Agenda packet — South Lake Tahoe City Council, August 8, 2023 (part 2 of 5)

B. National Objectives
All activities funded with CDBG funds must meet one of the CDBG program’s National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208.*
The Subrecipient certifies that the activity (ies) carried out under this Agreement will meet the low- and moderate-income persons National Objective by implementing childcare and youth Services to low- and moderate-income families.

C. Levels of Accomplishment – Goals and Performance Measures The levels of accomplishment may include such measures as units rehabbed, persons or households assisted, or meals served, and should also include time frames for performance.

The Subrecipient agrees to provide the following minimum levels of program services:

Activity Total Units/Month
Free summer childcare services #97
Free afterschool childcare services #150
Units are defined as Low and Moderate clientele, which are children served for free by the Club.

D. Staffing
The following Subrecipient staff will be allocated to provide the services described in Section 1. A above.

Adam Gyarmati, Booker
Christina Ramos, Membership Coordinator
E. Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated.

II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 8th day of August, 2023 and end on the 28th day of February of 2024.

III. BUDGET
Line Item Amount:

Scholarships $24,484.00
*Sample Form Only. Not to be Used as a Legal Contract.
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Equipment $25,483.56
Supplies and Materials $1,170.28
Training $6,800.00
Replacement air filters $1,500.00
Annual air scrubber maintenance $600.00
Other (COVID-19 additional $27,556.00
materials/supplies if needed)
TOTAL $87,594.00
In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient.

IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed the remaining grant fund balance of $87,594.00. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance.

Payments may be contingent upon certification of the Subrecipient’s financial management system in accordance with the standards specified in 24 CFR 84.21.

V. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.

Grantee:

Development Services Dept.

City of South Lake Tahoe
1052 Tata Lane
South Lake Tahoe, Ca 96160
Provide a copy to:

City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Marloff Way, Suite 300
South Lake Tahoe, CA 96150
Subrecipient:
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Boys and Girls Club of Lake Tahoe
1100 Lyons Avenue
South Lake Tahoe, CA 96150
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Communication and details concerning this contract shall be directed to the following contract representatives:

Grantee Subrecipient
Hilary Roverud Jude Wood
Director of Development Services Executive Director
City of South Lake Tahoe Boys and Girls Club of Lake Tahoe (530) 542-6024 (530) 542-0838
[email protected] [email protected]
VI. SPECIAL CONDITIONS
Subrecipient must utilize funding to address a common child care issue that is related to the COVID-19 Pandemic and provide to residents within the City of South Lake Tahoe.

VII. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient’s environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.

B. “Independent Contractor”
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an “independent contractor” with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Subrecipient is an independent contractor.
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C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient’s performance or nonperformance of the services or subject matter called for in this Agreement.

D. Workers’ Compensation
The Subrecipient shall provide Workers’ Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.

E. Insurance & Bonding
The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee.

The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and

84.48, Bonding and Insurance.

F. Grantee Recognition
The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement.

G. Amendments
The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement.

The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient.

H. Suspension or Termination
In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following:
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1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time;

2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement;

3. Ineffective or improper use of funds provided under this Agreement; or

4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect.

In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety.

VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management

1. Accounting Standards
The Subrecipient agrees to comply with 24 CFR 84.21−28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB Circulars A-122, “Cost Principles for Non-Profit Organizations,” or A-21, “Cost Principles for Educational Institutions,” as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

B. Documentation and Record Keeping

1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement.

Such records shall include but not be limited to:
a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
c. Records required to determine the eligibility of activities; 152

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d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21−28; and
g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.

2. Retention
The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the Grantee’s annual performance and evaluation report to HCD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the fouryear period, whichever occurs later.

3. Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request.

4. Disclosure
The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee’s or Subrecipient’s responsibilities with respect to services provided under this contract, is prohibited by the law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.

5. Close-outs
The Subrecipient’s obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to:
making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds.
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6. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Federal Government or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and OMB Circular A-133.

C. Reporting and Payment Procedures

1. Payment Procedures
The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient.

2. Progress Reports
The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee.

D. Procurement

1. Compliance
The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement.

2. OMB Standards
Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40−48.

3. Travel
The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement.

E. Use and Reversion of Assets
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The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable.

IX. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights

1. Compliance
The Subrecipient agrees to comply with City and state civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.

2. Nondiscrimination
The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable.

1. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.

L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 155

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4. Section 504
The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement.

B. Affirmative Action

1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds.

2. Women- and Minority-Owned Businesses (W/MBE)
The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.

3. Access to Records
The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein.

4. Notifications
The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker’s representative of the Subrecipient’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 156

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5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer.

6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors.

C. Employment Restrictions

1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities.

2. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S.

Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request.

The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph.
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3. “Section 3” Clause
a. Compliance
Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient’s subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient’s subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements.

The Subrecipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement:
“The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.” The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs.
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The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications
The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker’s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.
c. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.

D. Conduct

1. Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee.

2. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement.
b. Monitoring
The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance.
c. Content
The Subrecipient shall cause all of the provisions of this contract in its entirety to 159

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be included in and made a part of any subcontract executed in the performance of this Agreement.
d. Selection Process
The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process.

3. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.

4. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following:
a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency.

5. Lobbying
The Subrecipient hereby certifies that:
a. 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 160

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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;
b. 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, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and
c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly:
d. Lobbying Certification
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.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

6. Copyright
If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes.

7. Religious Activities
The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization.

X. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement:
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- Clean Air Act, 42 U.S.C. , 7401, et seq.;
- Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder;
- Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.

B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).

C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted.

D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement.

In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list.

XI. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

XII. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 162

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XIII. WAIVER
The Grantee’s failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.

XIV. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement.

Attest_______________________________________
Susan Blankenship City Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:

Fed. I. D. #___________________________
______________________________________________
Heather Stroud, City Attorney
Title
163
5/24/2023
Sukhpreet Martinez
164
SUBRECIPIENT AGREEMENT*

AGREEMENT BETWEEN CITY OF SOUTH LAKE TAHOE
AND

BOYS AND GIRLS CLUB OF LAKE TAHOE
FOR
2020 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMCORONAVIRUS RESPONSE ROUND 1 THIS AGREEMENT, entered this 7th day of September, 2021 by and between the City of South Lake Tahoe (herein called the “Grantee”) and Boys and Girls Club of Lake Tahoe (herein called the “Subrecipient”).

WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; I. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for administering a CDBG Year 2020 Coronavirus Response Round 1 grant in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program:

Activity Boys and Girls Club of Lake Tahoe is located at 1100 Lyons Ave. in South Lake Tahoe. The Club provides school-aged childcare services to low- and moderateincome families. With the CDBG CVI funding the Boys and Girls Club will be able to cover their COVID mitigation cost for their Summer Programs for 2020 and 2021. The Programs included full-day child care, art, STEM, recreation, healthy lifestyles, good character and citizenship activities. The expenses incurred were cleaning supplies, safety equipment, tents, snacks, salaries and extra payroll costs; therefore additional staffing is necessary.

General Administration Grantee will set-up the grant administration files and will monitor the grant contract to ensure full compliance with HCD guidelines. For example, Grantee will review and track all expenditures prior to submitting reimbursement requests. Grantee will also maintain appropriate records and documentation to satisfy any audit requirements including proper closeout of the grant.

