a specific project.
Grant Budget – A budget that is usually approved through the Grant Application, which is usually separate from the organizational budget. Grant Budget demonstrates how grant funds will be utilized.
Grant Contract – The document that details the grantee's legal responsibilities once the grant is accepted.
Grant Match – Defined as the grantee’s share of costs required to contribute to the purpose of the grant. Terms and requirements of the Grant Match are usually specified in the Grant Contract.
Other Affected Departments – Those departments other than the Initiating Department that will have to provide personnel, equipment, or facility resources for the project identified in the grant application. 4 Catalog of federal Domestic Assistance (CFDA) numbers - CFDA numbers are important for reporting grants in the City’s annual Schedule of Expenditures of federal Awards (SEFA) and information gathering for the purpose of the annual Single Audit. The CFDA number should be obtained from the funding agency. A CFDA number is a 5-digit number, e.g. 14218 for Community Development Block Grants.
The first two digits represent the federal department: 14 = Department of Housing & Urban Development (HUD), 93 = Department of Health & Human Services (HHS), etc.
Pass-through Grants – resources received by one governmental entity to transfer to or spend on behalf of a secondary recipient.
Protected PII - an individual's first name or first initial and last name in combination with any one or more of types of information, including, but not limited to, social security number, passport number, credit card numbers, clearances, bank numbers, biometrics, date and place of birth, mother's maiden name, criminal, medical and financial records, educational transcripts. This does not include PII that is required by law to be disclosed.
SECTION 3: GENERAL POLICY
At all times, City staff who participate in any part of the grant cycle (from grant application to final close-out and audit) must act ethically, honestly and must make arrangements to be knowledgeable, organized, efficient, and effective in following granting agency requirements (including laws, regulations, and the provisions of contracts or grant agreements), while applying for grants, executing grant programs, closing out grants, and while participating in grant audits. This includes maintaining an evolving understanding of grant contract (or granting agency) requirements and maintaining sufficient documentation to support and illustrate the City’s adherence to those requirements. This must be done while also adhering to the City’s own financial policies. City staff must not conduct City business in a way that would foreseeably jeopardize or obstruct the accessibility of future grants from any granting agency.
SECTION 4: RESPONSIBILITIES
The following represents the responsibilities of various City staff or divisions in implementing the Grants policy:
1. The City Controller, the Grants Compliance Manager if applicable, or designee, responsibilities include:
i. Creating a fund, program/budget unit and/or project code for each separate grant upon the receipt of an approved grant agreement and approved grant budget a) A revenue ledger and expenditure ledger shall be created for each grant within the program or project code to track grant revenues and expenses as well as their related budgets
b) Grant related balance sheet accounts or funds may also be created and used to track grant cash, investments, fixed assets, etc… if necessary or required by the granting agency.
ii. Allocate sufficient resources for City Controller Department and departmental staff 5 training regarding grant processing and audit requirements a) Monitor other department’s grant training annually and follow up to insist on additional training if deficiencies in understanding about the grant process are found.
iii. Reviewing the finance related and audit requirements from all grant agreements in order to assist departments with expense and revenue tracking, reporting, grant related procurement, purchasing and disbursements, cash receipts, equipment and fixed asset tracking, and to assist with making sufficient preparations to pass grant audits iv. Having in place a mechanism to efficiently and effectively track grant related expenses, revenues, budgets, equipment, fixed assets, procurement procedures, and sub-recipient transactions, including (sub-)recipient eligibility checks or site visits, if applicable. v. Maintaining a schedule of grant period end dates and following up with Initiating Departments regarding grant close-out procedures while those grant period end dates are approaching
vi. Assisting Initiating Departments with many of the mandatory grant financial reports, and follow up on status of submission of non-financial reports vii. Notifying Initiating Departments if a grant audit has exposed any management letter comments, findings, or expenses that are deemed ineligible that are related to the grant. viii. Clear general ledger accounts for expired and old grants. ix. Prepare appropriate financial statements, including the Schedule of Expenditures of Federal Awards (SEFA)
x. Make sure that the single audit package is transmitted to the State and Federal agencies when completed each fiscal year.
xi. Follow up and take corrective action on any audit findings related to or affecting grants xii. Have a back-up protocol to ensure continuity and timeliness of operations during vacations and other leaves.
xiii. Must actively participate in and support the implementation of the internal controls contained in this policy, and immediately follow up if deviation is suspected, in order to avoid the appearance and existence of fraud, misappropriation of City or grant related assets, or of conflicts of interest.
xiv. Additional responsibilities are stated in the remaining sections within this policy.
2. All City staff members responsibilities in relation to the Grant cycle include:
a) Understanding and adhering to all City financial policies b) Seeking and participating in training regarding grant policies, procedures, and audit preparation.
c) Charging payroll hours to grant codes if allowable and appropriate, and making sure those hours get reviewed and approved by the appropriate supervisor on the City 6 timesheet
d) Take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or pass-through entity designates as sensitive or the non-Federal entity considers sensitive consistent with applicable Federal, State, local, and tribal laws regarding privacy and responsibility over confidentiality. e) Have a back-up protocol to ensure continuity and timeliness of operations during vacations and other leaves.
f) Must actively participate in and support the implementation of the internal controls contained in this policy, and immediately follow up if deviation is suspected, in order to avoid the appearance and existence of fraud, misappropriation of City or grant related assets, or of conflicts of interest.
g) Additional responsibilities are stated in the remaining sections within this policy.
3. Department Head (including the CM, ACM(s), City Controller, and Grants Compliance Manager, if applicable) or designees, such as Program Managers and Supervisors initiating grants have responsibilities that shall include:
a) Providing copies of the signed grant agreement to other affected departments. b) Contacting the City Controller or designee who will provide a grant number/budget unit code/ or project code
c) Properly coding all expenditures (including payroll), matching requirements and tracking, applying for reimbursements, and submitting required reports listed in the Grant Contract.
1. Reimbursement claims/bills need to be sent to grantors at least on a quarterly basis, unless otherwise defined in Grant Contract.
d) Reviewing and approving time charged to grants for allowability and appropriateness e) Requesting that the funding agency provide an extension of the grant period in order to use up any unused funds and finish grant projects when applicable
1. Once the extension is approved, the department should notify the City Controller Department and provide applicable supporting documentation to the City Controller or designee.
f) Maintaining efficient and effective communication with the grantors to make sure grant reimbursement claims get sent to the correct location.
1. Making sure to find out from the grantors when grant reimbursements or advance checks are expected to be received, and to provide the grantors with the appropriate City address (or City direct deposit or wire banking information) that will accept those payments in an efficient and effective manner.
g) Ensure that staff participating in the execution of the grant objectives have received proper training on grant policies, procedures, and on grant audits. h) Making sure all sub-recipients of grant funds have met all grant eligibility and allowability requirements before approving or initiating payments to sub-recipients. 7 1. The Initiating City department should bill the granting agency in a timely manner for all eligible grant
expenditures. Revenue sources (e.g. federal, state,
private, etc.) must be reported and recorded
consistently. As soon as the funding agency is billed for reimbursement, the Initiating Department Head or
designee shall notify the Accounting Division as the
receivable should be accrued and revenue should be
recognized for the amount of expenditure incurred for
the period (which should be equal to the amount billed.)
2. Department heads or their designees shall be
responsible for monitoring budget-to-actual grant
expenditures throughout the grant year and will meet
quarterly with the City Controller or designee to discuss grant fiscal results to ensure that before year end, proper amounts of grants receivable are reported in the general ledger.
i) Maintaining effective and efficient communication with the City Controller or designee, once information has been received as to whether reimbursement claims will be partially or completely denied.
j) Maintaining effective and efficient communication with the grantor to determine the status of outstanding reimbursement claims.
k) Identifying grants for closeout and communicating these with the Accounting Division staff
l) If a department head or designee decides to apply for or accept a new grant, they shall see to it that a mechanism shall be in place (with documentation) to send and follow up on claims for reimbursement for that grant, otherwise, that person shall not apply for or accept the grant.
m) Performing quarterly reconciliation of grant expenditures and revenues from accounting records
n) Working with City Controller or designee on all grant audits. o) Monitor activities of all sub-recipients
p) Have a back-up protocol to ensure continuity and timeliness of operations during vacations and other leaves.
q) Must actively participate in and support the implementation of the internal controls contained in this policy, and immediately follow up if deviation is suspected, in order to avoid the appearance and existence of fraud, misappropriation of City or grant related assets, or of conflicts of interest.
r) Additional responsibilities are stated in the remaining sections within this policy. 8 4. The Grants Compliance Manager or designee’s responsibilities include:
a) Maintaining a list of due dates for grant reports, and coordinating with initiating departments or any other needed departments to ensure the reports are prepared efficiently and effectively, and submitted on time. This includes reports for Housing Authority.
b) Maintaining a schedule of grant period end dates and following up with Initiating Departments regarding grant close-out procedures while those grant period end dates are approaching
c) Providing sufficient back up documentation for the Cashier to include in their daily batch deposit when presenting the cashier with grant funds to deposit, or when sending grant customers to the Cashier to make grant related payments to the Cashier. d) Making a recommendation to the City Controller and to the City Treasurer as to whether a grant award will require or benefit from being deposited into a bank account that is separate from the general checking account.
e) Follow up with Initiating Departments to make sure grant billing and reimbursementclaims are being prepared and sent to granting agencies quarterly. Follow up is also necessary for ensuring that grant revenue or program income is properly accounted for and reflected in the fund or revenue center for that program. Grant revenue and program income receipts shall also be taken into consideration when reimbursement claims are being prepared.
f) Monitor other department’s grant training annually and follow up to insist on additional training if deficiencies in understanding about the grant process are found. g) Tracking program revenue, expenses, assets and liabilities in a manner to efficiently and effectively prepare grant reporting documents that are required per grant agreements and reporting guidelines. This includes tracking grant loans receivable, and interest earned on grant funds. These should be traced to the general ledger on a monthly basis. i. These should also be made available to other departments who need the information such as City Treasurer’s department when accepting grant payments
h) Tracking drawdown payment requests and their supporting documentation as well as reconciling differences between requests and actual grant revenues received, if any i. This includes the need to catch drawdown payments or reimbursement claims that are being sent to the granting agency before allowable
i) Having in place a mechanism to efficiently and effectively track grant related equipment and fixed assets, if applicable. Tracking within the City’s Fixed Asset Module of their Accounting software shall also be considered.
i. Conducting a physical inventory for assets and equipment purchased with grant funds at least annually
9 j) Shall be involved in the preparation and review of the draft SEFA to ensure completeness and accuracy
k) Shall track grant expenses to determine if the city is meeting its earmarking and matching requirements per grantor requirements. This shall be checked before grant reporting and claim preparation is completed.
l) Shall be familiar with the Grant’s retention period and maintain all grant related documentation, such as Grant Award Letter, related resolutions, or copies of expenditures in case of any audit.
5. City Treasurer or designee’s responsibilities include:
a) To ensure that the Cashiers have the proper account coding when ringing up in-coming payments, especially for grants. If they uncertain of the account coding, then cashiering staff should contact the Grants Division or Controller’s Department to verify.
6. The City Manager or designee’s responsibilities include a) At least quarterly, maintain sufficient communication with City staff to monitor progress on all on-going grants, as well as keep informed of any new grants b) Direct and manage the preparation, designing, implementation, monitoring, and evaluation of internal control policies and procedures
c) Have a back-up protocol to ensure continuity and timeliness of operations during vacations and other leaves.
d) Must actively participate in and support the implementation of the internal controls contained in this policy, and immediately follow up if deviation is suspected, in order to avoid the appearance and existence of fraud, misappropriation of City assets or grant related, or of conflicts of interest.
e) Direct and manage the preparation, designing, implementation, monitoring, and evaluation of internal control policies and procedures
f) Additional responsibilities are stated in the remaining sections within this policy.
SECTION 5: GRANT APPLICATION
APPROVAL
Applications for Federal, State, or other grants involving any project or program shall be filed on behalf of a department upon the approval by the Initiating Department Head.
For grants of $25,001 or more, the Initiating Department Head shall request approval from the Council ($25,000 or less request approval from the CM) at least 30 days prior to the grant deadline for review and approval. The department shall provide as supporting documents to the City (or CM if less than or equal to $25,000) all relevant materials, including but not limited to the funding source's grant criteria and the department's most recent draft of its grant application material. Should the department fail to submit the supporting documents prior to the 30-day deadline, all funds received through the grant application shall be placed on hold by the City Controller Department.
10 Grant funds which are detailed in departmental budget submissions and approved by the CM and Board in the annual budget shall be deemed to have met the requirements for grant application in this policy.
Some granting agencies may require the City to obtain official Board approval through a resolution for application of their grants. In this case, it is the responsibility of the Department Head to initiate the Board approval process by gathering all relevant grant application supporting documentation, preparing the agenda report, and answering questions from Board members.
A Grant Application checklist (see Exhibit 1) has been designed to simplify the procedure, and to ensure that each party with a responsibility in the process is contacted.
The Initiating Department of a grant shall:
1. Prepare the Grant Application checklist, a sample is attached to this policy.
2. Consult each responsible department on the checklist: Other Affected Departments, City Legal Counsel (if necessary), Finance, Human Resources (if necessary), IT (if necessary). Each department will review the areas of the funding requirements and/or Grant Application for which it is responsible and complete its portion of the checklist.
3. Submit the Grant Application along with the checklist to the City Manager (or designee) for approval. A signed copy of the checklist and the Grant Application shall be returned to the Initiating Department by the CM or designee.
BUDGETING
To provide a clearer picture for the public and policy makers of the true size of an Initiating Department’s budget and staff, recurring grants as well as non-recurring grants should be included in the annual budget process. If departments do not know their exact grant award amount during the time they prepare their annual budgets, they should include their best reasonable estimate with supporting calculations.
Departments should notify the City Controller Department as soon as they learn of any changes in grant award levels from the amounts estimated in the adopted budget. The City Controller, or designee, shall adjust grant budgets if award levels change, without requiring Board action, if the changes are $25,000 or less. If they are $25,000 or more, then Board approval shall be obtained by the Department Head before spending begins.
If the grant budget needs to be amended after the budget has been adopted, then the Initiating Department shall use the Budget Modification Form (with attached approval from the granting agency) illustrated in the Budget policy, if the appropriation was not already included in a Council approved resolution. This shall be done regardless of the budget amendment amount. Once the necessary approvals are obtained on the form or from a Board resolution, the Accounting Division staff will post the budget amendment. A Board resolution number shall also be attached to the form if applicable.
The required attachments which need to be provided to the City Controller or designee during the budget (or budget amendment) process for all grants are:
1. Grant Checklist
2. Grant Budget
11 3. Grant Application
4. Grant guidelines or web link to the guidelines
5. Letter of Intent or grant award letter from funding agency,
6. Grant Contracts, Leases/Agreements (if applicable)
7. Name of the funding agency, federal pass-through agency, if applicable
8. Grant type (federal, state, federal pass-through, or private, etc.)
9. Catalog of Federal Domestic Assistance (CFDA) number, if applicable
10. Grant award amount and grant period
11. Required matching/in-kind amount and where it is budgeted
12. Funding source of matching/in-kind amount
13. Reporting and audit requirements and due dates.
14. Include a budget for anticipated program income, if applicable
15. Description of Grant funded positions, if applicable SECTION 7: GRANT AWARD
A. GRANT CODING
All grants, once awarded, must be set-up in the accounting system by the City Controller or designee. New grants require new grant numbers. Multi-year grants retain the same grant number until they expire. The grant number is the budget unit or project number that purchase orders, disbursements, and cash receipts will be charged against.
