South Lake Tahoe City Council
August 9, 2022

1 City of South Lake Tahoe
City Council and South Tahoe Joint Powers Financing
Authority
Meeting Agenda
Tuesday, August 09, 2022 at 9:00 AM
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe City Council
Devin Middlebrook, Mayor
Cristi Creegan, Mayor Pro Tem
Cody Bass, Councilmember
John Friedrich, Councilmember
Tamara Wallace, Councilmember
Mission of the City Council
The City Council exists to represent the public
interest, to oversee the City's operations and to
plan for the City's future.

Public Participation
City Council meetings are held in person at the time and location listed on this agenda. Meetings are live-streamed on Channel 21, City website at www.cityofslt.us, and via ZOOM at this link https://us06web.zoom.us/j/86562830576.

A public agenda packet is available for review at City Hall, 1901 Lisa Maloff Way, on the City’s Website at www.cityofslt.us, or by contacting the City Clerk’s Office, (530) 542-6005 or [email protected] Providing Public Comment:

In Person: Every agenda for regular meetings provides an opportunity for members of the public to directly address the legislative body (City Council), on any item of public interest which is within the jurisdiction of the City Council during Public Communications. For items on the agenda or in connection with any item which the City Council will consider, the public is given the opportunity to comment before or during the City Council's consideration of the item [Government Code Section 54954.3(a)].

By Phone: If you are joining the meeting via ZOOM and would like to make a comment, press the “raise a hand” button.

If you are joining the meeting via Channel 21 or live stream and would like to make a comment, please call (530) 542-6500. The meeting ID is ID: 865 6283 0576 press *9 to indicate a desire to make a comment. Press *6 to unmute your phone. The Clerk will call you by the last three digits of your phone number when it is your turn to speak.

In Writing: Written comments received by 3 p.m. the day before the meeting will be distributed to City Council prior to the meeting. Written public comment regarding any item on this agenda may be sent to [email protected].

When emailing comments, identify the agenda item number in the subject line to which your comments relate. Any such comment that is a public record and is emailed to [email protected] or otherwise provided to a majority of the City Council before the meeting will be made available for public inspection during normal business hours at the City Clerk's Office located at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe [Government Code Section 54957.5(b)]. Written comments will not be read out loud during the meeting. 1 2
The City Council Chambers meeting facility is accessible to people with disabilities. Every reasonable effort will be made to accommodate any person needing special assistance to attend this meeting. Contact the City Clerk at (530) 542-6005 at least 48 hours in advance of the meeting for assistance [28 CFR 35.102.35.104 ADA Title II and Brown Act Government Code Sections 54953.2, 54954.1, 54954.2, and 54957.5].

Spanish Interpretations: The public may access Spanish interpretation using the ZOOM link listed on the front of the Agenda from an internet device (smartphone, laptop, tablet, home computer) with audio capabilities and selecting the Spanish language option. Persons without an internet device may attend the meeting in-person and a device will be provided while supplies last. Requests for interpreter services to offer public comment may be made by contacting the City Clerk.

Call to Order/Pledge of Allegiance
Roll Call
Closed Session Report
City Employee Recognition

1. Swearing In Ceremony - Fire Chief
Requested Action / Suggested Motions: The City Clerk will administer the Oath of Office to Fire Chief Jim Drennan
Responsible Staff Member: Susan Blankenship, City Clerk Item 1 - Executive Summary.pdf

2. City Employee Recognitions
Requested Action / Suggested Motions: Eight new employees will be introduced to City Council.

One employee will be recognized for reaching 20 Years-Service, one employee will be recognized for reaching 10 Years-Service and four employees will be recognized for reaching 5 Years-Service.

Responsible Staff Member: Various
Item 2 - Executive Summary.pdf
01-Staff Report Employee Service 08 09 2022.pdf
Public Communications
This is the public's opportunity to speak on any topic NOT LISTED on this agenda. Comments shall be limited to four (4) minutes. In accordance with the Brown Act, the City Council cannot deliberate or vote on any matter raised under public communications, but may briefly respond to statements made or questions posed. (Government Code Sections 54954.2)
City Commission Reports
Presentations

3. Climate Action Plan Update and Civic Spark Fellow Close of Service Requested Action / Suggested Motions: Receive and file.

Responsible Staff Member: Sara Letton, Sustainability Coordinator Item 3 - Executive Summary.pdf
01-Staff Report - Climate Action Plan Annual Update.docx 2 3
02-Presentation
Consent Agenda
Public Comment - This is the public's opportunity to speak on any topic listed on the Consent Agenda. Comments shall be limited to three (3) minutes.

The consent agenda consists of items of a repeating or routine nature considered under a single action. Any Councilmember may have an item on the consent agenda removed and considered separately upon request.

Pass a Motion to adopt the Consent Agenda in one motion except as indicated at each item.

4. City Council Meeting Minutes
Requested Action / Suggested Motions: Pass a Motion approving the June 7, 2022 Regular City Council meeting minutes and June 21, 2022 City Council and South Tahoe Redevelopment Successor Agency meeting minutes.

Responsible Staff Member: Susan Blankenship, City Clerk Item 4 - Executive Summary.pdf
06 21 2022 Minutes.pdf
06 07 2022 Minutes.pdf

5. Revised Fiscal Year 2020-2021 and Fiscal Year 2021-2022 Appropriation Limits Requested Action / Suggested Motions: 1) Pass a Resolution establishing the revised Appropriation Limit for Fiscal Year 2020-2021 in the amount of $83,178,448; and 2) Pass a Resolution establishing the revised Appropriation Limit for Fiscal Year 2021-2022 in the amount of $88,788,841, in compliance with Proposition 111.

Responsible Staff Member: Olga Tikhomirova, Director of Finance Item 5 - Executive Summary.pdf
01-Staff Report Revised GANN Limits FY 2020-21 and 2021-22.docx 02-Resolution Revised GANN 2020-2021.docx
03-Resolution Revised GANN 2021-2022.docx
04-Revised Appropriation Limit 2020-2021 Worksheets.pdf 05-Revised Appropriation Limit 2021-22 Worksheets.pdf

6. Financial Policy Amendments to Procurement, Travel and Training, and Capital Investments Policies
Requested Action / Suggested Motions: Pass a Resolution Approving Amendments to Financial Policies Regarding Procurement, Travel and Training, and Preserving Capital Investments.

Responsible Staff Members: Lori Marino, Principle Management Analyst and Heather Stroud, City Attorney
Item 6 - Executive Summary.pdf
01-Staff Report - Financial Policy Amendments.docx
02-Resolution Financial Policy Amendments.docx
03-CSLT Procurement Policy Redline.pdf
04 - CSLT Procurment Policy (Exh. A to Reso).pdf
05-CSLT Travel Policy Redline.pdf
06-CSLT Travel Policy (Exh. B to Reso).pdf
07-CSLT Local Training and Meeting Policy Redline.pdf
08-CSLT Local Training and Meeting Policy (Exh. C to Reso).pdf 09-CSLT Preserving Capital Investments Redline.pdf
3 4
10-CSLT Preserving Capital Investments (Exh. D to Reso).pdf

7. Purchase of a Loader and Cut-Off Gates for City Snow Operations Requested Action / Suggested Motions: Pass a Resolution appropriating $454,295 from the Measure S Sales Tax fund and authorizing the purchase of one John Deere Loader (2021) from Pape Machinery, Inc. for $357,794.50 and eight (8) Bolt Type Henke Hi-Gate for Graders from Holt of California for $96,500.40 through Sourcewell Cooperative Purchasing Agreement for City Snow Operations
Responsible Staff Members: Anush Nejad, Director of Public Work and Phil Harwood, Maintenance Manager
Item 7 - Executive Summary.pdf
01-Staff Report - Loader and Cut-Off Gates.docx
02-Loader Quote and Contract.pdf
03-Henke Hi-Gate Quote and Contract.pdf
04-Resolution for Loader and Cut-Off Gates.docx

8. Sole Source Purchase of a Vehicle from Champion Chevrolet Requested Action / Suggested Motions: Pass a Motion approving a sole source purchase and authorizing and directing the City Manager to sign a Purchase Order with Champion Chevrolet for $51,027.43 to purchase a 2023 Chevrolet Silverado for the Public Works Department.

Responsible Staff Members: Anush Nejad, Director of Public Work and Phil Harwood, Fleet Supervisor
Item 8 - Executive Summary.pdf
01 - Staff Report - Public Works Vehicle Purchase.docx.pdf 02 - GM Cancellation Memo.pdf
03 - Champion Chevrolet Quote.pdf
04 - Additional Quotes.pdf
05 - Sole Source Form.pdf
06 - Original National Auto Fleet Purchase Order.pdf

9. Cost-Sharing Agreement with Tahoe Meadows for the Installation of LED Flashing Stop Signs Requested Action / Suggested Motions: (1) Pass a Resolution authorizing acceptance of $5000 from Tahoe Meadows for LED flashing stop signs; and (2) Pass a Motion authorizing and directing the Mayor to execute a cost-sharing agreement with Tahoe Meadows for installation of LED flashing stop signs.

Responsible Staff Member: Anush Nejad, Director of Public Works Item 9 - Executive Summary.pdf
01 - Staff Report - Tahoe Meadows Reimbursement Agreement.docx 02 - Reimbursement Agreement - Tahoe Meadows.docx
03 - Exhibit A - Proposed Location.pdf
04 - Resolution to Accept Funds.doc

10. Lease Agreement with Tahoe Art League for Art Building Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Lease Agreement with Tahoe Art League for a 10-year term for use of the Art Building located at 3062 Lake Tahoe Boulevard.

Responsible Staff Member: Lauren Thomaselli, Director of Parks and Recreation Item 10 - Executive Summary.pdf
01-Staff Report - Art League Building Lease.docx
02-2012 Lease Agreement.pdf
4 5
03-2022 Lease Agreement.docx

11. Cannabis Community Benefit Grant Program Awards and Payment Authorization Requested Action / Suggested Motions: Pass a Motion authorizing and directing the City Manager to execute grant agreements in the amount of $50,000 with Tahoe Youth and Family Services and Tahoe Coalition for the Homeless, and issue payments to awardees for 2022 Community Benefit Grant Program.

Responsible Staff Member: Olga Tikhomirova, Director of Finance Item 11 - Executive Summary.pdf
01-Staff Report - Cannabis Grant Awards Authorization.docx 02-TYFS CSLT Cannabis Revenue Grant AGREEMENT.pdf
03-TCH CSLT Cannabis Revenue Grant AGREEMENT.pdf

12. Grant Application to California Public Utilities Commission for Broadband Technical Assistance Program
Requested Action / Suggested Motions: Pass a Resolution authorizing submittal of a grant application to the California Public Utilities Commission for pre-construction expenses related to broadband deployment for an amount of $500,000.

Responsible Staff Members: Anush Nejad, Director of Public Works Item 12 - Executive Summary.pdf
01-Staff Report Broadband Grant Application.docx.pdf
02-Resolution for Broadband Grant Application.doc

13. Ordinance - Ballot Measure to Convert Existing Community Benefit Fee to Comparable Cannabis Business and Professions Tax (Second Reading)
Requested Action / Suggested Motions: Pass an Ordinance Amending Chapter 3.35 of Title 3 of the South Lake Tahoe City Code to Add Article III to Impose a Cannabis Business and Professions Tax Upon Approval By Voters.

Responsible Staff Member: Heather Stroud, City Attorney Item 13 - Executive Summary.pdf
01 - Staff Report.docx
02 - Ordinance.docx
03-Proof of Publication
Public Hearing - City Council and South Tahoe Joint Powers Financing Authority

14. Issuance of 2022 Lease Revenue Bonds Series A for the Multigenerational Recreation and Aquatic Center Construction Financing in a Principal Amount Not to Exceed $52 Million Requested Action / Suggested Motions: 1) Hold a Public Hearing with the respect to the proposed issuance of bonds by the South Tahoe Joint Powers Financing Authority (Authority) to assist the City with financing the construction of the Recreation Center Complex; 2) Acting as the City Council, Pass a Resolution approving the issuance of the Authority Lease Revenue Bonds, 2022 Series A, and authorizing the City’s execution and delivery of related documents and taking related actions; and, 3) Acting as the Authority, Pass a Resolution authorizing the sale, issuance and delivery of Lease Revenue Bonds, 2022 Series A, and authorizing the execution and delivery of an indenture and other documents and taking related actions.

Responsible Staff Member: Olga Tikhomirova, Director of Finance Item 14 - Executive Summary.pdf
01-Staff Report - 2022 Lease Revenue Bonds for Rec Center.docx 02 - Resolution - 2022 Lease Revenue Bonds Rec Center.docx 5 6
03-STJPFA Resolution - 2022 Lease Revenue Bonds Rec Center.docx 04-Lease Agreement SLT 2022 Lease Revenue Bonds.DOCX
05-Sublease Agreement SLT 2022 Lease Revenue Bonds.DOCX 06-Assignment Agreement SLT 2022 Lease Revenue Bonds.DOCX 07-Continuing Disclosure Certificate SLT 2022 Lease Revenue Bonds.pdf 08-Preliminary Official Statement (POS) SLT 2022 LRBs.pdf 09-Bond Purchase Agreement SLT 2022 LRBs.pdf
10-Indenture SLT 2022 Lease Revenue Bonds.DOCX
11-Notice of Public Hearing Proof 2022 LRBs.pdf
12-Presentation.pdf
Regular-Unfinished Business

15. Memorandum of Understanding with Lake Tahoe Unified School District (LTUSD) for Park Ranger Program
Requested Action / Suggested Motions: 1) Pass a Motion authorizing the Mayor to Execute a Memorandum of Understanding with Lake Tahoe Unified School District (LTUSD) to support partial funding for the Park Ranger Program. 2) Pass a Resolution authorizing $67,000 reimbursement grant funding from LTUSD to fund a Park Ranger Coordinator Position.

Responsible Staff Member: Lauren Thomaselli, Director of Parks and Recreation Item 15 - Executive Summary.pdf
01-Staff Report - LTUSD MOU Park Ranger Program.docx
02-LTUSD MOU.pdf
03-Resolution_Reimbursement_Grant_from_LTUSD_for_Park_Ranger_Program.docx

16. Tahoe Valley Stormwater and Greenbelt Improvement Project Update and Request for Appropriation of Grant Matching Funds
Requested Action / Suggested Motions: 1) Receive status update on the Tahoe Valley Greenbelt Project; and 2) Pass a Resolution appropriating $706,442 in undesignated General Funds Reserves for the match required to secure $6.9 million in implementation grant funds from the State Water Resources Control Board for the Tahoe Valley Greenbelt and Storm Water Improvement Project.

Responsible Staff Members: Jason Burke, Complete Streets Program Manager, Hilary Roverud, Director of Development Services and Stan Hill, Engineering Manager Item 16 - Executive Summary.pdf
01-Staff Report - Tahoe Valley Greenbelt SWRCB Matching Grant.docx 02-Project Location Map.pdf
03-Greenbelt Concept Plan.pdf
04-Tahoe Valley Greenbelt Public Survey Results.pdf
05-Resolution-Tahoe Valley Greenbelt SWRCB Grant.docx
06-Presentation.pptx

17. American Rescue Plan Act of 2021 (ARPA) Funding Appropriations Requested Action / Suggested Motions: Pass a Resolution authorizing transfer of remaining $2,654,997 in American Rescue Plan Act (ARPA) funding to the General Fund under the statutory category C, Revenue Loss, for the provision of government services.

Responsible Staff Member: Joseph Irvin, City Manager
Item 17 - Executive Summary.pdf
01-Staff Report - ARPA Funding Appropriations.docx
02-Resolution_-_ARPA_Appropriations.docx
6 7
New Business - City Council and South Tahoe Joint Powers Financing Authority

18. Removal of Fire Station #1 and Police Station from 2016 Lease Revenue Bonds Requested Action / Suggested Motions: 1) Acting as the City Council, Pass a Resolution authorizing the execution and delivery of documents in connection with the removal of certain properties under the Lease and the Sublease Relating to the South Tahoe Joint Powers Financing Authority Refunding Lease Revenue Bonds, 2016 Series A, and taking related actions; and 2) Acting as the South Tahoe Joint Powers Financing Authority, Pass a Resolution authorizing the execution and delivery of documents in connection with the removal of certain properties under the Lease and the Sublease Relating to the Authority’s Refunding Lease Revenue Bonds, 2016 Series A, and taking related actions.

Responsible Staff Members: Joe Irvin, City Manager and Authority Executive Director Olga Tikhomirova, Finance Director and Authority Treasurer
Item 18 - Executive Summary.pdf
01-Staff Report - Removal of Properties from Lease Revenue Bonds.docx 02-City Resolution-2022-Removal of Property from 2016 Leases.docx 03-STJPFA Resolution - Removal of Property from 2016 Leases.docx 04-Lease Amendment No. 2 (Exh. A to City and STJPFA Resos).DOCX 05-Sublease Amendment No. 2 (Exh. B to City and STJPFA Resos).DOCX 06-Assignment Agreement Amendment No. 2 (Exh. C to STJPFA Reso).DOCX Regular-New Business

19. Citizen Appointments to Commissions and Boards – Building & Housing Board of Appeals Requested Action / Suggested Motions: City Council may either: 1) Pass a Motion appointing Seth Howard to serve a 19-month term (expiring 2/2024) to the Building Board of Appeals; or, 2) Decline to fill the vacancy until additional applications are received.

Responsible Staff Member: Susan Blankenship, City Clerk Item 19 - Executive Summary.pdf
01-Staff Report - Citizen Commissions and Boards.docx
02-BBOA Howard (Redacted).pdf

20. Road Rehabilitation Program Update
Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member: Mark Frisina, Engineer /Inspector and Randy Carlson, Associate Civil Engineer
Item 20 - Executive Summary.pdf
01-Staff_Report_-_Road_Rehabilitation_Program_Update.docx 02-Presentation_-_Road_Rehabilitation_Program__2_.pptx

21. Purchase Order with SRM-Kodiak America, LLC for Snow Blower Repair Requested Action / Suggested Motions: Pass a Resolution appropriating $93,915.51, plus a 10% contingency for $9,391.50, from General Fund Undesignated Excess Reserves and authorizing, approving the sole source request, and authorizing and directing the City Manager to execute a Purchase Order with SRM-Kodiak, LLC for the repair of the Snow Blower.

Responsible Staff Members: Anush Nejad, Director of Public Works and Phil Harwood, Fleet Supervisor
Item 21 - Executive Summary.pdf
7 8
01-Staff Report - Kodiak Repair.docx
02 - Kodiak Quote.pdf
03 - Sole Source Request.pdf
04-Resolution for Kodiak Repair.docx

22. Agreement with California Governor's Office of Emergency Services for Use of a Type VI Fire Engine
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Fire Chief to execute a Temporary Transfer Agreement with the California Governor's Office of Emergency Services (Cal OES) for a Type VI Engine.

Responsible Staff Member: Jim Drennan, Interim Fire Chief Item 22 - Executive Summary.pdf
01-Staff Report - Acceptance of Type VI Vehicle from Cal OES.docx 02 - Cal OES Temporary Transfer Agreement Type VI Engine 03 - Type VI photo.jpg
04 - Type VI Wildland for Cal OES Ford Drawing.pdf

23. ABC – Public Convenience or Necessity – Yosemite Axe Throwing Requested Action / Suggested Motions: Pass a Resolution Approving Issuance of a Letter of Public Convenience or Necessity (PCN) to the California Department of Alcoholic Beverage Control (ABC) for the Issuance of a Type 40 License for the Premises at 3979 Lake Tahoe Boulevard Unit #1 (Yosemite Axe Throwing), APN 029-083-016.

Responsible Staff Member: Madison Dederick, Assistant Planner Item 23 - Executive Summary.pdf
01-Staff Report - ABC Public Necessity Letter.docx
02-Yosemite Axe Throwing ABC Application 22-086.pdf
03-Resolution PNC 22-086.docx
04-Exhibit A PCN Letter 22-086.docx

24. Review Policy for Publicly Visible Art on Private Property Requested Action / Suggested Motions: Pass a Resolution adopting a review policy for publicly visible art on private property and amending the master fee schedule to establish no fee for public murals and a $250 fee for all other publicly visible art.

Responsible Staff Member: Madison Dederick, Assistant Planner Item 24 - Executive Summary.pdf
01-Staff Report-Art Review Policy.docx
02-Resolution-Art Review Policy
03-2003 Planning Department On-Site Private Art Policy.pdf

25. Program Update and Potential Expansion/Modification of "Lease to Locals" Rental Incentive Grant Program
Requested Action / Suggested Motions: Pass a Motion directing staff to prepare an amendment to the Professional Services Agreement with Landing Locals for subsequent City Council approval to allow for continued administration of the program through 2023 and allocate the $214,000 that was set aside for a property management incentive grant to continue funding the existing program.

Responsible Staff Member: Zach Thomas, Housing Manager
Item 25 - Executive Summary.pdf
01-Staff_Report_-_Lease_to_Locals_Expansion.docx
02-Program-Guidelines-12-8-21.pdf
03-PSA C-137-2021 Landing Locals.pdf
8 9
04-Res 2021-082 Long Term Rental Grant Pilot Program.pdf

26. An Ordinance Amending City Code Chapter 3.45 (Purchasing) to clarify language regarding Bidding Process and Update Public Contract Procurement Thresholds (First Reading) Requested Action / Suggested Motions: Pass a Motion to Hold a First Reading (By Title Only) of an Ordinance amending Chapter 3.45 (Purchasing) of the South Lake Tahoe City Code to clarify language regarding bidding process and update Public Contract procurement thresholds, and refer to second reading for an adoption to the September 6, 2022, meeting.

Responsible Staff Member: Lori Marino, Principal Management Analyst Item 26 - Executive Summary.pdf
01-Staff Report-Ordinance - Amendment Purchasing.docx
02-Ordinance - Amending Chapter 3.45 (Purchasing).docx
03-CSLT City Code_Purchasing_ Chapter 3 Redline Aug 2022.pdf Agenda Planning Calendar

27. Agenda Planning Calendar
Requested Action / Suggested Motions: A Councilmember may request that an item be placed on a future agenda. Upon the support of one (1) additional Council Member, direction shall be given to the City Manager to calendar the item for a convenient future agenda, but no sooner than the second meeting after the request was made, and/or modify the Agenda Planning Calendar as desired.

Responsible Staff Member: Joseph Irvin, City Manager
Item 27 - Executive Summary.pdf
APC - 08 04 2022.pdf
Updates and Announcements (City Attorney, City Clerk, City Manager) Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions Adjournment
I, Susan Blankenship, City Clerk for the City of South Lake Tahoe, declare that the foregoing agenda for the Tuesday August 9, 2022 meeting of the City of South Lake Tahoe City Council and South Tahoe Joint Powers Financing Authority was posted and available for review on Thursday, August 4, 2022 at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150. The agenda was also available on the City website at https://www.cityofslt.us.

Signed August 4, 2022
\\sb\\
Susan Blankenship, Elected City Clerk
9 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: August 9, 2022
Agenda Item #: 1
Agenda Item: Swearing In Ceremony - Fire Chief
Executive Summary:

Requested Action / Suggested Motions: The City Clerk will administer the Oath of Office to Fire Chief Jim Drennan
Responsible Staff Member: Susan Blankenship, City Clerk Responsible Staff Member:

Reviewed and Approved By:

Attachments:
10 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: August 9, 2022
Agenda Item #: 2
Agenda Item: City Employee Recognitions
Executive Summary: New City employees and long-serving City employees who reach the 5, 10, 15, 20, & 25 year service milestone will be recognized at each monthly meeting.

Requested Action / Suggested Motions: Eight new employees will be introduced to City Council.

One employee will be recognized for reaching 20 Years-Service, one employee will be recognized for reaching 10 Years-Service and four employees will be recognized for reaching 5 Years-Service.

Responsible Staff Member: Various
Responsible Staff Member: Various Departments
Reviewed and Approved By:

Susan Blankenship, City Clerk
Attachments:
01-Staff Report Employee Service 08 09 2022.pdf
11 1
City of South Lake Tahoe
Report to City Council
Meeting Date: August 9, 2022
Title: City Employee Recognition
Location: Citywide
Responsible Staff Member: Various Department Directors
Background: As part of the City’s Employee Recognition Program, employees who have reached five, ten, fifteen, twenty and twenty-five years of service are recognized for their achievements and contributions to the City.

New Regular City Employees:

Public Works
Hans Bonnicksen - Maintenance Tech IV
John Dickinson - Airport Manager

Fire Department
Tom Kerley - Fire Captain
Police Department
Mathew Hazelet – Police Officer
Aaron Devine – Community Service Officer
Parks and Recreation
Justin Gomes - Maintenance Tech III
Daniel Youngblood – Maintenance Tech III
Adan Pulido – Maintenance Tech IV
Service Awards:

City Clerk
Joanne McDonough, Assistant City Clerk – 5 Years’ Service

Police Department
Jillian Carole Gard, Joint Dispatch – 20 Years’ Service Timothy Peterson, Patrol Operations – 5 Years’ Service
Jennifer Canin, Joint Dispatch – 5 Years’ Service
Ashley Acker, Records Supervisor – 5 Years’ Service

Development Services
David Chapman, Principal Building Inspector - 10 Years’ Service Council Agenda Report August 9, 2022 Page 1 of 1
12 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: August 9, 2022
Agenda Item #: 3
Agenda Item: Climate Action Plan Update and Civic Spark Fellow Close of Service Executive Summary: In 2017, the City adopted Resolution 2017-26, which established quantifiable renewable energy and emissions reductions goals. Following this, the City began a partnership with the Sierra Nevada Alliance to support Americorps CivicSpark Fellows to build capacity to reach these goals.

CivicSpark Fellows produced a baseline greenhouse gas inventory, a comprehensive Climate Action Plan (CAP), and greenhouse gas inventory updates. This presentation will provide an annual update for CAP implementation progress made between August 2021-August 2022 and will be given by the present CivicSpark Fellow, Zoe Kusnick. She is the fourth Fellow to serve the City.

Requested Action / Suggested Motions: Receive and file.

Responsible Staff Member: Sara Letton, Sustainability Coordinator Responsible Staff Member: Sara Letton, Sustainability Coordinator, 530-542-6175 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Finance Director
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Climate Action Plan Annual Update.docx 02-Presentation
13 City of South Lake Tahoe
Report to City Council
Meeting Date: August 9th, 2022
Title: Climate Action Plan (CAP) Annual Update
Location: Citywide
Responsible Staff Member: Sara Letton, Sustainability Coordinator Background: In 2017, the City adopted Resolution 2017-26 and established concrete renewable energy and emissions reductions goals. Since 2018, the City of South Lake Tahoe has partnered with the Sierra Nevada Alliance to host CivicSpark Fellows to. CivicSpark, a statewide Americorps subprogram hosted by Civicwell and Cal Volunteers, aims to partner Fellows with local governments to build capacity to address present and future climate issues. Over the past four years, CivicSpark Fellows have worked with the City to build off of Resolution 2017-26 and build capacity for the City to reach its ambitious sustainability goals. Fellow accomplishments have included conducting a 2015 baseline greenhouse gas inventory, developing a comprehensive Climate Action Plan (CAP) that was adopted unanimously in October of 2020, and producing greenhouse gas inventory updates every three years.

The CAP is an extensive plan that was produced through a lengthy research and community engagement process led by CivicSpark Fellows. Based on the emissions reductions goals set in Resolution 2017-26 and the data collected in the 2015 baseline greenhouse gas inventory, the CAP outlines 14 distinct emissions reductions strategies across key five sectors. The implementation of the CAP has thus far been overseen by CivicSpark Fellows. In February of 2022, the City hired its first Sustainability Coordinator, who will now oversee the CAP implementation.

Issue and Discussion: This presentation will be the second annual CAP implementation update. The current CivicSpark Fellow will provide a greenhouse gas emissions update, highlight major CAP strategy implementation progress made over the past year, and provide recommendations for how the City should move forward towards its sustainability goals according to the CAP and the Fellow’s assessment. The Fellow and the Sustainability Coordinator will address any questions from Council members and the public regarding CAP progress and the path forward.

Financial Implications: The City’s Contract with the Sierra Nevada Alliance for the CivicSpark Fellows program expired in June 2022. The cost of implementing the Climate Action Plan falls to the new Sustainability Coordinator.

Environmental Considerations: The Climate Action Plan Annual Update is exempt from CEQA under State CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). Section 15061(b)(3) of the CEQA Guidelines states that an activity is covered by the commonsense exemption that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the 14 activity in question may have a significant effect on the environment, the activity is not subject to CEQA review.

Policy Implications: The Fellow will be reporting on implementation progress of the 2020 Climate Action Plan. Progress on the CAP addresses Strategic Priority 1.5, Carbon Neutrality. 15 Climate Action Plan Update
August 2022
City of South Lake Tahoe
16 Background 01
Relevant City commitments
GHG inventory update 02
2018 inventory update
Implementation update 03
Active and ongoing strategies
Recommendations 04
Actions for sustained progress

TABLE OF CONTENTS
17 Resolution 2017-26 Climate Action Plan
2015 Baseline Inventory
Emissions Reduction Goals
Renewable Energy Goals
Tracking and monitoring
14 Strategies
5 Sectors
GHG Update & Forecast
243,196 MT CO2e
Natural Gas, On-Road Transportation,
Grid Electricity
Background
18 GHG Inventory
Update
● Total emissions increased 8.2%
● Nearly all sectors increased
● Forecast implications
● 2021 inventory in process
19 Solar installments
SEED fund Transportation Electrification
Sustainability Coordinator
Increased capacity at the City
Commute Tahoe
Working group participation
Reach Code
EV Charging plan & microtransit Working with consultants 100/24/7
100% local CFE, 24/7
Implementation Efforts
20 Establish an annual
sustainability budget
Expand staffing in the
sustainability department
Create and maintain a public
CAP/GHG tracking website
Continue collaboration with
Truckee and build other
regional partnerships
Recommendations
Continue exploration of
local energy control options
Maximize building
electrification
21 Please contact with any questions!
Thank you
[email protected]
[email protected]
22 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: August 9, 2022
Agenda Item #: 4
Agenda Item: City Council Meeting Minutes
Executive Summary: City Council is asked to formally approve the June 7, 2022 Regular City Council meeting minutes and June 21, 2022 City Council and South Tahoe Redevelopment Successor Agency meeting minutes.

Requested Action / Suggested Motions: Pass a Motion approving the June 7, 2022 Regular City Council meeting minutes and June 21, 2022 City Council and South Tahoe Redevelopment Successor Agency meeting minutes.

Responsible Staff Member: Susan Blankenship, City Clerk Responsible Staff Member: Susan Blankenship, City Clerk (530) 542-6005 Reviewed and Approved By:

Attachments:
06 21 2022 Minutes.pdf
06 07 2022 Minutes.pdf
23 1
City of South Lake Tahoe
City Council and South Tahoe Redevelopment Successor
Agency
Meeting Minutes
Tuesday, June 21, 2022 at 9:00 AM
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe City Council
Devin Middlebrook, Mayor
Cristi Creegan, Mayor Pro Tem
Cody Bass, Councilmember
John Friedrich, Councilmember
Tamara Wallace, Councilmember
Mission of the City Council
The City Council exists to represent the public
interest, to oversee the City's operations and to
plan for the City's future.

Call to Order/Pledge of Allegiance
At 9:01 a.m. Mayor Middlebrook called the meeting to order. Middlebrook then led the pledge of allegiance to the flag.

Roll Call
Present were Mayor Middlebrook, Councilmembers Bass, Creegan, Friedrich and Wallace.

Also present were City Manager Irvin, City Attorney Stroud, and City Clerk Blankenship.

Closed Session Report

1. Conference with Real Property Negotiators – Gov. Code section 54956.8 Property: Potential acquisition of 3900 and 3908 Lake Tahoe Boulevard (APNs 029-170-01 and 029-170-02)
Action: No reportable action.

Public Communications
Public Comment was heard from the following people:

1. Sherry Eddie – Pride month crosswalk

2. Jesse Garner – Fuel reduction on City and County property *written comment also recieved

3. Ray Flick – Bijou Golf Course (Item 8)

4. Kenny Curtzweiler – Martin Hollay Memorial, Children’s Memorial Tree City Commission Reports
None.
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Consent Agenda
Action: Moved/Seconded: Wallace/Friedrich
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Consent Agenda with noted recusals

1. FY 2022-2023 Direct Charge for Mello-Roos Special Tax for Community Facilities District No. 1995-1
Action: Passed Resolution 2022-083 authorizing certification of FY 2022-2023 direct charge for Mello-Roos Special Tax for Community Facilities District No. 1995-1.

2. Contract with West Coast Paving, Inc. for 2022 Road Rehabilitation Project Action: Passed Motion 2022-067 authorizing and directing the Mayor to execute construction contract C-100-2022 with West Coast Paving, Inc. for an amount of $2,100,000 and 10% contingency for an amount of $210,000 for the 2022 Road Rehabilitation Project.

3. Agreement with the California Conservation Corps (CCC) for Stormwater System Maintenance Services
Action: Passed Motion 2022-068 authorizing and directing the Mayor to execute a sole source Professional Services Agreement C-101-2022 with the California Conservation Corps for Storm Drain Maintenance Services for an amount not to exceed $65,000.

4. Mechanical and Refrigeration Maintenance Services Contract with ACCO Engineered Systems, Inc. for South Lake Tahoe Ice Arena
Action: 1) Passed Motion 2022-069 authorizing and directing the Mayor to execute three-year service agreement C-102-2022 with ACCO Engineered Systems, Inc. in the amount of $50,952 for the South Lake Tahoe Ice Arena Mechanical and Refrigeration System Maintenance and Inspection; and 2) Passed Resolution 2022-084 appropriating $16,984 from the General Fund Annually for Ice Arena Refrigeration and Mechanical Systems Inspection and Maintenance Agreement – Three-Year Term.

5. General Election Consolidation
Action: Passed Resolution 2022-081 requesting the El Dorado County Board of Supervisors consolidate a General Municipal Election with the Statewide General Election to be held on November 8, 2022.

6. Master Professional Service Contract with Jviation, a Woolpert Company, for Airport Planning Services
Action: Passed Motion 2022-070 authorizing and directing the Mayor to execute a five-year master professional services contract C-103-2022 to Javiation, a Woolpert Company, San Jose, CA for Airport Planning Services.

7. Request from Tahoe Art League to Waive Application Fee for Public Art Installation at 1029 Takela Drive
Note: Councilmember Bass recused himself from this item due to real property interest.

Action: Passed Motion 2022-071 approving a fee waiver request from the Tahoe Art League in the amount of $925 for a public art installation at 1029 Takela Drive. 25 3

8. License Agreement with Bydand Unlimited Trust for the Bijou Golf Course Parking Lot Note:

Councilmembers Bass and Friedrich recused themselves from this item due to real property interest.

Action: Passed Motion 2022-066 authorizing and directing the Mayor to execute the three-year License Agreement C-099-2022 with Bydand Unlimited Trust for a parking lot for the Bijou Golf Course with rent of $22,574 for 2022 with an annual increase based on the Consumer Price Index.

The following person addressed Council:

1. Mary McCall, Bydand Unlimited Trust
Consent - South Tahoe Redevelopment Successor Agency

9. Annual Special Tax for Community Facilities District 2001-1 Series 2015 Special Tax Refunding Bonds for Fiscal Year 2022-2023
Action: Moved/Seconded: Bass/Creegan
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed STRSA Resolution 2022-003 Establishing the Annual Special Tax for Community Facilities District 2001-1 (Park Avenue Project) Series 2015 Special Tax Refunding Bonds (Heavenly Village) for Fiscal Year 2022-2023.

Public Hearing

10. South Tahoe Refuse Delinquent Fees Report
Action: Moved/Seconded: Bass/Wallace
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Resolution 2022-085 confirming the Final Delinquent Fees Report and directing the Finance Department to send a certified copy of the Report to the El Dorado County AuditorController to add the delinquent amounts to the county property tax rolls for collection.

11. General Plan Housing Element Update
Action: Moved/Seconded: Friedrich/Bass
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Resolution 2022-086 adopting the Addendum to the General Plan EIR for the 2022-2027 Housing Element Update and amending the City General Plan by adopting the City of South Lake Tahoe 2022-2027 Housing Element.

Public Comment was heard from the following people:

1. Ed Mosur

2. Heather Peterson, Leadership Lake Tahoe

3. Fran Falknor, Leadership Lake Tahoe
Regular-Unfinished Business

12. Appropriation of $29,750 from General Fund Undesignated Excess Reserves for Settlement of Victoria Gessford v. City of South Lake Tahoe
Action: Moved/Seconded: Bass/Creegan
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Resolution 2022-087 appropriating $29,750 from General Fund Undesignated Excess Reserves for payment under the Settlement Agreement and Release with Victoria Gessford regarding injuries allegedly sustained from tripping on a broken sign post.

Public Comment was heard from the following people:

1. Ed Mosur

2. Mary McCall
26 4

13. 2022 Cannabis Revenue Grant Awards
Note: Councilmember Bass recused himself from this item due to a financial interest in the industry and left the meeting.

Action: Received and filed. Council provided direction to the City Manager to review Grant Award guidelines.

Public Comment was heard from the following people:

1. Ed Mosur

2. Danelle Hanson, Leadership Lake Tahoe
Regular-New Business

14. Ballot Measure to Convert Existing Community Benefit Fee to Comparable Cannabis Business and Professions Tax
Note: Councilmember Bass recused himself from this item due to a financial interest in the industry and left the meeting.

Action: Moved/Seconded: Friedrich/Creegan
Yes: Creegan, Friedrich, Middlebrook and Wallace
Recused (absent): Bass
Action: 1) Passed Resolution 2022-082 ordering the submission to the qualified electors of the City of South Lake Tahoe a measure to approve a local business and professions tax on commercial cannabis activity in the City of South Lake Tahoe at the general municipal election to be held on November 8, 2022; and 2) Passed Motion 2022-072 to Hold a First Reading (By Title Only) of an Ordinance amending Chapter 3.35 of Title 3 of the South Lake Tahoe City Code to Add Article III to Impose a Cannabis Business and Professions Tax upon approval by voters, and refer second reading to the August 9, 2022 meeting.

15. New Target for Greenhouse Gas Emissions Reduction by 2030 to Support Sierra Business Council Grant Application for Climate Action Funding to ICLEI Local Governments for Sustainability USA, Inc.

Action: Moved/Seconded: Bass/Friedrich
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: (1) Passed Resolution 2022-088 establishing a science-based target for greenhouse gas emissions reduction by 2030; and (2) Passed Motion 2022-073 authorizing the City Manager to work with the Sierra Business Council as a project partner/beneficiary in its grant application to ICLEI USA.

Public Comment was heard from the following people:

1. Ben Broché

2. Molly Armanino, Tahoe Climate Change Action Network *written comment also received

3. Luke Schiedler
Written Comment was received from the following person:

4. Jackson Realo, Exline and Company

16. Presentation - Multi-Generational Recreation and Aquatics Center Final Design Note: Councilmembers Friedrich and Creegan recused themselves due to real estate property interest and left the meeting.

Action: Received Presentation.

The following person addressed Council:

1. Chris Vicencio, JK Architecture Engineering *PowerPoint Presentation Public Comment was heard from the following person:

2. Nick Speal
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17. Contract with McCuen Construction Inc. for Phase 1 of the Multi-Generational Recreation and Aquatics Center and Related Amendments to Agreements with Jordan Knighton Architects and SierraCon/CORE
Note: Councilmembers Friedrich and Creegan recused themselves due to real estate property interest and left the meeting.

Action: Moved/Seconded: Wallace/Bass
Yes: Bass, Middlebrook and Wallace
Recused (absent): Friedrich and Creegan
Action: 1) Passed Resolution 2022-089 appropriating $3,788,851.53 in Measure P Funds for the construction of the Multi-Generational Recreation and Aquatics Center ("Project") Phase 1 and associated Construction Administration and Construction Engineering Tasks; 2) Passed Motion 2022-074 authorizing and directing the Mayor to execute Public Works Contract C-105-2022 with McCuen Construction, Inc. for $2,755,730.53 for construction of Phase 1 of the Project with 10% Construction Contingency of $275,573; 3) Passed Motion 2022-075 approving Amendment No. 5 to Professional Services Agreement C-106-2022 with Jordan Knighton Architects for $855,428 for Construction Administration Services for the Project Phase 1 & 2; and, 4) Passed Motion 2022-076 approving Amendment No. 2 to Professional Services Agreement C-107-2022 with SierraCon/Core for $330,072 for Construction Engineering Services for the Project Phase 1.

Public Comment was heard from the following people:

1. Jerry Bindel and David Gregorich, Citizen’s Independent Oversight Committee members

2. Steve Teshara, Tahoe Chamber

3. Molly Armanino

18. Draft Five-Year Capital Improvement Plan FY22-23 Budget Appropriation Requests and Adoption of Capital Improvement Project Scoring and Ranking Criteria Action: Moved/Seconded: Wallace/Bass
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Resolution 2022-090 adopting the Capital Improvement Project Scoring and Ranking Criteria.

Agenda Planning Calendar

19. Agenda Planning Calendar
Action: Received.

Updates and Announcements (City Attorney, City Clerk, City Manager) City Manager:

1. No meeting in July
City Clerk:

1. Proclamation request for Constitution Week (Council consensus)

2. November 8, 2022 Election Nomination period July 18 through August 12 Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions Councilmember Friedrich:

1. Upcoming Tahoe Regional Planning Agency Governing Board meeting

2. Multi-cultural Festival

3. Flag Day Ceremony at the Legion
Councilmember Creegan:

1. Flag Day Ceremony at the Legion
Mayor Middlebrook:

1. Ribbon Cutting for Dennis Machida Memorial Trail

2. July 4th Parade – Ameca Sister City Delegation

3. July 2 Sister City Plaque - Lake View Commons

4. League of California Cities Sacramento Chapter meeting in South Lake Tahoe 28 6
Transit Workshop

20. Transit Visioning Workshop Facilitated by Representatives of Via Mobility, LLC Note: Staff provided a PowerPoint Presentation
Action: City Council participated in a facilitated Transit Visioning Workshop.

The following people addressed the Council:

1. Josh Allmayer and Miki Takeshita, Via Mobility
Public Comment was heard from the following people:

2. Nick Speal

3. Ed Mosur

4. Jerry Bindel

5. David Gregorich

6. Steve Teshara, South Tahoe Transportation Management Association

7. Molly Armanino
Written Comment was received from the following person

8. Jackson Realo, Exline and Company

9. Tahoe Climate Change Action Network
Adjournment
At 2:44 p.m. Mayor Middlebrook adjourned the meeting.
________________________ _______________
Devin Middlebrook, Mayor Date
Attest:
_______________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
29 1
City of South Lake Tahoe
City Council
Meeting Minutes
Tuesday, June 07, 2022 at 9:00 AM
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe City Council
Devin Middlebrook, Mayor
Cristi Creegan, Mayor Pro Tem
Cody Bass, Councilmember
John Friedrich, Councilmember
Tamara Wallace, Councilmember
Mission of the City Council
The City Council exists to represent the public
interest, to oversee the City's operations and to
plan for the City's future.

NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council members discussions on Regular Session meeting items can be viewed in archived video recordings on the City’s website at http://www.cityofslt.us Public submittals on items are retained in the administrative record and can be viewed in the City Clerk’s repository at http://www.cityofslt.us
Call to Order/Pledge of Allegiance
At 9:01 a.m. Mayor Middlebrook called the meeting to order. Middlebrook then led the pledge of allegiance to the flag.

Roll Call
Present were Mayor Middlebrook, Councilmembers Bass, Creegan, Friedrich and Wallace.

Also present were City Manager Irvin, City Attorney Stroud, and City Clerk Blankenship.

Closed Session Report

1. Conference with Legal Counsel – Existing Litigation – Government Code section 54956.9(d)(1)
Case: Sophie Tetlow v. City of South Lake Tahoe, Workers’ Compensation Appeals Board Case No. ADJ10112646
Action: No reportable action.

2. Conference with Legal Counsel – Existing Litigation - Government Code section 54956.9(d)(1)
Case: Victoria L. Gessford v. City of South Lake Tahoe, El Dorado County Superior Court Case No. SC20200096
Action: No reportable action.

City Employee Recognition

1. City Employee Recognitions
Action: Dennis Churchill and Stanley Hill, Public Works were recognized for reaching 20 YearsService, Ben Hannah, Finance Department was recognized for reaching 10 Years-Service and Brian Belser, Public Works was recognized for reaching 5 Years-Service. 06 07 2022 Minutes
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Public Communications
Public Comment was heard from the following people:

1. Dan Gill – prescribed burns by the Fire Service

2. Ed Mosur – Lime Scooter hazards

3. Mary McCall – Bijou golf course
Proclamations

2. Proclamation - Recognizing June 2022 as "Pride Month" Action: Councilmember Bass presented a Proclamation recognizing June 2022, as "Pride Month" to members of the community

3. Proclamation - Recognizing June 16-19 as "El Dorado County Fair Week" Action: Issued a Proclamation recognizing June 16-19 as "El Dorado County Fair Week".

Tom Davis was present to accept the Proclamation.

City Commission and Student Advisory Reports
City Manager Irvin stated that the Student Advisory would address Council during Item 21.

Consent Agenda
Action: Moved/Seconded: Bass/Friedrich
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Consent Agenda with noted recusals.

4. City Council Meeting Minutes
Action: Passed Motion 2022-055 approving the May 17, 2022 Regular City Council meeting minutes.

5. Agreement with First Church of Christ for Shared Parking Lot Use for Fire Station 3 Action: Passed Motion 2022-056 authorizing and directing the City Manager to execute agreement C-083-2022 with the First Church of Christ for shared use and maintenance of the church parking lot for Fire Station 3.

6. Appropriation of Grant Funds for Pioneer Trail Pedestrian Improvement Project Phase II Action: Passed Resolution 2022-064 Authorizing Acceptance and Appropriation of Congestion Mitigation and Air Quality Grant in the Amount of $300,000 and Highway Infrastructure Program Grant in the Amount of $111,000, and Authorizing Appropriation of Grant Match Funding from the General Fund Grant Match Set Aside in the Amount of $53,250 into the Pioneer Trail Pedestrian Improvement Project Phase II Account; Authorizing the Director of Public Works to submit an Active Transportation Grant, and Committing to Local Matching Funds in the amount of $194,341.

7. Professional Services Agreement with Cardno Inc. for Preliminary Planning Studies for the Dennis Machida Memorial Trail Phase 1C
Action: 1) Passed Resolution 2022-065 authorizing appropriation of $56,037 from the remaining American Rescue Plan Act (ARPA) Funds from the General Fund for Engineering and Design Services for the Dennis Machida Memorial Trail Phase 1C Alignment Analysis; and 2) Passed Motion 2022-057 authorizing and directing the Mayor to execute Professional Services Agreement C-084-2022 with Cardno Inc., for an amount not to exceed $243,845 for preliminary studies relating to alignment and environmental documents for the Dennis Machida Memorial Trail Phase 1C. 06 07 2022 Minutes
31 3

9. Purchase of a Vehicle for the Streets Division
Action: Passed Motion 2022-059 authorizing and directing the City Manager to execute a purchase order for one Chevrolet Silverado from the National Auto Fleet Group via Cooperative Purchasing Contract C-086-2022 in an amount of $51,243.44 for use in the Streets Division.

10. Grant Amendment Application for the Upper Bijou Park Creek Restoration Project Action: Passed Resolution 2022-066 authorizing submittal of a grant amendment application for Lake Tahoe Restoration Act funding from the U.S. Forest Service and appropriation of $120,000 in matching funds from the General Fund Undesignated Excess Reserves and $1,000,000 in grant funds for implementation of stormwater and watershed improvements within the Upper Bijou Park Creek Watershed.

11. Delegation of Authority of City Traffic Engineer to the Director of Public Works or Designee Action: Passed Resolution 2022-067 delegating authority of City Traffic Engineer to the Director of Public Works or designee.

12. Senate Bill 1 Road Maintenance and Rehabilitation Account Project List for FY22/23 Action:

Passed Resolution 2022-068 adopting a List of Projects for the Fiscal Year 2022-23 Funded by SB 1: The Road Repair and Accountability Act of 2017.

13. Final Subdivision Map Approval for 906 Emerald Bay Road Residential Project Action: Pass Resolution 2022-069 approving Final Subdivision Map for the 906 Emerald Bay Road Residential Project.

Public Comment was heard from the following person:

1. Ed Mosur

14. American Rescue Plan Act Appropriation for Ski Run Park ADA Parking and Access Upgrades
Action: Passed Resolution 2022-070 appropriating ARPA funds in the amount of $150,000 for civil design and construction of ADA parking and access upgrades along frontage of future Ski Run Park.

15. Permanent Local Housing Allocation (PLHA) Grant Loan Agreement and Budget Appropriation for the Sugar Pine Village Affordable Housing Project Action: 1) Passed Resolution 2022-071 appropriating $5,000,000 of PLHA funds into the City budget for use in developing the Sugar Pine Village Affordable Housing Project; and 2) Passed Motion 2022-060 authorizing and directing the City Manager to execute Loan Agreement C-087-2022, Promissory Note C-088-2022, Lease Hold Deed of Trust D-017-2022 and Regulatory Agreement D-019-2022 with Sugar Pine Housing Partners, L.P. to loan $4,750,000 of PLHA funds for use in the construction of Phase 1A of the Sugar Pine Village Affordable Housing Project, all in substantially the form attached hereto including any changes required to comply with the PLHA grant agreement, and to be approved as to form by the City Attorney.

16. Amendment to Predevelopment Loan Agreement for the Sugar Pine Village Affordable Housing Project
Action: Passed Motion 2022-061 authorizing and directing the Mayor to execute Amendment C-090-2022 to the Predevelopment Loan Agreement for the Sugar Pine Village Affordable Housing Project to make minor changes for consistency with terms and requirements of other lenders. 06 07 2022 Minutes
32 4

17. Revised Resolution for the Grant Application to the State Department of Parks and Recreation Rural Recreation and Tourism Program Towards Construction of the City of South Lake Tahoe Recreation and Aquatics Center
Note: Councilmember Creegan and Councilmember Friedrich recused themselves from this item due to real property ownership in the area.

Action: Passed Revised Resolution 2022-072 approving the grant application to the State Department of Parks and Recreation Rural Recreation and Tourism Program for $3,000,000 towards construction of the City of South Lake Tahoe Recreation and Aquatics Center.

18. Tahoe Resource Conservation District, Tahoe Network of Fire Adapted Communities SubRecipient Grant Application Action: Passed Resolution 2022-073 authorizing submittal of a sub-recipient grant application to the Tahoe Recourse Conservation District in the amount of $101,693.58 for the hiring of three parttime/grant funded, Defensible Space Inspectors for a term of seven months.

19. Acceptance of Grant Award from CalRecycle for SB 1383 Local Assistance Grant Program Action: Passed Resolution 2022-074 accepting a grant award in the amount of $34,005 from CalRecycle's SB 1383 Local Assistance Grant Program to be used towards sustainability education, outreach and related personnel costs.

Regular-Unfinished Business

20. Sugar Pine Village Building Permit Fee Reduction
Note: Hilary Roverud, Director of Development Services, addressed the Council via Zoom.

Action: Moved/Seconded: Wallace/Creegan
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Resolution 2022-075 approving a 20 percent reduction in building permit fees for the Sugar Pine Village affordable housing project.