B. National Objectives
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All activities funded with CDBG funds must meet one of the CDBG program’s National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208.*
The Subrecipient certifies that the activity (ies) carried out under this Agreement will meet the low- and moderate-income persons National Objective by implementing childcare and youth Services to low- and moderate-income families.

The Subrecipient agrees to provide the following minimum levels of program services:

Activity Total Units
Childcare Services # of units
Units are defined as Low and Moderate clientele, which are children served.

D. Staffing
The following Subrecipient staff will be allocated to provide the services described in Section 1. A above.

Cecelia Bachelder, Booker
Christina Ramos, Membership Coordinator
E. Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated.

II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 7th day of September 2021 and end on the 6 th day
of May of 2022.

III. BUDGET
Line Item Amount:

Salaries $31,095.00
Utilities wi-fi $1,150.00
Supplies/Program $153.86
Supplies and Materials $1,375.82
*Sample Form Only. Not to be Used as a Legal Contract.

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Other (snacks) $9,000.00
Indirect Costs (Specify) ________
TOTAL $42,774.68
In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient.

IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed $42,775.00. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph III and in accordance with performance.

Payments may be contingent upon certification of the Subrecipient’s financial management system in accordance with the standards specified in 24 CFR 84.21.

Grantee:

Development Services Dept.

City of South Lake Tahoe
1052 Tata Lane
South Lake Tahoe, Ca 96160
Provide a copy to:

City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Marloff Way, Suite 300
South Lake Tahoe, CA 96150
Subrecipient:

Boys and Girls Club of Lake Tahoe
1100 Lyons Avenue
South Lake Tahoe, CA 96150
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Communication and details concerning this contract shall be directed to the following contract representatives:

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D. Workers’ Compensation
The Subrecipient shall provide Workers’ Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.

The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and

84.48, Bonding and Insurance.

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2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement;

3. Ineffective or improper use of funds provided under this Agreement; or

4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect.

VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management

B. Documentation and Record Keeping

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C. Reporting and Payment Procedures

2. Progress Reports
The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee.

D. Procurement

2. OMB Standards
Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40−48.

3. Travel
The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement.

E. Use and Reversion of Assets
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The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable.

IX. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights

1. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.

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B. Affirmative Action

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C. Employment Restrictions

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D. Conduct

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X. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement:

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Date
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. [Grantee] [Subrecipient]
By__________________________________________By___________________________ Joseph Irvin, City Manager
Attest_______________________________________
Susan Blankenship City Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:

Fed. I. D. #___________________________
______________________________________________
Heather Stroud, City Attorney
Title
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September 7, 2021
Jude Wood, Executive Director
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.

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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 8, 2023
Agenda Item #:9
Agenda Item: Financial Policy Amendments Regarding Cell Phones, Local Training & Meeting, Procurement, Grant Funding and Compliance, Travel, and Preserving Capital Investments, and New Financial Policy - Leases and Subscription Based Information Technology Arrangements (SBITAs) 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 Cityâ€™s assets and resources. Staff recommends amendments to the Cell Phone Policy, Local Travel and Meeting Policy, Procurement Policies and Procedures, Grant Funding and Compliance Policy, Travel Policy, and Preserving Capital Investments Policy to streamline efficiencies and update policies to reflect the requirements of current laws and regulations. The purpose of the Leases and Subscription Based Information Technology Arrangements (SBITAs) policy is to establish procedures and ensure compliance with Governmental Accounting Standards Board (GASB) Statement No. 87, Leases, and GASB Statement No. 96, SBITAs.

Requested Action / Suggested Motions: Pass a Resolution amending financial policies regarding Cell Phones, Local Training & Meeting, Procurement, Grant Funding and Compliance, Travel, and Preserving Capital Investments, and adopting New Financial Policy - Leases and Subscription Based Information Technology Arrangements (SBITAs)
Responsible Staff Member: Andrew Black, Financial Services Supervisor, Lori Marino, Principal Management Analyst , Olga Tikhomirova, Finance Director Reviewed and Approved By: Olga Tikhomirova, Finance Director Susan Blankenship, City Clerk Heather Stroud, City Attorney
Attachments:
01-Staff Report - Financial Policy Amendments and New Policy.docx 02-Resolution_-_Financial_Policy_Amendments_and_New_Policy.docx 03-CSLT Cell Phones Policy Redline.pdf
04-CSLT Cell Phones Policy (Exh. A to Reso).pdf
05-CSLT Local Training and Meeting Policy Redline.pdf
06-CSLT Local Training and Meeting Policy (Exh. B to Reso).pdf 07-CSLT Procurement Policy Redline.pdf
08-CSLT Procurement Policy (Exh. C to Reso).pdf
09-CSLT Grant Funding Compliance Policy Redline.pdf
10- CSLT Grant Funding Compliance Policy (Exh. D to Reso).pdf 11-CSLT Travel Policy Redline.pdf
12-CSLT Travel Policy (Exh. E to Reso).pdf
13-CSLT Preserving Capital Investments Redline.pdf
14-CSLT Preserving Capital Investments (Exh. F to Reso).pdf 15-CSLT Leases and SBITAs Policy (Exh. G to Reso).pdf
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Council Agenda Report- August 8, 2023 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: August 8th, 2023
Title: Financial Policy Amendments Regarding Cell Phones, Local Training & Meeting, Procurement, Grant Funding and Compliance, Travel, and Preserving Capital Investments, and New Financial Policy - Leases and Subscription Based Information Technology Arrangements (SBITAs)
Location: Citywide
Responsible Staff Member: Andrew Black, Financial Services Supervisor Lori Marino, Principal Management Analyst
Olga Tikhomirova, Director of Finance
Background: The City Council adopted the City of South Lake Tahoe Comprehensive Financial Policies in July 2005. Each year the policies are reviewed, and necessary amendments, or new policies are presented to the City Council for adoption.

Issue and Discussion: The following policy amendments and additions are recommended:
 Cell Phone Policy: The proposed policy amendments ensures compliance with the Public Records Act including prohibiting employees from transacting Official City Business from personal cell phones unless the communication is captured and retained in a City account.

Updates also removed outdated information.
 Local Training and Meeting Policy: The proposed policy update clarifies and highlights restrictions on using Cal-Cards or Petty Cash for meal costs. It also creates the Emergency Service Meal Approval Form and associated procedures and adds language emphasizing restrictions on payment for meals of representatives of outside agencies, consultants, contractors, or any other attendee. Additionally, it establishes requirements and approval procedures for missing or lost receipts.
 Procurement Policies and Procedures: Amendments to this policy include language added to City Code Chapter 3.45, Article II. Public Contracts and the Uniform Public Construction Cost Accounting Act as approved by City Council on January 24, 2023. The following paragraphs were added to policy subsections ‘Public Projects (CUPCCA)’ and ‘Bid and RFP/RFQ Evaluations’:
o Prequalification
o Lowest Responsible Bidder
o Design-Build Contracts
o Waiver of Irregularities and Rejection of Bids
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Council Agenda Report- August 8, 2023 Page 2 of 2
 Grant Funding and Compliance Policy: The proposed policy update clarifies Council approval requirements as a two-step process for both application submittal and award acceptance. It also emphasizes documentation requirements for payment requests of invoices submitted for payment 45 days or more beyond the date of the invoice.  Travel Policy: Proposed amendments to this policy include clarifications regarding Out-of-State travel approval, restrictions on the use of Petty Cash for meals while traveling and establishes requirements for authorization of travel using the Travel Authorization/Advance Form prior to registration or reservations. The policy also establishes requirements and approval procedures for missing or lost receipts.
 Preserving Capital Investments Policy: Amendments to this policy remove outdated language regarding interest capitalization requirements and include other minor clean up changes.  New Financial Policy - Leases and Subscription Based Information Technology Arrangements (SBITAs): The proposed policy establishes guidelines for the recognition, measurement, presentation, and disclosure of leases and Subscription-Based IT Arrangements (SBITAs) in accordance with the requirements of Governmental Accounting Standards Board (GASB) Statement No. 87, Leases, and GASB Statement No. 96, SBITAs.