The Controller’s Office will need the following information:
1. Fully executed Grant Contracts, Leases/Agreements (if applicable)
2. Name of the funding agency, pass-through agency, if applicable
3. Grant type (federal, state, pass-through, or private, etc.)
4. Catalog of Federal Domestic Assistance (CFDA) number, or other grantor agency grant number if applicable
5. Grant budget, award amount, and grant period
6. Required matching/in-kind/ear-marking amount and where it is budgeted
7. Funding source of matching/in-kind amount
8. Reporting and audit requirements and due dates.
9. Documentation showing whether the grant money will be advanced to the City or if it will be reimbursed.
The Initiating Department can request a set up for a separate grant code or project code for a beneficiary 12 (or other stakeholder) department to separate the grant budget and expenditures between different departments if applicable.
The initial setup of the correct grant structure in the financial system is very important in ensuring accurate recording and efficient monitoring of the grant. Incorrect grant code setup may lead to difficulty in providing necessary documentation for audits, as well as increased risk of financial record errors and potential audit findings. After-the-fact restructuring due to incorrect grant setup would require extensive analysis and could be extremely labor-intensive and time-consuming.
B. GRANT REVENUE
A. Billing:
The Initiating City Department should bill the granting agency in a timely manner for all eligible grant expenditures. Grants should also not be billed if allowability or eligibility requirements have not been met.
Revenue sources (e.g. federal, state, private, etc.) must be reported and recorded consistently. As soon as the funding agency is billed for reimbursement, the Initiating Department Head or designee shall notify the Accounting Division as the receivable should be accrued and revenue should be recognized for the amount of expenditure incurred for the period (which should be equal to the amount billed). The Initiating Department Head shall also notify the Treasurer’s Office for proper coding.
B. Revenue Recognition:
Grant revenues are either obtained (1) up-front in advance of grant expenditures taking place, or (2) after the City expends its own money and gets reimbursed via a claim or bill sent to the granting agency. (1) When grant money is received before expenditures are incurred, it is considered an advance. This means that the City has not yet earned the grant revenue. If priorities change so that the money received will not be spent on the intended program, the City may be obligated to return the advance to the funding agency. Therefore, when an advance is received, it should not be recorded as revenue, but as a liability.
As the advance is expended on eligible costs, Accounting division staff shall initiate a journal entry to recognize that portion of the advance as revenue,
Accounting staff shall follow up with the Initiating Department at the time of grant close-out. If the department was not able to utilize the grant funds by the end of the grant period, and no extension is approved, the remaining grant funds are liable to be returned to the funding agency. (2) With reimbursement-based grants, departments need to incur eligible expenditures using the City’s money first before requesting reimbursement from the granting agency. Therefore, departments should bill the granting agency for eligible grant expenditures according to the billing schedule stipulated by the grant agreement. If the grant agreement and the granting agency did not specify a billing schedule, departments should bill at least quarterly unless prohibited by the granting agency to recover grant costs. Departments should establish their system and document procedures to process and approve billings and draw down grant funds. It shall be the responsibility of the City Controller or designee to monitor Departments’ draw down of grant funds.
Further, Accounting division staff shall obtain the necessary grant billing data from departments and 13 recognize grant revenue at least quarterly. Revenues are earned as eligible expenditures are incurred (with all other eligibility requirements met). Accounting staff shall apply reimbursements received to receivables when received. Because of the use of accrual basis accounting, the Accounting Division shall recognize revenues as soon as they are earned regardless of the timing of related cash flows.
Program income is any revenue derived from grant-funded activities. These revenues are often obligated to be used in concurrence with the purpose of the grant.
C. Incoming Checks:
If a staff member from the Initiating Department (or from any department) receives a check in the mail related to a grant advance or reimbursement, that person should take that check to the Cashier counter with a Receipt/Transmittal Voucher containing the following information:
Name,
Date,
Grant Budget Unit code, project code and Account number, Amount,
Purpose
This attachment must be kept by Cashiering Staff as part of the supporting documentation of the daily batch of revenues that get entered into the finance software and that are used to prepare the deposit slip for the day. The grant budget unit and account number and will be interfaced into the appropriate revenue by City Controller Department staff. If the applicable budget unit or account number is not known, use Miscellaneous revenue account code (suspense account). The suspense account has its own budget unit and account code and it alerts the Accounting Division that a change needs to be made to move that item to the appropriate grant budget unit and account code. If there is a continuing receipt of a certain type of grant revenue, it is advised to consider requesting a new budget unit and account code from Accounting staff rather than interfacing revenue to the suspense account.
D. Monitoring and Making Adjustments:
Departments must keep track of cash positions on grants and analyze large negative balances. Grants that receive advances may have a positive cash balance earning interest. The interest may be allocated back to the grant if the grant requirements specify that they must be used on the grant programs or returned to the funding agency. Departments should bring any interest allocation issues to the attention of the City Controller or designee.
When a grantor denies all or part of a claim, Accounting staff shall reduce the grant revenue and receivables by the amount denied. The ineligible expenditures must be moved out of the grant to another department budget. If there is no suitable budget available, the Accountant shall discuss options with the City Controller or designee. Accounting staff shall follow up with the Initiating Department to obtain information regarding the status of claims quarterly.
14 If the department has already received the reimbursement but the related expenditure is later deemed ineligible, then Accounting division staff must abate the expenditure out of the grant and must notify the department that the revenue received needs to be returned to the grantor. The Initiating Department must initiate a revenue refund using the Payment Request Form as illustrated in the A/P policy to generate a check to the grantor for the ineligible revenue received.
C. GRANT EXPENDITURES
Once a grant award is approved, and the grant code and related budget is set up in the finance system, then the department may then begin to expend the grant funds. Budgetary transfer between expenditure line items is usually permissible, as long as it is allowed by the grant agreement. If unsure, Initiating Department staff shall obtain written approval (e-mail acceptable) from the funding agency.
It is critical for Initiating Departments to know that:
All grant expenditures must be made within the grant’s provisions. All grant expenditures must be made within the grant period. Time extensions need to be approved by the grantor before eligible grant expenditure can be incurred during the extension periods. All grant expenditures must be made within the approved budget categories stated in the award. All grant expenditures, including indirect costs, should be charged to the grant on a regular basis, at least quarterly, or within the same quarter that the expenditure has incurred. Payroll expenditures that need to get charged to a grant, shall be approved by the employee’s supervisor on the employee’s City time-card which shows how many hours the employee worked on the grant (by grant code on the time sheet) and on which dates/times. The City Controller, or designee, is responsible for examining the payroll charges to make sure that payroll is set up in the grant correctly. The Initiating Department Head or designee is responsible for examining the personnel expenditures charged to the grant and ensuring that they are all eligible and within budget. All grant-funded personnel expenditures must be supported by authorized (signed) timesheets for audit purposes.
D. GRANT RECONCILIATION
The Initiating Department should, quarterly, reconcile active grants between claims to the funding agency and financial software expenditure and revenue records to identify errors and issues and to ensure the financial record of the grant is accurate. The Accounting Division shall assist the Initiating Department perform this reconciliation quarterly until the grants expire. When the full grant cycle is complete, the grant should be fully reconciled by the Initiating Department and then shall be promptly closed out.
How to Reconcile:
Expenditures reported on the claim or financial reports to the funding agency must be equal to the grant expenditure amount shown on accounting records. Any variances must be noted, investigated and corrected by the Initiating Department with the assistance of Accounting Division staff, quarterly.
For most grants, revenues recognized at a particular time should equal eligible grant expenditures at that 15 point of time. Accounting staff shall initiate journal entries to make corrections and adjustments to the grant if necessary.
If revenues exceed expenditures, one of several possibilities may have occurred:
• Excess revenues may belong to a different grant.
• Excess revenues were recognized in advance of expenditures, so should be reclassified as “advances.”
• Some grant expenditures were charged to the wrong account and should be reclassified into the grant.
• Some grant expenditures were recognized in a different fiscal year from the one when the service was provided.
• Excess reimbursement was received and should be returned to the funding agency.
If grant expenditures exceed revenues, examine the account to check for the following possibilities:
• Additional revenues need to be claimed and accrued as receivables. • Excess expenditures charged to the grant in error need to be charged to some other department appropriation. If the department does not have the available budget, it will need to request a supplemental appropriation from the Board. • For reimbursement-based grants, make sure receivables are established for all outstanding eligible expenditures.
Initiating departments shall use a spreadsheet (or equivalent mechanism) to document the reconciliation of grants. Departments may use any format for the reconciliation spreadsheet (or equivalent mechanism) as long as the following is included:
• Each claim made (identified with numbers) and the associated expenditure breakdown (by document numbers),
• Revenue amount accrued and received,
• Comparison between the amount claimed and the expenditure recorded in the finance software. Variances must be shown and explained.
SECTION 8: GRANT RECORDING WITH THE USE OF SPECIFIC SOFTWARE OR MODULES (if applicable)
Some grants require the use of specific software or modules for the purpose of recordation of activities, accomplishments, request for drawdowns, or financial or programmatic reporting. Grants Division and Controller staff must be familiar with such software or modules through proper training. Grants Division shall ensure proper access to such software is always maintained and contact information with the Granting Agency is always current. This also includes the system(s) for HUD and for Housing.
SECTION 9: GRANT CLOSE OUT
16 Closing out the grant is the final financial activity of the grant cycle. The purpose of the grant close-out process is to achieve a final accounting of all revenues and expenditures attributable to the grant and to reach a final grant balance. Grant close-out is done annually by the Accounting Division staff. Through the quarterly reconciliation process, the Accounting Division staff shall periodically provide a list of inactive and expired grants to each department for status update. Initiating Departments are required to analyze and assist with the correction of balances on all expired inactive grants prior to closure. In addition, Initiating Departments should analyze their budgets quarterly to identify and close by June 30th any and all grants that were not actually awarded.
A. A grant is ready to be closed out when all the following occurs:
The grant is budgeted in the adopted budget but not awarded Grant funds are fully utilized, and all reimbursements are received (i.e., the grant cycle is complete)
The grant is expired (e.g., grant period ended, and no extension is made) Final reconciliation is done and all adjustments to the grant are complete.
B. A grant is closed out by doing the following:
Finalizing and confirming all steps in A above.
The Initiating Department and Accounting Division staff shall ensure that actual revenues equal actual expenditures, and the actual revenues and expenditures should reconcile with the reports to the funding agency
All grant funds shall be used up, or unused funds returned to the grantor if necessary Transfer out all ineligible costs
If costs incurred were disallowed by the granting agency and will not be reimbursed, the Initiating Department (with the assistance of the City Controller or designee) must identify another funding source to charge those expenditures. If no existing budget can cover the expenditures, the Initiating Department must prepare a supplemental budget request to the Board to cover the amount of the ineligible costs
If there is leftover grant budget after the grant program or project has been completed, the Initiating Department needs to make sure the remaining grant budget is not to be utilized or re-obligated without grantor’s approval.
C. Records Retention
The City shall maintain a general City-wide records retention policy, approved by the CM, that shall cover records related to grants. Such records, similarly to other City records that may be subject to audit, shall be maintained for a period of seven years after grant close-out. Some grants may have a different retention requirement that the City must also adhere to. 17 SECTION 10: AUDITS
Grants are subject to federal and state program audits.
The City Controller or designee is responsible for contracting with the external auditors and coordinating the audit process. The Accounting Division staff gives the auditors a report of all federal expenditures from grants incurred in the City’s fiscal year, from July 1 to June 30, regardless of the grant schedule (a schedule of State awarded grant expenditures may be requested from the auditor as well). The report sorts the expenditures by federal program, as specified by its 5-digit "CFDA" number from the Catalog of Federal Domestic Assistance. The single audit deadline is nine (9) months after the end of the fiscal year (March 31).
SECTION 11: FEDERAL GRANT REQUIREMENTS
All City staff that participate in the grant cycle shall be knowledgeable about uniform federal grant requirements as they relate to local governments. Those requirements shall be displayed at the following website or on the White House’s website for the OMB department:
https://www.whitehouse.gov/omb/information-for-agencies/circulars/#state. Particularly, City staff participating in the grant cycle shall be knowledgeable about OMB Circular A-133 and OMB Circular A-87 Cost Principles for State, Local, and Indian Tribal Governments, Relocated to 2 CFR, Part 225.
Additional requirements are stated in CFR (Code of Federal Regulations) Title 2 (Grants and Agreements), Subtitle A, Chapter 2, Part 200 (UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS)
Although City staff shall become knowledgeable and compliant with all of the regulations in CFR Title 2, Subtitle A, Chapter 2, Part 200, of note for the purposes of this policy, are the following federal requirements:
ALLOWABLE COSTS
To be allowable under federal awards, costs must meet the following general criteria. Costs must be:
Allocable to a particular cost objective if the goods or services involved are chargeable or assignable to such cost objective in accordance with relative benefits received Necessary and reasonable for proper and efficient performance and administration of federal awards
Allocable to federal awards under the provisions of Circular A-133 or CFR Title 2 Part 200 Subpart F – Audit Requirements
Authorized or not prohibited under state or local laws or regulations Conform to any limitations or exclusions set forth in these principles, federal laws, terms and conditions of the federal award, or other governing regulations as to types or amounts of cost items
18 Consistent with policies, regulations, and procedures that apply uniformly to both federal awards and other activities of the governmental unit
Accorded consistent treatment. A cost may not be assigned to a federal award as a direct cost if any other cost incurred for the same purpose in like circumstances has been allocated to the federal award as an indirect cost
The net of all applicable credits
Adequately documented.
Moreover:
Except as otherwise provided for in Circular A-133 or CFR Title 2 Part 200 Subpart F – Audit Requirements, costs must be determined in accordance with generally accepted accounting principles.
Costs must not be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior period, except as specifically provided by federal law or regulation.
Indirect costs should be distributed to benefited cost objective on bases that will produce an equitable result in consideration of relative benefits derived. City departments desiring to claim indirect costs under federal awards must prepare an indirect cost allocation plan to support those costs. The cost allocation plan and related supporting documentation should be retained for audit in accordance with the records retention requirements contained in the OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments and the Uniform Guidance.
Refer to grant agreement and any special funding agency guidelines for specific program requirements on eligible costs.