Regular-New Business

21. Discussion of Single-Use Plastics Regulations
Action: Received report and provided direction to staff.

The following person addressed the Council:

1. Darby Creegan, South Tahoe High School Senior
Public Comment was heard from the following people:

2. Milo King, South Lake Tahoe High School, Student Advisor

3. Ed Mosur

4. Gavin Feiger, League to Save Lake Tahoe

5. Molly Armanino

22. Feasibility Study for Community Choice Aggregation
Action: Moved/Seconded: Bass/Wallace
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Motion 2022-064 authorizing staff to begin the Request for Proposals (RFP) process for a Community Choice Aggregation Study.

Public Comment was heard from the following people:

1. Molly Armanino

2. Jackson Realo

3. Nick Exline
06 07 2022 Minutes
33 5

23. Request from Ski Run Park, LLC, for Banked Land Coverage from the City to be Transferred to 1195 Ski Run Boulevard at No Cost
Action: Moved/Seconded: Bass/Wallace
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Resolution 2022-076 approving a request from Ski Run Park, LLC, for the transfer and distribution of 1,115 square feet of banked land coverage from the City to 1195 Ski Run Boulevard at no cost, for the purpose of community park construction.

24. Appropriation of Funding for Mold Remediation and Asbestos Abatement at 1700 D Street Action: Moved/Seconded: Friedrich/Creegan
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Resolution 2022-077 appropriating $49,000 from General Fund Undesignated Excess Reserve for mold remediation and asbestos abatement at 1700 D Street.

25. Professional Services Agreement with Sosu.TV for Broadcasting, Media, and Video Production Services
Note: Staff provided a PowerPoint presentation.

Action: Moved/Seconded: Bass/Friedrich
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Motion 2022-062 authorizing and directing the Mayor to execute Professional Services Agreement C-093-2022 with Sosu.TV for a 2-year agreement not to exceed $177,000, with the option to renew for one (1), two (2) year term for broadcasting, media, and video production services.

The following people addressed the Council:

1. Mark and Dana Hatjakes, President and Vice President, Sosu.TV Public Comment was heard from the following person:

2. Ed Mosur

26. Memorandum of Understanding with California Tahoe Conservancy to Exchange Development Rights and Land Coverage
Action: Moved/Seconded: Friedrich/Wallace
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Motion 2022-063 authorizing and directing the Mayor to execute Memorandum of Understanding (MOU) C-094-2022 with the California Tahoe Conservancy and authorizing and directing the City Manager to execute any and all documents necessary to transfer and exchange development rights and land coverage consistent with the MOU Public Comment was heard from the following person:

1. Ed Mosur

27. Installation of a Painted Crosswalk in the City of South Lake Tahoe to Celebrate Pride Month Note: The discussion and Public Comment on this item was divided into Part A “Design” and Part B “Location”.

Note: Councilmember Creegan recused herself from Part B due to real property ownership in the area and left the meeting.

Action: City Council provided direction to the City Manager to proceed with installation of a long term painted crosswalk (design B1, location A4) with an evaluation of the project in a year Part A Public Comment:

None.

Part B Public Comment was heard from the following person:

1. Sherry Eddie
06 07 2022 Minutes
34 6

28. Two State Excess Sites Local Government Matching Grants (LGMG) Program Applications for Phases 1A and 2A of the Sugar Pine Village Affordable Housing Project Substitute Motion removing reference to St. Joseph’s Community Land Trust : 1) Pass a Resolution authorizing the joint application with The Related Companies of California, LLC for the Local Government Matching Grants (LGMG) program for Sugar Pine Village Phase 2A in the amount of $5,943,000; 2) Pass a Resolution supporting the application of The Related Companies of California, LLC for $4,000,000 of LGMG program funding and approving the budget for Phase 1A; and 3) Pass a Resolution supporting the application of The Related Companies of California, LLC for $5,943,000 of LGMG program funding and approving the budget for Phase 2A.

Action: Moved/Seconded: Friedrich/Creegan
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: 1) Passed Resolution 2022-078 2) Passed Resolution 2022-079 as amended; and 3) Passed Resolution 2022-080

29. Travel Authorization – League Annual Conference, Long Beach, CA, Climate Solutions Summit, Breckenridge, CO and Mountain and Resort Town Planners Summit, Aspen, CO Action: Moved/Seconded: Wallace/Bass
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Motion 2022-065 identifying Councilmembers to attend, and authorizing travel and associated expenses pertaining to, the event as follows:

League Annual Conference (September 7-9): Councilmember Creegan as Voting Delegate and Councilmember Friedrich as alternate.

Climate Solutions Summit, Breckenridge, CO (September 20-22): Councilmember Friedrich Mountain and Resort Town Planners Summit, Aspen, CO (October 12-16, 2022): Councilmember Middlebrook and Councilmember Bass.

Public Comment was heard from the following people:

1. Ed Mosur
2 Sherry Eddie
Agenda Planning Calendar

30. Agenda Planning Calendar
Action: Received.

Updates and Announcements (City Attorney, City Clerk, City Manager) City Attorney:

1. Support of future High School Senior Class Projects
Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions Councilmember Friedrich:

1. Miss Marcia condolences

2. Options for reducing school gun violence and increasing SRO program (Wallace second)

3. Upcoming Multi-cultural Festival
Councilmember Creegan:

1. Miss Marcia condolences

2. Happy Homestead Memorial Day event

3. Clean Tahoe Board Meeting

4. Upcoming South Tahoe Refuse Dump Day
Councilmember Bass:

1. Tahoe Transportation District meeting

2. LAFCO meeting

3. Thank you for support of Pride Month

4. Protocols for travel reimbursement (Wallace second)
06 07 2022 Minutes
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Councilmember Wallace:

1. Recognizing January 20th as Miss Marcia Day (Friedrich second) Mayor Middlebrook:

1. St. Joseph Riverside ground-breaking ceremony

2. Tahoe Prosperity Center meeting- Upcoming Economic Summit Adjournment
At 12:51 p.m. Mayor Middlebrook adjourned the meeting.
________________________ _______________
Devin Middlebrook, Mayor Date
Attest:
__________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
06 07 2022 Minutes
36 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: August 9, 2022
Agenda Item #: 5
Agenda Item: Revised Fiscal Year 2020-2021 and Fiscal Year 2021-2022 Appropriation Limits Executive Summary: Proposition 4 passed in 1979 and Proposition 111 passed in 1990, known as the Gann initiative, established a restriction on the amount of tax revenue that can be appropriated in any fiscal year. The limit is based on actual appropriations during the 1978-79 fiscal year (base year), and is allowed to increase each year based upon the calculation using a percentage change in population as of January 1 of each year in conjunction with a change in the cost of living from previous fiscal year. The two resolutions submitted to the City Council in October 2020 and October 2021 establishing the Appropriation Limits for Fiscal year 2020-2021 and 2021-2022 respectively require revisions due to an error in 2020-2021 calculations. The attached resolutions establish the revised appropriation limits. The revised fiscal year 2020-2021 appropriations limit is $83,178,448. The City's FY 2020-2021 appropriation subject to the limit from proceeds of taxes is $31,697,591. Therefore, the City's appropriations is under the legal limit by $51,480,857. The revised fiscal year 2021-2022 appropriations limit is $88,788,841. The City's FY 2021-2022 appropriation subject to the limit from proceeds of taxes is $45,140,522. Therefore, the City's appropriations is under the legal limit by $43,648,319.

Requested Action / Suggested Motions: 1) Pass a Resolution establishing the revised Appropriation Limit for Fiscal Year 2020-2021 in the amount of $83,178,448; and 2) Pass a Resolution establishing the revised Appropriation Limit for Fiscal Year 2021-2022 in the amount of $88,788,841, in compliance with Proposition 111.

Responsible Staff Member: Olga Tikhomirova, Director of Finance Responsible Staff Member: Olga Tikhomirova, Director of Finance (530) 542-7431 Reviewed and Approved By:

Susan Blankenship, City Clerk
Heather Stroud, City Attorney
Attachments:
01-Staff Report Revised GANN Limits FY 2020-21 and 2021-22.docx 02-Resolution Revised GANN 2020-2021.docx
03-Resolution Revised GANN 2021-2022.docx
04-Revised Appropriation Limit 2020-2021 Worksheets.pdf 05-Revised Appropriation Limit 2021-22 Worksheets.pdf
37 Council Agenda Report August 9, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: August 9, 2022
Title: Revised Fiscal Year 2020-2021 and 2021-2022 Appropriation Limits Location: Citywide
Responsible Staff Member: Olga Tikhomirova, Director of Finance, (530) 542-7431 Background: Proposition 4 passed in 1979 and Proposition 111 passed in 1990, known as the Gann Initiative, created a restriction on the amount of revenue which can be appropriated in any fiscal year. The limit is based on actual appropriations during the 1978-79 fiscal year (base year) and is allowed to increase each year based upon the calculation using a percentage change in population as of January 1 of each year in conjunction with a change in the cost of living from previous fiscal year.

Issue and Discussion: The Finance department previously submitted the appropriations limit calculations for Fiscal Year 2020-2021 and 2021-2022 to City Council on October 20, 2020 and October 19, 2021 respectively. Those calculation required revisions due to an incorrect population factor used in 2020-2021 calculations.

Population estimates by the State Department of Finance as of January 1, 2020 indicate 0.99 percent change in the City and 1.70 percent change County-wide (Attachment 4, Worksheet 5B). The per capita personal income (cost of living factor) changed by a ratio of 1.0373 from fiscal year 2019-2020. Only revenues referred to as “proceeds of taxes” are restricted by the limit. Proceeds of taxes for fiscal year 2020-2021 are calculated at $32,844,009 (Attachment 4, Worksheet 2).

Population estimates by the State Department of Finance as of January 1, 2021 indicate 0.81 percent change in the City and 0.96 percent change County-wide (Attachment 5, Worksheet 5B). The per capita personal income (cost of living factor) changed by a ratio of 1.0573 from fiscal year 2020-2021. Only revenues referred to as “proceeds of taxes” are restricted by the limit. Proceeds of taxes for fiscal year 2021-2022 are calculated at $46,392,095 (Attachment 5, Worksheet 2).

Financial Implications: The fiscal year 2020-2021 appropriations limit was originally incorrectly calculated as $82,761,329. The correct appropriations limit is $83,178,448 (Attachment 4, Worksheet 4) which is $417,119 higher. The City’s appropriation subject to the limit from proceeds of taxes remains at $31,697,591. Therefore, the City’s appropriation is under the legal limit by $51,480,857.

The fiscal year 2021-2022 appropriations limit was originally incorrectly calculated as $88,343,587. The correct appropriations limit is $88,788,841 (Attachment 5, Worksheet 4), which is $445,254 higher. The City’s appropriation subject to the limit from proceeds of taxes 38 Council Agenda Report August 9, 2022 Page 2
of 2
remains at $45,140,522. Therefore, the City’s appropriation is under the legal limit by $43,648,319.

Environmental Considerations: This is not a “project” subject to review under the California Environmental Quality Act (CEQA) Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies) Policy Implications: Consistent with City’s Financial Policies. 39 Resolution 2022-XXX August 9, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
August 9, 2022
Establishing the Revised Appropriations Limit for the Fiscal Year 2020-2021 in Compliance with Proposition 111 in the Amount of $83,178,448

BACKGROUND
A. Article XIIIB of the California Constitution and Section 7910 of the Government Code of the State of California provide that the governing body of each jurisdiction shall by resolution establish its appropriation limit for the following fiscal year; B. Proposition 111 approved in November 1990 now requires that the limit be calculated using new growth factors;
C. The appropriations limit calculation for the Fiscal Year 2020-2021 submitted on October 20, 2020 contained an error requiring a revision to the appropriations limit; D. The City Council has reviewed the appropriate growth factors and does hereby choose the population growth within El Dorado County to better reflect the average daily population;
E. The City Council has reviewed the appropriate cost of living factors and does hereby choose the per capita personal income factor;
F. Documentation used in determination of the appropriations limit has been available to the public since July 22, 2022, in the Accounting Division, meeting the required fifteen (15) day period for public inspection as required by law; G. The City Council of the City of South Lake Tahoe now desires to adopt said revised appropriations limit.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED by the City Council of the City of South Lake Tahoe that the revised appropriations limit for the Fiscal Year 2020-2021 in compliance with Proposition 111 is established as being $83,178,448.

Adopted by the City of South Lake Tahoe City Council on August 9, 2022 by the following vote:
40 Resolution 2022-XXX August 9, 2022 Page 2 of 2
Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Devin Middlebrook, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
41 Resolution 2022-XXX August 9, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
August 9, 2022
Establishing the Revised Appropriations Limit for the Fiscal Year 2021-2022 in Compliance with Proposition 111 in the Amount of $88,788,841

BACKGROUND
A. Article XIIIB of the California Constitution and Section 7910 of the Government Code of the State of California provide that the governing body of each jurisdiction shall by resolution establish its appropriation limit for the following fiscal year.

B. Proposition 111 approved in November 1990 now requires that the limit be calculated using new growth factors.

C. The appropriations limit calculation for the Fiscal Year 2020-2021 submitted on October 20, 2020 contained an error requiring a revision to the Fiscal Year 2021- 2022 appropriations limit;
D. The City Council has reviewed the appropriate growth factors and does hereby choose the population growth within El Dorado County to better reflect the average daily population.

E. The City Council has reviewed the appropriate cost of living factors and does hereby choose the per capita personal income factor.

F. Documentation used in determination of the appropriations limit has been available to the public since July 15, 2022, in the Accounting Division, meeting the required fifteen (15) day period for public inspection as required by law.

G. The City Council of the City of South Lake Tahoe now desires to adopt said appropriations limit.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED by the City Council of the City of South Lake Tahoe that the revised appropriations limit for the Fiscal Year 2021-2022 in compliance with Proposition 111 is established as being $88,788,841.

Adopted by the City of South Lake Tahoe City Council on August 9, 2022 by the following vote:
42 Resolution 2022-XXX August 9, 2022 Page 2 of 2
Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Devin Middlebrook, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
43 DIVISION

USER FEES REVENUE REVENUE EXPENSE

BUDGET TOTAL BUDGET
10001730-34180 COPY CHARGES 500
10001840-34032 IS SERVICES 39,000
TOTAL ACCOUNTING 39,500 1,367,155
10003110-34180 COPY CHARGES 50
10003210-32116 TRANSPORTATION 1,500
10003210-32120 ENCROACHMENT 90,400
10003210-32118 OBSTRUCTION 800
10003210-34135 PARCEL MERGE 6,000
10003210-34150 ENGINEERING INPECTIONS 500
10003210-34155 PLAN CHECK 500
10002240-34230 FIRE PREVENTION SPECIAL INSPECTION FEES60,000 TOTAL ENGINEERING 159,750 1,231,034
10003710-34xxx PLANNING PERMITS 66,100
TOTAL PLANNING 66,100 794,943
10002210-34520 SERVICE CHARGES 800
10002220-34223 FIRE SUPPRESSION FEES 45,000
10002220-34260 EMS 0 Moved to 236-02262
10002220-36283 OVERTIME REIMBURS. 75,000
TOTAL FIRE DEPARTMENT 120,800 7,126,026
10002110-32114 POLICE PERMITS 300
10002110-34210 SPECIAL SVC 62,775
10002110-34211 PD INCIDENTAL 21,000
10002110-34213 BOOKING FEES 4,000
10002150-33206 POST 20,000
TOTAL POLICE 108,075 10,554,940
10004105-34xxx RECREATION ADMINISTRATION 0
10004110-34xxx GOLF COURSE 0
10004130-34xxx CAMPGROUND 880,000
10004170-34xxx PARK MAINTENANCE 67,500
10004220-34xxx RECREATION PROGRAMS 175,000
10004225-34xxx SPECIAL EVENTS 75,000
10004230-34xxx SENIOR CNTR 4,900
TOTAL PARKS & REC 1,202,400 2,388,006
Revenues Expenditures
TOTAL GENERAL FUND USER FEES 1,696,625 23,462,104
WORKSHEET # 1
APPROPRIATIONS LIMIT 2020-2021
J:\Accountant\GANN Limit\2020\worksheets 2020-2021
44 APPROPRIATIONS LIMIT 2020-2021
GENERAL FUND REVENUE (less use of FB) 40,521,415
TOTAL GF REVENUES 40,521,415
TAXES
Revenue PROPERTY TAXES 8,442,000
Summary SALES TAX 7,830,000
page BUSINESS LICENSE 1,406,600
TOT Taxes 12,411,409
31601and 31702 OTHER TAXES 400,000
TOTALTAXES 30,490,009

REVENUE FROM STATE
10001511-33201 Motor Vehicle in lieu 2,280,000 includes 33202 10001511-33207 Off Highway Vehicles 0
10001511-33204 HOPTR 72,000
10001511-33208 MANDATES SB Reimburs. 2,000
TOTAL REVENUE FROM STATE 2,354,000
PROCEEDS OF TAXES 32,844,009
NON TAX PROCEEDS 7,677,406
TOTAL PROCEEDS 40,521,415
LESS INTEREST INCOME 300,000
NET 40,221,415

TOTAL TAXES NON-TAX
TOTAL 40,521,415 32,844,009 7,677,406
EXCLUSIONS (WORKSHEET # 7) 1,146,418 1,146,418
INTEREST 300,000 300,000
NET 39,074,997 31,697,591 7,377,406
PERCENT 100% 81% 19%
ALLOCATION OF INTEREST 300,000 243,360 56,640
ADJUSTED TOTAL 39,374,997 31,940,951 7,434,046
WORKSHEET # 2
J:\Accountant\GANN Limit\2020\worksheets 2020-2021
45 CITY: South Lake Tahoe
FY: 2020-2021
BUDGET: ___X___ or ACTUAL: _____

AMOUNT SOURCE
A. NON-INTEREST
TAX PROCEEDS 32,844,009 (Worksheet # 2)
B. MINUS EXCLUSIONS 1,146,418 (Worksheet # 7)
C. NET INVESTED TAXES 31,697,591 (A - B)
D. TOTAL NON-INTEREST 39,074,997 (Worksheet # 2)
BUDGET
E. TAX PROCEEDS AS
PERCENT OF BUDGET 0.81120 (C / D)
F. INTEREST EARNINGS 300,000 Budget or Actual
G. AMOUNT OF INTEREST
EARNED FROM TAXES 243,360 (E * F)
H. AMOUNT OF INTEREST
EARNED FROM NON-TAXES 56,640 (F - G)
I. Take the result of steps G and H
Copy on to worksheet # 2
WORKSHEET # 3
APPROPRIATIONS LIMIT 2020-2021

INTEREST EARNINGS

PRODUCED BY TAXES
J:\Accountant\GANN Limit\2020\worksheets 2020-2021
46 CITY: South Lake Tahoe
FY: 2020-2021
BUDGET: ___X___ or ACTUAL: _____

AMOUNT SOURCE
A. PROCEEDS OF TAXES 32,844,009 (Worksheet # 2)
B. EXCLUSIONS 1,146,418 (Worksheet # 7)
C. APPROPRIATIONS SUBJECT
TO LIMITATION 31,697,591 (A - B)
D. CURRENT YEAR LIMIT 83,178,448 (Worksheet # 6)
E. OVER (UNDER) LIMIT (51,480,857) (C - D)

APPROPRIATIONS SUBJECT
TO LIMITATION (rev.)
WORKSHEET # 4
C:\Users\otikhomirova\OneDrive - City of South Lake Tahoe\Accounting\Accountant\GANN Limit\2020\2020 GANN revised\worksheets 2020-2021 revised 03 13 2022
47 May 2020
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2020-21 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2020-21 3.73
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2020-21 appropriation limit.
2020-21:

Per Capita Cost of Living Change = 3.73 percent
Population Change = 0.22 percent
Per Capita Cost of Living converted to a ratio: 3.73 + 100 = 1.0373 100
Population converted to a ratio: 0.22 + 100 = 1.0022
100
Calculation of factor for FY 2020-21: 1.0373 x 1.0022 = 1.0396

INFLATION
FACTOR
WORKSHEET # 5A
48 Fiscal Year 2020-21
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2019 to January 1, 2020 and Total Population, January 1, 2019 Total
County Population Percent Change --- Population Minus Exclusions --- City 2019-2020 1-1-19 1-1-20 1-1-2020
El Dorado
Placerville 1.33 10,836 10,980 10,980
South Lake Tahoe 0.99 22,304 22,525 22,525
Unincorporated 1.83 156,775 159,638 159,722
County Total 1.70 189,915 193,143 193,227
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.

WORKSHEET # 5B

1.70 + 100
100
= 1.017 POPULATION FACTOR
POPULATION FACTOR:

The City may adjust its appropriations limit by either the percentage change in the City’s own population growth, or the percentage change in the population growth for El Dorado County. The above factor represents the annual percentage change in population for El Dorado County. 49 CITY: South Lake Tahoe
FY: 2020-2021
BUDGET: ___X___ or ACTUAL: _____________

AMOUNT SOURCE
A. LAST YEAR'S LIMIT (19-20) 78,847,056
B. ADJUSTMENT FACTORS

1. Population % 1.0170 (Worksheet # 5B)

2. Inflation % 1.0373 (State Finance
(Worksheet # 5A))
Total adjustment % 1.0549 (B1*B2)
C. ANNUAL ADJUSTMENT $ 4,331,392 A*((B-1)*1)
D. OTHER ADJUSTMENTS:

Prior Year Limit Correction ( + ) 0
Sub-Total 0
E. TOTAL ADJUSTMENTS 4,331,392 (C+D)
F. THIS YEAR'S LIMIT (20-21) 83,178,448 (A+E)
APPROPRIATIONS LIMIT 2020-2021 (rev.)
WORKSHEET # 6
C:\Users\otikhomirova\OneDrive - City of South Lake Tahoe\Accounting\Accountant\GANN Limit\2020\2020 GANN revised\worksheets 2020-2021 revised 03 13 2022
50 Budget

FEDERAL MANDATES
41119 ALL UNEMPLOYMENT INS 92,304
41128-41129 ALL MEDICARE 268,764
TOTAL FEDERAL 361,068

STATE MANDATES
10003410-44091 HAZARDOUS WASTE 8,350
20103510-44091 HAZARDOUS WASTE 2,000
20703610-44091 HAZARDOUS WASTE 2,000
TOTAL HAZ WASTE 12,350
10002220-41040 FLSA OT (91% OF FIRE OT) 273,000
20103510-33205 OVERLAY (Gas Tax Funds) 500,000
TOTAL STATE 773,000
GRAND TOTAL EXCLUSIONS 1,146,418
APPROPRIATIONS LIMIT 2020-2021
WORKSHEET # 7

EXCLUSIONS
J:\Accountant\GANN Limit\2020\worksheets 2020-2021
51 DIVISION

USER FEES REVENUE REVENUE EXPENSE

BUDGET TOTAL BUDGET
10001730-34180 COPY CHARGES 50
10001840-34032 IS SERVICES 41,000
TOTAL ACCOUNTING 41,050 1,459,225
10003110-34180 COPY CHARGES 50
10003210-32116 TRANSPORTATION 1,500
10003210-32120 ENCROACHMENT 110,000
10003210-32118 OBSTRUCTION 800
10003210-34135 PARCEL MERGE 6,000
10003210-34150 ENGINEERING INPECTIONS 500
10003210-34155 PLAN CHECK 500
10002240-34230 FIRE PREVENTION SPECIAL INSPECT 40,000
TOTAL ENGINEERING 159,350 1,231,319
10003710-34xxx PLANNING PERMITS 111,000
TOTAL PLANNING 111,000 753,106
10002210-34520 SERVICE CHARGES 500
10002220-34223 FIRE SUPPRESSION FEES 20,000
10002220-34260 EMS 0 Moved to 236-02262
10002220-36283 OVERTIME REIMBURS. 100,000
TOTAL FIRE DEPARTMENT 120,500 8,935,725
10002110-32114 POLICE PERMITS 300
10002110-34210 SPECIAL SVC 62,775
10002110-34211 PD INCIDENTAL 21,000
10002110-34213 BOOKING FEES 4,000
10002150-33206 POST 20,000
TOTAL POLICE 108,075 12,383,177
10004105-34xxx RECREATION ADMINISTRATION 0
10004110-34xxx GOLF COURSE 0
10004130-34xxx CAMPGROUND 600,000
10004170-34xxx PARK MAINTENANCE 67,500
10004220-34xxx RECREATION PROGRAMS 175,000
10004225-34xxx SPECIAL EVENTS 75,000
10004230-34xxx SENIOR CNTR 4,900
TOTAL PARKS & REC 922,400 3,137,589
Revenues Expenditures
TOTAL GENERAL FUND USER FEES 1,462,375 27,900,141
WORKSHEET # 1
APPROPRIATIONS LIMIT 2021-2022
J:\Accountant\GANN Limit\2021\worksheets 2021-2022
52 APPROPRIATIONS LIMIT 2021-2022
GENERAL FUND REVENUE (less use of FB) 54,553,910
TOTAL GF REVENUES 54,553,910
TAXES
Revenue PROPERTY TAXES 9,175,180
Summary SALES TAX 15,877,625
page BUSINESS LICENSE 1,647,000
TOT Taxes 16,839,290
31601and 31702 OTHER TAXES 470,000
TOTAL TAXES 44,009,095

REVENUE FROM STATE
10001511-33201 Motor Vehicle in lieu 2,285,000 includes 33202 10001511-33207 Off Highway Vehicles 0
10001511-33204 HOPTR 78,000
10001511-33208 MANDATES SB Reimburs. 20,000
TOTAL REVENUE FROM STATE 2,383,000
PROCEEDS OF TAXES 46,392,095
NON TAX PROCEEDS 8,161,815
TOTAL PROCEEDS 54,553,910
LESS INTEREST INCOME 300,000
NET 54,253,910

TOTAL TAXES NON-TAX
TOTAL 54,553,910 46,392,095 8,161,815
EXCLUSIONS (WORKSHEET # 7) 1,251,573 1,251,573
INTEREST 300,000 300,000
NET 53,002,337 45,140,522 7,861,815
PERCENT 100% 85% 15%
ALLOCATION OF INTEREST 300,000 255,501 44,499
ADJUSTED TOTAL 53,302,337 45,396,023 7,906,314
WORKSHEET # 2
J:\Accountant\GANN Limit\2021\worksheets 2021-2022
53 CITY: South Lake Tahoe
FY: 2021-2022
BUDGET: ___X___ or ACTUAL: _____

AMOUNT SOURCE
A. NON-INTEREST
TAX PROCEEDS 46,392,095 (Worksheet # 2)
B. MINUS EXCLUSIONS 1,251,573 (Worksheet # 7)
C. NET INVESTED TAXES 45,140,522 (A - B)
D. TOTAL NON-INTEREST 53,002,337 (Worksheet # 2)
BUDGET
E. TAX PROCEEDS AS
PERCENT OF BUDGET 0.85167 (C / D)
F. INTEREST EARNINGS 300,000 Budget or Actual
G. AMOUNT OF INTEREST
EARNED FROM TAXES 255,501 (E * F)
H. AMOUNT OF INTEREST
EARNED FROM NON-TAXES 44,499 (F - G)
I. Take the result of steps G and H
Copy on to worksheet # 2
WORKSHEET # 3
APPROPRIATIONS LIMIT 2021-2022

INTEREST EARNINGS

PRODUCED BY TAXES
J:\Accountant\GANN Limit\2021\worksheets 2021-2022
54 CITY: South Lake Tahoe
FY: 2021-2022
BUDGET: ___X___ or ACTUAL: _____

AMOUNT SOURCE
A. PROCEEDS OF TAXES 46,392,095 (Worksheet # 2)
B. EXCLUSIONS 1,251,573 (Worksheet # 7)
C. APPROPRIATIONS SUBJECT
TO LIMITATION 45,140,522 (A - B)
D. CURRENT YEAR LIMIT 88,788,841 (Worksheet # 6)
E. OVER (UNDER) LIMIT (43,648,319) (C - D)

APPROPRIATIONS SUBJECT
TO LIMITATION (rev.)
WORKSHEET # 4
C:\Users\otikhomirova\OneDrive - City of South Lake Tahoe\Accounting\Accountant\GANN Limit\2021\2021 GANN revised\worksheets 2021-2022 rev
55 May 2021
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2021-22 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2021-22 5.73
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2021-22 appropriation limit.
2021-22:

Per Capita Cost of Living Change = 5.73 percent
Population Change = -0.46 percent
Per Capita Cost of Living converted to a ratio: 5.73 + 100 = 1.0573 100
Population converted to a ratio: -0.46 + 100 = 0.9954
100
Calculation of factor for FY 2021-22: 1.0573 x 0.9954 = 1.0524

INFLATION
FACTOR
WORKSHEET # 5A
56 Fiscal Year 2021-22
Total
County Population Percent Change --- Population Minus Exclusions --- City 2020-2021 1-1-20 1-1-21 1-1-2021
El Dorado
Placerville -0.69 10,964 10,888 10,888
South Lake Tahoe 0.81 23,210 23,398 23,398
Unincorporated 1.10 159,261 161,011 161,076
County Total 0.96 193,435 195,297 195,362
POPULATION FACTOR:

The City may adjust its appropriations limit by either the percentage change in the City’s own population growth, or the percentage change in the population growth for El Dorado County. The above factor represents the annual percentage change in population for El Dorado County. = 1.0096 POPULATION FACTOR .96 + 100
100
WORKSHEET # 5B
57 CITY: South Lake Tahoe
FY: 2021-2022
BUDGET: ___X___ or ACTUAL: _____________

AMOUNT SOURCE
A. LAST YEAR'S LIMIT (20-21) 83,178,448
B. ADJUSTMENT FACTORS

1. Population % 1.0096 (Worksheet # 5B)

2. Inflation % 1.0573 (State Finance
(Worksheet # 5A))
Total adjustment % 1.0675 (B1*B2)
C. ANNUAL ADJUSTMENT $ 5,610,393 A*((B-1)*1)
D. OTHER ADJUSTMENTS:

Prior Year Limit Correction ( + ) 0
Sub-Total 0
E. TOTAL ADJUSTMENTS 5,610,393 (C+D)
F. THIS YEAR'S LIMIT (21-22) 88,788,841 (A+E)
APPROPRIATIONS LIMIT 2021-2022 (rev.)
WORKSHEET # 6
C:\Users\otikhomirova\OneDrive - City of South Lake Tahoe\Accounting\Accountant\GANN Limit\2021\2021 GANN revised\worksheets 2021-2022 rev
58 Budget

FEDERAL MANDATES
41119 ALL UNEMPLOYMENT INS 96,303
41128-41129 ALL MEDICARE 278,920
TOTAL FEDERAL 375,223

STATE MANDATES
10003410-44091 HAZARDOUS WASTE 8,350
20103510-44091 HAZARDOUS WASTE 2,000
20703610-44091 HAZARDOUS WASTE 2,000
TOTAL HAZ WASTE 12,350
10002220-41040 FLSA OT (91% OF FIRE OT) 364,000
20103510-33205 OVERLAY (Gas Tax Funds) 500,000
TOTAL STATE 864,000
GRAND TOTAL EXCLUSIONS 1,251,573
APPROPRIATIONS LIMIT 2021-2022
WORKSHEET # 7

EXCLUSIONS
J:\Accountant\GANN Limit\2021\worksheets 2021-2022
59 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: August 9, 2022
Agenda Item #: 6
Agenda Item: Financial Policy Amendments to Procurement, Travel and Training, and Capital Investments Policies
Executive Summary: Financial policies that are up to date with current laws, governmental accounting standards and compliance are essential to the prudent financial management of the City’s assets and resources. Updates to the Procurement Policy are proposed to increase authorization limits due to the rising increase in cost of goods and services. Annual updates to the Travel and Training policies are necessary to reflect current Federal per diem and mileage rates, while updates to the Capital Investments Policy reflect increases relevant to the Procurement Policy in documenting Capital Assets.

Requested Action / Suggested Motions: Pass a Resolution Approving Amendments to Financial Policies Regarding Procurement, Travel and Training, and Preserving Capital Investments.

Responsible Staff Members: Lori Marino, Principle Management Analyst and Heather Stroud, City Attorney
Responsible Staff Member: Lori Marino, Principal Management Analyst, 530-542-7410 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Financial Policy Amendments.docx
02-Resolution Financial Policy Amendments.docx
03-CSLT Procurement Policy Redline.pdf
04 - CSLT Procurment Policy (Exh. A to Reso).pdf
05-CSLT Travel Policy Redline.pdf
06-CSLT Travel Policy (Exh. B to Reso).pdf
07-CSLT Local Training and Meeting Policy Redline.pdf
08-CSLT Local Training and Meeting Policy (Exh. C to Reso).pdf 09-CSLT Preserving Capital Investments Redline.pdf
10-CSLT Preserving Capital Investments (Exh. D to Reso).pdf 60 Council Agenda Report August 9,
2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: August 9, 2022
Title: Financial Policy Amendments to Procurement, Travel and Training, and Capital Investments Policies
Location: City-wide
Responsible Staff Member: Lori Marino, Principal Management Analyst (530) 542- 7410 Background: The City Council adopted the City of South Lake Tahoe Financial Policy Amendments to Capital Investments, Grant Funding and Compliance, and Procurement Policies on August 3, 2021, as well as revision to the Procurement Policy to include language for SB1383 requirements on November 02, 2021. Policies are reviewed often, and necessary amendments, updates, or new policies are presented to the City Council for adoption.

Issue and Discussion: This year the following policy amendments are recommended:
 Procurement Policies and Procedures: The proposed amendments to the Procurement Policy reflects the current economic climate as it relates to procurement challenges resulting from ongoing pandemic issues, inflationary pressures, supply chain risks, cost of goods, etc. To address these issues, staff is recommending increasing purchase limits and approval authority thresholds to align with increased cost of goods and Federal and State threshold increases. These limits have not been changed since 2014.

In addition, clarifications were made to differentiate between Request for Proposals and Requests for Qualifications as well as adding specifics to further explain Public Projects which are subject to Public Contract Code and the Public Construction Cost Accounting Act as noted in the City Code SLTCC § 3.45, Article II. Procedures have been added to address BIDS receiving less than three bid responses, which has been more frequent in the last year. The proposed changes and clarifications should help streamline efficiencies to provide prudent stewardship of public funds and City resources.

Current Purchase
Threshold
Current Approval
Authority
Proposed Threshold Proposed Approval
Authority
$0 - $6,999 Supervisor or
Designated
Purchaser
$0 - $9,999 Supervisor or
Designated
Purchaser
$7,000 - $19,999 Department Head $10,000 - $29,999 Department Head $20,000 - $49,999 Department Head
and City Manager
$30,000 - $59.999 Department Head
and City Manager
$50,000 and over City Council $60,000 and over City Council 61 Council Agenda Report August 9,
2022 Page 2 of 2
 Travel Policy and Local Training and Meeting Policy: The proposed amendments to the Travel and Local Training policies are to increase the current Per Diem and Mileage rates to align with current Federal General Services Administration established rates.  Preserving Capital Investments-Fixed Assets, Capitalization, and Inventory Control Policy:

Updates to this policy include changing the threshold for asset classes previously at $7,000, increasing to $10,000 for capitalization. Proposed increases are to align with the proposed increases in the Procurement Policy.

Financial Implications: Financial Policies that are up to date with current laws, governmental accounting standards and compliance are essential to the prudent financial management of the City’s assets and resources.

Environmental Considerations: These Policy Amendments are exempt from CEQA under State CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). Section 15061(b)(3) of the CEQA Guidelines states that an activity is covered by the commonsense exemption that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review.

Policy Implications: The overall impact of financial policies is to strengthen and preserve the City’s financial position and fiscal health as well as maintain the highest level of ethics in the stewardship of public funds.
62 Resolution 2022-XXX August 09, 2022 Page 1 of 1
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
August 9, 2022
Approving Amendments to Financial Policies Regarding Procurement, Travel and Training, and Preserving Capital Investments

BACKGROUND
A. The City of South Lake Tahoe City Council approves and adopts Financial Policies to support the City’s financial operations and ensure its fiscal health; and B. Financial Policies require amendments from time to time to ensure compliance with the requirements set forth in Federal and State law; Generally Accepted Accounting Principles (GAAP) and City Code; and
C. Amendments to the Procurement Policy have been updated to align with Federal threshold increases as well as rising cost of goods; and
D. Proposed Amendments to the Travel and Local Training Policies are to align the Per Diem and Mileage Reimbursement rates with current Federal General Services Administration established rates; and
E. Amendments to the Preserving Capital Investments- Fixed Assets, Capitalization, and Inventory Control Policy are to increase the threshold for capital expenditures within the asset class set at $7,000 to $10,000 to align with proposed changes in the Procurement Policy; and BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED that the City Council of the City of South Lake Tahoe:

1. Approves the amendments and updates as described in the Financial Policies- Procurement Policies and Procedures (attached hereto as Exhibit A), Travel and Training (attached hereto as Exhibit B), Local Training and Meetings (attached hereto as Exhibit C), and Preserving Capital Investments (attached hereto as Exhibit D).

Adopted by the City of South Lake Tahoe City Council on August 09, 2022 by the following vote:

Yes:

No:

Abstain:

Absent:
________________________ Date: _________
Devin Middlebrook, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
63 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 1

FINANCIAL MANAGEMENT

PROCUREMENT POLICY
These guidelines establish the basic policies and procedures for the procurement of goods and services in accordance with City Ordinance Adopted and Approved by the City Council August 93, 20221. Procedures are drafted by the Finance Dept. in coodinationnjunction with the City Attorney and City Manager’s office. All City employees responsible for the procurement of goods and services while conducting City business are responsible for knowing and following this policy.

Quick Guide to Purchasing
Dollar
limit
For Materials, Supplies, Equipment & Services Forms
Required
Signing
Authority
$0 -
$6,999.99
$9,999
Discretionary purchases: no competitive bid required. Purchase using Cal Card, or vendor invoice- signed, with account number.

ALL services performed by an outside vendor at a City-owned property require a Purchase Order or PSA.

Signed invoice
or e-mail
approval with
acct. #number
or
PO for service
Supervisor/
Designated
Purchaser
$7,000 –
$19,999
$10,000 –
$29,999
Requires 3 informal quotes, cooperative contract, or Sole Source Justification form. Purchase using approved vendor invoice, or PO with budgeted account number.
*ALL services performed by an outside vendor require a
Purchase Order or Professional Services Agreement.
3-Quotes or
Sole Source
form, Co-op
contract#, PO,
or invoice
w/ acct#
Department
Head
$20,000 -
$49,999
$30,000 –
$59,999
Requires 3 informal quotes, co-op contract, or Sole Source Justification form. Provide budgeted account number and proper signing authority.
*ALL services and purchases of goods at this threshold require a PO and/or written contract approved by Dept. Head & City Manager.

All above +
PO, PSA/ or
Purchase
Agreement
Department
Head and
City Manager
$50,000
$60,000 +
Requires Formal Bid process with City Council approval. All services and purchases of goods require a written contract approved by the City Attorney’s office as well as City Council approval.

All above +
- RFP or BID
-Staff report
City Council
Awardinvoices signed
by DH, CM
NOTE: ALL construction, reconstruction, alteration, renovation, improvement, demolition, painting, re-painting and repair work involving ANY publicly owned, leased, or operated Formatted Table
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64 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 2 facility is considered a Public Project and is subject to the City’s Public Works Code and the Uniform Public Construction Cost Accounting Act.” (City Code SLTCC § 3.45, Article II) Contact the Public Works Department (ext. 6034) for further direction prior to engaging in any of these activities.

TABLE OF CONTENTS
This policy is organized into the following Five sections: Page

1. General Standards……………………………………………...……………………...4

1.1. Code of Ethics………………….……………………………………….………….4

1.1.1.2. Conflict of Interest ……………………………………………………….

1.2.1.3. Public Projects……………………………………………………………………..
5 1.3.1.4. On-Site
Services……………………………………………………………….…...5

1.4.1.5. Splitting Purchases ……………………………………………………………….. 5 1.5.1.6. Sole Source Purchasing ………………………………………………………..… .5

1.7. Environmentally Preferable Products………………………………………………6

1.6.1.8. SB 1383 Recovered Organic Waste Products ……………………………

1.7.1.9. Cooperative
Purchasing…………………………………………………………….6

1.8.1.10. Business License Requirement
…………………………………………………….6

1.9.1.11. Budget
Appropriation………….…….……………………………………………..6-7

1.10. Disposition of Surplus…………………………………………………….………7

2. Discretionary Purchases (less than $107,000)……………………………………….… 8

2.1. Signature Authority………………………………………………………………...8

2.2. Purchases utilizing Federal Funds/Other Revenue ……………………………….. 8

2.3. Discretionary Process…………………………………………………..…………. 8

3. Informal Solicitations ($107,000 - $549,999).……………………………………..…….. 9

3.1. Signature Authority…………………………………………………………………9

3.2. Equipment and Capital Expenditures …………….…………………….…………. 9-10 Formatted: Font: Bold
65 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 3

3.3. Informal Bid and Proposal Process ………………………………………….……. 10

3.4. Purchase Orders…………………………..……………………………,,……….…11

3.5. Purchase Agreement………………………..……………..………………..………11

3.6. Professional Service Agreement……………………………………………………11

4. Formal Solicitations ($650,000 and above) ………………………………………...… 11

4.1. Signature Authority.………………………………………………………….….…11

4.2. Formal Bidding Process……………………………………………………………12
Invitation to Bid (goods, materials, equipment) …………………………………...12 Requests for Proposals (services or consultants) ………………………………….12

4.3. Local Business Preference…………………………………………………………12

4.4. Bidders Security……………………………………………………………………12

4.5. Bid and RFP Evaluations ………………………………………………………….13

4.6. City Council Staff Recommendations……………………………………………...14

4.7. Bid Protests……………………………………………………………………...….14-15

4.8. Maintaining Documentation………………………………………………………..15-16

5. Forms and Boiler Plates
Exhibit A- Payment Request Form…..…………………………………………… 17-18 Exhibit B - Sole Source Justification ..……………………………………………..19-20 Exhibit C – Request for Quotes ……………………………………………………21-22 Exhibit D – Contract/Agreement Routing Form…………………………………...23-24 Exhibit E – Bid Evaluation Forms and
ScoresheetScorecard…………………………………………….. 25-28
Exhibit F – Standard RFP/RFQ required template
……………………………………...29-38
Exhibit G – Standard PSA (Professional Services Agreement) ………………….. 39-54 Exhibit H – Standard Invitation to Bid………………………………………..….. 55-64 Exhibit I – Standard Purchasing Agreement (Contract for Goods)…………….… 65-74 Exhibit J – Bid Rejection Letter……………………………………………………75-76 Exhibit K – Bid Acceptance Letter ………………………………………………..77-78 66 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 4 Exhibit L – Instructions to create a PO ……………………………………….…...79-88

1. GENERAL STANDARDS:

The City's Purchasing Ordinance (SLTCC § 3.45) and Procurement Policy are in place as guideline to ensure materials and services are purchased in a legal and cost-effective manner.

The purchasing functions are decentralized, with each Department/Division responsible for procuring their own goods, services and contracts, and maintaining compliance with City policies and procedures. Employees and City Officials are responsible for exercising good judgment in requesting, approving, and procuring goods, services, and contracts on behalf of the City of South Lake Tahoe to provide prudent stewardship of public funds and City resources.

Adoption and Implementation: The City Council is responsible for adopting the City's Purchasing Ordinance and Procurement Policy and approving significant policy revisions. The City Manager, or his/her designee, is responsible for developing administrative procedures to implement this policy. In this role, the City Manager is authorized to make minor administrative changes in the guidelines without significant policy impacts.

Public Records Requirement: All documents related to City procurement are public records and may be subject to disclosure under the California Public Records Act (Government Code §6250- 6270).

1.1 CODE OF ETHICS
Public employees and officials shall act in good faith to perform their duties ensuring fair and equitable treatment of all persons dealing with government procurement; to foster public confidence in the integrity of the procurement process; and to ensure the appropriate application of purchasing ethics. When engaging in procurement, any person employed by the City of South 67 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 5 Lake Tahoe, or vendors and third parties doing business with the City of South Lake Tahoe, shall be bound by this code of ethics, including but not limited to the following:

1. Avoid the intent and appearance of unethical behavior or fraudulent practices;

2. Diligently follow the procurement laws, rules, and procedures;

3. Refrain from any activity that would create a conflict between personal interests and the interests of the City;

4. Identify and eliminate any conflicts of interest;

5. Avoid soliciting or accepting money, loans, credits, discounts, favors, gifts, or services from present or potential suppliers which may influence or appear to influence purchasing decisions;

6. Ensure that all persons are afforded equal opportunity to compete in a fair and open environment, and;

7. Encourage any person, including any actual or prospective bidder, offeror, contractor, or business to act in good faith to practice purchasing ethics, and display business integrity as a responsible offeror.

The City of South Lake Tahoe reserves the right to deny approval, purchase, payment or reimbursement of expenses that are considered fraudulent, lavish, extravagant, or are unsupported by required documentation.

1.2 Conflict of Interest
Any officer or employee of the City acting or appearing to act on behalf of someone other than the City; or in carrying out duties has or appears to have a self-interest from which a personal profit or gain is realized or that is actually or potentially adverse to the best interests of the City is displaying a “conflict of interest”.

No officer or employee of the City shall have any interest, financial or otherwise, direct or indirect, or have any arrangement that may reasonably be expected to bias the procurement process or influence the bidding and purchasing of goods, services or public projects. Officials and employees of the City shall avoid any action that might result in, or create the appearance of:
• Using his or her official position for private gain
• Giving preferential treatment to any person or organization • Losing complete independence or impartiality
• Making an official decision outside official channels • Adversely affecting public confidence in the City and the procurement process • Or any other Conflict of Interest, real or perceived

1.21.3 PUBLIC PROJECTS
ALL construction, reconstruction, alteration, renovation, improvement, demolition, painting, repainting and repair work involving ANY publicly owned, leased, or operated facility is considered a Public Project and is subject to the City’s Public Works Code and the Uniform Public Construction Cost Accounting Act.” (CUPCCAA) (City Code SLTCC § 3.45, Article II) Formatted: Font: (Default) Times New Roman, 12 pt, Bold Formatted: List Paragraph, Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25"
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68 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 6 Director of public works authority for Public Projects: Public project contracts of $60,000 or less may be executed by the director of public works or his or her designee by force account, negotiated contract, or purchase order. This limit shall be automatically adjusted from time to time to reflect changes in the limits established by the state of California.

Informal bidding for Public Projects: Monetary Limit. Public contracts of $200,000 or less may be let to contract by informal procedures as set forth in this section. This limit shall be automatically adjusted from time to time to reflect changes in the limits established by the state of California.

1. Contractors List: The city shall maintain a contractors list and contractors shall be selected to perform public projects in accordance with the provisions of Public Contract Code Section 22034.

2. Notice Inviting Informal Bids: Not less than 10 calendar days before bids are due, the city will mail notices inviting informal bids to all contractors on the contractors list and/or all trade journals specified in Public Contract Code Section 22034(b).

Formal Competitive Bidding: Public projects of greater than $200,000 shall be bid in accordance with the procedures set forth in Public Contract Code Section 22037 et seq. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-22) Contact the Public Works Department (ext. 6034) for further direction prior to engaging in any of these activityies. considered to be a Public Project per definition above.

1.31.4 ON-SITE SERVICES
On-Site Service: any repair service, maintenance, professional service, or service of any kind conducted on the property of any city-owned facility or property is subject to the following:

1. Regardless of dollar amount, a Purchase Order (PO), Professional Service Agreement (PSA), or Written Contract must be used for ALL On-Site Services.

2. Cal-Cards are prohibited as a payment for On-Site Services.

1.41.5 SPLITTING PURCHASES
Splitting Purchases Prohibited: Pursuant to SLTCC § 3.45.050, it is unlawful to split or separate any public project into smaller work orders or projects for the purpose of circumventing or evading these requirements.

Bifurcation of Purchases: No acquisition of materials, supplies, equipment or services from a single vendor, provider, or contractor shall be accomplished by the issuance of several purchase orders or contracts for portions thereof.

1.51.6 SOLE SOURCE PURCHASING
Pursuant to SLTCC § 3.45.060; where an acquisition would otherwise be subjected to competitive bidding, the procurement of materials, supplies, equipment or services from a Sole Formatted: Font: Bold, Italic
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69 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 7 Source may be permitted only when submitting an approved Sole Source Justification Form (Exhibit B) and one of the following conditions exists:

1. Proprietary: The item is available only from a single source; the item is held under exclusive title, trademark, or copyright by a private person or company; a proprietary distributorship would also apply.

2. Emergency Purchase: Non-public projects requiring The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation, per SLTCC § 3.45.070. Whereas the procedures set forth in this policy would result in hazardous delays, loss to the City, or damage to life, health, safety of citizens, the City Manager may approve the non-competitive purchase of materials, supplies, equipment, or services. For Public Projects, refer City Code § 3.45.180, and Public Contract Code Section 22050.

3. Sole Source: After solicitation of several sources, competition is determined inadequate or no other items are known to exist which perform the same function.

3. 4. Federal Awards: when purchasing goods or services with Federal Funds where the Federal awarding agency expressly authorizes noncompetitive proposals in response to a written request from the City. (attach authorization to this form)

5. Standardization: The City requires the item(s) to standardize parts, design, quality, etc. (When using Federal Funds, you must have written authorization from the Federal Awarding agency if claiming sole source for Standardization purposes).

1.61.7 ENVIRONMENTALLY PREFERABLE PRODUCTS
Pursuant to SLTCC § 3.45.080; the city desires to purchase environmentally preferable products that minimize environmental impacts, reduce waste by increasing product efficiency, contain recycled content, and contain U.S. Environmental Protection Agency Energy Star-certified materials whenever economically feasible.

1.8 SB 1383 RECOVERED ORGANIC WASTE PRODUCTS
Beginning January 1, 2022, SB 1383 requires cities and counties to procure annually a quantity of recovered organic waste products. These procurement requirements will strengthen California’s green, self-sustaining economy. Recovered organic waste products can benefit local communities and spaces, improve soil and air quality, and support local environmental initiatives, such as the City’s Climate Action Plan.

CalRecycle will assign an annual procurement target to each jurisdiction based on its population.

Jurisdictions can fulfill their target by procuring any combination of the following recovered organic waste products where applicable:
• Compost
• Mulch
• Renewable Energy (Transportation Fuel, Heat, and Electricity) Formatted: Font: (Default) Times New Roman, 12 pt
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Formatted: Font: (Default) Times New Roman, 12 pt, Bold 70 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 8 The City’s Sustainability Coordinator will be responsible for collecting and maintaining the documents needed to support and demonstrate compliance with the SB 1383 regulatory target for recovered organic waste product procurement and the SB 1383 recycled-content paper regulatory requirements.

Pursuant to SB1383 and SLTCC §3.45.080, Departments should use best efforts in procuring and using “recycled organic products” to help the city meet its procurement target by:

1. Coordinating with the Sustainability Coordinator to identify applicable products.

2. Recognize areas in your department that could utilize these products.

3. Provide invoice copies to Sustainability Coordinator for tracking and reporting.

1.97 COOPERATIVE PURCHASING
Where another governmental agency performs a solicitation and/or bid process for the City and/or multiple agencies or jurisdictions, and where the purchase of materials, supplies and equipment is based upon an agreement or cooperative purchasing program pursuant to authority granted by statue or ordinance, pursuant to contractual arrangement between the city and said governmental agency, or pursuant to a determination by the City Manager that the governmental agency conducted a competitive bidding process, the City may purchase materials, supplies, and complying with the bidding requirements of this policy (ex: CMAS, NASPO, GMAS, SOURCEWELL) (SLTCC § 3.45.090).