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. As a result of the new Leases and SBITAs policy, assets and liabilities may be recognized on the City’s Government-wide Statement of Net Position as determined by the policy’s established thresholds.

Environmental Considerations: These policy additions and 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.
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Resolution 2023-XXX August 08, 2023 Page 1 of 2
Resolution 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
August 8, 2023
Approving Financial Policy Amendments Regarding Cell Phones, Local Training & Meeting, Procurement, Grant Funding and Compliance, Travel, Preserving Capital Investments, and Adopting New Financial Policy - Leases and Subscription Based Information Technology Arrangements (SBITAs)

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 Cell Phone Policy, Local Travel and Meeting Policy, Procurement Policies and Procedures, Grant Funding and Compliance Policy, Travel Policy, and Preserving Capital Investments Policy have been presented to the City Council for review and described in the staff report; and
D. New policy, Leases and Subscription Based Information Technology Arrangements (SBITAs), establishes guidelines for the recognition, measurement, presentation, and disclosure of leases and Subscription-Based IT Arrangements (SBITAs) in accordance with the requirements of Governmental Accounting Standards Board (GASB) Statement No. 87, Leases, and GASB Statement No. 96, SBITAs; 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- Cell Phones (attached hereto as Exhibit A), Local Training and Meeting (attached hereto as Exhibit B), Procurement Policies and Procedures (attached hereto as Exhibit C), Grant Funding and Compliance (attached hereto as Exhibit D), Travel (attached hereto as Exhibit E), and Preserving Capital Investments (attached hereto as Exhibit F); and

2. Adopts the New Financial Policy - Leases and Subscription Based Information Technology Arrangements (SBITAs) dated August 2023 (attached hereto as Exhibit G).

Adopted by the City of South Lake Tahoe City Council on August 08, 2023 by the following vote:

Yes:

No:

Abstain:

Absent:
________________________ Date: _________
Cristi Creegan, Mayor
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Resolution 2023-XXX August 08, 2023 Page 2 of 2
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.
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City of SLT Financial Policies – Cell Phones 1 June 2008

CELLULAR PHONE POLICY

INTRODUCTION
There are millions of cell phones and wireless communication devices in operation today. This technology is now an integral part of our daily personal and business activity. In this wireless era, cell phones, Personal Digital Assistants (PDA’s), smart phones, etc. provide instant communication and information where one may transact business almost anywhere in the world. These devices are tools to enhance employee productivity, provide safety/security while traveling, and provide a higher level of service to the citizens of South Lake Tahoe.

The benefits of wireless communication devices certainly outweigh the disadvantages. However, with more cell phones in the work environment, the constant ringing, beeping and personal conversations can be distracting. In an effort to maximize efficiency, enhance safety and ensure the equipment is properly used, the City of South Lake Tahoe shall enforce the following policy.

PURPOSE:

The purpose of the Cellular Phone Policy is to:

1. Provide standards and clarification for city-issued and personal cellular phone use;

2. Enhance the efficiency and effectiveness of communication;

3. Ensure safe work practices when using cell phones while driving or performing work-related activities;

4. Ensure compliance with SB 1613, which will prohibit drivers from using a cell phone unless they are also using a hands-free device; and to

5. Ensure compliance with Federal (IRS), State (AB1234, Public Records Act) and Local (Ethics and Wrongdoing in the Workplace Policies) rules and regulations.

DefinitionsDEFINITIONS
Vehicle – a land motor vehicle, motorcycle, trailer or semi-trailer designed for travel on public roads and or any off road vehicle.

Business call or text – any phone call or text message made by an employee for the purpose of conducting official City business in accordance with that employee’s assigned duties and responsibilities.

Cell phone – any wireless communication device, including personal digital assistants (PDA’s) and smart phones.

City Issued Cell Phone – any wireless communication device, including personal digital assistant (PDA’s) and smart phones provided by the City to the employee for business use.

Personal Cell Phone - an employee owned wireless communication device, including personal digital assistant (PDA’s) and smart phones.

Employee – any person who is hired to provide services to the City on a regular basis in exchange for compensation, or any person who is an elected or appointed official or volunteer, whether or not they are compensated, while acting for or on behalf of the City.

Personal call or text – any phone call or text message made by an employee that is NOT for the purpose of conducting official City business in accordance with that employee’s assigned duties and responsibilities.

I. Use of Cellular Phone for Official Business
A. City-issued Cellular Phone
The Purchasing ManagerFinance Director, or a designee, will determine the suitable carrier(s) for Cityissued cell phones and personal digital assistants (PDA’s). Purchasing ManagerFinance Director, or a 187
City of SLT Financial Policies – Cell Phones 2 June August 200823 designee. shall manage the administration and be the main point of contact for City cell phones and cellular contract(s), including types and models of equipment to be used, number of users, amount of usage, initial set-up, plan changes, service and billing issues and service purchased under the contract. The Purchasing Manager, or his/her designee, shall provide each
Department Head/Division Manager with a copy of telephone calls made by each of their employees for review and approval on a monthly basis.

Department Head/Division Manager shall inform employees of the purpose for cell phone communication while performing City business; ensure the employee understands the Cell Phone Policy; enforce compliance with this policy; and ensure that cell phone use is appropriate and that public funds are prudently spent. Approval shall be given to the Purchasing ManagerFinance Director, or a designee, in writing by using the “Cell Phone Policy Acknowledgment Form” (See Attachment “A”) and the “Wireless Equipment Request Form” (see Attachment “B”).

2. Approving managers shall audit each monthly bill for City-issued phones to account for proper business use prior to sending statement(s) to Purchasing for payment. An approval form will be created and distributed to all Department Heads/Division Managers upon Council’s approval of this Cell Phone Policy.

3.2. Employee shall review and adhere to the Cell Phone Policy.

4.3. Employee should use their cell phone to report emergencies to the appropriate authorities.

5.4. Use of a City provided cell phone for commercial profit or secondary employment is prohibited.

6.5. City provided cell phones shall only be used for appropriate business calls and texts. The employee should use their cell phone only if other methods of communication are not available.

As a general rule, personal phone calls are not allowed on City-issued cell phones. If employee has an urgent personal issue arise, phone must only be used on a de minimus (less than 10 minutes) basis.

7. The City does not offer employees personal use of free night, weekend, cell-to-cell, text, picture or any other enhanced plan.

8.6. City issued cell phones are to be used by the assigned employee(s) only. Allowing family members, friends, etc. to use City equipment is prohibited.

B. Personal Owned Cellular Phone for Official City Business A City employee is offered the option to use his or her personal cellular phone for business purposes if his or her employment activities warrant such a device. Prior approval from the Division Manager or Department Head, whichever is applicable, shall be given in writing by using the “Cell Phone Policy Acknowledgment Form” (see Attachment “A”). While on duty or in the work environment, employees must use their personal cell phones in a professional manner.Employees are prohibited from transacting Official City Business from personal cell phones unless the communication is captured and retained in a City account.