OMB A-21, A-87, A-122 and CFR Title 2 Part 200 Subpart E prohibit the use of federal grant funds on certain types of expenditures, including those listed below:
Advertising and public relations
Alcoholic beverages
Alumni(ae) activities
Audit services
Bad debts
Campaigning
Commencement and convocation costs
Entertainment
Fines and penalties
Fundraising
19 Goods and services for personal use
Lobbying
Organization costs
Plant and security costs
Pre-award costs
Processional service costs
Selling and marketing costs
Student activity costs
Unspecified contingencies
COST MATCHING
OMB A-110, OMB A-102 and CFR Title 2 Subtitle A Chapter II Part 200 Subpart D – Post Federal Award Requirements)
All contributions—including cash and third-party in-kind contributions—shall be accepted as part of the recipient's cost sharing or matching when such contributions meet all of the following criteria:
Are verifiable from the non-federal entity’s records
Are not included as contributions for any other federally assisted project or program, unless specifically allowed by federal program laws and regulations Are necessary and reasonable for proper and efficient accomplishment of project or program objectives
Are allowed under the applicable cost principles
Are not paid by the federal government under another award, except where authorized by federal statute to be allowable for cost sharing or matching
Are provided for in the approved budget when required by the federal awarding agency. Conform to other applicable provisions of the OMB Circular A-102 and OMB Circular A-110, or CFR Title 2 Part 200 Subpart D – Post Federal Award Requirements, and the laws, regulations, and provisions of contract or grant agreements applicable to the program
PROCUREMENT
(2 CFR Section 200.318) Non-federal entities must:
Use its own documented procurement procedures provided that they conform to applicable federal law (including general procurement standards), state and local laws and regulations Maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contract or purchase orders
20 Maintain written standards of conduct covering conflicts of interest and governing the performance of employee engaged in the procurement process; including (i) selection, (ii) award, (iii) and administration of contracts
Maintain written standards of conduct:
o Covering organizational conflicts of interest for relationships with parent, affiliate, or subsidiary organizations that are not a state, local governments, or Indian tribe o The standards of conduct must include disciplinary actions for employees, officers, or agents of the non-Federal entity in the event of violation
Avoid acquisition of unnecessary or duplicative items Make efforts to use federal excess and surplus property in lieu of purchasing new equipment and property to reduce project costs
Make efforts to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions
Award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement
Maintain records sufficient to detail the history of procurement; including, but not limited to:
• Rationale for the method of procurement
• Selection of contract type
• Contractor selection or rejection
• Basis for the contract price.
Use time and materials contracts only after the determination was made that no other contract is suitable. If a time and materials contract is used, the awarding entity must:
• Set a ceiling price
• Assert a high degree of oversight
Be responsible, have good administrative practice and sound business judgment for the settlement of all contractual and administrative issues arising out of procurement.
COMPETITION
In order to ensure fair competition in any contracting process, all procurement transactions:
Will be conducted in a manner providing full and open competition subject to but not limited to sole source procedures. Circumstances exempt from competitive bidding that may allow sole source waiver request include:
o The item is available only from a single source
o The urgency of the requirement does not permit a delay resulting from competitive 21 solicitation
o The awarding agency authorizes non-competitive proposals o After solicitation of a number of sources, competition is determined inadequate Will ensure objective contractor performance and eliminate unfair competitive advantage.
Contractors that develop draft specifications, requirements, statements of work, and invitations for bids or requests for proposals must be excluded from competing for such procurements Will eliminate restrictive competition situations. The following are examples of restrictive competition situations:
o Placing unreasonable requirements on firms in order for them to qualify to do business o Requiring unnecessary experience and excessive bonding o Non-competitive pricing practices between firms or between affiliated companies o Non-competitive contracts to consultants that are on retainer contracts o Organizational conflicts of interest
o Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement
o Any arbitrary action in the procurement process
Will not impose state or local geographical preferences in the evaluation of bids or proposals, except when applicable federal statutes expressly mandate or encourage geographical preference
Will ensure written procurement transaction procedures that:
o Incorporate a clear and accurate description of the technical requirements for the material, product, or service
o Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals
Will maintain current lists of all pre-qualified persons, firms, or products that are used in acquiring goods and services. Lists must include enough qualified sources to ensure maximum open and free competition
Circumstances exempt from competitive bidding that may allow sole source waiver request include:
The item is available only from a single source
The urgency of the requirement does not permit a delay resulting from competitive solicitation The awarding agency authorizes non-competitive proposals After solicitation of a number of sources, competition is determined inadequate 22 METHODS OF PROCUREMENT
(2 CFR Section 200.320)
One of the following five procurement methods must be used (less formal methods are acceptable if the procurement is under the federal “Simplified Acquisition Threshold” of $150,000):
1. Procurement by Micro Purchase
2. Procurement by Small Purchase Procedures
3. Procurement of Sealed bids (formal advertising)
4. Procurement by Competitive Proposal
5. Procurement by Non-competitive Proposal
1. Procurement by Micro Purchase
Aggregate dollar amount of supplies or services does not exceed $3,000* Should distribute micro-purchases evenly among qualified supplies May be awarded without soliciting competitive quotes if the price is reasonable Non-competitive contracts to consultants that are on retainer contracts
2. Procurement by Small Purchase Procedures
Procedures are simple and informal for supplies and services (or other property) that do not exceed the Simplified Acquisition Threshold ($150,000) If small purchase procedures are used, price or rate quotes must be obtained from an adequate number of qualified sources
Purchasing cards (P-card) purchases above $3,000* will require documentation of price quotes
3. Procurement of Sealed Bids (Formal Advertising)
Publicly solicited bids, and a firm fixed price contract is awarded at the lowest price Preferred method for procuring construction under specified conditions
4. Procurement by Competitive Proposal
Conducted with more than one source submitting an offer Either fixed price or cost-reimbursement type contract is awarded Used when conditions of sealed bids are not appropriate Requirements are:
• Requests for proposals must be publicized and identify all evaluation factors and 23 relative importance
• Proposals must be solicited from an “adequate” number of qualified sources • Written method for conducting technical evaluations of the proposals and selecting recipients is mandatory
• Contracts must be awarded to the entity whose proposal is most advantageous • The selection method, where price is not used as a selection factor, can only be used in procurement of architectural/engineering professional services
5. Procurement by Non-competitive Proposal
Procurement through the solicitation of a proposal from only one source May be used when one or more of the following apply:
• The item is available from a sole source only
• Public emergency will not allow a delay resulting from competitive solicitation • Non-competitive proposals are authorized in response to a written request from the non-Federal entity
• The competition is considered inadequate after a soliciting a number of sources • *The micro-purchase threshold may change. Refer to 48 CFR Subpart 2.1 (Definitions) for the most updated micro-purchase threshold.
CONTRACTING WITH SMALL MINORITY OWNED BUSINESSES
(CFR Title 2 § 200.321)
Non-federal entities must take necessary actions to ensure that minority and womenowned businesses, and labor surplus area firms are used when possible Affirmative steps include:
• Including qualified small, minority, and women-owned businesses on solicitation lists
• Soliciting small, minority, and women-owned businesses whenever they are potential sources
• Dividing total requirements into smaller tasks to permit maximum participation by small, minority, and women-owned businesses
• Establishing delivery schedules that encourage the participation from small, minority, and women-owned businesses
• Using the services and assistance of the Small Business Association and the Minority Business Development Agency of the Department of Commerce • Requiring the prime contractor to select a sub-contractor based on the affirmative 24 steps listed above
CONTRACT COST AND PRICE
(CFR Title 2 § 200.323)
The non-federal entity must:
Perform cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold (including modifications) Negotiate profit separately, as an element of price, for each contract that does not have competition
Costs and prices are only allowable to the extent that they are incurred based on estimates and included as part of negotiated prices under CFR Title 2, Part 200, Subpart E – Cost Principles
FEDERAL AWARDING AGENCY OR PASS THROUGH ENTITY REVIEW
(CFR Title 2 § 200.324)
The non-federal entity must make available to the federal agency or pass-through entity:
• Technical specifications on proposed procurements
• Pre-procurement review: procurement documents, such as, requests for proposals or invitations for bids or independent cost estimates
The non-federal entity is exempt from the pre-procurement review if the federal awarding agency or pass-through entity determines that its procurement system compliance with the standards of this Part.
CONTRACT PROVISIONS
(CFR Title 2 § 200.326)
Contract provisions must include all applicable provisions in CFR Title 2, Part 200, Appendix II – Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. Contracts over the simplified acquisition threshold (currently $150,000) must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate Contracts in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be affected and the basis for settlement
Equal Employment Opportunity applies to all “federally assisted construction contracts” Davis-Bacon Act applies to all prime construction contracts in excess of $2,000. Nonfederal entities shall include in their construction contracts subject to the Act:
25 • Requirement that the contractor or sub-contractor comply with the requirements of the Davis Bacon Act
• Requirement for the contractor or sub-contractor to submit to the non-federal entity weekly, for each week in which any contract work is performed, a copy of the payroll and a statement of compliance (certified payrolls)
• Payment should not be made without receiving the certified payrolls Contract Work Hours and Safety Standards Act applies to all contracts awarded by the non- federal entity in excess of $100,000 that involve the employment of mechanics or laborers. Wages and overtime are computed using a standard 40-hour work week Rights to Inventions Made Under a Contractor Agreement applies when the federal award meets the definition of “funding agreement” under CFR Title 37 § 401.2(a) and the recipient or sub-recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement”. “Funding Agreement” refers to any contract, grant, or cooperative agreement entered into between any federal agency, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph
Clean Air Act and the Federal Water Pollution Control Act applies to contracts and subgrants of amounts in excess of $150,000
PROHIBITION OF GEOGRAPHICAL PREFERENCES
Grantees and sub-grantees will conduct procurements in a manner that prohibits the use of statutorily or administratively imposed in-state or local geographical preferences in the evaluation of bids or proposals, except where federal statutes expressly mandate so.
SUSPENDED AND DEBARRED PARTIES
City departments are prohibited from contracting with suspended or debarred parties.
Covered transactions include those procurement contracts for goods and services awarded under a non-procurement transaction (e.g., grant or cooperative agreement) that are expected to equal or exceed $25,000 or meet certain other criteria as specified in CFR Title 2 § 180.220.
When a City department enters into a contract, it must verify that the prospective contractor is not suspended or debarred before awarding the contract. The department must have documentation to verify that the contractor was not suspended nor debarred before contract 26 execution. This verification may be accomplished by any of the following actions:
• Checking the Excluded Parties List System (EPLS) in the System for Award Management (www.sam.gov)
• Collecting a written certification from the prospective contractor that it is neither suspended nor debarred
• Adding a clause or condition to the covered transaction with that entity (CFR Title 2, Part 180, Subpart C, 180.300 – OMB Guidelines to Agencies on Government wide Debarments and Suspension (Non Procurement))
• City departments shall establish continuous monitoring procedures to ensure that any parties excluded from federal procurement or non-procurement programs are not awarded assistance in violation of CFR Title 2, Part 180. Departments shall check contractors’ debarment status periodically to ensure continuous compliance. • City departments shall also establish procedures to provide for effective use and/or dissemination of the list to assure that their grantees and sub-grantees (including contractors) at any tier do not make awards in violation of the non-procurement debarment and suspension common rule
• City departments should document their processes for checking debarment and suspension status vendors
SUBRECIPIENTS
(CFR Title 2 § 200.331)
The City is responsible for the funds provided to sub-recipients and is ultimately liable and at risk for disallowed expenses if sub-recipients are not in compliance with terms of the grant. Departments should ensure that all grant sub-recipients comply with the terms of the grants by reviewing sub-recipients’ financial statements, performance reports, audit reports and procurement procedures, and monitor sub-recipients periodically through site visits and /or other activities as required by the grantor.
The City shall include in all of its contracts with sub recipients the requirement that subrecipients must comply with all grant guidelines and requirements. Further, the City shall also include in its contracts with sub-recipients that if they receive $500,000 or more of Federal awards then that sub-recipient will be subject to the Single Audit Requirement. • Additionally, the City shall follow up with subrecipients receiving $500,000 or more in federal awards and make sure they have a single audit.
Departments must have all of the following information for each sub-recipient:
• Sub-recipient name and Dun & Bradstreet (DUNS) number • Federal award identification number (FAIN) and award date • Sub-award period of performance – start and end date
27 • Amount of federal funds obligated by the action
• Total amount of federal funds obligated to the sub-recipient • Total amount of the federal award
• Federal award project description
• Name of the federal awarding agency, pass-through entity, and contact information for awarding official
• Catalog of Federal Domestic Assistance (CFDA) number and name; must identify the dollar amount made available under each CFDA number at time of disbursement • Whether the award is research and development
• Reporting and other requirements
• An approved federally recognized indirect cost rate negotiated between the subrecipient and the federal government or, if no such rate exists, either a rate negotiated between the federal pass-through entity (PTE) and the sub-recipient, or a de minimis indirect cost rate as defined in CFR Title 2 § 200.414
• A requirement that the sub-recipient permit the PTE and auditors to have access to the sub- recipient’s records and financial statements, as necessary for the PTE to meet its requirements
• Appropriate terms and conditions concerning the closeout of the sub-award • Departments with grant sub-recipients shall conduct an annual sub-recipient risk assessment to evaluate the following required risk factors, as specified by CFR Title 2 § 200.331(b):
• The sub-recipient's prior experience with the same or similar sub-awards • Frequent, scheduled phone conversations. This approach allows an informal assessment of how things are proceeding, but may not necessarily reveal whether problems have arisen.
• Written progress reports are a very reliable technique for staying on top of performance. A good progress report should:
• Indicate the status of the project.
• Point out any problems or obstacles.
• Discuss work planned for the next period.
• Financial status reports and payment requests should be used in conjunction with progress reports to ensure expenditures are occurring at a level commensurate to project progress.
• Site visits. Visiting a sub-recipient’s location is the best means of obtaining firsthand information on performance. If possible, site visits should be conducted during each major phase of a project.
28 Pass-through Entity (PTE) must make case-by-case determination whether each agreement it makes for the disbursement of federal program funds cast the party receiving the funds in the role of a:
• Sub-recipient, or
• Contractor
• Substance of the agreement is more important than the form DETERMINATION OF SUB-RECIPIENT VS. CONTRACTOR)
SUB-RECIPIENT
CFR Title 2 §200.93
CONTRACTOR
CFR Title 2 §200.23
(Contractor replaces the term “Vendor” from OMB Circular A-133) Creates federal assistance relationship Purpose is to obtain goods and services for the non-federal entity’s own use and creates a procurement relationship
Determines who is eligible to receive what federal assistance Provides the goods and services within normal business operations Has its performance measured in relation to whether
objectives of a federal program were met
Provides similar goods or services to many different purchasers Has responsibility for programmatic decision making Normally operates in a competitive environment Is responsible for adherence to applicable federal program requirements specified in the federal award
Provides goods or services that are ancillary to the operation of the federal program
In accordance with its agreement, uses the federal funds to carry out a program for a public purpose specified in
authorizing stature, as opposed to providing goods or
services for the benefit of the PTE
Is not subject to compliance requirements of the federal program as a result of the agreement, though similar requirements may apply for other reasons
INDIRECT COSTS
Indirect costs are general costs of doing business that are difficult to identify directly to a grant, such as overhead and City-wide services that support all departments. CFR Title 2 §200.56 defines indirect costs as “those costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved.” • Any administrative expenses that can be specifically assigned to a particular grant should be budgeted and claimed directly rather than included in an indirect cost base. 29 • Indirect costs are normally billed as a percentage of salaries or total direct costs charged to a grant. There may be a wide range of appropriate indirect cost rates, depending on the type of activity and base charges they relate to. • The Accounting Division is available to assist with questions about establishing and documenting indirect cost rates.