1.8 BUSINESS LICENSE REQUIREMENT
The City shall not render payment to any vendor, contractor, or professional service provider where such vendor or provider does not possess a valid South Lake Tahoe business and professions tax certificate (SLTCC § 3.45.095). Contact the Revenue Dept. to inquire about a valid business license (ext. 6012 or ext. 6013).

1. It is the Departments responsibility to ensure the vendor, contractor, service provider, consultant, has a required Business License and appropriate requisite insurance (where applicable).

2. The license and insurance requisites must be obtained prior to purchase or work commencing.

1.9 BUDGET APPROPRIATION
Federal, State, and Local Governments are legally required to operate within an approved Municipal Budget. Article 1, Section 9, of the U.S. Constitution states, “No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law”. 71 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 9

1. Government Fund Accounting is required by California Law meaning each stream of revenue and associated expenses must be accounted for and tracked within a specific governmental fund.

2. Appropriated budget MUST be available and verified prior to ANY purchase, contract, or professional service agreement rendered.

3. If budget is not identified, or funding has not been approved and appropriated into the current fiscal year budget, STOP. Do not proceed with the purchase or contract until City Council or the City Manager has appropriated budget in accordance with the following delegation of authority:

Transferring/ Adding Budget Authorization
Transfers between budgeted line items
within the same account number:

Department Head- via email to the
Administrative Services Director
Transfers between account numbers
within the same fund:

City Manager- via email from Dept.

Head. CM will authorize adjustment via
email to Admin. Services Director.

Transfers between funds: (including
transfers from undesignated reserves)
City Council- via staff report and
resolution with explanation for transfer
Adding new Budget (grants, new revenue,
unforeseen expenses etc..)
City Council – via staff report and
resolution with explanation and request to
appropriate funding.

1.10 DISPOSITION OF SURPLUS
Surplus property: Goods, materials, vehicles, equipment etc. retained by a government, but not currently being utilized. These items may be out of date, useless, or no longer working.

Surplus property shall be identified by the department; officially declared to the City Council for approval; eliminated from the fixed asset accountability list and; sold at auction or to any organization or non-employee willing to pay fair market price. Alternatively, the City Council may elect to donate or destroy the same in accordance with whatever provision and/or terms and conditions at City Council discretion.

In the event any single item of property’s original value is less than $10,000$7,000, the Finance Administrative Services Director shall have the authority to sell, or dispose of such surplus supplies or equipment by donation to local schools or nonprofit organizations, or if surplus has no value, by disposal at a refuse company.

Proceeds from sale of surplus property will be allocated to the City’s General fund or Vehicle Replacement fund unless the property was originally purchased under contractual obligations with monies from a specific fund, in which case, the proceeds will be returned to that fund. 72 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 10

2. DISCRETIONARY PURCHASES: $0 - $96,999.00
Items and services less than $107,000 can be purchased directly by a City department without a competitive bid process, this threshold must include tax, shipping, and handling. Purchasers should use best efforts and judgment to provide greatest value to the city.

2.1 SIGNING AUTHORITY
Discretionary Purchases require the approval signature of the Department Supervisor or the designated “Purchaser” for the department. Accounts Payable requires a valid invoice, appropriated account number, printed name, department, and authorized signature to complete a payment. An e-mail approval to pay invoice with account number is acceptable.

2.2 FEDERAL/OTHER REVENUE FUNDS
Purchases utilizing Federal Funds, Grant Funds or other Revenue Sources as the funding source require procurement compliance with this policy as well as the procurement standards set forth in the contract funding the purchase. Specifically, for Federal grant funding, Federal pass-through funding, or any other Federal revenue source, follow General Procurement Standards in the Code of Federal Regulations (CFR); Title 2: Grants and Agreements section §200.318 through §200.326 (Micro purchase threshold §200.67). In determining purchasing bid thresholds while maintaining compliance with multiple policies; utilize the most stringent requirements to ensure meeting all standards and regulations.

2.3 DISCRETIONARY PROCESS
Following are preferred purchasing methods for purchases less than $107,000:

1. Cal-Card procurement card: purchase of non-service goods at this level. (refer to Cal Card Policy for further guidelines)

2. Direct vendor invoice: include account number, “ok to pay”, printed name, department and authorized signature on the invoice or attach Payment Request Form (Exhibit A) to the invoice.

3. Purchase Orders: when required by the Vendor, or for on-site service, refer to instructions in Exhibit L.

3. INFORMAL SOLICITATIONS: $7,000.00$10,000 - $59,999$49,999.00 73 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 11 Purchases and services between $107,000 and $549,999 are subject to informal bidding and proposal processes. In calculating the total amount; include tax, shipping and handling as well as total lease or contract cost over the life of the contract or lease.

3.1 SIGNING AUTHORITY
$107,000 - $29,99919,999: The Department Head may approve contracts and expenditures up to $2919,999.99 and must sign all corresponding invoices, POs, and/or Requests for Payment, or provide authorized email approval to Accounts Payable. . $320,000 - $549,999: Upon approval by Dept. Head, the City Manager must also approve and sign all Contracts, Purchasing Agreements, and/or POs between $320,000 and $549,999, .as well as approve all invoices in this threshold. Authorized e-mail by DH and CM for approval is accepted for invoices.

3.2 EQUIPMENT AND CAPITAL EXPENDITURES
Capital Expenditure: funds used to acquire or upgrade the City’s fixed assets, such as property, plant, equipment, facilities, and infrastructure.

Capital (fixed) Asset: any asset used in operations with an estimated useful life in excess of three years and generally has value over a longer period (ex. computer equipment, machinery, vehicles etc.).

1. When capital assets are acquired or deeded to the City, copies of related documents shall be routed to the Finance Department in a timely manner to ensure these assets are recorded in the City’s financial records.

2. Fixed assets will be subject to inventory control if they meet at least one (1) of the following criteria:
• The original cost of the fixed asset is equal to or greater than $107,000 if classified as equipment, $50,000 if classified as buildings or land, or $200,000 if classified as infrastructure.
• Any asset less than the capitalization threshold as recommended by the Finance Director or requested by a department to be controlled to satisfy an internal or external requirement.
• Any asset required to be controlled and separately reported pursuant to grant conditions or other externally imposed reporting requirement.

Capital Expenditures utilizing Federal Funds: must follow Code of Federal Regulations CFR §200.313 and §200.439. These guidelines can be found at the link below:
https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl.

1. Federal capital expenditures are allowable as direct costs, provided items with a unit cost of $5,000 or more have the prior written approval of the Federal awarding agency or pass-through entity.

2. Notify A/P through e-mail or notation on invoice when purchasing equipment with Federal Funds costing $5,000 or more. A/P will provide an inventory tag to track the item as noted below.
74 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 12

3. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the Federal Award Identification Number), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property.

4. A physical inventory of the property must be taken, and the results reconciled with the property records at least once every two years.

3.3 INFORMAL BID AND PROPOSAL PROCESS
The following processes are to be followed by the Department Head or his/her Designee.

1. Contact at least three individuals, companies and/or entities, documenting in writing each quote received (optional to use Request for Quotes Form (Exhibit C))

2. Optional - to reach a broad spectrum of qualified vendors, Planet Bids may be used to circulate an Request For Proposal (RFP), Request For Qualification (RFQ), or Invitation to Bid (BID).

3. Where three quotes cannot be obtained, complete a Sole Source Request Form approved by the Department Head , City Manager, City Attorney, and Finance Director.

Department Head (Exhibit B). One of the requirements in this form must be met to utilize a Sole Source procurement option.

4. Department selects lowest responsible quote (i.e. Department selects quote which is responsive to the needs of the department and is the lowest in price).

4.5.For Professional Services, the department selects the vendor whose qualifications meet the highest evaluation ranking as the most responsible bidder.

5.6.$107,000 - $219,999: Professional Service Agreement (PSA), Purchase Order (PO), or direct invoice may be used, signed by Dept. Head.

6.7.$320,000 - $549,999: Purchase Agreement (PA), PSA, or PO must be used; reviewed by Finance and City Attorney, signed by City Manager

7.8.Department Head or designee (DH) prepares the contract using the appropriate template (see Exhibits F through I); negotiates and agrees upon terms, scope, and cost with chosen vendor/supplier and:
• submits document along with Contract Routing Form (Exhibit D) to the FinanceAdministrative Services Director for budget review, who then forwards document to the City Attorney’s Office for review and/or approval • City Attorney sends document to City Manager for approval • City Manager sends document to City Clerk to attest (where applicable) and for records retention. City Clerk sends executed copy back to the Department and mails copy to the vendor (where applicable).

8.9.Department sends the following documents to Accounts Payable for payment:
• Signed invoice and/or PO, Request for Payment with Contract/Agreement • Business License #
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75 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 13 • Original Quotes
• Approved Sole source Request Form (if used)
• Proof of Insurance (when required)
• Gov’t. cooperative contract information (if used)

3.4 PURCHASE ORDERS
Purchase Orders must be used when requesting an on-site service of any kind on City property.

This protects the City while outside vendors are doing business on/in City-owned property.

Purchase Orders can be used when:

1. A vendor does not accept Cal-Cards for discretionary purchases

2. A vendor will not invoice the City without a PO

3. For any type of purchase up to $549,999

4. Clearly note the PO# on the approved invoice and send to Accounts Payable

5. Refer to Exhibit L for instructions in creating a PO

3.5 PURCHASE AGREEMENT
Purchase Agreements (PA) can be used as written contracts when purchasing goods, materials, equipment, and/or products. This type of agreement can NOT be used when procuring consultants for professional services or on-site service on City property. Purchase Agreements can be used when:

1. Purchases over $320,000 or when a written contract is necessary for such goods, materials, products, etc.

2. A vendor requires a written contract other than a PO

3. Submit copy of agreement with approved invoice to Accounts Payable for payment

4. Refer to Exhibit I for template (this template is mandatory when issuing a PA)

3.6 PROFESSIONAL SERVICES AGREEMENT
A Professional Service Agreement (PSA) is a legal contract which is drafted to provide service on a professional level to the City. These services are typically unique in nature, highly technical or require specific qualifications. PSA’s can be used when:

1. A professional consultant is necessary to perform a specific set of tasks

2. Should generally be in effect for a specific period, noted in the agreement

3. Should include a “not to exceed” dollar limit

4. Submit a copy of PSA with first approved invoice to Accounts Payable for payment

5. Refer to Exhibit G for template (this template is mandatory when issuing a PSA)

4. FORMAL SOLICITATIONS: $560,000.00 and ABOVE
76 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 14 Purchases and services over $650,000 are subject to formal competitive bidding. Total cost should include tax, shipping and handling; as well as total lease or contract cost over the life of the contract or lease. The process for obtaining goods and services over this dollar limit is set forth below.

4.1 SIGNING AUTHORITY
All purchases of goods and services over $650,000 must have City Council approval and must be signed by the Mayor . or have Mayor’s authorization for City Manager as designee for signature.

4.2 FORMAL BIDDING PROCESS
The following processes are to be followed by the Department Head (DH) or his/her Designee.

This may include any employee who is the designated purchaser of a good or service or is the project manager for a project.

1. Public Projects (i.e. CIP, Public Works) follow Public Contracts and Uniform Public Construction Cost Account Act (CUPCCA) per City Code SLTCC § 3.45, Article II.

2. Verify funding availability. Identify available funding in your current department budget. If there is no funding identified, prepare to request budget transfer or appropriate new funding source through City Council action. (see section 1.9)

3. Depending on the type of service and/or good sought, DH prepares and circulates a Request for Proposals (RFP), or Invitation to Bid (BID) utilizing Planetbid.com or circulated via similar means.

4. Request for Proposals (RFP): used for soliciting professional services, consultants, lease contracts, complex non-public projects.
• RFPs are subject to three proposals but are not subject to competitive sealed bidding procedures
• Must use mandatory RFP template (Exhibit F)
• DH selects Proposal Evaluation Committee and drafts Evaluation Scorecard.

Committee reviews Proposals and scores per criteria detailed in RFP.

5. Request for Qualification (RFQ): used as the pre-qualification stage of the procurement process. Only those proponents who successfully respond to the RFQ and meet the qualification criteria will be included in the subsequent RFP solicitation process. • Used when there is potential for significant interest in a contract opportunity. This can make the process more efficient as the field can be narrowed down prior to the RFP process.
• Can be used to create a pre-qualified list for a future opportunity • Can be used as the sole selection process for straightforward projects/services that require a specialized skill set or where the task is very specific and contract negotiations can proceed with the most qualified vendor.

5.6.Invitations to Bid (BID): used when the City is seeking a specific good, material, equipment, tangible object.
• BIDs are subject to competitive sealed bidding procedures Formatted: Font: Bold
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77 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 15 • Must use mandatory BID template (Exhibit H)
• DH selects BID Evaluation Committee and drafts BID Evaluation Scorecard per details outlined in the BID.
• DH opens bids at the date, time, and location specified in the invitation. The public may attend. Bids shall be open for public inspection at the office of the DH during regular business hours for a period of 30 days after the bid opening. • Clarifications or changes to a BID must be transmitted to all participating bidders by an “Addendum”. A solicitation may be modified prior to BID response due date.

4.3 LOCAL BUSINESS PREFERENCE
The City shall apply a five percent (5%) discount to all Local Businesses which submit bids for materials, supplies, equipment, and services for non-public projects. The City shall evaluate the Local Businesses’ bids as though the bid had been submitted at a cost of 5% lower than the cost submitted (SLTCC § 3.45.020(F)). Local Business shall mean a business which maintains its principal place of business in a fixed office within the City of South Lake Tahoe and possesses a current South Lake Tahoe business license. (SLTCC § 3.45.095)

4.4 BIDDER’S SECURITY
When deemed necessary, bidder’s security may be prescribed in invitations to bid, RFPs, and RFQs. Bidders shall be entitled to return of bid security; provided however, that a successful bidder shall forfeit his or her bid security upon his or her refusal or failure to execute that contract within ten days after receipt of contract (SLTCC § 3.45.020)

4.5 BID AND RFP/RFQ EVALUATIONS
BID or RFP Evaluation committee means the body appointed by the DH to review and evaluate proposals submitted in response to the Request for Proposal or Invitation to Bid. The functions of the Committee are as follows:

1. Determine and apply evaluation criteria per Evaluation Forms and ScoresheetScorecard

2. Evaluate proposals individually and/or discuss as a commitee

3. Rank based on highest score to lowerst and/or develop a shortlist

4. Interview/ obtain clarifications

5. Recommend Award
Evaluation Committee shall be comprised of at least three (3) individuals, including:
• At least one employee from the same department as the Department Head • An employee with knowledge of the subject matter of the service or good, or end user of the service or good
• An employee of the Finance Department
• May also include outside individuals who bring expertise to the process 78 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 16 •- Evaluation Committee should meet prior to evaluation to review RFP or BID criteria to ensure knowledge of the proposal and to vet questions, concerns, or issues. All members of the committee should have clear understanding of the requirements and the Evaluation Forms prior to review of RFP/BID.

Evaluation FormScorecard- Bids and Proposals shall be evaluated based on an Evaluation FormScorecard which sets forth the total possible points for each category reviewed. (see mandatory template Exhibit E)
• Evaluators shall each complete their evaluation formscards in confidence, however evaluators can discuss requirements of the RFP or BID in relation to the Evaluation Forms.
• Evaluators shall give a point score and Comments for each evaluation category. • Evaluators may ask questions or request clarification from the Department but should not disclose scores until all reviews are complete and total points tallied. • The Committee may meet to discuss criteria and results. • The Committee may request vendor interviews, depending on the outcome or type of solicitation.
• The Evaluation Committee provides the Evaluation Forms and Scoresheet to the its results to the Department Head for final determination.

Rejection, Tie Bids, and Rejection of All Bids: A bid or proposal may be rejected by the Evaluation Committee where it is found that the bid or proposal is “non-responsive.” Where Evaluation Committee chooses to reject one or all bids, Committee shall confer with the City Attorney on the rejection.

1. Any of the following conditions may render a Bid “non-responsive” • The bid or proposal does not strictly conform to the required specifications as set forth in the RFP or Invitation to Bid (the City may waive immaterial, minor irregularities in bids).
• The bidder or proposer has demonstrated that they are unable to satisfactorily meet the responsibilities required of the contract.
• The bidder’s or proposer’s products or services have been demonstrated, through documented past performance in the industry or through prior use by the City, to be incapable of satisfactorily meeting the accepted demands required of the product or service.

2. Tie Bid- If two or more bids are for the same total amount or unit price and if the responsibility and final score (from the Evaluation Scorecards) are equal, the Department Head or City Council may award to whichever bidder or proposer it so chooses.

Less Than Three BID Responses: Solicitations advertised on the city’s Planet Bids portal is considered “competitive solicitation”, therefore:

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1. If at least two responsible bidders respond, the evaluation may proceed as noted in section 4.5 above.

2. If the result is only one bid response, and the sole bid is responsive (meets all specifications and requirements), the contract may be awarded subject to the award threshold and Signing Authority of this policy. Documentation of the effort and result of the BID should be noted with the procurement documents.

No Responsive BIDS Received from Responsible Bidders: When competition results in no responsive bids from responsible bidders, the DH has two options:

1. The Solicitation may be cancelled and re-bid, modifying any possible restrictive requirements. Shorter response time can be used if a timeline is a concern.

2. If, in the opinion of the DH, a second solicitation would not result in a different outcome, the DH may cancel the solicitation and proceed with Sole Source documentation, subject to approval by City Council. DH may reach out to perspective bidders using the same specifications as original solicitation. The chosen bidder must be deemed responsible and compliant/responsive to the original specifications.

2. 4.6 CITY COUNCIL STAFF RECOMMENDATIONS
Staff Recommendations for Formal bids and proposals shall be drafted and presented by the Department Head or his/her designee to City Council. Prior to writing the staff report the DH should:

1. Contact losing bidders and informs them that City has selected another bidder (see template Exhibit F)

2. Contacts winning bidder and negotiates terms of contract along with assistance of City Attorney. (see template Exhibit G)

3. Ensures the winning bidder has obtained a City Business License and has the requisite insurance. The License must be obtained before any work commences.

4. Places staff recommendation for award of contract on next available City Council Agenda.

Staff Report and/or Resolution must include the following elements:

1. A description and background of the project/product for which the RFP or Invitation to Bid was circulated.

2. A brief summary of how the bids were circulated and brief description of the bids or proposals received.

3. If using a Cooperative Agreement- provide the name of the Gov’t. Contract, contract number, and attach a copy of the contract.

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numbering
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4. A description of the reasons the winning bidder/proposer was selected.

5. The Financial Implication section should include the complete account number and appropriate budget to fund the product, service, or project.

6. The recommended bidder or proposer’s original submission shall be attached.

7. The Professional Service Agreement or Purchase Agreement with negotiated terms approved by the City Attorney should be attached.

4.7 BID PROTESTS
A non-selected bidder may protest the award of an Invitation to Bid. A non-selected proposer may not protest the award of an Request For Proposal or Request for Qualifications..

Bid Protest Procedures: Per SLTCC § 3.45.020(E), a written Bid Protest must be received by the City Clerk no later than seven (7) calendar days after the City’s selection of the winning bidder or no later than ten calendar days from the date that the City issues notice of designation of a bidder as non-responsible.

Contents of Bid Protest: The Bid Protest shall state all grounds claimed for the protest and include supporting documentation. Failure to clearly state the grounds for the protest and provide supporting documentation shall be deemed a waiver of all protest rights.

Bid Protests Presented to Council: Where award of the contract is to be made by the City Council, the City Clerk shall place a discussion of the Bid Protest on the next regularly scheduled Council Meeting Agenda and the City Council shall determine whether, based on the Protest, to award the contract to the selected bidder, to reject all bids, or to award the contract to the next responsible bidder. Staff Recommendations addressing a Bid Protest shall contain the following elements:

1. A description of the project for which the Invitation to Bid was circulated.

2. A brief summary of the bids received.

3. A description of the reasons the winning bidder was selected.

4. A description of the reasons the bid is being protested.

5. The winning bidder’s original bid shall be attached.

6. The protesting bidder’s original bid shall be attached.

7. All Bid Evaluation Scorecards shall be attached.

8. The Bid Protest shall be attached.

4.8 MAINTAINING DOCUMENTATION
Procurement must be clearly documented throughout each step of the process and documents maintained and filed for audit purposes. The City’s annual audit process includes conducting procurement reviews to determine procedures are correctly implemented.

The following documentation should be maintained by the Department for a period of 3 years from the date of submission of the final expenditure per Resolution No. 2018-102 City Records Formatted: Font: Bold
81 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 19 Management and Retention Policy and Code of Federal Regulations CFR Chapter II 200 §200.33:

1. All communication documentation with vendors, purveyors, suppliers, etc.

2. Documents related to preparation of the procurement documents; dialogue, or negotiation

3. Original RFP or Invitation to Bid

4. All Bids/Proposals received

5. All Evaluation Scorecards, notes, documentation

6. Copies of Staff Recommendation, staff report, resolution

7. Copies of Contract/Agreement

8. Proof of Insurance (if applicable)

9. Labor Compliance Documentation (if applicable)

10. Sole Source forms (if applicable)

11. Cooperative Govt. Contract documents (if applicable) The following documentation should be sent to the Finance Department (Accounts Payable) along with the first payable invoice:

1. Signed invoice and/or Request for Payment, or PO

1.2.Quotation Form noting bid process and outcome

2.3.Budgeted/approved account number

3.4.Copy of Executed Contract/ Agreement

4.5.Copy of approved Council Resolution (if applicable)

5.6.Sole Source Justification Form (if applicable)

6.7.Cooperative Gov’t Contract (if applicable)
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EXHIBIT A

PAYMENT REQUEST
FORM
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PAYMENT REQUEST
V#____________
Date Prepared: __________ Comments/Notes: ________
___________________________
_________________________
Pay To: _______________________________
_______________________________
_______________________________
_______________________________
Due Date: _______________
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ACCOUNT
NUMBER

DESCRIPTION
PO
NUMBER

INVOICE
DATE

INVOICE
NUMBER

TOTAL PER

ACCOUNT

INVOICE

TOTAL PAYMENT: $________________

APPROVED: ____________________________
APPROVED: ____________________________

EXHIBIT B
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SOLE SOURCE

JUSTIFICATION

REQUEST FORM
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SOLE BRAND/SOLE SOURCE REQUEST

JUSTIFICATION/APPROVAL FORM
SOLE SOURCE VENDOR: ______________________________________________________ ADDRESS: ______________________________________PHONE NO.__________________ ITEM TO BE PURCHASED: ________________________ COST: $_____________________

1. Check reasons for sole source request:
_____ Proprietary: The item is available only from a single source; the item is held under exclusive title, trademark, or copyright by a private person or company; a proprietary distributorship would also apply.

______ Emergency Purchase: The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation, per City Code SLTCC § 3.45.070 _____ Sole Source: After solicitation of several sources, competition is determined inadequate or no other items are known to exist which perform the same function. ______ Federal Awards: when purchasing goods or services with Federal Funds where the Federal awarding agency expressly authorizes noncompetitive proposals in response to a written request from the City. (attach authorization to this form) _____ Standardization: The City requires the item(s) to standardize parts, design, quality, etc.

Explain: ________________________________________________________________ Note: when using Federal Funds, you must have written authorization from the Federal Awarding agency if claiming sole source for Standardization purposes.

2. Describe the product or service and how it is unique or one-of-a-kind: _________________ ______________________________________________________________________________

3. Explain why the product/service is available from only one source and what avenues you pursued to confirm that this is factual. _______________________________________________

5. Can your requirements be modified to allow competitive products or services be used? Explain:
_______________________________________________________________________ REQUESTOR NAME/ DEPARTMENT: __________________________________________ DEPARTMENT HEAD SIGNATURE: _____________________ DATE: _______________ FINANACE DEPT. ____________________________________ DATE: _________________ CITY ATTORNEY SIGNATURE: ______________________ DATE:___________________ CITY MANAGER SIGNATURE: _____________________ DATE: ___________________ Formatted: Font: Bold
Formatted: Font: Bold
Formatted: Font: Bold
87 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 25 * Requests over $7,000 require City Manager’s approval. Requests over $650,000 requires City Council’s approval.

EXHIBIT C

REQUEST FOR QUOTES
FORM
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REQUEST FOR QUOTES

QUOTATION INFORMATION
(To be completed by Designated Purchaser for each quote received) □ Description of Request for Quotes (describe goods or services sought, including quantity, model number, color, size, delivery date requirements, freight charges, or any other charges: ______ ______________________________________________________________________________ □ Date Quote Received: _____________________________________________________________ □ Project Manager Name (name of person receiving quote): ________________________________ □ Company Name (name of company/vendor providing quote): ____________________________ □ Quoted By (name of company/vendor representative providing quote): __________________ □ Quote Amount: $____________________________________________________________ □ Promised Delivery Date: ______________________________________________________ □ Eligible for Local Bidder Preference? (Y/N). If Yes, indicate quote amount, taking into consideration the 5% local bidder’s discount): __________________________________________ □ Warranty (describe warranty quoted by vendor): ____________________________________ □ Additional Information (provide additional information including: differentiation between good/service requested by City; good/service quoted by company/vendor; and provide any additional pertinent information relevant to the bid: _____________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 89 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 27

EXHIBIT D
Contract/Agreement
Routing Form
Template
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EXHIBIT E

BID EVALUATION
FORMS/

SCORESHEETSCORECA
RD

TEMPLATE
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EVALUATION FORMS

CITY OF SOUTH LAKE TAHOE REQUEST FOR PROPOSALS/ INVITATION TO BID

INSERT RFP/BID TITLE AND NUMBER HERE
Evaluators must give a numeric score for each of the five categories described below. The numeric score may be as low as zero and may not be no greater than the maximum score set forth in the point range for each category. Evaluators should explain the reasoning for their allocation of points in the “Comments” section of each category. Attach additional sheets if necessary. Use one form for each Vendor/Proposer and each Evaluator.

Vendor / Proposer: ____________________________________________________________________ Evaluator Name: ______________________________________________________________________ I. RESPONSIVENESS OF PROPOSAL/ BID (P/F)
The Pass or Fail shall be based upon the vendor’s compliance with the requirements for proposals/bids as set forth in the RFP/ Invitation to Bid, including quality, clarity, and conformance with instructions therein, and shall take into consideration the quality of the Cover Letter and Introduction.

Pass/Fail___________________
Comments_________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ II. COVER LETTER (0-5 points)
The cover letter shall be addressed to the Director of the Department, and at a minimum, must contain the following:
• Identification of Firm, including name, address and telephone number 93 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 31 • Name, title, address and telephone number of contact person during period of proposal evaluation
• A statement to the effect that the proposal shall remain valid for a period of not less than 120 calendar days from date of submittal
• Signed by person authorized to bind the Firm to the terms of the proposal.

Total Points_____________
Comments_________________________________________________________________________ __________________________________________________________________________________ _________________________________________________________________________________ III. EXECUTIVE SUMMARY (0 – 10 points)
Scoring shall be based upon the vendor’s ability to describe the overall approach and plans to meet the requirements of the RFP. The intent of this narrative is to convince the City that the Proposer understands the requirements of proposal, the nature of the work, and the level of effort necessary to successfully provide the defined services.

Total Points___________________
Comments_________________________________________________________________________ __________________________________________________________________________________ IV. COMPANY HISTORY, BACKGROUND AND EXPERIENCE (0-20 points) Describe the Company’s history and organizational structure, including the size of the company, location of office(s) and years in business. Provide resumes for project team members. Also include the Firm’s background, experience, and capacity to undertake debt collection for the City of South Lake Tahoe in conformity with the requirements of the RFP.

Total Points___________________
Comments_________________________________________________________________________ __________________________________________________________________________________ V. SCOPE OF WORK/IMPLEMENTATION (0 – 35 points)
Describe the Company’s general approach to managing the services provided including an explanation of the collection methodology to be followed and specific plans to manage, control, and supervise the services in order to insure satisfactory provision of services. In developing the work plan, reference should be made to the 94 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 32 specific requirements and specifications noted in the Scope of Services (pages x – xx).

Provide a delivery schedule designed to meet the requirements of the City. An implementation time-line from the Company is required. Provide description of implementation plan considerations, including timeframes and deliverables for various stages of the agreement.

Total Points___________________
Comments_________________________________________________________________________ ______________________________________________________________________________ VI. PROJECT BUDGET (0 – 25 points)
Provide a description of the project cost and/or fees itemized according to the RFP proposal. The total all-inclusive maximum price to be bid is to contain all direct and indirect costs, including all out-of-pocket expenses. The City of South Lake Tahoe will not be responsible for the expenses incurred in preparing and submitting the proposal.

The Company shall present all costs, fees, taxes, and charges based on achievement of deliverables, which should be outlined in the Company’s Cost Proposal.

Total Points ___________________
Comments_________________________________________________________________________ __________________________________________________________________________________ VII. RECENT PROJECTS/REFERENCES (0 – 5 points)
Provide a description of accounts/ agreements of a similar nature including at least three (3) recent client references with names and telephone numbers, contact persons.

Total Points ___________________
Comments_________________________________________________________________________ __________________________________________________________________________________ TOTAL COMBINED POINTS: __________________
(Add total points from Sections I, II, III, IV, and V)
RANKING (from scoresheet): _______________
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EVALUATION SCORE SHEET
.
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EXHIBIT F

STANDARD RFP/RFQ

TEMPLATE
97 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 35

REQUEST FOR

PROPOSALS/QUALIFICATIONS
TITLE

PICTURE
RFP/RFQ # date of award yyyy-mm-dd
98 Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 36

SUMMARY
The City of South Lake Tahoe is requesting proposals( or statement of qualifications (SOQ) for an RFQ) from…brief summary of who/what we are looking for Proposals are due on or before MM/DD/YYYY no later than 12:00 p.m. (Pacific Standard Time) at City offices (City address xxx, South Lake Tahoe, CA 96150). Proposals received after the deadline will not be accepted. Proposals and required copies must be submitted by U.S. mail or personal delivery to the address below. Fax and Electronic-mailed (e-mail) submission will not be accepted.

City of South Lake Tahoe
Attn:

RFP Title
City address
South Lake Tahoe, CA 96150
Read this RFP document carefully as the award will be given to the most “responsible and responsive” Proposer responding to this RFP. The City of South Lake Tahoe reserves the right to accept or reject any or all proposals or to make no award at all, to extend the period for accepting proposals, to advertise the RFP at any time and to waive any minor irregularities in any proposals.

In the opinion of the City of South Lake Tahoe, this RFP is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, please use the Q&A feature that is found within Planet Bids, where the RFP is posted.

Please note that no information given will be binding upon the City unless such information is issued in writing as an official addendum to this RFP.

TIMELINE OF CRITICAL DATES
Release of RFP
Mandatory Pre-Proposal Meeting Write N/A or Delete Row
Deadline for Question Submittal via Planet
Bids
RFP submittals DUE
Selection Committee Review Period/Interviews
Award Date
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SUBMITTAL PROCEDURES

1. Register with the City
All Proposers must complete a “Vendor Information Sheet” to be entered in the City of South Lake Tahoe Vendor Database, which is required to submit a proposal. Proposers will be notified by the City of any addenda that may be issued to this Request for Proposal (RFP). Proposers must register in the City’s Vendor Database to be notified of such addenda To register, go to: https://pbsystem.planetbids.com/portal/14997/portal-home and follow the instructions applicable to Proposer. Following submission, Proposer will receive a confirmation message within 24 hours from the City. Proposers are solely responsible for maintaining up to date and accurate information in the Vendor Database.

2. Number of Copies
The Proposer must submit in a sealed package(s) one (1)” Original”, and five (5) complete copy sets of the “Original” response. Proposals shall not be e-mailed or faxed to the City. Proposals not received by the date and time specified in this RFP, will be rejected. Documents submitted in response to this RFP will become the property of the City of South Lake Tahoe and will be regarded as public record under California Public Records Act under Government Code 6250 et seq., and subject to review or release to the public, excluding financial records marked “confidential” which shall be available for the Proposer to pick up following a review and selection of the firm(s).

3. Format
Font, Type and Style: All proposals shall be single sided and professionally prepared (no handwritten proposals will be accepted). There are no requirements on font size, type or style requirements.

Not Bound: Proposals shall not be bound with anything other than a clip or staple to allow the City to make additional copies as needed. No comb binding or permanent binding is permitted.

4. Submittal Deadline
Response to this RFP is due on or before MM/DD/YYY no later than 12:00 p.m. (Pacific Standard Time) at City offices (address below). Reponses received after the deadline will not be accepted; there are no exceptions. Fax and Electronic-mailed (e-mail) submission will not be accepted. Submit Proposals to:

City of South Lake Tahoe
Attn:

RFP Title
City Address
South Lake Tahoe, CA 96150
100
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 38

5. Selection Process
A Selection Committee consisting of City Staff will evaluate the submitted proposals. Proposer(s) will be objectively evaluated based on their responses to the project scope outlined in this RFP.

The written proposal should clearly demonstrate how the Proposer could best satisfy the requirements of the City. The Selection Committee will utilize the Evaluation Method and Criteria described on page XX of this RFP to rate and rank each proposal.

If more information is needed following a review of the Proposals, the Selection Committee may invite one or more of the Proposers to a Selection Interview. Upon completion of interviews, (if needed) a recommendation by the Selection Committee to the City Manager/City Council will be made at that time and awarded in accordance with the City of South Lake Tahoe Procurement Policies & Procedures.

The City of South Lake Tahoe reserves the right to accept or reject any or all proposals or to make no award at all, to extend the period for accepting proposals, to advertise the RFP at any time and to waive any minor irregularities in any proposal.

6. Professional Services Agreement
The Professional Services Agreement with the selected Proposer will begin within 30 days of award of contract. The selected Proposer will be required to sign the City’s Standard Professional Services Agreement. A sample of this Agreement is attached hereto, and the City reserves the right to amend or edit this Agreement however it sees fit.

7. Reservations
a) The City reserves the right to reject any and all proposals, whether or not minimum qualifications are met, and to modify, postpone, or cancel this Request for Proposal, in whole or in part, or decide to award a contract to perform only some of the services outlined in this Request For Proposal, without liability, obligation, or commitment to any party, firm, or organization.
b) In addition, the City reserves the right to request and obtain additional information from any Proposer and to negotiate the final scope of services with the selected Proposer.

The City is not liable for any costs incurred by Proposers prior to issuance of an agreement, contract or purchase order. Costs of developing the proposals, oral presentations or any other such expenses incurred by the Proposer in responding to the RFP are entirely the responsibility of the Proposer and shall not be reimbursed in any manner by the City of South Lake Tahoe.
c) Only the City Council of South Lake Tahoe, or the City Manager after being duly authorized by the City Council, may execute the Agreement with the successful Proposer. Further, it is understood that respondents must independently evaluate the information in this RFP and that the City makes no guarantee of data accuracy. d) The City reserves the right to waive or permit cure of minor informalities and/or insignificant mistakes such as matters of form rather than substance and to conduct discussions and negotiations with any qualified respondent in any manner deemed necessary by the City to serve its best interests. The City also reserves the right, based 101
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 39 on its sole judgment and discretion, to award a contract based upon the written proposals it receives without conducting discussions, interviews or negotiations. e) If, in the opinion of the City, a proposal contains false or misleading statements or references, it may be rejected without notice to Proposer. f) The City reserves the right to obtain written clarification of any point in a Proposer's proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure of a Proposer to respond to such a request for additional information or clarification may result in rejection of the proposal. g) The City reserves the right, without qualification, to select a Proposer for further discussions based solely on the content of the RFPs and relevant information obtained from others concerning the respondent's respective records of past performance. h) Proposer agrees that any response submitted to this RFP will remain current and valid for a period of not less than 120 calendar days from the proposal due date.

8. Local Business Preference (applies to RFP’s over $50,000 only) a) The City shall apply a five percent discount to all local businesses which submit proposals for services for The City of South Lake Tahoe. The City shall evaluate the local businesses’ proposals as though the proposal had been submitted at a cost of five percent lower than the cost submitted.
b) Local Business shall mean a business which maintains its principle place of business in a fixed office within the City of South Lake Tahoe and possesses a current South Lake Tahoe business license. To establish a principle place of business in South Lake Tahoe, a business must demonstrate the majority of its principals are based in the South Lake Tahoe office, and that it pays South Lake Tahoe payroll taxes on at least 51 percent of its total payroll.

9. Bidder’s Security
a) When deemed necessary, bidder’s security may be prescribed in invitations to bid, RFP’s and RFQ’s. Bidders shall be entitled to return of bid security; provided however, that a successful bidder shall forfeit his or her bid security upon his or her refusal or failure to execute that contract within 10 days after receipt of contract. 102
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INTRODUCTION

8. Background
Background information that would be relevant to what service is being requested

9. Objective
What is the City’s primary objective? What are we trying to accomplish through this RFP?

SCOPE OF SERVICE

10. Scope of Work to be Performed
- List all technical and general specifications of service, etc.…. - Be specific with all details and descriptions.
- Request proposal to be all inclusive of all fees, incl taxes, delivery charges etc... - Request implementation schedule, timeline, delivery date etc.… 103
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PROPOSAL CONTENT REQUIREMENTS

11. Proposal Requirements - All proposals must include the following information and shall be organized as described below. Criteria titles and points should be edited or deleted as needed for each RFP –
A. Cover Letter (0-5 points)
The cover letter shall be addressed to the Director of the Department, and at a minimum, must contain the following:
• Identification of Firm, including name, address and telephone number • Name, title, address and telephone number of contact person during period of proposal evaluation
• A statement to the effect that the proposal shall remain valid for a period of not less than 120 calendar days from date of submittal
• Signed by person authorized to bind the Firm to the terms of the proposal.

B. Executive Summary (10 points)
The intent of this narrative is to convince the City the Proposer understands the requirements of proposal, the nature of the work, and the level of effort necessary to successfully provide the defined services.

C. Company History, Background and Experience (0-20 points) Describe the Company’s history and organizational structure, including the size of the company, location of office(s) and years in business. Provide resumes for project team members. Also include the Firm’s background, experience, and capacity to undertake the project/services for the City of South Lake Tahoe in conformity with the requirements of the RFP.

D. Scope of Work/Implementation (0-35 points)
Describe the Company’s general approach to managing the services provided including an explanation of the methodology to be followed and specific plans to manage, control, and supervise the services in order to insure satisfactory provision of services. In developing the work plan, reference should be made to the specific requirements and specifications noted in the Scope of Services (pages x – xx). Provide a delivery schedule designed to meet the requirements of the City. An implementation time-line from the Company is required. Provide description implementation plan considerations, including timeframes and deliverables for various stages of the agreement.

E. Project Budget (0-25 points)
Provide a description of the project cost and/or fees itemized according to the RFP proposal. The total all-inclusive maximum price to be bid is to contain all direct and indirect costs, including all out-of-pocket expenses. The City of South Lake Tahoe will not be responsible for the expenses incurred in preparing and submitting the proposal. The Company shall present all costs, 104
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 42 fees, taxes, and charges based on achievement of deliverables, which should be outlined in the Company’s Cost Proposal.

F. Description of Recent Projects/References (0-5 points) Provide a description of accounts/ agreements of a similar nature including at least three (3) recent client references with names and telephone numbers, contact persons.

EVALUATION METHOD & CRITERIA
Proposals will first be reviewed for responsiveness to the requirements. If any information is missing from the required content, the proposal may be deemed non-responsive and returned to proposer and any further review is subject to the City’s discretion (see Reservations, page 4).

The Selection Committee will make a recommendation based on the criteria in this Proposal to award the contract/agreement to a selected Proposer. The City may conduct interviews as described on page 4 under Selection Process.

12. Evaluation Criteria
Recommendations for selection will be based on the following weighted criteria of 100 possible points and passing status on all Pass or Fail categories, if any. This information should match the proposal content requirements on page XX
Criteria Points
A. Cover Letter 5
B. Executive Summary 10
C. Company History, Background & Experience 20
D. Scope of Work/Implementation 35
E. Project Budget 25
F. Description of Recent Projects/References 5

105
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SAMPLE

PROFESSIONAL SERVICE AGREEMENT
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EXHIBIT G

STANDARD

PROFESSIONAL

SERVICES AGREEMENT

TEMPLATE
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CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the_________day of ________ 201X by and between the City of South Lake Tahoe, a municipal corporation (“City”) and _____________________ (“Consultant”).

RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement.

B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

C. City desires to retain Consultant to render professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. Consultant shall perform the services set forth in this agreement and shall provide said services at the time, place, and in the manner specified in this agreement. Consultant shall have no power or authority by this Agreement to bind City in any respect.

The Consultant agrees that it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.

All services provided by Consultant pursuant to this Agreement will be provided in accordance with the terms set forth in the Exhibit A, “Scope of Services,” attached hereto and incorporated herein by reference. Exhibit B, “Compensation Schedule,” attached hereto and incorporated herein by reference, outlines the fees and compensation which shall be paid pursuant to this Agreement.

2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for _________ years. 108
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3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation, including travel and out-of-pocket expenses, exceed ___________ without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.

4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, the applicable hourly rate, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform extra work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, extra work without prior written authorization from City.

6. Termination. This Agreement may be terminated by City or Consultant immediately for cause or without cause upon thirty days (30) days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, and City shall be entitled to all work performed to that date.

Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation or expiration.

7. Ownership of Documents.

All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant 109
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Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest. 110
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9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of City.

Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights. All employees, agents, contractors or subcontractors hired or retained by Consultant are employees, agents, contractors or subcontractors of Consultant and not of the City.

City is not required to make any deductions or withholdings form the compensation payable to Consultant under the provisions of this Contract and is not required to issue W-2 Forms for income and employment tax purposes for any of Consultant’s assigned personnel. Any third-party persons employed by Consultant shall be entirely and exclusively under the direction, supervision, and control of Consultant. Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Contract.

10. Interest of Consultant. Consultant, (and principals, associates and professional employees of consultant) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,
b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg. 18700(a) (2)].

11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services 111
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 49 under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

12. Compliance with Laws. Consultant shall comply with all applicable federal, state, regional and local laws, codes, ordinances and regulations in carrying out his/her duties under this Agreement. Consultant shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Agreement. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section.

In the event it is determined that the Consultant is required to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay all penalties and wages as required by law.

13. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of South Lake Tahoe business license at all times services is performed under this Agreement. Consultant acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.

14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.

Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’s negligent acts, errors, omissions, regarding this Agreement, the Consultant’s work under this Agreement, or the consultant’s Scope of Work.
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Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 50 City does not, and shall not, waive any rights against Consultant which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Consultant, of any of the insurance policies hereinafter set forth.

This hold harmless agreement by Consultant shall apply to all damages and claims for damages, or alleged to have been suffered, by reason of any of the aforesaid operation of Consultant or any subcontractor, regardless of whether such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

Consultant further waives any and all rights to any type of express or implied indemnity or right of contribution from the City for any liability, claims, demands, costs, charges and expenses and causes of action of whatsoever arising out of or in any way connected with this Agreement, and consultant’s work under this Agreement.

15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal 113
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the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insureds under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work or operations.
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iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies.

The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.
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16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below.

Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
If to Consultant:

Provide a copy to:

17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

18. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

19. Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure §1094.5, and as provided by law.

20. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.
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21. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any Consultant or person, other than the independent contractors hired in accordance with Consultant’s standard business practice, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any Consultant or person, other than a bona fide employee working solely for Consultant or an independent contractor hired as discussed above, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.

23. Drug-Free Workplace Certification. By signing this Agreement, Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the DrugFree Workplace Act of 1990 (Government Code Section 8350, et seq.) and will provide a drug-free work place by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The person’s or organization’s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
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i. Will receive a copy of the Consultant’s drug-free policy statement; and
ii. Will agree to abide by the terms of the Consultant’s statement as a condition of employment on this Agreement.

Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of the Agreement, or both, and Consultant may be ineligible for award of any future City agreements if City determines that any of the following has occurred: the Consultant (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.

25. Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Consultant assures that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

26. Americans with Disabilities Act. By signing this Agreement, Consultant assures the City that it complies with the American with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101, et.seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA.

27. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

28. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

29. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 118
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30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

31. Time is of the Essence. Time is of the essence for this Agreement.

32. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE: CONSULTANT:

By___________________________ By ________________________________ City Manager Name, Title
Date_________________________ Date______________________________

Business License # __________________
APPROVED AS TO FORM:

By____________________________ Date_____________________________ City Attorney
ATTEST:

By____________________________ Date___________________________ City Clerk
Attachments:

Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
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EXHIBIT A

SCOPE OF SERVICES
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EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
BUDGET
Estimated fees (not to exceed) $________
Hourly Rate: $________/hour
Travel and out-of-pocket expenses $________
(travel is included in the TOTAL (not to exceed amount) TOTAL (not to exceed) $________

TIMELINE
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EXHIBIT C

ANTI-LOBBYING CERTIFICATION
Consultant shall submit to City this certification prior to or at the time of the execution of this Agreement.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty not less than $10,000 and no more than $100,000 for such failure.

The undersigned certifies, to the best of his or her knowledge or belief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instruction.

Consultant:

Name, Title
By:________________________________________ Date_______________________ 122
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EXHIBIT H

STANDARD

INVITATION TO BID

TEMPLATE

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INVITATION TO BID
TITLE
Picture
BID# date of award yyyy-mm-dd Title
*note: Formal Bids must be posted for minimum of 30 days 124
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SUMMARY
The City of South Lake Tahoe is requesting formal competitive bids from qualified professional vendors/firms for (short sentence describing what you are looking for).

Sealed or Electronic Bids are due on or before MM/DD/YYYY no later than 12:00 p.m. (Pacific Standard Time) at City offices (Department Address, South Lake Tahoe, CA 96150). Bids received after the deadline will not be accepted. Electronic Bids must be uploaded by said time and date. Sealed Bids and required copies must be submitted by U.S. mail or personal delivery to the address below. Fax and Electronic-mailed (e-mail) submission will not be accepted. Sealed paper bids must be marked “BID yyyy-mm-dd Title” and mailed to:

City of South Lake Tahoe
Attn: Department Head
Title of Bid
City Address
South Lake Tahoe, CA 96150
Bidders will be notified by the City of any addenda that may be issued to this Formal Invitation to Bid (BID). Bidders must register in the City’s Vendor Database to be notified of such addenda (see page 3 for instructions on how to register).

Read this BID document carefully as the award will be given to the “lowest qualified responsible bidder” responding to this BID. The City reserves the right to reject any or all bids. Bids will be publicly opened and read aloud at the “department address” office immediately after the closing of the bid.

In the opinion of the City of South Lake Tahoe, this BID is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, please use the Q&A feature that is found within Planet Bids, where the BID is posted.

Please note that no information given will be binding upon the City unless such information is issued in writing as an official addendum to this BID.

TIMELINE OF CRITICAL DATES
Release of Formal Competitive Bid xx-xx-xxxx
Mandatory Pre-Bid Meeting *optional
Deadline for questions Submitted via
Planted Bids
xx-xx-xxxx
Questions & Answers Uploaded xx-xx-xxxx
Formal Bid Due/ Bid opening xx-xx-xxxx
City Council Award xx-xx-xxxx
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SUBMITTAL PROCEDURES

1. Register with the City
All Bidders must complete a “Vendor Information Sheet” to be entered in the City of South Lake Tahoe Vendor Database, which is required to submit a bid. Go to this website address:
https://pbsystem.planetbids.com/portal/14997/portal-home and follow the instructions applicable to Bidder. Following submission, Bidders will receive a confirmation message within 24 hours from the City. Bidders are solely responsible for maintaining up to date and accurate information in the Vendor Database.

2. Number of Copies
The Bidder must submit in a sealed package(s) one (1) ”Original”, and five (5) complete copy sets of the “Original” response. Bids shall not be e-mailed or faxed to the City. Bids not received by the date and time specified in this BID, will be rejected. Documents submitted in response to this BID will become the property of the City of South Lake Tahoe and will be regarded as public record under California Public Records Act under Government Code 6250 et seq., and subject to review or release to the public, excluding financial records marked “confidential” which shall be available for the bidder to pick up following a review and selection of the bid.

3. Format
Font, Type and Style: All proposals shall be single sided and professionally prepared (no hand written proposals will be accepted). There are no requirements on font size, type or style requirements.

Not Bound: Proposals shall not be bound with anything other than a clip or staple to allow the City to make additional copies as needed. No comb binding or permanent binding is permitted.

4. Submittal Deadline
Response to this BID is due on or before MM/DD/YYYY no later than 12:00 p.m. (Pacific Standard Time) at City offices (address below). Reponses received after the deadline will not be accepted; there are no exceptions. Fax and Electronic-mailed (e-mail) submission will not be accepted. Submit Sealed Bids to:

City of South Lake Tahoe
Attn: Department Head
“BID yyyy-mm-dd Title”
Department Address
South Lake Tahoe, CA 96150

5. Selection Process
A Selection Committee consisting of City Staff will evaluate the submitted bids. Bids will be objectively evaluated based on their responses to the Scope of Work outlined in this BID. The written bid should clearly demonstrate how the bidder could best satisfy the requirements of the City. The Selection Committee will utilize the Evaluation Method and Criteria described on page 9 of this BID to rate and rank each proposal.
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Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 64 Following a review of the Bids, the Selection Committee may invite one or more of the bidders to a Selection Interview. Upon completion of interviews, the Selection Committee will submit a recommendation to the City Manager. The City of South Lake Tahoe reserves the right to accept or reject any or all proposals or to make no award at all, to extend the period for accepting bids, to advertise the BID at any time and to waive any minor irregularities in any bid.

The City of South Lake Tahoe reserves the right to accept or reject any or all bids or to make no award at all, to extend the period for accepting proposals, to advertise the Invitation to Bid at any time and to waive any minor irregularities in any proposal.

6. Purchase Agreement/ Contract
Upon approval of the Award by City Council; a written Purchase Agreement or Contract will be issued by the City Attorney’s Office. The Agreement is in force through the time period specified in the Scope of Work in the bid. The selected Bidder will be required to sign the City’s Purchase Agreement or Contract. A sample of this Agreement is attached hereto, and the City reserves the right to amend or edit this agreement however it sees fit. No changes may be made in the agreement without written authorization by the City of South Lake Tahoe. Quantities specified in the purchase agreement are not to be exceeded without written authorization from the City of South Lake Tahoe.

7. Reservations
a) The City reserves the right to reject any and all bids, whether or not minimum qualifications are met, and to modify, postpone, or cancel this Invitation to Bid, in whole or in part, or decide to award a contract on the basis of individual items, or groups of items, or on the entire list of items; to reject any or all bids or any part thereof; and to waive any informalities and/or negotiate minor deviations to the bid, with the successful bidder. The City's decision shall be final, without liability, obligation, or commitment to any party, firm, or organization.
b) In addition, the City reserves the right to request and obtain additional information from any Bidder and to negotiate the final scope of services with the selected vendor. The City is not liable for any costs incurred by Bidders prior to issuance of an agreement, contract or purchase order. Costs of developing the bid, oral presentations or any other such expenses incurred by the vendor in responding to the BID are entirely the responsibility of the vendor and shall not be reimbursed in any manner by the City of South Lake Tahoe. c) Only the City Council of South Lake Tahoe, or the City Manager after being duly authorized by the City Council, may execute the Agreement with the successful bidder.