II. General Business Usage
A. All cellular calls using a City issued cell phone should be limited to the shortest possible time.

B. Service charges are incurred by the City for the use of optional services such as directory assistance, direct connection by directory assistance, busy signal confirmations, and emergency Formatted: Normal, Justified, Indent: Left: 0.5", Space Before: 6 pt, Tab stops: Not at 6.5"
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City of SLT Financial Policies – Cell Phones 3 June August 200823 interrupts. As such, the use of these services on City-issued cellular phones is restricted for business purposes only and should be used only when absolutely necessary. Monthly usage plans for City-issued cellular phones shall be indicated when filling out the “Wireless Equipment Request Form” (see Attachment “B”).
1) If usage history is deemed to be too low or high a more appropriate plan shall be considered based on the Purchasing Manager’s recommendation. 2) Contact the Purchasing Manager for changes.

C. Each employee assigned a City cellular telephone shall review, on an ongoing basis, their billing statement that itemizes the incoming and outgoing calls to ensure that calls placed on the cellular phone are valid and in conformance with this policy. Calls that appear to be billed to the City in error shall be reported to the Purchasing Division.

D. Unless authorized, text messages are not to be sent or received. If a text message is received that is not authorized you will need to inform the sender to cease sending such text messages. If text messages are part of the employees business needs and authorized, a text message plan should be coordinated with the Purchasing Manager, for business use only, to determine the best, most economic plan that will meet monthly needs.

A. Unless authorized, any enhanced service such as text, data, picture, ringer tones, downloading of songs or internet not included in the basic plan shall not be permitted on a City-issued cellular phone.

B. Those employees who are issued cellular phones with a camera feature shall not use the camera feature except in a work related emergency, or as authorized by the employee’s department or division head. The camera feature is not to be used for personal purposes.

C.A. Employees are not allowed to use the City-issued cellular phones in an illegal, illicit or offensive manner.

D.B. It is important to remember that all payments processed through Accounts Payable, including complete cell phone bills detailing all monthly activity, and all texts are public record.

Using your City issued cell phone appropriately, and for business use only, will avoid problems and questions that might occur by public or outside audit.

E.C.While on duty or in the work environment, employees must use all cell phones and electronic devices in a professional manner.

F.D.It is important to note that all cell phone monthly billings submitted to Accounts Payable for payment become public record and information under the California Public Records Act.

Disciplinary action may be taken for any violation of the City’s Cellular Phone Policy.

III. Replacing a Cellular Phone
A. It is at the discretion of the Department Head/Division Manager and the Purchasing ManagerFinance Director to authorize the replacement/upgrade of a City-issued cellular phone. Use the “Wireless Equipment Request Form” (see Attachment “B”) to initiate such a request.

B. Employees assigned a City cell phone must be diligent in the care and protection of the City asset entrusted to them. Employee may be responsible for replacement if loss or damage to cellular phone is the fault of the employee.

C. In the event of a lost or stolen cellular phone:

1. Report the situation to your cell phone carrier Information Systems Division immediately.

2. Report the situation to your manager.

3. Manager shall contact the Purchasing ManagerFinance Director, or designee. 189
City of SLT Financial Policies – Cell Phones 4 June August 200823

4. Send or fax the “Wireless Equipment Request Form” (see Attachment “B”) to PurchasingInformation Systems Supervisor.

IV. Use of a Personal Cellular Phone During Work Hours

1.A.To avoid situations that are disruptive to the public or fellow employees cellular phone ringers should be turned off or placed into the silent or vibrate mode while at work.

2.B.Personal cellular phones should only be used for personal calls during breaks or at lunch.

3.C.Discussions on a personal cellular phone during a break or lunch should not disrupt other staff members.

4.D.Personal cell phones are the sole responsibility of the employee and the City will not be responsible for repair or replacement if damaged or lost.

V. Safe Use of Cell Phone/Electronic Devices While Operating a Vehicle Effective July 1, 2008, state law prohibits the use of cell phones while operating a vehicle unless the driver is using a hands-free device. There are three exceptions to the law:
 Emergency services personnel are exempt from the law when operating an authorized emergency vehicle;
 Drivers of commercial vehicles may continue to utilize two-way communication equipment (i.e. Nextel Push to Talk, CB, etc.) while driving a truck or trailer until July 1, 2011;
 The law does not apply to persons using their cell phone to contact law enforcement or public safety agencies for emergency purposes.

With the exception of the above, employees must refrain from; operating cellular phones or other devices or any activity that may distract from safely operating a motor vehicle. Using cell phones or other devices while driving leads to increased risk of accident and liability to the City and the employee.

To limit the risk, all employees shall adhere to the following:

1. Use a hands-free device if you must make or receive a call. SB 1613, effective 07/01/2008 prohibits drivers from using a cell phone unless they are also using a handsfree device. Please note certain exceptions mentioned above.

2. Make calls before starting the vehicle and proceeding to your destination.

3. If possible, pull over or park in an appropriate manner before initiating or answering a call.

4. Allow voice mail to handle your incoming calls and return them at your safe convenience.

5. Refrain from making personal calls, except for emergencies; while operating a City owned vehicle, rental vehicle or your own vehicle for City related business.

6. Suspend conversations during hazardous driving conditions or situations.

7. Always drive vehicles in a safe manner. It is recommended that the employee avoid activities that can cause a distraction and/or take your eyes and attention off of the road, including, but not limited to; taking notes, looking up phone numbers, text messaging, eating, drinking, smoking, loading or unloading CD’s, or changing radio stations.

8. When possible, employees using two-way communication equipment (i.e. Nextel “push to talk” device) should safely pull over before communicating. If pulling over is not an option, maintain a safe driving distance between the vehicle in front of you and be conscious of your surroundings.

9. While driving vehicles equipped with laptops, GPS/Navigation tools or other computerized equipment employees shall use such equipment in a safe manner and, when safe to do so, pull over and park to use such equipment.

Formatted: Outline numbered + Level: 3 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at:

0.75" + Indent at: 1"
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City of SLT Financial Policies – Cell Phones 5 June August 200823 All City Employees, while operating a vehicle for City related business, will adhere to California Law SB1613 regarding the use of a hands free device for cell phones. Any fines received while operating a vehicle for City related business are the sole responsibility of the driver.

VI. Exceptions
A. Exceptions to this policy may be authorized by the City Manager following a written request for consideration from a Department Head, along with appropriate justification.

Attachments:
• Acknowledgment Signature Form – “A”
• Wireless Equipment Request Form – “B”
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CELLULAR PHONE POLICY

ATTACHMENT “A”

ACKNOWLEGEMENT OF CELL PHONE POLICY FOR THE CITY OF

SOUTH LAKE TAHOE
By signing below, I agree that I have read, understand and will adhere to the City of South Lake Tahoe’s Cell Phone Policy.