CAPITAL EXPENDITURES
(CFR Title 2 §200.439)
When capital assets are acquired with grant funds, the Initiating Department must determine whether the grantor or the City is the legal owner. If the grantor retains an interest in the asset, then it shall be the responsibility of the City Controller or designee to segregate and report these capital assets separately within the Capital Assets Accounting System. • Capital expenditures for general purpose equipment, buildings, and land are unallowable as direct charges, except with the prior written approval of the federal awarding agency or pass- through entity (CFR Title 2 §200.439(b)(1)) • Capital expenditures for improvements to land, buildings, or equipment which materially increase their value or useful life are unallowable as a direct cost except with the prior written approval of the federal awarding agency, or pass-through entity (CFR Title 2 §200.439(b)(3))
• Cost of equipment disposal. If the non-Federal entity is instructed by the Federal awarding agency to otherwise dispose of or transfer the equipment the costs of such disposal or transfer are allowable (CFR Title 2 §200.439(b)(6)) • Capital expenditures for special purpose equipment are allowable as direct costs, provided that items with a unit cost of $5,000 or more have the prior written approval of the federal awarding agency or pass-through entity (CFR Title 2 §200.439(b)(2)) • Computing devices do not meet the threshold requirements so are considered supplies • Tablets
• Laptops
• Smart phones
• Lesser of $5,000 or entity capitalization threshold
• Revisit policy if below this amount
DEPRECIATION
(CFR Title 2 § 200.436)
Depreciation is the method for allocating the cost of fixed assets to periods benefitting from asset use. The non-federal entity may be compensated for the use of its buildings, capital improvements, equipment, and software projects capitalized in accordance with GAAP, provided that they are used, needed in the non-federal entity's activities, and properly 30 allocated to federal awards. Such compensation must be made by computing depreciation (CFR Title 2 §200.436(a))
Charges for depreciation must be supported by adequate property records, and physical inventories must be taken at least once every two years to ensure that the assets exist and are usable, used, and needed. Statistical sampling techniques may be used in taking these inventories. In addition, adequate depreciation records showing the amount of depreciation taken each period must also be maintained (CFR Title 2 §200.436(e)) •
31 CITY OF COMPTON
GRANT APPLICATION CHECKLIST
A. APPLICATION/GRANT INFORMATION DATE:_______________
1. Grant Title:
2. Initiating Department:
3. List Other Departments
Involved:
4. Granting Agency:
5. Matching Funds Required
(Y/N)?
5.a Amount Needed for Match, if
applicable:
6. Program/Account(s) which will
fund Matching Amount
7. Duration of the Project:
8. Purpose for which grant is to
be used:
B. OTHER AFFECTED DEPARTMENTS: CITY DEPARTMENTS TO BE CONSULTED
APPLICABLE
DEPT (Y/N)?
DEPARTMENT APPROVAL
SIGNATURE
DISAPPROVED
(Y/N)?
COMMENT
CM
HR
IT
CONTROLLER
LEGAL
COUNSEL
EXHIBIT 1
32 OTHER
OTHER
C. ADMINISTRATION CHECKLIST BY DEPARTMENT:
SIGNATURE & DATE
LEGAL
COUNSEL
Council Resolution Required?
Review of Grant Application?
LEGAL
COUNCSEL
COMMENTS:
CONTROLLER Review of fiscal instructions and audit requirements of granting agency?
Instructions for calculating indirect costs, actual
costs, consultant firm requirements and use of grant
funds?
Approval of items to be Purchased?
Timing of Purchases?
CONTROLLER
COMMENTS
HR Grant Award will result in additional staffing
requirements?
Review of hiring requirements and schedule?
33 HR
COMMENTS
IT Grant Award will result in additional hi-tech
equipment?
Review of technical requirements of needed
equipment?
IT
COMMENTS
1 BUDGET/CARRYOVER/RESERVE
Section 1: Purpose…………………………………………………………………...3
Section 2: General Policy……………………………………………………………3
Section 3: Responsibility…………………………………………………………….3
Section 4: Internal Control Guidance……………………………………………......7 Section 5: Definitions…………………………………………………………..……7
Section 6: Budget Development Overview……………………………………….....9 Section 7: Program Based Budget…………………………………………………...9
Long Term Initiatives (10 year foresight) ……………………….....9 Short Term Initiatives (1 to 5 year foresight)………………………10 Significant Changes (1 year look back)……………………………10
Goals and Objectives by Department (1 year foresight)………...…10 Net Position……………………………………………………...…10
Capital Expenditures………………………………………………10
Program – Base Budget Will Link Resources with Results………..11 Section 8: Revenue Budget Development……………………………………….…11 Section 9: User Fees/Rates…………………………………………………………13
Section 10: Expenditure Budget Development……………………………….....…13 Section 11: Accruing Liability……………………………………………………..16
Section 12: Forecasting…………………………………………………………….17
Section 13: Budget Document Quality Control……………………………………17 Section 14: Time Frame for Completion………………………………………......18 Section 15: Reserve Policies…………………………………………………….....18 Reserve Policy Purpose…………………………………………...18
Reserve Tracking Procedures……………………………………..19
Reserve Maintenance………………………………………….…..20
Reserve Target Levels………………………………………….…21
i. Restricted Funds………………………………………..21
ii. Capital Reserve Funds……………………………….…22
CITY BUDGET POLICY
2 iii. Liquidity Funds……………………………………….....23
Section 16: Budget Surpluses and Deficits…………………………………………25 Surpluses………………………………………………………………….….25
Deficits…………………………………………………………………….…26
Section 17: After Adoption of the Budget………………………………………….26 Section 18: Appropriations…………………………………………………………27
Legal Level of Control……………………………………………...27
Encumbrances…………………………………………………..…..28
Lapse in Budget…………………………………………………..…28
Section 19: Transfers………………………………………………………..……..28
Transfer of Appropriations……………………………………..…28
Transfer Procedures…………………………………………...…..29
Transfers of Reserves……………………………………………..30
Section 20: Carryovers……………………………………………………….……31
CITY BUDGET POLICY
3 BUDGET/CARRYOVER/RESERVE
SECTION 1: PURPOSE
Financial policies such as this Budget/Carryover/Reserve, improve the City’s fiscal stability by helping City officials plan fiscal strategy with a consistent approach.
Adherence to adopted financial policies such as this one promotes sound financial management, which can lead to improvement in bond ratings, a lower cost of capital, assure the tax and ratepayers that taxes and fees are being collected and spent per Council direction, and provide a minimum of unexpected impacts upon taxpayers, rate-payers and users of public services.
SECTION 2: GENERAL POLICY
The guiding principles of the City’s financial management include integrity, prudent stewardship, planning, accountability, and full disclosure. The City’s Budget should satisfy criteria as a financial and programmatic policy document, as a comprehensive financial plan, as an operations guide for all organizational units, and as a communications device for all significant budgetary issues, trends, and resource choices.
The budget process and format shall be performance-based and shall be focused on goals, objectives, and performance indicators. The budget will provide adequate funding for the maintenance and replacement of capital plants and equipment.
The budget process is intended to weigh all competing requests for City resources within expected fiscal constraints. Requests for new, ongoing programs made outside the budget process will be discouraged. The City will endeavor to avoid budgetary and accounting procedures that balance the current budget at the expense of future budgets.
The City shall anticipate and address economic and fiscal risks to ensure the City lives within its means and has the resources to invest in its infrastructure, facilities, equipment, training and workforce to preserve and enhance community well-being.
SECTION 3: RESPONSIBILITY
At the City of Compton (or the City) the following represent sets of responsibilities borne by various levels of City Council members, Staff, and management.
1. The City Controller or designee, shall be responsible for:
Developing, implementing, and managing this policy as well as subsidiary
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4 policies.
Ensure that the budget document shows the budgeted fund balance for the budget year
Financial forecasting
Recommending approved strategies for Reserve maintenance Recommending to the CM and the Council, and then implementing an approved plan of action for Budget surpluses and deficits o Include performing a calculation of one day’s (or applicable multiple thereof) worth’s of budgeted operating expenses. Such a calculation would be used by the CM to assist with making recommendations regarding reserves
Posting the approved budget and all budget amendments to the financial system
Posting approved budget transfers of appropriations to the financial system Performing transfers between reserve accounts in the financial system To endeavor to maintain the highest credit rating possible for the City Proactively identify and monitor long-term financial liabilities, including unfunded pension obligations, and commit to taking actions to manage these commitments, in connection with using the Pension Levy Fund that prioritizes the City’s long-term financial sustainability.
To perform or facilitate debt issuance, interest payments, principal repayments, and other debt-related activity. Also designing, implementing, and evaluating the internal controls over debt-related activity.
Coordinating and analyzing debt requirements, including the timing of debt, calculation of outstanding debt, debt limitation calculations and compliance, impact on future debt burdens, and revenue requirements. Preparing and presenting to the Council, interim revenue and expenditure trends to allow evaluation of potential discrepancies from budget assumptions. Perform quarterly reports to the Council of:
o Budget vs Actual Variances
o Transfers of appropriations
o Transfers between reserve accounts
o Reserve target level compliance
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5 Development and maintenance of adequate billing and collection measures Have a backup protocol to ensure continuity and timeliness of operations during vacations and other leaves.
Must actively participate in and support the implementation of the internal controls contained in this policy and all other policies, and immediately follow up if the deviation is suspected, in order to avoid the appearance and existence of fraud, misappropriation of City assets, or of conflicts of interest. Additional responsibilities are stated in the remaining sections within this policy.
2. City Manager or designee, shall be responsible for:
Developing, implementing, and managing this policy as well as subsidiary policies.
Ensure that the budget document shows the budgeted fund balance for the budget year
Ensuring that the budget office has proper training to prepare the budget Developing the Budget, including discussions and explanations of all assumptions, estimates, and calculations to the Council Recommending and implementing approved strategies for Reserve maintenance
To endeavor to maintain the highest credit rating possible for the City Proactively identify and monitor long-term financial liabilities, including unfunded pension obligations, and commit to taking actions to manage these commitments, in connection with using the Pension Levy Fund, that prioritizes the City’s long-term financial sustainability.
To perform or facilitate debt issuance, interest payments, principal repayments, and other debt-related activity. Also designing, implementing, and evaluating the internal controls over debt-related activity.
Perform the GANN Limit Calculation for insertion in the annual budget book. Coordinating and analyzing debt requirements, including the timing of debt, calculation of outstanding debt, debt limitation calculations and compliance, impact on future debt burdens, and revenue requirements. Preparing and presenting to the Council, interim revenue and expenditure trends to allow evaluation of potential discrepancies from budget assumptions.
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6 Perform and present to the Council, current and future cost implications for operating or capital improvement costs before the Council commits to new spending
Development and maintenance of adequate billing and collection measures Have a backup protocol to ensure continuity and timeliness of operations during vacations and other leaves.
Must actively participate in and support the implementation of the internal controls contained in this policy and all other policies, and immediately follow up if the deviation is suspected, in order to avoid the appearance and existence of fraud, misappropriation of City assets, or of conflicts of interest. Additional responsibilities are stated in the remaining sections within this policy.
3. The City Manager (CM), City Controller (CC), and City Department Heads, collectively, are responsible for:
Administering programs within the specific funding decisions contained in the budget
Participate in meeting policy goals, budget goals, and ensuring the long-term financial health of the City
Assistance with building the annual budget through participation in the evaluation of long-term initiatives, short-term initiatives, significant changes, goals and objectives, Capital expenditures, program-based budgeting that link resources with results.
Identify and evaluate immediate and long-term economic, social, and environmental impacts of all issues provided for community and Council consideration.
Strive to identify entrepreneurial solutions to recover costs of operating programs.
To fairly and honestly collect and supply sufficient information (when available) as appropriate, and as needed by the City Controller’s Office to fairly and properly support financial assumptions, calculations, and estimates that will be used to prepare the annual budget, forecasts, reports, rate-setting calculations, as well as other financial calculations.
Search for, obtain, and maintain appropriate grant funding to leverage City funds, when available
Quarterly, performance measurement reporting to the Council
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7 To endeavor to maintain the highest credit rating possible for the City Have a backup protocol to ensure continuity and timeliness of operations during vacations and other leaves.
Must actively participate in and support the implementation of the internal controls contained in this policy and all other policies, and immediately follow up if the deviation is suspected, in order to avoid the appearance and existence of fraud, misappropriation of City assets, or of conflicts of interest. Additional responsibilities are stated in the remaining sections within this policy.
SECTION 4: INTERNAL CONTROL GUIDANCE
COST BENEFIT:
The cost associated with the control process should not exceed the expected benefits.
1. If any control mechanism is costing the City more to operate than is merited by the risk it is seeking to mitigate, then the City Manager may take steps to reduce the cost of the Control Mechanism.
2. The City manager may reduce the scope of an existing control mechanism. For example, a control mechanism that verifies transactions accuracy could not be applied to a sample of transactions within a group, as opposed to the entire group. If performed randomly to a population of data a statistical minor error margin can offer a reasonably similar level of comfort over a group of transactions. Other examples may include modifications to authorization level, approval requirements, frequency of testing, completeness of testing, testing from an individual basis to a group basis (batch totals). However, with reduced control mechanisms, any discovered errors must be treated more seriously as they may reflect the existence of a larger problem.
3. The City Manager may substitute an alternate and lower-cost control mechanism if the substituted control mechanism offers a reasonably similar level of control.
4. If the alteration or elimination of a control mechanism will significantly increase the risk it was trying to mitigate, then the change may only be approved through City adoption by resolution.
SECTION 5: DEFINITIONS
Operating budget—adopted annually, the operating budget is a detailed estimate of how much the City needs to spend in its fiscal year to meet its ongoing financial obligations and provide programs and services. It establishes a spending cap that management may not exceed without special authorization.
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8 Capital budget— the capital budget is money set aside for buying or building fixed assets such as buildings, equipment, vehicles, water facilities, and land. Because capital construction normally takes place over more than one fiscal period, capital budgets are generally adopted on a project-length basis.
Capital improvement projects - infrastructure or equipment purchases or construction which results in a capitalized asset and having a useful (depreciable life) of one year or more.
Indirect Costs – Costs incurred for a common purpose not readily assignable to a cost center or user at the time services or goods are provided or delivered Pay-as-you-go financing - is defined as all sources of revenue other than City’s debt issuance, i.e., Net Assets, contributions, developer contributions, grants, endowments, etc.
Restricted Funds – Monies where restrictions on the use of these funds are imposed by an outside source such as creditors, grantors, contributors, laws, or regulations governing use.
Capital Funds – Monies that are utilized primarily to fund capital and asset costs, for both new and replacement projects.
Liquidity Funds – Monies used to safeguard the financial flexibility and stability of CITY and to maintain stable customer charges and rates from year to year. Liquidity may be funded from accumulated revenues and when appropriate available shortterm liquidity arrangements.