Further, it is understood that respondents must independently evaluate the information in this BID and that the City makes no guarantee of data accuracy. d) The City reserves the right to waive or permit cure of minor informalities and/or insignificant mistakes such as matters of form rather than substance and to conduct discussions and negotiations with any qualified respondent in any manner deemed necessary by the City to serve its best interests. The City also reserves the right, based on 127
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 65 its sole judgment and discretion, to award a contract based upon the written bids it receives without conducting discussions, interviews or negotiations. e) If, in the opinion of the City, a bid contains false or misleading statements or references, it may be rejected without notice to Bidder.
f) The City reserves the right to obtain written clarification of any point in a vendor bid or to obtain additional information necessary to properly evaluate a particular bid. Failure of a Bidder to respond to such a request for additional information or clarification may result in rejection of the bid.
g) The City reserves the right, without qualification, to select a Bidder for further discussions based solely on the content of the BID and relevant information obtained from others concerning the respondent's respective records of past performance. h) Proposer agrees that any response submitted to this BID will remain current and valid for a period of not less than 120 calendar days from the proposal due date.

8. Bid Protests
a) A non-selected bidder may protest award of contract by submitting a written bid protest which shall be received by the city clerk no later than seven calendar days after the city’s selection of the winning bidder or no later than 10 calendar days from the date that the city issues notice of designation of a bidder as non-responsible. b) The bid protest shall state all grounds claimed for the protest and include supporting documentation. Failure to clearly state the grounds for the protest and provide supporting documentation shall be deemed a waiver of all protest rights. c) Where award of the contract is to be made by the city council, the city clerk shall place a discussion of the bid protest on the next regularly scheduled council meeting agenda and the city council shall determine whether, based on the protest, to award the contract to the selected bidder, to reject all bids, or to award the contract to the next lowest responsible bidder.

9. Local Business Preference
a) The city shall apply a five percent discount to all local businesses which submit bids for materials, supplies, equipment and services for nonpublic projects. The city shall evaluate the local businesses’ bids as though the bid had been submitted at a cost of five percent lower than the cost submitted.
b) Local Business shall mean a business which maintains its principle place of business in a fixed office within the city of South Lake Tahoe and possesses a current South Lake Tahoe business license. To establish a principle place of business in South Lake Tahoe, a business must demonstrate the majority of its principals are based in the South Lake Tahoe office, and that it pays South Lake Tahoe payroll taxes on at least 51 percent of its total payroll.

9. Bidder’s Security
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Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 66 a) When deemed necessary, bidders security may be prescribed in invitations to bid, RFP’s and RFQ’s. Bidders shall be entitled to return of bid security; provided however, that a successful bidder shall forfeit his or her bid security upon his or her refusal or failure to execute that contract within 10 days after receipt of contract.

INTRODUCTION

8. Background
Background information that would be relevant to what product is being requested

9. Objective
What is the City’s primary objective? What are we trying to accomplish through this BID?

SCOPE OF WORK

11. Scope of Work to be Performed:

- List all technical and general specifications of item(s), product, service, etc…. - Be specific with all details and descriptions.
- Request bid to include all fees, tax (8%), delivery charges - Request implementation schedule, timeline, delivery date 129
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BID CONTENT REQUIREMENTS

12. Bid Requirements - All bids must include the following information and shall be organized as described below.

F. Cover Letter (0-5 points)
The cover letter shall be addressed to the Department, Department Head, Title, and at a minimum, must contain the following:
• Identification of Vendor, including name, address and telephone number • Name, title, address and telephone number of contact person during period of bid evaluation
• A statement to the effect that the bid shall remain valid for a period of not less than 120 calendar days from date of submittal
• Signed by person authorized to bind the bidder the terms of the proposal.

G. Executive Summary (10 points)
In a brief narrative, describe the overall approach and plans to meet the requirements of the Invitation to Bid. The intent of this narrative is to convince the City that the Bidder understands the objective that the bid is intended to meet, the nature of the work and/or product, and the level of effort necessary to successfully provide the defined product or scope of work.

H. Company History, Background and Experience (0-20 points) Describe the Vendor’s history and organizational structure, including the size of the company, location of office(s) and years in business. Provide resumes project team members (if applicable). Also include the Vendor’s background and public sector experience in conducting description of work/item.

I. Scope of Work/Implementation (0-35 points)
Describe the Vendor’s general approach to managing the project or providing the goods, including specific plans to manage, control, and/or deliver the project in order to insure satisfactory provision of services. Provide a schedule designed to meet the requirements of the City. The City’s target date for completion/delivery is xxxx weeks/days from the date the contract is signed; however, a time-line from the Vendor is required. Provide description of all costs, implementation, including estimated timeframes and deliverables.

J. Project Budget (0-25 points)
Provide a detailed description of the project budget/ product itemized according to Scope of Work.

The Vendor shall present a specific “not to exceed” fixed fee /cost including associated taxes, fees, and charges and be based on achievement of deliverables. Provide itemized budget. 130
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 68 F. Description of Recent Projects/References (0-5 points) Provide a description of projects/products of a similar nature including at least three (3) client references with names and telephone numbers, contact persons. Preference shall be given to vendors who have provided satisfactory service to public entity clients.

EVALUATION METHOD & CRITERIA
Bids will first be reviewed for responsiveness to the requirements. If any information is missing from the required content, the bid may be deemed non-responsive and returned to bidder. Further review is subject to the City’s discretion (see Reservations, page 4).

The Selection Committee will make a recommendation to the City Manager based on the criteria in this bid to award the contract to the lowest qualified responsible bidder. The City Council will make the final determination whether or not to award a contract/agreement. The City may conduct interviews of the top scoring Bidders.

13. Evaluation Criteria
Recommendations for selection of the Concessionaire will be based on the following weighted criteria of 100 possible points and passing status on all Pass or Fail categories. This information should match the BID content requirements on page 7
Criteria Points
A. Cover Letter 5
B. Executive Summary 10
C. Company History, Background & Experience 10
D. Scope of Work/Implementation 35
E. Project Budget 35
F. Description of Recent Projects/References 5

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SAMPLE

STANDARD PURCHASE AGREEMENT
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EXHIBIT I

STANDARD

PURCHASE

AGREEMENT

TEMPLATE
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CITY OF SOUTH LAKE TAHOE

PURCHASE AGREEMENT
This Agreement is made and entered into as of the_________day of ________ 20xx by and between the City of South Lake Tahoe, a municipal corporation (“City”) and _____________________ (“Vendor”).

RECITALS
A. Vendor is specially trained, experienced and competent to perform the special services which will be required by this Agreement.

B. Vendor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

AGREEMENT

1. Scope of Agreement. Vendor shall provide the goods/materials/products set forth in this agreement and described more fully in the Exhibit A, “Description of Goods/Materials/Products,” attached hereto and incorporated herein by reference (hereinafter the “product(s)”). Exhibit A further sets forth the requirements for delivery of the product(s), including requirements for installation, maintenance, servicing, etc.

2. Term/Time of Performance. The goods/materials/services described in Exhibit A shall be delivered to the City on or before ______________.

3. Compensation. Compensation to be paid to Vendor shall be in accordance with Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Vendor’s compensation exceed ___________ without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Vendor shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item set forth in Exhibit A.
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4. Expiration and Termination of Agreement. This Agreement shall expire upon written confirmation from the City that Vendor has delivered product(s) in compliance with the scope set forth in Exhibit A. Such confirmation shall not be unreasonably withheld.

The City may terminate this agreement if Vendor fails to deliver product(s) and comply with the terms of Exhibit A within ten (10) days of the date of delivery set forth in paragraph two (2) herein.

5. Independent Contractor. It is understood that Vendor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of City.

Vendor shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Vendor hereby expressly waives any claim it may have to any such rights. All employees, agents, contractors or subcontractors hired or retained by Vendor are employees, agents, contractors or subcontractors of Vendor and not of the City.

City is not required to make any deductions or withholdings form the compensation payable to Vendor under the provisions of this Contract and is not required to issue W-2 Forms for income and employment tax purposes for any of Vendor’s assigned personnel. Any third-party persons employed by Vendor shall be entirely and exclusively under the direction, supervision, and control of Vendor. Vendor hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Contract.

6. Interest of Vendor. Vendor, (and principals, associates and professional employees of Vendor) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Vendor’s services hereunder.

Vendor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

7. Professional Ability of Vendor. City has relied upon the professional training and ability of Vendor to provide the product(s) hereunder as a material inducement to enter into this Agreement. Vendor shall therefore provide properly skilled professional and technical personnel to perform all tasks related to delivery of the product(s), etc. as set forth in Exhibit A. 135
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8. Compliance with Laws. Vendor shall comply with all applicable federal, state, regional and local laws, codes, ordinances and regulations in carrying out his/her duties under this Agreement. Vendor shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments.

9. Licenses. Vendor represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Vendor to engage in this Agreement. Vendor represents and warrants to City that Vendor shall, at its sole cost and expense, always keep in effect or obtain during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Vendor.

Vendor shall always maintain a City of South Lake Tahoe business license during this Agreement. Vendor acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.

10.Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Consultant assures that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

11. Indemnity. Vendor hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all costs and expenses in connection therein), arising out of this Agreement or caused in any way by Vendor’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City. Vendor agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Vendor’s negligent acts, errors, omissions, regarding this Agreement, the Vendor’s work under this Agreement, or the Vendor’s Scope of Work.

City does not, and shall not, waive any rights against Vendor which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Vendor, of any of the insurance policies hereinafter set forth.

12. Warranty. Vendor will provide warranty language.
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13. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below.

Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150

If to Vendor:

Provide a copy to:

14.Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Vendor. Assignments of any or all rights, duties or obligations of the Vendor under this Agreement will be permitted only with the express consent of City. Vendor shall not subcontract any portion of the Agreement without the written authorization of City. If City consents to such subcontract, Vendor shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

15.Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

16.Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado 137
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 75 Superior Court pursuant to California Code of Civil Procedure §1094.5, and as provided by law.

17.Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.

18.Prohibited Interests. Vendor maintains and warrants that it has not employed nor retained any Vendor or person, other than the independent contractors hired in accordance with Vendor’s standard business practice, to solicit or secure this Agreement. Further, Vendor warrants that it has not paid nor has it agreed to pay any Vendor or person, other than a bona fide employee working solely for Vendor or an independent contractor hired as discussed above, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

19.Amendments. This Agreement may be modified or amended only by a written document executed by both Vendor and City and approved as to form by the City Attorney.

20.Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

21.Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and Vendor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

22.Time is of the Essence. Time is of the essence for this Agreement.

23.Authority to Enter Agreement. Vendor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
138
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CITY OF SOUTH LAKE TAHOE: VENDOR:

By___________________________ By ________________________________ City Manager Name, Title
Date________________________ Date______________________________

Business License # __________________
APPROVED AS TO FORM:

By____________________________ Date__________________
City Attorney
ATTEST:

By____________________________ Date___________________
City Clerk
Attachments:

Exhibit A – Description of Goods/Materials/Products
Exhibit B – Compensation
Exhibit C - Anti-Lobbying Certification
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EXHIBIT A
Description of Goods/Materials/Products
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EXHIBIT B

COMPENSATION
• Provide total itemized costs
• Include all taxes, shipping, handling, fees and discounts 141
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EXHIBIT C

ANTI-LOBBYING CERTIFICATION
Vendor shall submit to City this certification prior to or at the time of the execution of this Agreement.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty not less than $10,000 and no more than $100,000 for such failure.

The undersigned certifies, to the best of his or her knowledge or belief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instruction.

Vendor:

Name, Title
By: ________________________________________ Date________________________ 142
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EXHIBIT J

BID REJECTION
LETTER –

TEMPLATE/EXAMPLE
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USE DEPARTMENT- CITY LETTERHEAD
Date
Address
Re: Award Decision, Department of ________, RFP # _____ for [service requested] Dear
Thank you for submitting a proposal in response to the subject Request for Proposals (RFP).

An evaluation panel, using the weighted criteria outlined in the RFP, has completed its review and scoring of all the proposals we received. The proposal submitted by ______________ received the panel’s highest score. We will be developing a contract for the requested services with that organization. Thank you again for your participation, and for your interest in doing business with the City of South Lake Tahoe.

This award is a final decision subject to the successful negotiation of a mutually acceptable contract. A nonselected bidder may protest the award of a contract by submitting a written bid protest which shall be received by the city clerk no later than seven calendar days after the city’s selection of the winning bidder or no later than 10 calendar days from the date that the city issues notice of designation of a bidder as nonresponsible. Please see City of South Lake Tahoe Code section 3.45.020 for the full bid protest procedure.

Very truly yours,
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EXHIBIT K

BID ACCEPTANCE
LETTER

TEMPLATE/EXAMPLE
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Date
Address
Re: Award Decision, Department of ________, RFP # _____ for [service requested] Dear
Congratulations. The evaluation panel, using the weighted criteria outlined in the subject Request for Proposals (RFP), has completed its review of the proposals received. We are pleased to announce that your proposal received the panel’s highest score.

Enclosed with this letter is an electronic copy of the City’s approved Professional Services Agreement. We respectfully ask you to review the terms and conditions. Any changes should be made with MS Word Track Changes so that our Attorney may review them. We also kindly ask that you provide us a scope of services attachment that includes all services requested in our RFP. When both parties arrive at mutually acceptable terms, we will place the master agreement on the City Council agenda for adoption.

Thank you for your interest in working with the City of South Lake Tahoe. If you have any questions or concerns, please do not hesitate to reach out to me at __________________.

Very truly yours,
Attachment: Professional Services Agreement/ or Purchase Agreement 146
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EXHIBIT L

INSTRUCTIONS TO

CREATE A STANDARD

PURCHASE ORDER
(PO)
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Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 85 Creating a Purchase Order

1. Login to OneSolution

2. Type POUPPR into the top right search tool and click on “Purchase Requests (POUPPR)

3. Click on “Add”

4. Click on Generate

5. Click on PR_SEED

6. Write down the PR Number

7. If you know the vendor ID then type it in the text box that is located in the Vendor tab. If you don’t know the ID then you can search for it by name. If the vendor is not in our system then you will have to request a W9 from the vendor and send it over to Ben so he setup the new vendor in our system. If this new vendor is doing any work on one of our properties then a business license is needed. Have Finance contact this new vendor to setup a business license. 148
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8. Type in the Vendor ID in the text box or look it up. Select the vendor and the correct address then click on OK at the top.

9. Click on the Ship to Tab. If you know the ship to ID then type it in the box or you can search for it. To search click on the Lookup button. All city building starts with a S. Filter by PE ID and type in an “S” and click on “Apply”. Look for the city building that it needs to be shipped to and select the correct person at that address.
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10. Under the “Details” tab type in the following
a. Confirming Person – The person requesting this item/service b. Cust / Order # - Quote or order number if available
c. Bid # - If available
d. Contract # - If available
e. End Use – The department or division requesting this PR f. Buyer – Leave Blank
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11. Go to the “Details” tab and type in the current date

12. Skip “Blanket” Tab

13. Click on “Req. Codes” Tab. Make sure the following codes are selected.

14. Skip “Misc.” Tab

15. Click on the “Notes” Tab. In the dropdown there are three choices a. PR Notes – This is for internal notes only
b. Print Before – This will place the note directly on the PO above the first line item. i. Quote number
ii. Delivery instructions
iii. Etc…
c. Print After – This will place the note directly after the last line item. i. Quote number
ii. Delivery instructions
iii. Etc…
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16. In the “Items” tab. Enter in the Quantity, Account Number, Units, Description, Unit Price. If Tax is NOT required, then scroll to the right and select EX under the “Tax Code” column. After entering the data in each filed press the “Enter” to save the item and two add a second item.

17. Once you are finished adding items. You will have to approve the PR out of your queue. At the top you should have “Pending Approvals” tab; If you don’t, please see below to activate it. Click on that tab and select one of the four choices. When you select one a second window will popup so you can type additional notes for yourself or for the next approver in the queue. 152
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18. If there are multiple approvers you can click on refresh to see who next in line to approve the PR.

Adding Attachments to the PR

1. Click on the “Attachments” tab on the top will allow you add new documents. The “Attachment” tab on the left will show you the current documents attached to the PR.

2. Click on “New Document”. A second window will popup. You will need to add a description and then browse to the location where your attachment is saved. Then click on “Attach.” 153
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3. You will see the document listed on the left side. If the wrong document was attached; just hover you mouse of the attached document and send IT the document ID and request that document to be removed.

Activating the “Pending Approval” tab and “Attachments” Tab

1. Click on the Globe
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2. Click on “Settings”

3. Click on “Preferences” tab and select “Enable for “Show Attachments”. Then click on “Apply Settings”

4. Click on “Screens Specific” tab and select “Enable” for “Pending Approvals” 155
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1. All quotes, sole source form, state contracts, etc.… and the approved PO must be attached to the PR.
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FINANCIAL MANAGEMENT

PROCUREMENT POLICY
These guidelines establish the basic policies and procedures for the procurement of goods and services in accordance with City Ordinance Adopted and Approved by the City Council August 9, 2022. Procedures are drafted by the Finance Dept. in coordination with the City Attorney and City Manager’s office. All City employees responsible for the procurement of goods and services while conducting City business are responsible for knowing and following this policy.

Quick Guide to Purchasing
Dollar
limit
For Materials, Supplies, Equipment & Services Forms
Required
Approval
Authority
$0
$9,999
Discretionary purchases: no competitive bid required. Purchase using Cal Card, or vendor invoice- signed, with account number.

ALL services performed by an outside vendor at a City-owned property require a Purchase Order or PSA.

Signed
invoice or email approval
with acct.
number
PO for service
Supervisor/
Designated
Purchaser
$10,000 –
$29,999
Requires 3 informal quotes, cooperative contract, or Sole Source Justification form. Purchase using approved vendor invoice, or PO with budgeted account number.
*ALL services performed by an outside vendor require a
Purchase Order or Professional Services Agreement.
3-Quotes or
Sole Source
form, Co-op
contract#, PO,
or invoice
w/ acct#
Department
Head
$30,000 –
$59,999
Requires 3 informal quotes, co-op contract, or Sole Source Justification form. Provide budgeted account number and proper signing authority.
*ALL services and purchases of goods at this threshold require a PO and/or written contract approved by Dept. Head & City Manager.

All above +
PO, PSA/ or
Purchase
Agreement
Department
Head and
City Manager
$60,000 + Requires Formal Bid process with City Council approval. All services and purchases of goods require a written contract approved by the City Attorney’s office as well as City Council approval.

All above +
- RFP or BID
-Staff report
City Council
Awardinvoices signed
by DH, CM
NOTE: ALL construction, reconstruction, alteration, renovation, improvement, demolition, painting, re-painting and repair work involving ANY publicly owned, leased, or operated facility is considered a Public Project and is subject to the City’s Public Works Code and the Uniform Public Construction Cost Accounting Act.” (City Code SLTCC § 3.45, Article II). Contact the Public Works Department (ext. 6034) for further direction prior to engaging in any of these activities.
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TABLE OF CONTENTS
This policy is organized into the following Five sections: Page

1. General Standards……………………………………………...……………………. 4

1.1. Code of Ethics………………….……………………………………….………… 4

1.2. Conflict of Interest ………………………………………………………………. 5

1.3. Public Projects (CUPCCAA) …………………………………………………….. 5

1.4. On-Site Services……………………………………………………………….…...6

1.5. Splitting Purchases ……………………………………………………………….. 6

1.6. Sole Source Purchasing ………………………………………………………..…. 6-7

1.7. Environmentally Preferable Products………………………………………………7

1.8. SB 1383 Recovered Organic Waste Products ……………………………………..7

1.9. Cooperative Purchasing…………………………………………………………… 8

1.10. Business License Requirement……………………………………………………8

1.11. Budget Appropriation……………………………………………………………. 8-9

1.12. Disposition of Surplus…………………………………………………………… 9

2. Discretionary Purchases (less than $10,000)…………………………………..….… 9

2.1. Signature Authority………………………………………………………………...9-10

2.2. Purchases utilizing Federal Funds/Other Revenue ……………………………….. 10

2.3. Discretionary Process…………………………………………………..…………..10

3. Informal Solicitations ($10,000 - $59,999).…………………………..………..…… . 10

3.1. Signature Authority……………………………………………………………….. 10

3.2. Equipment and Capital Expenditures …………….…………………….………….11

3.3. Informal Bid and Proposal Process ………………………………………….…….12

3.4. Purchase Orders…………………………..……………………………,,……….…13

3.5. Purchase Agreement………………………..……………..………………..………13

3.6. Professional Service Agreement……………………………………………………13

4. Formal Solicitations ($60,000 and above) …………………………………….…...…13

4.1. Signature Authority.…………………………………………………………..….…14

4.2. Formal Bidding Process…………………………………………………….………14
Public Projects……………………………………………………………….….…..14
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Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 3 Request for Proposals (services or consultants)……………………………………14 Requests for Qualifications (pre-qualification for consultants) …………..……….14 Invitation to Bid (goods, materials, equipment) …………………………………...14-15

4.3. Local Business Preference…………………………………………………………15

4.4. Bidders Security……………………………………………………………………15

4.5. Bid and RFP/RFQ Evaluations ……………………………………………………15-16 Rejections/ Tie Bids …………………………………………………..…………...17
Less than three Bids/ No Bids Received…………………………………..………..17

4.6. City Council Staff Recommendations……………………………………………...17 Staff Report/ Resolution ………………………………………………………….. 17-18

4.7. Bid Protests……………………………………………………………………...….18

4.8. Maintaining Documentation………………………………………………………..19

5. Forms and Boiler Plates
Exhibit A- Payment Request Form…..…………………………………………… 20
Exhibit B - Sole Source Justification ..…………………………………………….22 Exhibit C – Request for Quotes ……………………………………………………24
Exhibit D – Contract/Agreement Routing Form…………………………………...26 Exhibit E – Bid Evaluation Forms and Scoresheet……………………………….. 28-31 Exhibit F – Standard RFP/RFQ required template …………………………….....33-40 Exhibit G – Standard PSA (Professional Services Agreement) ………………….. 43-58 Exhibit H – Standard Invitation to Bid………………………………………..….. 60-67 Exhibit I – Standard Purchasing Agreement (Contract for Goods)…………….… 69-78 Exhibit J – Bid Rejection Letter……………………………………………………80
Exhibit K – Bid Acceptance Letter ………………………………………………..82 Exhibit L – Instructions to create a PO ……………………………………….…...84-93 159
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1. GENERAL STANDARDS:

The City's Purchasing Ordinance (SLTCC § 3.45) and Procurement Policy are in place as guideline to ensure materials and services are purchased in a legal and cost-effective manner.

The purchasing functions are decentralized, with each Department/Division responsible for procuring their own goods, services, and contracts, and maintaining compliance with City policies and procedures. Employees and City Officials are responsible for exercising good judgment in requesting, approving, and procuring goods, services, and contracts on behalf of the City of South Lake Tahoe to provide prudent stewardship of public funds and City resources.

Adoption and Implementation: The City Council is responsible for adopting the City's Purchasing Ordinance and Procurement Policy and approving significant policy revisions. The City Manager, or his/her designee, is responsible for developing administrative procedures to implement this policy. In this role, the City Manager is authorized to make minor administrative changes in the guidelines without significant policy impacts.

Public Records Requirement: All documents related to City procurement are public records and may be subject to disclosure under the California Public Records Act (Government Code §6250- 6270).

1.1 CODE OF ETHICS
Public employees and officials shall act in good faith to perform their duties ensuring fair and equitable treatment of all persons dealing with government procurement; to foster public confidence in the integrity of the procurement process; and to ensure the appropriate application of purchasing ethics. When engaging in procurement, any person employed by the City of South Lake Tahoe, or vendors and third parties doing business with the City of South Lake Tahoe, shall be bound by this code of ethics, including but not limited to the following:

1. Avoid the intent and appearance of unethical behavior or fraudulent practices;

2. Diligently follow the procurement laws, rules, and procedures;

3. Refrain from any activity that would create a conflict between personal interests and the interests of the City;

4. Identify and eliminate any conflicts of interest;

5. Avoid soliciting or accepting money, loans, credits, discounts, favors, gifts, or services from present or potential suppliers which may influence or appear to influence purchasing decisions;

6. Ensure that all persons are afforded equal opportunity to compete in a fair and open environment, and;

7. Encourage any person, including any actual or prospective bidder, offeror, contractor, or business to act in good faith to practice purchasing ethics, and display business integrity as a responsible offeror.
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1.2 Conflict of Interest
Any officer or employee of the City acting or appearing to act on behalf of someone other than the City; or in carrying out duties has or appears to have a self-interest from which a personal profit or gain is realized or that is actually or potentially adverse to the best interests of the City is displaying a “conflict of interest”.

No officer or employee of the City shall have any interest, financial or otherwise, direct, or indirect, or have any arrangement that may reasonably be expected to bias the procurement process or influence the bidding and purchasing of goods, services, or public projects. Officials and employees of the City shall avoid any action that might result in, or create the appearance of:
• Using his or her official position for private gain
• Giving preferential treatment to any person or organization • Losing complete independence or impartiality
• Making an official decision outside official channels • Adversely affecting public confidence in the City and the procurement process • Or any other Conflict of Interest, real or perceived
The City of South Lake Tahoe reserves the right to deny approval, purchase, payment, or reimbursement of expenses that are considered fraudulent, lavish, extravagant, or are unsupported by required documentation.

1.3 PUBLIC PROJECTS
ALL construction, reconstruction, alteration, renovation, improvement, demolition, painting, repainting, and repair work involving ANY publicly owned, leased, or operated facility is considered a Public Project and is subject to the City’s Public Works Code and the Uniform Public Construction Cost Accounting Act.” (CUPCCAA) (City Code SLTCC § 3.45, Article II) Director of public works authority for Public Projects: Public project contracts of $60,000 or less may be executed by the director of public works or his or her designee by force account, negotiated contract, or purchase order. This limit shall be automatically adjusted from time to time to reflect changes in the limits established by the state of California.

Informal bidding for Public Projects: Monetary Limit. Public contracts of $200,000 or less may be let to contract by informal procedures as set forth in this section. This limit shall be automatically adjusted from time to time to reflect changes in the limits established by the state of California.

1. Contractors List: The city shall maintain a contractors list and contractors shall be selected to perform public projects in accordance with the provisions of Public Contract Code Section 22034.

2. Notice Inviting Informal Bids: Not less than 10 calendar days before bids are due, the city will mail notices inviting informal bids to all contractors on the contractors list and/or all trade journals specified in Public Contract Code Section 22034(b). 161
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 6 Formal Competitive Bidding: Public projects of greater than $200,000 shall be bid in accordance with the procedures set forth in Public Contract Code Section 22037 et seq. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-22) Contact the Public Works Department (ext. 6034) for further direction prior to engaging in any activity considered to be a Public Project per definition above.

1.4 ON-SITE SERVICES
On-Site Service: any repair service, maintenance, professional service, or service of any kind conducted on the property of any city-owned facility or property is subject to the following:

1. Regardless of dollar amount, a Purchase Order (PO), Professional Service Agreement (PSA), or Written Contract must be used for ALL On-Site Services.

2. Cal-Cards are prohibited as a payment for On-Site Services.

1.5 SPLITTING PURCHASES
Splitting Purchases Prohibited: Pursuant to SLTCC § 3.45.050, it is unlawful to split or separate any public project into smaller work orders or projects for the purpose of circumventing or evading these requirements.

Bifurcation of Purchases: No acquisition of materials, supplies, equipment or services from a single vendor, provider, or contractor shall be accomplished by the issuance of several purchase orders or contracts for portions thereof.

1.6 SOLE SOURCE PURCHASING
Pursuant to SLTCC § 3.45.060; where an acquisition would otherwise be subject to competitive bidding, the procurement of materials, supplies, equipment, or services from a Sole Source may be permitted only when submitting an approved Sole Source Justification Form (Exhibit B) and one of the following conditions exists:

1. Proprietary: The item is available only from a single source; the item is held under exclusive title, trademark, or copyright by a private person or company; a proprietary distributorship would also apply.

2. Emergency Purchase: Non-public projects requiring public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation, per SLTCC § 3.45.070. Whereas the procedures set forth in this policy would result in hazardous delays, loss to the City, or damage to life, health, safety of citizens, the City Manager may approve the non-competitive purchase of materials, supplies, equipment, or services. For Public Projects, refer City Code § 3.45.180, and Public Contract Code Section 22050.
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3. Sole Source: After solicitation of several sources, competition is determined inadequate or no other items are known to exist which perform the same function.

4. Federal Awards: when purchasing goods or services with Federal Funds where the Federal awarding agency expressly authorizes noncompetitive proposals in response to a written request from the City. (attach authorization to this form)

5. Standardization: The City requires the item(s) to standardize parts, design, quality, etc. (When using Federal Funds, you must have written authorization from the Federal Awarding agency if claiming sole source for Standardization purposes).

1.7 ENVIRONMENTALLY PREFERABLE PRODUCTS
Pursuant to SLTCC § 3.45.080; the city desires to purchase environmentally preferable products that minimize environmental impacts, reduce waste by increasing product efficiency, contain recycled content, and contain U.S. Environmental Protection Agency Energy Star-certified materials whenever economically feasible.

1.8 SB 1383 RECOVERED ORGANIC WASTE PRODUCTS
Beginning January 1, 2022, SB 1383 requires cities and counties to procure annually a quantity of recovered organic waste products. These procurement requirements will strengthen California’s green, self-sustaining economy. Recovered organic waste products can benefit local communities and spaces, improve soil and air quality, and support local environmental initiatives, such as the City’s Climate Action Plan.

CalRecycle will assign an annual procurement target to each jurisdiction based on its population.

Jurisdictions can fulfill their target by procuring any combination of the following recovered organic waste products where applicable:
• Compost
• Mulch
• Renewable Energy (Transportation Fuel, Heat, and Electricity) The City’s Sustainability Coordinator will be responsible for collecting and maintaining the documents needed to support and demonstrate compliance with the SB 1383 regulatory target for recovered organic waste product procurement and the SB 1383 recycled-content paper regulatory requirements.

Pursuant to SB1383 and SLTCC §3.45.080, Departments should use best efforts in procuring and using “recycled organic products” to help the city meet its procurement target by:

1. Coordinating with the Sustainability Coordinator to identify applicable products.

2. Recognize areas in your department that could utilize these products.

3. Provide invoice copies to Sustainability Coordinator for tracking and reporting. 163
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1.9 COOPERATIVE PURCHASING
Where another governmental agency performs a solicitation and/or bid process for the City and/or multiple agencies or jurisdictions, and where the purchase of materials, supplies and equipment is based upon an agreement or cooperative purchasing program pursuant to authority granted by statue or ordinance, pursuant to contractual arrangement between the city and said governmental agency, or pursuant to a determination by the City Manager that the governmental agency conducted a competitive bidding process, the City may purchase materials, supplies, and complying with the bidding requirements of this policy (ex: CMAS, NASPO, GMAS, SOURCEWELL) (SLTCC § 3.45.090).

1.8 BUSINESS LICENSE REQUIREMENT
The City shall not render payment to any vendor, contractor, or professional service provider where such vendor or provider does not possess a valid South Lake Tahoe business and professions tax certificate (SLTCC § 3.45.095). Contact the Revenue Dept. to inquire about a valid business license (ext. 6012 or ext. 6013).

1. It is the Departments responsibility to ensure the vendor, contractor, service provider, consultant, has a required Business License and appropriate requisite insurance (where applicable).

2. The license and insurance requisites must be obtained prior to purchase or work commencing.

1.9 BUDGET APPROPRIATION
Federal, State, and Local Governments are legally required to operate within an approved Municipal Budget. Article 1, Section 9, of the U.S. Constitution states, “No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law”.

1. Government Fund Accounting is required by California Law meaning each stream of revenue and associated expenses must be accounted for and tracked within a specific governmental fund.

2. Appropriated budget MUST be available and verified prior to ANY purchase, contract, or professional service agreement rendered.

3. If budget is not identified, or funding has not been approved and appropriated into the current fiscal year budget, STOP. Do not proceed with the purchase or contract until City Council or the City Manager has appropriated budget in accordance with the following delegation of authority:
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Transfers between budgeted line items
within the same account number:

Department Head- via email to the
Administrative Services Director
Transfers between account numbers
within the same fund:

City Manager- via email from Dept.

Head. CM will authorize adjustment via
email to Admin. Services Director.

Transfers between funds: (including
transfers from undesignated reserves)
City Council- via staff report and
resolution with explanation for transfer
Adding new Budget (grants, new revenue,
unforeseen expenses etc..)
City Council – via staff report and
resolution with explanation and request to
appropriate funding.

1.10 DISPOSITION OF SURPLUS
Surplus property: Goods, materials, vehicles, equipment etc. retained by a government, but not currently being utilized. These items may be out of date, useless, or no longer working.

Surplus property shall be identified by the department; officially declared to the City Council for approval; eliminated from the fixed asset accountability list and; sold at auction or to any organization or non-employee willing to pay fair market price. Alternatively, the City Council may elect to donate or destroy the same in accordance with whatever provision and/or terms and conditions at City Council discretion.

In the event any single item of property’s original value is less than $10,000, the Finance Director shall have the authority to sell, or dispose of such surplus supplies or equipment by donation to local schools or nonprofit organizations, or if surplus has no value, by disposal at a refuse company.

Proceeds from sale of surplus property will be allocated to the City’s General fund or Vehicle Replacement fund unless the property was originally purchased under contractual obligations with monies from a specific fund, in which case, the proceeds will be returned to that fund.

2. DISCRETIONARY PURCHASES: $0 - $9,999.00
Items and services less than $10,000 can be purchased directly by a City department without a competitive bid process, this threshold must include tax, shipping, and handling. Purchasers should use best efforts and judgment to provide greatest value to the city.

2.1 SIGNING AUTHORITY
Discretionary Purchases require the approval signature of the Department Supervisor or the designated “Purchaser” for the department. Accounts Payable requires a valid invoice, 165
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2.2 FEDERAL/OTHER REVENUE FUNDS
Purchases utilizing Federal Funds, Grant Funds or other Revenue Sources as the funding source require procurement compliance with this policy as well as the procurement standards set forth in the contract funding the purchase. Specifically, for Federal grant funding, Federal pass-through funding, or any other Federal revenue source, follow General Procurement Standards in the Code of Federal Regulations (CFR); Title 2: Grants and Agreements section §200.318 through §200.326 (Micro purchase threshold §200.67). In determining purchasing bid thresholds while maintaining compliance with multiple policies; utilize the most stringent requirements to ensure meeting all standards and regulations.

2.3 DISCRETIONARY PROCESS
Following are preferred purchasing methods for purchases less than $10,000:

1. Cal-Card procurement card: purchase of non-service goods at this level. (refer to Cal Card Policy for further guidelines)

2. Direct vendor invoice: include account number, “ok to pay”, printed name, department and authorized signature on the invoice or attach Payment Request Form (Exhibit A) to the invoice.

3. Purchase Orders: when required by the Vendor, or for on-site service, refer to instructions in Exhibit L.

3. INFORMAL SOLICITATIONS: $10,000 - $59,999
Purchases and services between $10,000 and $59,999 are subject to informal bidding and proposal processes. In calculating the total amount; include tax, shipping, and handling as well as total lease or contract cost over the life of the contract or lease.

3.1 SIGNING AUTHORITY
$10,000 - $29,999: The Department Head may approve contracts and expenditures up to $29,999.99 and must sign all corresponding invoices, POs, and/or Requests for Payment, or provide authorized e-mail approval to Accounts Payable. $30,000 - $59,999: Upon approval by Dept. Head, the City Manager must also approve and sign all Contracts, Purchasing Agreements, and/or POs between $30,000 and $59,999, as well as approve all invoices in this threshold. Authorized e-mail by DH and CM for approval is accepted for invoices.
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3.2 EQUIPMENT AND CAPITAL EXPENDITURES
Capital Expenditure: funds used to acquire or upgrade the City’s fixed assets, such as property, plant, equipment, facilities, and infrastructure.

Capital (fixed) Asset: any asset used in operations with an estimated useful life in excess of three years and generally has value over a longer period (ex. computer equipment, machinery, vehicles etc.).

1. When capital assets are acquired or deeded to the City, copies of related documents shall be routed to the Finance Department in a timely manner to ensure these assets are recorded in the City’s financial records.

2. Fixed assets will be subject to inventory control if they meet at least one (1) of the following criteria:
• The original cost of the fixed asset is equal to or greater than $10,000 if classified as equipment, $50,000 if classified as buildings or land, or $200,000 if classified as infrastructure.
• Any asset less than the capitalization threshold as recommended by the Finance Director or requested by a department to be controlled to satisfy an internal or external requirement.
• Any asset required to be controlled and separately reported pursuant to grant conditions or other externally imposed reporting requirement.

Capital Expenditures utilizing Federal Funds: must follow Code of Federal Regulations CFR §200.313 and §200.439. These guidelines can be found at the link below:
https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl.

1. Federal capital expenditures are allowable as direct costs, provided items with a unit cost of $5,000 or more have the prior written approval of the Federal awarding agency or pass-through entity.

2. Notify A/P through e-mail or notation on invoice when purchasing equipment with Federal Funds costing $5,000 or more. A/P will provide an inventory tag to track the item as noted below.

3. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the Federal Award Identification Number), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property.

4. A physical inventory of the property must be taken, and the results reconciled with the property records at least once every two years.
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3.3 INFORMAL BID AND PROPOSAL PROCESS
The following processes are to be followed by the Department Head or his/her Designee.

1. Contact at least three individuals, companies and/or entities, documenting in writing each quote received (optional to use Request for Quotes Form (Exhibit C))

2. Optional - to reach a broad spectrum of qualified vendors, Planet Bids may be used to circulate a Request For Proposal (RFP), Request For Qualification (RFQ), or Invitation to Bid (BID).

3. Where three quotes cannot be obtained, complete a Sole Source Request Form approved by the Department Head , City Manager, City Attorney and Finance Director (Exhibit B).

One of the requirements in this form must be met to utilize a Sole Source procurement option.

4. Department selects lowest responsible quote (i.e., Department selects quote which is responsive to the needs of the department and is the lowest in price).

5. For Professional Services, the department selects the vendor whose qualifications meet the highest evaluation ranking as the most responsible bidder.

6. $10,000 - $29,999: Professional Service Agreement (PSA), Purchase Order (PO), or direct invoice may be used, signed by Dept. Head.

7. $30,000 - $59,999: Purchase Agreement (PA), PSA, or PO must be used; reviewed by Finance and City Attorney, signed by City Manager

8. Department Head or designee (DH) prepares the contract using the appropriate template (see Exhibits F through I); negotiates and agrees upon terms, scope, and cost with chosen vendor/supplier and:
• submits document along with Contract Routing Form (Exhibit D) to the Finance Director for budget review, who then forwards document to the City Attorney’s Office for review and/or approval
• City Attorney sends document to City Manager for approval • City Manager sends document to City Clerk to attest (where applicable) and for records retention. City Clerk sends executed copy back to the Department and mails copy to the vendor (where applicable).

9. Department sends the following documents to Accounts Payable for payment:
• Signed invoice and/or PO, Request for Payment with Contract/Agreement • Business License #
• Original Quotes
• Approved Sole source Request Form (if used)
• Proof of Insurance (when required)
• Gov’t. cooperative contract information (if used)
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3.4 PURCHASE ORDERS
Purchase Orders must be used when requesting an on-site service of any kind on City property.

This protects the City while outside vendors are doing business on/in City-owned property.

Purchase Orders can be used when:

1. A vendor does not accept Cal-Cards for discretionary purchases

2. A vendor will not invoice the City without a PO

3. For any type of purchase up to $59,999

4. Clearly note the PO# on the approved invoice and send to Accounts Payable

5. Refer to Exhibit L for instructions in creating a PO

3.5 PURCHASE AGREEMENT
Purchase Agreements (PA) can be used as written contracts when purchasing goods, materials, equipment, and/or products. This type of agreement can NOT be used when procuring consultants for professional services or on-site service on City property. Purchase Agreements can be used when:

1. Purchases over $30,000 or when a written contract is necessary for such goods, materials, products, etc.

2. A vendor requires a written contract other than a PO

3. Submit copy of agreement with approved invoice to Accounts Payable for payment

4. Refer to Exhibit I for template (this template is mandatory when issuing a PA)

3.6 PROFESSIONAL SERVICES AGREEMENT
A Professional Service Agreement (PSA) is a legal contract which is drafted to provide service on a professional level to the City. These services are typically unique in nature, highly technical or require specific qualifications. PSA’s can be used when:

1. A professional consultant is necessary to perform a specific set of tasks

2. Should generally be in effect for a specific period, noted in the agreement

3. Should include a “not to exceed” dollar limit

4. Submit a copy of PSA with first approved invoice to Accounts Payable for payment

5. Refer to Exhibit G for template (this template is mandatory when issuing a PSA)

4. FORMAL SOLICITATIONS: $60,000.00 and ABOVE
Purchases and services over $60,000 are subject to formal competitive bidding. Total cost should include tax, shipping, and handling; as well as total lease or contract cost over the life of the contract or lease. The process for obtaining goods and services over this dollar limit is set forth below.
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4.1 SIGNING AUTHORITY
All purchases of goods and services over $60,000 must have City Council approval and must be signed by the Mayor or have Mayor’s authorization for City Manager as designee for signature.

4.2 FORMAL BIDDING PROCESS
The following processes are to be followed by the Department Head (DH) or his/her Designee.

This may include any employee who is the designated purchaser of a good or service or is the project manager for a project.

1. Public Projects (i.e., CIP, Public Works) follow Public Contracts and Uniform Public Construction Cost Account Act (CUPCCA) per City Code SLTCC § 3.45, Article II.

2. Verify funding availability. Identify available funding in your current department budget. If there is no funding identified, prepare to request budget transfer or appropriate new funding source through City Council action. (see section 1.9)

3. Depending on the type of service and/or good sought, DH prepares and circulates a Request for Proposals (RFP), or Invitation to Bid (BID) utilizing Planetbid.com or circulated via similar means.

4. Request for Proposals (RFP): used for soliciting professional services, consultants, lease contracts, complex non-public projects.
• RFPs are subject to three proposals but are not subject to competitive sealed bidding procedures
• Must use mandatory RFP template (Exhibit F)
• DH selects Proposal Evaluation Committee and drafts Evaluation Scorecard.

Committee reviews Proposals and scores per criteria detailed in RFP.

5. Request for Qualification (RFQ): used as the pre-qualification stage of the procurement process. Only those proponents who successfully respond to the RFQ and meet the qualification criteria will be included in the subsequent RFP solicitation process. • Used when there is potential for significant interest in a contract opportunity. This can make the process more efficient as the field can be narrowed down prior to the RFP process.
• Can be used to create a pre-qualified list for a future opportunity • Can be used as the sole selection process for straightforward projects/services that require a specialized skill set or where the task is very specific and contract negotiations can proceed with the most qualified vendor.

6. Invitations to Bid (BID): used when the City is seeking a specific good, material, equipment, tangible object.
• BIDs are subject to competitive sealed bidding procedures • Must use mandatory BID template (Exhibit H)
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• DH opens bids at the date, time, and location specified in the invitation. The public may attend. Bids shall be open for public inspection at the office of the DH during regular business hours for a period of 30 days after the bid opening. • Clarifications or changes to a BID must be transmitted to all participating bidders by an “Addendum”. A solicitation may be modified prior to BID response due date.

4.3 LOCAL BUSINESS PREFERENCE
The City shall apply a five percent (5%) discount to all Local Businesses which submit bids for materials, supplies, equipment, and services for non-public projects. The City shall evaluate the Local Businesses’ bids as though the bid had been submitted at a cost of 5% lower than the cost submitted (SLTCC § 3.45.020(F)). Local Business shall mean a business which maintains its principal place of business in a fixed office within the City of South Lake Tahoe and possesses a current South Lake Tahoe business license. (SLTCC § 3.45.095)

4.4 BIDDER’S SECURITY
When deemed necessary, bidder’s security may be prescribed in invitations to bid, RFPs, and RFQs. Bidders shall be entitled to return of bid security; provided however, that a successful bidder shall forfeit his or her bid security upon his or her refusal or failure to execute that contract within ten days after receipt of contract (SLTCC § 3.45.020).

4.5 BID AND RFP/RFQ EVALUATIONS
BID or RFP Evaluation committee means the body appointed by the DH to review and evaluate proposals submitted in response to the Request for Proposal or Invitation to Bid. The functions of the Committee are as follows:

1. Determine and apply evaluation criteria per Evaluation Forms and Scoresheet

2. Evaluate proposals individually and/or discuss as a committee

3. Rank based on highest score to lowest and/or develop a shortlist

4. Interview/ obtain clarifications

5. Recommend Award
Evaluation Committee shall be comprised of at least three (3) individuals, including:
• At least one employee from the same department as the Department Head • An employee with knowledge of the subject matter of the service or good, or end user of the service or good
• An employee of the Finance Department
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Evaluation Form- Bids and Proposals shall be evaluated based on an Evaluation Form which sets forth the total possible points for each category reviewed (see mandatory template Exhibit E) • Evaluators shall each complete their evaluation forms in confidence, however evaluators can discuss requirements of the RFP or BID in relation to the Evaluation Forms.
• Evaluators shall give a point score and Comments for each evaluation category. • Evaluators may ask questions or request clarification from the Department but should not disclose scores until all reviews are complete and total points tallied. • The Committee may meet to discuss criteria and results. • The Committee may request vendor interviews, depending on the outcome or type of solicitation.
• The Evaluation Committee provides the Evaluation Forms and Scoresheet to the Department Head for final determination.

Rejection, Tie Bids, and Rejection of All Bids: A bid or proposal may be rejected by the Evaluation Committee where it is found that the bid or proposal is “non-responsive.” Where Evaluation Committee chooses to reject one or all bids, Committee shall confer with the City Attorney on the rejection.

1. Any of the following conditions may render a Bid “non-responsive” • The bid or proposal does not strictly conform to the required specifications as set forth in the RFP or Invitation to Bid (the City may waive immaterial, minor irregularities in bids).
• The bidder or proposer has demonstrated that they are unable to satisfactorily meet the responsibilities required of the contract.
• The bidder’s or proposer’s products or services have been demonstrated, through documented past performance in the industry or through prior use by the City, to be incapable of satisfactorily meeting the accepted demands required of the product or service.

2. Tie Bid- If two or more bids are for the same total amount or unit price and if the responsibility and final score (from the Evaluation Scorecards) are equal, the Department Head or City Council may award to whichever bidder or proposer it so chooses.
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1. If at least two responsible bidders respond, the evaluation may proceed as noted in Evaluation section above.

2. If the result is only one bid response, and the sole bid is responsive (meets all specifications and requirements), the contract may be awarded subject to the award threshold and Signing Authority of this policy. Documentation of the effort and result of the BID should be noted with the procurement documents.

No Responsive BIDS Received from Responsible Bidders: When competition results in no responsive bids from responsible bidders, the DH has two options:

1. The Solicitation may be cancelled and re-bid, modifying any possible restrictive requirements. Shorter response time can be used if a timeline is a concern.

2. If, in the opinion of the DH, a second solicitation would not result in a different outcome, the DH may cancel the solicitation and proceed with Sole Source documentation, subject to approval by City Council. DH may reach out to bidders using the same specifications as original solicitation. The chosen bidder must be deemed responsible and compliant/responsive to the original specifications.

4.6 CITY COUNCIL STAFF RECOMMENDATIONS
Staff Recommendations for Formal bids and proposals shall be drafted and presented by the Department Head or his/her designee to City Council. Prior to writing the staff report the DH should:

1. Contact losing bidders and informs them that City has selected another bidder (see template Exhibit F)

2. Contacts winning bidder and negotiates terms of contract along with assistance of City Attorney. (see template Exhibit G)

3. Ensures the winning bidder has obtained a City Business License and has the requisite insurance. The License must be obtained before any work commences.

4. Places staff recommendation for award of contract on next available City Council Agenda.

Staff Report and/or Resolution must include the following elements:

1. A description and background of the project/product for which the RFP or Invitation to Bid was circulated.

2. A brief summary of how the bids were circulated and brief description of the bids or proposals received.
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3. If using a Cooperative Agreement- provide the name of the Gov’t. Contract, contract number, and attach a copy of the contract.

4. A description of the reasons the winning bidder/proposer was selected.

5. The Financial Implication section should include the complete account number and appropriate budget to fund the product, service, or project.

6. The recommended bidder or proposer’s original submission shall be attached.

7. The Professional Service Agreement or Purchase Agreement with negotiated terms approved by the City Attorney should be attached.

4.7 BID PROTESTS
A non-selected bidder may protest the award of an Invitation to Bid. A non-selected proposer may not protest the award of a Request For Proposal or Request for Qualifications.

Bid Protest Procedures: Per SLTCC § 3.45.020(E), a written Bid Protest must be received by the City Clerk no later than seven (7) calendar days after the City’s selection of the winning bidder or no later than ten calendar days from the date that the City issues notice of designation of a bidder as non-responsible.

Contents of Bid Protest: The Bid Protest shall state all grounds claimed for the protest and include supporting documentation. Failure to clearly state the grounds for the protest and provide supporting documentation shall be deemed a waiver of all protest rights.

Bid Protests Presented to Council: Where award of the contract is to be made by the City Council, the City Clerk shall place a discussion of the Bid Protest on the next regularly scheduled Council Meeting Agenda and the City Council shall determine whether, based on the Protest, to award the contract to the selected bidder, to reject all bids, or to award the contract to the next responsible bidder. Staff Recommendations addressing a Bid Protest shall contain the following elements:

1. A description of the project for which the Invitation to Bid was circulated.

2. A brief summary of the bids received.

3. A description of the reasons the winning bidder was selected.

4. A description of the reasons the bid is being protested.

5. The winning bidder’s original bid shall be attached.

6. The protesting bidder’s original bid shall be attached.

7. All Bid Evaluation Scorecards shall be attached.

8. The Bid Protest shall be attached.
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4.8 MAINTAINING DOCUMENTATION
Procurement must be clearly documented throughout each step of the process and documents maintained and filed for audit purposes. The City’s annual audit process includes conducting procurement reviews to determine procedures are correctly implemented.