Employee is authorized by their Dept. Head/Div. Mgr. to use the text message feature on their City issued cellular device:

Yes_________ Purpose?____________________________________ No_________ Employee is authorized by their Dept. Head/Division Mgr. to use the camera feature on their City issued cellular device:

Yes________ Purpose?____________________________________ No_________ Other enhanced features Dept. Head/Division Manager authorizes employee to use on their City issued cellular device:
_______________________________ Purpose?______________________________ Employee is authorized by their Dept. Head/Division Manager to use their personal cellular device for business use. Non-Exempt employees may do so during regularly scheduled business hours only, due to FSLA rules:

Yes________ No_________
Employee’s Signature:___________________________________________________ Employee’s Printed Name:________________________________________________ Department Head Signature/Title:__________________________________________ Division Manager Signature/Title:__________________________________________ Date:_________________________________________________________________ 192
City of SLT Financial Policies – Cell Phones 7 June August 200823

CELLULAR PHONE POLICY

ATTACHMENT “B”

WIRELESS EQUIPMENT REQUEST FORM
Use this form to authorize and order wireless equipment. Send or fax to Purchasing (542-7950)Information Systems Supervisor.

Today’s date:_______________________ Need by date:_____________________ Employee Name:______________________________________________________________ Reason for Request (Check the appropriate box)
New User

Replacement, Damaged or Upgrade
Replacement, Lost or Stolen
Type of device requested (Check the appropriate box)
Cellular Phone Monthly Minutes Required:_________________________________ Blackberry Device Data & Phone Monthly Minutes Required:_____________ (Check one)>>>>
Data Only
PC Wireless CardiPad
Pager
Shared Plan? Shared with what other number(s):___________________________________ (Check if shared minute plan)
____________________________________________________________________________ Additional Features? List features required:_______________________________________ Authorized By: (Please Print and Sign) ______________________________________________ ( Department Head) (Title)
Authorized By: (Please Print and Sign) ______________________________________________ (Division Manager, if Applicable) (Title)
Date:_____________________________________________________________ } Phone Number: ( )_____________________
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City of SLT Financial Policies – Cell Phones 1 June 2008

CELLULAR PHONE POLICY

INTRODUCTION
There are millions of cell phones and wireless communication devices in operation today. This technology is now an integral part of our daily personal and business activity. In this wireless era, cell phones provide instant communication and information where one may transact business almost anywhere in the world. These devices are tools to enhance employee productivity, provide safety/security while traveling, and provide a higher level of service to the citizens of South Lake Tahoe.

The benefits of wireless communication devices certainly outweigh the disadvantages. In an effort to maximize efficiency, enhance safety and ensure the equipment is properly used, the City of South Lake Tahoe shall enforce the following policy.

PURPOSE
The purpose of the Cellular Phone Policy is to:

1. Provide standards and clarification for city-issued and personal cellular phone use;

2. Enhance the efficiency and effectiveness of communication;

3. Ensure safe work practices when using cell phones while driving or performing work-related activities;

4. Ensure compliance with SB 1613, which will prohibit drivers from using a cell phone unless they are also using a hands-free device; and to

5. Ensure compliance with Federal (IRS), State (AB1234, Public Records Act) and Local (Ethics and Wrongdoing in the Workplace Policies) rules and regulations.

DEFINITIONS
Vehicle – a land motor vehicle, motorcycle, trailer or semi-trailer designed for travel on public roads and or any off road vehicle.

Cell phone – any wireless communication device, including smart phones.

City Issued Cell Phone – any wireless communication device, including smart phones provided by the City to the employee for business use.

Personal Cell Phone - an employee owned wireless communication device, including personal digital assistant (PDA’s) and smart phones.

I. Use of Cellular Phone for Official Business
A. City-issued Cellular Phone
The Finance Director, or a designee, will determine the suitable carrier(s) for City-issued cell phones. Finance Director, or a designee. shall manage the administration and be the main point of contact for City cell phones and cellular contract(s), including types and models of equipment to be used, number of users, amount of usage, initial set-up, plan changes, service and billing issues and service purchased under the contract. 194
City of SLT Financial Policies – Cell Phones 2 August 2023

1. Department Head/Division Manager, whichever is applicable, shall be responsible for determining the employee’s need for a City provided cell phone. In doing so, the Department Head or Division Manager will analyze the business necessity for such use before authorization. Department Head/Division Manager shall inform employees of the purpose for cell phone communication while performing City business; ensure the employee understands the Cell Phone Policy; enforce compliance with this policy; and ensure that cell phone use is appropriate and that public funds are prudently spent. Approval shall be given to the Finance Director, or a designee, in writing by using the “Cell Phone Policy Acknowledgment Form” (See Attachment “A”) and the “Wireless Equipment Request Form” (see Attachment “B”).

2. Employee shall review and adhere to the Cell Phone Policy.

3. Employee should use their cell phone to report emergencies to the appropriate authorities.

4. Use of a City provided cell phone for commercial profit or secondary employment is prohibited.

5. City provided cell phones shall only be used for appropriate business calls and texts. As a general rule, personal phone calls are not allowed on City-issued cell phones. If employee has an urgent personal issue arise, phone must only be used on a de minimus (less than 10 minutes) basis.

6. City issued cell phones are to be used by the assigned employee(s) only. Allowing family members, friends, etc. to use City equipment is prohibited.

B. Personal Owned Cellular Phone for Official City Business Employees are prohibited from transacting Official City Business from personal cell phones unless the communication is captured and retained in a City account.

II. General Business Usage
A. Employees are not allowed to use the City-issued cellular phones in an illegal, illicit or offensive manner.

B. It is important to remember that all payments processed through Accounts Payable, including complete cell phone bills detailing all monthly activity, and all texts are public record. Using your City issued cell phone appropriately, and for business use only, will avoid problems and questions that might occur by public or outside audit.

C. While on duty or in the work environment, employees must use all cell phones and electronic devices in a professional manner.

D. It is important to note that all cell phone monthly billings submitted to Accounts Payable for payment become public record and information under the California Public Records Act.

Disciplinary action may be taken for any violation of the City’s Cellular Phone Policy.

III. Replacing a Cellular Phone
A. It is at the discretion of the Department Head/Division Manager and the Finance Director to authorize the replacement/upgrade of a City-issued cellular phone. Use the “Wireless Equipment Request Form” (see Attachment “B”) to initiate such a request.

C. In the event of a lost or stolen cellular phone:

1. Report the situation to Information Systems Division immediately.

2. Report the situation to your manager.

3. Manager shall contact the Finance Director, or designee.

4. Send the “Wireless Equipment Request Form” (see Attachment “B”) to Information Systems Supervisor. 195
City of SLT Financial Policies – Cell Phones 3 August 2023

IV. Use of a Personal Cellular Phone During Work Hours
A. To avoid situations that are disruptive to the public or fellow employees cellular phone ringers should be turned off or placed into the silent or vibrate mode while at work.

B. Personal cellular phones should only be used for personal calls during breaks or at lunch.

C. Discussions on a personal cellular phone during a break or lunch should not disrupt other staff members.

D. Personal cell phones are the sole responsibility of the employee and the City will not be responsible for repair or replacement if damaged or lost.

V. Safe Use of Cell Phone/Electronic Devices While Operating a Vehicle Effective July 1, 2008, state law prohibits the use of cell phones while operating a vehicle unless the driver is using a hands-free device. There are three exceptions to the law:
 Emergency services personnel are exempt from the law when operating an authorized emergency vehicle;
 Drivers of commercial vehicles may continue to utilize two-way communication equipment (i.e. Nextel Push to Talk, CB, etc.) while driving a truck or trailer until July 1, 2011;  The law does not apply to persons using their cell phone to contact law enforcement or public safety agencies for emergency purposes.

To limit the risk, all employees shall adhere to the following:

1. Use a hands-free device if you must make or receive a call. SB 1613, effective 07/01/2008 prohibits drivers from using a cell phone unless they are also using a hands-free device. Please note certain exceptions mentioned above.