Cash Account(s) – Accounts used to track cash and/or cash equivalent assets for accounting or reporting purposes. For purposes of investment, the City may commingle unrestricted accounts and reserve funds, so long as the City’s Investment Policy permits such.
State of extreme emergency - During the existence of any national or local emergency created by military attack or sabotage, or in the provision for adequate national or local defense, or upon the occasion of a great public calamity, such as an extraordinary fire, storm, epidemic, earthquake or another disaster, the City Manager is hereby authorized to take such actions as is deemed by him necessary to safeguard life, health or property notwithstanding any other provisions of this charter. During the existence of any such emergency, the responsible officer may comply with any lawful federal or state law, order, or regulation, notwithstanding any conflict which may exist between such law, order, or regulation and the provisions of this charter, in safeguarding life, health, or property in the City. At the first meeting of the City Council following the commencement of such emergency, or the taking of any action under this section, the City Council shall review the situation and its finding as to the existence of such emergency or the need
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9 for any further action of an emergency nature and contrary to any provision of this charter shall be final and conclusive.
Emergency Ordinances - Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health safety and containing a statement of the reason for its urgency, may be introduced and adopted at one and the same meeting if passed by at least four affirmative votes (Charter Sec. 607).
SECTION 6: BUDGET DEVELOPMENT OVERVIEW
Budget development will use strategic multi-year fiscal planning, conservative revenue forecasts, and program-based cost accounting that requires every program to be justified annually as to how it will meet intended objectives. The process will include a diligent review of programsby staff, the CC, the CM, and the Council. The City will avoid budgetary procedures that balance current expenditures at the expense of meeting future years’ expenses, such as postponing expenditures or accruing future years’ revenues. The City’s balanced budget is to be adopted on a modified accrual basis. Non-cash items, such as investment adjustments to market value, depreciation, amortization, and bad debt expense are not budgeted. Multiyear capital projects are often budgeted both (a) on a full cost multi-year basis where the year-end active project budgets are continued to the next year until the completion of the project. And (b) their estimated cost for the budget year will also be delineated and presented in the annual budget.
SECTION 7: PROGRAM BASED BUDGET
The utilization of a program budget format will provide a basis for the evaluation of services as well as a way to evaluate impacts of potential increases or decreases in funding. Current operating expenditures will include all allowable overhead operating (indirect) costs. For the most part, these expenses will be charged to individual budget program elements through indirect cost allocation plan charges.
Applicable indirect costs will also be allocated to capital projects to provide full cost accounting as appropriate.
City staff shall strive to identify entrepreneurial solutions to recover the costs of operating programs.
Building the program-based budget will entail the following procedures:
1. Long-Term Initiatives (10-year foresight)
o Evaluate City’s vision, mission, and values.
o Evaluate the City’s goals and objectives of the above.
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10 o Evaluate the City’s prioritization of the above.
o Evaluate the City’s expected outcomes of the above.
o As an example, the fiscal sustainability plan adopted by the council should be referenced (if applicable).
2. Short-Term Initiatives (1 to 5-year foresight)
o Evaluate short-term goals.
o Evaluate service-level assumptions.
o Evaluate budget impact - revenues and expenditures.
o Evaluate staffing level changes.
3. Significant Changes (1 year look back)
o Evaluate specific issues and actions causing significant changes. Policy issues
Economic factors
Regulatory issues
Legislative challenges
o Evaluate emerging issues or changes in priorities.
4. Goals and Objectives by Department (1-year foresight) o Evaluate department goals and objectives.
o Evaluate how department goals are linked to overall City goals. o Evaluate short-term objectives, measurable results to be achieved. o Evaluate the timeframes of achieving those objectives.
5. Net Position
o Define net position
o Prepare a five-year historical trend.
o Prepare (at least a) five-year forecast.
6. Capital Expenditures
o Define capital expenditures.
o Summarize capital expenditures.
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11 Routine.
Non-routine.
o Identify and match funding sources.
o Explain how the City’s current and future budget will be impacted. Financial impact.
Non-financial impact.
7. Program - Base Budget Will Link Resources with Results o Identifying community needs for essential services
a. Priority lists should be established annually & prepared by the City Manager or designee.
b. This shall include the community’s needs for reducing the City’s legal claims. c. The Cities fiscal sustainability plan should be referenced at this time (if applicable).
o Describing the programs required to provide the essential services o Identifying the purpose of activities performed in delivering services o Establishing goals and objectives which define the nature and level of services required
o Identifying resources required to perform program activities and accomplish goals and objectives
o Staffing levels
o Program activity revenue and appropriations
o Meet bond covenant requirements for net revenues and reserve requirements
SECTION 8: REVENUE BUDGET DEVELOPMENT
While building the revenue budget, the following parameters will be followed: by the City Controller’s Department:
Revenues will not be dedicated for specific purposes unless required by law or generally accepted accounting principles (GAAP). All non-restricted revenues will be deposited in the General Fund (or other designated fund as approved by the City Council) and appropriated by the Council. • Current revenues will fund current expenditures and a diversified and stable revenue system will be developed in coordination with the City Manager’s
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12 Department and maintained to protect programs from short-term fluctuations in any single revenue source.
• The City will estimate its annual revenues by an objective, analytical process, wherever practical. The City will project revenues for the next year and will update this projection annually. Each existing and potential revenue source will be reexamined annually. In the case of assumptions uncertainty, conservative projections will be used.
• The City Manager’s Department in conjunction with the City Controller’s Department will investigate potential new revenue sources, particularly those that will not add to the burden of tax or rate-payers.
• Each year, the City will recalculate the full costs of activities supported by user fees/rates to identify the impact of inflation and other cost increases. • Grant funding will be considered (the City Manager’s Department in conjunction with the City Controller’s Department) to leverage City funds.
Inconsistent and/or fluctuating grants should not be used to fund ongoing programs. Programs financed with grant monies will be budgeted in separate cost centers, and the service program will be adjusted to reflect the level of available funding. In the event of reduced grant funding, City resources will be substituted only after all program priorities and alternatives are considered. • One-time revenue windfalls should be designated as a reserve or used for onetime expenditures. The funds are not to be used for ongoing operations. To the extent, such funds are not required for current expenditures, one-time expenditures, and/or capital improvements such funds should be maintained as operating reserves or used to reduce debt.
o For purposes of this policy, one-time revenue windfalls shall include:
Lump sum (net present value) savings from debt restructuring CalPERS Rebates
Tax Revenue growth in excess of 5% in a single year
Sale of City-owned real estate
Pure unexpected revenues (i.e. litigation settlement) Receipts from approved Development Fees
Contributions and Gifts
Any other revenues the Council may elect to designate as extraordinary
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13 SECTION 9: USER FEES/RATES
The process for changing user fees or rates will follow the existing approved User Rate policy. All user fees and charges will be examined or adjusted every year and undergo a thorough review to determine the 100% direct and indirect cost of service recovery rate at least every four years. This shall include operations and maintenance, capital outlay, and debt services costs. The Council will strive to obtain 100% cost recovery rates but will reserve the right to recover less, as appropriate. The acceptable recovery rate and any associated changes to user fees and charges will be approved by the Council following public review, each year.
Any unfavorable balances in cost recovery will be brought to the Council’s attention by the City Controller and City Manager or designee and evaluated from a departmental, program, and goals perspective.
The department responsible for each fee shall on an annual basis evaluate the completeness of the fee schedule in recovering all costs from the associated operations and shall present its findings to the City Manager. The City Manager will report these findings to the City Council if action is required as needed. The City Manager may opt to present these findings during the budget process.
SECTION 10: EXPENDITURE BUDGET DEVELOPMENT
Each program will identify activities and the recommended expenditure appropriations to perform those activities
Identify recurring vs. nonrecurring expenditures
Identify general vs. restricted expenditures
Expenditure appropriation increases to the budget shall not be allowed unless offset with ongoing additional revenues or reduction in services. Addition of personnel will only be requested to meet program initiatives and policy directives: after service needs have been thoroughly examined and it is substantiated that additional staffing will result in increased revenue or enhanced operating efficiencies and effectiveness. To the extent feasible, personnel cost reductions will be achieved through attrition or transfer. o The City Manager or designee shall evaluate the fiscal impact of proposed changes in all salaries or retirement benefits to be provided to any employee or employee association and present to the Council. Capital equipment replacement will be accomplished through a life cycle funding mechanism and in some instances the use of a “rental” rate structure. The rates will be revised annually to ensure that charges to operating departments are
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14 sufficient for the operation and replacement of vehicles and other capital equipment (fleet, computers, phones, and copier systems). The City shall endeavor to maintain adequate cash reserves to fund 100% replacement of certain capital equipment. Replacement costs will be based upon equipment life cycle financial analysis developed by each department and approved by the Budget Officer. Non-capital equipment replacement will be accomplished through a life cycle funding mechanism developed by each department and implemented and approved by the Budget Officer.
Alternative means of service delivery will be evaluated by the CM or designee to ensure that quality services are provided to customers at the most competitive and economical cost. Departments, in cooperation with the CM and CC, will identify all activities that could be provided by another source and review options/alternatives to current service delivery. The review of service delivery alternatives and the need for the service will be performed annually or on an “opportunity” basis.
A (at least) five-year Capital Improvement Plan (CIP) shall be developed and updated annually by the City Manager or designee, including anticipated funding sources. The City staff shall maintain all its assets at a level adequate to protect the City’s capital interest and to minimize future maintenance and replacement costs.
PROCEDURES FOR THE CAPITAL IMPROVEMENT PROGRAM (CIP):
The City Manager or designee will include the following actions during CIP development:
The CIP will include the total cost and expected duration of each project, spread appropriately by year. It will also include by the project the plan for grant funding for match requirement funding, and for the remaining balance.
New projects additions and existing project updates are made annually to the CIP during the Annual Budget Process.
Other current fiscal year additions to the CIP must be approved by the City Council by resolution.
Future fiscal year CIP additions may go to the City Council within the next combined Budget resolution as long a modification to current year funding is not required.
Rescheduling a capital project does not require City Council adoption by the resolution. However, deferring a capital project for more than one
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15 year requires at a minimum, City Council resolution. Elimination of a capital project requires City Council adoption by resolution by four votes.
The total estimated cost calculations of CIPs shall include adequate costs of repair and replacement of deteriorating infrastructure and avoidance of significant unfunded liability.
Proposed capital projects will be considered through the City budget development process and reviewed and prioritized by a crossdepartmental team regarding accurate costing (design, capital, and operating) as well as the City Manager or designee for overall consistency with the City’s goals and objectives. The City Manager or designee will then identify financing sources for the highest-ranking projects.
The City Manager or designee shall determine the least costly financing method for all new projects
Pay-as-you-go financing is defined as all sources of revenue other than the City’s debt issuance, i.e., Net Assets, contributions, developer contributions, grants, endowments, etc. Pay-as-you-go financing should generally be considered as the preferred option. However, the potential for debt issuance that provides additional economic and/or strategic values could be considered as recommended by the CM.
o In the context of funding future capital facilities and maintaining and replacing existing assets, in each instance, the City will analyze the benefits and tradeoffs of utilizing pay-as-you-go and/or debt financing and determine the optimal funding strategy or combination of funding strategies. The analysis should consider the City’s current and projected liquidity, and capital positions, as well as the impact of inflation, the cost of water, and other factors on the operations of the City and its capital improvement program. CITY may from time to time measure its liquidity position by calculating “day’s cash” or other appropriate calculation of liquidity and its capital positions, as measured by its debt to equity ratio or other appropriate calculation of capital position.
The City shall endeavor to apply restricted funds (i.e. existing Bond proceeds) to capital projects before using “unrestricted” funds. Capital project budget book descriptions will include a fiscal impact statement disclosing the expected operating impact of the project and
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16 when such cost is expected to occur.
An inventory of the City’s physical assets, their condition, and remaining useful life will be maintained by the City Controller’s department and will be shared with the City Manager or designee to assist with Capital Budgeting.
INDIRECT COSTS:
A systematic and rational methodology should be used to calculate the amounts allocated within an indirect cost allocation plan
City Manager or designee in conjunction with the City Controller’s Office needs to be involved in the process and knowledgeable about the methodology used
Staff shall be aware of and sufficiently trained on all applicable laws and regulations if the cost allocation is to be used as the basis for requesting reimbursement under a grant, for bond proceeds, for rate-setting, or for any other contractual or governmental regulation or restriction COMMITMENT TO CAPITAL PROJECTS:
Once the City commits a capital project, it is important to stay committed so that City resources are not wasted on unfinished projects. If a capital project has been funded and work has begun, then it will continue to be funded in subsequent years in accordance with the capital improvement program. Only by the resolution of the City Council, by four votes of Approval, shall funding for a capital project be reduced or eliminated once work has begun.
DEPARTMENT OPERATIONAL EFFICIENCY:
The City of Compton provides a variety of services, and it is important that the services are performed consistently, and at the lowest cost to the City. To support this standard, the City Manager or designee will look for opportunities to reallocate departmental responsibility so that similar City functions are organized under a single department, or to break out departmental responsibility when certain functions of one department can be more efficiently conducted by another department.
SECTION 11: ACCRUING LIABILITIES
The City Manager or designee shall endeavor to maintain cash reserves sufficient to fully fund the net present value of accruing liabilities including self-insurance provisions, obligations to employees for vested payroll and benefits, and similar obligations as they are incurred, and to maintain the highest credit rating possible for the City. At a minimum, they must be funded to 90%. If the funding is not yet at 90% then the CM, or designee, must design a reasonable, effective plan to reach the
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17 90% minimum and begin implementing it in at least the next budget cycle with Council approval.
SECTION 12: FORECASTING
The annual budget shall include a Five-Year Forecast. The forecast will be comprised of estimated operating costs and revenues as well as future capital improvement financing sources and uses. Balanced revenue and expenditure forecasts will be prepared by the CC to examine the City’s ability to absorb operating costs due to changes in the economy, service demands, and capital improvements.
The forecast will be taken into consideration when preparing budget recommendations. The forecast will be updated annually and include a five-year outlook. The CC will prepare and present these estimates to the Council at least once a year. The City’s capital plan will be informed by the ten-year forecasting process.
The forecast shall factor in future increases in demand, expected rate increases, regulations, and infrastructure renovation and renewal needs.
During the preparation of the budget, all interfund receivables and payables must be reviewed and the relevant interest expense and interest revenue payments must also be budgeted.
SECTION 13: BUDGET DOCUMENT QUALITY CONTROL
The Budget Officer or designee with assistance from the City Controller or designee must perform the following QC procedures on the Final Budget document and all underlying, linking, or foundry files, documents, or spreadsheets.
1. All summing formulas or their results must be checked for consistency, reasonableness, and appropriateness in the elements getting summed together. To document this procedure either: a printout needs to indicate the reviewer’s initials next to each sum and/or initialing on the spreadsheet.