The following documentation should be maintained by the Department for a period of 3 years from the date of submission of the final expenditure per Resolution No. 2018-102 City Records Management and Retention Policy and Code of Federal Regulations CFR Chapter II 200 §200.33:

1. All communication documentation with vendors, purveyors, suppliers, etc.

2. Documents related to preparation of the procurement documents; dialogue, or negotiation

3. Original RFP or Invitation to Bid

4. All Bids/Proposals received

5. All Evaluation Scorecards, notes, documentation

6. Copies of Staff Recommendation, staff report, resolution

7. Copies of Contract/Agreement

8. Proof of Insurance (if applicable)

9. Labor Compliance Documentation (if applicable)

10. Sole Source forms (if applicable)

11. Cooperative Govt. Contract documents (if applicable) The following documentation should be sent to the Finance Department (Accounts Payable) along with the first payable invoice:

1. Signed invoice and/or Request for Payment, or PO

2. Quotation Form noting bid process and outcome

3. Budgeted/approved account number

4. Copy of Executed Contract/ Agreement

5. Copy of approved Council Resolution (if applicable)

6. Sole Source Justification Form (if applicable)

7. Cooperative Gov’t Contract (if applicable)
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EXHIBIT A

PAYMENT REQUEST
FORM
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PAYMENT REQUEST
Vendor#______________
Date Prepared: ____________ Comments/Notes: ________
___________________________
Pay To: _______________________________
_______________________________
_______________________________
_______________________________
Due Date: _______________

ACCOUNT
NUMBER

DESCRIPTION
PO
NUMBER

INVOICE
DATE

INVOICE
NUMBER

TOTAL PER

ACCOUNT

INVOICE
TOTAL PAYMENT: $________________

APPROVED: ____________________________
APPROVED: ____________________________ Budget Available: ________ APPROVED: ____________________________ Reimbursable: ____________ Project/ Funding Source: _____________________________
Project/ Funding Source: _____________________________
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EXHIBIT B

SOLE SOURCE

JUSTIFICATION

REQUEST FORM
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SOLE SOURCE JUSTIFICATION REQUEST
SOLE SOURCE VENDOR: ______________________________________________________ ADDRESS: ______________________________________PHONE NO.__________________ ITEM TO BE PURCHASED: ________________________ COST: $_____________________

1. Check reasons for sole source request:
_____ Proprietary: The item is available only from a single source; the item is held under exclusive title, trademark, or copyright by a private person or company; a proprietary distributorship would also apply.
______ Emergency Purchase: The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation, per City Code SLTCC § 3.45.070 _____ Sole Source: After solicitation of several sources, competition is determined inadequate or no other items are known to exist which perform the same function. ______ Federal Awards: when purchasing goods or services with Federal Funds where the Federal awarding agency expressly authorizes noncompetitive proposals in response to a written request from the City. (attach authorization to this form) _____ Standardization: The City requires the item(s) to standardize parts, design, quality, etc.

Explain: ________________________________________________________________ Note: when using Federal Funds, you must have written authorization from the Federal Awarding agency if claiming sole source for Standardization purposes.

2. Describe the product or service and how it is unique or one-of-a-kind: _________________ ______________________________________________________________________________

3. Explain why the product/service is available from only one source and what avenues you pursued to confirm that this is factual. _______________________________________________

5. Can your requirements be modified to allow competitive products or services be used? Explain:______________________________________________________________________ REQUESTOR NAME/ DEPARTMENT: __________________________________________ DEPARTMENT HEAD SIGNATURE: ____________________ DATE: _______________ FINANACE DEPT. _____________________________________ DATE: ________________ CITY ATTORNEY SIGNATURE: ________________________ DATE:________________ CITY MANAGER SIGNATURE: _________________________ DATE: _______________ * Requests over $60,000 requires City Council’s approval 179
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EXHIBIT C

REQUEST FOR QUOTES
FORM
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REQUEST FOR QUOTES

QUOTATION INFORMATION
(To be completed by Designated Purchaser for each quote received) □ Description of Request for Quotes (describe goods or services sought, including quantity, model number, color, size, delivery date requirements, freight charges, or any other charges: ______ ______________________________________________________________________________ □ Date Quote Received: _____________________________________________________________ □ Project Manager Name (name of person receiving quote): ________________________________ □ Company Name (name of company/vendor providing quote): ____________________________ □ Quoted By (name of company/vendor representative providing quote): __________________ □ Quote Amount: $____________________________________________________________ □ Promised Delivery Date: ______________________________________________________ □ Eligible for Local Bidder Preference? (Y/N). If Yes, indicate quote amount, taking into consideration the 5% local bidder’s discount): __________________________________________ □ Warranty (describe warranty quoted by vendor): ____________________________________ □ Additional Information (provide additional information including differentiation between good/service requested by City; good/service quoted by company/vendor; and provide any additional pertinent information relevant to the bid: _____________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 181
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EXHIBIT D
Contract/Agreement
Routing Form
Template
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EXHIBIT E

BID EVALUATION

FORMS/ SCORESHEET

TEMPLATE
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EVALUATION FORMS

CITY OF SOUTH LAKE TAHOE REQUEST FOR PROPOSALS/ INVITATION TO BID

INSERT RFP/BID TITLE AND NUMBER HERE
Evaluators must give a numeric score for each of the five categories described below. The numeric score may be as low as zero and may not be greater than the maximum score set forth in the point range for each category. Evaluators should explain the reasoning for their allocation of points in the “Comments” section of each category. Attach additional sheets if necessary. Use one form for each Vendor/Proposer and each Evaluator.

Vendor / Proposer: ____________________________________________________________________ Evaluator Name: ______________________________________________________________________ I. RESPONSIVENESS OF PROPOSAL/ BID (P/F)
The Pass or Fail shall be based upon the vendor’s compliance with the requirements for proposals/bids as set forth in the RFP/ Invitation to Bid, including quality, clarity, and conformance with instructions therein, and shall take into consideration the quality of the Cover Letter and Introduction.

Pass/Fail___________________
Comments_________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ II. COVER LETTER (0-5 points)
The cover letter shall be addressed to the Director of the Department, and at a minimum, must contain the following:
• Identification of Firm, including name, address, and telephone number • Name, title, address, and telephone number of contact person during period of proposal evaluation
• A statement to the effect that the proposal shall remain valid for a period of not less than 120 calendar days from date of submittal
• Signed by person authorized to bind the Firm to the terms of the proposal. 185
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Comments_________________________________________________________________________ __________________________________________________________________________________ _________________________________________________________________________________ III. EXECUTIVE SUMMARY (0 – 10 points)
Scoring shall be based upon the vendor’s ability to describe the overall approach and plans to meet the requirements of the RFP. The intent of this narrative is to convince the City that the Proposer understands the requirements of proposal, the nature of the work, and the level of effort necessary to successfully provide the defined services.

Total Points___________________
Comments_________________________________________________________________________ __________________________________________________________________________________ IV. COMPANY HISTORY, BACKGROUND AND EXPERIENCE (0-20 points) Describe the Company’s history and organizational structure, including the size of the company, location of office(s) and years in business. Provide resumes for project team members. Also include the Firm’s background, experience, and capacity to undertake debt collection for the City of South Lake Tahoe in conformity with the requirements of the RFP.

Total Points___________________
Comments_________________________________________________________________________ __________________________________________________________________________________ V. SCOPE OF WORK/IMPLEMENTATION (0 – 35 points)
Describe the Company’s general approach to managing the services provided including an explanation of the collection methodology to be followed and specific plans to manage, control, and supervise the services in order to insure satisfactory provision of services. In developing the work plan, reference should be made to the specific requirements and specifications noted in the Scope of Services (pages x – xx).

Provide a delivery schedule designed to meet the requirements of the City. An implementation timeline from the Company is required. Provide description of 186
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Total Points___________________
Comments_________________________________________________________________________ ______________________________________________________________________________ VI. PROJECT BUDGET (0 – 25 points)
Provide a description of the project cost and/or fees itemized according to the RFP proposal. The total all-inclusive maximum price to be bid is to contain all direct and indirect costs, including all out-of-pocket expenses. The City of South Lake Tahoe will not be responsible for the expenses incurred in preparing and submitting the proposal.

The Company shall present all costs, fees, taxes, and charges based on achievement of deliverables, which should be outlined in the Company’s Cost Proposal.

Total Points ___________________
Comments_________________________________________________________________________ __________________________________________________________________________________ VII. RECENT PROJECTS/REFERENCES (0 – 5 points)
Provide a description of accounts/ agreements of a similar nature including at least three (3) recent client references with names and telephone numbers, contact persons.

Total Points ___________________
Comments_________________________________________________________________________ __________________________________________________________________________________ TOTAL COMBINED POINTS: __________________
(Add total points from Sections I, II, III, IV, and V)
RANKING (from scoresheet): _______________
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EVALUATION SCORE SHEET
.
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EXHIBIT F

STANDARD RFP/RFQ

TEMPLATE
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REQUEST FOR

PROPOSALS/QUALIFICATIONS
TITLE

PICTURE
RFP/RFQ # date of award yyyy-mm-dd
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SUMMARY
The City of South Lake Tahoe is requesting proposals( or statement of qualifications (SOQ) for an RFQ) from…brief summary of who/what we are looking for Proposals are due on or before MM/DD/YYYY no later than 12:00 p.m. (Pacific Standard Time) at City offices (City address xxx, South Lake Tahoe, CA 96150). Proposals received after the deadline will not be accepted. Proposals and required copies must be submitted by U.S. mail or personal delivery to the address below, Electronic-mailed (e-mail), and/or on-line portal planet bids. xxxxxx submission will not be accepted. (Choose preferred method) City of South Lake Tahoe
Attn:

RFP Title
City address
South Lake Tahoe, CA 96150
Read this RFP document carefully as the award will be given to the most “responsible and responsive” Proposer responding to this RFP. The City of South Lake Tahoe reserves the right to accept or reject any or all proposals or to make no award at all, to extend the period for accepting proposals, to advertise the RFP at any time and to waive any minor irregularities in any proposals.

In the opinion of the City of South Lake Tahoe, this RFP is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, please use the Q&A feature that is found within Planet Bids, where the RFP is posted.

Please note that no information given will be binding upon the City unless such information is issued in writing as an official addendum to this RFP.

TIMELINE OF CRITICAL DATES
Release of RFP
Mandatory Pre-Proposal Meeting Write N/A or Delete Row
Deadline for Question Submittal via Planet
Bids
RFP submittals DUE
Selection Committee Review Period/Interviews
Award Date
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SUBMITTAL PROCEDURES

1. Register with the City
All Proposers must complete a “Vendor Information Sheet” to be entered in the City of South Lake Tahoe Vendor Database, which is required to submit a proposal. Proposers will be notified by the City of any addenda that may be issued to this Request for Proposal (RFP). Proposers must register in the City’s Vendor Database to be notified of such addenda To register, go to: https://pbsystem.planetbids.com/portal/14997/portal-home and follow the instructions applicable to Proposer. Following submission, Proposer will receive a confirmation message within 24 hours from the City. Proposers are solely responsible for maintaining up to date and accurate information in the Vendor Database.

2. Number of Copies
The Proposer must submit in a sealed package(s) one (1)” Original”, and five (5) complete copy sets of the “Original” response. Proposals shall not be e-mailed or faxed to the City. Proposals not received by the date and time specified in this RFP, will be rejected. Documents submitted in response to this RFP will become the property of the City of South Lake Tahoe and will be regarded as public record under California Public Records Act under Government Code 6250 et seq., and subject to review or release to the public, excluding financial records marked “confidential” which shall be available for the Proposer to pick up following a review and selection of the firm(s).

3. Format
Font, Type and Style: All proposals shall be single sided and professionally prepared (no handwritten proposals will be accepted). There are no requirements on font size, type, or style requirements.

Not Bound: Proposals shall not be bound with anything other than a clip or staple to allow the City to make additional copies as needed. No comb binding or permanent binding is permitted.

4. Submittal Deadline
Response to this RFP is due on or before MM/DD/YYY no later than 12:00 p.m. (Pacific Standard Time) at City offices (address below). Reponses received after the deadline will not be accepted; there are no exceptions. xxxxxx submission will not be accepted. Submit Proposals to:

City of South Lake Tahoe
Attn:

RFP Title
City Address
South Lake Tahoe, CA 96150
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5. Selection Process
A Selection Committee consisting of City Staff will evaluate the submitted proposals. Proposer(s) will be objectively evaluated based on their responses to the project scope outlined in this RFP.

The written proposal should clearly demonstrate how the Proposer could best satisfy the requirements of the City. The Selection Committee will utilize the Evaluation Method and Criteria described on page XX of this RFP to rate and rank each proposal.

If more information is needed following a review of the Proposals, the Selection Committee may invite one or more of the Proposers to a Selection Interview. Upon completion of interviews, (if needed) a recommendation by the Selection Committee to the City Manager/City Council will be made at that time and awarded in accordance with the City of South Lake Tahoe Procurement Policies & Procedures.

The City of South Lake Tahoe reserves the right to accept or reject any or all proposals or to make no award at all, to extend the period for accepting proposals, to advertise the RFP at any time and to waive any minor irregularities in any proposal.

6. Professional Services Agreement
The Professional Services Agreement with the selected Proposer will begin within 30 days of award of contract. The selected Proposer will be required to sign the City’s Standard Professional Services Agreement. A sample of this Agreement is attached hereto, and the City reserves the right to amend or edit this Agreement however it sees fit.

7. Reservations
a) The City reserves the right to reject any and all proposals, whether or not minimum qualifications are met, and to modify, postpone, or cancel this Request for Proposal, in whole or in part, or decide to award a contract to perform only some of the services outlined in this Request For Proposal, without liability, obligation, or commitment to any party, firm, or organization.
b) In addition, the City reserves the right to request and obtain additional information from any Proposer and to negotiate the final scope of services with the selected Proposer.

The City is not liable for any costs incurred by Proposers prior to issuance of an agreement, contract, or purchase order. Costs of developing the proposals, oral presentations or any other such expenses incurred by the Proposer in responding to the RFP are entirely the responsibility of the Proposer and shall not be reimbursed in any manner by the City of South Lake Tahoe.
c) Only the City Council of South Lake Tahoe, or the City Manager after being duly authorized by the City Council, may execute the Agreement with the successful Proposer. Further, it is understood that respondents must independently evaluate the information in this RFP and that the City makes no guarantee of data accuracy. 193
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 38 d) The City reserves the right to waive or permit cure of minor informalities and/or insignificant mistakes such as matters of form rather than substance and to conduct discussions and negotiations with any qualified respondent in any manner deemed necessary by the City to serve its best interests. The City also reserves the right, based on its sole judgment and discretion, to award a contract based upon the written proposals it receives without conducting discussions, interviews, or negotiations. e) If, in the opinion of the City, a proposal contains false or misleading statements or references, it may be rejected without notice to Proposer. f) The City reserves the right to obtain written clarification of any point in a Proposer's proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure of a Proposer to respond to such a request for additional information or clarification may result in rejection of the proposal. g) The City reserves the right, without qualification, to select a Proposer for further discussions based solely on the content of the RFPs and relevant information obtained from others concerning the respondent's respective records of past performance. h) Proposer agrees that any response submitted to this RFP will remain current and valid for a period of not less than 120 calendar days from the proposal due date.

8. Local Business Preference (applies to RFP’s over $50,000 only) a) The City shall apply a five percent discount to all local businesses which submit proposals for services for The City of South Lake Tahoe. The City shall evaluate the local businesses’ proposals as though the proposal had been submitted at a cost of five percent lower than the cost submitted.
b) Local Business shall mean a business which maintains its principle place of business in a fixed office within the City of South Lake Tahoe and possesses a current South Lake Tahoe business license. To establish a principle place of business in South Lake Tahoe, a business must demonstrate the majority of its principals are based in the South Lake Tahoe office, and that it pays South Lake Tahoe payroll taxes on at least 51 percent of its total payroll.

9. Bidder’s Security
a) When deemed necessary, bidder’s security may be prescribed in invitations to bid, RFP’s and RFQ’s. Bidders shall be entitled to return of bid security; provided however, that a successful bidder shall forfeit his or her bid security upon his or her refusal or failure to execute that contract within 10 days after receipt of contract. 194
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INTRODUCTION

8. Background
Background information that would be relevant to what service is being requested

9. Objective
What is the City’s primary objective? What are we trying to accomplish through this RFP?

SCOPE OF SERVICE

10. Scope of Work to be Performed
- List all technical and general specifications of service, etc.…. - Be specific with all details and descriptions.
- Request proposal to be all inclusive of all fees, incl taxes, delivery charges etc... - Request implementation schedule, timeline, delivery date etc.… 195
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PROPOSAL CONTENT REQUIREMENTS

11. Proposal Requirements - All proposals must include the following information and shall be organized as described below. Criteria titles and points should be edited or deleted as needed for each RFP –
A. Cover Letter (0-5 points)
The cover letter shall be addressed to the Director of the Department, and at a minimum, must contain the following:
• Identification of Firm, including name, address, and telephone number • Name, title, address, and telephone number of contact person during period of proposal evaluation
• A statement to the effect that the proposal shall remain valid for a period of not less than 120 calendar days from date of submittal
• Signed by person authorized to bind the Firm to the terms of the proposal.

B. Executive Summary (10 points)
The intent of this narrative is to convince the City the Proposer understands the requirements of proposal, the nature of the work, and the level of effort necessary to successfully provide the defined services.

C. Company History, Background and Experience (0-20 points) Describe the Company’s history and organizational structure, including the size of the company, location of office(s) and years in business. Provide resumes for project team members. Also include the Firm’s background, experience, and capacity to undertake the project/services for the City of South Lake Tahoe in conformity with the requirements of the RFP.

D. Scope of Work/Implementation (0-35 points)
Describe the Company’s general approach to managing the services provided including an explanation of the methodology to be followed and specific plans to manage, control, and supervise the services in order to insure satisfactory provision of services. In developing the work plan, reference should be made to the specific requirements and specifications noted in the Scope of Services (pages x – xx). Provide a delivery schedule designed to meet the requirements of the City. An implementation timeline from the Company is required. Provide description implementation plan considerations, including timeframes and deliverables for various stages of the agreement.

E. Project Budget (0-25 points)
Provide a description of the project cost and/or fees itemized according to the RFP proposal. The total all-inclusive maximum price to be bid is to contain all direct and indirect costs, including 196
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 41 all out-of-pocket expenses. The City of South Lake Tahoe will not be responsible for the expenses incurred in preparing and submitting the proposal. The Company shall present all costs, fees, taxes, and charges based on achievement of deliverables, which should be outlined in the Company’s Cost Proposal.

F. Description of Recent Projects/References (0-5 points) Provide a description of accounts/ agreements of a similar nature including at least three (3) recent client references with names and telephone numbers, contact persons.

EVALUATION METHOD & CRITERIA
Proposals will first be reviewed for responsiveness to the requirements. If any information is missing from the required content, the proposal may be deemed non-responsive and returned to proposer and any further review is subject to the City’s discretion (see Reservations, page 4).

The Selection Committee will make a recommendation based on the criteria in this Proposal to award the contract/agreement to a selected Proposer. The City may conduct interviews as described on page 4 under Selection Process.

12. Evaluation Criteria
Recommendations for selection will be based on the following weighted criteria of 100 possible points and passing status on all Pass or Fail categories, if any. This information should match the proposal content requirements on page XX
Criteria Points
A. Cover Letter 5
B. Executive Summary 10
C. Company History, Background & Experience 20
D. Scope of Work/Implementation 35
E. Project Budget 25
F. Description of Recent Projects/References 5
197
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SAMPLE

PROFESSIONAL SERVICE AGREEMENT
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EXHIBIT G

STANDARD

PROFESSIONAL

SERVICES AGREEMENT

TEMPLATE
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CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the_________day of ________ 202X by and between the City of South Lake Tahoe, a municipal corporation (“City”) and _____________________ (“Consultant”).

RECITALS
A. Consultant is specially trained, experienced, and competent to perform the special services which will be required by this Agreement.

B. Consultant possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

C. City desires to retain Consultant to render professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. Consultant shall perform the services set forth in this agreement and shall provide said services at the time, place, and in the manner specified in this agreement. Consultant shall have no power or authority by this Agreement to bind City in any respect.

The Consultant agrees that it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.

All services provided by Consultant pursuant to this Agreement will be provided in accordance with the terms set forth in the Exhibit A, “Scope of Services,” attached hereto and incorporated herein by reference. Exhibit B, “Compensation Schedule,” attached hereto and incorporated herein by reference, outlines the fees and compensation which shall be paid pursuant to this Agreement.

2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for _________ years. 200
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3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation, including travel and out-of-pocket expenses, exceed ___________ without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.

4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, the applicable hourly rate, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform extra work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, extra work without prior written authorization from City.

6. Termination. This Agreement may be terminated by City or Consultant immediately for cause or without cause upon thirty days (30) days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, and City shall be entitled to all work performed to that date.

Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation, or expiration.

7. Ownership of Documents.

All plans, studies, documents, and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees 201
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 46 and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.

Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents, and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor, or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be 202
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 47 maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of City.

Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights. All employees, agents, contractors, or subcontractors hired or retained by Consultant are employees, agents, contractors, or subcontractors of Consultant and not of the City.

City is not required to make any deductions or withholdings form the compensation payable to Consultant under the provisions of this Contract and is not required to issue W-2 Forms for income and employment tax purposes for any of Consultant’s assigned personnel. Any third-party persons employed by Consultant shall be entirely and exclusively under the direction, supervision, and control of Consultant. Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Contract.

10. Interest of Consultant. Consultant, (and principals, associates, and professional employees of consultant) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation, or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,
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Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 48 b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation, or counsel. [FPPC Reg. 18700(a) (2)].

11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

12. Compliance with Laws. Consultant shall comply with all applicable federal, state, regional and local laws, codes, ordinances, and regulations in carrying out his/her duties under this Agreement. Consultant shall observe and comply with all applicable laws, ordinances, regulations, and codes of federal, state, and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Agreement. The City, its officials, officers, elected officials, appointed officials, and employees shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section.

In the event it is determined that the Consultant is required to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay all penalties and wages as required by law.

13. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of South Lake Tahoe business license at all times services is performed under this Agreement. Consultant acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.

14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, 204
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 49 actions, losses, damages and injuries, direct or indirect (including any and all costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.

Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’s negligent acts, errors, omissions, regarding this Agreement, the Consultant’s work under this Agreement, or the consultant’s Scope of Work.

City does not, and shall not, waive any rights against Consultant which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Consultant, of any of the insurance policies hereinafter set forth.

This hold harmless agreement by Consultant shall apply to all damages and claims for damages, or alleged to have been suffered, by reason of any of the aforesaid operation of Consultant or any subcontractor, regardless of whether such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

Consultant further waives any and all rights to any type of express or implied indemnity or right of contribution from the City for any liability, claims, demands, costs, charges, and expenses and causes of action of whatsoever arising out of or in any way connected with this Agreement, and consultant’s work under this Agreement.

15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all the subcontractor’s employees. Any notice of cancellation of all 205
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 50 Workers’ Compensation policies must be received by City at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees, and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. Coverage must be made on
the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
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Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 51 b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional
insureds under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees, or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents, or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
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Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 52 c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies.

The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount, and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.

16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first-class mail. Any such notice shall be addressed to the other party at the address set forth below.

Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
If to Consultant:

Provide a copy to:

17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the 208
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 53 subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

18. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

19. Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure §1094.5, and as provided by law.

20. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.

21. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any Consultant or person, other than the independent contractors hired in accordance with Consultant’s standard business practice, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any Consultant or person, other than a bona fide employee working solely for Consultant or an independent contractor hired as discussed above, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. Consultant shall also comply with all relevant provisions of City’s 209
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 54 Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.

23. Drug-Free Workplace Certification. By signing this Agreement, Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the DrugFree Workplace Act of 1990 (Government Code Section 8350, et seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The person’s or organization’s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation, and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide, as required by Government Code Section 8355(c), that every employee who performs grant activities under this Agreement:
i. Will receive a copy of the Consultant’s drug-free policy statement; and
ii. Will agree to abide by the terms of the Consultant’s statement as a condition of employment on this Agreement.

Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of the Agreement, or both, and Consultant may be ineligible for award of any future City agreements if City determines that any of the following has occurred: the Consultant (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or 210
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 55 subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.

25. Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Consultant assures that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

26. Americans with Disabilities Act. By signing this Agreement, Consultant assures the City that it complies with the American with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101, et.seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA.

27. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

28. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

29. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

31. Time is of the Essence. Time is of the essence for this Agreement.

32. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
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CITY OF SOUTH LAKE TAHOE: CONSULTANT:

By___________________________ By ________________________________ City Manager Name, Title
Date_________________________ Date______________________________ Business License # __________________
APPROVED AS TO FORM:

By____________________________ Date_____________________________ City Attorney
ATTEST:

By____________________________ Date___________________________ City Clerk
Attachments:

Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
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EXHIBIT A

SCOPE OF SERVICES
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EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
BUDGET
Estimated fees (not to exceed) $________
Hourly Rate: $________/hour
Travel and out-of-pocket expenses $________
(travel is included in the TOTAL (not to exceed amount) TOTAL (not to exceed) $________

TIMELINE
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EXHIBIT C

ANTI-LOBBYING CERTIFICATION
Consultant shall submit to City this certification prior to or at the time of the execution of this Agreement.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty not less than $10,000 and no more than $100,000 for such failure.

The undersigned certifies, to the best of his or her knowledge or belief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instruction.

Consultant:

Name, Title
By:________________________________________ Date_______________________ 215
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EXHIBIT H

STANDARD

INVITATION TO BID

TEMPLATE
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INVITATION TO BID
TITLE
Picture
BID# date of award yyyy-mm-dd Title
*note: Formal Bids must be posted for minimum of 30 days 217
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SUMMARY
The City of South Lake Tahoe is requesting formal competitive bids from qualified professional vendors/firms for (short sentence describing what you are looking for).

Sealed or Electronic Bids are due on or before MM/DD/YYYY no later than 12:00 p.m. (Pacific Standard Time) at City offices (Department Address, South Lake Tahoe, CA 96150). Bids received after the deadline will not be accepted. Electronic Bids must be uploaded by said time and date. Sealed Bids and required copies must be submitted by U.S. mail or personal delivery to the address below, and/or on-line Planet Bids Portal. Fax and Electronic-mailed (e-mail) submission will not be accepted. Sealed paper bids must be marked “BID yyyy-mm-dd Title” and mailed to:

City of South Lake Tahoe
Attn: Department Head
Title of Bid
City Address
South Lake Tahoe, CA 96150
Bidders will be notified by the City of any addenda that may be issued to this Formal Invitation to Bid (BID). Bidders must register in the City’s Vendor Database to be notified of such addenda (see page 3 for instructions on how to register).

Read this BID document carefully as the award will be given to the “lowest qualified responsible bidder” responding to this BID. The City reserves the right to reject any or all bids. Bids will be publicly opened and read aloud at the “department address” office immediately after the closing of the bid.

In the opinion of the City of South Lake Tahoe, this BID is complete and without need of explanation. However, if you have questions, or should you need any clarifying information, please use the Q&A feature that is found within Planet Bids, where the BID is posted.

Please note that no information given will be binding upon the City unless such information is issued in writing as an official addendum to this BID.

TIMELINE OF CRITICAL DATES
Release of Formal Competitive Bid xx-xx-xxxx
Mandatory Pre-Bid Meeting *optional
Deadline for questions Submitted via
Planted Bids
xx-xx-xxxx
Questions & Answers Uploaded xx-xx-xxxx
Formal Bid Due/ Bid opening xx-xx-xxxx
City Council Award xx-xx-xxxx
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SUBMITTAL PROCEDURES

1. Register with the City
All Bidders must complete a “Vendor Information Sheet” to be entered in the City of South Lake Tahoe Vendor Database, which is required to submit a bid. Go to this website address:
https://pbsystem.planetbids.com/portal/14997/portal-home and follow the instructions applicable to Bidder. Following submission, Bidders will receive a confirmation message within 24 hours from the City. Bidders are solely responsible for maintaining up to date and accurate information in the Vendor Database.

2. Number of Copies
The Bidder must submit in a sealed package(s) one (1) ”Original”, and five (5) complete copy sets of the “Original” response. Bids shall not be e-mailed or faxed to the City. Bids not received by the date and time specified in this BID, will be rejected. Documents submitted in response to this BID will become the property of the City of South Lake Tahoe and will be regarded as public record under California Public Records Act under Government Code 6250 et seq., and subject to review or release to the public, excluding financial records marked “confidential” which shall be available for the bidder to pick up following a review and selection of the bid.

3. Format
Font, Type and Style: All proposals shall be single sided and professionally prepared (no handwritten proposals will be accepted). There are no requirements on font size, type, or style requirements.

Not Bound: Proposals shall not be bound with anything other than a clip or staple to allow the City to make additional copies as needed. No comb binding or permanent binding is permitted.

4. Submittal Deadline
Response to this BID is due on or before MM/DD/YYYY no later than 12:00 p.m. (Pacific Standard Time) at City offices (address below). Reponses received after the deadline will not be accepted; there are no exceptions. Fax and Electronic-mailed (e-mail) submission will not be accepted. Submit Sealed Bids to:

City of South Lake Tahoe
Attn: Department Head
“BID yyyy-mm-dd Title”
Department Address
South Lake Tahoe, CA 96150

5. Selection Process
A Selection Committee consisting of City Staff will evaluate the submitted bids. Bids will be objectively evaluated based on their responses to the Scope of Work outlined in this BID. The written bid should clearly demonstrate how the bidder could best satisfy the requirements of the 219
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 64 City. The Selection Committee will utilize the Evaluation Method and Criteria described on page 9 of this BID to rate and rank each proposal.

Following a review of the Bids, the Selection Committee may invite one or more of the bidders to a Selection Interview. Upon completion of interviews, the Selection Committee will submit a recommendation to the City Manager. The City of South Lake Tahoe reserves the right to accept or reject any or all proposals or to make no award at all, to extend the period for accepting bids, to advertise the BID at any time and to waive any minor irregularities in any bid.

The City of South Lake Tahoe reserves the right to accept or reject any or all bids or to make no award at all, to extend the period for accepting proposals, to advertise the Invitation to Bid at any time and to waive any minor irregularities in any proposal.

6. Purchase Agreement/ Contract
Upon approval of the Award by City Council; a written Purchase Agreement or Contract will be issued by the City Attorney’s Office. The Agreement is in force through the time period specified in the Scope of Work in the bid. The selected Bidder will be required to sign the City’s Purchase Agreement or Contract. A sample of this Agreement is attached hereto, and the City reserves the right to amend or edit this agreement however it sees fit. No changes may be made in the agreement without written authorization by the City of South Lake Tahoe. Quantities specified in the purchase agreement are not to be exceeded without written authorization from the City of South Lake Tahoe.

7. Reservations
a) The City reserves the right to reject any and all bids, whether or not minimum qualifications are met, and to modify, postpone, or cancel this Invitation to Bid, in whole or in part, or decide to award a contract on the basis of individual items, or groups of items, or on the entire list of items; to reject any or all bids or any part thereof; and to waive any informalities and/or negotiate minor deviations to the bid, with the successful bidder. The City's decision shall be final, without liability, obligation, or commitment to any party, firm, or organization.
b) In addition, the City reserves the right to request and obtain additional information from any Bidder and to negotiate the final scope of services with the selected vendor. The City is not liable for any costs incurred by Bidders prior to issuance of an agreement, contract, or purchase order. Costs of developing the bid, oral presentations or any other such expenses incurred by the vendor in responding to the BID are entirely the responsibility of the vendor and shall not be reimbursed in any manner by the City of South Lake Tahoe. c) Only the City Council of South Lake Tahoe, or the City Manager after being duly authorized by the City Council, may execute the Agreement with the successful bidder.

Further, it is understood that respondents must independently evaluate the information in this BID and that the City makes no guarantee of data accuracy. 220
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 65 d) The City reserves the right to waive or permit cure of minor informalities and/or insignificant mistakes such as matters of form rather than substance and to conduct discussions and negotiations with any qualified respondent in any manner deemed necessary by the City to serve its best interests. The City also reserves the right, based on its sole judgment and discretion, to award a contract based upon the written bids it receives without conducting discussions, interviews, or negotiations. e) If, in the opinion of the City, a bid contains false or misleading statements or references, it may be rejected without notice to Bidder.
f) The City reserves the right to obtain written clarification of any point in a vendor bid or to obtain additional information necessary to properly evaluate a particular bid. Failure of a Bidder to respond to such a request for additional information or clarification may result in rejection of the bid.
g) The City reserves the right, without qualification, to select a Bidder for further discussions based solely on the content of the BID and relevant information obtained from others concerning the respondent's respective records of past performance. h) Proposer agrees that any response submitted to this BID will remain current and valid for a period of not less than 120 calendar days from the proposal due date.

8. Bid Protests
a) A non-selected bidder may protest award of contract by submitting a written bid protest which shall be received by the city clerk no later than seven calendar days after the city’s selection of the winning bidder or no later than 10 calendar days from the date that the city issues notice of designation of a bidder as non-responsible. b) The bid protest shall state all grounds claimed for the protest and include supporting documentation. Failure to clearly state the grounds for the protest and provide supporting documentation shall be deemed a waiver of all protest rights. c) Where award of the contract is to be made by the city council, the city clerk shall place a discussion of the bid protest on the next regularly scheduled council meeting agenda and the city council shall determine whether, based on the protest, to award the contract to the selected bidder, to reject all bids, or to award the contract to the next lowest responsible bidder.

9. Local Business Preference
a) The city shall apply a five percent discount to all local businesses which submit bids for materials, supplies, equipment, and services for nonpublic projects. The city shall evaluate the local businesses’ bids as though the bid had been submitted at a cost of five percent lower than the cost submitted.
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Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 66 b) Local Business shall mean a business which maintains its principle place of business in a fixed office within the city of South Lake Tahoe and possesses a current South Lake Tahoe business license. To establish a principle place of business in South Lake Tahoe, a business must demonstrate the majority of its principals are based in the South Lake Tahoe office, and that it pays South Lake Tahoe payroll taxes on at least 51 percent of its total payroll.

9. Bidder’s Security
a) When deemed necessary, bidders’ security may be prescribed in invitations to bid, RFP’s and RFQ’s. Bidders shall be entitled to return of bid security; provided however, that a successful bidder shall forfeit his or her bid security upon his or her refusal or failure to execute that contract within 10 days after receipt of contract.

INTRODUCTION

8. Background
Background information that would be relevant to what product is being requested

9. Objective
What is the City’s primary objective? What are we trying to accomplish through this BID?

SCOPE OF WORK

11. Scope of Work to be Performed:

- List all technical and general specifications of item(s), product, service, etc…. - Be specific with all details and descriptions.
- Request bid to include all fees, tax (8%), delivery charges 222
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 67 - Request implementation schedule, timeline, delivery date

BID CONTENT REQUIREMENTS

12. Bid Requirements - All bids must include the following information and shall be organized as described below.

F. Cover Letter (0-5 points)
The cover letter shall be addressed to the Department, Department Head, Title, and at a minimum, must contain the following:
• Identification of Vendor, including name, address, and telephone number • Name, title, address, and telephone number of contact person during period of bid evaluation
• A statement to the effect that the bid shall remain valid for a period of not less than 120 calendar days from date of submittal
• Signed by person authorized to bind the bidder the terms of the proposal.

G. Executive Summary (10 points)
In a brief narrative, describe the overall approach and plans to meet the requirements of the Invitation to Bid. The intent of this narrative is to convince the City that the Bidder understands the objective that the bid is intended to meet, the nature of the work and/or product, and the level of effort necessary to successfully provide the defined product or scope of work.

H. Company History, Background and Experience (0-20 points) Describe the Vendor’s history and organizational structure, including the size of the company, location of office(s) and years in business. Provide resumes project team members (if applicable). Also include the Vendor’s background and public sector experience in conducting description of work/item.

I. Scope of Work/Implementation (0-35 points)
Describe the Vendor’s general approach to managing the project or providing the goods, including specific plans to manage, control, and/or deliver the project in order to insure satisfactory provision of services. Provide a schedule designed to meet the requirements of the City. The City’s target date for completion/delivery is xxxx weeks/days from the date the contract is signed; however, a timeline from the Vendor is required. Provide description of all costs, implementation, including 223
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 68 estimated timeframes and deliverables.

J. Project Budget (0-25 points)
Provide a detailed description of the project budget/ product itemized according to Scope of Work.

The Vendor shall present a specific “not to exceed” fixed fee /cost including associated taxes, fees, and charges and be based on achievement of deliverables. Provide itemized budget.

F. Description of Recent Projects/References (0-5 points) Provide a description of projects/products of a similar nature including at least three (3) client references with names and telephone numbers, contact persons. Preference shall be given to vendors who have provided satisfactory service to public entity clients.

EVALUATION METHOD & CRITERIA
Bids will first be reviewed for responsiveness to the requirements. If any information is missing from the required content, the bid may be deemed non-responsive and returned to bidder. Further review is subject to the City’s discretion (see Reservations, page 4).

The Selection Committee will make a recommendation to the City Manager based on the criteria in this bid to award the contract to the lowest qualified responsible bidder. The City Council will make the final determination whether or not to award a contract/agreement. The City may conduct interviews of the top scoring Bidders.

13. Evaluation Criteria
Recommendations for selection of the Concessionaire will be based on the following weighted criteria of 100 possible points and passing status on all Pass or Fail categories. This information should match the BID content requirements on page 7
riteria Points
A. Cover Letter 5
B. Executive Summary 10
C. Company History, Background & Experience 10
D. Scope of Work/Implementation 35
E. Project Budget 35
F. Description of Recent Projects/References 5
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SAMPLE

STANDARD PURCHASE AGREEMENT
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EXHIBIT I

STANDARD

PURCHASE

AGREEMENT

TEMPLATE
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CITY OF SOUTH LAKE TAHOE

PURCHASE AGREEMENT
This Agreement is made and entered into as of the_________day of ________ 202x by and between the City of South Lake Tahoe, a municipal corporation (“City”) and _____________________ (“Vendor”).

RECITALS
A. Vendor is specially trained, experienced, and competent to perform the special services which will be required by this Agreement.

B. Vendor possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

AGREEMENT

1. Scope of Agreement. Vendor shall provide the goods/materials/products set forth in this agreement and described more fully in the Exhibit A, “Description of Goods/Materials/Products,” attached hereto and incorporated herein by reference (hereinafter the “product(s)”). Exhibit A further sets forth the requirements for delivery of the product(s), including requirements for installation, maintenance, servicing, etc.

2. Term/Time of Performance. The goods/materials/services described in Exhibit A shall be delivered to the City on or before ______________.

3. Compensation. Compensation to be paid to Vendor shall be in accordance with Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Vendor’s compensation exceed ___________ without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Vendor shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item set forth in Exhibit A.

4. Expiration and Termination of Agreement. This Agreement shall expire upon written confirmation from the City that Vendor has delivered product(s) in compliance with the scope set forth in Exhibit A. Such confirmation shall not be unreasonably withheld.
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Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 72 The City may terminate this agreement if Vendor fails to deliver product(s) and comply with the terms of Exhibit A within ten (10) days of the date of delivery set forth in paragraph two (2) herein.

5. Independent Contractor. It is understood that Vendor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of City.

Vendor shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Vendor hereby expressly waives any claim it may have to any such rights. All employees, agents, contractors, or subcontractors hired or retained by Vendor are employees, agents, contractors, or subcontractors of Vendor and not of the City.

City is not required to make any deductions or withholdings form the compensation payable to Vendor under the provisions of this Contract and is not required to issue W-2 Forms for income and employment tax purposes for any of Vendor’s assigned personnel. Any third-party persons employed by Vendor shall be entirely and exclusively under the direction, supervision, and control of Vendor. Vendor hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Contract.

6. Interest of Vendor. Vendor, (and principals, associates, and professional employees of Vendor) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Vendor’s services hereunder.

Vendor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

7. Professional Ability of Vendor. City has relied upon the professional training and ability of Vendor to provide the product(s) hereunder as a material inducement to enter into this Agreement. Vendor shall therefore provide properly skilled professional and technical personnel to perform all tasks related to delivery of the product(s), etc. as set forth in Exhibit A.

8. Compliance with Laws. Vendor shall comply with all applicable federal, state, regional and local laws, codes, ordinances, and regulations in carrying out his/her duties under this Agreement. Vendor shall observe and comply with all 228
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 73 applicable laws, ordinances, regulations, and codes of federal, state, and local governments.

9. Licenses. Vendor represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of Vendor to engage in this Agreement. Vendor represents and warrants to City that Vendor shall, at its sole cost and expense, always keep in effect or obtain during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Vendor.

Vendor shall always maintain a City of South Lake Tahoe business license during this Agreement. Vendor acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.

10.Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Consultant assures that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

11. Indemnity. Vendor hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all costs and expenses in connection therein), arising out of this Agreement or caused in any way by Vendor’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City. Vendor agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Vendor’s negligent acts, errors, omissions, regarding this Agreement, the Vendor’s work under this Agreement, or the Vendor’s Scope of Work.

City does not, and shall not, waive any rights against Vendor which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Vendor, of any of the insurance policies hereinafter set forth.

12. Warranty. Vendor will provide warranty language.

13. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first-class mail. Any such 229
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 74 notice shall be addressed to the other party at the address set forth below.

Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Provide a copy to:City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
If to Vendor:

Provide a copy to:

14.Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Vendor. Assignments of any or all rights, duties or obligations of the Vendor under this Agreement will be permitted only with the express consent of City. Vendor shall not subcontract any portion of the Agreement without the written authorization of City. If City consents to such subcontract, Vendor shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

15.Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

16.Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado 230
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 75 Superior Court pursuant to California Code of Civil Procedure §1094.5, and as provided by law.

17.Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.

18.Prohibited Interests. Vendor maintains and warrants that it has not employed nor retained any Vendor or person, other than the independent contractors hired in accordance with Vendor’s standard business practice, to solicit or secure this Agreement. Further, Vendor warrants that it has not paid, nor has it agreed to pay any Vendor or person, other than a bona fide employee working solely for Vendor or an independent contractor hired as discussed above, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

19.Amendments. This Agreement may be modified or amended only by a written document executed by both Vendor and City and approved as to form by the City Attorney.

20.Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

21.Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and Vendor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

22. Time is of the Essence. Time is of the essence for this Agreement.

23.Authority to Enter Agreement. Vendor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
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Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 76 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE: VENDOR:

By___________________________ By ________________________________ City Manager Name, Title
Date________________________ Date______________________________ Business License # __________________
APPROVED AS TO FORM:

By____________________________ Date__________________
City Attorney
ATTEST:

By____________________________ Date___________________
City Clerk
Attachments:

Exhibit A – Description of Goods/Materials/Products
Exhibit B – Compensation
Exhibit C - Anti-Lobbying Certification
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EXHIBIT A
Description of Goods/Materials/Products
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EXHIBIT B

COMPENSATION
• Provide total itemized costs
• Include all taxes, shipping, handling, fees, and discounts 234
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EXHIBIT C

ANTI-LOBBYING CERTIFICATION
Vendor shall submit to City this certification prior to or at the time of the execution of this Agreement.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty not less than $10,000 and no more than $100,000 for such failure.

The undersigned certifies, to the best of his or her knowledge or belief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instruction.

Vendor:

Name, Title
By: ________________________________________ Date________________________ 235
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EXHIBIT J

BID REJECTION
LETTER –

TEMPLATE/EXAMPLE
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USE DEPARTMENT- CITY LETTERHEAD
Date
Address
Re: Award Decision, Department of ________, RFP # _____ for [service requested] Dear
Thank you for submitting a proposal in response to the subject Request for Proposals (RFP).

An evaluation panel, using the weighted criteria outlined in the RFP, has completed its review, and scoring of all the proposals we received. The proposal submitted by ______________ received the panel’s highest score. We will be developing a contract for the requested services with that organization. Thank you again for your participation, and for your interest in doing business with the City of South Lake Tahoe.

This award is a final decision subject to the successful negotiation of a mutually acceptable contract. A nonselected bidder may protest the award of a contract by submitting a written bid protest which shall be received by the city clerk no later than seven calendar days after the city’s selection of the winning bidder or no later than 10 calendar days from the date that the city issues notice of designation of a bidder as nonresponsible. Please see City of South Lake Tahoe Code section 3.45.020 for the full bid protest procedure.

Very truly yours,
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EXHIBIT K

BID ACCEPTANCE
LETTER

TEMPLATE/EXAMPLE
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Date
Address
Re: Award Decision, Department of ________, RFP # _____ for [service requested] Dear
Congratulations. The evaluation panel, using the weighted criteria outlined in the subject Request for Proposals (RFP), has completed its review of the proposals received. We are pleased to announce that your proposal received the panel’s highest score.

Enclosed with this letter is an electronic copy of the City’s approved Professional Services Agreement. We respectfully ask you to review the terms and conditions. Any changes should be made with MS Word Track Changes so that our Attorney may review them. We also kindly ask that you provide us a scope of services attachment that includes all services requested in our RFP. When both parties arrive at mutually acceptable terms, we will place the master agreement on the City Council agenda for adoption.

Thank you for your interest in working with the City of South Lake Tahoe. If you have any questions or concerns, please do not hesitate to reach out to me at __________________.

Very truly yours,
Attachment: Professional Services Agreement/ or Purchase Agreement 239
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EXHIBIT L

INSTRUCTIONS TO

CREATE A STANDARD

PURCHASE ORDER
(PO)
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Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 85 Creating a Purchase Order

1. Login to OneSolution

2. Type POUPPR into the top right search tool and click on “Purchase Requests (POUPPR)

3. Click on “Add”

4. Click on Generate

5. Click on PR_SEED

6. Write down the PR Number

7. If you know the vendor ID then type it in the text box that is located in the Vendor tab. If you don’t know the ID then you can search for it by name. If the vendor is not in our system then you will have to request a W9 from the vendor and send it over to Ben so he setup the new 241
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 86 vendor in our system. If this new vendor is doing any work on one of our properties then a business license is needed. Have Finance contact this new vendor to setup a business license.

8. Type in the Vendor ID in the text box or look it up. Select the vendor and the correct address then click on OK at the top.

9. Click on the Ship to Tab. If you know the ship to ID then type it in the box or you can search for it. To search click on the Lookup button. All city building starts with a S. Filter by PE ID and type 242
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 87 in an “S” and click on “Apply”. Look for the city building that it needs to be shipped to and select the correct person at that address.

10. Under the “Details” tab type in the following
a. Confirming Person – The person requesting this item/service 243
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 88 b. Cust / Order # - Quote or order number if available
c. Bid # - If available
d. Contract # - If available
e. End Use – The department or division requesting this PR f. Buyer – Leave Blank

11. Go to the “Details” tab and type in the current date

12. Skip “Blanket” Tab

13. Click on “Req. Codes” Tab. Make sure the following codes are selected.

14. Skip “Misc.” Tab

15. Click on the “Notes” Tab. In the dropdown there are three choices a. PR Notes – This is for internal notes only
b. Print Before – This will place the note directly on the PO above the first line item. 244
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 89 i. Quote number
ii. Delivery instructions
iii. Etc…
c. Print After – This will place the note directly after the last line item. i. Quote number
ii. Delivery instructions
iii. Etc…

16. In the “Items” tab. Enter in the Quantity, Account Number, Units, Description, Unit Price. If Tax is NOT required, then scroll to the right and select EX under the “Tax Code” column. After entering the data in each filed press the “Enter” to save the item and two add a second item.

17. Once you are finished adding items. You will have to approve the PR out of your queue. At the top you should have “Pending Approvals” tab; If you don’t, please see below to activate it. Click on that tab and select one of the four choices. When you select one a second window will popup so you can type additional notes for yourself or for the next approver in the queue. 245
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18. If there are multiple approvers you can click on refresh to see who next in line to approve the PR.

Adding Attachments to the PR

1. Click on the “Attachments” tab on the top will allow you add new documents. The “Attachment” tab on the left will show you the current documents attached to the PR.

2. Click on “New Document”. A second window will popup. You will need to add a description and then browse to the location where your attachment is saved. Then click on “Attach.” 246
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3. You will see the document listed on the left side. If the wrong document was attached; just hover you mouse of the attached document and send IT the document ID and request that document to be removed.

Activating the “Pending Approval” tab and “Attachments” Tab

1. Click on the Globe
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2. Click on “Settings”

3. Click on “Preferences” tab and select “Enable for “Show Attachments”. Then click on “Apply Settings”
248
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 93

4. Click on “Screens Specific” tab and select “Enable” for “Pending Approvals” Purchase Order Rules

1. All quotes, sole source form, state contracts, etc.… and the approved PO must be attached to the PR.
249
City of SLT Financial Policies – Travel 1 August February 20220 FINANCIAL MANAGEMENT:

TRAVEL POLICY
These guidelines establish the basic policies and procedures for overnight travel on City business. All City employees and City officials traveling for City business purposes are responsible for knowing and following this policy.

TABLE OF CONTENTS
This policy is organized into the following seven sections: Page

1. General Standards……………………………………………………………………… 2

2. Travel Authorization…………………………………………………………………… 2

2.1. Delegation of Authority…………………………………………………………. 2-3

2.2. Allowable Expenses…………………………………………………………………3

3. Planning an Official Trip………………………………………………………………. 3-4

3.1. Compensation……………………………………………………………………. 3-4

3.2. Registration………………………………………………………………………… 4

3.3. Transportation……………………………………………………………………4- 5

3.4. Lodging………………………………………………………………………………5

3.5. Meals……………………………………………………………………………… 5-6

3.6. Prohibited Expenses………………………………………………………………6-7

3.7. Personal Travel……………………………………………………………………. 67

3.8. Illness While Traveling……………………………………………………………. 67

4. Payments and Reimbursements……………………………………………………….. 7

4.1. Payment Options………………………………………………………………….7-8

5. Final Accounting and Reconciliation………………………………………………….. 7-8

5.1. Maintaining Documentation………………………………………………………. 7-8

5.2. Expense Reporting……………………………………………………………………8-9

6. Falsification of Expenses………………………………………………………………..8 9

7. Forms and Publications………………………………………………………………… 9
Travel Authorization and Advance Form (prior to travel)..…….……………9-10 Travel Expense and Reconciliation Form (return from travel) ………….…..9-11

7.1. IRS Publications……………………………………………………………………9
250
City of SLT Financial Policies – Travel 2 August February 20220

1. GENERAL STANDARDS:

The purpose of this policy is to document allowable business travel expenses eligible for reimbursement. These include necessary and reasonable expenses as defined under Section 162 of the Internal Revenue Code for purposes of Federal and State Income Tax Laws. This policy applies to all travel expenses regardless of the source of funds. “Out-of-town travel” means travel on City business away from the normal work place or residence and requires an overnight stay. Out-of-town travel expenses include transportation, meal and incidental per diem, lodging, and other travel related allowable expenses.

Adoption and Implementation: The City Council is responsible for adopting the City's Travel Policy and for approving any significant policy revisions. The City Manager, or his/her designee, is responsible for developing administrative procedures to implement this policy. In this role, the City Manager is authorized to make minor administrative changes in the guidelines without significant policy impacts. Updates to Per Diem and Mileage rates may be made periodically in accordance with Federal General Services Administration (G.S.A.) established rates.

Public Records Requirement: All documents related to reimbursable City travel expenditures are public records and may be subject to disclosure under the California Public Records Act (Government Code §6250-6270).

Employees and City Officials are responsible for exercising good judgment in requesting, arranging, and reimbursing a business trip. Accordingly, the basic standard that should prevail is to provide prudent stewardship of public funds and the City's resources.

2. TRAVEL AUTHORIZATION:

All employees must receive authorization for travel from their Department/Division Head prior to scheduling a trip. In addition, all requests for out-of-state travel must be approved by the City Manager prior to taking the trip. Authorization may be granted when travel funds are available in the Department’s approved budget. All employees must have the Travel Authorization and Advance (T.A.A) Form completed and signed by their Department or Division Head prior to booking or paying for travel.

Requests for advances, per diem for meals and incidentals, and support for all expenses directly paid to the vendor must be included on the approved T.A.A Form.