2. Make calls before starting the vehicle and proceeding to your destination.

3. If possible, pull over or park in an appropriate manner before initiating or answering a call.

4. Allow voice mail to handle your incoming calls and return them at your safe convenience.

5. Refrain from making personal calls, except for emergencies; while operating a City owned vehicle, rental vehicle or your own vehicle for City related business.

6. Suspend conversations during hazardous driving conditions or situations.

All City Employees, while operating a vehicle for City related business, will adhere to California Law SB1613 regarding the use of a hands free device for cell phones. Any fines received while operating a vehicle for City related business are the sole responsibility of the driver.

Attachments:
 Acknowledgment Signature Form – “A”
 Wireless Equipment Request Form – “B”
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City of SLT Financial Policies – Cell Phones 4 August 2023

CELLULAR PHONE POLICY

ATTACHMENT “A”

ACKNOWLEGEMENT OF CELL PHONE POLICY FOR THE CITY OF

SOUTH LAKE TAHOE
By signing below, I agree that I have read, understand and will adhere to the City of South Lake Tahoe’s Cell Phone Policy.

Employee’s Signature:___________________________________________________ Employee’s Printed Name:________________________________________________ Department Head Signature/Title:__________________________________________ Division Manager Signature/Title:__________________________________________ Date:_________________________________________________________________

197
City of SLT Financial Policies – Cell Phones 5 August 2023

CELLULAR PHONE POLICY

ATTACHMENT “B”

WIRELESS EQUIPMENT REQUEST FORM
Use this form to authorize and order wireless equipment. Send or fax to Information Systems Supervisor.

Replacement, Damaged or Upgrade
Replacement, Lost or Stolen
Type of device requested (Check the appropriate box)
Cellular Phone
iPad
Additional Features? List features required:_______________________________________ Authorized By: (Please Print and Sign) ______________________________________________ ( Department Head) (Title)
Authorized By: (Please Print and Sign) ______________________________________________ (Division Manager, if Applicable) (Title)
Date:_____________________________________________________________ } Phone Number: ( )_____________________
198
City of SLT Financial Policies – Local Training 1 August 20232

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  Missing or Lost Reciepts…………………………………………………………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 Emergency Service Meal Approval Form……………………………………………………14

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City of SLT Financial Policies – Local Training 2 August 20232

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
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City of SLT Financial Policies – Local Training 3 August 20232

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, Formatted: Font: Bold
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numbering
201
City of SLT Financial Policies – Local Training 4 August 20232 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.

CAL-Cards or Petty Cash cannot be used for meal costs.

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) or Petty Cash, cannot be used as payment for meals. Please see Section 8 (Restricted and prohibited purchases) of the Cal-Card User Handbook or refer to Financial Policies – Cash, for disbursement of Petty Cash .

The ONLY CAL-Card 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, and Finance Director must approveuthorize the “Emergency Service Meal Approval Form” in writing the need ttoo incur this type of expense, along with Formatted: Font: 14 pt
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202
City of SLT Financial Policies – Local Training 5 August 20232 documentation and receipts as required perin this policy. 203
City of SLT Financial Policies – Local Training 6 August 20232

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 7 August 20232

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 (Cal Card is prohibited):

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.

1.2. Reimbursement is only for the meal costs of city employees at the meeting. The City cannot pay for meals of representatives from outside agenciesy employees or consultants, contractors or any other attendee .

2.3. It is justified that it was not practical or reasonable to schedule the meeting at a time other than a meal time.

3.4. 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.

4.5. 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 Formatted: Font: Bold
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205
City of SLT Financial Policies – Local Training 8 August 20232 b) describe the need/purpose for the off-site meeting
c) reason the meal had to be served during the meeting
206
City of SLT Financial Policies – Local Training 9 August 20232  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 20232 are as follows:

Breakfast: $17.00
Lunch: $18.00
Dinner: $34.00
Mileage: 652.5 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.

Per IRS Section 15; to be excluded from taxable wages, your Payment Request Form or Cal Card Purchase Report must include the following:
207
City of SLT Financial Policies – Local Training 10 August 20232  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. * Missing or Lost Receipts: Reimbursement of expenses without receipts becomes taxable income.

Therefore, the city will not reimburse employees without receipts. In the event receipts are not available, provide a written explanation to your Department Head, include a full description of the cost of expenses and reason the receipts are missing. IRS requires all of the information as noted above as well as the name of the establishment, the date of service, description of items/meals/service purchased, amount paid, include tax if applicable. If a personal credit card or debit card was used, provide a copy of the bank transaction. This written explanation must be approved by the Department Head and submitted to the Finance Director for approval. Once approved, submit this documentation with the Reimbursement Request form to Accounts Payable. The City reserves the right to require additional approval of the City Manager, where necessary or deny the reimbursement.

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.

Formatted: Normal, Right: 0", Space Before: 2 pt, No
bullets or numbering, Tab stops: 1.21", Left + Not at

1.17"
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City of SLT Financial Policies – Local Training 11 August 20232 (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. 209
City of SLT Financial Policies – Local Training 12 August 20232

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, §53232.4 210
City of SLT Financial Policies – Local Training 13 August 20232

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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City of SLT Financial Policies – Local Training 14 August 20232 Formatted: Centered
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City of SLT Financial Policies – Local Training 15 August 2023 Name:

Dept / Div:

MONTHLY CALCARD PURCHASE REPORT
Card #:

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 $ - 2 $ - 3 $ - 4 $ - 5 $ - 6 $ - 7 $ - 8 $ - 9 $ -
10 $ - 11 $ - 12 $ -
$ - $ - $ -
Cardholder signature: Date:

Approving official signature: Date:

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. *####
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City of SLT Financial Policies – Local Training 16 August 2023 Formatted: Indent: Left: 4.02"Formatted: Left, Indent: Left: 4.02" 214
City of SLT Financial Policies – Local Training 1 August 2023

FINANCIAL MANAGEMENT

Table of Contents
This Policy is organized into the following seven sections:

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 * Meal Exceptions ................................................................................................................................ 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 * Missing or Lost Receipts .................................................................................................................. 8

5.1 Falsification of Expenses .................................................................................................................8-9

6. Forms and Publications............................................................................................................................. 9

6.1 IRS Publications and CA Gov’t Code ............................................................................................... 9 Payment Request Form ................................................................................................................... 10 Emergency Meal Approval Form ................................................................................................... 11 Monthly Cal Card Purchase Report .............................................................................................. 12 215
City of SLT Financial Policies – Local Training 2 August 2023

1. GENERAL STANDARDS:

2. DELEGATION OF AUTHORITY:

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
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City of SLT Financial Policies – Local Training 3 August 2023

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.

CAL-Cards or Petty Cash cannot be used for meal costs.

4. LOCAL TRAINING , BUSINESS AND MEETING EXPENSES:

Please note: Procurement cards (CAL-Card), or Petty Cash, cannot be used as payment for meals. Please see Section 8 (Restricted and prohibited purchases) of the Cal-Card User Handbook or refer to Financial Policies-Cash, for disbursement of Petty Cash requirements.

The ONLY CAL-Card 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, and Finance Director must approve the “Emergency Service Meal Approval Form” to incur this type of expense, along with documentation and receipts as required in this policy.
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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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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 (Cal Card is prohibited):

2. Reimbursement is only for the meal cost for city employees at the meeting.

The City cannot pay for meals of representatives from outside agencies, consultants, contractors, or any other attendee.