2. Total formulas which add up other sums with the document must also follow step 1.
3. They must include a schedule that shows beginning (or a projected beginning) fund balance, anticipated revenues, anticipated expenses, anticipated inter-fund transfers, anticipate other financing sources and uses, anticipated usage of reserves, and final projecting ending fund balance for all funds. This schedule must be reviewed and initialed by the CM or designee and Budget Officer and the City Controller or designee (3 different people).
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18 a. This schedule must reveal a balanced budget and really describe reasons why reserves are used, if applicable.
4. Analytical review procedures must be performed. The final budget document must be compared, for each line, against the prior year’s budget, the prior year’s most recent audited actuals. Material differences must be explained and checked for reasonableness by the budget officer or designee and/or department manager. This review must be documented and initialed by the Budget officer and City manager or designee.
5. This schedule must include expenses or revenues, or other financing sources expected to be incurred or received during the FY that is being budgeted.
6. When the budget is received by the City Controller’s office, the City Controller or designee shall enter the budget into the finance software and check for irregularities by verifying that revenue and expenditure appropriations are balanced by fund number and by the department.
SECTION 14: TIME FRAME FOR BUDGET COMPLETION
The time frame for the completion of the budget shall follow the budget calendar adopted by the City Manager or designee.
SECTION 15: RESERVE POLICIES
RESERVE POLICY PURPOSE:
A critical element of prudent financial planning is to ensure that sufficient funding is available for current and future operating, capital, and debt service needs.
Additionally, fiscal responsibility requires anticipating the likelihood of and preparing for, unforeseen events. The City of Compton (“City”) will at all times strive to have sufficient funding available to meet its operating, capital, and debt service obligations.
Reserve Funds (“Funds”) will be accumulated and maintained to allow the City to fund operating expenses and capital expenditures in a manner consistent with its Annual Operating and Capital Improvement Budgets and its long-term Capital Improvement Program, respectively, and avoid significant customer or taxpayer rate fluctuations due to changes in cash flow requirements.
Through a variety of policy documents and plans, including the City’s Capital Improvement Program, master plan, and strategic plan, the Council has set forth a number of long-term goals for the City. A fundamental purpose of the City’s policy
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19 documents and plans is to link what must be accomplished with the necessary resources to successfully do so.
The Council may designate specific fund accounts and maintain minimum fund balances consistent with statutory obligations that it has determined to be in the best interest of the City. The Policy directives outlined in this section are intended to ensure the City has sufficient funds to meet current and future needs. The Council shall annually review the level of these funds in the budget book.
RESERVE TRACKING PROCEDURES:
The City may maintain its liquidity and capital funds in separate, designated subaccounts in a manner that ensures its financial soundness and provides transparency to its stakeholders. The account balances are considered the minimum necessary to maintain the City’s creditworthiness and adequately provide for:
Compliance with applicable statutory requirements
Financing of future capital facilities and repair and replacement of existing assets
• Per the City Charter: section 1413 & 1414
Section 1413. Public Service Departments’ Depreciation
Funds. The City Council shall annually set aside from the income derived from its revenue-producing public utilities, as a separate depreciation fund for each of said public utilities, a sum which, according to the estimate of the City Manager, and approved by the City Council, shall be sufficient to meet the normal depreciation in said public utility. Such depreciation funds shall be used only for the replacement, betterment, and extension of the plants and equipment of said public utilities, respectively.
Section 1414. Capital Outlays Funds. A fund for capital outlays, generally, is hereby created, to be known as the “Capital Outlays Fund.” The City Council by ordinance may create a special fund or funds for a special capital outlay purpose. The City Council may levy and collect taxes for capital outlays and may include in the annual tax levy a levy for such purposes in which event it must apportion and
appropriate to any such fund or funds the monies derived from such levy. It may not, in making such levy, exceed the
maximum tax rate provided for in this Charter, unless
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20 authorized by the affirmative votes of a majority of the electors voting on the proposition at any election at which such question is submitted. The City Council may transfer to any such fund any unencumbered surplus funds remaining on
hand in the City at any time. Once created, such fund shall remain inviolate for the purposes for which it was created; if, for capital outlay, generally, then for any such purposes, and if for a special capital outlay, then for such purpose only, unless the use of such fund for some other purpose is authorized by the affirmative votes of a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. If the purpose for which any capital outlay fund has been created has been accomplished the City Council may transfer any unexpended or unencumbered
surplus remaining in such fund to the fund for capital outlays, generally established by this Charter.
Cash flow requirements
Economic uncertainties, local disasters, and other financial hardships or downturns in the local or national economy
Contingencies or unforeseen operating or capital needs Additionally, the City has established and will maintain the following primary cash (and/or equivalent) accounts (and any other related fund tracking mechanism if needed):
Restricted Cash Account(s) – comprised of Bond Proceeds, legally restricted grants or contracts, Developer and or Capacity Fees and Customer Deposits
Unrestricted Capital Cash Account(s) – comprised of money set aside for Capital Projects, including those for General and Administrative Capital Projects
Liquidity Cash Account(s) – monies set aside for Rate Stabilization, for enterprise funds, the Operating Reserve, the Emergency Reserve.
RESERVE MAINTENANCE:
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21 The minimum established for each reserve type represents the baseline financial condition that is acceptable to the City from risk and long-range financial planning perspectives. Maintaining reserves at appropriate levels is a prudent, ongoing business process that consists of an iterative, dynamic assessment and application of various revenue-generating alternatives. These alternatives (either alone or in combination with each other) include, but are not limited to: taxes, fees and charges, asset or resource management, capital financing, investment of funds, and levels of capital expenditures.
RESERVE TARGET LEVELS:
To establish and preserve its strong credit ratings, in every fiscal year the City will strive to maintain a Liquidity fund balance totaling a minimum of 180 days of budgeted operating expenses without regard to any Liquidity Facility.
The following represents the City’s target reserve levels by type:
I. RESTRICTED FUNDS
a. Bond Proceeds Fund(s): Bond proceeds funds are monies derived from the proceeds of a bond issue. Typically, they consist of construction fund monies, and a debt service reserve fund (“DSRF”). The use of these proceeds is restricted by conditions set forth in the respective legal bond documents.
Typically, these funds are held by the Trustee in favor of the bondholders.
Target Level – The debt service reserve requirement is established at the time of the bond issue. This amount may be recalculated as the bonds are paid down. Any excess principal and/or interest earnings can be used to pay debt service on the appropriate bonds. The target level must appropriately respond to changes in interest rates for variable-rate debt.
Events or Conditions Promoting the Use of the Fund(s) – As stipulated in the respective bond documents. Construction fund monies are expected to be spent on applicable projects, while DSRF can only be used to pay debt service or to pay down principal at maturity.
Review Dates for Balances – Reviewed by the Trustee and City staff on a semiannual basis at least 15 days prior to an interest payment date. b. Customer and Development Deposits: Monies held on behalf of City customers as required for their account or as cash bonds for development projects.
CITY BUDGET POLICY
22 Target Level – Customer deposits required are based upon the process outlined in the City’s Water Service Regulations. Deposit requirements for development projects are also outlined in the City’s Water Service Regulations.
The balance in this account will fluctuate depending on the number of utility customer deposits required and the number of development projects in process. Therefore, no minimum or maximum levels will be established.
II. CAPITAL RESERVE FUNDS
The City will strive to maintain minimum balances in the Capital Reserve Funds, as of June 30, of any fiscal year equal to the amounts set forth below.
The Capital Reserve Funds will consist of the following sub-accounts:
a. Capital Project Account: The Capital Project Reserve is used for the funding of new capital assets or the rehabilitation, enhancement, or replacement of capital assets when they reach the end of their useful lives.
Target Level – City may set aside capital money for replacement funds on a project-by-project basis. The minimum target level the City will strive for is 100% of its then-current fiscal year from the Capital Improvement Budgets plus 80% of the amount estimated to be needed the following fiscal year. Failure to meet the minimum target level will not result in a violation of the policy. The maximum balance may be determined upon the reasonable needs of the City as set forth in the Capital Improvement Program, the City’s Master Plan Documents and Strategic Plan.}
Events or Conditions Prompting the Use of the Fund – Staff will recommend new assets to be constructed or assets to be rehabilitated, enhanced, or replaced during the annual budget preparation. As projects are approved, funds will be appropriated from reserve funds or available revenues.
Review Dates for Balances – Fund balances and projected improvement projects will be reviewed by staff and the Council during the preparation and approval of the annual budget and during the mid-year budget review process. b. Administrative & General Account: The Administrative & General Account can be used to fund certain general, administration and overhead projects. Fleet Management, Building, Equipment, and Information Technology reserves will be maintained based upon life cycle replacement plans to ensure adequate net asset (fund balance) designation required for systematic replacement of fleet vehicles, building components and systems, computers and related equipment, and operational contingencies. Operating departments will be charged over the useful life of the asset used. The City shall endeavor to stabilize funding by building
CITY BUDGET POLICY
23 reserves equal to the anticipated replacement cost of each asset class at end of useful life.
Target Level – This Account has no specific target level for each component.
However, the City shall seek to maintain a minimum balance equal to 5% of its annual operating expenses. Special projects can be funded on an as-needed or project-by-project basis.
Events or Conditions Prompting the Use of the Fund – Improvement projects will be identified by staff and recommended to the Council during the preparation of the annual budget. As projects are approved, funds will be appropriated from available revenues.
Review Dates for Balances – Fund balances and projected improvement projects will be reviewed by staff and the Council during the preparation and approval of the annual budget and during the mid-year budget review process.
III. LIQUIDITY FUNDS
Liquidity Funds will be comprised of the following sub-accounts: The Rate Stabilization Reserve Account, the Operating Reserve Account, the Emergency Account, and the water banking account, when applicable. The balance in the Liquidity Funds will fluctuate depending on the annual operating expenses. Further, the City will also incorporate an aggregate reserve goal since policy requirements and goals might fluctuate year over year. The total reserve goal of maintaining cash and equivalents shall be equal to 180 “days’ cash”.
a. Rate Stabilization Account for Enterprise Funds: This fund is established to provide flexibility to the Council when setting rates to allow for absorbing fluctuations in water demand and smoothing out rate increases over a period of time.
Target Level – This fund shall be maintained at a minimum level equal to the lower of (1) a calculation of the difference between (a) the amount of revenue from the lowest year of historical water usage going back 25 years and (b) the amount of revenue from a typical year using current rates; or (2) 180 days of the budgeted total operating expenses
Events or Conditions Prompting the Use of the Fund – This fund is intended to be used to defray any temporary unforeseen decreases in the sale of water.
The Council, on a case by case basis, will determine the amount and timing for any use of the fund. If at the end of any fiscal year, moneys on deposit in all accounts or reserve funds are at or exceed their respective maximum amounts or levels, the City may consider rebating surplus amounts to its
CITY BUDGET POLICY
24 ratepayers.
Review Dates for Balances – Fund balances will be reviewed by staff and the Council during the preparation and approval of the annual budget and during the mid-year budget review process.
b. Operating Reserve Account: The Operating Reserve Account is used for unanticipated operating expenses. This fund is designated by the Council to maintain a reserve for current operations and to meet routine cash flow needs.
Target Level – Funding shall be targeted at a minimum amount equal to 180 days of the City’s budgeted total operating expenses
Events or Conditions Prompting the Use of the Fund – Upon Council authorization, this fund may be routinely utilized by staff to cover temporary cash flow deficiencies caused by timing differences between revenue and expenses or decreases in revenues and unexpected increases in expenses.
Review Dates for Balances – Fund balances and target level will be reviewed by Staff and the Council during the preparation and approval of the annual budget and during the mid-year budget review process.
c. Emergency Account. The Emergency Account may be used to make emergency purchases of water in the Water Enterprise Fund at any time or to begin repair of the water system after a catastrophic event, such as a severe earthquake, drought, or fire while interim, or long-term financing is being arranged or insurance claims are being processed. The City may use funds herein for either capital or operating purposes. It may also be used for general emergency purposes in the General Fund.
Target Level – Funding shall be targeted at a minimum equal to 1% of the net capital assets of the City’s, a target level of 2% of the net capital assets and a maximum of 3% of the net capital assets of the city.
Events or Conditions Prompting the Use of the Fund – The Council may designate use of this fund after establishing that conditions exist as called out in the definition and purpose of the fund.
Review Dates for Balances – Fund balances and target level will be reviewed by staff and the Council during the preparation and approval of the annual budget and during the mid- year budget review process.
d. Water Banking Account (Water Enterprise Fund). The Water Banking Account can be used to fund the purchase of replenishment water for future use. The City will strive to maintain a minimum level equal to the cost of 1,000 acre-feet of water and a maximum amount equal to the cost of 10,000 acre-feet of water.
The City will review annually the cost to purchase water.
CITY BUDGET POLICY
25 Target Level. Funding shall be targeted at a minimum equal to the existing rate times 1,000 acre-feet of water and a maximum equal to the existing rate times 10,000 acre-feet of water.
Review Dates for Balances – Fund balances and target level will be reviewed by staff and the Council during the preparation and approval of the annual budget and during the mid- year budget review process.
Self-Insurance Reserves (workers’ compensation, other employment related matters) will be maintained at a level, which, together with purchased insurance policies, will adequately cover the City’s property, liability, and health benefit risk. A qualified actuarial firm shall be retained and report on a bi-annual basis recommended appropriate funding levels. The City shall endeavor to maintain reserves equal to 90% of the estimated net present value of such liabilities. If the funding is not yet at 90% then the City Manager, or designee, must design a reasonable, effective plan to reach the 90% minimum and begin implementing it in at least the next budget cycle with City Council approval.
SECTION 16: BUDGET SURPLUSES AND DEFICITS
SURPLUSES:
It is the intent of the City to use all surpluses generated to accomplish three goals:
Meet reserve policies
Avoidance of future debt or liabilities
Reduction of outstanding debt
Any surplus realized at year-end shall be used first to meet reserve policies as set forth in this policy. Excess surplus will then be used for the following purposes:
Capital replacement program
Retirement or refinancing of existing debt
Cash payments for capital improvements
One-time revenue windfalls should be designated as a reserve or used for one-time expenditures. The funds are not to be used for on-going operations. To the extent such funds are not required for current expenditures, one-time expenditures and/or capital improvements such funds should be maintained as operating reserves or used to reduce debt.
CITY BUDGET POLICY
26 For purposes of this policy, one-time revenue windfalls shall include:
• Lump sum (net present value) savings from debt restructuring • CalPERS Rebates
• Tax Revenue growth in excess of 5% in a single year
• Sale of City-owned real estate
• Pure unexpected revenues (i.e. litigation settlement) • Receipts from approved Development Fees
• Contributions and Gifts
• Any other revenues the Council may elect to designate as extraordinary DEFICITS:
It is the intent of the City to minimize all net asset (fund balance) deficits. The City Controller or designee will diagnose and communicate any fund balance deficits with the following recommendations to the Council:
Primary Treatments – treatments that are recommended as the first line of defense and should be considered as a first option. In many cases, these treatments not only provide immediate help but also improve the long-term prognosis.
Treatment to Use with Caution – treatments that may be called for if the primary treatments are not sufficient. However, the side effects of these treatments could potentially worsen financial condition if used improperly.