2.1. DELEGATION OF AUTHORITY
Finance Director of Admin. Services for: City Manager
City Manager approves for: Direct Report Employees, Department Heads, & City Clerk/ Elected Officials
Department Heads approve for: Division Managers, City Employees 251
City of SLT Financial Policies – Travel 3 August February 20220 Division Managers approve for: Direct Report Employees
The Authorized Signor is responsible for determining the cost to be reasonable and justified by the trip’s purpose, assuring the following:

1. The purpose cannot be accomplished by internet, mail, or telephone.

2. The seminar, meeting, or conference is necessary to accomplish key City goals/objectives and is unavailable locally if overnight accommodations are required.

3. The minimum number of City staff members will be going.

4. The itinerary ensures accomplishment of the purpose at the lowest reasonable cost.

5. The traveler understands and follows these guidelines.

6. There is enough budget in the appropriate travel line item to cover the costs.

7. A Travel Expense Reconciliation Form with all substantiated receipts will be submitted.

2.2. ALLOWABLE EXPENSES
Expenses incurred in connection with the following activities generally constitute authorized expenses when guidelines of this policy are met:

1. Communicating with representatives of regional, state, and national government on City adopted policy positions.

2. Serving on professional organizational/governmental committees, boards, or task forces.

3. Attending educational seminars, conferences, or organized educational activities designed to improve skill levels or provide information on topics important to City policy and operations.

4. Preparing research for City projects or implementing adopted City plans, policies, goals, or programs.

5. Attending meetings involving activities or decisions important to City interests and are consistent with adopted plans, policies, goals, or programs.

6. Attending events where the City is a formal sponsor or participant, or in performance of official duties for the City.

7. Communicating with individuals or representatives of community groups on policy positions adopted by or under consideration by the City.

8. Engaging in other business-related activities with a direct connection to the implementation of adopted City plans, policies, goals, or programs.

3. PLANNING AN OFFICAL TRIP:

3.1 COMPENSATION
252
City of SLT Financial Policies – Travel 4 August February 20220 When travel time exceeds the normal work week and the operating MOU allows, the City’s rules for overtime apply. In determining overtime compensation, normal commute time should be deducted from the total time traveled. Additionally, normal unpaid meal periods are not considered work time when traveling. Overtime eligibility applies equally to drivers and passengers and should be granted whether the travel occurs during normal workdays, weekends, or evenings.

3.2 REGISTRATION
Fees charged for registration at any convention, meeting, or training are reimbursable with prior approval. Registration fees can be paid with a Cal-Card, requested as an advance with documentation of published rate, or reimbursed with itemized receipt if the employee pays for the registration on their own.

3.3 TRANSPORTATION
Transportation at the Destination- Use of public transit such as intercity trains, buses, streetcars, or ridesharing etc. is appropriate. If a car rental is required, attach a quote from the most reasonably priced rental car company for an advance check, use your Cal Card for payment, or attach an itemized receipt for reimbursement.

Air Travel- All air travel on City business should be coach class. Compare airline carriers prior to making reservations to ensure the most competitive rates are available to the City.

Traveling by Automobile- Traveling by a City vehicle is the most ideal. If one is not available or a personal car is preferred, approval of the Authorized Signor is required.

City Vehicle: When using a city vehicle, reimbursement for gas expenses is appropriate.

Due to liability concerns, non-City employees/officials including spouses, children, and guests should not ride as passengers in City vehicles.

Personal Vehicle: When using a personal vehicle for travel; reimbursement at the current approved IRS Mileage rate (20221 rate of 62.5.56cents per mile) will be provided. "Google Maps" or other mapping sites must be used in determining mileage reimbursements. The City will not reimburse for non-business-related mileage such as a personal stop or an indirect route taken for personal reasons.

Mileage in-lieu of Commercial Carrier Costs: In the event a commercial carrier such as an airplane would otherwise be the preferred mode of transportation, but a personal car is preferred (subject to the approval guidelines set forth above), mileage will be reimbursed up to the cost of a commercial carrier.

To drive a privately-owned vehicle on City business it is required to:

1. Possess a valid license to drive in California.
253
City of SLT Financial Policies – Travel 5 August February 20220

2. Carry liability insurance limits required by Human Resources with the City named as additional insured.

3. Realize that any damage to the car or needed service/repair occurring on the trip will be your responsibility as these costs are included in the City's per mile cost reimbursement.

3.4 LODGING
Accommodations- The City will pay for a single room (including taxes and parking) for as many nights as necessary. The accommodations used should be economical but practical. In general, choose the most reasonably priced accommodations available consistent with the purpose, goals, and convenience of travel.

Canceling a Reservation- Cancel any reservation that cannot be used. If the City is charged for an unused reservation, the employee will pay the charge unless circumstances requiring cancellation were reasonably beyond control and approved by the Authorized Signor.

3.5 MEALS
Please note: Procurement cards (CAL-Card) cannot be used for meals while traveling.

Please see Section 8 (Restricted and prohibited purchases) of the Cal-Card User Handbook.

To qualify for meal allowance:

1. Travel must be to an overnight destination outside of the City limits.

2. Meal expenses will be paid on a not to exceed per diem rate while traveling on official business as published by the Federal Government gsa.gov website under Per Diem Rates.

3. The per diem will generally be paid in advance of travel (receipts not required).

Where a timely per diem request is not submitted (within 10 days prior to travel) and/or as determined by the employee’s department head; a reimbursement of meal expenses may be submitted after travel (requires submittal of receipts).

4. Reimbursement in excess of allowable standard Federal Per Diem rate is taxable and must be reported on an employees’ W-2 as wages. Therefore, under no circumstances may the cost of meals exceed the per diem rates allowed under this policy.

Employee is responsible for meal costs above current approved per diem rate.

5. Employees may not claim meals provided by the event or included in hotel costs or conference fees.

6. Meals must be accounted for upon your return on the Travel Expense and Reconciliation (T.E.R) Form. No receipts are required for advance per diem payments. All reimbursed meal expenses require attached receipts.

Current Per Diem rates for 2022FY 2019/2020 for South Lake Tahoe are as follows:
254
City of SLT Financial Policies – Travel 6 August February 20220 Breakfast: $176.00
Lunch: $187.00
Dinner: $3428.00
Incidental Expenses: $5.00 (payable full day)
Total M&IE allowable payment for a full day (excess of 12 hours): $7466 First & Last Day of Travel (less than 12 hours): $5549.50* * per GSA allowable Per Diem rates, the first and last day of travel may be received at 75% of total M&IE.
** rates subject to change per Federal Government General Services Administration (GSA) www.gsa.gov/perdiem

3.6 PROHIBITED EXPENSES
Examples of prohibited expenditures include but are not limited to:
• Alcohol/narcotics
• Toiletries/medicines
• Car repair/traffic citations (parking tickets, toll fines) • Credit card interest charges
• Pet hotel fees, Health club fee/ spa treatments
• Fees for upgrades of air, hotel, or auto
• Headphones or extra incidentals on airlines
• Laundry/dry cleaning
• Movies/entertainment (in-room or off-site)
• Sporting events, theater, or cinema
• Personal expenses/spouse or guest expenses

3.7 PERSONAL TRAVEL
If time is taken away from official business for personal matters, or return is delayed after completing the business trip, reimbursement will not be provided for expenses incurred during that time. Pre-approval is required when combining business and personal travel. If this extended period occurs during regular scheduled work hours, the time will be counted as vacation, comp time, paid time off, or leave without pay.

3.8 ILLNESS WHILE TRAVELING
Should an employee/official become sick or ill during a travel business trip, reimbursement will be provided for necessary additional living expenses (except those directly related to your illness, such as physician or hospital costs) until the employee can return home.

Employees are required to notify the supervisor or Authorized Signor as soon as possible of 255
City of SLT Financial Policies – Travel 7 August February 20220 becoming ill. If applicable, the time will be counted as sick leave or paid time-off during your normally scheduled work hours.

4. PAYMENTS AND REIMBURSEMENTS:

The City will pay all legitimate expenses of your trip or meeting. These include transportation, lodging, registration fees, meals and any other related expenses such as parking, baggage fees, and bridge tolls if they are for official business and within the guidelines of this policy.

4.1 PAYMENT OPTIONS
Direct Vendor Payments: Direct payments made by the City to an organization to pay for specific costs related to a trip, usually registration fees, lodging and airfare. To obtain direct vendor payments, complete the appropriate sections of the T.A.A. Form and attach payment information for all direct payments. Retain a copy of the completed form to assist in reconciling actual expenses.

Cal Cards may be used to pay vendors directly for travel expenses, upon approval with completed T.A.A form. Receipt of payment on a Cal Card must be submitted with both the Travel Expense and Reconciliation (T.E.R.) Form and Cal Card Statement. Payment for travel meals on a Cal Card is prohibited.

Cash Advances: Advance payments can be provided to an employee prior to travel to cover expenses including per diem for meal expenses, Hotel Registration, Transportation etc. To request cash advance, the Authorized Signor must review the amount ensuring it is reasonable and within the current Approved Per Diem Rates and department budget.

Employees must submit a T.E.R. Form to Accounts Payable with final reconciliation documenting all expenses and attaching receipts. Meals must be accounted for although receipts are not required if the employee received a per diem advance.

Reimbursements: Upon return, account for all expenses incurred on the T.E.R. Form attach substantiated receipts for all expenses and obtain proper approval from the Authorized Signor. Reimbursements will be processed within ten (10) days of submittal to Accounts Payable.

5. FINAL ACCOUNTING AND RECONCILIATION:

5.1 MAINTAINING DOCUMENTATION
• Maintain a detailed record of all expenses incurred during travel: meals, transportation/mileage, lodging, car rentals, parking fees, registration fees, and any other reasonable and necessary expenses to assist with final reconciliation. 256
City of SLT Financial Policies – Travel 8 August February 20220 • Detailed receipts must be submitted for all expenses except when receiving advanced per diem for meals. Failure to provide such documentation will result in denial of reimbursement.
• In the event receipts are not available, provide a written explanation, description and cost of the expense to your Authorized Signor for approval, submit this documentation with your T.E.R. Form to Accounts Payable. The City reserves the right to require additional approval of the City Manager, where necessary or deny the reimbursement.

5.2 EXPENSE REPORTING
Within 10 days of return, employees must submit a T.E.R. Form to Accounts Payable with final reconciliation and receipts documenting all expenses. Failure to return this form will result in repayment to the City of any advanced funds and/or denial of reimbursement for expenses not accounted for in this manner.

Per IRS Section 15: to be excluded from taxable wages your T.E.R Form must include the following:
• The business purpose of the trip
• The date and place of the trip
• Receipts for lodging, and all travel expenses
• Receipts for meals if requesting reimbursement
Authorized Signor approving expense reports are responsible to ensure:

1. All expenses are reasonable, necessary and consistent with this policy.

2. All required itemized receipts are attached.

3. The final reconciliation is correct (balance due employee; balance due City).

4. Amounts due to the City are reimbursed within 10 days.

5. Final accounting on T.E.R. Form is submitted to Finance.

6. FALSIFICATION OF EXPENSES:

Submitting fraudulent receipts or falsifying a Travel Expense Reconciliation Form will result in loss of reimbursement privileges and may lead to disciplinary action up to and including termination of employment.

The City of South Lake Tahoe reserves the right to deny reimbursement of expenses that are considered lavish, extravagant, or are unsupported by required documentation. Unusual expenses incurred due to special circumstances may be approved by the City Manager, if those expenses do not violate Federal or State requirements and when in the City Manager’s judgment, such expenses are justified. These expenses must be submitted on a Travel Expense 257
City of SLT Financial Policies – Travel 9 August February 20220 Reconciliation Form supported by documentation and written explanation of circumstances, signed by Department Head and City Manager.

7. FORMS AND PUBLICATIONS:

The following forms are required when travelling for City business:

1. Prior to booking and paying for travel: Travel Authorization and Advance Form (T.A.A.F.)

2. Return from travel: Travel Expense and Reconciliation Form (T.E.R.F.)

3. Examples to assist in filling out these forms is located on the next page.

4. Blank forms are located in Outlook, Public Folders, Finance Dept., Travel-Training Polices. Updated Aug. 2022.

2. 7.1 INTERNAL REVENUE SERVICE (IRS)
For additional information or clarification, refer to the following IRS publications. • IRS Publication 15-B, Employers Tax Guide to Fringe Benefits for tax reporting requirement
• IRS Publication 463, Travel, Entertainment, Gift and Car Expenses • IRS Publication 5318, Tax Cuts and Jobs Act, tax reform 2017

EXAMPLE FORMS ADDED
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numbering
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258
City of SLT Financial Policies – Travel 1 August 2022

FINANCIAL MANAGEMENT

TRAVEL POLICY
These guidelines establish the basic policies and procedures for overnight travel on City business. All City employees and City officials traveling for City business purposes are responsible for knowing and following this policy.

TABLE OF CONTENTS
This policy is organized into the following seven sections: Page

1. General Standards……………………………………………………………………… 2

2. Travel Authorization…………………………………………………………………… 2

2.1. Delegation of Authority……………………………………………………………. 2-3

2.2. Allowable Expenses…………………………………………………………………3

3. Planning an Official Trip………………………………………………………………. 3-4

3.1. Compensation……………………………………………………………………… 3-4

3.2. Registration………………………………………………………………………… 4

3.3. Transportation………………………………………………………………………4- 5

3.4. Lodging………………………………………………………………………………5

3.5. Meals…………………………………………………………………………………5-6

3.6. Prohibited Expenses……………………………………………………………….. 6

3.7. Personal Travel…………………………………………………………………….. 6

3.8. Illness While Traveling……………………………………………………………. 6

4. Payments and Reimbursements……………………………………………………….. 7

4.1. Payment Options……………………………………………………………………7

5. Final Accounting and Reconciliation………………………………………………….. 7-8

5.1. Maintaining Documentation………………………………………………………. 7-8

5.2. Expense Reporting…….……………………………………………………………8

6. Falsification of Expenses……………………………………………………………….. 8

7. Forms and Publications………………………………………………………………… 9

7.1. IRS Publications…………………………………………………………………….9
Travel Authorization and Advance Form (prior to travel) EXAMPLE.…………….10 Travel Expense and Reconciliation Form (return from travel) EXAMPLE………..11 259
City of SLT Financial Policies – Travel 2 August 2022

1. GENERAL STANDARDS:

The purpose of this policy is to document allowable business travel expenses eligible for reimbursement. These include necessary and reasonable expenses as defined under Section 162 of the Internal Revenue Code for purposes of Federal and State Income Tax Laws. This policy applies to all travel expenses regardless of the source of funds. “Out-of-town travel” means travel on City business away from the normal workplace or residence and requires an overnight stay. Out-of-town travel expenses include transportation, meal and incidental per diem, lodging, and other travel related allowable expenses.

Adoption and Implementation: The City Council is responsible for adopting the City's Travel Policy and for approving any significant policy revisions. The City Manager, or his/her designee, is responsible for developing administrative procedures to implement this policy. In this role, the City Manager is authorized to make minor administrative changes in the guidelines without significant policy impacts. Updates to Per Diem and Mileage rates may be made periodically in accordance with Federal General Services Administration (G.S.A) established rates.

Public Records Requirement: All documents related to reimbursable City travel expenditures are public records and may be subject to disclosure under the California Public Records Act (Government Code §6250-6270).

Employees and City Officials are responsible for exercising good judgment in requesting, arranging, and reimbursing a business trip. Accordingly, the basic standard that should prevail is to provide prudent stewardship of public funds and the City's resources.

2. TRAVEL AUTHORIZATION:

All employees must receive authorization for travel from their Department/Division Head prior to scheduling a trip. In addition, all requests for out-of-state travel must be approved by the City Manager prior to taking the trip. Authorization may be granted when travel funds are available in the Department’s approved budget. All employees must have the Travel Authorization and Advance (T.A.A) Form completed and signed by their Department or Division Head prior to booking or paying for travel.

Requests for advances, per diem for meals and incidentals, and support for all expenses directly paid to the vendor must be included on the approved T.A.A Form.

2.1. DELEGATION OF AUTHORITY
Finance Director for: City Manager
City Manager approves for: Direct Report Employees, Department Heads, & City Clerk/ Elected Officials
Department Heads approve for: Division Managers, City Employees Division Managers approve for: Direct Report Employees
260
City of SLT Financial Policies – Travel 3 August 2022
The Authorized Signor is responsible for determining the cost to be reasonable and justified, assuring the following:

1. The purpose cannot be accomplished by internet, mail, or telephone.

2. The seminar, meeting, or conference is necessary to accomplish key City goals/objectives and is unavailable locally if overnight accommodations are required.

3. The minimum number of City staff members will be going.

4. The itinerary ensures accomplishment of the purpose at the lowest reasonable cost.

5. The traveler understands and follows these guidelines.

6. There is enough budget in the appropriate travel line item to cover the costs.

7. A Travel Expense Reconciliation Form with all substantiated receipts will be submitted.

2.2. ALLOWABLE EXPENSES
Expenses incurred in connection with the following activities generally constitute authorized expenses when guidelines of this policy are met:

1. Communicating with representatives of regional, state, and national government on City adopted policy positions.

2. Serving on professional organizational/governmental committees, boards, or task forces.

3. Attending educational seminars, conferences, or organized educational activities designed to improve skill levels or provide information on topics important to City policy and operations.

4. Preparing research for City projects or implementing adopted City plans, policies, goals, or programs.

5. Attending meetings involving activities or decisions important to City interests and are consistent with adopted plans, policies, goals, or programs.

6. Attending events where the City is a formal sponsor or participant, or in performance of official duties for the City.

7. Communicating with individuals or representatives of community groups on policy positions adopted by or under consideration by the City.

8. Engaging in other business-related activities with a direct connection to the implementation of adopted City plans, policies, goals, or programs.

3. PLANNING AN OFFICAL TRIP:

3.1 COMPENSATION
When travel time exceeds the normal work week and the operating MOU allows, the City’s rules for overtime apply. In determining overtime compensation, normal commute time 261
City of SLT Financial Policies – Travel 4 August 2022
should be deducted from the total time traveled. Additionally, normal unpaid meal periods are not considered work time when traveling. Overtime eligibility applies equally to drivers and passengers and should be granted whether the travel occurs during normal workdays, weekends, or evenings.

3.2 REGISTRATION
Fees charged for registration at any convention, meeting, or training are reimbursable with prior approval. Registration fees can be paid with a Cal-Card, requested as an advance with documentation of published rate, or reimbursed with itemized receipt if the employee pays for the registration on their own.

3.3 TRANSPORTATION
Transportation at the Destination- Use of public transit such as intercity trains, buses, streetcars, or ridesharing etc. is appropriate. If a car rental is required, attach a quote from the most reasonably priced rental car company for an advance check, use your Cal Card for payment, or attach an itemized receipt for reimbursement.

Air Travel- All air travel on City business should be coach class. Compare airline carriers prior to making reservations to ensure the most competitive rates are available to the City.

Traveling by Automobile- Traveling by a City vehicle is the most ideal. If one is not available or a personal car is preferred, approval of the Authorized Signor is required.

City Vehicle: When using a city vehicle, reimbursement for gas expenses is appropriate.

Due to liability concerns, non-City employees/officials including spouses, children, and guests should not ride as passengers in City vehicles.

Personal Vehicle: When using a personal vehicle for travel; reimbursement at the current approved IRS Mileage rate (2022 rate of 62.5 cents per mile) will be provided. "Google Maps" or other mapping sites must be used in determining mileage reimbursements. The City will not reimburse for non-business-related mileage such as a personal stop or an indirect route taken for personal reasons.

Mileage in-lieu of Commercial Carrier Costs: In the event a commercial carrier such as an airplane would otherwise be the preferred mode of transportation, but a personal car is preferred (subject to the approval guidelines set forth above), mileage will be reimbursed up to the cost of a commercial carrier.

To drive a privately-owned vehicle on City business it is required to:

1. Possess a valid license to drive in California.

2. Carry liability insurance limits required by Human Resources with the City named as additional insured.
262
City of SLT Financial Policies – Travel 5 August 2022

3. Realize that any damage to the car or needed service/repair occurring on the trip will be your responsibility as these costs are included in the City's per mile cost reimbursement.

3.4 LODGING
Accommodations- The City will pay for a single room (including taxes and parking) for as many nights as necessary. The accommodations used should be economical but practical. In general, choose the most reasonably priced accommodations available consistent with the purpose, goals, and convenience of travel.

Canceling a Reservation- Cancel any reservation that cannot be used. If the City is charged for an unused reservation, the employee will pay the charge unless circumstances requiring cancellation were reasonably beyond control and approved by the Authorized Signor.

3.5 MEALS
Please note: Procurement cards (CAL-Card) cannot be used for meals while traveling.

Please see Section 8 (Restricted and prohibited purchases) of the Cal-Card User Handbook.

To qualify for meal allowance:

1. Travel must be to an overnight destination outside of the City limits.

2. Meal expenses will be paid on a not to exceed per diem rate while traveling on official business as published by the Federal Government gsa.gov website under Per Diem Rates.

3. The per diem will generally be paid in advance of travel (receipts not required).

Where a timely per diem request is not submitted (within 10 days prior to travel) and/or as determined by the employee’s department head; a reimbursement of meal expenses may be submitted after travel (requires submittal of receipts).

4. Reimbursement in excess of allowable standard Federal Per Diem rate is taxable and must be reported on an employees’ W-2 as wages. Therefore, under no circumstances may the cost of meals exceed the per diem rates allowed under this policy.

Employee is responsible for meal costs above current approved per diem rate.

5. Employees may not claim meals provided by the event or included in hotel costs or conference fees.

6. Meals must be accounted for upon your return on the Travel Expense and Reconciliation (T.E.R) Form. No receipts are required for advance per diem payments. All reimbursed meal expenses require attached receipts.

Current Per Diem rates for 2022 for South Lake Tahoe are as follows:

Breakfast: $17.00
Lunch: $18.00
Dinner: $34.00
Incidental Expenses: $5.00 (payable full day)
263
City of SLT Financial Policies – Travel 6 August 2022
Total M&IE allowable payment for a full day (excess of 12 hours): $74 First & Last Day of Travel (less than 12 hours): $55.50* * per GSA allowable Per Diem rates, the first and last day of travel may be received at 75% of total M&IE, this amount is only allowed on first and last travel days.

Rates are subject to change per Federal Government General Services Administration (GSA) www.gsa.gov/perdiem.

3.6 PROHIBITED EXPENSES
Examples of prohibited expenditures include but are not limited to:
• Alcohol/narcotics
• Toiletries/medicines
• Car repair/traffic citations (parking tickets, toll fines) • Credit card interest charges
• Pet hotel fees, Health club fee/ spa treatments
• Fees for upgrades of air, hotel, or auto
• Headphones or extra incidentals on airlines
• Laundry/dry cleaning
• Movies/entertainment (in-room or off-site)
• Sporting events, theater, or cinema
• Personal expenses/spouse or guest expenses

3.7 PERSONAL TRAVEL
If time is taken away from official business for personal matters, or return is delayed after completing the business trip, reimbursement will not be provided for expenses incurred during that time. Pre-approval is required when combining business and personal travel. If this extended period occurs during regular scheduled work hours, the time will be counted as vacation, comp time, paid time off, or leave without pay.

3.8 ILLNESS WHILE TRAVELING
Should an employee/official become sick or ill during a travel business trip, reimbursement will be provided for necessary additional living expenses (except those directly related to your illness, such as physician or hospital costs) until the employee can return home.

Employees are required to notify the supervisor or Authorized Signor as soon as possible of becoming ill. If applicable, the time will be counted as sick leave or paid time-off during your normally scheduled work hours.

4. PAYMENTS AND REIMBURSEMENTS:
264
City of SLT Financial Policies – Travel 7 August 2022
The City will pay all legitimate expenses of your trip or meeting. These include transportation, lodging, registration fees, meals and any other related expenses such as parking, baggage fees, and bridge tolls if they are for official business and within the guidelines of this policy.

4.1 PAYMENT OPTIONS
Direct Vendor Payments: Direct payments made by the City to an organization to pay for specific costs related to a trip, usually registration fees, lodging and airfare. To obtain direct vendor payments, complete the appropriate sections of the T.A.A. Form and attach payment information for all direct payments. Retain a copy of the completed form to assist in reconciling actual expenses.

Cal Cards may be used to pay vendors directly for travel expenses, upon approval with completed T.A.A from. Receipt of payment on a Cal Card must be submitted with both the Travel Expense and Reconciliation (T.E.R.) Form and Cal Card Statement. Payment for travel meals on a Cal Card is prohibited.

Cash Advances: Advance payments can be provided to an employee prior to travel to cover expenses including per diem for meal expenses, Hotel Registration, Transportation etc. To request cash advance, the Authorized Signor must review the amount ensuring it is reasonable and within the current Approved Per Diem Rates and department budget.

Employees must submit a T.E.R. Form to Accounts Payable with final reconciliation documenting all expenses and attaching receipts. Meals must be accounted for although receipts are not required if the employee received a per diem advance.

Reimbursements: Upon return, account for all expenses incurred on the T.E.R. Form attach substantiated receipts for all expenses and obtain proper approval from the Authorized Signor. Reimbursements will be processed within ten (10) days of submittal to Accounts Payable.

5. FINAL ACCOUNTING AND RECONCILIATION:

5.1 MAINTAINING DOCUMENTATION
• Maintain a detailed record of all expenses incurred during travel: meals, transportation/mileage, lodging, car rentals, parking fees, registration fees, and any other reasonable and necessary expenses to assist with final reconciliation. • Detailed receipts must be submitted for all expenses except when receiving advanced per diem for meals. Failure to provide such documentation will result in denial of reimbursement.
• In the event receipts are not available, provide a written explanation, description and cost of the expense to your Authorized Signor for approval, submit this documentation with your T.E.R. Form to Accounts Payable. The City reserves the 265
City of SLT Financial Policies – Travel 8 August 2022
right to require additional approval of the City Manager, where necessary or deny the reimbursement.

5.2 EXPENSE REPORTING
Within 10 days of return, employees must submit a T.E.R. Form to Accounts Payable with final reconciliation and receipts documenting all expenses. Failure to return this form will result in repayment to the City of any advanced funds and/or denial of reimbursement for expenses not accounted for in this manner.

Per IRS Section 15: to be excluded from taxable wages your T.E.R Form must include the following:
• The business purpose of the trip
• The date and place of the trip
• Receipts for lodging, and all travel expenses
• Receipts for meals if requesting reimbursement
Authorized Signor approving expense reports are responsible to ensure:

1. All expenses are reasonable, necessary and consistent with this policy.

2. All required itemized receipts are attached.

3. The final reconciliation is correct (balance due employee; balance due City).

4. Amounts due to the City are reimbursed within 10 days.

5. Final accounting on T.E.R. Form is submitted to Finance.

6. FALSIFICATION OF EXPENSES:

Submitting fraudulent receipts or falsifying a Travel Expense Reconciliation Form will result in loss of reimbursement privileges and may lead to disciplinary action up to and including termination of employment.

The City of South Lake Tahoe reserves the right to deny reimbursement of expenses that are considered lavish, extravagant, or are unsupported by required documentation. Unusual expenses incurred due to special circumstances may be approved by the City Manager, if those expenses do not violate Federal or State requirements and when in the City Manager’s judgment, such expenses are justified. These expenses must be submitted on a Travel Expense Reconciliation Form supported by documentation and written explanation of circumstances, signed by Department Head and City Manager.

7. FORMS AND PUBLICATIONS:

The following forms are required when traveling for City business:

1. Prior to booking and paying for travel: Travel Authorization and Advance Form (T.A.A.F.).
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City of SLT Financial Policies – Travel 9 August 2022

2. Return from travel: Travel Expense and Reconciliation Form (T.E.R.F.).

3. Examples to assist in filling out these forms is located on the next page.

4. Blank forms are located in Outlook, Public Folders, Finance Dept., Travel-Training Polices. Updated Aug. 2022.

7.1 INTERNAL REVENUE SERVICE (IRS)
For additional information or clarification, refer to the following IRS publications. • IRS Publication 15-B, Employers Tax Guide to Fringe Benefits for tax reporting requirement
• IRS Publication 463, Travel, Entertainment, Gift and Car Expenses • IRS Publication 5318, Tax Cuts and Jobs Act, tax reform 2017

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City of SLT Financial Policies – Travel 10 August 2022
Financial Management - Travel Policy

CITY OF SOUTH LAKE TAHOE

TRAVEL AUTHORIZATION AND ADVANCE FORM

PRE TRAVEL REPORTING
This form should be completed in legible handwriting or in Excel using the City's standard template prior to booking or paying for travel.

EXAMPLE

PURPOSE OF TRAVEL
Employee Position
First & Last Name Employee Title
Destination Total Cost of Travel
San Fransico, CA $ 1,290.72

ITINERARY
Departure From: Date/Time Arrival To: Date/Time
City Offices, address 6/1/2022 12:30 San Francisco, ABC Hotel 6/1/2022 16:30

ESTIMATED COST SUMMARY
Description Vendor Payment Method* Account Number Paid/ Reimb Advance Registration ABC Conference D (Cal Card) 100 xxxxx 44050 $ 100.00 Air Fare N/A
Lodging C Hotel (3 nights + park R (Reimbursement) 100 xxxxx 44050 $ 735.84 Rental Car N/A
Mileage- Personal Vehicle*6.6 miles (188.3 each w A (Advance) 100 xxxxx 44051 235.38 Gasoline- City Vehicle
Parking
Misc.
$ 835.84 $ 235.38
* D= Direct Vendor Payments, A= Advance, R= Reimbursement ** 2022 IRS rate is 62.5 cents ($0.625) per mile. Attach documentation used in determining anticipated mileage.

ESTIMATED COST SUMMARY CONT. (MEALS)
Account Number: 100 xxxxx 44050
Date/ Meal Type Amount
If two meal periods will be incurred put $55.50:

If only one meal period will be incurred use individual meal rates: 6/1/22 Dinner 34.00 Full Day of Travel: Put number of full calendar travel days x $74.00 or deduct meals 6/2/22 Full Day 74.00 included in registration, hotel, or provided by event 6/3 (breakfst/dinner) lunch incl 56.00 If two meal periods will be incurred put $55.50: 6/4 2 meal periods (Breakfast & Lunch) 55.50 If only one meal period will be incurred use rates below:

Individual Meal Rates: Breakfast $17.00, Lunch $18.00, Dinner $34.00, $5.00 incidentals ($74.00 full day) $ 219.50 First & Last Day of Travel: Calculated at 75% of total daily meals & incidentals.

SUM OF ADVANCES AND PER DIEM OWED TO EMPLOYEE: $ 454.88

APPROVALS
Employee Date Authorized Signor Date
printed employee name date submitted Supervisor or Dept Head date signed Instructions
First Day of Travel:

Last Day of Travel:

Attend the 2022 Annual ABC Conference in San Francisco, CA to learn of recent developments in xxxxxxxxx to assist my derpartment in xxxxxxx.

Conference begins 9:00 AM on Juned 2nd and ends 12:00 AM on June 4th.

Department
City Department
No. of Days (including first/last)
3 Note: Calculation of daily meal per-diem must be in compliance with IRS regualtions using Federal GSA rates. Follow the calculation below to request proper amounts. If meals are included with registration or hotel fees make sure to deduct them from the calculation. 268
City of SLT Financial Policies – Travel 11 August 2022
Financial Management - Travel Policy

CITY OF SOUTH LAKE TAHOE

TRAVEL EXPENSE AND REIMBURSEMENT FORM

POST TRAVEL REPORTING
This form should be completed in legible handwriting or in Excel using the City's standard template.

EXAMPLE

RECAP OF TRAVEL
Employee Name Department Location Date Left Date Returned Total Cost of Travel First & Last Name City Department ABC Conf. San Francisco, CA 6/1/2022 6/4/2022 $ 1,290.72

ACTUAL COSTS INCURRED
Description Vendor Payment Method* Account
Number Amount Paid Amount Due- Attach
Itemized Receipts
Registration ABC Conference D (Cal Card) 100 xxxxx 44050 $ 100.00 Air Fare
Lodging ABC Hotel R- Personal Credit Card 100 xxxxx 44050 $ 735.84 Rental Car
Meals** A- Advanced Per Diem 100 xxxxx 44050 $ 219.50
Mileage- Personal Vehicle*** 376.6 miles (188.3 each way) A (Advance) 100 xxxxx 44051 $ 235.38 Gasoline- City Vehicle
Parking
Misc.
$ 554.88 $ 735.84
* D= Direct Vendor Payments, A= Advance, R= Reimbursement ** If a per diem was received prior to travel, fill in total received in the amount column. *** 2022 IRS rate is .625 per mile. Attach documentation used in determining mileage reimbursement. **** All Reimbursements require itemized receipts attached.

ACTUAL MEAL COSTS INCURRED: If meal Per Diem was received as an Advance, leave the section below blank.

DATE BREAKFAST LUNCH DINNER
Individual Meal Rates: Breakfast $17.00, Lunch $18.00, Dinner $34.00 $ - SUM OF REIMBURSEMENTS OWED TO EMPLOYEE: $ 735.84

APPROVALS
Employee Date Authorized Signor Date
Note: If requesting reimbursement for meals, attach itemized receipts for all meal periods. The City will only reimburse up to the Federal G.S.A Per Diem amounts. $5.00 Per Diem Incidental rate not applicable for Reimbursement. 269
City of SLT Financial Policies – Local Training 1 AugustJanuary 2022

FINANCIAL MANAGEMENT

LOCAL TRAINING AND MEETING POLICY
These guidelines establish the basic policies and procedures for local travel, training, and meeting expenses required for City business; NOT requiring an overnight stay. All City employees and City officials utilizing public resources for City business purposes are responsible for knowing and following this policy.

TABLE OF CONTENTS
This policy is organized into the following seven sections: Page

1. General Standards…………………………………………………………….………… 2

2. Delegation of Authority …………………………………………………….……………2

3. One Day Travel…………………………………………………………………….……. 3

3.1. Local Meeting and Training …………………………………………………….…... 3

3.2. Transportation Costs …….………………………………………………….………...3

3.3. Local Travel Meals…………….……………………………………………….….….4

4. Local Business and Meeting …………….….………………………………….……..... 4

4.1. Special Events ….…………………………………………………………..….……...5

4.2. Staff Meetings……………………….…………………………………………….…..5

4.3. Interagency Business Meetings and Training……….……………………….….…….6

4.4. Unallowable Business Expenses………………………………..………….…………7

4.5. Current Per Diem Rates …………………………………..………………….……… 7

5. Accounting for Expenses………………………………………………………………7-8

5.1. Falsification of Expenses …….……..……………………………………………….. 8

6. Forms and Publications ..………………………………………………………………. 9

6.1. IRS Publications and CA Gov’t Code………………………………….….…………9 270
City of SLT Financial Policies – Local Training 2 AugustJanuary 2022

1. GENERAL STANDARDS:

The purpose of this policy is to provide guidance on the reimbursement of Local Travel, Training, Meeting, and/or Business Expenses incurred on official business within the local area of an employee’s official worksite or for travel not requiring an overnight stay. These include necessary and reasonable expenses as defined under Section 162 of the Internal Revenue Code for purposes of Federal and State Income Tax Laws.

This policy covers local business expenses and transportation. It does not cover business trips where there is an overnight stay involved. This is addressed in the Travel Policy. “Local travel” means travel necessary to conduct official business and is performed by the most direct route within and adjacent to an employee’s official worksite which does not require an overnight stay. This is considered “one-day” travel.

Adoption and Implementation: The City Council is responsible for adopting the City's Local Travel, Training, and Meeting Policy and for approving any significant policy revisions. The City Manager, or his/her designee, is responsible for developing administrative procedures to implement this policy. In this role, the City Manager is authorized to make minor administrative changes in the guidelines without significant policy impacts.

Public Records Requirement: All documents related to reimbursable City expenditures are public records and may be subject to disclosure under the California Public Records Act (Government Code §6250-6270).

General Policy: Public funds should be used only for activities related to the City’s primary mission of providing quality public service. Public funds should not be used for purposes that are personal in nature or that do not have a clear business purpose.

2. DELEGATION OF AUTHORITY:

The Authorized Signor is accountable for determining the use of public funds to be reasonable and justified by the purpose of the one-day travel, meeting, training or conference and responsible to review and approve Reimbursement Request Forms, Cal-Card Statements, as well as understanding the requirements of this policy.

Finance Director approves for: City Manager
City Manager approves for: Direct Report Employees, Department Heads, & City Clerk/Elected Officials
Department Heads approve for: Division Managers, City Employees Formatted: Top: 1"
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City of SLT Financial Policies – Local Training 3 AugustJanuary 2022 Division Managers approve for: Direct Report Employees

3. ONE-DAY TRAVEL:

All employees must receive permission for local travel and/ or training from their Department/Division Head prior to scheduling time away from their normal worksite.

3.1. LOCAL MEETING AND TRAINING COSTS
The City will direct pay or reimburse expenses incurred when attending meetings, trainings or conferences held locally, subject to the following:
• Registration fees, or other cost of attendance- employees can request direct payment to vendor, use a Cal Card, or be reimbursed upon completion. • Department/Division Head should ensure there is enough budget in the appropriate expense line item to cover the costs.
• A Payment Request Form with all substantiated receipts must be submitted.

3.2. TRANSPORTATION COSTS
The most cost-effective means of transportation should be used while on City business. Staff is encouraged to use a City Vehicle for local travel.
• City Vehicle - If a City vehicle is used, employees are encouraged to obtain fuel at the Corporation Yard. If this option is unavailable, gas will be reimbursed with receipt upon return.
• Personal Vehicle: The employee will be reimbursed for mileage in accordance with current federal mileage rates. When an employee travels from home directly to a business-related event, the reimbursement shall include only those miles from the employees’ normal place of work on that day. To drive a privately-owned vehicle on City business, employees are required to:

1. Possess a valid license to drive in California.

2. Carry liability insurance limits required by Human Resources with the City named as additional insured.

3. Realize that any damage to the car or needed service/repair occurring on the trip will be the employees responsibility as these costs are included in the City's per mile cost reimbursement.
• Vehicle Allowance: Employees receiving a Vehicle Allowance are not eligible for mileage reimbursement or use of a City car for travel to locations that are less than 60 miles from their destination.
272
City of SLT Financial Policies – Local Training 4 AugustJanuary 2022 • Parking will be reimbursed at the lowest rate available. Receipts for parking, should accompany all reimbursement claims.

3.3. LOCAL TRAVEL MEALS
Per IRC §162(a)(2) IRS Publication 15:

Meals Away From Tax Home But Not Overnight are taxable as wages to the employee because travel must be away from the home work-site overnight to be excludable.

Example: An employee is required to work off-site for the day but not overnight; these meals would be considered taxable as wages.
 City employees shall be expected to provide their own meals and refreshments while working offsite or attending meetings, trainings, and conferences for which no overnight travel is required. One day travel meals will not be reimbursed.

4. LOCAL TRAINING , BUSINESS AND MEETING EXPENSES:

This section defines the circumstances under which a staff member or elected official can be reimbursed for business or meeting expenses not related to local or overnight travel, incurred on behalf of official business for the City of South Lake Tahoe.

Please note: Procurement cards (CAL-Card) cannot be used as payment for meals. Please see Section 8 (Restricted and prohibited purchases) of the Cal-Card User Handbook.

The ONLY exceptions are the following:
1) Meals provided on City premises to City Council and required staff during official City Council or other legislative meetings requiring officials to remain on-site throughout a meal period.
2) De Minimis (Light) snacks and refreshments for on-site trainings, meetings, or interview panels held on City premises. For example (coffee, juice, snacks) 3) Meals for employees required to perform their job duties in excess of 12 hours providing direct benefit to the City, in Emergency operations or protection of human life or property. The Finance Director and the City Manager may authorize Cal-Card payment, reimbursement or Per Diem expenses for employees in this circumstance (Federal OAS 5770.1). The City Manager must 273
City of SLT Financial Policies – Local Training 5 AugustJanuary 2022 authorize in writing the need to incur this type of expense along with documentation and receipts as required in this policy.

4.1 SPECIAL EVENTS
The City will reimburse expenses incurred for such meetings and hospitality as determined by the City Council to be appropriate. Costs for such special occasions will be determined by specific Council action authorizing such events (ex: July 4th Parade, Business Expo., etc.) Employee Appreciation – Occasional parties, picnics, events, or meals to promote goodwill is allowable via direct payment or reimbursement, subject to available budget, Finance Director authorization, and the following criteria:
• The offer is extended to all employees/guests in the Department/ Division requesting the event.
• Authorized Payment Request form and all substantiated receipts must be submitted for reimbursement detailing date, time, location, reason for celebration, number of employees and meals provided.
• Cost must not exceed current Per Diem Rates for meal provided, per attendee. • Alcohol is not an allowable city expense and will not be reimbursed or paid for with City funds.

4.2 STAFF MEETINGS
On-Site Staff Meetings- De Minimis (light) meals and refreshments may be reimbursed for staff meetings held on City premises. For example (coffee, soft drinks, doughnuts, snacks) Off-Site Staff Meetings – On Occasion (not more than 3 times/year), Department Heads may find it beneficial to schedule off-site working meals to facilitate project planning or staff meetings. In such cases, it shall be at the discretion of the Finance Director and/or City Manager to use City funds to conduct business in this manner with available department budget per the following conditions:
• Meals must not exceed current Federal Per Diem rates per person. • Meals must be provided to more than half (50%) of the Department and attended by the staff member conducting the meeting.
274
City of SLT Financial Policies – Local Training 6 AugustJanuary 2022 • Meals will NOT be reimbursed for a meeting solely between employees (must be 50% or more of departmental staff in attendance).
• Substantiated receipts and all other expenses associated with this meeting must be attached to a detailed Payment Request form signed by the Director of Administrative Services and including the following information:
1) date, time and location of the meeting
2) describe the need/purpose for the off-site meeting
3) reason the meal had to be served during the meeting
4) names of staff members present

4.3 INTERAGENCY BUSINESS MEETINGS AND TRAINING
On-Site Business Meetings/ Training: The city will pay for certain costs associated with an employee or City Official to attend or host a business meeting, training, or conference held on City premises, subject to the following:

• Printed materials, general office supplies, required training materials and supplies. • De Minimis (light) snacks and refreshments (coffee, soft drinks, doughnuts, snacks).

Off-Site Business/ Interagency Meeting: Public funds should only be used for business activities related to the City’s primary mission of providing quality public service. Public funds should not be used for purposes that are personal in nature or that do not have a clear business purpose. In general, the use of public funds for business meeting meals should be kept to a minimum.
“Off-Site” includes any facility, restaurant, food and beverage establishment, conference room, or location in lieu of a City owned facility.
“Interagency Meetings” are beneficial meetings used to discuss items of mutual interest between agencies, to promote cooperative efforts that not only benefit the agencies involved but the City as a whole.
• Cost of renting conference or meeting space while hosting a local meeting or training is allowable with Department Head approval and reasonable explanation as to why off-site accommodations are necessary.
• Employees may be reimbursed for “off-site” interagency business meeting meals when all the following criteria is met:

1. The main purpose of the combined business and meal is directly related to the active conduct of business regarding the City of South Lake Tahoe and business is conducted throughout the meal period.
275
City of SLT Financial Policies – Local Training 7 AugustJanuary 2022

2. It is justified that it was not practical or reasonable to schedule the meeting at a time other than a meal time.

3. Meals will only be reimbursed at the current Federal Per Diem Rate for the meal time the expense was incurred. Employee will be responsible for costs above the Per Diem Rate.

4. Itemized receipts and documentation (agenda, minutes, event brochures etc.) must be submitted with a Reimbursement Request Form signed by the Finance Director along with the following information:
a) date, time, location, names of those present at the meeting b) describe the need/purpose for the off-site meeting
c) reason the meal had to be served during the meeting
• Elected City Officials attending “off-site” business meetings, or events at the expense of the City, are subject to the requirements in California Government Code Article 2.3 Section 53232.3 and must adhere to the following:

1. Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.

2. Members of a legislative body requesting reimbursement for actual and necessary expenses incurred in the performance of official duties, must submit a detailed Reimbursement Request form subject to the requirements and documentation noted above.

4.4 UNALLOWABLE BUSINESS EXPENSES
• Expenses personal in nature, not related to conducting business for the City of South Lake Tahoe.
• Purchasing meals or entertainment for Vendors, Consultants, Suppliers, or Service Providers.
• Alcoholic Beverages
• Entertainment Expenses
• Meals purchased with a Cal Card is prohibited (see above for exceptions). • Unauthorized expenses or those not documented on an approved Payment Request Form.

4.5 CURRENT PER DIEM RATES
Current Per Diem rates in 2022 are as follows:

Breakfast: $17.00
Lunch: $18.00
Dinner: $34.00
Mileage: 62.5 cents $.585 per mile Formatted: Font color: Red 276
City of SLT Financial Policies – Local Training 8 AugustJanuary 2022 ** rates subject to change per Federal Government General Services Administration (GSA) www.gsa.gov/perdiem

5. ACCOUNTING FOR EXPENSES:

Upon return from official function, a final accounting of all expenses must be approved by your approving official and submitted to Accounts Payable within ten working days.

A detailed Reimbursement Request Form with substantiated receipts and/or mileage documentation is required in all cases. ; including Eexpenses paid with a Cal Card must be detailed on the Monthly Bank Card Purchase Report with itemized receipts attached.

Per IRS Section 15; to be excluded from taxable wages, your Payment Request Form or Cal Card Purchase Report must include the following:
• The business purpose of the meeting, training or conference (where applicable; attach meeting agenda, training registration, conference invitation etc.) • The date, time, and location
• Receipts for registration, parking and applicable meal expenses • Mileage documentation or gas receipts
• All other required documentation outlined in this policy • Submit detailed Payment Request Form to Accounts Payable signed by authorized signor within 10 days of Meeting or Event when requesting reimbursement and/or • Submit detailed Monthly Bank Card Purchase Report with Cal Card Statement for allowable expenses paid with a Cal Card.

Authorized Signor approving expense reports are responsible to ensure:
• All expenses are reasonable, necessary and consistent with this policy. • All required itemized receipts are attached.
• The final reconciliation is correct (balance due employee; balance due City). • Amounts due to the City are reimbursed within 10 days. • Final accounting on appropriate form is submitted to Finance.

Failure to provide the required documentation on the appropriate authorized forms necessitates the payments be taxable to the employee; therefore, the city will NOT reimburse any expenses without submittal of documentation in accordance with this policy.

5.1 FALSIFICATION OF EXPENSES
California Government Code
53232.4 Penalties for misuse of public resources or falsifying expense reports in violation of expense reporting polices may include, but are not limited to, the following:
277
City of SLT Financial Policies – Local Training 9 AugustJanuary 2022 (a) The loss of reimbursement privileges.
(b) Restitution to the local agency.
(c) Civil penalties for misuse of public resources pursuant to Section 8314. (d) Prosecution for misuse of public resources, pursuant to Section 424 of the Penal Code.

The City of South Lake Tahoe reserves the right to deny reimbursement of expenses that are considered lavish, extravagant, or are unsupported by required documentation. Unusual expenses incurred due to special circumstances may be approved by the City Manager, if those expenses do not violate Federal or State requirements and when in the City Manager’s judgment, such expenses are justified. These expenses must be submitted on a detailed Reimbursement Request Form supported by documentation and written explanation of circumstances, signed by Department Head, Finance Director and City Manager.

6. FORMS AND PUBLICATIONS:

The following forms are required when requesting reimbursement of expenses or when using a Cal Card.
• Payment Request Form
• Monthly Bank Card Purchasing Report (Cal Card)

6.1 INTERNAL REVENUE SERVICE (IRS)/ CA Gov’t Code
For additional information or clarification, refer to the following IRS publications. • IRS Publication 15-B, Employers Tax Guide to Fringe Benefits for tax reporting requirement
• IRS Publication 463, Travel, Entertainment, Gift and Car Expenses • IRS Publication 5318, Tax Cuts and Jobs Act, tax reform 2017 • California Code, Government Code AB1234– Gov §53232.3, §53232.4 278
City of SLT Financial Policies – Local Training 10 AugustJanuary 2022

PAYMENT REQUEST
Vendor#______________
Date Prepared: ____________ Comments/Notes: ________
___________________________
Pay To: _______________________________
_______________________________
_______________________________
_______________________________
Due Date: _______________

ACCOUNT
NUMBER

DESCRIPTION
PO
NUMBER

INVOICE
DATE

INVOICE
NUMBER

TOTAL PER

ACCOUNT

INVOICE

279
City of SLT Financial Policies – Local Training 11 AugustJanuary 2022 TOTAL PAYMENT: $________________

APPROVED: ____________________________
APPROVED: ____________________________ Budget Available: ________ APPROVED: ____________________________ Reimbursable: ____________ Project/ Funding Source: _____________________________
Project/ Funding Source: _____________________________
280
City of SLT Financial Policies – Local Training 12 AugustJanuary 2022 Name: Card #:
*####
Dept / Div: Statement Date:

MONTHLY CALCARD PURCHASE REPORT
ATTACHMENT # DATE RECEIPT / INVOICE # VENDOR'S NAME DESCRIPTION OF PURCHASE ACCOUNT # TO BE CHARGED $ AMOUNT
OF

PURCHASE
(from
statement)

USE TAX

7.75% (if
tax was not included by
vendor)
$ AMOUNT
OF

PURCHASE
(including Use
Tax)
√ DISPUTED
ITEM
1 $ - 2 $ - 3 $ - 4 $ - 5 $ - 6 $ - 7 $ - 8 $ - 9 $ -
10 $ - 11 $ - 12 $ -
$ - $ - $ -
I certify that all purchases listed on this statement, unless noted in the "√ Disputed Item" column, are true and correct and were made for official City of South Lake Tahoe use. All goods or services have been received & payment is authorized. I.M.P.A.C. has been notified of all disputed items and a copy of the Cardholder Statement of Questioned Items is attached.

Cardholder signature: Date:

Approving official signature: Date:

Formatted TableFormatted: Right: 0.13", Top: 0.13", Width: 11",Height: 8.5"Formatted: Font: 12 pt, BoldFormatted: Indent: Hanging: 0.08" 281
City of SLT Financial Policies – Local Training 13 AugustJanuary 2022 Formatted Table
282
City of SLT Financial Policies – Local Training 14 AugustJanuary 2022 Name: Card #:
*####
Dept / Div: Statement Date:

ATTACHMENT # DATE RECEIPT / INVOICE # VENDOR'S NAME DESCRIPTION OF PURCHASE ACCOUNT # TO BE CHARGED $ AMOUNT
OF

PURCHASE
(from
statement)

USE TAX

7.75% (if
tax was not included by
vendor)
$ AMOUNT
OF

PURCHASE
(including Use
Tax)
√ DISPUTED
ITEM
1 $ - 3 $ - 4 $ - 5 $ - 6 $ - 7 $ - 8 $ - 9 $ -
10 $ - 11 $ - 12 $ -
$ - $ - $ -
I certify that all purchases listed on this statement, unless noted in the "√ Disputed Item" column, are true and correct and were made for official City of South Lake Tahoe use. All goods or services have been received & payment is authorized. I.M.P.A.C. has been notified of all disputed items and a copy of the Cardholder Statement of Questioned Items is attached.