3. It is justified that it was not practical or reasonable to schedule the meeting at a time other than a mealtime.

4. 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.

5. 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:
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City of SLT Financial Policies – Local Training 7 August 2023 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.

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 2023 are as follows:

Breakfast: $17.00
Lunch: $18.00
Dinner: $34.00
Mileage: 65.5 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. 221
City of SLT Financial Policies – Local Training 8 August 2023 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. • Missing or Lost Receipts: Reimbursement of expenses without receipts becomes taxable income. Therefore, the city will not reimburse employees without receipts. In the event receipts are not available, provide a written explanation to your Department Head, include a full description of the cost of expenses and reason the receipts are missing. IRS requires all the information as noted above as well as the name of the establishment, the date of service, description of items/meals/service purchased, amount paid, include tax if applicable. If a personal credit card or debit card was used, provide a copy of the bank transaction. This written explanation must be approved by the Department Head and submitted to the Finance Director for approval. Once approved, submit this documentation with the Reimbursement Request form to Accounts Payable. The City reserves the right to require additional approval of the City Manager, where necessary or deny the reimbursement.

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.
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City of SLT Financial Policies – Local Training 9 August 2023 (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.

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, §53232.4 223
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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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City of SLT Financial Policies – Local Training 12 August 2023 Name:

Dept / Div:

MONTHLY CALCARD PURCHASE REPORT
Card #:

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 $ -
2 $ -
3 $ -
4 $ -
5 $ -
6 $ -
7 $ -
8 $ -
9 $ -
10 $ -
11 $ -
12 $ -
$ - $ - $ -
Cardholder signature: Date:

Approving official signature: Date:

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. *####
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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 89, 20232. 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) …………………………………………………….. 5-6

1.4. On-Site Services……………………………………………………………….…...67

1.5. Splitting Purchases ……………………………………………………………….. 67

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

1.7. Environmentally Preferable Products………………………………………………87

1.8. SB 1383 Recovered Organic Waste Products ……………………………………..87

1.9. Cooperative Purchasing…………………………………………………………… 8-9

1.10. Business License Requirement……………………………………………………98

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

1.12. Disposition of Surplus…………………………………………………………… 109

2. Discretionary Purchases (less than $10,000)…………………………………..….… 10- 1419

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

2.2. Purchases utilizing Federal Funds/Other Revenue ……………………………….. 110

2.3. Discretionary Process…………………………………………………..…………..110

3. Informal Solicitations ($10,000 - $59,999).…………………………..………..…… . 11-120

3.1. Signature Authority……………………………………………………………….. 110

3.2. Equipment and Capital Expenditures …………….…………………….………….11-12

3.3. Informal Bid and Proposal Process ………………………………………….…….12-13

3.4. Purchase Orders…………………………..……………………………,,……….…143

3.5. Purchase Agreement………………………..……………..………………..………143

3.6. Professional Service Agreement……………………………………………………143

4. Formal Solicitations ($60,000 and above) …………………………………….…...…14-153

4.1. Signature Authority.…………………………………………………………..….…154

4.2. Formal Bidding Process…………………………………………………….………154
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Request for Proposals (services or consultants)……………………………………154 Requests for Qualifications (pre-qualification for consultants) …………..……….154 Invitation to Bid (goods, materials, equipment) …………………………………...14-15

4.3. Local Business Preference…………………………………………………………165

4.4. Bidders Security……………………………………………………………………165

4.5. Bid and RFP/RFQ Evaluations ……………………………………………………15-16- 17 Rejections/ Tie Bids …………………………………………………..…………...17
Less than three Bids/ No Bids Received…………………………………..………..187 Waiver of Irregularities and Rejection of Bids……………………………………….18

4.6. City Council Staff Recommendations……………………………………………...18-197 Staff Report/ Resolution ………………………………………………………….. 197-18

4.7. Bid Protests……………………………………………………………………...….198

4.8. Maintaining Documentation………………………………………………………..2019

5. Forms and Boiler Plates
Exhibit A- Payment Request Form…..…………………………………………… 220 Exhibit B - Sole Source Justification ..…………………………………………….242 Exhibit C – Request for Quotes ……………………………………………………264
Exhibit D – Contract/Agreement Routing Form…………………………………...286 Exhibit E – Bid Evaluation Forms and Scoresheet……………………………….. 302338- 31 Exhibit F – Standard RFP/RFQ required template …………………………….....343-420 Exhibit G – Standard PSA (Professional Services Agreement) ………………….. 443- 6058
Exhibit H – Standard Invitation to Bid………………………………………..….. 610- 7067
Exhibit I – Standard Purchasing Agreement (Contract for Goods)…………….… 7169- 8078
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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;
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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;

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) Prequalification: The City may require each prospective bidder for a contract to submit a standardized questionnaire and financial statement in the form specified by the director of public works. The City may establish a process for prequalifying prospective bidders on a quarterly basis, and a prequalification pursuant to this process shall be valid for one calendar year following the date of initial prequalification. The director of public works is authorized to establish such a quarterly prequalification process. Refer to City Code for bidder appeal process. (City Code SLTCC § 3.45.105)
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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. This includes contract change orders up to this amount.

Informal bidding for Public Projects: Monetary Limit. Public contracts of $200,000 or less may be executed by the director of public works or his or her designee as well as let to contract by informal procedures as set forth in this section. Contract change orders up to this amount may be approved by the director of public works, so long as the combined amounts are within the approved project budget. 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)
Lowest Responsible Bidder: Contracts for public projects shall be awarded to the lowest responsible bidder. If two or more bids are the same and the lowest, the city may accept the one it chooses. In determining the lowest responsible bidder, the following factors may be considered in addition to price:

1. The ability, capacity and skill of the bidder to perform the contract or provide the service required;

1. The character, integrity, reputation, judgment, experience, efficiency and performance demonstrated in previous contracts or services for the city;

2. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the services;

3. The ability of the bidder to provide future maintenance for service for the public project. (Ord. 1171 § 1; Ord. 1165 § 1; Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-25)
Design-Build Contracts: The purpose of this section is to authorize and provide guidelines for the award and use of “design-build contracts,” which means a public project procurement method in which both the design and construction of the project are procured from a single entity, in accordance with Public Contract Code Section 22160 et seq. This section shall be effective until January 1, 2025, unless the authorizing statute is extended, in which case this section shall be effective so long as Public Contract Code Section 22160 et seq. is in effect.

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1. Design-build procurement may be used for public projects in excess of $1,000,000 consisting of the construction of a building or buildings and improvements directly related thereto and park and recreational facilities, and may not be used for construction of other infrastructure including, but not limited to, streets and highways;

2. Any architectural firm, engineering firm, specialty consultant, or individual retained by the city to assist in the development of plans, designs, performance standards, or the request for proposals shall not be eligible to submit a proposal as a design-build entity or join a design-build team.

3. Refer to City Code SLTCC § 3.45.165 Design-build contracts for additional guidelines when utilizing this method for procurement.

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 Formatted: Font: (Default) Times New Roman, 12 pt
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Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 8 § 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.

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. 234
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2. Recognize areas in your department that could utilize these products.

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

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 235
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 10 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, 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
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Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 11 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, 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 $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. 237
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 12 $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.

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 passthrough 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 238
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 13 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 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 239
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 14  Business License #
 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 $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 Formatted: Justified
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Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 15

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.