SECTION 17: AFTER ADOPTION OF THE BUDGET
City staff shall strive to avoid returning to the Council for new or expanded appropriations. Exceptions may include emergencies, unforeseen impacts, midyear adjustments, or new opportunities.
The City will follow an aggressive, consistent, but sensitive policy of collecting revenues, with proper internal controls, to meet the needs of the City and follow all applicable state and federal laws.
The Council is to be provided with a monthly budget report comparing actual versus budgeted revenue and expense activity. Significant deviations between budget and actual results are to be explained. This will create an opportunity to adjust revenue projections and make expenditure appropriation changes if needed. Further, it also provides an opportunity to make budget transfers if necessary.
CITY BUDGET POLICY
27 All fund designations and reserves will be evaluated at least annually by the City Controller for long-term adequacy and use requirements in conjunction with the development of the City’s balanced five-year financial plan and mid-year budget review procedures.
For Budget Amendments or Adjustments, when updating expenditure budgets from approved budget adjustments or amendments, the Accountant performing the adjustment shall check if there is enough budget in the appropriate revenue or other financing source account to cover the additional budgeted expenditures. If there is not enough budgeted revenue or other financing sources, then the Accountant shall not post the budget adjustment and shall send it back to the original requestor, unless it is approved.
PERFORMANCE MEASUREMENT
Every year, the City shall review its Strategic Plan that identifies the Strategic Priorities for the following year, with the goals and objectives to be achieved. Annually, each department shall develop departmental performance measures that support achieving successful results of those goals identified within the Strategic Plan. The measures should be a mix of different types, including effectiveness, efficiency, budget, demand, and workload. Measures should have performance indicators that ensure continuous improvement. o Department Directors shall establish performance measures for each division or program within their department to monitor and project program performance.
o Quarterly summaries of the progress on departmental performance measures shall be submitted to the City Manager or designee.
SECTION 18: APPROPRIATIONS
LEGAL LEVEL OF CONTROL:
Policy reference
1. The City council of the City of Compton does herby resolve……..that the City Manager may transfer appropriations from the proposed general Fund contingency within the adopted budget. A quarterly report shall be made by the City Manager describing each transfer and a reason, therefore (Resolution No. 21,619).
2. The City council of the City of Compton does herby resolve……..that the City Manager may transfer funds within, but not between, each of the budgeted departments as required to achieve the purpose of said departments. A quarterly report shall be made by the City Manager describing each transfer and the reason, therefore (Resolution No. 21,619).
CITY BUDGET POLICY
28 3. At any meeting after adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least four members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget (Charter Sec. 1408).
4. That the City manager may transfer budgeted amounts from one object to another object if they are within the same fund group, by no more than $5,000 per object. A budgetary transfer shall be reported to the City Council on a monthly basis in a report prepared by the City Controller (Resolution No. 21925).
5. That administrative accounting for budgetary transfers is performed by the City Controller.
All such transfers shall be reported to the city council on a monthly basis in a report prepared by the City Controller
ENCUMBRANCES:
Funds that are restricted by law or contract to a particular use shall be reserved for the specified use, shall be encumbered to that use, and shall be appropriated to the proper department or departments that are responsible for the specific use. Such encumbered funds shall not be reassigned for any use other than what is proscribed by the law or contract for the said fund.
LAPSE IN BUDGET:
In the event the City Council has not adopted a combined Budget resolution prior to the beginning of a new fiscal year, the City will continue to operate and meet those obligations necessary to maintain existing service as prioritized by the City Manager. In this event and at the direction of the City Manager, the City Controller will temporarily appropriate funds necessary for each department upon City Council adoption of a combined budget resolution, the city controller will adjust the temporary appropriation so that they match the appropriations adopted by the City Council in the adopted budget resolution.
SECTION 19: TRANSFERS
TRANSFERS OF APPROPRIATIONS:
The City Controller or Designee, upon approval of the Council, may transfer any unused balance or portion thereof from previously appropriated funds to augment existing appropriations. The City Controller or designee shall notify the CM and the Council of any transfer of funds made pursuant to this section which exceeds ten percent (10%) of the original appropriation to which the transfer is made.
City departments may need to request expenditure budget transfers under certain circumstances. It may be necessary to transfer funds from one
CITY BUDGET POLICY
29 activity or project to another to reflect the realignment of priorities, duties, or reorganization. Transfers among objects of expenditure within a department also may be needed to adjust budget estimates to meet actual operating realities. The following represent restrictions on budget transfers:
Appropriations carried forward from the prior year(s) cannot be used for budget transfers
o Carryforward appropriations are not surplus and must be used for the purpose originally budgeted and approved for carryforward. The following types of budget transfers require approval from the Council:
o Transfers involving salaries
Transfers from professional services contracts to salaries require approval
o Transfers involving new equipment budget.
Equipment can only be purchased using appropriations
specifically for equipment. Note that such transfers can only be from non-salary appropriations
TRANSFER PROCEDURES:
The City Manager may transfer budgeted amounts from one object to another object to another object if they are within the same fund group, and by no more than $5,000 per object per fiscal year. This allows the city manager to transfer up to $5,000. From one object to another within the same fund group, without requiring City Council adoption by resolution. Budget transfers procedurally are to follow these guidelines. a) Budgeted amounts transferred from one object to another object within the same classification, department, and fund require department head approval. b) Budgeted amounts transferred from one object to another object within the same department and fund, but within a different classification require City Manager approval if for an amount less than $5,000 per object per fiscal year. If the amount is greater than $5,000 then the City Council adoption by resolution is required for approval.
c) Budgeted amounts transferred from one object to another object within the same fund, but within a different classification and department require City Manager or designee approval if for an amount less than $ 5,000 per object per fiscal year. If the amount is greater than $ 5,000 then City Council approval is required for adoption.
CITY BUDGET POLICY
30 d) Budgeted amounts transferred from one object to another object within a different fund require city council adoption by resolution.
e) Accounting for any transfers of funds is performed by the controller’s office. All such transfers shall be reported to the city council on a monthly basis in a report prepared by the controller’s office.
f) If and when the budget transfer request is completely approved, the City Controller’s Department is responsible to enter a budget transfer journal entry in the financial system
o Before entering the budget transfer into the finance software, City Controller Dept. staff must:
Verify completeness of information and reasonableness of justification
Verify funding availability and appropriateness (e.g., budget carried forward from the previous fiscal year cannot be the funding source of a budget transfer)
Verify the accurate use of the accounting codes, budget unit codes, and object codes
Return to the department if the request is being rejected or requires substantial changes
Review data entry for accuracy of data based on the
approved budget transfer requests.
At fiscal year-end, the City Controller shall notify the CM and the Council of any transfer of funds made which
exceeds 10% of the original appropriation to which the
transfer is made. If multiple transfers were made at
different times of the year, the individual transfer, as well as the cumulative transfers exceeding the 10% threshold, will be reported.
TRANSFERS OF RESERVES:
In the event, the Liquidity cash account balance exceeds the established aggregate maximum (if applicable), excess monies will be transferred annually into the Capital cash account. On an as-needed basis, money from the Emergency Account of the Liquidity Fund can be moved to the Operating Reserve Account to pay for operating emergencies to supplement the Liquidity Funds. The City Council shall approve any reallocation of reserve funds or any transfers among such funds.
CITY BUDGET POLICY
31 SECTION 20: CARRYOVERS
On an annual basis, the CC or designee shall produce a schedule of all fund surpluses and deficits, with projections of reserve requirements and a plan for the use of an excess surplus for the current year. These will be Carryovers.
Automatic Carryovers include:
Contractual commitments
Grant, restricted donation, and capital project appropriations which are considered life-cycle appropriations (active, under construction) June Council items (appropriation items)
June Council items and active/ongoing CIP carryovers are automatic. CIP projects that are under construction, in the process of design and specification development or production of bid documents will automatically be carried over for both encumbered funds and unencumbered funds.
Carryovers that are not automatic: Projects that have been on the CIP list for multiple years that are not proceeding to design, bid, or construction should provide a more detailed explanation of their status and a justification for the continuing need for the project funding. These projects will be closed out unless the department provides sufficient justification to keep them open. The justification should contain the information necessary to determine the status of the project and its continuing justification. Carryovers can only take place once the last invoices for the fiscal year have been paid and charged against the fiscal year that is ending. The Carryover Request forms will be closed on July 1st of every year. Any subsequent carryover requests will need to be taken to the Council by the requesting department.
Amounts carried over are subject to change depending on completion of the annual financial audit for that fiscal year and the resulting calculation of the availability of underspent budget balances.
March 15, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY CONTROLLER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
TO RECEIVE AND FILE INTERNAL CONTROL POLICIES RELATING TO
GENERAL ACCOUNTING, BANK RECONCILIATION, AND CAPITAL
(FIXED) ASSET PRACTICES
SUMMARY
The City Controller’s Department has prepared a General Accounting, Bank Reconciliation, and Capital (Fixed) Asset policy to address deficiencies and weaknesses in internal controls surrounding Accounting, Bank Reconciliation, and Capital (Fixed) Asset practices that are primarily performed within the City Controller’s Department.
These policies which are attached as Exhibits A, B, and C, all include (a) provisions for proper separation of duties to avoid conflicts of interest, (b) provisions for methods to ensure continuity of operations during the absence of Departmental staff, and (c) provisions for proper procedures to be put in place to ensure that appropriate staff perform their accounting functions effectively and efficiently. The provisions contained in the policies directly address audit findings that the City has received in the past from the State Controller’s Office as well as from its external auditors, Eadie and Payne, LLP.
Additionally, the financial policies and procedures currently in place to address these issues were not sufficient and they will be replaced with the attached policies. Per our review there were no existing policies that were previously adopted by the City Council that addressed these needs and therefore these do not conflict with already adopted policies on these matters.
Background:
Per the City’s FY2019 Single Audit Report, Finding No. 2014-051A is stated as follows:
2014-051A – Material Weaknesses in Internal Control (MW)
13. SCO Finding 3 – Material weaknesses in internal control resulted in the City’s losing $3.72 million
Staff Report – Resolution Receive and File Internal Control Policies March 15, 2022, page 2 of 12
Condition: On November 3, 2017, the former Deputy Treasurer of the City was sentenced to six and a half years in federal prison on charges stemming from his embezzlement of more than $3.72 million of City funds from May 2010 through December 2016. The former Deputy Treasurer held his position for more than 20 years; his primary responsibilities included the verification of daily collections to the Cashier Count Report and completion of the bank deposit process.
According to a forensic audit report, dated March 2017, the City's former Deputy Treasurer was able to obscure his embezzlement scheme for over six years. This was partly because: (1) he embezzled small amounts on a daily basis by duplicating and otherwise falsifying bank deposit slips, while presenting accurate documents for recording in the City's accounting system; and (2) internal controls were insufficient to allow the theft to be detected, as City Management failed to closely monitor bank accounts.
Given the City's continuing budget deficit, City Management should have maintained rigorous internal controls over cash handling and reconciliation processes. Instead, the City failed to implement basic internal controls in its cash receipt process, resulting in a loss of millions of dollars badly needed by the City.
Some basic internal control deficiencies are as follows:
Failure to implement proper segregation of duties, which is key to protecting assets such as cash. The former Deputy Treasurer was allowed to perform the first cash count and reconcile count by himself, and also to complete all necessary paperwork for the deposit process. This internal control deficiency provided him with the opportunity to embezzle cash; Failure to complete monthly bank reconciliations in a timely manner (see Finding SCO Finding 8); and
Failure to implement read-only access for online monitoring of bank activity in the City Controller's Office. An employee assigned to monitor the City's banking activity might have been able to quickly identify discrepancies between the total cash deposited and the total cash amount stated in the Cashier Count Reports.
Staff Report – Resolution Receive and File Internal Control Policies March 15, 2022, page 3 of 12
Recommendation: Although the City stated that it has implemented several new procedures within the Treasurer's Office, and that the City Controller's Office has implemented read-only access for monitoring bank activity, these procedures have yet to be incorporated in its formal Policy and Procedures manual. The SCO recommended that the City update its formal Policy and Procedures manual to incorporate the recently implemented internal control procedures, and complete these updates as soon as possible.
E+P concurs with the SCO finding and recommendation.
This audit finding and recommendation demonstrated the need for the implementation of policies affecting internal controls. The policies attached to this resolution are policies primarily affecting the City Controller’s Department Operations. Policies that are to be implemented City-wide will be brought before the City Council in another staff report and resolution.
Other findings and recommendations listed in the FY2019 Single Audit report demonstrate the need for many of the provisions contained in these policies, such as having succession planning procedures, as well as how to avoid inciting repeated or new audit findings in the future. Other specific audit finding recommendations are listed below according to their finding number, which has been obtained from the FY2019 Single Audit report:
#2014-072B – Commitment to Competence (SD):
Recommendation: We recommend that the City implement a remedial action plan to adequately staff the departments that are short on staff. In addition, we recommend that the City implement policies to address the importance of experience and proper training of back-up staff when regular staff members are not available.
#2014-074B – Commitment to Competence (SD):
Recommendation: We recommend that the City implement a remedial action plan to adequately staff the departments. Most importantly, the City Controller’s Office should be staffed with qualified and experienced individuals who can contribute immediately to the performance of its accounting functions. In addition, we recommend that the City implement policies to address the importance of experience and proper training of back-up staff when regular staff member are not available. Inexperienced staff may cause material impact in the City’s operations in terms of incurring additional costs, delaying the processing of financial transactions, and failing to keep City Management and the City Council updated with accurate information.
Staff Report – Resolution Receive and File Internal Control Policies March 15, 2022, page 4 of 12
#2014-083B – Management Philosophy and Operating Style (SD):
Recommendation: The SCO recommends that the City evaluate its hiring practices for its upper management positions. In addition, we recommend that the City develop a succession plan that will help it to ensure continued leadership even during management turnover.
#2014-093B – Assignment of Authority and Responsibility (MW):
Recommendation: We recommend that the City assess its current processes and implement policies and procedures to segregate incompatible functions. #2014-100B – Risk Identification (MW)
Recommendation: We recommend that the City start doing risk assessments to be able to identify and properly address risks.
#2014-101B: Risk Identification (SD)
Recommendation: We recommend that the City put mechanisms in place to aid in anticipating, identifying, and reacting to routine events that affect the achievement of objectives.
#2014-107B: Policies and Procedures (General Applications) (MW) Recommendation: We recommend that the City update its formal Policy and Procedures manual to incorporate the recently implemented internal control procedures, and complete these updates as soon as possible. #2014-108B: Policies and Procedures (General Applications) (MW) Recommendation: We recommend that the City continue to review and update its Administrative Policies and Procedures manuals to ensure consistency with current processes and organizational structure; and perform periodic and ongoing reviews to ensure proper documentation, accuracy, and completeness in its financial transactions and records. When completed, the updated Administrative Policies and Procedures manuals should be readily available to all responsible employees.
The manuals should clearly state the authority and responsibility of all employees, especially the authority to authorize transactions and the responsibility for the safekeeping of assets and records.
#2014-111B: Common Categories of Control Activity (MW)
Recommendation: We recommend that the City assess its current processes and implement policies and procedures to segregate incompatible functions.