Cardholder signature: Date:

Approving official signature: Date:

Formatted TableFormatted TableFormatted Table
283
City of SLT Financial Policies – Local Training 15 AugustJanuary 2022 • Formatted: Font: (Default) Times New Roman, 12 pt
Formatted: Normal, No bullets or numbering
284
City of SLT Financial Policies – Local Training 1 August 2022

FINANCIAL MANAGEMENT

LOCAL TRAINING AND MEETING POLICY
These guidelines establish the basic policies and procedures for local travel, training, and meeting expenses required for City business; NOT requiring an overnight stay. All City employees and City officials utilizing public resources for City business purposes are responsible for knowing and following this policy.

TABLE OF CONTENTS
This policy is organized into the following seven sections: Page

1. General Standards…………………………………………………………….….. …… 2

2. Delegation of Authority …………………………………………………….……….. …2

3. One Day Travel………………………………………………………………………… 3

3.1. Local Meeting and Training ………………………………………………………... 3

3.2. Transportation Costs …….………………………………………………….………..3

3.3. Local Travel Meals…………….……………………………………………….…… 4

4. Local Business and Meeting …………….….………………………………….…….... 4

4.1. Special Events ….…………………………………………………………..….……. 5

4.2. Staff Meetings……………………….………………………………………….. .…..5

4.3. Interagency Business Meetings and Training……….………………………….…….6

4.4. Unallowable Business Expenses………………………………..………….…………7

4.5. Current Per Diem Rates …………………………………..…………….. ….……… 7

5. Accounting for Expenses……………………………………………………….. ………7-8

5.1. Falsification of Expenses …….……..………………………………………………. 8

6. Forms and Publications ..………………………………………………………………. 9

6.1. IRS Publications and CA Gov’t Code………………………………….….…………9 Payment Request Form ………………………………………………………..…… 10
Monthly CalCard Purchase Report…………………………………………………..11
285
City of SLT Financial Policies – Local Training 2 August 2022

1. GENERAL STANDARDS:

The purpose of this policy is to provide guidance on the reimbursement of Local Travel, Training, Meeting, and/or Business Expenses incurred on official business within the local area of an employee’s official worksite, or for travel not requiring an overnight stay. These include necessary and reasonable expenses as defined under Section 162 of the Internal Revenue Code for purposes of Federal and State Income Tax Laws.

This policy covers local business expenses and transportation. It does not cover business trips where there is an overnight stay involved. This is addressed in the Travel Policy. “Local travel” means travel necessary to conduct official business and is performed by the most direct route within and adjacent to an employee’s official worksite which does not require an overnight stay. This is considered “one-day” travel.

Adoption and Implementation: The City Council is responsible for adopting the City's Local Travel, Training, and Meeting Policy and for approving any significant policy revisions. The City Manager, or his/her designee, is responsible for developing administrative procedures to implement this policy. In this role, the City Manager is authorized to make minor administrative changes in the guidelines without significant policy impacts.

Public Records Requirement: All documents related to reimbursable City expenditures are public records and may be subject to disclosure under the California Public Records Act (Government Code §6250-6270).

General Policy: Public funds should be used only for activities related to the City’s primary mission of providing quality public service. Public funds should not be used for purposes that are personal in nature or that do not have a clear business purpose.

2. DELEGATION OF AUTHORITY:

The Authorized Signor is accountable for determining the use of public funds to be reasonable and justified by the purpose of the one-day travel, meeting, training or conference and responsible to review and approve Reimbursement Request Forms, Cal-Card Statements, as well as understanding the requirements of this policy.

Finance Director approves for: City Manager
City Manager approves for: Direct Report Employees, Department Heads, & City Clerk/Elected Officials
Department Heads approve for: Division Managers, City Employees Division Managers approve for: Direct Report Employees
286
City of SLT Financial Policies – Local Training 3 August 2022

3. ONE-DAY TRAVEL:

All employees must receive permission for local travel and/ or training from their Department/Division Head prior to scheduling time away from their normal worksite.

3.1. LOCAL MEETING AND TRAINING COSTS
The City will direct pay or reimburse expenses incurred when attending meetings, trainings or conferences held locally, subject to the following:
• Registration fees, or other cost of attendance- employees can request direct payment to vendor, use a Cal Card, or be reimbursed upon completion. • Department/Division Head should ensure there is enough budget in the appropriate expense line item to cover the costs.
• A Payment Request Form with all substantiated receipts must be submitted. • If a Cal Card is used as payment, a Monthly Cal Card Purchase Report must be used with description/explanation of expenses and itemized receipts attached.

3.2. TRANSPORTATION COSTS
The most cost-effective means of transportation should be used while on City business. Staff is encouraged to use a City Vehicle for local travel.
• City Vehicle - If a City vehicle is used, employees are encouraged to obtain fuel at the Corporation Yard. If this option is unavailable, gas will be reimbursed with receipt upon return.
• Personal Vehicle: The employee will be reimbursed for mileage in accordance with current federal mileage rates. When an employee travels from home directly to a business-related event, the reimbursement shall include only those miles from the employees’ normal place of work on that day. To drive a privately-owned vehicle on City business, employees are required to:

1. Possess a valid license to drive in California.

2. Carry liability insurance limits required by Human Resources with the City named as additional insured.

3. Realize that any damage to the car or needed service/repair occurring on the trip will be the employees responsibility as these costs are included in the City's per mile cost reimbursement.
• Vehicle Allowance: Employees receiving a Vehicle Allowance are not eligible for mileage reimbursement or use of a City car for travel to locations that are less than 60 miles from their destination.
• Parking will be reimbursed at the lowest rate available. Receipts for parking, should accompany all reimbursement claims.
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3.3. LOCAL TRAVEL MEALS
Per IRC §162(a)(2) IRS Publication 15:

Meals Away From Tax Home But Not Overnight are taxable as wages to the employee because travel must be away from the home work-site overnight to be excludable.

Example: An employee is required to work off-site for the day but not overnight; these meals would be considered taxable as wages.
 City employees shall be expected to provide their own meals and refreshments while working offsite or attending meetings, trainings, and conferences for which no overnight travel is required. One day travel meals will not be reimbursed.

4. LOCAL TRAINING , BUSINESS AND MEETING EXPENSES:

This section defines the circumstances under which a staff member or elected official can be reimbursed for business or meeting expenses not related to local or overnight travel, incurred on behalf of official business for the City of South Lake Tahoe.

Please note: Procurement cards (CAL-Card) cannot be used as payment for meals. Please see Section 8 (Restricted and prohibited purchases) of the Cal-Card User Handbook.

The ONLY exceptions are the following:
1) Meals provided on City premises to City Council and required staff during official City Council or other legislative meetings requiring officials to remain on-site throughout a meal period.
2) De Minimis (Light) snacks and refreshments for on-site trainings, meetings, or interview panels held on City premises. For example (coffee, juice, snacks) 3) Meals for employees required to perform their job duties in excess of 12 hours providing direct benefit to the City, in Emergency operations or protection of human life or property. The Finance Director and the City Manager may authorize Cal-Card payment, reimbursement or Per Diem expenses for employees in this circumstance (Federal OAS 5770.1). The City Manager must authorize in writing the need to incur this type of expense along with documentation and receipts as required in this policy.
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City of SLT Financial Policies – Local Training 5 August 2022

4.1 SPECIAL EVENTS
The City will reimburse expenses incurred for such meetings and hospitality as determined by the City Council to be appropriate. Costs for such special occasions will be determined by specific Council action authorizing such events (ex: July 4th Parade, Business Expo., etc.) Employee Appreciation – Occasional parties, picnics, events, or meals to promote goodwill is allowable via direct payment or reimbursement, subject to available budget, Finance Director authorization, and the following criteria:
• The offer is extended to all employees/guests in the Department/ Division requesting the event.
• Authorized Payment Request form and all substantiated receipts must be submitted for reimbursement detailing date, time, location, reason for celebration, number of employees and meals provided.
• Cost must not exceed current Per Diem Rates for meal provided, per attendee. • Alcohol is not an allowable city expense and will not be reimbursed or paid for with City funds.

4.2 STAFF MEETINGS
On-Site Staff Meetings- De Minimis (light) meals and refreshments may be reimbursed for staff meetings held on City premises. For example (coffee, soft drinks, doughnuts, snacks) Off-Site Staff Meetings – On Occasion (not more than 3 times/year), Department Heads may find it beneficial to schedule off-site working meals to facilitate project planning or staff meetings. In such cases, it shall be at the discretion of the Finance Director and/or City Manager to use City funds to conduct business in this manner with available department budget per the following conditions:
• Meals must not exceed current Federal Per Diem rates per person. • Meals must be provided to more than half (50%) of the Department and attended by the staff member conducting the meeting.
• Meals will NOT be reimbursed for a meeting solely between employees (must be 50% or more of departmental staff in attendance).
• Substantiated receipts and all other expenses associated with this meeting must be attached to a detailed Payment Request form signed by the Finance Director and include the following information:
1) date, time and location of the meeting
2) describe the need/purpose for the off-site meeting
3) reason the meal had to be served during the meeting
4) names of staff members present
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City of SLT Financial Policies – Local Training 6 August 2022

4.3 INTERAGENCY BUSINESS MEETINGS AND TRAINING
On-Site Business Meetings/ Training: The city will pay for certain costs associated with an employee or City Official to attend or host a business meeting, training, or conference held on City premises, subject to the following:

• Printed materials, general office supplies, required training materials and supplies. • De Minimis (light) snacks and refreshments (coffee, soft drinks, doughnuts, snacks).

Off-Site Business/ Interagency Meeting: Public funds should only be used for business activities related to the City’s primary mission of providing quality public service. Public funds should not be used for purposes that are personal in nature or that do not have a clear business purpose. In general, the use of public funds for business meeting meals should be kept to a minimum.
“Off-Site” includes any facility, restaurant, food and beverage establishment, conference room, or location in lieu of a City owned facility.
“Interagency Meetings” are beneficial meetings used to discuss items of mutual interest between agencies, to promote cooperative efforts that not only benefit the agencies involved but the City as a whole.
• Cost of renting conference or meeting space while hosting a local meeting or training is allowable with Department Head approval and reasonable explanation as to why off-site accommodations are necessary.
• Employees may be reimbursed for “off-site” interagency business meeting meals when all the following criteria is met:

1. The main purpose of the combined business and meal is directly related to the active conduct of business regarding the City of South Lake Tahoe and business is conducted throughout the meal period.

2. It is justified that it was not practical or reasonable to schedule the meeting at a time other than a meal time.

3. Meals will only be reimbursed at the current Federal Per Diem Rate for the meal time the expense was incurred. Employee will be responsible for costs above the Per Diem Rate.

4. Itemized receipts and documentation (agenda, minutes, event brochures etc.) must be submitted with a Reimbursement Request Form signed by the Finance Director along with the following information:
a) date, time, location, names of those present at the meeting b) describe the need/purpose for the off-site meeting
c) reason the meal had to be served during the meeting
290
City of SLT Financial Policies – Local Training 7 August 2022 • Elected City Officials attending “off-site” business meetings, or events at the expense of the City, are subject to the requirements in California Government Code Article 2.3 Section 53232.3 and must adhere to the following:

1. Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.

2. Members of a legislative body requesting reimbursement for actual and necessary expenses incurred in the performance of official duties, must submit a detailed Reimbursement Request form subject to the requirements and documentation noted above.

4.4 UNALLOWABLE BUSINESS EXPENSES
• Expenses personal in nature, not related to conducting business for the City of South Lake Tahoe.
• Purchasing meals or entertainment for Vendors, Consultants, Suppliers, or Service Providers.
• Alcoholic Beverages
• Entertainment Expenses
• Meals purchased with a Cal Card is prohibited (see above for exceptions). • Unauthorized expenses or those not documented on an approved Payment Request Form.

4.5 CURRENT PER DIEM RATES
Current Per Diem rates in 2022 are as follows:

Breakfast: $17.00
Lunch: $18.00
Dinner: $34.00
Mileage: 62.5 cents per mile
** rates subject to change per Federal Government General Services Administration (GSA) www.gsa.gov/perdiem

5. ACCOUNTING FOR EXPENSES:

Upon return from official function, a final accounting of all expenses must be approved by your approving official and submitted to Accounts Payable within ten working days.

A detailed Reimbursement Request Form with substantiated receipts and/or mileage documentation is required in all cases. Expenses paid with a Cal Card must be detailed on the Monthly Bank Card Purchase Report with itemized receipts attached.

Per IRS Section 15; to be excluded from taxable wages, your Payment Request Form or Cal Card Purchase Report must include the following:
291
City of SLT Financial Policies – Local Training 8 August 2022 • The business purpose of the meeting, training or conference (where applicable; attach meeting agenda, training registration, conference invitation etc.). • The date, time, and location.
• Receipts for registration, parking and applicable meal expenses. • Mileage documentation or gas receipts.
• All other required documentation outlined in this policy. • Submit detailed Payment Request Form to Accounts Payable signed by authorized signor within 10 days of Meeting or Event when requesting reimbursement and/or; • Submit detailed Monthly Bank Card Purchase Report with Cal Card Statement for allowable expenses paid with a Cal Card.

Authorized Signor approving expense reports are responsible to ensure:
• All expenses are reasonable, necessary and consistent with this policy. • All required itemized receipts are attached.
• The final reconciliation is correct (balance due employee; balance due City). • Amounts due to the City are reimbursed within 10 days. • Final accounting on appropriate form is submitted to Finance.

Failure to provide the required documentation on the appropriate authorized forms, necessitates the payments be taxable to the employee; therefore, the city will NOT reimburse any expenses without submittal of documentation in accordance with this policy.

5.1 FALSIFICATION OF EXPENSES
California Government Code
53232.4 Penalties for misuse of public resources or falsifying expense reports in violation of expense reporting polices may include, but are not limited to, the following:
(a) The loss of reimbursement privileges.
(b) Restitution to the local agency.
(c) Civil penalties for misuse of public resources pursuant to Section 8314. (d) Prosecution for misuse of public resources, pursuant to Section 424 of the Penal Code.

The City of South Lake Tahoe reserves the right to deny reimbursement of expenses that are considered lavish, extravagant, or are unsupported by required documentation. Unusual expenses incurred due to special circumstances may be approved by the City Manager, if those expenses do not violate Federal or State requirements and when in the City Manager’s judgment, such expenses are justified. These expenses must be submitted on a detailed Reimbursement Request Form supported by documentation and written explanation of circumstances, signed by Department Head, Finance Director and City Manager.

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City of SLT Financial Policies – Local Training 9 August 2022

6. FORMS AND PUBLICATIONS:

The following forms are required when requesting reimbursement of expenses or when using a Cal Card.
• Payment Request Form
• Monthly Bank Card Purchasing Report (Cal Card)

6.1 INTERNAL REVENUE SERVICE (IRS)/ CA Gov’t Code
For additional information or clarification, refer to the following IRS publications. • IRS Publication 15-B, Employers Tax Guide to Fringe Benefits for tax reporting requirement
• IRS Publication 463, Travel, Entertainment, Gift and Car Expenses • IRS Publication 5318, Tax Cuts and Jobs Act, tax reform 2017 • California Code, Government Code AB1234– Gov §53232.3, §53232.4 293
City of SLT Financial Policies – Local Training 10 August 2022

PAYMENT REQUEST
Vendor#______________
Date Prepared: ____________ Comments/Notes: ________
___________________________
Pay To: _______________________________
_______________________________
_______________________________
_______________________________
Due Date: _______________

ACCOUNT
NUMBER

DESCRIPTION
PO
NUMBER

INVOICE
DATE

INVOICE
NUMBER

TOTAL PER

ACCOUNT

INVOICE
TOTAL PAYMENT: $________________

APPROVED: ____________________________
APPROVED: ____________________________ Budget Available: ________ APPROVED: ____________________________ Reimbursable: ____________ Project/ Funding Source: _____________________________
Project/ Funding Source: _____________________________
294
City of SLT Financial Policies – Local Training 11 August 2022 Name: Card #:
*####
Dept / Div: Statement Date:

MONTHLY CALCARD PURCHASE REPORT
ATTACHMENT # DATE RECEIPT /
INVOICE #

VENDOR'S
NAME

DESCRIPTION OF

PURCHASE
ACCOUNT # TO BE

CHARGED
$ AMOUNT
OF

PURCHASE
(from
statement)

USE TAX

7.75% (if
tax was not
included by
vendor)
$ AMOUNT
OF

PURCHASE
(including Use
Tax)
√ DISPUTED
ITEM
1 $ -
2 $ -
3 $ -
4 $ -
5 $ -
6 $ -
7 $ -
8 $ -
9 $ -
10 $ -
11 $ -
12 $ -
$ - $ - $ -
I certify that all purchases listed on this statement, unless noted in the "√ Disputed Item" column, are true and correct and were made for official City of South Lake Tahoe use. All goods or services have been received & payment is authorized. I.M.P.A.C. has been notified of all disputed items and a copy of the Cardholder Statement of Questioned Items is attached.

Cardholder signature: Date:

Approving official signature: Date:
295
City of SLT Financial Policies – Preserving Capital Investments 1 Rev. August 202218 Financial Policies:

Preserving Capital Investments - Fixed Assets
Capitalization and Inventory Control Policy
The City invests in capital assets such as property, plant, equipment, facilities and infrastructure. Preservation of such investments through regular maintenance and a long-term renovation plan is necessary to preserve the value of such capital investments. The City must also plan for the replacement of capital investments (particularly vehicles and equipment). The following policy requirements are intended to ensure the proper accounting and preservation of capital investments; and to provide a sound economic base for their replacement.

1. The budget should provide sufficient funding for adequate maintenance, renovation and the orderly replacement of capital assets such as equipment, fleet, facilities, streets and parks.

2. All capital assets should be maintained at a level that protects capital investment and minimizes future maintenance and replacement costs.

3. A five-year schedule of equipment replacement and maintenance needs, as well as facilities, streets and parks renovation and maintenance needs should be prepared on an annual basis. Expenditures consistent with such plans shall be included in annual budget appropriations.

A. Capital Assets Definition, Classes, and Capitalization Thresholds The City defines capital assets as any assets used in operations with an estimated useful life in excess of three years that have a value equal to or greater than the capitalization threshold for their respective asset class.

The Asset Classes and Capitalization Thresholds have been established as follows:

Asset Class Threshold
Land $50,000
Buildings/Building Improvements $50,000/$107,000
Improvements Other Than Buildings $107,000
Vehicles, Machinery, Specialty and Office Equipment $107,000 Intangibles $100,000
Infrastructure $200,000
Construction in progress $50,000
Lease purchase assets Use threshold for the
appropriate asset class
The threshold will generally not be applied to components of fixed assets.

296
City of SLT Financial Policies – Preserving Capital Investments 2 Rev. August 202218

1. Cost of Capital Assets
Capital Assets are recorded at historical cost or estimated historical cost if purchased or constructed. The cost should include ancillary charges necessary to place the asset into its intended location and condition for use.

Items to include in the cost of capital asset are as follows:
• Original contract or invoice price
• Freight and transportation charges
• Handling and storage charges
• In-transit insurance charges
• Sales, use, and other taxes imposed on the acquisition • Installation charges
• Charges for testing and preparation for use
• Site preparation costs
• Professional fees
• Capitalized interest should be included in the cost of a proprietary fund asset when it meets the criteria of Financial Accounting Standards Board No. 34.

The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized.

Donated capital assets are valued at their fair value on the date of donation.

2. Depreciating Capital Assets
Property, plant and equipment, depreciable infrastructure and intangible assets of the City shall be depreciated using the straight-line method and applying the half-year convention method over the following useful lives.

Asset Class Years
Buildings/Building Improvements 10-40
Improvements Other Than Buildings 3-10
Vehicles, Machinery, Specialty and Office Equipment 3-20 Intangibles (subject to depreciation/amortization) As limited by contractual or legal
provisions.

Infrastructure 10-40
It is the City’s policy that capital assets have no residual value at the end of their lives. Land, Construction-in-Progress and certain intangible assets are not depreciated. If the asset is disposed of before the end of its useful life, a half-year of depreciation is allowable for the year of disposition.

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City of SLT Financial Policies – Preserving Capital Investments 3 Rev. August 202218

3. Capital Assets Classes
Land
The surface of the earth, which can be used to support structures and roadways. Land is characterized as having an unlimited life (inexhaustible).

Includes the cost of land itself and the cost of preparing land for its intended uses. Examples of items that might be capitalized as part of the cost of land include basic site improvements (e.g., excavation, fill, and grading), as well as the cost of removing, relocating, or reconstructing the property of others (e.g., power lines).

Buildings and Building Improvements
A structure that is permanently attached to the land, has a roof, is partially or completely enclosed by walls, and is not intended to be transportable or moveable.

Improvements to existing buildings that materially extend the useful life of a building, increase the value of a building, or both should be capitalized. The improvement must meet one of the following criteria:
• The improvement adds square footage to the existing building. • The improvement is a major renovation that prepares an existing building for a new use.
• The improvement expenditure increases the life or value of the building by 25 percent of the original life or cost.

The cost of an improvement (or betterment) normally is added to the cost of the related structure, rather than treated as a separate asset.

Examples of expenditures to be capitalized as building improvements are as follows:
• Replacement of an old shingle roof with a new fireproof tile roof • Upgrade of heating and cooling systems
• Structures attached to the building such as covered patios, sunrooms, garages, carports, enclosed stairwells, etc.
• Structural changes such as reinforcement of floors or walls, installation or replacement of beams, joists, steel grids, or other interior framing.

The following are examples of expenditures not to capitalize as improvements to buildings. Instead, these items should be recorded as maintenance expense:
• Adding, removing and/or moving of walls relating to renovation projects that are not considered major rehabilitation projects and do not increase the value or life of the building
298
City of SLT Financial Policies – Preserving Capital Investments 4 Rev. August 202218 • Plumbing or electrical repairs
• Cleaning, pest extermination, or other periodic maintenance • Interior decoration, such as draperies, blinds, curtain rods, wallpaper • Maintenance-type interior renovation, such as repainting, touch-up, plastering, replacement of carpet, tile, or panel sections; sink and fixture refinishing, etc.
• Maintenance-type exterior renovation such as repainting, replacement of deteriorated siding, roof, or masonry sections • Replacement of a part or component of a building with a new part of the same type and performance capabilities, such as replacement of an old boiler with a new one of the same type and performance capabilities

Improvements Other Than Buildings
This major asset class is used for permanent (i.e., non-moveable) improvements, other than buildings, that add value to land, but do not have an indefinite useful life. Examples include fences, retaining walls, parking lots, and most landscaping. Moveable items (e.g., picnic table in a park) should be classified as furnishings and equipment.

Vehicles, Machinery, Specialty and Office Equipment
Fixed or movable tangible assets to be used for operations, the benefits of which extend beyond one year from date of acquisition and rendered into service.

Examples of expenditures to be capitalized in this class include but are not limited to:

Vehicles
Computers and servers
Machinery
Furniture and fixtures
Intangible Assets
Intangible assets are characterized as lacking physical form (e.g., computer software, water rights, easements, and patents). Certain intangibles provide benefits indefinitely. In that case, no amortization expense would be recognized. Intangibles with the length of their life limited by contractual or legal provisions should be amortized over the period stated in the provisions.

Easements are interest in land owned by another that entitles its holder to a specific limited use. The estimated value of easements is immaterial and therefore will not be capitalized.

A right-of-way is a type of easement in which title remains with the property owner and therefore is not capitalized.
299
City of SLT Financial Policies – Preserving Capital Investments 5 Rev. August 202218 Infrastructure
Long-lived capital assets that normally are stationary in nature and are of value only to the City. Include, but are not limited to: roads and streets, curbs, gutters, bridges, streetlights, sidewalks, streetscape, bike paths, storm-water drainage improvements, roadway resurfacing, basin and stream environment zone construction, ramps, airfields and runways in Airport Enterprise fund. For the purpose of reporting this major class is separated into subclasses, such as Streets, Bike Paths, Streetscape, Basin and SEZ Construction, and Runways.

Construction in Progress
This major class is used for costs incurred to construct or develop a tangible or intangible capital asset before it is substantially ready to be placed into service. The costs should remain in this category until all retention money has been paid (at which time the asset would be reclassified into the appropriate major class).

B. Capital Assets Accountability and Control
When capital assets are acquired or deeded to the City, copies of related documents shall be routed to the Finance Department in a timely manner to ensure these assets are recorded in the City’s financial records.

Department heads are ultimately responsible for safeguarding its fixed assets from theft or loss. However, the Finance Department does recognize and acknowledge its responsibility to establish and maintain systems and procedures that enable department heads and program managers to properly safeguard their assets.

In general, inventory control is applied only to movable fixed assets (generally these falling into the “Vehicles, Machinery and Equipment” category), and not to land, buildings, or other immovable fixed assets. Fixed assets subject to inventory control will be accounted for and controlled through the same systems and procedures used to account and control fixed assets subject to capitalization.

Fixed assets will be subject to inventory control if they meet at least one (1) of the following criteria:
a. The original cost of the fixed asset is equal to or greater than $107,000 if classified as equipment, $50,000 if classified as buildings or land, or $200,000 if classified as infrastructure.
b. Any asset less than the capitalization threshold, as recommended by the Finance Director. This may include certain machinery and equipment that, due to portability, value outside of the office, or character, are susceptible to theft and/or loss. It may include computer equipment and electronic devices such as laptops and iPhones, guns, weapons, and other movable items. Also included may be any asset requested by a department to be controlled in order to satisfy an internal (operational) or external 300
City of SLT Financial Policies – Preserving Capital Investments 6 Rev. August 202218 requirement. For example, the Finance Department (may wish to) tracks all computer hardware in order to establish replacement and upgrade requirements for both hardware and system software.
c. Any asset required to be controlled and separately reported pursuant to grant conditions or any other externally imposed reporting requirement.

Procedure: The goal is to tag all fixed assets that fall within the above categories without affecting the functionality or value of the product. Tags should be placed on the back of the equipment, somewhere where they can be found, but not necessarily stand out. The fixed asset addition form (Exhibit I) should be filled out as much as possible. A complete description of the asset should be obtained showing manufacturer, model, serial #, color and any other identifying criteria. The date purchased and cost should be entered when known. If not known, please estimate and mark (est.) after the data. It is understood that logistically some items cannot be tagged. These items still need to be inventoried and the information maintained in a department file.

Capital Assets Purchased with Federal Funds
Equipment (Capital Assets) purchased with Federal funds must follow Code of Federal Regulations CFR §200.313 and §200.439.

These guidelines can be found at the following link: https://www.ecfr.gov/cgibin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl.

1. Capital expenditures for special purpose equipment are allowable as direct costs, provided items with a unit cost of $5,000 or more have the prior written approval of the Federal awarding agency or pass-through entity.

2. Equipment must be used in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by the Federal award.

3. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award, until disposition takes place will, at a minimum, meet the following requirements:
• Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the FAIN), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property.
• A physical inventory of the property must be taken, and the results reconciled with the property records at least once every two years. 301
City of SLT Financial Policies – Preserving Capital Investments 7 Rev. August 202218 • Control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated.
• Adequate maintenance procedures must be developed to keep the property in good condition.
• If the City is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return.

See CFR §200.313 (e) Disposition, for guidelines.

Surplus property shall be identified by the department, officially declared to the City Council, and after approval, eliminated from the fixed asset accountability list and sold at auction or to any organization or non-employee willing to pay fair market price, Alternatively, the city council may elect to donate or destroy the same in accordance with whatever provision and/or terms and conditions the city council may, in its discretion, elect.

In the event any single item of property is less than $107,000, the finance director shall have the authority to sell, or dispose of such surplus supplies or equipment by donation to local schools or nonprofit organizations, or if surplus has no value, by disposal at a refuse company, Proceeds from sale of surplus property will be allocated to the City’s General fund or Vehicle Replacement fund unless the property was originally purchased under contractual obligations with monies from a specific fund, in which case, the proceeds will be returned to that fund.

Disposal of any real property shall be conducted in accordance with all applicable requirements of the Government Code, including but not limited to Government Code sections 50569, 65402, and 54220, et seq. Before disposing of any surplus property, the applicable department head shall ascertain the source of funds used to purchase the property and ensure that disposal will not violate any grant conditions or other applicable restrictions.

Accounting for Leases: Leases that do not transfer substantially all the benefits and risks of ownership are operating leases.

Capitalize a lease that transfers substantially all of the benefits and risks of property ownership, provided the lease is non-cancelable (only non-cancelable leases may be capitalized). One or more of four criteria must be met:

1. Transfers ownership to the lessee.

2. Contains a bargain purchase option.

3. Lease term is equal to or greater than 75 percent of the estimated economic life of the leased property.

4. The present value of the minimum lease payments (excluding executor costs) equals or exceeds 90 percent of the fair value of the lease property.

Account Coding: The account coding to be used for the purchase of capital outlay will be as follows:
302
City of SLT Financial Policies – Preserving Capital Investments 8 Rev. August 202218 For items costing $107,000 or more (these are considered Fixed Assets) use:

Object code # 46010 – Land
Object code # 46020 – Buildings and Building Improvements Object code # 46030 – Improvements Other Than Buildings Object code # 46110 – Machinery & Equipment ($7,000)
Object code # 46122 – Software
Object code # 46130 – Vehicles
Object code # 46140 – Furniture and Fixtures
For items costing less than $107,000 per unit (these are NOT considered Fixed Assets) use:

Object code # 46120 – Tools, Parts and Leases less than $107,000.

303
City of SLT Financial Policies – Preserving Capital Investments 9 Rev. August 202218 Attachments:

Exhibit I – Sample of Fixed Asset Addition Form

304
City of SLT Financial Policies – Preserving Capital Investments 10 Rev. August 202218 305
City of SLT Financial Policies – Preserving Capital Investments 1 Rev. August 2022 Financial Policies:

Preserving Capital Investments - Fixed Assets
Capitalization and Inventory Control Policy
The City invests in capital assets such as property, plant, equipment, facilities and infrastructure. Preservation of such investments through regular maintenance and a long-term renovation plan is necessary to preserve the value of such capital investments. The City must also plan for the replacement of capital investments (particularly vehicles and equipment). The following policy requirements are intended to ensure the proper accounting and preservation of capital investments; and to provide a sound economic base for their replacement.

1. The budget should provide sufficient funding for adequate maintenance, renovation and the orderly replacement of capital assets such as equipment, fleet, facilities, streets and parks.

2. All capital assets should be maintained at a level that protects capital investment and minimizes future maintenance and replacement costs.

3. A five-year schedule of equipment replacement and maintenance needs, as well as facilities, streets and parks renovation and maintenance needs should be prepared on an annual basis. Expenditures consistent with such plans shall be included in annual budget appropriations.

A. Capital Assets Definition, Classes, and Capitalization Thresholds The City defines capital assets as any assets used in operations with an estimated useful life in excess of three years that have a value equal to or greater than the capitalization threshold for their respective asset class.

The Asset Classes and Capitalization Thresholds have been established as follows:

Asset Class Threshold
Land $50,000
Buildings/Building Improvements $50,000/$10,000
Improvements Other Than Buildings $10,000
Vehicles, Machinery, Specialty and Office Equipment $10,000 Intangibles $100,000
Infrastructure $200,000
Construction in progress $50,000
Lease purchase assets Use threshold for the
appropriate asset class
The threshold will generally not be applied to components of fixed assets. 306
City of SLT Financial Policies – Preserving Capital Investments 2 Rev. August 2022

1. Cost of Capital Assets
Capital Assets are recorded at historical cost or estimated historical cost if purchased or constructed. The cost should include ancillary charges necessary to place the asset into its intended location and condition for use.

Items to include in the cost of capital asset are as follows:
• Original contract or invoice price
• Freight and transportation charges
• Handling and storage charges
• In-transit insurance charges
• Sales, use, and other taxes imposed on the acquisition • Installation charges
• Charges for testing and preparation for use
• Site preparation costs
• Professional fees
• Capitalized interest should be included in the cost of a proprietary fund asset when it meets the criteria of Financial Accounting Standards Board No. 34.

The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized.

Donated capital assets are valued at their fair value on the date of donation.

2. Depreciating Capital Assets
Property, plant and equipment, depreciable infrastructure and intangible assets of the City shall be depreciated using the straight-line method and applying the half-year convention method over the following useful lives.

Asset Class Years
Buildings/Building Improvements 10-40
Improvements Other Than Buildings 3-10
Vehicles, Machinery, Specialty and Office Equipment 3-20 Intangibles (subject to depreciation/amortization) As limited by contractual or legal
provisions.

Infrastructure 10-40
It is the City’s policy that capital assets have no residual value at the end of their lives. Land, Construction-in-Progress and certain intangible assets are not depreciated. If the asset is disposed of before the end of its useful life, a half-year of depreciation is allowable for the year of disposition. 307
City of SLT Financial Policies – Preserving Capital Investments 3 Rev. August 2022

3. Capital Assets Classes
Land
The surface of the earth, which can be used to support structures and roadways. Land is characterized as having an unlimited life (inexhaustible).

Includes the cost of land itself and the cost of preparing land for its intended uses. Examples of items that might be capitalized as part of the cost of land include basic site improvements (e.g., excavation, fill, and grading), as well as the cost of removing, relocating, or reconstructing the property of others (e.g., power lines).

Buildings and Building Improvements
A structure that is permanently attached to the land, has a roof, is partially or completely enclosed by walls, and is not intended to be transportable or moveable.

Improvements to existing buildings that materially extend the useful life of a building, increase the value of a building, or both should be capitalized. The improvement must meet one of the following criteria:
• The improvement adds square footage to the existing building. • The improvement is a major renovation that prepares an existing building for a new use.
• The improvement expenditure increases the life or value of the building by 25 percent of the original life or cost.

The cost of an improvement (or betterment) normally is added to the cost of the related structure, rather than treated as a separate asset.

Examples of expenditures to be capitalized as building improvements are as follows:
• Replacement of an old shingle roof with a new fireproof tile roof • Upgrade of heating and cooling systems
• Structures attached to the building such as covered patios, sunrooms, garages, carports, enclosed stairwells, etc.
• Structural changes such as reinforcement of floors or walls, installation or replacement of beams, joists, steel grids, or other interior framing.

The following are examples of expenditures not to capitalize as improvements to buildings. Instead, these items should be recorded as maintenance expense:
• Adding, removing and/or moving of walls relating to renovation projects that are not considered major rehabilitation projects and do not increase the value or life of the building
308
City of SLT Financial Policies – Preserving Capital Investments 4 Rev. August 2022 • Plumbing or electrical repairs
• Cleaning, pest extermination, or other periodic maintenance • Interior decoration, such as draperies, blinds, curtain rods, wallpaper • Maintenance-type interior renovation, such as repainting, touch-up, plastering, replacement of carpet, tile, or panel sections; sink and fixture refinishing, etc.
• Maintenance-type exterior renovation such as repainting, replacement of deteriorated siding, roof, or masonry sections • Replacement of a part or component of a building with a new part of the same type and performance capabilities, such as replacement of an old boiler with a new one of the same type and performance capabilities
Improvements Other Than Buildings
This major asset class is used for permanent (i.e., non-moveable) improvements, other than buildings, that add value to land, but do not have an indefinite useful life. Examples include fences, retaining walls, parking lots, and most landscaping. Moveable items (e.g., picnic table in a park) should be classified as furnishings and equipment.

Vehicles, Machinery, Specialty and Office Equipment
Fixed or movable tangible assets to be used for operations, the benefits of which extend beyond one year from date of acquisition and rendered into service.

Examples of expenditures to be capitalized in this class include but are not limited to:

Vehicles
Computers and servers
Machinery
Furniture and fixtures
Intangible Assets
Intangible assets are characterized as lacking physical form (e.g., computer software, water rights, easements, and patents). Certain intangibles provide benefits indefinitely. In that case, no amortization expense would be recognized. Intangibles with the length of their life limited by contractual or legal provisions should be amortized over the period stated in the provisions.

Easements are interest in land owned by another that entitles its holder to a specific limited use. The estimated value of easements is immaterial and therefore will not be capitalized.

A right-of-way is a type of easement in which title remains with the property owner and therefore is not capitalized.
309
City of SLT Financial Policies – Preserving Capital Investments 5 Rev. August 2022 Infrastructure
Long-lived capital assets that normally are stationary in nature and are of value only to the City. Include, but are not limited to: roads and streets, curbs, gutters, bridges, streetlights, sidewalks, streetscape, bike paths, storm-water drainage improvements, roadway resurfacing, basin and stream environment zone construction, ramps, airfields and runways in Airport Enterprise fund. For the purpose of reporting this major class is separated into subclasses, such as Streets, Bike Paths, Streetscape, Basin and SEZ Construction, and Runways.

Construction in Progress
This major class is used for costs incurred to construct or develop a tangible or intangible capital asset before it is substantially ready to be placed into service. The costs should remain in this category until all retention money has been paid (at which time the asset would be reclassified into the appropriate major class).

B. Capital Assets Accountability and Control
When capital assets are acquired or deeded to the City, copies of related documents shall be routed to the Finance Department in a timely manner to ensure these assets are recorded in the City’s financial records.

Department heads are ultimately responsible for safeguarding its fixed assets from theft or loss. However, the Finance Department does recognize and acknowledge its responsibility to establish and maintain systems and procedures that enable department heads and program managers to properly safeguard their assets.

In general, inventory control is applied only to movable fixed assets (generally these falling into the “Vehicles, Machinery and Equipment” category), and not to land, buildings, or other immovable fixed assets. Fixed assets subject to inventory control will be accounted for and controlled through the same systems and procedures used to account and control fixed assets subject to capitalization.

Fixed assets will be subject to inventory control if they meet at least one (1) of the following criteria:
a. The original cost of the fixed asset is equal to or greater than $10,000 if classified as equipment, $50,000 if classified as buildings or land, or $200,000 if classified as infrastructure.
b. Any asset less than the capitalization threshold, as recommended by the Finance Director. This may include certain machinery and equipment that, due to portability, value outside of the office, or character, are susceptible to theft and/or loss. It may include computer equipment and electronic devices such as laptops and iPhones, guns, weapons, and other movable items. Also included may be any asset requested by a department to be controlled in order to satisfy an internal (operational) or external requirement. For example, the Finance Department (may wish to) tracks all 310
City of SLT Financial Policies – Preserving Capital Investments 6 Rev. August 2022 computer hardware in order to establish replacement and upgrade requirements for both hardware and system software.
c. Any asset required to be controlled and separately reported pursuant to grant conditions or any other externally imposed reporting requirement.

Procedure: The goal is to tag all fixed assets that fall within the above categories without affecting the functionality or value of the product. Tags should be placed on the back of the equipment, somewhere where they can be found, but not necessarily stand out. The fixed asset addition form (Exhibit I) should be filled out as much as possible. A complete description of the asset should be obtained showing manufacturer, model, serial #, color and any other identifying criteria. The date purchased and cost should be entered when known. If not known, please estimate and mark (est.) after the data. It is understood that logistically some items cannot be tagged. These items still need to be inventoried and the information maintained in a department file.

C. Capital Assets Purchased with Federal Funds
Equipment (Capital Assets) purchased with Federal funds must follow Code of Federal Regulations CFR §200.313 and §200.439.

These guidelines can be found at the following link: https://www.ecfr.gov/cgibin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl.

1. Capital expenditures for special purpose equipment are allowable as direct costs, provided items with a unit cost of $5,000 or more have the prior written approval of the Federal awarding agency or pass-through entity.

2. Equipment must be used in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by the Federal award.

3. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award, until disposition takes place will, at a minimum, meet the following requirements:
• Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the FAIN), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property.
• A physical inventory of the property must be taken, and the results reconciled with the property records at least once every two years. 311
City of SLT Financial Policies – Preserving Capital Investments 7 Rev. August 2022 • Control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated.
• Adequate maintenance procedures must be developed to keep the property in good condition.
• If the City is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return.

See CFR §200.313 (e) Disposition, for guidelines.

Surplus property shall be identified by the department, officially declared to the City Council, and after approval, eliminated from the fixed asset accountability list and sold at auction or to any organization or non-employee willing to pay fair market price, Alternatively, the city council may elect to donate or destroy the same in accordance with whatever provision and/or terms and conditions the city council may, in its discretion, elect.

In the event any single item of property is less than $10,000, the finance director shall have the authority to sell, or dispose of such surplus supplies or equipment by donation to local schools or nonprofit organizations, or if surplus has no value, by disposal at a refuse company, Proceeds from sale of surplus property will be allocated to the City’s General fund or Vehicle Replacement fund unless the property was originally purchased under contractual obligations with monies from a specific fund, in which case, the proceeds will be returned to that fund.

Disposal of any real property shall be conducted in accordance with all applicable requirements of the Government Code, including but not limited to Government Code sections 50569, 65402, and 54220, et seq. Before disposing of any surplus property, the applicable department head shall ascertain the source of funds used to purchase the property and ensure that disposal will not violate any grant conditions or other applicable restrictions.

Accounting for Leases: Leases that do not transfer substantially all the benefits and risks of ownership are operating leases.

Capitalize a lease that transfers substantially all of the benefits and risks of property ownership, provided the lease is non-cancelable (only non-cancelable leases may be capitalized). One or more of four criteria must be met:

1. Transfers ownership to the lessee.

2. Contains a bargain purchase option.

3. Lease term is equal to or greater than 75 percent of the estimated economic life of the leased property.

4. The present value of the minimum lease payments (excluding executor costs) equals or exceeds 90 percent of the fair value of the lease property.

Account Coding: The account coding to be used for the purchase of capital outlay will be as follows:
312
City of SLT Financial Policies – Preserving Capital Investments 8 Rev. August 2022 For items costing $10,000 or more (these are considered Fixed Assets) use:

Object code # 46010 – Land
Object code # 46020 – Buildings and Building Improvements Object code # 46030 – Improvements Other Than Buildings Object code # 46110 – Machinery & Equipment ($7,000)
Object code # 46122 – Software
Object code # 46130 – Vehicles
Object code # 46140 – Furniture and Fixtures
For items costing less than $10,000 per unit (these are NOT considered Fixed Assets) use:

Object code # 46120 – Tools, Parts and Leases less than $10,000. 313
City of SLT Financial Policies – Preserving Capital Investments 9 Rev. August 2022 Attachments:

Exhibit I – Sample of Fixed Asset Addition Form
314
City of SLT Financial Policies – Preserving Capital Investments 10 Rev. August 2022 TAG# ITEM DESCRIPTION
MANUFACTURER/MODEL SERIAL #
P.O. # ITEM COST VENDOR

DEPARTMENT LOCATION
DATE RECEIVED CLASS CODE Additional Comments:

PROPERTY CONTACT

FINANCE CONTACT

DATE TAGGED

DATE RECEIVED BY FINANCE DEPARTMENT
ATTACH THIS STICKER TO NEW ASSET ITEM:

EXHIBIT I - SAMPLE OF FIXED ASSET ADDITION FORM
--- FILL IN ALL MISSING BLANKS, MAKE COPY FOR YOUR RECORDS AND RETURN TO FINANCE/ACCOUNTING---

FIXED ASSET ADDITION FORM
315
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: August 9, 2022
Agenda Item #: 7
Agenda Item: Purchase of a Loader and Cut-Off Gates for City Snow Operations Executive Summary: Staff was planning to include the recommended purchase of a large loader and cut-off gates to improve the snow operations for the FY 22-23 budget cycle. However, due to the supply chain issues and timeline in procurement and delivery of the proposed vehicle and equipment, the staff is recommending the purchase of this essential equipment now. The front loader is a large front loader that would aid snow operations. New bolted cut-off gates will improve the snow operation and application of gates to reduce snow berms.

Requested Action / Suggested Motions: Pass a Resolution appropriating $454,295 from the Measure S Sales Tax fund and authorizing the purchase of one John Deere Loader (2021) from Pape Machinery, Inc. for $357,794.50 and eight (8) Bolt Type Henke Hi-Gate for Graders from Holt of California for $96,500.40 through Sourcewell Cooperative Purchasing Agreement for City Snow Operations
Responsible Staff Members: Anush Nejad, Director of Public Work and Phil Harwood, Maintenance Manager
Responsible Staff Member: Anush Nejad, Director of Public Work (530) 542-6031 Phil Harwood, Maintenance Manager (530) 542-6085
Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Loader and Cut-Off Gates.docx
02-Loader Quote and Contract.pdf
03-Henke Hi-Gate Quote and Contract.pdf
04-Resolution for Loader and Cut-Off Gates.docx
316
Council Agenda Report- August 9, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: August 9, 2022
Title: Purchase of a Loader and Cut-Off Gates for Snow Operations Location: Citywide
Responsible Staff Member: Anush Nejad, Director of Public Work – (530) 542-6031 Phil Harwood, Fleet Supervisor – (530) 542-6086
Background: Staff was planning to include the purchase of a large loader and cut-off gates to improve the snow operations for the FY 22-23 budget cycle. However, due to the supply chain issues and timeline in procurement and delivery of the proposed vehicle and equipment, the staff is recommending the purchase of this essential equipment now.

Issue and Discussion: The proposed vehicle and equipment will greatly enhance the Streets Snow Operational process. The front loader is a large vehicle that has the capacity to push snow to the snow-storage areas and reduce the grader options. With this purchase, one of the existing loaders will be transferred to the Airport to allow airport snow removal operations which will offset and eliminate rental of equipment costs. The cut-off gates are new bolted types and will replace the existing welded units. The welded units often break down and result in the loss of the unit to reduce the berms left from the snow plowing operations. In addition, re-welding requires a significant staff time for repairs.

The purchase of the loader and gates will be sourced through the cooperative purchasing agreement with the respective manufacturers/dealers. The financial Implications section below outlines the purchase cost and funding source.

The loader is essential equipment for the streets division to move snow to designated snow storage areas and street operations. The gates will improve operational performance and reduce maintenance workload, reducing the need for additional staff.

Financial Implications: The proposed loader will be purchased from Pape Machinery, Inc, Sparks, NV, through Sourcewell cooperative purchasing contract, for $357,794.50. See Attachment 2. The Cut-Off gates will be purchased from Holt of California for $96,500.40, also through Sourcewell cooperative purchasing contract. See Attachment 3. Funding for the purchase of the loader and the cut-off gates will be secured through the available Measure “S” fund balance resulted from fiscal year 2020-2021 surplus, into account 210-03010-46130 (Vehicles) – a total of $454,294,90. This request amends the Annual Budget request as stated in the attached resolution (Attachment 4) and was eliminated from the FY 22-23 budget request. 317
Council Agenda Report- August 9, 2022 Page 2 of 2
Environmental Considerations: This purchase is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies) Policy Implications: The purchase of the vehicle and cut-off gates will improve the Snow Operational Plan for the City.

The purchase of the vehicle and equipment contemplated herein will be via Cooperative Purchasing Contract. City Code Section 3.45.090 allows for Cooperative Purchasing: “Where another governmental agency performs a solicitation and/or bid process for the city and/or multiple agencies or jurisdictions, and where the purchase of materials, supplies, and equipment is based on an agreement or cooperative purchasing program pursuant to authority granted by statute or ordinance, pursuant to a contractual arrangement between the city and said the governmental agency, or pursuant to a determination by the city manager that the governmental agency conducted a competitive bidding process, the city may purchase materials, supplies and equipment based upon the governmental agency’s solicitation and/or bid process without complying with the bidding requirements of this chapter. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-8)”
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Resolution 2022-XXX August 9, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
August 9, 2022
Appropriating $454,295 from the Measure S Sales Tax Fund and Authorizing the Purchase of one John Deere Loader from Pape Machinery, Inc. for $357,794.50 and eight Henke HiGate from Holt of California for $96,500.40, through Sourcewell Cooperative Purchasing Agreement

BACKGROUND
A. Staff was planning to include the purchase of a large loader and cut-off gates to improve the snow operators for the FY 22-23 budget cycle.

B. Due to the supply chain issues and timelines in procurement and delivery of the proposed vehicle and the equipment, it is essential to order these items now.

C. The equipment will be used by the Streets and Airport Divisions to improve snow operations.

D. With the purchase of the front loader will offset and eliminate the need for rental of equipment costs, estimated at about $100,000 per year.

E. Funding for the purchase of the loader and cut-off gates will be secured through the available Measure “S” fund balance resulting from the fiscal year 2020-2021 surplus.

F. The loader is essential equipment for the streets division to move snow to designated snow storage areas and street operations. The gates will improve operational performance and reduce maintenance workload, reducing the need for additional staff.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:

1. Does hereby authorize the purchase of one (1), John Deere Loader, from Pape Machinery, Inc. for $357,794.50 and eight (8) Bolt-Type Henke Hi-Gate from Holt of California for $96,500.40 through Sourcewell Cooperative Purchasing Agreement.

2. Authorizes an amendment to the FY 21-22 budget transferring $454,295 from the Measure “S” Sales Tax fund into account 208-03610-46110 (Snow Removal Equipment Replacement) to fund the purchase of the loader and cut-off gates.

Adopted by the City of South Lake Tahoe City Council on August 9, 2022 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Devin Middlebrook, Mayor
Attest:
328
Resolution 2022-XXX August 9, 2022 Page 2 of 2
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
329
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: August 9, 2022
Agenda Item #: 8
Agenda Item: Sole Source Purchase of a Vehicle from Champion Chevrolet Executive Summary: On June 7, 2022, the City Council authorized the purchase of a hauling and work truck for the Public Works Department for $51,243.44 through the Cooperative Purchasing Contract.

Since the approval of the purchase, General Motors, the manufacturer of the vehicle, has canceled all orders for this vehicle due to supply chain issues. The staff has requested informal bids from three local Chevrolet dealers. Champion Chevrolet has submitted the lowest bid for the same vehicle for $51,027.43, which is slightly lower than the original Cooperative Purchasing Contract cost.

Requested Action / Suggested Motions: Pass a Motion approving a sole source purchase and authorizing and directing the City Manager to sign a Purchase Order with Champion Chevrolet for $51,027.43 to purchase a 2023 Chevrolet Silverado for the Public Works Department.

Responsible Staff Members: Anush Nejad, Director of Public Work and Phil Harwood, Fleet Supervisor Responsible Staff Member: Anush Nejad, Director of Public Work 530) 542-6031 Phil Harwood, Fleet Supervisor (530) 542-6086
Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01 - Staff Report - Public Works Vehicle Purchase.docx
02 - GM Cancellation Memo.pdf
03 - Champion Chevrolet Quote.pdf
04 - Additional Quotes.pdf
05 - Sole Source Form.pdf
06 - Original National Auto Fleet Purchase Order.pdf
330
City of South Lake Tahoe
Report to City Council
Meeting Date: August 9, 2022
Title: Sole Source Purchase of a Vehicle from Champion Chevrolet Location: Citywide
Responsible Staff Member: Anush Nejad, Director of Public Work - (530) 542-6031 Phil Harwood, Fleet Supervisor - (530) 542-6086
Background: On June 7, 2022, the City Council authorized the purchase of a hauling and work truck for the Public Works Department for $51 ,243.44 through Sourcewell Cooperative Purchasing Contract with National Auto Fleet Group. Since the approval of the purchase, General Motors, the manufacturer of the vehicle, has canceled all orders for this vehicle due to supply chain issues (Attachment 2). Due to delays in manufacturing and shipping , and very limited supply readily available on dealership lots, staff has expedited a request of informal bids from three local Chevrolet dealers. Champion Chevrolet has submitted the lowest bid for the same vehicle for $51 ,027.43, which is slightly lower than the original Cooperative Purchasing Contract cost.

Issue and Discussion: The proposed vehicle (work truck) is essential equipment for the Streets division for a multitude of road maintenance and operation needs. It would allow the Streets Division to carry heavy equipment and materials to the job site for maintenance work throughout the city.