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.
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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)
 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 Scoresheet

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

3. Rank based on highest score to lowest and/or develop a shortlist 242
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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 - 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 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.
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Less Than Three BID Responses: Solicitations advertised on the city’s Planet Bids portal is considered “competitive solicitation”, therefore:

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.

2. Waiver of irregularities and rejection of bids: At its discretion, the city may waive any irregularity in any bid received and award the contract, may reject all bids presented and may readvertise the project, or the city may abandon the project. (Ord. 1171 § 1; Ord. 1165 § 1; Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-24)

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:

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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.

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:
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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 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)
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6. Sole Source Justification Form (if applicable)

7. Cooperative Gov’t Contract (if applicable)

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

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APPROVED: ____________________________
APPROVED: ____________________________ Budget Available: ________ APPROVED: ____________________________ Reimbursable: ____________ Project/ Funding Source: _____________________________
Project/ Funding Source: _____________________________

EXHIBIT B

SOLE SOURCE

JUSTIFICATION
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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 251
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EXHIBIT C

REQUEST FOR QUOTES
FORM
252
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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: _____________________________________ _____________________________________________________________________________ _____________________________________________________________________________ 253
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EXHIBIT D
Contract/Agreement
Routing Form
Template
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EXHIBIT E

BID EVALUATION

FORMS/ SCORESHEET

TEMPLATE
256
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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. 257
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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 258
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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. 265
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 40 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. 266
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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.… 267
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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 268
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 43 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

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SAMPLE

PROFESSIONAL SERVICE AGREEMENT
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EXHIBIT G

STANDARD

PROFESSIONAL

SERVICES AGREEMENT

TEMPLATE
271
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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. 272
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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 273
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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 274
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 49 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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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, 276
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 51 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 277
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 52 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 53 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 54 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 280
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 55 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 281
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 56 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 282
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 57 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_______________________ 287
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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 289
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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.

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 291
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 66 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. 292
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 67 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 68 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 294
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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 timeline from the Vendor is required. Provide description of all costs, implementation, including 295
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 70 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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ATTACHMENT 1

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 74 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 300
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 75 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 301
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 76 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 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 302
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 77 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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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 306
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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.

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

Vendor:

Name, Title
By: ________________________________________ Date________________________ 307
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EXHIBIT J

BID REJECTION
LETTER –

TEMPLATE/EXAMPLE
308
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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 311
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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 87 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 313
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 88 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 314
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 89 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 315
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 90 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. 316
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 91 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. 317
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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.” 318
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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”
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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.
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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 8, 2023. 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.

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

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

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

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

1.3 Public Projects (CUPCCA) ................................................................................................ 5-6

1.4 On-Site Services.............................................................................................................7

1.5 Splitting Purchases .........................................................................................................7

1.6 Sole Source Purchasing.......................................................................................................... 7

1.7 Environmentally Preferable Products ............................................................................8

1.8 SB 1383 Recovered Organic Waste Products ................................................................8

1.9 Cooperative Purchasing .................................................................................................9

1.10 Business License Requirement ....................................................................................9

1.11 Budget Appropriation ..................................................................................................9

1.12 Disposition of Surplus........................................................................................................10

2. Discretionary Purchases (less than $10,000) .......................................................... 10-11

2.1 Signature Authority ......................................................................................................10

2.2 Purchase utilizing Federal Funds/Other Revenue ........................................................11

2.3 Discretionary Process...........................................................................................................11

3. Informal Solicitations ($10,000 - $59,999) ............................................................... 11-12

3.1 Signature Authority ......................................................................................................11

3.2 Equipment and Capital Expenditures...........................................................................12

3.3 Informal Bid and Proposal Process ..............................................................................13

3.4 Purchase Orders ...........................................................................................................14

3.5 Purchase Agreement ....................................................................................................14

3.6 Professional Service Agreement ..................................................................................14

4. Formal Solicitations ($60,000 and above) ............................................................... 14-15 323
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4.1 Signature Authority......................................................................................................15

4.2 Formal Bidding Process...............................................................................................15 Public Projects .......................................................................................................15 Requests for Proposals (services or consultants)...................................................15 Requests for Qualifications (pre-qualification for consultants).............................15 Invitation to Bid (goods, materials equipment) .....................................................15

4.3 Local Business Preference ...........................................................................................16

4.4 Bidders Security...........................................................................................................16

4.5 Bid and RFP/RFQ Evaluations.............................................................................. 16-17 Rejections / Tie Bids..............................................................................................17 Less than three Bids/ No Bids Received................................................................18 Waiver of Irregularities and Rejection of Bids......................................................18

4.6 City Council Staff Recommendations ................................................................... 18-19 Staff Report / Resolution .......................................................................................19

4.7 Bid Protests..................................................................................................................19

4.8 Maintaining Documentation ........................................................................................20

5. Forms and Templates................................................................................................ 21-94 Exhibit A- Payment Request Form........................................................................22 Exhibit B – Sole Source Justification ....................................................................24 Exhibit C – Request for Quotes.............................................................................26 Exhibit D – Contract/Agreement Routing Form....................................................28 Exhibit E – Bid Evaluation Forms and Scoresheet.......................................... 30-33 Exhibit F – Standard RFP/RFQ Required Template........................................ 34-42 Exhibit G – Standard PSA (Professional Services Agreement)....................... 44-60 Exhibit H – Standard Invitation to Bid ............................................................ 61-70 Exhibit I – Standard Purchasing Agreement (contract for goods)................... 71-80 Exhibit J – Bid Rejection Letter.............................................................................82 Exhibit K – Bid Acceptance Letter........................................................................84 Exhibit L – Instructions to Create a PO........................................................... 85-94 324
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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.

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. 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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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) Prequalification: The City may require each prospective bidder for a contract to submit a standardized questionnaire and financial statement in the form specified by the director of public works. The City may establish a process for prequalifying prospective bidders on a quarterly basis, and a prequalification pursuant to this process shall be valid for one calendar year following the date of initial prequalification. The director of public works is authorized to establish such a quarterly prequalification process. Refer to City Code for bidder appeal process. (City Code SLTCC § 3.45.105)
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. This includes contract change orders combined up to this amount.

Informal bidding for Public Projects: Monetary Limit. Public contracts of $200,000 or less may be executed by the director of public works or his or her designee as well as let to contract by 326
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 6 informal procedures as set forth in this section. Contract change orders up to this amount may be approved by the director of public works, so long as the combined amounts are within the approved project budget. 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.

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.

1. The ability, capacity and skill of the bidder to perform the contract or provide the service required;

2. The character, integrity, reputation, judgment, experience, efficiency and performance demonstrated in previous contracts or services for the city;

3. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the services;

4. The ability of the bidder to provide future maintenance for service for the public project. (Ord. 1171 § 1; Ord. 1165 § 1; Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-25)
Design-Build Contracts: The purpose of this section is to authorize and provide guidelines for the award and use of “design-build contracts,” which means a public project procurement method in which both the design and construction of the project are procured from a single entity, in accordance with Public Contract Code Section 22160 et seq. This section shall be effective until January 1, 2025, unless the authorizing statute is extended, in which case this section shall be effective so long as Public Contract Code Section 22160 et seq. is in effect.

3. Refer to City Code SLTCC § 3.45.165 Design-build contracts for additional guidelines when utilizing this method for procurement.

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. 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.

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.

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. 328
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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. 329
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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. 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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Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 10 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.

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, 331
Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 11 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.

2.3 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.

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.

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 passthrough 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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Procedures and required Forms and Templates are located in Outlook, Public Folders/ Purchasing Page 13