Staff Report – Resolution Receive and File Internal Control Policies March 15, 2022, page 5 of 12
#2014-114B: – Common Categories of Control Activities (MW) Recommendation: We recommend that City Management and department heads evaluate if proper segregation of duties are in place. If not, mitigating controls should be developed and implemented to decrease the risk of error or inappropriate actions.
#2015-115B: – Common Categories of Control Activities (SD) Recommendation: We recommend that the City continue to review and update its Administrative Policies and Procedures manuals to ensure consistency with current processes and organizational structure; and perform periodic and ongoing reviews to ensure proper documentation, accuracy, and completeness in its financial transactions and records.
#2014-117B: – Information (SD)
Recommendation: We recommend that City Management communicate and manifest the importance of timely communication in the policies and employee manuals.
#2014-122B – Communication (BP)
Recommendation: We recommend that the City has forms and means of communication in place to be able to communicate important information with employees and others.
#2014-130B – On-Going Monitoring (BP):
Recommendation: We recommend that the City have periodic internal control meetings with employees to gain insights of the employees’ perspective and get some feedback.
#2014-134B – Separate Evaluation (MW):
Recommendation: We recommend that any deficiencies found during internal audit evaluations are promptly resolved to reduce the risk of subsequent effects. #2014-136B – Report Deficiencies (SD):
Recommendation: We recommend that issues and deficiencies are directly communicated to the responsible personnel and elevated to someone at least a level higher.
Staff Report – Resolution Receive and File Internal Control Policies March 15, 2022, page 6 of 12
#2014-060A & #2015-020: – Capital Assets (MW)
Recommendation: We recommend that the capital asset subsidiary ledger and the general ledger be brought up to date. It may be necessary to hire an outside company to perform a complete inventory of assets and to establish the estimated cost basis and date of acquisition, if sufficient records are not available to reconstruct the asset detail. In addition, we recommend that capital asset software be obtained to maintain accountability of capital assets and to compute depreciation. Currently, Excel spreadsheets are being used for this purpose.
We also recommend the City develop and implement monthly and year-end closing checklists for staff to use as a guide. The City could require staff sign off on steps as completed and a supervisor approval of the completed checklist on a monthly basis. Such a checklist would prevent routine entries from being forgotten. #2014-087B – Management Philosophy and Operating Style (MW):
Recommendation: We recommend that the City establish City-Wide procedures for fixed asset accounting, management, control and accountability. Procedures should also be established for proper financial accounting and reporting in accordance with GAAP, GASB, and other applicable government accounting standards; A complete and accurate listing of fixed assets of significant value; and maintenance of fixed asset records for the life of each asset, which should be retained in accordance with the City’s records retention program. #2015-021: – Construction in Progress – Lack of Status Reports (SD) Recommendation: The City should strengthen review procedures for invoices to ensure that City is only paying for actual work performed by contractors. #2019-004 & #2018-006 & #2015-002 & #2104-007: Equipment and Real Property Management – Maintenance of Property Records (MW, NC)
Recommendation: We recommend the City maintains complete property records, which include a description, serial number or other identification number, source, title holder, acquisition date, cost, percentage of federal participation in the cost, location, use and condition, and any ultimate disposition data including the date of disposal and sale price of the property. #2019-002– Program Income – Identification, Determination, Assessment, and Recording (MW, NC):
Staff Report – Resolution Receive and File Internal Control Policies March 15, 2022, page 7 of 12
Recommendation: We recommend that the City strengthen their procedures in relation to identifying, determining, assessing, and recording program income.
The City should have procedures in place to accurately identify program income as they are received and are appropriately recorded in the CDBG fund as such and into IDIS. The City should ensure that program income received should be applied first.
#2019-011 & #2018-015– Accounts Receivable Roll Forward Balances (SD):
Recommendation: The City should implement and maintain procedures to periodically review balance sheet general ledger accounts to ensure that prior period accruals are properly reversed, if necessary, and to review account balances for reasonableness.
#2019-014 & #2018-020 – Prepaid Expenses and Roll Forward Balances (SD):
Recommendation: The City should implement and maintain procedures to periodically review balance sheet general ledger accounts to ensure that prior period accruals were properly reversed and not posted against incorrect accounts. #2019-017: – Interfund Balances (SD)
Recommendation: The City should establish policies and procedures over interfund balances, train and designate staff track interfund balances, and ensure these balances are tracked and reconciled timely.
#2018-021: – Interfund Balances (SD)
Recommendation: The City should establish policies and procedures over interfund balances, train and designate staff track interfund balances, and ensure these balances are tracked and reconciled timely.
#2019-019: N/A
#2018-026: – Accrued Interest (SD)
Recommendation: The City should ensure that its staff is provided with the appropriate training in order to successfully perform their assigned duties, including appropriate governmental accounting training. In addition, work performed by staff members should be reviewed by someone with a firm understanding of governmental GAAP.
#2019-031: – Journal Entries (SD)
Recommendation: We recommend the City strengthen the review process for journal entries as to accuracy, classification, and period of performance in accordance with governmental GAAP prior to posting.
Staff Report – Resolution Receive and File Internal Control Policies March 15, 2022, page 8 of 12
#2018-019: – Utilities Allowance for Doubtful Accounts (SD) Recommendation: The City should implement and maintain procedures to periodically review balance sheet general ledger accounts to ensure that balances are properly adjusted. We recommend the City establish procedures in place to promptly identify uncollectible accounts and perform collection attempts. #2018-021: – Interfund Balances (SD)
Recommendation: The City should establish policies and procedures over interfund balances, train and designate staff track interfund balances, and ensure these balances are tracked and reconciled timely
#2018-030: – Payables and Expenses – Deposits (SD)
Recommendation: The City should maintain a deposits schedule and review it periodically to ensure that revenues are recorded in the correct period. #2018-034: – Bonds Payable (SD)
Recommendation: Payments on the 1995C Accretion Bonds should be properly recorded as interest and principal in accordance with the accreted value schedule. #2018-035: – Bond Refunding (MW)
Recommendation: The City should ensure that infrequent transactions are reviewed in detail by individuals with a firm understanding of GASB standards. #2017-013, #2016-009, #2015-012, & #2014-045: - Bank Reconciliations (MW) Recommendation: The City should dedicate appropriate resources and have City employees trained to perform monthly bank reconciliations for all City bank accounts. Subsequently, a documented review and approval of the bank reconciliations should be performed in a timely manner to ensure that any discrepancies are discovered and addressed appropriately. #2015-022: - Construction in Progress – Retentions (SD) Recommendation: The City should strengthen review procedures for invoices. Also, construction in progress should be separately tracked to ensure that all retention liabilities are properly recorded, tracked, and cleared as appropriate. #2015-023:- Retentions Payable (SD)
Recommendation: The City should establish procedures, assign staff, and provide adequate training to properly record and track retention payable. The City should establish policies and procedures to ensure that when an invoice for a retention is paid, the retention payable is relieved in the same period.
Staff Report – Resolution Receive and File Internal Control Policies March 15, 2022, page 9 of 12
#2015-024: – Long-term Debt – Government-wide (MW)
Recommendation: The City should maintain government-wide funds during the fiscal year or at least on a period basis. This would aid in better overview of outstanding obligations and can contribute to more effective and accurate budgeting.
#2015-025: – Long-term Debt – Discount on Bonds (SD)
Recommendation: The City should have month end and/or year-end checklists to ensure that all routine journals are prepared, approved, and posted. Periodic reviews of the financial statements would also allow the detection of unusual items (no movement in long-term obligations and related accounts). #2015-026: – Accruals (SD)
Recommendation: Review of year end balances would have allowed the City to discover the error due to the unusual balance in one account and a zero change from one year to the other.
#2015-028: – Accrued Payroll (MW)
Recommendation: The City should provide proper training to staff to allow them perform their day-to-day duties effectively. Adequate and timely review of the journals prior to posting would also allow for errors to be detected and corrected in a timely manner.
#2015-029: – Accrued Liabilities (MW)
Recommendation: The City should implement and maintain procedures to identify and record accrued liabilities. This may require additional software or training on the use of current software.
#2014-013: – Internal Control over Journal Entries – Supporting Documentation (MW)
Recommendation: Adequate support that explains the purpose of the journal entry and from where the amounts are derived should be attached to the journal voucher to ensure existence and accuracy.
#2014-014: – Internal Control over Journal Entries – Maintenance of Records (MW) Recommendation: The process of preparing journal entries should be formalized in a policy. Items that can be included in the policy are who can prepare journal entries, who can approve, dollar limits to approvals, what supporting documentation should be attached, how the entries are numbered and filed for future reference etc.
Staff Report – Resolution Receive and File Internal Control Policies March 15, 2022, page 10 of 12
#2014-015: – EFT Journal Entries (MW)
Recommendation: EFT journal entries should be documented as reviewed and approved by the Controller or appropriate personnel prior to posting and disbursement.
#2014-046: – Cash Account Adjustments (MW)
Recommendation: The City should not be posting journals to cash accounts unless absolutely necessary for specifically approved standardized transactions per City policy. Furthermore, journal entries to cash accounts should be reviewed and approved by the appropriate level before posting. Documentation for support in compliance with policy should be attached to the entry. #2014-057A: SCO Finding 16 – The City lacks adequate staff performing critical functions
Recommendation: The SCO recommended that the City implement a remedial action plan to adequately staff the noted departments. Most importantly, the City Controller's Office should be staffed with qualified and experienced individuals who can contribute immediately to the performance of its accounting functions. In addition, the SCO recommended that the City implement policies to address the importance of experience and proper training of back-up staff when regular staff members are not available. Inexperienced staff may cause material impact in the City's operations in terms of incurring additional costs, delaying the processing of financial transactions, and failing to keep City Management and the City Council updated with accurate information.
#2014-060A: – Capital Assets (MW)
Recommendation: We recommend that the capital asset subsidiary ledger and the general ledger be brought up to date. It may be necessary to hire an outside company to perform a complete inventory of assets and to establish the estimated cost basis and date of acquisition, if sufficient records are not available to reconstruct the asset detail. In addition, we recommend that capital asset software be obtained to maintain accountability of capital assets and to compute depreciation. Currently, Excel spreadsheets are being used for this purpose. #2014-062A: – Turnover and Lack of Consistent Leadership (MW) Recommendation: In line with SCO’s comment, we recommend the City evaluate its hiring practices for its upper management positions. In addition, the City should develop a succession plan that will help it to ensure continued leadership even during management turnover.
Staff Report – Resolution Receive and File Internal Control Policies March 15, 2022, page 11 of 12
#0214-071B: – Integrity and Ethical Values (MW)
Recommendation: We recommend that the City implement a remedial action plan to adequately staff the departments that are short on staff. In addition, we recommend that the City implement policies to address the importance of experience and proper training of back-up staff when regular staff members are not available.
#2014-112B: – Common Categories of Control Activities (SD) Recommendation: We recommend that the City periodically count controlled items and to compare these counts with control records to ensure accuracy and integrity of the recorded amounts.
STATEMENT OF THE ISSUE:
Each of these finding numbers and recommendations display deviation from at least one of the five elements of proper internal control. The five elements of proper internal controls are (1) Control Environment, (2) Monitoring Activities, (3) Risk Assessment, (4) Control Activities, and (5) Information and Communication. The provisions in these policies, if implemented properly by staff, will help minimize risk for the City as they cover a wide array of situations that pose a risk to proper internal control and the City’s financial position and operations. It is also important to know that policies may need to change to keep up with current environment or any unforeseen circumstances.
Training will be provided to staff so that they can understand the various provisions of the policy.
FISCAL IMPACT:
The fiscal impact of these policies is to improve the City’s internal controls surrounding General Accounting, Bank Reconciliations, and Capital (Fixed) Asset controls for greater monitoring, information and communication, control environment, control activities, and risk assessment. When these internal controls are improved the result will be a more favorable impact on the financial position of the City. Additionally, when these policies are fully implemented, a result of having less audit findings will be expected.
Staff Report – Resolution Receive and File Internal Control Policies March 15, 2022, page 12 of 12
ALTERNATIVE:
The result of not receiving and filing these policies would be the continuance of not having sufficient guidance for staff for proper internal control policies and procedures in the areas of General Accounting, Bank Reconciliations, and Capital (Fixed) Assets handling. This would result in reoccurrence of audit findings.
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution to receive and file the attached policies.
SHARON RAHBAN NAVIZADEH,
CITY CONTROLLER
APPROVED FOR FORWARDING:
RONERICK SIMPSON
CITY MANAGER
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON TO
RECEIVE AND FILE INTERNAL CONTROL POLICIES RELATING TO
GENERAL ACCOUNTING, BANK RECONCILIATION, AND CAPITAL
(FIXED) ASSET PRACTICES
WHEREAS, Adoption of this resolution will authorize a General Accounting, Bank Reconciliation, and Capital (Fixed) Asset Policy to be accepted and implemented by City staff. The policy exhibits internal control practices to provide greater control over the General Accounting, Bank Reconciliation, and Capital (Fixed) Asset practices that are primarily performed within the City Controller’s Department.
WHEREAS, The City Controller’s Department has prepared a General Accounting, Bank Reconciliation, and Capital (Fixed) Asset policy to address deficiencies and weaknesses in internal controls surrounding Accounting, Bank Reconciliation, and Capital (Fixed) Asset practices that are primarily performed within the City Controller’s Department.
These policies which are attached as Exhibits A, B, and C, all include (a) provisions for proper separation of duties to avoid conflicts of interest, (b) provisions for methods to ensure continuity of operations during the absence of Departmental staff, and (c) provisions for proper procedures to be put in place to ensure that appropriate staff perform their accounting functions effectively and efficiently. The provisions contained in the policies directly address audit findings that the City has received in the past from the State Controller’s Office as well as from its external auditors, Eadie and Payne, LLP.
WHEREAS, Additionally, the financial policies and procedures currently in place to address these issues were not sufficient and they will be replaced with the attached policies.
Per our review there were no existing policies that were previously adopted by the City Council that addressed these needs and therefore these do not conflict with already adopted policies on these matters.
WHEREAS, Per the City’s FY2019 Single Audit Report, Finding No. 2014-051A is stated as follows:
2014-051A – Material Weaknesses in Internal Control (MW) SCO Finding 3 – Material weaknesses in internal control resulted in the City’s losing $3.72 million
Condition: On November 3, 2017, the former Deputy Treasurer of the City was sentenced to six and a half years in federal prison on charges stemming from his embezzlement of more than $3.72 million of City funds from May 2010 through December 2016. The former Deputy Treasurer held his position for more than 20 years; his primary responsibilities included the verification of daily collections to the Cashier Count Report and completion of the bank deposit process.
According to a forensic audit report, dated March 2017, the City's former Deputy Treasurer was able to obscure his embezzlement scheme for over six years. This was partly because: (1) he embezzled small amounts on a daily basis by duplicating and otherwise falsifying bank deposit slips, while presenting accurate documents for recording in the City's accounting system; and (2) internal controls were insufficient to allow the theft to be detected, as City Management failed to closely monitor bank accounts.
Resolution No. ___________