City staff requested informal bids from three local Chevrolet dealers and was able to find the same vehicle for a slightly lower cost of $51 ,027.03 (Attachment 3). Other bids are included as Attachment 4. A sole-source justification is attached to record the informal bidding process (Attachment 5).

Financial Implications: The purchase of the vehicles and equipment will be secured through account 210-03010-46130 (Vehicles). The current available unencumbered budget in this account is $87,024.26. The proposed equipment's total cost is $51 ,027.43, which is within the current available account budget balance.

Environmental Considerations: This purchase is not a "project" subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies) Policy Implications: Strategy EV-2 in the Climate Action Plan adopted by City Council on October 20, 2020, states that the city will "convert public agency fleets to electric vehicles (EV) or alternative fuels." City staff conducted extensive research on options and availability of Electric Vehicles for the vehicle contemplated herein. With the original purchase request, staff contacted six vehicle manufacturers were contacted. Although the vehicle manufacturers have truck EV Council Agenda Report- August 9, 2022 Page 1 of 2
331
vehicles, currently none of the manufacturers have vehicles available on the marketplace for purchase.

With the original purchase request, staff also researched the vehicles availability list in California's Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project (HVIP), which plays a crucial role in the deployment of zero-emission and near-zero-emission technologies. HVIP accelerates commercialization by providing point-of-sale vouchers to make advanced vehicles more affordable. The current list of eligible vehicles for point-of-sale incentives can be found here:
https://californiahvip.org/vehiclecatalog/
The HVIP website identified one vehicle that meets the required specifications: EV FORD F450 Truck. The Fleet Division contacted the manufacturer representative: Ms. Bee Shiraz at SEA Electric and found that the truck is not in production and not sure if they will start next year. Since this truck is time-sensitive and essential for the Streets Division operations, staff recommends purchasing the proposed equipment at the present time.

All internal combustion vehicles and equipment contemplated for purchase herein will meet the California Air Resources Board (GARB) requirements.

Council Agenda Report- August9, 2022 Page 2 of 2
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1 Anush Nejad
From: Anush Nejad
Sent: Tuesday, July 19, 2022 2:38 PM
To: Anush Nejad
Subject: Chev Truck Orders Cancellation

From: Rich Patterson <[email protected]>
Sent: Thursday, June 30, 2022 6:18 AM
To: Jesse Cooper ([email protected]) <[email protected]>; [email protected]; Yesenia Covarrubias <[email protected]> Subject: Chev of Watsonville Gov Truck Orders

Jesse, Kevin, Yesenia,

As you are aware, the automotive industry as a whole continues to be impacted by microchip shortages, as well as supply chain stoppages as a result of Covid in various countries.  These factors have limited production capacity and product availability for all OEMs, including GM.

In addition, there is significant pent‐up demand in all segments of the fleet market, specially for several of our most popular products such as Tahoe, and Silverado Light and Heavy Duty trucks.

As a result of the above, our ordering system was overwhelmed with a number of orders, in a very short period of time, that significantly exceeded our production capacity for the 2023 model year for all of our main products.

In line with our normal practice of being transparent, and addressing this issue immediately so our customers can plan accordingly, unfortunately we will need to cancel some of your orders.

Once we have reviewed all the numbers we will determine if the cancellation process is complete.

We know this is not an easy task and that it will impact our customers, but based on past experience we know they will appreciate the timely communication.

Thank you in advance for your support as always.

Fleet
Primary FAN
Fleet Primary FAN Name Division Allocation
Group
Code
Merchandising
Model
Designator
Order
Number
421879 LAKESIDE FIRE PROTECTION DISTRICT Chevrolet CHDCRW CK20743 BRTBHR 421879 LAKESIDE FIRE PROTECTION DISTRICT Chevrolet CHDCRW CK20743 BRTBHS 460064 CITY OF MENIFEE (CA) Chevrolet CHDCRW CC30743 BRSX3Q 815789 CITY OF HUNTINGTON BEACH (CA) Chevrolet CHDCRW CC31043 BRSVV5 815789 CITY OF HUNTINGTON BEACH (CA) Chevrolet CHDCRW CK20743 BRST6P 817334 CITY OF COLTON (CA) Chevrolet CHDCRW CK20743 BRSZWK 975962 COUNTY OF ORANGE COUNTY Chevrolet CHDCRW CK30743 BRZVSN 333
2 975962 COUNTY OF ORANGE COUNTY Chevrolet CHDCRW CK20743 BRSW03 975962 COUNTY OF ORANGE COUNTY Chevrolet CHDCRW CK20743 BRSWT8 975962 COUNTY OF ORANGE COUNTY Chevrolet CHDCRW CC20743 BRZVVX 975962 COUNTY OF ORANGE COUNTY Chevrolet CHDCRW CK20743 BRSV8C 975962 COUNTY OF ORANGE COUNTY Chevrolet CHDCRW CK30743 BRZVSQ 975962 COUNTY OF ORANGE COUNTY Chevrolet CHDCRW CK30743 BRZVSP 803422 CITY OF SOUTH LAKE TAHOE (CA) Chevrolet CHDDBL CK20953 BRMJ9N 815789 CITY OF HUNTINGTON BEACH (CA) Chevrolet CHDDBL CC30953 BRJRDT 816638 CITY OF CORONA (CA) Chevrolet CHDDBL CC20753 BRKH5D 917777 CITY OF PALOS VERDES ESTATES Chevrolet CHDDBL CC30953 BRMDKK 815789 CITY OF HUNTINGTON BEACH (CA) Chevrolet CLDDBL CC10753 BRRDG0 815789 CITY OF HUNTINGTON BEACH (CA) Chevrolet CLDDBL CC10753 BRRDGZ 421784 CITY OF OAKLEY (CA) Chevrolet TAHOE CC10706 BQTRQC 421784 CITY OF OAKLEY (CA) Chevrolet TAHOE CC10706 BQTRQD 421784 CITY OF OAKLEY (CA) Chevrolet TAHOE CC10706 BQTRP9 421784 CITY OF OAKLEY (CA) Chevrolet TAHOE CC10706 BQTRQB 460064 CITY OF MENIFEE (CA) Chevrolet TAHOE CC10706 BQRD98 460064 CITY OF MENIFEE (CA) Chevrolet TAHOE CC10706 BQRFBD 460064 CITY OF MENIFEE (CA) Chevrolet TAHOE CC10706 BQRFBB 460064 CITY OF MENIFEE (CA) Chevrolet TAHOE CC10706 BQRFBC 460064 CITY OF MENIFEE (CA) Chevrolet TAHOE CC10706 BQRD99 460064 CITY OF MENIFEE (CA) Chevrolet TAHOE CC10706 BQRF3C 802878 CITY OF CHICO (CA) Chevrolet TAHOE CC10706 BQRKHC 802878 CITY OF CHICO (CA) Chevrolet TAHOE CC10706 BQRKG9 802878 CITY OF CHICO (CA) Chevrolet TAHOE CC10706 BQRKHB 802878 CITY OF CHICO (CA) Chevrolet TAHOE CC10706 BQRKHD 802878 CITY OF CHICO (CA) Chevrolet TAHOE CC10706 BQRKHF 803305 CITY OF PASADENA (CA) Chevrolet TAHOE CC10706 BQPXNV 803305 CITY OF PASADENA (CA) Chevrolet TAHOE CC10706 BQPXNS 803305 CITY OF PASADENA (CA) Chevrolet TAHOE CC10706 BQPXNT 803305 CITY OF PASADENA (CA) Chevrolet TAHOE CC10706 BQPXNR 803396 CITY OF SAN MATEO Chevrolet TAHOE CC10706 BQSCGJ 803422 CITY OF SOUTH LAKE TAHOE (CA) Chevrolet TAHOE CK10706 BQQH6W 803422 CITY OF SOUTH LAKE TAHOE (CA) Chevrolet TAHOE CK10706 BQQH6X 804158 COUNTY OF KAUAI Chevrolet TAHOE CK10706 BQWBB1
804158 COUNTY OF KAUAI Chevrolet TAHOE CK10706 BQVXK1
804158 COUNTY OF KAUAI Chevrolet TAHOE CK10706 BQWBZT
815752 CITY OF MONTEREY PARK Chevrolet TAHOE CC10706 BQQT5N 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPC9 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPC3 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPC2 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPDJ 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPDG 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPDQ 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPC1 334
3 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPC7 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPDC 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPDH 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPCZ 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPC8 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPDN 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPDR 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPDP 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPDB 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPDK 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPC4 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPCX 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPC6 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPDM 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPDF 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPDD 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPC0 852592 COUNTY OF LOS ANGELES  (CA) Chevrolet TAHOE CC10706 BQTPC5 860254 CITY OF REDONDO BEACH Chevrolet TAHOE CC10706 BQXBT4 860254 CITY OF REDONDO BEACH Chevrolet TAHOE CC10706 BQXBT3 875916 TOWN OF TRUCKEE Chevrolet TAHOE CK10706 BQQWSV
946280 LOS GATOS UNIFIED SCHOOL

DISTRICT
Chevrolet TAHOE CC10706 BQRCC1
946280 LOS GATOS UNIFIED SCHOOL

DISTRICT
Chevrolet TAHOE CC10706 BQRCHK
958079 FEDERAL RESERVE BANK OF SAN

FRANCISCO
Chevrolet TAHOE CC10706 BQQQNJ
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FRANCISCO
Chevrolet TAHOE CC10706 BQQPQ5
975962 COUNTY OF ORANGE COUNTY Chevrolet TAHOE CC10706 BQRVBM 975962 COUNTY OF ORANGE COUNTY Chevrolet TAHOE CC10706 BQRPQ3 975962 COUNTY OF ORANGE COUNTY Chevrolet TAHOE CC10706 BQRVBK

Rich Patterson
General Motors Fleet
Regional Fleet Account Executive ‐ Gov't
Western Region
M: (602) 228‐1286
[email protected] l www.gmfleet.com

Nothing in this message is intended to constitute an electronic signature unless a specific statement to the contrary is included in this message.
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4 Confidentiality Note: This message is intended only for the person or entity to which it is addressed. It may contain confidential and/or privileged material. Any review, transmission, dissemination or other use, or taking of any action in reliance upon this message by persons or entities other than the intended recipient is prohibited and may be unlawful. If you received this message in error, please contact the sender and delete it from your computer.

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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: August 9, 2022
Agenda Item #: 9
Agenda Item: Cost-Sharing Agreement with Tahoe Meadows for the Installation of LED Flashing Stop Signs
Executive Summary: City staff has been working with Tahoe Meadows Homeowner's Association for safety measures on the bike trails at the entrance and exit to the Tahoe Meadows property. A number of alternatives have been explored and both the City and Tahoe Meadows have agreed on an LED Flashing Stop sign to improve visibility for bicyclists and scooters at this location. Tahoe Meadows has agreed to a cost-sharing agreement for the purchase, installation, and maintenance of these signs.

Requested Action / Suggested Motions: (1) Pass a Resolution authorizing acceptance of $5000 from Tahoe Meadows for LED flashing stop signs; and (2) Pass a Motion authorizing and directing the Mayor to execute a cost-sharing agreement with Tahoe Meadows for installation of LED flashing stop signs.

Responsible Staff Member: Anush Nejad, Director of Public Works Responsible Staff Member: Anush Nejad, Director of Public Works (530) 542-6031 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01 - Staff Report - Tahoe Meadows Reimbursement Agreement.docx 02 - Reimbursement Agreement - Tahoe Meadows.docx
03 - Exhibit A - Proposed Location.pdf
04 - Resolution to Accept Funds.doc
343
Council Agenda Report- August 9, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: August 9, 2022
Title: Cost-Sharing Agreement with Tahoe Meadows for the Installation of LED Flashing Signs
Location: Tahoe Meadows Driveway (Lake Road) and South Lake Tahoe Bikeway Facility Responsible Staff Member: Anush Nejad, Director of Public Works – (530) 542-6031 Background: City Staff has been working with Tahoe Meadows Homeowner’s Association to address the safety concerns at the entrance and exit to the Tahoe Meadows Property. Several design options were considered, and a solution has been identified to improve visibility and safety at this location. Tahoe Meadows has agreed to a cost-sharing agreement to implement the project.

Issue and Discussion: Tahoe Meadows Homeowners Association has requested the City to install additional safety measures to enhance the visibility of the scooters and bicyclists at the entrance and exit to the property, located on Lake Road at the South Lake Tahoe Bikeway facility.

The concern has arisen due to visibility as this driveway, which is gate-controlled, and the vehicles may not be visible to the bicyclists and scooters. There is an existing Stop Sign at the Bicycle Pathway and an exit from the Driveway.

The proposed safety measure is to replace the existing 18” Stop Sign with a 24” Flashing LED sign to improve visibility. The LED flashing sign has two modes of operation: Flashing when a bicyclist and scooters approach the driveway and the time of day of operation (6 AM to 9 PM).

Tahoe Meadows has agreed to pay for the LED signs and the City will install and maintain the signs. This upgrade will provide additional safety benefits for both the Tahoe Meadows homeowners and visitors, as well as the bicyclists and scooters.

Financial Implications: The estimated cost of LED is $3,500, with $1,500 for staff labor for installation, and calibration of the unit. The proposed Cost Sharing Agreement will cover the cost of equipment and installation. Future maintenance of the Stop Sign will be City’s responsibility, which can be covered through routine annual budgets. Through the attached resolution (attachment 04), staff is requesting budget appropriations of $5,000 for the purchase and reimbursement of the LED flashing sign into the Miscellaneous Traffic Safety Projects expenditures and revenue accounts 301-50043-48030 and 301-50043-36284 respectively.

Environmental Considerations: Installation of the Stop Sign is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies) if the type of installation complies with the CA-MUTCD guidance. 344
Council Agenda Report- August 9, 2022 Page 2 of 2
Policy Implications: This action supports public safety and traffic upgrades in the City of South Lake Tahoe.
345
Page | 1 of 3

CITY OF SOUTH LAKE TAHOE

COST-SHARING AGREEMENT

FOR LED FLASHING STOP SIGNS AT

TAHOE MEADOWS
This Agreement is made and entered into as of the _____day of _______ by and between the City of South Lake Tahoe, a municipal corporation (“City”), and Tahoe Meadows, a California Common Interest Development Corporation (“Tahoe Meadows”).

RECITALS
A. Tahoe Meadows (that is, the Tahoe Meadows Homeowner’s Association) manages and owns property with access to U.S. 50 and Lake Road (“Property”).

B. Tahoe Meadows has requested safety measures on the bike trail at the entrance and exit to the Tahoe Meadows property to improve visibility and bicycle safety.

C. The City has reviewed this request and has found that the installation of LED Flashing Stop Signs may provide additional safety benefits for bicyclists and other mobility devices, as well as the entering and exiting traffic to the Tahoe Meadows; however this is not a priority City project because of other more pressing needs.

D. The City Traffic Engineer, with the discretion delegated by City Council Resolution No. 2022-067, has reviewed the plans for the installation of the LED Flashing Stop Signs which are attached hereto as Exhibit “A.” The City Traffic Engineer finds based on substantial evidence that the design in Exhibit “A” is reasonable.

E. Tahoe Meadows has offered and agrees to a cost-sharing agreement with the City to accommodate this LED Flashing Stop Sign and expedite its installation.

F. In order to accomplish this upgrade, the City will take the lead in implementing the project with City forces.

AGREEMENT

1. General City Obligations. The City will procure and install the LED Flashing Stop Sign project. The LED Flashing Stop Signs will be installed at the entrance to Tahoe Meadows at the U.S. 50 and Lake Road and the Bicycle trail crossing. The LED flashing lights will be 24-inch and will include a time-of-day timer for LED flashing operation. The flashing operation will be activated automatically during day hours. During the nighttime, the flashing operation will be turned off. Initially, the LED Flashing Stop Sign will be activated daily between 6 AM and 10 PM. The City will have sole authority to adjust the timing of the operation, adjustment of the sign, or the maintenance functions. The City will 346
Page | 2 of 3
own and reasonably maintain the LED Flashing Stop Signs. The City will also have the sole authority to remove the LED lights due to safety issues or other traffic engineering concerns.

2. Tahoe Meadows Obligations. Tahoe Meadows shall pay the City in the amount of $5,000 for the proposed upgrades. Tahoe Meadows shall make the payment in full at the start of construction, via a cashier’s check.

3. Term/Time of Performance. This Agreement shall be effective as of the date written above and shall terminate five years after the installation of the LED Flashing Stop Signs by the City.

4. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first-class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: Public Works Director
City of South Lake 1740 D Street
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe 1901 Lisa Maloff Way,
Suite 300
South Lake Tahoe, CA 96150
If to Tahoe Meadows: Ronald Yank
President of Tahoe Meadows
5598 Lawton Avenue
Oakland, CA 94618

5. Assignment. Tahoe Meadows shall not assign this Agreement or any part thereof.

6. No Third-Party Beneficiaries. This Agreement shall not be deemed to confer any rights upon any individual or entity which is not a party hereto, and the Parties hereto expressly disclaim any such third-party benefit.

7. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

8. Dispute Resolution. Any disputes concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, the parties to the Agreement agree to mediate any future disputes. Only if discussions with the City Manager (or designee) and mediation fail to resolve the dispute, can the City or Tahoe Meadows commence litigation.

9. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement 347
Page | 3 of 3
shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.

10. Amendments. This Agreement may be modified or amended only by a written document executed by both Tahoe Meadows and City and approved as to form by the City Attorney.

11. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

12. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and Tahoe Meadows. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

13. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the Parties when at least one copy hereof shall have been signed by both Parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

14. Authority to Enter Agreement. Tahoe Meadows has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE:

By Devin Middlebrook, Mayor

TAHOE MEADOWS
By __________________________________ Ronald Yank
APPROVED AS TO FORM:

By Heather Stroud, City Attorney
ATTEST:

By Susan Blankenship, City Clerk
348
Exhibit A
Tahoe Meadows Driveway on US 50
Bike Path Stop Sign (Change to 24” LED)
349
Resolution 2022-XXX August 9, 2022 Page 1 of 1
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
August 9, 2022
Authorizing Acceptance of Funds from Tahoe Meadows for Cost-Sharing Agreement for LED Flashing Stop Signs

BACKGROUND
A. Tahoe Meadows (that is, the Tahoe Meadows Homeowner's Association) manages and owns property with access to U.S. 50 and Lake Road ("Property"); and B. Tahoe Meadows has requested safety measures on the bike trail at the entrance and exit to the Tahoe Meadows property to improve visibility and bicycle safety; and C. The City has reviewed this request and has found that the installation of LED Flashing Stop Signs may provide additional safety benefits for bicyclists and other mobility devices, as well as the entering and exiting traffic to the Tahoe Meadows; and D. Tahoe Meadows has offered and agrees to a cost-sharing agreement with the City to accommodate this LED Flashing Stop Sign and expedite its installation in the amount of $5,000 for the proposed upgrades, at the start of construction, via a cashier’s check.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:

1. Authorizes acceptance of $5,000 payment from Tahoe Meadows for the purchase and installation of the LED flashing sign.

2. Authorizes an increase to the FY22 Miscellaneous Traffic Safety Projects expenditure (301- 50043-48030) and revenue (301-50043-36284) budget by said amount to accomplish this project.

Adopted by the City Council of the City of South Lake Tahoe on August 9, 2022, by the following vote:

Yes:

No:

Absent:

Abstain:
_______________________________ Date: _______________
Devin Middlebrook, Mayor
Attest:
_______________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council
350
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: August 9, 2022
Agenda Item #: 10
Agenda Item: Lease Agreement with Tahoe Art League for Art Building Executive Summary: City Council is asked to authorize a new ten year lease agreement with Tahoe Art League (TAL) for the use of the Art Building located within the 56 Acre Property. The previous Agreement expired in May 2022 at which time TAL requested in writing to renew the term for another ten years. The Tahoe Art League has successfully occupied, maintained, and operated the Art Building for the purposes outlined in the Agreement since May 2012. TAL is an established non-profit corporation.

TAL board and members have demonstrated success as responsible tenants and good stewards of the surrounding property. Consistent with the previous Agreement TAL has invested resources to maintain and improve the building including: Exterior paint, installed new track lighting, made improvements to exterior lighting, painted and lighted exterior signage, and installed an interior privacy wall. Additionally, TAL members continue to provide numerous art programs and exhibits to the community on an ongoing basis. The Agreement supports the City Strategic Plan Priority 3 - Community for All - Arts and Culture Program.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Lease Agreement with Tahoe Art League for a 10-year term for use of the Art Building located at 3062 Lake Tahoe Boulevard.

Responsible Staff Member: Lauren Thomaselli, Director of Parks and Recreation Responsible Staff Member: Lauren Thomaselli, Director of Parks and Recreation (530) 542-6197 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Art League Building Lease.docx
02-2012 Lease Agreement.pdf
03-2022 Lease Agreement.docx
351
Council Agenda Report- August 9, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: August 9, 2022
Title: Lease Agreement with Tahoe Art League for Use of Art Building Location: 3062 Lake Tahoe Blvd
Responsible Staff Member: Lauren Thomaselli, Director of Parks and Recreation 530-542-6197
Background: The premises at 3062 Lake Tahoe Blvd. have been leased by the Tahoe Art League (TAL) since 2002. The last lease was executed on May 15, 2012 (Attachment 02) and was for a ten year term including an option to extend the lease upon mutual consent by both parties. The Art Building sits on land owned by El Dorado County and leased to the City under a recently adopted fifty year lease agreement which terminates in 2072. TAL has requested to exercise the option to extend the lease as outlined in the terms of the May 15, 2012 Agreement (Attachment 02).

During the term of occupancy TAL has proven to be good stewards of the property and invested resources in minor improvements and upgrades to the facility as permitted in the Agreement. Some examples of improvements implemented and funded by TAL include; exterior paint and lighting, improvements to signage, interior privacy wall, interior track lighting and paint. The cost of improvements is estimated to be approximately $8,000. Additionally, TAL continues to provide a variety of programs and community art events creating memorable experiences for residents and visitors alike. TAL submits a report to City Council and the Parks and Recreation Department annually.

Issue and Discussion: As per the 2012 Agreement, TAL has submitted in writing a request to extend the Agreement. At the time of the written request the City was wrapping up negotiations with El Dorado County to renew and update the 56 Acre Lease Agreement including the portion of land occupied by the Art Building. Once the 56 Acre Lease Agreement was adopted, executed, and land transfers completed, City staff proceeded to move forward with TAL’s request to renew the Lease Agreement for the Art Building.

Both the expired lease and the new lease are contained herein for reference as attachments 02 and 03 respectively. There are no substantive changes with the new lease. The following is a summary of key lease terms:
 Ten year term with option to extend based on mutual agreement by both parties  The lease may be terminated by either party by written notice 180 days prior to termination date.
 The Lessee will be responsible for all utilities, janitorial and minor building maintenance to interior and exterior of the building.
352
Council Agenda Report- August 9, 2022 Page 2 of 2
 In the event major maintenance or repairs are required the parties will meet and confer in good faith to determine need, costs and best course of action.  The lease allows use of the building without payment of rent.

Financial Implications: In lieu of rent fees, the Art League agrees to administer classes, offer displays of local art, conduct workshops and sponsor art demonstrations that will enhance and expand the cultural experiences of the community. In addition, they will maintain the facility in a clean and safe condition. As noted above, Lessee shall be responsible for all utilities associated with the facility.

Environmental Considerations: The proposal action is categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15301 (Existing Facilities) because the work done under the Agreement would consist of program provision and light maintenance, repair or minor alteration of existing public facilities involving negligible or no expansion of existing or former use.

Policy Implications: Entering into a Lease Agreement with The Tahoe Art League for the purpose of providing a public space for art and culture exhibits and programs supports the City Strategic Plan Priority 3 – Community for All – Arts and Culture Program. 353

LEASE AGREEMENT

BETWEEN

THE CITY OF SOUTH LAKE TAHOE AND

THE TAHOE ART LEAGUE
This Lease Agreement is entered into this 7th day of May, 2012 between the City of South Lake Tahoe, a municipal corporation, (hereinafter "CITY") and the Tahoe Art League, a California non-profit corporation, (hereinafter "LESSEE").

Leased Premises City hereby leases to LESSEE, the real property and improvements commonly known as the Art Building located at 3062 Lake Tahoe Boulevard, South Lake Tahoe, California (hereinafter "the Premises").

2. Term This lease shall be for a term often (10) years, commencing May 1, 2012, which term shall be renewable upon mutual consent of the parties provided however, that said lease may be terminated by either party with or without cause, by written notice one hundred and eighty (180) days prior to the termination date specified in said notice to the non-terminating party. Parties understand and agree that termination may be necessary as a result of ongoing and changing developments relative to the 56 Acres Project located in the vicinity of the Premises. Neither the creation nor termination of this Lease Agreement creates a duty or obligation of CITY to relocate or incur any cost to relocate LESSEE to another facility.

3. Use LESSEE shall have exclusive use of the above described premises as an art center, but shall accommodate requests by CITY for its occasional use. The City shall not request occasienal uses that are disruptivc to LESSEE'Sday to day operations. LESSEE, as part of its operation, may hold meetings, conduct classes, offer displays, conduct workshops and sponsor art demonstrations at said location.

Use of the premises shall be limited to art exhibits for the purpose of displaying art and selling, or promoting the sale of, the artistic products of Art League members and related events and uses.

4. Utilities and Services LESSEE shall pay all utilities supplied to the leased premises, including, but not limited to, gas, water, electricity, telephone and janitorial services. CITY shall provide snow removal services at the same times and in the same manner, as such services are provided to the Senior Center. _
c~
354

5. Maintenance LESSEE shall maintain premises in good, clean, and safe condition, as an Art Center, to provide public information pertaining to year-round arts activities occurring at the South Shore of Lake Tahoe, public art education, and an art gallery. LESSEE shall perform maintenance and beautification improvements to the premises.

LESSEE shall provide all necessary minor building maintenance and repair to the interior and exterior of the building. In the event major maintenance, repair and improvements, including but not limited to, all heating, cooling, equipment and fixtures, and roofing become necessary, the parties shall meet and confer in good faith to determine whether or not such repairs and/or improvement should be completed and if so, how the costs of such repairs and/or improvements are to be paid. In the event it is determined, LESSEE is to make such repairs and/or improvements. LESSEE shall be entitled to a mutually agreed upon pro-rata share of the costs of any expenses incurred in making such repairs and/or improvements, to be calculated based upon the remainder of the term of the lease.

6. Indemnification In consideration of LESSEE'Soccupancy of the leased premises without payment of rent, LESSEE agrees to defend, indemnify, release and hold harmless the City from and against any and all loss, damage, liability, claims, demands, costs, charges and expenses (including, without limitation, attorney's and expert witness fees and other expenses of litigation) and causes of action of whatsoever character which the City may incur, sustain, or be subjected to on account of loss or damage to the Premises and loss of use thereof, or for bodily injury to or death of any persons (including, without limitation, property, employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected with the occupancy, operation, maintenance, use or enjoyment of the Premises under this license or lands adjacent to the Premises, whether owned by the City or others, if any such person's
use of such adjacent lands is related to the use of the Premises, and arising from any cause whatsoever, including any passive negligence of the City and excepting only, and in direct proportion to, the active negligence of the City which is the proximate cause of the event giving rise to the claim or liability. LESSEE agrees to indemnify and hold harmless the City from and against any and all loss, damage; liability, claims, costs, changes and expenses, and causes of action of whatsoever arising from the creation nor termination of this Lease Agreement
LESSEE waives any and all rights to any type of express or implied indemnity or right of contribution from The City for any liability, claims, demands, costs, charges and expenses including, without limitation, attorney's and expert witness fees and other expenses of litigation) and causes of action of whatsoever character on account of loss or damage to the Premises and loss of use thereof, or for bodily injury to or death of any persons (including, without limitation, property, employees, subcontractors, agents, and invitees of each party hereto) arising out of or in any way connected with the occupancy, operation, maintenance, use or enjoyment of the Premises under this license or lands adjacent to the Premises, whether owned by The City or others, if any such person's use of such adjacent lands is 355
related to the use of the Premises, and arising from any cause whatsoever, including any passive negligence of The City and excepting only, and in direct proportion to, the active negligence of The City which is the proximate cause of the event giving rise to the claim or liability.

It is agreed by the parties that "active negligence of The City" shall not be construed to include a failure or failures to act unless The City has a legal obligation to act and fails to
do so following written notice from LESSEE of the existence of conditions and circumstances alleged to give rise to The City's obligation to act. It is further agreed that active negligence of The City" does not include The City's approval of plans or execution by The City of any document or instrument, including this license and any supplement or modification thereto.

Ins~ 2reara: LESSEE shall obtain ~.nd maintain continuously in effect at all tunes during the terms hereof, at LESSEE's sole expense, a minimum of $1, 00000,comprehensive general liability insurance per occurence for bodily injury and property damage liability combined, insuring against all liability of LESSEE and its authorized representatives arising out of and connected with LESSEE'S use or occupancy of the property. All such policies of insurance shall be primary insurance, and shall include the following provisions: The City of South Lake Tahoe, its officers, agents, employees, and servants are included as additional insured, but only insofar as the operations under this contract are concerned; the Certificate of Insurance shall contain an endorsement requiring 30 days prior written notice from the insurance company to the City before cancellation or change in the coverage; scope or amount of the policy and each policy shall provide that any right of subrogation against the City is waived. A copy of LESSEE'S insurance policy together with all endorsements shall be submitted to the City for review and approval prior to the commencement of this lease and use of the property.

8. LESSEE further agrees that:
a. Condition of Premises Upon the expiration of the Lease, it shall return possession of the leased premises in its present condition, reasonable wear and tear, fire casualty excepted. LESSEE shall commit no waste to the leased premises. In the event the Art Building is rendered u~iusable due to acts of LESSEE or any other cause, including but not limited to fire, CITY shall have no obligation to restore or rebuild the Art Building. b. Assignment or Subletting LESSEE shall not assign or sublet said premises or allow any other person to occupy the leased premises.
c. Alterations LESSEE shall not make any material or structural alterations to the leased premises without CITY'Sprior written consent. LESSEE is responsible for landscaping.
d. Compliance with Law LESSEE shall comply with all building and zoning and health codes and other applicable laws for the use of said premises. e. Prior Agreement Superseded This agreement constitutes the only agreement of the parties and supersedes any prior written or oral agreements between the parties respecting the leasing of the premises known as the Art Building. 356
IN WITNESS WHEREOF, CITY AND LESSEE have executed this lease the date and year first hereinabove written.

CITY OF SOUTH LAKE TAHOE
Claire Fortier, Mayor jl / ~ j~
ATTEST:

ALESSI, City Clerk
APPROVED AS TO FORM:

Uy

TAHOE ART LEAGUE
Zuanita Gibbs Brock
3c~loZ~/~
t'
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357
T

LEASE AGREEMENT

BETWEEN

THE CITY OF SOUTH LAKE TAHOE AND

THE TAHOE ART LEAGUE
This Lease Agreement is entered into this 9th day of August, 2022 between the City of South Lake Tahoe, a municipal corporation, (hereinafter "CITY") and the Tahoe Art League, a California non-profit corporation, (hereinafter "LESSEE").

1. Leased Premises City hereby leases to LESSEE, the real property and improvements commonly known as the Art Building located at 3062 Lake Tahoe Boulevard, South Lake Tahoe, California (hereinafter "the Premises").

2. Term This lease shall be for a term of ten (10) years, commencing August 9, 2022, which term shall be renewable upon mutual consent of the parties provided however, that said lease may be terminated by either party with or without cause, by written notice one hundred and eighty (180) days prior to the termination date specified in said notice to the non-terminating party. Parties understand and agree that termination may be necessary as a result of ongoing and changing developments relative to the 56 Acres Project located in the vicinity of the Premises. Neither the creation nor termination of this Lease Agreement creates a duty or obligation of CITY to relocate or incur any cost to relocate LESSEE to another facility.

3. Use LESSEE shall have exclusive use of the above described premises as an art center, but shall accommodate requests by CITY for its occasional use. The City shall not request occasional uses that are disruptive to LESSEE's day to day operations. LESSEE, as part of its operation, may hold meetings, conduct classes, offer displays, conduct workshops and sponsor art demonstrations at said location.

Use of the premises shall be limited to art exhibits for the purpose of displaying art and selling, or promoting the sale of, the artistic products of Art League members and related events and uses.

4. Utilities and Services LESSEE shall pay all utilities supplied to the leased premises, including, but not limited to, gas, water, electricity, telephone and janitorial services. CITY shall provide snow removal services at approximately the same times and in the same manner, as such services are provided to other facilities on the 56 Acres Property. 358

5. Maintenance LESSEE shall maintain premises in good, clean, and safe condition, as an Art Center, to provide public information pertaining to year-round arts activities occurring at the South Shore of Lake Tahoe, public art education, and an art gallery. LESSEE shall perform maintenance and beautification improvements to the premises.

LESSEE shall provide all necessary minor building maintenance and repair to the interior and exterior of the building. In the event major maintenance, repair and improvements, including but not limited to, all heating, cooling, equipment and fixtures, and roofing become necessary, the parties shall meet and confer in good faith to determine whether or not such repairs and/or improvement should be completed and ifso, how the costs of such repairs and/or improvements are to be paid. In the event it is determined, LESSEE is to make such repairs and/or improvements. LESSEE shall be entitled to a mutually agreed upon pro-rata share of the costs of any expenses incurred in making such repairs and/or improvements, to be calculated based upon the remainder of the term of the lease.

6. Indemnification In consideration of LESSEE's occupancy of the leased premises without payment of rent, LESSEE agrees to defend, indemnify, release and hold harmless the City from and against any and all loss, damage, liability, claims, demands, costs, charges and expenses (including, without limitation, attorney's and expert witness fees and other expenses of litigation) and causes of action of whatsoever character which the City may incur, sustain, or be subjected to on account of loss or damage to the Premises and loss of use thereof, or for bodily injury to or death of any persons (including, without limitation, property, employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected with the occupancy, operation, maintenance, use or enjoyment of the Premises under this license or lands adjacent to the Premises, whether owned by the City or others, if any such person's use of such adjacent lands is related to the use of the Premises, and arising from any cause whatsoever, including any passive negligence of the City and excepting only, and in direct proportion to, the active negligence of the City which is the proximate cause of the event giving rise to the claim or liability. LESSEE agrees to indemnify and hold harmless the City from and against any and all loss, damage, liability, claims, costs, changes and expenses, and causes of action of whatsoever arising from the creation nor termination of this Lease Agreement
LESSEE waives any and all rights to any type of express or implied indemnity or right of contribution from The City for any liability, claims, demands, costs, charges and expenses (including, without limitation, attorney's and expert witness fees and other expenses of litigation) and causes of action of whatsoever character on account of loss or damage to the Premises and loss of use thereof, or for bodily injury to or death of any persons (including, without limitation, property, employees, subcontractors, agents, and invitees of each party hereto) arising out of or in any way connected with the occupancy, operation, maintenance, use or enjoyment of the Premises under this license or lands adjacent to the Premises, whether owned by The City or others, if any such person's use of such adjacent lands is r
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related to the use of the Premises, and arising from any cause whatsoever, including any passive negligence of The City and excepting only, and in direct proportion to, the active negligence of The City which is the proximate cause of the event giving rise to the claim or liability.

It is agreed by the parties that "active negligence of The City" shall not be construed to include a failure or failures to act unless The City has a legal obligation to act and fails to do so following written notice from LESSEE of the existence of conditions and circumstances alleged to give rise to The City's obligation to act. It is further agreed that "active negligence of The City" does not include The City's approval of plans or execution by The City of any document or instrument, including this license and any supplement or modification thereto.

7. Insurance LESSEE shall obtain and maintain continuously in effect at all times during the terms hereof, at LESSEE's sole expense, a minimum of $1,000,000 comprehensive general liability insurance per occurrence for bodily injury and property damage liability combined, insuring against all liability of LESSEE and its authorized representatives arising out of and connected with LESSEE'S use or occupancy of the property. All such policies of insurance shall be primary insurance, and shall include the following provisions: The City of South Lake Tahoe, its officers, agents, employees, and servants are included as additional insured, but only insofar as the operations under this contract are concerned; the Certificate of Insurance shall contain an endorsement requiring 30 days prior written notice from the insurance company to the City before cancellation or change in the coverage; scope or amount of the policy and each policy shall provide that any right of subrogation against the City is waived. A copy of LESSEE's insurance policy together with all endorsements shall be submitted to the City for review and approval prior to the commencement of this lease and use of the property.

8. LESSEE further agrees that:
a. Condition of Premises Upon the expiration of the Lease, it shall return possession of the leased premises in its present condition, reasonable wear and tear, fire casualty excepted. LESSEE shall commit no waste to the leased premises. In the event the Art Building is rendered unusable due to acts of LESSEE or any other cause, including but not limited to fire, CITY shall have no obligation to restore or rebuild the Art Building. b. Assignment or Subletting LESSEE shall not assign or sublet said premises or allow any other person to occupy the leased premises.
c. Alterations LESSEE shall not make any material or structural alterations to the leased premises without CITY's prior written consent. LESSEE is responsible for landscaping.
d. Compliance with Law LESSEE shall comply with all building and zoning and health codes and other applicable laws for the use of said premises. e. Prior Agreement Superseded This agreement constitutes the only agreement of the parties and supersedes any prior written or oral agreements between the parties respecting the leasing of the premises known as the Art Building. 360
IN WITNESS WHEREOF, CITY AND LESSEE have executed this lease the date and year first hereinabove written.

CITY OF SOUTH LAKE TAHOE TAHOE ART LEAGUE
____________________________ BY:____________________
Devin Middlebrook, Mayor Rebecca Bryson, President
ATTEST:
_____________________________
Susan Blankenship, City Clerk
APPROVED AS TO FORM:
____________________________
Heather Stroud, City Attorney
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: August 9, 2022
Agenda Item #: 11
Agenda Item: Cannabis Community Benefit Grant Program Awards and Payment Authorization Executive Summary: City Council Allocated $400,000 of cannabis revenue towards the community benefit grant program for 2022. The grant committee awarded grants to fourteen projects that were most consistent with the program criteria. Five organizations were awarded grants in the amount of $50,000 which require City Council approval. Staff is requesting authorization to execute grant agreements with two grantees that submitted all required documentation.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the City Manager to execute grant agreements in the amount of $50,000 with Tahoe Youth and Family Services and Tahoe Coalition for the Homeless, and issue payments to awardees for 2022 Community Benefit Grant Program.

Responsible Staff Member: Olga Tikhomirova, Director of Finance Responsible Staff Member: Olga Tikhomirova, Director of Finance (530)542-7431 Reviewed and Approved By:

Susan Blankenship, City Clerk
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Cannabis Grant Awards Authorization.docx 02-TYFS CSLT Cannabis Revenue Grant AGREEMENT.pdf
03-TCH CSLT Cannabis Revenue Grant AGREEMENT.pdf
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Council Agenda Report- August 9, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: August 9, 2022
Title: Cannabis Community Benefit Grant Program Awards and Payment Authorization for Tahoe Youth and Family Services and Tahoe Coalition for the Homeless Location: Citywide
Responsible Staff Member: Olga Tikhomirova, Director of Finance, (530) 542-7431 Background: On May 18, 2021, City Council adopted Resolution No. 2021-039, establishing the Cannabis Community Benefit Fee Revenue Allocation Policy. Under this policy, City Council committed to allocate up to 50 percent of the previous year’s cannabis revenue to a community benefit grant program. On March 15, 2021, the City Council adopted Resolution No. 2022-030 establishing the Cannabis Revenue Grant Program Process and Guidelines. During the FY21/22 mid-year budget review process, City Council allocated $400,000 of cannabis revenue towards 2022 grant program. The grant committee, consisting of the Mayor, one City Council Finance Committee member, the City Manager and the City’s Finance Director, reviewed twenty-three (23) applications submitted to the current year’s grant program and awarded grants to fourteen (14) projects that were most consistent with the program criteria, as was reported to the City Council at the June 21, 2022 city council meeting.

Issue and Discussion: The committee awarded grants of $50,000 to five organizations out of total fourteen. The City Council authorization to execute grant agreements by the City Manager and issue payments to awardees once all conditions are met, is required per the City’s Procurement Policy. The organizations awarded $50,000 grant are:

Tahoe Alliance for Safe Kids (TASK) 50,000
Family Resource Center 50,000
Tahoe Coalition for the Homeless 50,000
Lake Tahoe Unified School District (LTUSD) 50,000
Tahoe Youth and Family Services 50,000
The following two organizations submitted the required documentation and met all conditions of the grant program: Tahoe Youth and Family Services (TYFS) and Tahoe Coalition for the Homeless (TCH). Staff will bring the remaining grant agreements to City Council for authorization of payment once documentation is received from the grantees.

Financial Implications: $400,000 was designated for this program in the current fiscal year 2021-22 budget in the account 223-02120-44032 Cannabis Program Contributions/Sponsorships.

Execution of grant agreements and payments in the amount of $50,000 require City Council 363
Council Agenda Report- August 9, 2022 Page 2 of 2
approval. Staff is requesting approval of two grant agreements and payments to grantees that submitted all required documentation.

Environmental Considerations: This is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (continuing administrative activities).

Policy Implications: Consistent with City’s Financial Policies – Procurement Policy. 364

GRANT AGREEMENT BETWEEN THE CITY OF SOUTH LAKE TAHOE
AND Tahoe Youth and Family Services
Cannabis Revenue Grant Program
This Grant Agreement (“Agreement”) is dated for reference this [____] of [________], 2022, by and between the CITY OF SOUTH LAKE TAHOE, a municipal corporation, hereinafter referred to as “City” and Tahoe Youth and Family Services, a California 501(c)(3) organization / type of government agency hereinafter referred to as “Grantee,” who agree as follows:

1. Grant Funds. The City agrees to provide Grantee with a sum not to fifty thousand dollars ($50,000) (“Grant Funds”) to be used solely for the services described in Grantee’s application, attached hereto as Exhibit A, and Scope of Work, attached hereto as Exhibit B (“Grant Services”) in accordance with the terms and conditions set forth in this Agreement. Grantee shall expend the Grant Funds in accordance with the Budget, attached hereto as Exhibit C, by Closing Date specified on the Scope of Work, and shall obtain the written approval of City at least fifteen (15) days before transferring expenditures from one line item to another within the Budget. At the termination of the Agreement, Grantee must return to City any unexpended Grant Funds.

2. Disbursement Procedures. Grant Funds shall be disbursed to Grantee as follows:

A. The City shall make all disbursements of Grant Funds pursuant to this Section by check payable to Grantee, sent via U.S. mail. The City shall make disbursements of the first 90 percent (90%) of Grant Funds upon receipt of this executed Agreement.

B. Ten percent (10%) of Grant Funds will be withheld until completion of Grant Services and receipt, review, and approval by City of the Closeout Report, due by Closing Date. The City will disburse the remaining ten percent (10%) of Grant Funds within 30 days of receipt of a Closeout Report meeting the requirements of this Agreement.

3. Grant Services.

A. Grantee shall perform the services described in the Grant Application, and the Scope of Work. Grantee shall obtain the written approval of City at least fifteen (15) days before making changes to the services to be provided pursuant to this Agreement.

B. Grantee shall provide a project Budget, Exhibit C, detailing the proposed use of Grant Funds that will support the performance of the project.

C. Grantee shall use Grant Funds only to provide the Grant Services authorized by this Agreement and any Grant Funds used for any other purpose must be returned 365
to the City.

D. Any costs incurred by Grantee in excess of the authorized Grant Funds shall be at its sole cost and expense.

4. Grant Term. This Agreement shall commence on the date it is fully executed and shall continue in full force and effect for a term as defined in the Scope of Work.

5. Termination. In event of Grantee’s noncompliance with any provisions of this Agreement, the City may cancel, terminate, or suspend this Agreement and withhold any disbursement of remaining Grant Funds.

6. Hold Harmless: Grantee hereby irrevocably and unconditionally agrees to defend, indemnify, and hold harmless the City and its officials, employees, agents, and volunteers from and against any and all claims, losses, damages, expenses (including reasonable attorneys’ fees and costs), and liabilities directly, indirectly, wholly, or partially arising from or related to any act or omission of Grantee or its officers, directors, trustees, employees, or agents in applying for or accepting the Grant, in expending or applying the Grant, in furtherance of the Grant Services, or in carrying out the program to be funded or financed by this Grant. This provision shall survive termination of this Agreement.

7. Official Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:

If to City:

Joe Irvin
City Manager
City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
If to Grantee:

Brian Conway
Executive Director
Tahoe Youth and Family Services
1021 Fremont Ave
South Lake Tahoe, CA 96150
Either party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.

8. Mid-Year Report. Starting November 31, 2022, Grantee shall provide the City with a MidYear report summarizing all expenditures of the Grant Funds to date, including any deviations from the Scope of Work and Budget, and a concise narrative report stating accomplishments to date. Every six months thereafter, Grantee shall submit a Mid-Year Report. Mid-Year Report Template is provided in Exhibit D.

9. Closeout Report. Grantee shall provide the City with a Closeout Report summarizing all expenditures of the Grant Funds during the entirety of the grant term, including any deviations from the Scope of Work and Budget and a detailed narrative report stating what was accomplished with the Grant Funds. The Closeout Report should include copies of 366
proof of expenditures as attachments. Closeout Report Template is provided in Exhibit E.

10. Record Retention and Access. The City, or any of its duly authorized representatives, shall have access to any books, documents, papers, and records of Grantee that are directly pertinent to this Agreement for undertaking an audit and/or examination, and/or for preparing excerpts, and/or transcriptions. Grantee shall maintain all required records for five (5) years after City makes final payments and all other pending matters are closed.

11. Relationship of the Parties. It is understood that this is an Agreement by and between independent entities and is not intended to, and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever.

12. Conflict of Interest. Grantee warrants and represents that no persons under its employ who presently exercise any functions or responsibilities in connection to this Agreement have any personal financial interests with the City and will not enter into any contract or agreement during the performance of this Agreement that will create a conflict of interest with Grantee’s duties to City under this Agreement.

13. Non-discrimination. Grantee will provide its services without regard to race, religion, color, national origin, ancestry, disability, medical status, age, sex or sexual orientation of any person.

14. Acknowledgement of City. Grantee shall acknowledge the support of City, where appropriate, in written documents, outreach materials, and informational materials regarding the receipt of funds under this Agreement.

15. Successors and Assigns. Grantee shall not, either directly or indirectly assign, transfer, subcontract or delegate all or any portion of this Agreement or any rights, duties or obligations of Grantee hereunder without the prior written consent of City. This Agreement shall not, nor shall any interest herein, be assignable as to the interest of Grantee involuntarily or by operation of law without the prior written consent of City. A change of ownership or control of Grantee or a sale or transfer of substantially all of the assets of Grantee shall be deemed an assignment for purposes of this Agreement.

16. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of El Dorado County, South Lake Tahoe Division, in the State of California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

17. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
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18. Compliance with Laws. Grantee will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.

19. Entire Agreement. This Agreement, including all Exhibits, constitutes the sole agreement of the parties hereto with regard to the matters covered in this Agreement, and correctly states the rights, duties and obligations of each party as of the date of this Agreement. Any prior agreements, promises, negotiations or representations between the parties not expressly stated in this Agreement are not binding.

20. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.

21. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsels and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.

22. Organization Authorization. Grantee is a nonprofit grantee, duly organized and validly existing and in good standing under the laws of the jurisdiction in which it was formed.

Grantee has established and maintains valid nonprofit status under Section 501(c) (3) of the United States Internal Revenue Code of 1986, as amended, and all rules and regulations promulgated under such section. Grantee has been duly authorized by all necessary action the execution, delivery and performance of this Agreement. Grantee has duly executed and delivered this Agreement and this Agreement constitutes a legal, valid and binding obligation of Grantee, enforceable against Grantee in accordance with the terms of this Agreement.

23. California Public Records Act. Grantee acknowledges and agrees that this Agreement, including any attachments and/or exhibits thereto, is a public record and subject to the disclosure requirements of the California Public Records Act, California Government Code Section 6250 et. seq.

24. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:

Exhibit A, “Grant Application”
Exhibit B, “Scope of Work”
Exhibit C, “Budget”
Exhibit D, “Mid-Year Report Template”
Exhibit E, “Closeout Report Template”.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year shown below the name of each of the parties.

CITY OF SOUTH LAKE TAHOE, TAHOE YOUTH AND FAMILY SERVICES a municipal corporation
By: By:

Joe Irvin Brian Conway
City Manager Executive Director
Date: Date:

APPROVED AS TO FORM:

Heather L. Stroud
City Attorney
ATTEST:

Susan Blankenship
City Clerk
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EXHIBIT A:

GRANT APPLICATION
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EXHIBIT B:

SCOPE OF WORK
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2022 Cannabis Revenue Grant Program of the City of South Lake Tahoe City of South Lake Tahoe

CANNABIS REVENUE GRANT PROGRAM

AWARDEE SCOPE OF WORK
Please submit this Scope of Work detailing the timeline and tasks as described in the Grant Application, providing additional detail as appropriate. Please be concise.

Project Title:

Awardee Organization:

Award Date: June 2022
Closing Date: March 31, 2023

1. Please provide a description of the project, in alignment with the project as described in the Grant Application. (Complexity will vary among projects. Please keep to around one page).

The project will fund a full time Substance Use Disorder Prevention & Treatment Specialist who will engage the community through public information events, provide substance use prevention services to youth through a collaborative partnership with Lake Tahoe Unified School District, provide treatment services to youth and adults who are identified as needing treatment, and make referrals to other substance use treatment and behavioral health treatment providers as needed.

2. Please insert a project implementation schedule by month, noting activities and relevant milestones. This may be a table or a bulleted list.

July – Develop prevention curriculum for use with adolescents and develop community education and engagement materials for quarterly community presentation. Develop database for tracking services provided and outcomes if appropriate.

August – September Hold first quarterly community education and engagement presentation/meeting and work with schools to develop schedule for presentations and prevention groups. Begin referring anyone identified as needing behavioral health services to behavioral health providers for services.

October – December Host second quarterly community education and engagement presentation/meeting. Provide ongoing prevention services in schools. Begin providing treatment services to those identified as needing treatment who have been screened and assessed. Continue to refer those individuals identified as needing behavior health services to behavioral health providers.

January – March Host third quarterly community education and engagement presentation/meeting.

Continue providing ongoing prevention services to youth. Continue to provide treatment services to adolescents and adults who have been identified, screened, and assessed as needing treatment services. 376
2022 Cannabis Revenue Grant Program of the City of South Lake Tahoe Continue to refer those individuals identified as needing behavior health services to behavioral health providers.

3. Please describe up to five high-level tasks necessary for completing the project. 1) Develop materials for community presentations, schedule for presentation, and communications plan for announcing/advertising the presentations 2) Select the curriculum to be used for prevention work and develop delivery implementation plan for curriculum.
3) Work with Lake Tahoe Unified School District to develop plan for roll out of prevention services, including identifying students who may benefit from prevention services and a schedule for each campus. Additionally develop a system for identification and referral of students who may need treatment services.
4) Develop data tracking system for the project.
5) Engage other collaborative partners to help promote the project and identify opportunities to engage those that they serve in the project as appropriate. Partners may include agencies such as Boys and Girls Club, Family resource Center, Live Violence Free etc...